HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2015 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE SAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY October 6, 2015
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the September 1 and September 15, 2015 Regular Council
Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the September 1 and September 15 Regular Council
Meetings.
ATTACHMENTS
1. September 1, 2015 (PDF)
2. September 15, 2015 (PDF)
City of Fort Collins Page 208
September 1, 2015
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 Item No. 9, Postponement of Items Relating to the Kechter Farm
Second Annexation and Zoning to October 6, 2015 and noted Item No. 20, First Reading of
Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing the Zoning
Classification for that Certain Property Known as the Salud Family Health Center Rezoning, is a
public hearing which will take place during consideration of the Consent Agenda.
CITIZEN PARTICIPATION
Jack Daniels thanked the City for the flowers in the downtown area and complimented Council
and staff on making Fort Collins a beautiful place to live.
Eric Sutherland discussed a state law which would require a home rule city to go through a
courtesy development review process, known as a location and extents review, prior to acquiring
land for the construction of any facilities or utilities in unincorporated Larimer County. He
believed Boxelder Stormwater Authority is in violation of that state law.
Cheryl Distaso, Fort Collins Community Action Network, thanked Council for its work session
discussion regarding homeless citizens and encouraged additional discussion regarding the street
outreach program.
John Anderson stated language regarding sustainability still does not address the conditions that
keep people from meeting their needs.
Nancy York expressed concern regarding the City’s treatment of homeless citizens while still
fueling and funding growth. She encouraged Council to make accommodations for all citizens.
Edward Kendall, ASCSU Director of Community Affairs, supported the sense of place created
for students in Fort Collins; however, he expressed concern regarding nuisance policies and
occupancy ordinances.
Mike Pruznick discussed a response he received from Councilmembers regarding moving an
item from the Consent Agenda to the Discussion Agenda.
Sabrina Steele, Alliance for Suicide Prevention, thanked Council for making the Suicide
Awareness Month proclamation.
September 1, 2015
City of Fort Collins Page 209
Aaron Hoaglund opposed Council’s inaction on the local public indecency ordinance, stating the
current ordinance is discriminatory.
Brittany Hoaglund opposed the local public indecency ordinance stating it is discriminatory.
William Montgomery summarized a complaint he sent to Council on June 25 regarding being
evicted from a home that had violated the City’s occupancy ordinance.
Samantha Six opposed the local public indecency ordinance stating it is discriminatory.
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Pro Tem Horak stated the three-unrelated and nuisance ordinances have made tremendous
improvements in many parts of town. He met with Ms. Hoaglund to discuss her concerns.
Councilmember Campana noted he has worked with Ms. Hoaglund regarding her concerns. City
Attorney Daggett stated staff could have some options before Council regarding the public
indecency ordinance in October.
Councilmember Cunniff agreed with Mayor Pro Tem Horak’s comments regarding the three-
unrelated and nuisance ordinances. He would be willing to meet with Ms. Hoaglund. He
thanked the Alliance for Suicide Prevention for its efforts in the community.
CONSENT CALENDAR
Mayor Troxell opened the public hearing on Item No. 20, First Reading of Ordinance No. 112,
2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that
Certain Property Known as the Salud Family Health Center Rezoning.
Councilmember Martinez withdrew Item No. 18, First Reading of Ordinance No. 110, 2015,
Amending the Land Use Code Pertaining to Seasonal Overflow Shelters and Homeless Shelters,
from the Consent Agenda.
Councilmember Overbeck withdrew Item No. 15, First Reading of Ordinance No. 107, 2015,
Amending Section 23-130 of the Code of the City of Fort Collins Regarding the Disposition of
Lost, Abandoned, or Other Unclaimed Property, from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt and
approve all items not withdrawn from the Consent Agenda.
Mayor Troxell closed the public hearing on Item No. 20, First Reading of Ordinance No. 112,
2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that
Certain Property Known as the Salud Family Health Center Rezoning.
September 1, 2015
City of Fort Collins Page 210
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
1. Second Reading of Ordinance No. 090, 2015, Amending Chapter 23 of the Code of the City of
Fort Collins with Regards to Facility and Property Naming Policies. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 18, 2015 amends City Code
regarding the policy for naming City-owned facilities. The amendments clarify opportunities for public
input and the process for selecting facility names. Staff recommendations include adding a
preference for using natural feature names for City natural areas, removing the City Council ad hoc
naming committee and the ability to name facilities for living people other than donors. In place of a
City Council committee, staff recommends that the department responsible for managing the
property or facility to be named conduct a public input process and that each site receive a historical
review to help solicit possible names.
2. Second Reading of Ordinance No. 091, 2015, Appropriating Unanticipated Grant Revenue into
the Recreation Fund for the Aging Mastery Program at the Fort Collins Senior Center.
(Adopted)
This Ordinance, unanimously adopted on First Reading on August 18, 2015, appropriates grant
funds in the amount of $7,500 received from the National Council on Aging to support a yearlong
Aging Mastery Program at the Fort Collins Senior Center. The Aging Mastery Program has been
designed by the National Council on Aging and empowers older adults to make and maintain small
but impactful changes in their behaviors. The Program consists of two components, the Aging
Mastery Academy and AMP Clubs, both of which will be planned and programmed at the Fort Collins
Senior Center.
3. Second Reading of Ordinance No. 092, 2015, Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for Cultural Development and Programming
Activities, Tourism Programming, and the Fort Collins Convention and Visitors Bureau.
(Adopted)
Ordinance No. 092, 2015, unanimously adopted on First Reading on August 18, 2015, appropriates
$392,184 of which $123,448 is for 2015 Cultural Development and Programming Activities (Fort
Fund), $38,007 is for 2015 Tourism Programming (Fort Fund), and $230,729 is for 2015 Fort Collins
Convention and Visitors Bureau (CVB) activities from Unanticipated Revenue (Lodging Tax) and
Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging
Taxes for 2014 were estimated at $975,000 and actual Lodging Tax revenues collected equaled
$1,304,612.
4. Second Reading of Ordinance No. 094, 2015 Appropriating Unanticipated Grant Revenue in
the General Fund and Appropriating Funds From the Community Development and
Neighborhood Services Operating Budget for the Restorative Justice Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 18, 2015, appropriates grant
revenue to fund Restorative Justice Services within Community Development and Neighborhood
Services. 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.
September 1, 2015
City of Fort Collins Page 211
5. Second Reading of Ordinance No. 095, 2015, Appropriating Grant Revenue into the Light and
Power Fund for the Integrated Utility Services (IUS) Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 18, 2015, appropriates $125,000
in grant revenues from the American Public Power Association into Fort Collins Utilities Light and
Power Operations fund to pilot an enhanced delivery structure for energy efficiency and renewable
energy projects. The project will be implemented through the Efficiency Works Home program in
collaboration with Platte River Power Authority. Matching funds will come from existing
appropriations in Resource Conservation and incorporate an additional $25,000 from Platte River.
6. Second Reading of Ordinance No. 096, 2015 Amending to Ordinance No. 090, 2010 Relating
to the City of Fort Collins Downtown Development Authority Taxable Tax Increment Revenue
Bonds, Series 2010A, and Tax-Exempt Tax Increment Revenue Bonds, Series 2010B, to
Reduce the Respective Interest Rates on Such Bonds. (Adopted)
Ordinance No. 096, 2015, unanimously adopted on First Reading on August 18, 2015, amends the
Downtown Development Authority’s (DDA) 2010 bond series, reducing the spread on the rate
adjustment date. The DDA’s 2010 bond series is set for a rate adjustment at the 5-year mark in
2015. Great Western Bank, the bond series purchaser, has offered a rate reduction resulting in an
estimated savings of $143,000 in interest expense over the remaining 5-year life of the bonds. This
adjustment would be executed through an amendatory ordinance encompassing each bond, Series
2010A (Taxable Tax Increment Revenue Bonds) and Series 2010B (Tax-Exempt Tax Increment
Revenue Bonds). Currently these bonds are to reset at 4.5% over the 5 year U.S. Treasuries, the
amendments would reduce the spread on the two series to 3.5% over the 5 year U.S. Treasuries on
Series 2010A and 4.25% on Series 2010B.
7. Second Reading of Ordinance No. 097, 2015, Amending Provisions in Articles III and IV of
City Code Chapter 25 Concerning the Exemption of Charitable Organizations from the City's
Sales and Use Tax and Lodging Tax. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 18, 2015, amends the definition of
“charitable organization” as used in the City Code’s sales and use tax and lodging tax provisions in
order to mitigate the impact of current Colorado case law on a substantial number of the City’s
current tax exempt charitable organizations.
8. Second Reading of Ordinance No. 098, 2015, Amending Article III of Chapter 12 of the Code of
the City of Fort Collins Pertaining to Smoking in Public Areas. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 18, 2015, revises the current
Smoking in Public Places Ordinance to include exemptions for retail tobacco establishments within
the Downtown Smoke-Free Zone and for City facility users who smoke on City premises in a fully
enclosed, privately-owned vehicle. The Ordinance also provides clarification on the City-owned or
maintained sidewalks that are intended to be covered by the provisions in the current Ordinance.
9. Postponement of Items Relating to the Kechter Farm Second Annexation and Zoning to
October 6, 2015. (Adopted)
Staff requests postponement of Second Reading of the Kechter Farm Second Annexation and
Zoning Ordinances (Ordinance Nos. 099 and 100, 2015) to October 6, 2015 to allow time for Larimer
County to complete the entitlement process for Second Filing. The Larimer County Planning
Department has indicated that the Board of County Commissioners will not have taken final action in
time for the City Council to adopt the annexation and zoning on Second Reading on September 1,
2015. Under the Intergovernmental Agreement with Larimer County, the City has agreed to not
annex lands within the Fossil Creek Reservoir Area Plan until after final plan approval by the County.
The postponement to October 6, 2015 will allow time for Larimer County to complete its review
process.
September 1, 2015
City of Fort Collins Page 212
10. Second Reading of Ordinance No. 101, 2015, Amending Ordinance No. 081, 2003, to Rename
the Wiggins House and Garage at 1009 West Mountain Avenue, Fort Collins, Colorado, as the
Wiggins/Taylor Property Pursuant to Chapter 14 of the Code of the City of Fort Collins.
(Adopted)
Ordinance No. 101, 2015, unanimously adopted on First Reading on August 18, 2015, renames the
Landmark property at 1009 West Mountain Avenue, currently known as the Wiggins House and
Garage, to the Wiggins/Taylor Property, in recognition of long-time owner Patricia Taylor.
11. Second Reading of Ordinance No. 102, 2015, Designating the Schlichter/Akin/Smith Property,
1312 South College Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 18, 2015, designates the
Schlichter/Akin/Smith Property at 1312 South College Avenue as a Fort Collins landmark. The
owner of the property, MaOlPh LLC, is initiating this request.
12. Items Relating to Traffic Code Amendments Regarding Accommodation of Low-speed
Electric Vehicles and Parking Regulations. (Adopted)
A. Second Reading of Ordinance No. 103, 2015, Amending Section 1410.1 of the Fort Collins
Traffic Code Allowing Low-Speed Electric Vehicles.
B. Second Reading of Ordinance No. 104, 2015, Amending Section 1205 and 1205.5 of the Fort
Collins Traffic Code Amending Parking Restrictions.
These Ordinances, unanimously adopted on First Reading on August 18, 2015, amend two sections
of the Fort Collins Traffic Code. The amendment to Section 1410.1 will permit low speed electric
vehicles on certain City streets. Section 1205 is proposed to be amended to permit parking
configurations that will accommodate the potential for parking-protected bike lanes and back-in angle
parking.
13. First Reading of Ordinance No. 105, 2015, Appropriating Unanticipated Revenue in the
General Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable
Housing and Related Activities. (Adopted)
The purpose of this item is to return the Payment in Lieu of Taxes (PILOT) for public services and
facilities received from the Fort Collins Housing Authority in 2014 with respect to a HUD financed
Public Housing Program that provides low income rental units. The Authority paid the City of Fort
Collins PILOT of $7,271 in 2014 under a previously approved Cooperation Agreement and requests
that the City return the PILOT to fund needed affordable housing related activities.
The City may spend the PILOT revenues as it deems appropriate in accordance with law, including
remitting the funds to the Authority if the Council determines that such remittal serves a valid public
purpose. The Council has returned the PILOT payment to the Authority since 1992.
14. First Reading of Ordinance No. 106, 2015, Appropriating Prior Year Reserves in the General
Fund for the Purpose of Completing the Construction of a Public Television Studio for Fort
Collins Public Access Network. (Adopted)
The purpose of this item is to appropriate funds from PEG reserves to be spent on additional
improvements for FC-PAN’s television studio in the City’s Carnegie Building.
September 1, 2015
City of Fort Collins Page 213
15. First Reading of Ordinance No. 108, 2015, Amending Sections of the Code of the City of Fort
Collins Pertaining to City Service Areas. (Adopted)
The purpose of this item is to update Service Area definitions in City Code to reflect structural
adjustments needed to clarify organization roles, and enhance efficiency and effectiveness of the
City organization.
16. First Reading of Ordinance No. 109, 2015, Extending Ordinance No. 024, 2013, Which
Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay
Zone District Through March 9, 2016. (Adopted)
The purpose of this item is to consider a 6 month extension to the Planned Development Overlay
District (PDOD) Pilot Process as the current pilot will expire on September 9, 2015. A request has
been received by a prospective applicant within the Planned Development Overlay District (PDOD)
boundary to extend the pilot for an additional six months.
17. Items Relating to the Acquisition of Property at 4200 County Road 30. (Adopted)
A. Resolution 2015-080 Authorizing the Execution of an Intergovernmental Agreement with the City
of Loveland to Acquire and Cooperate Regarding a Parcel of Land and Water Rights at 4200
County Road 30 Within the Fort Collins – Loveland Community Separator.
B. First Reading of Ordinance No. 111, 2015, Authorizing the Conveyance of a Right of First Offer
and Right of First Refusal to the City of Loveland for Property at 4200 County Road 30.
The purpose of this item is to seek Council approval of an Intergovernmental Agreement with
Loveland outlining the parties’ rights and obligations with respect to a proposed 113-acre acquisition
in the Fort Collins-Loveland Community Separator and approval of the conveyance of a Right of First
Offer and Right of First Refusal on the same parcel to Loveland. The City of Loveland’s Water &
Power Department is purchasing 50 Units of Colorado Big Thompson Project (CBT) water historically
associated with the land. In addition, Loveland’s Parks and Recreation Department will contribute
funds towards the land. In total, Loveland will contribute $1.5M and Fort Collins will contribute $1.5M
towards the purchase price of $3M.
18. First Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing
the Zoning Classification for that Certain Property Known as the Salud Family Health Center
Rezoning. (Adopted)
The purpose of this item is to rezone 22.8 acres located at 1830 Laporte Avenue (formerly occupied
by Forney Industries) from Transition (T) to Low Density Mixed Use Neighborhood (L-M-N) and
Limited Commercial (C-L), in accordance with the Comprehensive Plan (City Plan).
19. Resolution 2015-081 Making Findings of Fact and Conclusions of Law Regarding the Appeal
of the Administrative Hearing Officer Marcus McAskin Decision Approving the River Modern
Project Development Plan. (Adopted)
On July 20, 2015, Max D. Oesterle et al. filed a Notice of Appeal on grounds that the Decision Maker
failed to properly interpret and apply certain provisions of the Land Use Code.
On August 18, 2015, City Council voted 7-0 on the motion that the Hearing Officer did not fail to
properly interpret and apply certain provisions of the Land Use Code, specifically Sections
3.4.1(E)(2), 3.5.1(B), (C), (D), and (E), and added conditions to the project’s approval.
CONSENT CALENDAR FOLLOW-UP
September 1, 2015
City of Fort Collins Page 214
Councilmember Cunniff requested clarification regarding the timeline and larger public purpose
for Item No. 17, First Reading of Ordinance No. 109, 2015, Extending Ordinance No. 024, 2013,
Which Amended the Land Use Code by the Addition of a Temporary Planned Development
Overlay Zone District Through March 9, 2016. City Manager Atteberry replied he would supply
that information prior to Second Reading.
COUNCILMEMBER REPORTS
Councilmember Campana reported on the “It’s On Us” Fort Collins campaign launch.
Additionally, he stated he was invited to participate in an event at the White House for the “Let’s
Move” campaign.
Councilmember Stephens thanked Councilmember Campana for his work regarding the “It’s On
Us” campaign. Additionally, she congratulated the Poudre Fire Authority for being accredited
by the Commission on Fire Accreditation International.
Councilmember Overbeck thanked Fort Collins for approving the placement of lights at the
City’s skate park near the Atzlan Center.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
20. First Reading of Ordinance No. 107, 2015, Amending Section 23-130 of the Code of the City of
Fort Collins Regarding the Disposition of Lost, Abandoned, or Other Unclaimed Property.
(Postponed to October 6, 2015)
The purpose of this item is to significantly reduce the volume of abandoned and unclaimed items left
and abandoned on City property. Section 23-130 of City Code sets forth a process by which lost,
abandoned, or other unclaimed property coming into the City’s possession may be sold, kept, or
destroyed by the City. Current City Code requires the City to store this property for not less than
thirty (30) days and then publish notice to afford the owner the opportunity to reclaim the property.
City staff is finding an increasing volume of abandoned and unclaimed items in deteriorated condition
within City natural areas, parks, trails, road underpasses and other public places. In addition to the
unsafe condition this property presents to the public in situ, it is also creating handling concerns and
storage challenges to those involved. This Ordinance amending Section 23 -130 sets forth a
process by which abandoned items of no utility or value may be promptly removed and destroyed
following a 24-hour notification. Finally, this amendment also adds a 30 day appeals provision to
contest the disposal of personal property. Based on recent experience, staff believes the impact of
this Ordinance will be minor as the target is abandoned or unclaimed items, not property that can be
associated with an individual or property with real or marketable value.
Councilmember Overbeck stated he pulled the item due to concerns regarding the 24-hour time
notification period.
Rick Bachand, Natural Areas Environmental Program Manager, stated that current City
regulations require lost, abandoned, or unclaimed property which has been found by City
officials to be inventoried and logged into the police services evidence system and held for a
period of 30 days followed by a 10-day notification period. Staff believes unclaimed property in
City parks and natural areas can present a public health and safety issue. The purpose of this
item is to define lost, unclaimed, and abandoned property and to set forth a process for handling
the material and a process for notifying the proper owners. Bachand discussed the public process
with stakeholders and stated many concerns centered around the 24-hour notification period.
Staff is concerned about lengthening that time period.
September 1, 2015
City of Fort Collins Page 215
Sandy Lemburg asked if notice is placed on found items indicating where the items can be
reclaimed and supported increasing the notification period to 48 hours.
Lynn Thompson, Fort Collins Homeless Coalition, supported increasing the notification period
to 48 or 72 hours. She noted officers are charged to dispose of property as they see fit and
argued property owners are the best people to make a determination of the value of a given piece
of property.
Mike Pruznick expressed concern regarding property being referenced as “items.”
Cheryl Distaso, Fort Collins Community Action Network, thanked Mr. Bachand for his
assistance and supported increasing the notification period to 72 hours.
Lynn Barker stated the photos shown are not representative of the typical homeless campground.
John Anderson questioned how this item is working toward the elimination of the conditions
which are keeping people from meeting their needs.
Councilmember Overbeck asked about the possible staff concerns with increasing the
notification period. Bachand replied the concern is with effective use of resources and timing.
The material referenced is soiled or has been exposed to the elements.
Councilmember Campana supported some type of a compromise regarding increasing the
notification period for personal property to 72 hours. Bachand reiterated this ordinance does not
reference personal property; it addresses lost, abandoned, unclaimed property which is often
destroyed or soiled. J.R. Schnelzer, Director of Parks, noted dangerous items have been found
in the city's parks and noted the collection of some of these items is actually protecting the items
themselves.
Councilmember Martinez asked how the value or utility of items is determined. Robin Cochran,
City Attorney's Office, detailed the three categories of property defined in the proposed
ordinance: first, property that seems to have some value such as sleeping bags, tents and cooking
utensils, second, items such as tarps, soiled and broken tents, or deteriorated items which appear
to have no utility, and third, items that are considered trash. Cochran stated property in the first
category which is not collected after 24 hours will be held for at least 30 days and items
determined to have little or no value due to their condition will be destroyed after the 24 hour
notification period. Additionally, Cochran noted individuals may file a protest regarding items
which have been destroyed and the City may find it appropriate to reimburse those individuals.
Councilmember Stephens expressed concern about needles and other truly unsafe items.
Schnelzer replied needle disposal units are in place with all Park Rangers and stated needles and
alcohol are immediately removed. Bachand stated Natural Areas staff also remove unsafe items
as soon as possible.
Councilmember Stephens asked if notice can be given regarding the change in policy. Bachand
replied staff would post notices at providers and trailheads.
September 1, 2015
City of Fort Collins Page 216
Councilmember Martinez expressed concern regarding the need for Police Services to deal with
the logging and storage of personal property items. Jerry Schiager, Police Services, replied there
is currently no other system in place; however, there have been discussions regarding one of the
non-profit partners providing that service. Bachand noted this amendment would reduce the
volume of material needing to be stored.
City Manager Atteberry stated staff will research the option of utilizing a non-profit for logging
and storage of personal items; however, he noted the volume of materials remains a concern.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 107, 2015, on First Reading.
Mayor Troxell commented on the reasons this Ordinance is practical and expressed support for
the Ordinance as written.
Councilmember Campana stated this Ordinance does not solve the problem and has
overcomplicated the situation.
Councilmember Martinez expressed concern with the 24-hour notification period and stated the
burden on Police Services needs to be addressed given the fact this is a communitywide issue.
City Manager Atteberry stated he will work with Chief Hutto to pursue a partnership with a
willing non-profit.
Councilmember Stephens stated she would support a 48-hour notification period and will not
support the Ordinance as written.
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to postpone
consideration of Ordinance No. 107, 2015 to October 6, 2015.
Mayor Pro Tem Horak stated due process needs to be clearly addressed with respect to the
involvement of a non-profit.
Councilmember Cunniff clarified he would like to see details around the time period, clarity in
the form of a flow chart regarding where property is distributed, and would like to have some
time allotted at a work session to further discuss the issue prior to the October meeting.
Councilmember Overbeck requested information regarding the monetary cost of the clean-up of
these items.
Councilmember Martinez expressed concern regarding the 24-hour notification period and
emphasized this is a community problem.
September 1, 2015
City of Fort Collins Page 217
RESULT: FIRST READING OF ORDINANCE NO. 107, 2015, POSTPONED TO OCTOBER
6, 2015 [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
21. First Reading of Ordinance No. 110, 2015, Amending the Land Use Code Pertaining to
Seasonal Overflow Shelters and Homeless Shelters. (Adopted on First Reading)
The purpose of this item is to add two new uses, Seasonal Overflow Shelters and Homeless
Shelters, amend Article Four to add these new uses to various appropriate zone districts and amend
Article Three to add supplemental regulations and review criteria for Seasonal Overflow Shelters
only.
Councilmember Martinez stated he pulled this item in order to brief the public regarding the
purpose of this item and to address concerns of citizens regarding the repercussions of overflow
into neighborhoods. Sue Beck-Ferkiss, Social Sustainability Specialist, replied this Land Use
Code change would allow for a procedure to activate overflow shelters in existing structures.
This change paves the way to allow consideration of locations that wish to operate an overflow
shelter. Additionally, a public neighborhood meeting would be required prior to the activation of
any location.
Cheryl Distaso, Fort Collins Community Action Network, thanked staff for work and outreach
regarding this issue and supported the Ordinance.
Lynn Thompson, Fort Collins Homeless Coalition, thanked staff for work and outreach regarding
this issue and supported the Ordinance.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 110, 2015, on First Reading.
RESULT: ORDINANCE NO. 110, 2015 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
DISCUSSION ITEMS
22. Resolution 2015-082 Directing the City Manager to Submit to the U.S. Army Corps of
Engineers the City's Comments on the Supplemental Draft Environmental Impact Statement
for the Northern Integrated Supply Project (Adopted as Amended)
The purpose of this item is to review, and to consider endorsement by resolution, comments directed
to the United States Army Corps of Engineers (Corps) regarding the Supplemental Draft
Environmental Impact Statement (SDEIS) for the Northern Integrated Supply Project (NISP). Please
note that this Agenda Item Summary and the attached comments to the Corps are intended to
protect the interests of the City by identifying the City’s concerns with NISP and the SDEIS. The
comments are further intended to create a record that establishes a firm foundation for the City’s
participation in future administrative, legal, and informal processes associated with NISP in order to
address direct impacts in Fort Collins and to the City.
September 1, 2015
City of Fort Collins Page 218
As noted for Council’s July 28 Work Session, staff believes certain areas of the SDEIS represent a
significant improvement over the 2008 Draft Environmental Impact Statement (DEIS). The Common
Technical Platform (CTP) required by the Corps for the hydrological modeling underlying the SDEIS
has provided valuable baseline information to its analysts and reviewers. Furthermore, the CTP is
being used in the City’s EIS process for the Halligan Water Supply Project. Based on the CTP, the
impacts analysis of the SDEIS has been strengthened in certain key areas. In addition, the SDEIS
includes a conceptual mitigation plan put forward by Northern Colorado Water Conservancy District
(Northern) that provides an overview of how Northern has initially proposed to deal with some of the
unavoidable impacts of NISP. The City welcomes Northern beginning the conversations around
mitigation.
Notwithstanding these valuable improvements and potential benefits, as summarized below, staff
continues to have numerous significant and fundamental concerns with respect to NISP’s impacts to
the City and the failure of the SDEIS to adequately or accurately describe all of the impacts. The
concerns include:
The absence of a critical water quality and stream temperature report that quantifies the water
quality impacts. Many of the potential impacts to Fort Collins hinge on the report’s findings.
The inclusion of a no-action alternative that is not bona fide; this improperly skews the entire
analysis in favor of the preferred alternative.
The potential for water quality degradation that could affect source water and wastewater
treatment facilities.
Flawed analyses and conclusions related to the project’s reduction of peak flows which are likely
to harm the environment and potentially increase flood risk.
In general, flawed analyses and conclusions regarding long-term degradation of habitat.
A failure to analyze an alternative that would avoid most negative impacts to Fort Collins.
A conceptual mitigation plan that is premature and inadequate because the impacts of the project
have not yet been correctly described.
A conceptual mitigation plan that includes an augmentation flow that, as currently described, is
not likely to be allowed under Colorado water law and administration.
Significant negative impacts to the recreation values of the River.
Where possible, the City’s comments include suggestions for how to improve the analysis or resolve
the City’s concerns.
Please note that the comments provided on NISP to the Corps could lead to potentially significant
delays and increased costs to the City’s Halligan Water Supply Project, since changes to the
analysis of NISP as a result of these and other comments will likely be required for both projects.
John Stokes, Natural Areas Director, noted the agency in charge of most of the review process
for the Northern Integrated Supply Project (NISP) is the Army Corps of Engineers; therefore, the
majority of the comments are directed primarily to the Army Corps. Staff had hoped the
supplemental draft environmental impact statement (SDEIS) for the project would satisfy their
concerns; however, there are certain key areas in which the SDEIS is off the mark.
The Resolution under consideration supports additional water supply for the project participants,
expresses continued concerns regarding the potential harm to Fort Collins, the inadequacies of
the SDEIS and the conceptual mitigation plan, and expresses an inability to support the project at
this time based on the City’s concerns. The Army Corps is the ultimate decision maker
regarding whether this project is permitted and a final EIS, a record of decision, State water
quality certification and State wildlife mitigation plan will be completed, moving forward. Staff
is recommending conditional opposition in order to protect the City's interests. It is impossible
to understand the full impacts of the project until some of the analyses are improved. Stokes
detalied staff's conclusions and ways in which the City's assessment differs from that of the
Army Corps.
September 1, 2015
City of Fort Collins Page 219
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Sandy Lemburg opposed the NISP project stating its supporters are encouraging uncontrolled
growth.
Mike Pruznick discussed the ways in which the NISP project does not meet the Army Corps
requirements.
Sean Conway, Weld County Commissioner, encouraged Council to examine the project from a
regional perspective.
Liz Pruzner supported the staff recommendation to oppose the project citing concerns with the
SDEIS.
Alan Apt stated this is not a 21st century plan and supported the staff recommendation.
Joe Piesman supported the staff recommendation.
Leroy Poff acknowledged the fact Northern Colorado needs water; however, he supported the
staff recommendation.
Tim Johnson supported the Resolution and staff recommendation.
Brandt Irion opposed the NISP project.
Christopher Smith, Left Hand Water District, supported the NISP project as being able to
provide a safe, reliable water source.
Zo Steeber, Fort Lupton City Council, supported the NISP project.
Greg Schmer supported the Resolution and staff recommendation and opposed the NISP project.
Rose Lew, Fort Collins Sustainability Group, stated the Army Corps needs to address climate-
related impacts of the NISP project.
Richard Livingston supported the staff recommendation.
Phillip Friedman opposed the NISP project.
Harry Rose commended staff on their thorough, well-drafted analysis of the SDEIS and
supported the staff recommendation.
Charles Kop opposed the NISP project.
Carole Hossan supported the staff recommendation but encouraged Council to fully oppose the
NISP project.
Jason Hall expressed concern peak flows cannot be guaranteed and supported the staff
recommendation.
Cordelia Stone supported the staff recommendation and opposed the NISP project.
September 1, 2015
City of Fort Collins Page 220
Laura Pritchett supported the staff recommendation and opposed the NISP project.
Elizabeth Hudetz opposed the NISP project and supported the staff recommendation.
Diane Marschke opposed the NISP project.
Gary Wockner, Save the Poudre, stated the SDEIS ignored many comments and should be
redone in order to comply with federal law.
Don van Zyl opposed the NISP project.
Karen Balogs supported the staff recommendation and Resolution.
Roger Favorg opposed the NISP project.
Mike DiTullio, Fort Collins Loveland Water District, discussed legal rights to water stating the
Poudre River is in its current state because of the City of Fort Collins' use of the river's water.
He supported the NISP project and opposed the Resolution.
Joe Kissell supported the staff recommendation and opposed the NISP project.
Scott Mason stated Council's first responsibility it to protect the Poudre for Fort Collins and
protect tax payers' investment in the river.
Gina Janett supported the staff recommendation and Resolution.
Councilmember Campana stated the number one objective is protection of Fort Collins;
however, he stated the project could potentially be done while still meeting that objective. He
asked what impact a redesign of the proposed reservoir would have on the river flows through
the city. Stokes stated the primary benefit to Fort Collins would involve the water running
through town rather than diverting most of the water at the Poudre Canal.
Councilmember Campana asked what effect that change would have on the ability of the Fort
Collins Loveland Water District to supply water to its service area. Adam Jokerst, Water
Resources Engineer, replied the modified alternative would operate similarly to other alternatives
and would have the same distribution network from Cactus Hill Reservoir to the various entities
using water through the NISP project.
Councilmember Campana asked if staff could conditionally support the project using this
modified alternative. Jokerst replied the modified alternative provides a way for the NISP
participants to develop the water they need while allowing more water to be left in the Poudre
River through town. Stokes replied it would be too early, from his perspective, to provide
conditional support even utilizing the modified alternative; at best, a Resolution expressing
neutrality should be considered because staff would want the Army Corps to do the analysis of
that alternative.
Mayor Troxell asked if any other comment periods will occur prior to the issuance of the final
EIS. Stokes replied there is typically a public comment period when the final EIS is published.
September 1, 2015
City of Fort Collins Page 221
Mayor Troxell requested additional information regarding instream flows. Eric Potyondy,
Assistant City Attorney, replied the essence of the City's comment regarding instream flows is
that the water rights that are described in the SDEIS to be used in this program are not clearly
decreed in such a way that they can be used as described in the SDEIS. Staff is generally in
support of the instream flow concept; however, as described in the SDEIS, there are several
fundamental issues which leave the instream flow program potentially susceptible to legal
challenges. These issues could potentially be addressed by modifying the program.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2015-082.
Mayor Pro Tem Horak commended staff on its work, noting the directive to complete this
Resolution came from Council. Additionally, he commended Northern and discussed Council’s
fiduciary responsibility to represent all of Fort Collins and discussed the differences between the
NISP project and the potential Halligan Reservoir project.
Councilmember Cunniff stated the purpose of this Resolution is to clearly articulate Fort Collins'
interests and to try to continue to steer the project in a better direction.
Councilmember Overbeck thanked staff for work on the Resolution.
Councilmember Stephens thanked staff and citizens who spoke and stated she would support the
Resolution.
Councilmember Martinez asked if staff had the opportunity to talk with the Army Corps
regarding some of the concerns. Stokes replied there is a very specific process which must be
followed and it does not include more informal types of conversations.
Councilmember Campana suggested the inclusion of additional mention of the proposed
modified solution.
Mayor Troxell stated it is in the City's best interest to continue to be a player in discussions
going forward. He commended the language of the Resolution and noted the importance of the
City's relationship with Northern and the Fort Collins-Loveland Water District.
Councilmember Campana made a motion for a friendly amendment, seconded by
Councilmember Martinez, to add the language "such as Fort Collins proposed modified
alternative number four" under Section 1.
City Attorney Daggett recommended the addition of "as described in the City's comments."
Mayor Pro Tem Horak and Councilmember Cunniff accepted the friendly amendment.
City Attorney Daggett suggested the additional language: "if such variant addresses the City's
fundamental concerns," which was accepted by Mayor Pro Tem Horak and Councilmember
Cunniff as well as by Councilmembers Campana and Martinez.
September 1, 2015
City of Fort Collins Page 222
RESULT: RESOLUTION 2015-082 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
(Secretary's note: The Council took a brief recess at this point in the meeting.)
23. Second Reading of Ordinance No. 080, 2015, Amending Section 1.3.4 of the Land Use Code
Pertaining to the Addition of Permitted Uses in Eight Zone Districts. (Option A or Option B)
(Adopted as Amended on Second R)
The purpose of this item is to amend the Land Use Code to require City Council review of Addition of
Permitted Use (APU) applications in eight residential zone districts. Second Reading of this
Ordinance, unanimously adopted on First Reading on July 7, 2015, was postponed to this date and
time to allow time to develop the revised final ordinance.
Two APU process options are proposed for City Council consideration:
Option A is a bifurcated process where the Planning and Zoning Board would make a decision on
a development plan conditional upon Council approval of the APU application and then forward a
recommendation to Council on the APU.
Option B is a consolidated process where the Planning and Zoning Board would review a
consolidated APU/development plan application and make a recommendation to the City
Council.
Cameron Gloss, Planning Manager, presented the two options developed by staff. Option A
would involve Planning and Zoning Board review of development applications which, if
approved, would be conditional upon Council approving the addition of a permitted use
application. Option B would involve the Planning and Zoning Board making a recommendation
on both the development and APU applications with Council making a final determination on
both aspects. Gloss outlined the process for development applications which include APUs.
Paul Patterson opposed bringing the APU applications before Council.
Michelle Haefele stated neither of the proposed options addresses the fundamental problems with
the APU process. She opposed the APU process as it exists and stated existing residents should
have more power when it comes to opposing an APU.
Mike Knowles stated the two options do not reflect the desires nor address the concerns of the
citizens that began this reform.
Councilmember Cunniff asked if the issues would be heard just like other zoning decisions of
similar size with Option A. City Attorney Daggett replied in the affirmative, stating the APUs
would be treated the same as rezonings.
Councilmember Campana noted the Planning and Zoning Board voted for Option B and
requested additional information. Gloss replied the Board believes the development plan and the
use described in the APU are linked and should be consolidated under one evaluation.
September 1, 2015
City of Fort Collins Page 223
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 080, 2015, Option A.
City Attorney Daggett read her recommended language changes for the record.
Councilmember Cunniff stated he has significant concerns regarding the APU process in
residential zones but acknowledged this is a step in the right direction in providing for additional
visibility and opportunity for citizen comment.
Mayor Troxell stated he would support the motion and thanked citizens who originally brought
the issue before Council.
RESULT: ORDINANCE NO. 080, 2015, ADOPTED AS AMENDED ON SECOND READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Mayor Pro Tem Horak requested that the City Attorney and City Manager bring back the public
indecency ordinance for discussion. He received support from Council for that request.
Councilmember Campana requested the City Manager discuss the possibility of creating an
authority in the Growth Management Area that would work through water issues.
Councilmember Cunniff stated he has historically been concerned with the water authority
model; however, there may be a good governance model which protects the rights of the existing
Fort Collins water utility rate payers, as well as the interests of the existing other water district
rate payers.
Mayor Pro Tem Horak discussed the importance of clarifying the objectives and desired
outcomes for such an authority. Additionally, he suggested including discussions with the other
entities in the scoping process.
September 1, 2015
City of Fort Collins Page 224
ADJOURNMENT
The meeting adjourned at 10:30 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 225
September 15, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT: Campana, Horak
Staff Present: Atteberry, Daggett, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry recommended Item No. 9, First Reading of Ordinance No. 113, 2015,
Appropriating Prior Year Reserves in the General, Capital Expansion and Street Oversizing
Funds to Reimburse Woodward, Inc. For Development Fees and Capital Improvement
Expansion Fees, be postponed to the October 6, 2015 regular meeting.
CITIZEN PARTICIPATION
Jack Daniels commended the flowers in the downtown area.
William Montgomery opposed the City’s camping ban, the three-unrelated rule and expressed
concern related to the availability of affordable housing in the city.
Eric Sutherland discussed the Downtown Development Authority board packet relating to
property taxes.
David Montgomery discussed the separation between homeless residents and transients.
Additionally, he reported on a 911 call he made to which there was no response and opposed the
City’s camping ban.
Kevin Cross, Fort Collins Sustainability Group, discussed mid-cycle budget offers recommended
by the City Manager related to the Climate Action Plan and supported three additional offers.
Julian (no last name given), People First and ARC of Larimer County, thanked Council for its
support of Transfort funding and supported the mid-cycle budget request for ADA accessible bus
stops.
Marilee Boylan, ARC of Larimer County Executive Director, supported the mid-cycle budget
request for ADA accessible bus stops.
Thomas Edwards, Fort Collins Bicycle Coalition, stated he did a bicycle survey at Laurel and
Remington and noted the Traffic Code was rarely followed. He expressed concern regarding the
rough surface of Remington Street.
September 15, 2015
City of Fort Collins Page 226
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez requested further information regarding Mr. Montgomery’s report on
his 911 call. City Manager Atteberry replied information will be forthcoming from Chief Hutto.
Councilmember Cunniff asked if Item 13, Items Relating to Amendments to the Fort Collins
Traffic and City Code Regarding Bicycle Regulations, will make it easier to enforce bicycle
traffic laws. City Manager Atteberry replied in the affirmative.
Councilmember Cunniff requested an update regarding the Remington greenway construction.
City Manager Atteberry replied that information will be forthcoming.
Mayor Troxell noted the work session following this meeting will address the City Manager’s
recommendations for the mid-cycle budget offers.
CONSENT CALENDAR
Eric Sutherland withdrew Items 11, 12 and 15, First Reading of Ordinance No. 115, 2015,
Authorizing the Transfer of Previously Appropriated Funds in the Storm Drainage Fund From
Individual Stormwater Basin Capital Projects, Including All Sub-Projects and Encumbrances,
into the Stormwater Basin Improvement Capital Project, Items Relating to Marijuana Code
Amendments, and Resolution 2015-084 Submitting a Substantial Modification of the Midtown
Urban Renewal Plan to the City's Planning and Zoning Board and to the Poudre School District
from the Consent Agenda.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT: Campana, Horak
1. Consideration and Approval of the Minutes of the August 11, 2015 Special Council Meeting
and the August 18, 2015 Regular Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the August 11, 2015 Special Council
Meeting and the August 18, 2015 Regular Council meeting.
2. Second Reading of Ordinance No. 105, 2015, Appropriating Unanticipated Revenue in the
General Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable
Housing and Related Activities. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2015, refunds the Payment
in Lieu of Taxes (PILOT) for public services and facilities received from the Fort Collins Housing
Authority in 2014 with respect to a HUD financed Public Housing Program that provides low income
rental units. The Authority paid the City of Fort Collins PILOT of $7,271 in 2014 under a previously
approved Cooperation Agreement and requests that the City return the PILOT to fund needed
affordable housing related activities. The City may spend the PILOT revenues as it deems
appropriate in accordance with law, including remitting the funds to the Authority if the Council
September 15, 2015
City of Fort Collins Page 227
determines that such remittal serves a valid public purpose. The Council has returned the PILOT
payment to the Authority since 1992.
3. Second Reading of Ordinance No. 106, 2015, Appropriating Prior Year Reserves in the
General Fund for the Purpose of Completing the Construction of a Public Television Studio
for Fort Collins Public Access Network. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2015, appropriates funds in
the amount of $49,535 from existing PEG reserves to be spent on additional improvements for FC-
PAN’s television studio in the City’s Carnegie Building.
4. Second Reading of Ordinance No. 108, 2015, Amending Sections of the Code of the City of
Fort Collins Pertaining to City Service Areas. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2015, updates Service
Area definitions in City Code to reflect structural adjustments needed to clarify organization roles,
and enhance efficiency and effectiveness of the City organization.
5. Second Reading of Ordinance No. 109, 2015, Extending Ordinance No. 024, 2013, Which
Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay
Zone District Through March 9, 2016. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2015, authorizes a 6-month
extension to the Planned Development Overlay District (PDOD) Pilot Process, as the current pilot will
expire on September 9, 2015. A request has been received by a prospective applicant within the
Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional six
months to March 9, 2016.
6. Second Reading of Ordinance No. 110, 2015, Amending the Land Use Code Pertaining to
Seasonal Overflow Shelters and Homeless Shelters. (Adopted)
Ordinance No. 110, 2015, unanimously adopted on First Reading on September 1, 2015, adds two
new uses, Seasonal Overflow Shelters and Homeless Shelters. Article Four will be amended to add
these new uses to various appropriate zone districts and Article Three will be amended to add
supplemental regulations and review criteria for Seasonal Overflow Shelters only.
7. Second Reading of Ordinance No. 111, 2015, Authorizing the Conveyance of a Right of First
Offer and Right of First Refusal to the City of Loveland for Property at 4200 County Road 30.
(Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2015, authorizes the
conveyance of a Right of First Offer and Right of First Refusal to the City of Loveland on property
located at 4200 County Road 30, in the Fort Collins-Loveland Community Separator. Loveland’s
Water & Power Department is purchasing 50 Units of Colorado Big Thompson Project (CBT) water
historically associated with the land. In addition, Loveland’s Parks and Recreation Department will
contribute funds towards the land. In total, Loveland will contribute $1.5M and Fort Collins will
contribute $1.5M towards the purchase price of $3M.
8. Second Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the City by
Changing the Zoning Classification for that Certain Property Known as the Salud Family
Health Center Rezoning. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2015, rezones 22.8 acres
located at 1830 LaPorte Avenue (formerly occupied by Forney Industries) from Transition (T) to Low
Density Mixed Use Neighborhood (L-M-N) and Limited Commercial (C-L), in accordance with the
Comprehensive Plan (City Plan).
September 15, 2015
City of Fort Collins Page 228
9. First Reading of Ordinance No. 113, 2015, Appropriating Prior Year Reserves in the General,
Capital Expansion and Street Oversizing Funds to Reimburse Woodward, Inc. For
Development Fees and Capital Improvement Expansion Fees. (Adopted)
The purpose of this item is to appropriate $180,994 of prior year reserves for a rebate to Woodward
for fees under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013).
The agreement provides Business Investment Assistance for the relocation of Woodward’s
headquarters, as well as an expansion of its manufacturing and office facilities to a new location at
the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and
1,700 primary jobs in the City.
10. Items Relating to Pitkin Low Stress Corridor Intergovernmental Agreement. (Adopted)
A. Resolution 2015-083 Authorizing the Execution of an Intergovernmental Agreement Between the
City and the Colorado Department of Transportation in Order for the City to Receive Federal
Transportation Alternative Program Funds for the Pitkin Street Low Stress Bicycle Corridor
Improvements.
B. First Reading of Ordinance No. 114, 2015, Appropriating Unanticipated Federal Grant Revenue
into the Capital Project Fund for the Pitkin Street Low Stress Network Corridor Improvements.
The purpose of this item is to authorize the Mayor to sign an Intergovernmental Agreement (IGA)
with the Colorado Department of Transportation (CDOT) and to appropriate unanticipated federal
grant funds of $593,000 into the Pitkin Street Low Stress Corridor Improvements Project. This
project will design and construct bicycle and pedestrian routes and crossings along the Pitkin Street
Corridor between Overland Trail and Riverside Avenue. The proposed actions will enable initiation
of the project. $148,250 in local matching funds are available in the previously appropriated Building
on Basics-Bicycle Plan Implementation.
11. Items Relating to Amendments to the Fort Collins Traffic and City Code Regarding Bicycle
Regulations. (Adopted)
A. First Reading of Ordinance No. 120, 2015, Amending the Fort Collins Traffic Code and Adding to
it a New Part 21 Regulating Bicycles.
B. First Reading of Ordinance No. 121, 2015, Amending Section 1-15 of the Code of the City of Fort
Collins Regarding the Application of the Traffic Calming Surcharge to Bicycle Traffic Infractions.
The purpose of this item is to reorganize the provisions regulating bicycles in the Fort Collins Traffic
Code (the “FCTC”) to enhance citizen accessibility of the bicycle laws, to increase citizen
understanding of such laws, and to remove the $35 Traffic Calming Surcharge that is currently
assessed on bicycle tickets.
Ordinance No. 120, 2015, is designed to increase bicycle safety, enforcement, and to further safety
goals established by Council through the 2014 Bicycle Master Plan. It incorporates all provisions
regulating bicycles that are currently dispersed sporadically throughout various sections of the FCTC
into a new Part 21 of the FCTC. Part 21 provides a common, easy to read reference both for bicycle
riders and officers enforcing the bicycle laws.
Ordinance No. 121, 2015, removes the $35 Traffic Calming Surcharge that is currently assessed on
bicycle tickets.
September 15, 2015
City of Fort Collins Page 229
12. First Reading of Ordinance No. 122, 2015 Amending Division 1 of Article II of Chapter 2 of the
Code of the City of Fort Collins to Add a New Section to Provide for Participation by Boards
and Commissions in Ad Hoc Review of Additional Issues on Request. (Adopted)
The purpose of this item is to amend the City Code to allow City boards and commissions, upon
request of the City Council or the City Manager, to participate in review and consideration of
specified matters. This will allow participation at "Super Issue" meetings by board and commission
members.
13. Resolution 2015-085 Making Appointments to the Youth Advisory Board. (Adopted)
The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Youth
Advisory Boards due to term expirations and resignations of current members.
CONSENT CALENDAR FOLLOW-UP
Councilmember Stephens congratulated the applicants and appointees to the Youth Board and
encouraged citizens to apply for board and commission positions.
Councilmember Martinez commended the Youth Board applicants.
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on Drive Electric Northern Colorado week and a workshop
at CSU about electric vehicle charging stations.
Mayor Troxell reported on his attendance at the Northern Colorado Homebuilders Association
sponsored Parade of Homes kickoff, ComicCon at the Northside Atzlan Center, and the
Oktoberfest at Anheuser Busch. Additionally, Mayor Troxell stated Fort Collins is hosting a
Grand Forks, North Dakota community group over the next few days.
Councilmember Martinez reported on the Norman Rockwell display at the Art Museum.
DISCUSSION ITEMS
NO DISCUSSION ITEMS ARE SCHEDULED.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
14. First Reading of Ordinance No. 115, 2015, Authorizing the Transfer of Previously
Appropriated Funds in the Storm Drainage Fund From Individual Stormwater Basin Capital
Projects, Including All Sub-Projects and Encumbrances, into the Stormwater Basin
Improvement Capital Project. (Adopted on First Reading)
The purpose of this item is to correct a process issue with the language of previously adopted
Ordinance No. 074, 2015, which transferred only the unallocated main Capital Project funds of the
Stormwater Enterprise. The language of that Ordinance inadvertently did not include the associated
existing sub-project Business Units and encumbrances. For proper accounting purposes and
accuracy with the City's financial system, JDEdwards, it is necessary to include the transfer of all
existing Business Unit funds and encumbrances within each Capital Project. This Ordinance
corrects that oversight.
September 15, 2015
City of Fort Collins Page 230
Eric Sutherland stated the funds referenced as being appropriated have not in fact been
appropriated.
Councilmember Martinez asked if there is any merit to the issues raised by Mr. Sutherland. Jon
Haukass, Utilities Services, replied appropriations into a capital project are non-lapsing, which is
what is being discussed with this item. City Attorney Daggett replied there are no legal defects
in the Ordinance as it is written.
Councilmember Martinez made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 115, 2015, on First Reading.
RESULT: ORDINANCE NO. 115, 2015 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT: Campana, Horak
15. Items Relating to Marijuana Code Amendments. (Adopted on First Reading)
A. First Reading of Ordinance No. 116, 2015, Amending Section 15-608 of the Code of the City of
Fort Collins to Limit to One the Number of Marijuana Store Fronts on the Same Contiguous
Property.
B. First Reading of Ordinance No. 117, 2015, Amending Sections 15-613 and 15-614 of the Code of
the City of Fort Collins to Clarify the Standard for Persons Prohibited as Licensees and to Require
a Six Month Waiting Period for Reapplication of a License for Any Applicant Denied a License by
the Marijuana Licensing Authority on the Basis of False, Misleading, or Fraudulent Statements or
Intentional Omissions of Pertinent Information.
C. First Reading of Ordinance No. 118, 2015, Amending Article IX of Chapter 12 of the Code of the
City of Fort Collins to Prohibit Marijuana Plants to be Cultivated or Kept Within Mixed-Use
Buildings and Fraternity and Sorority Houses.
D. First Reading of Ordinance No. 119, 2015, Amending Section 17-194 of the Code of the City of
Fort Collins to Prohibit the Use of Alcohol or Ethanol in the Extraction of THC or Other
Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Products
Manufacturing Facilities.
The purpose of this item is to clean up various provisions of the City Code related to marijuana. The
City of Fort Collins and local marijuana businesses are just over a year into the licensing and
operational processes, and over the course of this time, the State has enacted new legislation and
staff has identified gaps in the existing City Code provisions. Staff anticipates periodic amendments
as this industry matures.
Eric Sutherland alleged certain City ordinances related to marijuana are in violation of the State
Constitution and expressed concern regarding a lack of education and treatment options.
Councilmember Martinez asked if there are any constitutional issues with the Ordinances. City
Attorney Daggett replied interpretation of the constitutional provision is not a simplistic process
and includes room to interpret and apply the stated requirements. There are sound, constitutional
defenses when examining the Ordinances in place and those proposed.
Councilmember Cunniff requested analysis of the number of marijuana store fronts and whether
there are similar limits on liquor store fronts.
September 15, 2015
City of Fort Collins Page 231
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 116, 2015, on First Reading.
RESULT: ORDINANCE NO. 116, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District12
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT: Campana, Horak
Councilmember Martinez made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 117, 2015, on First Reading.
RESULT: ORDINANCE NO. 117, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ray Martinez, District s
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT: Campana, Horak
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 118, 2015, on First Reading.
RESULT: ORDINANCE NO. 118, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT: Campana, Horak
Councilmember Martinez made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 119, 2015, on First Reading.
RESULT: ORDINANCE NO. 119, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT: Campana, Horak
16. Resolution 2015-084 Submitting a Substantial Modification of the Midtown Urban Renewal
Plan to the City's Planning and Zoning Board and to the Poudre School District. (Adopted)
The purpose of this item is for City Council to consider adopting a resolution submitting two
modifications of the Midtown Urban Renewal Plan (the “Midtown Plan”) to the Planning and Zoning
Board (the “P&Z Board”) to review at a future meeting to determine whether these modifications are
in conformity with City Plan. It also submits the modifications to the Poudre School District to review
in an advisory capacity. This Resolution follows the action taken by the Urban Renewal Authority
Board (the “URA Board”) at its September 8, 2015 meeting. One modification would remove the
territory in the Midtown Plan area that is currently not in either of the Midtown Plan’s two approved
tax increment financing district, Prospect South and Foothills Mall (other than the area preserved in
September 15, 2015
City of Fort Collins Page 232
the plan to connect the two tax increment financing districts). The other modification would amend
wording in the Midtown Plan to clarify that the Plan identifies and describes only one urban renewal
project. Adoption of the Resolution will continue the process of modifying the Midtown Plan, which
will require future action by the Council.
Eric Sutherland expressed concern regarding the use of the word “arguably” in reference to
consultation of the School District. He stated the origins and legislative intent of the URA
statutes have been ignored.
Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2015-084.
RESULT: RESOLUTION 2015-084 ADOPTED [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT: Campana, Horak
OTHER BUSINESS
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, that the City
Council call a Special Meeting of the Council pursuant to Section 2-29(a) of the City Code for
6:00 PM on Tuesday, September 29, 2015, to be held at City Hall, 300 Laporte Avenue, for the
purpose of a possible Executive Session to discuss personnel matters related to collective
bargaining and related legal matters.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bob Overbeck, District 1
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT: Campana, Horak
ADJOURNMENT
The meeting adjourned at 6:52 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk