HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/15/2017 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY August 15, 2017
City Council
STAFF
Delynn Coldiron, Interim City Clerk
SUBJECT
Consideration and Approval of the Minutes of the July 5 and July 18, 2017 Regular Council Meetings, the June
27, 2017 Special Council Meeting and the July 25, 2017 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the July 5 and July 18 Regular Council meetings, the
June 27, 2017 Special Council meeting and the July 25, 2017 Adjourned Council meeting.
ATTACHMENTS
1. June 27, 2017 (PDF)
2. July 5, 2017 (PDF)
3. July 18, 2017 (PDF)
4. July 25, 2017 (PDF)
City of Fort Collins Page 482
June 27, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Summers, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Knoll
1. Executive Session Authorized.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to go into executive session,
as permitted under Section 2-31(a)(1) of the City Code and Colorado Revised Statutes Section 24-6-
402(4)(f)(I), for the purpose of conducting mid-year performance reviews of the City Manager and the City
Attorney.
RESULT: APPROVED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Summers, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 8:51 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 483
July 5, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Summers, Troxell, Cunniff, Horak
ABSENT: Stephens, Overbeck
Staff Present: Atteberry, Daggett, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
CITIZEN PARTICIPATION
Nancy York discussed a study relating to air pollution and older adults from the Harvard School
of Public Health.
Bill See stated he received a citation from the City for having bags of trash on his curb on his
trash day. He requested that directive to City staff be reversed.
Marilyn Fox discussed the importance of her short-term rental to her finances.
Thomas Edwards discussed veterans’ issues and requested a new City board be formed to discuss
those issues.
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell requested staff input regarding the trash bag citation issue. City Manager
Atteberry replied staff will respond directly to the citizen tomorrow and will ensure a discussion
takes place.
Councilmember Martinez supported looking into the trash bag citation issue and suggested the
formation of a temporary Mayor’s Blue Ribbon or ad hoc panel to look into local veterans’
issues.
Councilmember Cunniff noted air quality is on Council’s work plan.
Mayor Troxell noted short-term rentals will be discussed at next week’s work session.
CONSENT CALENDAR
Councilmember Martinez withdrew Item No. 8, Items Relating to the Lease Financing of the
Firehouse Alley Parking Garage, from the Consent Agenda.
Councilmember Summers withdrew Item No. 10, First Reading of Ordinance No. 085, 2017,
Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land
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City of Fort Collins Page 484
Conservation, Public Improvements and Related Natural Areas Programming Not Included in
the 2017 Adopted City Budget, from the Consent Agenda.
Eric Sutherland withdrew Item Nos. 9, Second Reading of Ordinance No. 084, 2017,
Appropriating Prior Year Reserves in the General Fund for Larimer County Jail Services, and
16, Resolution 2017-060 Approving the 2017 Certification to the Larimer County Assessor
Pursuant to C.R.S. Section 1-25-807(3)(a)(IV)(B) for the Downtown Development Authority
Property Tax Increment, from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Summers, Troxell, Cunniff, Horak
ABSENT: Stephens, Overbeck
1. Consideration and Approval of the Minutes of the May 23, 2017 Adjourned Council Meeting
and the June 6, 2017 Regular Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the May 23, 2017 Adjourned Council
meeting and the June 6, 2017 Regular Council meeting.
2. Second Reading of Ordinance No. 070, 2017, Appropriating Prior Year Reserves in the Capital
Improvement Expansion Fund and in the Keep Fort Collins Great Tax Fund For Disbursement
to the Poudre Fire Authority. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 6, 2017, appropriates funds from
the Fire Capital Expansion Account to Poudre Fire Authority (PFA) for payment of debt on Fire
Station 4. Station 4, located at 1945 West Drake Road, was built through a Lease/Purchase funding
source at a rate of 4%, with 20 installments. The Fire Capital Improvement Expansion Fund has
been used to make the annual Lease/Purchase payments. The Lease/Purchase agreement allows
for prepayment after December 18, 2017. Paying off the Station 4 Lease/Purchase will save Poudre
Fire Authority $451,000 in interest payments over the next ten years, and will allow Capital
Expansion Fees to build for the future construction of PFA’s next fire station. During the 2017 PFA
Budget process, the Board of Directors directed staff to pay off the outstanding debt on Station 4,
utilizing Capital Expansion Fees that have been collected for the benefit of PFA and held in an
earmarked account.
3. Second Reading of Ordinance No. 071, 2017, Appropriating Unanticipated Revenue in the
Wastewater Fund for the State Highway 14 Bridge over the Poudre River Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 6, 2017, appropriates $83,044 into
the Wastewater Fund for work performed by the City as part of the Colorado Department of
Transportation’s (CDOT) State Highway (SH) 14 Bridge over the Poudre River Project.
4. Items Relating to the Adoption of the 2015 International Codes. (Adopted)
A. Second Reading of Ordinance No. 072, 2017, Amending Chapter 5, Article II, Division 2, of the
Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Building
Code (IBC) and Adopting the 2015 International Building Code, with Amendments.
July 5, 2017
City of Fort Collins Page 485
B. Second Reading of Ordinance No. 073, 2017, Amending Chapter 5, Article II, Division 2, of the
Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Energy
Conservation Code (IECC) and Adopting the 2015 International Energy Conservation Code, with
Amendments.
C. Second Reading of Ordinance No. 074, 2017, Amending Chapter 5, Article II, Division 2, of the
Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Residential
Code (IRC) and Adopting the 2015 International Residential Code, with Amendments.
D. Second Reading of Ordinance No. 075, 2017, Amending Chapter 5, Article IV, of the Code of the
City of Fort Collins for the Purpose of Repealing the 2012 International Mechanical Code (IMC)
and Adopting the 2015 International Mechanical Code, with Amendments.
E. Second Reading of Ordinance No. 076, 2017, Amending Chapter 5, Article IV, of the Code of the
City of Fort Collins for the Purpose of Repealing the 2012 International Fuel Gas Code (IFGC)
and Adopting the 2015 International Fuel Gas Code, with Amendments.
These Ordinances unanimously adopted on First Reading on June 6, 2017, adopt the 2015
International Codes (I-Codes). The 2015 I-Codes represent the most up-to-date construction
standards establishing minimum requirements to safeguard the public health, safety, and general
welfare from hazards attributed to the built environment within the City of Fort Collins.
Subsequent to First Reading, IBC local amendment 903.3.1.2 has been edited at Exceptions 1 and 2
to change the reference from “fire wall” to “fire partition” to be consistent with the intent of the
section.
5. Second Reading of Ordinance No. 077, 2017, Amending the Fort Collins Traffic Code
Regarding Stadium Events. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 6, 2017, adopts a new violation of
the Residential Parking Permit Program (RP3) for Colorado State University’s (CSU) major stadium
events. Consistent with the intergovernmental agreement (IGA) between the City and CSU, staff has
worked with neighborhoods adjacent to the university campus to develop parking restrictions during
major events at the new CSU stadium. Non-residents will not be permitted to park in participating
neighborhoods during football games or any events with an expected attendance of 12,000 or
greater. City Parking Services staff will be enforcing these restrictions four hours prior to the start of
an event until the end of the event.
6. Second Reading of Ordinance No. 078, 2017, Designating the Dairy Gold Creamery
Laboratory located at 212 Laporte 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.
This Ordinance, unanimously adopted on First Reading on June 6, 2017, designates the Dairy Gold
Creamery Laboratory, 212 Laporte Avenue (currently the Butterfly Café) as a Fort Collins Landmark.
The Operation Services Department of the City of Fort Collins is initiating this request on behalf of
the City as the owner.
July 5, 2017
City of Fort Collins Page 486
7. Second Reading of Ordinance No. 079, 2017, Designating the Continental Oil Company
Property Located at 225 Maple Street, 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.
This Ordinance, unanimously adopted on First Reading on June 6, 2017, designates the Continental
Oil Company Property, 225 Maple Street, as a Fort Collins Landmark. This building currently houses
FoCo Café. The Operation Services Department of the City of Fort Collins is initiating this request on
behalf of the City as the owner.
8. First Reading of Ordinance No. 086, 2017, Appropriating Prior Year Reserves in the General
Fund for Transfer to Various City Funds for Tree and Branch Cleanup Expenses. (Adopted)
The purpose of this item is to appropriate $143,563 in General Fund reserves to cover the
unanticipated costs associated with the tree and branch cleanup from the May 18th and 19th spring
snowstorm to various City funds. This appropriation request will be used for the incremental costs
(direct costs) associated with the cleanup effort but not covered in the operating budget. This
includes personnel overtime and planned "work for other departments" costs that cannot be
recouped, as well as other incremental costs associated with contractors, equipment rental, fuel, etc.
that are uniquely and directly related to the snowstorm cleanup.
9. First Reading of Ordinance No. 087, 2017, Authorizing the Release of a Collateral Assignment
of Note and Deed of Trust which Secures Performance of Certain Obligations Related to the
1999 Restoration of the Northern Hotel. (Adopted)
The purpose of this item is to authorize the release of a collateral assignment of the Note and Deed
of Trust made by Funding Partners/NDC, in favor of the City of Fort Collins which secures
performance obligations contained within the Northern Hotel Restoration Agreement, dated
November 15, 1999. The release of the collateral assignment is requested by the property owner,
an affiliate of Funding Partners and the National Development Council, in order to facilitate the sale
and transfer of ownership of the Northern Hotel to an affiliate of Hendricks Communities LLC, an
affordable housing developer with a strong local presence.
10. First Reading of Ordinance No. 088, 2017, Amending the Land Use Code Sign Regulations.
(Adopted)
The purpose of this item is to update the Land Use Code (LUC) sign regulations with content neutral
standards. This Ordinance will address the following:
Eliminate standards that focus on the message of the sign
Create two Code sections, a permanent and temporary sign section
Introduce new standards based on the material classification for temporary signs
Provide additional clarification to standards for permanent signs
Add new terms with definitions related to temporary signs.
11. First Reading of Ordinance No. 089, 2017, Authorizing the Conveyance of an Amended
Access Easement and a Utility Easement on City-Owned Property at Gustav Swanson Natural
Area to Public Service Company of Colorado in Exchange for the Dedication of Land for Trail
Purposes. (Adopted)
The purpose of this item is to authorize conveyance of a utility easement and an amended access
easement to Public Service Company on Gustav Swanson Natural Area. Public Service Company
provides natural gas service to a large portion of Fort Collins residents from a downtown regulator
station along the Poudre River. The City has asked Public Service to realign its access easement to
July 5, 2017
City of Fort Collins Page 487
the regulator station and formalize its utility easements as part of the pending Whitewater Park
project. Public Service is also dedicating almost 2,000 square feet of land for trail purposes.
12. Resolution 2017-059 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Interstate Land Holdings Annexation. (Adopted)
The purpose of this item is to determine substantial compliance and initiate annexation proceedings
for the Interstate Land Holdings Annexation. The Interstate Land Holdings Annexation project
represents an annexation to bring two properties and State highway right-of-way totaling 12.2 acres,
located on the northwest corner of the I-25 and State Highway 392 intersection, into Fort Collins
municipal boundaries.
The requested zoning for this annexation is General Commercial (C-G) for the Interstate Land
Holdings properties and right-of-way, and Public Open Lands (P-O-L) for the City-owned
property. The requested zoning districts are in compliance with the City of Fort Collins Structure
Plan and the Fossil Creek Reservoir Area Plan Maps. A specific project development plan proposal
is not included with the annexation application.
The proposed Resolution makes a finding that the petition substantially complies with the
Municipal Annexation Act, determines that a hearing should be established regarding the
annexation, and directs that notice of the hearing be given. The hearing will be held at the time of
First Reading of the annexation and zoning ordinances; not less than thirty days’ prior notice is
required by state law.
13. Resolution 2017-061 Making Appointments to Cultural Resources Board and the Women's
Commission of the City of Fort Collins. (Adopted)
The purpose of this item is to appoint Amy Cervenan to fill a vacancy that currently exists on the
Cultural Resources Board due to the resignation of Gregg Adams and a vacancy that currently exists
on the Women’s Commission due to the resignation of Ginny Carroll. This Resolution appoints two
selected citizens, Amy Cervenan to fill the current Cultural Resources Board vacancy and Emily
Gorgol to fill the current Women’s Commission vacancy.
END CONSENT
COUNCILMEMBER REPORTS
Councilmember Cunniff stated he met with Larimer County Commissioner Gaiter and Poudre
School District Superintendent Smyser at the City/County/PSD liaison meeting during which it
was decided to hold a meeting annually in April regarding summer issues such as fireworks and
fire suppression.
Councilmember Martinez stated the Girl Scouts have raised the money to pay for a new year-
round water fountain at Catholic Charities.
Mayor Pro Tem Horak reported on the Boxelder Regional Stormwater Authority meeting during
which the Board passed the approvals for loan modifications.
Mayor Troxell complimented the City’s 4
th
of July festivities.
Councilmember Martinez reported on the Pi Kappa Phi fraternity fundraising bicycle ride across
the country.
City Manager Atteberry stated initial reports indicate a significant reduction in fireworks
complaints this year.
July 5, 2017
City of Fort Collins Page 488
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
14. Items Relating to the Lease Financing of the Firehouse Alley Parking Garage. (Adopted on
Second Reading)
A. Second Reading of Ordinance No. 081, 2017, Authorizing the Leasing of Certain City Property
and the Execution and Delivery by the City of a Site Lease, a Lease Purchase Agreement, and
Other Documents and Matters in Connection with the Financing of the City’s Acquisition of
Certain Parking Facilities; Setting Forth Certain Parameters and Restrictions with Respect to the
Financing; and Providing for Other Matters Related Thereto.
B. Second Reading of Ordinance No. 082, 2017, Appropriating the Lease Financing Proceeds in
the Capital Projects Fund to be Used for the Purchase of a Portion of the Firehouse Alley
Parking Structure and to Pay for Related Lease Financing Costs.
C. Resolution 2017-062 Authorizing the City Manager to Execute an Intergovernmental Agreement
with the Downtown Development Authority Regarding Contributions to the City for Public Parking
Spaces and Parking Programs in Downtown Fort Collins.
These Ordinances, unanimously adopted on First Reading on June 6, 2017, authorize the financing
and acquisition of the Firehouse Alley Parking Structure. Total costs are projected to be $8,430,000.
The City will acquire approximately 216 spaces located on the second and third floors. Resolution
2017-062 authorizes an intergovernmental agreement with the Downtown Development Authority
(DDA) that outlines the DDA contribution of $300,000 a year toward the lease payments, beginning
in 2019.
Councilmember Martinez stated he withdrew the item in order for staff to address citizen
concerns.
Eric Sutherland opposed the expenditure of tax dollars on the parking structure and stated its
users should fund the structure.
Nancy York stated she is surprised by the use of this type of financing and suggested City Hall
should be used as collateral rather than the Senior Center.
Diane Smith stated she is disappointed in the use of this type of financing and encouraged
Council to consider using other assets as collateral.
City Manager Atteberry stated the City has never defaulted on any loan in its history, to his
knowledge. John Voss, Financial Services, concurred the City has never defaulted. He stated
the Senior Center was chosen as collateral rather than the structure itself to receive a lower
interest rate. While other City structures were considered, some were already being
collateralized and others have different issues.
Councilmember Cunniff expressed concern regarding the reduction in the DDA’s contribution
amount from one-third to 28%. Mike Beckstead, Chief Financial Officer, replied he does not
recall a conversation in which the DDA was required to fund one-third of the structure. He
stated its commitment is to roll over its contribution to the Civic Center structure to this structure
after the Civic Center structure is paid off in June 2018.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 081, 2017, on Second Reading.
July 5, 2017
City of Fort Collins Page 489
RESULT: ORDINANCE NO. 081, 2017 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Summers, Troxell, Cunniff, Horak
ABSENT: Stephens, Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 082, 2017, on Second Reading.
RESULT: ORDINANCE NO. 082, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Summers, Troxell, Cunniff, Horak
ABSENT: Stephens, Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2017-062.
Mayor Pro Tem Horak stated this is a good news item as downtown needed an additional parking
structure and this public/private partnership made it possible.
Councilmember Cunniff stated this provides an opportunity to look at the overall downtown
parking policy.
RESULT: RESOLUTION 2017-062 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Summers, Troxell, Cunniff, Horak
ABSENT: Stephens, Overbeck
15. First Reading of Ordinance No. 085, 2017, Appropriating Prior Year Reserves in the Natural
Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural
Areas Programming Not Included in the 2017 Adopted City Budget. (Adopted on First
Reading)
The purpose of this item is to appropriate $10,790,000 in prior year reserves and unanticipated
revenues in the Natural Areas Fund for the purpose of land conservation, construction of public
improvements, restoration of wildlife habitat and other Natural Area Department programs to benefit
the citizens of Fort Collins.
Councilmember Summers asked about the source of the unanticipated revenues. Mark Sears,
Natural Areas Manager, replied it primarily comes from higher than anticipated Natural Areas
sales tax collected.
Councilmember Summers asked about how parcels are identified for purchase. Sears replied the
City’s land conservation is a multi-stage process involving a guiding Master Plan and input from
the Land Conservation and Stewardship Board. Council is informed of the status of various
projects and acquisitions quarterly in a confidential memorandum.
July 5, 2017
City of Fort Collins Page 490
Councilmember Summers asked if a certain set of criteria defines if parcels are appropriate for
conservation or open space use. Sears replied many filters are applied to each parcel. Those
include fitting into the Master Plan goals, fitting the various conservation values identified in the
ballot language, and meeting the criteria of land evaluation form to determine the priority of the
acquisition.
Councilmember Summers asked how the amount budgeted for land acquisition is determined.
Sears replied budgeting occurs through the bi-annual process. The ballot language is specific in
dedicating amounts for land conservation activities.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 085, 2017, on First Reading.
Mayor Pro Tem Horak noted the Natural Areas program has been thoroughly vetted through the
overwhelming citizen tax support.
Councilmember Cunniff noted land is getting more expensive; therefore, making purchases now
maximizes the opportunity to save land for future generations.
Mayor Troxell noted the land conservation program supports several community values.
Mayor Pro Tem Horak noted the City leverages dollars and relationships with the County and
neighboring cities.
RESULT: ORDINANCE NO. 085, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Summers, Troxell, Cunniff, Horak
ABSENT: Stephens, Overbeck
DISCUSSION ITEMS
16. Second Reading of Ordinance No. 080, 2017, Designating the James Ross Proving-Up House
Located at The Farm at Lee Martinez Park, 600 North Sherwood Street, Fort Collins, Colorado,
as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
(Adopted on Second Reading)
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.
This Ordinance, adopted on First Reading on June 6, 2017 by a vote of 5-0 (Cunniff, Overbeck
recused) designates the James Ross Proving-Up House, currently located at The Farm at Lee
Martinez Park, 600 North Sherwood Street, as a Fort Collins Landmark. The Recreation Department
of the City of Fort Collins is initiating this request on behalf of the City as the owner.
Councilmember Cunniff withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 080, 2017, on Second Reading.
July 5, 2017
City of Fort Collins Page 491
RESULT: ORDINANCE NO. 080, 2017 ADOPTED ON SECOND READING [4 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Summers, Troxell, Horak
ABSENT: Stephens, Overbeck
RECUSED: Cunniff
17. Second Reading of Ordinance No. 083, 2017, Appropriating and Transferring Prior Year
Reserves in the General Fund and Appropriating Prior Year Reserves in the Light and Power
Fund for Broadband Strategic Support Services. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on June 6, 2017 by a vote of 6-1 (nays: Summers)
appropriates $160k of one-time funding for consulting support for the City’s Broadband efforts, per
the current work scope. The effort to develop a more detailed Municipal Retail fiber internet service
model will run in parallel with staff efforts to issue a Request for Proposal (RFP) to explore a third
party alterative. As the work scope describes, consultants will work with City staff to develop details
around how to launch a Municipal Retail fiber internet service. Those plans will enable the City,
upon approval by Fort Collins voters authorizing the City to move forward, to immediately begin the
effort, issue RFPs to support the design and construction, and begin internal processes for call
centers, billing, marketing, sales, etc.
Eric Sutherland suggested the URA is not compliant with state law and stated management of
broadband should be done under a separate authority.
Councilmember Martinez asked how long the consultants will be employed. Mike Beckstead,
Chief Financial Officer, replied the engagement is through the end of the year; however,
agreements can be terminated with two weeks notification.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 083, 2017, on Second Reading.
Councilmember Martinez asked if the consultants are solely addressing how to build a retail
business or if they will also determine whether the service will work. Beckstead replied the
consultants have been hired primarily to help the City move forward with citizen engagement,
evaluate the third-party respondents to the RFP issued in May, and work on the launch plan
assuming voters approve moving forward.
RESULT: ORDINANCE NO. 083, 2017 ADOPTED ON SECOND READING [4 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Troxell, Cunniff, Horak
NAYS: Summers
ABSENT: Stephens, Overbeck
18. First Reading of Ordinance No. 090, 2017, Reappropriating Funds Previously Appropriated in
2016 But Not Expended and Not Encumbered in 2016. (Adopted as Amended on First Re)
City Council authorized expenditures in 2016 for various purposes. The authorized expenditures
were not spent or could not be encumbered in 2016 because:
there was not sufficient time to complete bidding in 2016 and, therefore, there was no known
vendor or binding contract as required to expend or encumber the monies
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City of Fort Collins Page 492
the project for which the dollars were originally appropriated by Council could not be completed
during 2016 and reappropriation of those dollars is necessary for completion of the project in
2017
to carry on programs, services, and facility improvements in 2017 with unspent dollars previously
appropriated in 2016.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2016 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
Fund 2016 Amended
Budget
Reappro-
priation Ord.
No. 058,
2017
Additional
Reappropriation
Request
% of 2016
Amended
Budget
General Fund $144,587,414 $948,174 $360,768 0.7%
Keep Fort Collins Great Fund 30,582,621 691,195 5,000 2.3%
Light and Power Fund 144,568,778 107,933 0.1%
Data and Communications
Fund
11,544,230 301,600 2.6%
Utility Customer Service and
Administration
18,168,083 40,608 0.0%
TOTAL $349,451,126 $2,048,902 $406,376 0.7%
Mike Beckstead, Chief Financial Officer, stated he is comfortable moving forward with this,
despite sales tax revenues being below budget, because the use tax is over budget and general
fund revenue is equal to or greater than budget. He stated the issue the City is facing with the
revenue shortfall is how to align ongoing spending with ongoing revenue.
Lawrence Pollack, Budget and Performance Measurement Manager, discussed what qualifies for
reappropriation and stated this Ordinance is for six items for approximately $400,000 with the
total 2017 reappropriation being $2.5 million.
Councilmember Martinez asked why Fort Collins is experiencing a revenue slowdown compared
to neighboring communities. Beckstead replied he does not have a specific answer to that
question; however, at the end of the first quarter, other communities were experiencing some
softening.
Councilmember Martinez asked if this has occurred in Fort Collins in the past. Beckstead
replied in the affirmative and stated 2009 and 2010 were both negative; however, the following
years had significant increases and funds went into reserves.
Councilmember Martinez requested some clarity prior to Second Reading. Beckstead replied he
was unsure he would have data from other communities regarding second quarter data prior to
Second Reading.
Pollack noted these six specific items were budgeted in 2016 and had they been completed, the
money would have been spent.
Councilmember Summers asked about the balance of the general fund reserve. Beckstead
replied it was just over $75 million as of 2016 year end.
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City of Fort Collins Page 493
Councilmember Cunniff requested information regarding staff’s plan for the process to slow
down and defer spending if necessary. Beckstead replied the priorities involve sweeping
vacancy or fuel savings, using a portion of the $4.4 million contingency fund, and “stop-doing”
or defer/delay for the remainder of the gap.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 090, 2017, on First Reading.
Mayor Pro Tem Horak made a friendly amendment to the Ordinance by reducing funding for the
Neighborhood Renewal Project and eliminating funding for the cybersecurity consulting
services. He stated the two items have changed from their original scope.
City Manager Atteberry noted the cybersecurity work is a continuation of ongoing work.
Councilmember Summers stated he wants to ensure important cybersecurity work is not being
curtailed.
Dan Coldiron, Chief Information Officer, stated these funds will continue to pay for a consulting
effort to identify and mature the City Utilities cybersecurity stance.
Councilmember Cunniff stated this item does not belong in a reappropriation ordinance, but
rather in the mid-cycle budget.
Councilmember Martinez asked if eliminating these funds is a security risk. Coldiron replied he
would advise doing the work and stated the funds would help to implement some of the
consultants’ recommendations for improvement of the City’s cybersecurity environment.
Councilmember Martinez asked if the timing of this work is critical or if waiting until the mid-
cycle budget would be sufficient. Coldiron replied it would be a lost opportunity as the
consultants would need to be re-engaged.
Mayor Pro Tem Horak requested a memo outlining the tracking of the funds.
Mayor Troxell asked if the Neighborhood Renewal Project would be able to come before
Council during the mid-cycle budget process. City Manager Atteberry replied that project is not
urgent.
City Attorney Daggett outlined the Ordinance changes proposed by Mayor Pro Tem Horak.
Mayor Troxell stated he would support the amended Ordinance and commended staff on their
work.
Councilmember Summers commended Mayor Pro Tem Horak and Councilmember Cunniff for
their work on the Council Finance Committee.
July 5, 2017
City of Fort Collins Page 494
RESULT: ORDINANCE NO. 090, 2017, ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Summers, Troxell, Cunniff, Horak
ABSENT: Stephens, Overbeck
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
19. Second Reading of Ordinance No. 084, 2017, Appropriating Prior Year Reserves in the
General Fund for Larimer County Jail Services. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 6, 2017, appropriates funding to pay
for services relating to the City’s use of the Larimer County Jail for municipal defendants for 2017.
Eric Sutherland stated he is concerned regarding the overall nexus between City and County
finances and how that is distorted by tax increment financing. He discussed jail overcrowding
and questioned what the City is doing to reduce incarceration rates.
Mayor Troxell requested staff input regarding Mr. Sutherland’s comments and noted staff has
completed analyses on TIF and the County. Mike Beckstead, Chief Financial Officer, replied the
City spent about two years working with a group of other municipalities and taxing entities and a
new financial model was ultimately developed. The model estimates the cost impact on those
taxing entities and built a qualitative framework for assessing some of the less quantifiable
factors.
Councilmember Martinez requested Police input regarding the three-bed jail package.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
Interim Police Chief Terry Jones replied the courts will have a significant role in the jail proposal
as these are generally sentenced individuals at the municipal level that will now find time to
spend in the Larimer County Jail if the judge so designates that as a sentence. Police Services
sees it as a positive change.
Councilmember Martinez asked how these three spaces play into jail overcrowding. Jones
replied Sherriff Smith has indicated to all county municipalities that the jail is at maximum
capacity. The fact that he is separating out three beds for Fort Collins is a positive for the city.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 084, 2017, on Second Reading.
Mayor Pro Tem Horak requested staff information regarding the alternative sentencing program.
City Attorney Daggett replied this IGA will help in the implementation of a number of standard
practices and will aid in influencing offenders to follow through with alternative sentences that
are part of plea bargains.
Mayor Troxell stated he would support the item and stated this will be an important tool in
keeping community safety at the forefront.
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City of Fort Collins Page 495
Councilmember Martinez stated he would like to see a measurement of the success of this
program. Jones replied there is not currently a mechanism in place for that; however, something
could be formulated.
RESULT: ORDINANCE NO. 084, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Summers, Troxell, Cunniff, Horak
ABSENT: Stephens, Overbeck
20. Resolution 2017-060 Approving the 2017 Certification to the Larimer County Assessor
Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority
Property Tax Increment. (Adopted)
The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax
distributions that are to be allocated for the Downtown Development Authority by the Assessor as tax
increment from the 2017 property taxes payable in 2018 to the City and to all other affected taxing
entities.
Eric Sutherland discussed the use of tax increment financing and stated there has never been a
study indicating an affirmative economic improvement from its use. He discussed the diversion
of revenues to which he stated the URA is not entitled.
Mayor Troxell stated he has met with Mr. Sutherland and discussed the difference of opinion
related to the state statute that allows for the use of tax increment financing by the URA.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2017-060.
RESULT: RESOLUTION 2017-060 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Summers, Troxell, Cunniff, Horak
ABSENT: Stephens, Overbeck
OTHER BUSINESS
Councilmember Summers requested information regarding the Vibrant Neighborhood Grant
Program. City Manager Atteberry replied he would present a memo separately.
Councilmember Summers noted part of the Strategic Plan involves enhancing community
involvement and engagement and stated he would like to see staff complete an evaluation of the
current Boards and Commissions structure.
Mayor Pro Tem Horak suggested staff provide Council with information regarding the current
public engagement efforts.
Councilmember Cunniff stated a new process is in place to evaluate each individual Board in a
more detailed way.
Councilmember Martinez discussed Neighborhood Night Out on August 1
st
.
July 5, 2017
City of Fort Collins Page 496
ADJOURNMENT
The meeting adjourned at 8:17 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 497
July 18, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Cunniff, Horak
ABSENT: Summers, Troxell
Staff Present: Atteberry, Daggett, Winkelmann, Knoll
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated a discussion regarding a possible Charter amendment that would
modify the types of cases heard by Municipal Court will be discussed under Other Business.
CITIZEN PARTICIPATION
Eric Sutherland discussed the Municipal Court item added to Other Business and stated the City
does not understand the mechanics of being a home rule city.
Gavin Kaszynski, Associates in Family Medicine Chief Financial Officer, announced the
opening of the CSU Health and Medical Center. He discussed the value of the Center as a
community resource and announced the open house.
Debra James opposed changes to Transfort routes 6 and 12.
Nadine Dirksen supported adoption of the Community Trust Ordinance.
Sarah Wernsing supported adoption of the Community Trust Ordinance.
Frances Gaebler supported adoption of the Community Trust Ordinance.
Nathan Howard supported adoption of the Community Trust Ordinance.
Kimberly Baker-Medina, immigration attorney, supported adoption of the Community Trust
Ordinance.
Kevin Cross, Fort Collins Community Action Network, supported adoption of the Community
Trust Ordinance.
Kelly Connor supported adoption of the Community Trust Ordinance.
Olivia Brown-Fisher supported adoption of the Community Trust Ordinance.
Nevan Mandel supported adoption of the Community Trust Ordinance.
July 18, 2017
City of Fort Collins Page 498
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Pro Tem Horak requested staff input regarding the Transfort routes mentioned by Ms.
James. Jeff Mihelich, Deputy City Manager, replied no changes are planned for routes 6 and 12
this year.
Mayor Pro Tem Horak requested staff input regarding the Community Trust Ordinance. He
noted the staff report has been released and asked when a recommendation will come forward.
Jackie Kozak-Thiel, Chief Sustainability Officer, stated staff has received direction from the
Leadership Planning Team to draft a resolution for Council consideration, which could occur in
August. Mihelich replied staff will prepare a memorandum for Council consideration which
includes potential recommendations from the City Manager’s Office, including a draft
resolution.
Kozak-Thiel stated staff has researched other cities’ resolutions and the next step will involve
getting feedback from Council regarding the report.
Councilmember Cunniff stated he wants to ensure a public and transparent process.
CONSENT CALENDAR
A citizen withdrew Item No. 11, First Reading of Ordinance No. 098, 2017, Annexing the
Property Known as the Blehm-Homestead Annexation to the City of Fort Collins, Colorado,
from the Consent Agenda.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Cunniff, Horak
ABSENT: Summers, Troxell
1. Second Reading of Ordinance No. 085, 2017, Appropriating Prior Year Reserves in the Natural
Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural
Areas Programming Not Included in the 2017 Adopted City Budget. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 5, 2017, appropriates $10,790,000 in
prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land
conservation, construction of public improvements, restoration of wildlife habitat and other Natural
Area Department programs to benefit the citizens of Fort Collins.
2. Second Reading of Ordinance No. 086, 2017, Appropriating Prior Year Reserves in the
General Fund for Transfer to Various City Funds for Tree and Branch Cleanup Expenses.
(Adopted)
This Ordinance, unanimously adopted on First Reading on July 5, 2017, appropriates $143,563 in
General Fund reserves to cover the unanticipated costs associated with the tree and branch cleanup
from the May 18 and 19 spring snowstorm to various City funds. This appropriation request will be
used for the incremental costs (direct costs) associated with the cleanup effort but not covered in the
operating budget. This includes personnel overtime and planned "work for other departments" costs
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City of Fort Collins Page 499
that cannot be recouped, as well as other incremental costs associated with contractors, equipment
rental, fuel, etc. that are uniquely and directly related to the snowstorm cleanup.
3. Second Reading of Ordinance No. 087, 2017, Authorizing the Release of a Collateral
Assignment of Note and Deed of Trust which Secures Performance of Certain Obligations
Related to the 1999 Restoration of the Northern Hotel. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 5, 2017, authorizes the release of a
collateral assignment of the Note and Deed of Trust made by Funding Partners/NDC, in favor of the
City of Fort Collins which secures performance obligations contained within the Northern Hotel
Restoration Agreement, dated November 15, 1999. The release of the collateral assignment is
requested by the property owner, an affiliate of Funding Partners and the National Development
Council, in order to facilitate the sale and transfer of ownership of the Northern Hotel to an affiliate of
Hendricks Communities LLC, an affordable housing developer with a strong local presence.
4. Second Reading of Ordinance No. 089, 2017, Authorizing the Conveyance of an Amended
Access Easement and a Utility Easement on City-Owned Property at Gustav Swanson Natural
Area to Public Service Company of Colorado in Exchange for the Dedication of Land for Trail
Purposes. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 5, 2017, authorizes conveyance of a
utility easement and an amended access easement to Public Service Company on Gustav Swanson
Natural Area. Public Service Company provides natural gas service to a large portion of Fort Collins
residents from a downtown regulator station along the Poudre River. The City has asked Public
Service to realign its access easement to the regulator station and formalize its utility easements as
part of the pending Whitewater Park project. Public Service is also dedicating almost 2,000 square
feet of land for trail purposes.
5. Second Reading of Ordinance No. 090, 2017, Reappropriating Funds Previously Appropriated
in 2016 But Not Expended and Not Encumbered in 2016. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 5, 2017, reappropriates 2016
appropriations authorized by City Council that lapsed at the end of 2016. The authorized
expenditures were not spent or could not be encumbered in 2016 because:
there was not sufficient time to complete bidding in 2016 and, therefore, there was no known
vendor or binding contract as required to expend or encumber the monies
the project for which the dollars were originally appropriated by Council could not be completed
during 2016 and reappropriation of those dollars is necessary for completion of the project in
2017
to carry on programs, services, and facility improvements in 2017 with unspent dollars previously
appropriated in 2016.
6. First Reading of Ordinance No. 091, 2017, Appropriating Unanticipated Revenue Relating to a
Federal Emergency Management Agency Grant for Acquisition and Remediation of Property
Adjoining the Downtown Whitewater Park Area. (Adopted)
The purpose of this item is to appropriate a $232,509 Federal Emergency Management Agency
(FEMA) grant. The total budget approved by FEMA is $265,725 which includes $33,216 that has
been previously appropriated by the City. The funds will pay for the acquisition and remediation of a
property adjoining the downtown whitewater park area.
7. First Reading of Ordinance No. 094, 2017, Amending Part 18 of the Fort Collins Traffic Code
Regarding the Towing and Impounding of Vehicles on Public Rights-of-Way. (Adopted)
The purpose of this item is to amend the Traffic Code to allow for the immediate removal and
impoundment of vehicles on public streets and alleys as a means of enforcing violations to the
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Residential Parking Permit Program (RP3) for Colorado State University (CSU) major stadium
events. The Code change would also allow the City to create new tow-away zones, if needed in the
future.
8. First Reading of Ordinance No. 095, 2017 Amending Section 19-65 of the Code of the City of
Fort Collins Regarding the Citation Procedure for Civil Infractions to Include an Exception for
Parking on Yards. (Adopted)
The purpose of this item is to consider an Ordinance that allows for immediate ticketing for parking
on yards during Colorado State University (CSU) game days and major stadium events.
9. First Reading of Ordinance No. 096, 2017, Calling a Special Municipal Election To Be Held In
Conjunction With the November 7, 2017 Larimer County Coordinated Election. (Adopted)
The purpose of this item is to call a Special Municipal Election to be held in conjunction with the
November 7, 2017 Larimer County Coordinated Election, and to preserve the opportunity for Council
to place initiated or referred issues on the November ballot. If Council decides to place any
measures on the ballot relating to Charter amendments, it would need to do so no later than August
29 in order to meet statutory requirements for publication. If Council does not take action by
ordinance or resolution before the statutory deadline (September 8) to certify ballot language to
Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no
further force and effect.
This Ordinance does not submit a specific measure to the November 7, 2017 ballot. Adoption of this
Ordinance is a required step in preserving the option for City Council to submit any ballot measures
that Council may desire, at the November 7, 2017 Coordinated Election.
10. First Reading of Ordinance No. 097, 2017, Vacating a Portion of Lincoln Avenue Right-of-Way
Dedicated on the Fort Collins Original Town Plat Dated January 17, 1873, with the
Reservation of a Drainage and Utility Easement. (Adopted)
The purpose of this item is to vacate a portion of Lincoln Avenue that is no longer necessary or
desirable to retain for street purposes. During the design process for the Lincoln Corridor
Improvements Project - Phase I, it was determined that there was a portion of right-of-way that was
no longer necessary to retain. The request to vacate was made by the City of Fort Collins
Engineering Department.
11. First Reading of Ordinance No. 099, 2017, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Blehm-Homestead
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 Blehm-Homestead enclave
annexation into the Urban Estate (UE), zone district and Residential Neighborhood Sign District.
12. Resolution 2017-066 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Newton First Annexation. (Adopted)
The purpose of this item is to initiate annexation proceedings for the Newton First Annexation. This is
a voluntary annexation. The applicants, Jim and Diana Newton, have submitted a written petition
requesting two sequential annexation tracts. Newton First Annexation is the first Resolution of this
series of sequential annexations, for a total of 1.4463 acres. Newton First Annexation is located at
1516 West Vine Drive just east of Lincoln Middle School. The requested zoning for this annexation is
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City of Fort Collins Page 501
Urban Estate (UE), which is in compliance with the City of Fort Collins Structure Plan and the
Northwest Subarea Plan.
13. Resolution 2017-067 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Newton Second Annexation. (Adopted)
The purpose of this item is to initiate annexation proceedings for the Newton Second Annexation.
This is a voluntary annexation. The applicants, Jim and Diana Newton, have submitted a written
petition requesting two sequential annexation tracts. Newton Second Annexation is the second and
last Resolution of this series of sequential annexations. Newton Second Annexation is located at
1516 West Vine Drive just east of Lincoln Middle School. The requested zoning for this annexation is
Urban Estate (UE), which is in compliance with the City of Fort Collins Structure Plan and the
Northwest Subarea Plan.
14. Resolution 2017-068 Approving the Assignment of the Purchase and Sale Agreement
Between the City and the Housing Authority of the City of Fort Collins for the Purchase of
1506 West Horsetooth Road, Fort Collins, Colorado, to Village on Horsetooth, LLLP.
(Adopted)
The purpose of this item is to consider a request from Fort Collins Housing Authority, dba Housing
Catalyst (Authority) to assign its interest in the Purchase and Sale Agreement for the purchase of
1506 West Horsetooth Road, to Village on Horsetooth, LLLP. On March 1, 2016, City Council
adopted Ordinance No. 025, 2016, authorizing the conveyance of the property to the Authority. The
Ordinance specifically authorized the sale to the Authority.
15. Resolution 2017-069 Authorizing the City Manager to Execute an Agreement between the City
of Fort Collins and New Belgium Brewing Company, Inc. Regarding Temporary Authorization
to Use a Portion of Pretreated Wastewater in Cooling Towers. (Adopted)
The purpose of this item is to consider an agreement to allow New Belgium Brewing Company, Inc.
(NBB) to use a portion of pretreated wastewater from its on-site water treatment plant to run through
cooling towers for a 12-month pilot period. NBB has requested permission to gather more data in
order to determine the feasibility of operating the system on a long-term basis. This pilot period also
allows Utilities an opportunity to evaluate this type of system for long term program development.
This system was also tested for a period of 30 days last year in October pursuant to a separate
agreement authorized under Resolution 2016-061. During that test period NBB and Utilities gathered
positive data and NBB would like the opportunity to fine tune the system. NBB agrees to abide by all
local and state regulation for the test period and the plan has been reviewed extensively by City staff.
16. Resolution 2017-071 Supporting the Grant Application for an Inspire Grant From the State
Board of Great Outdoors Colorado Trust Fund. (Adopted)
The purpose of this item is for Council to offer its support of an implementation grant application
submitted by the City for Great Outdoors Colorado (GOCO) Inspire Initiative, a funding opportunity
that focuses on connecting youth and their families to the outdoors in underserved
communities. GOCO requires a resolution by City Council supporting the implementation grant
application.
17. Resolution 2017-070 Approving Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming and Tourism Programming Accounts for the selected community and tourism events,
based upon the recommendations of the Cultural Resources Board.
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18. Resolution 2017-072 Appointing Arsineh Hecobian to the Air Quality Advisory Board of the
City of Fort Collins. (Adopted)
The purpose of this item is to appoint Arsineh Hecobian to fill a vacancy that currently exists on the
Air Quality Advisory Board due to the resignation of Robert Kirkpatrick. Arsineh Hecobian’s term is to
begin immediately and is set to expire on December 31, 2018.
END CONSENT
STAFF REPORTS
Jon Haukaas, Water Engineer and Field Services Manager, introduced Owen Randall, Chief
Engineer. Randall stated the Michigan Ditch project was completed October 27, 2016, and came
in under budget. He discussed the tunnel boring procedure and showed photos and a time-lapse
video of the process.
Mayor Pro Tem Horak asked why this project is important for Fort Collins citizens. Randall
replied the water from the Michigan Ditch is very valuable to the Water Utility and when the
water was not available, the Utility was unable to access about 90% of the water to which it was
entitled.
Councilmember Stephens asked why wood was used in the tunnel. Randall replied that
technology is tried, true, efficient, and much cheaper.
Councilmembers expressed their gratitude for work on the project.
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on a meeting with the Downtown Business Association
regarding New West Fest.
Mayor Pro Tem Horak reported on a meeting Police Services held with the City Park
neighborhood regarding a recent homicide. He briefly discussed I-25 projects and funding
options.
Councilmember Overbeck reported on a neighborhood meeting with the Buckingham
neighborhood regarding events at breweries.
DISCUSSION ITEMS
19. First Reading of Ordinance No. 100, 2017, Amending Portions of Chapter 17 of the Code of
the City of Fort Collins Regulating Trespass and the Obstruction of a Highway or
Passageway. (Adopted on First Reading)
The purpose of this item is to consider changes to Section 17-128 of the City Code regarding
obstructing a highway or passageway, including adding restrictions around obstructing public
fixtures. A minor change to Section 17-40(b) of the City Code (Trespass) is also included, which
adds lying or “otherwise occupying” to the already prohibited list of climbing, sitting or standing on or
in objects on public or private property not designed for such use, and adds planters to the list of
examples of such objects.
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City of Fort Collins Page 503
Jeff Mihelich, Deputy City Manager, stated staff has considered the obstruction ordinance as an
offshoot of public outreach regarding the appropriate use of public spaces ordinances. The
proposed modifications would prohibit the blocking and passage of public fixtures, including
pedestrian walk signals, benches, and water fountains. The minor amendment to the trespass
ordinance addresses flower beds.
Lynn Thompson, Fort Collins Homeless Coalition, disagreed that the proposed changes are too
minor for a public outreach process. She expressed concern the changes overly-broaden the
obstruction ordinance and stated the 20-foot distance is poorly related to the idea of creating
clear passage.
Debra James opposed the proposed changes as being discriminatory to homeless citizens.
Kelly Connor opposed the proposed changes stating they will harm more people than they will
help.
Andy Auer opposed the proposed changes.
Nevan Mandel opposed the proposed changes.
Nicholas Mouton stated the proposed changes should be subject to public comment.
Cheryl Distaso, Fort Collins Homeless Coalition, expressed concern regarding the proposed
changes.
Fran Levine opposed the proposed changes.
Katie Simota opposed the proposed changes.
Nancy York opposed the proposed changes and stated they may lead to illegal discrimination.
Councilmember Stephens asked how the 20-foot distance was determined. Mihelich replied the
20-foot obstruction from a business entrance has been part of the ordinance for many years and is
not a new provision. He discussed the likely reasons for the provision, such as allowing for
deliveries or mobility devices.
Councilmember Stephens asked if any progress on a day shelter has occurred. Mihelich replied
that idea is still being examined; however, there are many existing multi-purpose facilities such
as Catholic Charities and Murphy Center.
Councilmember Stephens asked if these changes are necessary if the 20-foot distance and
keeping off flower beds are already part of existing regulations. Mihelich replied the language in
the Code regarding flower beds relates to destruction of planter contents. These changes will
also prohibit causing damage to planters.
Councilmember Cunniff asked if some of the planters were designed for edge seating. Mihelich
replied in the affirmative.
Councilmember Cunniff asked if the proposed changes are necessary given some of the planters
are designed for seating. Mihelich replied these regulations would only be enforced in the
instance of inappropriate sitting or lying within the flower beds.
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Councilmember Martinez asked about the width of downtown sidewalks. Mihelich replied they
are 15 feet wide; however, there are many places throughout downtown, particularly on corners,
where not only the sidewalk is in the right-of-way.
Councilmember Martinez asked how many people responded to the questionnaire regarding the
appropriate use of public space ordinance. Mihelich replied there was a tremendous public
outreach effort, and as a result, Council clearly directed staff to forego exploring the appropriate
use of public space ordinance but rather to dig deeper and look at the obstruction ordinance.
Mihelich stated language clarification could be inserted prior to Second Reading regarding
planters designed for seating; however, he noted placement of belongings on flower beds is also
damaging.
City Attorney Daggett clarified the trespass provision makes clear that, to the extent there are
objects in the right-of-way on the sidewalk that are not intended to be sat or laid upon, that action
is not permitted. However, if there are planters or other types of objects designed and intended
to be sat upon, that is not prohibited. She noted the term “entrance” is defined as part of these
proposed changes.
Councilmember Overbeck requested a map showing the areas in the city to which the 20-foot
regulation would apply. He asked why these changes were not brought before boards and
commissions. Mihelich replied the public outreach regarding the topic of unwanted behaviors
and movement along the sidewalks was intense and boards and commissions weighed in heavily
at that time.
Councilmember Overbeck suggested lowering the 20-foot distance.
Councilmember Stephens asked about specific ADA requirements. Mihelich replied staff would
return with that information.
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 100, 2017.
Councilmember Cunniff noted this Ordinance is the direct result of Council direction and stated
sidewalks need to be available for their intended purpose. He expressed support for the
Ordinance as written.
Councilmember Overbeck made a motion, seconded by Councilmember Stephens, to amend the
motion to reduce the distance from 20 feet to 15 feet in the appropriate ordinance sections.
Councilmember Stephens agreed this was requested by Council; however, she stated she is more
comfortable with 15 feet.
City Attorney Daggett displayed the ordinance language with the distance change.
Councilmember Stephens supported this ordinance as a compromise.
Councilmember Martinez asked how enforcement of a 15-foot distance would occur. Kevin
Cronin, Assistant Police Chief, replied the primary concern is accessibility for all as well as the
use of Old Town. He stated events with alcohol could cause issues with a 15-foot distance.
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Councilmember Martinez stated people with disabilities should not be restricted in their
movement and supported the 20-foot distance as a necessity.
Councilmember Cunniff stated he supports the creation of a map, but stated Police feedback is
important and opposed the motion to reduce the distance at this time.
The vote on the motion to amend was as follows: Yeas: Overbeck and Stephens. Nays: Cunniff,
Horak and Martinez.
THE MOTION FAILED.
Councilmember Overbeck stated he will not support the Ordinance until he sees the map
identifying the community impact.
Councilmember Martinez stated he would support the motion.
Councilmember Stephens stated she would not support the motion as the entire 15-foot width of
the sidewalk should be plenty.
RESULT: ORDINANCE NO. 100, 2017, ADOPTED ON FIRST READING [3 TO 2]
MOVER: Ross Cunniff, District 5
SECONDER: Ray Martinez, District 2
AYES: Martinez, Cunniff, Horak
NAYS: Stephens, Overbeck
ABSENT: Summers, Troxell
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
20. First Reading of Ordinance No. 098, 2017, Annexing the Property Known as the Blehm-
Homestead Annexation to the City of Fort Collins, Colorado. (Adopted on First Reading)
The purpose of this item is to annex an enclave area of approximately 109 acres in southeast Fort
Collins. The Initiating Resolution was adopted on consent, June 6, 2017. The property is situated
between South Timberline and Ziegler Roads, and bisected by Kechter Road. The 28-parcel enclave
consists of the Blehm Subdivision, two abutting properties to the east of the Blehm Subdivision,
Homestead PUD, and one abutting property to the west of the Homestead PUD.
Kai Kleer, Planning Services, stated this annexation is approximately a 109-acre enclave
annexation in southeast Fort Collins between south Timberline and Ziegler. The recommended
zoning is Urban Estate based on the Structure Plan and Fossil Creek Reservoir Area Plan. The
annexation meets the 3-year eligibility requirements as outlined by Colorado Statutes and is
consistent with the policies contained within the intergovernmental agreements between the City
and Larimer County.
John Baum requested a reduction in stormwater fees after annexation until a property is modified
in such a way to significantly affect stormwater runoff. He stated the properties in his
neighborhood absorb water rather than contribute to runoff. He stated his second request is for
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City of Fort Collins Page 506
the Utilities Executive Director to reduce the fees should Council opt not to do so.
Brad Ardt stated the lots in the subdivision have a very low percentage of hardscape cover and
requested a reduction in stormwater fees.
James Ott requested a reduction in stormwater fees given most of each lot is pasture land which
will absorb stormwater rather than contribute to runoff.
Eric Sutherland commented on City Utility fees.
Jon Haukaas, Water Engineer and Field Operations Manager, stated staff considered this request
and determined the Code does recognize variability in lot sizes and these fees provide a
collective benefit for flood mitigation and other city-wide systems.
Councilmember Cunniff asked if PILOTs have been discussed with the other water and
sanitation districts. Haukaas replied it has not been part of the collaboration discussion to date
but he will look into the topic.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 098, 2017, on First Reading.
Mayor Pro Tem Horak noted the agenda materials state a $37 monthly fee while some of the
speakers indicated a higher dollar amount. Haukaas replied the agenda item summary included
that example to show some of the reductions and calculations for a 100,000-square foot, or 2.5
acre, lot. The amount is not only based on impervious surface but lot size as well.
RESULT: ORDINANCE NO. 098, 2017 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Bob Overbeck, District 1
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Cunniff, Horak
ABSENT: Summers, Troxell
OTHER BUSINESS
Mayor Pro Tem stated a possible Charter amendment would modify the jurisdiction of the
Municipal Court to eliminate the potential for civil claims, which would instead go to District
Court.
Councilmember Cunniff stated he would like to have additional public discussion and sub-
committee work on the topic prior to placing the Charter amendment on the ballot.
City Attorney Daggett stated the Charter places original jurisdiction over any matters arising
over the City Charter or Code with the Municipal Court. A land use decision made by Council
was recently appealed to the Municipal Court by parties-in-interest and the case is proving to be
somewhat difficult for the Court given alleged conflict of interest issues and the type of case.
This amendment would eliminate, in the future, continued use of the Municipal Court as the
means of challenging Council decisions or civil claims.
Councilmembers Martinez and Stephens supported moving forward with placing the item on a
Council agenda for consideration.
July 18, 2017
City of Fort Collins Page 507
Councilmember Overbeck asked if a public outreach process can occur. City Manager Atteberry
replied the timeline is limited; however, staff could have some outreach per Council direction.
Councilmember Cunniff noted this will not affect the trajectory of the current case and suggested
the item could be placed on the April ballot.
Mayor Pro Tem Horak suggested discussing the item at next week’s work session.
Consideration of a motion to amend the Call of Special Meeting for 6:00 p.m., Tuesday, August 8, 2017.
Councilmember Cunniff made a motion, seconded by Councilmember Stephens, pursuant to
Section 2-29a of the City Code, that the City Council add to the subjects to be discussed at the
Special Meeting of the Council called by motion of the Council on June 6, 2017 for 6:00 PM on
Tuesday, August 8, 2017, for the purpose of considering matters related to broadband and other
telecommunication services in Fort Collins and taking related actions on the following items:
Consideration of a resolution approving comments on the Northern Integrated Supply Project
(NISP) wildlife mitigation plan
Consideration on First Reading of an ordinance appropriating funds for the cost of the
November 7
th
Special Municipal Election
Consideration on First Reading of an ordinance appropriating funds for the construction of
the Gardens on Spring Creek
Consideration on First Reading of an ordinance setting a Charter amendment and related
ballot language to be presented to the voters at the November 7
th
special municipal election.
Councilmember Cunniff made a friendly amendment to eliminate the last item from the motion.
The friendly amendment was accepted by Councilmember Stephens.
Councilmember Cunniff stated he would like to receive public comment on the NISP item.
Mayor Pro Tem Horak stated boards which have previously weighed in on the topic will be
presented with information as soon as possible.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Cunniff, Horak
ABSENT: Summers, Troxell
ADJOURNMENT
Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to adjourn to
6:00 PM on Tuesday, July 25, 2017, for the purpose of conducting the mid-year evaluation of the
Municipal Judge and considering such matters as may come before the Council.
July 18, 2017
City of Fort Collins Page 508
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Cunniff, Horak
ABSENT: Summers, Troxell
The meeting adjourned at 8:29 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 509
July 25, 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, Summers, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
1. Executive Session Authorized.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to go into
executive session, as permitted under Section 2-31(a)(1) of the City Code and Colorado Revised
Statutes Section 24-6-402(4)(f)(I), for the purpose of conducting mid-year performance review
of the Municipal Judge.
RESULT: APPROVED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Summers, Troxell, Cunniff, Horak
OTHER BUSINESS
Councilmember Martinez discussed the request from the Citizens Review Board to increase the
number of its members to share the workload. A memo will be provided to provide additional
information about this request.
ADJOURNMENT
The meeting adjourned at 6:38 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk