HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/16/2016 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY August 16, 2016
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the July 5 and 19, 2016 Regular Council Meetings and the July
12 and 26, 2016 Adjourned Council Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the July 5 and July 19, 2016 Regular Council meetings
and the July 12 and July 26, 2016 Adjourned Council meetings.
ATTACHMENTS
1. July 5, 2016 (PDF)
2. July 12, 2016 (PDF)
3. July 19, 2016 (PDF)
4. July 26, 2016 (PDF)
City of Fort Collins Page 25
July 5, 2016
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 stated the Leadership Planning Team has recommended postponement
of Item No. 9, Items Relating to Outdoor Vending Requirements, to November 15.
CITIZEN PARTICIPATION
Eric Sutherland discussed a culture of dishonesty within the City organization, opposed the
Smart Meter program and process resulting in its installation.
Mike Pruznick opposed the redistricting process and discussed the Federal Railroad
Administration meeting he was not allowed to attend.
Sandy Lemburg discussed City staff’s treatment of citizen comments, noting staff should be
more open and receptive. He requested the City establish a non-emergency phone number for
police that is easy to remember.
Lynn Thompson, Fort Collins Homeless Coalition, discussed the camping ordinance, the need
for a restroom to be open 24/7, and the need for additional trash receptacles.
Deborah (no last name given) opposed the manual reading charge for Smart Meters and
requested the ability for citizens to call in their meter readings.
Deborah James, Fort Collins Homeless Coalition, discussed the need for additional restrooms
and trash receptacles throughout the city and opposed ticketing for camping.
Carol Miller discussed the need for a systems approach for City staff to address decisions
Council will make. She expressed concern regarding hurried decisions.
Meg Dunn discussed the history of her home at 720 West Oak which is set to be granted
landmark status.
Cheryl Distaso, Fort Collins Homeless Coalition, requested Council consider the compromise
suggested by the Coalition regarding not issuing camping tickets overnight. She expressed
concern regarding information being provided by shelter directors.
July 5, 2016
City of Fort Collins Page 26
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Overbeck thanked Mr. Lemburg for speaking and commended his idea for
developing an easy-to-remember non-emergency phone number.
Councilmember Overbeck suggested the creation of a regular meeting between community
members and shelter service providers.
Councilmember Martinez commended Mr. Lemburg’s idea for an easy-to-remember non-
emergency phone number. He asked if shelters are having overflow issues this summer. Jackie
Kozak-Thiel, Chief Sustainability Officer, replied 130 people were turned away from shelters in
May and 55 were turned away in June. Catholic Charities has extended the number of overflow
beds for women through the summer; however, funding has not been added to the Rescue
Mission for overflow as the cost for that was around $45,000.
Councilmember Martinez suggested that funding be considered.
Mayor Pro Tem Horak suggested there are additional funding resources at other levels which
should be considered as part of the overall discussion around homelessness at the upcoming
work session.
Councilmember Martinez discussed the importance of moving forward with solutions regarding
homelessness.
Councilmember Campana discussed the complexity of the homelessness issue, stating the City is
making progress.
Councilmember Stephens asked if the Nashville model and the City’s progress toward that goal
will be discussed at the work session. Kozak-Thiel replied in the affirmative and stated the
nightly number of individuals turned away from shelters range from 3 to 8.
Mayor Pro Tem Horak suggested staff research how other communities with Smart Meters
address the manual reading issue.
CONSENT CALENDAR
Councilmember Campana withdrew Item No. 3, First Reading of Ordinance No. 082, 2016,
Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Wastewater Utility
Enterprise, Sewer Revenue Refunding Bonds, Series 2016A, in the Maximum Aggregate
Principal Amount of $21,900,000 in the Wastewater Utility Fund, from the Consent Calendar.
Mike Pruznick withdrew Item No. 6, First Reading of Ordinance No. 085, 2016, Amending
Sections 26-98 and 26-128 of the Code of the City of Fort Collins Regarding Fire Sprinkler
Systems for Single Family Attached Homes, from the Consent Calendar.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items not withdrawn from the Consent Agenda.
July 5, 2016
City of Fort Collins Page 27
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
1. Second Reading of Ordinance No. 077, 2016, Appropriating Unanticipated Grant Revenue in
the General Fund for the Architectural Survey of the Loomis Addition in the Westside
Neighborhood. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 21, 2016, appropriates
unanticipated revenue received through a State Historical Fund grant. The State of Colorado has
awarded a $35,000 grant for an architectural survey of the fifteen-block Loomis Addition in the
Westside Neighborhood.
2. Second Reading of Ordinance No. 078, 2016, Authorizing the Conveyance of a Sewer Line
Easement and a Temporary Construction Easement on Running Deer Natural Area to
Boxelder Sanitation District in Exchange for the Vacation of an Existing Easement. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 21, 2016, authorizes conveyance of
a utility easement and a temporary construction easement to Boxelder Sanitation District on Running
Deer Natural Area. Boxelder Sanitation District (BES) provides sanitary sewer service to a portion of
Fort Collins residents. An aging and undersized sanitary sewer line that passes through Running
Deer Natural Area needs to be replaced to provide for existing and projected residents in their
service area. BES and the City have agreed to a realignment of portions of the sewer line and terms
to a new easement to minimize the impact to the Natural Area’s vegetation, wildlife and visitors.
3. First Reading of Ordinance No. , 2016, Approving a Revision to the Airport Operating Budget
and Appropriating Reserves in the Airport Fund for the Northern Colorado Regional Airport
to Complete the Strategic Plan Goals. (Adopted)
The purpose of this item is to approve an amendment to the 2016 Airport operating budget and
appropriate funds from the Airport Fund to initiate work associated with the City Council approved
Airport Strategic Plan. The Northern Colorado Regional Airport Commission has reviewed and
approved this request; additionally the City of Fort Collins Council Finance Committee has also been
presented with this information. The 2016 Airport operating budget will be amended to authorize
expenditure of the total amount of $165,000 from the Airport Fund. The City of Fort Collins will
appropriate 50% ($82,500) of the total $165,000 request, and the City of Loveland will be providing
the other half of the appropriation. This appropriation is needed as the funding resources were not
included in the adopted 2016 Airport Budget approved by Council and expenditure of additional
funds not included in the Budget requires City Council appropriation as outlined in the current
Intergovernmental agreement between the Cities.
4. First Reading of Ordinance No. 084, 2016, Appropriating Prior Year Reserves in the Data and
Communications Fund for Implementation of Electronic Plan Review. (Adopted)
The purpose of this item is to appropriate funds from the reserves of the Data and Communications
Fund for implementation of electronic plan review as part of the building permit and development
review process.
5. First Reading of Ordinance No. 087, 2016, Designating the Leo and Hilda Ritter Property, 720
West Oak Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
July 5, 2016
City of Fort Collins Page 28
The purpose of this item is to designate the Leo and Hilda Ritter property located at 720 West Oak
Street as a Fort Collins Landmark. The owners of this property, Margaret M. Kool Dunn and Robert
Louis Dunn 3rd, are initiating this request. The1925 Craftsman-style residence and detached garage
are eligible for recognition as a Landmark due to their historic integrity and significance to Fort
Collins under Designation Standard C, Design/Construction.
END CONSENT
STAFF REPORTS
Erika Rasmussen, Special Projects Engineer, stated the City has executed an agreement with the
Great Western Railway to replace the track crossing at Lemay and Riverside with work
beginning July 14. Lemay Avenue will be closed for five days with this project.
COUNCILMEMBER REPORTS
Councilmember Campana reported on the Tae Kwon Do Open Streets performance and a
presentation he gave on the “It’s On Us” initiative to the National League of Cities.
Councilmember Overbeck reported on the Elderhaus open house at its new location.
Councilmember Cunniff reported on the annual legislative breakfast.
Mayor Pro Tem Horak reported on the Energy, Environment and Natural Resources Committee
meeting at the National League of Cities conference regarding taxing rebates. He reported on the
Colorado Municipal League conference regarding sign codes, long-term rentals, and urban
renewal authorities.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
6. First Reading of Ordinance No. 082, 2016, Appropriating Proceeds from the Issuance of City
of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding Bonds,
Series 2016A, in the Maximum Aggregate Principal Amount of $21,900,000 in the Wastewater
Utility Fund. (Adopted on First Reading)
The purpose of this item is to appropriate the proceeds from the Revenue Refunding Bond, series
2016A, for the purpose of refinancing the callable portion of the 2009A Revenue Bonds. Proceeds
will be used to pay off callable bonds as well as pay for cost of issuance fees. The proceeds from
the original 2009A bonds of $30.7 million were used to make improvements to the Mulberry Water
Reclamation Facility. Savings are anticipated to be $2.4 million.
Mayor Pro Tem Horak withdrew from the discussion of this item due to a conflict of interest.
Councilmember Campana made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 082, 2016, on First Reading.
July 5, 2016
City of Fort Collins Page 29
RESULT: ORDINANCE NO. 082, 2016, ADOPTED ON FIRST READING [6 TO 0]
MOVER: Gino Campana, District 3
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
RECUSED: Horak
DISCUSSION ITEMS
7. Second Reading of Ordinance No. 073, 2016, Authorizing the Acquisition by Eminent Domain
of Additional Lands Necessary to Construct Public Improvements as Part of the Prospect
Road and College Avenue Intersection Improvements Project. (Defeated on Second Reading)
The purpose of this item is to obtain authorization from City Council to use eminent domain, if
necessary, to acquire property interests needed to construct improvements to the intersection of
Prospect Road and College Avenue. This authorization is for the two residential properties at the
east end of the project.
Ordinance No. 043, 2016 was adopted on Second Reading on April 19, 2016, allowing City staff to
begin the property acquisition process for the preferred alternative on the six commercial properties
at this intersection.
Staff delayed the residential properties approximately six weeks to allow additional design work and
discussions with the property owners.
The following work has been done recently in regards to the residential properties:
Council Work Session presentation and discussion on April 12, 2016, resulting in:
o Majority support for dual westbound left turn lanes
o Request to provide follow-up on additional design questions
Meeting with Mayor Pro Tem Horak, City Manager, City staff and affected property owners to
discuss property owners requested design (April 25, 2016).
Memo to Council providing detailed analysis of the impacts and benefits of moving the roadway
south to avoid wall impacts.
Support from Transportation Board and Bicycle Advisory Committee on staff’s preferred
alternative.
Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff
will negotiate in good faith with the affected owners and is optimistic that all property negotiations
can be completed prior to the start of the Project. Staff is requesting authorization of eminent
domain for all property acquisitions for the Project only if such action is necessary in order to keep
the project on schedule. Ordinance No. 073, 2016 was adopted on First Reading on May 17, 2016
by a vote of 5-2 (Nays: Cunniff, Overbeck).
Laurie Kadrich, Planning, Development and Transportation Director, stated this item would
authorize the use of eminent domain, if necessary, for two residential properties near the
intersection of Prospect and College. Negotiations of up to ten months would occur prior to the
use of any eminent domain and the staff proposal continues to include the recommended concept
for dual westbound turn lanes. Funding for the intersection project was previously appropriated.
Dean Klingner, Capital Projects Engineer, stated both the preferred alternative and the single
westbound left alternative, which does not impact the wall or tree at 1535 Remington, were
presented to the Transportation Board and Bicycle Advisory Committee. The southern shift
July 5, 2016
City of Fort Collins Page 30
alternative, which was completed in early May, has not been presented to any boards. The
southern shift alternative has not been recommended by staff primarily due to cost. In terms of
lowering the design speed for the intersection, staff agrees that lower speeds can lead to less
severe crashes; however, adding sharper curves and posting a lower speed limit will not result in
lower operational speeds.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to allow each
speaker three minutes rather than two and a half. Yeas: Troxell, Martinez, Campana, Overbeck,
Stephens, Cunniff and Horak. Nays: None.
THE MOTION CARRIED.
C.W. Miller stated the staff recommended alternative is flawed and resulted from a process
which did not include proper public input. He encouraged Council to oppose the ordinance.
Anne Cleary, 1535 Remington, opposed the overly-rushed manner in which this process
unfolded. She stated eminent domain should not be used for the purpose of adhering to an
arbitrary rushed schedule.
Sarah Brooks expressed disappointment in the potential use of eminent domain and the seeming
fact the City values the motoring experience of those driving through the intersection more than
those who live near the intersection.
Chris Johnson, Bike Fort Collins, suggested lane widths of ten feet are appropriate in urban areas
and have a positive impact on street safety without impacting traffic operations. He opposed the
use of eminent domain in this situation and encouraged Council and staff to examine national
recommendations regarding lane widths.
Sandy Lemburg opposed approving the use of eminent domain prior to negotiations and stated
cost savings is not an appropriate use for eminent domain.
Josh Disney discussed the high cost of the alternative intersection design to the city and
community at-large. Many citizens will benefit from the redesign of the intersection while only
one family will be negatively impacted.
Brad Conner stated the loss of trees is a loss for the community.
Mike Pruznick opposed the ordinance and expressed concern regarding the process to this point.
He questioned how this proposal will solve any issues.
Eric Sutherland stated the City’s process of authorizing the use of eminent domain prior to
negotiating with property owners is atypical.
Jessica Witt stated this is a difficult challenge which cannot be resolved in this short period of
time. She opposed the staff alternative as including aspects that are not necessary.
Carol Miller stated the process for these types of decisions needs to be revised to include a
complete systems review.
July 5, 2016
City of Fort Collins Page 31
Kevin Harper, 1535 Remington, opposed the authorization of eminent domain prior to
negotiations.
Councilmember Cunniff requested an assessment of the existing left turn storage condition.
Klingner replied he would measure that information from the distance.
Councilmember Cunniff asked if staff could imagine a process in which Council does not
approve eminent domain action until negotiations have not reached a satisfactory conclusion.
Helen Matson, Real Estate Services Manager, replied it is the City's process to ask for eminent
domain if needed prior to appraisals and negotiations. Much more time would be needed in the
process in order to ask for eminent domain following negotiations.
Klingner stated the current left turn storage condition is about 100-130 feet in both lanes. The
staff-preferred alternative as presented varies the lane width throughout the project.
Councilmember Cunniff asked if staff is aiming for 40 mile per hour design standards for
arterials. Klingner replied in the affirmative and noted a context-sensitive compromise has been
to use 35 miles per hour.
Councilmember Cunniff noted there is not a corridor plan on the northeast side of Prospect that
mandates the sidewalks. Klingner replied in the affirmative.
Mayor Troxell asked if any of these options would still be going through the eminent domain
process with the City's current procedure. Klingner replied in the affirmative.
Mayor Troxell stated it is highly unusual to be focusing on the specific design at this point in the
process. Klingner agreed with that assessment.
Mayor Troxell discussed the City's history of not using eminent domain, noting the number of
properties resolved through court processes has been zero over the last five years.
Councilmember Campana asked how other communities handle this issue. Matson replied
Aurora prefers to never use eminent domain and to put more money into projects. Loveland
waits a bit longer to start its process. If the process to authorize eminent domain is not started
until after negotiations have failed, each property may need to go before Council to authorize
eminent domain individually.
City Manager Atteberry noted Council can address the eminent domain process and procedures
at a later date.
Councilmember Overbeck asked about the range of cost for the intersection improvements and
how the $1.3 million figure came to be. Klingner replied the notes referenced by a citizen are
handwritten from a project notebook and were not all inclusive. The figure is a best estimate for
a fair decision number; however, it could be slightly higher or lower.
Councilmember Overbeck asked if 3600 square feet is the estimate of property to be acquired
from the Harper/Cleary property. Klingner replied that includes the temporary construction
easement.
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Councilmember Overbeck asked if the City has calculated the benefits of mature trees. Tim
Buchanan, City Forester, replied larger trees have greater value in a general sense. Staff does
have the ability to place a dollar value on trees; however, that has not yet occurred in this case.
Councilmember Overbeck stated the value of the tree should be known as part of the public
process. Buchanan replied the range of mitigation for the trees which may be lost would be
between two and three mitigation trees per lost tree.
Mayor Troxell asked about the tree species. Buchanan replied there is a large blue spruce tree
with a 24-inch diameter and 50-foot height; blue spruce typically has a lifespan of 80-100 years
and this tree has decades left in its life.
Mayor Troxell asked if the tree's root structure is impacted under the current conditions.
Buchanan replied in the affirmative, stating the wall disrupted the root system somewhat.
Matson stated the City will provide a property appraisal and will reimburse the property owners
for their private appraisal, both of which will include the value of the tree.
City Manager Atteberry noted he cannot recall any time during which the value of a property,
structure, tree or otherwise has been shared during or prior to negotiations. Councilmember
Overbeck stated decisions should be data-driven.
Councilmember Martinez asked about the comparison of cars idling with no changes to the
intersection versus the pollution protection offered by this tree. Buchanan replied there is a
significant amount of pollution removal per tree.
Councilmember Cunniff asked if the existing condition meets minimum engineering standards.
Klingner replied in the affirmative.
Councilmember Cunniff asked if there is a way to quantify the benefits of each of the
alternatives. Klingner replied there would be no measurable difference in fatalities for any of the
alternatives.
Mayor Pro Tem Horak asked if the southern alternative needs twice as much right-of-way.
Klingner replied in the negative noting the table is not meant to be quantitative.
Councilmember Campana stated minimizing the design of an intersection to save a couple trees
and a wall does not make sense.
Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 073, 2016, on Second Reading.
Mayor Pro Tem Horak asked if there are any corridor plans for East Prospect. Klingner replied
in the negative.
Councilmember Cunniff stated he would not support the motion as the City's eminent domain
process sacrifices the interest of individual property owners and citizens. He suggested the
policy should be examined with respect to commercial versus residential properties and noted all
of the alternatives reduce congestion. He expressed concern about the construction of the
intersection without a corridor plan going east.
July 5, 2016
City of Fort Collins Page 33
Councilmember Stephens asked if 10-foot sidewalks were being considered to accommodate
bicycles or because of ADA standards. Klingner replied 10-foot sidewalks are not needed for
ADA; the 10-feet involves a complete street concept for Fort Collins and a minimum standard
for pedestrians, not necessarily bikes.
Councilmember Campana agreed eminent domain processes should differ between residential
and commercial properties. He noted funds have already been appropriated for the intersection
construction and the authority for eminent domain for the majority of the properties around this
intersection has been granted using the same process under question currently.
Councilmember Overbeck stated a better collaborative process with citizens should be
completed.
Mayor Pro Tem Horak stated Mr. Harper and Ms. Cleary have been willing to compromise on
some portions of their property and have been quite data driven in terms of making their
argument. He stated eminent domain has been authorized for areas which have a plan and he
cannot support moving forward with this given it is not part of an overall plan.
Councilmember Stephens stated this is a failing intersection; however, there is room for process
improvements and a larger corridor plan.
Councilmember Martinez stated this intersection presents public safety concerns and the staff
engineers have good credibility in their design efforts. He noted the City has a fiduciary
responsibility to taxpayers to not unnecessarily throw extra money at a project.
Councilmember Campana stated that while the City does not have a policy requiring corridor
plans, this intersection is mentioned in a number of plans and has been on the improvement list
for years. He requested Council develop an alternative to simply postponing construction with
an affirmative vote on this motion.
RESULT: ORDINANCE NO. 073, 2016, DEFEATED ON SECOND READING [3 TO 4]
MOVER: Gino Campana, District 3
SECONDER: Ray Martinez, District 2
AYES: Martinez, Campana, Troxell
NAYS: Stephens, Overbeck, Cunniff, Horak
Councilmember Cunniff suggested directing staff to develop a plan that best maximizes the
safety and congestion benefit while seeming likely to reach a satisfactory conclusion with the
property owners with a deadline of four months.
Councilmember Overbeck supported Councilmember Cunniff's suggestion.
Councilmember Campana requested staff provide information regarding the cost of the delay and
impact to the construction schedule.
Mayor Troxell suggested the staff preferred alternative be included and encouraged staff to look
out for the City's best interest.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
July 5, 2016
City of Fort Collins Page 34
8. Items Relating to Proposed Outdoor Vendor Requirements. (Postponed to November 15,
2016)
A. Second Reading of Ordinance No. 079, 2016, Amending Article XIV of Chapter 15 of the Code of
the City of Fort Collins Regarding Outdoor Vendors.
B. Second Reading of Ordinance No. 080, 2016, Amending Articles 3, 4 and 5 of the Land Use
Code Regarding Outdoor Vendors.
These Ordinances, unanimously adopted on First Reading on June 21, 2016, amend the City Code
and Land Use Code to update property owner and outdoor vendor requirements. The intent of the
original 2012 Code provisions for outdoor vendor operations was to manage a mobile operation and
address specific mobile vendor impacts and requirements as a temporary, accessory land use. The
proposed changes clarify and distinguish between two primary outdoor vending operations, mobile
and stationary, including land use locational requirements for vending on privately-owned lots. Both
Ordinances have been amended since First Reading to provide that these amendments to the City
Code and Land Use Code will not go into effect until January 15, 2017. This will give vendors and
property owners six months to adjust their operations to these new regulations.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to postpone
Second Reading of Ordinance No. 079, 2016 to November 15, 2016.
Mayor Pro Tem Horak stated more outreach is needed before Council completes its
consideration of this topic.
RESULT: SECOND READING OF ORDINANCE NO. 079, 2016 POSTPONED TO
NOVEMBER 15, 2016 [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to postpone
Second Reading of Ordinance No. 080, 2016 to November 15, 2016. Yeas: Martinez, Stephens,
Overbeck, Campana, Troxell, Cunniff and Horak. Nays: none.
THE MOTION CARRIED.
RESULT: SECOND READING OF ORDINANCE NO. 080, 2016, POSTPONED TO
NOVEMBER 15, 2016 [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
9. Items Relating to the Designation of the Coy Farmstead Woodward Technology Center, a Fort
Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Option A or
Option B) (Adopted as Amended on First Reading)
A. First Reading of Ordinance No. 088, 2016, Non-Consensually Designating the Coy Farmstead
Barn and Milk House Located on the Woodward Technology Center Subdivision as Individual
Fort Collins Landmarks pursuant to Chapter 14 of the Code of the City of Fort Collins. (Option A)
Or
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City of Fort Collins Page 35
B. First Reading of Ordinance No. 088, 2016, Designating the Coy Farmstead Barn and Milk House
Located on the Woodward Technology Center Subdivision as Individual Fort Collins Landmarks
pursuant to Chapter 14 of the Code of the City of Fort Collins. (Option B)
This item is a quasi-judicial matter and will be considered in accordance with the procedures
described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-
091.
The purpose of this item is to consider a landmark designation application for the Coy Farmstead,
located on the Woodward Technology Center property, brought forward by seventy-six Fort Collins
residents. The Coy Farmstead currently consists of an 1866 stone and timber barn and a c.1900
brick milk house. Two historic silos associated with the property were recently removed. The owner
of the property, Woodward, Inc., has not consented to landmark designation, except if certain
conditions are attached to the designation. City Code Chapter 14, Landmark Preservation, provides
a process for the Landmark Preservation Commission review of an application absent an owner’s
consent, which culminates with a recommendation to Council on the designation.
In order to facilitate Council’s consideration and action on this item, two versions of a designation
ordinance are presented.
City Attorney Daggett explained the designation hearing process.
Mayor Troxell outlined the time allotments for each group to speak.
Councilmember Overbeck stated he serves on the Poudre Heritage Alliance Board which has
prepared an interpretive sign for the site but did not believe he had a conflict of interest.
Laurie Kadrich, Planning, Development and Transportation Director, stated this is the third step
in a process for non-consensual historic designation of buildings on the Woodward site.
Karen McWilliams, Historic Preservation Manager, summarized the historic designation process
to date, noting a property has to have both significance and integrity to be eligible to be a Fort
Collins landmark. At its May 11, 2016 meeting, the Landmark Preservation Commission found
the Coy Farmstead to not be eligible as an historic district stating it lacked sufficient integrity to
be designated without its silos. At the same meeting, the Commission found the barn and milk
house to both be individually eligible for landmark status. McWilliams discussed the non-
consensual versus consensual designation and stated Council has previously designated two
individual properties and three landmark districts non-consensually.
Kadrich noted the Commission had described one of its motions as consensual. Woodward
objected to that because the Commission did not consider all of the elements proposed by
Woodward.
Councilmembers Cunniff and Overbeck acknowledged earlier site visits by themselves and other
Councilmembers.
Mayor Pro Tem Horak stated many Councilmembers were also at the Woodward property
dedication.
APPLICANT PRESENTATION
Gina Janett stated she is the lead applicant for the 138 signers supporting non-consensual
designation of the Coy Farmstead Historic District. She supported the individual designation of
the barn and milk house structures.
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City of Fort Collins Page 36
Carol Tunner discussed the historic value of the site and structures. She stated a non-consensual
designation is appropriate because the site meets the criteria.
Ms. Janett stated her group, the Landmark Preservation Commission, and staff are in agreement
on five of the six conditions outlined by Woodward with the exception of the opt in, opt out
condition. She encouraged Council to adopt Option A of the Ordinance, a non-consensual
designation which includes the five conditions.
OPPONENT PRESENTATION
Caroynne White, outside counsel for Woodward, stated Woodward remains committed to its
functional adaptive reuse plan, as approved by the Community Development and Neighborhood
Services Director and the Landmark Preservation Commission Vice-Chair through the normal
process, as long as it can proceed to implement the plan without further LPC review and
additional public hearings. The plan includes the barn and milk house, as well as the
collaborative work space where the silos once stood.
Ms. White stated Woodward is opposed to non-consensual designation of the structures as local
landmarks as that designation does not allow the property owner to do as it sees fit with its own
property without first seeking approval of any exterior alterations through the LPC process.
Chris Fawzy, in-house general counsel for Woodward, stated Woodward has proposed to the
LPC certain conditions under which Woodward would be willing to consent to local landmark
designation. He requested Council adopt Option B with a minor modification and discussed the
significant concession on Woodward's part of agreeing to a consensual designation. The
consensual designation on Woodward's part would be coupled with a commitment by the City to
not expand nor consider the expansion of the designation at any point in the future. In terms of
item number 7 of Option B, Mr. Fawzy requested the removal of the term “it is Council's intent
that”...
PUBLIC PARTICIPATION
Eric Sutherland questioned the value of anything considered a “taking”, as that term reflects
harm done to an entity. He opposed the quasi-judicial proceeding utilized to discuss this item.
David May, Chamber of Commerce President, supported Option B as a win-win option and
opposed non-consensual designation as being hostile.
Mary Hemstone supported the non-consensual designation and noted that designating structures
as landmarks does not constitute a taking of private property. She expressed concern regarding
items 6 and 7 in Option B.
Myrne Watrous supported non-consensual designation.
Wendy Campbell supported non-consensual designation.
APPLICANT REBUTTAL
Ms. Janett noted there is nothing on the site other than the two buildings to designate; therefore,
Woodward's concern regarding expansion of the designation is a moot point. She suggested an
July 5, 2016
City of Fort Collins Page 37
agreement between the City and Woodward is not sufficient in case of land ownership changes
and stated conditions 6 and 7 of Option B circumvent the intent of the Code to make landmark
designations largely permanent.
OPPONENT REBUTTAL
Mr. Fawzy stated Woodward could only exercise the “opt-out” right if Council elects to consider
a designation or elects to do something that otherwise alters or eliminates any of the conditions
upon which Woodward has consented to the designation to begin with.
COUNCIL DISCUSSION
Councilmember Campana asked about the crafting of Option B. City Attorney Daggett replied
Woodward has communicated with staff about some willingness to provide consensual
designation assuming some of its concerns were addressed. This Option addresses conditions
that are legally defensible from the City’s standpoint and articulates the concerns from
Woodward. She stated staff is willing to strike the term “it is the Council’s intent” per
Woodward’s request.
Mayor Troxell asked what would be considered a trigger event noting it is narrowly defined
around the consensual designation. City Attorney Daggett replied the condition is aimed at the
landmark designation only; therefore, other types of regulatory processes which might apply to
the site would still apply.
Councilmember Cunniff expressed concern regarding section 6 given the ambiguity of the
language. He suggested replacing the term “any other governing body” with “Council
designees” and “consider” with “approve”. He made additional language suggestions and asked
if they would satisfy the applicants.
Ms. Janett replied the language may make things better for Council; however, it seems odd that
Council would waive a provision of the Code not expecting to set a precedent which could
undermine the basis of historic preservation in the city.
Mr. Fawzy agreed to the “Council designee” but expressed concern regarding the term “approve”
as Woodward does not want to have to engage in this process again.
City Attorney Daggett outlined the wording changes as suggested by Councilmember Cunniff.
Ms. Janett suggested Council include additional language related to the waiver of City Code for
this single applicant.
Ms. Humstone expressed concern with the language.
Mr. Fawzy expressed concern regarding the “approve” term and noted Woodward’s intent
regarding historic preservation related action is related to these proceedings and the landmark
designation.
Councilmember Cunniff stated it is an absolute requirement for him that section 7 be limited to
Chapter 14.
July 5, 2016
City of Fort Collins Page 38
Various iterations of the language were discussed by Council, the applicants, and Woodward
representatives.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
City Attorney Daggett outlined the wording changes to the Ordinance and explained the specific
changes as follows: this makes clear this would give a right only to Woodward, the triggering
event for a designation termination by Woodward would be an initial action taken by Council as
opposed to a final action, and the action would be the approval of such expansion or any
conditions in the ordinance being invalidated.
Councilmember Campana made a motion, seconded by Councilmember Martinez, to approve
Ordinance No. 088, 2016, Option B as amended, on First Reading.
Mayor Pro Tem Horak noted this property has owners who will protect and secure the buildings.
Councilmember Cunniff expressed concern with the final language and setting a precedent.
Councilmember Campana thanked those involved for their work and efforts.
City Attorney Daggett clarified the map found on page 839 of the agenda packet should replace
Exhibit B in the ordinance.
Councilmembers Campana and Martinez accepted that change as part of their motion.
Mayor Troxell thanked Woodward for working toward a consensual designation.
Mayor Pro Tem Horak suggested changing the language to add 'court after exhaustion of all
appeals.'
Councilmembers Campana and Martinez accepted that change as part of their motion.
RESULT: ORDINANCE NO. 088, 2016, ADOPTED AS AMENDED ON FIRST READING [6
TO 1]
MOVER: Gino Campana, District 3
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Horak
NAYS: Cunniff
EXTENSION OF MEETING
Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to extend the
meeting to consider the remaining agenda items.
RESULT: APPROVED 4-3
MOVER: Ross Cunniff, District 5
SECONDER: Kristin Stephens, District 4
AYES: Stephens, Overbeck, Troxell, Cunniff
NAYS: Martinez, Campana, Horak
July 5, 2016
City of Fort Collins Page 39
11. Second Reading of Ordinance No, 081, 2016, Appropriating Prior Year Reserves in the
General Fund for 2016 Projects Associated with the 2020 Climate Action Plan (CAP) Strategic
Plan. (Postponed to July 19, 2016)
This Ordinance, unanimously adopted on First Reading on June 21, 2016, appropriates funding from
the General Fund to implement two initiatives outlined in the Draft 2020 Climate Action Plan (CAP)
Strategic Plan. First, the Ordinance appropriates $85,000 accumulated during 2015 and 2016 in the
Waste Innovation Fund account into the City’s General Fund account to initiate the Municipal Green
Waste (Composting) Site Initiative. Second, based on direction at First Reading, the Ordinance also
appropriates $1,460,000 from the General Fund to provide energy efficiency rebates for the business
community ($1.37M) and the Efficiency Works Neighborhoods Pilot ($0.09M) through 2016.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone
consideration of this item to the regular Council meeting on July 19, 2016.
Mayor Pro Tem Horak stated this postponement will provide the opportunity to address various
concerns.
RESULT: ORDINANCE NO. 081, 2016, POSTPONED TO JULY 19, 2016 [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
12. First Reading of Ordinance No. 085, 2016, Amending Sections 26-98 and 26-128 of the Code
of the City of Fort Collins Regarding Fire Sprinkler Systems for Single Family Attached
Homes. (Postponed to July 19, 2016)
The purpose of this item is to create a new rate class to accommodate the short-term high flow rate
water service demands for single family attached homes with residential fire suppression systems
and to make related changes regarding water meter requirements and installation. Changes to the
International Residential Code adopted by the City in 2014 increased the short-term high flow rate
water service demands for single family attached homes (such as townhomes and condominiums)
due to the inclusion of residential fire suppression systems. Staff is proposing that a new rate class
be created in order to accommodate these demands and to make related changes regarding water
meter requirements and the installation related to fire sprinkler systems for single family attached
homes.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to postpone
consideration of this item to the July 19 Council meeting.
RESULT: ORDINANCE NO. 085, 2016 POSTPONED TO JULY 19, 2016 [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Councilmember Martinez requested support for considering the placement of the Climate Action
Plan before voters.
Mayor Pro Tem Horak suggested a work session to discuss the Plan and noted every action
regarding it has been taken publicly and by ordinance.
July 5, 2016
City of Fort Collins Page 40
Councilmember Cunniff agreed with the idea of a work session for further public dialogue and
debate.
Councilmember Campana agreed some of the Plan's action items are not incredibly tangible and
noted there are controversial aspects; therefore, if it is put before the voters with a funding
source, future decision makers will have an easier time implementing the Plan.
Councilmember Stephens stated a work session could allow the community to discuss the
benefits of the Plan rather than just its costs.
Councilmember Overbeck supported a work session.
Mayor Troxell stated this is an energy futures issue.
ADJOURN TO JULY 12, 2016
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn to
6:00 PM on Tuesday, July 12, 2016 to consider the Maple Mixed Use appeal, as well as any
other items that may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 11:30 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 41
July 12, 2016
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Horak
ABSENT: Cunniff
Staff present: Atteberry, Daggett, Nelson
1. Consideration of an Appeal of the Administrative Hearing Officer Decision Regarding the
Maple Mixed Use PDP. (Hearing Officer Decision Overturned)
The purpose of this item is to consider an Appeal of the Administrative Hearing Officer decision
dated April 25, 2016, denying the 320 Maple Mixed Use Project Development Plan. On May 9,
2016, Ian Shuff, Architect with the firm ALM2S, filed a Notice of Appeal on grounds that the Hear
Officer made the following errors:
Failure to properly interpret and apply relevant provisions of the Land Use Code (LUC),
particularly LUC Sections 3.4.7, 3.5.1, 2.8, and 4.16(D)(5)(e); and
Consideration of evidence relevant to its findings which was substantially false or grossly
misleading.
Mayor Troxell introduced the item.
Councilmembers Campana and Martinez disclosed they know multiple individuals involved in
the appeal; however, they did not declare a conflict of interest.
City Attorney Daggett outlined the appeal process.
The parties-in-interest on both side of the appeal identified themselves.
Tom Leeson, Director of Community Development and Neighborhood Services, discussed the
proposed project, a mixed-use building at the southeast corner of Maple and Meldrum, noting
mixed-use developments are encouraged within the Downtown zoning district. This block has a
three to four story height limit which reflects a transition to the Neighborhood Conservation
Buffer zone. The most prominent topic of discussion in the original hearing was the relationship
of the proposed project to the Browns on Howes townhome development which is currently
nearing completion. The Hearing Officer found that the proposed project does not comply with
Land Use Code sections 3.4.7 and 3.5.1 which deal with compatibility of new developments
within the neighborhood context. The applicants appealed the decision based on two allegations:
the information presented at the hearing was substantially false and grossly misleading and the
Hearing Officer failed to properly interpret and apply the relevant provisions of the Land Use
Code.
Mayor Troxell stated he and Councilmembers Overbeck and Campana made a site visit.
Councilmember Overbeck stated he asked questions about nearby historic homes and heights of
surrounding buildings. He also asked about the date of the application for the historic district.
July 12, 2016
City of Fort Collins Page 42
Councilmember Campana stated they walked the property boundary and located property pins on
the east side of the project.
Mayor Troxell stated they took in the context of the surrounding area.
Leeson stated Councilmembers asked about the width of the alley and the location of the parking
garage entrance. In response to other questions, the trees along Meldrum will remain; there is
one additional historic property located at the north end of the alley facing Cherry Street that was
not considered to be in the area of adjacency; and the application for the proposed historic
district was submitted about a year and a half ago.
Mayor Troxell requested input on procedural issues from parties-in-interest.
Lucia Liley, attorney for the applicant/appellant, stated she had proposed a potential different
process regarding the false and misleading allegation which might avoid a remand; however, as
the Mayor opted to stay with the regular process, she requested the opportunity to address
Council on some procedural aspects relating to a remand decision should Council opt for that
direction.
APPELLANT PRESENTATION
Ms. Liley discussed the proposed project noting the site is a targeted redevelopment site. A
similar project was previously approved on the site, though it was never built. The Landmark
Preservation Commission unanimously recommended appropriate compatibility of the project.
Ms. Liley alleged the Hearing Officer’s conclusions contained no analysis of the underlying
Code provisions and little or no reference to any evidence.
Ian Shuff, project architect, discussed the ways in which this project provides compatibility with
the existing neighborhood and does not negatively affect the Browns on Howes project.
OPPONENT PRESENTATION
Robin Bachelet, Browns on Howes developer, discussed the Hearing Officer’s findings of
incompatibility due to height, mass and design and detailed the parking access for her project
which she believes set an enhanced standard for parking and circulation. She expressed concern
regarding the number of cars that will be added to the alley area from the proposed project and
requested the enhanced standard set by the Browns on Howes project be followed. Ms. Bachelet
expressed concern regarding views from outdoor spaces at her project being blocked by the
proposed project.
Christian Bachelet, Browns on Howes developer, stated Browns on Howes would not have been
built if the proposed project had been built first, therefore setting the enhanced standard for the
block.
Dave Phillips, Browns on Howes builder, stated he was involved in many of the early planning
meetings for the Browns project during which City staff stated this was the best use imaginable
for the site.
July 12, 2016
City of Fort Collins Page 43
APPELLANT REBUTTAL
Ms. Liley stated parking and circulation were not part of the Hearing Officer’s denial and are not
part of the appeal, nor is project size the issue, but rather the mitigation of size effects. She
argued enhanced standard relates to architecture only and cited information from the Landmark
Preservation Commission which encouraged the use of less brick and more lap siding.
Mr. Shuff argued there are no obstructed views to the west from the Browns on Howes project as
the projects are diagonal from one another and do not overlap.
Anthony McNeil supported the project as a large improvement over the existing status of the
area. He urged Council to overturn the Hearing Officer’s denial.
The appellant requested to be allowed to submit letters in support of the project from neighbors
and the opponents accepted their submission.
Nick Haas, Northern Engineering, supported both the proposed project and the Browns on
Howes project as adding to a vibrant and enhanced downtown.
Bob Long supported organized transitions from greater density to less density and supported the
proposed project.
Jim Burrill, historic district applicant, stated the applicants have worked through the Landmark
Preservation Commission process to improve the visual transition to his property.
Gregory Glebe, 325 Cherry Street developer, supported the proposed project
OPPONENT REBUTTAL
Ms. Bachelet stated the Code refers to “enhanced standard” rather than “enhanced architecture”.
She agreed the site needs to be redeveloped but additional work could be done on stepbacks and
compatibility.
COUNCIL DISCUSSION
Councilmember Martinez asked about the statement made that staff assured the Browns on
Howes developers they would have unobstructed views to the west. Clark Mapes, City Planner,
replied staff is unsure what those statements would be referencing and any implication that this
project would be two stories or less cannot be recalled.
Councilmember Martinez asked if staff believes views to the west will be obstructed. Mapes
replied in the negative, stating the Browns project currently looks over an existing single-family
house and its backyard.
Mayor Troxell requested staff input regarding the enhanced standard. Mapes replied the
proposed project uses high quality materials and noted the 9-foot setbacks are behind the right-
of-way lines; therefore, the setbacks are actually 12 and 14 feet including the landscape area.
Staff is of the opinion that this project meets the enhanced standard criteria.
July 12, 2016
City of Fort Collins Page 44
Councilmember Stephens requested an explanation of lap siding and clarification as to whether
or not metal siding will be used. Mapes replied there will be no metal siding and the lap siding is
the equivalent of clapboard siding but is made out of cement fiber.
Councilmember Campana made a motion, seconded by Mayor Pro Tem Horak, that Council find
the Hearing Officer conducted a fair hearing in her consideration of the Maple Mixed-Use
project and did not consider evidence relevant to her decision that was substantially false or
grossly misleading.
Councilmember Campana agreed that some comments made during the hearing may have been
misleading; however, there is no evidence the decision was based upon those comments.
The vote on the motion was as follows: Yeas: Campana, Horak, Troxell, Overbeck, Stephens and
Martinez. Nays: none.
THE MOTION CARRIED.
Councilmember Campana made a motion, seconded by Councilmember Stephens, to overturn
the decision of the Hearing Officer denying approval of the Maple Mixed-Use project because
she failed to properly interpret and apply sections 3.4.7 and 3.5.1 of the Land Use Code and to
overturn the decision of the Hearing Officer denying the modification of standard based on the
findings of fact in the staff report for the original hearing and this appeal.
City Attorney Daggett suggested Council specifically find the modification of standards to be
approved. Councilmember Campana replied that was his intention.
Councilmember Campana stated this is exactly the type of project desired for this location and
questioned why it was denied.
Councilmember Stephens agreed with Councilmember Campana and accepted the modified
language as proposed by City Attorney Daggett.
Mayor Pro Tem Horak requested staff explain how the building and project is compatible with
the surrounding buildings and projects. Mapes replied the pedestrian perspective from the
sidewalk is considered first. In this case, materials utilized are an obvious reference to the
houses in the neighborhood. The long wall faces on Cherry Street Lofts are about as long as the
long faces on the proposed building and the project as a whole will have a similar effect to the
other large buildings on the block.
Mayor Pro Tem Horak stated the conclusions made by the Hearing Officer were clear; however,
their basis was not.
Councilmember Stephens requested additional microphones be added to the room in which
hearings are held.
City Attorney Daggett read the entire motion as follows: "I move to overturn the decision of the
Hearing Officer denying approval of the Maple Mixed-Use project because she failed to properly
interpret and apply the following Land Use code provisions: Section 3.4.7 regarding historic and
cultural resources, Section 3.5.1 regarding building and project compatibility, Section 2.8 and
Section 4.16(d)(5)(e) regarding modification of standard and exterior building materials, and
July 12, 2016
City of Fort Collins Page 45
hereby find that said requirements are met by the project consistent with the findings stated in the
staff report for the administrative hearing, and further find that the modification of the exterior
building materials standard shall be approved because it is not detrimental to the public good and
the plan as proposed will promote the general purpose of the exterior building materials standard
equally well or better than what a complying plan would because it relates well to the wood
siding on the houses found in the adjacent area."
RESULT: HEARING OFFICERE DECISION OVERTURNED [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Horak
ABSENT: Cunniff
2. Consideration of a Motion to Support the Nomination Application of Mayor Pro Tem Horak to
the United States Department of Transportation Advisory Committee on Transportation and
Tourism Infrastructure. (Adopted)
The purpose of this item is to propose a motion in order to support the nomination application of
Mayor Pro Tem Gerry Horak to the US Department of Transportation’s Advisory Committee on
Transportation and Tourism Infrastructure. This advisory committee is comprised of 25
representatives from around the nation and advises the Secretary of Transportation on matters
pertaining to the role of intermodal transportation in facilitating mobility related to travel and tourism
activities.
Councilmember Overbeck made a motion, seconded by Councilmember Stephens, to nominate
Mayor Pro Tem Horak to represent the City on the U.S. Department of Transportation National
Advisory Committee on Tourism and Travel.
Councilmember Stephens requested information about the Committee. Mayor Pro Tem Horak
replied the Committee looks at transportation along with tourism, safety and other things at the
national level.
Councilmember Campana supported the nomination and commended Mayor Pro Tem Horak’s
work on the topic.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bob Overbeck, District 1
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Horak
ABSENT: Cunniff
OTHER BUSINESS
Mayor Pro Tem Horak received Council support to receive feedback regarding improving the
analyses completed by Hearing Officers. He asked how Hearing Officers are evaluated and
reviewed and requested information regarding how many Type I versus Type II hearings occur
and how many of each get appealed.
July 12, 2016
City of Fort Collins Page 46
City Manager Atteberry asked if this is an isolated incident or more general concern. Mayor Pro
Tem Horak replied the Hearing Officer had very few questions to analyze and he questioned the
details of providing feedback to the Hearing Officers.
Councilmember Martinez requested future clarification of the term “substantially false and
grossly misleading”. City Attorney Daggett replied staff will follow up on the question.
ADJOURNMENT
The meeting adjourned at 7:45 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 47
July 19, 2016
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 Item No. 13, Resolution 2016-055 Setting for August 16, 2016, a
noticed public hearing for the City Council’s Consideration of an Ordinance Authorizing the
Organization of the Midtown Business Improvement District, will be postponed until July 26 as
the required petitions have not yet been submitted.
CITIZEN PARTICIPATION
Eric Sutherland discussed a loan extended by the URA Board for the Rocky Mountain
Innosphere , stating the loan the City made to the URA for that purpose will not be repaid. He
opposed the use of TIF for the Innosphere.
Liz Derbyshire stated short-term rentals challenge the integrity of the City’s zoning, occupancy
and related regulations. She encouraged Council to prohibit non-primary rentals.
Debra (no last name given) stated charges made to customers are being padded by Fort Collins
Utilities for costly projects such as the Smart Meter program.
Bob Sutton, Fort Collins Board of Realtors, requested Council provide direction to staff to
conduct an extensive ten-year performance review of the U+2 occupancy ordinance with a
particular focus on the impacts of affordability in neighborhoods.
Eric Tamme requested Council direct staff to begin drafting regulations for short-term rentals to
more accurately align with the City’s zoning and planning documents.
Michelle Haefle encouraged the regulation of short-term rentals in residential zones as City Code
clearly defines lodging as any rental less than 30 days. She requested that definition be included
in the Land Use Code and encouraged its enforcement in every district.
Rick Hausman, Fort Collins Board of Realtors, requested Council instruct staff to conduct a
review of the U+2 ordinance with a focus of its effect on neighborhoods and affordability.
Mike Knowles discussed the potential impacts of staff's proposed STR regulations. He
suggested denying non-primary STRs in residential zones and encouraged a minimum proximity
regulation.
Will Flowers, Fort Collins Board of Realtors, requested a review of the U+2 ordinance.
July 19, 2016
City of Fort Collins Page 48
Paul Patterson discussed the impacts of short-term rentals on neighborhoods and suggested
limiting STRs to primary residences only.
Cindy Minatta, Fort Collins Board of Realtors, requested Council instruct staff to conduct a
review of the U+2 ordinance with a focus on affordability.
Nick Haas commended Item No. 3, Second Reading of Ordinance No. 084, 2016, Appropriating
Prior Year Reserves in the Data and Communications Fund for Implementation of Electronic
Plan Review, as being a substantial improvement to building permit reviews and commended
Item No. 6, First Reading of Ordinance No. 085, 2016, Amending Sections 26-98 and 26-128 of
the Code of the City of Fort Collins Regarding Fire Sprinkler Systems for Single Family
Attached Homes, as it had the potential to impact housing affordability. He suggested housing
affordability and neighborhood protection can be better addressed.
Lynn Barker discussed the need for affordable housing in the community and cautioned Council
against simply accepting data and numbers provided by staff.
Deborah James discussed the camping ban and two deaths caused by hypothermia.
Clint Skutchan, Fort Collins Board of Realtors, discussed the importance of housing
affordability, including rental housing affordability with regard to the U+2 ordinance.
Margaret Mitchell questioned how short-term rentals will affect zoning and encouraged the
implementation of regulations.
Pranaya Sathe, ASCSU, requested Council instruct staff to conduct a review of the U+2
ordinance with a focus on affordability and encouraged a discussion to better maintain campus
and community relations in line with the growth of the city.
William Montgomery discussed fencing being placed within a public right-of-way and stated he
was arrested for climbing the fence, claiming that action was not illegal.
Eddie Kendall thanked Council and staff for their work for the City and commended the
hospitality of Councilmembers.
David Montgomery discussed a special agency tribunal that helps with homeless-related tickets.
He questioned why he and his brother were disqualified from utilizing the tribunal.
Reed Mitchell stated short term rentals cannot be allowed for economic reasons, such as the
development of a new downtown hotel.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Campana asked if a study regarding U+2 has already been completed as part of
the affordable housing study. Deputy City Manager Jeff Mihelich replied that topic was studied
as part of the affordable housing study, but not to the depth the Board of Realtors is requesting.
July 19, 2016
City of Fort Collins Page 49
Councilmembers Campana and Martinez supported a more comprehensive study with
community involvement. City Manager Atteberry suggested a meeting with Mr. Skutchan
regarding the scope of their request and returning to Council with additional details and the
effect on the Work Plan.
Councilmember Cunniff opposed spending a great deal of money to evaluate the U+2 ordinance
at this time; however, he suggested additional data could be helpful. He suggested consideration
of the low-density single-family neighborhoods separately from other zone uses.
Councilmember Martinez noted there is public interest in evaluating the U+2 ordinance.
Councilmember Stephens asked about the special agency session mentioned by Mr. Montgomery
and whether that offer would not be extended to certain individuals for some reason. City
Attorney Daggett replied special agency session is an alternative path for defendants who chose
to plea bargain their offenses. It is typically not available to those not interested in obtaining the
services available through that program and are not interested in seeking help. Other
considerations include the type of offense and whether the program would offer benefit to the
defendant.
Councilmember Stephens asked if defendants are made aware of the option when going through
the system. City Attorney Daggett replied it is discussed with the defendants as part of the plea
bargain conversation.
Mayor Pro Tem Horak stated utilities and their operations are consistently studied to ensure
fairness in rates. City Manager Atteberry noted the utility rate ordinances for 2017-2018 will be
formally considered by Council on November 1.
CONSENT CALENDAR
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
1. Consideration and Approval of the Minutes of the June 21, 2016, Regular Council Meeting.
(Adopted)
The purpose of this item is to approve the minutes from the June 21, 2016, Regular Council meeting.
2. Second Reading of Ordinance No. 083, 2016, Approving a Revision to the Airport Operating
Budget and Appropriating Reserves in the Airport Fund for the Northern Colorado Regional
Airport to Complete the Strategic Plan Goals. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 5, 2016, approves an amendment to
the 2016 Airport operating budget and appropriates funds from the Airport Fund to initiate work
associated with the Airport Strategic Plan. The 2016 Airport operating budget will be amended to
authorize expenditure of the total amount of $165,000 from the Airport Fund. The City of Fort Collins
July 19, 2016
City of Fort Collins Page 50
will appropriate 50% ($82,500) of the total $165,000 request, and the City of Loveland will be
providing the other half of the appropriation. This appropriation is needed as the funding resources
were not included in the adopted 2016 Airport Budget approved by Council and expenditure of
additional funds not included in the Budget requires City Council appropriation as outlined in the
current Intergovernmental agreement between the Cities.
3. Second Reading of Ordinance No. 084, 2016, Appropriating Prior Year Reserves in the Data
and Communications Fund for Implementation of Electronic Plan Review. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 5, 2016, appropriates funds from the
reserves of the Data and Communications Fund for implementation of electronic plan review as part
of the building permit and development review process.
4. Second Reading of Ordinance No. 087, 2016, Designating the Leo and Hilda Ritter Property,
720 West Oak Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on July 5, 2016, designates the Leo and
Hilda Ritter property located at 720 West Oak Street as a Fort Collins Landmark. The owners of this
property, Margaret M. Kool Dunn and Robert Louis Dunn 3rd, are initiating this request.
5. First Reading of Ordinance No. 089, 2016, Appropriating Unanticipated Grant Revenue in the
General Fund and Transferring Funds from the Community Development and Neighborhood
Services Operating Budget in the General Fund to the Restorative Justice Grant Project.
(Adopted)
The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within
Community Development and Neighborhood Services (CDNS). A grant in the amount of $56,192
has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for
the continued operation of Restorative Justice Services, which includes the RESTORE program for
shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other
offenses. Required match is $18,731, which is 25% of the total grant (total grant = state funds
$56,182 + match $18,731). The match requirement will be met by transferring $9,646 in appropriated
funds from the CDNS operating budget designated for restorative justice to the grant project, and by
a $9,085 match designated in the form of office space provided by the City for grant funded services.
The grant period for is July 1, 2016 to June 30, 2017. This is the third year in a 3-year cycle for the
Juvenile Diversion grant.
6. First Reading of Ordinance No. 085, 2016, Amending Sections 26-98 and 26-128 of the Code
of the City of Fort Collins Regarding Fire Sprinkler Systems for Single Family Attached
Homes. (Adopted)
The purpose of this item is to create a new rate class to accommodate the short-term high flow rate
water service demands for single family attached homes with residential fire suppression systems
and to make related changes regarding water meter requirements and installation. Changes to the
International Residential Code adopted by the City in 2014 increased the short-term high flow rate
water service demands for single family attached homes (such as townhomes and condominiums)
due to the inclusion of residential fire suppression systems. Staff is proposing that a new rate class
be created in order to accommodate these demands and to make related changes regarding water
meter requirements and the installation related to fire sprinkler systems for single family attached
homes.
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7. Items Relating to the Majestic Place Annexation. (Adopted)
A. Resolution 2016-051 Setting Forth Findings of Fact and Determinations Regarding the Majestic
Place Annexation.
B. Public Hearing and First Reading of Ordinance No. 090, 2016, Annexing the Property Known as
the Majestic Place Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex 19.93 acres located at 2150 Rock Castle Lane (southeast of
Timberline Road and Trilby Road) which is presently vacant. The Initiating Resolution was adopted
on June 7, 2016. The property is located within the Fossil Creek Reservoir Area Plan. A related
item to zone the annexed property is presented as the next item on this Agenda.
8. Public Hearing and First Reading of Ordinance No. 091, 2016, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Majestic Place Annexation to the City of Fort Collins, Colorado. (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.
The purpose of this item is to zone the property included in the Majestic Place Annexation, located at
2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road), into the Urban Estate zone
district.
9. First Reading of Ordinance No. 092 , 2016, Authorizing the Conveyance of a Permanent Utility
Easement and a Temporary Construction Easement on City Property at the Northern
Colorado Regional Airport to the City of Loveland. (Adopted)
The purpose of this item is to authorize the conveyance of a permanent utility easement and a
temporary construction easement to the City of Loveland at the Northern Colorado Regional Airport.
The City of Fort Collins and the City of Loveland each own a 50% interest in the Airport property.
The City of Loveland is extending its electrical service to this area. The proposed permanent
easement area borders Boyd Lake Avenue and County Road 30 and the temporary construction
easement is along the easement on County Road 30.
10. Resolution 2016-052 Making Findings of Fact and Conclusions of Law Regarding the Appeal
of the Hearing Officer Decision Denying the Maple Mixed Use Project Development Plan, PDP
150025. (Adopted)
The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the
Hearing Officer decision to deny the 320 Maple Mixed Use Project Development Plan. The appeal
was heard by City Council on July 12, 2016.
11. Resolution 2016-053 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.
12. Resolution 2016-054 Approving the 2016 Certification to the Larimer County Assessor
Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority
Property Tax Increment. (Adopted)
The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax
distributions that are to be allocated for the Downtown Development Authority by the Assessor as tax
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City of Fort Collins Page 52
increment from the 2016 property taxes payable in 2017 to the City and to all other affected taxing
entities.
13. Resolution 2016-056 Recognizing and Supporting the City's Culture and Health in Order to
Join the Healthy Eating and Active Living Cities & Towns Campaign and Fulfill the
Requirements for the Kaiser Permanente Walk & Wheel Colorado Grant Awarded to the City
in 2014. (Adopted)
The purpose of this item is to consider a resolution in support of the City’s culture of health. The
City’s FCMoves Department was awarded a Kaiser Permanente Walk & Wheel grant to fund bicycle
safety education and outreach, Open Streets events, bicycle and pedestrian data collection, an
update to and printing of the Fort Collins bicycle map, and the development of the Fort Collins Bike
Share Business Plan. Joining the HEAL Cities & Towns Campaign of LiveWell Colorado by adopting
this resolution fulfills Kaiser’s expectations for grant recipients.
CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff requested additional information regarding City plans to track water
usage and ensure it has the correct raw water buy-in requirements over time. Jon Haukaas,
Water Utilities, replied the information comparing the pipe sizes is trackable.
STAFF REPORTS
COUNCILMEMBER REPORTS
Councilmember Martinez reported on the Salvation Army’s monthly report.
Councilmember Overbeck reported on the Buckeye neighborhood’s 37
th
annual neighborhood
gathering.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
14. Resolution 2016-055 Setting for August 16, 2016, a Noticed Public Hearing for the City
Council’s Consideration of an Ordinance Authorizing the Organization of the Midtown
Business Improvement District. (Postponed to July 26, 2016)
The purpose of this item is to consider the adoption of a resolution setting a public hearing date for
August 16, 2016 to consider the formation of a Business Improvement District within Midtown Fort
Collins. Adoption of the Resolution only sets the public hearing date for consideration of this matter.
RESULT: Resolution 2016-055 Postponed to July 26, 2016
DISCUSSION ITEMS
15. Second Reading of Ordinance No. 082, 2016, Appropriating Proceeds from the Issuance of
City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding
Bonds, Series 2016A, in the Maximum Aggregate Principal Amount of $21,900,000 in the
Wastewater Utility Fund. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on July 5, 2016 by a vote of 6-0 (Horak recused)
appropriates the proceeds from the Revenue Refunding Bond, series 2016A, for the purpose of
refinancing the callable portion of the 2009A Revenue Bonds. Proceeds will be used to pay off
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City of Fort Collins Page 53
callable bonds as well as pay for cost of issuance fees. The proceeds from the original 2009A bonds
of $30.7 million were used to make improvements to the Mulberry Water Reclamation Facility.
Savings are anticipated to be $2.4 million.
Mayor Pro Tem Horak withdrew from the discussion of this item due to a conflict of interest.
Councilmember Campana made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 082, 2016, on Second Reading.
Councilmember Cunniff stated the use of the money is directed by Council as the Wastewater
Board and suggested once a specific capital need is identified in the plans, this money will be
returned to the rate payers unless other operational costs arise.
RESULT: ORDINANCE NO. 082, 2016, ADOPTED ON SECOND READING [6 TO 0]
MOVER: Gino Campana, District 3
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
RECUSED: Horak
16. Second Reading of Ordinance No, 081, 2016, Appropriating Prior Year Reserves in the
General Fund for 2016 Projects Associated with the 2020 Climate Action Plan (CAP) Strategic
Plan. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on June 21, 2016, appropriates funding from
the prior year reserves in the General Fund to implement two initiatives outlined in the Draft 2020
Climate Action Plan (CAP) Strategic Plan. First, the Ordinance appropriates $85,000 accumulated
during 2015 and 2016 in the Waste Innovation Fund account into the City’s General Fund account to
initiate the Municipal Green Waste (Composting) Site Initiative. Second, based on direction at First
Reading, the Ordinance also appropriates $1,460,000 from the General Fund to provide energy
efficiency rebates for the business community ($1.37M) and the Efficiency Works Neighborhoods
Pilot ($0.09M) through 2016.
Deputy City Manager Mihelich stated three Climate Action Plan initiatives are ready for funding
and implementation. The initiatives include municipal green waste composting, energy
efficiency business incentives, and solar incentives and rebates. Mihelich presented information
regarding cost savings as well as expenditures.
Tom Hoehn supported funding of the three programs and commended the public-private
partnership between the City and residents.
Hunter Buffington encouraged allowing people who are already investing in energy efficiency in
their businesses to continue to do so.
Mike Truitt spoke on behalf of contractors who have benefitted from the rebate program.
Jeff Morisette discussed global warming and encouraged funding of the programs.
Kevin Cross, Fort Collins Sustainability Group, supported funding of the two energy efficiency
programs. He opposed pausing either of those programs mid-year and discussed the importance
of the programs in meeting the CAP goals.
Eric Sutherland requested the amount of Light and Power reserves used to fund the new utility
building. He opposed the City tax on food for home consumption and argued emphasis should
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City of Fort Collins Page 54
be placed on providing energy efficiency upgrades for housing that needs it most rather than on
lower rates.
Councilmember Cunniff noted a food tax rebate program does exist.
Councilmember Martinez supported placing the CAP on the ballot.
Councilmember Stephens requested additional information regarding the food tax rebate
program. Mike Beckstead, Chief Financial Officer, replied that information is on the website
and can be placed on the home page, noting the program runs from August through October and
involves extensive community outreach. Participation in the program has increased from 1,100
to about 1,500 in the past few years.
Councilmember Campana asked how program success will be measured. John Phelan, Energy
Services Manager, replied that success has been historically measured by looking at the program
portfolio and the utilities investment in those programs and comparing that to the wholesale cost
of electricity. In terms of the CAP, some additional metrics such as dollars per ton are being
considered.
Councilmember Campana asked if a mechanism is in place to adjust the requirements or criteria
of the rebates. Phelan replied the rebate amounts and technologies are examined annually.
Councilmember Campana supported the staff recommendation of a 60 day postponement as
being part of the plan, do, check, act process. City Manager Atteberry replied the
recommendation to delay the program was based on preserving all the options for Council going
into the 2017-2018 budget and noted the recommendation for postponement came from the CAP
executive team.
Councilmember Campana asked if hybrid options have been considered. Mihelich replied staff
did consider a scaled option with varying commitment levels.
Mayor Troxell asked about the difference in the CAP between electric energy and thermal
energy. Phelan replied thermal energy is impacted by some of the new home Code-related
initiatives. Most of the modeling deals with electric energy and a portion relates to natural gas.
Mayor Troxell asked about the target use inventory. Phelan replied electricity represents about
half of the climate inventory and about a quarter is from natural gas which is mostly home and
business heating.
Councilmember Martinez asked about the accuracy of a Coloradoan story indicating the four
greatest entities contributing about 20% of the area's emissions. Phelan replied in the
affirmative, noting those customers are eligible for rebates.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 081, 2016, on Second Reading.
Mayor Pro Tem Horak stated this makes financial sense and is therefore easy to support. He
commented on the clean energy economy and supported moving forward.
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City of Fort Collins Page 55
Councilmember Campana noted he is still unsure which metrics are being used to measure
success and questioned whether or not this actually makes financial sense. He stated he would
support additional funding for the program given data to make an informed decision.
Councilmember Cunniff stated collecting data and measuring effectiveness are necessary;
however, he stated General Fund reserves have been closely monitored for the purpose of
climate action spending and this expenditure does not put the City in jeopardy nor is it
unexpected. He also supported potentially backfilling the General Fund reserves in the future.
Councilmember Stephens stated she would support this item and commended the success of the
energy efficiency program thus far.
Councilmember Martinez asked if rates would go up if these funds were taken from electric
reserves. Beckstead replied this one action would likely not cause a rate increase.
Councilmember Martinez commended the program as a whole; however, he noted the program
should go through the budget process.
Mayor Pro Tem Horak stated the reserves are being used as part of an opportunity and there is a
2:1 cost savings ratio. This expenditure makes sense and saves money.
Councilmember Campana stated Councilmembers committed to each other that they will debate
and evaluate its implementation.
Mayor Troxell expressed concern regarding prioritization and supported the staff
recommendation to postpone 60 to 90 days. Beckstead stated the original staff recommendation
was to let this be a part of the budget process. Staff did not anticipate funding to come from the
General Fund or the Light and Power Fund.
City Manager Atteberry stated he would like to return with a reaffirmation of sales and use tax
funding or Light and Power funding.
Councilmember Campana asked about the demand for funds. Phelan replied customers have
been told staff is considering moving to a wait list because of limited funds. The number of
applications has dropped dramatically as applicants are holding on to them.
Councilmember Campana discussed a hybrid option which would include an amount of money
that would allow business to continue to take place in combination with increasing standards for
rebates.
Councilmember Overbeck requested information regarding the Air Quality Advisory Board
recommendation. Phelan replied the Board recommended the City fully and immediately fund
the $1.46 million required for the business efficiency rebate program and efficiency works
neighborhood pilot program. He stated the amount and source of funding is guided by Council
and noted these programs are collaboration between Platte River Power Authority and its other
member cities. City Manager Atteberry noted the budget schedule and stated there will be no
funding for this program until January 1 without supplemental funding.
Mayor Troxell stated he would support the motion in the spirit of trying to work toward
something in the next week. He discussed the importance of prioritization moving forward.
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City of Fort Collins Page 56
RESULT: ORDINANCE NO. 081, 2016, ADOPTED ON SECOND READING [5 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak
NAYS: Martinez, Campana
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
17. Second Reading of Ordinance No. 088, 2016, Designating the Coy Farmstead Barn and Milk
House Located on the Woodward Technology Center Subdivision as Individual Fort Collins
Landmarks pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted as
Amended on Second R)
This item has been treated as a quasi-judicial matter and will be considered in accordance with the
procedures established by the Mayor, with the consent of the Council, as described in Section 1(e) of
the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091.
This Ordinance, adopted on First Reading by a vote of 6-1 (Nays: Cunniff), designates the Coy
Farmstead, located on the Woodward Technology Center property, as a Fort Collins Landmark. The
Coy Farmstead currently consists of an 1866 stone and timber barn and a c.1900 brick milk house.
Two historic silos associated with the property were recently removed.
Non-substantive changes to Section 6 of the Ordinance adopted on First Reading were made to
clarify the meaning of the language.
Mayor Troxell outlined the process for this item.
Councilmember Cunniff mentioned general concern regarding quasi-judicial proceedings with
regard to landmark designation.
Chris Fawzy, General Counsel for Woodward, noted the consensual portion of the designation is
based on what Woodward submitted to Council at the July 5 hearing. Since that time, various
language changes were suggested by the City. As a result, Woodward agrees with the notion of
successor in title to the designated property; however, should Woodward be a continued
occupant of the property, it does not want to lose its right to withdraw consensual designation
should another hearing occur. Mr. Fawzy read Woodward’s suggested language. Woodward
does not want to suggest that it would be obligated to exhaust all appeals in order for the consent
to be withheld.
City Attorney Daggett supported the recommended wording changes.
Councilmember Cunniff asked if any of the parties-in-interest in support of non-consensual
designation have seen the language. City Attorney Daggett replied in the negative.
Bill Woodley suggested it would not be beneficial to oppose the wording changes.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 088, 2016, as amended, on Second Reading.
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City of Fort Collins Page 57
Councilmember Cunniff expressed concern regarding quasi-judicial proceedings with regard to
landmark designation and discussed the ability of corporations and large entities to access legal
representation. He expressed disappointment the new language was not discussed with
supporters of non-consensual designation and stated he could not support the motion at this time.
Councilmember Overbeck stated he would not support the motion.
Mayor Troxell stated he would support the motion and commended the work of both sides to
arrive at the designation.
RESULT: ORDINANCE NO. 088, 2016, ADOPTED AS AMENDED ON SECOND READING
[5 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
18. First Reading of Ordinance No. 093, 2016, Amending the City Code Pertaining to the
Disposition of Tangible Personal Property. (Adopted on First Reading)
The purpose of this item is to amend the City Code to eliminate the current provisions pertaining to
disposition of tangible personal property and replace with a reference to administrative procedures.
The disposition of lost, abandoned, unclaimed or unattended tangible personal property found within
a natural area, park, trail, other outdoor City property, and within a City facility will be governed by
administrative policies adopted by the City Manager and on file in the City Clerk’s Office. The
disposition of firearms, illegal property, identification documents, financial transaction devices,
computers or electronic items that store personal identification information will be governed by Fort
Collins Police Services Standard Operating Procedures.
Wendy Williams, Assistant City Manager, stated this item amends City Code relating to the
disposition of tangible personal property and authorizes an administrative policy that would be
adopted by the City Manager. The current Code requires an inventory process through the Police
Services evidence system and storage for no less than 30 days. The amount of unclaimed
property has increased drastically lately which has overwhelmed the system. Staff is
recommending a new administrative policy that is practical, consistent, and changeable as
necessary. The policy has a definition of trash to include perishable and hazardous items, and
items of little or no value. A 72-hour notice would be placed on items and, if not removed, items
deemed “not trash” would be stored at the Parks facility for 30 days. Additionally, the City is
planning to partner with a service provider to distribute unclaimed items in accordance with its
purchasing procedures.
Lynn Thompson, Fort Collins Homeless Coalition, supported the balance and due process
considerations being made with this proposal; however, she expressed concern regarding the
distinction being made between single items and multiple items. She also encouraged additional
publication regarding where items can be found.
In terms of what constitutes a single item, Williams stated a single item would be considered one
item; bags will not be gone through to determine the presence of additional items. However,
backpacks and bags will be inventoried upon arrival at the Parks Shop and held for 30 days as all
other items would be.
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City of Fort Collins Page 58
Mayor Pro Tem Horak requested information for addressing single items separately. Williams
replied this was a last minute change made at the request of District 1 Police Officers as one item
is often left behind or is lost and rather than going through the process of tagging the item, it
would simply be moved to the Parks Shop and held for 30 days. Williams supported publishing
claim information in various locations.
Mayor Pro Tem Horak suggested creating a viewable database of items.
Councilmember Stephens asked where the Parks Shop is located. Williams replied it is on Bryan
Street near City Park golf course.
Councilmember Stephens encouraged the use of judgment with larger single items such as a tent
or backpack.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 093, 2016, on First Reading.
Mayor Pro Tem Horak suggested quarterly reports to Council regarding the changes made to the
process over time.
Councilmember Stephens commended staff work on the item and supported the compromise
solution.
RESULT: ORDINANCE NO. 093, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
19. First Reading of Ordinance No. 094, 2016, Appropriating Prior Year Reserves in the Capital
Expansion Fund for Transfer to the Capital Projects Fund and the Cultural Services and
Facilities Fund for the Art in Public Places Program for the Southeast Community Park.
(Adopted on First Reading)
The purpose of this item is to request appropriations for the Southeast Community Park Project in
the amount of $1.6M from the Community Parkland Capital Expansion Reserves. The park is
currently under construction and scheduled to open in 2017. An additional appropriation is needed to
fully fund the park as designed.
Kurt Friesen, Director of Park Planning and Development, discussed the community outreach
process and resulting plan changes for the Southeast Community Park. Friesen detailed the six
planned farm experiences and other aspects of the park design. The funding request is for $1.6
million which will come from community parkland capital expansion reserves. $780,000 will be
set aside for contingency.
Eric Sutherland stated disparity in public finance should be avoided and discussed the disparity
between north and south Fort Collins specifically in terms of water rates. He suggested Timnath
should have contributed to the cost of the park.
Scott Sinn, Parks and Recreation Advisory Board Chair, commended the Southeast Community
Park and updates provided to the Board by staff. However, he stated the Board has not had the
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City of Fort Collins Page 59
opportunity to review the additional funding request proposed and therefore cannot make a
recommendation for or against a course of action.
Bruce Henderson, Parks and Recreation Advisory Board Vice Chair, reiterated Mr. Sinn's
comments and commended the park design. He encouraged Council to do its due diligence in
terms of weighing the park's features and budget.
Councilmember Overbeck asked if the metal silos will cause a burn risk. Friesen replied staff
has done testing on the silos and the exterior of the silos in full sun is at about 95 degrees. The
silos will be painted inside and out and the insulating qualities of the paint should address the
heat issue. Other means of addressing the heat are also available.
Councilmember Cunniff commended the park design and suggested it is not extravagant in its
design. He asked if the Nature in the City and stormwater funds for the park will come before
Council for a subsequent appropriation. Friesen replied those funds have already been
appropriated.
Councilmember Cunniff stated he would like the Parks and Recreation Board to be able to
provide feedback on prioritization. He asked where the stream lies in the stormwater stream
restoration priority plan. Friesen replied the stream, in its current state, is not acceptable due to
erosion; therefore, it makes sense to handle it at this time.
Councilmember Cunniff stated this is evidence that construction costs with respect to capital
construction and land acquisition for community parks need to be reevaluated. City Manager
Atteberry agreed and stated that conversation will begin with the Finance Committee.
Mayor Pro Tem Horak asked why this item was not on last month's Parks and Recreation Board
agenda. Friesen replied both he and Craig Kisling were out of town at that time. The Board was
offered the opportunity for a special session to discuss the financing issue but opted not to do so.
Councilmember Campana stated Parks and Recreation Board minutes dating back to last fall
included comments and discussion about the budget shortfall. Friesen agreed but stated there
was not time for the Board to hear information regarding the options as presented at the Council
work session.
Mayor Pro Tem Horak stated he was assured at the last work session that this has been fully
vetted by the Board throughout the process. This should have been discussed despite Friesen and
Kisling being out of town.
Councilmember Martinez asked about the ground material. Friesen replied it is engineered wood
fiber, is commonly used in playgrounds and is considered an accessible surface.
Councilmember Martinez stated he would like additional information regarding the accessibility
of the surface.
Councilmember Overbeck asked about the toxicity of the ground cover. Friesen replied poured-
in-place surfacing is not being used because of its replacement cost. Some rubberized material is
being used; however, it has no off-gassing properties.
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City of Fort Collins Page 60
Councilmember Campana requested additional information regarding the need for additional
funding. Friesen replied cost estimates were completed throughout the design phase; however,
once the project was put out for a bid, it was determined the project was over budget and the
initial appropriation was not enough.
Councilmember Campana encouraged staff to go back before the Parks and Recreation Board to
seek an improved relationship; however, he stated he would support funding for the park.
Councilmember Martinez asked about the possibility of moving a Transfort stop closer to the
park. City Manager Atteberry stated that will be discussed.
Councilmember Martinez asked about the ability for individuals to fly drones at the park. City
Manager Atteberry replied that is prohibited in City parks and natural areas.
Councilmember Overbeck asked when the Land Conservation and Stewardship Board and
Natural Resources Advisory Board will look at this topic. City Manager Atteberry replied it will
be presented as soon as possible in regard to Nature in the City dollars.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 094, 2016, on First Reading.
Mayor Pro Tem Horak asked if the Commission on Disability has had this item before them.
Friesen replied staff works with a professional consultant regarding accessibility; however, the
Commission on Disability has not reviewed the project.
Mayor Pro Tem Horak and Councilmember Martinez encouraged staff to present the item before
the Commission.
Council discussed a possible new standard for identifying appropriate boards and commissions to
review various projects.
Mayor Pro Tem Horak requested a memo regarding Board input prior to Second Reading.
Mayor Troxell commended the park design and staff and Board work on the item.
Councilmember Martinez asked if a ground breaking ceremony will occur. Friesen replied it
will be August 4th.
RESULT: ORDINANCE NO. 094, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
20. Resolution 2016-057 Appointing Two City Representatives to the Larimer County Housing
Affordability Working Group. (Adopted)
The purpose of this item is to appoint two City representatives to serve on a working group convened
by the Larimer Board of County Commissioners to pursue local, regional, and state-level solutions to
make housing more affordable in Larimer County.
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City of Fort Collins Page 61
City Manager Atteberry recommended that one of the appointed members be Sue Beck-Ferkiss,
Social Sustainability Specialist.
Eric Sutherland discussed affordable housing and growth and development in Timnath.
Mayor Troxell discussed a recent meeting regarding affordable housing which included Timnath
and Fort Collins.
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt
Resolution 2015-057, with Councilmembers Martinez and Stephens as the representatives.
Councilmember Overbeck suggested including the City's high standards in all realms in the
conversations moving forward.
RESULT: RESOLUTION 2016-057 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
Councilmember Campana requested a status update regarding the College and Prospect
intersection. City Manager Atteberry replied he will be presenting a memo Thursday with the
hope of having a decision back to Council within a month and potentially sooner. Council will
be presented a series of options with tradeoffs.
Councilmember Campana discussed the Land Use Code policy relating to extra occupancy and
stated that option needs to be more widely publicized.
Councilmember Cunniff requested staff examine the City’s open books web site for Council
expenditure functionality.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to extend the
meeting past 10:30 PM to consider two motions regarding upcoming Council meetings.
RESULT: MOTION TO EXTEND MEETING PAST 10:30 PM [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 cancel the
August 2, 2016 Council meeting as permitted under Section 2-20 of the City Code so
Councilmembers may participate in the annual Neighborhood Night Out.
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City of Fort Collins Page 62
RESULT: AUGUST 2, 2016, REGULAR MEETING CANCELED [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 Martinez, to adjourn to 6:00
PM, Tuesday, July 26, 2016, to consider an Ordinance establishing a Midtown Improvement
District and other such business as may come before the City Council.
RESULT: ADJOURN TO 6:00 PM, TUESDAY, JULY 26, 2016, ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 10:38 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 63
July 26, 2016
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT: Overbeck
Staff Present: Atteberry, Daggett, Winkelmann
AGENDA REVIEW
City Manager Atteberry stated Item No. 1, Items Relating to the Organization of the Midtown
Business Improvement District, has been withdrawn from the agenda. He recommended Council
consider going into an Executive Session under Other Business prior to consider Item No. 2,
First Reading of Ordinance No. 097, 2016, Calling a Special Municipal Election to be Held in
Conjunction with the November 8, 2016 Larimer County General Election.
1. Items Relating to the Organization of the Midtown Business Improvement District.
(Withdrawn)
A. Resolution 2016-055 Setting for August 16, 2016, a Noticed Public Hearing for the City Council’s
Consideration of an Ordinance Authorizing the Organization of the Midtown Business
Improvement District.
B. First Reading of Ordinance No. 095, 2016, Establishing the Midtown Business Improvement
District, Appointing the Initial Members of the Board of Directors of the District, Approving the
District’s Initial Operating Plan and Preliminary 2017 Budget, and Designating the Service Area of
the District.
The purpose of this item is the formation of a Business Improvement District (BID) within Midtown
Fort Collins. The Midtown BID’s purpose is to increase commercial and economic activity within the
district by focusing on promotion, placemaking, and programming.
RESULT: WITHDRAWN
1. Resolution 2016-058 Accepting Advisory Opinion and Recommendation No. 2016-01 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.
City Attorney Daggett stated this item approves Ethics Opinion 2016-1. She reviewed the
purpose of the Ethics Review Board and stated this particular process was initiated when
Councilmember Campana submitted an inquiry in response to discussions among various
boardmembers related to the extent to which a member of a board or commission, after having
declared a conflict, may take action as a private citizen to influence the decision of his or her
board. Code language states that once a conflict is declared, an individual must refrain from
voting on, attempting to influence, or otherwise participating in such decision in any manner as
an officer or employee.
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The Ethics Review Board approved Ethics Opinion 2016-1 which was detailed by City Attorney
Daggett.
Councilmember Campana made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2016-058.
Councilmember Campana commended the work done by the Ethics Review Board and City
Attorney Daggett. He discussed the need for additional board work on language clarification.
Councilmember Cunniff thanked the Board for considering his concerns and requests.
City Attorney Daggett suggested language could be crafted by early September.
RESULT: RESOLUTION 2016-058 ADOPTED [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT: Overbeck
2. First Reading of Ordinance No. 097, 2016, Calling a Special Municipal Election to be held in
Conjunction with the November 8, 2016 Larimer County General Election. (Adopted on First
Reading)
The purpose of this item is to call a Special Municipal Election to be held in conjunction with the
November 8, 2016 Larimer County General Election, and preserves the opportunity for Council to
place Council-initiated or referred issues on the November ballot. If Council decides to place any
measures on the ballot, it would need to do so no later than at its September 6 meeting. If Council
does not take action by ordinance or resolution before the statutory deadline (September 9) to certify
ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance
will be of no further force and effect.
This Ordinance does not submit a specific measure to the November 8, 2016 ballot. Adoption of this
Ordinance is a required step in preserving the option for City Council to submit any ballot measures
that Council may desire, at the November 8, 2016 General Election.
Eric Sutherland discussed constitutional rights related to TABOR items on the ballot.
Councilmember Campana requested information regarding the proper notice to the County Clerk
and potential dilemma related to such notice. City Clerk Winkelmann replied she has been in
discussions with County Clerk Meyers and the City will notify Larimer County via letter if the
City plans to participate. If this item is adopted, a letter would be hand-delivered tomorrow,
which is in advance of the 100-day requirement.
City Attorney Daggett read the statutory provision which addresses the topic.
Councilmember Cunniff asked why this item is an ordinance. City Attorney Daggett replied the
process of calling a special election requires an ordinance.
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 097, 2016, on First Reading.
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City of Fort Collins Page 65
Councilmember Campana supported the placement of the item on the ballot and expressed his
hope that voters will recognize the City's prudent spending.
Mayor Pro Tem Horak noted staff does examine and address concerns brought to them by
citizens.
RESULT: ORDINANCE NO. 097. 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT: Overbeck
3. First Reading of Ordinance No. 096, 2016, Appropriating Prior Year Reserves in the General
Fund and in the Light and Power Fund for Continuation of Energy Efficiency Initiatives
Associated with the 2020 Climate Action Plan (CAP) Strategic Plan and Rescinding Ordinance
No. 081, 2016. (Adopted on First Reading)
The purpose of this item is to rescind Ordinance No. 081, 2016 (Adopted on July 19, 2016) and
amend the $1,460,000 appropriated by Ordinance No. 081, 2016; appropriating from the General
Fund $730,000, and $730,000 from the Electric Utility Light & Power fund, for continuation of energy
efficiency programs in 2016, as outlined in the draft 2020 Climate Action Plan (CAP) Strategic Plan.
Ordinance No. 081, 2016 will become effective as originally adopted and shall provide funding until
this Ordinance becomes effective, i.e., funding for the Energy Efficiency Programs up to $730,000
will not be further delayed pending Second Reading of this Ordinance.
Kevin Gertig, Utilities Executive Director, stated this item rescinds Ordinance No. 081, 2016,
adopted on Second Reading on July 19, 2016, and splits $1.46 million of efficiency funding
50/50 between the General Fund and the Light and Power Reserves. The logic behind this split
relates to the sharing of City and Utilities goals for the Climate Action Plan and Energy Policy
and is consistent with historical splits.
Eric Sutherland discussed metrics and encouraged a data-driven approach addressing the
program's success.
Councilmember Cunniff stated there was an indication from many contractors that the lapse in
funding halted future projects and requested additional information regarding obtaining objective
metrics. John Phelan, Energy Services Manager, replied customers and contractors were notified
of the wait list status approximately 6 weeks ago. Following that notification, there was a 47%
decrease in the number of applications being received. Restarting the program will provide an
additional data point on the rate of applications. In terms of additionality, cost effectiveness, and
savings impact, discussions have begun regarding hiring a third-party consultant to provide a
formal evaluation of the programs.
Councilmember Campana questioned the usefulness of the statistics relating to the number of
applications. Phelan agreed but noted there are few other data points regarding that issue to
provide.
Mayor Pro Tem Horak noted Longmont and Estes Park both changed their incentive cap number
and asked how that relates to Fort Collins. Phelan replied the other cities generally do not
contribute as much as Fort Collins because of differing community goals. Both cities have
reduced their caps and are out of funding for the year at this point.
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Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 096, 2016, on First Reading.
Councilmember Martinez commended the program but opposed the funding change stating
voters should be allowed to consider the overall program.
Councilmember Campana commended the work done on this topic but stated difficult decisions
loom ahead regarding the Climate Action Plan.
Mayor Pro Tem Horak noted this item deals primarily with an efficiency works program among
Platte River Power Authority and its member cities.
Councilmember Campana discussed the need to look at all initiatives collectively as part of the
Plan and agreed with Councilmember Martinez' suggestion regarding the placement of the Plan
on a ballot.
RESULT: ORDINANCA NO. 096, 2016, ADOPTED ON FIRST READING [4 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Troxell, Cunniff, Horak
NAYS: Martinez, Campana
ABSENT: Overbeck
OTHER BUSINESS
Councilmember Cunniff received Council support to direct the City Attorney to prepare a public
draft of information regarding the November TABOR election.
ADJOURNMENT
The meeting adjourned at 6:42 PM.
______________________________
Mayor
ATTEST:
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City Clerk