HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/07/2017 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE OAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY November 7, 2017
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the October 3 and October 17, 2017, Regular Council Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the October 3 and October 17, 2017, Regular Council
meetings.
ATTACHMENTS
1. October 3, 2017 (PDF)
2. October 17, 2017 (PDF)
City of Fort Collins Page 33
October 3, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
ABSENT: Cunniff
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• CITIZEN PARTICIPATION
Mary Copco, Fort Collins Symphony, announced the kick-off for the upcoming Symphony
season.
Devon Park, Fort Collins Symphony, played a French Horn piece.
Stephanie Blochowiak reported on her attendance at the American Planning Association (APA)
conference and discussed the keynote speaker, Richard Florida’s summary of his recent book,
The New Urban Crisis. She discussed three legislative priorities the APA has identified to
support stronger and more just communities through good planning.
Pat Parker, Crossroads Safehouse Executive Director, stated October is Domestic Violence
Awareness Month and discussed the services provided by Crossroads Safehouse.
John Baum opposed the proposed stormwater fees for the Blehm annexation area and discussed
the legal opinion of the City on the subject.
Carrie Clark, Crossroads Safehouse, thanked the Mayor and Council for the Domestic Violence
Awareness Month proclamation.
Jed Link discussed the importance of adequate cell service in terms of public safety.
Donna Rouner, Crossroads Safehouse Board of Directors, thanked the Mayor and Council for the
Domestic Violence Awareness Month proclamation.
Howard Dotson requested that the Fort Collins Council and other municipalities pass resolutions
denouncing white supremacy, stating now is the time for moral leadership.
• CITIZEN PARTICIPATION FOLLOW-UP
City Attorney Daggett stated Council had discussed enacting a provision that would allow
Council to modify the stormwater fee for a temporary period at the time of annexation. In
discussing the topic, Council decided the preferred approach would be to look at the stormwater
fee calculation process, rather than making an exception for that annexation.
October 3, 2017
City of Fort Collins Page 34
Councilmember Summers stated he would like to see consideration for the homeowners in the
Blehm Annexation area. Kevin Gertig, Utilities Executive Director, replied Utilities staff would
be happy to meet with residents and report back to Council.
Mayor Pro Tem Horak stated he would like to see a broader examination of the fee calculation.
Councilmember Martinez asked about the citizen’s concerns relating to cell towers. Tyler Marr,
Policy and Project Analyst, replied macro towers go through the City’s land use process.
Council approved a moratorium on small cells and staff is currently in the process of developing
regulations allowing for small cells to be placed in the City rights-of-way. It is anticipated those
regulations will be before Council in November.
• CONSENT CALENDAR
Mayor Pro Tem Horak withdrew Item Nos. 4, First Reading of Ordinance No. 131, 2017,
Appropriating Prior Year Reserves in the General Fund to Reimburse Avago Wireless
Technologies (USA) Manufacturing, LLC for Use Taxes and Business Property Taxes as
Provided in Business Investment Agreements, and 5, First Reading of Ordinance No. 132, 2017,
Amending Chapter 7.5 of the Code of the City of Fort Collins Regarding the Imposition of
Capital Expansion Fees Adopted in Ordinance No. 049, 2017, from the Consent Agenda.
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, Horak
ABSENT: Cunniff
1. Consideration and Approval of the Minutes from the September 5, 2017 Regular Council
Meeting and the September 12, 2017 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the September 5, 2017, Regular meeting
and the September 12, 2017 Adjourned meeting.
2. Second Reading of Ordinance No. 129, 2017, Amending Articles 2, 3, 4 and 5 of the Land Use
Code Regarding Off-Site Construction Staging. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 19, 2017, revises the Land
Use Code to include off-site construction staging as a permitted use. This Ordinance will create a
license process to establish this use and provide requirements for approval of off-site construction
staging.
3. First Reading of Ordinance No. 130, 2017, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds or Projects. (Adopted)
The purpose of this item is to combine dedicated and unanticipated revenues or reserves that need
to be appropriated before the end of the year to cover the related expenses that were not anticipated
and, therefore, not included in the 2017 annual budget appropriation. The unanticipated revenue is
October 3, 2017
City of Fort Collins Page 35
primarily from fees, charges, rents, contributions and grants that have been paid to City departments
to offset specific expenses.
4. Resolution 2017-089 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Fox Hills Second Annexation. (Adopted)
The purpose of this item is to initiate annexation proceedings for the Fox Hills Second Annexation,
containing 20.4 acres, into the City of Fort Collins. The annexation is located approximately 3,300
feet west of the intersection of County Road 38E (Harmony Road) and Taft Hill Road. The
annexation area includes all of Red Fox Road, which is located on the south side of County Road
38E. The annexation area also includes 31 single-family dwellings and residual open land that are
part of the Fox Hills subdivision west of Red Fox Road. The requested zoning for this annexation is
the Residential Foothills (R-F) zone district, which complies with the City of Fort Collins Structure
Plan. The surrounding properties are existing residential uses.
The proposed Resolution makes a finding that the annexation petition substantially complies with the
Municipal Annexation Act, determines that a hearing should be established regarding the
annexation, and directs that notice be given of the hearing. The hearing will be held at the time of
First Reading of the annexation and zoning ordinances; not less than thirty days of prior notice is
required by state law.
5. Resolution 2017-090 Approving the Appointment of Delynn Coldiron as City Clerk. (Adopted)
The purpose of this item is to approve the City Manager’s appointment of Delynn Coldiron as City
Clerk, replacing former City Clerk Wanda Winkelmann.
• STAFF REPORTS
Carol Webb, Water Resources Treatment Operations Manager, reported on three projects funded
through the budgeting process: the chlorine contact basin capital project, the UV disinfection
capital project, and the household hazardous waste collection events funded through the
stormwater utility.
Councilmember Overbeck asked how many gallons of water are treated in the UV facility daily.
Webb replied the facility treats around 13 million gallons a day.
• COUNCILMEMBER REPORTS
Mayor Pro Tem Horak reported on the Pitkin Bikeway ribbon cutting and a trip to Washington,
D.C. to address the Halligan Reservoir project permitting and I-25 and other transportation
issues. Staff and Councilmembers also met with the Intergovernmental Affairs Office.
Councilmember Stephens reported she and Councilmember Overbeck met with Housing and
Urban Development representatives to discuss CDBG funds.
Councilmember Overbeck reported on the new scoring system for federal grant applications.
Councilmember Martinez reported on the grand opening of Haselden Construction Company on
North College.
Councilmember Overbeck reported on a visit to Riffenburgh Elementary.
Councilmember Stephens reported on a visit to Coyote Ridge Elementary.
October 3, 2017
City of Fort Collins Page 36
Mayor Troxell reported on a visit to Tavelli Elementary, the open house for the Lemay Avenue
realignment and grade-separated railroad project, and a community learning event about social
return on investment at Woodward.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
6. First Reading of Ordinance No. 131, 2017, Appropriating Prior Year Reserves in the General
Fund to Reimburse Avago Wireless Technologies (USA) Manufacturing, LLC for Use Taxes
and Business Property Taxes as Provided in Business Investment Agreements. (Adopted on
First Reading)
The purpose of this item is to appropriate $397,716 of prior year reserves from the General Fund for
a rebate to Avago Technologies Wireless (U.S.A.) Mfg., LLC. (“Avago”) for use tax and business
personal property tax rebates under two business investment agreements. The agreements
provide business investment assistance to Avago for the expansion and retrofit of Avago’s
Building 4 for a wafer fabrication facility in 2012 and for a FBAR clean room facility in 2013. These
two projects were required to create an additional 227 primary jobs in the City, and net 617 full
time equivalents.
Mayor Pro Tem Horak stated he pulled this item due to a citizen request.
Eric Sutherland stated the City Charter prohibits the type of appropriation this ordinance
contemplates and voters should be asked for their permission to amend the Charter.
City Attorney Daggett stated this issue has been addressed several times per Mr. Sutherland’s
inquiries. A Charter amendment was presented to voters in 1991 and it failed; therefore, the
Charter was not changed. Staff disagrees with Mr. Sutherland on the meaning of the Charter
language.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 131, 2017, on First Reading.
RESULT: ORDINANCA NO. 131, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ken Summers, District 3
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
ABSENT: Cunniff
7. First Reading of Ordinance No. 132, 2017, Amending Chapter 7.5 of the Code of the City of
Fort Collins Regarding the Imposition of Capital Expansion Fees Adopted in Ordinance No.
049, 2017. (Adopted)
The purpose of this item is to amend Sec. 7.5-19 of the City Code related to the Imposition,
Computation and Collection of fees for development projects that had an approved Project
Development Plan prior to the adoption date of Ordinance No. 049, 2017.
Mayor Pro Tem Horak stated he pulled this item due to a citizen request.
Linda Ripley, representing Landmark Properties, developers of The Standard, discussed the
project and its extensive development review process resulting in a unanimous vote of approval
from the Planning and Zoning Board and no opposition from citizens. Costs mounted during the
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City of Fort Collins Page 37
development review process and the addition of $763,000 in fees at this late stage in the
development review process is unfair.
Eric Sutherland discussed the shared expense of capital improvement projects and stated
revisiting the fee calculation at this point is unfair. He stated these large multi-unit residential
complexes are not creating home ownership opportunities for Fort Collins citizens.
Councilmember Summers noted consideration was given to the timing of the implementation of
the new capital expansion fees and this ordinance addresses potential issues with that timing.
Councilmember Summers made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 132, 2017, on First Reading.
Mayor Pro Tem Horak stated the length of time it may be from the time a project is approved to
when the project is built was not considered when the new fees were calculated.
City Manager Atteberry stated, of the 18 projects evaluated for this issue, this was the only one
brought before Council for a change.
RESULT: ORDINANCE NO. 132, 2017, ADOPTED [UNANIMOUS]
MOVER: Ken Summers, District 3
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
ABSENT: Cunniff
• DISCUSSION ITEMS
8. Resolution 2017-091 On a Community Trust Initiative Rescinding Resolution 2006-085 and
Directing the City Manager to Create a Task Force Regarding Immigrant Communities.
(Adopted as Amended)
This item is a proposed resolution demonstrating the City’s commitment to supporting immigrant
communities by providing clarity on organizational policies and rescinding Resolution 2006-085, as
well as creating a task force to research issues relating to immigrant community members’ needs.
(Secretary’s note: Resolution 2017-091 was mislabeled as Resolution 2017-089 in the materials
provided to City Council. The Resolution was correctly numbered and published as Resolution
2017-091; however, the motions made by Council referenced Resolution 2017-089 in error.)
Jackie Kozak-Thiel, Chief Sustainability Officer, stated the Community Trust Initiative is
specifically related to immigrant communities in Fort Collins. The community brought a
proposed ordinance in May that proposed making it illegal for City employees to ask, stop, or
detain anyone based on their citizenship status or perception thereof. Exceptions related to state
and federal law or criminal investigations were included. Based on that community ordinance,
Council directed staff to analyze and evaluate existing policies and practices to see how they
differ and align with the proposed ordinance. A report based on that evaluation was presented to
Council in July and included several recommendations for consideration, including the
consideration of a resolution rather than an ordinance.
Kozak-Thiel stated every instance in which City staff has requested citizenship documentation
was due to state and federal requirements. She discussed the public outreach and stakeholder
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group process and noted people are afraid to report crimes and interact with government
officials. Individuals requested clarity as to the City’s role, practices and policies and a
statement of support, as well as assurance of accountability on the part of employees, particularly
police officers.
Kozak-Thiel reported on changes to the City’s personnel policies which now include citizenship
status as a protected class and make it explicit when it is permissible for City employees to
request documentation. She discussed the proposed Resolution and its responses to feedback
from stakeholder groups. She stated the City is committed to continuous engagement.
Sarah King opposed the Resolution stating it does not reflect the desired aspects discussed by
stakeholders. She stated public officials need to be educated rather than citizens.
Nathan Howard opposed the Resolution and stated there are opportunities to do more regarding
accountability and sustainability.
Hanna Little, Women's Commission, expressed support for the Resolution.
Garrett Lamont stated the community supports the Community Trust Ordinance noting a federal
judge has blocked the Trump administration’s plan to take funds away from cities that do not
inquire about immigration status. He stated this Resolution does not adequately address issues or
require the implementation of a task force with power to inform Council.
Howard Dotson encouraged Council to look at the Ordinance passed by Denver for a template
and encouraged the community to stand together.
Eric Sutherland encouraged Council to consider legislation involving legally-protected rights.
He stated there are no avenues available to petition the government for redress of grievances in
civil matters.
Cheryl Distaso stated the Community Trust Coalition formed last fall presented the Community
Trust Ordinance to Council because immigrants consistently expressed fear of contact with
police if they are victims or witnesses of crime. She stated the input from stakeholders regarding
the task force duties is not reflected in the text of this Resolution. She urged an amendment to
convene a task force that would directly inform and advise Council on ways to advance
community trust as safety.
Councilmember Summers stated citizen’ fears need to be addressed rather than invoking fear in
City employees and police officers. Fear can be addressed through fact and reality. He
expressed concern that making immigration status a protected class may have legal
ramifications.
Councilmember Stephens requested staff input as to the scope of the task force. Kozak-Thiel
replied the intent of the task force is two-way communication and working to alleviate fears and
build trust.
Councilmember Stephens requested staff compare this Resolution with those of sanctuary cities.
City Attorney Daggett clarified there is no official definition of a sanctuary city; however, a
sanctuary city focuses on more aggressive efforts to interfere with the work of Immigration and
Customs Enforcement and actively prevent the kind of cooperation with federal enforcement that
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City of Fort Collins Page 39
local enforcement is expected to offer. Because the City does not operate a jail, there are
numerous issues not applicable to the City.
Councilmember Stephens requested staff input about the training employees receive regarding
these issues. Teresa Roche, Chief Human Resources Officer, replied new employees are
provided training about being welcoming to other employees and citizens. All employees must
sign a policy acknowledgement, which involves discussion.
Greg Yeager, Deputy Police Chief, stated police officers receive a great deal of initial training
and upcoming in-service training will focus on these topics.
Councilmember Martinez asked if the City has any data on undocumented immigrants reporting
crimes or being victims of crimes. Yeager replied he does not have any information regarding
undocumented reports and it likely does not exist because it is the practice of officers to not ask
about immigration status.
Councilmember Martinez asked about the process for an arrested individual following an arrest
by City Police. Yeager replied the ultimate booking process happens at the Sherriff’s detention
facility.
Sherriff Justin Smith stated irrational fears are being created. Once a person is booked into the
jail, the Sherriff’s Department has the responsibility to identify the individual for the court
system. He stated passing this type of a Resolution may have unintended consequences in terms
of receipt of federal funds.
Councilmember Martinez asked if County Sherriff deputies inquire about immigration status
when crimes are reported. Sherriff Smith replied in the negative.
Mayor Pro Tem Horak asked how Police Services uses the Police Manual in its training. Yeager
replied there are over ten policies in the manual relating to this topic. Officers are strictly
prohibited from asking victims and witnesses about their immigration status, unless those
individuals are believed to be criminal suspects.
Mayor Pro Tem Horak asked who approves the Police Manual. Yeager replied the ultimate
approval comes from the executive staff. The City Attorney’s Office and subject matter experts
review the Manual.
Mayor Pro Tem Horak asked if the Human Resources Department and City Manager’s
Department review the manual. Roche replied Human Resources staff have provided
information and counsel on the manual. City Manager Atteberry replied not every administrative
policy comes before him; however, he will provide input as requested.
Mayor Pro Tem Horak asked if the work done on this item deals with accountability,
sustainability, or a statement of support. Kozak-Thiel replied the intent of the Resolution is to
provide a statement of support in line with the City’s mission, vision, and values. Regarding
accountability, the Resolution focuses on existing policies and changes to employee policies.
Trusting relationships and outreach will aid in the sustainability of a trusting and safe
community.
October 3, 2017
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Mayor Pro Tem Horak asked how sub-contractors are verified as following policies. Roche
replied contracts can be terminated if policies are not followed; however, she will need to return
with information regarding who makes verifications.
Mayor Pro Tem Horak asked how community stakeholders will be identified. City Manager
Atteberry replied a balance of individuals will be sought. He requested Council be specific in its
action regarding whether it sees the task force solely as having an educational role or if it should
include policy.
Councilmember Summers asked if the Human Relations Commission would deal with some of
these issues. Kozak-Thiel replied the Commission has been involved. The Commission would
be one of the top resources in working with the task force.
Councilmember Summers requested staff input regarding issues in which ICE may become
involved. Yeager replied he has never had any involvement with ICE during his 23-year career.
Fort Collins Officers do not have that involvement because of the circumstances under which
they interact with community members.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt
Resolution 2017-089. (See Secretary’s note at beginning of this item)
Councilmember Overbeck asked how long the development of the proposed guiding principles
and resource document will take. Kozak-Thiel replied she anticipates that as being a near-term
step in policy clarification.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
Mayor Pro Tem Horak discussed two possible amendments which would add two whereas
clauses to the Resolution. Mayor Pro Tem Horak and Councilmember Stephens accepted the
addition of the whereas clauses as friendly amendments.
Councilmember Summers made a motion, seconded by Councilmember Martinez, to postpone
indefinitely consideration of Resolution 2017-089. (See Secretary’s note at beginning of this
item)
Councilmember Summers stated some of the issues could be better articulated in a different
format and evidence shows current City policies are being conducted in good order. More
effective communication can be dealt with through normal processes and existing departments.
Councilmember Martinez stated many of the speakers are not in favor of the Resolution.
Mayor Pro Tem Horak stated he would not support the motion and noted citizens could bring
forth a citizen-initiated ordinance. He stated the Resolution reinforces the extensive staff work
done over the last six months.
Councilmember Stephens agreed with Mayor Pro Tem Horak and stated this is a divisive issue in
the community and the nation. People have genuine fear and this Resolution provides a good
balance of not labeling Fort Collins as a sanctuary city, not breaking any federal or state laws,
and still addressing residents’ fear. The task force can then be relied on to find out what is
happening in the community.
October 3, 2017
City of Fort Collins Page 41
Councilmember Overbeck stated he would not support the motion to postpone consideration of
the Resolution.
Councilmember Martinez stated he is always in support of dialogue but would like to see this
redefined.
The vote on the motion to postpone indefinitely was as follows: Yeas: Summers and Martinez.
Nays: Overbeck, Stephens, Horak and Troxell.
THE MOTION FAILED.
Mayor Pro Tem Horak proposed an amendment to the original motion to add language relating
to listening to and addressing fears of immigrant populations through education outreach
services, programs, and partnerships. Councilmember Stephens accepted the amendment as
friendly.
Councilmember Summers made a motion, seconded by Councilmember Martinez, to amend the
Resolution directing the City Manager to establish a communication effort to inform the public
about its policies and practices and delete additional language.
Mayor Pro Tem Horak opposed the removal of the community task force.
Councilmember Summers stated his proposed language would leave the task force option
available; however, it would also allow the City Manager to establish a communication effort in
a less formalized process.
Councilmember Martinez suggested including language that the City Manager may also convene
a task force.
Mayor Pro Tem Horak stated he could accept that language but would like a specific date
identified for the City Manager to return with his information.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
City Attorney Daggett reviewed the changed language under the proposed amendment.
Mayor Pro Tem Horak and Councilmember Stephens accepted the amended language as
friendly.
Councilmember Martinez supported open communication, though he is unsure a Resolution is
the correct option. He expressed appreciation for the City’s actions and policies currently and in
the past and stated he does not want a duplication of efforts of the Human Relations
Commission. He requested regular updates between now and the end of May. City Manager
Atteberry committed to providing at least two written updates before the end of May.
Councilmember Summers stated crimes need to be reported, particularly in terms of human
trafficking.
Councilmember Stephens discussed the importance of engaging people in the immigrant
community.
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Councilmember Martinez commended City Manager Atteberry, Kozak-Thiel and other staff for
their work.
Mayor Troxell commended Councilmembers for working through this. He stated Fort Collins is
not a sanctuary city, but is and needs to be a safe, diverse, and inclusive community.
RESULT: RESOLUTION 2017-091 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
ABSENT: Cunniff
• ADJOURNMENT
The meeting adjourned at 9:31 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 43
October 17, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Duval, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated he has asked Interim Police Chief Jones to provide a staff report
on an issue that has been in the media recently.
• CITIZEN PARTICIPATION
Eric Sutherland spoke regarding Item No. 4, Second Reading of Ordinance No. 132, 2017,
Amending Chapter 7.5 of the Code of the City of Fort Collins Regarding the Imposition of
Capital Expansion Fees Adopted in Ordinance No. 049, 2017. He stated the cost to citizens of
this action is over $1 million and it is a fiscally irresponsible move by the City.
Cari Brown, ARC of Larimer County, thanked the City for proclaiming October as National
Disability Employment Awareness Month.
Wes Kenney, Fort Collins Symphony Music Director, announced the current season called “A
Season of Diversity.” The November 4 concert is called “East Meets West.”
Ji Hye Chung, Assistant Concert Master, played a violin piece.
Forrest (no last name given) discussed an officer-involved shooting on July 1on Prospect near
Centre. He questioned why dash cam footage has not been released from that incident. He also
asked why a K9 unit without mental support personnel was sent into a home with a confused,
mentally unstable woman. He opposed a proposed hotel project along the Poudre River.
Marilee Boylan, ARC of Larimer County, thanked the City for proclaiming October as National
Disability Employment Awareness Month. She encouraged the City to become a model
employer for hiring a diverse workforce including people with intellectual and developmental
disabilities.
Darlene (no last name given) expressed concern about bus service stopping too early on campus
stating it is a safety issue.
Joseph Miller stated the 911 Good Samaritan law does not cover minors who overdose on
alcohol. He discussed the case of a minor who overdosed and did not receive proper medical
care.
Whitney Fanning suggested a CSU/City partnership for free parking near campus citing safety
concerns for individuals walking alone at night.
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City of Fort Collins Page 44
Thomas Edwards stated the EPIC remodel has moved bicycle racks too far from the building and
discussed his observations of bicyclists not obeying traffic rules. He also discussed veterans’
issues.
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez asked about the release of the Police dash cam footage from the
incident referenced by a citizen. City Manager Atteberry replied that is an ongoing investigation.
Once closed, those videos will be released.
Councilmember Martinez discussed the veterans’ services provided by the community.
Councilmember Stephens asked about the bicycle racks being moved at EPIC. City Manager
Atteberry replied he would return to Council with information on that.
• CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items on 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 September 19, 2017 Regular Council
Meeting. (Adopted)
The purpose of this item is to consider and approve the minutes from the September 19, 2017
Regular Council meeting.
2. Second Reading of Ordinance No. 130, 2017, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds or Projects. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 3, 2017, combines dedicated
and unanticipated revenues or reserves that need to be appropriated before the end of the year to
cover the related expenses that were not anticipated and, therefore, not included in the 2017 annual
budget appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions
and grants that have been paid to City departments to offset specific expenses.
3. Second Reading of Ordinance No. 131, 2017, Appropriating Prior Year Reserves in the
General Fund to Reimburse Avago Wireless Technologies (USA) Manufacturing, LLC for Use
Taxes and Business Property Taxes as Provided in Business Investment Agreements.
(Adopted)
This Ordinance, unanimously adopted on First Reading on October 3, 2017, appropriates $397,716
of prior year reserves from the General Fund for a rebate to Avago Technologies Wireless (U.S.A.)
Mfg., LLC. (“Avago”) for use tax and business personal property tax rebates under two business
investment agreements. The agreements provide business investment assistance to Avago for
the expansion and retrofit of Avago’s Building 4 for a wafer fabrication facility in 2012 and for a
FBAR clean room facility in 2013. These two projects were required to create an additional 227
primary jobs in the City, and net 617 full time equivalents.
October 17, 2017
City of Fort Collins Page 45
4. Second Reading of Ordinance No. 132, 2017, Amending Chapter 7.5 of the Code of the City of
Fort Collins Regarding the Imposition of Capital Expansion Fees Adopted in Ordinance No.
049, 2017. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 3, 2017, amends Section 7.5-19
of the City Code related to the imposition, computation and collection of fees for development
projects that had an approved Project Development Plan prior to the adoption date of Ordinance No.
049, 2017.
5. First Reading of Ordinance No. 133, 2017, Appropriating Unanticipated Grant Revenue in the
General Fund for Electric Lawn and Garden Equipment Procurement. (Adopted)
The purpose of this item is to appropriate unanticipated grant revenue in the amount of $15,000 in
the General Fund for the purchase of electric lawn and garden equipment for the Parks Department.
The Regional Air Quality Council (RAQC) granted these funds to assist municipalities in purchasing
new low-emission commercial lawn and garden equipment. The grant directly supports efforts to lead
by example in reducing air quality impacts from municipal lawn and garden equipment fleet.
6. First Reading of Ordinance No. 134, 2017, Amending Chapter 3, Article III, Section 3-76 of the
Code of the City of Fort Collins to Set the Occupation Tax Rate for New Categories of Liquor
Licenses. (Adopted)
The purpose of this item is to add the new license types and corresponding tax to the occupation tax
schedule. The Colorado General Assembly has added three new types of liquor licenses. The City
has an occupation tax for the liquor license categories established by the State.
7. First Reading of Ordinance No. 135, 2017, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands as Part of the Fossil Creek Trail System. (Adopted)
The purpose of this item is to obtain authorization from City Council to use eminent domain to
acquire a tract of land owned by the Clarendon Hills Homeowners’ Association (CHHA) that is being
used as part of the Fossil Creek Trail. In the 1990s, the Fossil Creek Trail (FCT) was constructed
from Cathy Fromme Prairie at Taft Hill Road to the underpass at Shields Street. As the FCT comes
to the east side of Shields Street, it crosses a portion of Tract D, Clarendon Hills Fourth Filing. This
tract is currently owned by CHHA. CHHA supports conveyance of a portion of Tract D to the City for
the FCT. Due to restrictions in the Declaration of Covenants for Clarendon Hills, CHHA asked the
City to use eminent domain procedures to accomplish this acquisition.
8. Resolution 2017-092 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Water Treatment Facility Annexation No. 1. (Adopted)
The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility
Annexation No. 1. This is a voluntary annexation. The City of Fort Collins is the applicant and has
submitted a written petition requesting four sequential annexations. Water Treatment Facility
Annexation No. 1 is the first Resolution of this series of four sequential annexations, and totals 0.101
acres of Laporte Avenue which establishes 1/6 perimeter boundary contiguity with the existing
municipal boundaries to the east.
The Water Treatment Facility Annexations form a flagpole-shaped annexation starting slightly east of
the intersection of Sunset Street and Laporte Avenue and ending at 4316 Laporte Avenue. The
requested zoning for this annexation is Urban Estate (UE) and Residential Foothills (RF), which is in
compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan.
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City of Fort Collins Page 46
9. Resolution 2017-093 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Water Treatment Facility Annexation No. 2. (Adopted)
The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility
Annexation No. 2. This is a voluntary annexation. The City of Fort Collins is the applicant and has
submitted a written petition requesting four sequential annexations. Water Treatment Facility
Annexation No. 2 is the second Resolution of this series of four sequential annexations, and totals
0.380 acres of Laporte Avenue which establishes 1/6 perimeter boundary contiguity with the Water
Treatment Facility Annexation No. 1.
The Water Treatment Facility Annexations form a flagpole-shaped annexation starting slightly east of
the intersection of Sunset Street and Laporte Avenue and ending at 4316 Laporte Avenue. The
requested zoning for this annexation is Urban Estate (UE) and Residential Foothills (RF), which is in
compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan.
10. Resolution 2017-094 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Water Treatment Facility Annexation No. 3. (Adopted)
The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility
Annexation No. 3. This is a voluntary annexation. The City of Fort Collins is the applicant and has
submitted a written petition requesting four sequential annexations. Water Treatment Facility
Annexation No. 3 is the third Resolution of this series of four sequential annexations, and totals
1.182 acres of Laporte Avenue which establishes 1/6 perimeter boundary contiguity with the Water
Treatment Facility Annexation No. 2.
The Water Treatment Facility Annexations forming a flagpole-shaped annexation starting slightly
east of the intersection of Sunset Street and Laporte Avenue and ends at 4316 Laporte Avenue. The
requested zoning for this annexation is Urban Estate (UE) and Residential Foothills (RF), which is in
compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan.
11. Resolution 2017-095 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Water Treatment Facility Annexation No. 4. (Adopted)
The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility
Annexation No. 4. This is a voluntary annexation. The City of Fort Collins is the applicant and has
submitted a written petition requesting four sequential annexations. Water Treatment Facility
Annexation No. 4 is the fourth and final Resolution of this series of sequential annexations, and totals
102.825 acres which establishes 1/6 perimeter boundary contiguity with the Water Treatment Facility
Annexation No. 3. Unlike Water Treatment Facility Annexations No. 1, 2 and 3, the No.4 annexation
lies in large part outside the boundary of the Growth Management Area.
The Water Treatment Facility Annexations forming a flagpole-shaped annexation starting at the
intersection of Sunset Street and Laporte Avenue and ends at 4316 Laporte Avenue. The requested
zoning for this annexation is Urban Estate (UE) and Residential Foothills (RF) which is in compliance
with the Fort Collins City Plan Structure Plan Map and the Northwest Subarea Plan designations.
• END CONSENT
• STAFF REPORTS
Mark Sears, Natural Areas Manager, discussed the background of the partnership between
Natural Areas and Housing Catalyst at Goose Hollow Natural Area. The goal for the Natural
Area is to provide a bridge between the community, surrounding neighborhoods, and the two
affordable housing complexes near the Natural Area.
October 17, 2017
City of Fort Collins Page 47
Councilmember Stephens thanked Sears for identifying the space and being diligent on forming
the partnership.
Cassie Archuleta, Environmental Program Manager, discussed the characteristics of ozone and
the measuring devices used in Fort Collins. She noted Fort Collins is part of the Denver Metro
non-attainment area and is in violation of the federal standards. Local transportation planning
efforts can help effect local contributions to ozone-causing emissions. Small engines, such as
those used in lawn and garden equipment, are large contributors to ozone-causing pollution and
the City has been making efforts to change up its fleet to use more electric lawn and garden
equipment. The Gardens on Spring Creek will be collaborating on an ozone garden exhibit
which will feature ozone monitors.
Councilmembers Cunniff and Martinez thanked Archuleta and staff for their work.
Terry Jones, Interim Police Chief, stated the Springfield Court call referenced in Citizen
Participation involved a woman with mental health issues who went into a former home insisting
it was hers. Police were called and the K9 unit was used to locate the woman in the crawl space.
The woman was wanted on a felony charge and was taken to the Larimer County jail.
Regarding the officer-involved shooting from the summer, the individual involved had
threatened to kill his brother and sister-in-law. When Police arrived on the scene, the man came
to the door with a knife. After being told no less than 30 times to drop the knife, he ultimately
rushed the reporting CSU officer and both the City and CSU officers fired. The District
Attorney’s Office investigated the shooting and determined the use of deadly force was
appropriate.
Jones discussed an issue involving an off-duty officer who observed a car driving erratically and
at a high rate of speed. The officer ultimately had to physically take the woman to the ground as
she would not comply with his requests for her driver’s license. The officer called for uniformed
officers to respond, which they did, as did a security guard at the apartment complex. The
woman was issued a ticket for obstruction and careless driving.
The incident showed up on social media and an internal affairs investigation was subsequently
initiated.
Mayor Pro Tem Horak requested input regarding the process following the investigation. Jones
replied the results of the investigation will be submitted to the officer’s chain of command to
determine if proper conduct was violated. The chain of command could then sustain, not sustain,
find the violation unfounded, or exonerate the officer. Policies and directives relating to off-duty
actions will also be evaluated.
Councilmember Stephens asked how citizens should verify whether an off-duty officer is
legitimate. Police Chief Jones replied this officer did take extra steps to identify himself by use
of his badge and identification card; however, individuals can always call 911 or the Fort Collins
Police line, or go to a location where there are many people. Off-duty officers are taught to
exercise a great deal of discretion when community members are engaged.
Councilmember Stephens asked if individuals could ask the officer to move to a more populated
location. Jones replied that is a possibility, or individuals can remain in their vehicles.
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City of Fort Collins Page 48
Councilmember Martinez discussed the importance of officers being trained to use discretion.
Councilmember Cunniff requested a report regarding potential policy and training changes.
• COUNCILMEMBER REPORTS
Councilmember Cunniff reported on participating in water collaboration meetings and this
week’s Finance Committee meeting during which the City’s credit rating related to potential
loans for northeast improvements was discussed.
Councilmember Summers reported on the Colorado Municipal League legislative groups
meeting in Denver.
Councilmember Overbeck reported on the Museo de las Tres Colonias grand re-opening and the
Manufacturing Day tour of Woodward.
Councilmember Martinez reported on the grand opening of the Campus West Police substation,
Campus Connections, and the CSU Distinguished Alumni Award event.
Councilmember Stephens reported on the October Election Code Committee meeting during
which citizen participation and a preliminary redistricting discussion occurred. She also reported
on the Museo de las Tres Colonias grand re-opening.
Mayor Troxell reported on students attending the Council meeting as part of a City Works class.
He also discussed his proclamation related to Dottie Metcalf-Lindenburger, a NASA astronaut.
Councilmember Cunniff reported on the PSD/City/County liaison meeting.
Councilmember Stephens recognized the speakers who addressed National Disability
Employment Awareness Month.
• DISCUSSION ITEMS
12. Consideration of the Long Pond Wireless Telecommunications Facility Addition of Permitted
Use Request. (Postponed to November 21, 2017)
A. Public Hearing and First Reading of Ordinance No. 136, 2017, Approving the Addition of
Permitted Use Associated with the Long Pond Wireless Telecommunications Facility Project
Development Plan #160018.
OR
B. Public Hearing and First Reading of Ordinance No. 137, 2017, Denying the Addition of Permitted
Use Associated with the Long Pond Wireless Telecommunications Facility Project Development
Plan #160018.
The purpose of this item is to decide whether to approve, approve with conditions, or deny the Long
Pond Wireless Telecommunications Addition of Permitted Use request (the “APU”) being made in
conjunction with PDP160018. The APU requests the addition of wireless telecommunication facilities
as a permitted use on a parcel of land located in the Low Density Mixed-Use Neighborhood (“LMN”)
zone district. Wireless telecommunication facilities are not a permitted use in the LMN. PDP160018
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City of Fort Collins Page 49
proposes a 60-foot tall wireless telecommunications facility disguised as a silo at 2008 Turnberry
Road.
Mayor Troxell stated this is an addition of permitted use (APU) item and involves a hearing
before Council. This process allows an applicant to request that a land use be added to the
zoning map for a specific parcel located in the zone district that does not otherwise allow for the
requested use. Council is to decide, based on the evidence at this hearing, whether the requested
APU meets the Land Use Code criteria and whether it should be approved, approved with
conditions, or denied.
Deputy City Attorney John Duvall stated this hearing places Council as the decision maker in the
first instance of this matter; therefore, any evidence can be considered. Council received a letter
this morning from the attorney for Verizon Wireless. That letter indicated Verizon is partnering
with Atlas Tower, the applicant, and makes serval arguments that Council must approve this
APU under the Federal Telecommunications Act which contains provisions that evidence
concerning radio frequency emissions cannot be used by local governments to deny a wireless
communications site and prohibit wireless services. City Attorney staff has not had time to fully
research the issue to provide advice to Council.
Mayor Pro Tem Horak asked where the process is in terms of timing to meet federal
requirements. Duvall replied the City has 150 days from the date of receipt of the completed
application. Clay Frickey, City Planner, replied the complete application was received August
24, 2017; therefore, the 150 days is roughly the end of January.
Mayor Pro Tem Horak asked if the applicant has provided any information related to a supposed
gap in cell service. Duvall replied any materials could be presented at this hearing. Frickey
replied the applicant has provided coverage maps indicating gaps and the fix various cell tower
heights will provide.
Mayor Pro Tem Horak expressed concern staff has not had enough time to evaluate the
information.
Councilmember Cunniff agreed with Mayor Pro Tem Horak and stated he would like to receive
additional information regarding other potential sites and other potential technologies, including
small cell.
Councilmember Overbeck supported continuing the item.
Councilmember Martinez made a motion to postpone this hearing to November 21, 2017 with
Second Reading in December.
City Manager Atteberry requested a 5-minute break to examine schedules.
Councilmember Martinez withdrew his motion.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
City Manager Atteberry recommended moving First Reading of this item to November 21, with
Second Reading on December 19.
Councilmember Martinez made a motion, seconded by Councilmember Overbeck, to postpone
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City of Fort Collins Page 50
this item to November 21 for hearing and First Reading and December 19 for Second Reading.
Mayor Pro Tem Horak noted the December 19 date could be changed.
Councilmember Cunniff clarified Council is directing legal staff to investigate the legal
arguments raised by the applicant and is directing management staff to work with the applicant
and the City’s own resources to develop answers to the technical questions related to alternative
siting and alternative technology.
Mayor Troxell noted citizens cannot have individual conversations with Councilmembers on this
topic given the quasi-judicial nature of the item; however, all public emails have and will be
captured, and testimony will be taken on November 21.
RESULT: POSTPONED TO NOVEMBER 21, 2017 [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• OTHER BUSINESS
Councilmember Overbeck stated a councilmember from Broomfield has asked Fort Collins to
sign a letter to the Colorado Oil and Gas Commission. He asked that staff review the letter and
return with recommendations on its alignment with the City’s policies.
Mayor Troxell suggested the Legislative Review Committee review the proposed letter.
Mayor Pro Tem Horak asked if telecommunication processes and procedures are being reviewed
for issues such as the previous item.
Councilmember Cunniff stated the Fort Collins Sustainability Group requested the Finance
Committee add a clause to its finance policies dealing with socially-responsible investments.
The Committee was not inclined to make a recommendation to Council; however, there was
some sentiment to consider a corporate investment policy.
• ADJOURNMENT
The meeting adjourned at 7:49 PM.
______________________________
Mayor
ATTEST:
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City Clerk