HomeMy WebLinkAboutMINUTES-03/21/2017-RegularMarch 21, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
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PRESENT: Martinez, Stephens, Campana, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 10, First Reading of Ordinance No. 049, 2017,
Amending Chapter 7.5 and 8 of the Code of the City of Fort Collins for Phased Increases of the
Capital Expansion Fees, will be withdrawn from the Consent Agenda in order to allow
Councilmember Campana to recuse himself.
• CITIZEN PARTICIPATION
Rit Henningen commented on the services provided by Hageman's Earth Cycle.
Eric Sutherland discussed Poudre School District litigation and tax increment financing.
Chet Daniel commented on the services provided by Hageman's Earth Cycle.
Ryan Houdek suggested Council consider changes to the Old Town smoking ban, including
allowing smoking areas within the Old Town zone and lessening the fines.
Mike Pruznick discussed government violence against law-abiding citizens, the similarities
between Beirut, Lebanon and Fort Collins, and past issues at Council meetings.
Roger Hageman discussed the services provided by Hageman's and stated his business needs the
Natural Areas land in order to continue its operations.
Caleb Goll discussed a business he is starting for fire performers and stated he is hoping to host a
weekly fire dancing event in City Park. '
Anne Cleary discussed the eminent domain utilized on her property near Prospect and College.
Council needs to consider the human impacts of its actions. She has not been compensated to
date.
Kevin Harper discussed the differences between the appraisals for the trees on his property near
Prospect and College.
Tim Abbott expressed support for Hageman's Earth Cycle.
Elizabeth Hudetz expressed concern regarding the amount of spending by political action
committees on the City election.
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Clint Skutchan, Fort Collins Board of Realtors, stated funds spent by the Board of Realtors on
the election have been raised locally and are distributed on behalf of the Board to support
candidates it feels are best for Fort Collins' housing future.
Huston Morse, Fort Collins Women's Commission, thanked the Mayor for the Equal Pay Day
proclamation.
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Campana discussed the Hageman property and stated he is confident a fair
resolution will be reached.
Councilmember Overbeck requested additional research into the issue regarding downtown
employees not being able to smoke on breaks. He thanked Ms. Cleary and Mr. Harper for
bringing awareness to their difficult situation.
Mayor Troxell encouraged Mr. Goll to speak with Poudre Fire Authority. The smoking ban will
be discussed at the next Council retreat. I
Councilmember Stephens thanked Ms. Morse for speaking on behalf of the Women's
Commission and encouraged employers to assess wages for -equality. She discussed the donation
amounts allotted for elections.
• CONSENT CALENDAR
Eric Sutherland withdrew Item Nos. 2, Second Reading of Ordinance No. 035, 2017, Amending_
Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges for
Customers Participating in Community Solar Projects, 6, First Reading of Ordinance No. 039,
2017, Appropriating Prior Year Reserves in the Transportation Fund for Regional Contribution
to Larimer Countyfor North 1-25 Improvements, 7, Resolution 2017-026 Authorizing the Mayor
to Execute an Intergovernmental Agreement Between the City of Fort Collins and the Colorado
Department of Transportation for the City's Contribution of Funds for the North Interstate 25
Improvements, and 11, First Reading of Ordinance No. 052, 2017, Amending Chapter 19 of the
Code of the City of Fort Collins to Adopt the Colorado Rules of Civil Procedure to Govern the
Procedures for Civil Actions Filed in Municipal Court and to Add City Code Section 1-24 to
Clarify that Civil Actions Arising Under the City's Ordinances are not Intended to Create by
Implication Claims for Monetary Damages for the Benefit of Third Parties, from the Consent
Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT:
ADOPTED [UNANIMOUS] .
•
MOVER:
ry g ..
Gerry Horak, District
SECONDER:
Bob Overbeck, District t
AYES:
Martinez, Stephens, Campana, Overbeck, Trokell, Cunniff, Horak
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March 21, 2017
Second Reading of Ordinance No. 030, 2017, Annexing Property Known as the Mail Creek
Crossing Second Annexation to the City of Fort Collins. Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 21, 2017, annexes 43.698
acres, consisting of 11 parcels located in the southeast quadrant into the City of Fort Collins. The
initiating resolution was adopted on January 17, 2017. The subject properties are located on the
eastern edge of South Timberline Road and bisected by Kechter Road. A related item to zone the
annexed properties is presented as the next item on this Agenda.
2. Second Reading of Ordinance No. 035, 2017, Amendinq Chapter 26 of the Code of the Citv of
Fort Collins to Revise Electric Rates. Fees and Charges for Customers Participating in
Community Solar Projects. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 21, 2017, expands the definition
of "community solar projects". in Chapter 26 of the City Code to include both "subscriber -based" and
"program -managed" community solar projects, and to establish ,a net metering rate applicable to the
Solar Affordability Program (SAP), a new program -managed community solar project. In addition,
this item provides background on the income qualified SAP which will provide participating Fort
Collins electric customers with direct bill credits for a one year period. During that time, SAP
households will participate in efficiency and conservation installations customized to each household,
drawing on resources from Utility Services, Larimer County and the State of Colorado. Program
households will also participate in energy saving education and complete efficiency upgrades.
Combined, the efficiency and education opportunities will enable program households to
permanently reduce their electric expenses and usage. Over the life of the SAP, hundreds of
qualifying households will benefit from a reduced energy burden as individual participants in the
program, and the benefits of additional renewable energy generation will be realized across the
residential rate class. The proposed credit rate for SAP and other dedicated program -managed
community solar project customers is the same rate as that currently available to customers of
subscriber -owned community solar projects, like the Riverside Community Solar project.
3. Second Reading of Ordinance No. 041, 2017, Establishing Rental Rates and Delivery Charges
for Use of the City's Raw Water for 2017. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 7, 2017, approves rates and
charges for the rental and delivery of Utilities' raw water supplies for 2017. These rates are used to
invoice agricultural, contractual, and other raw water users. Similar to the past two years, the rates
and charges for water from ditch and reservoir companies and the Colorado -Big Thompson Water
Project are calculated using formulas that are based on the cost to the Water Utility. These rates
and charges are generally slightly higher than last year due to increased annual assessments and
other related.fees imposed by the companies and the Northern Colorado Water Conservancy
District. The rates and charges for the City's reusable and other "fully consumable" supplies are the
same as last year.
4. Second Reading of Ordinance No. 046, 2017, Appropriating Prior Year Reserves in the Keep
Fort Collins Great Fund for the Police Campus West Substation Build -out. (Adopted)
This Ordinance unanimously adopted on Frist Reading on March 7, 2017, appropriating funding for
the Campus West Substation build -out from the KFCG Police Reserves account. Funding for
ongoing lease payments and associated O&M expenses was approved in the 2017-2018 budget;
however, at inception it was anticipated that market timing would dictate that a lease would be
signed before the end of the 2016 fiscal year, with lease payments beginning in 2017 and initial
build -out costs paid in 2016 via off -cycle funding. The costs for initial build -out of the substation
include demolition/renovation, IT infrastructure, electrical work, furnishing, etc. Delays during the
budget process and higher than anticipated build estimates did not allow this money to be
appropriated in 2016, as a lease agreement was not yet reached. An agreement has been finalized
in principle for build -out costs, requiring an appropriation of $218,750 from the KFCG Police
Reserves account.
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5. First Reading of Ordinance No. 047, 2017, Appropriating Funds Related to Additional 2017
Budget Transfers to Meet Fund Accounting Requirements. (Adopted)
The purpose of this item is to authorize additional appropriations for 2017 budget transfers required
to authorize moving the source of funding to the funds where the appropriations for the 2017 Budget
were actually approved. This action has no impact on service delivery of the programs and services
funded in the 2017 Budget and there are no funding shortfalls. Rather, this appropriation moves
funding from the fund where the Offer was funded to the fund where the actual expenses will occur.
6. First Reading of Ordinance No. 039, 2017, Appropriating Prior Year Reserves in the
Transportation Fund for Regional Contribution to Larimer County for North 1-25
Improvements. (Adopted)
VA
The purpose of this item is to appropriate Transportation Reserve funds in the amount of $445,947,
to be remitted to Larimer County as part of an annual regional contribution of local matching funds
for the Colorado Department' of Transportation's (CDOT) North 1-25 Improvements Project. With
Resolution 2016-077, adopted on October 4, 2016, Council authorized the Mayor to enter into an
intergovernmental agreement (IGA) with Larimer County and participating local agencies, including
the City, to contribute local matching funds for this purpose. This is the first of five annual
installments of these payments to Larimer County under the IGA. Local matching fund commitments
accelerate the improvements to 1-25 in Northern Colorado.
(Adopted)
The purpose of this item is to enter into an intergovernmental agreement/contract with CDOT to remit
$2.25 million in budgeted City funds ($1.125M each year 2017-18), for the purpose of providing local
matching funds for the North 1-25 Improvements project. Local match funding contributions from Fort
Collins and other regional agencies allow the 1-25 improvements to be accelerated by as many as
fifteen years. Funds were identified and appropriated as part of the 2017-2018 Budget.
8. Items Relating to the Riverside Bridge Replacement. (Adopted)
A. First Reading of Ordinance No. 048, 2017, Appropriating Unanticipated Grant Revenue from the
Colorado Off -System Bridge Program in the Capital Projects Fund for the Riverside Avenue
Bridge Replacement Project.
B. Resolution 2017-032 Authorizing the Execution of an Intergovernmental Agreement (IGA)
between the City and the Colorado Department of Transportation (CDOT) for replacement of the
Riverside Avenue Bridge.
The purpose of this item is to appropriate unanticipated grant funds in the Capital Projects Fund for
the replacement of the Riverside Avenue Bridge because it is progressing towards deterioration and
does not have the desired load carrying capacity. Additionally, this item authorizes the Mayor to
execute an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation
(CDOT) related to the grant funds.
The City of Fort Collins Engineering Department has applied for, and was awarded, a grant from the
federally funded Colorado Off -System Bridge Program in the amount of $1,156,000. The IGA
between the City and CDOT is for the replacement of the Riverside Avenue Bridge over Spring
Creek.
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9. Items Relating to the Horsetooth Road and College Avenue Intersection. (Adopted)
A. Resolution 2017-027 Authorizing the Execution of an Intergovernmental Agreement Between the
City and the Colorado Department of Transportation for the Horsetooth Road and College
Avenue Intersection Improvements Project.
- B. First Reading of Ordinance No. 040, 2017, Appropriating Unanticipated Grant Revenue From the
North Front Range Metropolitan Planning Organization and the Colorado Department of
Transportation in the Capital Projects Fund for the Horsetooth Road and College Avenue
Intersection Improvements Project.
The purpose of this item is to authorize the Mayor to sign an intergovernmental agreement to receive
grant funds (IGA), and to appropriate funds for the design, right-of-way acquisition, and construction
of the Horsetooth Road and College Avenue Intersection Improvements Project. The City was
approved for two federally funded grants, one through the North Front Range Metropolitan Planning
Organization ("NFRMPO"), category Surface Transportation Program (STP-Metro), for operational
and safety improvements; and the second a Highway Safety Improvement Program (HSIP) grant
awarded through the Colorado Department of Transportation (CDOT). The grant applications were
based on the addition of northbound and southbound dual left turn lanes. Single left turn lanes
currently exist for northbound and southbound traffic. Additionally, the project may include right turn '
pockets, multi -modal improvements, median and landscaping improvements, and pavement
improvements.
10. First Reading of Ordinance No. 052, 2017, Amending Chapter 19 of the Code of the City of
for Monetary Damages for the Benefit of Third Parties. (Adopted)
The purpose of this item is to adopt for Municipal Court the Colorado Rules of Civil Procedure to be
used to govern the procedures for civil actions filed in Municipal Court that do not arise from
violations of the City Charter or Code.
11. First Reading of Ordinance No. 050, 2017, Amending Section 23-116 of the Code of the City of
Fort Collins Regarding Permits and Licenses to Enter on Real Property. (Adopted)
The purpose of this item is to amend Section 23-116 of the City Code to authorize the City Manager
to grant a permit or license for the use or occupation of any real property owned in the name of the
City for a period of up to five years. The existing language in the City Code specifies.that the City
Manager may grant a permit or license for a period of up to one year.
12. Items Relating to the Resolution of Issues Concerning Josh Ames Water Certificates.
(Adopted)
A. Resolution 2017-028 Authorizing the City Manager to Execute Agreements with the Holders of
Water Certificates Issued Pursuant to an Agreement Dated May 10, 1971.
B. First Reading of Ordinance No. 042, 2017, Amending Chapter 26 of the Code of the City of Fort
Collins to Clarify the Acceptance of Water Certificates Issued Pursuant to an Agreement Dated
May 10, 1971, to Meet Raw Water Requirements.
The purpose of this item is to comprehensively address issues concerning water certificates the City
issued under a May 10, 1971, agreement with The Josh Ames Ditch Company (Josh Ames
Certificates), which have and will otherwise continue to raise disputes with the holders of such
certificates. As set forth in, this item, these issues and disputes are to be addressed through two
related proposals. The first proposal is a resolution authorizing the City Manager to enter into
agreements with the holders of Josh Ames Certificates in order to treat those certificates as being
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March 21, 2017
equivalent to three acre-foot rights per Josh Ames Certificate. The second proposal is an ordinance
amending certain sections of Chapter 26 of the City Code to clarify how Josh Ames Certificates are
used to meet the City Code raw water requirements for treated water service.
13. Resolution 2017-032 Approving an Agreement Between the City of Fort Collins and the
Community Foundation of Northern Colorado Concerning the Creation of the City of Fort
Collins Foundation Fund. (Adopted)
The purpose of this item 'is to consider a resolution that would approve an agreement with
Community Foundation of Northern Colorado for the creation of a City of Fort Collins Foundation
Fund to be held and administered by the Community Foundation of Northern Colorado.
14. Resolution 2017-034 Authorizing an Intergovernmental Agreement Between the Cities of Fort
Collins, Loveland, and Greeley for the Exchange of Judicial Services, and Appointing
Temporary Judges. (Adopted)
The purpose of this item is to authorize an Intergovernmental Agreement (IGA) with the Cities of
Loveland and Greeley for judicial services to be used in the event that a conflict of interest or other
circumstance prevents the Municipal Judge and'temporary judge from hearing a particular Municipal
Court case. This agreement is intended to replace an existing 1994 IGA between the same cities.
• END CONSENT
• COUNCILMEMBER.REPORTS
Councilmember Overbeck reported on attending the Islamic Center open house and panel
discussion. He also reported on the Poudre Heritage Alliance Board's new website.
Mayor Troxell reported on the National League of Cities meeting.
Mayor Pro Tern Horak reported on a meeting with Senator Gardner at the National League of
Cities.
Councilmember Martinez reported on the National League of Cities Public Safety and Crime
Prevention meeting.
• DISCUSSION ITEMS
15. First Reading of Ordinance No. 049, 2017, Amending Chapter 7.5 and 8 of the Code of the City
of Fort Collins for Phased Increases of the Capital Expansion Fees. (Postponed to May 2,
2017)
The purpose of this item is to adopt fee recommendations for increased capital expansion fees on a
phased timeline determined by City Council. In early 2016, staff initiated comprehensive reviews of
the Capital Improvement Expansion Fees, Transportation Capital Expansion (Street Oversizing)
Fees and Electric Capacity Fees. In late 2016, staff conducted a thorough inventory of all fees
across the City in order to better coordinate presentation of the holistic impact of fee
recommendations to the community. Staff worked to integrate the messaging of these efforts to the
community and to Council to illustrate the entire fee impact, as well as how Fort Collins compares to
neighboring cities' impact fees.
Phased increases in the Capital Expansion Fees, which include the Fire Protection, Police, General
Government, Community Parkland and Neighborhood Parkland Capital Expansion Fees, are being
presented to Council for adoption on First Reading. Due to additional time needed to address the
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March 21, 2017
phasing of the Electric Capacity Fees and Transportation Capital Expansion Fees, the issue of their
phasing will be presented to Council at the April25, 2017 Work Session.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mike Beckstead, Chief Financial Officer, stated the methodology for calculating these fees has
not changed. The current cost of existing City assets divided by population or equivalent
dwelling units provides the basis for the fees.
Tiana Smith, Revenue and Project Manager, stated impact fees exist to charge development for
the impact of the growth experienced in the community. Both asset values and population have
increased leading to fee increases. These fees put Fort Collins in the middle of the range of fees
compared to neighboring communities. Smith discussed the public) and board and commission
outreach and stated concerns related to affordable housing were prevalent.
Ann Hutchison, Fort Collins Chamber of Commerce, discussed concerns with increased capital
expansion fees and encouraged Council to delay action in order to consider the entire package of
fees at one time.
Adam Eggleston encouraged additional citizen outreach and expressed concern the increased
fees would further widen the gap between supply and demand in the housing market.
Joe Rowan encouraged Council to delay action in order to consider the entire package of fees at
one time.
Clint Skutchan, Fort Collins Chamber of Commerce, encouraged Council to delay action in order
to consider the entire package of fees at one time. He expressed concern regarding splitting the
readings of the Ordinance between two Councils.
Councilmember Cunniff asked about fees compared to median home prices in neighboring
communities. Beckstead replied by showing a chart with that data.
Councilmember Martinez asked if these fees will affect projects with an already approved PDP.
Smith replied fees are not collected at that point in the process. Ted Shepard, Chief Planner,
replied the average turn -around time in development review varies with project complexity.
Building permit fees are collected at the time of building permit issuance, which is after the PDP
process has been completed and after the final plan and development agreement have been
recorded.
City Manager Atteberry noted a consultant has been hired to review the development review
process and improve its efficiency.
Councilmember Martinez made a motion, seconded by Mayor Troxell, to postpone the item to
May 2, 2011, after the new Council is seated.
Councilmember Cunniff stated he would not support the motion, although he agreed keeping the
effective dates the same does help. He stated he does not have an issue with two different
Councils hearing the item.
Councilmembers and staff held a discussion regarding future changes to fee adjustments.
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March 21, 2017
RESULT:
FIRST READING OF ORDINANCE NO. 049, 2017, "POSTPONED TO MAY 21
2017 [5 TO 21 "
MOVER:
Ray Martinez, District 2
SECONDER:
Wade Troxell, Mayor
AYES:
Martinez, Stephens, Troxell, Horak
NAYS:
Overbeck, Cunniff:
.RECUSED:
Campana
16. Second Reading of Ordinance No. 038, 2017, Appropriating Prior Year Reserves in the
Neighborhood Parkland Fund for Neighborhood Park Site Development and Transferring
Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places
Program. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on March 7, 2017 (Campana recused)
appropriates Neighborhood Parkland Funds for the 2017-2018 budget cycle. This appropriation will
complete the neighborhood park offer, providing funding in the New. Park Site Development
business unit for Sidehill Park and other neighborhood park projects.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No..038, 2017, on Second Reading.
RESULT: ORDINANCE NO. 038, 2017, ADOPTED ON SECOND READING [UNANIMOUS].
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens; Overbeck, Troxell, Cunniff;.Wrak
RECUSED: Campana
17. Second Reading of Ordinance No. 043, 2017, Amending Article III of Chapter 17 of the Code of
the City of Fort Collins by Adding a New Section 17-46 Regulating Use of Public Facilities on
Sidewalks, Plazas, Public Restrooms and Transit Facilities. (Adopted on Second Reading)
This Ordinance was adopted on First Reading, with amendments, on March 7, 2017, by a vote of 6-1
(Nays: Overbeck). The Ordinance provides a set of regulations for shared public spaces in the
pedestrian -friendly downtown area. The amendments (1) removed the prohibition on sitting,
kneeling or lying on sidewalks or plazas in the downtown area; (2) removed the prohibition on
placing attended personal property on sidewalks and plazas or public fixtures in the downtown area,
or in or around public restrooms and transit facilities; and (3) modified the direction to the City
Manager to report back to the City Council in a year on the impacts of the Ordinance.
Between First Reading and Second Reading City Attorney's Office staff has made additional edits,
shown in highlighting and strike -out, to do the following:
• Remove additional language that was no longer needed because of the First Reading
amendments, and adjust section numbering accordingly;
• Add an exception to the prohibition on sitting in areas not designed for sitting at a transit facility if
enough seating is not available;
• Add `locker" to the list of examples of fixtures where it is permissible to leave personal property
unattended; and
• Minor rearrangement of exceptions in subsections (f) and (g).
Jeff,Mihelich, Deputy City Manager, discussed the extensive public engagement process for this
item. He reviewed the comments and amendments made at First Reading. Regarding the
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March 21, 2017
interpretation of the likely penalties for potential violations, Mihelich noted the maximum fine is
assessed extremely rarely and jail time is only assessed in the case of multiple charges or a
significant criminal record. Staff believes a special agency session is the best possible outcome
for violations as opposed to fines or jail time.
Shane Sheridan discussed the need for locker space and opposed the Ordinance.
Steve Raimer stated his church has been contacted by staff regarding the placement of lockers at
that property. He stated there are many community -based agencies that would likely be willing
to work on a solution for storage space for personal property. He suggested making those efforts
for a year prior to adopting any type of ordinance.
Jason Barrett stated the business community appreciated the passing of the Ordinance on. First
Reading; however, he opposed the elimination of the sitting, kneeling and lying portion of the
Ordinance.
Nicholas Mouton asked how the unattended property aspect of this Ordinance will be enforced.
Jim Hewitt thanked Council for taking a step toward improving the use of public space
Downtown; however, he expressed concern the heart of the Ordinance was removed.
Lynn Thompson, Fort Collins Homeless Coalition opposed passage of the Ordinance on Second
Reading.
Amy Satterfield expressed disappointment the prohibition of lying on sidewalks was removed
from the Ordinance.
Terese Howard discussed the lawsuit being faced by Denver regarding property seizure.
Mike Pruznick discussed the smoking ban and enforcement fairness.
Jeremy Woodard, Fort Collins Homeless Coalition, opposed the proposed penalties and ,
expressed concern about confiscating personal property and unequal enforcement.
Holly Sample expressed appreciation for the changes made at First Reading but expressed
concern regarding the unattended property component.
Barb Wilkins expressed appreciation for the changes made at First Reading but stated sidewalks
should remain clear of obstacles for all citizens.
Dwight Hall stated the appropriate use of public spaces is not a complex issue and requested
Council adopt the Ordinance with paragraph B added back in.
Bob Criswell discussed sidewalk obstruction in Old Town and requested that Council adopt the
Ordinance with paragraph B added back in.
Kwon Atlas questioned whether an obstruction exists if no one needs to pass through a certain
area of the sidewalk. He stated the homeless community needs solutions.
Steve Hartman asked if a ban will also be placed on sandwich boards and other sidewalk
obstructions.
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Charlie Meserlian opposed providing lockers for homeless individuals.
Cheryl Distaso, Fort Collins Community Action Network, expressed concern regarding the
definition of unattended property and the proposed fines. She urged Council to oppose the
Ordinance. I
Ryan Houdek commended the City for its compassion and urged Council to adopt the Ordinance.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
Councilmember Stephens asked if the Ordinance contains language relating to how long property
can be unattended without triggering a penalty. Mihelich replied a more detailed definition
could be added to the Ordinance.
Councilmember Cunniff expressed concern about right-of-way obstruction and questioned the
definition of unreasonably inconvenient.
Councilmembers�had a discussion regarding replacing the "lie" ban language.
Councilmember Campana proposed reinserting Section B with the inclusion of language such as
"unless there are not enough fixtures designed for sitting available."
Councilmember Cunniff suggested directing ,staff to return with an option that addresses the
existing obstruction Ordinance in a way that would be enforceable and lead to better right of way
usage.
Councilmember Stephens opposed replacing Section B and agreed with moving forward as
suggested by Councilmember Cunniff.
Councilmember Overbeck opposed replacing Section B.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 043, 2017, on Second Reading.
Councilmember Martinez asked if updates could be provided quarterly. Mihelich replied in the
affirmative.
Mayor Troxell questioned how right-of-way obstruction can be measured without the inclusion
of Section B.
Councilmember Campana discussed his desire for creating the best possible legislation that is
defensible. He stated existing laws may need to be better enforced.
Councilmember Overbeck opposed any type of jail time punishment.
Councilmember Cunniff stated he would prefer to get ongoing reports regarding sentencing and
stated this Ordinance will aid in providing equitable shared use of downtown spaces.
Councilmember Martinez stated this Ordinance is not related to homeless citizens and he will
support the Ordinance, but requested monthly reporting.
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March 21, 2017
Councilmember Stephens discussed the benefits of Special Agency Sessions which aim to get
people the help they need.
Councilmember Overbeck stated his opposition to including jail time punishment.
Mayor Troxell stated he would support the motion; however, he preferred to have the obstruction
portion included.
Councilmember Overbeck stated this issue deserves a more broad discussion and dialogue.
RESULT:
ORDINANCE NO. 043, 2017, ADOPTED ON SECOND READING [6 TO 1]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5 'Y
AYES:
p
Martinez, Stephens', Campana; Trokell .Cunniff, Horak
NAYS:
Overbeck
18. Items Relating to Short Term Rental Land Use Code and City Code Ordinances. (Adopted as
Amended on Second Reading)
A. Second Reading of Ordinance No. 044, 2017, Amending the City of Fort Collins Land Use Code
Regarding Short Term Rentals.
B. Second Reading of Ordinance No. 045, 2017, Amending Chapter 15 of the Code of the City of
Fort Collins to Add Short Term Rental Licensing Regulations.
These Ordinances, unanimously adopted on March 7, 2017, bring forward a licensing structure and
the associated Land Use Code (LUC) changes to'regulate short term rental (STR) activity in the City
of Fort Collins. '
Included in the Ordinance on Second Reading are changes for clarity to the grandfathering
provisions. The amendments required to Ordinance No. 045 (City Code) should Council choose to
consider removing inspections and replacing with self -certification are attached as an exhibit to this
AIS.
Ginny Sawyer, Policy and Project Manager, reviewed the proposed Ordinances and discussed the
adopted zoning regulations. Sawyer also discussed the licensing provision and associated fees
and noted Council will have the option to adopt a self -certifying criterion.
Eric Sutherland questioned why this action is not considered a taking given vested rights.
Jim Janty, Neighborhood Action Coalition, asked how neighborhoods can be made stronger,
opposed self -certification, and noted there ,is no requirement for a publicly -listed contact for
short-term rentals.
Eric Tamme expressed concern regarding the grandfathering of non -conforming uses.
Adam Eggleston questioned how many complaints have been received regarding short-term
rentals and supported starting with licensuie and reviewing after a certain amount of time.
Chris (indiscernible last name) expressed concern regarding the proposed four-hour response
time and suggested a maximum response time of one hour with all contact information made
public.
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March 21, 2017
Mike Pruznick discussed good neighbors and opposed heavy-handed regulations.
Paul Patterson requested Council support the position outlined by the Neighborhood Action
Coalition.
Whitney Crenshaw stated the current course is too aggressive, particularly relating to zoning.
Kathryn Dubiel spoke on behalf of Elizabeth Derbyshire and discussed non -conforming uses.
Mike Knowles discussed the necessary process for making changes to a property and questioned
the definition of non -conforming use.
Sue Ballou supported short-term rentals and discussed changes in the city.
Jen Petrick stated primary short-term rentals should be allowed in all zones and non -primary
short-term rentals should be allowed in NCB zones. She encouraged reasonable regulations and
stated the proposed are over -reaching.
Maggie Dennis, Neighborhood Action Coalition, expressed concern regarding grandfathering
and self -certification.
Paul Anderson supported the direction of the regulations and opposed grandfathering.
Dara Rose stated short-term rentals are self-regulating and opposed the amount of the license
fees.
Josh Chauncey stated this is legislation of good, neighborly behavior and supported short-term
rentals.
Michelle Haefele stated this use is a violation of the Land Use Code and urged Council to pass
the original Ordinance without changes. She requested the inclusion of publicly -available
contact information.
Lisa Eaton stated primary short-term rentals should be allowed in all zones.
Pete Grant urged Council to reconsider the restrictions on primary short-term rentals.
Diana Clements supported grandfathering of short-term rentals.
Jim Wurz stated the short-term rental use was prohibited by the _Land Use Code and opposed
grandfathering without a sunset period.
Councilmember Cunniff asked if it would be possible for the City Attorney to craft a public
memo regarding the analysis of the grandfathering and non -conforming use issues if directed by
Council. City Attorney Daggett replied she could draft a memo and Council could opt to waive
attorney -client privilege and release it.
Councilmember Cunniff expressed concern this use has been allowed to continue without being
specifically permitted in the Land Use Code. He noted all properties, regardless of their use are
subject to nuisance provisions. Sawyer replied'all properties fall under the public nuisance
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March 21, 2017
ordinance and short-term rental properties which repeatedly violate the ordinance would fall
under the same requirements as any property for the owner to remediate the situation. A fine
structure leading up to ultimately placing a lien on the property are potential penalties.
Councilmember Cunniff asked about requiring owner names to be public. Sawyer replied that is
not required for long-term rentals or businesses. ° '
Councilmember Campana made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 044, 2017, on Second Reading. ,
Councilmember Campana commended staff work on this item.
Mayor Pro Tem Horak discussed ensuring taxes are being paid for short-term rentals.
Councilmember Martinez expressed concern regarding collecting back taxes if operators have
been discovered to have not paid them over the past three years. City Manager Atteberry noted
there are efforts made for voluntary compliance prior to any type of forced payment. The City
has over 95% voluntary compliance on code enforcement issues. Smith noted each case is
addressed individually and payment plans. can be put into place.
City Manager Atteberry stated he will provide a memo regarding tax collection policies.
Mayor Pro Tem Horak stated any grandfathered properties should be required to pay back taxes.
RESULT: ORDINANCE NO. 044, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Campana, Overbeck, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 045, 2017, on Second Reading.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to amend Section
15-632 to allow self -certification.
City Attorney Daggett outlined the necessary language changes for such an amendment.
Mayor Pro Tem Horak discussed his reasoning for allowing self -certification.
Councilmember Martinez asked what grounds would exist for staff to opt to do an inspection.
Sawyer replied a lack of necessary building permits could be a reason for inspection.
Councilmember Cunniff asked if photos of items such as smoke detectors and egress windows
would be required as part of the self -certification. Sawyer replied that has not been considered at
this point; however, operators must certify compliance with a list of requirements and should
they be found to not meet those requirements, that is grounds to not issue and/or revoke a
license.
The vote on the motion to amend was as follows: Yeas: Martinez, Stephens, Campana, Cunniff,
Horak, Troxell and Overbeck. Nays: None.
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March 21, 2017
THE MOTION CARRIED.
Councilmember Cunniff stated he would have preferred Council to have more policy tools to
restrict what was not an allowable use; however, he does not want to lose the existing progress.
RESULT:. ORDINANCE NO. 045, 2017, ADOPTED AS AMENDED ON SECOND READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Campana, Overbeck, Troxell, Cunniff, Horak
• Motion to Extend the Meeting past 10:30 PM
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to extend the
meeting past 10:30 PM to consider the next two agenda items plus .any other business to come
before Council.
RESULT:
ADOPTED [6 TO 1] '
MOVER:.
Ross Cunniff, District 5
SECONDER:
Bob Overbeck, District V.
AYES:
Stephens, Campana, Overbeck, Troxell; Cunniff; Hoak
NAYS:
Martinez
19. Resolution 2017-033 Adopting the Downtown Plan as an Element of the Comprehensive Plan
(City Plan) and Repealing the 1989 Downtown Plan. (Adopted)
The purpose of this item is to adopt the Downtown Plan. As an element of City Plan, the Plan
represents a subarea of the community that provides a more specific vision, policy direction and
implementation strategies. The Downtown Plan document includes a summary of community
engagement, important issues and opportunities to be addressed, a long-range vision, and
principles, policies, -and implementation strategies to enact the vision.
Cameron Gloss, Planning Manager, discussed the new Downtown Plan and stated it will guide
the evolution of the downtown area over the next 20 years in terms of policy, regulations,
programs, capital projects, funding options, and future character. This Plan will change the
downtown boundary to be consistent with that of the Downtown Development Authority. Gloss
discussed the public outreach process as being exhaustive and involving many techniques. He
outlined the document itself and detailed various implementation aspects.
Eric Sutherland stated improvements to the downtown area need to be funded in some way other
than with property tax attributable to levies from the Poudre School District.
Mike Pruznick questioned the use of public funds for this project. He expressed disappointment
in the innovation aspects of the Plan.
Matt Robenalt, Downtown Development Authority, noted the DDA Board has unanimously
approved a Resolution recommending adoption of the Downtown Plan. He commended staff
work on the Plan.
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March 21, 2017
Councilmember Cunniff requested staff input regarding boards and commissions comments
relating to a more aggressive implementation of long-term economically viable solutions to
parking, the potential impact of the new stadium on spill -over transportation and parking issues,
handicapped accessibility along College Avenue, and the need for more attention on social
issues. Gloss replied the Plan reflects clear direction from the Parking Advisory Board and
Council regarding parking management. The Plan also contains a thread of attention to social
issues throughout the Plan. Transportation staff members were not convinced of a substantial
impact on the downtown,area specifically related to the new stadium.
Councilmember Overbeck asked about fixing gray field sites in the area. Gloss replied federal
funding has been received and clean-up efforts will continue.
Councilmember Overbeck asked about historic buildings in the Plan. Gloss replied a request for
proposal is out now for consulting services to assist the Historic Preservation program regarding
the definitions of adjacency and compatibility.
Councilmember Stephens requested input regarding housing affordability. Gloss replied a
commitment has been made to audit and monitor downtown housing; however, there are no
existing metrics for a strategy at this point. The overall issue of affordable housing will be
further discussed as part of the upcoming City Plan process.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2017-033.
Councilmembers commended staff work on the Plan.
RESULT:
RESOLUTION 2017-033 ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Campana,'Overbeck, Troxell, Cunniff, Horak
20. First Reading of Ordinance No. 051, 2017, Appropriating Prior Year Reserves in the General
Fund to Support the Idea 2 Product 3D Printing Community Center. (Adopted on First
Reading)
The purpose of this item is to present City Council with an Ordinance appropriating General Fund
Reserves to support the relocation of the Idea 2 Product (`12P') laboratory and develop a 3D Printing
Community Center. The City through the proposed appropriation will pledge $150,000 to support the
relocation and construction of the 3D Printing Community Center within the Fort Collins community.
The funds will be pledged contingent upon the ability of 12P, the operator of the 3D Printing
Community Center, to raise a total (including the City's pledge) of $3.0 million from private sources,
other communities, and grants. The pledge will terminate at the end of 2017 unless 12P has
successfully raised funds and may be renewed at City Council's option in future years.
Mayor Troxell withdrew from the discussion of this item due to a conflict of interest.
Josh Birks, Economic Health and Redevelopment Director, stated the objective of this funding is
to move the 3D printing facility off -campus to create greater access to the public.
Eric Sutherland stated the Charter prohibits this type of funding, as it is a form of gifting.
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March 21, 2017
Mike Pruznick questioned why a CSU program is receiving public funding and stated the dollars
would be better spent on social programs.
Councilmember Martinez asked if this is a Charter violation. City Attorney Daggett replied the
expenditure is furthering a legitimate municipal purpose and involves an agreement governing
,the use of the funds; therefore, the Charter does not prohibit the expenditure.
Councilmember Martinez made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 051,'2017, on First Reading.
Councilmember Cunniff asked if subsidies for materials have been considered. Birks replied the
industry cluster grant helps to offset the operational costs of the lab and a supply closet of basic
materials is provided for users.
Councilmember Cunniff expressed concern regarding the February sales tax shortfall. City
Manager Atteberry replied returns were lower than projected for sales tax; however, use tax was
higher than projected and a reserve fund exists. March tax numbers will be available prior to
Second Reading of the Ordinance.
Councilmember Stephens asked if this funding will be needed continuously. Birks replied the $3
million target for the lab covers its capital costs and runway to self-sufficiency for operation.
Councilmember Stephens asked if other communities have this type of lab. Birks replied it is
based on a business model that has been proven to work in other areas in support of the
entrepreneurial community.
Councilmember Stephens asked if the new facility will be .accessible by transit. Birks replied
that is a prime consideration.
Councilmember Stephens asked about youth use of the facility. Dr. David Prawel, Idea 2
Product, replied the key to this model is corporate participation. He discussed the vision of the
program to serve the entire community, including students.
RESULT
ORDINANCE NO. 051, 2017, ADOPTED.ON FIRST READING [6 TO 0 ,.
MOVER:
Ray Martinez, Disiri+ci 2'
SECONDER-.
Gino Campana; District 3 . ;
AYES:
Martinez, Stephens, Campana, Overbeck, Cunniff, Horak
RECUSED:
Troxell
• ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn to
6:00 PM on March 28, 2017 to consider the items withdrawn from the Consent Agenda, a
possible Executive Session, and such other matters as may come before the Council.
City of Fort Collins Page 306
March 21, 2017
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Campana, Overbeck, Troxell, Cunniff, Horak
The meeting adjourned at 11:53 PM.
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City of Fort Collins Page 307