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Item # 1 Page 1
AGENDA ITEM SUMMARY March 1, 2016
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the February 9, 2016 Adjourned Council Meeting and the
February 16, 2016 Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the February 9, 2016 adjourned Council meeting and
the February 16, 2016 Regular Council meeting.
ATTACHMENTS
1. February 9, 2016 (PDF)
2. February 16, 2016 (PDF)
City of Fort Collins Page 351
February 9, 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
City Manager Atteberry stated there were no changes to the published agenda.
CITIZEN PARTICIPATION
Cheryl Distaso, Fort Collins Community Action Network, commended the City's ordinance
regarding overflow shelters but expressed concern regarding individuals being turned away from
shelters. The City must stop criminalizing homelessness.
Eric Sutherland expressed concern regarding possible changes to the liquor license at Hughes
Stadium and discussed charter language regarding judicial appointments.
Lynn Barker discussed limited services for the homeless community and questioned where
homeless citizens should go during particularly inclement weather.
William Montgomery discussed recent charges against him and the discrimination against
homeless individuals.
Deborah James expressed concern regarding homeless individuals not being able to stay in
overflow shelters from 7:15 AM until 9:00 PM.
Jessica Aguilar expressed concern about overflow shelters not keeping promises to the
community.
David Montgomery expressed concern regarding businesses discriminating against homeless
individuals.
Mary Janser stated the City's laws regarding homelessness are unconstitutional.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez requested information regarding the possibility that shelters are not
performing as they have promised. Jeff Mihelich, Deputy City Manager, replied there was never
a promise made by shelters to guarantee space for every homeless individual. He noted there are
more shelter beds now than a year ago and it is a rare occasion when all shelter beds are full.
The shelters work together to ensure the maximum amount of space is available.
February 9, 2016
City of Fort Collins Page 352
Councilmember Martinez expressed concern regarding individuals who have consistently come
before Council stating beds are not available. The City needs to take a more active role in
ensuring these individuals are sheltered.
Councilmember Stephens discussed the Nashville model for addressing homelessness, which
included the faith community providing shelter. Fort Collins needs to address the issue more
urgently.
Councilmember Cunniff stated the City can do more in terms of partnering with the faith
community. He discussed the importance of advocating for statewide solutions and opposed
allowing camping in Natural Areas. He expressed concern regarding the potential liquor license
changes at Hughes Stadium.
Mayor Pro Tem Horak requested additional information regarding rangers ticketing in parks and
Natural Areas and stated Mr. Montgomery’s concerns regarding businesses not allowing
homeless individuals to use facilities should be addressed.
CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items on the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT: Overbeck
1. Consideration and Approval of the Minutes of the January 5, 2016 Regular Council Meeting
and the January 12, 2016 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the January 5, 2016 Regular Council
meeting and the January 12, 2016 Adjourned Council meeting.
2. Second Reading of Ordinance No. 012, 2016, Appropriating Unanticipated Grant Revenue in
the Recreation Fund for the Adaptive Recreation Opportunities Program Paralympic Sport
Club. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 19, 2016, appropriates $15,000
of unanticipated grant revenue in the Recreation Fund to be used for general operating support for
the Adaptive Recreation Opportunities (ARO) program Paralympic Sport Club. ARO has been
selected to receive a renewal grant of $15,000 from the U.S. Department of Veterans Affairs for
Veterans Adaptive Sports Programs serving disabled veterans and disabled members of the Armed
Forces for the funding cycle of October 2015-September 2016.
3. Items Relating to City Property at the College Avenue and Prospect Road Intersection.
(Adopted)
A. Second Reading of Ordinance No. 013, 2016, Authorizing the Conveyance of City Property at
College Avenue and Prospect Road to Colorado State University.
February 9, 2016
City of Fort Collins Page 353
B. Second Reading of Ordinance No. 014, 2016, Declaring Certain City-Owned Property at College
Avenue and Prospect Road as Road Right-of-Way.
These Ordinances, unanimously adopted on First Reading on January 19, 2016, authorize the
conveyance of a portion of City property located at the northwest corner of College Avenue and
Prospect Road to Colorado State University and declare the remaining City property as road right-of-
way. Colorado State University (CSU) is developing a medical center on property it owns at the
northwest corner of the College Avenue and Prospect Road intersection. This development will
require the construction of ultimate road improvements adjacent to its development. The City owns a
small parcel of land located at the northwest corner of College Avenue and Prospect Road. The
property was purchased in 1995 as part of the College Avenue/Prospect Road Choices 95 Project.
A portion of the City property will be needed for right-of-way purposes as part of the ultimate road
improvements. The remaining portion of the City property is not needed for current or future right-of-
way needs. City staff desires to release the City’s obligations related to the fee simple ownership of
the remnant parcel and proposes conveying the remnant portion of the property to the surrounding
property owner, CSU, while retaining a utility easement over the remnant parcel. Staff proposes
conveying the remnant portion at a minimal cost due to the overall benefits to the public and
supporting the City’s goals and projects in the area. As part of the medical center project CSU will
dedicate the ultimate right-of-way along Prospect Road adjacent to the development. Ordinance No.
013, 2016 authorizes the conveyance of the remnant portion of the City property to Colorado State
University. Ordinance No. 014, 2016 officially establishes the remaining portion of the City property
as public road right-of-way.
4. Items Relating to the Maverik First Annexation. (Withdrawn)
A. Resolution 2016-010 Setting Forth Findings of Fact and Determinations Regarding the Maverik
First Annexation.
B. Public Hearing and First Reading of Ordinance No. 017, 2016, Annexing the Property Known as
the Maverik First Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex 1.26 acres located at 4333 East Mulberry Street at the
southeast quadrant of I-25 and State Highway 14. The parcel is a portion of the America’s Best
Value and Inn and Suites hotel. The Initiating Resolution was adopted on December 15, 2015. The
property is located within the I-25 Corridor Plan. A related item to zone the annexed property is
presented as Item No. 5 on this Agenda.
7. Public Hearing and First Reading of Ordinance No. 018, 2016, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Maverik First Annexation to the City of Fort Collins. (Withdrawn)
The purpose of this item is to zone the property included in the Maverik First Annexation into the
General Commercial zone district. 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.
9. Resolution 2016-015 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Maverik First Annexation. (Adopted)
The purpose of this item is to annex the Maverik First Annexation. The applicant, Hanna DUL, Inc.,
has submitted a written petition requesting annexation of 1.26 acres located at 4333 East Mulberry
Street which is a portion of the existing hotel and property located at the southeast quadrant of I-25
and East Mulberry Street. The site gains access from the Southeast Frontage Road. The requested
zoning for this annexation is C-G, General Commercial. The property is located within the East
Mulberry Corridor and I-25 Corridor Plans. In accordance with the Intergovernmental Agreement for
February 9, 2016
City of Fort Collins Page 354
the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to
annex land that meets the minimum contiguity requirement, and based on a voluntary petition to
annex for the purpose of redeveloping the subject parcel. The subject parcel is part of a larger
parcel which is bordered on three sides by the Interchange Business Park which was annexed in
2005.
On December 15, 2015, Council approved a substantially similar resolution (Resolution #2015-110)
finding substantial compliance and initiating annexation proceedings. That resolution set February 2,
2016, as the date for the public hearing on the annexation. However, due to inclement weather, the
February 2 Council meeting was adjourned to February 9. To comply with statutory notice
requirements that require an annexation hearing to be held on the date set by Council and previously
communicated to the public by published notice, a resolution finding substantial compliance and
setting a new hearing date is being presented for Council consideration.
10. First Reading of Ordinance No. 019, 2016, Adding a New Section 1-23 to the Code of the City
of Fort Collins to Establish a One-Year Limitation for the Prosecution of City Code Violations
in Fort Collins Municipal Court. (Adopted)
The purpose of this item is to add a new Section 1-23 to the City Code to establish a one-year time
limitation, subject to certain tolling provisions, for how long after a person violates a provision of the
City Code that the person can be prosecuted in Fort Collins Municipal Court (“Municipal Court”). The
City Charter places a one-year time limitation on prosecutions of Charter violations in Municipal
Court, but neither the Charter nor the Code establishes a similar time limitation for Code violations.
As a result, the current controlling time limitation for prosecutions of Code violations in Municipal
Court is a one-year limitation with no tolling provisions that is set by state statute in C.R.S. Section
31-16-111. However, as a home rule municipality, the City can establish its own time limitation and
tolling provisions for such prosecutions, as proposed in this Ordinance.
11. Resolution 2016-011 Approving Revised Costs and Fees for Fort Collins Municipal Court.
(Adopted)
The purpose of this item is to add a new $35 Active Condition Fee to the approved costs and fees for
cases in Fort Collins Municipal Court. This new fee would apply to dispositions on certain non-traffic
misdemeanor cases, including the new "Underage Possession of Alcohol" cases. The revenue from
this fee would help cover the administrative cost of setting up and monitoring compliance with
alternative sentencing conditions, such as alcohol and marijuana classes and useful public service,
as well as sealing such cases when required. The Active Condition Fee is the only fee that staff is
recommending be added or revised at this time.
12. Resolution 2016-012 Authorizing an Intergovernmental Agreement with Colorado State
University for Stormwater Related Research Services. (Adopted)
The purpose of this item is to obtain Council approval for a new City-Colorado State University
(CSU) agreement in the amount of $65,840 for stormwater related research services that would be
provided by CSU to the City in 2016.
COUNCILMEMBER REPORTS
Councilmember Campana reported on the Landmark Preservation Commission’s annual retreat
and the quality and commitment of the Boardmembers.
Councilmember Cunniff reported on the low-intensity development working group meetings.
February 9, 2016
City of Fort Collins Page 355
DISCUSSION ITEMS
13. Second Reading of Ordinance No. 011, 2016, Amending Chapter 14 of the Code of the City of
Fort Collins Regarding Landmark Preservation. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on January 19, 2016 by a vote of 4-3 (Nays: Cunniff,
Overbeck, Stephens) amends the landmark designation procedure set forth in Article II, Chapter 14,
of City Code to make the landmark designation process more efficient in cases where a property
owner does not consent to landmark designation (“non-consensual” designation) and the property is
already designated on the National and/or State Historic Registers, either individually or as a part of
a historic district.
Councilmember Campana stated this item was discussed at the Landmark Preservation
Commission retreat and noted the Commission recommended approval of this item with the
caveat that it not be retroactive to the beginning of the year, which is consistent with what was
approved by Council on First Reading.
Councilmember Cunniff stated he opposed this item on First Reading given process issues, but
stated he would vote in support of the Ordinance on Second Reading given the input from the
Landmark Preservation Commission.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 011, 2016 on Second Reading.
Councilmember Stephens stated she would also support the item on Second Reading and asked if
there is any type of audit for buildings falling into the category of “demolition by neglect.” Tom
Leeson replied that issue will be examined in the overview of the overall historic preservation
ordinance.
Mayor Troxell discussed the importance of using a proactive approach regarding historic
preservation.
Mayor Pro Tem Horak commended this item as a good step forward.
RESULT: ORDINANCE NO. 011, 2016, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT: Overbeck
14. First Reading of Ordinance No. 016, 2016, Appropriating Prior Year Reserves in the Water
Fund for a Project to Repair a Piped Section of the Michigan Ditch Tunnel Project. (Adopted
on First Reading)
The purpose of this item is to appropriate funds for the repair of a piped section of the Michigan Ditch
near Cameron Pass in eastern Jackson County. The Ditch experienced a catastrophic failure in
June, 2015, when the mountainside on which the Ditch is constructed slid downhill several feet. As a
result, the Ditch is currently not able to deliver the majority of the decreed water to Joe Wright
Reservoir, which are released to meet City water supply needs either directly or by exchange.
Repairing the Ditch and restoring deliveries to Joe Wright Reservoir is essential to ensure that the
City fully utilizes its valuable Michigan Ditch supplies. Engineering assessments have been
completed with the recommended mitigation being a tunnel. The total mitigation cost is $8.25M of
which $700K has already been spent on the assessment and preliminary design. The 2015-16
February 9, 2016
City of Fort Collins Page 356
Budget process appropriated $1.25M toward the Michigan Ditch based on previous smaller
landslides and additional funds for general source of supply and water production replacement
projects of which $766,695 was allocated to this project. This appropriation ordinance is for the
remaining $6,300,000 of necessary funds to build the tunnel.
Kevin Gertig, Utilities Executive Director, stated this appropriation ordinance is for the repair of
a section of pipe on the Michigan Ditch which is critical for the City’s water supply. He detailed
the issue with the pipe section and suggested repair method.
Mike Beckstead, Chief Financial Officer, stated the total cost of the project is estimated to be just
over $8.2 million, $700,000 of which has been spent to date. This appropriation is for $6.3
million and noted the Council Finance Committee recommended the use of available cash until
Capital Improvement Plans and financial plans are complete.
Councilmember Cunniff stated he is supportive of the project and finance method; however, he
questioned risk management issues and discussed a boring machine situation in Washington
state. Jon Haukaas, Engineering and Field Services Manager, replied the additional geotechnical
investigation done by the City in this case was warranted and truly mitigates the risk to the
maximum extent possible.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 016, 2016, on First Reading.
Mayor Pro Tem Horak questioned why the Art in Public Places funding was not part of this
project. Beckstead replied the Water Enterprise Fund has already contributed its annual limit of
0.5% of its budgeted operating revenues so no additional appropriation to APP is allowed in
2016 from the Water Enterprise Fund for this or any other appropriation request.
Mayor Troxell discussed the importance of the project.
RESULT: ORDINANCE NO. 016, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT: Overbeck
15. Second Reading of Ordinance No. 015, 2016, Amending the City of Fort Collins District-
Precinct Map. (Defeated)
This Ordinance, unanimously adopted on First Reading on January 19, 2016, amends the City of
Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the County precinct
boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve
a required population deviation between the most populous district and the least populous district.
The district boundaries were last adjusted in August 2012. Due to concerns raised regarding the
transparency of the process and information provided regarding this redistricting, staff requests this
Ordinance be defeated on Second Reading to allow staff to initiate the notice process for a more
targeted redistricting proposal for Council to consider. A new ordinance will be brought forward after
the notice requirements have been met.
City Clerk Winkelmann stated staff has examined concerns raised by Eric Sutherland during
First Reading of this Ordinance and staff is recommending Council defeat the Ordinance on
Second Reading in order to ensure no future concerns with the process.
February 9, 2016
City of Fort Collins Page 357
Dan Coldiron, Chief Information Officer, stated staff found that some of the new construction
data used by the GIS team for the analysis of the redistricting was not complete and did not
include certain construction projects. The preliminary results of the analysis including this new
data show a minor impact. Verifiable data has been requested from CSU regarding student
housing numbers.
Eric Sutherland stated this issue was a failure of due process and expressed concern regarding
citizens becoming disenfranchised. He recommended not making major redistricting
adjustments until after 2017 when the changes could be made without disenfranchising voters.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 015, 2016, on Second Reading.
RESULT: ORDINANCE NO. 015, 2016 DEFEATED [1 TO 5]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez
NAYS: Stephens, Campana, Troxell, Cunniff, Horak
ABSENT: Overbeck
16. First Reading of Ordinance No. 021, 2016, Amending Chapter 7 of the Code of the City of Fort
Collins to Update and Amend Requirements and Procedures for City Elections. (Adopted on
First Reading)
The purpose of this item is to adopt changes to Chapter 7 of the City Code as recommended by the
City Clerk and the ad hoc Council Committee, to update and amend the election code.
City Clerk Winkelmann stated this item brings forth the recommendation of the ad hoc Council
committee that dealt with proposed election code amendments. She discussed state changes
regarding uniform and overseas voters, noting the committee recommended against adopting the
House Bill. City Clerk Winkelmann discussed other changes and procedures recommended by
the committee.
Eric Sutherland discussed the Municipal Election Code and Uniform Election Code and
encouraged the use of signature verification.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 021, 2016, on First Reading.
Councilmember Martinez asked how overseas and military ballots are addressed. City Clerk
Winkelmann replied all overseas voters first receive a letter indicating an election is upcoming,
ballots are mailed, and then allowed to be returned either by mail or electronically.
Councilmember Martinez asked about the process regarding rejected ballots. Chief Deputy City
Clerk Rita Knoll replied an effort is made to notify every voter with a deficiency in his or her
ballot; however, it is nearly impossible to find phone numbers for voters as election day nears.
Councilmember Martinez asked why signature verification has been discontinued. Chief Deputy
City Clerk Knoll replied election workers examine signatures to determine whether elements of
the voter's name printed in the address block are evident as the City does not currently have
access to signature images.
February 9, 2016
City of Fort Collins Page 358
Councilmember Stephens noted the signature verification machinery is quite expensive and often
still results in the need for hand verification. She stated the committee also felt the City's means
of reaching overseas voters is better than that prescribed by the State.
Chief Deputy City Clerk Knoll noted the signature verification machine at the County is not
moveable; therefore the City's entire election process would need to be relocated to the County
facility in order to utilize that machine.
Mayor Troxell thanked the ad hoc Council committee and staff for work on the item.
RESULT: ORDINANCE NO. 021, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT: Overbeck
17. Resolution 2016-013 Appointing Two Councilmembers to Serve as Representatives on the
North Front Range Wasteshed Policy Group. (Adopted)
The purpose of this item is to appoint two City Councilmembers to represent the City of Fort Collins
on an interagency policy working group, convened by Larimer County, to address the future of
regional solid waste disposal and materials management.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2016-013, inserting the names of Mayor Troxell and Councilmember Cunniff.
Mayor Pro Tem Horak discussed the importance of this Group and recommended Mayor Troxell
and Councilmember Cunniff for the position.
RESULT: RESOLUTION 2016-013 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT: Overbeck
OTHER BUSINESS
Councilmember Martinez requested and received Council support for the creation of a decision
tree or matrix on measuring the cost of housing. City Manager Atteberry stated staff can place
some type of a consistent review in a budget offer for the 2017-2018 budget.
Councilmember Campana noted incremental costs are added to the cost of housing in various
processes throughout the year and stated the analysis of those impacts could fall under the
economics of the triple bottom line.
Mayor Pro Tem Horak stated the information needs to be tied to the total cost of housing.
February 9, 2016
City of Fort Collins Page 359
ADJOURNMENT
The meeting adjourned at 7:51 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 360
February 16, 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 withdrew the Light and Power Reliability staff report due to a staff
illness and recommended Consent Agenda Item No. 4, Second Reading of Ordinance No. 021,
2016, Amending Chapter 7 of the Code of the City of Fort Collins to Update and Amend
Requirements and Procedures for City Elections, be pulled in and postponed to March 1.
CITIZEN PARTICIPATION
Dick Thomas expressed concern regarding the proposed concert venue at the Gardens on Spring
Creek.
Jack Daniels thanked the City staff and Council for making Fort Collins such a wonderful place
to live.
Jessica Avila opposed the criminalization of homelessness and discussed the cost of
homelessness to the community.
John Anderson discussed homelessness in the community and opposed the way Fort Collins has
handled the issue.
Carol Tunner discussed the history of the Coy family.
Fred Kirsch, Community for Sustainable Energy, expressed support for an ordinance requiring
an energy score disclosure in advertising for all buildings coming up for sale or lease.
Deborah James apologized for her outburst at the previous Council meeting and discussed the
need for additional shelter beds for homeless citizens.
Lynn (no last name given) discussed the passing of her friend Doug Shields, who was homeless
and expressed the need for additional shelter beds.
Cheryl Distaso, Fort Collins Community Action Network, discussed homelessness in Fort
Collins.
Jerry Gavaldon commended Betty Aragon for her work as Director of the Museo and announced
she recently retired. He suggested staff write a proclamation recognizing her service.
Additionally, he suggested the new addition to the Museo be named after Ms. Aragon.
February 16, 2016
City of Fort Collins Page 361
Sandy Lemburg commented on the way projects are approved for development, noting
particularly The Summit and developments on North Mason Street. He suggested processes and
procedures for development approvals be revisited.
Mary Danser apologized for her outburst at the previous Council meeting; however, she stated
there is a possibility staff is misinformed and noted the homeless population sees issues
firsthand.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Cunniff thanked Mr. Kirsch for his statements and requested information
regarding when a home energy score Ordinance may move forward. Jackie Kozak-Thiel, Chief
Sustainability Officer, replied that is one of the strategies coming before Council on March 10.
The best practices from other jurisdictions are being examined.
Councilmember Cunniff offered condolences to friends and family of Mr. Shields and asked
about possible inaccuracies in the story surrounding his passing. City Manager Atteberry replied
there were housing options for Mr. Shields on the evening of his death, though he was turned
away from Catholic Charities due to a failed breathalyzer result. He chose not to exercise the
option of another shelter. Additionally, City Manager Atteberry stated it is not accurate Mr.
Shields’ body was lying on the sidewalk for five hours. An investigation needed to occur and his
body was removed in less than two hours.
Councilmember Cunniff stated there is more that can be done regarding connecting service
providers with homeless citizens and there is no intention to criminalize homelessness.
Councilmember Stephens expressed her condolences regarding Mr. Shields’ passing and
requested staff input regarding the City’s efforts regarding homelessness. Beth Sowder, Director
for Social Sustainability, replied there are a variety of things being done regarding affordable
housing, the effort to end veteran homelessness, and additional efforts. She acknowledged there
are still gaps and improvements can be made. Staff will be travelling to Nashville, Tennessee, to
examine its efforts.
Councilmember Martinez commended Deputy City Manager Mihelich’s work on the
homelessness issue and discussed the success of Nashville’s program. Additionally, he
commended Ms. Aragon's work in the community and at the Museo.
Councilmember Overbeck commended the speakers and acknowledged Ms. Aragon's work in
the community.
Councilmember Cunniff discussed the possible concert venue at the Gardens on Spring Creek.
Mayor Troxell noted the City has specific Charter requirements and works broadly with non-
profits and faith-based organizations to make homelessness rare, short-lived and non-recurring in
the community. He offered condolences regarding Mr. Shields' passing.
Councilmember Martinez noted homelessness is a communitywide issue and offered
condolences regarding Bob Everitt's passing.
February 16, 2016
City of Fort Collins Page 362
CONSENT CALENDAR
Councilmember Cunniff withdrew Item No. 4, Second Reading of Ordinance No. 021, 2016,
Amending Chapter 7 of the Code of the City of Fort Collins to Update and Amend Requirements
and Procedures for City Elections, from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the January 19, 2016 Regular Council Meeting
and the January 26, 2016 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes of the January 19, 2016 Regular Council meeting
and the January 26, 2016 Adjourned Council meeting.
2. Second Reading of Ordinance No. 016, 2016, Appropriating Prior Year Reserves in the Water
Fund for a Project to Repair a Piped Section of the Michigan Ditch Tunnel Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 9, 2016, appropriates funds for
the repair of a piped section of the Michigan Ditch near Cameron Pass in eastern Jackson County.
The Ditch experienced a catastrophic failure in June 2015, when the mountainside on which the
Ditch is constructed slid downhill several feet. As a result, the Ditch is currently not able to deliver
the majority of the decreed water to Joe Wright Reservoir, which are released to meet City water
supply needs either directly or by exchange. Repairing the Ditch and restoring deliveries to Joe
Wright Reservoir is essential to ensure that the City fully utilizes its valuable Michigan Ditch supplies.
Engineering assessments have been completed with the recommended mitigation being a tunnel.
The total mitigation cost is $8.25M of which $700K has already been spent on the assessment and
preliminary design. The 2015-16 Budget process appropriated $1.25M toward the Michigan Ditch
based on previous smaller landslides and additional funds for general source of supply and water
production replacement projects of which $766,695 was allocated to this project. This appropriation
ordinance is for the remaining $6,300,000 of necessary funds to build the tunnel. The Water
Enterprise Fund has already contributed its annual limit of 0.5% of its budgeted operating revenues.
Thus, no additional appropriation to APP is allowed in 2016 from the Water Enterprise Fund for this
or any other appropriation request.
3. Second Reading of Ordinance No. 019, 2016, Adding a New Section 1-23 to the Code of the
City of Fort Collins to Establish a One-Year Limitation for the Prosecution of City Code
Violations in Fort Collins Municipal Court. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 9, 2016, adds a new Section 1-
23 to the City Code to establish a one-year time limitation, subject to certain tolling provisions, for
how long after a person violates a provision of the City Code that the person can be prosecuted in
Fort Collins Municipal Court (Municipal Court). The City Charter places a one-year time limitation on
prosecutions of Charter violations in Municipal Court, but neither the Charter nor the Code
establishes a similar time limitation for Code violations. As a result, the current controlling time
limitation for prosecutions of Code violations in Municipal Court is a one-year limitation with no tolling
provisions that is set by state statute in C.R.S. Section 31-16-111. However, as a home rule
municipality, the City can establish its own time limitation and tolling provisions for such
prosecutions, as proposed in this Ordinance.
February 16, 2016
City of Fort Collins Page 363
4. First Reading of Ordinance No. 022, 2016, Appropriating Prior Year Reserves in the
Transportation Fund for Consulting Services Related to Interstate 25 (I-25) Traffic Solution
Efforts. (Adopted)
The purpose of this item is to appropriate funds to contract with a lobbying and communications firm
to advocate for solutions to Interstate 25 traffic congestion. City leaders have worked in partnership
with regional partners to identify and pursue funding for years. Numerous efforts, initiatives, and
actions have been taken or are underway to urge the Colorado legislature and Colorado Department
of Transportation (CDOT) to accelerate improvements to Interstate 25 (I-25). This $30,000
appropriation for advocacy would augment and enhance regional efforts and ensure Fort Collins has
representation in discussions on I-25. This item supports the adopted recommendations of the 2011
North I-25 Environmental Impact Statement (EIS), and also supports Council priority for I-25 funding;
Strategic Plan Objectives: Transportation 6.1, 6.4; and Council legislative policy agenda. The funds
would be appropriated from prior year reserves in the Transportation Fund.
5. First Reading of Ordinance No. 023, 2016, Appropriating Prior Year Reserves in the General
Fund for the City of Fort Collins 2016 Contribution to the Employees' Retirement Health
Savings Plans for Members of the Police Services Collective Bargaining Unit. (Adopted)
The purpose of this item is to fund the City’s contribution to employees’ Retirement Health Savings
(RHS) plans for members of the Police Services Collective Bargaining Unit. On December 1, 2015,
Council approved the Collective Bargaining Agreement with Bargaining Unit members of Police
Services. As part of this contract, the City agreed to make contributions to the RHS plans of
Bargaining Unit members. This Ordinance transfers the money from prior year reserves to pay this
cost, which is estimated to be $225,000.
6. First Reading of Ordinance No. 024, 2016, Adopting the 2016 Amended Classified Employees
Pay Plan. (Adopted)
The purpose of this item is to recommend changes to the City's Classified Employee Pay Plan based
on a market analysis conducted as agreed upon through the 2016-2017 Collective Bargaining
Agreement with the Northern Colorado Lodge #3 of the Fraternal Order of Police (FOP). This
agreement was approved by Council by Resolution on December 1, 2015. Although ratified in 2015,
the bargaining agreement specifies a salary data collection method and evaluation process that
included the postponement of final data collection and analysis until January 2016 when additional
benchmark data became available. This data has been collected and analyzed, resulting in the
revised 2016 Classified Employee Pay Plan.
7. First Reading of Ordinance No. 025, 2016, Authorizing the Sale of City-Owned Property at
1506 West Horsetooth Road, Fort Collins, Colorado, to the Housing Authority of the City of
Fort Collins. (Adopted)
The purpose of this item is to authorize conveyance of the property at 1506 West Horsetooth Road
to the Housing Authority of the City of Fort Collins (FCHA). The City purchased this property in 2003
as part of the Affordable Housing Land Bank program. Since its purchase, the City has leased this
8.3-acre property for residential/horse uses. This Ordinance follows from City Council’s approval of
Resolution 2016-008, which gave staff direction to continue to work with FCHA on this purchase and
to bring forward an ordinance authorizing sale of the property to FCHA. An ordinance to make
changes to the affordability requirements in the Land Bank Program Code language will be
considered by City Council in March.
8. Resolution 2016-016 Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to adopt the recommendations of the Cultural Resources Board to
disburse Fort Fund grants out of the Cultural Development and Programming and Tourism
Programming Accounts for the selected community and tourism events.
February 16, 2016
City of Fort Collins Page 364
9. Resolution 2016-017 Approving an Exception From Competitive Process Requirements for
the Purchase for the Consulting Services from Revolution Advisors. (Adopted)
The purpose of this item is to request an exception to the competitive purchase process for the
contracting of services with Revolution Advisors to continue to implement recommendations of the
2014 Compensation and Career Progression Study.
10. Resolution 2016-018 Appointing Dru Van Doren to the Women's Commission. (Adopted)
The purpose of this item is to appoint Dru Van Doren to the Women’s Commission to fill a vacancy
that remained open after the routine recruitment process.
END CONSENT
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on his trip to Washington D.C. with the Poudre Heritage
Alliance for the national meeting for the Alliance of National Heritage Areas. He will be going
to Wyoming with the Poudre Heritage Alliance to visit the Northern Arapaho Tribe.
Mayor Troxell reported on the Night to Shine event at Redeemer Lutheran Church.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
11. Second Reading of Ordinance No. 021, 2016, Amending Chapter 7 of the Code of the City of
Fort Collins to Update and Amend Requirements and Procedures for City Elections.
(Postponed to March 1, 2016)
This Ordinance, unanimously adopted on First Reading on February 9, 2016, amends Chapter 7 of
the City Code as recommended by the City Clerk and the ad hoc Council Committee, to update and
amend the election code.
City Clerk Winkelmann stated staff is requesting this item be postponed for consideration on
Second Reading to March 1 to consider applicable law provisions which may apply for City
elections, in order to clarify signature verification on mail ballots, and to receive direction
regarding Council compensation.
Eric Sutherland stated one cannot determine whether or not the person whose name is on a ballot
actually voted the ballot based on the signature. He suggested eliminating all language dealing
with signature verification as House Bill 1070 will likely pass and require a more robust system
of signature verification. He opposed adopting both the Uniform Election Code and Municipal
Election Code.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone
consideration of Ordinance No. 021, 2016 to March 1, 2016.
Councilmember Cunniff supported the postponement and stated the changes should be vetted
publically. Additionally, he noted the Council compensation issue has to do with an SSDI cap
limit.
February 16, 2016
City of Fort Collins Page 365
Councilmember Overbeck noted the Commission on Disability and Senior Advisory Board
supported the Council compensation change.
RESULT: ORDINANCE NO. 021, 2016 POSTPONED TO MARCH 1 [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
DISCUSSION ITEMS
12. Consideration of an Appeal of the Administrative Hearing Officer Decision to Approve the
Capstone Cottages Project Development Plan. (Hearing Officer Decision Upheld, With
Conditions)
The purpose of this item is to consider an appeal of the Administrative Hearing Officer’s decision to
approve the Capstone Cottages Project Development Plan. On December 30, 2015, two appellants,
Jerry Gavaldon and Betty Aragon-Mitotes filed a Notice of Appeal with two assertions regarding the
Administrative Hearing Officer’s decision to approve the proposed Capstone Cottages Project
Development Plan.
The Appeal includes the following assertions:
1. Failure to conduct a fair hearing in that, specifically:
Article 2.2.7 - Public Hearing
Decision Maker substantially ignored its previously established rules of procedure, and was
biased against the appellant
2. The Hearing Officer failed to properly interpret and apply relevant provisions of the Land Use
Code, specifically:
A. Article 3, Section 3.5.1 - Building and Project Compatibility
B. Article 3, Section 3.6.4 - Transportation Level of Service Requirements
Mayor Troxell discussed Council’s role in the appeal process.
City Attorney Daggett discussed the appeal process and defined parties-in-interest.
Mayor Troxell requested the appellants and applicants identify themselves and their interest in
the appeal.
Betty Aragon-Mitotes and Jerry Gavaldon identified themselves as area landowners and
appellants.
Lucia Liley identified herself as legal counsel for the applicant and Linda Ripley identified
herself as a land use planner for the applicant. Additionally, Ms. Liley identified team members
who may be called to answer specific questions.
Mayor Troxell outlined the time allotments for presentations and rebuttals.
February 16, 2016
City of Fort Collins Page 366
Cameron Gloss, Planning Manager, briefly discussed the project proposal, property zoning, and
proposed roundabout. He outlined the appeal assertions that the Hearing Officer failed to
conduct a fair hearing and failed to properly interpret and apply relevant provisions of the Land
Use Code. Gloss also discussed the decision of the Hearing Officer and addressed questions
raised at the site visit. Fifty-five buildings are proposed, 53 of which are residential, with one
clubhouse and one maintenance building for a total of 200 total dwelling units. Gloss stated the
closest lot is 200 feet from the northern most boundary of the property and stated commercial
zoning exists to the south, residential zoning to the north, and industrial and employment uses to
the east and west.
Mayor Troxell asked Councilmembers to disclose any potential conflicts of interest or reasons
for recusal. Councilmember Martinez withdrew from the discussion of this item as he served as
the neighborhood facilitator for the Capstone Cottages project prior to his election on Council.
Mr. Gavaldon raised an objection to the manner in which the conflict of interest was disclosed,
stating it should have occurred earlier in the meeting process. Mayor Troxell noted the hearing
portion of the meeting has not yet started. Mr. Gavaldon questioned the fairness of the process,
stating Councilmember Martinez should have withdrawn from the conversation prior to the staff
report.
City Attorney Daggett stated the City Code lays out the sequence of events for an appeal hearing
which has been followed and Councilmember Martinez has not made any comments or
participated in any fashion.
Mr. Gavaldon stated recusal by conflict of interest has been done at the beginning of the process
in other quasi-judicial hearings of which he has been a part.
Mayor Troxell asked Councilmembers to discuss observations made at the site visit.
Councilmember Cunniff stated the questions asked at the site visit were answered by Mr. Gloss
and the land was observed in relation to the proposed drawings.
Councilmember Overbeck attended the site visit and concurred with Councilmember Cunniff’s
comments.
Councilmember Campana stated he arrived at the site just as the other Councilmembers were
leaving and he observed the site on his own.
Mayor Troxell stated he attended the site visit but did not ask any questions.
Mayor Troxell requested procedural issues be addressed and noted new evidence is allowed only
in very limited situations. He asked if any parties-in-interest intend to present new evidence.
Ms. Aragon-Mitotes stated she submitted new evidence to City Clerk Winkelmann, which she
requested be viewed by Council.
Mr. Gavaldon reiterated his concerns regarding the timing of Councilmember Martinez’s conflict
of interest announcement.
February 16, 2016
City of Fort Collins Page 367
Ms. Liley stated the applicant’s team is unable to respond to the proposed new evidence without
some idea of its contents.
Mayor Troxell requested an explanation of the proposed new evidence which was not part of the
appeal. Ms. Aragon-Mitotes replied she would like to submit a document which was presented
to her by the Capstone Cottages team. She stated the document is an agreement they wanted her
to sign.
Mayor Troxell asked why this document was not part of the appeal. Ms. Aragon-Mitotes replied
she was unclear as to the process as she has never been part of an appeal before.
Ms. Liley stated she was aware of the document and is prepared to respond; however, she was
uncertain if that was the only new evidence to be submitted.
Councilmember Campana and other Councilmembers suggested allowing the new evidence.
Mayor Troxell accepted that suggestion.
Ms. Liley stated the applicant has no objection to the inclusion of the document; however, she
questioned the relevance of the document to hearing officer bias or conduct of the hearing. She
stated the applicant would like to submit three documents in rebuttal: a statement from the Vice-
President of the applicant entity which describes the hiring of Mr. Martinez to be the
neighborhood facilitator and his dealings with Ms. Aragon-Mitotes, a letter from Linda Ripley
who participated in the one meeting with Mr. Martinez, Ms. Aragon-Mitotes, and representatives
from the applicant entity during which Ms. Aragon-Mitotes presented the proposal that the
developer make a donation to the 501(c)(3) Museo, and an email from Ms. Aragon-Mitotes to
the Museo Board in which she is defending her submittal of the agreement for approval of the
Board in which she mentions she insisted on having a binding agreement with the developer.
Mr. Gavaldon expressed concern regarding the submittal of these rebuttal documents as they
were not submitted per the timeline of the Code.
City Attorney Daggett noted none of the evidence being discussed has been submitted in specific
accordance with the provisions of the Code; however, because Council can ask questions and
request this information, Council may want to consider whether it would like to essentially
suspend its decision about the materials that Ms. Liley has offered and consider whether the
Council’s consideration of the issues as the hearing proceeds lead to an interest in seeing those
documents. She noted Council also has the option of accepting those documents at this point in
the hearing.
Councilmember Campana suggested allowing the documents.
Mayor Troxell accepted into the record all of the new evidence from both sides of the appeal and
stated Council will take a break prior to starting the hearing procedure in order to allow everyone
to review the documents.
Mayor Troxell stated Mr. Gavaldon’s concern regarding the timing of Councilmember
Martinez’s conflict of interest will now be discussed.
February 16, 2016
City of Fort Collins Page 368
Mr. Gavaldon discussed the legal advice given to the Planning and Zoning Board when he was a
member and argued state law does not allow participation in an appeal process up to a point. He
stated Councilmember Martinez should have recused himself earlier.
Mayor Pro Tem Horak stated the Council process for appeals differs from the Planning and
Zoning Board process and noted Councilmember Martinez’s recusal occurred prior to the
hearing actually beginning. He noted this process follows City Code.
Councilmember Campana concurred with Mayor Pro Tem Horak’s assessment and noted the
actual hearing has not yet begun.
City Attorney Daggett stated this order of events has been suggested as there have been times
when Councilmembers have only been able to identify a conflict following the identification of
the parties-in-interest and staff report.
Mayor Troxell stated the process has occurred as it should and stated Council will take a brief
recess in order to review the documents submitted as new evidence.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
City Attorney Daggett clarified she misspoke regarding the Code specifically placing the timing
of Councilmember disclosures of conflicts of interest; however, it does address the other steps in
the process in a certain sequence and staff has recommended the conflict of interest disclosures
be triggered after the staff presentation.
Appellant Presentation
Ms. Aragon-Mitotes stated she was not at the initial neighborhood meeting for this project and
she was later asked by Mr. Martinez if she would like to hear a presentation by the developer.
She stated she saw the presentation in a meeting with the developer, Mr. Martinez, and Ms.
Ripley, after which she stated the development did not fit in the neighborhood. She was later
approached by Mr. Martinez with a proposal for the developer to fund the construction of a
culture center. She received a contract from the developer which she believed contained
unethical language stating she would be personally liable if anyone spoke out against Capstone.
Ms. Aragon-Mitotes stated she asked the Museo Board for input regarding the agreement, which
was never signed, given her concern she would be personally responsible for negative comments
against Capstone. She expressed resentment regarding what was being asked of her as part of
this agreement and opposed the character of the developer. She opposed the development as not
fitting into the neighborhood and stated these types of developments will effectively run out the
Hispanic and working class residents of the adjacent neighborhoods.
Mr. Gavaldon stated the Hearing Officer did not conduct a fair and equitable hearing and stated
compatibility and traffic are the major concerns with the project.
Applicant Presentation
Ms. Linda Ripley, applicant representative, discussed the developer and proposed student
housing development, stating the low-profile design of the project allows it to easily blend with
nearby single-family housing. Ms. Ripley discussed the site and suggested roadway orientations,
February 16, 2016
City of Fort Collins Page 369
including a roundabout. She detailed the project, its density and layout, and proposed parking
and landscape plans.
Ms. Liley stated the agreement discussed by Ms. Aragon-Mitotes has no relevance to any appeal
allegation, nor was any information presented by the appellants tying it back to an appeal
allegation.
With regard to the appeal issues, Ms. Liley stated the appellants have provided no information as
to what established rules of procedure were not followed, as alleged. The appellants have also
offered no evidence indicating what Hearing Officer bias was allegedly present. In terms of the
allegations relating to failure to properly interpret and apply the Land Use Code, Ms. Liley stated
this project provides exactly the aspects called for in the MMN zoning district and will serve as a
transition between the existing single-family uses and other uses nearby. She noted the property
boundaries are not the same as the project boundaries. The modification request would decrease
the net dwelling units per net acre from 12 to 8.2. That request aids in good transition and
neighborhood compatibility.
In terms of the allegation relating to adequate public facilities and level of service, Ms. Liley
stated there is ample evidence in the record that the required level of service D is maintained
with this project.
Appellant Rebuttal
Mr. Gavaldon stated the Andersonville neighborhood was never mentioned regarding
compatibility in staff’s presentation at the original hearing. The reality of the traffic situation is
not adequately presented in the traffic impact study and he suggested the possibility that
adequate public facilities are not being met by this proposal. Mr. Gavaldon also expressed
concern regarding the compatibility of behavior and noted the neighborhood opposes the one-
way connection between the proposed project and the existing neighborhood to the north.
Ms. Aragon-Mitotes argued this development is not compatible with the surrounding
neighborhoods and expressed concern regarding behavioral issues of brewery patrons.
Applicant Rebuttal
Ms. Liley stated four neighborhood meetings occurred, which were well attended. She argued it
is a testimony to the changes made in the project that there are fewer people opposed to the
project at this point. Additionally, Ms. Liley noted the Code section cited by the appellants deals
with building and project compatibility which deals with architecture, height, mass, and privacy.
She noted this use is permitted and meets these Code requirements.
With regard to Ms. Aragon-Mitotes’ statement that the agreement would have held her
personally liable for any negative comments made against Capstone, Ms. Liley stated that is not
true as the agreement would have been between a 501(c)(3) board and Ms. Aragon-Mitotes. It
does not bind any neighbors from making any comments whatsoever. Ms. Aragon-Mitotes
proposed the agreement as being similar to other deals she had made.
Ms. Liley stated this project will complete many important missing transportation pieces in this
area and stated her team does not find this appeal to be legally supportable.
February 16, 2016
City of Fort Collins Page 370
Council Discussion
Councilmember Campana noted one of the conditions of approval was the removal of the
roadway connection between the PDP and the Andersonville neighborhood to the north, leaving
a trail connection only. This is not typical of the Fort Collins process, as more connectivity is
always desired. He asked if this change was desired by the neighborhood. Pete Wray, Senior
City Planner, replied throughout the evolution of the project, staff heard general concerns from
the neighbors to the north regarding traffic issues. He stated the one-way connection to the south
was presented by the developer as an option for those neighborhoods, but it was not a
requirement of the project. Despite this option receiving support during the neighborhood
meeting process, the discussion for the record the night of the hearing was limited.
Councilmember Cunniff asked if this connection was contemplated in the turning movement
analysis of the roundabout on Lincoln Avenue, or if it affects the level of service. Martina
Wilkinson, Traffic Operations, replied the operational analysis of the roundabout would not be
changed with or without that connection.
Councilmember Overbeck asked about the methodology used to address traffic in the area.
Wilkinson replied staff analyzes traffic from proposed developments using a combination of
established national standards, as well as local knowledge regarding this specific type of
development. She stated the Vine and Lemay intersection would trigger the potential for
adequate public facilities when it reaches a level of service E.
Mayor Pro Tem Horak asked about the cost of the connection to the Andersonville
neighborhood. Ms. Liley replied the cost would be approximately $40,000.
Councilmember Cunniff made a motion, seconded by Councilmember Campana, that the
Hearing Officer conducted a fair hearing in her consideration of the project and the PDP, that she
did not substantially ignore previously established rules of procedure, and there was no evidence
of bias against the appellants. Furthermore, he moved the appeal of the decision on the basis that
the Hearing Officer failed to conduct a fair hearing is found to be without merit and is denied.
Councilmember Cunniff noted the Hearing Officer accepted public testimony as per the standard
rules of procedure.
Councilmember Stephens agreed with Councilmember Cunniff and stated there was no evidence
of any bias against the appellants.
RESULT: MOTION-A FAIR HEARING WAS HELD [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Councilmember Campana suggested the connection coming out of Andersonville should be
reconsidered and suggested modifying the decision of the Hearing Officer to eliminate condition
C of the approval and require that connection.
February 16, 2016
City of Fort Collins Page 371
Councilmember Stephens stated she is hesitant to change that condition as there was no clear
direction from the neighborhoods and there was some concern the roadway would not be utilized
as a one-way connection.
Councilmember Cunniff stated this is a one-way connection which will only be present until
Lemay is realigned. Additionally, he suggested there is a significant amount of neighborhood
support for that connectivity.
Mayor Pro Tem Horak requested input from the appellants regarding the issue. Mr. Gavaldon
replied the neighborhood meetings did not show any consensus of neighborhood support for the
connection and argued the neighborhood does not want the connection.
Mayor Troxell requested input from the applicants regarding the issue. Ms. Liley replied it was
important to find things that could be done for the neighborhood, noting the traffic issue is an
existing problem. The developer has acquired the land and is willing to construct the connection.
Ms. Liley discussed the option of constructing the connection with bollards so as to allow that
option in the future.
Mayor Pro Tem Horak asked what techniques have been used by staff to ensure one-way flow.
Wilkinson replied that could be addressed with roadway width and signage, or with removable
bollards in case the connection proves unworkable for the neighborhood.
Mayor Pro Tem Horak asked if the cost of building this roadway in the future would increase
dramatically. Nick Haas, Northern Engineering, replied construction costs continue to rise
annually; therefore, the longer the delay, the larger the percentage of cost increase. Additionally,
he noted economies of scale would exist in constructing the roadway during other construction
on site.
Councilmember Cunniff asked when the roadwork is set to be complete. John Acken, Capstone
Collegiate Communities, replied the construction schedule is still being finalized; however, the
tentative goal would be for that type of infrastructure to be complete by the end of the year.
Mayor Pro Tem Horak suggested it would be foolish to not have the connection available.
Councilmember Campana made a motion, seconded by Councilmember Cunniff, to modify the
decision of the Hearing Officer approving the PDP by removing condition C, which directed the
removal of the roadway connection between the PDP and the Andersonville neighborhood to the
north, and by requiring bollards to be installed at the time of construction for further public
outreach to occur to determine when or if the bollards are removed. Additionally, he moved that,
except as so stated, the appeal is hereby found to be without merit and is denied.
Councilmember Stephens stated she would support the motion with the addition of the bollards.
Councilmember Campana noted this project was granted a modification to decrease the density
required by Code and stated it is a well-designed project.
Mayor Troxell stated he would support the motion and stated the project supports a number of
City objectives. He complimented the work to deal with traffic concerns.
February 16, 2016
City of Fort Collins Page 372
Councilmember Cunniff stated the contract document discussed by Ms. Aragon-Mitotes did not
seem to have any bearing on the appeal itself.
RESULT: HEARING OFFICER DECISION UPHELD, WITH CONDITIONS [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
(Secretary’s Note: Councilmember Martinez returned at this point in the meeting.)
OTHER BUSINESS
Mayor Pro Tem Horak stated Council has received a memo from staff concerning the Regional
Water Supply Collaboration Update. Staff has recommended a collaboration workshop.
Mayor Troxell received Council support for directing staff to coordinate a collaboration
workshop.
Councilmember Campana asked what board was referenced in the memo from the previous
appeal hearing and expressed concern if the board is in any way funded with City dollars. He
requested follow-up by the City Attorney and staff.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to go into
executive session for the purpose of meeting with the City Attorney and City management staff
to discuss specific legal questions related to litigation or potential litigation involving the City in
the manner in which particular policies, practices or regulations of the City may be affected by
existing proposed provisions of federal, state, or local law as permitted under Section 2-31(a)(2)
of the City Code and the Colorado Revised Statutes Section 24-6-402(4)(b).
RESULT: EXECUTIVE SESSION AUTHORIZED [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
NAYS: Martinez
ADJOURNMENT
The meeting adjourned at 10:10 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk