HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/18/2018 - CONSIDERATION AND APPROVAL OF THE MINUTES FROM THEAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY September 18, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes from the August 21, 2018 Regular Council Meeting and the August
28, 2018 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the August 21, 2018 Regular Council meeting and the
August 28, 2018 Adjourned Council meeting.
ATTACHMENTS
1. August 21, 2018 (PDF)
2. August 28, 2018 (PDF)
City of Fort Collins Page 320
August 21, 2018
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
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
Eric Sutherland withdrew Item No. 19, Resolution 2018-074 Approving and Authorizing the
Execution of an Intergovernmental Agreement with the Town of Timnath for Financial
Participation in the I-25/Prospect Interchange Improvements, from the Consent Agenda.
• CITIZEN PARTICIPATION
Helen Taylor opposed the extermination of a large prairie dog colony by a developer in 2016 and
encouraged successful relocation of other colonies. She requested the City provide relocation
habitat at Soapstone Prairie or Meadow Springs Ranch.
Jim Janty, Rolland Moore Neighborhood, stated needles were found in his neighborhood and
commended the City, Council, and Police response.
Anna Davidson supported the relocation of urban prairie dogs to natural areas.
Susan Janty, Rolland Moore Neighborhood, discussed drug activity in her neighborhood and
questioned why officers did not go to the basement of the home in question.
Richard Thompson, Interfaith Council and Faith Family Hospitality, discussed the use of the
Sherwood property for housing and encouraged the City to complete negotiations to allow that
use.
Kirsten Savage, Art in Public Places Board, encouraged Council to protect and support the
dedicated funding for the Art in Public Places program. She supported retaining the funding in
the broadband program.
Cameron Wylde opposed the extermination of prairie dogs and supported relocation programs.
James Bishop opposed prairie dog extermination and supported relocation programs.
Victoria Wylde opposed the extermination of prairie dogs as being inhumane and supported
relocation programs.
Amanda Zoch opposed prairie dog extermination as being inhumane and supported relocation
programs.
Katherine Woods supported the Faith Family Hospitality transitional housing.
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Pamela McBride opposed prairie dog extermination and noted they are a main food source for
raptors.
Minica Riggs opposed prairie dog extermination.
Christi Brockway, Northern Colorado Prairie Dog Advocates, supported asking Natural Areas staff
to perform a full inventory of public open spaces to identify land for future prairie dog relocations
and offered her group’s assistance on the project.
Amy Miller opposed prairie dog extermination and encouraged compassionate solutions.
Sara Witherell, Northern Colorado Prairie Dog Advocates, read an excerpt of the prairie dog
observation and prairie hike 2018 program, which is part of the Natural Areas program, discussing
the importance of prairie dogs in the ecosystem.
Pete Beckary discussed the world class bicycling in Fort Collins and requested Council use the
same attention to detail with prairie dogs.
Annette Zacharias, Faith Family Hospitality, supported the Sherwood transitional housing lease.
Kelly Winslow opposed prairie dog extermination and encouraged compassionate solutions.
Jude Zieger opposed prairie dog extermination and discussed their importance to the ecosystem.
Barbara Denton supported the Sherwood transitional housing lease for Faith Family Hospitality.
Delores Williams discussed the negative effects of prairie dogs on her property and questioned
who would fund their relocation.
Thomas Edwards, Fort Collins Bicycle Coalition, questioned whether CSU is paying its fair share
of transit costs.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Deputy City Manager Mihelich discussed the prairie dog extermination in Old Town North and
stated the remaining prairie dogs can be relocated to Cathy Fromme Natural Area. While there is
a possibility of relocating them to Soapstone, the black-footed ferret has been reintroduced at that
site and staff does not want to disturb the program.
Councilmember Cunniff thanked the prairie dog advocates and stated the organization will be
funding the relocation. He requested staff provide additional detail on what communications
occurred between the City and the developer.
Mayor Pro Tem Horak asked about the status of the limitation for the amount of prairie dog habitat.
Deputy City Manager Mihelich replied the limitation has to do with the number of prairie dogs
already on the site. The concern is the unintended consequence of additional prairie dogs dying to
stabilize the population.
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Mayor Pro Tem Horak asked how many acres would be required for the number of prairie dogs
needing to be relocated. Deputy City Manager Mihelich replied it is between 10 and 20.
Mayor Pro Tem Horak stated the policy for reintroduction needs to be more precise.
Councilmember Cunniff stated he would like more information on the City’s policy and staff
resources.
Councilmember Martinez asked about the appropriate disposal of needles in reference to the
Rolland Moore neighborhood residents’ concerns.
Deputy City Manager Mihelich thanked the Rolland Moore residents for their diligence and
discussed the Police Services response to the concerns.
Police Chief Swoboda stated dealing with a drug house is very time consuming and the residents
of the house in question were out within a week or two of the original report. He discussed the
importance of communitywide diligence regarding needles.
Councilmember Cunniff stated neighborhood residents have been concerned about the property
for some time and commended the citizens for their diligence.
Councilmember Stephens requested staff input as to what citizens should do if they come across a
needle. Assistant Police Chief Cronin replied the City has an agreement with the Northern
Colorado Aids Project (NCAP), whose volunteers will pick up needles safely and NCAP should
be called directly.
Councilmember Martinez asked how the response time for NCAP can be improved. Assistant
Police Chief Cronin replied he will communicate with NCAP regarding any response time
concerns.
Mayor Pro Tem Horak asked if the property owner of the Rolland Moore house in question was
contacted. Deputy City Manager Mihelich replied in the affirmative.
• CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: 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 10 and July 17, 2018, Regular Council
Meetings, the July 10, 2018, Adjourned Council Meeting and the July 24, 2018, Special Council
Meeting. (Adopted)
The purpose of this item is to approve the minutes from the July 10 and July 17, 2018, Regular Council
meetings, the July 10, 2018, Adjourned Council meeting, and the July 24, 2018 Special Council
meeting.
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City of Fort Collins Page 323
2. Second Reading of Ordinance No. 094, 2018, Appropriating Unanticipated Grant Revenue From
the Colorado Water Conservation Board and Great Outdoors Colorado in the Natural Areas
Fund. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 17, 2018, appropriates two grants
totaling $300,000 into the Natural Areas 2018 budget. The first grant of $200,000 was awarded by the
Colorado Water Conservation Board (CWCB) through its Watershed Restoration grant program, and
the second is a $100,000 grant awarded by Great Outdoors Colorado (GOCO) through its Habitat
Restoration grant program. The CWCB grant was awarded to support two related initiatives focused
on improving the health of the Poudre River fish communities. Half the grant ($100,000) will fund the
installation of a fish ladder on the Timnath Reservoir Inlet Ditch diversion dam. The second half of the
CWCB funds ($100,000) will enable a fish movement monitoring study on the Poudre to better
understand the efficacy of fish ladders. The GOCO grant will support Poudre River and floodplain
habitat restoration at Kingfisher Point Natural Area.
3. Second Reading of Ordinance No. 095, 2018, Appropriating Unanticipated Grant Revenue in
the General Fund and Transferring Funds from the Community Development and
Neighborhood Services Operating Budget to the Grant Budget for the Restorative Justice
Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 17, 2018, appropriates 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) and Reflect for all other offenses. The grant period for is July 1, 2018
to June 30, 2019. This is the second year in a 3-year cycle for the Juvenile Diversion grant.
4. Second Reading of Ordinance No. 096, 2018, Appropriating Prior Year Reserves in the Parking
Fund for the Replacement of a Parking Enforcement Patrol Vehicle and License Plate
Recognition System. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 17, 2017, appropriates $80,000 from
Parking Services Reserves to replace a parking enforcement patrol vehicle and its license plate
recognition system.
5. Items Relating to the City's Various Tax Provisions. (Adopted)
A. Second Reading of Ordinance No. 097, 2018, Amending Article II of Chapter 25 of the Code of
the City of Fort Collins Concerning the City’s Tax Rebate Programs.
B. Second Reading of Ordinance No. 098, 2018, Amending Article III of Chapter 25 of the Code of
the City of Fort Collins Concerning the Imposition, Collection, and Enforcement of the City’s Sales
and Use Taxes.
C. Second Reading of Ordinance No. 099, 2018, Amending Article IV of Chapter 25 of the Code of
the City of Fort Collins Concerning the City’s Lodging Tax.
D. Second Reading of Ordinance No. 100, 2018, Amending Article V of Chapter 25 of the Code of
the City of Fort Collins Concerning the City’s Telephone Occupation Tax.
These Ordinances, unanimously adopted on First Reading on July 17, 2018, amends City Code
sections in Chapter 25 to provide clarification for definitions and the application of various sections of
the Code, and to make clear the City may use a third-party auditor or collections service for delinquent
accounts.
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6. Second Reading of Ordinance No. 101, 2018, Amending Section 8-158 of the Code of the City
of Fort Collins Pertaining to the City's Procurement of Services for an Annual Independent
Audit of the City's Financial Records. (Adopted)
This Ordinance, adopted on First Reading on July 17, 2018, amends the City Code to accommodate
the roles of the Council Finance Committee and the City Council in procuring external audit services
for the City. An important element of auditor independence is that the selection of the external auditor
is made by a governing body rather than by the staff of the auditee. The proposed Code section would
(1) allow the selection process of an external audit services to take place at publicly held meetings and
(2) define the maximum service period of an incumbent auditor.
7. Second Reading of Ordinance No. 102, 2018, Amending Article IV, Division 2 of Chapter 23 of
the Code of the City of Fort Collins Regarding Real Property. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 17, 2018, amends various Sections of
Article IV, Division 2 of Chapter 23 in City Code as it pertains to real property. Article IV was reviewed
to find areas where the language could be improved and to make changes to these areas to streamline
the process.
8. Second Reading of Ordinance No. 103, 2018, Annexing the Property Known as the East
Gateway Annexation to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 17, 2018, annexes 1.77 acres of land
consisting of three properties into the City of Fort Collins. The properties are located approximately ¼
mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will create
the East Mulberry Enclave encompassing the East Mulberry Corridor. A related item to zone the
annexed property is presented as the next item on this Agenda.
9. Second Reading of Ordinance No. 104, 2018, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the East Gateway
Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the
Residential Neighborhood 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 2018-034.
This Ordinance, unanimously adopted on First Reading on July 17, 2018, zones the property included
in the East Gateway Annexation into the General Commercial (G-C), Low Density Mixed Use
Neighborhood (L-M-N), and Industrial (I) zone districts.
10. First Reading of Ordinance No. 105, 2018, Appropriating Prior Year Reserves in the Cultural
Services and Facilities Fund for Lincoln Center Improvements. (Adopted)
The purpose of this item is to appropriate funds set aside by the Lincoln Center into reserves to replace
aisle lighting in the Performance Hall as part of the seat replacement project.
11. First Reading of Ordinance No. 106, 2018, Appropriating Unanticipated Grant Revenue from the
Colorado Energy Office in the Light and Power Fund for the HOME Efficiency Loan
Program/On-Bill Financing Program. (Adopted)
The purpose of this item is to appropriate $200,000 in grant revenues from the Colorado Energy Office
in the Fort Collins Utilities Light and Power fund for the purposes of developing and capitalizing Utilities
On-Bill Financing (OBF) program. The program will provide utility bill serviced loans for energy
efficiency and renewable energy, with a focus on efficiency in rental properties for low- to moderate-
income households.
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12. First Reading of Ordinance No. 107, 2018, Amending Chapter 23 of the Code of the City of Fort
Collins Regarding Model Rocketry. (Adopted)
The purpose of this item is to change the City Code to allow model rocketry activities under a permit
issued by the Parks Department. Model rocketry is currently allowed by City Code in areas that are
signed for the use. There are no areas currently signed for this use. This change would allow for the
development of an internal policy for the safe and appropriate use of model rockets in the parks
system, and issuance of a permit for that use.
13. First Reading of Ordinance No. 108, 2018, Amending Chapter 12, Article X, of the Code of the
City of Fort Collins to Remove the Small Scale Source Definition and Warning Requirements
for Fugitive Dust. (Adopted)
The purpose of this item is to amend the City Code, Chapter 12, Article X, Particulate Matter Emissions,
to remove small source written warning requirements for violations, and instead apply the City’s
standard citation procedure for civil infractions, which allows the option for written warnings (Sec 19-
65. - Commencement of action; citation procedure). This would simplify education, outreach and
enforcement related to the Ordinance.
14. Items Relating to Adequate Public Facilities for Transportation. (Adopted)
A. First Reading of Ordinance No. 109, 2018, Amending Article 3 of the Land Use Code Regarding
Adequate Public Facilities Standards for Transportation Levels of Service.
B. First Reading of Ordinance No. 110, 2018, Amending Larimer County Urban Area Street
Standards Related to Land Use Code Adequate Public Facilities Requirements.
The purpose of this item is to consider revisions to the Land Use Code (“LUC”) and the Larimer County
Urban Area Street Standards (“LCUASS”) as they relate to Adequate Public Facilities (“APF”)
standards for transportation levels of service. The changes will make the standards current and
consistent and provide for Alternative Mitigation Strategies in cases where typical improvements are
not feasible, not proportional to impact, or not desired by the City.
15. First Reading of Ordinance No. 111, 2018 Authorizing the Lease of, and the Grant of an Option
to Purchase, City-Owned Property at 317 and 321 South Sherwood Street to Faith Family
Hospitality of Fort Collins, Inc. (Adopted)
The purpose of this item is to obtain approval for a lease of City-owned property located at 317-321
South Sherwood to the non-profit corporation, Faith Family Hospitality of Fort Collins, Inc., a Colorado
nonprofit corporation (FFH). FFH currently provides three core programs including case management,
day center and an overnight shelter for families experiencing homelessness in Fort Collins. This facility
will allow FFH to expand its program to include transitional housing. FFH is requesting a less than
market lease rate of $25 per month for a period of up to 25 years, including an option to purchase said
property between the third year and fifteenth year of the lease at a purchase price of $700,000. This
purchase price was supported by the Council Finance Committee.
16. First Reading of Ordinance No. 112, 2018, Declaring Certain City-Owned Property on North
College Avenue as Road Right-of-Way for Suniga Road. (Adopted)
The purpose of this item is to declare property owned by the City as road right-of-way to be constructed
and used for Suniga Road at College Avenue
The City owns a parcel of property located at 1000 North College Avenue. In 2018, the City
Engineering Department designed improvements for the Suniga Road and College Avenue connection
across the City’s property. The project will construct a new arterial roadway between College Avenue
and Blondel Street. Improvements include construction of a complete arterial street which includes 4
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travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements.
This Ordinance officially declares this City owned parcel needed for Suniga Road as road right-of-way.
17. Resolution 2018-072 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Hughes Stadium Annexation. (Adopted)
The purpose of this item is to initiate annexation proceedings for the Hughes Stadium Annexation,
containing 164-acres, into the City of Fort Collins. The Annexation is located at the northwest corner
of South Overland Trail and Dixon Canyon Road. The Annexation area is owned and administered by
Colorado State University and is the former location of Hughes Stadium. The requested zoning for the
property contained within the annexation area is Transition (T) which is intended for properties for
which there are no specific and immediate plans for development. The surrounding properties are a
mixture of recreational, residential and commercial land uses.
The proposed Resolution makes a finding that the annexation petition substantially complies with the
Municipal Annexation Act of 1965, determines that a hearing should be established regarding the
annexation, and directs notice be given of the hearing. The hearing will be held at the time of First
Reading of the annexation and zoning ordinances; not less than thirty days’ prior notice is required by
State law.
18. Resolution 2018-073 Authorizing the Execution of an Intergovernmental Agreement Between
the City and the Colorado Department of Transportation for Signal and Safety Improvements
at the Intersection of College Avenue and Troutman Parkway. (Adopted)
The purpose of this item is to enable the City to undertake signal and safety improvements at the
intersection of College Avenue and Troutman Parkway. This roadway is also State Highway 287 and
is under the jurisdiction and responsibility of the Colorado Department of Transportation (CDOT). The
City will complete the improvements and CDOT will fully (100%) reimburse the City for the cost of the
project.
19. Resolution 2018-075 Authorizing the Execution of an Intergovernmental Agreement Between
the City and Colorado State University for Game Day Transportation Services. (Adopted)
The purpose of this item is to authorize the Mayor to sign the Game Day Intergovernmental Agreement
(“IGA”) for the provision of enhanced public transportation services from the City, by CSU, to assist in
managing the flow of people entering and exiting CSU’s on-campus stadium during major events, such
as home football games.
20. Resolution 2018-076 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County to Partner on the Purchase of an 800 Acre Inholding at Red Mountain Open
Space. (Adopted)
The purpose of this item is for City Council to consider the proposed intergovernmental agreement
(IGA) with Larimer County to partner 50/50 on the purchase of the 800-acre inholding owned by Rick
and Mike Gallegos in Red Mountain Open Space. The County is the lead on the purchase and will
own and manage the property; the City will hold a conservation easement on the property.
The County closed on the property on August 1 and was willing to assume the risk of paying for the
full cost of the property if this IGA is not approved. As a part of the negotiated purchase the County
had to agree to close on the property on August 1.
21. Resolution 2018- 077 Authorizing a Parking Agreement with Confluence FC, LLC for City
Property at 424 Pine Street. (Adopted)
The purpose of this item is to authorize the City Manager to execute a parking agreement to allow
Confluence FC, LLC to share 17 parking spaces in the United Way parking lot at 424 Pine Street.
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United Way is the City's tenant and in its existing lease, it has the right to use the parking lot for its
purposes and to pay for the maintenance of the lot.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Summers requested clarification about Item No. 13, First Reading of Ordinance
No. 108, 2018, Amending Chapter 12, Article X, of the Code of the City of Fort Collins to Remove
the Small Scale Source Definition and Warning Requirements for Fugitive Dust. Lucinda Smith,
Environmental Services Director, stated the original Fugitive Dust Ordinance required source sites
under five acres to receive two written warnings within a one-year period before being cited. Every
complaint over the last year has been able to be resolved through education and outreach and not
one warning has been issued, let alone a citation. This change still allows the ability to provide
written warnings, but opens a bit more discretion and simplifies the ordinance.
Councilmember Summers asked how dust levels are evaluated. Smith replied the dust ordinance
is intended to mitigate and prevent dust from leaving a property or a truck and is largely complaint
based. Standard mitigation procedures are outlined in the Dust Control Manual and education
about those efforts typically resolves any issue.
Councilmember Stephens commented on Item No. 15, First Reading of Ordinance No. 111, 2018
Authorizing the Lease of, and the Grant of an Option to Purchase, City-Owned Property at 317
and 321 South Sherwood Street to Faith Family Hospitality of Fort Collins, Inc., as a good news
item for providing bridge housing.
Mayor Pro Tem Horak complimented the neighborhood and efforts for the Sherwood transitional
housing.
• COUNCILMEMBER REPORTS
Councilmember Cunniff reported on the Energy Board’s periodic review during which they
questioned the outcome of their recommendations. Councilmember Cunniff stated he replied the
Board should watch for policy results and examine Council agenda items. The Board has asked
about expanding their functions, which Councilmember Cunniff stated would be a good topic for
Council’s retreat following the election.
Councilmember Martinez reported on the Colorado Municipal League tour of Old Town.
Councilmember Summers reported on the Women of Influence gala.
Mayor Pro Tem Horak reported on the Poudre Fire Authority and City annual picnics and the
Longview Trail grand opening. He also reported on the Rogers Park neighborhood circus event.
Councilmember Stephens reported on the City volunteer picnic and thanked the City’s volunteers.
She also thanked the Neighborhood Night Out hosts and reported on the Children in Need program
through Homeward Alliance.
Mayor Troxell thanked the Councilmembers for their community involvement and echoed
comments on Neighborhood Night Out. He reported on the proclamation recognizing County
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Commissioner Lew Gaiter. He discussed the Water Board’s annual review and stated the Board
is under good leadership and is functioning well. He reported on meeting with ASCSU
representatives.
• DISCUSSION ITEMS
22. First Reading of Ordinance No. 113, 2018, Amending Chapter 7 of the Code of the City of Fort
Collins to Amend Requirements and Procedures Related to Campaigns and Campaign Finance
in City Elections. (Adopted as Amended on First Reading)
The purpose of this item is to consider proposed amendments to the City’s election campaign code
provisions that will raise the threshold requirement for reporting of independent expenditures, ensure
that the campaign violation complaint process applies to reporting of independent expenditures, and
require “paid for by” disclaimers on campaign communications for registered committees. There are
also various clean-up items that provide changes for added clarity and to reconcile conflicts created
by the proposed amendments.
City Clerk Coldiron outlined the proposed Election Code changes which would move the
independent expenditure reporting threshold from $100 to $1000, require “paid for by” statements
at least for registered committees and potentially for independent expenditures, change the
requirements for committee registration to eliminate overlap and clarify the definition of “person,”
expand violation provisions to independent expenditures, and change some wording for clarity.
City Clerk Coldiron stated the majority of the proposed changes are in response to citizen requests
for added transparency and to protect the integrity of elections. Citizens have also requested added
enforcement through more thorough review of the documents submitted by committees and have
requested a quicker turnaround for violation investigations. The Clerk’s Office has submitted a
budget offer to help with these efforts which is going through the normal course of budget
activities.
Marge Norskog requested Council modify the proposal for independent expenditures by limiting
the increase in the reporting threshold to $250 rather than $1000 and requested Council require
independent expenditure communications to include a “paid for by” statement. She stated groups
should not be able to hide their identities, discredit candidates, and deceive voters.
Karen Artell read a statement from Nate Budd related to “paid for by” statements. He stated the
public should be able to easily identify the source of funds as a safeguard to delineate outside
messaging from campaign messaging.
Jan Rossi stated the $1000 reporting threshold is too high for a city the size of Fort Collins. She
requested “paid for by” statements be required on all communication and stated too much
anonymous money will prevent good candidates from running for office.
Kathleen Schmidt, League of Women Voters Election Reform Team Leader, stated the Larimer
County League is committed to transparency and disclosure in elections. She stated citizens have
the right to know who is paying for influencing information. She requested Council raise the
independent expenditure reporting threshold to $250 rather than $1000 and supported requiring
“paid for by” statements on all election-related correspondence.
Robbie Moreland opposed raising the independent expenditure reporting threshold to $1000 and
discussed how many citizens can be influenced by various advertisements costing $1000. She
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requested all independent expenditure money spent on advertising require a “paid for by”
identifier.
Anne Thompson, League of Women Voters, discussed the League’s election reform efforts to
combat undue influence in the election process. She also stated corporate election spending should
not be equated with the First Amendment rights of individual citizens. She encouraged Council
to resist raising the independent expenditure reporting threshold beyond what is appropriate and
reasonable for a city of this size and strongly supported requiring disclosure or “paid for by”
statements on all political campaign advertising, including independent expenditures.
Roxanne Griffin opposed raising the independent expenditure reporting threshold above $250 and
supported requiring disclosure or “paid for by” statements on all political campaign advertising,
including independent expenditures.
Karen Wagner thanked Council for its continued efforts to increase transparency in City elections
and encouraged Council to ensure outside money and special interest groups do not have more
influence than everyday voters. She stated increasing transparency will increase voter turnout,
opposed raising the independent expenditure reporting threshold above $250, and supported
requiring disclosure or “paid for by” statements on all political campaign advertising.
Sam Houghtling stated representation and transparency in government is incredibly important. He
encouraged Council to require “paid for by” statements on all political advertising and opposed
raising the independent expenditure reporting threshold above $250.
Councilmember Summers requested clarification regarding various committees. City Attorney
Daggett replied one of the proposed changes will require any person or group receiving a
contribution to register as a committee.
Councilmember Cunniff stated a dues-collecting organization that spends a portion of those dues
to support or oppose a candidate or an issue is still an independent expenditure.
Councilmember Cunniff asked about a physical size requirement for items needing “paid for by”
statements. City Attorney Daggett replied staff was unclear where the size threshold should be
and would be happy to take direction from Council for that prior to Second Reading.
Councilmember Cunniff asked if it would be possible to write the language such that anyone who
has made a qualifying independent expenditure be required to include a “paid for by” statement.
City Attorney Daggett replied staff would be able to aid in crafting that language should Council
provide that direction.
Councilmember Stephens made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 113, 2018, on First Reading, adding the number $250 in Section 7-139 and adding
language requiring “paid for by” statements on materials funded by independent expenditures.
Councilmember Stephens thanked the citizens for their input and discussed the original $1000
recommendation.
Mayor Troxell asked if other communities with the $250 independent expenditure reporting
threshold are wrestling with a defensibility issue. He suggested moving forward with the $250
amount and dealing with any challenges as they arise. City Attorney Daggett replied there has
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been some dialogue in other communities about whether their thresholds are adequate. There is
always the chance that someone would challenge the City based on the limit and options could be
evaluated at that point.
City Attorney Daggett outlined necessary language changes to the Ordinance to meet the intent of
the motion. Councilmembers Stephens and Overbeck accepted the language changes.
Councilmember Cunniff stated he does not need more specific information on physical size
requirements at this point and expressed support for the motion.
Councilmember Overbeck thanked staff for their work and citizens for their engagement.
Mayor Pro Tem Horak noted political advertising is not allowed on Transfort buses or benches.
RESULT: ORDINANCE NO. 113, 2018, ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
23. First Reading of Ordinance No. 114, 2018, Amending Article 3 of the Land Use Code Regarding
Buffering Requirements for Development in Relation to Oil and Gas Facility Locations.
(Adopted on First Reading)
The purpose of this item is to present Land Use Code updates related to buffering new development
from existing oil and gas wells for Council consideration. The staff recommendation includes the
following Code changes:
1. Increase buffer for residential development near existing oil and gas operations from 350 feet to
500 feet.
2. Add a new 1000-foot buffer requirement for high occupancy buildings near oil and gas operations.
3. Allow a reduced setback (150 feet minimum) near plugged and abandoned wells if specific
requirements and performance standards are met.
4. Create an additional means of disclosure to future property owners as part of any required
recorded declaration.
Rebecca Everette, Development Review Manager, stated staff is recommending four sets of
changes to the Land Use Code relating to new development close to existing oil and gas operations.
The first change would increase the current buffer to match the Colorado Oil and Gas Conservation
Commission standards for new well permits from 350 feet to 500 feet. The second change is a
new 1000-foot buffer that would relate specifically to high-occupancy building units such as
schools, hospitals, and day care centers. The third change would allow a decision maker to
consider a reduced setback around wells that have been permanently plugged and abandoned and
meet several performance standards and requirements through an alternative compliance process.
The fourth change would provide an additional method of notification to future home buyers and
property owners in their title work.
Everette stated there is one oil and gas operator within the City’s growth management area,
Prospect Energy, which is only producing oil from 16 active wells. She stated there is no evidence
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of issues or leakage with 30 abandoned wells; however, there is no data showing whether there is
contamination at those sites.
Everette discussed the public outreach process for this issue and noted changes to the staff
recommendations were made based on input from the Natural Resources Advisory Board, Air
Quality Advisory Board, and the Planning and Zoning Board.
Councilmember Summers thanked staff for their work and asked if it is the responsibility of the
operator to take care of meeting requirements for plugging and abandoning wells. Everette replied
the Colorado Oil and Gas Commission considers a site fully reclaimed and the operator released
of their responsibility once a well has been plugged and abandoned to their standards. However,
if additional issues are identified over time, the state would investigate as to whether the operator
would have a responsibility for remediating an issue.
Councilmember Summers asked if any baseline testing has occurred in the area of the abandoned
wells. Everette replied no baseline testing on soil conditions for the entire region or around wells
has occurred specifically; however, soil sampling and groundwater testing is in progress for areas
around some abandoned wells. Cassie Archuleta, Environmental Planner, replied part of the
operator’s agreement with Prospect Energy was a requirement for baseline air quality monitoring
which showed toxic VOCs being much lower around the oil and gas field than in downtown Fort
Collins or in eastern Colorado.
Councilmember Summers requested an explanation of the phrase “additional requirements as may
be determined by staff and/or the decision maker.” Everette replied the decision maker is
dependent upon the type of development application proposed and the zone in which it lies. The
additional requirements are intended as a caveat for any unique site circumstances not envisioned
in the Code.
Councilmember Summers stated he would like to see some additional follow-up regarding ground
water wells.
Councilmember Stephens requested clarification on high-occupancy buildings. Everette replied
high-occupancy buildings are schools serving more than 50 individuals and day care centers
serving more than five non-family member children.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance
No. 114, 2018, on First Reading.
Mayor Pro Tem Horak thanked staff for their work in developing a common-sense approach.
Councilmember Cunniff stated he would support the motion; however, he requested additional
information regarding the property line versus building envelope question prior to Second
Reading.
Councilmember Stephens stated she would support the motion and thanked staff for their diligence
on the public outreach process.
Councilmembers Martinez and Overbeck commended staff on their work.
Mayor Troxell commended the approach as balanced and comprehensive.
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RESULT: ORDINANCE NO. 114, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
24. Resolution 2018-079 Adopting a Revised Policy for Reviewing Service Plans of Metropolitan
Districts. (Adopted)
The purpose of this item is to consider adoption of a revised policy for reviewing service plans for Title
32 Metropolitan Districts (“Metro Districts”). In 2008, the City Council adopted the existing policy by
Resolution 2008-069. At that time, Council responded to changing market conditions to enable the use
of Metro Districts to primarily support commercial development. Residential development faces similar
market conditions, as well as constrained land supply. The proposed revisions address these
conditions while furthering several City goals.
Josh Birks, Economic Health Director, discussed the history of metro district policy in the City
and noted this item is a revised policy and associated model service plan for metro districts. The
main changes between the old and revised policy are an increase in the mill levy cap, a statement
making it clear there are public benefits derived if basic infrastructure is to be funded by a metro
district, the removal of the prohibition to extend a metro district beyond 40 years, and the focus on
public benefit as the standard.
Birks discussed the ways in which affordable housing can be delivered as part of a metro district.
He noted Council retains final approval and authority over all service plans with the revised policy.
The revised policy creates a framework for applicants, staff review, and Council in terms of
making their decisions.
Birks discussed improvements in transparency which include the formation of websites, meetings
of the metro districts’ boards at least three of the four quarters every year, and annual reports
including board contact information.
Joe Rowan expressed appreciation for staff’s work on the policy, particularly as it relates to
financial transparency; however, he expressed concern the policy does not address how the metro
district interacts with capital expansion fees.
Adam Eggleston stated carving out where affordable housing can be located will impact housing
affordability.
Birks added one of the aspects of the model service plan includes opening a host of various actions
for Council should there be a failure to submit the annual report in a timely manner.
Councilmember Cunniff asked if the same capital expansion fees will continue to be collected.
Birks replied in the affirmative.
Councilmember Cunniff asked if improvements constructed using those capital expansion fees
will still use that pool of money rather than the metro district fees. Birks replied in the affirmative.
Councilmember Cunniff requested additional information as to remedies available under the
Special Districts Act. Birks replied many remedies are available under the “failure to perform”
side. Additionally, an approved development plan must be in place before the mill levies can be
collected or debt can be issued. The development plan can include performance requirements that
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City of Fort Collins Page 333
are part of being able to obtain a building permit. Intergovernmental agreements can also be
entered into before mill levies can be collected.
Tom Leeson, Community Development & Neighborhood Services Director, stated development
agreements frequently require certain improvements, generally directly related to infrastructure
improvements. In most cases, letters of credit or bond will be held for those improvements.
Deputy City Attorney John Duvall stated the Special Districts Act gives the City the power to
enforce the terms and conditions of the service plan that it would be approving.
Councilmember Summers asked about the parameters used for mortgage calculations. Birks
replied they used a 4% interest rate with $20,000 down.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution
2018-079.
Councilmember Cunniff stated he was hopeful projects will use this policy properly; however, he
requested the City demand bonding should projects request funding for infrastructure. Deputy
City Attorney Duvall replied building permits could be withheld pending the construction of
certain improvements.
Councilmember Cunniff stated he is more concerned about basic infrastructure being constructed
prior to individual housing features. Birks replied metro districts are tax limited bond issuances;
therefore, the only revenue the bondholders are set to receive is what comes off the capped mills.
City Attorney Daggett noted covenants and other lasting obligations can be used in case the metro
district cannot move forward as planned.
Councilmember Cunniff stated he shares the concern about housing affordability in the larger
sense with these improvements.
Mayor Pro Tem Horak stated he will support the motion and commended the policy as a whole.
He expressed concern about the metro districts approving their plans as individual homeowners
will be paying extra mills and may not realize it.
Councilmember Stephens stated she is somewhat skeptical about affordable or attainable housing
being part of this policy; however, it is worth trying.
RESULT: RESOLUTION 2018-079 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
City Manager Atteberry suggested the possibility of postponing the planned Executive Sessions to
an adjourned meeting next week. Councilmembers supported that agenda change.
25. Resolution 2018-078 Appointing Councilmembers to Serve on an Ad Hoc Council Committee
to Develop an Anti-Harassment Policy. (Adopted)
The purpose of this item is to appoint City Councilmembers to an ad hoc Council Committee to develop
an anti-harassment policy.
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City of Fort Collins Page 334
Kelly DiMartino, Assistant City Manager, discussed harassment in the workplace and noted
several Colorado jurisdictions are adopting anti-harassment policies that apply specifically to the
governing bodies of an organization. This item would appoint an ad hoc committee for City
Council to develop a similar policy to define what harassment means at that level, outline what the
process is for someone to file a complaint and the process for how that would be considered and
look at some possible outcomes in the event a harassment claim would be substantiated.
Councilmember Stephens asked if this is to be a broad definition of harassment or solely sexual
harassment. DiMartino replied a broader definition has been used in the organization; however,
that will be part of the committee’s work.
Councilmember Overbeck asked if this would include digital platforms as well as personal.
DiMartino replied that has been included in the organization policy.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution
2018-078, appointing Councilmembers Stephens and Overbeck and Mayor Troxell.
Mayor Pro Tem Horak cautioned members to ensure the use of common sense in accusations.
Councilmember Stephens stated it is important to understand what crossing lines means and
encouraged the inclusion of some type of training at the beginning of Council sessions.
Councilmember Overbeck asked if boards and commissions will be involved in this effort.
DiMartino replied the scope will be defined by the ad hoc committee at its first meeting.
Mayor Pro Tem Horak stated there needs to be a differentiation between public comments versus
private comments and noted the realm of politics can push people to use whatever processes
available to achieve their purpose.
RESULT: RESOLUTION 2018-078 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
26. Resolution 2018-074 Approving and Authorizing the Execution of an Intergovernmental
Agreement with the Town of Timnath for Financial Participation in the I-25/Prospect
Interchange Improvements. (Adopted)
The purpose of this item is to enter into an Intergovernmental Agreement with the Town of Timnath
and the City of Fort Collins regarding Timnath’s portion ($2.5 million) of financial participation in the
reconstruction of the interchange at I-25 and Prospect Road.
Eric Sutherland stated none of the multiple-year financial obligations that are part of this
intergovernmental agreement are enforceable in any way in court. This item needs to be voter
approved.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-074.
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City of Fort Collins Page 335
Mayor Pro Tem Horak stated this is a good news item and commended the cooperation with
Timnath and CDOT on the interchange.
Councilmember Martinez asked if this needs to go before voters first as alleged by Mr. Sutherland.
City Attorney Daggett replied the agreement is written so the obligations are contingent and
intended to comply with TABOR to not create a multi-fiscal year obligation that would require
TABOR approval. Deputy City Attorney Duvall replied the agreement specifically provides it is
subject to annual appropriation; therefore, by definition, it is not a multi-fiscal year obligation.
Mayor Troxell noted Mr. Sutherland did not remain to hear the discussion.
RESULT: RESOLUTION 2018-074 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• OTHER BUSINESS
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn to 6:00
PM Tuesday, August 28, 2018, for consideration of a possible motion or motions for executive
session and for consideration of such other matters as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• ADJOURNMENT
The meeting adjourned at 9:45 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 336
August 28, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• CALL MEETING TO ORDER
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff present: Atteberry, Daggett, Coldiron
• FOR COLLINS CONNEXION UPDATE
Coleman Keane, Connexion Executive Director, discussed the history of the broadband effort
beginning in 2016, including the voter approval to move forward in 2017 and appropriations in
2018. Keane discussed the competitive nature of broadband and its governance. Keane outlined
the bond funding of the project and introduced the Connexion team. Staff is in the process of
working through contracts on the issued RFPs. The deployment of the system will place the design
slightly ahead of construction in several design-build modules with the first service provided in
about a year and completion 36-48 months following that.
Keane stated Connexion will be an advocate for net neutrality, privacy and security, a future-proof
network, and will provide competitive, reliable service. The plan is to leverage existing Utility
staff to offer exceptional customer service and noted Code updates allowing broadband to move
forward are underway.
Councilmember Cunniff asked if upselling will occur when customers call with issues. Keane
replied it is not his plan to do that and stated staff needs to work hard to right-size the product for
the customer’s needs from the beginning.
Councilmember Martinez asked how neighborhoods will be notified when construction occurs and
how long any road blockages would occur. Keane replied some notification will occur and a
communication plan is being developed and the plan is to not overburden one area for an extended
period.
Mayor Pro Tem Horak asked if existing Utilities procedures for minimal disruption are to be
utilized. City Manager Atteberry replied in the affirmative.
Councilmember Overbeck suggested diversifying fixed-income securities.
Mayor Troxell welcomed the Connexion team and stated the community is looking forward to this
venture.
City Manger Atteberry commended the experience of the Connexion team and discussed the
progress that has been made since the venture was approved by voters. He also commended the
work of Mike Beckstead as the interim broadband executive director.
August 28, 2018
City of Fort Collins Page 337
• Consideration of a Motion to Adjourn into Executive Session
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the Council go
into Executive Session for the purpose of meeting with City staff to discuss matters pertaining to
competition in providing telecommunication facilities and services pertaining to the purchase of
personal property and pertaining to determining positions relative to matters that may be subject
to negotiation as permitted under Article 12, Section 7(D) of the City Charter, Sections 2-31(A)(5)
of the City Code, and Sections 2-6-402(4)(a) and 24-6-402(4)(e) of the Colorado Revised Statutes,
and real property acquisitions for the Natural Areas Department as permitted under Section 2-
31(A)(3) of the City Code and Colorado Revised Statute Section 24-6-402(4)(a).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• ADJOURNMENT
The meeting adjourned at 8:20 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk