HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/16/2017 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE MAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY May 16, 2017
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the March 21 and April 18, 2017 Regular Council Meetings, the
March 28 and April 25, 2017 Adjourned Meetings and the April 11, 2017 Special Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the March 21 and April 18, 2017 Regular Council
meetings, the March 28 and April 25 Adjourned Council meetings and the April 11, 2017 Special Council
meeting.
ATTACHMENTS
1. March 21, 2017 (PDF)
2. March 28, 2017 (PDF)
3. April 11, 2017 (PDF)
4. April 18, 2017 (PDF)
5. April 25, 2017 (PDF)
City of Fort Collins Page 291
March 21, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Campana, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 10, First Reading of Ordinance No. 049, 2017,
Amending Chapter 7.5 and 8 of the Code of the City of Fort Collins for Phased Increases of the
Capital Expansion Fees, will be withdrawn from the Consent Agenda in order to allow
Councilmember Campana to recuse himself.
CITIZEN PARTICIPATION
Rit Henningen commented on the services provided by Hageman’s Earth Cycle.
Eric Sutherland discussed Poudre School District litigation and tax increment financing.
Chet Daniel commented on the services provided by Hageman’s Earth Cycle.
Ryan Houdek suggested Council consider changes to the Old Town smoking ban, including
allowing smoking areas within the Old Town zone and lessening the fines.
Mike Pruznick discussed government violence against law-abiding citizens, the similarities
between Beirut, Lebanon and Fort Collins, and past issues at Council meetings.
Roger Hageman discussed the services provided by Hageman’s and stated his business needs the
Natural Areas land in order to continue its operations.
Caleb Goll discussed a business he is starting for fire performers and stated he is hoping to host a
weekly fire dancing event in City Park.
Anne Cleary discussed the eminent domain utilized on her property near Prospect and College.
Council needs to consider the human impacts of its actions. She has not been compensated to
date.
Kevin Harper discussed the differences between the appraisals for the trees on his property near
Prospect and College.
Tim Abbott expressed support for Hageman’s Earth Cycle.
Elizabeth Hudetz expressed concern regarding the amount of spending by political action
committees on the City election.
March 21, 2017
City of Fort Collins Page 292
Clint Skutchan, Fort Collins Board of Realtors, stated funds spent by the Board of Realtors on
the election have been raised locally and are distributed on behalf of the Board to support
candidates it feels are best for Fort Collins' housing future.
Huston Morse, Fort Collins Women's Commission, thanked the Mayor for the Equal Pay Day
proclamation.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Campana discussed the Hageman property and stated he is confident a fair
resolution will be reached.
Councilmember Overbeck requested additional research into the issue regarding downtown
employees not being able to smoke on breaks. He thanked Ms. Cleary and Mr. Harper for
bringing awareness to their difficult situation.
Mayor Troxell encouraged Mr. Goll to speak with Poudre Fire Authority. The smoking ban will
be discussed at the next Council retreat.
Councilmember Stephens thanked Ms. Morse for speaking on behalf of the Women’s
Commission and encouraged employers to assess wages for equality. She discussed the donation
amounts allotted for elections.
CONSENT CALENDAR
Eric Sutherland withdrew Item Nos. 2, Second Reading of Ordinance No. 035, 2017, Amending
Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges for
Customers Participating in Community Solar Projects, 6, First Reading of Ordinance No. 039,
2017, Appropriating Prior Year Reserves in the Transportation Fund for Regional Contribution
to Larimer County for North I-25 Improvements, 7, Resolution 2017-026 Authorizing the Mayor
to Execute an Intergovernmental Agreement Between the City of Fort Collins and the Colorado
Department of Transportation for the City's Contribution of Funds for the North Interstate 25
Improvements, and 11, First Reading of Ordinance No. 052, 2017, Amending Chapter 19 of the
Code of the City of Fort Collins to Adopt the Colorado Rules of Civil Procedure to Govern the
Procedures for Civil Actions Filed in Municipal Court and to Add City Code Section 1-24 to
Clarify that Civil Actions Arising Under the City's Ordinances are not Intended to Create by
Implication Claims for Monetary Damages for the Benefit of Third Parties, from the Consent
Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Campana, Overbeck, Troxell, Cunniff, Horak
March 21, 2017
City of Fort Collins Page 293
1. Second Reading of Ordinance No. 030, 2017, Annexing Property Known as the Mail Creek
Crossing Second Annexation to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 21, 2017, annexes 43.698
acres, consisting of 11 parcels located in the southeast quadrant into the City of Fort Collins. The
initiating resolution was adopted on January 17, 2017. The subject properties are located on the
eastern edge of South Timberline Road and bisected by Kechter Road. A related item to zone the
annexed properties is presented as the next item on this Agenda.
2. Second Reading of Ordinance No. 035, 2017, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates, Fees and Charges for Customers Participating in
Community Solar Projects. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 21, 2017, expands the definition
of “community solar projects” in Chapter 26 of the City Code to include both “subscriber-based” and
“program-managed” community solar projects, and to establish a net metering rate applicable to the
Solar Affordability Program (SAP), a new program-managed community solar project. In addition,
this item provides background on the income qualified SAP which will provide participating Fort
Collins electric customers with direct bill credits for a one year period. During that time, SAP
households will participate in efficiency and conservation installations customized to each household,
drawing on resources from Utility Services, Larimer County and the State of Colorado. Program
households will also participate in energy saving education and complete efficiency upgrades.
Combined, the efficiency and education opportunities will enable program households to
permanently reduce their electric expenses and usage. Over the life of the SAP, hundreds of
qualifying households will benefit from a reduced energy burden as individual participants in the
program, and the benefits of additional renewable energy generation will be realized across the
residential rate class. The proposed credit rate for SAP and other dedicated program-managed
community solar project customers is the same rate as that currently available to customers of
subscriber-owned community solar projects, like the Riverside Community Solar project.
3. Second Reading of Ordinance No. 041, 2017, Establishing Rental Rates and Delivery Charges
for Use of the City's Raw Water for 2017. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 7, 2017, approves rates and
charges for the rental and delivery of Utilities’ raw water supplies for 2017. These rates are used to
invoice agricultural, contractual, and other raw water users. Similar to the past two years, the rates
and charges for water from ditch and reservoir companies and the Colorado-Big Thompson Water
Project are calculated using formulas that are based on the cost to the Water Utility. These rates
and charges are generally slightly higher than last year due to increased annual assessments and
other related fees imposed by the companies and the Northern Colorado Water Conservancy
District. The rates and charges for the City’s reusable and other “fully consumable” supplies are the
same as last year.
4. Second Reading of Ordinance No. 046, 2017, Appropriating Prior Year Reserves in the Keep
Fort Collins Great Fund for the Police Campus West Substation Build-out. (Adopted)
This Ordinance unanimously adopted on Frist Reading on March 7, 2017, appropriating funding for
the Campus West Substation build-out from the KFCG Police Reserves account. Funding for
ongoing lease payments and associated O&M expenses was approved in the 2017-2018 budget;
however, at inception it was anticipated that market timing would dictate that a lease would be
signed before the end of the 2016 fiscal year, with lease payments beginning in 2017 and initial
build-out costs paid in 2016 via off-cycle funding. The costs for initial build-out of the substation
include demolition/renovation, IT infrastructure, electrical work, furnishing, etc. Delays during the
budget process and higher than anticipated build estimates did not allow this money to be
appropriated in 2016, as a lease agreement was not yet reached. An agreement has been finalized
in principle for build-out costs, requiring an appropriation of $218,750 from the KFCG Police
Reserves account.
March 21, 2017
City of Fort Collins Page 294
5. First Reading of Ordinance No. 047, 2017, Appropriating Funds Related to Additional 2017
Budget Transfers to Meet Fund Accounting Requirements. (Adopted)
The purpose of this item is to authorize additional appropriations for 2017 budget transfers required
to authorize moving the source of funding to the funds where the appropriations for the 2017 Budget
were actually approved. This action has no impact on service delivery of the programs and services
funded in the 2017 Budget and there are no funding shortfalls. Rather, this appropriation moves
funding from the fund where the Offer was funded to the fund where the actual expenses will occur.
6. First Reading of Ordinance No. 039, 2017, Appropriating Prior Year Reserves in the
Transportation Fund for Regional Contribution to Larimer County for North I-25
Improvements. (Adopted)
The purpose of this item is to appropriate Transportation Reserve funds in the amount of $445,947,
to be remitted to Larimer County as part of an annual regional contribution of local matching funds
for the Colorado Department of Transportation’s (CDOT) North I-25 Improvements Project. With
Resolution 2016-077, adopted on October 4, 2016, Council authorized the Mayor to enter into an
intergovernmental agreement (IGA) with Larimer County and participating local agencies, including
the City, to contribute local matching funds for this purpose. This is the first of five annual
installments of these payments to Larimer County under the IGA. Local matching fund commitments
accelerate the improvements to I-25 in Northern Colorado.
7. Resolution 2017-026 Authorizing the Mayor to Execute an Intergovernmental Agreement
Between the City of Fort Collins and the Colorado Department of Transportation for the City's
Contribution of Funds for the North Interstate 25 Improvements. (Adopted)
The purpose of this item is to enter into an intergovernmental agreement/contract with CDOT to remit
$2.25 million in budgeted City funds ($1.125M each year 2017-18), for the purpose of providing local
matching funds for the North I-25 Improvements project. Local match funding contributions from Fort
Collins and other regional agencies allow the I-25 improvements to be accelerated by as many as
fifteen years. Funds were identified and appropriated as part of the 2017-2018 Budget.
8. Items Relating to the Riverside Bridge Replacement. (Adopted)
A. First Reading of Ordinance No. 048, 2017, Appropriating Unanticipated Grant Revenue from the
Colorado Off-System Bridge Program in the Capital Projects Fund for the Riverside Avenue
Bridge Replacement Project.
B. Resolution 2017-032 Authorizing the Execution of an Intergovernmental Agreement (IGA)
between the City and the Colorado Department of Transportation (CDOT) for replacement of the
Riverside Avenue Bridge.
The purpose of this item is to appropriate unanticipated grant funds in the Capital Projects Fund for
the replacement of the Riverside Avenue Bridge because it is progressing towards deterioration and
does not have the desired load carrying capacity. Additionally, this item authorizes the Mayor to
execute an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation
(CDOT) related to the grant funds.
The City of Fort Collins Engineering Department has applied for, and was awarded, a grant from the
federally funded Colorado Off-System Bridge Program in the amount of $1,156,000. The IGA
between the City and CDOT is for the replacement of the Riverside Avenue Bridge over Spring
Creek.
March 21, 2017
City of Fort Collins Page 295
9. Items Relating to the Horsetooth Road and College Avenue Intersection. (Adopted)
A. Resolution 2017-027 Authorizing the Execution of an Intergovernmental Agreement Between the
City and the Colorado Department of Transportation for the Horsetooth Road and College
Avenue Intersection Improvements Project.
B. First Reading of Ordinance No. 040, 2017, Appropriating Unanticipated Grant Revenue From the
North Front Range Metropolitan Planning Organization and the Colorado Department of
Transportation in the Capital Projects Fund for the Horsetooth Road and College Avenue
Intersection Improvements Project.
The purpose of this item is to authorize the Mayor to sign an intergovernmental agreement to receive
grant funds (IGA), and to appropriate funds for the design, right-of-way acquisition, and construction
of the Horsetooth Road and College Avenue Intersection Improvements Project. The City was
approved for two federally funded grants, one through the North Front Range Metropolitan Planning
Organization (“NFRMPO”), category Surface Transportation Program (STP-Metro), for operational
and safety improvements; and the second a Highway Safety Improvement Program (HSIP) grant
awarded through the Colorado Department of Transportation (CDOT). The grant applications were
based on the addition of northbound and southbound dual left turn lanes. Single left turn lanes
currently exist for northbound and southbound traffic. Additionally, the project may include right turn
pockets, multi-modal improvements, median and landscaping improvements, and pavement
improvements.
10. First Reading of Ordinance No. 052, 2017, Amending Chapter 19 of the Code of the City of
Fort Collins to Adopt the Colorado Rules of Civil Procedure to Govern the Procedures for
Civil Actions Filed in Municipal Court and to Add City Code Section 1-24 to Clarify that Civil
Actions Arising Under the City's Ordinances are not Intended to Create by Implication Claims
for Monetary Damages for the Benefit of Third Parties. (Adopted)
The purpose of this item is to adopt for Municipal Court the Colorado Rules of Civil Procedure to be
used to govern the procedures for civil actions filed in Municipal Court that do not arise from
violations of the City Charter or Code.
11. First Reading of Ordinance No. 050, 2017, Amending Section 23-116 of the Code of the City of
Fort Collins Regarding Permits and Licenses to Enter on Real Property. (Adopted)
The purpose of this item is to amend Section 23-116 of the City Code to authorize the City Manager
to grant a permit or license for the use or occupation of any real property owned in the name of the
City for a period of up to five years. The existing language in the City Code specifies that the City
Manager may grant a permit or license for a period of up to one year.
12. Items Relating to the Resolution of Issues Concerning Josh Ames Water Certificates.
(Adopted)
A. Resolution 2017-028 Authorizing the City Manager to Execute Agreements with the Holders of
Water Certificates Issued Pursuant to an Agreement Dated May 10, 1971.
B. First Reading of Ordinance No. 042, 2017, Amending Chapter 26 of the Code of the City of Fort
Collins to Clarify the Acceptance of Water Certificates Issued Pursuant to an Agreement Dated
May 10, 1971, to Meet Raw Water Requirements.
The purpose of this item is to comprehensively address issues concerning water certificates the City
issued under a May 10, 1971, agreement with The Josh Ames Ditch Company (Josh Ames
Certificates), which have and will otherwise continue to raise disputes with the holders of such
certificates. As set forth in this item, these issues and disputes are to be addressed through two
related proposals. The first proposal is a resolution authorizing the City Manager to enter into
agreements with the holders of Josh Ames Certificates in order to treat those certificates as being
March 21, 2017
City of Fort Collins Page 296
equivalent to three acre-foot rights per Josh Ames Certificate. The second proposal is an ordinance
amending certain sections of Chapter 26 of the City Code to clarify how Josh Ames Certificates are
used to meet the City Code raw water requirements for treated water service.
13. Resolution 2017-032 Approving an Agreement Between the City of Fort Collins and the
Community Foundation of Northern Colorado Concerning the Creation of the City of Fort
Collins Foundation Fund. (Adopted)
The purpose of this item is to consider a resolution that would approve an agreement with
Community Foundation of Northern Colorado for the creation of a City of Fort Collins Foundation
Fund to be held and administered by the Community Foundation of Northern Colorado.
14. Resolution 2017-034 Authorizing an Intergovernmental Agreement Between the Cities of Fort
Collins, Loveland, and Greeley for the Exchange of Judicial Services, and Appointing
Temporary Judges. (Adopted)
The purpose of this item is to authorize an Intergovernmental Agreement (IGA) with the Cities of
Loveland and Greeley for judicial services to be used in the event that a conflict of interest or other
circumstance prevents the Municipal Judge and temporary judge from hearing a particular Municipal
Court case. This agreement is intended to replace an existing 1994 IGA between the same cities.
END CONSENT
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on attending the Islamic Center open house and panel
discussion. He also reported on the Poudre Heritage Alliance Board’s new website.
Mayor Troxell reported on the National League of Cities meeting.
Mayor Pro Tem Horak reported on a meeting with Senator Gardner at the National League of
Cities.
Councilmember Martinez reported on the National League of Cities Public Safety and Crime
Prevention meeting.
DISCUSSION ITEMS
15. First Reading of Ordinance No. 049, 2017, Amending Chapter 7.5 and 8 of the Code of the City
of Fort Collins for Phased Increases of the Capital Expansion Fees. (Postponed to May 2,
2017)
The purpose of this item is to adopt fee recommendations for increased capital expansion fees on a
phased timeline determined by City Council. In early 2016, staff initiated comprehensive reviews of
the Capital Improvement Expansion Fees, Transportation Capital Expansion (Street Oversizing)
Fees and Electric Capacity Fees. In late 2016, staff conducted a thorough inventory of all fees
across the City in order to better coordinate presentation of the holistic impact of fee
recommendations to the community. Staff worked to integrate the messaging of these efforts to the
community and to Council to illustrate the entire fee impact, as well as how Fort Collins compares to
neighboring cities’ impact fees.
Phased increases in the Capital Expansion Fees, which include the Fire Protection, Police, General
Government, Community Parkland and Neighborhood Parkland Capital Expansion Fees, are being
presented to Council for adoption on First Reading. Due to additional time needed to address the
March 21, 2017
City of Fort Collins Page 297
phasing of the Electric Capacity Fees and Transportation Capital Expansion Fees, the issue of their
phasing will be presented to Council at the April 25, 2017 Work Session.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mike Beckstead, Chief Financial Officer, stated the methodology for calculating these fees has
not changed. The current cost of existing City assets divided by population or equivalent
dwelling units provides the basis for the fees.
Tiana Smith, Revenue and Project Manager, stated impact fees exist to charge development for
the impact of the growth experienced in the community. Both asset values and population have
increased leading to fee increases. These fees put Fort Collins in the middle of the range of fees
compared to neighboring communities. Smith discussed the public and board and commission
outreach and stated concerns related to affordable housing were prevalent.
Ann Hutchison, Fort Collins Chamber of Commerce, discussed concerns with increased capital
expansion fees and encouraged Council to delay action in order to consider the entire package of
fees at one time.
Adam Eggleston encouraged additional citizen outreach and expressed concern the increased
fees would further widen the gap between supply and demand in the housing market.
Joe Rowan encouraged Council to delay action in order to consider the entire package of fees at
one time.
Clint Skutchan, Fort Collins Chamber of Commerce, encouraged Council to delay action in order
to consider the entire package of fees at one time. He expressed concern regarding splitting the
readings of the Ordinance between two Councils.
Councilmember Cunniff asked about fees compared to median home prices in neighboring
communities. Beckstead replied by showing a chart with that data.
Councilmember Martinez asked if these fees will affect projects with an already approved PDP.
Smith replied fees are not collected at that point in the process. Ted Shepard, Chief Planner,
replied the average turn-around time in development review varies with project complexity.
Building permit fees are collected at the time of building permit issuance, which is after the PDP
process has been completed and after the final plan and development agreement have been
recorded.
City Manager Atteberry noted a consultant has been hired to review the development review
process and improve its efficiency.
Councilmember Martinez made a motion, seconded by Mayor Troxell, to postpone the item to
May 2, 2017, after the new Council is seated.
Councilmember Cunniff stated he would not support the motion, although he agreed keeping the
effective dates the same does help. He stated he does not have an issue with two different
Councils hearing the item.
Councilmembers and staff held a discussion regarding future changes to fee adjustments.
March 21, 2017
City of Fort Collins Page 298
RESULT: FIRST READING OF ORDINANCE NO. 049, 2017, POSTPONED TO MAY 2,
2017 [5 TO 2]
MOVER: Ray Martinez, District 2
SECONDER: Wade Troxell, Mayor
AYES: Martinez, Stephens, Troxell, Horak
NAYS: Overbeck, Cunniff
RECUSED: Campana
16. Second Reading of Ordinance No. 038, 2017, Appropriating Prior Year Reserves in the
Neighborhood Parkland Fund for Neighborhood Park Site Development and Transferring
Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places
Program. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on March 7, 2017 (Campana recused)
appropriates Neighborhood Parkland Funds for the 2017-2018 budget cycle. This appropriation will
complete the neighborhood park offer, providing funding in the New Park Site Development
business unit for Sidehill Park and other neighborhood park projects.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 038, 2017, on Second Reading.
RESULT: ORDINANCE NO. 038, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
RECUSED: Campana
17. Second Reading of Ordinance No. 043, 2017, Amending Article III of Chapter 17 of the Code of
the City of Fort Collins by Adding a New Section 17-46 Regulating Use of Public Facilities on
Sidewalks, Plazas, Public Restrooms and Transit Facilities. (Adopted on Second Reading)
This Ordinance was adopted on First Reading, with amendments, on March 7, 2017, by a vote of 6-1
(Nays: Overbeck). The Ordinance provides a set of regulations for shared public spaces in the
pedestrian-friendly downtown area. The amendments (1) removed the prohibition on sitting,
kneeling or lying on sidewalks or plazas in the downtown area; (2) removed the prohibition on
placing attended personal property on sidewalks and plazas or public fixtures in the downtown area,
or in or around public restrooms and transit facilities; and (3) modified the direction to the City
Manager to report back to the City Council in a year on the impacts of the Ordinance.
Between First Reading and Second Reading City Attorney’s Office staff has made additional edits,
shown in highlighting and strike-out, to do the following:
Remove additional language that was no longer needed because of the First Reading
amendments, and adjust section numbering accordingly;
Add an exception to the prohibition on sitting in areas not designed for sitting at a transit facility if
enough seating is not available;
Add “locker” to the list of examples of fixtures where it is permissible to leave personal property
unattended; and
Minor rearrangement of exceptions in subsections (f) and (g).
Jeff Mihelich, Deputy City Manager, discussed the extensive public engagement process for this
item. He reviewed the comments and amendments made at First Reading. Regarding the
March 21, 2017
City of Fort Collins Page 299
interpretation of the likely penalties for potential violations, Mihelich noted the maximum fine is
assessed extremely rarely and jail time is only assessed in the case of multiple charges or a
significant criminal record. Staff believes a special agency session is the best possible outcome
for violations as opposed to fines or jail time.
Shane Sheridan discussed the need for locker space and opposed the Ordinance.
Steve Raimer stated his church has been contacted by staff regarding the placement of lockers at
that property. He stated there are many community-based agencies that would likely be willing
to work on a solution for storage space for personal property. He suggested making those efforts
for a year prior to adopting any type of ordinance.
Jason Barrett stated the business community appreciated the passing of the Ordinance on First
Reading; however, he opposed the elimination of the sitting, kneeling and lying portion of the
Ordinance.
Nicholas Mouton asked how the unattended property aspect of this Ordinance will be enforced.
Jim Hewitt thanked Council for taking a step toward improving the use of public space
Downtown; however, he expressed concern the heart of the Ordinance was removed.
Lynn Thompson, Fort Collins Homeless Coalition opposed passage of the Ordinance on Second
Reading.
Amy Satterfield expressed disappointment the prohibition of lying on sidewalks was removed
from the Ordinance.
Terese Howard discussed the lawsuit being faced by Denver regarding property seizure.
Mike Pruznick discussed the smoking ban and enforcement fairness.
Jeremy Woodard, Fort Collins Homeless Coalition, opposed the proposed penalties and
expressed concern about confiscating personal property and unequal enforcement.
Holly Sample expressed appreciation for the changes made at First Reading but expressed
concern regarding the unattended property component.
Barb Wilkins expressed appreciation for the changes made at First Reading but stated sidewalks
should remain clear of obstacles for all citizens.
Dwight Hall stated the appropriate use of public spaces is not a complex issue and requested
Council adopt the Ordinance with paragraph B added back in.
Bob Criswell discussed sidewalk obstruction in Old Town and requested that Council adopt the
Ordinance with paragraph B added back in.
Kwon Atlas questioned whether an obstruction exists if no one needs to pass through a certain
area of the sidewalk. He stated the homeless community needs solutions.
Steve Hartman asked if a ban will also be placed on sandwich boards and other sidewalk
obstructions.
March 21, 2017
City of Fort Collins Page 300
Charlie Meserlian opposed providing lockers for homeless individuals.
Cheryl Distaso, Fort Collins Community Action Network, expressed concern regarding the
definition of unattended property and the proposed fines. She urged Council to oppose the
Ordinance.
Ryan Houdek commended the City for its compassion and urged Council to adopt the Ordinance.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
Councilmember Stephens asked if the Ordinance contains language relating to how long property
can be unattended without triggering a penalty. Mihelich replied a more detailed definition
could be added to the Ordinance.
Councilmember Cunniff expressed concern about right-of-way obstruction and questioned the
definition of unreasonably inconvenient.
Councilmembers had a discussion regarding replacing the “lie” ban language.
Councilmember Campana proposed reinserting Section B with the inclusion of language such as
“unless there are not enough fixtures designed for sitting available.”
Councilmember Cunniff suggested directing staff to return with an option that addresses the
existing obstruction Ordinance in a way that would be enforceable and lead to better right of way
usage.
Councilmember Stephens opposed replacing Section B and agreed with moving forward as
suggested by Councilmember Cunniff.
Councilmember Overbeck opposed replacing Section B.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 043, 2017, on Second Reading.
Councilmember Martinez asked if updates could be provided quarterly. Mihelich replied in the
affirmative.
Mayor Troxell questioned how right-of-way obstruction can be measured without the inclusion
of Section B.
Councilmember Campana discussed his desire for creating the best possible legislation that is
defensible. He stated existing laws may need to be better enforced.
Councilmember Overbeck opposed any type of jail time punishment.
Councilmember Cunniff stated he would prefer to get ongoing reports regarding sentencing and
stated this Ordinance will aid in providing equitable shared use of downtown spaces.
Councilmember Martinez stated this Ordinance is not related to homeless citizens and he will
support the Ordinance, but requested monthly reporting.
March 21, 2017
City of Fort Collins Page 301
Councilmember Stephens discussed the benefits of Special Agency Sessions which aim to get
people the help they need.
Councilmember Overbeck stated his opposition to including jail time punishment.
Mayor Troxell stated he would support the motion; however, he preferred to have the obstruction
portion included.
Councilmember Overbeck stated this issue deserves a more broad discussion and dialogue.
RESULT: ORDINANCE NO. 043, 2017, ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
18. Items Relating to Short Term Rental Land Use Code and City Code Ordinances. (Adopted as
Amended on Second Reading)
A. Second Reading of Ordinance No. 044, 2017, Amending the City of Fort Collins Land Use Code
Regarding Short Term Rentals.
B. Second Reading of Ordinance No. 045, 2017, Amending Chapter 15 of the Code of the City of
Fort Collins to Add Short Term Rental Licensing Regulations.
These Ordinances, unanimously adopted on March 7, 2017, bring forward a licensing structure and
the associated Land Use Code (LUC) changes to regulate short term rental (STR) activity in the City
of Fort Collins.
Included in the Ordinance on Second Reading are changes for clarity to the grandfathering
provisions. The amendments required to Ordinance No. 045 (City Code) should Council choose to
consider removing inspections and replacing with self-certification are attached as an exhibit to this
AIS.
Ginny Sawyer, Policy and Project Manager, reviewed the proposed Ordinances and discussed the
adopted zoning regulations. Sawyer also discussed the licensing provision and associated fees
and noted Council will have the option to adopt a self-certifying criterion.
Eric Sutherland questioned why this action is not considered a taking given vested rights.
Jim Janty, Neighborhood Action Coalition, asked how neighborhoods can be made stronger,
opposed self-certification, and noted there is no requirement for a publicly-listed contact for
short-term rentals.
Eric Tamme expressed concern regarding the grandfathering of non-conforming uses.
Adam Eggleston questioned how many complaints have been received regarding short-term
rentals and supported starting with licensure and reviewing after a certain amount of time.
Chris (indiscernible last name) expressed concern regarding the proposed four-hour response
time and suggested a maximum response time of one hour with all contact information made
public.
March 21, 2017
City of Fort Collins Page 302
Mike Pruznick discussed good neighbors and opposed heavy-handed regulations.
Paul Patterson requested Council support the position outlined by the Neighborhood Action
Coalition.
Whitney Crenshaw stated the current course is too aggressive, particularly relating to zoning.
Kathryn Dubiel spoke on behalf of Elizabeth Derbyshire and discussed non-conforming uses.
Mike Knowles discussed the necessary process for making changes to a property and questioned
the definition of non-conforming use.
Sue Ballou supported short-term rentals and discussed changes in the city.
Jen Petrick stated primary short-term rentals should be allowed in all zones and non-primary
short-term rentals should be allowed in NCB zones. She encouraged reasonable regulations and
stated the proposed are over-reaching.
Maggie Dennis, Neighborhood Action Coalition, expressed concern regarding grandfathering
and self-certification.
Paul Anderson supported the direction of the regulations and opposed grandfathering.
Dara Rose stated short-term rentals are self-regulating and opposed the amount of the license
fees.
Josh Chauncey stated this is legislation of good, neighborly behavior and supported short-term
rentals.
Michelle Haefele stated this use is a violation of the Land Use Code and urged Council to pass
the original Ordinance without changes. She requested the inclusion of publicly-available
contact information.
Lisa Eaton stated primary short-term rentals should be allowed in all zones.
Pete Grant urged Council to reconsider the restrictions on primary short-term rentals.
Diana Clements supported grandfathering of short-term rentals.
Jim Wurz stated the short-term rental use was prohibited by the Land Use Code and opposed
grandfathering without a sunset period.
Councilmember Cunniff asked if it would be possible for the City Attorney to craft a public
memo regarding the analysis of the grandfathering and non-conforming use issues if directed by
Council. City Attorney Daggett replied she could draft a memo and Council could opt to waive
attorney-client privilege and release it.
Councilmember Cunniff expressed concern this use has been allowed to continue without being
specifically permitted in the Land Use Code. He noted all properties, regardless of their use are
subject to nuisance provisions. Sawyer replied all properties fall under the public nuisance
March 21, 2017
City of Fort Collins Page 303
ordinance and short-term rental properties which repeatedly violate the ordinance would fall
under the same requirements as any property for the owner to remediate the situation. A fine
structure leading up to ultimately placing a lien on the property are potential penalties.
Councilmember Cunniff asked about requiring owner names to be public. Sawyer replied that is
not required for long-term rentals or businesses.
Councilmember Campana made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 044, 2017, on Second Reading.
Councilmember Campana commended staff work on this item.
Mayor Pro Tem Horak discussed ensuring taxes are being paid for short-term rentals.
Councilmember Martinez expressed concern regarding collecting back taxes if operators have
been discovered to have not paid them over the past three years. City Manager Atteberry noted
there are efforts made for voluntary compliance prior to any type of forced payment. The City
has over 95% voluntary compliance on code enforcement issues. Smith noted each case is
addressed individually and payment plans can be put into place.
City Manager Atteberry stated he will provide a memo regarding tax collection policies.
Mayor Pro Tem Horak stated any grandfathered properties should be required to pay back taxes.
RESULT: ORDINANCE NO. 044, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Campana, Overbeck, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 045, 2017, on Second Reading.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to amend Section
15-632 to allow self-certification.
City Attorney Daggett outlined the necessary language changes for such an amendment.
Mayor Pro Tem Horak discussed his reasoning for allowing self-certification.
Councilmember Martinez asked what grounds would exist for staff to opt to do an inspection.
Sawyer replied a lack of necessary building permits could be a reason for inspection.
Councilmember Cunniff asked if photos of items such as smoke detectors and egress windows
would be required as part of the self-certification. Sawyer replied that has not been considered at
this point; however, operators must certify compliance with a list of requirements and should
they be found to not meet those requirements, that is grounds to not issue and/or revoke a
license.
The vote on the motion to amend was as follows: Yeas: Martinez, Stephens, Campana, Cunniff,
Horak, Troxell and Overbeck. Nays: None.
March 21, 2017
City of Fort Collins Page 304
THE MOTION CARRIED.
Councilmember Cunniff stated he would have preferred Council to have more policy tools to
restrict what was not an allowable use; however, he does not want to lose the existing progress.
RESULT: ORDINANCE NO. 045, 2017, ADOPTED AS AMENDED ON SECOND READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Campana, Overbeck, Troxell, Cunniff, Horak
Motion to Extend the Meeting past 10:30 PM
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to extend the
meeting past 10:30 PM to consider the next two agenda items plus any other business to come
before Council.
RESULT: ADOPTED [6 TO 1]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Campana, Overbeck, Troxell, Cunniff, Horak
NAYS: Martinez
19. Resolution 2017-033 Adopting the Downtown Plan as an Element of the Comprehensive Plan
(City Plan) and Repealing the 1989 Downtown Plan. (Adopted)
The purpose of this item is to adopt the Downtown Plan. As an element of City Plan, the Plan
represents a subarea of the community that provides a more specific vision, policy direction and
implementation strategies. The Downtown Plan document includes a summary of community
engagement, important issues and opportunities to be addressed, a long-range vision, and
principles, policies, and implementation strategies to enact the vision.
Cameron Gloss, Planning Manager, discussed the new Downtown Plan and stated it will guide
the evolution of the downtown area over the next 20 years in terms of policy, regulations,
programs, capital projects, funding options, and future character. This Plan will change the
downtown boundary to be consistent with that of the Downtown Development Authority. Gloss
discussed the public outreach process as being exhaustive and involving many techniques. He
outlined the document itself and detailed various implementation aspects.
Eric Sutherland stated improvements to the downtown area need to be funded in some way other
than with property tax attributable to levies from the Poudre School District.
Mike Pruznick questioned the use of public funds for this project. He expressed disappointment
in the innovation aspects of the Plan.
Matt Robenalt, Downtown Development Authority, noted the DDA Board has unanimously
approved a Resolution recommending adoption of the Downtown Plan. He commended staff
work on the Plan.
March 21, 2017
City of Fort Collins Page 305
Councilmember Cunniff requested staff input regarding boards and commissions comments
relating to a more aggressive implementation of long-term economically viable solutions to
parking, the potential impact of the new stadium on spill-over transportation and parking issues,
handicapped accessibility along College Avenue, and the need for more attention on social
issues. Gloss replied the Plan reflects clear direction from the Parking Advisory Board and
Council regarding parking management. The Plan also contains a thread of attention to social
issues throughout the Plan. Transportation staff members were not convinced of a substantial
impact on the downtown area specifically related to the new stadium.
Councilmember Overbeck asked about fixing gray field sites in the area. Gloss replied federal
funding has been received and clean-up efforts will continue.
Councilmember Overbeck asked about historic buildings in the Plan. Gloss replied a request for
proposal is out now for consulting services to assist the Historic Preservation program regarding
the definitions of adjacency and compatibility.
Councilmember Stephens requested input regarding housing affordability. Gloss replied a
commitment has been made to audit and monitor downtown housing; however, there are no
existing metrics for a strategy at this point. The overall issue of affordable housing will be
further discussed as part of the upcoming City Plan process.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2017-033.
Councilmembers commended staff work on the Plan.
RESULT: RESOLUTION 2017-033 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Campana, Overbeck, Troxell, Cunniff, Horak
20. First Reading of Ordinance No. 051, 2017, Appropriating Prior Year Reserves in the General
Fund to Support the Idea 2 Product 3D Printing Community Center. (Adopted on First
Reading)
The purpose of this item is to present City Council with an Ordinance appropriating General Fund
Reserves to support the relocation of the Idea 2 Product (“I2P”) laboratory and develop a 3D Printing
Community Center. The City through the proposed appropriation will pledge $150,000 to support the
relocation and construction of the 3D Printing Community Center within the Fort Collins community.
The funds will be pledged contingent upon the ability of I2P, the operator of the 3D Printing
Community Center, to raise a total (including the City's pledge) of $3.0 million from private sources,
other communities, and grants. The pledge will terminate at the end of 2017 unless I2P has
successfully raised funds and may be renewed at City Council's option in future years.
Mayor Troxell withdrew from the discussion of this item due to a conflict of interest.
Josh Birks, Economic Health and Redevelopment Director, stated the objective of this funding is
to move the 3D printing facility off-campus to create greater access to the public.
Eric Sutherland stated the Charter prohibits this type of funding, as it is a form of gifting.
March 21, 2017
City of Fort Collins Page 306
Mike Pruznick questioned why a CSU program is receiving public funding and stated the dollars
would be better spent on social programs.
Councilmember Martinez asked if this is a Charter violation. City Attorney Daggett replied the
expenditure is furthering a legitimate municipal purpose and involves an agreement governing
the use of the funds; therefore, the Charter does not prohibit the expenditure.
Councilmember Martinez made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 051, 2017, on First Reading.
Councilmember Cunniff asked if subsidies for materials have been considered. Birks replied the
industry cluster grant helps to offset the operational costs of the lab and a supply closet of basic
materials is provided for users.
Councilmember Cunniff expressed concern regarding the February sales tax shortfall. City
Manager Atteberry replied returns were lower than projected for sales tax; however, use tax was
higher than projected and a reserve fund exists. March tax numbers will be available prior to
Second Reading of the Ordinance.
Councilmember Stephens asked if this funding will be needed continuously. Birks replied the $3
million target for the lab covers its capital costs and runway to self-sufficiency for operation.
Councilmember Stephens asked if other communities have this type of lab. Birks replied it is
based on a business model that has been proven to work in other areas in support of the
entrepreneurial community.
Councilmember Stephens asked if the new facility will be accessible by transit. Birks replied
that is a prime consideration.
Councilmember Stephens asked about youth use of the facility. Dr. David Prawel, Idea 2
Product, replied the key to this model is corporate participation. He discussed the vision of the
program to serve the entire community, including students.
RESULT: ORDINANCE NO. 051, 2017, ADOPTED ON FIRST READING [6 TO 0]
MOVER: Ray Martinez, District 2
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Campana, Overbeck, Cunniff, Horak
RECUSED: Troxell
ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn to
6:00 PM on March 28, 2017 to consider the items withdrawn from the Consent Agenda, a
possible Executive Session, and such other matters as may come before the Council.
March 21, 2017
City of Fort Collins Page 307
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Campana, Overbeck, Troxell, Cunniff, Horak
The meeting adjourned at 11:53 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 308
March 28, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff present: Atteberry, Daggett, Winkelmann
MAYOR COMMENTS
Mayor Troxell condemned the vandalism of the Fort Collins Islamic Center and stated the
hateful action does not represent the inclusive Fort Collins community. He commended Police
Services work on apprehending a suspect.
Councilmembers Martinez, Stephens, Campana, Overbeck and Cunniff echoed the Mayor’s
comments and discussed the opportunity to bring the community together.
2. Second Reading of Ordinance No. 035, 2017, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates, Fees and Charges for Customers Participating in
Community Solar Projects. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on February 21, 2017, expands the definition
of “community solar projects” in Chapter 26 of the City Code to include both “subscriber-based” and
“program-managed” community solar projects, and to establish a net metering rate applicable to the
Solar Affordability Program (SAP), a new program-managed community solar project. In addition,
this item provides background on the income qualified SAP which will provide participating Fort
Collins electric customers with direct bill credits for a one year period. During that time, SAP
households will participate in efficiency and conservation installations customized to each household,
drawing on resources from Utility Services, Larimer County and the State of Colorado. Program
households will also participate in energy saving education and complete efficiency upgrades.
Combined, the efficiency and education opportunities will enable program households to
permanently reduce their electric expenses and usage. Over the life of the SAP, hundreds of
qualifying households will benefit from a reduced energy burden as individual participants in the
program, and the benefits of additional renewable energy generation will be realized across the
residential rate class. The proposed credit rate for SAP and other dedicated program-managed
community solar project customers is the same rate as that currently available to customers of
subscriber-owned community solar projects, like the Riverside Community Solar project.
Mike Pruznick opposed the 120% rule and stated it does not limit net metering.
Councilmember Cunniff requested a memo regarding the 120% rule.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 035, 2017, on Second Reading.
City of Fort Collins Page 309
RESULT: ORDINANCE NO. 035, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
3. First Reading of Ordinance No. 039, 2017, Appropriating Prior Year Reserves in the
Transportation Fund for Regional Contribution to Larimer County for North I-25
Improvements. (Adopted on First Reading)
The purpose of this item is to appropriate Transportation Reserve funds in the amount of $445,947,
to be remitted to Larimer County as part of an annual regional contribution of local matching funds
for the Colorado Department of Transportation’s (CDOT) North I-25 Improvements Project. With
Resolution 2016-077, adopted on October 4, 2016, Council authorized the Mayor to enter into an
intergovernmental agreement (IGA) with Larimer County and participating local agencies, including
the City, to contribute local matching funds for this purpose. This is the first of five annual
installments of these payments to Larimer County under the IGA. Local matching fund commitments
accelerate the improvements to I-25 in Northern Colorado.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 039, 2017, on First Reading.
RESULT: ORDINANCE NO. 039, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
4. Resolution 2017-026 Authorizing the Mayor to Execute an Intergovernmental Agreement
Between the City of Fort Collins and the Colorado Department of Transportation for the City's
Contribution of Funds for the North Interstate 25 Improvements. (Adopted)
The purpose of this item is to enter into an intergovernmental agreement/contract with CDOT to remit
$2.25 million in budgeted City funds ($1.125M each year 2017-18), for the purpose of providing local
matching funds for the North I-25 Improvements project. Local match funding contributions from Fort
Collins and other regional agencies allow the I-25 improvements to be accelerated by as many as
fifteen years. Funds were identified and appropriated as part of the 2017-2018 Budget.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2017-026.
RESULT: RESOLUTION 2017-026 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
5. First Reading of Ordinance No. 052, 2017, Amending Chapter 19 of the Code of the City of
Fort Collins to Adopt the Colorado Rules of Civil Procedure to Govern the Procedures for
Civil Actions Filed in Municipal Court and to Add City Code Section 1-24 to Clarify that Civil
Actions Arising Under the City's Ordinances are not Intended to Create by Implication Claims
for Monetary Damages for the Benefit of Third Parties. (Adopted as Amended on First
Reading)
The purpose of this item is to adopt for Municipal Court the Colorado Rules of Civil Procedure to be
used to govern the procedures for civil actions filed in Municipal Court that do not arise from
violations of the City Charter or Code.
City of Fort Collins Page 310
Mike Pruznick questioned why this Ordinance would be affective retroactively.
Ann Hunt stated she has filed a complaint with Municipal Court and stated there are no rules for
Municipal Court. She suggested having rules unique to Fort Collins’ Charter and Codes.
Carolynne White, attorney representing the developer of Landmark Apartments, supported
adoption of the Ordinance.
Deputy City Attorney John Duvall stated a review of Colorado municipalities has shown other
home rule cities have adopted the Colorado Rules of Civil Procedure.
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 052, 2017, on First Reading.
Councilmember Cunniff asked if this move would help provide guidance to the Municipal Court
as it moves forward with a pending case. City Attorney Daggett replied in the affirmative and
suggested a language modification. Councilmembers Cunniff and Campana accepted the
language modification.
Councilmember Campana asked about the advantages and disadvantages of the Ordinance being
retroactively affective. City Attorney Daggett replied making the Ordinance retroactive
eliminates any question about Council’s intent. She noted the retroactivity will not take place
until ten days after Second Reading.
RESULT: ORDINANCE NO. 052, 2017, ADOPTED AS AMENDED ON FIRST RE
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Councilmember Cunniff requested and received Council support to direct staff to craft a
Resolution relating to child abuse and prevention. He asked if Council would like to direct the
City Manager to give Council options or develop policies around the 20-foot rule and reasonable
obstruction portions of the appropriate use of public space ordinance.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to go into
Executive Session for the purpose of meeting with City staff to discuss real property acquisitions
for the Natural Areas Department as permitted under Section 2-31(a)(3) of the City Code and
Colorado Revised Statutes Section 24-6-402(4)(a).
RESULT: MOTION TO GO INTO EXECUTIVE SESSION ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
(Secretary’s note: Council went into executive session at 6:45 p.m. and returned to the
adjourned meeting at 7:08 p.m.)
City of Fort Collins Page 311
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to cancel the April
4, 2017 City Council meeting as permitted under Section 2-28(a) of the Code of the City of Fort
Collins due to the Municipal Election on that date.
RESULT: MOTION TO CANCEL APRIL 4, 2017, ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to call a special
meeting of City Council for Tuesday, April 11, 2017, at 6:00 PM, for the purpose of swearing in
the Mayor and City Councilmembers elected at the regular Municipal Election on April 4
th
, as
permitted under Section 2-29(a) of the Code of the City of Fort Collins.
RESULT: MOTION TO CALL SPECIAL MEETING ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 7:14 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 312
April 11, 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, Horak, Campana
Staff Present: Atteberry, Daggett, Winkelmann
OUTGOING COUNCILMEMBER COMMENTS
Councilmember Campana thanked the community for giving him the opportunity to serve on
Council and thanked his family for their sacrifices.
OATHS OF OFFICE - Newly Elected Mayor and Councilmembers
Councilmembers Overbeck, Summers, and Cunniff and Mayor Troxell took their oaths of office.
NEWLY ELECTED COUNCILMEMBERS WILL BE SEATED
DISCUSSION ITEMS
Election of Mayor Pro Tem
Mayor Troxell outlined the responsibilities of the Mayor Pro Tem and the process for election.
Gerry Horak expressed interest in the Mayor Pro Tem position.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to elect Gerry
Horak as Mayor Pro Tem.
Councilmember Cunniff and Mayor Troxell thanked Mayor Pro Tem Horak for his willingness
to serve and work as Mayor Pro Tem over the past four years.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
2. Resolution 2017-036 Making Interim Council Committee Appointments. (Adopted)
The purpose of this item is to make interim appointments to Council Committees to fill vacancies
created by outgoing Councilmember Campana.
Mayor Pro Tem Horak discussed the need for these interim appointments.
Councilmember Summers stated he would be willing to serve on the three committees in an
interim capacity.
City of Fort Collins Page 313
Councilmember Martinez made a motion, seconded by Mayor Pro Tem Horak, to adopt
Resolution 2017-036, appointing Councilmember Summers in an interim capacity to the Ethics
Review Board, Futures Committee, and Legislative Review Committee.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Gerry Horak, District 6
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 6:46 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 314
April 18, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated two public hearings are listed on the Consent Agenda for Item
Nos. 9, Public Hearing and Second Reading of Ordinance No. 052, 2017, Amending Chapter 19
of the Code of the City of Fort Collins to Adopt the Colorado Rules of Civil Procedure to Govern
the Procedures for Civil Actions Filed in Municipal Court and to Add City Code Section 1-24 to
Clarify that Civil Actions Arising Under the City's Ordinances are not Intended to Create by
Implication Claims for Monetary Damages for the Benefit of Third Parties and 13, Public
Hearing and First Reading of Ordinance No, 056, 2017, Amending Chapter 9 of the Code of the
City of Fort Collins and Adopting by Reference the 2015 International Fire Code, with
Amendments. He withdrew Item No. 19, Resolution 2017-037 Appointing an Unaffiliated
Member to the Boxelder Basin Regional Stormwater Authority Board of Directors by Mutual
Agreement of Fort Collins and Larimer County, from the agenda.
City Manager Comments
In relation to a police incident in Old Town, City Manager Atteberry stated Chief Hutto has
charged the department’s Professional Standards unit to investigate the incident and have the
Citizen Review Board conduct an investigation. The City is committed to preserving a process
that ensures fair and impartial outcomes for all parties involved. The officer who was involved
has been placed on administrative leave while the investigation continues. Once the
investigation and the review processes are complete, all of the body-worn videos related to the
incident will be released.
CITIZEN PARTICIPATION
Stacia Ryder, Women’s Commission, thanked the Mayor and Council for recognizing sexual
assault awareness month and for its support of the It’s On Us campaign.
Mel Hilgenberg reported Jack Daniels is doing well at the hospital after a non-injury fall. He
discussed affordable housing and the Old Town trolley.
Ryan Houdek requested Council put the downtown smoking ban on its retreat agenda and
suggested changes be made to the Ordinance.
Laura Larson, Executive Director of SAVA, thanked the Mayor and Council for recognizing
sexual assault awareness month and for its support of the It's On Us campaign. She encouraged
Council to allot additional funding for victim services in the community.
April 18, 2017
City of Fort Collins Page 315
Juan Caro discussed excessive force used by Fort Collins Police and stated officers should be
held accountable.
Katie Abeyta, SAVA, discussed the services provided by SAVA and encouraged Council to allot
additional funding for victim services in the community.
Daniela Pineda Soraca, Colorado State University Student Body President, discussed excessive
force used by Fort Collins Police.
Julia Luciano, SAVA, thanked Council for recognizing April as Sexual Assault Awareness
Month, and encouraged additional funding for human services.
Marilyn (no last name given) supported grandfathering short-term rentals in non-conforming
zones.
Jeff Jensen encouraged Council members to represent its citizens and all sides of issues.
Leila Lamborne supported revisions to the Old Town smoking ban as the current ban does not
allow reasonable alternatives for smokers.
John Anderson discussed police incidents.
Kristy Rogers stated she runs a business in Old Town and has never been bothered by smoking.
She encouraged Council to reconsider the ban as it is damaging to Old Town.
Michael Korns discussed the police incident in Old Town. He supports the police but expressed
shock about the incident.
Ty Fulcher urged Council to reconsider the Old Town smoking ban.
Jennifer Spencer discussed the police incident in Old Town and stated it moves in the opposite
direction of trust and tolerance.
Kwon Atlas discussed the police incident in Old Town and stated excessive force was used.
Joslie Lane stated the officer involved in the Old Town incident is a good officer and
commended Fort Collins Police Services.
Lauren Atlas stated she supports the police; however, she expressed concern regarding a personal
experience and use of excessive force by officers.
Joe Rowan discussed housing costs.
Nina (no last name given) discussed her experience being assaulted by a police officer in
Greeley.
Juliana Cohen discussed the police incident in Old Town and stated the officer used excessive
force.
Tina Chavez thanked Fort Collins Police for being accountable and using body-worn cameras.
April 18, 2017
City of Fort Collins Page 316
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez expressed appreciation for the speakers and assured citizens the Old
Town incident will be thoroughly investigated.
Councilmember Stephens stated the Old Town incident will be fully investigated. She thanked
the Women’s Commission and SAVA for their partnership.
Councilmember Cunniff stated he is confident policies and procedures will be improved as
necessary regardless of the outcome of the investigation of the Old Town incident.
Councilmember Overbeck thanked the speakers and assured citizens the Old Town incident will
be thoroughly investigated.
Mayor Pro Tem Horak stated the investigation of the Old Town incident will involve much more
information than just the existing video.
Mayor Troxell thanked the speakers and supported an examination of the Old Town smoking
ban. He commended the work of SAVA and supported the It’s On Us campaign.
CONSENT CALENDAR
Mayor Troxell opened the public hearings for Item Nos. 9, Public Hearing and Second Reading
of Ordinance No. 052, 2017, Amending Chapter 19 of the Code of the City of Fort Collins to
Adopt the Colorado Rules of Civil Procedure to Govern the Procedures for Civil Actions Filed in
Municipal Court and to Add City Code Section 1-24 to Clarify that Civil Actions Arising Under
the City's Ordinances are not Intended to Create by Implication Claims for Monetary Damages
for the Benefit of Third Parties and 13, Public Hearing and First Reading of Ordinance No, 056,
2017, Amending Chapter 9 of the Code of the City of Fort Collins and Adopting by Reference the
2015 International Fire Code, with Amendments.
Councilmember Martinez withdrew Item No. 13, Public Hearing and First Reading of
Ordinance No, 056, 2017, Amending Chapter 9 of the Code of the City of Fort Collins and
Adopting by Reference the 2015 International Fire Code, with Amendments, from the Consent
Agenda.
Eric Sutherland withdrew Item Nos. 3, Second Reading of Ordinance No. 039, 2017,
Appropriating Prior Year Reserves in the Transportation Fund for Regional Contribution to
Larimer County for North I-25 Improvements, 9, Public Hearing and Second Reading of
Ordinance No. 052, 2017, Amending Chapter 19 of the Code of the City of Fort Collins to Adopt
the Colorado Rules of Civil Procedure to Govern the Procedures for Civil Actions Filed in
Municipal Court and to Add City Code Section 1-24 to Clarify that Civil Actions Arising Under
the City's Ordinances are not Intended to Create by Implication Claims for Monetary Damages
for the Benefit of Third Parties, and 10, First Reading of Ordinance No. 053, 2017,
Appropriating Prior Year Reserves in the Transportation Fund for Consulting Services Related
to Interstate 25 (I-25) Traffic Solution Efforts, from the Consent Agenda.
Mayor Troxell closed the public hearings since both items requiring a public hearing were
removed from the Consent Calendar.
April 18, 2017
City of Fort Collins Page 317
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 CALENDAR ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the February 21, 2017 Regular Council Meeting
and the February 28, 2017 Special Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the February 21, 2017 Regular Council
meeting and the February 28, 2017 Special Council meeting.
2. Second Reading of Ordinance No. 029, 2017, Amending Chapter 15, Article XI of the Code of
the City of Fort Collins Related to the Regulation and Licensure of Dealers in Secondhand
Property. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 21, 2017, updates and revises
Article XI of Chapter 15 of the Fort Collins City Code. Article XI addresses the regulation and
licensure of dealers in secondhand property within the City of Fort Collins. The proposed changes
will update the outdated provisions to comply with current state law, local practice and procedure,
and fill in any gaps in the existing provisions. Such changes include modifying the definition of a
secondhand dealer to include a person who buys secondhand property and eliminating the
restriction on issuance or renewal of a license because of any felony by the licensee, to be
consistent with state law.
Changes to this Ordinance were made between First and Second Reading to: (1) clarify the
definition of secondhand property to exclude donated property, exclude cellular telephones passed
between cellphone carriers and their customers, and to further clarify that secondhand property is
property “previously owned and used by another person”; (2) place a limit of ten years on convictions
in an applicant’s criminal history for which they may be denied a Secondhand Dealer’s License; and
(3) clarify that dealers must have a separate license for each location at which they deal in
secondhand property.
3. Second Reading of Ordinance No. 040, 2017, Appropriating Unanticipated Grant Revenue
From the North Front Range Metropolitan Planning Organization and the Colorado
Department of Transportation in the Capital Projects Fund for the Horsetooth Road and
College Avenue Intersection Improvements Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 21, 2017, appropriates funds for
the design, right-of-way acquisition, and construction of the Horsetooth Road and College Avenue
Intersection Improvements Project. The City was approved for two federally funded grants: (1) from
the North Front Range Metropolitan Planning Organization category Surface Transportation
Program, for operational and safety improvements; and (2) a Highway Safety Improvement Program
grant awarded through the Colorado Department of Transportation. The grant applications were
based on the addition of northbound and southbound dual left turn lanes. Single left turn lanes
currently exist for northbound and southbound traffic. Additionally, the project may include right turn
pockets, multi-modal improvements, median and landscaping improvements, and pavement
improvements.
April 18, 2017
City of Fort Collins Page 318
4. Second Reading of Ordinance No. 042, 2017, Amending Chapter 26 of the Code of the City of
Fort Collins to Clarify the Acceptance of Water Certificates Issued Pursuant to an Agreement
Dated May 10, 1971, (Commonly Known as “Josh Ames Certificates”) to Meet Raw Water
Requirements. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 21, 2017, amends certain sections
of Chapter 26 of the City Code to clarify how Josh Ames Certificates are used to meet the City Code
raw water requirements for treated water service. These Code amendments address issues
concerning water certificates the City issued under a May 10, 1971, agreement with The Josh Ames
Ditch Company (Josh Ames Certificates), which have and will otherwise continue to raise disputes
with the holders of such certificates.
The phrase “commonly known as Josh Ames Certificates’” has been added to the title of the
Ordinance for clarity and ease of future reference.
5. Second Reading of Ordinance No. 047, 2017, Appropriating Funds Related to Additional 2017
Budget Transfers to Meet Fund Accounting Requirements. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 21, 2017, authorizes moving of
funding from one fund to another. This action has no impact on service delivery of the programs and
services funded in the 2017 Budget and there are no funding shortfalls. Rather, this appropriation
moves funding from the fund where the Offer was funded to the fund where the actual expenses will
occur.
6. Second Reading of Ordinance No. 048, 2017, Appropriating Unanticipated Grant Revenue
from the Colorado Off-System Bridge Program in the Capital Projects Fund for the Riverside
Avenue Bridge Replacement Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 21, 2017, appropriates
unanticipated grant funds in the Capital Projects Fund for the replacement of the Riverside Avenue
Bridge because it is progressing towards deterioration and does not have the desired load carrying
capacity.
7. Second Reading of Ordinance No. 050, 2017, Amending Section 23-116 of the Code of the
City of Fort Collins Regarding Permits and Licenses to Enter on Real Property. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 21, 2017, amends Section 23-116
of the City Code to authorize the City Manager to grant a permit or license for the use or occupation
of any real property owned in the name of the City for a period of up to five years. The existing
language in the City Code specifies that the City Manager may grant a permit or license for a period
of up to one year.
8. First Reading of Ordinance No. 054, 2017, Appropriating Prior Year Reserves in the General
Fund for Waste Reduction and Diversion Projects Approved as Part of the Waste Innovation
Program. (Adopted)
The purpose of this item is to shift $150,000 accumulated during 2016 in the Waste Innovation Fund
account into the City’s General Fund account for approved projects to develop new organizational
processes that enable departments to divert more waste material from landfill disposal.
April 18, 2017
City of Fort Collins Page 319
9. First Reading of Ordinance No. 055, 2017, Appropriating Prior Year Reserves in the Storm
Drainage Fund to Perform Stream Rehabilitation Improvements on McClellands Creek in
Connection with the Twin Silo Park Development Project and Transferring Appropriations to
the Cultural Services and Facilities Fund for the Art in Public Places Program (Adopted)
The purpose of this item is to appropriate $454,500 from prior year reserves in the Storm Drainage
Fund to perform stream rehabilitation improvements on McClellands Creek and authorizing transfers
to the Cultural Services Fund for the Art in Public Places (APP) program in connection with the Twin
Silos Park project.
10. First Reading of Ordinance No. 057, 2017, Adopting the Fort Collins Utilities Water and
Wastewater Design Criteria Manual. (Adopted)
The purpose of this item is to adopt a Water and Wastewater Criteria Manual that establishes
minimum standards for designing public improvements within the Fort Collins Utilities (FCU) water
and wastewater service areas.
END CONSENT
COUNCILMEMBER REPORTS
Councilmember Martinez reported on the It’s On Us program at CSU and a community
connectivity event at Shepardson Elementary. He supported addressing the smoking ban.
Councilmember Summers reported on a tour of the new Comcast service center.
Councilmember Stephens reported on the community connectivity event at Shepardson
Elementary and noted the new Consul General of Japan has been welcomed to Fort Collins.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
11. Public Hearing and First Reading of Ordinance No, 056, 2017, Amending Chapter 9 of the
Code of the City of Fort Collins and Adopting by Reference the 2015 International Fire Code,
with Amendments. (Adopted)
The purpose of this item is to adopt the 2015 International Fire Code as amended. The International
Code Council (ICC) publishes updated codes every three years. The Poudre Fire Authority Board of
Directors has reviewed and approved this code package and is requesting the code be adopted as
amended.
Poudre Fire Authority (PFA) is responsible for the enforcement and administration of the
International Fire Code (IFC) within the City of Fort Collins. Every three years, the IFC is updated by
the International Code Council (ICC) with the most recent update published in 2015. Poudre Fire
Authority routinely reviews new codes, proposes local amendments and then seeks adoption of the
code changes by the City Council. The proposed amendments, developed in conjunction with the
local Fire Code Review Committee, include several changes to the local code. There were a few
significant changes to the published code including provisions related to hyperbaric facilities, removal
of abandoned wiring in plenums, protection of elevators for fire service access and occupant
evacuation, carbon dioxide systems and multi-story tents/membrane structures and temporary stage
canopies. Local amendments include new provisions limiting bon fire size, restricting solid fuel
outdoor fireplaces and fire pits at commercial properties and clarifying language to provide
consistency across PFA’s jurisdiction as well as the long standing local provisions for fire sprinkler
protection and egress.
Mayor Troxell opened the public hearing for this item.
April 18, 2017
City of Fort Collins Page 320
Councilmember Martinez asked how these changes will affect residential fire pits. Bob
Poncelow, Poudre Fire Authority Fire Marshal, replied the restrictions for not using solid fuel
appliances is only for commercial occupancies.
Councilmember Martinez asked if the required sprinkler systems will increase housing costs.
Poncelow replied there are no significant changes to the existing sprinkler system requirements
to sprinkler or compartmentalize buildings over 5,000 square feet. He noted the Fire Code does
not apply to one and two-family buildings.
Councilmember Summers asked about the cost of water taps for fire suppression systems,
particularly for the commercial application. Poncelow replied a commercial fire sprinkler
system usually requires a large water tap; however, when the existing sprinkler requirements
were put into place, it was decided the extra water tap cost should not be passed on to customers.
There is no charge for water taps for fire suppression systems.
Councilmember Summers asked if there are any new local provisions for the Fire Code.
Poncelow replied the sprinkler requirement has been in place since the 1980s and there have
been some provisions added relating to limiting solid fuel burning appliances, addressing of
apartment buildings, micro-distilleries, and carbon dioxide systems for beverage dispensing.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 056, 2017, on First Reading.
Mayor Pro Tem Horak discussed residential fire pits related to air quality issues.
Councilmember Stephens thanked staff and the Fire Code Review Committee for their work on
this item.
RESULT: ORDINANCE NO. 056, 2017 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Mayor Troxell closed the public hearing.
DISCUSSION ITEMS
12. Second Reading of Ordinance No. 051, 2017, Appropriating Prior Year Reserves in the
General Fund to Support the Idea 2 Product 3D Printing Community Center. (Adopted on
Second Reading)
This Ordinance, adopted on First Reading on March 21, 2017 by a vote of 6-0 (Troxell recused),
appropriates General Fund Reserves to support the relocation of the Idea 2 Product (I2P) laboratory
and develop a 3D Printing Community Center. The City through the proposed appropriation will
pledge $150,000 to support the relocation and construction of the 3D Printing Community Center
within the Fort Collins community. The funds will be pledged contingent upon the ability of I2P, the
operator of the 3D Printing Community Center, to raise a total (including the City's pledge) of $3.0
million from private sources, other communities, and grants. The pledge will terminate at the end of
2017 unless I2P has successfully raised funds and may be renewed at City Council's option in future
years.
April 18, 2017
City of Fort Collins Page 321
Mayor Troxell withdrew from the discussion of this item due to a conflict of interest.
Eric Sutherland stated this type of appropriation is not consistent with the legislative intent of the
voters of Fort Collins. He urged Council to oppose the item.
Councilmember Martinez requested input regarding Mr. Sutherland’s comments. City Attorney
Daggett replied she disagrees with Mr. Sutherland’s interpretation and stated the Ordinance
articulates specific public purposes the City is intending to accomplish through the use of these
funds.
Councilmember Martinez made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 051, 2017, on Second Reading.
Councilmember Cunniff asked if there is a timing sensitivity regarding adopting this on Second
Reading. Josh Birks, Economic Health and Redevelopment Director, replied the timing of the
First Reading was important to give some preliminary indication to Idea 2 Product that the City
was pledging funds to assist with its grant application. There is no urgent timing for the Second
Reading other than to follow through with the pledge associated with the grant.
Councilmember Cunniff discussed the lower than expected sales tax revenue and stated he is
inclined to delay Second Reading until May 2.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to postpone
consideration of this item until the regular meeting of May 2.
Councilmember Summers supported the original motion.
Councilmember Stephens stated she would support postponing the item.
Mayor Pro Tem Horak stated he understands the idea behind postponing; however, the funding is
contingent upon the receipt of the $3 million grant.
The vote on the motion to postpone was as follows: Yeas: Cunniff, Overbeck and Stephens.
Nays: Summers, Martinez and Horak.
THE MOTION FAILED.
Councilmember Cunniff stated he cannot support the appropriation at this point.
RESULT: ORDINANCE NO. 051, 2017, ADOPTED ON SECOND READING [4 TO 2]
MOVER: Ray Martinez, District 2
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Horak
NAYS: Overbeck, Cunniff
RECUSED: Troxell
13. First Reading of Ordinance No. 058, 2017, Reappropriating Funds Previously Appropriated in
2016 But Not Expended and Not Encumbered in 2016. (Adopted on First Reading)
City Council authorized expenditures in 2016 for various purposes. The authorized expenditures
were not spent or could not be encumbered in 2016 because:
April 18, 2017
City of Fort Collins Page 322
there was not sufficient time to complete bidding in 2016 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies
the project for which the dollars were originally appropriated by Council could not be completed
during 2016 and reappropriation of those dollars is necessary for completion of the project in
2017
to carry on programs, services, and facility improvements in 2017 with unspent dollars previously
appropriated in 2016.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2016 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
Fund
2016
Amended
Budget
Reappropriation
Amount
% of 2016
Amended
Budget
General Fund $143,734,196 $948,174 0.7%
Keep Fort Collins Great Fund 25,849,423 691,195 2.7%
Light and Power Fund 143,023,302 107,933 0.1%
Data and Communications
Fund 11,544,230 301,600 2.6%
TOTAL $324,151,151 $2,048,902 0.6%
Lawrence Pollack, Budget and Performance Measurement Manager, stated the reappropriation
process allows the City to follow through on commitments it made to Council and the
community in prior years. The requirements for reappropriation funds include specific intended
purposes and use for those exact same purposes. He discussed the paired down amount
requested due to the lower than expected sales tax revenues. Though the sales tax revenue is
softer than budgeted, it is growing and there will be a better understanding of accurate numbers
after the April returns.
Items under consideration for the reappropriation include affordable housing and home buyer
assistance (which is part of the annual reappropriation due to the timing of the competitive
process), electronic plan review, Lincoln Corridor neighborhood projects, EPIC entrance
concrete work, median improvements, and broadband strategic planning efforts.
A contingency plan for the potential continued softening of sales tax revenue will go before the
Finance Committee and the remaining $850,000 will be discussed at that time.
Councilmember Summers asked about the total budget for 2017 for the broadband efforts.
Pollack replied he was unsure of the total of the original 2016 offer; however, no new funds have
been appropriated for 2017.
Mayor Pro Tem Horak asked what would be considered an accurate and precise predictor for
sales and use tax. Pollack replied there are a number of factors, including monthly revenue
collections and spending. Tiana Smith, Revenue and Project Manager, replied looking solely at
quarter one sales tax revenues is not a good predictor; however, examining both quarter one and
two together is a more accurate measure.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 058, 2017, on First Reading.
April 18, 2017
City of Fort Collins Page 323
Councilmember Overbeck asked if quarter one data has been correlated with interest rates or
stock prices. Smith replied stock prices have not been considered; however, median income,
cost of construction indices, and various inflation factors have been analyzed.
Councilmember Martinez asked if the quarter one sales tax slowdown is a consistent pattern.
Smith replied in the negative.
Councilmember Cunniff noted there is a correlation between past years quarter one revenues and
annual revenues. He commented on the desire of the Finance Committee to make adjustments to
lessen the need for reappropriations.
RESULT: ORDINANCE NO. 058, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
14. First Reading of Ordinance No. 059, 2017, Making Various Amendments to the Land Use
Code. (Adopted on First Reading)
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use
Code that have been identified since the last update in December 2015.
Ted Shepard, Chief Planner, stated a read-before memo has been provided to Council to explain
an inadvertent situation regarding setbacks in the downtown area. Shepard discussed the
proposed Land Use Code changes relating to redevelopment of recently annexed properties and
community-based shelter services.
Eric Sutherland discussed criteria used by Council in a quasi-judicial proceeding involving land
use and/or zoning. He stated the City lacks adequate ordinances to define the criteria used in
such determinations. He opposed the softening of requirements for outdoor gathering spaces for
multi-family dwellings.
Councilmember Cunniff asked about the Planning and Zoning Board split vote on the safe place
to rest provisions and notification. Jackie Kozak-Thiel, Sustainability Director, replied the main
discussion was around neighborhood notification and noted the community basis of this plan is
designed to have minimal neighborhood impact.
Councilmember Cunniff requested the development of some type of notification process in the
interest of transparency.
Councilmember Cunniff asked about the abandonment and change of use provisions. Cameron
Gloss, Planning Manager, replied there are specific criteria within the Ordinance that identify
those areas that would be prioritized and give the Director some discretion in waiving particular
Land Use Code requirements. This would allow for incremental improvements.
Councilmember Cunniff requested information from staff research regarding other communities
and requested follow-up regarding Mr. Sutherland’s comments relating to quasi-judicial matters.
City Attorney Daggett replied the Code contains information relating to quasi-judicial matters
and the analysis of whether the proceedings are quasi-judicial are based on the legal principles
that trigger those types of processes because of due process rights of interested stakeholders.
April 18, 2017
City of Fort Collins Page 324
Councilmember Stephens asked for a comparison of the safe place to rest and Faith Family
Hospitality. Kozak-Thiel replied the Faith Family Hospitality program rotates between
churches. The safe place to rest pilot has involved three sites three nights a week.
Councilmember Stephens asked if there are any safety concerns. Kozak-Thiel replied site visits
to shelter providers have occurred and no neighborhood complaints have been received to this
point, given the transportation considerations.
Councilmember Overbeck asked how walk-ups would be addressed. Kozak-Thiel replied no
walk-ups are allowed; users must first go to Catholic Charities for transportation and screening.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 059, 2017, on First Reading.
Councilmember Stephens thanked Kozak-Thiel for her work and commended the facilities that
are partnering in this effort.
City Attorney Daggett offered an amendment that follows the suggestion staff has made related
to main street storefront buildings in the downtown area. Mayor Pro Tem Horak and
Councilmember Cunniff accepted the amended language as part of their motion.
Mayor Pro Tem Horak discussed notification requirements. Kozak-Thiel stated an appropriate
notification for this flexible community-based model would be an annual meeting to talk about
all the potential sites and the placement of an individual call number.
RESULT: ORDINANCE NO. 059, 2017, ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
15. Items Relating to the Sales Tax Code. (Adopted on First Reading)
A. First Reading of Ordinance No. 060, 2017, Amending Article II of Chapter 25 and Division 2 in
Article IX of Chapter 26 of the Code of the City of Fort Collins Concerning the City’s Tax and
Utility Refund Programs.
B. First Reading of Ordinance No. 061, 2017, Amending Article III of Chapter 25 of the Code of the
City of Fort Collins Concerning the Imposition, Collection, and Enforcement of the City’s Sale
and Use Taxes.
C. First Reading of Ordinance No. 062, 2017, Amending Article IV of Chapter 25 of the Code of the
City of Fort Collins Concerning the City’s Lodging Tax.
The purpose of this item is to amend Code Chapter 25 to update definitions and align for consistency
the sales and use tax and lodging tax provisions related to the collection and enforcement of these
taxes. It also makes various amendments to the City Code provisions providing for the City’s tax and
utility rebate programs established in Code Chapters 25 and 26 (City Rebate Programs). The
philosophy of the Sales Tax department is to be business friendly in its operations and to ensure that
the processes in place are user-friendly and that taxpayers can remit taxes with ease. For the
April 18, 2017
City of Fort Collins Page 325
administration of the City Rebate Programs, the intention is to help as many qualified, low-income,
disabled and senior individuals in the community as possible. In order to deliver on both of these
objectives, the Sales Tax Department is recommending the following changes to City Code:
Update definitions to allow more flexibility in the administration of the City Rebate Program
resulting in the ability to help more income-qualified individuals
Adopt definitions recommended by the Colorado Municipal League
Align threshold amounts that set taxpayer filing frequency to align with the State of Colorado
Revise the collection and enforcement provisions in the Sales and Use Tax Code to conform to
the Sales Tax Department’s current practices and to add these collection and enforcement
provisions to the Lodging Tax Code for consistency.
Tiana Smith, Revenue and Project Manager, stated this item updates definitions, removes
barriers in qualifying income-qualified individuals for the City rebate program, and ensures
consistent language between the Sales Tax Code, Use Tax Code, and Lodging Tax Code.
Eric Sutherland stated the change in definition of a disabled person is inconsistent with what is
rational and prudent in this circumstance. The City Tax Code has always had a deficiency
associated with the authority the City was claiming to direct district court how to proceed with
execution for enforcing the Tax Code.
Councilmember Stephens asked about the disability definition. Smith clarified the definition
includes the requirement for a diagnosis certification by Foothills Gateway.
Councilmember Stephens asked if non-taxable income includes child support. John Duvall,
Deputy City Attorney, replied the Ordinance lists non-taxable income under federal law;
however, non-taxable income must also be identified.
Councilmember Cunniff asked what is achieved by the redefinition of a disabled person. Smith
replied the Ordinance would allow families with adult disabled children living with them to
qualify for rebates. The application allows for self-certification of a disability.
Councilmember Cunniff requested an update for Second Reading regarding the disability
certification.
Councilmember Overbeck asked why this issue was not taken to the Commission on Disability.
Smith stated that could be done prior to Second Reading.
Councilmember Summers supported the new disability definition.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 060, 2017, on First Reading.
Councilmembers Cunniff and Stephens stated they would support the motion but would like to
see clarifying language related to the disability definition on Second Reading.
RESULT: ORDINANCE NO. 060, 2017 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
April 18, 2017
City of Fort Collins Page 326
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 061, 2017, on First Reading.
RESULT: ORDINANCE NO. 061, 2017 ADOPTED ON FIRST READING [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 Overbeck, to adopt
Ordinance No. 062, 2017, on First Reading.
RESULT: ORDINANCE NO. 062, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
17. Second Reading of Ordinance No. 039, 2017, Appropriating Prior Year Reserves in the
Transportation Fund for Regional Contribution to Larimer County for North I-25
Improvements. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 28, 2017, appropriates
Transportation Reserve funds in the amount of $445,947, to be remitted to Larimer County as part of
an annual regional contribution of local matching funds for the Colorado Department of
Transportation’s (CDOT) North I-25 Improvements Project. With Resolution 2016-077, adopted on
October 4, 2016, Council authorized the Mayor to enter into an intergovernmental agreement (IGA)
with Larimer County and participating local agencies, including the City, to contribute local matching
funds for this purpose. This is the first of five annual installments of these payments to Larimer
County under the IGA. Local matching fund commitments accelerate the improvements to I-25 in
Northern Colorado.
Eric Sutherland stated neighboring communities are not spending enough money on I-25
improvements but are subsidizing retail development. This appropriation is unlawful.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 039, 2017, on Second Reading.
Mayor Pro Tem Horak stated the I-25 improvements are moving forward because of the coalition
of willing parties.
RESULT: ORDINANCE NO. 039, 2017 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
April 18, 2017
City of Fort Collins Page 327
18. Public Hearing and Second Reading of Ordinance No. 052, 2017, Amending Chapter 19 of the
Code of the City of Fort Collins to Adopt the Colorado Rules of Civil Procedure to Govern the
Procedures for Civil Actions Filed in Municipal Court and to Add City Code Section 1-24 to
Clarify that Civil Actions Arising Under the City's Ordinances are not Intended to Create by
Implication Claims for Monetary Damages for the Benefit of Third Parties. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 28, 2017, adopts for Municipal
Court the Colorado Rules of Civil Procedure to be used to govern the procedures for civil actions
filed in Municipal Court that do not arise from violations of the City Charter or Code.
Three recitals have been added to this Ordinance between First and Second Reading to reflect the
publication of the notice of public hearing required in Article II, Section 7 of the City Charter. Such
publication is required when a code of laws, like the Colorado Rules of Civil Procedure, is being
adopted by reference into the City Code. The published Notice of Public Hearing has also been
attached as Exhibit “A” to the Ordinance.
Sections 3 and 4 of the Ordinance have also been amended to clarify that the Municipal Court civil
actions to which the Colorado Rules of Civil Procedure will be applicable will not include any actions
for violations, offenses or infractions of City ordinances. The Ordinance already provides that these
new procedural rules are not applicable to actions for violations, offenses and infractions under the
City Charter and Code.
Mayor Troxell opened the public hearing for this item.
Eric Sutherland commented on Judge Lane’s comments regarding the First Reading of the
Ordinance and opposed the operation of the Municipal Court.
Mayor Troxell closed the public hearing.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 052, 2017, on Second Reading.
RESULT: ORDINANCE NO. 052, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
19. First Reading of Ordinance No. 053, 2017, Appropriating Prior Year Reserves in the
Transportation Fund for Consulting Services Related to Interstate 25 (I-25) Traffic Solution
Efforts. (Adopted)
The purpose of this item is to renew a one-year contract with a lobbying and communications firm
(Capitol Solutions) to advocate for solutions to Interstate 25 traffic congestion and to appropriate
$30,000 from the Transportation Fund reserves to pay for these services. City leaders are working in
partnership with regional partners to identify and pursue funding for the I-25 corridor in Northern
Colorado. Numerous regional efforts, initiatives, and actions have been taken or are underway to
urge the Colorado legislature and Colorado Department of Transportation (CDOT) to accelerate
improvements to Interstate 25 (I-25) and find long-term sustainable funding for the State’s
transportation infrastructure needs. This $30,000 appropriation for services will continue to augment
and enhance regional efforts and ensure Fort Collins has representation in discussions on I-25. This
item supports the adopted recommendations of the 2011 North I-25 Environmental Impact Statement
(EIS), and also supports Council priority for I-25 funding; Strategic Plan Objectives: Transportation
6.1, 6.4; and Council legislative priority re: I-25 funding.
Eric Sutherland stated interstate congestion will not be solved with more pavement. He opposed
subsidizing retail development.
April 18, 2017
City of Fort Collins Page 328
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 053, 2017, on First Reading.
Mayor Pro Tem Horak stated this project has a managed lane which gives people a predictable
trip and completes bridge and trail work.
Mayor Troxell discussed communications among neighboring communities.
RESULT: ORDINANCE NO. 053, 2017, 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 Martinez requested information regarding a sidewalk passageway for disabled
residents near a development on Harmony Road. Laurie Kadrich, Planning, Development and
Transportation Director, replied adequate pedestrian facilities are required during construction;
and will review the specifics for this project..
Mayor Pro Tem Horak stated interviews for the Boxelder appointment have occurred and a
Resolution can be brought forward for the appointment.
Councilmember Martinez reported the DDA 2016 year-in-review report is now available.
Consideration of a motion to postpone First Reading of Ordinance No. 049, 2017, Amending
Chapter 7.5 and 8 of the Code of the City of Fort Collins for Phased Increases of the Capital
Expansion Fees to May 16, 2017
This item was considered on First Reading on March 21, 2017, when Council decided to postpone further
discussion until May 2. Staff has requested consideration of this item be postponed to May 16.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to postpone
consideration of the item to May 16.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
April 18, 2017
City of Fort Collins Page 329
ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
PM on Tuesday, April 25, 2017, to consider such matters as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
The meeting adjourned at 9:21 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 1
April 25, 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, Cunniff, Horak
ABSENT: Troxell
Staff present: Atteberry, Daggett, Knoll
1. Resolution 2017-038 Authorizing and Directing the City Manager to Appoint an Unaffiliated
Member to the Boxelder Basin Regional Stormwater Authority Board of Directors by Mutual
Agreement with Larimer County. (Adopted)
The purpose of this item is to authorize the City Manager to work with representatives of Larimer
County and to appoint a Director to the Boxelder Basin Regional Stormwater Authority Board of
Directors to fill the seat jointly appointed by the City of Fort Collins and Larimer County.
Councilmember Martinez made a motion, seconded by Councilmember Summers, to adopt Resolution
2017-0038.
RESULT: RESOLUTION 2017-038 ADOPTED [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Ken Summers, District 3
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
ADJOURNMENT
The meeting adjourned at 6:02 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk