HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 10/03/2017 - COMPLETE AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Ken Summers, District 3
Kristin Stephens, District 4 Cablecast on FCTV Channel 14
Ross Cunniff, District 5 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney City Manager Interim City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial
711 for Relay Colorado) for assistance.
Regular Meeting
October 3, 2017
Proclamations and Presentations
5:30 p.m.
A. Proclamation Declaring the Month of October as Domestic Violence Awareness Month.
B. Proclamation Declaring October as Breast Cancer Awareness Month.
C. Proclamation Declaring October 6, 2017, as Manufacturing Day.
D. Proclamation Declaring the week of October 1-7, 2017, as Public Power Week.
E. Proclamation Declaring October as National Cybersecurity Awareness Month.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
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Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the
Consent Calendar. Anyone may request an item on this calendar be “pulled” off the
Consent Calendar and considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion
Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion
Items.
CITIZEN PARTICIPATION
Individuals may comment regarding items scheduled on the Consent Calendar and items not
specifically scheduled on the agenda. Comments regarding land use projects for which a development
application has been filed should be submitted in the development review process** and not to the
Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of
speaking time remain, and will beep again and turn red when a speaker’s time to speak has
ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the
important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone
may request an item on this calendar to be "pulled" off the Consent Calendar and considered
separately. Agenda items pulled from the Consent Calendar will be considered separately under
Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with
one vote. The Consent Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
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1. Consideration and Approval of the Minutes from the September 5, 2017 Regular Council Meeting
and the September 12, 2017 Adjourned Council Meeting.
The purpose of this item is to approve the minutes from the September 5, 2017, Regular meeting
and the September 12, 2017 Adjourned meeting.
2. Second Reading of Ordinance No. 129, 2017, Amending Articles 2, 3, 4 and 5 of the Land Use Code
Regarding Off-Site Construction Staging.
This Ordinance, unanimously adopted on First Reading on September 19, 2017, revises the Land
Use Code to include off-site construction staging as a permitted use. This Ordinance will create a
license process to establish this use and provide requirements for approval of off-site construction
staging.
3. First Reading of Ordinance No. 130, 2017, Appropriating Prior Year Reserves and Unanticipated
Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts Between
Funds or Projects.
The purpose of this item is to combine dedicated and unanticipated revenues or reserves that need
to be appropriated before the end of the year to cover the related expenses that were not anticipated
and, therefore, not included in the 2017 annual budget appropriation. The unanticipated revenue is
primarily from fees, charges, rents, contributions and grants that have been paid to City departments
to offset specific expenses.
4. First Reading of Ordinance No. 131, 2017, Appropriating Prior Year Reserves in the General Fund to
Reimburse Avago Wireless Technologies (USA) Manufacturing, LLC for Use Taxes and Business
Property Taxes as Provided in Business Investment Agreements.
The purpose of this item is to appropriate $397,716 of prior year reserves from the General Fund for
a rebate to Avago Technologies Wireless (U.S.A.) Mfg., LLC. (“Avago”) for use tax and business
personal property tax rebates under two business investment agreements. The agreements
provide business investment assistance to Avago for the expansion and retrofit of Avago’s
Building 4 for a wafer fabrication facility in 2012 and for a FBAR clean room facility in 2013. These
two projects were required to create an additional 227 primary jobs in the City, and net 617 full
time equivalents.
5. First Reading of Ordinance No. 132, 2017, Amending Chapter 7.5 of the Code of the City of Fort
Collins Regarding the Imposition of Capital Expansion Fees Adopted in Ordinance No. 049, 2017.
The purpose of this item is to amend Sec. 7.5-19 of the City Code related to the Imposition,
Computation and Collection of fees for development projects that had an approved Project
Development Plan prior to the adoption date of Ordinance No. 049, 2017.
6. Resolution 2017-089 Finding Substantial Compliance and Initiating Annexation Proceedings for the
Fox Hills Second Annexation.
The purpose of this item is to initiate annexation proceedings for the Fox Hills Second Annexation,
containing 20.4 acres, into the City of Fort Collins. The annexation is located approximately 3,300
feet west of the intersection of County Road 38E (Harmony Road) and Taft Hill Road. The
annexation area includes all of Red Fox Road, which is located on the south side of County Road
38E. The annexation area also includes 31 single-family dwellings and residual open land that are
part of the Fox Hills subdivision west of Red Fox Road. The requested zoning for this annexation is
the Residential Foothills (R-F) zone district, which complies with the City of Fort Collins Structure
Plan. The surrounding properties are existing residential uses.
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7. Resolution 2017-090 Approving the Appointment of Delynn Coldiron as City Clerk.
The purpose of this item is to approve the City Manager’s appointment of Delynn Coldiron as City
Clerk, replacing former City Clerk Wanda Winkelmann.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS
Utility Highlights (staff: Carol Webb; 10 minutes)
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be
made by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (three minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
8. Resolution 2017-091 On a Community Trust Initiative Rescinding Resolution 2006-085 and Directing
the City Manager to Create a Task Force Regarding Immigrant Communities. (staff: Jackie
Kozak-Thiel, Teresa Roche, Greg Yeager; 15 minute staff presentation; 60 minute discussion)
This item is a proposed resolution demonstrating the City’s commitment to supporting immigrant
communities by providing clarity on organizational policies and rescinding Resolution 2006-085, as
well as creating a task force to research issues relating to immigrant community members’ needs.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
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A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances not
originating from the Council's Policy Agenda or initiated by staff.)
ADJOURNMENT
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending
at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting
which have not yet been considered by the Council, will be continued to the next regular Council
meeting and will be placed first on the discussion agenda for such meeting.
PROCLAMATION
WHEREAS, Colorado law defines domestic violence as: “an act or threatened act of violence upon a
person with whom the actor is or has been involved in an intimate relationship.” and
WHEREAS, across our state and our nation, one in four women and one in seven men suffer at the
hands of someone who is supposed to love them and more than 15 million children are exposed to domestic
violence each year; and
WHEREAS, according to the National Coalition Against Domestic Violence, almost half of all murders
in Colorado are committed by an intimate partner; and
WHEREAS, during National Domestic Violence Awareness Month, we renew our commitment to
prevent domestic violence, hold perpetrators accountable for their actions, support survivors and bring hope and
healing to those affected by it; and
WHEREAS, in 2015, 432 Domestic Violence related cases were reported to Police Services, and the
state law was used as the basis for charges 410 times; and
WHEREAS, in Fort Collins, Crossroads Safehouse shelters over 500 individuals for 16,000
nights of safety and shelter annually. Additionally, over 2,000 men, women and children receive
individual and group advocacy and over 3,000 individuals are reached through educational
presentations; and
WHEREAS, many of our local nonprofit agencies, like Crossroads Safehouse, and their
volunteers offer critical assistance and support to victims in need. Victims and their children receive
potentially lifesaving crisis intervention and shelter, food, clothing, advocacy and counseling, longer-
term housing options, and legal resources, as well as referral and other supportive services to rebuild
their lives free from violence and abuse.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the
month of October as
DOMESTIC VIOLENCE AWARENESS MONTH
in the city of Fort Collins and ask the citizens of this community to help raise awareness about how to prevent,
recognize, and stop domestic violence.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this
3rd day of October, A.D. 2017.
__________________________________
ATTEST: Mayor
_____________________________
City Clerk
PROCLAMATION
WHEREAS, Breast Cancer Awareness Month (BCAM), also referred to as National
Breast Cancer Awareness Month (NBCAM), is an annual international health campaign
organized every October to increase awareness of the disease and to raise funds for research into
its cause, prevention, diagnosis, treatment and cure; and
WHEREAS, breast cancer is more commonly found in women than men, but transcends
racial and ethnic backgrounds, sex, age, socio-economic status, or familial status. Breast cancer
can develop in anyone, and affects many citizens whether directly, or indirectly through a loved
one; and
WHEREAS, the City of Fort Collins recognizes the importance in identifying, and
educating its citizens on the medical resources within Fort Collins, as well as nationally
recognized ways of early detection to better assist those individuals who may be suffering from
the disease; and
WHEREAS, “Beyond the Shock” is a free, comprehensive, online guide to understanding
breast cancer. It is a resource for women and men who have been diagnosed with breast cancer, a
place for loved ones to gain a better understanding of the disease, and a tool for doctors to share
information.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim October 2017 as
NATIONAL BREAST CANCER AWARENESS MONTH
and encourage all citizens to learn about early detection practices, and educational resources
provided to those who are affected by this disease in order to better maintain and assist our
citizens in leading healthy, long lives.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 3rd day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, manufacturers in Fort Collins contribute significantly to the economic
health and wellbeing of our community; and
WHEREAS, manufacturers provide well-paying jobs in our region; and
WHEREAS, Manufacturing Day, officially occurring on the first Friday in October,
celebrates modern manufacturing and the opportunity for local businesses to highlight the
importance of their work to the economy; and
WHEREAS, the Fort Collins-Loveland area employs about 13,000 people in
manufacturing jobs, making an average of $70,000 a year; and
WHEREAS, Fort Collins is home to many manufacturers who are primary employers
whose products are made here and shipped all over the world; and
WHEREAS, the City is a partner in the NoCo Manufacturing Partnership, a group of
more than 50 northern Colorado manufacturing companies that address common issues in the
industry; and
WHEREAS, the City has provided funds supporting more than 1,000 high school
students touring manufacturing facilities to increase student awareness of manufacturing.
NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim October 6, 2017 as
MANUFACTURING DAY
in honor of manufacturing businesses in Fort Collins and their contribution to the economy.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this3rd day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
_________________________________
Interim City Clerk
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PROCLAMATION
WHEREAS, we the citizens of Fort Collins, Colorado, value local control of our
community services and have chosen to operate a community-owned, locally controlled, not-for-
profit electric utility; and
WHEREAS, Fort Collins Utilities Light and Power is the second largest municipal
electric utility in Colorado; and
WHEREAS, Fort Collins Utilities and Platte River Power Authority provide our homes,
businesses and schools with safe, reliable, environmentally responsible and low-cost electricity;
and
WHEREAS, Fort Collins Utilities and Platte River Power Authority are valuable
community partners that contribute substantially to the well-being of local citizens through
energy efficiency, customer service, environmental protection, economic development and safety
awareness.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim the week of October 1-7, 2017, as
PUBLIC POWER WEEK
in Fort Collins to honor Fort Collins Utilities and Platte River Power Authority’s consumer-
owners, policy makers, and employees who work together to provide the best possible electric
service to our community.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 3rd day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, National Cyber Security Awareness Month, celebrated every October, was
created as a collaborative effort between government and industry to ensure every American has
the resources they need to stay safer and more secure online; and
WHEREAS, National Cyber Security Awareness Month is a time to focus on how
cybersecurity is a shared responsibility that affects all Americans and to raise awareness about
the importance of cybersecurity; and
WHEREAS, the City of Fort Collins recognizes the importance in identifying,
responding to and protecting against cyber threats that may have significant impact to our
individual and collective security and privacy; and
WHEREAS, critical infrastructure sectors are increasingly reliant on information
systems to support financial services, energy, telecommunications, transportation, utilities, health
care, and emergency response systems; and
WHEREAS, maintaining the security of cyberspace is a shared responsibility in which
each of us-elected officials, City staff and community members, has a critical role to play.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim October 2017 as
NATIONAL CYBER SECURITY AWARENESS MONTH
and encourage all citizens to learn about cyber security and put that knowledge into practice in
their homes, schools, workplaces, and businesses.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 3rd day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY October 3, 2017
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes from the September 5, 2017 Regular Council Meeting and the
September 12, 2017 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the September 5, 2017, Regular meeting and the
September 12, 2017 Adjourned meeting.
ATTACHMENTS
1. September 5, 2017 (PDF)
2. September 12, 2017 (PDF)
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September 5, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Jensen
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
CITIZEN PARTICIPATION
Eric Sutherland discussed the five pre-election contests challenging the form and content of
ballot questions that have been filed in Larimer County District Court. He stated the City needs
to add three characters to its ballot language for the November election in order to eliminate
conflict with the TABOR amendment.
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell stated Council has dealt with the ballot issue and the Court found in favor of the
City in its ruling yesterday.
CONSENT CALENDAR
Mayor Troxell opened the public hearing for the following items: Item No. 14, Items Relating to
the Newton First Annexation, No. 15, Public Hearing and First Reading of Ordinance No. 122,
2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes
the Property Included in the Newton First Annexation to the City of Fort Collins, Colorado, and
Approving Corresponding Changes to the Sign District Map, No. 16, Items Relating to the
Newton Second Annexation, and No. 17, Public Hearing and First Reading of Ordinance No.
124, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning
Purposes the Property Included in the Newton Second Annexation to the City of Fort Collins,
Colorado, and Approving Corresponding Changes to the Sign District Map.
Eric Sutherland withdrew Item No. 9, Second Reading of Ordinance No. 115, 2017, Amending
Section 2-493 of the Code of the City of Fort Collins Regarding Duties of Municipal Judges, and
Item No. 20, Resolution 2017-083 Appointing Kathleen M. Lane as Chief Judge of the Fort
Collins Municipal Court and Authorizing the Fourteenth Addendum to Judge Lane's
Employment Agreement, from the Consent Agenda.
Mayor Troxell closed the public hearing for Item Nos. 14, 15, 16 and 17.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
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Attachment: September 5, 2017 (5979 : Minutes-9/5, 9/12)
September 5, 2017
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RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the August 8, 2017 Special Council Meeting,
the August 15, 2017 Regular Council Meeting and the August 22, 2017 Adjourned Council
Meeting. (Adopted)
The purpose of this item is to approve the minutes from the August 8, 2017 Special Council meeting,
the August 15, 2017 Regular Council meeting and the August 22, 2017 Adjourned Council meeting.
2. Second Reading of Ordinance No. 105, 2017, Imposing a Moratorium Until December 31,
2017, Upon the Acceptance of Applications for the Installation of and/or the Issuance of
Right-of-Way Permits for New Antennas, Small Cell Facilities, Towers and Wireless Service
facilities by any Third Party in City Rights-of-Way in any Zone District. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 22, 2017, considers a moratorium
until December 31, 2017, on the installation of cellular facilities in public rights-of-way. This would
allow the City time to draft and implement appropriate regulations on such installations while still
complying with HB 17-1193, which expanded the right of companies to utilize the right of way for
small cell installations.
3. Second Reading of Ordinance No. 106, 2017, Appropriating Unanticipated Grant Revenue in
the Recreation Fund for the Vida Sana Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 15, 2017, appropriates subgrant
funds in the amount of $18,451 from the Colorado Department of Public Health and Environment,
through the Poudre Valley Health Systems' Community Health Improvement Department. The Vida
Sana Grant will address the needs of targeted health disparate populations in Fort Collins by
allowing specific discounted programming cost for Northside Aztlan Community Center exercise
programs.
4. Second Reading of Ordinance No. 107, 2017, Appropriating Unanticipated Grant Revenue in
the General Fund and Transferring Funds from the Community Development and
Neighborhood Services Operating Budget to the Grant Budget for the Restorative Justice
Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 15, 2017, appropriates grant
revenue to fund Restorative Justice Services within Community Development and Neighborhood
Services. A grant in the amount of $67,612 has been received from the Colorado Division of
Criminal Justice 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 for all other offenses. The grant period for is July 1, 2017, to June 30, 2018.
This is the first year in a 3-year cycle for the Juvenile Diversion grant.
5. Items Relating to Additional Allocations of Funding to Projects Funded in 2017 Spring Cycle
of the Competitive Process for Allocating City Financial Resources to Affordable Housing
and Community Development Activities Utilizing Funds from the Federal Community
Development Block Grant Program, Federal HOME Investment Partnerships Program, the
City’s Affordable Housing Fund Program and the City’s Human Services Program (HSP).
(Adopted)
A. Second Reading of Ordinance No. 109, 2017, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund.
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Attachment: September 5, 2017 (5979 : Minutes-9/5, 9/12)
September 5, 2017
City of Fort Collins Page 3
B. Second Reading of Ordinance No. 110, 2017, Appropriating Unanticipated Revenue in the
HOME Investment Partnerships Fund.
These Ordinances, unanimously adopted on First Reading on August 15, 2017, appropriate the
additional funding received from the Department of Housing and Urban Development (HUD) for 2017
and distribute the final funding allocations proportionately in accordance with the Community
Development Block Grant Commission’s (CDBG) recommendations. This will complete all funding
allocations related to the 2017 Spring Cycle of to Competitive Process.
6. Second Reading of Ordinance No. 111, 2017, Annexing the Property Known as the Interstate
Land Holdings Annexation to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 15, 2017, annexes an area of
approximately 12.139 acres in southeast Fort Collins. The property is situated on the northwest
corner of the I-25 and Carpenter Road intersection.
7. Second Reading of Ordinance No. 112, 2017, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in Interstate Land
Holdings Annexation to the City of Fort Collins, Colorado and Approving Corresponding
Changes to the Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules
of Meeting Procedures adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on August 15, 2017, zones the properties
included in the Interstate Land Holdings annexation into the General Commercial (CG) and Public
Open Lands (POL) zone districts. The property is situated on the northwest corner of the I-25 and
Carpenter Road intersection.
8. Second Reading of Ordinance No. 114, 2017, Repealing Article III of Chapter 15 of the Code of
the City of Fort Collins Relating to Amusement Devices and Places. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 15, 2017, repeals Article III of
Chapter 15 of City Code to remove a license requirement on amusement devices and places,
including but not limited to, pool tables, roller skating rinks, shooting galleries and electronic game
devices. Once this Ordinance is adopted, the Sales Tax Office will send a notification letter to
businesses that in 2017 have held such a license as required under Article III of Chapter 15. The
letter will contain information about the action taken by City Council with the Ordinance to repeal the
section of the Code, what that means for the business and when it goes into effect.
9. First Reading of Ordinance No. 119, 2017, Appropriating Prior Year Reserves in Anticipation
of Grant Revenue From the State of Colorado Department of Homeland Security-Office of
Emergency Management and Authorizing a Transfer to the Cultural Services Fund for the Art
in Public Places Program for the Mulberry/Riverside/Myrtle Storm Sewer Project. (Adopted)
The purpose of this item is to appropriate $1,280,663 from prior year reserves in anticipation of grant
revenue from the State of Colorado Department of Homeland Security-Office of Emergency
Management (DHSEM) and authorizing transfers to the Cultural Services Fund for the Art in Public
Places (APP) program. The grant will fund the construction of the Mulberry/Myrtle/Riverside Storm
Sewer project to mitigate flooding.
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Attachment: September 5, 2017 (5979 : Minutes-9/5, 9/12)
September 5, 2017
City of Fort Collins Page 4
10. Items Relating to the North College Improvements Project–Canal to State Highway 1.
(Adopted)
A. Resolution 2017-063 Authorizing the Mayor to Execute a Contract Amendment to the
Intergovernmental Agreement Between the City and the Colorado Department of Transportation
for the North College Improvements Project - Canal to State Highway 1.
B. Resolution 2017-064 Authorizing the Mayor to Execute an Intergovernmental Agreement
Between the City and Larimer County for the North College Improvements Project - Canal to
State Highway 1.
C. First Reading of Ordinance No. 092, 2017, Appropriating Unanticipated Grant Revenue from the
Colorado Department of Transportation, and Appropriating Unanticipated Revenue from Larimer
County in the Capital Projects Fund for the North College Improvements Project – Canal to State
Highway 1 Project and for Transfer from the Capital Projects Fund to the Cultural Services and
Facilities Fund for the Art in Public Places Program, and Appropriating Reserves from the Capital
Expansion Fund for Transfer to the Capital Projects Fund for the North College Improvements
Project – Canal to State Highway 1 Project and for Transfer to the Cultural Services and Facilities
Fund for the Art in Public Places Program.
D. First Reading of Ordinance No. 108, 2017, Authorizing the Acquisition by Eminent Domain of
Certain Lands Necessary to Construct Public Improvements in Connection with the North College
Improvements Project – Canal to State Highway 1.
The purpose of this item is the following for the North College Improvements Project – Canal to State
Highway 1:
Enable the City to receive additional federal grant and local matching funds by authorizing the
Mayor to sign two intergovernmental agreements (IGA). The first IGA is with the Colorado
Department of Transportation (CDOT) and the second IGA is with Larimer County.
Appropriate $810,000 in funding from a Federal Grant and Larimer County as well as
appropriate $400,000 in funding from the Transportation Capital Expansion Fee. These funds
will be used for the design, property acquisition, and construction of the sidewalks and
pedestrian bridges, and could include contributions to the overall roadway improvements.
Obtain eminent domain authorization, if deemed necessary, to acquire property interests needed
for construction improvements.
11. Items Relating to the Horsetooth Road and College Avenue Intersection Improvements
Project. (Adopted)
A. Resolution 2017-065 Authorizing the Mayor to Execute an Intergovernmental Agreement
Between the City and the Colorado Department of Transportation for the Horsetooth Road and
College Avenue Intersection Improvements Project.
B. First Reading of Ordinance No. 093, 2017, Appropriating Unanticipated Grant Revenue From the
North Front Range Metropolitan Planning Organization in the Capital Projects Fund for the
Horsetooth Road and College Avenue Intersection Improvements Project.
The purpose of this item is to authorize the Mayor to sign an intergovernmental agreement (IGA) for
the Horsetooth Road and College Avenue Intersection Improvements Project (the “Project”). The City
and CDOT already have an IGA in place for the Project, however, the City and CDOT wish to
execute a new IGA to add additional grant funds of $32,000 and provisions for streamlined contract
modifications using option letters. This IGA will replace the current Project IGA upon execution. This
item will also appropriate funds for the design, right-of-way acquisition, and construction of the
Project.
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Attachment: September 5, 2017 (5979 : Minutes-9/5, 9/12)
September 5, 2017
City of Fort Collins Page 5
12. First Reading of Ordinance No. 113, 2017, Amending Section 2-203 of the Code of the City of
Fort Collins Relating to the Functions of the Cultural Resources Board. (Adopted)
The purpose of this item is to update how the functions of the Cultural Resources Board (CuRB) are
described to better reflect the actual scale and responsibilities of the Cultural Services Department.
The current City Code language is outdated. It references advising the Museum director, and
matters pertaining to the operations of the Lincoln Center. The Cultural Services Director, staff
liaison to the CuRB, is responsible for directing the Lincoln Center, Museum of Discovery, Gardens
on Spring Creek, Carnegie Creative Center, and Art in Public Places program. The proposed new
language more accurately reflects the entire scope of functions currently performed by the Cultural
Services Department.
13. Items Relating to the Newton First Annexation. (Adopted)
A. Resolution 2017-081 Setting Forth Findings of Fact and Determinations Regarding the Newton
First Annexation.
B. Public Hearing and First Reading of Ordinance No. 121, 2017, Annexing the Property Known as
the Newton First Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex 0.07 acres located at 1516 West Vine Drive, between North
Shields Street and North Taft Hill Road. The Initiating Resolution was adopted on consent, July 18,
2017. The Newton First Annexation is the first of two sequential annexations, which are as follows:
Newton First - 0.0703 acres; Newton Second - 1.3760 acres; Newton Annexation total area: 1.4463
acres. A related item to zone the annexed property is presented as the next item on this Agenda.
14. Public Hearing and First Reading of Ordinance No. 122, 2017, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Newton First Annexation to the City of Fort Collins, Colorado, and Approving Corresponding
Changes to the Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules
of Meeting Procedures adopted in Resolution 2017-017.
The purpose of this item is to zone the property included in the Newton First Annexation into the
Urban Estate (UE), zone district.
15. Items Relating to the Newton Second Annexation. (Adopted)
A. Resolution 2017-082 Setting Forth Findings of Fact and Determinations Regarding the Newton
Second Annexation.
B. Public Hearing and First Reading of Ordinance No. 123, 2017, Annexing the Property Known as
the Newton Second Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex 1.3760 acres located at 1516 W Vine Drive in-between N.
Shields Street and N. Taft Hill Road. The Initiating Resolution was adopted on consent, July 18,
2017. The Newton Second Annexation is the second of two sequential annexations, which are as
follows: Newton First - 0.0703 acres; Newton Second - 1.3760 acres; Newton Annexation total area:
1.4463 acres. A related item to zone the annexed property is presented as the next item on this
Agenda.
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16. Public Hearing and First Reading of Ordinance No. 124, 2017, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Newton Second Annexation to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules
of Meeting Procedures adopted in Resolution 2017-017.
The purpose of this item is to zone the property included in the Newton Second Annexation into the
Urban Estate (UE), zone district.
17. First Reading of Ordinance No. 125, 2017, Designating the McCarty/Sheely/Dreher Property,
1300 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
The purpose of this item is to consider the designation of the McCarty/Sheely/Dreher Property,
located at 1300 West Mountain Avenue, as a Fort Collins Landmark. The owners of this property,
Anthony and Heather McNeill, have submitted this application requesting consideration of the
property for such designation.
18. First Reading of Ordinance No. 126, 2017 Authorizing the Conveyance of a Permanent Utility
Easement and a Temporary Construction Easement on City Property Located at 625 9th
Street to Public Service Company of Colorado. (Adopted)
The purpose of this item is to authorize the conveyance of easements to Public Service Company of
Colorado d/b/a Xcel Energy. The easements are needed relating to the Xcel Energy project to
provide Compressed Natural Gas for City vehicles, to the City Streets Department, located at 625
9th Street in Fort Collins.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Councilmember Martinez requested additional information regarding Item No. 8, Second
Reading of Ordinance No. 114, 2017, Repealing Article III of Chapter 15 of the Code of the City
of Fort Collins Relating to Amusement Devices and Places. City Manager Atteberry replied this
Code section has been around for decades and is a fee on pinball machines, billiard tables, and
other amusement devices. This Ordinance eliminates that section of the Code and was supported
by staff and the Council Finance Committee.
Mayor Pro Tem Horak discussed Item No. 11, Items Relating to the North College Improvements
Project-Canal to State Highway 1. He stated this item appropriates funds to complete the
thousand feet of frontage without sidewalks or bicycle lanes.
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the Engagement Event Showcase, held by the Poudre
Heritage Alliance. He stated Council received a memo from the Human Relations Commission
regarding a neo-Nazi hate flyer found in town, noting hatred and racism are in contrast to the
values of the City of Fort Collins.
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Councilmember Stephens reported on a Housing Catalyst groundbreaking event on the former
land bank property and a grand opening for the Village on Redwood, a new affordable housing
project. She echoed Councilmember Overbeck’s comments on equity.
Mayor Pro Tem Horak reported on a letter he received from a 6-year-old regarding Sunday bus
service.
Mayor Troxell reported on recent large community events including New West Fest, the first
game in the new on-campus stadium, Tour de Fat, and the Fortitude race.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
DISCUSSION ITEMS
19. Consideration of an Appeal of the Planning and Zoning Board Decision on June 15, 2017,
Approving the Crowne at Old Town North Project Development Plan 170007. (Planning and
Zoning Board Decision Upheld, with conditions)
The purpose of this item is to consider an appeal of the June 15, 2017, Planning and Zoning Board
(Board) decision approving the Crowne at Old Town North Project Development Plan. The appeal
was filed on June 28, 2017.
The appeal alleges the following fair hearing and failure to properly interpret and apply issues:
Fair Hearing Issues Alleged:
Failure to conduct a fair hearing in that the recommendation of approval made by staff
constituted grossly misleading evidence considered by the Board and relevant to its findings.
Failure to conduct a fair hearing in that the Board was not provided with enough information
regarding the concerns of the appellant prior to or during the hearing which resulted in a failure
to receive all relevant evidence offered by the appellant.
Failure to conduct a fair hearing in that the Board did not inquire further about the allegation
raised by the appellant. Instead, the Board relied on staff’s recommendation of approval which
shows that the Board has a close relationship with staff that interfered with their independent
judgment and resulted in bias against the appellant.
Failure to Properly Interpret and Apply Issue Alleged:
Failure to properly interpret and apply Land Use Code (Code) Section 3.2.2(C)(4)(b). The
appellant alleges the project did not provide sufficient enclosed bicycle parking.
Mayor Troxell noted this is a quasi-judicial matter.
City Attorney Daggett provided an overview of the appeal process and stated the subject matter
of the appeal is limited to the issues identified in the notice of appeal. She noted new evidence
related to the allegations in the notice of appeal may be allowed.
Eric Sutherland, appellant, and Lucia Liley, attorney for the applicant, identified themselves.
Mayor Troxell outlined the time allotments for presentations and rebuttals.
Tom Leeson, Community Development and Neighborhood Services Director, discussed The
Crowne at Old Town North proposal, stating the site is located near the intersection of Conifer
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Street and College Avenue and includes 304 multi-family units in 9 buildings. The Planning and
Zoning Board voted 5-0 to approve the project. Leeson discussed the appellant’s allegations.
Mr. Sutherland objected to a slide presented by Mr. Leeson regarding bicycle parking. Mr.
Leeson replied the material is part of the record and is on the site plan.
Mayor Troxell asked Councilmembers to discuss any observations made at the site visit.
Councilmember Overbeck stated he observed the property from Conifer Street and a discussion
regarding the bike parking locations occurred. Mayor Troxell stated he looked at a site plan and
participated in the discussion regarding the bike parking location.
Mayor Troxell asked if any parties-in-interest have procedural issues to address. Mr. Sutherland
replied the City Code does not make a provision for an applicant to be represented by legal
counsel. He questioned what criteria Council intends to use to determine whether the facts
presented support the allegations. He also questioned the responsibility of the burden of proof.
City Attorney Daggett stated representation by legal counsel is not expressly addressed in the
Code because it is an accepted matter of law; therefore, an express authorization has never been
seen as being needed.
Mr. Sutherland stated express authorization for representation of litigants in the Municipal Court
did not even exist until a couple of months ago. Therefore, there is a history of adopting
authorization for legal counsel.
Ms. Liley stated it is a universal practice to allow licensed attorneys to stand in place of a party
in a proceeding such as this. She noted it is usually a designated representative of the applicant
who gives these types of presentations.
Councilmember Cunniff noted applicants are frequently corporate entities; therefore, legal
representation is common.
Mayor Pro Tem Horak stated it is up to the applicant to choose the appropriate person to speak
and represent them.
Given the input, Mayor Troxell stated attorney representation is allowable.
Mayor Troxell requested input regarding Mr. Sutherland’s comments on the burden of proof.
City Attorney Daggett replied the burden of persuasion has been typically placed on the
appellant.
Mr. Sutherland stated this proceeding is quasi-judicial and discussed the meaning of that term.
Ms. Liley stated the City’s appeal process is quite clear in stating Council shall consider an
appeal based on the record, the relevant provisions of the Code and Charter, the grounds for
appeal, and the arguments made at the appeal.
Councilmember Martinez stated the criteria are very clear.
Given the input, Mayor Troxell stated the burden of proof and persuasion falls on the appellant.
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APPELLANT PRESENTATION
Mr. Sutherland stated the ultimate enforcement officials of the Land Use Code are community
citizens, yet the process for citizens to preserve their quality of life in the face of new
development is difficult.
Regarding the development and his allegations, he stated there is no place in the proposal that is
less accessible to walkways and pathways than balconies of third-story apartments. The PDP did
not show design intent to comply with the Land Use Code requirements related to enclosed
bicycle parking, as balconies should not be counted as acceptable for that requirement. Mr.
Sutherland also stated the absence of an attempt to utilize alternative compliance in this situation
speaks to the reality of the legislative intent.
Mr. Sutherland also stated the relationship between staff and the Planning and Zoning Board is
too close.
APPLICANT PRESENTATION
Ms. Liley briefly discussed the proposed project and stated it will complete many important
segments of the overall area street network, including Suniga Drive from Aspen Heights to
College, and Lupine Drive to College Avenue. Regarding the bicycle parking requirements, she
stated the project needs 60%, or 318, enclosed spaces, and 40%, or 211, fixed racks. The
applicant counted 284 spaces on ground-floor patios and on upper balconies of all units except
studios, because this is the preference of many residents. Ms. Liley stated balconies can be
reasonably interpreted as bicycle parking under the specific Code language and have been used
as such in other projects. She stated the applicant is prepared to offer a plan which does not
include counting balconies as enclosed bicycle parking spaces.
Mr. Sutherland objected to the introduction of new evidence. Ms. Liley replied she is not
introducing evidence but is offering a condition. She stated Council is specifically authorized to
modify an portion of a Planning and Zoning Board decision with a condition.
Mayor Troxell overruled the objection.
Ms. Liley discussed the other appeal allegations and requested Council find the Board conducted
a fair hearing and modify the decisions with a condition that the project’s FDP provide the
required 60% of enclosed bike parking using garage spaces or interior corridors.
APPELLANT REBUTTAL
Mr. Sutherland stated it is impossible for Council to consider a condition without receiving new
evidence.
APPLICANT REBUTTAL
Regarding the condition offered, Ms. Liley stated the Code specifically authorizes Council to
approve such conditions.
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COUNCIL DISCUSSION
Councilmember Cunniff agreed staff’s written presentation should not include anything not in
the record; therefore, Council should not consider that as part of its consideration tonight. He
asked if the applicant has made an offer to modify any portions of its proposal. Leeson replied
the applicant did submit a minor amendment application subsequent to the approval which
amends the enclosed bicycle parking to be accommodated entirely on the ground level. The
minor amendment has not been processed given this pending appeal.
Councilmember Cunniff asked if staff has an opinion about the conformance of this new
proposal with the Land Use Code. Leeson replied staff believes it meets the intent of the Code.
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to find that the
Planning and Zoning Board conducted a fair hearing in its consideration of The Crowne at Old
Town North, PDP #170007, and did not consider evidence relevant to its decision that was
substantially false or grossly misleading, did not improperly fail to receive all relevant evidence
offered by the appellant and was not biased against the appellant by reason of a conflict of
interest or other close business, personal, or social relationship that interfered with the Board’s
independent judgement, and further moved that, based on the evidence in the record and
presented at this hearing, the appeal alleging that the Board did not conduct a fair hearing is
hereby found to be without merit and is denied.
Councilmember Cunniff stated he is persuaded that staff’s opinion is not intentionally misleading
and the Board did its job appropriately, as required by the Code, with the evidence presented.
Councilmember Martinez stated there is no foundation for the appeal.
RESULT: APPEAL ALLEGATIONS FOUND TO BE WITHOUT MERIT [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to find the
Planning and Zoning Board properly interpreted and applied the provisions of Land Use Code
Section 3.2.2(c)(4)(b) regarding adequate bicycle parking, and to approve The Crowne at Old
Town North PDP #170007 as approved by the Planning and Zoning Board with the following
additional conditions: that the redesign proposed by the applicant adding enclosed bicycle
parking spaces on the ground level next to entrances and walkways and in the garage and
hallways shall be added to the approved PDP, and further moved that, except as so stated, based
on the evidence in the record and presented at this hearing, the appeal is found to be without
merit and is denied.
Councilmember Cunniff stated he does not agree balconies, which are only accessible to the
owner, are a public amenity.
Councilmember Stephens asked if bicycles will be placed in hallways as part of the redesign.
Clay Frickey, City Planner, replied the parking will be at hallway junctions and right off the
entries.
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Councilmember Summers noted balconies can still be used and questioned if this condition
creates an additional modification and expense that may potentially be punitive.
Councilmember Cunniff stated one of his concerns with third and fourth floor balcony parking
relates to tenants’ potential mobility issues.
Councilmember Stephens stated she would support the condition and suggested examining the
Land Use Code allowance of balconies as enclosed parking.
City Attorney Daggett clarified the motion language.
Ms. Liley stated the applicant has no objection to the condition and requested the motion state
the Land Use Code requirements are met with the design change.
Councilmember Cunniff made an amendment to his motion to further find that the proposed
redesign meets the applicable Land Use Code requirements. Mayor Pro Tem Horak accepted the
amendment.
RESULT: PLANNING AND ZONING BOARD DECISION UPHELD, WITH CONDITION
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gerry Horak, District 6
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Mayor Troxell closed the hearing.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
20. Second Reading of Ordinance No. 116, 2017, Amending Chapter 26 of the Code of the City of
Fort Collins to Make Various Changes Related to the Raw Water Requirements, to Hereinafter
Be Known as the “Water Supply Requirements.” (Adopted as Amended on Second Reading)
This Ordinance, adopted on First Reading on August 22, 2017, by a vote of 6-1 (Nays: Overbeck)
amends the Utilities Raw Water Requirements (RWR). The RWR are a dedication of water rights or
cash-in-lieu (CIL) of water rights to ensure that adequate water supply and associated infrastructure
are available to serve the water needs of development. The three main changes are decreasing the
amount of RWR, increasing the CIL rate and moving to a cash-focused system. These changes will
increase development costs in the Utilities water service area, but are necessary for meeting the
water needs of that development.
The draft ordinance has been revised to clarify the proposed implementation date of January 1,
2018, with such changes being: on page 1 in a new “whereas” clause; on page 8 as a new sentence
in Code Section 26-150(b); and a new Section 14 of the ordinance. Staff has also corrected minor
rounding errors in some of the values listed in the Ordinance.
Donnie Dustin, Water Resources Manager, discussed the staff recommendations and noted the
recommended implementation date has been changed to January 1, 2018 and the term “raw water
requirements” has been changed to “water supply requirements.” Dustin showed the rates for
Timnath and Wellington. Staff also recommends the changes to the raw water requirement and
cash-in-lieu rate occur simultaneously.
Eric Sutherland stated the City is legislating as though it were an island.
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Councilmember Overbeck asked about the City offering water at a discount to new
developments. Dustin replied this is an impact fee; therefore, the market value for certain water
rights cannot be charged.
Councilmember Overbeck asked how citizens can get involved the fee working group. Tiana
Smith, Revenue and Project Manager, replied there will be ways for the organizations
represented in the working group to provide feedback. Additionally, she stated she is
communicating with another broader group.
Councilmember Cunniff asked if all the enterprise funds use plan-based assessments for fees.
Dustin replied in the affirmative but noted there is also buy-in to existing infrastructure.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 116, 2017, on Second Reading.
Mayor Pro Tem Horak asked about the correct dollar figure for the implementation date.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
Lance Smith, Utilities Strategic Financial Manager, discussed the calculations and resulting
dollar figure changes that would occur for a January implementation date.
City Attorney Daggett outlined the resulting Ordinance changes.
Mayor Pro Tem Horak and Councilmember Cunniff accepted the language changes as a friendly
amendment.
RESULT: ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
21. Items Relating to Short Term Rental Ordinance Amendments. (Adopted as Amended on First
Reading)
A. First Reading of Ordinance No. 127, 2017, Amending Chapter 15 of the Code of the City of Fort
Collins Regarding Short Term Rental Licensing Regulations.
B. First Reading of Ordinance No. 128, 2017, Amending the City of Fort Collins Land Use Code
Short Term Rental Regulations.
The purpose of this item is to consider Code amendment options to allow:
Short term rentals (STRs) that were in existence prior to March 31, 2017, but did not acquire
sales and lodging tax licenses to apply for a STR license.
A property in an allowable Primary STR zone to operate a Primary STR on an abutting property.
A grandfathering provision for tenants who were operating a STR prior to March 31, 2017, with
the property owner’s permission to apply for a STR license.
Ginny Sawyer, Policy and Project Manager, stated there are three potential amendment options:
extending the deadline to allow a short-term rental to be grandfathered, looking at a property in a
zone allowing a primary short-term rental to operate a primary on a property that abuts that
property, and a grandfathering provision for tenants operating prior to March 31
st
with the
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property owner’s permission to also have the opportunity to get a license. Sawyer provided a
background of the public outreach process and the work with Host Compliance to identify short-
term rental operators.
Andrew Walter supported short-term rentals and discussed the financial benefits to the City.
Margaret Mitchell discussed the Planning and Zoning Board recommendation and opposed the
placement of short-term rentals in residential neighborhoods.
Bill Fairbank stated the short-term rental issue was discussed openly and fairly for two years
with ample opportunity for citizen input. He supported the existing ordinance and opposed
grandfathering and any changes.
Kathryn Dubiel expressed concern about renters being allowed to operate primary and non-
primary short-term rentals.
Mike Knowles discussed his agreement with the Planning and Zoning Board recommendations.
He requested the existing Ordinance be upheld.
Paul Patterson opposed the proposed Ordinance changes.
Senesa Stinebaugh provided letters from her neighbors indicating her short-term rental has not
had negative impacts on the neighborhood.
Eric Sutherland questioned whether the use by right of homeowners to operate a short-term
rental has been taken away.
Sarah Ryan supported the extension of the grandfathering date and stated the expectations for
both hosts and guests at primary short-term rentals are much higher than those for long-term
renters.
Michelle Haefele stated the existing Ordinance reflects a compromise that recognizes lodging
buildings were never a use by right. She opposed the proposed changes.
Councilmember Cunniff asked how many other home occupation businesses are allowed to take
over adjacent houses in residential zones. Ted Shepard, Chief Planner, replied the home
occupation license requires that no more than 50% of the home be devoted to the business. Per
the City Attorney’s Office, a short-term lease is still a residential use and is not considered a
home occupation.
Councilmember Martinez asked if Council provided clear direction for these changes at the
Council work session. Sawyer replied it was mentioned in the discussion.
Councilmember Martinez clarified the definition of abutting property and stated he is struggling
with renters being allowed to operate primary short-term rentals.
Mayor Pro Tem Horak made a motion, seconded by Mayor Troxell, to adopt Ordinance No. 127,
2017, on First Reading.
Mayor Pro Tem Horak stated this item was discussed in public at the work session and supported
the consideration of these amendments.
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Councilmember Cunniff stated he supported the original Ordinance and was not in favor of any
changes at the work session; however, in the interest of gaining agreement on an Ordinance more
in line with citizens’ requests, he would support a version that only changes the grandfathering
date.
Councilmember Stephens supported extending the grandfathering date.
Councilmember Overbeck stated he could support that single change.
Councilmember Summers supported extending the grandfathering date.
Mayor Troxell supported extending the grandfathering date and allowing tenants to operate
short-term rentals.
Mayor Pro Term Horak supported not including the abutting properties change.
Councilmember Cunniff asked how documentation of a tenant-operated short-term rental would
occur. Sawyer replied this activity is being identified through Host Compliance and advertising.
After discussion, Mayor Pro Tem Horak stated he would like to move for adoption of an
Ordinance that excludes the changes for abutting properties and renters.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
City Attorney Daggett discussed the necessary language changes made to the Ordinance. Mayor
Pro Tem Horak and Mayor Troxell accepted the modified language.
Councilmember Overbeck stated he cannot support the motion at this point.
Councilmember Cunniff stated he would support the motion as it is important to observe the
integrity of the Land Use Code.
Councilmember Overbeck stated he would like to see additional public input.
RESULT: ORDINANCE NO. 127, 2017 ADOPTED AS AMENDED ON FIRST READING [6
TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, Mayor
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 128, 2017, as amended, on First Reading.
City Attorney Daggett reviewed the necessary language changes made to the Ordinance, which
were accepted by Mayor Pro Tem Horak and Councilmember Cunniff.
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RESULT: ADOPTED AS AMENDED ON FIRST READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
NAYS: Overbeck
22. Public Hearing and Resolution 2017-084 Approving the Consolidated Service Plan for Waters'
Edge Metropolitan District Nos. 1, 2, 3, 4 and 5. (Postponed Indefinitely)
The purpose of this item is to consider the Waters’ Edge Metropolitan District Nos. 1-5 Service Plan.
The intent of the proposed Waters’ Edge Metropolitan District Nos. 1-5 (jointly, the Districts) is to
finance, construct, operate and maintain a number of improvements within the Waters’ Edge
development, including: a non-potable water system, parks and recreation amenities (notably a
community center and a sustainability center), and other resident amenities.
Although the application does not comply with the City’s policy on metropolitan districts in a number
of areas, staff is supportive of the application as an exemption for Council’s consideration in light of
the development’s community outcomes, such as a non-potable water system resulting in reduced
treated water requirements, community facilities, and enhanced open space and trails.
Patrick Rowe, Redevelopment Coordinator, stated a metropolitan district is a quasi-governmental
entity which has the ability to levy property taxes, impose fees, issue debt such as bonds,
construct public improvements, and provide authorized services. He discussed the Waters’ Edge
development, located just north of the Country Club, and detailed the proposed improvements to
be completed as part of this metro district, including a non-potable water system and restoration
of the No. 8 Ditch. He noted the service plan specifically excludes the power of eminent domain
proceedings.
Rowe stated the developer intends for the District to exist in perpetuity to provide services in lieu
of a homeowners association. He noted the proposal for this District is not compliant with the
City’s Metro District policy as it currently stands; however, it does provide public infrastructure
and amenities that go beyond what is typically required of a City development.
Jim Miles, Hearthfire HOA, supported the formation of the Waters’ Edge Metro District;
however, he requested its inclusions be specifically limited to Waters’ Edge wholly owned and
operated amenities.
Joe Knopinski, Waters’ Edge Metro District applicant, stated an election needs to occur this
November for the formation of the District and discussed the advantages of the District.
Bill Swalling, Waters’ Edge general partner, stated this District is innovative and implements
City Plan through creative financing for enhancements above and beyond basics.
MaryAnn McGeady, attorney representing the Metro District organizers, discussed her history of
working with Metro Districts.
Sam Sharp, investment banker for the proposed District, noted the mill levy cap insulates any of
the risk of development from the taxpayer and stated he has never seen a Metro District have a
negative impact on cities’ ratings.
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Councilmember Summers asked about the eligible electors for setting up the initial District
structure. Tom Leeson, Community Development and Neighborhood Services Director, replied
the eligible electors are the property owners at the time of the election, which would be Mr.
Swalling and his company as of this November.
Councilmember Summers asked if the mill levy has been analyzed in terms of expense to
homeowners. Rowe replied there is a cap on the mill levy and discussed the proposed amenities.
He noted the debt service portion is well thought-out and supported by the financial plan.
Councilmember Overbeck asked Mr. Sharp how many of Aurora’s metro districts have
substandard ratings. Mr. Sharp replied most metro districts start as a below investment grade
credit-rated borrower and become investment grade as they build out. Most top out at a BBB or
A rating. He stated he does not know of any that have been downgraded.
Councilmember Overbeck asked about traffic, once this development is built out. Martina
Wilkinson, Traffic Operations, replied the approval process in terms of the traffic-related
component is only for the western portion of the development. The development is improving a
large section of Turnberry Road, building a signal at Country Club and Turnberry, providing
$250,000 toward signalization at Vine and Timberline, and paying $1.5 million in street
oversizing fees for regional improvements.
Councilmember Overbeck asked about the status of the Vine and Lemay intersection. City
Manager Atteberry replied he just received a briefing on the topic; however, he is not prepared to
speak publicly about that.
Councilmember Overbeck asked how rates for community use of the common facilities will be
determined. Rowe replied Metro Districts are subject to many of the same governmental
requirements in terms of reporting. Ms. McGeady replied, because the District is a political
subdivision and quasi-municipal corporation, it has the same constitutional requirements about
setting fees that are reasonably related to the cost of service provided.
Councilmember Overbeck expressed concern not enough details have been presented regarding
the equitable accessibility of common facilities. Ms. McGeady replied residents also need to be
assured they are not subsidizing other users, given the property tax funding.
Mr. Swalling stated the most important parts of metro districts involve community connections
and are, by nature, more inclusive than HOAs.
Councilmember Overbeck asked if rooftop solar is an option for this development. Mr. Swalling
discussed the proposed solar proposal for the development. He noted geothermal may be
possible on the east side of the development.
Councilmember Cunniff asked what the developer fees will fund. Rowe replied the developer
fees are another source of funding for the Metro District. They approximately mimic impact
fees.
Councilmember Cunniff asked how much of the $31 million would be covered by developer fees
with the proposed 848 units. Rowe replied the applicant is preserving that as a revenue source,
but is not necessarily anticipating how it will be used.
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September 5, 2017
City of Fort Collins Page 17
Councilmember Cunniff asked why 50 mills of debt service is needed. Mr. Knopinski replied
the system development fee is not anticipated to be charged in the first phase, though it is a
standard metro district fee. In addition to the 50 mills, there may need to be charges for service
given the anticipated level of service. He noted the market may not bear the 50 mills, however.
Councilmember Stephens asked if there is bus and/or Dial-a-Ride service to the area. Leeson
replied there is not currently bus service; however, the upcoming Transit Plan Update will
address this part of town.
Councilmember Stephens asked about the proximity of health care facilities. Leeson replied
there would be an opportunity for a health care facility in the commercial district or future
commercial districts.
Councilmember Stephens asked if any affordable housing units were ever considered. Mr.
Swalling replied the west side has a blend of housing types and the east side is planned to be
walkable with commercial aspects. He stated he has been working with Partnership for an Age-
Friendly Community and many ideas regarding affordable housing have been discussed.
Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to postpone
indefinitely consideration of Resolution 2017-084.
Councilmember Cunniff noted the Metro District policy will be reviewed in the near future and
stated he does not want what sounds like a nice project to weigh policy-making decisions. He
stated his calculations are that the District could be created with 41 mills of debt service.
Councilmember Stephens stated this deviates too far from the City Metro District Policy.
Councilmember Overbeck stated he would have liked to have had a work session on this item
and agreed with Councilmembers Cunniff and Stephens.
Mayor Troxell stated he would oppose the motion.
RESULT: RESOLUTION 2017-084 POSTPONED INDEFINITELY [5 TO 2]
MOVER: Ross Cunniff, District 5
SECONDER: Kristin Stephens, District 4
AYES: Stephens, Summers, Overbeck, Cunniff, Horak
NAYS: Martinez, Troxell
Motion to Extend the Meeting past 10:30 PM
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to extend the
meeting past 10:30 PM, but not past 12:00 AM, to consider any remaining scheduled items of
business.
RESULT: DEFEATED [3 TO 4]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Overbeck, Troxell
NAYS: Martinez, Summers, Cunniff, Horak
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Attachment: September 5, 2017 (5979 : Minutes-9/5, 9/12)
September 5, 2017
City of Fort Collins Page 18
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
23. Second Reading of Ordinance No. 115, 2017, Amending Section 2-493 of the Code of the City
of Fort Collins Regarding Duties of Municipal Judges. (Postponed to September 12, 2017)
This Ordinance, unanimously adopted on First Reading on August 15, 2017,sets out the duties of the
Municipal Judges as referenced in Article VII, Section 1, of the City Charter.
POSTPONED TO SEPTEMBER 12, 2017
24. Resolution 2017-083 Appointing Kathleen M. Lane as Chief Judge of the Fort Collins
Municipal Court and Authorizing the Fourteenth Addendum to Judge Lane's Employment
Agreement. (Postponed to September 12, 2017)
The purpose of this item is to appoint existing Judge Kathleen M. Lane as Chief Judge and authorize
the Fourteenth Addendum to Judge Lane’s employment agreement.
POSTPONED TO SEPEMBER 12, 2017
ADJOURNMENT
Motion to Adjourn to September 12, 2017
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
PM, Tuesday, September 12, 2017 to consider the remaining items from this agenda together
with such other items as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
The meeting adjourned at 11:15 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Attachment: September 5, 2017 (5979 : Minutes-9/5, 9/12)
City of Fort Collins Page 19
September 12, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Troxell, Cunniff,
ABSENT: Horak, Summers
Staff present: Atteberry, Daggett, Jensen
1. Second Reading of Ordinance No. 115, 2017, Amending Section 2-493 of the Code of the City
of Fort Collins Regarding Duties of Municipal Judges. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on August 15, 2017, sets out the duties of
the Municipal Judges as referenced in Article VII, Section 1, of the City Charter.
Eric Sutherland stated the situation evolving off the first case filed in Municipal Court warrants a
more comprehensive review of Municipal Court procedures than what is before Council in this
item. He does not believe Council has the ability to appoint temporary judges by an
intergovernmental agreement. He suggested the formation of a citizen review board to examine
the policies.
Kathryn Dubiel discussed a Colorado Supreme Court decision from 1984 in which the Court
rendered a unanimous opinion related to the ability of citizens to petition the Municipal Court.
She stated new judges should be vetted and appointed by Council and opposed the IGA
provision.
Ann Hunt stated she was part of the first civil case brought before the Municipal Court and
discussed the issues with that case. She opposed the IGA provision.
Colleen Hoffman discussed issues related to the Municipal Court and stated it could be a model
for other cities if done appropriately. She stated Fort Collins citizens are not on a level playing
field with developers.
Councilmember Cunniff asked if a Chief Judge is required. City Attorney Daggett replied in the
affirmative and stated the Charter language specifies that Council shall appoint a judge or judges
and references Council’s role in setting compensation. The proposed Code language establishes
the Chief Judge from a practical standpoint.
Councilmember Cunniff asked if anything in the Code language would preclude Council from
appointing, by resolution, the people named in the IGA. City Attorney Daggett replied in the
negative.
Mayor Troxell asked if the Chief Judge reports to Council. City Attorney Daggett replied all of
the judges who are actually appointed under this model would report to Council and the Chief
Judge would have some role in supervising the activities of the other judges. Council currently
also appoints the Assistant Judge, Teresa Ablao.
Councilmember Martinez asked if all judges would be evaluated, or just the Chief Judge. City
Attorney Daggett replied that remains to be seen and will occur at Council’s direction.
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September 12, 2017
City of Fort Collins Page 20
Councilmember Martinez made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 155, 2017, on Second Reading.
Councilmember Overbeck supported evaluating other judges.
Mayor Troxell recommended the City Attorney bring forward recommendations related to that
process.
Councilmember Cunniff stated he would support the motion and possible evaluation of other
judges.
RESULT: ORDINANCE NO. 155, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT: Summers, Horak
2. Resolution 2017-083 Appointing Kathleen M. Lane as Chief Judge of the Fort Collins
Municipal Court and Authorizing the Fourteenth Addendum to Judge Lane's Employment
Agreement. (Adopted)
The purpose of this item is to appoint existing Judge Kathleen M. Lane as Chief Judge and authorize
the Fourteenth Addendum to Judge Lane’s employment agreement.
Eric Sutherland discussed the same Colorado Supreme Court case referenced by Ms. Dubiel. He
opposed this Resolution based primarily on the fact that it does not appear Judge Lane has
respect for the fundamental rights of Fort Collins’ citizens.
Kathryn Dubiel asked Council to direct the Chief Judge to view impartially the irregularities
involved in the conduct of the first municipal civil case brought before the Municipal Court,
should this Resolution be adopted.
Mayor Troxell asked if there were irregularities in the case mentioned. City Attorney Daggett
replied it is difficult to say if there were irregularities given the uniqueness of the case. The
judges employed by the City were challenged by the plaintiffs as having a conflict of interest;
therefore, an alternative substitute judge was arranged under the IGA. She stated she would not
characterize anything specifically as an irregularity.
Councilmember Cunniff asked if staff will be providing a series of recommendations based on
what has been learned from this case and other cities. City Attorney Daggett replied in the
affirmative.
Councilmember Stephens asked if there is any type of guide through the court system for
individual citizens. City Attorney Daggett replied the state may have some resources of that
type.
Councilmember Stephens suggested the formation of some type of guide should the Municipal
Court continue to hear civil cases.
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Attachment: September 12, 2017 (5979 : Minutes-9/5, 9/12)
September 12, 2017
City of Fort Collins Page 21
Councilmember Martinez made a motion, seconded by Councilmember Stephens, to adopt
Resolution 2017-083.
RESULT: RESOLUTION 2017-083 ADOPTED [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT: Summers, Horak
3. Resolution 2017-085 Making Findings of Fact and Conclusions of Law Regarding the Appeal
of the Planning and Zoning Board Decision to Approve the Crowne at Old Town North Project
Development Plan PDP 170007. (Adopted)
The purpose of this item is to make findings of fact and conclusions of law regarding the appeal of
the Planning and Zoning Board June 15, 2017, decision to approve the Crowne at Old Town North
Project Development Plan. The appeal was heard by City Council on September 5, 2017.
Eric Sutherland stated he will be filing an appeal of this case in the Municipal Court. He stated
Council may not approve a PDP in an appeal hearing and contended Council made a finding
based on new evidence.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2017-085 as amended to state Council modified the Board’s approval of the PDP.
RESULT: RESOLUTION 2017-085 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT: Summers, Horak
OTHER BUSINESS
Mayor Troxell and Councilmember Martinez supported Councilmember Stephens’ request
regarding material being prepared for citizens to navigate Municipal Court.
Councilmember Martinez requested an update regarding the Police Training Facility. City
Manager Atteberry replied design work is underway.
Councilmember Martinez asked about using tobacco tax funds more directly to help youth. City
Manager Atteberry replied Council has the ability to specifically direct those funds to smoking
cessation and education and that would best be done during the next budget cycle.
Councilmembers Cunniff and Stephens supported examining options.
Councilmember Overbeck requested information regarding smoking survey results.
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Attachment: September 12, 2017 (5979 : Minutes-9/5, 9/12)
September 12, 2017
City of Fort Collins Page 22
ADJOURNMENT
The meeting adjourned at 6:44 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Attachment: September 12, 2017 (5979 : Minutes-9/5, 9/12)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY October 3, 2017
City Council
STAFF
Noah Beals, Senior City Planner/Zoning
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
Chris Van Hall, Legal
SUBJECT
Second Reading of Ordinance No. 129, 2017, Amending Articles 2, 3, 4 and 5 of the Land Use Code
Regarding Off-Site Construction Staging.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 19, 2017, revises the Land Use Code to
include off-site construction staging as a permitted use. This Ordinance will create a license process to
establish this use and provide requirements for approval of off-site construction staging.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 19, 2017 (PDF)
2. Ordinance No. 129, 2017 (PDF)
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Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY September 19, 2017
City Council
STAFF
Noah Beals, Senior City Planner/Zoning
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
Chris Van Hall, Legal
SUBJECT
First Reading of Ordinance No. 129, 2017, Amending Articles 2, 3, 4 and 5 of the Land Use Code Regarding
Off-Site Construction Staging.
EXECUTIVE SUMMARY
The purpose of this item is to revise the Land Use Code (LUC) to include off-site construction staging as a
permitted use. This Ordinance will create a license process to establish this use and provide requirements for
approval of off-site construction staging.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Infill development is usually limited in space for construction activity. It is typical to see properties within the
vicinity of infill development to be used for construction staging. Vacant lots are especially susceptible to this
use and may be used for multiple development projects.
The Land Use Code is silent on the ability to use property as a staging area for construction activity. This use
has occurred in past, however its impacts are increasing as the amount of infill projects increase. The
proposed solution is to establish Off-Site Construction Staging as a use in the Land Use Code permitted in all
Zone districts through a license.
The proposed solution is to establish Off-Site Construction Staging as a use in the Land Use Code permitted in
all zone districts through a license. City staff has identified and explored regulations to adequately address
potential negative impacts to surrounding communities caused by off-site construction staging.
Revision Highlights
Four sections of Land Use Code will be amended:
Article 2 - Update public Notification section
Article 3 - Addition of new standards for the license
Article 4 - Include Off-site construction staging use to each Zone District
Article 5 - New definition for Off-site construction
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, September 19, 2017 (5978 : SR 129 Off Site Construction Staging)
Agenda Item 11
Item # 11 Page 2
CITY FINANCIAL IMPACTS
The City’s zoning staff currently reviews applications and licenses concerning Land Use Code issues. It is
anticipated that staff time for off-site construction staging will minimally increase to the current workloads.
However, this will be monitored within the first year to verify the impact.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board reviewed the proposed changes during its regularly scheduled meeting on
August 17, 2017. The drafted Code language received unanimous vote on the consent agenda to recommend
approval to City Council.
PUBLIC OUTREACH
The proposed Code language was presented to the Development Review Advisory Committee (DRAC). Staff
did not receive objections from the DRAC. Questions were asked concerning length of time of the license and
purpose of the Code changes.
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Attachment: First Reading Agenda Item Summary, September 19, 2017 (5978 : SR 129 Off Site Construction Staging)
-1-
ORDINANCE NO. 129, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLES 2, 3, 4 AND 5 OF THE LAND USE CODE
REGARDING OFF-SITE CONSTRUCTION STAGING
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, because of an increase in Citywide development, and the subsequent
increase in off-site construction staging to support such development, City staff has identified
and developed Land Use Code amendments to adequately address potential negative impacts to
surrounding communities caused by off-site construction staging; and
WHEREAS, the Planning and Zoning Board have reviewed and recommends approval of
the Land Use Code amendments regarding off-site construction staging; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments regarding off-site construction staging are in the best interests of the City and its
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2.2.6(D) of the Land Use Code is hereby amended to add a
new first table entry to read as follows:
2.2.6- Step 6: Notice
. . .
(D) Supplemental Notice Requirements
Minimum Notice Radius Sign Size
. . . . . . . . .
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Attachment: Ordinance No. 129, 2017 (5978 : SR 129 Off Site Construction Staging)
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Off-site construction staging 500 feet 12 square feet
. . .
Section 3. That Section 2.11.1(B) of the Land Use Code is hereby amended to add a
new subsection (11) which reads in its entirety as follows:
2.11.1 – Purpose and Applicability
. . .
(11) The issuance, denial, modification or revocation of an Off-Site Construction
Staging License under Section 3.8.35.
. . .
Section 4. That Article 3 of the Land Use Code is hereby amended to add a new
Section 3.8.35 that reads as follows:
3.8.35 – Off-Site Construction Staging
(A) Applicability. Use of any parcel for off-site construction staging shall be
permitted only in accordance with the provisions of an off-site construction
staging license issued pursuant to this Section 3.8.35.
(B) Purpose. The purpose of requiring an off-site construction staging licensed under
this Section 3.8.35 is to address the compatibility of off-site construction staging
with the zone districts in which they are located, mitigate the impact off-site
construction staging on adjacent parcels, the neighborhoods and environment, and
ensure the health and safety of off-site construction staging.
(C) Location. Subject to issuance of and compliance with an off-site construction
staging license under subsection (D) below, off-site construction staging shall be
permitted in specified zone districts as listed in Article 4.
(D) Off-site construction staging license.
(1) An application for an off-site construction staging license shall be
accompanied by a site and grading plan that shows the following for the
site on which the off-site construction staging is to occur:
(a) Existing grade contours of the site and of adjoining properties;
(b) Locations of different activities to be located on the site;
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Attachment: Ordinance No. 129, 2017 (5978 : SR 129 Off Site Construction Staging)
-3-
(c) List of materials and equipment to be stored on the site, including
the means and methods to safely store any hazardous material or
dangerous equipment;
(d) Any proposed grading necessary to stabilize the site;
(e) Proposed erosion control measures and storm drainage control
measures to prevent wind and water erosion, drainage impacts and
tracking mud onto streets;
(f) Flood ways and flood plains;
(g) Natural habitat and features;
(h) Fences;
(i) Restrooms;
(j) Existing trees;
(k) Existing easements and rights-of-way;
(l) Existing underground utilities;
(m) Other information necessary to describe the site;
(n) Traffic control plan reflecting means of ingress and egress to be
used;
(o) Mitigation plan to address any adverse impacts to the site, or
adjacent parcels, caused by the off-site construction staging during
and after the staging; and
(p) Restoration and final site condition plan.
(2) An off-site construction staging license shall be issued, with or without
conditions, if the Director finds that the off-site construction staging:
(a) is not detrimental to the public good; and
(b) will not cause substantial adverse impacts to the parcel on which it
is located or adjacent parcels or the environment, with or without
mitigation; and
(c) is located within a quarter (.25) of a mile of the construction or
development site to be served by the off-site construction staging.
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Attachment: Ordinance No. 129, 2017 (5978 : SR 129 Off Site Construction Staging)
-4-
(3) An off-site construction staging license issued hereunder shall expire
eighteen (18) months after the date of issuance unless an extension is
granted.
(a) A six (6) month extension may be granted by the Director upon a
finding that the conditions specified in Section 3.8.35(D)(2),
including any conditions to mitigate adverse impacts, have been
and continue to be satisfied.
(b) The Director may further extend the license up to an additional
twelve (12) months beyond the first six (6) month extension, for a
maximum total of not more than thirty-six (36) months, if a
neighborhood meeting for which the neighborhood is notified in
compliance with Section 2.2.6(D) is conducted and the Director
determines: the extension is not detrimental to the public good; and
that the license conditions specified in Section 3.8.35(D)(2),
including any conditions to mitigate adverse impacts, have been
and continue to be satisfied.
(4) After expiration of an off-site construction staging license, at least four (4)
consecutive months shall lapse before a new license is issued for the same
parcel.
(5) The Director may modify or revoke any off-site construction staging
license issued by the City for any of the following:
(a) After issuance of the license, the site or activities thereon are found
to be out of compliance with the approved application or license,
including any conditions to mitigate adverse impacts; or
(b) An adverse impact not previously anticipated at the time the
license or license extension was issued is identified and such
adverse impact cannot be adequately mitigated and/or is
detrimental to the public good.
The Director shall inform the license holder in writing of the decision to modify
or revoke the license and the reasons for same.
(6) The license holder may appeal any decision denying, modifying or
revoking an off-site construction staging license to the Zoning Board of
Appeals pursuant to Section 2.11.
(E) Restoration of Site. Within fifteen (15) days after expiration of the license, the
license holder must have completed restoration of the site consistent with the
approved restoration or final site condition plan included in the application.
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Attachment: Ordinance No. 129, 2017 (5978 : SR 129 Off Site Construction Staging)
-5-
Section 5. That Section 4.1(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subsection (5) which reads in its entirety as follows:
5. Off-site construction staging.
Section 6. That Section 4.2(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subsection (5) which reads in its entirety as follows:
5. Off-site construction staging.
Section 7. That Section 4.3(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subsection (4) which reads in its entirety as follows:
4. Off-site construction staging.
Section 8. That Section 4.4(B)(1)(b) of the Land Use Code is hereby amended by the
addition of a new subsection (4) which reads in its entirety as follows:
4. Off-site construction staging.
Section 9. That Section 4.5(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subsection (4) which reads in its entirety as follows:
4. Off-site construction staging.
Section 10. That Section 4.6(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subsection (4) which reads in its entirety as follows:
4. Off-site construction staging.
Section 11. That Section 4.7(B)(1)(b) of the Land Use Code is hereby amended by the
addition of a new subsection (5) which reads in its entirety as follows:
5. Off-site construction staging.
Section 12. That Section 4.8(B)(1)(d) of the Land Use Code is hereby amended by the
addition of a new subsection (5) which reads in its entirety as follows:
5. Off-site construction staging.
Section 13. That Section 4.9(B)(1)(d) of the Land Use Code is hereby amended by the
addition of a new subsection (5) which reads in its entirety as follows:
5. Off-site construction staging.
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Attachment: Ordinance No. 129, 2017 (5978 : SR 129 Off Site Construction Staging)
-6-
Section 14. That Section 4.10(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (3) which reads in its entirety as follows:
3. Off-site construction staging.
Section 15. That Section 4.12(B)(1) of the Land Use Code is hereby amended to by
the addition of a new subsection (c) which reads in its entirety as follows:
(c) Notwithstanding the other provisions contained in paragraphs (a) and (b)
above, a property in the T District can be used for off-site staging in
compliance with Section 3.8.25 of this Code.
Section 16. That Section 4.13(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (4) which reads in its entirety as follows:
4. Off-site construction staging.
Section 17. That Section 4.14(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (4) which reads in its entirety as follows:
4. Off-site construction staging.
Section 18. That Section 4.16(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (2) which reads in its entirety as follows:
2. Off-site construction staging.
Section 19. That Section 4.17(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 20. That Section 4.18(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 21. That Section 4.19(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 22. That Section 4.20(B)(1)(a) of the Land Use Code is hereby amended t by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
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Attachment: Ordinance No. 129, 2017 (5978 : SR 129 Off Site Construction Staging)
-7-
Section 23. That Section 4.21(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (2) which reads in its entirety as follows:
2. Off-site construction staging.
Section 24. That Section 4.22(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 25. That Section 4.23(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 26. That Section 4.24(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (2) which reads in its entirety as follows:
2. Off-site construction staging.
Section 27. That Section 4.26(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 28. That Section 4.27(B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 29. That Section 4.28 (B)(1)(a) of the Land Use Code is hereby amended by
the addition of a new subsection (6) which reads in its entirety as follows:
6. Off-site construction staging.
Section 30. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Off-site construction staging” which reads in its entirety follows:
Off-site construction staging shall mean the use of land or building or portion thereof for
activities commonly associated with and supportive of construction or development,
when such activities are not located on the parcel, or in the building, being constructed or
developed. Such activities include but are not limited to storage of construction material
and equipment, parking for those working on the construction or development, temporary
restrooms and construction offices.
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Attachment: Ordinance No. 129, 2017 (5978 : SR 129 Off Site Construction Staging)
-8-
Introduced, considered favorably on first reading, and ordered published this 19th day of
September, A.D. 2017, and to be presented for final passage on the 3rd day of October, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 3rd day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 129, 2017 (5978 : SR 129 Off Site Construction Staging)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY October 3, 2017
City Council
STAFF
Lawrence Pollack, Budget Director
Darin Atteberry, City Manager
Mike Beckstead, Chief Financial Officer
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 130, 2017, Appropriating Prior Year Reserves and Unanticipated Revenue in
Various City Funds and Authorizing the Transfer of Appropriated Amounts Between Funds or Projects.
EXECUTIVE SUMMARY
The purpose of this item is to combine dedicated and unanticipated revenues or reserves that need to be
appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore,
not included in the 2017 annual budget appropriation. The unanticipated revenue is primarily from fees,
charges, rents, contributions and grants that have been paid to City departments to offset specific expenses.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This Ordinance appropriates unanticipated revenue and prior year reserves in various City funds, and
authorizes the transfer of appropriated amounts between funds and/or projects. The City Charter permits the
City Council to appropriate unanticipated revenue received as a result of rate or fee increases or new revenue
sources, such as grants and reimbursements. The City Charter also permits the City Council to provide, by
ordinance, for payment of any expense from prior year reserves. Additionally, it authorizes the City Council to
transfer any unexpended appropriated amounts from one fund to another upon recommendation of the City
Manager, provided that the purpose for which the transferred funds are to be expended remains unchanged;
the purpose for which they were initially appropriated no longer exists; or the proposed transfer is from a fund
or capital project account in which the amount appropriated exceeds the amount needed to accomplish the
purpose specified in the appropriation ordinance.
If these appropriations are not approved, the City will have to reduce expenditures previously appropriated
even though revenue and reimbursements have been received to cover those expenditures.
The table below is a summary of the expenses in each fund that make up the increase in requested
appropriations. Also included are transfers between funds and/or projects which do not increase net
appropriations, but per the City Charter, require City Council approval to make the transfer. A table with the
specific use of prior year reserves appears at the end of the AIS.
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Agenda Item 3
Item # 3 Page 2
Funding Unanticipated
Revenue
Prior Year
Reserves
Transfers
between
Funds
TOTAL
General Fund $590,677 $597,161 $0 $1,187,838
Sales & Use Tax Fund 0 511,398 0 511,398
Capital Projects Fund 177,503 0 0 177,503
Light & Power Fund 3,500,000 0 0 3,500,000
Natural Areas Fund 70,000 0 511,398 581,398
Storm Water Fund 123,262 0 0 123,262
Transportation Fund 25,000 500,000 0 525,000
Water Fund 229,613 0 0 229,613
GRAND TOTAL $4,716,055 $1,608,559 $511,398 $6,836,012
A. GENERAL FUND
1. Fort Collins Police Services (FCPS) has received revenue from various sources which are being
requested for appropriation to cover the related expenditures. A listing of these items follows:
a. $4,500 - 2017 Click It or Ticket (aka Seatbelt) Grant - In 2017 FCPS was awarded a Click it or Ticket
grant from the Colorado Department of Transportation to pay for officers to work overtime to conduct
enforcement activities.
b. $12,000 - 2017 High Visibility Impaired Driving Enforcement (HVE) Grant - In 2017 FCPS was
awarded a High Visibility Impaired Driving Enforcement grant from the Colorado Department of
Transportation to pay for overtime for DUI enforcement during specific holiday time periods.
c. $8,000 - 2017 Law Enforcement Assistance Funds (LEAF) Grant - In 2017 FCPS was awarded a Law
Enforcement Assistance Fund (LEAF) grant from the Colorado Department of Transportation to pay for
overtime for DUI enforcement.
d. $500 - 2017 Victim Assistance and Law Enforcement (VALE) Grant - In 2017 FCPS received a
supplemental award of $500 to cover the travel costs associated with the Colorado Organization for
Victim Assistance (COVA) conference in October.
e. $20,000 - Campus West Connections Facility - FCPS paid for the cost to renovate the new Campus
West Connections facility. Since this will be a shared facility, CSU will be reimbursing the City for some
of the setup expenses.
f. $19,660 - Revenue from Hosted Classes - While providing training, FCPS will rent additional seats for
training to other law enforcement agencies. These class fees help offset some of the total training
costs.
g. $262,795 - Police Overtime Reimbursement - FCPS helps schedule security and traffic control for
large events. Since these events are staffed by officers outside of their normal duties, officers are paid
overtime. The organizations that request officer presence are billed for the costs of the officers'
overtime. 2017 activities included CSU football games, Tour de Fat, Brew Fest, New West Fest and
other events. Additionally, FCPS partners with Larimer County to staff events at The Ranch.
h. $111,996 – Revenues from fees for requested FCPS records and other miscellaneous revenue -
FCPS received revenue in the form of fees for FCPS reports along with other miscellaneous revenue.
FROM: Unanticipated Revenue (2017 Seatbelt Grant) $4,500
FROM: Unanticipated Revenue (2017 HVE Grant) $12,000
FROM: Unanticipated Revenue (2017 LEAF Grant) $8,000
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Agenda Item 3
Item # 3 Page 3
FROM: Unanticipated Revenue (2017 VALE Grant) $500
FROM: Unanticipated Revenue (Campus West) $20,000
FROM: Unanticipated Revenue (Miscellaneous Revenue) $394,451
FOR: 2017 Seatbelt Grant $4,500
FOR: 2017 HVE Grant $12,000
FOR: 2017 LEAF Grant $8,000
FOR: 2017 VALE Grant $500
FOR: Campus West Renovation $20,000
FOR: Police Services $394,451
2. This request is to appropriate $477,727 to cover the payment of 2016 Manufacturing Equipment Use
Tax rebates (MUTR) made in 2017. In accordance with Chapter 25, Article II, Division 5, Manufacturing
Equipment Use Tax Rebates were paid out in July 2017. The rebate program was established to encourage
investment in new manufacturing equipment by local firms. Vendors have until December 31st of the following
year to file for the rebate. This item appropriates the use tax funds to cover the payment of the rebates.
FROM: Prior Year Reserves (Manufacturing Use Tax Rebate) $477,727
FOR: Manufacturing Use Tax Rebates $477,727
3. Environmental Services sells radon test kits at cost as part of its program to reduce lung cancer risk
from in-home radon exposure. This appropriation would use test kit sales revenue for the purpose of
restocking radon test kits.
FROM: Unanticipated Revenue (from radon kit sales) $6,462
FOR: Radon Test Kits $6,462
4. This request is intended to cover expenses related to land bank property maintenance needs for 2017.
As expenses vary from year-to-year, funding is requested annually mid-year to cover these costs. Expenses
for 2017 include general maintenance of properties, raw water and sewer expenses, electricity and other as
applicable.
FROM: Prior Year Reserves (Land Bank Reserve) $11,850
FOR: Land Bank Expenses $11,850
5. The Fort Collins Convention and Visitors Bureau (FCCVB) has been awarded an $87,764 grant from
the Colorado Welcome Center through the State of Colorado. These funds will be disbursed by the State of
Colorado and directed through the City, pursuant to State of Colorado requirements, then paid to the FCCVB.
The grant period will run from July 1, 2017 through June 30, 2018.
FROM: Unanticipated Revenue (grant) $87,764
FOR: Fort Collins Convention and Visitors Bureau $87,764
6. The City received one metropolitan district application for its review and consideration. As per City
policy, the application was accompanied by a non-refundable application fee of $2,000 and a deposit of
$10,000 to be utilized for the reimbursement of staff, legal and consultant expenses. In order for the funds to
be used as such they must be appropriated by City Council.
FROM: Unanticipated Revenue $12,000
FOR: Reimbursement of staff, legal and consultant expenses $12,000
7. The Parks department received a donation for the 4th of July Fireworks. This request appropriates the
donation for the 4th of July celebration at City Park.
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Agenda Item 3
Item # 3 Page 4
FROM: Unanticipated Revenue $25,000
FOR: 4th of July Celebration $25,000
8. The Municipal Court is requesting the use of reserves due to an increase in Court-Appointed Defense
Counsel costs. These additional funds are needed due to unanticipated expenses (over and above the
budgeted amount) for legal services provided by private attorneys appointed as counsel for indigent
defendants on misdemeanor cases. The Court is obligated by law to make these appointments. The number of
appointments being made has increased significantly due to a change in state law that occurred after our
budget offers for 2017-2018 had been submitted.
FROM: Prior Year Reserves (General Fund) $42,584
FOR: Court-Appointed Defense Counsel costs $42,584
9. The Community and Public Involvement Office (CPIO) has received a Fort Collins Public Media
Comcast Grant. In accordance with section 9.5 (A) of the current cable franchise, Comcast is obligated to
provide a one-time grant of $20,000 for streaming equipment and technology to FC Public Media. This grant
has been received and equipment will be purchased this year.
FROM: Unanticipated Revenue (grant) $20,000
FOR: Fort Collins Public Media equipment & technology $20,000
10. This request is for the annual transfer from the General Fund to the Parking Fund for the City-paid
portion of City employee garage parking permits. This transfer was overlooked during the 2017-2018 BFO
budget load process.
FROM: Prior Year Reserves (General Fund) $65,000
FOR: Transfer to Parking Fund $65,000
B. SALES AND USE TAX FUND
1. The sales and use tax revenue received in 2016 was higher than projected and existing appropriations
were not adequate to make the full transfer from the Sales and Use Tax Fund to the Natural Areas Fund for
the one quarter cent Natural Areas tax. Adjustments to other funds are not needed because the tax revenues
are recorded directly into those funds. This item appropriates additional funds in the amount of $511,398 from
prior year reserves for transfer from the Sales and Use Tax Fund to the Natural Areas Fund.
FROM: Prior Year Reserves (Sales & Use Tax Fund) $511,398
FOR: Transfer to Natural Areas Fund $511,398
C. CAPITAL PROJECTS FUND
1. As part of the Underpass Overlay at Foothills Parkway and College Avenue Project, additional funds
have been received from the Colorado Department of Transportation (CDOT). The unanticipated revenue is
related to construction of the underpass at Foothills Parkway and College Avenue as part of the
redevelopment of Foothills Mall. These revenues and the associated cost are for completing the overlay of
South College Avenue, which was completed by CDOT in 2016. A portion of the overlay was delayed due to
the underpass project, and these funds will reimburse the Foothills Mall developer for those costs.
FROM: Unanticipated Revenue (Contributions in Aid) $100,000
FOR: Completion of overlay of South College Ave as related to the $100,000
construction of the underpass at Foothills Parkway and
College Avenue
2. As part of the North College Avenue Pedestrian Connection Project, additional funds have been
received from a developer for its local street obligation for the improvements that were completed by the City.
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Agenda Item 3
Item # 3 Page 5
Generally, these funds go back into the nearest capital project on the same corridor. The funds are necessary
to complete the North College Pedestrian Connection Project.
FROM: Unanticipated Revenue (Contributions in Aid) $77,503
FOR: Construction of Pedestrian Connections on North College Avenue $77,503
D. LIGHT & POWER FUND
1. Based on the current trend of spending on purchased power, Light & Power will need an additional
$3.5M for 2017 to cover the purchases from Platte River Power Authority. This additional cost will be covered
by revenues which will be collected from customers for their consumption of electric services.
FROM: Unanticipated Revenue (fees) $3,500,000
FOR: Purchased Power $3,500,000
E. NATURAL AREAS FUND
1. The sales and use tax revenue received in 2016 was higher than projected and existing appropriations
were not adequate to make the full transfer from the Sales and Use Tax Fund to the Natural Areas Fund for
the one quarter cent Natural Areas tax. (See Sales & Use Tax Fund Item #B1) This item appropriates funds in
the amount of $511,398 transferred from the Sales and Use Tax Fund to the Natural Areas Fund for Land
Conservation expenses.
FROM: Unanticipated Revenue (transfer from another fund) $511,398
FOR: Natural Areas Expenses $511,398
2. The Natural Areas Department has been awarded a grant of $20,000 from the Defenders of Wildlife.
This grant will be used to expand our current bison range pasture at Soapstone Natural Area.
FROM: Unanticipated Revenue (grant) $20,000
FOR: Bison range pasture expansion Soapstone Natural Area $20,000
3. The Natural Areas Department received a donation of $50,000 from Sarah Peacock. This donation
will be used to expand our current bison range pasture at Soapstone Natural Area.
FROM: Unanticipated Revenue (donation) $50,000
FOR: Bison range pasture expansion Soapstone Natural Area $50,000
4. The Natural Areas Department is requesting a transfer of funds from a lapsing account to a non-
lapsing Capital Project account. The appropriations for the shop expansion in the 2017-18 offer #86.6 were
budgeted to the Natural Areas Fund instead of the Capital Projects Fund (amount $123,750). In addition, this
request moves funds loaded on 12/31/16 and from the PO Carryforward to the correct Capital projects fund
($231,465). The expenses were already moved to the correct business unit. There will be no increase in
appropriations for this request, it is a transfer only.
FROM: Existing appropriation Natural Areas Facility Ops (Lapsing) $355,215
FOR: Shop expansion project in the Capital Projects Fund (Non-lapsing) $355,215
F. STORM WATER FUND
1. The Utility Drainage System Division received unanticipated funds relating to an insurance
reimbursement in order to replace a camera van in the amount of $123,262
FROM: Unanticipated Revenue (insurance reimbursement) $123,262
FOR: Replacement of a camera van $123,262
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Agenda Item 3
Item # 3 Page 6
G. TRANSPORTATION SERVICES FUND
1. As part of the Fort Collins Bike Share Program, Kaiser Permanente committed to sponsoring the
program at $25,000 for one year, with the possibility of renewing for a second year. This is the second year
funding. This $25,000 contribution will support a one-year sponsorship of 5 accessible bike share bikes and 10
bike docking stations through Zagster Inc., in addition to a bike share equity pilot program, and rider incentive
programming.
FROM: Unanticipated Revenue (grant) $25,000
FOR: FC Bike Share Program $25,000
2. The 2017 snow budget has nearly been depleted due to the extremely cold conditions in January, an
ice storm in February, and a late spring storm in May that resulted in a significant branch cleanup operation.
Overall, there have been nine storms so far in 2017 with 25 inches of snow. Extremely cold temperatures
require more deicer material to keep the roads safe, which drives up the cost of snow operations significantly.
Extensive snow and ice cutting was required due to the weather pattern where daytime thawing and nighttime
freezing caused ice dams, ice potholes, and build-up in gutters causing drain blockages. Additional funding of
$500,000 is requested to provide snow removal services during the winter months from October through
December 2017.
FROM: Prior Year Reserves $500,000
FOR: Snow Removal $500,000
H. WATER FUND
1. The Utilities Water Resources Division rents water after first meeting the needs of its customers and
other City departments. This adjustment would allocate the unanticipated revenue to offset the expense in the
Water Resources Division. Rental revenue equaled $428,321 and the expense to transfer the water was
$229,613. Only the expense of $229,613 is being requested (as this was not budgeted for) to be appropriated
with the additional $198,708 going back to the water fund as revenue.
FROM: Unanticipated Revenue $229,613
FOR: Water Supply Projects $229,613
CITY FINANCIAL IMPACTS
This Ordinance increases total City 2017 appropriations by $6,836,012. Of that amount, this Ordinance
increases General Fund 2017 appropriations by $1,187,838 including use of $597,161 in prior year reserves.
Funding for the total City appropriations is $4,716,055 from unanticipated revenue, $1,608,559 from prior year
reserves and $511,398 transferred from other funds.
The following is a summary of the items requesting prior year reserves:
Item # Fund Use Amount
A2 General Manufacturing Equipment Use Tax Rebate $477,727
A4 General Land Bank Property Maintenance 11,850
A8 General Court-Appointed Defense Counsel 42,584
A10 General Transfer for City-paid portion of City employee garage
parking permits
65,000
B1 Sales & Use Tax Transfer of 2016 sales tax revenue for Natural Areas 511,398
G2 Transportation Snow Removal 500,000
Total Use of Prior Year Reserves: $1,608,559
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Agenda Item 3
Item # 3 Page 7
ATTACHMENTS
1. Council Finance Committee Presentation (PDF)
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Council Finance Committee – September 18, 2017
2017 Annual Adjustment Ordinance
Mike Beckstead - CFO
Attachment #1
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Attachment: Council Finance Committee Presentation (5957 : 2017 Annual Adjustment)
2017 Annual Adjustment Ordinance
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The recommended 2017 Annual Adjustment Ordinance is
intended to address:
• 2017 unanticipated revenues (e.g. grants)
• Appropriation of unassigned reserves to fund unanticipated expenditures
associated with approved 2017 appropriations
• Should be routine and non-controversial
• Items approved by the ordinance need to be spent within fiscal/calendar
year 2017
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Attachment: Council Finance Committee Presentation (5957 : 2017 Annual Adjustment)
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City-wide Ordinance No. , 2017 increases total City
2017 appropriations by $6,836k
• This Ordinance increases General Fund 2017 appropriations by $1,188k
including the use of $597k in prior year reserves
• $478k of that is for the Manufacturer’s Use Tax Rebate
• Funding for the total City appropriations is:
o $4,716k from additional revenue
o $1,609k from prior year reserves
o $511k transferred between funds
2017 Annual Adjustment Ordinance
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Attachment: Council Finance Committee Presentation (5957 : 2017 Annual Adjustment)
4
Summary of 2017 Adjustments by Fund
Funding (values in $k)
Unanticipated
Revenue
Prior Year
Reserves
Transfers
between
Funds
TOTAL
General Fund $591 $597 $0 $1,188
Sales & Use Tax Fund 0 511 0 511
Capital Projects Fund 178 0 0 178
Light & Power Fund 3,500 0 0 3,500
Natural Areas Fund 70 0 511 581
Storm Water Fund 123 0 0 123
Transportation Fund 25 500 0 525
Water Fund 230 0 0 230
GRAND TOTAL $4,716 $1,609 $511 $6,836
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Attachment: Council Finance Committee Presentation (5957 : 2017 Annual Adjustment)
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2017 Annual Adjustment Ordinance
Guidance Requested:
• What questions or feedback does the Council Finance Committee
have on the 2017 Annual Adjustment Ordinance?
• Does the Council Finance Committee support moving forward with
bringing the 2017 Annual Adjustment Ordinance to the full City
Council?
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Attachment: Council Finance Committee Presentation (5957 : 2017 Annual Adjustment)
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ORDINANCE NO. 130, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND
UNANTICIPATED REVENUE IN VARIOUS CITY FUNDS
AND AUTHORIZING THE TRANSFER OF APPROPRIATED
AMOUNTS BETWEEN FUNDS OR PROJECTS
WHEREAS, the City has unanticipated revenue and prior year reserves available to
appropriate; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, City staff have determined that the appropriations as described herein are
available and previously unappropriated in the funds named within this document; and
WHEREAS, Article V, Section 9 of the City Charter also permits the City Council to
make supplemental appropriations by ordinance at any time during the fiscal year, provided that
the total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the revenue as described
herein will not cause the total amount appropriated in the Funds named within this document to
exceed the current estimate of actual and anticipated revenues to be received in that fund during
any fiscal year; and
WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council to
transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof
from one fund or capital project to another fund or capital project, provided that the purpose for
which the transferred funds are to be expended remains unchanged; the purpose for which the
funds were initially appropriated no longer exists; or the proposed transfer is from a fund or
capital project in which the amount appropriated exceeds the amount needed to accomplish the
purpose specified in the appropriation ordinance; and
WHEREAS, the City wishes to provide for the expenditures listed below and the City
Manager recommends that these expenditures be made.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2: That the following funds are hereby authorized for transfer and
appropriated for expenditure for the purposes stated below.
A. GENERAL FUND
1. FROM: Unanticipated Revenue (2017 Seatbelt Grant) $4,500
FROM: Unanticipated Revenue (2017 HVE Grant) $12,000
FROM: Unanticipated Revenue (2017 LEAF Grant) $8,000
FROM: Unanticipated Revenue (2017 VALE Grant) $500
FROM: Unanticipated Revenue (Campus West) $20,000
FROM: Unanticipated Revenue (Miscellaneous Revenue) $394,451
FOR: 2017 Seatbelt Grant $4,500
FOR: 2017 HVE Grant $12,000
FOR: 2017 LEAF Grant $8,000
FOR: 2017 VALE Grant $500
FOR: Campus West Renovation $20,000
FOR: Police Services $394,451
2. FROM: Prior Year Reserves (Manufacturing Use Tax Rebate) $477,727
FOR: Manufacturing Use Tax Rebates $477,727
3. FROM: Unanticipated Revenue (from radon kit sales) $6,462
FOR: Radon Test Kits $6,462
4. FROM: Prior Year Reserves (Land Bank Reserve) $11,850
FOR: Land Bank Expenses $11,850
5. FROM: Unanticipated Revenue (grant) $87,764
FOR: Fort Collins Convention and Visitors Bureau $87,764
6. FROM: Unanticipated Revenue $12,000
FOR: Reimbursement of staff, legal and consultant expenses $12,000
7. FROM: Unanticipated Revenue $25,000
FOR: 4th of July Celebration $25,000
8. FROM: Prior Year Reserves (General Fund) $42,584
FOR: Court-Appointed Defense Counsel costs $42,584
9. FROM: Unanticipated Revenue (grant) $20,000
FOR: Fort Collins Public Media equipment & technology $20,000
10. FROM: Prior Year Reserves (General Fund) $65,000
FOR: Transfer to Parking Fund $65,000
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B. SALES & USE TAX FUND
1. FROM: Prior Year Reserves (Sales & Use Tax Fund) $511,398
FOR: Transfer to Natural Areas Fund $511,398
C. CAPITAL PROJECTS FUND
1. FROM: Unanticipated Revenue (Contributions in Aid) $100,000
FOR: Completion of overlay of South College Ave as related to the $100,000
construction of the underpass at Foothills Parkway and College Avenue
2. FROM: Unanticipated Revenue (Contributions in Aid) $77,503
FOR: Construction of Pedestrian Connections on North College Avenue $77,503
D. LIGHT & POWER FUND
1. FROM: Unanticipated Revenue (fees) $3,500,000
FOR: Purchased Power $3,500,000
E. NATURAL AREAS FUND
1. FROM: Unanticipated Revenue (transfer from another fund) $511,398
FOR: Natural Areas Expenses $511,398
2. FROM: Unanticipated Revenue (grant) $20,000
FOR: Bison range pasture expansion Soapstone Natural Area $20,000
3. FROM: Unanticipated Revenue (donation) $50,000
FOR: Bison range pasture expansion Soapstone Natural Area $50,000
4. FROM: Existing appropriation Natural Areas Facility Ops (Lapsing) $355,215
FOR: Shop expansion project in the Capital Projects Fund (Non-lapsing) $355,215
F. STORM WATER FUND
1. FROM: Unanticipated Revenue (insurance reimbursement) $123,262
FOR: Replacement of a camera van $123,262
G. TRANSPORTATION SERVICES FUND
1. FROM: Unanticipated Revenue (grant) $25,000
FOR: FC Bike Share Program $25,000
2. FROM: Prior Year Reserves $500,000
FOR: Snow Removal $500,000
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H. WATER FUND
1. FROM: Unanticipated Revenue $229,613
FOR: Water Supply Projects $229,613
Introduced, considered favorably on first reading, and ordered published this 3rd day of
October, A.D. 2017, and to be presented for final passage on the 17th day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY October 3, 2017
City Council
STAFF
SeonAh Kendall, Economic Health Manager
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 131, 2017, Appropriating Prior Year Reserves in the General Fund to
Reimburse Avago Wireless Technologies (USA) Manufacturing, LLC for Use Taxes and Business Property
Taxes as Provided in Business Investment Agreements.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $397,716 of prior year reserves from the General Fund for a rebate
to Avago Technologies Wireless (U.S.A.) Mfg., LLC. (“Avago”) for use tax and business personal property tax
rebates under two business investment agreements. The agreements provide business investment
assistance to Avago for the expansion and retrofit of Avago’s Building 4 for a wafer fabrication facility in 2012
and for a FBAR clean room facility in 2013. These two projects were required to create an additional 227
primary jobs in the City, and net 617 full time equivalents.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Agreement Summary
On July 19, 2011, City Council adopted Resolution 2011-066, approving a Business Investment Agreement,
which the City and Avago entered into on July 25, 2012 (2012 Agreement). The 2012 Agreement provides
business investment assistance to Avago for the expansion and retrofit of its Building 4 for a new wafer
fabrication facility. On October 16, 2012, City Council adopted Resolution 2012-096, approving a second
Business Investment Agreement with Avago, which the City and Avago entered into on June 5, 2013 (2013
Agreement). The 2013 Agreement provides business investment assistance to Avago for the expansion and
retrofit of its Building 4 - for a new FBAR clean room facility. The 2012 and 2013 Agreements provide that
Avago is eligible for the following rebates:
2012 Agreement (wafer fabrication facility)
Use tax on new “Eligible Manufacturing Equipment” (up to 100%) for the period beginning August 1,
2011 and ending December 31, 2013, subject to a limit on the total use tax rebate amount of
$1,725,000. A total of $1,089,734 in use tax rebates was paid to Avago in 2013 and 2014 under the
2012 Agreement. Avago is not eligible for any additional use tax rebates under the 2012 Agreement, so
no use tax rebate is now being requested under the 2012 Agreement.
Business Personal Property Tax Rebates (up to 50%) for a ten-year period for the Eligible
Manufacturing Equipment purchased for the period beginning August 1, 2011 and ending December
31, 2013. Each annual payment is limited to $81,700, or 50% of City business personal property taxes
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Agenda Item 4
Item # 4 Page 2
actually paid for the Eligible Manufacturing Equipment so purchased for the wafer fabrication facility
project, whichever is lower. For 2017, Avago is eligible for a business personal property tax rebate of
$26,663 under the 2012 Agreement.
2013 Agreement (FBAR clean room facility)
Use tax on new Eligible Manufacturing Equipment (up to 100%) for the period beginning October 26,
2012, and ending December 31, 2014, subject to a limit on the total use tax rebate amount of $3,882,200.
For 2017, Avago is eligible for a use tax rebate of $324,629 under the 2013 Agreement.
Business Personal Property Tax Rebate (up to 50%) for a ten-year period for the Eligible
Manufacturing Equipment purchased for the period beginning October 26, 2012, and ending December
31, 2014. A limit on each annual payment is $100,907, or 50% of City business personal property taxes
actually paid for the Eligible Manufacturing Equipment so purchased for the FBAR clean room facility,
whichever is lower. For 2017, Avago is eligible for a business personal property rebate of $47,501 under
the 2013 Agreement.
Employment Level Requirements
The 2012 and 2013 Agreements provide business investment assistance to Avago for the expansion and
retrofit of Avago’s Building 4 for a wafer fabrication facility in 2012 and for a FBAR clean room facility in 2013.
The two rebate categories were offered with the stipulation that Avago’s employment levels must be
maintained at no fewer than the number of employees within its Fort Collins facility as Avago employed as
of June 5, 2013 (437 employees). The two expansions netted 617 new full time equivalent (FTE) employees,
new hires, net of replacements and attrition. As of December 31, 2016, Avago had a total of 1,364 FTEs.
Rebate schedule as agreed upon with Avago
Staff has developed a rebate schedule with Avago which is consistent with the 2012 and 2013 Agreements
whereby two rebate applications will be processed each year.
CITY FINANCIAL IMPACTS
The total rebate amount is $397,716 of prior year reserves from the General Fund.
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ORDINANCE NO. 131, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND
TO REIMBURSE AVAGO WIRELESS TECHNOLOGIES (U.S.A.)
MANUFACTURING, LLC FOR USE TAXES AND BUSINESS PERSONAL PROPERTY
TAXES AS PROVIDED IN BUSINESS INVESTMENT AGREEMENTS
WHEREAS, the City of Fort Collins (“City”) and Avago Wireless Technologies (U.S.A.)
Manufacturing, LLC (“Avago”) have previously entered into that certain “Business Investment
Agreement For Economic Development Related to Avago Technologies Building 4 Retrofit”
dated July 25, 2012 (the “2012 Agreement”) and that certain “Business Investment Agreement
for Economic Development Related to Avago Technologies Building 4 Retrofit for New FBAR
Clean Room Facility” dated June 5, 2013 (the “2013 Agreement”); and
WHEREAS, the 2012 Agreement and 2013 Agreement shall be hereinafter be referred to
jointly as the “Agreements”; and
WHEREAS, the 2012 Agreement was approved by City Council on July 19, 2011, in
Resolution No. 066, 2011, and the 2013 Agreement was approved by City Council on October
16, 2012, in Resolution No. 096, 2012; and
WHEREAS, the 2012 Agreement provides certain business investment assistance to
Avago for the retrofit of its Building 4 for a new wafer fabrication facility and the 2013
Agreement provides similar assistance to Avago for the retrofit of its Building 4 for a new FBAR
clean room facility; and
WHEREAS, the Agreements provide that Avago is eligible for reimbursement from the
City for the following paid by it to the City, subject to certain limitations: (1) Use Tax on new
Eligible Equipment, and (2) Business Personal Property Tax on Eligible Manufacturing
Equipment; and
WHEREAS, under the Agreements, Avago can apply for reimbursement biannually for
both rebates; and
WHEREAS, all funds reimbursed must be appropriated by Council as part of the rebate
process; and
WHEREAS, staff is requesting an appropriation of $397,716 from prior year reserves in
the General Fund to reimburse Avago in accordance with the Agreements; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, City staff have determined that the appropriations as described herein are
available and previously unappropriated in the General Fund.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the General Fund the sum of THREE HUNDRED NINETY-SEVEN THOUSAND SEVEN
HUNDRED SIXTEEN DOLLARS ($397,716) to reimburse Avago for Use Tax and Business
Personal Property Tax as required by the Agreements.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
October, A.D. 2017, and to be presented for final passage on the 17th day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY October 3, 2017
City Council
STAFF
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 132, 2017, Amending Chapter 7.5 of the Code of the City of Fort Collins
Regarding the Imposition of Capital Expansion Fees Adopted in Ordinance No. 049, 2017.
EXECUTIVE SUMMARY
The purpose of this item is to amend Sec. 7.5-19 of the City Code related to the Imposition, Computation and
Collection of fees for development projects that had an approved Project Development Plan prior to the
adoption date of Ordinance No. 049, 2017.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On June 6, 2017, City Council adopted Ordinance No. 049, 2017, amending Chapters 7.5, 8 and 24 of the
Code of the City of Fort Collins concerning revisions to terminology and decreases and phased increases of
the Capital Expansion Fees and amending Section 3.3.2(G) of the Land Use Code to revise related
Terminology (Attachment 1).
Sec. 7.5-19 of the City Code requires "Payment of the fees imposed under the provisions of this Article shall be
required as a condition of approval of all development in the City for which a building permit is required. . . The
fees due for such development shall be payable by the feepayer to the Building Official prior to or at the time of
issuance of the first building permit for the property to be developed, except to the extent that an agreement
deferring all or any portion of such payment has been executed by the City providing for a different time of
payment approved by the City Council by resolution."
Furthermore, Ordinance No. 049, 2017, had an effective date beginning October 1, 2017, meaning all
applicable building permits issued after October 1, 2017, would be subject to the new Capital Expansion Fee
schedule.
It should be noted that in many cases, bank financing for development projects are contingent upon and/or
approved at the time of approval of the City's entitlement process, and for the City of Fort Collins that is upon
approval of the Project Development Plan (PDP).
Subsequent to the adoption of Ordinance No. 049, 2017, staff was contacted by developers that had their
PDPs approved prior to the adoption date of Ordinance No. 049, 2017, and indicated that due to the
complexity of these projects, such developers would not meet the October 1, 2017, deadline for the issuance
of a building permit, and; therefore, would be subject to the new Capital Expansion Fee schedule. For these
projects, the fee increase as a result of the new Capital Expansion Fee schedule was in the hundreds of
thousands of dollars and was significantly impacting the financial feasibility of their projects.
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Agenda Item 5
Item # 5 Page 2
In an effort to acknowledge projects that had an approved PDP prior to the adoption of the new Capital
Expansion Fee schedule and in light of the typical timing of bank financing for development projects, staff is
recommending exempting from the new Capital Expansion Fee schedule, any development project that had an
approved PDP prior to the adoption date of Ordinance No. 049, 2017, which was June 6, 2017.
CITY FINANCIAL IMPACTS
There are two development projects that were approved prior to adoption date of Ordinance No. 049, 2017 and
the combined difference in Capital Expansion Fees (difference between old fee schedule and new fee
schedule) for the two projects is $1,102,711.51.
ATTACHMENTS
1. Agenda Item Summary, June 6, 2017 (PDF)
2. Ordinance No. 049, 2017 (PDF)
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Agenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY June 6, 2017
City Council
STAFF
Tiana Smith, Revenue and Project Manager
SUBJECT
Items Relating to Capital Expansion Fees and the Electric Capacity Fee.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 049, 2017, Amending Chapters 7.5, 8 and 24 of the Code of the City of
Fort Collins Concerning Revisions to Terminology and Decreases and Phased Increases of the Capital
Expansion Fees and Amending Section 3.3.2(G) of the Land Use Code to Revise Related Terminology.
B. Second Reading of Ordinance No. 068, 2017, Amending Chapter 26 of the Code of the City of Fort Collins
Regarding Calculation and Collection of Development Fees Imposed for the Construction of New or
Modified Electric Service Connections.
These Ordinances, unanimously adopted on first reading on May 16, 2017, adopt fee recommendations for
capital expansion and transportation expansion fees and electric capacity fees effective beginning October 1,
2017. On first reading, Alternative 2 of Ordinance No. 049, 2017 was adopted, which provides for fee
increases without any phasing in amounts less than what is recommended in the studies for the Capital
Expansion Fees and the Transportation Expansion Fee for the lesser amount recommended in those studies.
Alternative 3 will be presented to Council as requested. It provides funding for transportation improvements.
A new Section 30 has been added to the Ordinance to direct the City Manager to appoint a working group of
citizens and City staff to further study the issue of capital expansion and transportation expansion fees. This
includes the appointment of a member of Council to act as a communications liaison between the Council and
the City Manager and his working group.
Discussion arose during First Reading of the Ordinance about how the new fees would apply to projects that
are currently in the entitlement pipeline. Two suggested alternatives have been provided for Council
consideration.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
BACKGROUND/DISCUSSION
Alternative 3 is shown on Attachment 4, as requested by the City Council at First Reading. This alternative
provides for fee increases as adopted on First Reading for Capital Expansion Fees and for “Option A” as
described in the Transportation Capital Expansion Fee Study to fund the costs of the full Capital Improvement
Program for transportation facilities.
As currently provided in the Code, projects that have submitted a development application but have not yet
been approved, or have been approved but have not yet been issued a building permit would be subject to the
new fee schedule. It was suggested that the fees be based upon the rate at the time of submission of a
ATTACHMENT 1
5.a
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Attachment: Agenda Item Summary, June 6, 2017 (5970 : Capital Expansion Fee Amendment)
Agenda Item 20
Item # 20 Page 2
completed development application, so that development projects in the entitlement pipeline are not subject to
the new fees. If Council chooses to make this change, it is recommended that one of the two sentences below
be added by motion to Code Section 7.5-16 (in Section 3 of the Ordinance, on page 2). This will add language
expressly stating when the new fee schedule is applicable to development projects. The two are options are as
follows:
1. Said fees shall be determined based upon the rate applicable either at the time of submission of a
completed development application, if any, or if no development application is submitted, at the time of
submission of a completed building permit application;
OR
2. Said fees shall be determined based upon the rate applicable at the time of submission of a completed
building permit application.
ATTACHMENTS
1. First Reading Agenda Item Summary May 16, 2017 (w/o attachments) (PDF)
2. Impact Fee Working Team Project Definition (PDF)
3. Public Outreach Summary (PDF)
4. Alternative 3 (PDF)
5. Powerpoint presentation (PDF)
5.a
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Attachment: Agenda Item Summary, June 6, 2017 (5970 : Capital Expansion Fee Amendment)
ATTACHMENT 2
5.b
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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Attachment: Ordinance No. 049, 2017 (5970 : Capital Expansion Fee Amendment)
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ORDINANCE NO. 132, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 7.5 OF THE CODE OF THE CITY OF FORT
COLLINS REGARDING THE IMPOSITION OF THE CAPITAL
EXPANSION FEES ADOPTED IN ORDINANCE NO. 049, 2017
WHEREAS, on June 6, 2017, Council adopted Ordinance No. 049, 2017; and
WHEREAS, Ordinance No. 049, 2017, addressed changes to the City Code provisions
contained in Chapter 7.5, 8, and 24 regarding capital expansion fees; and
WHEREAS, the City Code changes to the capital expansion fee amounts set forth in
Ordinance No. 049, 2017, became effective on October 1, 2017; and
WHEREAS, prior to October 1, 2017, City staff was informed by the developers of
certain projects that had Project Development Plans (“PDP” or “PDPs”) approved by the City
prior to the adoption date of Ordinance No. 049, 2017, that the capital expansion fee changes
would substantially increase such fees and significantly affect the financial feasibility of such
projects; and
WHEREAS, in recognition of the reliance of developers of projects that had PDPs
approved prior to the adoption date of Ordinance No. 049, 2017, on the capital expansion fee
schedules in effect at the time of PDP approval for purposes of determining the financial
feasibility of such projects, Council finds that it is in the best interest of the City and its citizens
to allow such projects to pay the capital expansion fees in effect as of June 6, 2017.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That Section 7.5-19 of the Code of the City of Fort Collins is amended by
the addition of a new subsection (c) as follows:
(c) Notwithstanding any language to the contrary contained in this Article,
development projects for which final approval of the associated Project
Development Plan, as such terms are defined and described in the Land Use
Code, had been received prior to June 6, 2017, shall be required to pay the capital
expansion fees at the rates in effect prior to June 6, 2017.
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Introduced, considered favorably on first reading, and ordered published this 3rd day of
October, A.D. 2017, and to be presented for final passage on the 17th day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY October 3, 2017
City Council
STAFF
Jason Holland, City Planner
SUBJECT
Resolution 2017-089 Finding Substantial Compliance and Initiating Annexation Proceedings for the Fox Hills
Second Annexation.
EXECUTIVE SUMMARY
The purpose of this item is to initiate annexation proceedings for the Fox Hills Second Annexation, containing
20.4 acres, into the City of Fort Collins. The annexation is located approximately 3,300 feet west of the
intersection of County Road 38E (Harmony Road) and Taft Hill Road. The annexation area includes all of Red
Fox Road, which is located on the south side of County Road 38E. The annexation area also includes 31
single-family dwellings and residual open land that are part of the Fox Hills subdivision west of Red Fox Road.
The requested zoning for this annexation is the Residential Foothills (R-F) zone district, which complies with
the City of Fort Collins Structure Plan. The surrounding properties are existing residential uses.
The proposed Resolution makes a finding that the annexation petition substantially complies with the Municipal
Annexation Act, determines that a hearing should be established regarding the annexation, and directs that
notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and
zoning ordinances; not less than thirty days of prior notice is required by state law.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreement Regarding Growth Management.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA).
According to policies and agreements contained in the Larimer County and City of Fort Collins
Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the
property is eligible for annexation according to State law. The Fox Hills Second Annexation gains the required
1/6 contiguity to existing city limits from a common boundary with the Fox Hills (first) Annexation to the east,
which was annexed in 1994, thus satisfying the requirement that no less than one-sixth of the perimeter
boundary be contiguous to the existing city boundary.
The main purpose of the annexation is to allow the streets within the Fox Hills subdivision to be maintained by
the City. Residents of the Fox Hills subdivision have funded the necessary street improvements within the
annexation boundary and have coordinated these improvements with City staff.
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Agenda Item 6
Item # 6 Page 2
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board will conduct a public hearing for the annexation and zoning request on
October 19, 2017. The Board’s recommendation will be forwarded to City Council as part of the First Reading
of the annexation and zoning ordinances on November 7, 2017.
PUBLIC OUTREACH
An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code for
the annexation. However, outreach meetings were conducted by the City with area residents to discuss
options for future street maintenance in the area, which was the impetus for this annexation request.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Current Zoning Map (PDF)
3. City Structure Plan Map (PDF)
4. Boundary Plat (PDF)
5. Annexation Cover Letter (PDF)
6. Annexation Petition (PDF)
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Spring Canyon Community Park
Platte Dr
Westridge Dr
Iowa
Red Fox Rd
Idledale Dr
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Illinois
Mead St
Brixton Rd
Indiana
Nevada
Michigan
Bighorn Xing
Wyoming
Dalton Dr
Luther Ln
Hidden Springs Rd
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POL
RL
POL
RF RL
LMN
LMN
LMN
Spring Canyon Community Park
Lynda Ln
Platte Dr
Goodell Ln
Iowa
Red Fox Rd
W
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Idledale Dr
Bronson St
Ohio
P
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Arizona
We
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Illinois
Mead St
Brixton Rd
Indiana
8E
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City Structure Plan Map
Boundaries
Fort Collins GMA
City Limits
Neighborhoods
Urban Estate
Low Density Mixed-Use
Medium Density Mixed-Use
Edges
Community Separator
Foothills
Rural Lands
Corridors
Open Lands, Parks and Water Corridors
CR 38-E
Annexation - Area 1 inch = 0.3 miles
Taft Hill Rd
Cathy Fromme
Prairie Nat. Area
Annexation
Boundary
Pineridge Nat. Area
ATTACHMENT 3
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Attachment: City Structure Plan Map (5959 : Fox Hills Second Annexation)
ATTACHMENT 4
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Attachment: Boundary Plat (5959 : Fox Hills Second Annexation)
To:
City of Fort Collins
Fort Collins, Colorado
Re: Fox Hills Second Annexation
This annexation petition is a request to the City of Fort Collins to approve the Fox Hills Second
annexation and zoning as defined in this petition.
The area to be annexed covers a portion of the Fox Hills Home Owners Association (HOA). The Fox Hills
HOA is currently divided between owners that are located within the City (Fox Hills First Annexation) and
those that are outside of the City in Larimer County. This current division between city and county is not
logical for maintenance across the HOA. This annexation would unify the Fox Hills HOA so that all
property would be within the City of Fort Collins. The area to be annexed is in Larimer County and is
within the growth management area for the City of Fort Collins.
The Fox Hills HOA, which is currently responsible for long term road maintenance within the County
portions of the HOA, is currently planning to improve the existing roads to bring them up to acceptable
standards as defined by the City of Fort Collins Infrastructure Services Department. Funding for these
road improvements has already been budgeted and approved by the Fox Hills HOA. These planned road
improvements would avoid any detriment to the City associated with road improvement for this
annexation.
Fox Hills HOA
ATTACHMENT 5
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Attachment: Annexation Cover Letter (5959 : Fox Hills Second Annexation)
ATTACHMENT 6
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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Attachment: Annexation Petition (5959 : Fox Hills Second Annexation)
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RESOLUTION 2017-089
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
FOX HILLS SECOND ANNEXATION
WHEREAS, a written petition, together with four (4) prints of an annexation map, has
been filed with the City Clerk requesting the annexation of certain property to be known as the
Fox Hills Second Annexation, as more particularly described below; and
WHEREAS, the City Council desires to initiate annexation proceedings for the Fox Hills
Second Annexation in accordance with the Municipal Annexation Act, Section 31-12-101, et
seq., Colorado Revised Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby accepts the annexation petition for the Fox
Hills Second Annexation, more particularly described as situate in the County of Larimer, State
of Colorado, to wit:
A TRACT OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER
OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO.
CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 33, AS BEARING NORTH 89º25'53" EAST AND MONUMENTED AS
SHOWN HEREON WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO:
COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6TH P.M.; THENCE ALONG THE NORTH LINE OF SAID EAST
HALF, NORTH 89º25'53” EAST, 617.37 FEET; THENCE DEPARTING SAID LINE,
SOUTH 00º34'07” EAST, 108.71 FEET TO POINT OF BEGINNING, SAID POINT
ALSO LYING ON THE SOUTH RIGHT OF WAY LINE OF WEST COUNTY ROAD
38 E, ALSO BEING A POINT ON THE WEST LINE OF AN ACCESS ROAD PER
BOOK 1899, PAGE 636 LARIMER COUNTY CLERK AND RECORDER; THENCE
ALONG SAID RIGHT OF WAY LINE, NORTH 85º00'00” EAST, 60.22 FEET TO A
POINT ON THE WEST LINE OF FOX HILLS SECOND FILING, ALSO BEING THE
EAST LINE OF AFOREMENTIONED ACCESS ROAD; THENCE ALONG SAID
WEST LINE THE NEXT (2) COURSES AND DISTANCES, SOUTH 00º09'17” EAST,
1227.04 FEET; THENCE, SOUTH 00º11'08” WEST, 1319.89 FEET TO A POINT ON
THE SOUTH LINE OF FOX HILLS P.U.D.; THENCE ALONG SAID LINE, NORTH
89º48'10” WEST, 619.19 FEET; THENCE ALONG THE WEST LINE OF SAID FOX
HILLS P.U.D.; NORTH 00º11'08” EAST, 1316.09 FEET; THENCE ALONG THE
NORTH LINE OF SAID FOX HILL P.U.D., NORTH 89º50'43” EAST, 559.20 FEET
TO A POINT ON THE WEST LINE OF FOX HILLS P.U.D., SAID LINE ALSO BEING
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THE EAST LINE OF WILDFLOWER RIDGE P.U.D.; THENCE ALONG SAID LINE,
NORTH 00º09'17” WEST, 1221.96 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 889,556 SQUARE FEET, OR
20.421 ACRES, MORE OR LESS AND IS SUBJECT TO ALL EASEMENTS AND
RIGHTS-OF-WAY NOW ON RECORD OR EXISTING.
Section 3. That the City Council hereby finds and determines that the annexation
petition for the Fox Hills Second Annexation is in substantial compliance with the Municipal
Annexation Act in that the annexation petition contains the following:
(1) An allegation that it is desirable and necessary that such area be annexed to the
municipality;
(2) An allegation that the requirements of Colorado Revised Statutes sections 31-12-
104 and 31-12-105 exist or have been met;
(3) An allegation that the signers of the petition comprise more than fifty percent of
the landowners in the area and own more than fifty percent of the area proposed to be
annexed, excluding public streets and alleys and any land owned by the annexing
municipality;
(4) The signatures of such landowners;
(5) A request that the annexing municipality approve the annexation of the area proposed
to be annexed;
(6) The mailing address of each such signer;
(7) The legal description of the land owned by such signer;
(8) The date of signing of each signature; and
(9) The affidavit of the circulator of such petition that each signature therein is the
signature of the person whose name it purports to be.
Section 4. That the City Council hereby finds and determines that the annexation
map, four copies total, accompanying the annexation petition for the Fox Hills Second
Annexation is in substantial compliance with the Municipal Annexation Act in that the map
contains the following:
(1) A written legal description of the boundaries of the area proposed to be annexed;
(2) A map showing the boundary of the area proposed to be annexed;
(3) Within the annexation boundary map, a showing of the location of each ownership
tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat
numbers of plots or of lots and blocks;
Packet Pg. 116
-3-
(4) Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous boundary of any
other municipality abutting the area proposed to be annexed.
Section 5. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part
of this Resolution. Said Notice establishes the date, time and place when a public hearing will be
held regarding the passage of annexation and zoning ordinances pertaining to the above
described property. The City Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Municipal Annexation Act.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held
this 3rd day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
____________________________
City Clerk
Packet Pg. 117
EXHIBIT A
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted
Resolution 2017-089 initiating annexation proceedings for the Fox Hills Second Annexation,
consisting of approximately 20.4 acres and generally located approximately 3300’ west of S.
Taft Hill Road and south of and abutting County Road 38E, said Annexation being more
particularly described in Resolution 2017-089.
That, on November 7, 2017, at the hour of 6:00 p.m., or as soon thereafter as the matter
may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort
Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation
petition and zoning request for the purpose of finding and determining whether the property
proposed to be annexed meets the applicable requirements of Colorado law and is considered
eligible for annexation and for the purpose of determining the appropriate zoning for the property
included in the Annexation. At such hearing, any persons may appear and present such evidence
as they may desire.
The Petitioner has requested that the Property included in the Annexation be placed in the
Residential Foothills (“R-F”) Zone District.
The City of Fort Collins will make reasonable accommodations for access to City
services, programs and activities and will make special communication arrangements for persons
with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Dated this 3rd day of October, A.D. 2017.
_______________________________
City Clerk
a
Packet Pg. 118
Attachment: Exhibit A (5981 : Fox Hills Second Annexation RES)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY October 3, 2017
City Council
STAFF
Darin Atteberry, City Manager
Carrie M. Daggett, Legal
SUBJECT
Resolution 2017-090 Approving the Appointment of Delynn Coldiron as City Clerk.
EXECUTIVE SUMMARY
The purpose of this item is to approve the City Manager’s appointment of Delynn Coldiron as City Clerk,
replacing former City Clerk Wanda Winkelmann.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On August 9, 2017, former City Clerk Wanda Winkelmann resigned her position as City Clerk to the City of
Fort Collins. Recruitment of applicants for the position of City Clerk took place in August, and three candidates
were interviewed on September 18-19. Several Councilmembers participated in a portion of the interview
process.
City Manager Atteberry intends to appoint Delynn Coldiron as City Clerk, effective September 25, 2017,
subject to City Council approval. This Resolution grants City Council’s approval of the appointment.
7
Packet Pg. 119
-1-
RESOLUTION 2017-090
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE APPOINTMENT OF DELYNN COLDIRON AS CITY CLERK
WHEREAS, former City Clerk Wanda Winkelmann resigned her office as City Clerk of
the City of Fort Collins, effective August 9, 2017; and
WHEREAS, Article II, Section 12 of the City Charter provides that the City Manager
shall appoint a City Clerk with the approval of the City Council; and
WHEREAS, effective August 9, 2017, the City Manager appointed Delynn Coldiron as
Interim City Clerk until a new City Clerk is appointed, and the Council approved said
appointment by Resolution on August 15, 2017; and
WHEREAS, after an interview and selection process, the City Manager intends to
appoint Delynn Coldiron as the new City Clerk, effective September 25, 2017, subject to City
Council’s approval.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the appointment of Delynn Coldiron as City Clerk is hereby
approved.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of October, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 120
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY October 3, 2017
City Council
STAFF
Janet Freeman, Equity and Inclusion Coordinator
Jackie Kozak-Thiel, Chief Sustainability Officer
Teresa Roche, Chief Human Resources Officer
Greg Yeager, Police Deputy Chief
Chris Van Hall, Legal
SUBJECT
Resolution 2017-091 On a Community Trust Initiative Rescinding Resolution 2006-085 and Directing the City
Manager to Create a Task Force Regarding Immigrant Communities.
EXECUTIVE SUMMARY
This item is a proposed resolution demonstrating the City’s commitment to supporting immigrant communities
by providing clarity on organizational policies and rescinding Resolution 2006-085, as well as creating a task
force to research issues relating to immigrant community members’ needs.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Upon request by local community members, City Council directed the City Manager to convene an internal
workgroup this past spring to analyze a proposed Community Trust Ordinance
(<http://www.fcgov.com/sustainability/pdf/FINALCommunityTrustOrdinanceAnalysisReport_08.04.2017.pdf>).
Subsequent to the analysis, City Council requested that staff explore proposing a resolution that would:
Demonstrate support for our immigrant community;
Change appropriate administrative policies;
Detail an education and outreach plan with our immigrant community;
Repeal Resolution 2006-085.
Resolution 2006-085
Colorado Revised Statutes Section 29-29-103 required Colorado municipalities to report arrestees to
Immigration and Customs Enforcement (ICE) when probable cause maintains an arrestee is not legally present
in the United States. The City passed Resolution 2006-085 to comply with Section 29-29-103. Section 29-29-
103 was repealed by the Colorado General Assembly in 2013.
Rescinding Resolution 2006-085 would eliminate ambiguity regarding the related City policies and help foster
trust between our immigrant community and City staff, especially with regards to Police Services. As reported
in the Community Trust Ordinance analysis, undocumented community members have expressed a reluctance
to interface with police when witnessing crimes or as the victims of crime for fear of deportation.
This item has been amended to add a copy of Resolution
2006-085, which is proposed to be rescinded.
Agenda Item 8
Item # 8 Page 2
Education and Outreach Plans
In addition, providing targeted outreach to educate undocumented/immigrant community members would
further strengthen trust and relations by providing clarity on the City’s role in immigration matters and
information on personal rights held by and resources available to immigrants. Staff has drafted the following
policies and engagement plans:
Current Communication and Action around Policies and Resources
1. Language shift to replace term “citizen” with “resident” or “community member” for more inclusive and
accessible language.
a. This shift is already prevalent in many day-to-day communications and the most notable is the
name change of our statistically valid survey from “Citizen Survey” to “Community Survey” for
the upcoming 2017 iteration.
2. Internal review of policies and other documents to be provided in additional languages. The current
priority is to provide these documents in Spanish but this could expand to other languages as needed.
a. Priority departments include Neighborhood Services, Police Services, and Communications
and Public Involvement to translate documents such as the Landlord Tenant Manual which
provides information on local ordinances that apply to landlord and tenant relationships and
rights.
b. FCPD Policies that will be translated to Spanish and made publicly available are:
i. #338 Bias-Motivated Crimes
ii. #340 Expectations of Conduct
iii. #352 Mutual Aid and Outside Agency Assistance
iv. #368 Limited English Proficiency Services
v. #402 Racial or Bias-Based Profiling
vi. #422 Diplomatic and Consular Contacts
vii. #428 Immigration Violations
viii. #440 Detentions, Contacts, and Photographing Detainees
ix. #600 Investigation and Prosecution
x. #1020 Administrative Investigations
3. Aligned and maintained translation and interpretation resources
a. List of local and certified translators and interpreters (Spanish and Arabic) accessible by all
City employees
b. Interpretation System available and accessible to all staff and some City sponsored events
c. Certification process for employees with language abilities
d. 24/7 access to interpretation in over 200 languages through the City’s language services
provider
e. Title VI Training
4. It’s Your| My| Our Spanish resource page - <http://www.fcgov.com/myfoco/spanish>
a. Engagement and resource page specifically for Spanish speakers
b. Leads them directly to language assistance resources such as the Utilities Customer
Assistance line; information request form; a general City contact form; and information about
how to request translated materials or an interpreter
c. Includes poll on what programs people would most like to have provided in Spanish, if and
how they want to participate in City events, and what barriers they experience that currently
prevent participation
5. Share memo from Poudre Fire Authority Fire Chief confirming and sharing with staff that they do not
record personal information from callers
6. One pager/community statement letter
a. Summary of City policies and public resources related to immigration topics to help
immigrants, refugees and other communities gain access to accurate information.
7. Full assessment of discussion from first group meeting to determine next steps and specific action
items of potential Task Force
Agenda Item 8
Item # 8 Page 3
8. Inclusivity and Diversity Appreciation Banners
a. Banners will be hung throughout the community indefinitely to demonstrate the City’s
commitment to making visitors and residents feel valued and included
9. ClimateWise Social Badge for Inclusive Business Practices
a. A two-tiered program offering for businesses interested in demonstrating a commitment to
making Fort Collins a welcoming community for all.
b. Tier One would involve a business signing on as an entity that supports equity and
inclusion. In return, they would receive a decal to display in their window that messages to
patrons all are welcome.
c. Tier Two would involve everything mentioned above plus an actual equity training for staff or
managers that would earn that business a social badge plaque to be displayed in addition to
the decal.
Personnel Policy and Procedures Changes
The City Manager has changed personnel policies 8.1 and 8.2 to include citizenship status as a protected
class and provide clarity on staff responsibilities in the following key areas:
8.1 B.4: Existing anti-harassment policy now includes citizenship status to the list of characteristics or
protected classes.
8.1 B.5: Added new subsection to existing anti-discrimination policy clarifying that it is permissible for
employees to inquire and make decisions about a person's citizenship status where state and federal
law require it.
8.2 A.2: Added "citizenship status" to list of characteristics or protected classes protected in prohibition
of workplace harassment.
Policy Violations
Consequences for policy violations are as follows, with overview provided in an Introduction from the City
Manager:
“. . . As a municipality, we provide a wide range of services to the public through various departments
throughout the organization. Although we may work in different departments, we are all City
employees, and we share a common mission of providing exceptional service for an exceptional
community.
We are constantly guided by our vision to provide world class municipal services through operational
excellence and a culture of innovation. These Personnel Policies and Procedures provide several
types of information that new and established employees need to know as they bring structure to our
organization and assist all of us in the day-to-day decision-making processes.
Our policies and procedures need to be consistently applied across the organization as they are
intended to ensure everyone is treated fairly and equitably.”
Policy References
1.1.1 Purpose of the City of Fort Collins Personnel Policies and Procedures
The purpose of these City of Fort Collins Personnel Policies and Procedures is to give all employees a
general understanding of the employment policies and procedures of the City of Fort Collins (“City”).
. . . All employees are expected to comply with the City of Fort Collins Personnel Policies and
Procedures and its updates as changed from time to time by the City.
Agenda Item 8
Item # 8 Page 4
9.1 Discipline and Corrective Action Procedures
All employees are expected to meet the reasonable expectations of their supervisors and perform
satisfactorily at all times. There may be occasions, however, when employees perform unsatisfactorily,
violate a policy, or act inappropriately in the supervisor’s judgment.
10.1.2 Involuntary Termination of Employment
A. Unclassified and Contractual Positions and Classified Positions during the Introductory Period: The
employment of employees in unclassified and contract positions can be terminated by the City at will
with or without cause or notice at any time. Similarly, the employment of new hires into classified
positions that have not completed their period of introductory status can be terminated by the City at
will with or without cause or notice at any time.
B. Classified Positions (after Introductory Period): The employment of employees in classified
positions who have completed their introductory periods may be terminated only for “cause.” The term
“cause” means a reason for the termination. “Cause” may relate to the individual employee’s conduct
or to the City’s operational needs. Examples of what the City considers cause for termination include,
but are not limited to, any violation of the City Charter, City Code or other law, unsatisfactory job
performance, not following the City’s employment policies or practices, including policies in these City
of Fort Collins Personnel Policies and Procedures, not appearing for work when expected, or engaging
in any type of misconduct or action inconsistent with the public trust (see Personnel Policy 8.1,
Conduct and Performance). In addition, cause for termination may also exist for reasons not related to
job performance, such as operational need, reorganization, elimination of positions, or staff reduction.
CITY FINANCIAL IMPACTS
Financial impacts will be limited to the engagement efforts and include translation costs, material creation and
printing, childcare at meetings if needed, and task force facilitation.
BOARD / COMMISSION RECOMMENDATION
The Human Relations Commission sent a letter to Council supporting a Community Trust Ordinance on August
30, 2017. (Attachment 1)
PUBLIC OUTREACH
On September 13, staff conducted a stakeholder input meeting to hear community members’ thoughts on the
proposed resolution. Stakeholders represented included Fuerza Latina, Poudre School District, community
members, the Human Relations Commission, members of the Community Equity Consortium, Holy Family
church, the Islamic Center of Fort Collins, and La Familia.
Members of the group expressed a desire for substantially revising the draft resolution City Policies Regarding
Immigrant Communities Reporting Crime and Rescinding Resolution 2006-085, as they didn’t want to remove
protections that had been drafted for City staff engagement with undocumented community members.
The group further stated that there remains persistent fear within the immigrant community, especially given
the changes and uncertainty at a federal level. Specifically, people expressed fear of opening the door to
police, reporting crimes, and that a routine traffic stop would result in detainment and/or deportation.
Owing to a multitude of pressing issues, the group recommended City staff draft a resolution rescinding
Resolution 2006-085, deleting all recitals about police policies, and insert a new one for the express formation
of a regional task force that would work within an established timeline to move forward a number of actionable
items, listed below.
Agenda Item 8
Item # 8 Page 5
Task Force Overview:
Members: Appointed by City Manager with representatives from stakeholder groups involved in
Community Trust Initiatives process, including impacted members of the community
Timeline: Task Force will deliver a report to the City Manager May 31, 2018, after appointment with
support from an external facilitator and staff liaisons
Objectives: Task Force will provide recommendations on how the City can better engage with immigrant
communities to foster trust and mutual understanding, specifically:
o Educational resources
o Outreach strategies (Citywide and Police-specific)
o Partnerships with other community groups and institutions
ATTACHMENTS
1. HRC Support Letter (PDF)
2. HRC Work Session Minutes, August 25, 2017 (PDF)
3. Stakeholder Meeting Notes, September 13, 2017 (PDF)
4. Powerpoint presentation (PDF)
5. Resolution 2006-085 to be rescinded (PDF)
DATE: August 30, 2017
TO: Mayor and City Council Members
Darin A. Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Beth Sowder, Social Sustainability Director
FROM: Vic Smith, Chair, Fort Collins Human Relations Commission
RE: Response to Hate Flyer
This memo is in response to the Neo-Nazi flyers distributed at bus stops in Fort Collins in late July.
The flyers advertised a website that promoted a white nationalist rally that took place on Saturday,
August 12, 2017, in Charlottesville, VA. The rally was a horrific reminder that hate and racism still
linger in our country.
Demonstrations of hate and racism are in contrast to the values the City of Fort Collins holds and
promotes, and such propaganda leaves members in our community feeling unsafe. It is under these
kinds of circumstances that City leadership is in the position to advocate for and promote unity,
safety, and equity.
Members of the Human Relations Commission urge Council Members to speak out against hate by
sending a message that our goal is to be a welcoming and accepting community that supports,
celebrates, encourages, and benefits from its diversity.
The HRC recommends Council take the following actions:
Continue to study the proposed Community Trust Ordinance and pass an ordinance that
defines the goals of Fort Collins to be a welcoming and accepting community.
Support our City’s growing need for resources and actions to achieve equity, diversity,
inclusion, and social justice by increasing the Equity and Inclusion Coordinator position
from half time to full time.
Members of HRC have reached out to community leaders, such as Reverend Gretchen Haley of the
Foothills Unitarian Church and Senator John Kafalas, for collaboration. We applaud the direction
taken by the Department of Social Sustainability and Director Beth Sowder to support our
community through this difficult time.
We encourage you to consider and act on the HRC’s recommendations and thereby send a strong
message that reflects the values of our City to maintain a zero tolerance approach for hate.
ATTACHMENT 1
Fort Collins Human Relations Commission
ATTACHMENT 2
1
Stakeholder Engagement Meeting
9 /13/17
Northside Aztlán Center
7 – 9 pm
Meeting Purpose:
Share update of personnel policies (from HR)
Gather input on draft resolution
Share outreach plans and gather input
The following are notes captured at the meeting.
Feedback on City Personnel Policies and Practices
Is hot line accessible in other languages? (yes, in telelanguage)
What is the communications plan for the hotline? Is it available in Spanish? (if requested, we
provide in any language and EEOC manager will communicate to people)
If someone violates policy, it’s already too late – for example, in Police, an officer might violate
but person is already detained and on way to being deported, so too late to be of real meaning
Police – detailed policy manual
1st violation could have most severe consequence, depending on severity of violation…no
progressive discipline policy
Will depend on investigation – case by case
Concerned with vague terminology in Police Manual (bias-motived crime especially)
No clear consequences for policy violation
Need formal equity and inclusion policy at senior level – City management
Resolution Feedback
What happened to the proposed Community Trust Ordinance?
o City Manager’s Office and City Attorney’s Office recommended a resolution because
of the uncertainty at the federal level and risk to funding
o Council did not direct staff to bring forward an ordinance
Did get direction to include statement of support in resolution, as well as other avenues
(policy changes, outreach, etc).
Concerns about nice language that does nothing
Can include more to make a difference
Commitment to include all feedback in council materials – both what is included and what is
not
Can the 2006 resolution be repealed on consent?
2004 reso put in place a task force –could we add this to a resolution as an action item?
Confusing language with page 2, sec 3 – supporting Police policy 428.3.1 – “alien,”
“generally,” 428.4
Language does not specify – “generally”
Law enforcement – concern with general language – reso doesn’t fix that
PSD concern with dual role of School Resource Officer in their schools (even though they
love their SROs), how it pertains to engagement. Need clear language/accountability for
parameters of duties as relate to immigrant youth
Continue ongoing dialogue – respond to fears, create task force
ATTACHMENT 3
2
o “People are afraid.”
o “I need to know the law”
o “I need to know what to do.”
o “I need to communicate to the people around me.”
Action step in reso – task force – include timelines for action, who should be included, what
they need to accomplish, by when
Interested in creating task force and having one action item be to analyze police policies
Recommendations, next steps
o 1) look at current draft reso – make changes, specific to part supporting police policy
o 2) include task force
Would like to see strong statement of support, meaningful with accountability, sustainable
(won’t go away)
Okay with statement of support – 1st page language
Suggest De-couple repeal of 2006 ordinance and come back later with other changes, more
specific language and details of specific outreach
Will send input regarding which Police policies to change
Strike 2, 3
Leave 4 – needs to be clear
Happy we’re listening – have a lot of fear
What can they expect?
Afraid to open door to police
Voice of many immigrants
DACA thrown out
Feel very vulnerable at this time
Appreciate this – needs to know so she can share with others how to prepare, know their
rights
Ideas for Outreach and Building Trusting Relationships
How can we connect community members and Police to understand what they should/can do to
build trust?
Will take more than a conversation to build trust and mutual understanding
Need trusted communicators/ambassadors/messengers
PFA does not keep info about status or documentation – just there to serve, but is not a written
policy, more a statement from the chief that came out about a month ago, shared publicly via
board meeting
Annie encouraged group to continue to share concerns, help identify safe places to meet and
preferred information channels
Need many ways of outreach – not just one thing – needs to be a safe space and we as a City
need to go into the community and meet them where they are
Interested in a longer conversation about ideas for outreach (could happen with task force)
Continued Concerns
People are being detained and deported because of traffic stops
People aren’t reporting crimes
FCPS need to be prohibited from acting as ICE agents
Keep ICE out of courthouse
3
Huge issue for PSD – they are continually working on it and by law are there to serve everyone,
regardless of status.
School officials need clarity on where the line is in terms of offenses being committed on school
property – eg, marijuana possession. Can we keep it from turning into status reveal?
Need to include other stakeholders in ongoing conversations
New Police Chief could be very impactful – what opportunities do they have to ensure community
engagement?
Police needs to add or increase their involvement
Also, CityPlan update – commitment to prioritize equity and inclusion, including funding for efforts.
Need to develop relationships for the process
Document to share as ambassador
Felt safe before, but now scared – driver’s license is a great help if we can use that – how things
are implemented is what matters more than words
Jacqueline Kozak-Thiel, Teresa Roche, Greg Yeager 1
Community Trust Initiatives
Overview
2
Background
Analysis and Engagement
City Actions Taken
Draft Resolution and Stakeholder Input
Task Force
Next Steps
Background
3
CTO Proposed
by Community
in Spring 2017
Cross-
Functional
Efforts,
Engagement
& Report to
City Council:
July, 2017
City HR
Policies
Revised:
July, 2017
Follow-up
Stakeholder
Engagement:
9/13/17
Council
Consideration
of Proposed
Resolution:
10/3/17
Continued
Outreach
and
Education
Efforts:
Ongoing
Analysis: Content & Findings
4
Strategic and value alignment
Human Resources, procurement, and police policies
Which City programs require knowledge of citizenship
status, per state and federal law
Policies and Processes for Employee and Police Policy
Violations
Other Colorado jurisdictions
Stakeholder feedback and input
Targeted Stakeholder Engagement
5
o CSU Diversity & Inclusion
Leadership
o CSU Dreamers Student
Organization
o Community Members
o Fuerza Latina
o Holy Family Church Leadership
o Human Relations Commission
o Islamic Center of Fort Collins
o PSD Equity Department
Key Takeaways:
Perceptions and Experiences
“People are afraid.”
~ Maria Fuerte,
Holy Family Church
6
Key Takeaways:
Policies and City Engagement
7
Clear language
on policies,
rights and
resources
Statement of
support
Accountability
for City
employees
regarding
immigration
status inquiries
Ongoing
outreach to
build trusting
relationships
Response to Council Direction
and Stakeholder Input
Personnel policy changes
Draft resolution
Draft outreach plan to build trust
8
Actions Taken:
City Personnel Policies
Accountability
• Policy communication and
acknowledgement
• Violation consequences
• Subject to disciplinary action up to
and including termination
Reporting
Alleged
Violations
• Chain of command
• Any manager in the City
•HR
• Ethics Hotline - 855-230-0330
9
• Inclusion of “immigration
status” to list of protected
classes
• Addition of “immigration
status” as prohibited
harassment
• Clarification of when
permissible to inquire about or
make decisions related to
immigration status
Current Outreach and Actions
• Language shift from “citizen” to “resident”
• Review of policies and documents to be
translated
• Landlord Tenant Manual
• Various FCPD Policies
• General Communications
• Summary of policies and resources
for service providers, immigrants,
refugees, and other communities
10
Current Outreach and Actions
• Culturally customized interactions between
residents & officers
• Cafecitos
• Introduction of new Chief of Police
• Spanish resource page on fcgov.com
• Inclusion and Diversity Appreciation
Banners
• ClimateWise Social Badge
• Poudre Fire Authority statement
11
Draft Resolution Feedback:
Recitals & Language
12
Prefer ordinance instead of resolution
Appreciate supportive recitals
Thankful City staff is listening
Desire for more accountability and sustainability
9/13/17 stakeholder
meeting:
• Fuerza Latina
• Poudre School District
• Human Relations
Commission
• Islamic Center of Fort
Collins
• Immigrant Families
• Community Members
• Community Equity
Consortium
New Resolution Inclusions
13
Rescinds Resolution
2006-085
Demonstrates support
for immigrant and
diverse communities
Encourages police
reporting and
accountability
Directs City Manager
to form task force
Task Force
14
Appointed by City Manager
Members will be reps from stakeholder and
impacted community members
Supported by facilitator and city staff
Provide recommendations
Report to City Manager and Council
More to Do: Next Steps
15
• Work closely with stakeholders
• Continue to meet and gather feedback
• Continue outreach, education and resource development
• Multilingual flyer that outlines policies, opportunities
and resources
• Join efforts with trusted community leaders to build
relationships & create authentic communication
• Follow-up memo
-1-
RESOLUTION 2017-091
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ON A COMMUNITY TRUST INITIATIVE RESCINDING
RESOLUTION 2006-085 AND DIRECTING THE CITY MANAGER TO
CREATE A TASK FORCE REGARDING IMMIGRANT COMMUNITIES
WHEREAS, the City of Fort Collins recognizes the numerous contributions immigrants
have made in making our community a vibrant, dynamic and innovative place for all; and
WHEREAS, fostering a safe environment where all immigrants are welcomed, accepted,
and fully integrated into the social, civic, and economic fabric of Fort Collins is a priority for our
City; and
WHEREAS, supporting our immigrant community aligns with the City’s strategic
objectives to promote a more inclusive and equitable community that embraces and celebrates
diversity and to also maintain a welcoming, inclusive community where people feel connected;
and
WHEREAS, the City Council wishes to foster communication with immigration
populations regarding their contributions and responsibilities and to also provide resources
within the community and the City organization; and
WHEREAS, the Council has become aware of reports of non-citizen residents of Fort
Collins being fearful to contact law enforcement to report crimes and are hesitating to come
forward as victims and witnesses of crimes; and
WHEREAS, it is in the public interest, and within the police power of the City of Fort
Collins to promote the general safety and welfare of the community, and to encourage all
residents to report crimes and come forward as victims and witnesses of crimes, regardless of
their race, ethnicity, national origin or immigration status; and
WHEREAS, Resolution 2006-085, which was adopted to comply with the since-repealed
Colorado Revised Statutes Section §29-29-103, required City police officers to report the
immigration status of certain arrestees to Immigration and Customs Enforcement; and
WHEREAS, in the interest of community trust, the City Council wishes to repeal
Resolution 2006-085 and allow Fort Collins Police Services to follow any internal policies, as
changed from time to time, regarding police officer interaction with immigrant communities; and
WHEREAS, the Council wishes to direct the City Manager to create a task force to
advise him regarding how the City can effectively explain and inform the public about its
policies and practices, and engage immigrant communities through education, outreach, services,
programs and partnerships; and
WHEREAS, nothing in this Resolution is intended to restrict City police officers from
communicating, or otherwise exchanging, legitimate law enforcement information, or otherwise
abrogate any duty to cooperate, with federal, state or local entities.
-2-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. Resolution 2006-085 is hereby rescinded and repealed in its entirety.
Section 3. The City Manager is directed to establish a community task force that
includes community stakeholders to recommend to the City Manager no later than May 31, 2018,
ways for the City to effectively explain and inform the public about its policies and practices,
and engage immigrant communities through education, outreach, services, programs and
partnerships.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of October, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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r
s
e
t
o
o
t
h Dr
Churchill Ct
O
v
e
r
l
oo
k
D
r
Hidden Springs Rd
Stallion Cir
Powell Pl
Mesaview Ln
G
ros
v
en
o
r
Ct
W
ild Ro
s
e W
a
y
T
r
o
w
b
r
idg
e
D
r
Look
o
ut L
n
Hig
h
l
ands
W
est Dr
Baxter Pl
Colt
C
ir
Pint
o
Ln
High
P
lain
s
Ct
Gray Fox Rd
Valley Ridg
e
C
t
Br
o
n
c
o
Ln
M
ust
a
n
g
Ln
Bedfor
d
Ct
Picadilly Ct
Oak Hill Ct
Nottingham Ct
S Taft Hill Rd
W County Road 38e
W Horsetooth Rd
Zoning Map
Taft Canyon
-
1,000 500 0 1,000 Feet
Annexation
Boundary Fox
Hills
Wild-
flower
Annexation Boundary
Fox
Hills
Pineridge Nat. Area
Cathy Fromme
Prairie Nat. Area
Legend
Natarea
City Limits
GMA
City Zoning
ZONE
Low Density Mixed-Use Neighborhood (LMN)
Residential Foothills (RF)
Low Density Residential (RL)
Red Fox Road
ATTACHMENT 2 6.b
Packet Pg. 91
Attachment: Current Zoning Map (5959 : Fox Hills Second Annexation)
y
W
h
ippe
n
y
Dr
T
r
o
w
b
ridg
e
D
r
High
l
a
nds W
e
stD
r
Baxter Pl
Co
l
t
C
i
r
Pinto
L
n
High
P
lain
s
Ct
Cheney Dr
Gray Fox Rd
Valley Ridge Ct
K
it
Fox
R
d
B
r
o
n
c
o
L
n
M
ust
a
n
g
L
n
Bedf
o
r
d
Ct
Im
p
e
ria
lDr
Picadilly Ct
Vajobi Ct
Nottingham Ct
Lathrop Ct
Red Fox Ct
S Taft Hill Rd
W County Road 38e
W Horsetooth Rd
Fox Hills Second Annexation
Vicinity Map
Taft Canyon
1,000 500 0 1,000 Feet -
Annexation
Boundary
Fox
Hills
Wild-
flower
Legend
Trails
Natarea
City Limits
GMA
Annexation Boundary
Fox
Hills
Pineridge Nat. Area
Cathy Fromme
Prairie Nat. Area
ATTACHMENT 1 6.a
Packet Pg. 90
Attachment: Vicinity Map (5959 : Fox Hills Second Annexation)