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AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the February 21, 2017 Regular Council Meeting and the
February 28, 2017 Special Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the February 21, 2017 Regular Council meeting and
the February 28, 2017 Special Council meeting.
ATTACHMENTS
1. February 21, 2017 (PDF)
2. February 28, 2017 (PDF)
City of Fort Collins Page 253
February 21, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry noted the Resolutions for Item No. 20, Items Relating to the Old Towns
Neighborhood Plan, have been amended to state the Planning and Zoning Board recommends
adoption of the Plan and the Design Guidelines.
CITIZEN PARTICIPATION
Mike Pruznick discussed board and commission appointments and stated Council should have
identified the accident regarding a citizen slipping on ice as still an ongoing investigation. He
questioned the Prospect and College intersection design.
Merie Delffs opposed the proposed ordinance relating to appropriate use of public spaces.
Shane Sheridan opposed proposed ordinance relating to appropriate use of public spaces.
Lisa Eaton stated she is a short-term rental landlord and argued the duration of stay does not
change the use from residential.
Sharon Overacker opposed regulations on short-term rentals.
Fran Levine opposed the proposed ordinance relating to appropriate use of public spaces.
Laura Jacobsen opposed regulations on short-term rentals and stated managing them is very
similar to managing long-term rentals.
Paul Patterson suggested revisions to the short-term rental ordinance.
Brad Clements opposed regulations on short-term rentals.
Jen Petrik supported the proposed ordinance relating to appropriate use of public spaces and
opposed regulations on short-term rentals.
Steve Raimer opposed the proposed ordinance relating to appropriate use of public spaces.
Nicholas (no last name given) opposed the proposed ordinance relating to appropriate use of
public spaces.
Lloyd Crumb opposed regulations on short-term rentals.
February 21, 2017
City of Fort Collins Page 254
Raisa Slutsky-Moore opposed the proposed ordinance relating to appropriate use of public
spaces.
Kathryn Dubiel discussed the intention of the short-term rental regulations.
Sidna Rachid opposed the proposed ordinance relating to appropriate use of public spaces.
Lynn Thompson, Fort Collins Homeless Coalition, opposed the proposed ordinance relating to
appropriate use of public spaces as being punitive and noted there are no low-income storage
lockers in Fort Collins that are available 24/7.
Dolores Williams supported regulations on short-term rentals.
Marie O’Connell opposed the proposed ordinance relating to appropriate use of public spaces.
Zach Heath opposed the proposed ordinance relating to appropriate use of public spaces.
Gerry Vermont started reading a letter from the ACLU to Council regarding the proposed
appropriate use of public space ordinance and its criminalization of homelessness.
Michelle Haefele opposed the permanent grandfathering of short-term rentals.
Ian Johnston, Fort Collins for Progress, continued reading a letter from the ACLU to Council
regarding the proposed appropriate use of public space ordinance and its criminalization of
homelessness.
Carlos Scott opposed regulations on short-term rentals.
Holly Michaelson, Fort Collins for Progress, opposed the proposed ordinance relating to
appropriate use of public spaces.
Jessica Hazlett opposed the proposed ordinance relating to appropriate use of public spaces.
Chris Jacobsen opposed regulations on short-term rentals.
Alexa Sample opposed the proposed ordinance relating to appropriate use of public spaces.
Forrest Carlson opposed the proposed ordinance relating to appropriate use of public spaces.
Margaret Mitchell opposed the grandfathering clause in the proposed short-term rental
regulations and opposed the proposed ordinance relating to appropriate use of public spaces.
Mark McFann opposed regulations on short-term rentals.
Michael (no last name given) opposed the proposed ordinance relating to appropriate use of
public spaces and encouraged additional investment in affordable housing.
Courtney Cluett-Suarez stated she owns a cleaning business which cleans short-term rentals and
discussed the need for short-term rentals in the community, stating the properties are often in
better condition than those rented as long-term rentals.
February 21, 2017
City of Fort Collins Page 255
Sarah (no last name given) opposed the proposed ordinance relating to appropriate use of public
spaces.
BJ (no last name given) stated she cleans short-term rentals exclusively and that is her sole
source of income. The properties are often in better condition than those rented as long-term
rentals.
Juliana Cullen opposed the proposed ordinance relating to appropriate use of public spaces.
Graham Tuttle opposed the proposed ordinance relating to appropriate use of public spaces.
Nevan Mandel opposed the proposed ordinance relating to appropriate use of public spaces as
they are discriminatory.
Alida Villatoro opposed the proposed ordinance relating to appropriate use of public spaces.
Cheryl Distaso, Homeless Coalition, opposed the proposed ordinance relating to appropriate use
of public spaces, citing discriminatory enforcement.
Monte Barry discussed being bit by a dog in Old Town and questioned whether a citation was
issued.
Kevin Harper showed images of a new 6-foot sidewalk on West Prospect, a quarter-mile from
his property, and questioned why he has been asked to provide land for a 10-foot sidewalk.
Cheryl Schaff opposed regulations on short-term rentals and discussed the benefits of such
rentals in Fort Collins. She stated police calls to long-term rentals far exceed those to short-term
rentals.
Holly Sample opposed the proposed ordinance relating to appropriate use of public spaces.
Jeff Jensen opposed regulations on short-term rentals.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez noted no decisions have been made regarding the proposed ordinance
relating to appropriate use of public spaces. He requested information regarding the
effectiveness of such ordinances. City Manager Atteberry replied that response will be provided
for Council and the public.
Councilmember Martinez requested information regarding the City’s efforts with respect to
homelessness. Jeff Mihelich, Deputy City Manager, discussed the new emergency weather
shelter plan and noted every person seeking shelter was provided with such during the last four
winter storms. He also discussed the new “safe place to rest” model which expands shelters
throughout the city during inclement weather and other projects such as Redtail Ponds.
Councilmember Martinez requested Mr. Barry receive follow-up regarding the dog bite he
received and again noted no decisions have been made regarding the appropriate use of public
space ordinance.
February 21, 2017
City of Fort Collins Page 256
Councilmember Campana discussed the progression of possible solutions regarding the
appropriate use of public space issue and noted it is a dynamic process for Council and the City.
Specifically, there was no Council support for limiting time spent on public benches; however,
there is support for resolving disruptive behavior.
Councilmember Overbeck requested Mr. Barry receive follow-up regarding the dog bite he
received. An open house will be held on February 23
rd
regarding the appropriate use of public
space and requested a follow-up memo regarding Mr. Harper’s comments.
Councilmember Cunniff supported additional locker space and housing such as Redtail Ponds.
He supported the need for additional jail space given significant aggressive behaviors for which
there is no appropriate remedy. Regarding short-term rentals, he stated the proposal would allow
a lodging-style use in several zones and grandfather the use in residential zones. The proposal
would advance the interest of making more housing stock available, in certain zones, for housing
uses.
Councilmember Stephens noted the City works with non-profits to ensure shelter and bed space;
however, it does not open and organize housing on its own. She noted multiple offenders of
some municipal laws currently have no consequences.
Mayor Troxell discussed community resources such as Neighbor to Neighbor and Homelessness
Prevention Initiative.
Councilmember Cunniff suggested enforcing the no-smoking ordinance more broadly in order to
address concerns regarding inequitable enforcement.
CONSENT CALENDAR
Eric Sutherland withdrew Item Nos. 10, First 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, and 12, First Reading of Ordinance No.
031, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning
Purposes the Property Included in the Mail Creek Crossing Second Annexation to the City of
Fort Collins, Colorado, and Approving Corresponding Changes to the Sign District Map, from
the Consent Agenda.
Allen Eckland withdrew Item No. 11, First Reading of Ordinance No. 030, 2017, Annexing
Property Known as the Mail Creek Crossing Second Annexation to the City of Fort Collins,
Colorado, 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: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
February 21, 2017
City of Fort Collins Page 257
1. Consideration and Approval of the Minutes of the January 31, 2017 Special Council Meeting
and the February 7, 2017 Regular Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the January 31, 2017 Special Council
meeting and the February 7, 2017 Regular Council meeting.
2. Second Reading of Ordinance No. 021, 2017, Amending Land Use Code Section 3.4.1, Natural
Habitats and Features. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 7, 2017, amends various Land
Use Code requirements related to the protection and mitigation of impacts to prairie dog colonies,
sensitive and specially valued species, and other natural habitats and features on development sites.
3. Second Reading of Ordinance No. 022, 2017, Authorizing the City Manager to Enter into a
Lease Agreement with the Landowners Association for Phantom Canyon Ranches for
Recreational Use of Halligan Reservoir and Certain Surrounding Lands. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 7, 2017 authorizes a lease
agreement between the City of Fort Collins and the Landowners Association for Phantom Canyon
Ranches (the Association) for recreational use of Halligan Reservoir and certain real property
adjacent to Halligan Reservoir owned by the City (Halligan Property). The Association has leased the
recreational rights to the Halligan Property for fishing, boating, and similar activities since 1988.
Historically, the North Poudre Irrigation Company (NPIC) leased the recreational rights for Halligan
Reservoir to the Association. Because the City now owns the Halligan Property, it has the right to
lease recreational use of it. The Lease Agreement would maintain historic leasing practices and will
benefit the City in various ways, such as gaining certain rights to access to the Reservoir using the
Association’s Meadow Creek Road, assisting in the monitoring and maintenance of the Halligan
Property, facilitating the ongoing federal permitting process for the enlargement of Halligan
Reservoir, and generating a revenue stream. The Lease Agreement provides for three ten-year
terms, but allows for early termination by the City, if the enlargement of Halligan Reservoir receives
authorization or if the City decides to no longer pursue the enlargement of Halligan Reservoir.
4. Second Reading of Ordinance No. 023, 2017, Annexing Property Known as the Rennat
Annexation to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 7, 2017, annexes 57.83 acres
located at 6015 South Timberline Road into the City of Fort Collins. The parcel became an enclave
with the annexation of the Hansen Farm Annexation on February 15, 2013. As of February 15, 2016,
the City was authorized to annex the enclave in accordance with State Statute 31-12-106. Staff is
recommending placement into the Residential Neighborhood Sign district. The Rennat Annexation is
situated between the Union Pacific Railroad/Southridge Golf Course to the west and South
Timberline Road to the east. A related item to zone the proposed annexation presented as the next
item on this Agenda.
5. Second Reading of Ordinance No. 024, 2017, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Rennat Annexation
to the City of Fort Collins, Colorado, and Approving Corresponding Amendments to the Sign
District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on February 7, 2017, zones the property
included in the Rennat Annexation into the Low Density Mixed-Use Neighborhood (LMN), Medium
Density Mixed-Use Neighborhood (MMN), and Neighborhood Commercial (NC) zone districts.
February 21, 2017
City of Fort Collins Page 258
6. Second Reading of Ordinance No. 025, 2017, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for That Certain Property Known as the
Gateway at Prospect Rezoning and Making Corresponding Changes to the Sign District Map.
(Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on February 7, 2017, amends the existing
zoning on a parcel of vacant land located at the northwest quadrant of I-25 and East Prospect Road.
The .43-acre site includes 12.40 acres of land currently zoned L-M-N, Low Density Mixed-Use
Neighborhood and 10.03 acres of land currently zoned E, Employment. The proposed rezoning
amends the zoning map for the entire site to M-M-N, Medium Density Mixed-Use Neighborhood
Zone District. A change was made to Section 4 of this Ordinance to correct a Land Use Code
section number.
7. First Reading of Ordinance No. 027, 2017, Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for Cultural Development and Programming
Activities, Tourism Programming, and Convention and Visitor Program Services. (Adopted)
The purpose of this item is to appropriate $355,985, of which $221,578 is proposed for 2017 Cultural
Development and Programming Activities (Fort Fund), $14,560 is proposed for 2017 Tourism
Programming (Fort Fund), and $119,847 is proposed for 2017 Convention and Visitors Program
activities, from a combination of Unanticipated Revenue (Lodging Tax) and Prior Year Reserves
(unspent appropriations) in the General Fund Lodging Tax Reserves.
Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and
Tourism programming activities. Anticipated revenue is projected through each Budgeting for
Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging
tax revenue collected in 2016 was $355,985 above projected collections.
8. First Reading of Ordinance No. 028, 2017, Amending the Fort Collins Traffic Code Restricting
Parking in Bicycle Lanes. (Adopted)
The purpose of this item is to amend sections of the Fort Collins Traffic Code to clarify regulations
relating to bike lanes. The amendment to Section 1013 clarifies that bicycle lanes can be identified
by signs or pavement markings and that parking in bike lanes is prohibited. The amendment to
Section 1204 includes bike lanes in the list of locations where parking is prohibited.
9. First Reading of Ordinance No. 029, 2017, Amending Chapter 15, Article XI of the Code of the
City of Fort Collins Related to the Regulation and Licensure of Dealers in Secondhand
Property. (Adopted)
The purpose of this item is to update and revise Article XI of Chapter 15 of the Fort Collins City
Code. Article XI addresses the regulation and licensure of dealers in secondhand property within the
City of Fort Collins. The proposed changes will update the outdated provisions to comply with current
state law, local practice and procedure, and fill in any gaps in the existing provisions. Such changes
include modifying the definition of a secondhand dealer to include a person who buys secondhand
property and eliminating the restriction on issuance or renewal of a license because of any felony by
the licensee, to be consistent with state law.
February 21, 2017
City of Fort Collins Page 259
10. First Reading of Ordnance No. 032, 2017, Annexing Property Known as the Lehman-
Timberline Annexation to the City of Fort Collins, Colorado. (Adopted)
The purpose of this item is to annex 5.684 acres, parcel located at 5830 South Timberline Road,
between Mail Creek Ditch and Bacon Elementary School. The initiating resolution was adopted on
January 17, 2017. A related item to zone the proposed annexation is presented as the next item on
this Agenda.
11. First Reading of Ordinance No. 033, 2017, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Lehman-Timberline
Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to
the Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
The purpose of this item is to place the property included in the Lehman-Timberline annexation into
the Low Density Mixed-Use Neighborhood (LMN), zone district.
12. First Reading of Ordinance No. 034, 2017, Expanding the Boundaries of the Fort Collins
Downtown Development Authority and Amending the Plan of Development of the Authority.
(Adopted)
The purpose of this item is to request an expansion of the boundaries of the Fort Collins Downtown
Development Authority (DDA) and amend the DDA’s Plan of Development to include the property at
221 East Oak Street and adjacent rights-of-way (ROW) on East Oak Street and Mathews Street.
The property is a commercially zoned vacant lot at the southwest corner of East Oak Street and
Mathews Street. The ROW is being added as a housekeeping step to more efficiently describe the
overall DDA boundary. There is no impact to the City from the inclusion of this ROW.
13. Resolution 2017-018 Authorizing the Assignment of the City's Private Activity Bond
Allocation for 2017 to Housing Catalyst to Finance the Rehabilitation of Affordable Housing
Units at The Village on Shields. (Adopted)
The purpose of this item is to assign the City's 2017 Private Activity Bond (PAB) allocation in the
amount of $8,046,750 to Housing Catalyst (HC) for the purpose of the rehabilitation of 285 units of
affordable housing located at the Village on Shields. Annually, the City receives a PAB allocation
from the State of Colorado. If the City does not use or assign this allocation, it is returned to the State
on September 15. Via this assignment, the City will not incur debt and this will not affect the City's
credit rating. There have not been any other requests to use the 2017 PAB allocation.
14. Resolution 2017-019 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.
15. Resolution 2017-020 Ratifying the Appointment of Valerie Arnold to the Poudre River Library
District Board of Trustees (Adopted)
The purpose of this item is to appoint Valerie Arnold to the Poudre River Library District Board of
Directors to fill a vacancy that will exist due to the March 2017 term expiration for Jennifer Birks.
February 21, 2017
City of Fort Collins Page 260
16. Resolution 2017-021 Making an Appointment to the Transportation Board of the City of Fort
Collins. (Adopted)
The purpose of this item is to appoint Karl Ayers to fill a vacancy that currently exists on the
Transportation Board due to the resignation of Tim Sutton.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff expressed concern regarding Item No. 16, Resolution 2017-018
Authorizing the Assignment of the City's Private Activity Bond Allocation for 2017 to Housing
Catalyst to Finance the Rehabilitation of Affordable Housing Units at The Village on Shields, in
terms of the process before the Housing Authority and the way the unit cost was determined.
Councilmember Overbeck expressed concern regarding the likely late timing of Council hearing
Item No. 23, Resolution 2017-025 Accepting Advisory Opinion and Recommendation No. 2017-
01 of the Ethics Review Board.
STAFF REPORTS
Mayan Smith, Publicity Marketing Technician, provided an overview of the City’s social media
use on various platforms. She discussed the types of information communicated including snow
removal, road closures, street sweeping, and neighborhood meetings.
Kate Kimble, Police Services, stated their goal in utilizing social media is to connect with the
community. Messages regarding missing persons or suspects can be amplified through social
media.
Madeline Noblett, Poudre Fire Authority, discussed the use of social media from the perspective
of Poudre Fire Authority.
Councilmembers Overbeck and Martinez thanked the social media staff members for their work.
COUNCILMEMBER REPORTS
Councilmember Stephens thanked the leaders of the Islamic Center of Fort Collins for hosting an
open house.
Mayor Pro Tem Horak reported on the Boxelder Basin Regional Stormwater Authority
mediation with property owners.
Councilmember Overbeck also thanked the leaders of the Islamic Center and discussed House
Bill 1102 regarding an exhibition of motor vehicle exhaust.
Councilmember Campana reported on the second Business Community Inclusion meeting.
February 21, 2017
City of Fort Collins Page 261
DISCUSSION ITEMS
17. Items Relating to the Old Town Neighborhoods Plan. (Adopted)
A. Resolution 2017-022 Adopting the Old Town Neighborhoods Plan as an Element of the
Comprehensive Plan (City Plan), and Repealing the 1986 East Side Neighborhood Plan, and the
1989 West Side Neighborhood Plan.
B. Resolution 2017-023 Adopting the Old Town Neighborhoods Design Guidelines, Representing
an Implementation Action of the Old Town Neighborhoods Plan.
C. First Reading of Ordinance No. 036, 2017, Repealing Ordinance No. 013, 1996, Regarding
Adoption of the Neighborhood Character Design Guidelines for the Eastside and Westside
Neighborhoods in Fort Collins.
The purpose of this item is to adopt the Old Town Neighborhoods Plan (Plan) and the Old Town
Neighborhoods Design Guidelines (Guidelines). The Old Town Neighborhoods Plan represents
a combined update of the original East Side and West Side Neighborhood Plans developed in the
1980s. The Old Town Neighborhoods generally encompass the predominantly residential
neighborhoods to the west and southeast of Downtown. The Plan provides a renewed vision and
policy guidance for the two neighborhoods, and incorporates details on programs, strategies, and
actions to support and implement the neighborhood vision. Extensive public engagement was
conducted over the course of the planning process beginning in 2015. The process involved
continuous feedback from residents in the neighborhoods, stakeholder groups, community
organizations, and City leadership.
The Old Town Neighborhoods Design Guidelines represent a follow-up implementation item from
both the 2013 Eastside Westside Character Study, and the Old Town Neighborhoods Plan. The
Guidelines provide illustrations, ideas, and guidance on compatible design for historic resources,
new construction, and home additions in the Neighborhood Conservation Low Density (NCL) and
Neighborhood Conservation Medium Density (NCM) zone districts of the Old Town Neighborhoods.
The application of the Design Guidelines is voluntary and advisory, not regulatory.
Pete Wray, City Planner, stated the Old Town Neighborhoods Plan represents a combined update
of the original Eastside and Westside Neighborhood Plans that were adopted in the 1980s. It
strives to address emerging issues, update the neighborhood vision, and provide new policy
guidance and implementation strategies. Wray discussed citizen participation efforts and
collaboration with the Downtown Plan outreach opportunities.
Wray highlighted the Plan’s goals for connectivity, compatibility of uses, supporting character
with design standards, and encouraging opportunities for accessory housing units where feasible.
The only implementation strategy being brought forward concurrent with the Plan at this time, is
the new neighborhood design guidelines, a voluntary document. Other recommendations are
ongoing and are recommended for additional outreach. The new voluntary guidelines are
designed to complement existing standards in the Land Use Code.
Gina Janett commended the design guidelines as being thorough; however, she stated standards
were discussed at the open houses and noted the guidelines are voluntary. She encouraged the
City to have aggressive outreach with the guidelines and suggested the City hold classes for
realtors. She also discussed transition buffers and accessory dwellings.
Jennifer Bray, Affordable Housing Board, stated accessory dwelling units need to be examined
citywide and encouraged innovative affordable housing options.
February 21, 2017
City of Fort Collins Page 262
Michelle Haefele suggested incentives for the voluntary guidelines should be strengthened and
the accessory dwelling unit change be scaled back.
Chris Marshall discussed abstract language in the guidelines.
Councilmember Cunniff asked about regulatory changes. Cameron Gloss, Planning Manager,
replied there are no proposed changes to the 2013 design standards.
Councilmember Cunniff asked if it would be possible to remove the references to accessory
dwelling units (ADUs) in the context of dwelling without harming the integrity of the rest of the
document. Gloss replied additional staff research would be needed; however, additional public
comment asking staff to investigate the option for adding internal or external ADUs in various
districts was received. Wray stated there was general support for being more flexible for
considering additional provisions for ADUs.
Councilmember Cunniff commended the design guidelines but remained concerned about the
definition of ADU given the density of the downtown residential zones.
Councilmember Martinez asked what the current design standards regulate. Gloss replied they
regulate mass, scale, height, and floor area permitted on a lot. The suggested guidelines are
voluntary.
Councilmember Martinez asked if there are any plans to widen Mulberry or Shields as part of
this planning process. Wray replied in the negative but noted improvements are planned within
the existing right-of-way.
Councilmember Martinez discussed the importance of ensuring pedestrian push buttons are
reachable for individuals in wheel chairs ahead of time rather than needing to retrofit the
intersections later.
Councilmember Martinez asked about the recommendations from the Planning and Zoning
Board and Affordable Housing Board. Gloss replied both Boards unanimously recommended
approval.
Councilmember Overbeck commended the reference to the Climate Action Plan and supported
the inclusion of bike and pedestrian enhancements along Shields and Mulberry.
Councilmember Campana commended staff work on the Plan. He requested information
regarding the approval process for an ADU. Gloss replied an applicant would go through a
development review process for a carriage house if density standards within the zone district are
met. Size limitations and rear lot coverage requirements also exist. Given the number of lots
which meet the existing requirements, the discussion regarding revising density standards has
occurred.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2017-022.
Councilmember Cunniff stated he would like additional discussion regarding ADUs. He
suggested specific resolution language addressing the issue and stated residents of Old Town
neighborhoods do not want opportunities for additional dwelling units. Wray discussed survey
February 21, 2017
City of Fort Collins Page 263
results indicating people do want to explore options for additional flexibility relating to ADUs;
however, there are varying opinions.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to amend the
Resolution to add a whereas clause indicating Council has directed staff to consider existing
residents of the affected neighborhoods as a primary source of outreach for accessory dwelling
unit ordinance implementation.
Mayor Pro Tem Horak and Councilmember Campana accepted the amendment as friendly.
RESULT: RESOLUTION 2017-022 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2017-023.
RESULT: RESOLUTION 2017-023 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 036, 2017, on First Reading
RESULT: ORDINANCE NO. 036, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
(**Secretary's Note: The Council took a brief recess at this point in the meeting.)
18. Resolution 2017-023 Directing the City Manager or His Designees to Meet with the Northern
Colorado Water Conservancy District to Engage in Discussions and Negotiations Regarding
the Northern Integrated Supply Project. (Adopted as Amended)
The purpose of this item is to consider a resolution that would direct the City Manager and/or his
designees to discuss and explore the City’s and Northern Colorado Water Conservancy District
(Northern Water) Water’s mutual interests pertaining to the Northern Integrated Supply Project
(NISP). Staff would meet with Northern Water to discuss the City’s key goals and issues related to
NISP, while regularly reporting to City Council. If mutual interests can potentially be met, staff would
be authorized to negotiate and prepare draft agreements that would be presented to Council for its
review and possible approval.
John Stokes, Natural Areas Director, stated staff brought this recommendation forward to
increase the City’s sphere of influence and is not the result of Council direction. He discussed
improvements to the Poudre River corridor which have been made by the City over the years,
including floodplain preservation and trails.
February 21, 2017
City of Fort Collins Page 264
Stokes described the Northern Integrated Water Supply Project (NISP) as a water supply and
storage project being proposed by a partnership in the Northern Colorado area. It includes a
large off-stream reservoir, Glade Reservoir, which would be north of Ted’s Place on Highway
287. The project will require various permits prior to completion.
Jennifer Shanahan, Watershed Planner, stated the common goal among City staff is to have a
supportive impact on watershed services for the Poudre. She detailed the planned data-driven
approach and projects related to the watershed.
Stokes discussed the previous comments on the NISP project made by Council and stated this
recommendation would authorize staff to meet with Northern Water to discuss the City’s key
goals and objectives related to NISP while regularly reporting back to Council, and if mutual
interests could be met, City staff would be authorized to negotiate and bring back concepts to
Council for review. The best alternative to negotiating an outcome is to comment, as a
stakeholder, but to not engage in direct discussions or negotiations with the project proponent.
Kevin Jones, Chamber of Commerce, supported the Resolution.
Eric Sutherland questioned the party with whom negotiations will occur.
LeRoy Poff stated the Poudre needs peak flows in order to function properly and the City needs
to hold fast to that goal.
Ellen Brinks stated the amount of wildlife in the river area has already decreased and the River
health should not be allowed to deteriorate further.
Katie Hoffner stated the NISP project should be a non-negotiable deal for the community and
opposed any negotiation efforts.
Joe Piesman opposed the NISP project and negotiation efforts.
Will Walters, Sierra Club, opposed NISP and the Resolution.
Katie Rupsis, Sierra Club, opposed NISP and the Resolution.
Francis Richardson, Sierra Club, opposed NISP and the Resolution.
Cynthia Hernandez, Sierra Club, opposed NISP and the Resolution.
Ted Walkup opposed the Resolution stating a mitigation agreement is never for the purpose of
helping a project be denied.
Renee Walkup opposed the Resolution.
Arlene Swan opposed NISP.
Christopher Smith supported the Resolution and the project.
Ken Summers supported the Resolution.
Todd Simmons opposed NISP and the Resolution.
February 21, 2017
City of Fort Collins Page 265
Nancy York opposed NISP and the Resolution.
Gina Janett opposed NISP and the Resolution.
Delores Williams opposed NISP and stated the life of the Poudre is not negotiable.
Cordelia Stone opposed NISP and the Resolution.
Scott (no last name given) opposed the Resolution.
Phil Arnheart opposed NISP and the Resolution.
Juan Carlo supported the Resolution.
Harry Rose noted the Land Conservation and Stewardship Board and Natural Resource Advisory
Board voted unanimously to oppose the Resolution.
Doug Henderson, 350 Group, opposed NISP and the Resolution.
Carol Hossan opposed NISP and the Resolution.
Charles Kop opposed NISP and the Resolution.
Rico Moore opposed NISP and the Resolution.
Mike Pruznick opposed NISP.
Alexa Sample opposed the Resolution and stated there is no version of NISP that will not
compromise the health of the Poudre.
Judy Harrington opposed the Resolution and stated attempts to negotiate at this point will not be
productive.
Doug Swartz opposed NISP and the Resolution.
Rebecca Shelly opposed NISP and the Resolution.
Phil Kissel opposed NISP and the Resolution.
Dr. Ed Hall opposed NISP and stated there are problems with the Environmental Impact
Statement.
Brett Bovee, Water Board, supported the Resolution.
Katie Wallace, New Belgium Brewery, opposed NISP and the Resolution.
Joe McGrane opposed NISP and the Resolution.
Andrew Lemley opposed the Resolution.
Shane Sheridan opposed the Resolution.
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City of Fort Collins Page 266
Donna Braginetz opposed NISP and the Resolution.
Sarah Pitts supported the Resolution.
Mark Easter, Save the Poudre Board Chair, opposed the Resolution.
Zach Heath opposed NISP and the Resolution.
William Brown supported the Resolution.
Dick Leffler supported the Resolution.
Avery Informer opposed NISP and the Resolution.
Mike Barry opposed NISP and the Resolution.
Emily Heinz opposed NISP and stated additional citizen outreach, input and involvement needs
to occur. She suggested the Resolution be modified to remove the word “negotiate.”
Evan Stafford opposed NISP and the Resolution.
Elizabeth Hudetz opposed NISP and the Resolution.
Ward Luthi opposed NISP and the Resolution.
Eric Wilkensen, Northern Water, supported the Resolution.
Dick Livington opposed NISP.
Gary Wockner, Save the Poudre, opposed NISP and the Resolution.
Mike Antonucci discussed making ocean water potable.
Kwon Atlas opposed NISP and the Resolution.
Lauren Atlas opposed the Resolution.
Councilmember Cunniff asked if the Poudre wildlife corridor stops at I-25.
Councilmember Overbeck reported the EPA stated there was insufficient information in the
supplemental draft EIS in 2015. He asked if it is possible for the EPA to veto this project.
Stokes replied the EPA administrator could deny the project; however, that option has been
exercised extremely rarely.
Councilmember Stephens requested staff input regarding public statements that negotiating now
is too early in the process. Stokes replied the final EIS is scheduled to be published at the end of
the year. The Army Corps of Engineers would then take public comment and make a record of
decision where they would choose the least environmentally damaging practicable alternative.
He could not state specifically how long that process could take.
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Councilmember Campana noted Council took a position of “cannot support” rather than
“oppose” in 2015. He asked if any design changes have been made since that time. Stokes
replied two main changes affecting Fort Collins have occurred: water will not be delivered into
Horsetooth Reservoir from Glade Reservoir and Northern has proposed a conveyance refinement
which delivers water to the Poudre during low-flow months. Both changes are viewed as
positive from the perspective of Fort Collins; however, Fort Collins did not engage in
conversations with Northern to suggest either of those changes.
Councilmember Campana asked why the term “negotiate” is included in the Resolution. Stokes
replied there are advantages to negotiating and there is a possibility give and take could be
beneficial to the City.
Mayor Pro Tem Horak asked if staff believes the project is inevitable. Stokes replied there is a
strong likelihood the project will be permitted and could go to court; however, it is ultimately not
likely to be denied. The project has a purpose and need, and at this point the job of the Corps is
to determine the least environmentally damaging practicable alternative.
Council and staff discussed the fact there is no express regulatory requirement that a
conservation alternative be required.
Mayor Pro Tem Horak requested staff input regarding the thresholds for peak flows. Shanahan
replied staff has developed some ideas around possible ways certain short-duration thresholds
could be met.
Councilmember Cunniff asked if the population carrying capacity of Northern Colorado with
respect to water has ever been modeled. Stokes replied a mass balance equation for Northern
Colorado has not been modeled; however, that type of modeling has been done in the state water
plan.
Councilmember Cunniff requested staff opinion regarding which parts of the Resolution would
authorize staff to enter into actual negotiations. Stokes replied the Resolution references
potential agreements.
Councilmember Cunniff expressed concern about the possibility of agreements being crafted
prior to Council’s input. He stated staff should be constrained by Council’s 2015 Resolution.
Mayor Troxell stated the Resolution language offers variability in interpretation and involves
ongoing Council input.
Councilmember Campana made a motion, seconded by Mayor Pro Tem Horak, to adopt
Resolution 2017-024 with the following changes: delete “and negotiations” from the Resolution
title, delete “including through potential agreements between the City and Northern” from the
sixth whereas clause and Section 2.
Councilmember Martinez suggested changing “negotiations” to “solutions.”
Councilmember Cunniff suggested changing the language to address solely the City’s interests
rather than mutual interests. He asked if notes from City meetings with Northern could be made
public. Stokes replied in the affirmative and stated staff has a goal of informing the public of
Poudre health related issues.
February 21, 2017
City of Fort Collins Page 268
Mayor Troxell suggested leaving the two sections in the Resolution and replacing “agreement”
with “solutions” to allow for a future public process leading up to an agreement, and replacing
“negotiations” with “explore solutions” in the title.
Councilmember Campana and Mayor Pro Tem Horak accepted the change as a friendly
amendment.
Councilmember Overbeck stated he would not support the motion given concerns this moves the
City away from concerns expressed about the project in 2008.
Councilmember Cunniff stated he would not support the motion as it references Northern’s
interests; the City’s job is to advocate for its interests.
Mayor Troxell stated he would support the motion as it is important for Fort Collins to be at the
table representing its interests.
Councilmember Martinez stated he would support the motion to open dialogue for solutions.
Councilmember Stephens stated she would support the Resolution in order to codify the existing
practice and ensure Fort Collins is able to represent its interests; however, she is skeptical that
any resolution will allay her concerns about major issues of the project.
Councilmember Campana commended improvements made to the Poudre in the City and stated
it is the City’s duty to stay engaged in this process.
Councilmember Cunniff suggested an amendment to strike the words “and the Northern Water’s
mutual” from the first whereas clause and additional language changes.
Councilmember Campana and Mayor Pro Tem Horak accepted the amendment as friendly.
Councilmember Overbeck suggested including a statement referencing the 2008 Resolution in
which Council took a position of opposition to the NISP project.
Councilmember Campana and Mayor Pro Tem Horak accepted the amendment as friendly.
Mayor Pro Tem Horak noted this will give staff a tool they have requested.
RESULT: RESOLUTION 2017-024 ADOPTED AS AMENDED [6 TO 1]
MOVER: Gino Campana, District 3
SECONDER: Gerry Horak, District 6
AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
MOTION TO EXTEND THE MEETING BEYOND 10:30 p.m.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to extend the
meeting beyond 10:30 PM to consider additional items of business.
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City of Fort Collins Page 269
RESULT: MOTION TO EXTEND MEETING ADOPTED [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
NAYS: Martinez
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
19. First Reading of Ordinance No. 037, 2017, Amending Section 2-568 of the Code of the City of
Fort Collins Proscribing Certain Actions in the Event a City Board or Commission Member
has Declared a Conflict of Interest and Establishing a Related Variance Procedure. (Adopted
on First Reading)
The purpose of this item is to amend Section 2-568(a) and 2-568 (c) of the City Code to clarify
certain actions in the event a City board or commission member has declared a conflict of interest
and establish a related variance procedure.
Laurie Kadrich, Planning, Development and Transportation Director, stated this item would
clarify certain actions once a City board or commission member has declared a conflict of
interest, and establish a related variance procedure.
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 037, 2017, on First Reading.
Councilmember Cunniff stated this item would allow boardmembers with conflicts the same
rights and privileges as any member of the public while ensuring they do not influence their
board.
RESULT: ORDINANCE NO. 037, 2017 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
20. Resolution 2017-025 Accepting Advisory Opinion and Recommendation No. 2017-01 of the
Ethics Review Board. (Adopted)
The purpose of this item is to submit the opinion of the Ethics Review Board to Council for its
consideration and possible approval.
Councilmember Campana recused himself from this topic as he requested the Ethics Review
Board review.
City Attorney Daggett noted Councilmember Campana initiated this inquiry of the Ethics
Review Board to clarify when, under the City Charter and City Code, City Councilmembers who
have declared a conflict of interest regarding a matter may discuss that matter in his or her
personal or professional capacity with City staff. The Ethics opinion clarifies there is not a
provision that prevents a Councilmember from communicating with staff in their non-
Councilmember, non-official capacity.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2017-025.
February 21, 2017
City of Fort Collins Page 270
Councilmember Cunniff noted the Ethics Review Board has recommended further development
of City Code to define influencing.
Councilmember Overbeck requested Ethic review items be considered earlier in the evening.
RESULT: ADOPTED [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
RECUSED: Campana
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
21. First 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. (Adopted on First Reading)
The purpose of this item is to expand 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. The SAP will rely on energy generated by the 64 kilowatt
photovoltaic system installed at 518 N. Loomis Street (the “Loomis Project”) to serve income
qualified customers and be administered according to program objectives established by the Utilities
Executive Director pursuant to City Code Sections 26-464(h) and 26-465(h).
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.
Eric Sutherland discussed the Energy Efficiency Program and noted rate payers make these
programs happen. He opposed this item.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 035, 2017, on First Reading.
Councilmember Stephens stated she would like to see programs that would make a bigger impact
on more families.
RESULT: ORDINANCE NO. 035, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
February 21, 2017
City of Fort Collins Page 271
MOTION TO SUSPEND THE RULES
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to suspend the
rules to extend the meeting past 12:00 AM.
RESULT: MOTION TO SUSPEND RULES ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
22. First Reading of Ordinance No. 030, 2017, Annexing Property Known as the Mail Creek
Crossing Second Annexation to the City of Fort Collins, Colorado. (Adopted on First
Reading)
The purpose of this item is to is to annex 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.
Allen Eckland opposed the annexation stating the existing County zoning is a better fit than City
zoning. He expressed concern regarding the grandfathering of his land uses and potential future
additions and stated property owners should not be responsible for any associated fees.
Ted Shepard, Chief Planner, stated it has been the City’s policy since its incorporation to annex
enclaves. This aids in delivering public services and maintaining emergency response times.
Shepard referenced the Code sections addressing non-conforming uses. Regarding fees, Shepard
stated the mill levy property tax and utilities will be less or approximately the same. An
intergovernmental agreement exists with Larimer County regarding the annexation of contiguous
or enclaved properties.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 030, 2017, on First Reading.
RESULT: ORDINANCE NO. 030, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
23. First Reading of Ordinance No. 031, 2017, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing
Second Annexation to the City of Fort Collins, Colorado, and Approving Corresponding
Changes to the Sign District Map. (Adopted on First Reading)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
The purpose of this item is to zone 43.698 acre, 11-parcel enclave into the City of Fort Collins. The
initiating resolution was adopted on January 17, 2017. The subject properties are located on the east
edge of South Timberline Road and are bisected by Kechter Road.
Mayor Troxell noted this is a quasi-judicial matter.
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City of Fort Collins Page 272
City Attorney Daggett outlined the quasi-judicial process relating to zoning.
Ted Shepard, Chief Planner, stated zoning occurs in accordance with the Structure Plan Map
upon a property being annexed. The zoning for this property will be Urban Estate per the
Structure Plan Map.
Eric Sutherland stated a law or regulation by which the application is being measured is required
for a quasi-judicial matter. He questioned what is necessary for the City to change zoning.
Shepard clarified this is not a rezoning but a new zoning for which the basis is the Fossil Creek
Reservoir Area Plan adopted by the City and County in 1999.
City Attorney Daggett displayed the standard from the Land Use Code for decisions of this type.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 031, 2017, on First Reading.
Councilmember Cunniff requested a follow-up memo on why this process is considered quasi-
judicial.
RESULT: ORDINANCE NO. 031, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
City Manager Atteberry discussed the outreach process and options in the Ordinance regarding
the appropriate use of public spaces.
Councilmember Martinez suggested removing the time limit for sitting on benches from the
Ordinance.
Councilmember Campana suggested removing the prohibition of reclining or lying down on a
chair, bench or other objects designed for sitting.
Councilmember Martinez requested videos such as the rolling coal video be previewed for
language prior to public airing.
Councilmember Cunniff discussed a request he received from the Audubon Society to designate
the Poudre River urban corridor as an important bird area. He requested and received Council
support for staff to prepare a Resolution.
Councilmembers discussed the possibility of placing lockers for homeless residents in the
downtown area.
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ADJOURNMENT
The meeting adjourned at 12:31 AM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 1
February 28, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 7:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
DISCUSSION ITEMS
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to go into
executive session for the purpose of meeting with the City's attorneys and City management staff
to discuss the following matters as permitted under City Code Section 2-31(a)(2) and Colorado
Revised Statutes Section 24-6-402(4)(b): (1) specifically related to litigation or potential
litigation regarding the City's public nudity ordinance; and (2) the manner in which particular
policies, practices or regulations of the City related to the City's public nudity ordinance may be
affected by existing or proposed revisions of federal, state or local law.
Councilmember Martinez noted the City Attorney's office needed more time to complete its
research into this matter.
RESULT: DEFEATED [3 TO 4]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Campana, Troxell
NAYS: Martinez, Overbeck, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 6:03 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk