HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/07/2014 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE SAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY October 7, 2014
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the September 16, 2014 Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the September 16, 2014 Regular Council meeting.
ATTACHMENTS
1. September 16, 2014 (PDF)
City of Fort Collins Page 1
September 16, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff
ABSENT: Horak
Staff Present: Martino, Daggett, Knoll
AGENDA REVIEW: CITY MANAGER
Assistant City Manager DiMartino stated there were no changes to the published agenda and
announced a staff report by Downtown Development Authority Director Matt Robenalt.
CITIZEN PARTICIPATION
Mel Hilgenberg, 172 North College, announced community events, and stated Greeley Water
should give the Brinks family at least $500,000 for its easement through their property.
Chris Winslow, Fort Collins Public Access Network, showed a slideshow of the Community
Creative Center and supported funding of an Executive Director position for FCPan.
Mike Pruznick, Citizens for Recycling Choices, discussed the bag referendum petition.
Shannell Sedgwick, Fort Collins Public Access Network, supported funding of an Executive
Director position for FCPan.
Tom Hoehn, 218 South Washington, asked about the fracking moratorium appeal and whether or
not public input would be allowed.
Mike Devereaux, Fort Collins resident, supported funding for Sunday MAX service.
Cricket Elder, 801 Coulter, supported funding of an Executive Director position for FCPan.
Janice Lynne, Fort Collins resident, discussed the fracking moratorium appeal.
Gabe Kawamura, 724 Walnut Street, supported funding of an Executive Director position for
FCPan.
Rob Kagen, 1225 Buttonwood, discussed reusable bamboo bags and supported the bag fee
Ordinance.
Stephen Wallace, 2911 West Mulberry, supported an appeal of the court decision regarding the
fracking moratorium.
Eric Sutherland, 3520 Golden Currant, expressed concern regarding tax increment financing
related to the Old Town Square redevelopment.
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Alexis Hmielak, Fort Collins Public Access Network, supported funding of an Executive
Director position for FCPan.
Nancy York, 130 South Whitcomb, supported an appeal of the court decision regarding the
fracking moratorium and encouraged Council to allow citizen input of at least two minutes per
person.
Cathy Zitti, Fort Collins resident, opposed the disposable bag fee.
Jeremy Woodard, Fort Collins resident, opposed ticketing homeless residents.
Bob Kriswell, Citizens for Recycling Choices, opposed the disposable bag fee.
Cheryl Trine, 524 West Magnolia, supported an appeal of the court decision regarding the
fracking moratorium.
Louis Sharpe, 801 Birky Place, supported funding of an Executive Director position for FCPan.
Desiree Fisk, Fort Collins resident, supported funding of an Executive Director position for
FCPan and discussed homelessness in the community.
Elizabeth Hudetz, 1407 Ticonderoga, supported an appeal of the court decision regarding the
fracking moratorium.
Andrew Schneider, Fort Collins resident, supported funding of an Executive Director position for
FCPan.
Cheryl Distaso, Fort Collins Community Action Network, supported the disposable bag fee,
Sunday MAX service, and funding of an Executive Director position for FCPan.
Lea Pace, Fort Collins resident, supported an appeal of the court decision regarding the fracking
moratorium.
Jack Daniels, 172 North College, thanked Council for making Fort Collins a beautiful place to
live.
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Weitkunat requested an update regarding the Colorado Oil and Gas Association (COGA)
lawsuit. Assistant City Manager DiMartino replied that issue is scheduled for Council
consideration on September 23, at which time public comment will be allowed.
Councilmember Cunniff noted there is not yet an adopted budget and stated the Sunday MAX
service and FCPan Executive Director position will be discussed with the upcoming budget
cycle.
CONSENT CALENDAR
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt and
approve all items not withdrawn from the Consent Calendar.
City of Fort Collins Page 3
RESULT: ADOPTED [UNANIMOUS]
MOVER: Wade Troxell, District 4
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff
ABSENT: Horak
1. Consideration and Approval of the Minutes of the August 19 and September 2, 2014 Regular
Council Meetings and the September 9, 2014 Adjourned Meeting (Adopted)
The purpose of this item is to approve the minutes from the August 19 and September 2, 2014
Regular Council Meetings and the September 9, 2014 Adjourned Meeting.
3. Second Reading of Ordinance No. 115, 2014 Amending Sections 19-66, 19-67, and 19-69 of
the City Code Pertaining to the Rules for Civil Infractions. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 2, 2014, transfers civil
infraction payment processing functions to the Municipal Court from Neighborhood Services and the
Forestry Division in order to more efficiently process and track those citations and reduce
redundancy since the Municipal Court is better equipped to handle this function.
4. Second Reading of Ordinance No. 116, 2014, Extending Ordinance No. 024, 2013, Which
Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay
Zone District for One Additional Year. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 2, 2014, requests a twelve-
month extension of the Planned Development Overlay District pilot to September 9, 2015.
5. Second Reading of Ordinance No. 117, 2014, Appropriating Unanticipated Grant Revenue in
the Transportation Services Fund for the FY 2013-14 Safe Routes to School Program and
Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public
Places Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 2, 2014, appropriates
$314,903 in Safe Routes to School grant funding to design and build a new multi-use path along
Lindenmeier Road serving Tavelli Elementary School.
6. Items Relating to Larimer County’s Request for Right-of-Way and Temporary Construction
Easements Across Five City Properties to Construct, Operate and Maintain Improvements
Associated with the North Shields Street Widening and Cache la Poudre Bridge Replacement.
(Adopted)
A. Second Reading of Ordinance No. 118, 2014, Authorizing the Conveyance of a Deed of
Dedication and a Temporary Construction Easement on McMurry Natural Area to Larimer
County.
B. Second Reading of Ordinance No. 119, 2014, Authorizing the Conveyance of a Deed of
Dedication and a Temporary Construction Easement on North Shields Pond Natural Area to
Larimer County.
C. Second Reading of Ordinance No. 120, 2014, Authorizing the Conveyance of a Deed of
Dedication and a Temporary Construction Easement on Poudre River Trail Property to Larimer
County.
D. Second Reading of Ordinance No. 121, 2014, Authorizing the Conveyance of a Deed of
Dedication and a Temporary Construction Easement on City Property Located at 812 North
Shields Street to Larimer County.
City of Fort Collins Page 4
E. Second Reading of Ordinance No. 122, 2014, Authorizing the Conveyance of a Deed of
Dedication and a Temporary Construction Easement on City Railbanking Property to Larimer
County.
These Ordinances, unanimously adopted on First Reading on September 2, 2014, convey
permanent rights-of-way and temporary construction easements to Larimer County for improvements
related to the North Shields Street widening and Cache la Poudre River bridge replacement.
7. First Reading of Ordinance No. 124, 2014, Appropriating Unanticipated Grant Revenue in the
General Fund and Transferring and Appropriating Funds from the Community Development
and Neighborhood Services Operating Budget for the Restorative Justice Program. (Adopted)
The purpose of this item is to appropriate grant money 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.
Required cash match is 25% or $18,730. This will be met by appropriating $11,170 in funds from the
Community Development and Neighborhood Services operating budget designated for restorative
justice. In addition, $7,560 cash match is designated from the Eighth Judicial District Probation
Department in the form of donated staff time of the Probation restorative justice specialist. The
Probation staff co-coordinates the RESTORE Program with the RJS program director.
8. First Reading of Ordinance No. 125, 2014, Amending Section 1.3.4 of the Land Use Code to
Conform the Text to Previously Adopted Revisions. (Adopted)
The purpose of this item is to expand prohibited uses in Section 1.3.4 of the Land Use Code to
include the full scope of retail and medical marijuana uses that was defined in Ordinance No. 042
that were not included in Ordinance No. 086.
9. First Reading of Ordinance No. 126, 2014, Designating the Bode Property, 220 Remington
Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the City
Code. (Adopted)
The owner of the property, Colleen Scholz, is initiating this request for Fort Collins Landmark
designation of the Bode Property at 220 Remington Street.
10. First Reading of Ordinance No. 127, 2014, Designating the Juan and Mary Barraza Property,
412 Wood Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the City Code. (Adopted)
The owner of the property, Mary Barraza, is initiating this request for Fort Collins Landmark
designation of the Juan and Mary Barraza Property at 412 Wood Street.
END CONSENT
STAFF REPORTS
Matt Robenalt, Downtown Development Authority Executive Director, stated the DDA Board
has adopted a final schematic design for the renovation of Old Town Square. He introduced
Todd Dangerfield, Project Manager, Jim Leggitt, studioINSITE, and Keith Meyer, Ditesco
Services.
City of Fort Collins Page 5
Mr. Leggitt showed slides detailing the proposed renovation.
Councilmember Overbeck asked if citizens will have another opportunity for input. Mr.
Robenalt replied design development will occur throughout the remainder of the year and stated
details will be available on-line and at various DDA board meetings.
Councilmember Poppaw requested a link to the information from the City's website.
Councilmember Troxell requested information regarding the connectivity of the Old Town
Square area to the river district further to the north. Mr. Robenalt replied the DDA has
committed to develop the schematic level design for enhancements to Linden Street that would
allow it to function as a hybrid street.
Councilmember Troxell asked about the orientation of the stage to the Old Town Square area
rather than to the north. Mr. Leggitt replied the stage will be placed in such a way as to not
block the dialogue between Linden Street and Old Town Square and so as to allow views from
the audience of the Linden Street hotel.
Councilmember Campana agreed with potential issues regarding the location of the stage but
supported the majority of the design.
Councilmember Cunniff discussed the design of the stage and the potential closing of Mountain
Avenue on weekend evenings.
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the City’s household hazardous waste collection event.
Councilmembers Troxell and Campana reported on a tour of the Foothills Mall redevelopment
project.
Mayor Weitkunat reported on the Council Finance Committee meeting, the final meeting of the
CSU Stadium Advisory Committee, the City’s hosting of the Downtown Colorado, Inc. seminar,
and the Colorado Municipal League Mayor’s summit.
DISCUSSION ITEMS
11. Second Reading of Ordinance No. 123, 2014, Authorizing the Conveyance of a Waterline
Easement, Access Easement, and Temporary Construction Easement on City property to the
City of Greeley. (Postponed to September 23, 2014)
This Ordinance, adopted on September 2, 2014, by a vote of 5-1 (Nays: Overbeck; Poppaw absent)
authorizes the conveyance of easements to the City of Greeley across the City property known as
the City Ditch. The City of Greeley is acquiring necessary easements for its Greeley Bellvue
Pipeline Project. Greeley has requested easements for its project across a strip of property owned
by the City’s Utility Department extending south from the Poudre River. The property lies outside
City limits and is the location of the City Ditch. The Larimer County Canal No. 2 Irrigating Company
utilizes this ditch through an existing easement agreement with the City. The easements requested
by Greeley include a .19 acre (8,265 square feet) permanent waterline easement, a .133 acre (5,808
square feet) temporary construction easement, and an access easement across the existing ditch
access road.
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Eric Sutherland, 3520 Golden Currant, discussed the ownership issues related to the property in
question.
Mel Hilgenberg, 172 North College, stated the Brinks property is a top open space area and
opposed the use of the property for the easement. He stated Council should deny the City of
Greeley the easement or require a large payment to the family for the easement.
Rose Brinks, LaPorte resident, expressed disappointment that Councilmembers have not visited
the property and stated the City of Fort Collins does not own the land in question.
Councilmember Cunniff asked Ms. Brinks if she would prefer the City of Greeley to go through
eminent domain proceedings. Ms. Brinks replied the City of Fort Collins should not be involved.
Councilmember Cunniff asked about the advantages to the City of Fort Collins to grant the
easement rather than allow the City of Greeley to go through eminent domain proceedings.
Lindsay Kuntz, Real Estate Specialist, replied staff believes it is in the City’s best interest to
convey the easements by negotiated agreement in order to retain certain terms and conditions.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 123, 2014, on Second Reading.
Councilmember Overbeck stated he would not support the motion due to the City’s lack of
process with the issue.
Councilmember Troxell supported the motion as being in the City’s best interest.
Mayor Weitkunat supported the motion as being in the City’s best interest and in the best interest
of the environment.
Councilmember Cunniff stated he would not support the motion.
Mayor Weitkunat suggested the possibility of postponing the item for further consideration.
Councilmembers Troxell and Campana accepted the postponement; however, Councilmember
Campana requested specific direction for staff.
Councilmember Cunniff requested an analysis of the City’s utility interests with the canal and
how this agreement specifically addresses those interests.
Councilmember Troxell requested additional information regarding the land ownership dispute.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to postpone
Second Reading of Ordinance No. 123, 2014 to September 23, 2014.
RESULT: POSTPONED TO SEPTEMBER 23, 2014 [4 TO 2]
MOVER: Wade Troxell, District 4
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Campana, Troxell, Cunniff
NAYS: Overbeck, Poppaw
ABSENT: Horak
City of Fort Collins Page 7
12. First Reading of Ordinance No. 128, 2014, Establishing Regulations for Persons Cultivating
Marijuana in Non-Residential Structures. (Postponed to October 21, 2014)
The purpose of this item is to prohibit two or more people from growing marijuana in a non-
residential structure without having complete physical separation within the structure. Marijuana
grown by caregivers and for personal use is not tracked or inventoried. The proposed ordinance is
recommended by staff in an effort to prevent large, unregulated marijuana grows.
Ginny Sawyer, Policy and Project Manager, stated this Ordinance relates to growing marijuana
for those without business licenses. She detailed the proposed provisions of the Ordinance.
Eric Sutherland, 3520 Golden Currant, stated the City’s prohibition of growing marijuana in
multi-family structures is unconstitutional. Additionally, he stated this Ordinance is
unconstitutional as well.
Robin Shaffer, Elite Organics, opposed growing in non-residential structures and expressed
concern regarding private caregivers not having to pay taxes and licensing fees.
Councilmember Troxell requested additional information regarding the lawlessness alluded to by
Ms. Shaffer. Don Vagge, Deputy Police Chief, replied the City and Council have gone to great
lengths to regulate and monitor both recreational and medical marijuana; however, the caregiver
section is one not currently within the City’s purview. The Colorado Department of Health has
authority over caregivers; however, they do not do field inspections, therefore the City is
requesting permission to do that.
Sawyer stated this Ordinance will aid in providing the tool of accountability.
Councilmember Overbeck asked if a public open house was held regarding this item. Sawyer
replied in the negative.
Councilmember Overbeck asked if the community received formal notification about the item,
other than the usual Council process. Sawyer replied in the negative.
Councilmember Cunniff asked if this item would prohibit the shared use of commercial
structures for marijuana grows. Sawyer replied in the affirmative and stated the Ordinance also
requires odors and gas emissions to be controlled.
Councilmember Cunniff expressed concern with the inclusion of subsection C. Vagge replied
that section attempts to define separation requirements within Fort Collins and provides the
opportunity for the Police Department to be able to enforce the issues relating to large-scale
grows. Sawyer stated the elimination of that section makes it much more difficult to put
accountability on the existence of plants.
Councilmember Cunniff stated he is skeptical with the overall impact of the Ordinance.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 128, 2014, on First Reading.
Councilmember Overbeck stated he would not support the motion as a better public process
should have occurred.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to amend the
motion to strike subsection C of Section 12-142.
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Councilmember Cunniff questioned whether this is the correct tool to address concerns regarding
the inability to identify the legal chain of custody for medical marijuana patients.
Councilmember Troxell questioned whether or not the rest of the Ordinance makes sense without
subsection C.
Councilmember Campana stated subsection C would address unregulated warehouse marijuana
grows and questioned how to deal with the issues in an alternative way. Councilmember Cunniff
replied regulation of the activity rather than prohibition of the activity needs to be considered.
Sawyer stated this would be a less intrusive means to provide accountability on the law
enforcement side without putting an onerous regulatory system on top.
Vagge stated the regulation of medical necessity is currently very poorly defined in State
regulations.
The vote on the motion to amend was as follows: Yeas: Poppaw, Cunniff and Overbeck. Nays:
Weitkunat, Troxell and Campana.
THE MOTION FAILED TO PASS.
Mayor Weitkunat suggested other alternatives could perhaps be considered prior to Second
Reading in order to alleviate Councilmember Cunniff's concerns.
Councilmember Overbeck opposed the lack of public process.
Council and staff held a discussion regarding the meaning of physical separation of cultivation
areas.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to postpone
First Reading of Ordinance No. 128, 2014 to October 21, 2014.
RESULT: POSTPONED TO OCTOBER 21, 2014 [UNANIMOUS]
MOVER: Wade Troxell, District 4
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff
ABSENT: Horak
Councilmember Troxell made a motion, seconded by Councilmember Campana, to postpone First
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
2. Second Reading of Ordinance No. 113, 2014, Approving the Seventh Amendment to the Fort
Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation,
Growth Management and Related Issues. (Adopted)
This Ordinance, adopted unanimously on First Reading on September 2, 2014, updates a 2009
Intergovernmental Agreement (IGA) with the Town of Timnath to incorporate several amendments
and new land use provisions. The Land Use portions of the agreement are intended to provide
planned and orderly development of urban services along the I-25 Corridor and to establish
appropriate Growth Management and Influence Areas to support such development.
City of Fort Collins Page 9
Eric Sutherland, 3520 Golden Currant, discussed the importance of community separators and
stated a large number of planning issues, such as affordable housing and regional transportation
funding, need to be considered.
Councilmember Troxell made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 113, 2014, on Second Reading.
Councilmember Cunniff discussed the importance of community separators between Timnath
and Fort Collins.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Wade Troxell, District 4
SECONDER: Bob Overbeck, District 1
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff
ABSENT: Horak
OTHER BUSINESS
Councilmember Cunniff received Council support to obtain a detailed assessment of the situation
with respect to Police overtime. Councilmember Poppaw suggested the discussion of the issue in
a work session to coincide with budget discussions.
Councilmember Cunniff requested an update regarding the enforcement and inspection of
construction waste diversion requirements.
ADJOURNMENT
Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adjourn to
6:00 p.m., Tuesday, September 23, 2014, so that the Council may consider such business as may
come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Wade Troxell, District 4
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff
ABSENT: Horak
The meeting adjourned at 8:52 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk