HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/05/2017 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE AAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Delynn Coldiron, Interim City Clerk
SUBJECT
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.
EXECUTIVE SUMMARY
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.
ATTACHMENTS
1. August 8, 2017 (PDF)
2. August 15, 2017 (PDF)
3. August 22, 2017 (PDF)
City of Fort Collins Page 510
August 8, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 6:00 PM
PLEDGE OF ALLEGIANCE
CALL TO ORDER
ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann, Coldiron
AGENDA REVIEW
City Manager Atteberry recommended withdrawal of Item No. 5, First Reading of Ordinance
No. 104, 2017, Appropriating Unanticipated Revenue in the Capital Projects Fund and
Appropriating Prior Year Reserves in the General Fund for Transfer to the Capital Projects
Fund for Construction of the Final Five Acres of the Gardens on Spring Creek and Transferring
Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places
Program, to the August 15, 2017 agenda.
He announced City Clerk Winkelmann will be leaving to take the City Clerk position in Grand
Junction and stated Delynn Coldiron, the current Neighborhood Services Manager, will take the
interim position to be ratified by Resolution at the next Council meeting.
DISCUSSION ITEMS
1. Resolution 2017-073 Directing the City Manager to Submit to the Colorado Parks and Wildlife
Commission and Other Agencies the City's Comments on the Fish and Wildlife Mitigation and
Enhancement Plan for the Northern Integrated Supply Project and Directing Testimony
Regarding the Same. (Adopted)
The purpose of this item is to consider a resolution to adopt a set of draft comments regarding the
State of Colorado Fish and Wildlife Mitigation and Enhancement Plan (the Plan) for the Northern
Integrated Supply Project (NISP). As early as the turn of the 19th century, the Poudre River was
known as a “hard working” river. Now, well into the 21st century, pressures on the Poudre have
increased dramatically as the region thrives. In the early 1970s Fort Collins realized that the Poudre
had the potential to be more than an industrial zone. Since that time, Fort Collins has invested many
tens of millions of dollars in parks, natural areas, river restoration, flood mitigation, and a riverside
trail. Fort Collins owns about 70% of the floodplain within the city’s growth management area. The
Poudre River trail starts west of the City at the CPW Watson Lake facility and with the exception of a
short section yet to be completed near Timnath, runs to Greeley. Throughout the year visitors
throng the River, including boaters, tubers, hikers, bikers, and anglers. According to a 2012 CPW
report, the highest creel counts on the Poudre are in downtown Fort Collins not, as one might expect,
in the upper reaches of the wild and scenic section.
In short, the 10 miles of the Poudre corridor through Fort Collins have become a defining feature of
the community’s connection to the outdoors, its culture, and its sense of place.
August 8, 2017
City of Fort Collins Page 511
In 2015, Fort Collins City Council adopted a position regarding NISP in Resolution 2015-082. The
resolution states that NISP would be harmful to Fort Collins and states “City Council cannot support
NISP as it is currently described and proposed…”
In 2017, Fort Collins City Council adopted Resolution 2017-024 authorizing the City Manager and his
designees to meet on a regular basis with Northern Water to discuss and explore Fort Collins’
interests in order to ascertain whether those interests can be met pursuant to the terms of the
resolution. To date, while several amicable meetings have occurred, Fort Collins and Northern
Water have not reached any new understandings or agreements.
While staff’s draft comment letter implicitly assumes that NISP will be permitted and constructed by
recommending various changes to NISP and its operations, nothing in draft comment letter should
be interpreted to be a change of Fort Collins’ position regarding NISP.
While the Plan contains new, useful, and encouraging mitigation measures, staff continues to believe
that NISP will have damaging impacts to Fort Collins and is concerned that the Plan does not
sufficiently address a number of key concerns. In addition to describing a number of concerns, the
comment letter also describes numerous recommendations to address the concerns.
The major elements of the proposed comments on the Plan are:
Peak Flows
Water Quality
Mitigation, Restoration, Channel Improvements, and Conveyance
Adaptive Management and Long-term Monitoring
Uncertainties regarding agreements
Mitigation and Enhancement Costs
Big game habitat
John Stokes, Natural Areas Director, stated this is an action item intended to review staff’s
proposed comments on the State of Colorado’s fish and wildlife mitigation enhancement plan for
the Northern Integrated Supply Project (NISP). Stokes discussed the public outreach process
utilized and noted Council has two previously adopted Resolutions still in force regarding NISP.
Stokes stated the project is a water supply and storage project with 15 partners in the North Front
Range area. The project would involve the construction of Glade Reservoir north of Ted’s Place
and water would be delivered through the yet-to-be-constructed Douglas Road Pipeline and
partially in the Poudre River. Stokes stated a genuine effort is being made to address some of the
City’s concerns; however, further improvements are warranted.
Jennifer Shanahan, Natural Areas Department, discussed concerns related to peak flows and the
City’s recommendation that Northern Water take the current recommended peak flow program
within the mitigation plan and improve it to consist of a 3-day period during which no diversion
occurs. The second major theme involves the plan recommendations for working on the River
and concerns that the proposal does not match the project impacts. The City is recommending
restoration be increased, specifically of the River’s connection to the floodplain. The City is also
waiting for a quantitative analysis of water quality and is recommending the mitigation plan not
be adopted until the results of the water quality analysis are made public.
Shanahan stated the City is recommending an independent stakeholder group be created to
address adaptive management and monitoring.
Stokes stated a major element of the suggestions is that the total mitigation budget be increased
by about $18 million.
August 8, 2017
City of Fort Collins Page 512
Delores Williams discussed the need for a free-flowing river and stated water from a low-level
reservoir can be undrinkable.
Eric Sutherland questioned the binding effect of any adopted plans pursuant to federal approval.
He stated this appears to be a surrender tactic by the City.
Gary Wockner, Save the Poudre, stated his group has been addressing the threats of NISP for 14
years and opposed the proposed City comments. He stated NISP will pull about $1 billion worth
of water out of the Poudre and will undermine the River.
Sarah Pitts, League of Women Voters, stated the Poudre is the defining feature of the community
and stated it is not reasonable to rely on the mitigation plan proposals as Northern Water has
been vague about the source of funding.
Councilmember Summers requested some clarification regarding whether the Reservoir can only
be filled during years when runoff is excessive enough to divert. Stokes replied the primary
water right being used by NISP is a junior water right and therefore, there may be years where no
diversion can occur. A substantial portion of the water is not associated with the junior water
right and is water that is exchanged from other ditch systems.
Councilmember Summers asked if more regular flows would occur if the Reservoir is
constructed. Stokes replied the proposal is that some of the water diverted into Glade would be
released back to the River and allowed to run for about 12 river miles down to Lemay, then it
would be taken off the River, put in a pipe, and delivered to the east. A base flow would exist
for 8 or 9 months of the year.
Councilmember Summers questioned whether Council would change its opinion if Northern
Water agreed to all City recommendations.
Councilmember Overbeck discussed a letter from the Natural Resources Advisory Board which
suggests delaying the approval of the mitigation plan until water quality effects have been fully
described and Northern Water commits to a specific mitigation initiative. Stokes replied the staff
letter reflects that and includes a suggestion that Colorado Parks and Wildlife not endorse this
plan until the water quality information is available.
Councilmember Overbeck requested details regarding the escalation or inflation cost that will be
included. Stokes replied the Denver region CPI is typically used.
Councilmember Stephens thanked the speakers and asked if there are concerns related to
undrinkable water with this project. Shanahan stated algae has been discussed and the project
falls within the flushing flow and base flow categories. Jill Oropeza, Water Quality Services
Division Manager, stated the issue regarding warm water and algae is primarily a drinking water
concern and the City’s drinking sources will not be affected.
Councilmember Stephens asked what is binding and who would be enforcing requirements.
Stokes replied the City’s letter addresses uncertainties regarding agreements and the desire for
more certainties to be included. Eric Potyondy, City Water Attorney, replied these plans are
frequently included as part of the ultimate permit granted by the federal government, providing
the mechanism by which these plans become legally enforceable.
August 8, 2017
City of Fort Collins Page 513
Councilmember Summers asked who the independent oversight committee would include.
Stokes replied it could be composed of individuals from not only Northern Water and Colorado
Parks and Wildlife, but also scientists from CSU, the City of Fort Collins or other impacted
cities.
Councilmember Summers asked if Northern Water has been found to operate with integrity and
good intent. Stokes replied in the affirmative.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt
Resolution 2017-073.
Councilmember Summers stated the presentation to Colorado Fish and Wildlife will be critical
and must not simply be a list of demands. The City needs to show its commitment to being a
collaborative, productive partner.
Councilmember Cunniff expressed appreciation for the work that has gone into this; however, he
stated staff’s comments include too much “couching” language. He stated he does not want to
validate the State’s poor process.
Councilmember Stephens stated the City needs to express its concerns and issues.
Councilmember Martinez stated progress only comes through dialogue.
Mayor Troxell supported the Resolution and stated the letter recognizes impacts to Fort Collins
and addresses mitigation of those.
Councilmember Overbeck thanked the League of Women Voters for their work and efforts. He
stated he cannot support the Resolution given there are no certainties.
Mayor Pro Tem Horak stated the decision does not lie with the City; therefore, it makes sense to
send comments. He suggested some wording changes to make the staff comments firmer.
Councilmember Cunniff stated he is partly concerned about the language, but is also concerned
about the process.
Councilmember Stephens asked about the meeting occurring in Trinidad making it difficult for
community members to attend. Stokes replied meetings are scheduled around the state and this
one happened to be in Trinidad. He stated staff could ask the Commission if it would be willing
to meet in Fort Collins.
Councilmember Overbeck supported the inclusion of stronger language; however, he stated he is
still unlikely to support adoption of the Resolution.
RESULT: RESOLUTION 2017-073 ADOPTED [4 TO 3]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Troxell, Horak
NAYS: Summers, Overbeck, Cunniff
August 8, 2017
City of Fort Collins Page 514
2. Items Relating to a Proposed Charter Amendment to Add a New Section to Charter Article XII
Pertaining to Telecommunication Facilities and Services. (Adopted on First Reading)
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 101, 2017, Submitting to a Vote of the Registered Electors of the
City of Fort Collins a Proposed Amendment to Article XII of the City Charter to Add a New
Section 7 Pertaining to Telecommunication Facilities and Services.
The purpose of this item is to propose an amendment to Charter Article XII, Municipal Public Utilities.
The amendment would authorize the City Council to provide, by future ordinance,
telecommunications/broadband facilities and services as a public utility, to issue of up to $150 million
in bonds, the ability to go into executive session to discuss matters related to competition in the
telecommunications industry, and the option to establish governance of this public utility through a
board and/or to delegate rate-making authority to the City Manager. This measure does not mandate
that the City provide municipal retail broadband services, or that a third-party be the provider.
Any protest of the proposed ballot language must be received no later than Monday, August 7, 2017,
at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of
Ordinance No. 101, 2017. If protest(s) are received, copies will be included in Council’s “Read-
before” packet.
SeonAh Kendall, Economic Health Manager, discussed the strategic objectives broadband
service would address and detailed the history of the topic.
Jeff Mihelich, Deputy City Manager, stated there is clearly a positive economic impact for cities
with 1 gigabit service. Access to broadband will allow Fort Collins to retain talented employees
and increase competition among incumbent servers. Mihelich commented on the reliability and
redundancy of the 1 gigabit service over currently existing service. He stated this item would go
on the November ballot should Council choose to move forward, and if voters pass the item at
that time, additional Council steps, including funding, would occur. The beginning of service
date would be at some point in 2019 with full build-out in 2022.
Mike Beckstead, Chief Financial Officer, discussed the major decisions which are part of the
broadband timeline, specifically indicating a November approval automatically causes this to
move forward. He stated the draft ballot language asks for three things: add telecommunications
to the current light and power electric utility, or create a fifth separate utility, issue securities and
other debt in an amount not to exceed $150 million, and modify the governance to operate in a
commercial enterprise.
Beckstead discussed the allowed role of staff members between now and the November election.
Staff is recommending adoption of the Ordinance to place the item on the ballot.
City Manager Atteberry stated the process has been solid, with thorough public outreach.
Mayor Troxell noted this item has been protested; therefore, a hearing pursuant to City Code
Section 7-156 will occur.
Eric Sutherland, protestor, disagreed this process has been adequate and stated the proposed
charter and ballot language should have been available for public scrutiny two weeks before it
was actually published. He stated the ballot language is inconsistent with state law and the City
Charter.
August 8, 2017
City of Fort Collins Page 515
Councilmember Martinez expressed concern regarding the availability of the ballot language to
the public. He asked about the normal practice for such an issue. City Attorney Daggett replied
there is no normal practice from a legal standpoint for providing language in advance of the
agenda publication; however, drafts have been provided in recent years when there is a great deal
of anticipated public interest. In this case, there was a Council work session on July 11 and this
material was provided in that agenda with minor tweaks since.
Councilmember Martinez asked why the executive session expansion is included for this
particular project. City Attorney Daggett replied the executive session language included deals
with the self-contained set of provisions related to this particular service. City Manager
Atteberry noted the executive session proposed changes are tied specifically to broadband
business needs.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to deny the
protest.
Councilmember Cunniff stated he would support the motion and the executive session being part
of this change has been adequately explained.
Councilmember Martinez stated the executive session aspect should be separate and this practice
appears to be different than best practices have been used in the past.
Mayor Troxell stated he would support the motion and found the protest to be confusing.
Councilmember Martinez asked if the protest relates to the ballot language. Mayor Troxell
replied the spirit of the protest is the ballot language; however, the protestor’s comments related
more to how City elections are handled. City Attorney Daggett replied the protest is specifically
about the form of the ballot question and title.
Councilmember Martinez asked if the executive session language is part of what is being
protested. City Attorney Daggett replied the executive session language is part of what is being
proposed.
RESULT: MOTION TO DENY PROTEST ADOPTED [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak, Summers
NAYS: Martinez,
Bob Carnahan expressed concern about telecommunications services being provided by the City.
He opposed using City funds or City bonding capacity to enter a highly competitive private
industry.
Joe Rowan stated this process, though long, has not been honest. He stated the business plan has
yet to be fully vetted.
Glen Akins stated the financial aspects of this proposal work and the business pricing is
competitive.
August 8, 2017
City of Fort Collins Page 516
Sarah Hunt expressed concern regarding the cost of the proposal and stated there is not enough
information for voters to make an informed decision. She questioned privacy issues as well.
Adam Eggleston supported the Ordinance and being on the forefront of this technology.
Dan Rhodes stated broadband will change the architecture of Fort Collins and supported placing
the measure on the ballot.
Colin Garfield supported placing the measure on the ballot.
Eric Sutherland stated a broadband utility could still be created even if voters reject the measure.
He stated the City should have initiated this measure years ago.
Thomas Edwards supported a unanimous Council vote on placing the measure on the ballot.
Councilmember Overbeck requested staff comments on privacy and consumer protection.
Beckstead replied information was added to the business plan that details the commitment to
maintain privacy, not share data, and maintain net neutrality.
Councilmember Overbeck asked about buy-in from utilities staff. City Manager Atteberry
replied new staff would be required and he has not heard any negative comments from staff.
Councilmember Overbeck asked how equity and inclusion will be addressed. Beckstead stated a
low-income rate is being contemplated; however, specific equity and inclusion plans have not
been discussed.
Councilmember Martinez asked if Council will still need to approve future decisions should the
ballot measure be approved. City Attorney Daggett replied the Charter language gives Council
the power to take action in the future without further citizen vote and would authorize Council to
make decisions about the governance structure.
Councilmember Martinez asked when a low-income pricing model will be developed.
Beckstead replied that has yet to be done primarily because, while it is important for the
community, it will not have a material financial impact on the decision.
Kendall stated preliminary discussions have occurred with Poudre School District and the library
regarding a low-income rate tier.
Councilmember Martinez asked what percentage of Fort Collins residents currently have
broadband service. Kendall replied broadband, through the City’s definition, is 10 mbps and up,
and approximately 92% of households have that service.
Councilmember Martinez asked if an analysis of potentially filling a gap rather than creating an
entire new service has been considered. Beckstead replied filling the 8% market gap is not
something the City has considered.
Councilmember Martinez asked if broadband would be a separate utility enterprise. Beckstead
replied Council will make the choice to either place it in Light and Power or create a fifth utility.
The staff recommendation is to place it within Light and Power.
Councilmember Martinez asked if this could be eventually added to capital expansion fees.
Beckstead replied Light and Power has a plant improvement fee and there is a potential for a
August 8, 2017
City of Fort Collins Page 517
broadband public improvement fee that supports development into annexed areas; however, that
would be decided by Council. City Manager Atteberry stated that option has never been
discussed and is not foreseen. City Attorney Daggett stated the possibility of a fee would depend
on what infrastructure is being addressed through said fee. Any fee would be subject to a
Council decision.
Councilmember Martinez asked if there is an additional connection cost for individuals wishing
to receive a City broadband service. Beckstead replied he believes the connection fee is included
in the cost of service for residential customers.
Councilmember Martinez asked if prices would eventually increase for customers. Beckstead
replied there will likely be some inflation in pricing as costs begin to change over time.
Councilmember Martinez asked if existing fiber can be utilized. City Manager Atteberry replied
that is possible to some extent; however, that will not solve all issues.
Councilmember Martinez asked how Chattanooga is measuring the success of its broadband
utility. Coleman King, Chattanooga, Tennessee utilities, replied success is being measured by
the projected take rate being exceeded, telecommunications debt being totally paid off, positive
community impact, and the savings and electric reliability for the electric system.
Councilmember Martinez asked if Chattanooga looked at partnerships with other providers.
King replied in the affirmative and stated a third-party partnership was risky given the customer
experience cannot be controlled.
Councilmember Overbeck asked where King began in the process in Chattanooga. King replied
he started with the financial modeling, followed by network design and technology selection,
managing implementation of the technology, and running the video platform.
Councilmember Overbeck asked how far along the build-out is in Chattanooga. King replied
build out was completed in 2.5 years.
Mayor Troxell asked how Chattanooga has addressed security and privacy concerns. King
replied privacy is considered of utmost importance and data is not sold.
Mayor Troxell requested input regarding technology obsolescence. King replied upgrades are
made to the end components rather than to the fiber network itself.
Councilmember Summers asked if the financial aspects will make the $150 million debt payable
in 15 years. Beckstead replied the math works based on the operating income, principal and
interest payments, and the cash flow model.
Councilmember Summers stated clarity provides credibility and suggested the public would be
better served by having a specific plan to consider at the polls.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 101, 2017, on First Reading.
Councilmember Martinez asked about Li-Fi. King replied Li-Fi is Wi-Fi using light and is
geared toward LEDs. It is a new service, but not a symmetrical type service; therefore the take
rate is probably questionable.
August 8, 2017
City of Fort Collins Page 518
Councilmember Cunniff asked if Li-Fi works through buildings and other obstructions. King
replied in the negative.
Councilmember Martinez asked about Comcast offering a $70 rate. Beckstead replied
competitive pricing is an evolving target.
Councilmember Martinez noted Chattanooga got $100 million from the federal government.
Beckstead replied their total cost was $330 million with $110 million from federal grants. Most
of that $110 million went toward installing automatic interrupters into their light and power
system to improve reliability.
Councilmember Cunniff discussed the importance of good public outreach given there are
several questions remaining. He stated city-style infrastructure is needed, which entails fiber
optic connections. He supported the motion and requested the support of citizens.
Mayor Pro Tem Horak supported placing the measure on the ballot.
Councilmember Stephens supported placing the measure on the ballot and discussed the
applications for broadband.
Councilmember Overbeck commended the rigorous, honest process and stated he would support
the motion.
Councilmember Martinez stated citizens have the right to vote on issues; however, he stated he
may not support the Ordinance on First Reading as he has remaining questions. He questioned
spending $150 million for a 28% take rate and expressed concern that threats outweigh
opportunities.
Councilmember Summers supported engaging the community and moving forward with the
technology; however, he questioned the business plan and its execution.
Mayor Troxell thanked the speakers and discussed the history of the utilities in Fort Collins. He
stated this is a natural progression and a ubiquitous utility which is an important piece of the
community’s future.
Mayor Pro Tem Horak stated this is not necessarily the last time citizens will vote on this item.
Councilmember Martinez stated that take makes the issue more palatable.
Councilmember Summers disagreed and stated it makes things more confusing.
RESULT: ORDINANCE NO. 101, 2017 ADOPTED ON FIRST READING [5 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak
NAYS: Martinez, Summers
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
August 8, 2017
City of Fort Collins Page 519
3. Items Relating to a Proposed Charter Amendment Regarding Municipal Court Functions.
(Postponed Indefinitely)
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 102, 2017, Submitting to a Vote of the Electors of the City of Fort
Collins a Proposed Amendment to Section 1 of Article VII of the City Charter Pertaining to the
Jurisdiction of the Municipal Court to Hear Civil Cases.
This item sets a ballot question that would modify the jurisdiction of Municipal Court to eliminate the
Municipal Court’s jurisdiction over civil cases while retaining the Court’s jurisdiction to hear and try all
proceedings initiated by the City alleging violations of the Charter and ordinances of the City. The
Ordinance submits the question to Fort Collins voters at the November 7, 2017, Special Municipal
Election. The Charter Amendment has been proposed in order to prevent future appeals to
Municipal Court of civil actions that are more appropriately heard in Larimer County District Court
and that the Municipal Court is not well situated to hear.
Any protest of the proposed ballot language must be received no later than Monday, August 7, 2017,
at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of
Ordinance No. 102, 2017. If protest(s) are received, copies will be included in Council’s “Read-
before” packet.
Mayor Troxell stated this item involves a protest.
City Attorney Daggett stated Home Rule municipalities have the authority to create Municipal
Courts and define their jurisdiction. The kinds of civil actions not involving charter or ordinance
violations can currently be filed in Municipal Court; however, those have routinely been filed in
District Court. Recently a land use decision appealed to Council was filed in Municipal Court.
Municipal Court Judge Kathleen Lane stated the Court’s procedures and staffing are set up to
deal with the types of cases it has traditionally seen: violations of the City Code, Traffic Code,
and other codes. When this recent civil action was filed, she made the determination to assign
the case to temporary Judge Teresa Ablao. The plaintiffs in the case filed a motion to disqualify
Judge Ablao which was granted based on the potential appearance of a conflict. At that point,
the Judge in Loveland was asked to take the case based on an intergovernmental agreement.
Because of these difficulties, staff is proposing a change to the Charter to restrict the jurisdiction
of the Municipal Court to its typical cases.
City Attorney Daggett noted Larimer County District Court has jurisdiction to review actions
and decisions of the City. Municipal Court cases can be appealed to the District Court; however,
the addition of that layer does delay a case reaching a true appellate court by potentially several
months. She discussed the public outreach process.
Eric Sutherland stated this change would place Fort Collins in the same position as statutory
cities in Colorado, and if that is the goal, Article 7 should be eliminated entirely.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to deny the
protest.
August 8, 2017
City of Fort Collins Page 520
RESULT: MOTION TO DENY PROTEST ADOPTED [7-0]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak, Summers, Martinez
Rick Hoffman questioned why this change is being rushed forward and stated this amendment
will take away citizens’ rights to take grievances to Municipal Court.
Kathryn Dubiel stated the Charter change does not address the underlying concerns related to
conflicts of interest, staffing, expertise and budgeting. She stated there should not be a
difference between citizen plaintiffs and the City as a plaintiff and disagreed the public outreach
process was adequate.
Paul Patterson opposed the Charter change and stated it will take away citizens’ rights to take
grievances to Municipal Court. He disagreed the public outreach process was adequate.
Eric Sutherland stated there is no concurrent jurisdiction for cases where an allegation of abuse
of discretion by Council is concerned.
Thomas Edwards supported placing the measure on the ballot to allow citizens to have a voice.
Coleen Hoffman questioned the urgency of this item.
Councilmember Cunniff asked how the public outreach arenas were determined. City Manager
Atteberry replied he would need to return with that information.
Councilmember Cunniff expressed concern regarding the urgency of this item and opposed the
public outreach process.
City Attorney Daggett stated staff did discuss the issue with Broomfield, Denver, Aurora, and
several other jurisdictions. Few descriptive responses were received as these jurisdictions are not
facing these types of cases being filed in their courts.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone
Ordinance No. 102, 2017 indefinitely.
Councilmember Stephens agreed the process was rushed and stated citizens need to better
understand why they are voting.
Councilmember Overbeck stated a more thorough public process should have occurred.
RESULT: ORDINANCE NO. 102, 2017, POSTPONED INDEFINITELY [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
August 8, 2017
City of Fort Collins Page 521
4. First Reading of Ordinance No. 103, 2017, Appropriating Prior Year Reserves in the General
Fund for the Conduct of a Special Election on November 7, 2017, that was not included in the
2017 Adopted City Budget. (Adopted on First Reading)
The purpose of this item is to appropriate $150,000 from prior year reserves for the conduct of the
November 7, 2017, Special Election. This is an estimated amount based on prior participation in
coordinated elections. Final costs will be determined by the number of eligible Fort Collins voters,
and the number of entities participating/sharing in the cost of the election.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 103, 2017, on First Reading.
RESULT: ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
5. First Reading of Ordinance No. 104, 2017, Appropriating Unanticipated Revenue in the Capital
Projects Fund and Appropriating Prior Year Reserves in the General Fund for Transfer to the
Capital Projects Fund for Construction of the Final Five Acres of the Gardens on Spring
Creek and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art
in Public Places Program. (Withdrawn)
The purpose of this item is to appropriate $2,631,000 for construction of the Gardens on Spring
Creek facility including the Great Lawn, Undaunted Garden, Foothills and Prairie Gardens. This item
also appropriates the funds needed for the Arts in Public Places artwork that is part of the capital
project.
RESULT: WITHDRAWN
6. First 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. (Withdrawn)
The purpose of this item is to consider 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.
Mayor Troxell stated this item has been postponed to August 15, 2017 given the late hour.
RESULT: WITHDRAWN
August 8, 2017
City of Fort Collins Page 522
ADJOURNMENT
The meeting adjourned at 10:06 PM.
______________________________
Mayor
ATTEST:
________________________________
Chief Deputy City Clerk
City of Fort Collins Page 523
August 15, 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, Coldiron, Knoll
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated the agenda has been amended to reflect the withdrawal of Item
16, 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, and Item 25, First
Reading of Ordinance No. 020, 2017, Authorizing the Conveyance of a Portion of City-Owned
Property at Running Deer Natural Area to Big Foot Properties, LLC.
CITIZEN PARTICIPATION
Eric Sutherland requested clarification regarding the Senior Center lease and discussed the poor
performance of the Vine and Lemay intersection, stating the City’s financial priorities are
skewed.
Kathryn Dubiel discussed Item No. 19, Resolution 2017-077 Approving Revised Costs and Fees
for Fort Collins Municipal Court. She stated the Municipal Court filing fee is egregious and
should be consistent with other municipalities.
CITIZEN PARTICIPATION FOLLOW-UP
City Manager Atteberry stated the financial transaction for the parking structure and the
public/private partnership with the Elizabeth Hotel closed Tuesday, August 7, and related
documents are public.
Mayor Troxell requested input regarding the Municipal Court filing fee. City Attorney Daggett
replied the costs that are the basis for the fee relate to administrative costs and were not intended
to cover Court operations or the Judge’s time.
Mayor Troxell stated the Vine and Lemay intersection is a priority for the community.
CONSENT CALENDAR
Mayor Pro Tem Horak withdrew Item No. 9, Second 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, from the Consent Agenda.
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Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
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 July 5 and July 18, 2017 Regular Council
Meetings, the June 27, 2017 Special Council Meeting and the July 25, 2017 Adjourned Council
Meeting. (Adopted)
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.
2. Second Reading of Ordinance No. 088, 2017, Amending the Land Use Code Sign
Regulations. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 5, 2017, updates the Land Use Code
(LUC) sign regulations with content neutral standards. The Ordinance has two changes from First
Reading to correct an omission in a table and the definition of feather flag. In Section 3.8.7.2 Table
G2 (page 29 of the Ordinance) did not include the duration of time a feather flag could be
displayed. The table was corrected and now includes the display time. The definition of feather flag
included an extra word that has been deleted (page 34 of the Ordinance).
3. Second 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)
This Ordinance, unanimously adopted on First Reading on July 18, 2017, appropriates 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.
4. Second 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)
This Ordinance, unanimously adopted on First Reading on July 18, 2017, amends 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 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.
5. Second 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)
This Ordinance, unanimously adopted on First Reading on July 18, 2017, amends City Code to allow
for immediate ticketing for parking on yards during Colorado State University (CSU) game days and
major stadium events.
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6. Second 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)
This Ordinance, unanimously adopted on First Reading on July 18, 2017, calls 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.
7. Second 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)
This Ordinance, unanimously adopted on First Reading on July 18, 2017, vacates 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.
8. Second Reading of Ordinance No. 103, 2017, Appropriating Prior Year Reserves in the
General Fund for the Conduct of a Special Election on November 7, 2017, that was not
included in the 2017 Adopted City Budget. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 8, 2017, appropriates $150,000
from prior year reserves for the conduct of the November 7, 2017, Special Election. This is an
estimated amount based on prior participation in coordinated elections. Final costs will be
determined by the number of eligible Fort Collins voters, and the number of entities
participating/sharing in the cost of the election.
9. Items Relating to the Vida Sana Program. (Adopted)
A. Resolution 2017-047 Authorizing the City Manager to Execute a Grant Agreement with the
Poudre Valley Health Systems Foundation for Delivery of Vida Sana Project Programming.
B. First Reading of Ordinance No. 106, 2017, Appropriating Unanticipated Grant Revenue in the
Recreation Fund for the Vida Sana Program.
The purpose of this item is to approve the Vida Sana subgrant agreement and appropriate subgrant
funds in the amount of $18,451 from the Colorado Department of Public Health and Environment,
through the Poudre Valley Health Systems' (PVHS) 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 (NACC)
exercise programs.
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10. First 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)
The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within
Community Development and Neighborhood Services (CDNS). A grant in the amount of $67,612
has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for
the continued operation of Restorative Justice Services, which includes the RESTORE program for
shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other
offenses. 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.
11. 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. Resolution 2017-075 Rescinding Resolution 2017-042 and Approving Revised Allocations to the
Programs and Projects that Will Receive Funds from the Federal Community Development
Block Grant Program, HOME Investment Partnerships Program, the City’s Affordable Housing
Fund, and the City’s Human Services Program.
B. First Reading of Ordinance No. 109, 2017, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund.
C. First Reading of Ordinance No. 110, 2017, Appropriating Unanticipated Revenue in the HOME
Investment Partnerships Fund.
The purpose of this item is to 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. Resolution 2017-075 rescinds the resolution passed by the City Council in
May 2017 to allocate funding and completes the final distribution of funding to the 2017 Spring Cycle
of the Competitive Process for allocating $1,174,289 in City financial resources to human service
programs, affordable housing projects and the administration of the CDBG and HOME programs for
the fiscal year that begins October 1, 2017. Ordinance No. 109, 2017, appropriates the increase in
allocations to the FY2017 CDBG from HUD and Ordinance No. 110, 2017 appropriates the increase
in allocations to the FY2017 HOME Participating Jurisdiction (PJ) Grant from HUD.
12. Items Relating to the Interstate Land Holdings Annexation to the City of Fort Collins.
(Adopted)
A. Resolution 2017-076 Setting Forth Findings of Fact and Determinations Regarding the Interstate
Land Holdings Annexation.
B. First Reading of Ordinance No. 111, 2017, Annexing the Property Known as the Interstate Land
Holdings Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex 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. The
Initiating Resolution was adopted on consent, July 5, 2017.
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13. First 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.
The purpose of this item is to zone the properties included in the Interstate Land Holdings annexation
into the General Commercial (CG) and Public Open Lands (POL) zone districts.
14. 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.
15. First 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)
The purpose of this item is to repeal 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.
16. First 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)
The purpose of this item is to set out the duties of the Municipal Judges as referenced in Article VII,
Section 1, of the City Charter.
17. Resolution 2017-077 Approving Revised Costs and Fees for Fort Collins Municipal Court.
(Adopted)
The purpose of this item is to add two new fees to the approved costs and fees for cases in Fort
Collins Municipal Court: a $65 Sealed Records Fee and a $300 Civil Case Filing Fee.
The Sealed Records Fee is mentioned in the state legislature’s House Bill 17-1208 which takes
effect on September 1, 2017. That law makes clarifications to the criminal justice records sealing
process including allowing Municipal Court defendants whose non-traffic misdemeanor case is
completely dismissed or of which they are fully acquitted to request that their records be sealed. The
change allows sealing to be ordered directly by the Municipal Court in those cases without requiring
such defendants to file a separate action in District Court as was required in the past. As for state
court defendants, the law provides that Municipal Court defendants must pay a $65 fee “to cover the
actual costs related to the sealing of the criminal justice records, which may be waived by the Court
upon a determination of indigency.” See C.R.S. Section 24-72-702.5(2). Note: This change does not
impact the current process authorized by City Code in which underage possession cases are sealed
automatically after dismissal without a request from the defendant or payment of a fee.
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The Civil Case Filing Fee is needed to offset at least a portion of the administrative expense to the
Court of civil cases being filed by members of the public. The amount of the proposed fee, $300, is
based on the cost of approximately 10 hours of Court Administrator time. This is a very conservative
estimate of the time needed to administer such a case and does not include the judicial expense
involved. For comparison, the Colorado state District Courts currently charge a $224 filing fee to
Plaintiffs in civil actions, including Rule 106 (Colorado Rules of Civil Procedure) actions.
A final minor change proposed to the list of costs and fees is to revise the description of the Active
Condition Fee to clarify that it does not apply to restitution payment conditions.
The background information included in this Agenda Item Summary has also been updated to
indicate that Petitions for Indigence requesting waiver of costs are now accepted by the Court on all
cases, not just misdemeanor cases. This change has already been implemented.
18. Resolution 2017-078 Authorizing the Mayor to Execute an Intergovernmental Agreement
Between the City of Fort Collins and Larimer County for the Construction of the Long View
Trail Between Fort Collins and Loveland. (Adopted)
The purpose of this item is to request Council approval for an intergovernmental agreement (IGA)
between Fort Collins and Larimer County for the construction of the Long View Trail between Fort
Collins and Loveland.
19. Resolution 2017-080 Approving the Appointment of Delynn Coldiron as Interim City Clerk
Effective as of the Date and Time of City Clerk Wanda Winkelmann's Resignation. (Adopted)
The purpose of this item is to appoint Delynn Coldiron as Interim City Clerk, following the resignation
of City Clerk Wanda Winkelmann.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Councilmember Overbeck congratulated Delynn Coldiron on her appointment as the Interim
City Clerk.
COUNCILMEMBER REPORTS
Councilmember Cunniff reported on the Capital Improvement Expansion Fee working group’s
inaugural meeting.
Councilmember Overbeck reported on his periodic review meeting with the Parking Advisory
Board and stated the Board is seeking a more diverse membership. He congratulated the
Downtown Business Association for a successful New West Fest. He reported on a CSU
stadium and campus tour, Neighborhood Night Out, the Innovate Fort Collins event, and District
1 parks as well as provided an update on the Poudre Heritage Alliance.
Councilmember Stephens thanked the Mayor, League of Women Voters, and Women’s
Commission members for the Women’s Equality Day proclamation. She commended
Neighborhood Night Out participants.
Mayor Pro Tem Horak reported that he and Jennifer Shanahan, Natural Areas, testified before
the Colorado Parks and Wildlife Commission regarding the NISP mitigation plan and the City’s
related comments. He reported on the Avery Park grand re-opening.
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Councilmember Martinez reported on the Avery Park re-opening, the CSU stadium community
open house, the volunteer appreciation event, Project Smile event, and the Spring Creek flood
memorial event. He received one call regarding handicap parking spaces being taken away at
New West Fest but noted the problem was quickly resolved by staff.
Mayor Troxell discussed the Spring Creek flood memorial event.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
20. Second 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 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(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on July 18, 2017, zones the property
included in the Blehm-Homestead enclave annexation into the Urban Estate (UE), zone district and
Residential Neighborhood Sign District.
City Attorney Daggett outlined the procedure for the hearing of this item.
Ted Shepard, Chief Planner, stated these parcels are recommended for Urban Estate zoning
which complies with the Structure Plan map.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 099, 2017, on Second Reading.
RESULT: ORDINANCE NO. 099, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
21. Second Reading of Ordinance No. 098, 2017, Annexing the Property Known as the Blehm-
Homestead Annexation to the City of Fort Collins, Colorado. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on July 18, 2017, annexes an enclave area
of approximately 109 acres in southeast Fort Collins. 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.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to reconsider Item
No. 8, Second Reading of Ordinance No. 098, 2017. Yeas: Troxell, Summers, Overbeck,
Stephens, Cunniff, Martinez and Horak. Nays: none.
THE MOTION CARRIED.
John Baum opposed the proposed stormwater fees for the Blehm Annexation area. He
questioned what benefit he will receive from paying such fees.
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Brad Arzt opposed the proposed stormwater fees for the Blehm Annexation area.
Chris Hagerty stated he was told the stormwater fee could be waived and opposed the proposed
fees given the low amount of impervious area on the lots.
James Ott opposed the proposed stormwater fees for the Blehm Annexation area.
Mayor Troxell requested input regarding stormwater fee calculation. Kevin Gertig, Utilities
Director, replied many of the lots in the annexation area are 300,000 square feet and larger with
little impervious area; therefore, per the City Code, there is a 72% discount on the stormwater
fees.
Councilmember Cunniff asked about the minimum lot size for Urban Estate. Ted Shepard, Chief
City Planner, replied the minimum lot size is 1/2 acre, or a cluster development plan not
exceeding an overall gross of two units per acre is also allowed.
Councilmember Cunniff asked if there is the potential for a ten-acre lot to eventually be
developed into 20 single-family homes. Shepard replied in the affirmative and stated each new
individual smaller lot would be subject to the full range of City utility fees.
Councilmember Cunniff noted the fees not only address the kind of events a pervious surface can
mitigate; they exist in part to reduce the damage caused by significantly larger events.
Councilmember Summers asked about the stormwater fees these properties have paid to the
County. Shepard replied he is unsure if the County charges a stormwater fee and stated nothing
occurs in terms of improvements through the City until a redevelopment transpires.
Councilmember Martinez stated the property owners have indicated they do not pay a
stormwater fee to the County and asked if that is true countywide. Shepard replied stormwater
fees may be paid for large capital projects in certain basins.
Councilmember Martinez asked what the properties will gain by paying the City stormwater
fees. Gertig replied the same stormwater design and methods for the entire city will be
incorporated into the annexed area as it is redeveloped. He discussed systemwide improvements
that benefit the city and county.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 098, 2017, on Second Reading.
Councilmember Summers suggested adjusting the stormwater discount for the affected
properties to 90%.
City Attorney Daggett made a suggestion related to phasing the stormwater fees if that is
Council’s desire.
Mayor Pro Tem Horak suggested addressing the Ordinance as is without changing the policy and
fee on-the-fly.
Councilmember Summers stated the property owners should not have to pay a fee higher than
that of a single-family house, particularly given the large portion of pervious land.
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Mayor Troxell supported a deliberate examination of fees and annexation policies.
RESULT: ORDINANCE NO. 098, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
DISCUSSION ITEMS
22. Items Relating to the Gardens on Spring Creek. (Adopted on First Reading)
A. First Reading of the Ordinance No. 118, 2017, Modifying Ordinance No. 074, 2016, Which Modified
the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to the
Centre for Advanced Technology 22nd Filing, Community Horticulture Center, #MJA 150006
Pertaining to the Gardens on Spring Creek to Remove Two Conditions, Specifically the West Sound
Wall and Central Override Component of the Sound System.
B. First Reading of Ordinance No. 104, 2017, Appropriating Unanticipated Revenue in the Capital
Projects Fund and Appropriating Prior Year Reserves in the General Fund for Transfer to the Capital
Projects Fund for Construction of the Final Five Acres of the Gardens on Spring Creek and
Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places
Program.
The purpose of this item is modify the approved plan for the expansion of the Gardens on Spring
Creek by removing the western sound wall and central override sound system; and to appropriate
$2,431,000 for construction of the Gardens on Spring Creek facility including the Great Lawn,
Undaunted Garden, Foothills and Prairie Gardens. This item also appropriates the funds needed for
the Arts in Public Places artwork that is part of the capital project.
Michelle Provaznik, Gardens on Spring Creek Manager, discussed the history of and funding
sources for the Gardens, which opened in 2004. The actual gardens on the property have been
funded through fundraising efforts since that time. This item is part of the Cultivating
Community Capital campaign to build five acres of new gardens, which will complete the master
plan and build the great lawn and stage and other garden spaces. Provaznik discussed the
proposed removal of the west sound wall and permanent sound monitoring system and stated the
Gardens are seeking $400,000 from the City to complete the necessary funding.
Barbara Albert expressed concerns related to noise and stated neighbors are not opposed to the
sound wall.
Korey Albert objected to the Ordinance language and stated the noise levels will be out of
compliance with the sound code. He suggested escrowing funds for the wall and sound
mitigation system now.
Dick Thomas expressed concern related to noise.
Kevin Barrier stated the central override system and west sound wall were key components of
the Planning and Zoning Board’s approval of the project and stated the project must go back
before the Board if those key components are removed.
Randy Morgan supported the project and stated donations for the project are hinging on this
approval by Council.
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Dulcie Willis, Friends of the Gardens on Spring Creek, supported the project and stated it will be
a cultural gathering place.
Jesse Eastman, Friends of the Gardens on Spring Creek, supported the project.
Councilmember Cunniff asked if a private developer who had changed their project would need
to go back through the process or be able appeal to Council. City Attorney Daggett replied a
private developer would go back through the process, though it may be a slightly different
process. She stated this item is before Council as a proposed modification of the Ordinance
Council adopted in 2016 under its legislative authority.
Councilmember Cunniff requested a more detailed explanation of the proposed operational
changes that render the sound wall unnecessary. Provaznik replied the decibels coming off the
stage will be decreased and sound engineers will be required to keep the decibels at certain levels
which will keep it within the sound ordinance at the receiving lines of the property.
Councilmember Cunniff asked how much money the removal of the active monitoring system
will save. Provaznik replied it is a $50,000-$60,000 savings.
Councilmember Cunniff asked how this expenditure would affect reserve balances. Mike
Beckstead, Chief Financial Officer, replied there were $4 million in unassigned, available
General Fund reserves at the end of 2016, which would be the source of this funding.
City Manager Atteberry stated the only way he was comfortable recommending approval of this
item was for the operations to be within the limits of the sound code; should that prove to be an
issue during the first year of operation, additional sound mitigation will be discussed.
Councilmember Overbeck asked if any emails or other correspondence was received. Provaznik
replied one email has been received.
Councilmember Overbeck asked how sound monitoring will occur. City Manager Atteberry
assured Council limits will be met and code enforcement will not be necessary.
Mayor Pro Tem Horak suggested making a sound monitoring app available for neighbors and
stated additional information regarding the plan for potential consequences of sound code
violations be outlined prior to Second Reading.
Councilmember Stephens asked how the Denver Botanic Gardens and others conduct sound
control. Provaznik replied sound at the Botanic Gardens is tracked with hand-held monitors and
the sound engineer’s board also indicates decibel levels. She stated annual neighborhood
meetings are planned.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 118, 2017, on First Reading.
Mayor Pro Tem Horak expressed concern the Agenda Item Summary provided an inaccurate
portrayal of the funding issues.
Councilmember Cunniff stated the impression of the City having a privileged development role
exists and he expressed concern related to the process. He stated he will not support the motion
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on First Reading but would reconsider if there is a guarantee that the sound code will be met
without neighbors having to police the sounds.
Councilmember Stephens thanked the neighbors and stated lowering the volume may be a better
solution than the wall.
Councilmember Martinez stated he would support the motion and supported citizens being able
to see decibel levels in real time.
Councilmember Overbeck expressed concern about the notification process.
Mayor Troxell stated he would support the motion.
Mayor Pro Tem Horak suggested an amendment to move Second Reading to September 19.
Councilmember Martinez accepted the amendment as friendly.
Councilmember Overbeck asked how the neighborhood will be engaged prior to Second
Reading. City Manager Atteberry replied he will develop a strategy for that engagement and
return to Council with a plan.
RESULT: ORDINANCE NO. 118, 2017, ADOPTED ON FIRST READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
NAYS: Cunniff
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 104, 2017, on First Reading, with Second Reading on September 19.
Councilmember Stephens thanked those involved with the Gardens and stated it will be a great
project for the community.
Councilmember Cunniff expressed concern related to the public process.
Councilmember Martinez commended the project and thanked the donors.
Mayor Troxell stated this is a great project for the community and thanked those who have been
involved in the process and project.
RESULT: ORDINANCE NO. 104, 2017, ADOPTED ON FIRST READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
NAYS: Cunniff
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
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23. Second Reading of Ordinance No. 101, 2017, Submitting to a Vote of the Registered Electors
of the City of Fort Collins a Proposed Amendment to Article XII of the City Charter to Add a
New Section 7 Pertaining to Telecommunication Facilities and Services. (Adopted as
Amended on Second Reading)
This Ordinance, adopted on First Reading on August 8, 2017 by a vote of 5-2 (Nays: Martinez,
Summers), submits to Fort Collins electors a proposed amendment to Charter Article XII, Municipal
Public Utilities. The amendment would authorize the City Council to provide, by future ordinance,
telecommunications/broadband facilities and services as a public utility, to issue of up to $150 million
in bonds, the ability to go into executive session to discuss matters related to competition in the
telecommunications industry, and the option to establish governance of this public utility through a
board and/or to delegate rate-making authority to the City Manager. This measure does not mandate
that the City provide municipal retail broadband services, or that a third-party be the provider.
Eric Sutherland questioned voters’ expectations regarding the repayment of debt incurred to fund
the broadband project. He stated the City is not being transparent or sincere in this process.
Rich Stave questioned several aspects of the calculations and funding and opposed an Executive
Session on the topic.
Sidna Rachid thanked the City and Council for this proposal.
Ann Hutchison, Fort Collins Chamber of Commerce, stated the City does not fully understand
the opportunities and challenges it is giving up by dedicating this much of the Utility bonding
capacity to a single project. She suggested Council take more time and hold a special election in
April rather than placing this on the November ballot.
Councilmember Martinez asked about fee escalation. Mike Beckstead, Chief Financial Officer,
replied there is an escalation factor and a built-in revenue increase of about 3% per year to cover
the cost of inflation.
Councilmember Martinez asked about an affordable tier rate. Beckstead replied that rate has yet
to be calculated; however, the business plan makes a commitment to create such a rate.
Councilmember Martinez asked if broadband will be a joint enterprise or its own utility.
Beckstead replied the ballot language modifies the current light and power enterprise structure to
allow the City to do telecommunications inside of one of the existing light and power enterprises.
It also gives Council the option to create a fifth utility either now or in the future.
Councilmember Martinez asked if weekend service will fit into the current budget. Beckstead
replied in the affirmative.
Councilmember Martinez asked how many individuals responded to the online survey. Ginny
Sawyer, Policy and Project Manager, replied the online survey attempted to duplicate the
statistically valid survey of approximately 400 individuals. The online version garnered between
700 and 800 responses.
Councilmember Martinez asked why fiber is less expensive to maintain than copper. Beckstead
replied fiber requires less energy to push the information between equipment ports; therefore,
there is a lower energy cost to run the system.
Councilmember Martinez asked if the proposed broadband service will be shared or dedicated to
each residence. Brad Ward, consultant, replied it is a combination of the two; in general, it is
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City of Fort Collins Page 535
private, dedicated service with some shared aspects of the overall technology in the network.
Beckstead replied each premise will have a fiber connection from a node to that residence.
Councilmember Martinez asked if the City would be liable for any type of cyberattack. City
Attorney Daggett replied that would need to be examined in terms of how the utility is operated
and in reference to the governmental immunity act as it applies to this type of operation.
Beckstead noted no personal information is being stored in this system.
Councilmember Martinez questioned risks and stated threats seem to outweigh opportunities.
Councilmember Summers asked how many other companies provide broadband service. Ward
replied Century Link and Comcast control a large share of the residential market.
Councilmember Summers asked about the feasibility of the wholesale model. Beckstead replied
there are communities who have built the fiber network and then have not been able to secure a
service provider to use the network effectively. Wholesale is less attractive from a business risk
standpoint and success would be dependent on the third-party service provider.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 101, 2017, on Second Reading, as amended.
Councilmember Martinez expressed concern that citizens will not be thoroughly informed in due
time to vote in November.
Councilmembers requested the creation of a summary document for citizens.
Councilmember Summers made a motion, seconded by Councilmember Cunniff, to amend
Ordinance No. 101, 2017 to focus specifically on a retail model proposal.
City Attorney Daggett read the necessary language changes for the amendment.
Councilmember Summers stated his goal for the amendment is to make the ballot language as
clear as possible. He noted it is very unlikely a successful third-party service provider will be
found; however, should one be found, a change can be made in the future.
Councilmember Cunniff stated he would provisionally support the amendment given the cleaner
language.
Councilmember Overbeck stated he is not necessarily comfortable voting for the amendment
given the late timing.
Mayor Troxell requested staff input regarding mitigation for identified risks and challenges.
Beckstead replied part of the mitigation was to try to attract a third-party which has not yet
occurred. A utility fee was also not utilized. At this point, hiring the correct consultants,
adjusting the governance model, and providing exceptional customer service are the risk
mitigation strategies.
Mayor Pro Tem Horak stated he would not support the amendment.
Councilmember Summers stated the business plan has been established around the retail model.
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City of Fort Collins Page 536
Councilmember Stephens agreed with Mayor Pro Tem Horak and stated the flexibility is
important and is what was adopted on First Reading.
Mayor Troxell stated he would oppose the amendment in order to allow more flexibility.
The vote on the motion to amend was as follows: Yeas: Summers. Nays: Cunniff, Martinez,
Horak, Troxell, Overbeck and Stephens.
THE MOTION FAILED.
Councilmembers Overbeck and Cunniff expressed support for the main motion.
Councilmember Martinez stated he is leery about the success of this proposal and expressed
concern the technology will shift dramatically prior to the debt being paid off. However, he
stated he will support placing the item on the ballot in order to give citizens proper input.
Councilmember Stephens stated she would support the motion as voters overwhelmingly
supported exploring the option and her constituents have requested high-speed broadband
service.
Councilmember Summers supported citizens making the decision; however, he expressed
concern they haven’t been given enough facts and clarity to make a decision.
Councilmember Martinez stated voters must be aware they are supporting the City’s expenditure
of $150 million.
Mayor Troxell discussed technological and digital advances over the past decades and stated
connectivity is essential for the community. He estimates the take rate will be much higher than
the 28%.
RESULT: ORDINANCE NO. 102, 2017 ADOPTED AS AMENDED ON SECOND READING
[6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
NAYS: Summers
24. Second 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 Second Reading)
This Ordinance, adopted on First Reading on July 18, 2017, by a vote of 3-2 (Nays: Overbeck,
Stephens, Absent: Summers, Troxell) amends 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.
In response to a citizen inquiry and comments received by citizens during the First Reading of the
Ordinance, a Whereas clause has been added clarifying that it is the intent of this Council to ensure
this Ordinance continues to apply to all people, and not just certain segments of the population. In
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City of Fort Collins Page 537
response to questions regarding sitting on objects, particularly planters, language has been added to
Section 17-40(b) to clarify the extent of the prohibition.
Jeff Mihelich, Deputy City Manager, showed a map of business entrances and 20-foot arcs
around each in the Old Town area. He stated there are ample areas for individuals to rest and
relax outside the 20-foot arcs. He noted the 20-foot distance from business entrances has been
on the books for a number of years and is not recommended for change.
Lynn Thompson, Fort Collins Homeless Coalition, opposed the Ordinance as written and
requested a change to the definition relating to resting in public.
Deborah James stated there are many sidewalk obstructions other than homeless individuals.
Sidna Rachid opposed the proposed Ordinance and cited statistics relating to jailing homeless
individuals.
Shane Sheridan discussed potential unintentional violations of this Ordinance and stated it works
to dehumanize part of the population.
Fran Levine opposed the Ordinance as written stating it would discriminate against homeless
citizens.
Garrett Mumma opposed the Ordinance as written and discussed the definition of obstruction.
Andrew Bondi expressed concern regarding the seeming arbitrary nature of the 20-foot distance
and stated this Ordinance will magnify the issue of homeless citizens in Old Town
neighborhoods.
Holly Sample suggested the 20-foot distance be reduced to 6 feet.
Christianne Guerra opposed the Ordinance as written and stated homeless citizens need access to
downtown amenities.
Adam Lovell opposed the proposed Ordinance and recommended the 20-foot distance be
reduced to 6 feet.
Doug Henderson opposed the proposed Ordinance and recommended the 20-foot distance be
reduced.
Nicholas Mouton opposed the proposed Ordinance and the 20-foot distance.
Dan (no last name given) stated he is a business owner and supported this as a common sense
Ordinance.
Andy Auer opposed the proposed Ordinance.
Chi Chi Dougherty opposed the proposed Ordinance.
Mary Elyse Delphs opposed the proposed Ordinance.
Brian Munsky opposed the proposed Ordinance.
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City of Fort Collins Page 538
Barb Wilkins supported assistance for disabled individuals.
Steve Raimer supported reasonable access to businesses but opposed the proposed Ordinance.
He suggested working on strategies to reduce homelessness.
Karen Miller opposed the proposed Ordinance
Nevin Mandel opposed the proposed Ordinance.
Shane Miller opposed the proposed Ordinance and stated its intent seems to be to reduce the
number of homeless individuals in the Old Town area.
Cheryl Distaso, Fort Collins Homeless Coalition, opposed the proposed Ordinance as being too
similar to the sit/lie ban. She stated the 20-foot distance is too great.
Councilmember Overbeck questioned why blocking accessible ramps is not already a City
regulation. Mihelich replied that is considered obstruction and is already illegal.
Councilmember Overbeck questioned the definition of entrance. Mihelich replied entrance
references the frame of any door used by the public or employees to access the building.
Councilmember Overbeck asked if blind spot obstructions are referenced in the proposed
language. Mihelich replied in the negative.
Councilmember Overbeck asked about stakeholders identified in the Police Services memo.
Kevin Cronin, Assistant Chief of Police, replied stakeholders were citizens, downtown
businesses, various associations, and downtown police officers.
Councilmember Stephens asked who ensures the Ordinance does not discriminate. Cronin
replied calls for service are answered by Police and officers observing a violation will also
intervene in those situations. He noted officers are trained to avoid enforcement action and
immediate arrests are reserved for violent situations.
Councilmember Martinez questioned the definition of “ordinary person.” City Attorney Daggett
replied that term is usual for legal writing and is meant to reference a standard applicable to
regular, common members of the public.
Councilmember Overbeck suggested a radius of somewhere between 6 and 20 feet.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 100, 2017, on Second Reading.
Councilmember Overbeck made a motion, seconded by Councilmember Stephens, to amend the
motion to change the distance to 12 feet.
Councilmember Stephens expressed concern regarding the way in which the 20-foot distance
could be enforced.
Councilmembers Martinez and Cunniff stated they will not support the amendment.
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City of Fort Collins Page 539
Mayor Troxell supported the main motion and stated passageways are addressed due to safety of
all citizens.
Councilmember Stephens requested periodic updates and expressed concern this is not the
perfect Ordinance.
The vote on the motion to amend was as follows: Yeas: Overbeck and Stephens. Nays: Horak,
Troxell, Summers, Cunniff and Martinez.
THE MOTION FAILED.
Councilmember Martinez stated this Ordinance, with the 20-foot distance, has been around for
many years and addresses the entire population.
Councilmember Overbeck opposed the motion and stated involving other aspects of town could
have been a better process.
RESULT: ORDINANCE NO. 100, 2017, ADOPTED ON SECOND READING [5 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Summers, Troxell, Cunniff, Horak
NAYS: Stephens, Overbeck
25. First Reading of Ordinance No. 020, 2017, Authorizing the Conveyance of a Portion of City-
Owned Property at Running Deer Natural Area to Big Foot Properties, LLC. (Withdrawn)
The purpose of this item is for City Council to consider the proposed sale of approximately 11.85
acres of land to Big Foot Properties, LLC, (Roger Hageman, Hageman Earth Cycle (HEC)). About
eight months ago, the City Manager’s Office inquired about the possibility of selling approximately 15
acres of land to HEC. The land was purchased by the City’s Natural Areas Department eighteen
years ago, along with additional land for Running Deer Natural Area. Prior to the City’s purchase,
the 15 acres was leased by HEC for the operation of a yard waste/organic material recycling
business. The land has continued to be leased to HEC and the current lease will expire in 2018.
The proposed sale area has been reduced to 11.85 acres after exclusion of a wetland and boundary
adjustments.
RESULT: WITHDRAWN
26. Items Relating to the Submission of a City-Initiated Ordinance Relating to Medical Marijuana
Businesses to a Vote of the Registered Electors of the City at the November 7, 2017, Special
Municipal Election. (Postponed to Date Certain)
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language.
B. Resolution 2017-079 Submitting a City-Initiated Ordinance Dealing with Medical Marijuana
Businesses to a Vote of the Registered Electors of the City at the Special Municipal Election to
be Held on November 7, 2017, in Conjunction with the Larimer County Coordinated Election.
The purpose of this item is to submit a City-Initiated Ordinance to the registered electors of the City
at the November 7, 2017 special election. The proposed Ordinance amends Section 15-491 (a) and
(b) of Article XVI of the City Code to allow Council to change or add any provisions in Chapter 15,
Article XVI in order to stay current with state laws, rules and regulations relating to medical
marijuana.
August 15, 2017
City of Fort Collins Page 540
Any protest of the proposed ballot language must be received no later than Monday, August 14,
2017, at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption
of Resolution 2017-079. If protest(s) are received, copies will be included in Council’s “Read-before”
packet.
(Due to the lateness of the hour, this item was postponed to August 22, 2017)
ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
PM, Tuesday, August 22, 2017, for the purpose of considering agenda items prepared and posted
in advance of that meeting, any unfinished matters from this meeting, and such other matters that
may come before 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 11:13 PM.
______________________________
Mayor
ATTEST:
________________________________
Chief Deputy City Clerk
City of Fort Collins Page 541
August 22, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff present: Atteberry, Daggett, Coldiron
1. Items Relating to the Submission of a City-Initiated Ordinance Relating to Medical Marijuana
Businesses to a Vote of the Registered Electors of the City at the November 7, 2017, Special
Municipal Election. (Adopted)
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language.
B. Resolution 2017-079 Submitting a City-Initiated Ordinance Dealing with Medical Marijuana
Businesses to a Vote of the Registered Electors of the City at the Special Municipal Election to
be Held on November 7, 2017, in Conjunction with the Larimer County Coordinated Election.
The purpose of this item is to submit a City-Initiated Ordinance to the registered electors of the City
at the November 7, 2017 special election. The proposed Ordinance amends Section 15-491 (a) and
(b) of Article XVI of the City Code to allow Council to change or add any provisions in Chapter 15,
Article XVI in order to stay current with state laws, rules and regulations relating to medical
marijuana.
Any protest of the proposed ballot language must be received no later than Monday, August 21,
2017, at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption
of Resolution 2017-079. If protest(s) are received, copies will be included in Council’s “Read-before”
packet.
No protest of ballot language was received.
Ginny Sawyer, Policy and Project Manager, discussed the history of medical marijuana in Fort
Collins and stated staff is proposing this measure which would ask permission for Council to
make changes to the Code that would be consistent with the state. Council would still vote on
any potential changes, which could include types of ownership structures, new license types, and
off-premise storage facilities. Current license holders have expressed concern this measure
would potentially give Council and the City more overreach to change and restrict the citizen-
passed regulations; therefore, language has been included indicating the only possible changes
would be those within the state code.
Eric Sutherland stated the Code should be authored and amended with respect. He stated
codification should be self-sustaining and self-supporting without requiring the reference of
other documents. He suggested repeal and reenactment to accomplish this.
Gregg Steinberg stated he has started a company in Fort Collins which produces a product used
in medical cannabis cultivation facilities to enhance the growth and quality of their products. He
stated his company needs the ability to cultivate for research and development purposes and that
is currently very difficult under existing Fort Collins regulations; however, the state has changed
regulations to allow such cultivation.
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City of Fort Collins Page 542
Matthew Wallenstein stated he is one of the co-founders of the aforementioned company and the
new state law will allow them to test their product on cannabis plants. He stated it is important
to have good science behind medical cannabis.
Councilmember Summers asked if the primary provision to be examined will be related to
research and testing. Sawyer replied there are three provisions staff will likely bring forward: the
prohibition of transporters, the allowance of medical marijuana research facilities, and the ability
to conduct local background checks on new types of ownership interests. She noted each of the
items could be placed on a ballot individually; however, this tactic seems more efficient.
Councilmember Martinez asked if Council could still act on prohibiting transporters if voters do
not approve this measure. Sawyer replied that it would need to be taken to the voters
individually.
Councilmember Martinez asked about the research license. Sawyer replied the license would
allow researchers to grow a small amount of marijuana for research purposes and set up
parameters wherein that marijuana could not be sold and must be destroyed.
Councilmember Martinez asked Mr. Wallenstein what his company will be researching. Mr.
Wallenstein replied the use allowed by the state in which his company is interested is agronomic
testing on cannabis to understand the effects of different growth products.
Councilmember Overbeck asked Mr. Steinberg if he anticipates spin-off businesses from his in
the community. Mr. Steinberg replied their research applies not only to cannabis, but also to
specialty fruits and vegetables and broad-acre crops. He stated their ability to test on the
cannabis plant is crucial to increase their research.
Councilmember Overbeck asked how many people they anticipate employing should the
measure move forward. Mr. Steinberg replied the company currently employs 40 people, and
that will likely triple over the next three years; all of which will remain in this community if
given the ability to cultivate cannabis here.
Councilmember Overbeck asked if there would be a limit to the number of research companies
allowed in Fort Collins. City Attorney Daggett replied this ballot measure, if adopted, would
allow Council to take action and consider whether setting a limit is appropriate.
Councilmember Martinez asked about cannabis contamination. Mr. Wallenstein replied that has
been a concern and there is a large market for sustainably-grown, organic crops. He stated his
company aims to provide tools which enable growers to provide such crops.
Sawyer stated the State House bill would allow for the following research purposes: testing
chemical potency, conducting clinical investigation of marijuana-derived medicinal products,
researching the efficacy and safety of administering marijuana as part of medical treatment, and
researching marijuana-affiliated products or systems.
Councilmember Martinez asked if this helps or hinders law enforcement. Jim Lenderts,
Marijuana Enforcement Officer, replied it helps law enforcement as it continues to allow for
local control.
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City of Fort Collins Page 543
Councilmember Martinez asked if each of the three items discussed by staff could be taken to
voters separately or in one question. City Attorney Daggett replied it may be possible to
consolidate the provisions into one question.
Councilmember Martinez expressed concern regarding taking rights away from voters regarding
each specific issue.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt
Resolution 2017-079.
Mayor Pro Tem Horak stated this measure asks voters if Council could potentially make
changes, which would still need to be addressed by Ordinance and which could potentially be
placed before voters at Council direction.
Councilmember Stephens stated the public will still have the opportunity to weigh in on these
issues and discussed the importance of being able to weigh in on new license types and other
issues as they come up.
Mayor Troxell stated he would support the motion and expressed support for the 2012 initiatives
remaining intact.
RESULT: RESOLUTION 2017-079 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
2. First 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 on First Reading)
The purpose of this item is to consider 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.
Tyler Marr, Policy and Project Analyst, stated this is a recommended moratorium on small cell
installations within the City right-of-way. This has come about as a result of a state bill which
grants carriers the ability to attach equipment to existing structures and install stand-alone poles
in the right-of-way. Marr noted the small cell facilities can be quite large and stated staff is
pursuing Code changes to address aesthetic concerns and establish a process for review.
Additionally, staff is working on developing a master lease agreement with the third-party
companies which have expressed interest in installing small cell facilities.
Marr stated staff is requesting this moratorium on small cell installations, which would expire at
the end of 2017, or as the regulations are adopted, to provide additional time to develop
regulations.
Liz Walker, AT&T, stated small cells are an important part of the mechanism to deploy
technology to meet the demand for wireless service, which is growing exponentially. She
requested AT&T be a part of a collaborative process in developing new regulations.
August 22, 2017
City of Fort Collins Page 544
Mayor Pro Tem Horak made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 105, 2017, on First Reading.
City Attorney Daggett stated this moratorium will automatically terminate December 31, 2017
unless regulations are adopted prior to that.
Councilmember Stephens stated she would support the motion and noted small cell facilities will
be valuable to outlying neighborhoods such as Registry Ridge.
RESULT: ORDINANCE NO. 105, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ken Summers, District 3
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
3. First 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 on First Reading)
The purpose of this item is to consider adoption of various changes to 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.
Following direction given at the February 14, 2017 City Council work session, staff has conducted
additional outreach and addressed City Council questions. This item was presented on July 11, 2017
to the Council Finance Committee, which recommended the item be considered for adoption by the
entire City Council.
Kevin Gertig, Utilities Executive Director, stated staff plans to periodically bring raw water rates
and cash in-lieu of rates before Council.
Donnie Dustin, Water Resources Manager, stated Utilities has three water impact fees: raw water
requirements, plant investment fees, and tap fees. This item focuses on changes only to the raw
water requirements for the Utilities service area. The amount requested is based on the use or
type of development with the goal of generating adequate funds or water rights to provide a
reliable water supply. Dustin detailed the proposed changes and costs and discussed the public
outreach process. He noted the Water Board recommended adoption of the changes. Staff is
recommending a delayed implementation to allow developers to finish projects under current
costs.
Jeff Johnson, Affordable Housing Board, stated the Board is requesting three changes to the
proposal: exempt the increase for cash in-lieu for qualified affordable housing projects, delayed
implementation of any increase, and freezing future raw water increases pertaining to affordable
housing at the time of the application.
Councilmember Stephens asked if members of the Affordable Housing Board are on the fee
working group. Dustin replied in the affirmative.
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City of Fort Collins Page 545
Councilmember Cunniff expressed concern regarding consciously sacrificing some amount of
rate payer return on assets relative to the market value of the assets. Lance Smith, Utilities
Strategic Finance Director, replied this is an impact fee; therefore, over-collection cannot occur.
Councilmember Cunniff asked how much fees impact housing affordability in Wellington and
Timnath. Carol Webb, Water Resources and Operations Manager, replied Wellington is
increasing its water supply requirements to cover the costs of new development.
Councilmember Cunniff stated this is a step in the right direction; however, there may be more
that could be done with a better understanding of future capital needs.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 116, 2017, on First Reading.
Mayor Pro Tem Horak asked why the April implementation date has been selected. City
Attorney Daggett replied additional language addressing the issue will be included for Second
Reading.
Councilmember Overbeck replied he will not support the motion given his inability to find a
Natural Resources Advisory Board memo in his read-before packet. He requested all board and
commission input be placed in the same packet in the future.
RESULT: ORDINANCE NO. 116, 2017, ADOPTED ON FIRST READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
NAYS: Overbeck
OTHER BUSINESS
Councilmember Stephens requested and received Council support to direct staff to consider
licensing requirements for tobacco retailers.
Mayor Troxell supported Councilmember Stephens and stated he would like to examine
licensing requirements for all smoked products.
Councilmember Martinez also expressed support and questioned what is being done with
tobacco tax revenue.
Councilmember Summers expressed support and discussed the importance of tobacco education
and the role of licensing in that.
Mayor Pro Tem Horak suggested the formation of a memo including options and placement
within Council’s work plan.
Mayor Pro Tem Horak requested and received Council support for examining the expiration of
Keep Fort Collins Great, including the base taxation rate in relation to basic services.
August 22, 2017
City of Fort Collins Page 546
Mayor Pro Tem Horak stated Council received a memo regarding addressing stormwater fees at
time of annexation. He requested and received Council support for moving forward with an
action plan with the County.
Councilmember Martinez questioned why the prohibition on parking on grass exists only during
game days. City Attorney Daggett replied parking on grass is always illegal; however, there is
currently a lengthy notice provision prior to citation for a violation. That provision is being
changed on stadium event days to allow for immediate citation for this type of violation.
Councilmember Martinez stated he would like that provision to be changed to apply for
immediate citation year-round.
Mayor Pro Tem Horak discussed the Broadview Place fire and various violations at the property.
Councilmember Martinez requested an update to the absence policy for boards and commissions
and subcommittees.
City Attorney Daggett discussed the extent of the current policy, which does not address
subcommittees.
Mayor Troxell asked if Board chairs have discretion regarding effectiveness of members. City
Attorney Daggett replied only Council can remove a Boardmember; however, anyone can make
a request to the Council liaison or staff member.
ADJOURNMENT
The meeting adjourned at 7:43 PM.
______________________________
Mayor
ATTEST:
________________________________
Chief Deputy City Clerk