HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/15/2019 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE SAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY October 15, 2019
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the September 3 and September 17, 2019 Regular Council
Meetings and the September 24, 2019 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the September 3 and September 17, 2019 Regular
Council meetings and the September 24, 2019 Adjourned Council meeting.
ATTACHMENTS
1. September 3, 2019 (PDF)
2. September 17, 2019 (PDF)
3. September 24, 2019 (PDF)
City of Fort Collins Page 233
September 3, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
ABSENT: None
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated he is requesting a continuance of Item No. 13, Resolution 2019-092
Approving the Northfield Metro District Nos. 1 through 3 Consolidated Service Plan, to September
17 to allow staff time to work with the developer to gain additional energy efficiency options for
the development.
• PUBLIC COMMENT
Eric Sutherland discussed the lawsuit brought against the City by the Colorado Oil and Gas
Commission striking down a citizen-initiated ordinance. He stated the City Attorney's Office
should well understand the reality of preemption of local laws and opposed the Office's
interpretation of the open meetings law.
Kathleen Benedict, Poudre Heritage Alliance Executive Director, thanked Council for its
partnership in the federally designated National Heritage Area. She announced the emeritus dinner
honoring individuals who have played key roles in the designation of the Area.
Susan Wilmer, Old Firehouse Books, stated many business owners object to the Linden Street
redevelopment plan that removes on-street parking spaces. This parking loss will negatively
impact the businesses in the area as people do not want to use parking garages.
Hannah Little, Women's Commission Chair, recognized September as National Recovery Month.
Manny Sanistivan, ASCSU, introduced Ben Amundson, ASCSU President, and McCay Armbrust,
Deputy Director of Governmental Affairs. Mr. Amundson thanked Council for attending the
community welcome walk and discussed the year's ASCSU initiatives including scooter safety,
communication about the City's broadband program, and housing policy.
Patricia Miller discussed a vigil her organization and others organized to speak out against the
detention centers at the border. She requested Council raise its voice for current detainees and she
read a resolution she would like Council to adopt.
Ray Martinez congratulated Council and the City on the beginning of the Connexion broadband
service.
Sue McFadden, Partners in Climate Action (PICA), requested Council adopt PICA's guidelines
for metro districts related to energy efficiency and affordable housing.
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City of Fort Collins Page 234
Meg Dunn thanked CSU for installing the Shields underpass at Elizabeth and commended the
Pitkin bikeway crossing on Shields.
Deborah James opposed bus schedule changes on South College Avenue and stated lower ridership
numbers are due to lower population numbers.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Summers noted Mr. Sutherland already left the meeting but stated the executive
sessions to which he referred have not yet taken place and none are planned. Additionally, he
recognized Recovery Month and Mental Health Awareness Month and stated he would be hosting
a community conversation on mental health and substance abuse later in the month.
Mayor Pro Tem Stephens thanked the ASCSU representatives and stated scooter safety is
paramount. She stated she would support a resolution as mentioned by Ms. Miller; however, a
decision was made by the Legislative Review Committee to have a facilitated dialogue prior to
taking action. She noted Council is still concerned about this issue.
Councilmember Cunniff stated the Legislative Review Committee met twice about the resolution
opposing conditions at the border; however, the feeling of the committee as whole was that there
were some more impactful things that could be done in the interim. He stated Council would also
like to receive an update on the community trust resolution.
Councilmember Cunniff thanked the ASCSU representatives and stated he would like to set up a
meeting to hear more about the proposed initiatives. He noted overall housing affordability is a
Council priority and requested an update related to when this conversation will occur during the
Council term and when it will occur relative to other metro district applications. Deputy City
Manager Jeff Mihelich replied the conversation around affordable housing is expected to be
brought before Council in the next several months and recommended a separate worksession
should Council want to dive more deeply into the conversation as related to metro districts.
Councilmember Cunniff asked if the Linden Street project is considered City-initiated with a
complete review process, including a review by Council. City Manager Atteberry replied the
scope for the project does not currently include an additional review by Council. The current
schedule calls for a mid-October decision to move into the request for proposal process to select a
contractor in time for a spring and summer build. City Manager Atteberry stated there will be an
additional memo to Council outlining the process thus far and staff will be meeting specifically
with business owners who are opposed to the option that is emerging as the preferred option.
Councilmember Gorgol asked if the work session on metro district affordable housing will take
place before or after the review of Northfield. Josh Birks, Economic Health and Redevelopment
Director, replied the work session is not currently on the calendar, and in order for Northfield to
make the November election, it will need to be considered by Council on September 17. He stated
he will give Council’s feedback to the developer.
Councilmember Gorgol stated she believes Council can both have a resolution and community
conversation related to conditions at the border and the impact to immigrants in Fort Collins.
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City of Fort Collins Page 235
Councilmember Gutowsky stated she was glad to hear there will be additional talks with concerned
business owners on Linden Street.
Mayor Pro Tem Stephens thanked Ms. Jones for her comments on changing bus routes and asked
for a memo on which routes have changed. She asked if there is a phone number individuals can
call to get updated information. Dean Klinger, Interim Planning, Development, and Transportation
Director, replied the best information is on ridetransfort.com, including a contact phone number.
Councilmember Pignataro stated she would also support a resolution as well as a community
conversation relating to conditions at the border and the impact to immigrants in Fort Collins.
• CONSENT CALENDAR
Councilmember Summers withdrew Item Nos. 9, First Reading of Ordinance No. 111, 2019,
Amending Section 17-142 of the Code of the City of Fort Collins Regarding Public Nudity, and 10,
Resolution 2019-093, Affirming that Digital Billboard Regulations Are Not a Council Priority,
from the Consent Agenda.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Second Reading of Ordinance No. 101, 2019, Making Appropriations and Authorizing Transfers
of Appropriations for the Safe Routes to School Program and Grant From the Colorado
Department of Transportation and Related Art in Public Places. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, requests an appropriation
of $495,851 in unappropriated funds received through a grant for the Safe Routes to School program
(part of the City’s FC Moves Department). The Colorado Department of Transportation (CDOT) has
awarded a $495,851 grant for design and construction of a new bicycle and pedestrian crossing at
West Drake Road and Hampshire Road recommended in the City’s 2014 Bicycle Master Plan. This
project will provide a crossing for K-8 students connecting to nearby Blevins Middle School and
Olander Elementary, while also supporting the completion of the low-stress Hampshire Bikeway. This
project requires a 20% local match ($123,963), which will be paid from funds already appropriated in
the Engineering Department’s Pedestrian Program and the FC Moves Department’s CCIP - Bike Plan
Implementation fund. A total of $4,959 is provided for Art in Public Places for the Project.
2. Second Reading of Ordinance No. 102, 2019, Amending Section 2-569 of the Code of the City
of Fort Collins Regarding the Ethics Review Board. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, changes City Code
Section 2-569(d)(1) to extend the time for initial screening of an ethics complaint by the Ethics Review
Board from ten working days to thirty working days, plus an additional fourteen days in the event of
extenuating circumstances.
September 3, 2019
City of Fort Collins Page 236
3. Second Reading of Ordinance No. 103, 2019, Adding a New Article XII to Chapter 12 of the Code
of the City of Fort Collins Relating to the Cultivation and Extraction of Hemp. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, regulates the personal
cultivation of hemp within the City of Fort Collins in the same manner that marijuana cultivation is
regulated.
4. Second Reading of Ordinance No. 104, 2019, Making Various Amendments to the City of Fort
Collins Land Use Code. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, makes amendments to
the Land Use Code. The proposed revisions, clarifications and additions to the Code that address
specific subject areas that have arisen since the last update was initiated in the spring of 2019.
5. Second Reading of Ordinance No. 105, 2019, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with
the Realigned Lemay Avenue Bridge over Vine Drive and Burlington Northern Santa Fe
Railroad Tracks. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, seeks authorization from
City Council to use eminent domain, if necessary, to acquire property interests along Realigned Lemay
Avenue. The acquisitions will include purchase of rights-of-way and permanent easements from three
property owners. To meet project construction timelines, timely acquisition of the property interests is
necessary. Staff fully intends to negotiate in good faith with the affected owners and is requesting
authorization to use eminent domain only if project staff and the City Attorney’s office believe such
action is necessary after reasonable efforts to negotiate an acquisition.
This action would ensure the City can secure all the right-of-way required to build the entire project
and complete the right-of-way acquisition phase of the project. There may still be a need for acquisition
of future temporary construction easements, but no additional permanent right-of-way acquisition.
6. Second Reading of Ordinance No. 106, 2019, Authorizing the Termination of the Declaration of
Covenants, Conditions, Restrictions and Easements for Inverness Innovation Park. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, authorizes the termination
of a restrictive covenant that is obsolete and no longer beneficial to property on East Vine Drive.
7. First Reading of Ordinance No. 109, 2019 Appropriating Prior Year Reserves in the General
Fund for the Waste Innovation Program. (Adopted)
The purpose of this item is to move $51,275 accumulated during 2018 in the Waste Innovation Fund
account into the City's General Fund account for approved projects to develop new organizational
processes that enable departments to divert more waste material from landfill disposal.
8. First Reading of Ordinance No. 110, 2019, Increasing the Current Loan Fund Available for the
Epic Loan Program and Appropriating Funds for the Program From Reserves in the Light and
Power Fund. (Adopted)
The purpose of this item is consideration of an Ordinance to increase from $1.6 million to $2,488,350
the revolving loan fund available in the Utilities’ Light and Power Fund to provide loans to Utilities’
customers under the Epic Loan Program (Program) and to appropriate these funds for the Program.
This increase in the loan fund is the result of the City recently receiving for the Program a grant of
$200,000 from the Colorado Energy Office and a grant of $688,350 from Bloomberg Philanthropies.
The Program, formerly known as the On-Bill Utility Financing Program, provides low-cost financing to
Utilities’ customers for energy efficiency, water efficiency, and renewable energy improvements.
September 3, 2019
City of Fort Collins Page 237
The Ordinance also provides that this loan fund will increase by three proposed future borrowings by
the City’s Electric Utility Enterprise from third-party lenders as these borrowings are approved by the
Board of the Enterprise. These borrowings are: (i) up to a $1 million loan from the Colorado Energy
Office, (ii) up to a $2.5 million loan from U. S. Bank (to be considered by the Board of the Enterprise
at this September 3rd meeting), and (iii) up to a $1.5 million loan from either the Colorado Clean Energy
Fund or a bank partnering with it (Enterprise Borrowings). If the Enterprise Borrowings are approved
by the Enterprise Board, the revolving loan fund for the Program will be increased under the Ordinance
to $7,488,350.
This item was discussed at the July 15, 2019, Council Finance Committee meeting with support to
bring forward the included ordinance for full Council consideration.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Stephens mentioned Item No. 8, First Reading of Ordinance No. 110, 2019,
Increasing the Current Loan Fund Available for the Epic Loan Program and Appropriating Funds
for the Program From Reserves in the Light and Power Fund, stating these funds will enable
people to borrow money to help make their homes more energy efficient and will allow owners of
multi-family buildings the opportunity to make them more energy efficient. She noted this will
aid in meeting climate action goals and provides lower interest loans that can be paid back on
utility bills.
City Manager Atteberry noted the Utilities homepage of fcgov.com contains information about the
Epic Loan Program.
• STAFF REPORTS
A. Actual Cumulative Revenue Compared to Budget & Accuracy of Cumulative Budgeting Expenses.
Lawrence Pollack, Budget Director, stated he will be discussing the cumulative revenue compared
to the budget and the accuracy of cumulative budget expenses. Both metrics fall within the High
Performing Government Outcome Area and link to two specific strategic objectives: providing
world-class municipal services to residents and business and leveraging data technology and
metrics in helping evaluate the performance delivery to the community.
Pollack stated all major revenue sources are on track for 2019; however, there are implications for
2020 that will be discussed at next week's worksession. He stated expenses do not include large
capital projects and detailed the expenses versus revenue noting the main part of the underspend
is the result of timing differences.
B. Wood Recycling Program.
Kendra Boot, City Forester, discussed the mission of the Forestry division noting its focus on
safety, customer service, stewardship of the canopy cover, and collaboration. Material for the
program is produced from tree care maintenance operations and the residential Christmas tree
recycling program. She discussed the history of the wood recycling program, noting it aligns with
the Culture, Recreation, and Environmental Health Outcome Areas.
Boot detailed the amount of wood diverted from the landfill and associated costs over the last
several years. The price per cubic yard to recycle the material is less than the price to take it to the
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landfill. Boot discussed the wood recycling process and success of the free mulch giveaway days.
Mayor Troxell asked how staff ensures contaminated wood is not recycled. Boot replied there is
currently a federally mandated quarantine around Boulder County related to the Emerald Ash
Borer Beetle.
Councilmember Cunniff asked if the only source of wood for this program is the City's own tree
canopy and community Christmas trees. Boot replied in the affirmative.
Councilmember Cunniff asked what resources are available for private tree canopy maintenance
and prevention. Boot replied there are some resources on the Forestry Department's webpage and
any of the 16 certified arborists on staff can answer questions.
Councilmember Pignataro asked about the best way for the public to find out about the free mulch
giveaway dates. Boot replied there is social media outreach, an alert on the webpage, and posters
hung around town.
Councilmember Pignataro requested input regarding when the City will aid in branch removal
after a major storm. City Manager Atteberry replied that is determined on a case-by-case basis
based on the severity of the storm, the time of year, and the amount of branches in the right-of-
way. Mike Calhoon, Director of Parks, replied there is a pre-defined plan and set of criteria. A
crew from Forestry and Streets will complete a post-storm inspection using those criteria to
determine the level of assistance to be provided by the City.
Councilmember Pignataro commended the wood recycling program.
Mayor Pro Tem Stephens commended Boot on her work and requested information about the plan
for dealing with the Emerald Ash Borer Beetle. Boot replied the City does have a dynamic
management plan and stated there are approximately 7,700 ash trees on public property but close
to 67,000 throughout the community, or about 1/3 of the total canopy cover. Baseline information
has been collected on the trees to help in creating a plan moving forward.
Councilmember Summers asked if there is a preemptive tree planting program in place. Boot
replied in the affirmative and stated there are always attempts to diversify the urban forest. She
stated recent budget funds have aided in replacing ash trees and staff has been working with
developers to determine the best time to replace existing trees and avoid planting ash trees on new
developments.
Mayor Pro Tem Stephens asked about the treatment process for the Emerald Ash Borer Beetle.
Boot replied treatment cost the City of Boulder around $5-7 per diameter inch and it must be
completed every three years in perpetuity.
Councilmember Gutowsky asked about the City's liability should trees in developments die due to
lack of water. Boot replied it depends on who planted the tree. She discussed the possibility of a
warranty period for trees that will be inherited by the City. She noted trees must be watered
thoroughly for the first two to three years.
Councilmember Gutowsky asked about developments with large swaths of dead grass due to lack
of water, particularly along Ziegler Road. City Manager Atteberry replied some of those cases
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involve the landowners changing from bluegrass to natural grasses, which can take three to ten
years to establish, but will ultimately be more sustainable.
• COUNCILMEMBER REPORTS
Councilmember Gorgol reported on the Community Welcome at CSU, Tour de Fat, and the
Fortitude 10K event.
Mayor Pro Tem Stephens reported on the Black and White Ball, a fundraiser for the Museum of
Discovery.
Councilmember Pignataro reported on the Black and White Ball which raised $65,000. She also
reported on the Urban Renewal Authority Board retreat.
Councilmember Gutowsky reported on the Pacific American Culture Center and El Centro event
at Lee Martinez Park.
Mayor Troxell reported on the launch of Connexion, the City-owned municipal broadband service.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
9. First Reading of Ordinance No. 111, 2019, Amending Section 17-142 of the Code of the City of
Fort Collins Regarding Public Nudity. (Adopted on First Reading)
The purpose of this item is to amend the public nudity City Code provisions to make them consistent
with the permanent injunction issued by the United States District Court and agreed to by the City.
Councilmember Summers stated he pulled this item, given its extensive history.
Jason Medina recommended Council oppose this ordinance.
Dave Pierce opposed the ordinance.
Ray Martinez opposed the ordinance and stated he would like to see the item referred to the
Supreme Court.
Michelle Medina opposed the ordinance.
Paul Vencel questioned where his rights to not see nudity are being considered.
Rich Stave opposed public shaming stating this ordinance is a step in the right direction.
Craig Fortunato opposed the ordinance.
Lynn Gombos opposed the ordinance.
Armond Ribara opposed the ordinance.
Councilmember Summers thanked the speakers and noted the item was originally on the Consent
Agenda as it was a follow-up from a previous Council decision. His concerns align with some of
those mentioned; however, this item strikes language from the existing ordinance that the court
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has deemed indefensible and unenforceable. The state statute related to public indecency remains
in effect.
Councilmember Cunniff asked if private businesses, churches, and schools have the ability to set
their own dress codes. John Duvall, Deputy City Attorney, replied in the affirmative, stating
people could be asked to leave private property and could be cited or arrested if they do not do so.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 111, 2019, on First Reading.
Councilmember Gutowsky agreed with Councilmember Summers that Council is bound by the
decision of the 10
th
Circuit U.S. Court of Appeals; however, she agreed with former
Councilmember Martinez that she wanted this to be referred to the Supreme Court. It is
unfortunate the ordinance that reflected the city's values now has to be amended because of a few
people.
Mayor Pro Tem Stephens noted there was no guarantee the Supreme Court would have heard this
case. The City did pursue legal action and the result was the ordinance being overturned.
Mayor Troxell stated this has been a difficult issue for the community and concurred with
Councilmember Gutowsky's comments. He, too, would have liked to see the item referred to the
Supreme Court.
Councilmember Summers noted schools are mentioned both as public places and not public places.
He suggested the ordinance be amended to strike the reference to schools being public places. City
Attorney Daggett requested staff be allowed to review the language and provide feedback at
Second Reading.
Councilmembers discussed appropriate language related to public places.
Councilmember Gutowsky requested clarification on how the amended ordinance would affect
public schools. City Attorney Daggett replied this provision would make it a violation of the City's
laws to be nude in certain places. Schools and other entities are in control of their own facilities
and this does not interfere with their ability to be so.
RESULT: ORDINANCE NO. 111, 2019, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
10. Resolution 2019-093 Affirming that Digital Billboard Regulations Are Not a Council Priority.
(Adopted)
The purpose of this item is to limit further consideration of new digital billboard regulations.
Councilmember Summers stated he withdrew this item in order to determine whether there should
be any further deliberation.
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Sarah Mercer, attorney representing Lamar Advertising, discussed Lamar's participation in Sign
Code updates and the billboard reduction program. She requested the opportunity for this
conversation to continue.
Rich Stave stated it will be difficult for most citizens to understand what is going on with this
particular issue if standards are not developed.
Councilmember Summers suggested keeping dialogue ongoing.
Councilmember Cunniff asked if the annexation and redevelopment of East Mulberry properties
will result in the removal of off-premise billboards. Noah Beals, Zoning Services, replied they
would need to be removed if the business did not want them to count toward its sign allowance.
Councilmember Cunniff stated he supports the resolution as written, noting it is important to
provide clarity to staff on how to allocate resources.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2019-093.
Mayor Troxell noted this item could come back before Council at any time.
Mayor Pro Tem Stephens stated she would have liked to have worked on a billboard removal
program which would provide guidance over where the new digital billboards would be located.
RESULT: RESOLUTION 2019-093 ADOPTED [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS: Summers
• DISCUSSION ITEMS
11. Second Reading of Ordinance No. 107, 2019, Approving a Settlement Agreement in the Fort
Collins Mennonite Fellowship v. City of Fort Collins Lawsuit and, as Contemplated Under the
Agreement, Amending the Conditions Previously Imposed in City Council Resolution 2018-104
that Approved the Fort Collins Mennonite Fellowship's External Storage Lockers Minor
Amendment. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on August 20, 2019, by a vote of 6-1 (Nays: Gutowsky)
approves a lawsuit the Fort Collins Mennonite Fellowship (Fellowship) and its pastor Steve Ramer
filed last year in federal district court against the City and City Council. The Fellowship and Pastor
Ramer sued the City and Council challenging the four conditions the Council imposed in October 2018
on the Fellowship’s installation and operation of outdoor lockers at its 300 East Oak Street church
building it wished to make available to individuals experiencing homelessness (Locker Program).
These four conditions were imposed as part of the Council upholding on appeal the Planning and
Zoning Board’s previous approval of the Fellowship’s application for a minor amendment under the
City’s Land Use Code to allow the Locker Program.
Under the proposed settlement, the existing four conditions will be replaced with ten new conditions,
the City will pay $60,000 to reimburse the Fellowship and Pastor Ramer for the attorney fees and costs
they have incurred in the lawsuit and the lawsuit will be dismissed with prejudice.
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Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 107, 2019, on Second Reading.
Mayor Pro Tem Stephens stated she wanted to ensure neighbors understand their concerns were
heard and she encouraged the church to reach out and work with the neighborhood. She stated she
has always supported the locker program.
Councilmember Gutowsky stated she would not support the motion as she does not feel enough
has been done to safeguard residents and ensure them conditions will be enforced. She also urged
the church and neighborhood to attempt to find some common ground.
Mayor Troxell encouraged the Mennonite Fellowship and Pastor Ramer to work with the
neighbors in a constructive fashion.
RESULT: ORDINANCE NO. 107, 2019, ADOPTED ON SECOND READING [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
NAYS: Gutowsky
12. Second Reading of Ordinance No. 108, 2019, Amending Article XVII, Section 15 of the Code of
the City of Fort Collins Relating to Short Term Rentals. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on August 20, 2019, by a vote of 5-2 (Nays: Pignataro,
Summers) codifies regulations addressing existing short-term rental (STR) licenses in multi-family
buildings, to decriminalize short-term rental offenses, and to clarify that the thirty-day limit in Section
15-646 was intended to be calendar days. These actions come after multiple work sessions and
outreach.
Kathryn Dubiel requested an explanation of addition of the phrase “non-primary” and asked
whether Council feels transient lodging is compatible with long-term residential use in multi-
family buildings. She also questioned using self-certification as a compliance method and asked
if the level of review on occupancy in short-term rentals is acceptable to Council.
Councilmember Cunniff requested a staff response to Ms. Dubiel's questions. Ginny Sawyer,
Policy and Project Manager, replied the change to “non-primary” was completed to ensure a
license was required in all scenarios. She stated inspectors actually measure windows for
compliance with egress standards; homeowners tend to look at windows to determine whether or
not they can get out. At this point, resources do not allow inspections of all properties; therefore,
some level of self-certification is necessary.
Councilmember Cunniff asked if the license fees could be raised to cover the inspection of all
short-term rentals. Sawyer replied that could possibly be done.
Councilmember Cunniff asked how occupancy is enforced. Sawyer replied there is not currently
an occupancy limit on short-term rentals; however, staff could bring forth a proposal to place
maximum occupancy numbers on advertisements.
Councilmember Cunniff asked if short-term rentals are subject to the occupancy ordinance.
Sawyer replied the occupancy ordinance requires a 30-day stay in the calendar year; therefore, it
does not apply to short-term rentals.
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Councilmember Cunniff stated he does not view non-primary short-term rentals as a housing use
but as a commercial lodging use and those should be treated as separate policies.
Councilmember Summers requested information about the number of multi-family short-term
rentals. Sawyer replied this ordinance will prevent any future short-term rentals in multi-family
buildings unless they meet R1 standards. Prior to this consideration, 60 licenses of this type were
issued, and a certain number were inspected. She stated every unit will need to be inspected prior
to being issued a new license; a new owner will not be eligible for a license; and no license will
be issued once a license has been expired for 30 or more days; therefore, there will be an attrition
process.
Councilmember Summers asked if the ordinance decriminalizes short-term rental offenses.
Sawyer replied staff had originally talked about decriminalizing, and upon further clarification and
work with the City Attorney's Office, determined that was not beneficial.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 108, 2019, on Second Reading.
Councilmember Pignataro requested staff inform Council as soon as the IBC takes some type of
stance on short-term rentals.
Mayor Pro Tem Stephens stated significant safety concerns with short-term rentals have led her to
support this ordinance. She also supported requiring maximum occupancy information in short-
term rental advertisements.
Councilmember Summers stated occupancy is an issue and minor safety measures are prudent and
well advised; however, he stated some of the R1 requirements are not minor in nature and will
require undue hardship to address.
Councilmember Gutowsky stated safety is of primary concern.
Mayor Troxell stated he would support the motion though not without some consternation.
RESULT: ORDINANCE NO. 108, 2019, ADOPTED ON SECOND READING [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS: Summers
13. Resolution 2019-092 Approving the Northfield Metro District Nos. 1 through 3 Consolidated
Service Plan. (Postponed to September 17, 2019)
The purpose of this item is for City Council to consider approval of the Northfield Metropolitan District
Nos. 1 through 3 Consolidated Service Plan (the “Service Plan”). The developer of the proposed
Northfield Development has submitted the Service Plan to support the proposed development of
approximately 56 acres located north of Vine Street on the west side of Lindenmeier Road/Lemay
Avenue (southeast of the Lake Canal and north of the to-be designated historic Alta Vista
neighborhood). The development is anticipated to include 442 residential units and a mixed-use center
that will offer light commercial use on the first floor, residential for-rent units on the second floor, and
small amenities open to the public. The project has committed to provide approximately 15 percent
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for-sale affordable housing units. A Mill Levy Cap of 50.00 mills has been proposed under the Service
Plan to support the project.
As per the Council’s Metro District Policy, proceedings for a public hearing for a Metro District Service
Plan public hearing are as follows:
1. Announcement of item
2. Consideration of any procedural issues
3. Explanation of the application by City staff
4. Presentation by the applicant (suggested time: 15 minutes)
5. Public testimony regarding the application
6. Rebuttal testimony by the applicant (suggested time: 10 minutes)
7. Councilmember questions of City staff and the applicant
8. Motion, discussion and vote by City Council.
The public hearing for this Service Plan was previously noticed in accordance with Council’s Metro
District Policy to be conducted at Council’s August 20, 2019, meeting. However, Council voted at that
meeting, as authorized in Section 2.c. of the Council’s Rules of Procedure, to continue this matter to
the Council’s next regular meeting, which is this September 3, 2019, meeting. The applicant mailed
on August 22, 2019, notice of this continuance to the fee-title owners of property within the proposed
Districts and published this notice in the Coloradoan on August 24, 2019.
City Manager Atteberry stated staff is requesting this item be continued to September 17 to allow
additional time to work with the developer.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to continue the
consideration of Resolution 2019-092 to September 17, 2019.
Rich Stave suggested a list be made of what both the City and Metro District are going to provide
and for how long. He questioned how the citizens of Fort Collins interact with this type of entity.
Josh Birks, Economic Health Director, replied he would provide a more detailed written response
for the September 17 meeting, but in general, there will be some ongoing operations and
maintenance that the Northfield Metro District will continue to provide and there are other
facilities, such as streets, that are being built to City standard and are usually turned over to the
City for ongoing maintenance despite the upfront capital coming from the metro district.
Councilmember Gorgol asked how the City voices its goals for attainable and affordable housing
when approached by a developer about a metro district. Birks replied the developer will be able
to provide more details on September 17; however, the service plan includes a commitment for 65
units at 80% or less of the area median income. He stated he will continue to share Council's desire
for affordable units with the developer.
Councilmember Gorgol stated there are specific questions related to energy standards and she
would like to see more specific questions for affordable housing. Birks replied there is currently
a two-step process that occurs before the Council Finance Committee sees the first view of the
service plan. The first step involves the submission of a letter of intent by a developer to form a
metro district which is reviewed by a core staff group and the second step involves the submission
of a draft service plan based on the City's model service plan, which is fully vetted by staff.
Councilmember Gorgol asked if changes can be made between the service plan and development
plan stages. Birks replied the service plan does not bind Council to approving the development
agreement; however, if there is a desire to change some fundamentals of the promise made in the
September 3, 2019
City of Fort Collins Page 245
service plan, it should be amended. The reason changes have not typically been made between
service plan and development agreement is because the development agreement involves
following through on promises made.
Mayor Troxell noted part of the service agreement development includes the triple bottom line
analysis and there is a clear discussion about the public benefits that will be provided through the
metro district mechanism.
Councilmember Summers asked about the City's annual affordable housing goals. Birks replied
the City would ultimately like 10% of its housing stock to be affordable, and the current annual
target is about 180 units per year.
Councilmember Summers noted the Northfield development includes 14.7% affordable units and
51% under $350,000. He questioned why that is seen as not enough affordable housing and noted
energy efficiency requirements drive up costs. The City needs to be fair with developers who are
attempting to not only meet but exceed affordable and attainable housing goals and are doing an
adequate job with energy efficiency.
Councilmember Pignataro stated there may need to be a broader conversation about metro districts.
City Attorney Daggett noted the motion on the table is to continue this item.
Councilmember Cunniff stated he was prepared to vote against this application because the
definition of extraordinary outcomes is vague. The metro district policy needs to be reexamined
and made more specific. He also expressed concern about the inclusion of things like a pool which
are not public amenities. He would like to see more work done on the triple bottom line analysis
prior to September 17 and expressed concern population growth is counteracting climate action
efforts.
Councilmember Cunniff stated he would support the motion to continue the item but expressed
concern about the metro district policy.
Councilmember Pignataro asked if a metro district has ever been denied. Birks replied there have
been a few that were continued and additional changes requested.
Councilmember Pignataro asked what would happen if one were to be denied. Birks replied there
is no longer an opportunity for the metro district to move forward with its target election date at
some point which may or may not impact the fundamental feasibility of the developer to be able
to move forward with the project. He noted the September 17
th
meeting would be the last meeting
that this developer would have the opportunity to request Council consider the service plan before
this year's November election.
City Attorney Daggett noted Council is not required to approve metro districts.
September 3, 2019
City of Fort Collins Page 246
RESULT: RESOLUTION 2019-092 POSTPONED TO SEPTEMBER 17, 2019 [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• OTHER BUSINESS
Councilmember Pignataro noted the state has recently provided municipalities the option to set
their own minimum wage and stated she would like to explore what it would take to do a study to
determine how to answer certain questions, such as how many community members a minimum
wage increase would affect; how the business community feels about the issue; and the results of
a wage increase in other similarly sized municipalities. She requested and received support to
investigate this possibility.
Mayor Pro Tem Stephens asked if there was a timeline enacted by the state on the ability for
municipalities to enact their own minimum wage. City Attorney Daggett replied the statute
includes an unusual limitation on the percentage of local governments that can adopt a local
minimum wage; therefore, timing will be affected by that.
Councilmember Gorgol requested Council support to direct staff to bring forth a resolution related
to welcoming immigrants and immigrant trust.
Mayor Pro Tem Stephens suggested getting some clarification between the community trust
ordinance and this potential resolution which could perhaps be more focused on local rather than
national issues.
Councilmember Summers stated there are far more important issues than this in terms of Council
priorities. He stated there is no reason for Council to be the caretaker of every individual's feelings
and questioned why immigrants who have been living in Fort Collins for years are suddenly
frightened.
Mayor Pro Tem Stephens stated the goal is to care about people in the community and suggested
a community conversation occur in October to garner the perspectives of residents.
Councilmember Gorgol noted equity and inclusion are Council priorities and not all residents feel
included or safe. She supported having a community conversation prior to drafting a resolution.
Councilmember Gutowsky stated she supports both the community conversation and some type of
written statement of trust for the community.
Councilmember Cunniff agreed a statement about the community's values should be made.
Councilmember Gutowsky stated she would like the scope of the statement to be limited to Fort
Collins.
Mayor Troxell stated Council should listen and create relationships through the community
conversation.
Councilmember Pignataro stated the community conversation will be valuable in determining from
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City of Fort Collins Page 247
residents what needs to be resolved and how.
Councilmember Summers stated he would like to see non-critical boards and commissions meet
every other month unless Council business requires otherwise, beginning in 2020.
Councilmember Cunniff noted board and commission members, with a few exceptions, are not
being replaced and some boards are at risk of not having a quorum. The existing structure should
be fully resourced and staffed until a new structure is formulated.
City Manager Atteberry noted there will be a work session item on reimagining boards and
commissions on September 24.
Councilmember Pignataro asked if it would be prudent to place a moratorium on metro districts
until this Council's priorities are adequately placed in the metro district policy. Councilmember
Cunniff replied he would support that.
Josh Birks, Economic Health Director, stated Northfield is pending and staff has received
indication that an amendment to Block 23, which predates this policy, will be forthcoming. He
also noted the next available election for metro districts to be formed would be November 2020.
Councilmember Gutowsky asked how Council provides input to staff regarding revisions to the
Northfield plan prior to September 17. City Manager Atteberry replied staff will be meeting with
the developer and PICA representatives and will rely on past policy direction, which he
acknowledged is advisory and not regulatory.
Deputy City Manager Mihelilch mentioned some of the items that will be discussed with the
developer.
Mayor Pro Tem Stephens discussed the importance of having some flexibility in the metro district
policy.
City Attorney Daggett suggested staff could return with a suggested process for reviewing the
metro district policy. Councilmembers agreed.
• ADJOURNMENT
The meeting adjourned at 10:16 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 248
September 17, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• PUBLIC COMMENT
Cheryl Distaso, Fort Collins Community Action Network, expressed concern about the use of
permethrin, a known carcinogen, for mosquito control. She questioned whether there is any
research that spraying permethrin reduces the incidents of West Nile Virus and expressed concern
regarding the execution of spraying on September 8.
Rich Shannon requested the subject of improved Medicare for all be included in Council's
legislative policy agenda.
June Hyman Cisnoski, League of Women Voters of Larimer County, supported a national health
insurance plan financed by general taxes to provide universal healthcare. She discussed the City's
goals that related to universal healthcare and requested Council include the topic in its legislative
policy agenda.
Forrest Carlson expressed concern about the use of permethrin-based pesticides as well as
herbicide and pesticide spraying in general.
Howard Wasserman supported the Linden Street renovation project that maintains as many
diagonal parking spaces as possible.
Eric Sutherland requested Council pledge to ensure none of the tax revenues coming from a
proposed School District tax increase would be diverted to the Downtown Development Authority
or Urban Renewal Authority.
Reverend Andrew Boesenecker requested the subject of universal healthcare be included in
Council's legislative policy agenda.
Jamie Stein expressed concern about the use of permethrin for mosquito control. She stated there
are better alternatives.
Nadia Hare expressed concern about the removal of parking as part of the Linden Street
redevelopment.
Liz Tufte expressed concern about the use of permethrin for mosquito control.
September 17, 2019
City of Fort Collins Page 249
Vicky McLane, Larimer Alliance, urged Council to reinstate the City's moratorium on oil and gas
development.
Janice Lynne expressed concern about the negative health effects of ozone resulting from oil and
gas development in the area. She urged Council to revisit the City's moratorium on oil and gas
development.
Debbie Bjork urged Council to reinstate the City's moratorium on oil and gas development.
Susan Wilmer expressed concern about the removal of parking as part of the Linden Street
redevelopment. She supported the plan which will maintain the most diagonal parking spaces.
Wally VanSickle supported the Linden Street redevelopment plan which will maintain the most
diagonal parking spaces.
George Grossman supported the Linden Street redevelopment plan which will maintain the most
diagonal parking spaces.
Cynthia Scarpa requested the animal noise ordinance be updated to put parameters around the
terms “excessive, continuous, and untimely” and requested consistency in how complaints are
handled by animal control.
Shirley White opposed allowing fracking in the city.
Myles Crane, Senior Advisory Board, announced an event called Intergenerational Conversations
at the Senior Center.
Marta Acree supported the Linden Street redevelopment plan which will maintain the most
diagonal parking spaces.
Nicky (no last name given) expressed concern about the use of permethrin for mosquito control.
Linda Roth supported the Linden Street redevelopment plan which will maintain the most diagonal
parking spaces.
Viv (no last name given) read a letter from a student regarding the lack of education about climate
change in schools. She expressed concern about the use of permethrin for mosquito control.
Janelle Williams supported the Linden Street redevelopment plan which will maintain the most
diagonal parking spaces.
Jarrel Klaver expressed concern about the Linden Street redevelopment project.
Virginia McAulife stated an alternative to make no changes to Linden Street was not presented
and stated she would support the option preserving the most parking.
Hugh Kapong expressed concern about the use of permethrin for mosquito control.
Susan McFadden requested Council use its leadership to protect future generations from the
harmful effects of climate change. She requested Council support PICA's metro district policy
framework.
September 17, 2019
City of Fort Collins Page 250
Ted Walkup, Poudre Canyon Group of the Sierra Club, requested Council mandate greater energy
efficiency and more affordable housing in metro districts.
Nick Francis, Partners in Climate Action, PICA, questioned why staff has yet to meet with
representatives from his organization regarding the co-creation of metro district policy.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Cunniff requested an update as to when Council will be addressing the mosquito
spraying issue. City Manager Atteberry replied the conversation should begin in the winter and
be completed in mid-spring. Mike Calhoon, Director of Parks, replied a conversation with the
technical advisory committee will occur at the end of the year and a discussion around what was
learned from this season will occur resulting in recommendations to Council in the spring.
Mayor Pro Tem Stephens thanked the speakers and noted most discussed topics are on upcoming
agendas. She stated Council may consider adding healthcare to its legislative policy agenda at
some point.
Councilmember Pignataro thanked the speakers and requested assurance that the public will be
made aware of mosquito spraying discussions over the winter. She stated she would consider
bringing up Medicare for all under Other Business as it does touch on four City priorities. She
questioned why the PICA representatives have yet to be granted a meeting with City staff. City
Manager Atteberry replied he will look into the issue and inform Council.
Councilmember Gorgol requested an overview of the communication between PICA
representatives and City staff. City Manager Atteberry replied he would return with information
quickly.
Councilmember Gutowsky thanked the small business owners who expressed concern about losing
parking on Linden Street. She stated she would like to revisit the topic under Other Business.
Councilmember Cunniff noted the Legislative Policy Committee could also opt to consider the
inclusion of universal healthcare on its agenda.
City Manager Atteberry stated conversations have occurred with Linden Street area businesses and
more are planned, including an open house on September 30. An administrative recommendation
will be coming in the first couple weeks of October and following that, Council will have the
opportunity to weigh in.
• CONSENT CALENDAR
Councilmember Summers withdrew Item No. 4, Second Reading of Ordinance No. 111, 2019,
Amending Section 17-142 of the Code of the City of Fort Collins Regarding Public Nudity, from
the Consent Agenda.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt and
approve all items not withdrawn from the Consent Agenda.
September 17, 2019
City of Fort Collins Page 251
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Consideration and Approval of the Minutes of the August 20, 2019 Regular Council Meeting
and the August 27, 2019 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the August 20, 2019 Regular Council Meeting
and the August 27, 2019 Adjourned Council Meeting.
2. Second Reading of Ordinance No. 109, 2019 Appropriating Prior Year Reserves in the General
Fund for the Waste Innovation Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 3, 2019, moves $51,275
accumulated during 2018 in the Waste Innovation Fund account into the City's General Fund account
for approved projects to develop new organizational processes that enable departments to divert more
waste material from landfill disposal.
3. Second Reading of Ordinance No. 110, 2019, Increasing the Current Loan Fund Available for
the Epic Loan Program and Appropriating Funds for the Program from Reserves in the Light
and Power Fund. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 3, 2019 increases from $1.6
million to $2,488,350 the revolving loan fund available in the Utilities’ Light and Power Fund to provide
loans to Utilities’ customers under the Epic Loan Program (Program) and to appropriate these funds
for the Program. This increase in the loan fund is the result of the City recently receiving for the
Program a grant of $200,000 from the Colorado Energy Office and a grant of $688,350 from Bloomberg
Philanthropies. The Program, formerly known as the On-Bill Utility Financing Program, provides low-
cost financing to Utilities’ customers for energy efficiency, water efficiency, and renewable energy
improvements.
The Ordinance also provides that this loan fund will increase by three proposed future borrowings by
the City’s Electric Utility Enterprise from third-party lenders as these borrowings are approved by the
Board of the Enterprise. These borrowings are: (i) up to a $1 million loan from the Colorado Energy
Office, (ii) up to a $2.5 million loan from U. S. Bank (to be considered by the Board of the Enterprise
on Second Reading at this September 17 meeting), and (iii) up to a $1.5 million loan from either the
Colorado Clean Energy Fund or a bank partnering with it (Enterprise Borrowings). If the Enterprise
Borrowings are approved by the Enterprise Board, the revolving loan fund for the Program will be
increased under the Ordinance to $7,488,350.
4. First Reading of Ordinance No. 112, 2019, Appropriating Prior Year Reserves in the Data and
Communications Fund for Implementation of Electronic Plan Review. (Adopted)
The purpose of this item is to appropriate funds from the reserves of the Data and Communications
Fund for implementation of electronic plan review as part of the building permit process.
5. First Reading of Ordinance No. 113, 2019, Amending the City of Fort Collins District-Precinct
Map to Reflect Changes in County Precinct Boundaries and Waiving the Redistricting
Requirement of Section 7-87(d) of the City Code. (Adopted)
The purpose of this item is to align City precinct boundaries with County precinct boundaries as
required by Section 7-66 of the City Code. None of the divided precincts affect Council district
boundaries.
September 17, 2019
City of Fort Collins Page 252
6. First Reading of Ordinance No. 114, 2019, Vacating Portions of Rights-of-Way Dedicated on the
Waterfield Third Filing Plat. (Adopted)
The purpose of this item is to vacate various rights-of-way dedicated on the Waterfield Third Filing plat
that are no longer necessary or desirable to retain for roadway purposes. The rights-of-way vacation
includes various public road rights-of-way within the Waterfield development. The property is being
sold to a new developer who is proposing a revised project layout. The existing on-site road rights-of-
way need to be vacated prior to recording the new plat. The vacation will not impact any existing
rights-of-way of adjacent public streets (North Timberline Road, East Vine Drive, East Suniga Road,
Merganser Drive (south of Suniga Road), Turnberry Road or Conifer Street). The property is currently
proposed to be replatted as Waterfield Fourth Filing.
• STAFF REPORTS
A. Long-Term Homelessness Entries and Exits (staff: Beth Sowder)
Beth Sowder, Social Sustainability Director, discussed the City's priority on making homelessness
rare, short-lived, and non-recurring. She discussed the metric which is related to long-term
homelessness, or homelessness of six months or longer. The City's goal is to have more exits than
entries into long-term homelessness per quarter. Sowder detailed the homelessness initiatives in
the community and noted a new supportive housing complex, Mason Place, will begin construction
this month and Council will receive an update from Homeward 2020 in February.
Mayor Pro Tem Stephens commended the presentation and data collection efforts. She requested
information on the Myrtle Street single-occupancy project. Sowder replied there are 15 single-
room units in a converted home and it is specifically for people exiting incarceration.
Mayor Pro Tem Stephens thanked David Ruth, Homeward Alliance and Murphy Center Executive
Director, for his work in the community and asked about the success of the evening hour programs
at the Murphy Center. Mr. Ruth replied 725 people were served during evening hours last year
from December through April 30. Evening hours will begin in November this year. He discussed
the positive impact of the evening hours on the community.
Mayor Pro Tem Stephens asked if there are statistics available regarding where individuals exiting
homelessness went. Mr. Ruth replied approximately one-third moved out of Fort Collins and the
vast majority of those who received housing in Fort Collins did so through Housing Catalyst or
another affordable housing program.
Councilmember Summers asked about the growth in active long-term homelessness from the
second quarter of 2018 through the second quarter of 2019. Mr. Ruth replied the main reason is
better data collection. Entry and exit numbers are more significant.
Councilmember Summers asked about the criteria that determines the success of Redtail Ponds.
Sowder replied the project has been award-winning and there is a low level of turnover and a great
deal of support. She could provide additional details from Housing Catalyst at another time.
Mayor Pro Tem Stephens discussed the success of Redtail Ponds.
• COUNCILMEMBER REPORTS
Councilmember Gutowsky reported on a visit to Harmony Cottages celebrating Poudre High
School building its fourth home for Habitat for Humanity.
September 17, 2019
City of Fort Collins Page 253
Councilmember Pignataro reported on the Election Code Committee and Futures Committee
meetings and on the La Familia fundraiser.
Mayor Pro Tem Stephens reported on the North Front Range Metropolitan Planning Organization
and I-25 coalition meetings. She stated the area has recently been downgraded to a serious non-
attainment area for ozone.
Mayor Troxell reported on a Rotary Club breakfast with three former mayors and a Boys and Girls
Club fundraiser.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
7. Second Reading of Ordinance No. 111, 2019, Amending Section 17-142 of the Code of the City
of Fort Collins Regarding Public Nudity. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 3, 2019, amends the public
nudity City Code provisions to make them consistent with the permanent injunction issued by the
United States District Court and agreed to by the City.
In response to Council questions during First Reading about the definition of “public place” in Section
17-142(a)(3), staff has made changes to the Ordinance on Second Reading to clarify the exception for
protected activities, to ensure it is clear and includes those activities that would be protected, and to
move the exception into Section 17-142(b) with the other exceptions to the prohibition on public nudity.
The Ordinance was published on the City website on Tuesday, September 10.
Councilmember Summers stated he pulled the item in order to discuss possible pending Supreme
Court action.
Wes Moore stated he does not believe allowing public nudity is beneficial for the community and
stated the proposed changes could potentially cause a more expensive legal battle than would
moving forward with a possible Supreme Court case.
David Pierce opposed Council's adoption of the Ordinance on First Reading and requested Council
oppose it on Second Reading.
Ray Martinez stated there is a likely chance the Supreme Court will hear this type of case, which
is being brought forth by New Hampshire, and questioned the rush to pass an Ordinance that is
redundant of the court-issued injunction.
Rich Stave opposed treating individuals differently and stated this has nothing to do with
pornography. He stated personal liberty should not be governed.
Councilmember Summers discussed how the Supreme Court selects cases and stated there is a
very good chance it would take up this issue. There is no need to rush to adopt this Ordinance on
Second Reading.
Mayor Troxell requested details regarding the New Hampshire case. City Attorney Daggett
replied a town in New Hampshire had a law similar to the toplessness provision currently on the
books in Fort Collins. The town was sued by the same organization as was Fort Collins; however,
the town succeeded in court and the toplessness advocates are seeking Supreme Court review in
September 17, 2019
City of Fort Collins Page 254
the case. There is less likelihood the Supreme Court would take the case as it is not necessarily in
conflict with much of the other case law that has been decided on the issue.
City Attorney Daggett noted Fort Collins' time for seeking Supreme Court review has passed and,
pursuant to Council direction in May, the City moved forward to negotiate a settlement with the
plaintiffs in the case and a permanent injunction keeping the City from enforcing this part of the
Code has been issued. If there were to be action at the Supreme Court level that would modify the
state of the law on the issue, the City would have the opportunity to reopen the issue. There are
also practical benefits to removing unenforceable language from the Code.
Councilmember Summers asked when the Supreme Court would need to accept the New
Hampshire case. City Attorney Daggett replied it would be difficult to peg a date; therefore, should
Council not wish to adopt the Ordinance on Second Reading, she recommended it be postponed
indefinitely.
Councilmember Gutowsky stated she would favor a postponement.
Councilmember Summers made a motion, seconded by Councilmember Gutowsky, to postpone
consideration of Ordinance No. 111, 2019, indefinitely.
Councilmember Cunniff stated he would not support the motion as it causes enforcement
confusion to have unenforceable laws on the books. Existing state law covers his concerns.
Mayor Pro Tem Stephens agreed and stated she would not support the motion.
Mayor Troxell stated he would support the motion citing the fact this lawsuit was brought forth by
non-community members.
Councilmember Gutowsky stated the Ordinance on the books reflects the city's values and it is
worth holding onto and waiting to see if another legal process will allow its reinstatement.
The vote on the motion was as follows: Yeas: Troxell, Gutowsky and Summers. Nays: Stephens,
Gorgol, Pignataro and Cunniff.
THE MOTION FAILED.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 111, 2019, on Second Reading.
Mayor Troxell stated he would support the motion given its unanimous vote on First Reading.
Councilmember Summers stated equal treatment is a matter of sociology, not biology and he will
therefore oppose the motion.
September 17, 2019
City of Fort Collins Page 255
RESULT: ORDINANCE NO. 111, 2019 ADOPTED ON SECOND READING [5 TO 2]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Stephens, Troxell, Cunniff
NAYS: Gutowsky, Summers
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
• DISCUSSION ITEMS
8. Resolution 2019-092 Approving the Northfield Metro District Nos. 1 through 3 Consolidated
Service Plan. (Defeated)
The purpose of this item is for City Council to consider approval of the Northfield Metropolitan District
Nos. 1 through 3 Consolidated Service Plan (the “Service Plan”). The developer of the proposed
Northfield Development has submitted the Service Plan to support the proposed development of
approximately 56 acres located north of Vine Street on the west side of Lindenmeier Road/Lemay
Avenue (southeast of the Lake Canal and north of the to-be designated historic Alta Vista
neighborhood). The development is anticipated to include 442 residential units and a mixed-use center
that will offer light commercial use on the first floor, residential for-rent units on the second floor, and
small amenities open to the public. The project has committed to provide approximately 15 percent
for-sale affordable housing units. A Mill Levy Cap of 50.00 mills has been proposed under the Service
Plan to support the project.
As per the Council’s Metro District Policy, proceedings for a public hearing for a Metro District Service
Plan public hearing are as follows:
1. Announcement of item
2. Consideration of any procedural issues
3. Explanation of the application by City staff
4. Presentation by the applicant (suggested time: 15 minutes)
5. Public testimony regarding the application
6. Rebuttal testimony by the applicant (suggested time: 10 minutes)
7. Councilmember questions of City staff and the applicant
8. Motion, discussion and vote by City Council.
The public hearing for this Service Plan was previously noticed in accordance with Council’s Metro
District Policy to be conducted at Council’s August 20, 2019, meeting. However, Council voted at that
meeting, as authorized in Section 2.c. of the Council’s Rules of Procedure, to continue this matter to
the Council’s next regular meeting, which is this September 3, 2019, meeting. The applicant mailed
on August 22, 2019, notice of this continuance to the fee-title owners of property within the proposed
Districts and published this notice in the Coloradoan on August 24, 2019.
At its September 3, 2019 meeting, the Council adopted a motion to again continue the hearing,
rescheduling the hearing for this September 17, 2019 meeting.
Mayor Troxell outlined the process for the hearing.
Jason Sherrill, Landmark Homes, introduced himself as the applicant representative and
introduced members of his group.
Mayor Troxell requested individuals come forward with procedural issues.
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City of Fort Collins Page 256
Councilmember Cunniff stated he has had conversations with community members about metro
districts in general, though not in particular, and he does not believe that has any affect on his
ability to participate.
Councilmembers Pignataro, Gutowsky, and Gorgol and Mayor Pro Tem Stephens stated they are
in the same position.
Robert Rogers, White Bear and Ankele, stated he was made aware of some email communications
from PICA to Council and had some conversations with staff members about those messages
though he will not reference them in his presentation.
Josh Birks, Economic Health Director, discussed the project, located west of Lemay Avenue north
of the Alta Vista neighborhood. The current plan is for a multi-year, master-planned and phased
project to include 442 residential units. The service plan calls for 65 of the units to be affordable
at an 80% AMI level through a minimum of 20 years and complies with all key technical
provisions of the current policy and model service plan. Birks detailed those provisions and
discussed the stretch goals upon which this plan touches. The triple bottom line scans for metro
districts involve comparing the metro district proposal and service plan against a code-based
development, not against no development.
Mr. Sherrill discussed Landmark Homes’ focus on quality and providing home-ownership
opportunities. The location of this project is ideal and will create those opportunities. Mr. Sherrill
described the project noting it contains 47% green space. The combined mils for homeowners in
this development are lower than other Front Range metro district projects his company has built
and detailed the affordability, accessibility, energy efficiency, and connectivity aspects of the
project.
Nick Francis expressed concern about the process, stating the applicant, despite having a solid
presentation, did not hear concerns early enough. He questioned solar aspects of the project, why
so many of the energy efficiency components are only available for the market-rate units, whether
the pool and clubhouse are truly a public benefit, and whether the affordable units will be available
for purchase.
Rich Stave asked how the proposal complies with the Colorado Revised Statutes and questioned
the affordability and maintenance requirements of the project.
Mr. Sherrill stated the affordable component of the project has been discussed with Mercy
Housing, which is predominantly a for-rent provider. The units will be for rent but will be
available at 60% AMI. The clubhouse will be available for rent for other neighboring areas.
Ryan Moore, Green Insight, discussed the energy efficiency modeling for the project.
Councilmember Cunniff asked if some of the items on the public improvements list are funded by
the metro district mill levy. Birks replied the items listed in the service plan are those upon which
the capital mill levy can be spent.
Councilmember Cunniff asked if these items still must be completed on projects without metro
districts. Birks replied in the affirmative.
September 17, 2019
City of Fort Collins Page 257
Councilmember Cunniff asked if development impact fees are collected on these units. Birks
replied in the affirmative and stated the improvement cost estimates are net any sort of credit the
development might get as a result of items being funded by those fees.
Councilmember Cunniff asked when the last housing unit was constructed in a metro district in
Fort Collins. Birks replied the last units were the 400 apartments at Foothill Mall, which was the
first metro district in decades.
Councilmember Cunniff argued the city does not need metro districts in order for development to
occur given that fact. He asked why a calculation in the staff report shows a higher mortgage
payment for a house not in a metro district versus one in a metro district. Rachel Rogers, Economic
Health, replied the number indicates owners of metro district homes have less available income to
spend on their mortgage payment given the impact of metro district mill levies. Birks noted the
metro district tax burden is taken into account in setting the sales price for affordable units.
Councilmember Cunniff asked if metro districts are the only tool available to Colorado home-rule
cities for affordable housing purposes. Birks replied in the negative.
Mayor Pro Tem Stephens asked if the affordable housing units will all be rental units. Birks replied
there is a commitment to provide 65 units at or below 80% AMI with a 20-year commitment for
affordability. That commitment is not specific to rental or purchase units. Mr. Sherrill stated the
agreement with Mercy Housing may result in more than 65 rental units, but they could be available
for 60% AMI.
Mayor Pro Tem Stephens asked why the affordable units do not possess the same energy efficiency
options. Mr. Sherrill replied the letter of intent with Mercy Housing involves Landmark Homes
selling them the parcel at a significant discount for them to construct the affordable housing
products. He stated Mercy Housing has a standard of “green enterprise community”.
Councilmember Gorgol asked if the service plan can require the affordable housing to have the
same level of energy efficiency as the market-rate units. Birks replied that would be possible. Sue
Beck-Ferkiss, Social Policy and Housing Program Manager, replied it will be difficult to commit
a partnering organization, such as Mercy Housing, to the same standards. Mercy Housing usually
uses low income housing tax credit funding which requires enterprise green environmental
standards. While going above those standards is possible, it adds cost and costs must be kept low
in order to access tax credit funding. Ultimately, Mercy Housing would need to be asked if they
could accommodate additional energy efficiency components.
Mayor Pro Tem Stephens asked if much of the affordable housing in the community is built to the
enterprise green standards. Beck-Ferkiss replied in the affirmative and stated the standards are
similar to LEED silver standards.
Mayor Troxell asked about the wastewater system that needs to be replaced. Birks replied it is
within the Fort Collins system and it needs to be upgraded and upsized. The residents of the metro
district would not be paying the bill for the entire length of time; however, it will allow for the
infrastructure to be put into place and have the costs later reimbursed by the City.
Mayor Troxell asked what the impact fees will fund. Birks replied those funds will help offset the
impact of this project on various pieces of infrastructure.
September 17, 2019
City of Fort Collins Page 258
Mayor Troxell asked if there is any overlap between what the impact fees and metro district fund.
Birks replied in the negative.
Councilmember Cunniff stated homeowners in metro district developments are not able to
capitalize on property taxes that would have otherwise been considered as part of the value of the
house.
Mayor Troxell asked about the proposed landscaping of the green space. Mr. Sherrill replied there
will be a combination of more drought-tolerant plantings and other treatments that will be irrigated
with raw water.
Councilmember Gorgol asked about the pricing of the units. Mr. Sherrill replied the projected
pricing is $290,000 to $440,000 in today's dollars.
Councilmember Gorgol requested additional affordability components from the applicant and
suggested language related thereto. Mr. Sherrill replied the language is acceptable.
Councilmember Gutowsky asked about the distinct advantages to the developer for using a metro
district. Mr. Sherrill replied this project would look very differently without the benefit of a metro
district. The energy efficiency commitments and affordable housing component would not be
included.
Mayor Pro Tem Stephens made a motion, seconded by Mayor Troxell, to adopt Resolution 2019-
092.
Mayor Pro Tem Stephens stated she would like the language related to a 60% AMI for the rental
units included in her motion. Mayor Troxell accepted that as the seconder of the motion.
City Attorney Daggett read the exact language change into the record.
Councilmember Summers stated he was unsure the change is wise to impose on the developer.
Mr. Sherrill stated he is relying upon Mercy Housing which has stated it can make the 60% AMI
number work.
Mayor Pro Tem Stephens stated the 60% AMI number is common among affordable rental units
in Fort Collins.
Councilmember Summers asked if the 80% AMI units, per the service plan, are deed restricted.
Birks replied they would need to be deed restricted for a minimum of 20 years.
Councilmember Summers stated buying a deed restricted property is essentially the same as
renting as the resale price is so much lower and there are no benefits of appreciation.
Mayor Pro Tem Stephens requested input from staff. Beck-Ferkiss replied she would not equate
purchasing a deed restricted unit to renting. It does not provide the full benefit of home ownership
in the market for wealth appreciation, but there is generally some appreciation split and equity,
which does not occur in a rental situation.
Councilmember Summers stated purchasing deed restricted units does not help anyone move from
subsidized housing to non-subsidized housing. Beck-Ferkiss replied there has been a great deal of
appreciation benefit for owners in Provincetowne.
September 17, 2019
City of Fort Collins Page 259
Mayor Pro Tem Stephens thanked staff for working with the developers in getting additional
energy efficiency and thanked the developers for working with Mercy Housing in getting
affordable units. She stated this project will help deliver missing middle market housing in an area
close to Old Town and transportation hubs.
Councilmember Gutowsky expressed concern this project does not deliver extraordinary public
benefits and requested the applicant address that concern. Mr. Sherrill replied the extraordinary
public benefits include the expanded energy efficiency standards, affordability, a clubhouse
offered for attainable homeowners, as well as the construction of Suniga and other capital projects.
Councilmember Gutowsky asked if buyers are well informed of the additional metro district taxes
at the time of purchase. Mr. Sherrill replied in the affirmative and discussed the ongoing operations
and maintenance commitments of metro districts which aid residents.
Councilmember Pignataro stated her definition of extraordinary public benefit involves citizens
living beyond the neighborhood and includes Fort Collins as a whole. She thanked the applicants
for their work and stated she would like to see Council further detail its expectations in upcoming
metro district discussions.
Councilmember Cunniff expressed concern regarding the definition of extraordinary benefits in
the metro district policy. This project does not provide extraordinary projects, citing other
affordable housing projects with clubhouses. He also discussed Fort Collins' growth rate and the
lack of metro districts' participation in that growth rate. He would prefer to leave the mill levy
flat, or have metro districts for very specific outcomes, and leave the ability for the school district,
county, or other entity to assess a wider mill levy that would be evenly spread across the city.
Mayor Pro Tem Stephens stated there is a public benefit in gaining attainable and affordable
housing and current developers are not making room for that type of housing. She supported the
middle housing provided by this development and stated its ability to provide affordable housing
and meet stretch goals are important.
Councilmember Summers agreed with Mayor Pro Tem Stephens and thanked the developers for
their work on the development. The existing metro district policy needs to be used to evaluate the
project and there are commendable public benefits for the targeted population. He would support
the motion.
Councilmember Gorgol expressed concern about the prices of the units being attainable,
particularly given the additional metro district tax. Those taxes place an increased burden on the
attainable housing units and she opposed the separation of the affordable housing physically and
by energy efficiency options.
Mayor Troxell stated he would support the motion and stated that while Council will address the
metro district criteria, the applicant effectively met the existing criteria. Opposing this will go
against existing City objectives of various types. He expressed concern that discarding metro
districts as a tool would make it more difficult to accomplish community stretch goals and this
proposal deserves approval.
September 17, 2019
City of Fort Collins Page 260
Councilmember Gutowsky expressed concern regarding not extending energy efficiency
expectations to the affordable housing component and stated she is unsure of the extraordinary
public benefit the project provides.
RESULT: RESOLUTION 2019-092 DEFEATED [3 TO 4]
MOVER: Kristin Stephens, District 4
SECONDER: Wade Troxell, Mayor
AYES: Summers, Stephens, Troxell
NAYS: Pignataro, Gorgol, Gutowsky, Cunniff
City Attorney Daggett noted there was some discussion regarding staff bringing forth a resolution
about the reasons for disapproval of the metro district at the next meeting and suggested Council
may make a motion to do so.
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to direct staff to
return with a resolution explaining the reasons for denial to include the insufficient public benefits
compared to the desire for extraordinary benefits, the unequal application of the energy benefits to
the affordable portions of the development, the unequal factor of the high mill assessment, and the
fact that other developments are occurring in Fort Collins without the benefit of a metro district.
Mayor Troxell questioned where the proposal fell short on affordability and energy efficiency.
Councilmember Cunniff replied it fell short on expanding the energy efficiency components to the
affordable units and stated there were missed opportunities on extraordinary benefits in terms of
replacing natural gas heating with other options.
Councilmember Pignataro disagreed with the applicant's assessment of the number of citizens who
may be able to afford this housing and stated the proposed pool is not a public amenity.
Mayor Troxell noted this resolution would be explanatory in nature.
The vote on the motion was as follows: Yeas: Gutowsky, Cunniff, Stephens, Troxell, Gorgol and
Pignataro. Nays: Summers.
THE MOTION CARRIED.
RESULT: MOTION RETURN WITH A RESOLUTION EXPLAINING THE REASONS FOR
DENAL [6 TO 1]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Stephens, Troxell, Pignataro, Gorgol, Gutowsky, Cunniff
NAYS: Summers
Motion to continue past 10:30 PM
Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Stephens, to continue the
meeting past 10:30 PM to consider any additional business as may come before Council and to
consider the Electric Enterprise Utility agenda.
September 17, 2019
City of Fort Collins Page 261
RESULT: ADOPTED [6 TO 1]
MOVER: Ross Cunniff, District 5
SECONDER: Kristin Stephens, District 4
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS: Summers
• OTHER BUSINESS
Mayor Pro Tem Stephens requested and received Council support to request additional
examination of the noise ordinance code related to animal noise.
Councilmember Cunniff requested additional information regarding the downtown parking plan.
City Manager Atteberry replied data is being gathered and briefly discussed the idea of long-term
parking being located in the parking structures and short-term turnover parking being located on
street.
• ADJOURNMENT
Consideration of a motion to adjourn to 6:00 p.m., Tuesday, September 24, 2019.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that Council
adjourn this meeting to 6:00 p.m., on Tuesday, September 24, for consideration of a possible
executive session and for such other business as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
The meeting adjourned at 11:05 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 262
September 24, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• ROLL CALL
PRESENT: Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
ABSENT: Pignataro
Staff present: Atteberry, Daggett, Coldiron
1. Consideration of a motion to adjourn into executive session.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that the City
Council go into executive session for the purpose of meeting with the City’s Attorneys and City
management staff to discuss the following matters as permitted under City Charter Article II,
Section 11(2), City Code Section 2-31(a)(2) and Colorado Revised Statutes Section 24-6-
402(4)(b):
1. Specific legal questions related to potential litigation regarding the City’s responsibility for
environmental remediation of conditions at the Larimer County Landfill; and
2. Specific legal questions related to a draft Compliance Order on Consent pertaining to
environmental remediation of conditions at the Larimer County Landfill.
Eric Sutherland questioned why Council believes it can receive accurate information from the City
Attorney given the routine examples of misinformation given to Council by the City Attorney. He
argued Council should never have considered the service plan for Northfield Metro District at its
last meeting and stated citizens cannot trust the City Attorney nor should Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
ABSENT: Pignataro
• OTHER BUSINESS
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, that Council
suspend its rules of procedure to consider a motion from any Councilmember to reconsider the
motion by which it voted down Resolution 2019-092 and conduct a rehearing on the Consolidated
Service Plan for the Northfield Metropolitan District Nos. 1-3 at Council's October 1, 2019
meeting.
City of Fort Collins Page 263
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Gorgol, Gutowsky, Summers, Stephens, Troxell
NAYS: Cunniff
ABSENT: Pignataro
Jason Sherrill, Landmark Homes, thanked Council for considering a rehearing.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, that Council
reconsider the motion by which it voted down Resolution 2019-092 and conduct a rehearing on
Consolidated Service Plan for the Northfield Metropolitan District Nos. 1-3 at Council's October
1
st
, 2019 meeting.
Councilmember Cunniff stated he understands the desire of fellow Councilmembers to make some
progress on affordable housing, but this is the wrong way to go about it. He opposed the process
of suspending Council's rules and rushing through the process to meet a deadline not imposed by
Council. This is a corruption of the process that benefits one development and expressed concern
there are no guarantees for Council to receive the benefits it is requesting. He would prefer to see
Council tighten its metro district policies to define extraordinary benefits.
Mayor Troxell stated this action shows Council is supporting its processes and the trust it has
developed throughout the community. He agreed metro district policies need to be addressed;
however, this project meets existing objectives and metro district stretch goals.
Councilmember Gutowsky stated there were several issues that concerned her which is why she
opposed the Resolution initially.
Councilmember Gorgol requested staff input regarding Councilmember Cunniff's concerns prior
to the next meeting.
Councilmember Summers agreed with Mayor Troxell and stated the service plan complies with
the existing metro district policy. The policy needs to be honored as it is.
Mayor Pro Tem Stephens stated it is important for the community to have affordable and attainable
housing.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Gorgol, Gutowsky, Summers, Stephens, Troxell
NAYS: Cunniff
ABSENT: Pignataro
City of Fort Collins Page 264
• ADJOURNMENT
The meeting adjourned at 7:25 p.m.
______________________________
Mayor
ATTEST:
________________________________
City Clerk