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AGENDA ITEM SUMMARY July 19, 2016
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the June 21, 2016, Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the June 21, 2016, Regular Council meeting.
ATTACHMENTS
1. June 21, 2016 (PDF)
City of Fort Collins Page 15
June 21, 2016
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Campana
Staff Present: Atteberry, Daggett, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated the agenda has been amended under Other Business to add the
consideration of a motion to request the City Manager’s 2017-2018 recommended budget
include $2.25 million in funding for I-25 improvements. He read a statement regarding the
purpose and goals of Outreach Fort Collins.
CITIZEN PARTICIPATION
Deborah (no last name given) opposed the manual meter reading charge for the new Smart
Meters and requested Fort Collins Utilities provide more financial transparency.
Lynn Barker thanked Council for opening the bathroom on Linden Street and commended the
Pride Month presentation.
Jimena Sagas, Human Relations Commission, thanked Council for the Pride Month
proclamation.
Deborah James thanked Council for reopening the bathroom on Linden and requested the
placement of additional trash cans in the area.
Anne Cleary discussed an email she wrote regarding honesty in communications by the City.
Specifically, she discussed the City Forester's opinion regarding salvaging the tree and wall in
her yard near Prospect and College.
Cheryl Distaso, Fort Collins Homeless Coalition, thanked Council for reopening the bathroom on
Linden and discussed the importance of using the venue at City Council meetings for citizens to
speak to their elected representatives.
Kevin Harper commented on a lack of public process regarding eminent domain proceedings.
William Montgomery commented on the vagueness of law and discussed the court process.
Carol Miller discussed eminent domain in the context of the City's efforts regarding train horn
noise and dealings with the Federal Railroad Administration.
June 21, 2016
City of Fort Collins Page 16
CITIZEN PARTICIPATION FOLLOW-UP
Councilmembers Overbeck and Cunniff requested follow-up to Mr. Harper, Ms. Cleary, and Ms.
Miller’s comments. Jeff Mihelich, Deputy City Manager, replied questions regarding design
adjustments for the Prospect and College intersection will be addressed in the AIS when Council
considers the topic at its July 5 meeting.
Councilmember Cunniff asked if Council will receive information regarding comparable
outreach for the Horsetooth/Timberline and Harmony/College designs. Laurie Kadrich,
Planning, Development and Transportation Director, replied staff’s assessment is that a similar
process was used for those intersections and this process has involved more outreach.
Councilmember Cunniff asked if the Smart Meter program went through a standard public
Council process. City Manager Atteberry replied in the affirmative.
Councilmember Cunniff requested additional feedback from Mr. Montgomery regarding his
concerns.
Mayor Pro Tem Horak noted there were a number of public discussions regarding the Smart
Meter program.
Councilmember Stephens thanked Ms. Sagas from the Human Relations Committee for her
comments and thanked the Mayor for the Pride Month proclamation. She asked how the illicit
activities which initially closed the bathrooms on Linden will be addressed. Mihelich replied
there were challenges with chronic illegal activities with the bathroom and significant
modifications have been made to make it safer and more visible. Restrooms at Remington and
Oak are also being modified and expanded.
Mayor Pro Tem Horak asked if the downtown restrooms will be open 24 hours. Mihelich replied
that will be examined.
CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt and
approve all items on the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Campana
1. Consideration and Approval of the Minutes of June 7, 2016 Regular Council Meeting.
(Adopted)
The purpose of this item is to approve the minutes from the June 7, 2016 Regular Council meeting.
June 21, 2016
City of Fort Collins Page 17
2. Second Reading of Ordinance No. 075, 2016, Appropriating Unanticipated Grant Revenue in
the Transportation Services Fund for the Safe Routes to School Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 7, 2016, appropriates unbudgeted
funds received through a grant for the Safe Routes to School (SRTS) program (part of the City’s FC
Moves Department). The Colorado Department of Transportation (CDOT) has awarded a $12,960
grant for implementation of new bicycling and walking camps, clubs and field trips at Fort Collins
schools. This project requires a 20% local match ($3,240), which will be covered by the SRTS
program operating budget.
3. Second Reading of Ordinance No. 076, 2016, Authorizing the Conveyance of an Access
Easement on Topminnow Natural Area to Jerome B. And Darla J. Roselle in Exchange for the
Vacation of an Existing Access Easement. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 7, 2016, authorizes the conveyance
of an access easement to Jerry and Darla Roselle in exchange for an easement from the Roselles,
with the consent of the North Poudre Irrigation Company, across the Fossil Creek Inlet Ditch Road
on Topminnow Natural Area and the Roselles' property. Both properties are bounded by the Fossil
Creek Inlet Ditch. The Natural Areas Department is in the process of acquiring 5-plus acres of land
from the Roselles to add to Topminnow Natural Area. The Roselles intend to retain a small parcel of
land east of the Ditch, necessitating the need for an access easement. The best physical access is
across the Fossil Creek Inlet Ditch Road, which is maintained by North Poudre Irrigation Company
within easements it owns on the City and Roselle properties. The parties have proposed to enter into
a reciprocal access easement which will formalize the access rights and obligations for each party on
the ditch road. The Roselles have also agreed to vacate an existing access easement on the east
side of the Natural Area.
4. First 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)
The purpose of this item is to appropriate 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.
5. First 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)
The purpose of this item is to authorize 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.
6. Resolution 2016-048 Adopting the 2016 Larimer County Multi-Jurisdictional Hazard
Mitigation Plan. (Adopted)
The purpose of this item is to adopt an updated plan that the City will utilize in its hazard mitigation
program. The Federal Emergency Management Agency, in cooperation with the State of Colorado
requires plans to be updated periodically.
June 21, 2016
City of Fort Collins Page 18
7. Resolution 2016-049 Making Fort Collins Appointments to a Joint Ad Hoc Committee with
Other Area Water Providers Regarding Regional Water Collaboration. (Adopted)
The purpose of this item is to appoint Mayor Pro Tem Gerry Horak, Councilmember Gino Campana,
and a manager from the Water Utility to represent the City Council in a joint ad hoc committee of
regional water providers. The purpose of the ad hoc committee is to discuss regionalization
prospects and further collaboration among water providers.
8. Resolution 2016-050 Making Appointments to the Energy Board. (Adopted)
The purpose of this item is to appoint Mohit Chhabra, Alan Braslau, and Lori Nitzel to the Energy
Board to fill board vacancies which currently exist due to a December 31, 2015, term expiration that
was never filled and the resignations of Michael Doss and Bob McDonald.
END CONSENT
STAFF REPORTS
Nancy Dragani, Federal Emergency Management Agency (FEMA) Region VIII Deputy
Regional Administrator, presented an award to Fort Collins for achieving a Class 2 rating in the
National Flood Insurance Program Community Rating System. Mayor Troxell and Mayor Pro
Tem Horak discussed the history of floodplain and stormwater management in the city. City
Manager Atteberry commended staff work and collaboration among City departments.
Joe Olson, Traffic Engineer, discussed the reduction in blockages at the railroad crossing at
Lemay and Riverside and stated a pilot project involving variable messaging signs is planned for
later in the year.
Councilmember Overbeck asked if there is any type of program which could involve
collaboration with smart phones and mobile map services. Olson replied that is not part of the
pilot project; however, the City is working on an open data program regarding traffic data.
Councilmember Cunniff asked if the City is allowed to regulate railroad switching operations to
any extent. City Attorney Daggett replied staff will look into that issue and respond.
COUNCILMEMBER REPORTS
Councilmember Cunniff reported on his experience with the new boards and commissions
periodic review process with the Transportation Board.
Councilmember Stephens reported on the Neighbor to Neighbor Youth Showcase at Coachlight
Plaza and the Municipal Court’s Special Agency Session.
Mayor Pro Tem Horak reported on the West Elizabeth Enhanced Travel Corridor open house and
the visit by the Federal Railroad Administrator.
Mayor Troxell reported on the Federal Railroad Administrator visit and the ground blessing for
the Harmony Cottages affordable housing project. He discussed Biz Girls Demo Day, a
partnership among a number of entities providing the opportunity for teenage girls to design and
June 21, 2016
City of Fort Collins Page 19
pitch a business idea and reported on the virtual air tower project for the Northern Colorado
Regional Airport.
DISCUSSION ITEMS
9. Items Relating to Proposed Outdoor Vendor Requirements. (Adopted as Amended on First
Reading)
A. First 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. First Reading of Ordinance No. 080, 2016, Amending Articles 3, 4 and 5 of the Land Use Code
Regarding Outdoor Vendors.
The purpose of this item is to 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.
Pete Wray, Senior Planner, stated the first ordinance addresses proposed changes to the City
Code for outdoor vendor licensing requirements and the second ordinance includes proposed
changes to the Land Use Code for locational land use and zoning requirements. Wray discussed
the community outreach process and resulting responses, most of which did not support
additional outdoor vendor requirements and did not support additional separation requirements.
Proposed changes for mobile vending including restricting the total vending hours at the same
location to ten per day; no more than three days per calendar week at the same location; and not
allowing vehicles to be left unattended for any reason other than short breaks or overnight. For
stationary vending, proposed changes include a new administrative review process requiring a
minor amendment of the original approved plans for a specific property; not allowing vehicles to
be left unattended unless they are owned by the principal business or property owner; and not
allowing stationary vending in the downtown core.
The Planning and Zoning Board provided a recommendation to support new Land Use Code
definitions for mobile and stationary vending and to provide a new administrative process for
stationary vending. The Board did not support additional requirements for mobile vending.
Sara Gilman, Umami Mobile Eatery owner, discussed the growing food truck culture and
opposed the proposed changes, noting the survey results show the same opposition.
Taylor Smith, Silver Seed Food Truck owner, thanked staff for transparency with this process
but opposed the proposed changes stating these changes provide a solution where there is no
problem.
Councilmember Overbeck requested additional information regarding the three-day rule. Wray
replied the basic mobile vending provisions would allow a vendor at the same location for up to
three days in a calendar week. For the remaining four days of that week, no vending would be
allowed at that location.
Councilmember Overbeck asked if it will be difficult for multiple City departments to ensure
compliance with the proposed regulations. Wray replied staff does not believe that will be
June 21, 2016
City of Fort Collins Page 20
difficult. Outdoor vending has been managed primarily out of the Sales Tax Department for
licensing compliance, the Zoning Department for Land Use Code compliance, and the Building
Department for safety compliance.
Councilmember Overbeck noted the AIS states the Finance Department does not have the
necessary resources in place to provide a more active compliance management role and issues
will be addressed on a complaint basis. He asked how many citations can be issued prior to a
business losing its license. Peggy Streeter, Sales Tax Department, replied no licenses have been
revoked to this point and offenses are addressed on a case-by-case basis. The Code does not
address a specific number of citations.
Councilmember Overbeck expressed concern regarding the lack of specific clarity around
citations. He asked why the Economic Board has not been consulted. Wray replied the changes
involve licensing provisions and zoning locational requirements which would primarily involve
the Planning and Zoning Board.
Councilmember Overbeck discussed the economic benefit of food trucks to the community and
stated that benefit should have been mentioned and addressed in terms of regulations. He asked
about the possibility of a lottery system for locations. Wray replied staff has not looked at a
lottery system and noted vendors regularly communicate in terms of rotating through key
locations.
Councilmember Stephens asked if all vendors are required to return to a commissary kitchen on
a daily basis. Wray replied in the affirmative, noting that is a state and county health
requirement.
Mayor Troxell asked if the three-day requirement relates to the vendor or the site. Wray replied
the provision would allow one vendor to occupy a single location for three days of a calendar
week and the remaining four days would not allow any vending, unless stationary vending is
approved for the site. This would place more responsibility on the property owners to monitor
vending activity on their property.
Mayor Troxell asked what the Planning and Zoning Board recommended for approval. Wray
replied the Board agreed to forward a recommendation on the Land Use Code changes only for
limited additions and revisions for new definitions and the requirement for a minor amendment
for stationary vending. It did not support the additional mobile vending requirements for hours
per day and days per week, nor did it support the restriction on stationary vending in the
downtown zone. The Board also did not forward a recommendation regarding the City Code
changes.
Councilmember Cunniff asked if mobile vending would be permitted in residential zone districts.
Wray replied there are several outdoor vendor licenses, one of which allows for neighborhood
vending. The stationary vending license would allow vending in all non-residential zones except
for the downtown zone.
Councilmember Cunniff asked if the mobile vendors in neighborhoods can stay stationary for
any period of time. Streeter replied those vendors can only stop for 15 minutes at a time.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 079, 2016, on First Reading.
June 21, 2016
City of Fort Collins Page 21
Mayor Pro Tem Horak acknowledged vendor concerns but supported the proposed changes as
being reasonable and rational.
Councilmember Overbeck requested additional clarity regarding the citation process and
consequences for non-compliance prior to Second Reading.
Councilmember Stephens supported the food truck industry and suggested a twelve hour vending
day rather than ten hours.
Mayor Pro Tem Horak and Councilmember Cunniff accepted the twelve hour limit as a friendly
amendment.
RESULT: ORDINANCE No. 079, 2016, ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Campana
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 080, 2016, on First Reading.
RESULT: ORDINANCE NO. 080, 2016, ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Campana
10. First 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 as
Part of the Waste Innovation Program. (Adopted as Amended on First Re)
The purpose of this item is to appropriate $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 outlined in the Draft 2020 Climate Action Plan (CAP) Strategic Plan. At
First Reading, staff will also update Council on the remaining two initiatives (of 7) that were
discussed at the March 10, 2016 Work Sessions related to the 2020 CAP Strategic Plan. During that
Work Session, staff committed to further vetting 3 of the 7 initiatives, with special consideration
toward the larger financial impact of those initiatives. On these two remaining initiatives, staff will
highlight a change in the funding source for solar incentives and rebates, allowing this initiative to
move forward, and a recommendation to postpone consideration of the energy efficiency funding for
approximately 60-90 days. The postponement of the energy efficiency funding will allow staff to
evaluate the supplemental 2016 funding in the larger context of the Light and Power Capital
Improvement Plan (CIP), Long Term Financial Plan, and 2017-2018 Budgeting for Outcomes funding
needs (August/September timeframe) to help balance and inform decisions to address both the
critical Utilities infrastructure and advance CAP priorities.
Deputy City Manager Jeff Mihelich discussed the outline for the City's 2020 goals.
June 21, 2016
City of Fort Collins Page 22
Kevin Gertig, Utilities Executive Director, discussed the Energy Efficiency Incentives Program
success and stated this item would move forward $1.46 million in additional funding to fulfill the
expected funding gap for the remainder of 2016 based on unprecedented activity in the program.
Mike Beckstead, Chief Financial Officer, discussed the City's budget for renewables, energy
efficiency and rebate programs.
Mihelich discussed the Municipal Green Waste initiative.
Fred Kirsch, Community for Sustainable Energy, supported funding the Commercial Energy
Efficiency Program but encouraged a full vetting of the program's success.
Mike Truitt supported the commercial lighting program and commended its success. He
supported solar funding and noted the programs coincide with peak demand.
Doug Henderson, 350 Colorado, supported funding energy efficiency efforts.
Kevin Cross, Fort Collins Sustainability Group, supported funding energy efficiency initiatives
in 2016.
Hunter Buffington, Fort Collins Sustainability Group, supported funding energy efficiency
initiatives in 2016.
Janice Lynn discussed the need for a sense of urgency in dealing with climate change and urged
Council to move forward.
Elizabeth Hudetz discussed the climate crisis and supported funding energy efficiency initiatives
in 2016.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
Councilmember Cunniff commended the citizen participation in climate efforts. He asked if the
remaining General Fund reserves will be sufficient should the $750,000 appropriation occur.
Beckstead replied there is $6.7 million unassigned in the General Fund.
Councilmember Cunniff stated the City Attorney has developed language changes, per his
request, to utilize General Fund dollars for the appropriation.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 081, 2016 as amended, on First Reading. He read the proposed language
changes.
Mayor Pro Tem Horak discussed the use of Utilities funds and stated rates in Fort Collins are
very low.
Mayor Troxell asked about funding from the General Fund versus a combination with Light and
Power funds. Beckstead replied utilizing General Fund dollars will limit future choices;
however, that is supported by staff.
June 21, 2016
City of Fort Collins Page 23
Councilmember Stephens asked about the $90,000 for the Efficiency Works Neighborhoods
pilot. John Phelan, Utilities Energy Services Manager, replied that project serves existing
residential homes providing a streamlined process for efficiency and solar upgrades.
City Manager Atteberry discussed the commitment of staff and the City organization to the
Climate Action Plan and noted there are competing demands in the upcoming budget.
Mayor Troxell asked about leveraging on various programs. Phelan replied it is three to five
times leveraging with customer investment.
RESULT: ORDINANCE NO. 081, 2016, ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Campana
OTHER BUSINESS
Consideration of a motion requesting the City Manager Recommended 2017-2018 Budget include
funding in the amount of $2.25 million for I-25 improvements.
Mayor Pro Tem Horak discussed the need for the additional $250,000 pledge to keep the
application moving forward for a third I-25 lane.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, that the City
Manager include the funding amount of $2.25 million for I-25 improvements in his
recommended 2017-2018 budget.
Mayor Troxell thanked Mayor Pro Tem Horak for his work on the North Front Range
Metropolitan Planning Organization and encouraged solicitation of other communities for
monetary commitments.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Campana
June 21, 2016
City of Fort Collins Page 24
ADJOURNMENT
The meeting adjourned at 8:55 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk