HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/02/2018 - CONSIDERATION AND APPROVAL OF THE MINUTES FROM THEAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes from the December 5, 2017 Regular Council Meeting, the
December 12, 2017 Adjourned Council Meeting and the December 13, 2017 Special Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the December 5, 2017 Regular Council meeting,
December 12, 2017 Adjourned Council meeting and the December 13, 2017 Special Council meeting.
ATTACHMENTS
1. December 5, 2017 (PDF)
2. December 12, 2017 (PDF)
3. December 13, 2017 (PDF)
City of Fort Collins Page 82
December 5, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• CITIZEN PARTICIPATION
Myles Crane, Steering Committee of Partnership for Age Friendly Communities, congratulated
the City on receiving the Baldridge Award. He discussed the organization and two recently
completed projects, Senior Access Points and Homeshare.
Eric Sutherland opposed the electric utility time of use rate ordinance adopted at the last Council
meeting. He opposed the formation of a broadband utility.
Diane Smith, Senior Advisory Board, discussed housing needs of seniors and a recently created
info-graphic illustrating those needs.
Gregg Leverett discussed being threatened with arrest by the Sherriff’s Office and Fort Collins
Police Department and the Dyer case.
George Grossman, Happy Lucky’s Tea House, suggested the City provide free parking validations
for customers to aid in the loss of parking spaces during water line replacement construction.
Colin Garfield, Fort Collins Citizens’ Broadband Committee, discussed the national spotlight on
Fort Collins given election results supporting broadband efforts and net neutrality.
Sean McGill, Rigden Farm Residential Homeowners Association and Rigden Farm Master
Homeowners Association, discussed excess water fees paid, and expected to be paid, by the
Associations. He requested Council consider extending the deadline for purchasing water rights.
Brad Bishop, Fort Collins Running Club, thanked Council and the City for its support of races and
public trails. He stated Fort Collins is one of two communities in Colorado to be named as a
runner-friendly city by the Road Runners Club of America and discussed the Club’s efforts to
collect trash in October.
David Ayraud, Rigden Farm Homeowners Association, discussed water rates and requested
Council consider extending the deadline for purchasing water rights.
Anthony Shibata, Rigden Farm Residential Homeowners Association, discussed water rates and
requested Council consider extending the deadline for purchasing water rights.
December 5, 2017
City of Fort Collins Page 83
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Pro Tem Horak summarized the citizen comments and requested staff input.
Kevin Gertig, Utilities Director, stated Utilities staff will meet with the Rigden Farm HOA to
address potential impacts and will follow-up with Council.
Councilmember Martinez asked if this pertains only to new development in the HOA or existing
homes. Lance Smith, Utilities Strategic Finance Director, replied staff had several discussions
with Council about adjusting the cost of water rights. Once the new cash-in-lieu rate was approved,
staff looked at all existing water accounts that have exceeded the amount of water they have been
provided through water rights. Those accounts have been paying an excess water use surcharge
for several years. Staff has informed those customers that surcharge is going to more than double
next year and they have an opportunity to bring forth additional water rights to mitigate the
anticipated increase in the surcharge. Rigden Farm HOA was made aware of this about two
months ago.
Councilmember Martinez expressed concern the HOA has not had enough time to organize its
members.
Mayor Pro Tem Horak requested additional information from staff with recommendations as to
how to deal with this issue. City Manager Atteberry replied staff would return with that as soon
as possible.
Councilmember Cunniff discussed the excess water use surcharge and requested information about
its doubling.
Regarding the Walnut Street parking issue, Matt Fater, Interim Water Engineering Field Services
Manager, stated staff has been working with Walnut Street business owners and is evaluating a
request from them to provide parking vouchers to help offset some of the loss of parking during
construction.
City Manager Atteberry stated staff is looking at the City’s construction process in general and the
various types of inconveniences and challenges created for businesses. An enterprise-wide
approach to treat all businesses equally is being examined.
• CONSENT CALENDAR
Councilmember Overbeck pulled Item No. 2, Items Relating to Code Amendments to Manage
Small Cell and Other Communication Facility Installations in City Rights-of-Way and on City
Infrastructure, from the Consent Agenda.
Councilmember Cunniff pulled Item No. 5, Second Reading of Ordinance No. 163, 2017,
Repealing and Reenacting Article V of Chapter 24 of the Code of the City of Fort Collins and
Amending the Fort Collins Traffic Code Regarding the Residential Parking Permit Program, from
the Consent Agenda.
December 5, 2017
City of Fort Collins Page 84
Eric Sutherland pulled Item No. 7, First Reading of Ordinance No. 166, 2017, Appropriating Prior
Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees and Use
Tax, from the Consent Agenda.
Councilmember Cunniff 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: 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 November 7, 2017 Regular Council Meeting
and the November 13, 2017 Adjourned Council Meeting. (Adopted)
The purpose of this item is to consider and approve the minutes from the November 7, 2017 Regular
Council meeting and the November 13, 2017 Adjourned Council meeting.
2. Items Relating to the Community Services 2018 Mid-Year Budget Cycle Appropriation
Requests. (Adopted)
A. Second Reading of Ordinance No.158, 2017, Appropriating Prior Year Reserves in the Natural
Areas Fund and Authorizing the Transfer of Appropriations from the Natural Areas Fund into the
Capital Project Fund for the Natural Areas Maintenance Facility Expansion Project and
Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places
Program.
B. Second Reading of Ordinance No. 159, 2017, Appropriating Prior Year Reserves in the Capital
Expansion Fund and Authorizing the Transfer of Appropriations from the Capital Expansion Fund
into the Capital Project Fund for Community Park Development and Transferring Appropriations
to the Cultural Services and Facilities Fund for the Art in Public Places Program.
C. Second Reading of Ordinance No. 160, 2017, Appropriating Prior Year Reserves in the Capital
Expansion Fund and Authorizing the Transfer of Appropriations from the Capital Expansion Fund
into the Capital Project Fund for the East District Maintenance Facility and Transferring
Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program.
These Ordinances, unanimously adopted on First Reading on November 21, 2017, appropriate the
additional funding for Natural Areas and Parks and Park Planning & Development projects. These
projects, which were reviewed by City Council at the October 24, 2017 Council Work Session, include
a Natural Areas Maintenance Facility Expansion, Community Park Development and an East District
Park Maintenance Facility.
3. Items Relating to the Horsetooth Road and College Avenue Intersection Improvement Project.
(Adopted)
A. Second Reading of Ordinance No. 161, 2017, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund and Authorizing the Transfer of Appropriations from
the Transportation Capital Expansion Fee Fund into the Capital Project Fund for the “Horsetooth
and College Intersection Project”, and Transferring Appropriations to the Cultural Services and
Facilities Fund for the Art in Public Places Program.
December 5, 2017
City of Fort Collins Page 85
B. Second Reading of Ordinance No. 162, 2017, Authorizing the Acquisition by Eminent Domain of
Certain Lands Necessary to Construct Public Improvements in Connection with the Horsetooth
Road and College Avenue Intersection Improvements Project.
These Ordinances, unanimously adopted on First Reading on November 21, 2017, appropriate
$1,100,000 of prior year reserves in the Transportation Capital Expansion Fee Fund and obtain
authorization from City Council to use eminent domain, if deemed necessary, to acquire property
interests needed to construct improvements to the intersection of Horsetooth Road and College
Avenue. Council previously appropriated the majority of the project funding through previous Council
actions, including the 2017-2018 budget process, which identified additional funding was going to be
needed with a future appropriation in 2019. The project was previously scheduled to be completed in
2019, but the project schedule has been accelerated to be complete in 2018.
4. Second Reading of Ordinance No. 165, 2017 Creating and Establishing the Midtown Business
Improvement District. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 21, 2017, creates and
establishes the Midtown Business Improvement District, appoints the initial members of the Board of
Directors of the District, approves the District's Initial Operating Plan and Budget; and designates the
area as a location for new business or commercial development.
The Initial Operating Plan has been revised between First and Second Reading of the Ordinance to
address issues that were raised by Council at First Reading. The revised Initial Operating Plan is
attached as Exhibit “E” to the Ordinance and the revisions are on page 6 of the Plan. The issues
addressed in these revisions are to clarify that: (1) the District will be operated in compliance with all
applicable Colorado laws, including the Fair Campaign Practices Act; (2) authorized District
improvements will be available and open to the public in a non-discriminatory manner; and (3) the
District cannot provide security services now or in the future unless authorized to so by the City
Council.
5. First Reading of Ordinance No. 167, 2017, Amending Section 2-568(c)(2) of the Code of the City
of Fort Collins Pertaining to Rules of Conduct Applicable to Councilmember Conduct.
(Adopted)
The purpose of this item is to amend Section 2-568(c)(2) of the City Code to add clarifying language
that limits Councilmember interaction with City officers and employees regarding matters for which a
conflict of interest has been declared.
6. First Reading of Ordinance No. 168, 2017, Amending Chapter 26, Articles VI and VII of the Code
of the City of Fort Collins to Correct Errors in How Certain Utility Fees Formulae are Expressed
Related to Electric Utility Development Fees and Single-Family Residential Stormwater Utility
Fees. (Adopted)
The purpose of this item is to correct two formulas relating to development charges and monthly fees
for the Light and Power and Stormwater utilities. The first correction fixes an omission in the calculation
of kilo-watt demand for electric capacity charges. The second correction fixes a typo in a formula used
to calculate single family residential monthly stormwater fees. Both of these changes make City Code
consistent with the original intent of the formulas and reflect how the fees have been calculated and
billed since their adoption.
7. First Reading of Ordinance No. 171, 2017, Amending Chapter 1 of the Code of the City of Fort
Collins to Create a Petty Offense Classification and Penalties for Petty Offense Violations.
(Adopted)
The purpose of this item is to create a petty offense category within the City Code and to classify a
violation of the City's smoking ordinance as a petty offense.
December 5, 2017
City of Fort Collins Page 86
8. First Reading of Ordinance No. 169, 2017, Authorizing the Use of the Non-Development Lease
with the Colorado State Board of Land Commissioners as Match for a Neotropical Migratory
Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service. (Adopted)
The purpose of this item is to place a Notice of Grant Agreement on the 3,873 acres of land within
Soapstone Prairie Natural Area subject to a Non-Development Lease with the Colorado State Board
of Land Commissioners. The grant will expand upon Bird Conservancy of the Rocky' s (BCR) research
and monitoring work on Soapstone Prairie and Meadow Springs Ranch to implement conservation
strategies and management for 19 high priority grassland birds that breed within the Laramie Foothills
Mountains to Plains Project and 28 high priority species at wintering sites in the Chihuahua Desert of
Mexico.
9. First Reading of Ordinance No. 170, 2017, Authorizing the Use of the Evans Tract as Match for
a Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife
Service. (Adopted)
The purpose of this item is to place a Notice of Grant Agreement on the 240-acre Evans Tract
purchased in 2015 as part of Soapstone Prairie Natural Area. The grant will expand upon Bird
Conservancy of the Rocky’s (BCR) research and monitoring work on Soapstone Prairie and Meadow
Springs Ranch to implement conservation strategies and management for 19 high priority grassland
birds that breed within the Laramie Foothills Mountains to Plains Project and 28 high priority species
at wintering sites in the Chihuahua Desert of Mexico.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Martinez highlighted Item No. 4, Items Relating to the Horsetooth Road and
College Avenue Intersection Improvement Project, as a good news item.
• COUNCILMEMBER REPORTS
Councilmember Overbeck reported on attending a staff training focusing on equity and inclusion.
Councilmember Summers reported on attending an employee recognition event for long-term
employees. He expressed his thanks to employees.
Councilmember Martinez reported on the employee recognition event and commended employees
and leadership. He also reported on the Human Relations Commission awards and suggested the
Mayor should be involved in handing out awards in the future.
Councilmember Overbeck reported on the Human Relations Commission awards and recognition
of Child Safe.
Mayor Pro Tem Horak reported on the Boxelder Basin Regional Stormwater Authority meeting
and stated the outline of who will be funding improvements once the Authority has paid off its
bonds is moving forward. He also reported on a Water Now workshop regarding water rates and
on attending the North Fort Collins Business Association holiday party during which the Coats
and Boots event was highlighted.
December 5, 2017
City of Fort Collins Page 87
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
10. Items Relating to Code Amendments to Manage Small Cell and Other Communication Facility
Installations in City Rights-of-Way and on City Infrastructure. (Adopted as Amended on Second
Reading)
A. Second Reading of Ordinance No. 143, 2017, Amending Chapter 23 of the Code of the City of
Fort Collins to Establish Communication Facility Encroachment Permits.
B. Second Reading of Ordinance No. 144, 2017, Amending Articles 3 and 5 of the Land Use Code
Regarding Small Cell Facilities.
These Ordinances, unanimously adopted on First Reading on November 21, 2017, regulate the
installation of small cellular and other communication equipment in the City’s rights-of-way, establish
a permit to allow such installations and to consider less extensive changes to the Land Use Code to
clarify that the review of such applications for use of the City’s right-of-way is addressed under the City
Code regulations. The City Code language has been recommended for approval by the Energy Board
and the Land Use Code language has been recommended for approval by the Planning and Zoning
Board.
Between First and Second Reading, staff has modified the requirements involving signal interference
compliance, as defined in the proposed regulations at City Code Sec. 26-172 and further described at
Secs. 26-175(c) and 26-177(d)(1). Carriers expressed concerns with conditioning City permit approval
on demonstrating compliance with federal radio frequency and signal interference standards. After
review, staff has updated the related proposed City Code sections to align with regulations adopted
by other Colorado municipalities requiring a statement under penalty of perjury that a carrier’s
emissions and equipment meet federal standards.
Councilmember Overbeck stated Council has received feedback from citizens since First Reading
and is hoping to make improvements to what is proposed.
Tyler Marr, City Manager’s Office, discussed state regulation which greatly expanded the rights
of telecom companies to install stand-alone poles and attached small cellular facilities to city-
owned infrastructure. Council instituted a moratorium in September to allow time for staff to
develop appropriate regulations. Staff’s goals in developing the regulations were to achieve an
integrated design for new facilities, have a strong preference for attaching to existing poles first,
and understand the public safety need to expand coverage. The proposed code applies only to
installations within the City’s right-of-way, tries to limit the installation of new equipment within
the right-of-way through the preference for attachment to City-owned infrastructure, addresses
height and bulk through camouflage and design standards, and establishes the process through
which permits would be granted.
Marr reviewed the concerns heard by citizens. In terms of these facilities being allowed in
residential areas, state law indicates the small cell facilities are a use-by-right in all zone districts
and federal law states local governments cannot prohibit the deployment of personal wireless
service. State and federal law also do not allow public opinion to be considered for use-by-right
items. Regarding concerns about setbacks from residential properties, staff has determined a
setback requirement would restrict the presence of these facilities in residential areas. Monitoring
of radio frequency emissions is heavily dictated by federal law; the City cannot require carriers to
monitor emissions and the City is limited on what it can do with its own monitoring data. The
City is also not able to include health concerns as part of the Ordinance as the FCC sets
occupational standards for groups of individuals working close to these facilities.
December 5, 2017
City of Fort Collins Page 88
Marr discussed the public outreach process and stated staff will continue to review carrier and
citizen concerns and address those as they are able. A separate master lease agreement will be
created for each carrier interested in installing small cellular facilities.
Nancy Eason thanked Council and Marr for their responses to her concerns. She acknowledged
these facilities cannot be restricted; however, she requested a requirement to notify residents
stating this is an entirely new use.
Nick Limberopoulos, Busch Law Firm, representing AT&T, applauded the City and staff for
taking proactive steps to provide a regulatory roadmap for the rapid and responsible deployment
of small cells in the right-of-way. He discussed concerns his firm has with the Ordinance
conflicting with federal and state law relating to the definition of an eligible facilities request which
omits bay stations, which would include all utility poles in the city’s right-of-way. It would be in
the best interest of all stakeholders to clarify the 600-foot separation requirement would not apply
to replacement poles. In terms of vault design standards, the City’s definition is more restrictive
and requires that meter boxes are included in the 17-cubic foot dimensional standard which
conflicts with currently controlling state law.
Councilmember Cunniff asked if notice of these installations could be provided in utility bills.
Marr replied staff is exploring notification options and the current thought is to maintain a webpage
with current applications; utility bill inserts could be examined.
Councilmember Cunniff stated he would like citizens to be notified as these installations are
somewhat different than an underground utility.
Councilmember Overbeck suggested notification through mailers, social media, and the website.
He asked if the City can spot-check the devices for emissions. Marr replied that is an approach
the City could take; however, San Francisco takes that approach and has had limited efficacy in
terms of identifying violations. To date, staff has not received direction from Council to conduct
independent monitoring; however, the City does take direction from FCC regulations and carriers
are required to certify through them that standards are met.
Councilmember Overbeck asked what process would occur should a City employee find excess
emissions from a device. Marr replied the FCC is the only entity that can enforce a violation;
therefore, the City would likely notify the FCC to follow-up and take a measurement. There may
be an opportunity in the master lease agreements to demonstrate compliance in a higher manner;
however, that has not been fully explored.
Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 143, 2017, on Second Reading, as amended to replace subsection C(1)(a) with new
language related to vault standards.
Councilmember Cunniff acknowledged frustration with the limited purview of the City on this
matter, but commended staff work and the proposed aesthetic standards. He requested and
received Council support to direct staff to return with notification options.
Mayor Pro Tem Horak supported notification suggestions and encouraged the City to develop an
informational program on FCTV.
Councilmember Overbeck encouraged the use of NextDoor as a means of communication.
December 5, 2017
City of Fort Collins Page 89
RESULT: ORDINANCE NO. 143, 2017, ADOPTED AS AMENDED ON SECOND READING
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ken Summers, District 3
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 144, 2017, on Second Reading.
RESULT: ORDINANCE NO. 144, 2017 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
11. Second Reading of Ordinance No. 163, 2017, Repealing and Reenacting Article V of Chapter 24
of the Code of the City of Fort Collins and Amending the Fort Collins Traffic Code Regarding
the Residential Parking Permit Program. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on November 21, 2017, updates the City Code
and Traffic Code to include elements of the Residential Parking Permit Program (RP3) as discussed
at the August 22, 2017 Work Session, and changes some existing provisions that are no longer being
used. Amendments to the Code will provide the City Manager to create regulations regarding the
process for fast tracking areas affected by spillover parking (parking in neighborhoods adjacent to
newly-adopted RP3 zones). Some additional revisions are proposed to ensure consistency between
the current administrative procedures and the Code.
Councilmember Cunniff expressed concern regarding the quorum requirement for engaging 50%
of residents to vote in the formation of a residential parking zone. He stated public elections do
not normally have such a requirement and suggested the elimination of Section 3.
Laurie Kadrich, Planning, Development, and Transportation Director, replied that requirement was
not initially part of the program; however, very low resident participation was an issue. Outreach
to neighborhoods was improved and this threshold was established. This is the same threshold
used for neighborhoods to vote on traffic mitigation.
Councilmember Cunniff asked how the process has been improved to ensure identification of
property owners. Seth Lorson, Transit Planner, replied addresses are determined through the
Larimer County Assessor’s information, duplicate addresses are removed, ballot language clearly
states only one ballot can be cast per resident in the district, and signature certification is required
on ballots.
Councilmember Stephens asked how many votes have not passed as a result of not having a
quorum. Lorson replied there were no failed votes regarding regular RP3 zones; however, it did
happen in the stadium event additions. Subsequent complaints have not been heard from
neighborhoods that did not adopt the zones as a result of not having a quorum.
December 5, 2017
City of Fort Collins Page 90
Councilmember Stephens asked if residents can bring the issue up for a vote again if it fails
initially. Lorson replied in the affirmative.
Councilmember Summers asked about the ballot process. Lorson replied it is the final step in the
outreach for the creation of an RP3 zone. Prior to that, residents must submit a petition for zone
creation and a neighborhood meeting including both renting residents and owners as well as
surrounding area residents occurs.
Councilmember Summers asked about petition requirements. Lorson replied it requires 10
resident signatures.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 163, 2017, on Second Reading.
Councilmember Cunniff commended the Residential Parking Permit Program as a good option for
neighborhoods but stated there has been at least one situation in which the quorum requirement
caused an issue.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to strike (c)(3)
on page 4 of the Ordinance. He stated the requirement does not exist for most other voting
processes.
Councilmember Stephens expressed concern with removing the quorum altogether as this is a large
change for neighborhoods.
Councilmember Summers supported keeping some type of quorum requirement and noted only 10
resident signatures are required for a reconsideration. He asked about the timeline requirement
from a failed initiative to a reconsideration. Kadrich replied there is no limitation on that, however
neighborhoods with low participation have been encouraged to wait a year or so and staff has
offered to do additional outreach during that time.
Councilmember Overbeck stated staff has developed some expertise on dealing with
neighborhoods and citizens are pleased with the results of RP3 zone establishment. Lorson
discussed the block-by-block manner in which zones are being adopted near CSU.
Councilmember Cunniff suggested a 10% quorum number.
Councilmember Stephens asked about the development of the 50% quorum number. Kadrich
replied that was developed when Kurt Ravenschlag first started working with RP3 zones, he
identified there had not been a consistent number of people petitioning and identifying the zones.
He researched these zones in other communities and created recommendations for his staff team.
Councilmember Summers stated he is most comfortable with the Ordinance as written and
discussed the importance of neighborhood action in encouraging residents to vote.
Councilmember Cunniff discussed his concern that property owners, not renting neighbors, are
voting.
Councilmember Stephens suggested a 1/3 quorum number.
December 5, 2017
City of Fort Collins Page 91
Councilmember Martinez stated he is not opposed to the staff recommendation and noted this is a
significant change for neighborhoods.
Councilmember Overbeck asked if staff is anticipating the end of RP3 zones in the near future.
Lorson replied there are likely two more zones and others may be subject to additions.
Councilmember Overbeck stated he is in support of the staff recommendation given the success of
the program thus far.
Councilmembers Cunniff and Overbeck accepted a 1/3 quorum number as a friendly amendment
in the interest of discussion.
The vote on the motion to amend was as follows: Yeas: Stephens and Cunniff. Nays: Martinez,
Summers, Overbeck and Horak.
THE MOTION FAILED.
Councilmember Cunniff requested staff do some analysis of recent votes, particularly around the
stadium, and find ways to correct some of the issues. He requested staff notify Council when a
vote is pending and the results of the vote.
City Manager Atteberry stated staff will address process improvements to address the concerns
brought to Councilmember Cunniff’s attention.
Councilmember Stephens suggested petitioners could be empowered with ways to help notify and
engage neighbors.
Councilmember Overbeck suggested staff return in a year with an update and commended the RP3
program overall.
Councilmember Summers questioned whether property owners should be the appropriate party to
vote in the case of income properties given tenants would be the main parties affected.
Councilmember Overbeck agreed with Councilmember Summers’ suggestion.
Mayor Pro Tem Horak supported the staff recommendation.
Councilmember Cunniff agreed with Mayor Pro Tem Horak that property owners are the correct
metric.
RESULT: ORDINANCE NO. 163, 2017 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
(Secretary's note: the Council took a brief recess at this point in the meeting.)
December 5, 2017
City of Fort Collins Page 92
• DISCUSSION ITEMS
12. First Reading of Ordinance No. 172, 2017, Amending Article III of Chapter 12 of the Code of the
City of Fort Collins Regarding Smoking in Public Areas. (Adopted as Amended on First Re)
The purpose of this item is to consider changes to the downtown smoking ordinance as consistent
with the direction given by Council at the August 22 Work Session. The changes include placing a 10
p.m. to 5a.m. window in which the ordinance would not be in effect, and two options related to having
designated smoking areas within the downtown zone, one of which creates up to eight areas and one
which would allow smoking in all alleys within the zone.
Tyler Marr, Policy and Project Manager, stated the current smoking Ordinance, which went into
effect in 2016, prohibits smoking in the downtown area, on City-owned property, and at City-
sponsored special events. At an August work session, Council requested the exploration of a non-
criminal offense, a lifting of the restriction between 10 p.m. and 5a.m., and potential designated
areas. Concerns with the existing Ordinance include the large size of the downtown no smoking
area which leads to employee smoke breaks taking much longer, difficulty in notifying visitors,
competitive disadvantage for businesses, and the criminal offense aspect and enforcement
damaging relationships with police and other City staff. Alternatively, there are comments that
these restrictions are necessary and advance important health and livability goals within the city.
Marr discussed the three proposed changes to the Ordinance. The first, which was approved on
the Consent Agenda, created a new petty offense category within the Municipal Code. This carries
a maximum fine of $500 and no jail time. The second modification would lift the downtown
smoking restrictions between 10 p.m. and 5 a.m. The third change is related to designated smoking
areas. One option creates several small designated smoking zones within the downtown area. The
second option would allow smoking in all alleys, which makes education and signage easier.
However, it would be more difficult for non-smokers to avoid and would conflict with the 20-foot
rule. The third option would leave the ordinance as is.
Alan Braslau supported the smoke-free environment and encouraged Council to make no changes
to the current Ordinance.
Katherine (no last name given), Larimer County Department of Health and Environment,
discussed a community collaboration addressing the health concerns affecting youth. She stated
communities that enact laws that limit substance use have lower rates of youth substance use and
encouraged Council to make no changes to the current Ordinance.
Kevin Taylor encouraged Council to make no changes to the current Ordinance and suggested
even strengthening it.
Ryan Houdek, owner of several downtown restaurants, stated he has never had an issue avoiding
smoke when navigating the downtown area. He opposed the current Ordinance and stated
compliance will only come with easier, enforceable solutions. He supported reducing the offense,
lifting the restriction between 10 p.m. and 5 a.m., and allowing smoking in alleys and 20 feet away
from doors and windows.
Christa Timmerman, Larimer County Department of Health and Environment, discussed the
County’s efforts at reducing youth tobacco use and encouraged Council to consider public health
best practices and youth tobacco prevention when making its decision.
December 5, 2017
City of Fort Collins Page 93
Jennifer Seiwald, downtown business owner, opposed allowing smoking in alleys. She opposed
changes to the existing Ordinance, but stated she would rather have designated smoking areas if a
change is to be made.
Councilmember Cunniff asked how staff determined the locations of the designated smoking
zones. Marr replied staff attempted to find zones in every block face within alleys that did not
violate the 20-foot rule.
Councilmember Cunniff asked how the 10 p.m. time was determined. Marr replied there is
generally a large increase in smoking after 10 p.m.
Councilmember Cunniff asked about the petty offense category and needed language changes.
City Attorney Daggett replied the category of petty offense was created on the Consent Agenda
and Section 4 of this Ordinance makes that apply to the smoking Ordinance.
Councilmember Overbeck asked why the neighborhood meeting occurred so closely to this
Council meeting. Marr replied it took until last Thursday to ensure the proposed zones could be
operationalized and enforced.
Councilmember Overbeck asked if individuals can smoke in their cars if windows are rolled up.
Marr replied in the affirmative.
Councilmember Martinez stated allowing smoking in alleys is counter to the City’s efforts at
improving alleys. He supported helping employers encourage employees to quit smoking versus
enabling them to have a space to smoke.
Councilmember Overbeck asked why the library area was not included. Marr replied Council gave
clear direction to not modify the ordinance related to City parks, natural areas, and other property.
Councilmember Overbeck asked how staff is addressing the issue of smokers leaving the library
to smoke in front of residences. Marr replied those concerns have been heard not only at the
library, but in other areas around town and that is a challenge with this Ordinance.
Councilmember Overbeck asked if the no smoking area could be expanded from Olive to Peterson
up to Mountain. Marr replied that is an option for Council to consider. City Attorney Daggett
recommended a new Ordinance be brought forth if Council wanted to make such a change.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 172, 2017, on First Reading, as amended to maintain the petty offense change but
strike all other changes.
Councilmember Cunniff supported the petty offense aspect as it makes it more likely the
Ordinance will be enforced. He stated there are often families out past 10 p.m. and most of the
proposed designated smoking areas are close to the smoke-free boundaries. He suggested directing
staff to designate smoking areas outside the boundaries.
City Attorney Daggett outlined the necessary language changes to the Ordinance and
recommended striking the section dealing with delayed implementation. Councilmembers Cunniff
and Overbeck agreed to the changes.
December 5, 2017
City of Fort Collins Page 94
Councilmember Stephens stated she toured the designated smoking areas and there is a case to be
made for having an area to which smokers can be directed out of the throughways. She stated this
may also make enforcement easier as officers can direct people to proper areas.
Councilmember Overbeck stated he was sympathetic to the employee issue; however, he has since
had many citizens comment they are concerned about the downtown ban being lifted. He noted
nicotine gum can be chewed as well.
Councilmember Martinez stated it may create more of a challenge for police officers to direct
smokers to a different area. It is not a right for individuals to impose their second-hand smoke on
others and suggested the creation of employee smoking cessation programs.
Councilmember Stephens stated she is not trying to promote smoking but is attempting to be a
realist and having the zones would help keep smokers off College Avenue. There is an
enforcement issue and smoking is still occurring despite the ban.
Councilmember Summers stated he understands Councilmember Stephens’ concerns. He asked if
consideration has been given to shrinking the no smoking area. Marr replied Council directed staff
to leave the boundaries of the zone as is at its August work session; however, public outreach
efforts found some people feel it is too large.
Councilmember Summers asked if the smoking prohibition includes e-cigarettes. Marr replied in
the affirmative.
Councilmember Martinez stated second-hand smoke trespasses on others’ freedom to stay healthy.
He admitted people will still smoke in the downtown area, but stated citizens will generally respect
the ban.
Mayor Pro Tem Horak stated he would support the motion and stated it would be very difficult to
shrink the smoke-free area.
Councilmember Overbeck requested future public outreach be done earlier in the process.
Councilmember Stephens stated she would support the motion and encouraged County health
employees to reach out to restaurant workers.
RESULT: ORDINANCE NO. 172, 2017 ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
December 5, 2017
City of Fort Collins Page 95
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
13. First Reading of Ordinance No. 166, 2017, Appropriating Prior Year Reserves in the General
Fund to Reimburse Woodward, Inc. for Development Fees and Use Tax. (Adopted as Amended
on First Reading)
The purpose of this item is to appropriate $42,614 of prior year reserves for a rebate to Woodward,
Inc. for use tax under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055,
2013). The agreement provides business investment assistance for the relocation of Woodward’s
headquarters, as well as an expansion of its manufacturing and office facilities to a new location at the
corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and
1,700 primary jobs in the City.
Eric Sutherland stated this appropriation is in violation of the City Charter.
Mayor Pro Tem Horak requested City Attorney Daggett respond to Mr. Sutherland’s comments.
City Attorney Daggett replied Mr. Sutherland has articulated a long-standing disagreement in
interpretation between himself and the City Attorney’s Office. Council clearly identified public
purposes to be accomplished by these expenditures.
Councilmember Cunniff asked why there is not a whereas clause detailing the public purpose.
City Attorney Daggett replied one could be included.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
City Attorney Daggett read a new final whereas clause that discusses public purpose and ties into
the Ordinance by which Council adopted the agreement originally.
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 166, 2017, on First Reading, as amended to include the new whereas clause.
Mayor Pro Tem Horak asked if the clause should include mention of public infrastructure.
City Attorney Daggett stated the language could be updated for Second Reading.
RESULT: ORDINANCE NO. 166, 2017, ADOPTED AS AMENDED 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 Overbeck requested and received Council support to direct staff to examine a
potential no smoking zone around the library.
Councilmember Overbeck asked about the scope of the target area for an occupancy study and
suggested it encompass a wider area in order to be inclusive and thorough.
December 5, 2017
City of Fort Collins Page 96
Mayor Pro Tem Horak stated the study should include representatives from different
neighborhoods who have been actively involved in the subject. He stated there are different ways
to be involved and suggested HOAs be contacted.
City Manager Atteberry requested Councilmember Overbeck provide specific names and
neighborhoods for inclusion in the study.
• CALL OF SPECIAL MEETING
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, pursuant to
Section 2-29(a) of the City Code, that the City Council call a special meeting of the Council to
take place on Wednesday, December 13, 2017, at 6:00 p.m. for the purpose of conducting a pre-
application hearing under Section 2.1.2(h) of the Land Use Code regarding the Montava project.
Mayor Pro Tem Horak stated this meeting will not be presented on live FCTV as there is an
agreement with Larimer County to use the channel on specific dates; however, it will be recorded
and available on the City’s website.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
• ADJOURNMENT
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adjourn to
6:00 p.m. on Tuesday, December 12, 2017, for the purpose of holding a possible executive session
to discuss personnel matters and for consideration of such other matters that 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
The meeting adjourned at 9:14 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 97
December 12, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff present: Atteberry, Schmidt, Coldiron
1. Resolution 2017-106 Authorizing Execution of an Intergovernmental Agreement Concerning
Boxelder Basin Regional Stormwater Authority Project Improvements. (Adopted)
The purpose of this item is to authorize the Mayor to execute a new intergovernmental agreement
among the founding members of the Boxelder Basin Regional Stormwater Authority (BBRSA) and the
Town of Timnath (or the Timnath Development Authority) (Timnath). Several issues and concerns
have been raised by the founding members of the BBRSA concerning fees, long term asset
maintenance and how the BBRSA will be ultimately dissolved. Staff has worked with the other
members and Timnath (not a member of the Authority but a participant in the funding of an Authority
asset) to resolve outstanding issues and propose a path to long term asset care and Authority
dissolution.
The proposed Agreement memorializes the agreements among the parties. With this agreement, all
members commit to promptly remitting all fees due the BBRSA which will allow final payment of the
Day Settlement by Dec 31, 2017. The agreement includes cost sharing details for future expenses,
creation of maintenance reserve accounts for the two principal assets, outlines the transfer of these
assets to Larimer County plus the maintenance reserve accounts after the Colorado Water
Conservation Board (CWCB) loans are paid in full and maintenance reserve accounts have been filled
from BBRSA revenue and provisions for allocation of maintenance and repair costs in excess of the
funded reserve accounts.
Mike Beckstead, Chief Financial Officer, stated the Boxelder Stormwater Authority was formed
in 2009 with the objective of correcting some multi-jurisdictional issues in the Boxelder Basin. In
the original agreement, there was no clear definition of how to handle long-term maintenance for
assets of the Basin or the disposition of the Authority. He detailed the cost share for Boxelder
partners and stated revenues are anticipated to allow a faster pay down on the debt and buildup of
the reserves than the debt schedule covers; therefore, the paydown of the debt should be
synchronized with the buildup of the long-term reserve funds.
Beckstead provided a summary of the Authority’s cash flow and stated the IGA includes a grant
match reimbursement waiver, the remittance of fees, and settlement ratification. The Authority
would be dissolved once the loan is paid down, the assets have been transferred, and an
equalization payment is made. Should the Mulberry annexation occur, it may have a significant
effect on how revenue is recognized. The agreement does not create any new obligations for rate
payers in any of the jurisdictions and assets will transfer to the care of the County upon dissolution
of the Authority.
Beckstead stated there was no opposition to this agreement during outreach efforts and the County
has agreed to support the agreement.
Eric Sutherland stated this agreement does not comport with Colorado law.
Councilmember Martinez asked how audit committee members are selected. Mayor Pro Tem
December 12, 2017
City of Fort Collins Page 98
Horak replied the audit committee was created to continue the ad hoc committee and to
institutionalize the work that has been occurring.
Councilmember Martinez asked about the $500,000 out-of-court settlement. Judy Schmidt, Senior
Assistant City Attorney, replied a court proceeding between the Authority and the property owner
did occur; however, the City was not a party to the settlement.
Mayor Pro Tem Horak stated the settlement with the Days holds each party harmless, was for
$1.68 million and included several items.
Councilmember Martinez asked if the Colorado Constitution or City Charter are being violated in
this instance. Schmidt replied in the negative and stated the City Attorney’s Office disagrees with
those assertions.
Councilmember Cunniff asked if there is any time period when the funds in the Authority’s fund
balance go negative. Beckstead replied in the negative.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2017-106.
Mayor Pro Tem Horak noted Timnath is considering its town budget as well as its development
authority budget, within which are the funds for their portion. He commended Timnath,
Wellington, and the County for their partnership and stated the audit committee is a good idea. He
complimented Beckstead on his work.
Councilmember Cunniff stated he would support the motion.
Mayor Troxell stated this IGA reflects a good solution and thanked Mayor Pro Tem Horak for his
work on Fort Collins’ behalf.
Mayor Pro Tem Horak changed his motion to include the amended agreement. Councilmember
Overbeck accepted the change.
RESULT: RESOLUTION 2017-106 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the Council go
into Executive Session as permitted under Section 2-31(a)(1) of the City Code and Colorado
Revised Statutes 24-6-402(4)(f)I for the purpose of discussing the compensation of the City
Manager, City Attorney, and Municipal Judge.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
December 12, 2017
City of Fort Collins Page 99
• OTHER BUSINESS
Mayor Pro Tem Horak discussed the Platte River Power Authority board meeting during which
the Zero Net Carbon profile analysis was presented. The analysis was done independently by a
consultant and showed a financially feasible path forward. New transmission lines will be needed;
however, details have yet to be outlined.
Councilmember Cunniff stated he would prefer no new road construction with transmission line
construction.
Mayor Pro Tem Horak noted there is nothing considered for the Soapstone property.
Mayor Troxell stated this is positive for Fort Collins and encouraged the City Manager and staff
to take this report and proactively apply it to our distribution utility.
• ADJOURNMENT
The meeting adjourned at 7:19 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 100
December 13, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff,
ABSENT: Horak
Staff Present: Atteberry, Schmidt, Coldiron
• DISCUSSION ITEMS
1. Montava Project Pre-Application Hearing. (No Action Taken)
The purpose of this item is to allow the potential applicant of the Montava Project in northeast Fort
Collins to receive preliminary comments from the City Council regarding the applicant's overall
proposal in order to assist the developer in determining whether to file a development application.
Mayor Troxell state the purpose of the hearing was for the developer to make a presentation
regarding the overall project, receive comments from the public, and for Council to provide
comments regarding the overall project to assist the developer in deciding whether to file a formal
development application for the project. There is currently no pending development application
for this project and Council will not be making any decisions regarding the project at this hearing.
Mayor Troxell outlined the order of proceedings.
Jeff Mihelich, Deputy City Manager, stated the criteria for a pre-application hearing involve a
project of communitywide significance. The developer has the option to move forward with a
formal development application, at which time, there will be many more opportunities for public
dialogue and comment. The development is 900 acres in size in the far northeast corner of the
City.
Max Moss, HF2M, discussed the history of his time in Fort Collins and stated Montava is loosely
translated as “mountain sun”. He discussed the charrette and various groups involved in the project
to this point. The project will involve an agri-urban farming component, will be built to a higher
energy standard, and has a goal of creating new utility interconnection.
Mr. Moss stated the key to transportation in this area is distribution. The plan is to keep the existing
grid and utilize planned connections. Mr. Moss discussed stormwater in the area, the view
corridor, and the proposed plan to move the PSD high school land and redistribute the elementary
and middle school land. The plan includes community commercial development, but no big box
commercial development, will rely heavily on Nature in the City, and will provide integrated
affordable housing.
Financial incentives are not being requested; however, challenges and opportunities do exist in
terms of raw water for potable use, rezoning to a new overlay zone, Code flexibility, long term
vested property rights, adequate public facilities, and metropolitan district formation.
Deputy City Manager Mihelich stated the proposed plan is very consistent with the Mountain Vista
Subarea Plan and its unique, scalable components are positive. He noted the plan as presented
December 13, 2017
City of Fort Collins Page 101
could not move forward following the strict application of the Land Use Code; therefore, the
recommendation is to create a planned unit development overlay district in the City Code. A
metro district should be considered given on-site and off-site utility challenges.
Jim Myles requested staff and Council pay particular attention to the impact of this development
on infrastructure, resources, and community interaction.
Linda Ripley, Ripley Design, Inc., stated she is representing land owners adjacent to the proposed
development. The overall proposed project vision is excellent; however, it will require significant
changes to the Master Street Plan and City zoning.
Al Panther stated he had been impressed with the Montava thought processes; however, he
questioned the affordable housing aspects.
Brian Devine questioned what steps have been taken to ensure current housing values will not
decrease and expressed concern about the proposed multi-family location.
Mr. Moss stated his direct contact information is on the Montava website.
Deputy City Manager Mihelich stated any new development follows a fee structure to ensure it
pays for itself in terms of utilities. He suggested community interactions hinge on appropriate
infrastructure and communication. Low to moderate-income house is typically 30% of median
income; however, ensuring there is true affordable housing in the development will involve
language in the development agreement and deed restrictions.
Councilmember Cunniff asked if the proposed metro district fits within the existing City policy.
Deputy City Manager Mihelich replied it would not meet the exact criteria at this point; however,
it is close. Josh Birks, Economic Health Director, stated it would be difficult to determine whether
certain aspects comply due to the lack of detailed information at this point in the process.
Councilmember Cunniff suggested that the proposed metro district be required to comply as
closely as possible to the existing metro district policy. He asked about the progress of the Vine
and Lemay overpass and Vine and Timberline intersection. Deputy City Manager Mihelich replied
the creation of a special improvement district would cover more area and require more
undeveloped properties to contribute to those major infrastructural improvements. Chad Crager,
City Engineer, stated Council recently approved $1.4 million to move forward with the first phase
of construction of the Vine and Lemay project. Different funding alternatives will be presented at
an upcoming Council Finance Committee meeting. Joe Olson, Traffic Operations, stated the long-
term plan for Timberline and Vine is similar to the Lemay and Vine intersection; however, an
interim improvement of a traffic signal is being considered.
Councilmember Cunniff stated he is not supportive of a toll road and would rather see
developments fund those types of improvements. He asked if techniques such as conservation
easements will be considered. Mr. Moss replied the land will likely be donated to a co-op, which
will manage and maintain it under some type of management agreement between the community
and the operation. The only provision Montava may include would be allowing it to buy the land
back should the co-op not provide a farmer for the land.
Councilmember Cunniff discussed the importance of wildlife corridors, view sheds, Nature in the
City, and dark skies. He asked if the developer is aware of any pending oil and gas operations in
December 13, 2017
City of Fort Collins Page 102
the area. Mr. Moss replied they are buying the mineral rights and will not use them.
Councilmember Cunniff requested staff examine better tools and oversight for the affordable
housing component.
Councilmember Overbeck asked if organic farming is being considered. Mr. Moss replied Native
Hill is an organic farmer.
Councilmember Overbeck asked about the impact of Boxelder. Mr. Moss replied the cost of the
development will be about $30 million higher by building it in the Boxelder district. He committed
to finding solutions that will best address all concerns and have the least impact on existing
customers in the service area.
Councilmember Overbeck commended the multi-generational housing ideas. He discussed the
importance of making Nature in the City accessible for all.
Councilmember Martinez commended Mr. Moss on his presentation and requested he expand on
his renewable energy plans. Mr. Moss discussed the net zero concept which includes solar. He
stated it is not sustainable for the development to not rely on the utility grid to some extent;
however, he is working with the City to provide a long-term sustainable solution.
Councilmember Martinez asked if the 110 acres for industrial area is sufficient. Mr. Moss replied
the City is currently evaluating its employment and industrial needs. Distributing employment
will benefit the area and the development.
Councilmember Martinez asked if there is any consideration for low-income housing. Mr. Moss
replied those considerations are just starting.
Councilmember Martinez asked if a day care center is being considered. Mr. Moss replied he is
aware of the need but cannot promise its inclusion.
Councilmember Martinez asked about Mr. Moss’ comments relating to developing a housing
factory to quickly build homes. Mr. Moss replied he is working with another homebuilder on
creating a structure that brings automation to the home building process. This is currently being
done in other Colorado locations.
Councilmember Martinez asked about the future of Turnberry in the development. Paul Sizemore,
FC Moves Program Manager, replied it is actively under discussion as part of the City Plan process.
The area needs to be connected to the highway and to the downtown area.
Councilmember Martinez stated Timberline cannot be the only option. Sizemore stated Turnberry
and the Mountain Vista/Suniga corridor will be important connections.
Councilmember Martinez asked if adding transit routes will be a goal for this project. Deputy City
Manager Mihelich replied in the affirmative and stated cost sharing details have yet to be worked
out.
Councilmember Martinez asked if community gardens are being considered. Mr. Moss replied in
the affirmative.
Councilmember Summers asked about the full build out projection for number of homes. Mr.
December 13, 2017
City of Fort Collins Page 103
Moss replied it is approximately 2,500 single-family units and about the same number of multi-
family units.
Councilmember Summers asked how the farm products would be distributed. Mr. Moss replied
Native Hill currently sells to a CSA and restaurants and that model will continue.
Councilmember Summers commended Mr. Moss and his team on their entrepreneurship and
innovation.
Councilmember Stephens asked if designating a building for child care is not allowed in a metro
district. Birks replied that is being evaluated; however, metro district facilities must be accessible
for everyone and cannot necessarily benefit a private business that would operate inside the
facility.
Councilmember Overbeck asked about bicycle paths in the area. Deputy City Manager Mihelich
replied those details have yet to be determined; however, pilot projects and the awareness of the
importance of a connected community will aid in that process.
Councilmember Cunniff requested staff provide an analysis of the impact of this project on Poudre
River stream flows.
Mayor Troxell commended Mr. Moss and his team as well as the systems approach and integration.
He discussed the importance of distributed energy, urban agriculture, and transit and bike
integration. He commended the pre-application process and hearing.
Councilmember Cunniff discussed the importance of the project cost being born as much as is
practical by those receiving its benefit.
RESULT: NO ACTION TAKEN
• ADJOURNMENT
The meeting adjourned at 8:12 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk