HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2018 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE MAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY June 5, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the May 1 and May 15, 2018 Regular Council Meetings and the
May 8, 2018 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the May 1 and May 15, 2018 Regular Council
meetings and the May 8, 2018 Adjourned Council meeting.
ATTACHMENTS
1. May 1, 2018 (PDF)
2. May 8, 2018 (PDF)
3. May 15, 2018 (PDF)
City of Fort Collins Page 233
May 1, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 8, First Reading of Ordinance No. 062, 2018, Amending
Section 26-392 of the Code of the City of Fort Collins Regarding the Electric Utility Enterprise,
has been withdrawn for additional work. Staff would also like to postpone Item No. 9, First
Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort Collins
Land Use Code, to May 15.
• CITIZEN PARTICIPATION
Mike Pruznick discussed affordable housing and the Fort Collins Loveland Water District tap fees.
Dr. Gayle Miller discussed prairie dog colony regulations and stated there are benefits to small,
isolated colonies.
Dave Zeck read a City ordinance related to human waste and stated it makes it illegal to breathe.
Helen Taylor requested the City make more open space available to prairie dogs, acquire more
prairie dog habitat, and prioritize non-lethal prairie dog management.
Kevin Cross, Fort Collins Sustainability Group, provided Council with a resolution regarding
100% renewable-generated electricity by 2030 he is requesting it adopt this spring.
Fred Kirsch, Community for Sustainable Energy, provided Council with petition signatures related
to the renewable-generated electricity goal.
Sarah Snead, Poudre Canyon Group of the Sierra Club, stated she worked to get CSU to adopt a
2030 100% renewable energy goal and encouraged Council to adopt the same goal.
Noelle Guernsey, Prairie Dog Coalition, discussed the benefits of using non-lethal prairie dog
management techniques.
Tim Gosar, 350 Northern Colorado, supported adoption of the renewable energy resolution.
Sarah Witherell, Northern Colorado Prairie Dog Advocates, requested Fort Collins continue to be
a leader in exploring and utilizing non-lethal management techniques to address prairie dog
colonies.
Peggy LaPoint, League of Women Voters, supported adoption of the resolution provided by the
Fort Collins Partners for Clean Energy.
May 1, 2018
City of Fort Collins Page 234
Ashley Waddell stated Fort Collins citizens overwhelmingly oppose lethal prairie dog
management on public lands.
Ted Walkup supported adoption of the resolution provided by the Fort Collins Partners for Clean
Energy.
Nick Francis congratulated the Council for setting aggressive and worthy climate action goals and
supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy.
Elizabeth Hudetz discussed compromised air quality and limited resources and supported adoption
of the resolution provided by the Fort Collins Partners for Clean Energy.
Janice Lynne, Transition Fort Collins, supported adoption of the resolution provided by the Fort
Collins Partners for Clean Energy.
Kevin Henry, Fort Collins Sustainability Group, supported adoption of the resolution provided by
the Fort Collins Partners for Clean Energy.
Tom Hoehn supported adoption of the resolution provided by the Fort Collins Partners for Clean
Energy.
Mark Laken expressed concern regarding the City’s Code requirement for neighborhood roadway
connections which require infill developments to make internal roadway connections with existing
neighborhood streets.
Forrest (no last name given) supported adoption of the resolution provided by the Fort Collins
Partners for Clean Energy and opposed the use of chemicals for insect and weed control.
Philip Friedman supported adoption of the resolution provided by the Fort Collins Partners for
Clean Energy.
Jeremy Mack supported adoption of the resolution provided by the Fort Collins Partners for Clean
Energy.
Caitlyn Young opposed the U+2 Ordinance, stating it creates a false sense of housing scarcity,
drives up property taxes and housing costs, and increases communitywide carbon production. She
also supported the CORising.org proposal to move fracking sites 2,500 feet from all buildings.
Adam Lovell, The Growing Project, supported the CORising.org proposal to move fracking sites
2,500 feet from all buildings and suggested taxing carbon immediately. He also supported
repealing the You Plus Two Ordinance and opposed the use of chemicals for insect and weed
control.
Charles Kopp supported adoption of the Resolution provided by the Fort Collins Partners for Clean
Energy.
Bill Althouse supported adoption of the Resolution provided by the Fort Collins Partners for Clean
Energy.
Terry Hatfield supported adoption of the Resolution provided by the Fort Collins Partners for
Clean Energy.
May 1, 2018
City of Fort Collins Page 235
Bigfoot Goforth supported adoption of the resolution provided by the Fort Collins Partners for
Clean Energy and encouraged the use of renewables for all energy uses, not just electricity.
Nicholas (no last name given) supported adoption of the resolution provided by the Fort Collins
Partners for Clean Energy.
Ian Score supported adoption of the resolution provided by the Fort Collins Partners for Clean
Energy.
Sarah Anderson stated Fort Collins has changed and is in a powerful position to set an example
with adoption of the resolution provided by the Fort Collins Partners for Clean Energy.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Cunniff requested a service area report on pesticides and herbicides used in the
City’s Natural Areas. He also requested additional information on how the City is addressing the
need to conserve prairie dog habitat and a memo on Mr. Laken’s comments related to infill
development street connections. He stated he and Mayor Pro Tem Horak met with representatives
of the Fort Collins Sustainability Group regarding their proposed resolution and he is prepared to
ask the City Manager to start formulating a resolution including specifics of how the City will
achieve the goal.
Mayor Pro Tem Horak stated the City is farther along with renewable energy than many people
realize. He also stated none of the other communities that have passed this resolution have a plan
to get there.
Councilmember Stephens thanked the speakers and encouraged them to stay involved in the
renewable energy conversation.
Councilmember Overbeck thanked the speakers.
• CONSENT CALENDAR
Councilmember Martinez withdrew Item No. 15, Resolution 2018-044 Confirming and Approving
the Appointment of Andy Smith to the Board of Commissioners of the Fort Collins Urban Renewal
Authority as Provided in Colorado's Urban Renewal Law, from the Consent Agenda.
Eric Sutherland withdrew Item Nos. 5, First Reading of Ordinance No. 059, 2018, Appropriating
Prior Year Reserves for the Purpose of Providing Natural Areas Programming Not Included in
the 2018 Adopted City Budget and Authorizing the Transfer of Appropriations from the Natural
Areas Fund into the Capital Project Fund for the Whitewater Park Project, and 7, First Reading
of Ordinance No. 061, 2018, Repealing and Reenacting Division 4 in Article IV of Chapter 2 of
the Code of the City of Fort Collins Pertaining to the Fort Collins Urban Renewal Authority to
Address Recent Changes in Colorado's Urban Renewal Law and Confirming the Appointment of
Andy Smith to the Authority's Board of Commissioners, from the Consent Agenda.
May 1, 2018
City of Fort Collins Page 236
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
1. Second Reading of Ordinance No. 052, 2018, Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for Cultural Development and Programming
Activities, Tourism Programming, and Convention and Visitor Program Services. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 17, 2018, appropriates $482,841, of
which $242,389 is proposed for 2018 Cultural Development and Programming Activities (Fort Fund),
$26,873 is proposed for 2018 Tourism Programming (Fort Fund), and $213,579 is proposed for 2018
Convention and Visitors Program activities, from a combination of unanticipated revenue (Lodging
Tax) and prior year reserves (unspent appropriations) in the General Fund Lodging Tax Reserves.
Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism
programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO)
cycle and then adjusted annually as needed based on actual collections. Lodging tax revenue
collected in 2017 was $237,967 above projected collections.
2. Items Relating to Income Qualified Assistance Programs. (Adopted)
A. Second Reading of Ordinance No. 053, 2018, Amending Chapter 26 of the Code of the City of
Fort Collins to Change the Name of Time-of-Use Electric Rates to Time-of-Day Electric Rates.
B. Second Reading of Ordinance No. 054, 2018, Amending Chapter 26 of the Code of the City of
Fort Collins to Adopt Discounts Applicable to Water, Wastewater and Electric Rates, Fees and
Charges Applied Under an Income Qualified Assistance Program.
The purpose of Ordinance No. 053, 2018, is to change the name for the electric service rates that will
go into effect on October 1, 2018, from “time-of-use” to “time-of-day” to better identify how the rates
will be applied to different times during the day.
The purpose of Ordinance No. 054, 2018, is to bring forward an ordinance to implement an Income-
Qualified Assistance Program (IQAP), formerly referred to as the income-qualified rate (IQR). For
qualified customers who “opt-in”, this program will initially provide a 23% discount on specified rate
components for electric, water and wastewater services on a customer’s monthly bill. Utilities will
qualify customers through the Low-income Energy Assistance Program (LEAP), which uses an income
threshold of 165% of the Federal Poverty Level (FPL). The IQAP will have a three-year phased
approach to provide data to City Council that demonstrates reasonable bill affordability and presents
long-term recommendations on participation criteria, including whether a specific level of dwelling
improvements in participants’ homes may (or may not) eliminate the need for payment assistance, or
support removal of participants from the program. The IQAP will be rolled out in October 2018, in
conjunction with time-of-day (TOD) (formerly referred to as “time-of-use” [TOU]) rates for residential
customers, as approved by Council in November 2017. These Ordinances were unanimously adopted
on First Reading on April 17, 2018.
For Second Reading of Ordinance No. 054, 2018, staff has attached a memo responding to Council
questions raised on First Reading of the Ordinance. The memo addresses program plans regarding
simplified IQAP participant application and qualification procedures, and coordination of IQAP with
other regional low-income programs.
May 1, 2018
City of Fort Collins Page 237
3. Second Reading of Ordinance No. 055, 2018, Authorizing the Release of a Restrictive
Convenant on Property at the Colony at Rigden Farm. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 17, 2018, authorizes the release of a
restrictive covenant for affordable home ownership on a property's title because the property
developed into market rate rental housing. The project contemplated by the covenant was not built
and no affordable housing incentives were provided to the developer.
4. Items Relating to the Appropriation from Light and Power/Broadband Fund Debt Proceeds and
Other Funds Related to the Broadband Project. (Adopted)
A. Second Reading of Ordinance No. 056, 2018, Appropriating Proceeds from the Issuance of 2018
Electric Utility Enterprise Revenue Bonds for Capital, Operating, Debt Service and Art in Public
Places Expenditures Associated with the Construction of a Broadband System to Provide
Telecommunication Facilities and Services to Customers Within Fort Collins in the Light and Power
Fund and Transferring Appropriations from the Light and power Fund to the Cultural Services and
Facilities Fund for the Art in Public Places Program.
B. Second Reading of Ordinance No. 057, 2018, Appropriating Funds from the Light and Power Fund
to Defease the City of Fort Collins, Colorado, Electric Utility Enterprise Taxable Revenue Bonds
Series 2010B.
These Ordinances, unanimously adopted on First Reading on April 24, 2018, appropriate (1) bond
proceeds for the construction of a municipal broadband system and (2) Light & Power reserves for the
defeasance of outstanding debt. The issuance and defeasance were authorized by the Electric Utility
Enterprise Board Ordinances No. 003 and No. 004, respectively. This agenda item is consistent with
Strategic Objective 3.9 from the 2016 Strategic Plan: Encourage the development of reliable, high
speed internet services throughout the community.
5. First Reading of Ordinance No. 060, 2018, Appropriating Unanticipated Grant Revenue in the
Transportation Fund from the Colorado Department of Transportation and the BNSF Railway
Foundation for the Safe Routes to School Program. (Adopted)
The purpose of this item is to request appropriation of $25,584 in unbudgeted funds received through
two grants for the Safe Routes to School (SRTS) program (part of the City’s FC Moves Department).
The Colorado Department of Transportation (CDOT) has awarded an $18,584 grant for acquisition of
new equipment, and BNSF Railway Foundation has awarded a $7,000 grant for SRTS bike-pedestrian
safety education in K-8 schools. This project requires a 20% local match for the CDOT grant ($4,646),
which will be paid from a portion of the BNSF Railway Foundation grant.
6. First Reading of Ordinance No. 062, 2018, Amending Section 26-392 of the Code of the City of
Fort Collins Regarding the Electric Utility Enterprise. (Adopted)
The purpose of this item is to clarify and amend City Code language regarding the officers of the
electric utility enterprise board, and amend the provision regarding meetings of the board in order to
allow for greater flexibility in meeting times.
7. First Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort
Collins Land Use Code. (Adopted)
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use
Code that are generally housekeeping and routine in nature that have been identified since the last
update in May 2017.
May 1, 2018
City of Fort Collins Page 238
8. First Reading of Ordinance No. 064, 2018 Authorizing the Conveyance of Various Property
Interests on City-Owned Property at Pelican Marsh Natural Area to Pedcor Investments LLC.
(Adopted)
The purpose of this item is to authorize the conveyance of one non-exclusive permanent drainage
easement, one non-exclusive permanent slope easement and two temporary construction easements
on Pelican Marsh Natural Area (Pelican Marsh) to Pedcor Investments LLC. (Pedcor).
9. First Reading of Ordinance No. 065, 2018, Authorizing the Conveyance to the Colorado
Department of Transportation of Various Property Interests on City-Owned Property at
Arapaho Bend Natural Area. (Adopted)
The purpose of this item is to authorize the conveyance of two permanent right-of-way easements,
one temporary construction easement, and a triangle strip of land on Arapaho Bend Natural Area to
the Colorado Department of Transportation (CDOT).
10. Resolution 2018-041 Finding Substantial Compliance and Initiating Annexation Proceedings
for the East Gateway Annexation. (Adopted)
The purpose of this item is to initiate annexation proceedings for the East Gateway Annexation,
containing 1.77-acres, into the City of Fort Collins. The annexation is generally located northeast of
the Interstate 25 and East Mulberry Street interchange. The annexation area includes three parcels of
land that consist of railroad-owned property, a strip of land on the western edge of the Cloverleaf
Mobile Home Park, and a triangular-shaped parcel owned by the Colorado Department of
Transportation. The requested zoning for this annexation is a combination of General Commercial (C-
G), Industrial (I), and Low Density Mixed Use Neighborhood (L-M-N), consistent with the City of Fort
Collins Structure Plan Map designations. The surrounding properties are a mixture of residential and
commercial land uses.
The proposed Resolution makes a finding that the annexation petition substantially complies with the
Municipal Annexation Act of 1965, determines that a hearing should be established regarding the
annexation, and directs notice be given of the hearing. The hearing will be held at the time of First
Reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required
by state law.
11. Resolution 2018-042 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins and the Downtown Development Authority Regarding the Renovation
and Redevelopment of Old Firehouse Alley/Seckner Alley and West Mountain Alley. (Adopted)
The purpose of this item is to request Council approval for an Intergovernmental Agreement (IGA)
between the City of Fort Collins and the Downtown Development Authority (DDA) for renovation and
redevelopment of Old Firehouse Alley/Seckner Alley and West Mountain Alley.
12. Resolution 2018-043 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties
within the Territories of the Poudre Valley Fire Protection District and the Windsor-Severance
Fire Protection District. (Adopted)
The purpose of this item is to authorize the City Attorney to file a petition in the Larimer County District
Court to exclude eight properties within the Poudre Valley Fire Protection District that were annexed
into the City in 2017, and to file a petition in the Weld County District Court to exclude two properties
within the Windsor-Severance Fire Protection District that were annexed into the City in 2017. The
properties affected by this Resolution are: Rennat Annexation, Lehman-Timberline Annexation, Mail
Creek Crossing Second Annexation, Blehm-Homestead Annexation, Newton First Annexation,
Newton Second Annexation, Fox Hills Second Annexation, I-25 Third Annexation, and Interstate Land
Holdings Annexation. C.R.S. Section 32-1-502 requires an order of exclusion from the district court to
remove these annexed properties from special district territories. The properties located in the Poudre
Valley Fire Protection District have been receiving fire protection services from the Poudre Fire
May 1, 2018
City of Fort Collins Page 239
Authority and will continue to do so. The properties located in the Windsor-Severance Fire Protection
District have been receiving fire protection services from Windsor-Severance Fire Rescue and will now
be receiving fire protection services from Poudre Fire Authority. The City Attorney’s Office files
petitions each year seeking exclusion for all properties annexed in the previous year that should be
removed from the fire protection districts (Districts) to avoid double taxation.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff stated he is looking forward to a robust public process related to Item No.
12, Resolution 2018-041 Finding Substantial Compliance and Initiating Annexation Proceedings
for the East Gateway Annexation.
Mayor Pro Tem Horak commented on Item No. 2, Items Relating to Income Qualified Assistance
Programs, noting the City Manager will return with information relating to systematically alerting
qualifying residents.
• STAFF REPORTS
Ginny Sawyer, Senior Project Manager, stated the Night Sky Initiative began when the Nature in
the City Plan was adopted. Protecting night sky is also part of the Strategic Plan. Staff has focused
on appropriate lighting in both the Land Use Code and Building Code and is pursuing International
Dark Sky Certification work in Natural Areas and in conjunction with the County.
Sawyer discussed community outreach efforts relating to lighting and dark sky preservation and
discussed outdoor lighting best practices.
Councilmember Cunniff commended the progress on these efforts and discussed the improved
safety of appropriate lighting.
Councilmember Stephens asked if this includes an education component for retrofitting existing
neighborhoods. Sawyer replied that is a tough situation as Codes are not retroactive; however, she
is hoping some educational outreach can occur.
Councilmember Stephens encouraged the Neighborhood Services Department to provide outreach
on appropriate discussions with neighbors.
Councilmember Overbeck suggested including outreach at Neighborhood Night Out and on the
NextDoor website.
Mayor Pro Tem Horak asked how the City’s street lighting and building lighting progress is being
measured. Sawyer replied there is an inventory component and technology is moving quite
quickly. She stated Utilities is replacing and upgrading lights upon failure and noted staff is
attempting to work with local retailers to include appropriate fixtures in their inventory.
• COUNCILMEMBER REPORTS
Councilmember Stephens reported on attending the City’s volunteer recognition pancake
breakfast. She discussed the City’s robust volunteer program.
May 1, 2018
City of Fort Collins Page 240
Councilmember Martinez discussed the Comcast Cares event at Putnam Elementary and the
Project Smile event at Drake Center Crossing.
Councilmember Summers discussed community health issues and oral health being the foundation
of other health issues.
Councilmember Cunniff reported on CSU’s public engagement day and the Climate Wise awards
ceremony.
Mayor Troxell reported on the Arbor Day celebration.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
13. Resolution 2018-044 Confirming and Approving the Appointment of Andy Smith to the Board
of Commissioners of the Fort Collins Urban Renewal Authority as Provided in Colorado's
Urban Renewal Law. (Adopted)
The purpose of this item is to appoint Andy Smith to fill a seat created by legislative changes affecting
the Urban Renewal Authority (URA). Mayor Troxell and Councilmember Stephens interviewed
applicants on April 4, 2018, from applications solicited in February and March. They are
recommending that Andy Smith be appointed to serve as a commissioner on the URA’s Board.
Councilmember Martinez requested further explanation of this item. Josh Birks, Economic Health
Director, replied the State Legislature made a substantial change to the Urban Renewal Authority
in 2015. The change requires that, prior to a new plan area being considered by an existing Urban
Renewal Authority, the URA must expand its Board to include representatives from the County,
the School Districts, and the Special Districts in which that Urban Renewal Authority acts.
Because the City’s URA Board is made up of the seven Councilmembers, adding those three
representatives creates a Board with an even number of people. In those cases, the Statute states
an eleventh member should be appointed. Applications were accepted for the position, and two
Councilmembers performed interviews, resulting in this recommendation.
Mayor Troxell stated he and Councilmember Stephens interviewed five qualified candidates and
determined Andy Smith to be the best of those for the position.
Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2018-044.
Mayor Troxell noted the addition of new URA members will likely result in a new meeting location
and time.
RESULT: RESOLUTION 2018-044 ADOPTED [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
May 1, 2018
City of Fort Collins Page 241
• DISCUSSION ITEMS
14. Second Reading of Ordinance No. 058, 2018, Appropriating Prior Year Reserves in the General
Fund and the Fort Collins Urban Renewal Authority Fund and Authorizing the Transfer of
Appropriations from the General Fund and the Fort Collins Urban Renewal Authority Fund into
the Capital Project Fund for the Poudre River Whitewater Park Project and Transferring
Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for
the Art in Public Places Program and Transferring Appropriations in the Storm Drainage Fund
from the Boxelder Creek Outfall Project and the Remington Street Outfall Project to the Capital
Project Fund for the Poudre River Whitewater Park Project. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on April 17, 2018 by a vote of 6-1 (Nays: Cunniff),
appropriates additional funding for the Poudre River Whitewater Park project. The Whitewater Park
will be located south of Vine Drive between College Avenue and the BNSF Railroad. Design and
permitting for the project are nearly complete, with construction anticipated to begin Summer 2018,
and the project complete in Summer 2019. There is sufficient funding available for a minimum, base
project. To realize the full vision of the project, as outlined in the 2014 Poudre River Downtown Master
Plan, approximately $2M of additional funds are needed.
For Second Reading, the Ordinance has been modified as follows:
• By the addition of new “whereas” clauses that:
o incorporate background and requirements from the April 7, 2015 CCIP ballot approval
language in Ordinance No. 013, 2015 (the “Ordinance”).
o set forth the requirement in the Ordinance that City Council must have determined that the
City has received at least $1,500,000 in of contributions and pledges from private sources to
support building the Whitewater Park (referred to as the “Kayak Park” in the Ordinance and
the CCIP project schedule referenced in the ballot measure) and that the City has not yet
received the entire amount of such contributions.
o Acknowledge that the Ordinance requires construction of all components described on the
exhibit attached thereto, which include a whitewater kayak park, a pedestrian bridge, and
other elements.
• By inclusion of a condition that the funds appropriated by the Ordinance are not available for
expenditure for construction until the City Manager provides a report and recommendation that all
required private funds and pledges have been received and Council adopts a resolution finding
the private funding requirement has been met (to satisfy the Ordinance requirement for a
determination by Council as to this condition).
The additional funds requested in this appropriation are necessary to satisfy the requirement of the
Ordinance that the Project include all of the elements described in Exhibit “A” to Ordinance No 013,
2015.
At the April 17 City Council meeting, several questions were raised regarding restrooms in the
Whitewater Park. There are floodway and floodplain constraints on the site today that prevent the
restroom from being built in the initial phase of the project. Once the initial phase of the project is
completed, floodplain mapping for the project will be revised. The revised floodplain mapping is
estimated to be complete in 2019, enabling construction of a permanent restroom as early as 2020. A
Budgeting for Outcomes (BFO) offer is planned to be submitted in the 2019-20 budget to fund design
and construction of the restroom. Until a permanent restroom is constructed, temporary, portable
toilets will be provided on site.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance
No. 058, 2018, on Second Reading.
Councilmember Cunniff thanked staff for their follow-up work but stated he would not support
the motion as a more robust discussion regarding spending $500,000 should occur.
May 1, 2018
City of Fort Collins Page 242
RESULT: ORDINANCE NO. 058, 2018, ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
NAYS: Cunniff
15. Consideration of an Appeal of the Administrative Officer Decision Regarding the Spirit at the
River Project Development Plan. (Adopted)
The purpose of this item is to consider an appeal of the Hearing Officer’s decision on February 8, 2018,
approving the Spirit at the River Project Development Plan. The appeal was filed on February 20,
2018, by Councilmember Ross Cunniff.
The appellant seeks to have the following questions answered:
1. How does the site plan comply with Land Use Code Section 3.4.1 in general, including but not
limited to compliance with Section 3.4.1(E)(1), “…the decision maker shall reduce or enlarge any
portion of the general buffer zone distance, if necessary in order to ensure that the performance
standards set forth below are achieved” and the associated buffer zone table which calls out the
relevant buffer as “Cache la Poudre River (Lincoln Avenue to east UGA boundary): 300 feet” given
that the actual designed buffer ranges from 176 to 244 feet, with an average of 201 feet?
2. How does the height/mass of the building comply with Land Use Code Section 4.20(D)(3)(a)(1),
which specifies, “The maximum building height shall be three (3) stories”?
3. How does the parking modification comply with Land Use Code Section 4.20(D)(3)(a)(2), which
specifies that new parking lots and vehicle use areas shall be located in either interior block
locations between buildings or in side yards?
Mayor Troxell explained the quasi-judicial nature of this item.
City Attorney Daggett outlined the appeal procedure and stated this is a hearing of an appeal filed
by a Councilmember on behalf of the Council.
Tom Leeson, Community Development and Neighborhood Services Director, discussed the Spirit
at the River project on East Lincoln Avenue. The project includes a hotel and restaurant and is
located in the Community Commercial Poudre River zone district. The site plan for the project
has been amended per the Hearing Officer’s conditions of approval, which were the removal of
the southernmost 13 parking spaces and the development of an enhanced berm adjacent to the
natural habitat buffer zone.
Leeson outlined the appeal assertions. Regarding the buffer setback, the appeal questions how the
plan meets the Land Use Code’s qualitative standards. Leeson stated the landscape plan clearly
shows no vegetation, wetland, or bank disturbance. The project proposes all native plantings, a
naturalistic grading of the detention area, and a berm along the parking area to eliminate light
spillage toward the river. Staff found the proposal met the performance standards and the
conditions of approval further enhance that compliance.
The second appeal question is related to how the plan meets the maximum height standard. Leeson
stated the project requested a modification to this standard with one portion of the building
exceeding three stories. Leeson showed elevation renderings and stated staff supported the
modification based on the finding it was nominal and inconsequential.
May 1, 2018
City of Fort Collins Page 243
The third appeal question is related to no vehicle use behind the building. Leeson stated the site
plan shows the proposed parking area behind the building and stated staff recommended approval
of the modification finding the proposal equal to or better than a compliant proposal. Staff found
the site must have vehicle use behind the building to meet emergency access requirements.
Mayor Troxell asked Councilmembers to discuss observations made during the site visit.
Councilmember Cunniff stated he observed the location of the buffer boundary, the edge of the
proposed parking lot, and surrounding context with adjoining parcels.
Councilmember Overbeck stated he observed the site and asked questions about the lot to be
acquired from the neighbor to the east.
Mayor Troxell stated he observed the site and did not ask any questions.
(Secretary’s Note: Council took a brief recess at this point in the meeting.)
Councilmember Cunniff questioned how the modifications to the 300-foot buffer are necessary to
achieve the performance standards. He stated he would likely not deal with the building height
issue and stated the parking lot modification is related to the buffer zone.
Lucia Liley, attorney representing the applicant, discussed the project noting it is geared toward
the business traveler. Both the hotel and restaurant use are permitted uses in the zone and the
project is within a targeted infill redevelopment area. Ms. Liley stated the emergency access loop
around the building was designed as the only feasible way to provide emergency access and
sufficient site circulation. As a result, the applicant has provided an enhanced buffer, including a
berm and dense landscaping to screen the vehicle use area facing the river.
Ms. Liley discussed the building height modification and noted many 3-story buildings are 40 feet
in height. At is highest, the partial fourth-story will be 48 feet in height. Ms. Liley stated this
project is modeled after the historic Harmony Mills building and utilizes contemporary semi-
industrial elements to maintain compatibility with nearby breweries.
Ms. Liley stated the vast majority of the site’s parking is in the garage or side lots and there is no
parking or vehicle use area on the street side; however, there is limited parking and a part of the
emergency access drive aisle facing the river. This modification is based on two grounds:
exceptional conditions unique to the property, and the plan being equal to or better than a compliant
plan.
Ms. Liley stated the applicant accepted two conditions of approval: eliminating the 13 parking
spaces and redesigning the berm to further mitigate vehicle headlights. She stated the berm will
be at least 4 feet tall with a maximum slope of 4 to 1.
Ms. Liley stated the decision maker has the ability to reduce or enlarge buffer zone distances based
upon compliance with the buffer performance standards. The proposed buffer ranges from 176.5
to 244.5 feet and the river corridor and buffer occupy 44% of the entire site. Ms. Liley discussed
the performance standards and purpose of buffer zones. She noted the ecological characterization
report for the site describes the property as being devoid of wildlife use, wetlands, native
vegetation, trees, special habitat features, and ecosystem functions. The report also noted
opportunities to restore the property with appropriate plantings to create habitat. Ms. Liley
May 1, 2018
City of Fort Collins Page 244
discussed proposed improvements for the ecological aspects of the site. The development has been
designed to protect the buffer and river corridor by locating outdoor activities on the far side of
the building and removing fencing, among other techniques and features.
Ms. Liley provided letters of support from the Downtown Development Authority, Odell Brewery,
and Woodward.
Councilmember Cunniff stated he does not question the project’s commitment to the conceptual
standards of City Plan and other plans; however, he asked in what sense it was necessary to reduce
the river buffer size to meet the performance standards. He noted there are other allowable uses
for the parcel and asked what guidance staff provided the applicant about the river buffer standards.
Rebecca Everette, Senior Environmental Planner, replied Land Use Code Section 3.4.1 allows for
some discretion of the part of the decision maker to adjust buffer distances. There are frequently
trade-offs between the quality and quantity of the buffer and this project provides an opportunity
to gain significant ecological enhancement given the current status of the land.
Councilmember Cunniff read an excerpt from City Plan as follows: “ensure setbacks for channel
instability and improved channel migration…apply buffer zones in corridor vertical and lateral
channel stability with new development and redevelopment to ensure adequate setbacks are
provided to account for the lateral migration of the river channel across the floodplain and vertical
degradation.” He asked if the river’s tendency to want to form an oxbow at this location was taken
into account when looking at the buffer standard modifications. Everette replied in the affirmative
and stated the Parks Department is very concerned about the Poudre Trail in that area because of
the river’s migration. The proposed project would relocate the trail and give the City the
opportunity to do the stream bank stabilization it has been unable to accomplish with the current
property owner. Staff feels the proposed buffer would adequately allow for future river migration.
Councilmember Cunniff asked if the stabilization is going to include making the bank shallower
in one area and asked why it was necessary to make the buffer smaller. Shane Boyle, Water
Utilities Development Review Manager, replied Stormwater is currently partnering with Parks to
help mitigate undercutting of the trail in that area. Part of the project will shallow the bank to
allow for water spread and move the bank farther to the north.
Councilmember Cunniff asked if the intent of the policy he read is to provide as much of a buffer
within the 300 feet as possible to allow for river evolution. Boyle replied that is one of the
considerations; however, this is an urban area and safety considerations exist.
Councilmember Cunniff asked if there was intent to have a narrower buffer standard based on
various mitigation proposals as part of the conceptual review for this project. Everette replied that
was part of the discussion during the preliminary design review meeting and subsequent pre-
submittal meetings. The original proposal had a narrower buffer than what was eventually
submitted.
Councilmember Cunniff asked if some other project or use could have better complied with the
buffer standard. Everette replied the intent of Section 3.4.1 is to protect, enhance, and buffer
significant natural features. In its review, staff found the river and its corridor were adequately
protected and significantly enhanced; therefore, the performance standards could be accomplished
with the narrower buffer. She acknowledged the same level of protection could have been
accomplished with a 300-foot buffer as well.
May 1, 2018
City of Fort Collins Page 245
Councilmember Cunniff asked if part of the access behind the building was due to emergency
access needs. Clay Frickey, City Planner, replied in the affirmative and stated Poudre Fire
Authority requires the access aisle width. The parking spaces eliminated as part of the approval
of this project were not required in order to meet the parking minimum, which is 86 spaces. The
project was proposing 124 spaces and the condition of approval removed 13 of those; therefore,
removing 3 more spaces would still place the project above the minimum standard.
Councilmember Cunniff discussed the 3 additional spaces he would propose eliminating. He
asked if the detention pond meets the required minimum. Boyle replied in the affirmative.
Councilmember Cunniff asked how the proposed vegetation density compares to the natural
vegetation density in the absence of human intervention. Everette replied that type of assessment
has not occurred.
Councilmember Cunniff asked how the landscape plan was analyzed relative to the standards.
Everette replied the proposal was compared to other recent restoration projects along the river, the
plant species are all on the City’s approved native plants list, and much thought went into creating
diverse landscape pockets and elements to create micro-climates and small, differentiated habitats
on the site.
Councilmember Cunniff asked how staff would address a commitment by the applicant to include
additional plantings. Everette replied Land Use Code requirements ensure tree species diversity;
a similar approach would be taken when evaluating any new plantings.
Councilmember Cunniff asked the applicant if they would be willing to increase the berm height.
Ms. Liley replied the Hearing Officer’s condition did not specify a height, and the applicant would
be willing to accept a condition that it be at least 4 feet in height at a 4 to 1 slope. She stated
appropriate additional landscaping would be provided based on the increase in berm height.
Councilmember Cunniff asked how the applicant would feel about eliminating the aforementioned
3 parking spaces. Ms. Liley replied losing the 13 spaces already puts this hotel on the edge of
what it needs, and the restaurant use must still be parked. She noted the 3 spaces are not near the
buffer.
Councilmember Cunniff stated the 3 spaces face the mitigation area of the adjacent parcel. Moira
Bright, Spirit Hospitality Senior Vice-President of Development, replied she could not commit to
eliminating the parking spaces, partially because that is the location of the trail connection.
Councilmember Cunniff asked if there will be screening for those 3 spaces. Ms. Bright replied
there is nothing planned for the Spirit parcel.
Councilmember Overbeck asked how much consideration has been given to sound protection of
the drive aisle. Everette replied no sound studies were required; however, the way the building is
designed places active uses and gathering spaces as far away from the buffer as possible.
Councilmember Overbeck asked if delivery trucks will be using the drive aisle. Ms. Liley replied
in the affirmative.
Councilmember Overbeck discussed the importance of reducing noise impacts on habitat.
May 1, 2018
City of Fort Collins Page 246
Councilmember Martinez asked if noise considerations are part of the appeal. Councilmember
Overbeck replied noise affects the ecological character of wildlife functions.
Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to uphold the
Hearing Officer’s decision approving the modification of standards included in the Spirit at the
River Project Development Plan 170026 to allow portions of the building to include 4 stories as it
meets at least one of the criteria set forth in Land Use Code Section 2.8.2(H)(1-4) and is not
detrimental to the public good and for the reasons articulated by the Hearing Officer.
Councilmember Cunniff stated this modification is not atypical and the visual impact of the
additional story is insignificant.
The vote on the motion was as follows: Yeas: Overbeck, Stephens, Martinez, Cunniff, Summers,
Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Stephens, that Council
uphold the Hearing Officer’s decision approving the modification of standards included in the
Spirit at the River Project Development Plan 170026 to provide for a drive aisle loop around the
building, including a limited amount of parking and drive aisle behind the parking, meets at least
one of the criteria set forth in Land Use Code Section 2.8.2(H)(1)-(4) and is not detrimental to the
public good for the reasons articulated by the Hearing Officer, and with additional consideration
of the need to reduce headlight intrusion on the neighboring buffer area from the west parking
spaces. Additionally, a condition shall be imposed as follows: the applicant will work with staff
to consider additional modifications to reduce headlight intrusion into the adjacent parcel.
Mayor Troxell asked if some other means of reducing the light spillover would be acceptable.
Councilmember Cunniff accepted a friendly amendment to investigate landscaping or parking
elimination.
Ms. Liley asked if the applicant could look at appropriate shielding that may not necessarily be
landscaping. Councilmember Cunniff accepted that request.
Councilmember Summers asked what type of wildlife is anticipated to be using this area. Everette
replied staff has not done any surveys of the site in particular; however, Natural Areas staff
documents wildlife along the full river corridor, including a variety of small and large mammals,
birds, and invertebrate species. Most species are most active in the dawn and dusk species;
however, there are nocturnal species as well.
Councilmember Summers asked about the In-Situ buffer zone. Everette replied it includes a mix
of trees, shrubs, native and non-native grasses, flowering plants, a detention pond, a community
garden, and some small gathering areas.
Councilmember Overbeck asked how many species have been identified in Fort Collins that could
possibly utilize the area. John Stokes, Natural Areas Director, replied he does not have that
specific information available, but it is likely in the hundreds.
May 1, 2018
City of Fort Collins Page 247
Shelley LaMastra, project planner, stated this site provides trail access from Lincoln Avenue to
the Poudre River in lieu of landscaping along the parking spaces. Any fencing would need to be
coordinated with In-Situ unless the trail width were to be narrowed.
Councilmember Cunniff stated he would like the applicant to consider some lessening of headlight
intrusion.
Mayor Troxell noted the elimination of fences is seen as being positive for wildlife.
Councilmembers Cunniff and Stephens accepted the motion wording changes as recorded by City
Attorney Daggett.
Councilmember Stephens stated the protection of the river corridor is important and narrowing
down this language aids in that protection.
Mayor Troxell stated this project will greatly enhance this existing portion of the river corridor.
Councilmember Cunniff agreed this will be an improvement over existing conditions, but stated
Council needs to ensure the best project is put forth within existing constraints.
The vote on the motion was as follows: Yeas: Stephens, Martinez, Cunniff, Horak, Troxell and
Overbeck. Nays: Summers.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, that Council find
the Hearing Officer’s decision approving the natural area buffer included in Spirit at the River
Project Development Plan 170026, subject to the two conditions imposed, meets the performance
standards of Land Use Code Section 3.4.1(E)(1)(a)-(i) for the reasons articulated by the Hearing
Officer, and with additional consideration of the need to reduce headlight and noise intrusion on
the Poudre River buffer zone, and that additional conditions shall be imposed as follows: that the
height of the berm at the southern edge of the drive aisle be modified to the maximum height that
will maintain a slope of four to one, with a minimum height of 4 feet, and that plantings in the
buffer zone be increased by working with staff to develop an improved landscape plan.
Councilmember Cunniff stated Council is obligated to adopt the applicant’s willingness to
consider additional modifications and arrive at an acceptable compromise. He stated he is
interested in future conversations regarding staff’s interpretation of this Land Use Code section
for future applicants.
Councilmember Martinez asked the applicant if these conditions are feasible. Ms. Liley replied in
the affirmative.
The vote on the motion was as follows: Yeas: Stephens, Martinez, Cunniff, Horak, Troxell and
Overbeck. Nays: Summers.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, that, in light of the
findings in the previous three motions, based on the evidence in the record and presented at this
May 1, 2018
City of Fort Collins Page 248
hearing, that the decision is modified as set forth in the previous motions, and except as so modified
is upheld as approved by the Hearing Officer.
RESULT: HEARING OFFICER DECISION UPHELD, WITH CONDITIONS, ADOPTED
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gerry Horak, District 6
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
16. First Reading of Ordinance No. 059, 2018, Appropriating Prior Year Reserves for the Purpose
of Providing Natural Areas Programming Not Included in the 2018 Adopted City Budget and
Authorizing the Transfer of Appropriations from the Natural Areas Fund into the Capital Project
Fund for the Whitewater Park Project. (Adopted on First Reading)
The purpose of this item is to appropriate $10,000,000 in prior year reserves and unanticipated
revenues in the Natural Areas Fund and to include a transfer of $273,812 to the Capital Projects Fund
for the Whitewater Park project. These appropriations are for land conservation, restoration of
wildlife habitat, a transfer of prior year reserves and commitments to fund restoration of the Poudre
River at the Whitewater Park, as well as other Natural Area Department programs to benefit the
citizens of Fort Collins.
Eric Sutherland discussed other possible uses for these funds, citing specific trails needing
maintenance.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance
No. 059, 2018, on First Reading.
Mayor Pro Tem Horak stated Mr. Sutherland has made some good points and requested staff
feedback in writing regarding trail maintenance.
John Stokes, Natural Areas Manager, stated the section of trail referenced by Mr. Sutherland is the
worst of the 115 miles managed by Natural Areas staff and he will return with a follow-up memo.
RESULT: ORDINANCE NO. 059, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
17. First Reading of Ordinance No. 061, 2018, Repealing and Reenacting Division 4 in Article IV of
Chapter 2 of the Code of the City of Fort Collins Pertaining to the Fort Collins Urban Renewal
Authority to Address Recent Changes in Colorado's Urban Renewal Law and Confirming the
Appointment of Andy Smith to the Authority's Board of Commissioners. (Adopted on First
Reading)
The purpose of this item is to amend City Code (Code) to provide for an expanded Urban Renewal
Authority (URA) Board following the requirements of state law associated with the creation of a new
Urban Renewal Plan Area. More particularly, this item amends the Code to provide for an expanded
URA Board that includes a county appointment, school district appointment, an appointment from
among the special districts, and to restore the board to an odd number, a mayoral appointment.
Additionally, the Code will be amended to clarify that the county, school district and special district
May 1, 2018
City of Fort Collins Page 249
appointees are not subject to the City’s conflict of interest provisions, but are subject to the conflict of
interest provisions that govern URAs as per state law.
Eric Sutherland questioned the City Code’s reference to appointing URA Board members and
questioned why new members are just now being added.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance
No. 061, 2018, on First Reading.
Councilmember Cunniff commended the completion of the URA Board membership.
Mayor Pro Tem Horak noted Mr. Sutherland’s lawsuit is taking school funding for legal defense
purposes.
RESULT: ORDINANCE NO. 061, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• OTHER BUSINESS
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to designate
Mayor Pro Tem Horak as City Council’s representative to address the Larimer County
Commissioners regarding the proposed sign code variance for American Furniture Warehouse.
Mayor Pro Tem Horak stated the variance request is for a much larger sign than is acceptable in
either the City or County.
The vote on the motion was as follows: Yeas: Troxell, Overbeck, Stephens, Martinez, Cunniff,
Summers and Horak. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff requested and received Council support to ask staff to examine the
proposed 2030 clean energy resolution and compare it to Fort Collins’ plans resulting in perhaps
a similar resolution for Council consideration.
Mayor Pro Tem Horak stated he would like to gain additional information prior to the formation
of a resolution.
Councilmember Cunniff noted he did not specify a timeline and would like staff to investigate the
possibility of meeting a 2030 100% renewable energy goal.
Mayor Troxell stated such a goal is full of blind spots and is not in line with the kinds of efforts
being made by the City.
Councilmember Summers concurred with Mayor Troxell.
Mayor Pro Tem Horak discussed the importance of the City and PRPA getting more information
out to the public about what is actually occurring.
May 1, 2018
City of Fort Collins Page 250
Mayor Pro Tem Horak stated staff has indicated they want to hold negotiations with Northern
Integrated Supply Project and an Executive Session will potentially occur.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
PM, Tuesday, May 8, 2018, for the purpose of considering a possible executive session regarding
legal issues related to the Northern Integrated Supply Project and such other business as may come
before the Council.
The vote on the motion was as follows: Yeas: Troxell, Overbeck, Stephens, Martinez, Cunniff,
Summers and Horak. Nays: none.
THE MOTION CARRIED.
• ADJOURNMENT
The meeting adjourned at 10:11 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 251
May 8, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff present: Atteberry, Daggett, Coldiron
1. Resolution 2018-045 Making Findings of Fact and Conclusions of Law Regarding the Appeal
of the Hearing Officer's Type 1 Administrative Decision Approving the Spirit at the River Project
Development Plan, PDP 17-0026 With Additional Conditions. (Adopted)
The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the
Hearing Officer decision to approve the Spirit at the River Project Development Plan. The appeal was
heard by City Council on May 1, 2018.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution
2018-045.
Councilmember Cunniff stated he would have preferred a different outcome and stated the Code
does not exempt buffer zone requirements because the project is better than what exists. He could
support the motion assuming he could receive Council support to direct the City Manager to
evaluate the river buffer and tighten enforcement.
RESULT: RESOLUTION 2018-045 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• OTHER BUSINESS
Councilmember Cunniff requested and received Council support to direct the City Manager to
evaluate the river and other buffer standards with a focus on moving closer to the maximum buffer
sizes.
Mayor Pro Tem Horak supported a review; however, he stated the 300-foot buffer distance was a
political decision, not a scientific decision, and he does not want to make a commitment to the
300-foot distance. Councilmembers Martinez and Summers agreed.
Councilmember Stephens stated it would be good to know what types of concessions are worth
decreasing the 300-foot distance. She stated more clarity would be helpful.
Councilmember Cunniff stated the standard that makes the most sense is the one that will protect
the river corridor per the goals of City Plan and the Land Use Code.
Mayor Troxell stated the river corridor should be taken in context and flexibility for more
restoration should exist.
May 8, 2018
City of Fort Collins Page 252
Councilmember Overbeck supported reviewing buffer standards to ensure the least impact on
habitat.
Councilmember Overbeck requested Council support to bring forth a discussion and motion
regarding support for an amicus brief on the Colorado Oil and Gas Conservation Commission v.
Martinez Colorado Supreme Court case at the next Council meeting.
Mayor Pro Tem Horak stated a week’s notice is not reasonable and suggested a June 3 date.
City Attorney Daggett stated those working on the amicus brief have given the City until May 25
to either opt in or decline participation.
Councilmember Cunniff stated he would rather see this item on a regular business meeting, which
would be next week.
Mayor Troxell stated he is not yet informed about the details and would need additional
information to determine whether supporting the brief should be considered.
Councilmember Overbeck noted Boulder County and other front range communities are involved
in the brief.
City Attorney Daggett stated there are currently 13 municipalities supporting the brief.
Councilmember Martinez noted the Court will hear the case regardless of how many municipalities
sign on to support a brief.
Councilmember Cunniff asked when briefs are due to the Court. City Attorney Daggett replied
she is unsure of that date; however, the authors of this brief are requesting the May 25 deadline.
Councilmember Cunniff asked if Fort Collins could create its own brief after hearing the item in
early June. City Attorney Daggett replied that would require the City Attorney’s Office to set
aside other work in order to get a brief prepared.
Mayor Pro Tem Horak and Councilmember Cunniff suggested copying the language of the
existing brief.
City Attorney Daggett stated staff would not copy the language; however, staff does not have any
concerns with the existing brief.
Councilmember Summers stated this is a political anti-oil and gas effort.
City Attorney Daggett stated she would need to procedurally evaluate what steps would be needed
to allow the City to file its own amicus brief.
Mayor Pro Tem Horak suggested the City Attorney look at dates and report back to Council by
next Tuesday. Councilmember Overbeck agreed.
Councilmember Cunniff stated it has been shown that the ozone concentrations in Larimer County
are at least partly attributable to oil and gas emissions in Weld County.
May 8, 2018
City of Fort Collins Page 253
Councilmember Summers stated the Court will look at whether the basis of the suit that says there
is no consideration for health and safety is accurate, a statement with which he disagreed.
Mayor Pro Tem Horak summarized there is enough support to have the City Attorney report back
next week.
Adjourn into Executive Session
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the City Council
go into Executive Session for the purpose of meeting with the City Attorney and the City
Management staff to discuss the following matters as permitted under Section 2-31(A)(2) of the
City Code and the Colorado Revised Statutes Section 24-6-402(4)(B), specifically with questions
relating to litigation or potential litigation involving the City regarding federal and state review
and permitting of water storage projects, and specifically the Northern Integrated Supply Project,
and the matter in which particular policies, practices, or regulations of the City that may be
impacted by the proposed Northern Integrated Supply Project may be affected by existing or
proposed provisions of federal, state, or local law.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• ADJOURNMENT
The meeting adjourned at 7:26 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 254
May 15, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 7, Items Relating to the Downtown Development Authority
Line of Credit Finance for 2019-2024, has an amended Resolution and the staff report related to
the I-25 Business Alliance will be moved to the July meeting. Staff will give an update on the
Urban Renewal Authority.
Eric Sutherland withdrew Item Nos. 2, Second Reading of Ordinance No. 059, 2018,
Appropriating Prior Year Reserves for the Purpose of Providing Natural Areas Programming Not
Included in the 2018 Adopted City Budget and Authorizing the Transfer of Appropriations from
the Natural Areas Fund into the Capital Project Fund for the Whitewater Park Project, 4, Second
Reading of Ordinance No. 061, 2018, Repealing and Reenacting Division 4 in Article IV of
Chapter 2 of the Code of the City of Fort Collins Pertaining to the Fort Collins Urban Renewal
Authority to Address Recent Changes in Colorado's Urban Renewal Law and Confirming the
Appointment of Andy Smith to the Authority's Board of Commissioners, and 7, Items Relating to
the Downtown Development Authority Line of Credit Finance for 2019-2024, from the Consent
Agenda.
• CITIZEN PARTICIPATION
Eric Sutherland opposed the current development review process from the perspective of citizens.
He stated the development review citizen liaison is ineffective.
Kathryn Dubiel opposed the approval and planning process of the Spirit at the River PDP.
Colleen Hoffman discussed an apartment project, approved as an expansion of an existing
complex, and stated it does not meet the Land Use Code on its own merit.
Adam Lovell discussed recent tragedies in the Gaza Strip and encouraged the City to support the
Palestinian people. He stated Vector Disease Control International needs to be held accountable
in its spraying and encouraged the City to ban neonicotinoids.
Kevin Cross urged Council to support the amicus brief in the COGCC v. Martinez case.
Jesse Bierman expressed concern about the opioid crisis.
Ted Walkup thanked Councilmember Overbeck for requesting Council’s support of the amicus
brief in the COGCC v. Martinez case. He stated oil and gas operations have a detrimental effect
on children’s physical and mental development.
May 15, 2018
City of Fort Collins Page 255
Hannah Samuel discussed the opioid crisis and its impact on Colorado and Fort Collins.
Elizabeth Hudetz, Fort Collins Sustainability Group, urged Council to support the amicus brief in
the COGCC v. Martinez case.
Logan Schmitt discussed the opioid crisis and stated he has witnessed kids doing drugs at local
skate parks. He requested the City have more supervision at parks.
Necee (no last name given) expressed concern about the state of our livable future.
Jeremy Mack expressed concern about the decline of flying insects.
Kaitlyn Young discussed medicinal benefits of plants often sprayed as weeds.
Gayla Martinez urged Council to support the amicus brief in the COGCC v. Martinez case.
Tim Gosser, 350 Northern Colorado, thanked Councilmember Overbeck for his support of the
COGCC v. Martinez amicus brief and urged Council to support the brief.
John Anderson discussed sustainability and stated the planet is in worse shape now than it was in
the 1970’s.
Fred Kirsch discussed Fort Collins’ solar efforts and stated citizens must continue voicing opinions
and concerns.
Nicholas Mouton stated a contractor has been hired to spray herbicides in the LaFamilia garden.
He stated herbicides should be banned in the city.
Thomas Edwards stated his numbers and the City’s numbers on bicycle ridership do not match and
there are significant numbers of cyclists breaking traffic laws.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Pro Tem Horak summarized the citizen comments.
Councilmember Cunniff stated he would like to conduct an insect inventory in Fort Collins and
requested information as to the herbicides and pesticides used at City parks and buildings. He
thanked the students who spoke and requested staff follow-up with a report on substance use at
City parks.
Councilmember Martinez requested staff follow up regarding Mr. Mouton’s comments. He
thanked the students who spoke regarding the opioid crisis.
Councilmember Summers thanked the students who spoke regarding the opioid crisis.
Councilmember Stephens thanked the students who spoke regarding the opioid crisis.
Councilmember Cunniff discussed the importance of drug take-back days and requested additional
information regarding Mr. Kirsh’s comments.
May 15, 2018
City of Fort Collins Page 256
Mayor Pro Tem Horak stated he believes citizens would be outraged if renewable energy sources
were placed in Natural Areas.
• CONSENT CALENDAR
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
1. Consideration and Approval of the Minutes of the April 17, 2018 Regular Council Meeting and
the April 24, 2018 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the April 17, 2018 Regular Council Meeting
and the April 24, 2018 Adjourned Council Meeting.
2. Second Reading of Ordinance No. 060, 2018, Appropriating Unanticipated Grant Revenue in
the Transportation Fund from the Colorado Department of Transportation and the BNSF
Railway Foundation for the Safe Routes to School Program. (Adopted)
This Ordinance, adopted on First Reading on May 1, 2018, appropriates $25,584 in unbudgeted funds
received through two grants for the Safe Routes to School (SRTS) program (part of the City’s FC
Moves Department). The Colorado Department of Transportation (CDOT) has awarded an $18,584
grant for acquisition of new equipment, and BNSF Railway Foundation has awarded a $7,000 grant
for SRTS bike-pedestrian safety education in K-8 schools. This project requires a 20% local match for
the CDOT grant ($4,646), which will be paid from a portion of the BNSF Railway Foundation grant.
On Second Reading, the reference to “BNSF Railroad Foundation” has been changed to “BNSF
Railway Foundation.”
3. Second Reading of Ordinance No. 064, 2018 Authorizing the Conveyance of Various Property
Interests on City-Owned Property at Pelican Marsh Natural Area to Pedcor Investments LLC.
(Adopted)
This Ordinance, unanimously adopted on First Reading on May 1, 2018, authorizes the conveyance
of one non-exclusive permanent drainage easement, one non-exclusive permanent slope easement
and two temporary construction easements on Pelican Marsh Natural Area (Pelican Marsh) to Pedcor
Investments LLC. (Pedcor).
4. Second Reading of Ordinance No. 065, 2018, Authorizing the Conveyance to the Colorado
Department of Transportation of Various Property Interests on City-Owned Property at
Arapaho Bend Natural Area. (Adopted)
This Ordinance, adopted on First Reading on May 1, 2018, authorizes the conveyance of two
permanent right-of-way easements, one temporary construction easement, and a triangle strip of land
on Arapaho Bend Natural Area to the Colorado Department of Transportation (CDOT).
May 15, 2018
City of Fort Collins Page 257
5. First Reading of Ordinance No. 067, 2018, Approving the Waiver of Certain Fees for the
Oakridge Crossing Affordable Housing Project. (Adopted)
The purpose of this item is to present an affordable housing fee waiver request for Oakridge Crossing
and if granted, authorizing a refund of waived fees already paid. Oakridge Crossing, LLLP has
requested that certain development and capital improvement expansion fees be waived for qualifying
units at Oakridge Crossing, an affordable senior community. In March 2013, City Council limited the
types of projects for which fee waivers may be requested and made these waivers discretionary.
Eligible projects are those constructed for homeless or disabled persons, or for households whose
income falls at or below 30% of the area median income of all City residents. Oakridge Crossing LLLP
is requesting fee waivers in the amount of $90,923 for the 13 qualifying units at Oakridge Crossing.
Council Finance Committee supports this request and suggested using funds from the Affordable
Housing Capital Fund in the Community Capital Improvement Program fund for the refund.
6. First Reading of Ordinance No. 068, 2018, Designating the McMillan-Patterson Property, 121
North Grant Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the Code of the City of Fort Collins. (Adopted)
This item is to consider the request for landmark designation for the McMillen-Patterson Property, 121
North Grant Avenue, an excellent example of an Eastlake-style home from the late 1880s.
7. First Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort
Collins Land Use Code. (Adopted)
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use
Code that are generally housekeeping and routine in nature that have been identified since the last
update in May 2017.
8. Resolution 2018-047 Supporting Consulting Services Related to Interstate 25 (I-25) Funding for
Traffic Solution Efforts. (Adopted)
The purpose of this item is to provide a Resolution of support for the Fix North I-25 Business Alliance’s
efforts to seek timely improvements to the I-25 Corridor in Northern Colorado. This item supports
Council Priority for I-25 funding; Strategic Plan Objectives: Transportation 6.1, 6.4; and Council
legislative priority re: I-25 funding.
9. Resolution 2018-048 Authorizing the Assignment of the City's Private Activity Bond Allocation
for 2018 to the Colorado Housing and Finance Authority and Housing Catalyst to Finance the
Rehabilitation or Construction of Affordable Housing Units. (Adopted)
The purpose of this item is to support two local affordable housing projects by assigning the City’s
2018 Private Activity Bond allocation.
10. Resolution 2018-049 Approving Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming and Tourism Programming Accounts for the selected community and tourism events,
based upon the recommendations of the Cultural Resources Board.
11. Resolution 2018-050 Making Appointments to the Affordable Housing Board, Golf Board, Parks
and Recreation Board and Youth Advisory Board of the City of Fort Collins. (Adopted)
The purpose of this item is to appoint Rachel Auldridge to fill a vacancy on the Affordable Housing
Board due to the resignation of Eloise Emery. Appoint Bob Pawlikowski to the Golf Board due to the
resignation of Ashley Gruber. Appoint Robert Kingsbury to the Parks and Recreation Board due to the
resignation of Kenneth Layton. Appoint Sam Hammock, Suhaas Narayanan, and Kaustubh Kaushik
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to the Youth Advisory Board due to resignations from Roshini Narayanan and Betsy Pruznick and term
expiration of Nela Mohan.
In December 2017, Councilmembers Bob Overbeck and Ken Summers interviewed applicants for the
Affordable Housing Board; Councilmembers Ken Summers and Kristin Stephen interviewed applicants
for the Parks and Recreation Board from a pool of candidates solicited during the fall of 2017.
Recommendations for appointments were made and several applicants were identified for any future
vacancies. On May 9, 2018 Councilmembers Ray Martinez and Bob Overbeck conducted interviews
for the Golf Board and the Youth Advisory Board from applications received during the first quarter of
2018.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff requested follow up on how the City plans to ensure the apartments stay
dedicated for the use of individuals at 30% AMI or lower.
• STAFF REPORTS
Deputy City Manager Mihelich stated recent development review process enhancements will
increase efficiencies and improve customer service, but not at the expense of losing quality design
standards. Staff is committed to making the new process predictable, consistent, friendly, and fair.
Specific changes will include electronic plan review, hiring new development review coordinators
to be liaisons for customers, providing accurate fee estimates at the concept phase, and providing
real time tracking of cases from start to finish.
Councilmember Cunniff stated he has heard concerns development review fees are being used as
a general fund “slush fund”. He also stated accuracy needs to be part of the new process and asked
where the idea of overhauling the Land Use Code originated. Mihelich replied that has come from
community stakeholders and City Plan feedback. He stated that overhaul will be written as a BFO
offer.
Councilmember Cunniff asked if neighborhood stakeholders have expressed the opinion that the
Land Use Code needs to be changed. Mihelich replied a stakeholder committee, including
neighborhood residents, would be formed as part of the process if Council provides direction to
move forward.
City Manager Atteberry agreed with Councilmember Cunniff’s statements.
Councilmember Martinez asked what happens with extra development review funds. City
Manager Atteberry replied he would prefer to address that before the Council Finance Committee
but noted there is clear accounting for all funds.
• URBAN RENEWAL AUTHORITY UPDATE (JOSH BIRKS)
Josh Birks, Economic Health Director, discussed how urban renewal aligns with the City’s vision,
mission, and values. He stated the Urban Renewal Authority Board is expanding as a result of
statute changes made in 2015. The new Board will consist of the existing Councilmembers, Steve
Johnson, Larimer County Commissioner, Christophe Febvre, Poudre School District Board
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President, Joe Weiss, Poudre River Public Library District Board member, and Andy Smith, who
was a Mayoral appointment.
Birks discussed the training received by the new Board.
Councilmember Cunniff thanked the newly appointed members for their service.
• COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the Safe Routes to School event at Lesher and the
Metropolitan Planning Organization meeting.
Councilmember Martinez reported on Teacher and Nurse Appreciation Week and showed slides
of the National Tourism Breakfast at CSU, the FoCo Space Out event, the Outreach Fort Collins
community appreciation event during which an employee who has worked at the library for 45
years was recognized.
Mayor Pro Tem Horak reported on his presentation to the Larimer County Commissioners on the
proposed American Furniture Warehouse sign. The company submitted for a slightly smaller sign
and the Commissioners did not approve a moving message sign.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
• DISCUSSION ITEMS
12. Resolution 2018-051 Amending the West Nile Virus Management Policy and Providing
Direction to the City Manager Regarding Implementation of the Policy. (Adopted)
The purpose of this item is to adopt enhancements to the West Nile Virus Management Program. Staff
is presenting three options for Council consideration; the first two options would update the West Nile
Virus (WNV) Management Policy, and the final option maintains the status quo. The program changes
being offered propose changes to the program response guidelines (operational practices) as they
relate to the vector index requirement and human case requirement threshold.
Mike Calhoun, Director of Parks, stated the City’s policy regarding West Nile is to reduce the risk
of human West Nile Virus impacts while limiting adverse human health and environmental
impacts of operations. He discussed the City’s process addressing West Nile and mosquito
spraying and stated staff was asked to review the adult mosquito control thresholds during its
annual continual improvement assessment. He stated the staff recommendation decreases the
vector index to 0.5 from 0.75 and removes the human case consideration.
Calhoun discussed the vector index, which is a mathematical calculation that expresses the virus
activity in the mosquito population. He stated the goal is to spray prior to the peak in infection
rates.
Calhoun discussed an alternative proposal which would leave the vector index at 0.75 but still
remove the human case consideration, or Council could opt to leave the vector index at 0.75 and
leave the human case consideration intact.
Terry Francl stated his property abuts the Fossil Creek wetlands and supported adoption of the
staff-recommended Resolution.
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Adam Lovell supported adoption of the staff-recommended Resolution but requested signage be
posted during spraying and encouraged staff to look into organic spraying alternatives.
Eric Levine noted the City’s main treatment is larvaciding rather than adulticiding. He supported
the City’s monitoring program and supported leaving the vector index as is.
John Ruehrig supported adoption of the staff-recommended Resolution to lower the vector index
and eliminate the human case consideration.
Dr. Chet Moore discussed the relationship between the vector index and human cases and stated
there will be human cases in subsequent weeks when the vector is 0.5 or above.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
Councilmember Summers made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2018-051, Option 1.
Councilmember Cunniff stated one of the components of West Nile infection rates is the response
of individuals to the presence of mosquitos. He asked if spraying too much, or without significant
effect, could negatively impact West Nile infection rates. Calhoun replied staff is very thoughtful
and deliberate about public outreach efforts and will improve those efforts based on annual
examination.
Councilmember Cunniff asked how wetlands such as Fossil Creek are addressed. Calhoun replied
more resources going toward larvaciding could increase the effectiveness of the wetland portion
of the program.
Councilmember Cunniff requested staff address the recommendations of the technical advisory
committee. Matt Parker, Natural Areas Crew Chief, replied there are divergent viewpoints on the
technical advisory committee that are not going to take a stance that would lead to more frequent
applications.
Councilmember Summers asked how robust the discussions at boards and commissions were.
Parker replied the three boards have historically had input on this issue and they received a detailed
presentation.
Councilmember Summers discussed the City’s goal for West Nile and stated it does not address
eliminating risk. He supported the staff recommendation and stated there is no information as to
what type of exposure to spraying it would take to create a negative impact.
Mayor Pro Tem Horak discussed the logic used while spraying. He questioned why a significant
drop in cases does not exist 3 weeks after spraying.
Councilmember Summers stated there is not a direct nexus between numbers of West Nile cases
in a theoretical model; however, the policy staff is proposing reduces the risk of infection.
Councilmember Cunniff supported providing more notification at the parking lots of Natural Areas
and parks. He did not support of going to the 0.5 vector index and zero human cases threshold as
the risk may be increased if spraying occurs more often. He stated there is not a firm chain of
causality established between adulticiding and reducing the risk of human cases. He is not
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convinced changing the policy in both the vector index and human case consideration will make
the most difference in reducing risk.
Mayor Pro Tem Horak asked how additional spraying would be funded if the vector index is
changed to 0.5. Calhoun stated the County has two staff members that assist on the technical
advisory committee; however, they do not fund the larvaciding program.
The vote on the motion was as follows: Yeas: Martinez and Summers. Nays: Cunniff, Horak,
Stephens and Overbeck.
THE MOTION FAILED.
Councilmember Summers made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2018-051, Option 2.
Mayor Pro Tem Horak stated he will support the motion and stated he would like to see the County
provide additional funding.
Councilmember Summers stated it is important to understand the County has incurred the cost of
spraying inside City limits when it is their decision to spray.
Councilmember Stephens stated she would support the motion as she does not feel secure enough
in the data to ensure that lowering the vector index is the right way to go.
Councilmember Overbeck stated he would support the motion and suggested the CDC and USDA
collaborate to look at monitoring of West Nile in rural areas.
Councilmember Cunniff stated he would not support the motion because the community has yet
to reach a consensus on the topic.
RESULT: RESOLUTION 2018-051, OPTION 2, ADOPTED [5 TO 1]
MOVER: Ken Summers, District 3
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Horak
NAYS: Cunniff
ABSENT: Troxell
13. Resolution 2018-052 Authorizing the Execution of a Funding Agreement Between the City and
the Housing Authority for a Loan of Funds from the Affordable Housing Capital Fund for Mason
Place. (Adopted)
The purpose of this item is to consider a resolution authorizing the execution of a funding agreement
between the City of Fort Collins and Fort Collins Housing Authority (doing business as Housing
Catalyst) for a loan of funds from the Affordable Housing Capital Fund (specific fund within the
Community Capital Improvement Program) for the construction of Mason Place, a permanent
supportive housing development. The funding amount requested is $876,662, to assist with the
remaining funding gap prior to application for Low Income Housing Tax Credits which, along with
mortgage debt, will provide the majority of the funding needed for the project. The proposed agreement
will be subject to future appropriation by the City Council.
Jackie Kozak-Thiel, Chief Sustainability Director, stated this item is the first request to use this
fund for a direct subsidy, specifically to provide support for a permanent supportive housing
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City of Fort Collins Page 262
development by Housing Catalyst. She noted Council received a recommendation from
Homeward 2020 in support of the request.
Beth Sowder, Social Sustainability Director, stated this item would authorize the execution of a
funding agreement with Housing Catalyst. This would be a loan from the affordable housing
capital fund for the construction of Mason Place, a permanent supportive housing development.
The loan will allow the funding gap to be filled prior to the project applying for low-income tax
credits. Sowder discussed the ways in which this proposal meets the City’s goals and objectives.
Mason Place will be similar to Redtail Ponds in both programming and design. The loan will be
provided over a 3-year period and is conditioned upon Housing Catalyst receiving the 2018 low-
income tax credit award. Staff and the Affordable Housing Board are recommending approval of
this item.
David Bye, Housing Catalyst Board Chair, thanked the City for its support of affordable housing
and noted Redtail Ponds is an award-winning project.
Julie Brewen, Housing Catalyst Executive Director, discussed the importance of permanent
supportive housing and thanked Council for its thoughtful consideration.
Councilmember Cunniff discussed the process for this item and stated a memo to the Council
Finance Committee should occur in the future. He discussed the importance of the project in the
community.
Councilmember Stephens asked about the Community Development Block Grant (CDBG)
funding of the project. Sowder replied there were five applications, two of which were 100%
funded and two of which, including this project, were partially funded.
Councilmember Martinez asked if this project provides housing only for individuals with
disabilities. Ms. Brewen replied the HUD funding requires each resident to have a disability;
however, that definition is quite broad.
Councilmember Stephens made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-052.
Councilmember Martinez expressed appreciation for this project.
Councilmember Stephens commended the Redtail Ponds project and stated she will be happy to
support this project.
Mayor Pro Tem Horak and Councilmember Cunniff expressed support for the project.
RESULT: RESOLUTION 2018-052 ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
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City of Fort Collins Page 263
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
14. Second Reading of Ordinance No. 059, 2018, Appropriating Prior Year Reserves for the
Purpose of Providing Natural Areas Programming Not Included in the 2018 Adopted City
Budget and Authorizing the Transfer of Appropriations from the Natural Areas Fund into the
Capital Project Fund for the Whitewater Park Project. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on May 1, 2018, appropriates $10,000,000 in
prior year reserves and unanticipated revenues in the Natural Areas Fund and to include a transfer
of $273,812 to the Capital Projects Fund for the Whitewater Park project. These appropriations
are for land conservation, restoration of wildlife habitat, a transfer of prior year reserves and
commitments to fund restoration of the Poudre River at the Whitewater Park, as well as other Natural
Area Department programs to benefit the citizens of Fort Collins.
Eric Sutherland stated one of the most heavily used trails in the city is in need of significant
maintenance. He stated trail maintenance should be prioritized over land acquisition. He opposed
the fact no specific parcel or parcels is identified for acquisition.
John Stokes, Natural Areas Director, stated every mile of trails is analyzed annually and the section
shown by Mr. Sutherland is characterized as being in poor condition; however, some users are not
opposed to its condition. The Foothills Management Plan will be updated beginning this year and
public outreach about all Foothills trails will occur. Additionally, there is planned maintenance on
a portion of that trail this summer.
Councilmember Summers asked if there is a budget plan for trail maintenance. Stokes replied in
the affirmative and stated this appropriation will not affect that fund.
Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 059, 2018, on Second Reading.
RESULT: ORDINANCE NO. 059, 2018, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
15. Second Reading of Ordinance No. 061, 2018, Repealing and Reenacting Division 4 in Article IV
of Chapter 2 of the Code of the City of Fort Collins Pertaining to the Fort Collins Urban Renewal
Authority to Address Recent Changes in Colorado's Urban Renewal Law and Confirming the
Appointment of Andy Smith to the Authority's Board of Commissioners. (Adopted on Second
Reading)
This Ordinance, unanimously adopted on First Reading on May 1, 2018, amends City Code (Code) to
provide for an expanded Urban Renewal Authority (URA) Board following the requirements of state
law associated with the creation of a new Urban Renewal Plan Area. More particularly, this item
amends the Code to provide for an expanded URA Board that includes a county appointment, school
district appointment, an appointment from among the special districts, and to restore the board to an
odd number, a mayoral appointment. Additionally, the Code will be amended to clarify that the county,
school district and special district appointees are not subject to the City’s conflict of interest provisions,
but are subject to the conflict of interest provisions that govern URAs as per state law.
Eric Sutherland stated his lawsuit against the School District has been a tragedy for the community
and stated Council and School Board members know nothing about the issue. The URA
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City of Fort Collins Page 264
appointments have never been made by the Mayor, per Code, until this appointment and discussed
what he called a “mythical” trigger mechanism for enlarging the URA Board.
Councilmember Martinez requested City Attorney input regarding Mr. Sutherland’s comments.
City Attorney Daggett replied she disagrees with Mr. Sutherland’s interpretation and the language
is clear in that there are specific triggering mechanisms, including adoption of a new plan or
amendment of a plan, for enlarging the URA Board.
Councilmember Martinez asked if the Board needed to be appointed by the Mayor. City Attorney
Daggett replied the Code language will be changing as a new process is being adopted. She stated
Council is properly on the URA Board due to the City’s practices; however, this Ordinance will
provide new language and a new process.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 061, 2018, on Second Reading.
RESULT: ORDINANCE NO. 061, 2018, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
16. Items Relating to the Downtown Development Authority Line of Credit Finance for 2019-2024.
(Adopted on First Reading)
A. Resolution 2018-046 Approving an Intergovernmental Agreement Between the City of Fort Collins
and the Fort Collins Downtown Development Authority Governing the Use of a Line of Credit.
B. First Reading of Ordinance No. 066, 2018, Authorizing the Establishment of a Revolving Line of
Credit to be Paid Solely with Downtown Development Authority Tax Increment Funds for a Six-
Year Period in the Amount of up to Five Million Dollars Per Draw to Finance Downtown
Development Authority Projects and Programs in Accordance with the Downtown Development
Authority Plan of Development and Approving Related Documents.
The purpose of this item is to renew the current Line of Credit (LOC) established in 2012 by the City
on behalf of the Downtown Development Authority (DDA), which is scheduled to expire at the end of
2018. The City and DDA began taking steps earlier this year to renew this debt instrument with First
National Bank for another six-year term, as it will be needed by the DDA to execute its projects and
programs beginning in budget year 2019.
The Board of Directors of the Downtown Development Authority believes it would be financially
beneficial for the DDA and the community as a whole to renew the Line of Credit with First National
Bank for a six-year period through adoption of Ordinance No. 066, 2018. The Line of Credit will be
used to finance DDA projects and programs. Adoption of Resolution 2018-046 will approve the Second
Intergovernmental Agreement (IGA), which provides the process steps by which the City and DDA
engage the LOC.
Matt Robenault, Downtown Development Authority Executive Director, stated this item requests
a renewal of a line of credit with First National Bank. The line of credit is used to satisfy the
statutory requirements for expenditure of tax increment and to generate proceeds to fund DDA
projects and programs. It is anticipated the line of credit will be used to fund $36 million in projects
during its 6-year term.
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City of Fort Collins Page 265
Eric Sutherland stated the line of credit may satisfy statutory requirements but questioned whether
it satisfies constitutional proscriptions.
Councilmember Martinez asked if there are any constitutional issues with this item. City Attorney
Daggett replied Mr. Sutherland’s constitutional issues relate to the use of TIF and how it relates to
school district funding. She stated this item does comply with the statute and it is appropriate to
use this DDA revenue stream.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-046.
Councilmember Cunniff thanked the Finance staff for its memo regarding the procurement and its
relation to the City’s bid process.
RESULT: RESOLUTION 2018-046ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 066, 2018, on First Reading.
Councilmember Martinez noted it is important for the public to hear both Mr. Sutherland's
arguments as well as the City Attorney's perspective.
RESULT: ORDINANCE NO. 066, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
• OTHER BUSINESS
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, that this meeting
be adjourned to 6 PM, Tuesday, May 22
nd
, 2018, for the purpose of considering a possible motion
to direct whether the City will join in the amicus brief prepared by a group of local government
entities in the Colorado Oil and Gas Conservation Commission versus Martinez case, and for such
other business as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
May 15, 2018
City of Fort Collins Page 266
• ADJOURNMENT
The meeting adjourned at 9:42 PM.
______________________________
Mayor Pro Tem
ATTEST:
________________________________
City Clerk