HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2018 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE OAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY November 6, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the October 2 and October 16, 2018 Regular Council Meetings
and the October 9, 2018 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the October 2 and October 16, 2018 Regular Council
meetings and the October 9, 2018 Adjourned Council meeting.
ATTACHMENTS
1. October 2, 2018 (PDF)
2. October 9, 2018 (PDF)
3. October 16, 2018 (PDF)
City of Fort Collins Page 373
October 2, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
(Councilmember Horak arrived at 6:40 p.m.)
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• PUBLIC COMMENT
Mary Kopco, Fort Collins Symphony Executive Director, announced the upcoming Symphony
season and thanked the City for its support.
Wes Kenny, Fort Collins Symphony Music Director, discussed the upcoming Symphony season.
Peter Summer played a saxophone piece from the upcoming Symphony concert.
Chris Renn, Fraternal Order of Police, discussed the process that led to the Police Services contract
and thanked Council for its commitment to making the contract fair.
Fred Kirsch, Community for Sustainable Energy, expressed concern about responses received
from Council, or lack thereof.
Elizabeth Hudetz supported Proposition 112 and stated school funding is not dependent on oil and
gas development.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Martinez stated he did not recall receiving any communication as referenced by
Mr. Kirsch and would like follow-up. He thanked Mr. Renn for his comments and commended
staff for work on reaching the collective bargaining agreement.
Councilmember Stephens thanked the Symphony representatives and commended Mr. Renn on
his leadership.
Councilmember Overbeck commended the joint efforts on reaching the collective bargaining
agreement with the Fraternal Order of Police.
October 2, 2018
City of Fort Collins Page 374
• CONSENT CALENDAR
Mayor Troxell noted Item Nos. 7, Items Relating to Hughes Stadium Annexation, and 8, First
Reading of Ordinance No. 124, 2018, Amending the Zoning Map of the City of Fort Collins and
Classifying for Zoning Purposes the Property Included in the Hughes Stadium Annexation to the
City of Fort Collins, Colorado, are public hearings.
Councilmember Stephens made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items on the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [6 TO 0]
MOVER: Kristin Stephens, District 4
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff
AWAY: Horak
1. Consideration and Approval of the Minutes of the September 4, 2018 Regular Council Meeting.
(Adopted)
The purpose of this item is to approve the minutes from the September 4, 2018 Regular Council
meeting.
2. Second Reading of Ordinance No. 118, 2018, Appropriating Unanticipated Revenue in the
Transportation Fund Work for Others Program for the Fossil Creek Meadows Asphalt Paving
Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 18, 2018, appropriates funds
from the Fossil Creek Meadows Homeowner’s Association (the “HOA”) into the “Work for Others”
program so that City Streets crews can perform asphalt paving services for Fossil Creek Meadow
streets that were annexed into the City in 2010.
3. Second Reading of Ordinance No. 119, 2018, Designating the Trimble/Taylor/Dixon Property,
817 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2018-034.
This Ordinance, unanimously adopted on First Reading on September 18, 2018, designates the
Trimble/Taylor/Dixon Property, 817 West Mountain Avenue, as a Fort Collins Landmark. This is a
voluntary designation at the property owner’s request.
4. Second Reading of Ordinance No. 120, 2018, Designating the Evans/Reidhead Property, 707
West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2018-034.
This Ordinance, unanimously adopted on First Reading on September 18, 2018, designates the
Evans/Reidhead Property, 707 West Mountain Avenue, as a Fort Collins Landmark. This is a voluntary
designation at the property owner’s request.
October 2, 2018
City of Fort Collins Page 375
5. First Reading of Ordinance No. 121, 2018, Appropriating Unanticipated Revenue and Prior Year
Reserves in Various City Funds. (Adopted)
The purpose of this item is to combine dedicated and unanticipated revenues or reserves that need to
be appropriated before the end of the year to cover the related expenses that were not anticipated
and, therefore, not included in the 2018 annual budget appropriation. The unanticipated revenue is
primarily from fees, charges, rents, contributions and grants that have been paid to City departments
to offset specific expenses.
6. First Reading of Ordinance No. 122, 2018 Amending Sections 17-141 and 17-161 of the Code of
the City of Fort Collins Regarding Alcohol. (Adopted)
The purpose of this item is to ensure correct terms are defined for provisions of the Code of the City
of Fort Collins regarding carrying or drinking alcohol or fermented malt beverages in certain places,
and for offenses involving substance abuse.
7. Items Relating to Hughes Stadium Annexation. (Adopted)
A. Resolution 2018-090 of the Council of the City of Fort Collins Setting Forth Findings of Fact and
Determinations Regarding the Hughes Stadium Annexation.
B. First Reading of Ordinance No. 123, 2018, of the Council of the City of Fort Collins Annexing the
Property Known as the Hughes Stadium Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex and zone 164.55 acres of land generally located at the northwest
corner of Dixon Canyon Road and Overland Trail. The annexation area is owned by Colorado State
University and is the former location of Hughes Stadium and Rodeo Arena. The Initiating Resolution
was adopted on August 21, 2018. A related item to zone the annexed property is presented as the
next item on this Agenda.
8. First Reading of Ordinance No. 124, 2018, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Hughes Stadium Annexation
to the City of Fort Collins, Colorado (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2015-091.
The purpose of this item is to amend the zoning map and zone the property included in the Hughes
Stadium Annexation into the Transition (T) zone district.
9. Resolution 2018-095 of the Council of the City of Fort Collins Approving a Collective Bargaining
Agreement with Northern Colorado Lodge #3 of the Fraternal Order of Police. (Adopted)
The purpose of this item is to approve a bargaining agreement between the City and the Northern
Colorado Lodge #3, Colorado Fraternal Order of Police (FOP) and authorize execution of such
agreement. The City and the FOP, using an Interest Based Bargaining (IBB) approach, engaged in
negotiations regarding the terms and conditions of a possible bargaining agreement for 2019, 2020,
and 2021. City staff and the FOP have tentatively reached an agreement. On September 21, Fraternal
Order of Police members voted to ratify the proposed contract with 89% of the members voting, and
of those, 98% voted in support.
• COUNCILMEMBER REPORTS
Mayor Troxell stated City Manager Atteberry has received the International City Managers'
Association career excellence award and thanked him for his service to the community.
October 2, 2018
City of Fort Collins Page 376
Councilmember Martinez reported on the grand opening of the Compass Community
Collaborative School.
• DISCUSSION ITEMS
10. Public Hearing on the 2019-2020 Recommended Biennial Budget for the City of Fort Collins.
(Hearing was Held)
This is the second official public hearing on the City Manager’s 2019-2020 Recommended Biennial
Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the
2019-2020 Budget. Public input will also be taken during the budget adoption meetings on Tuesday,
November 6 and Tuesday, November 20, 2018 at 6:00 p.m. in the Council Chambers.
The City Manager’s 2019-2020 Recommended Budget can be reviewed at the Old Town Library, the
Harmony Library, Council Tree Library, or the City Clerk’s Office. The recommended budget can also
be viewed online at www.fcgov.com/budget.
City Manager Atteberry discussed the community engagement process on the budget and
commended the staff team and budget teams on their work.
Bruce Henderson, Bike Fort Collins, supported the equity and inclusion budget offer that would
provide a framework for management of equity in the city. He also supported the offer to complete
the Power Line trail and provide a grade-separated crossing at Harmony.
Heather Vesgaard, Partners Mentoring Youth, supported additional investment in social health.
Mark Brewer, Bike Fort Collins, supported the budget offer for the grade-separated trail crossing
at Harmony.
Jerri Schmitz, Mathews House, requested full funding for budget offer 42.3.
Jessica Linder thanked the Mathews House for their assistance to make her family self-supporting
and supported full funding of budget offer 42.3.
Cari Brown, ARC of Larimer County, requested full funding for bus stop improvements or other
offers that would increase accessibility for people with disabilities using public transportation.
Lisa Poppaw, Crossroads Safehouse Executive Director, requested full funding for budget offer
42.3 to help non-profits address human services needs in Fort Collins.
Shanna Ryken, Women's Commission, requested full funding for the human service program grant
funding enhancement, offer 42.3.
Gordon Coombes, Team Wellness and Prevention, supported full funding for the human service
program grant funding enhancement, offer 42.3.
Mark Rogers supported full funding for human service programs and stated the city's most
vulnerable citizens deserve to be the priority.
Kyle Schrader expressed support for youth development and social health.
October 2, 2018
City of Fort Collins Page 377
Kaycee Headrick, Boys and Girls Club Executive Director, supported full funding for budget offer
42.3.
Matthew Ryken and his daughter requested funding for the Hampshire low-stress bikeway.
Steve Raimer, Fort Collins Mennonite Fellowship Pastor, supported funding for vulnerable
citizens, including Murphy Center extended hours.
Carol Cochran supported funding for the Visit Fort Collins tourism master plan.
Ryann Vernetson, Specialized Alternatives for Families and Youth, supported full funding of offer
42.3.
Emily Gorgol expressed concern about the lack of funds donated to livability and social health.
Mike Shaw, Fort Collins Cycling Club, supported funding the completion of the Power Trail and
Harmony crossing.
Joe Somodi supported funding of social health programs.
Eric Sutherland stated Larimer County's budget is growing and the County has the resources to
engage in funding many of the programs discussed this evening. He noted the County does not
have public budget hearings. The City has no methodology of entertaining legislative proposals
that would shift money from one place to another in the budget.
Liz Donovan, La Familia, encouraged Council to closely examine the budget and compare it to
the community's priorities to ensure its potential is maximized for all residents.
Jerry Horvath supported full funding of offer 42.3.
Gary Ozzello supported the Visit Fort Collins budget offer for a tourism master plan.
Nicholas Hoogendyk supported full funding of offer 42.3 and 43.5.
Kevin Cross, Fort Collins Sustainability Group, supported the budget's inclusion of Climate Action
Plan goals but supported the additional electric rate increase to fund several other offers that will
help reach the 2020 goals.
Katherine Brooks, BASE Camp, supported full funding of offer 42.3.
Gerry Vermont supported funding extended Murphy Center hours and encouraged Council to look
carefully at social service funding.
Shirley Kanan, Fort Collins Community Action Network, supported funding extended Murphy
Center hours.
Cheryl Distaso, Fort Collins Community Action Network, congratulated the City on the success
of 365-day Transfort service and supported funding of offers 45.6 and 45.8. She also supported
funding for Dial-a-Taxi and bus stop improvements.
Fred Kirsch suggested reorganizing the budget in a more sensible manner.
October 2, 2018
City of Fort Collins Page 378
Mayor Troxell thanked the speakers and summarized the comments.
Councilmember Stephens thanked the speakers and non-profit representatives. She stated the
budget should reflect the community's values.
Councilmember Cunniff thanked the speakers and requested a detailed examination of General
Fund offers. City Manager Atteberry replied he would provide that information.
Councilmember Cunniff requested information about the level of engagement with the County
regarding budgets and social outcomes.
Mayor Pro Tem Horak suggested having a meeting with the County Commissioners after the
November election. He noted the County has the responsibility for social services.
Councilmember Summers suggested revisiting budget offer 42.3.
Councilmember Overbeck thanked the speakers and noted the importance of social health.
Mayor Troxell noted 365-day bus service is a funded item.
Councilmember Martinez thanked the speakers and noted the budget is complex. He expressed
personal support for social health budget priorities.
Mayor Troxell commended staff work on the budget.
Mayor Pro Tem Horak discussed possible additional funding options.
11. Resolution 2018-093 Directing the City Manager to Submit to the U.S. Army Corps of Engineers
the City's Comments on the Final Environmental Impact Statement for the Northern Integrated
Supply Project. (Adopted)
The purpose of this item is to review, and to consider endorsing by resolution, draft comments directed
to the United States Army Corps of Engineers (Corps) regarding the Final Environmental Impact
Statement (FEIS) for the Northern Integrated Supply Project (NISP or Project). Pursuant to previous
City Council direction, the draft comments take a pragmatic approach of focusing on NISP proposed
alternative (which includes Glade Reservoir west of Fort Collins), direct impacts to the City, and ways
to improve mitigation of the Project’s impacts.
Carol Webb, Water Resources Treatment Operations Manager, noted the City does not have
permitting or approval authority over the project.
Jennifer Shanahan, Watershed Planner, stated NISP is a water storage and delivery project aiming
to serve 15 participating entities. The project would include two reservoirs, Glade near the mouth
of the Poudre River, and Galeton, near Ault.
Shanahan detailed the system NISP will be affecting, noting the Poudre River has been altered by
human impacts over the last 150 years. The River's resilience is best maximized in average water
years and stated staff is concerned NISP may cause a natural downsizing of the River channel.
Staff believes the City has had a positive impact on the project citing two flow-based mitigation
components.
October 2, 2018
City of Fort Collins Page 379
Shanahan stated the physical template of the River will be affected by NISP in a very direct way
and discussed the City's recommendations based on the final environmental impact statement. The
highest priority recommendations include a peak flow bypass in all years, particularly those
following drought years, a better understanding of the impacts to the descending limb of the
hydrograph and mitigation of that, extensive restoration of the river to reconnect it with its
floodplain to offset flood risk, more detail on adaptive management and water quality, and
additional clarity on the operations and hydrologic outcome of the project.
Shanahan discussed various Boards’ input on the project and noted major themes from their
comments included climate change, specificity on adaptive management and potential costs the
City could incur, and concern about concessions and conditions related to the mitigation plan.
Elizabeth Hudetz asked who is behind the Army Corps study and suggested the City could require
future development to xeriscape. She questioned why oil and gas companies can buy water for
fracking at a much cheaper rate than citizens.
Mayor Troxell stated Northern Water is the applicant for the project.
Councilmember Cunniff stated the impacts of NISP on the Poudre River are extreme and discussed
the unique habitat provided in the land proposed to be flooded by Glade Reservoir. He asked if
any progress on habitat mitigation has been made. Shanahan replied the City did include that topic
in its scope during last summer's state mitigation planning process and made a recommendation
that additional conservation occur between Glade and Seaman Reservoirs. That mitigation is
included in the Parks and Wildlife mitigation plan.
Councilmember Stephens requested clarification regarding Ms. Hudetz' questions. Webb replied
Northern Water is the applicant on behalf of the 15 entities mentioned and the Army Corps is the
permitting agency that would issue the 404 permit for the project. The consultants that work on
the project work for the Corps.
Councilmember Overbeck asked about the massive fish kill in the Poudre River last month. Webb
replied Colorado Parks and Wildlife has been investigating the issue and Fort Collins Water Utility
has provided data to assist in the investigation.
Councilmember Overbeck asked about next steps in the process. Shanahan replied the Corps will
take the comments and make a record of decision. The project also has to acquire a 401
certification, which is a water quality certification that will also include a public process.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution
2018-093.
Councilmember Cunniff supported sending the comments regarding the FEIS to the Corps and
encouraged citizens to comment as well. He suggested wording changes that would incorporate
the intent of some of the other mitigations not addressed by the FEIS. Mayor Pro Tem Horak and
Councilmember Stephens accepted the wording changes as a friendly amendment.
Mayor Pro Tem Horak commended staff work on producing the comments and noted mitigation
will help to make the consequences of the project less impactful. He noted Northern Water
provides water to some residents of Fort Collins.
October 2, 2018
City of Fort Collins Page 380
Councilmember Stephens thanked staff for their work and stated it is important to forward the
comments in the interest of protecting the Poudre River.
Mayor Troxell thanked staff for their work and expressed support for the Resolution.
Councilmember Overbeck stated he would have liked the peak flows to be higher but stated he
would support the Resolution.
Councilmember Martinez commended staff work.
Councilmember Cunniff commented on protecting the river.
RESULT: RESOLUTION 2018-093 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
12. Resolution 2018-094 of the Council of the City of Fort Collins Establishing a Communitywide
100% Renewable Electricity Goal. (Adopted as Amended)
The purpose of this item is to consider establishing a communitywide goal to achieve a 100%
renewable electricity supply from Platte River Power Authority (“Platte River”) and supported by the
Fort Collins Utilities (“Fort Collins”) distribution system by 2030. At its July 3, 2018 meeting, Council
directed staff to bring forward this Resolution after engaging the community in the dialogue about
assumptions that must be met in order to achieve the goal. Notably, this Resolution was developed in
collaboration with Platte River and stresses the importance of continuing to balance the three
operational principles of financial sustainability, reliability and environmental stewardship for Fort
Collins, Platte River, and the community while moving toward a cleaner electricity resource mix.
Deputy City Manager Mihelich stated Council gave staff direction to prepare a 100% renewable
electricity resolution for its consideration. He discussed the intensive public input and noted Platte
River Power Authority was involved in the development of the resolution.
Tim McCollough, Light and Power Director, discussed the importance of reliability and
affordability and noted those are areas in which both the City and Platte River are not willing to
compromise.
Lindsay Ex, Interim Director, Environmental Services, stated there was universal support for
resource diversification and bringing more clean energy sources into the grid. Questions were
raised as to whether a goal or plan should come first, however. Stakeholders also wanted to know
about the cost of implementation, how reliability will be implemented, and about the feasibility of
the goal.
Ex stated there would be planned annual check-ins if the goal is to be adopted and noted the
proposed updates to the Climate Action Plan and energy policy would be aligned with these efforts.
Nick Francis, Fort Collins Sustainability Group Steering Committee, discussed the Fort Collins
Partners for Clean Energy Coalition and stated the resolution was presented to Council with over
2,500 signatures of support in May.
October 2, 2018
City of Fort Collins Page 381
Ann Hutchison, Fort Collins Chamber of Commerce Executive Vice President, stated she
appreciates the leadership and vision that inspired the resolution, but encouraged Council to not
take action on it as there is not enough data available to make the decision.
Nick Mitchell, Energy Board Chair, admitted the Board has concerns about viability and
affordability; however, he commended the plan and stated it is unanimously supported by the
Energy Board.
Adam Eggleston stated he does not believe the technology exists to meet the arbitrary 2030 goal
and expressed concern it will be cost prohibitive for residents.
Nick Thomas supported the resolution.
Tom Hoehn, Transition Fort Collins, supported the resolution and stated it was constructed in a
thoughtful way and has been thoroughly reviewed.
Jesse Wallsh supported the resolution.
John Shenot supported the resolution and stated the threat of climate change is real and imminent.
He encouraged Council to consider the resolution in every budget decision it makes.
Gordon MacAlpine supported the resolution.
Kevin Henry, Fort Collins Sustainability Group, supported the resolution and requested Council
consider one revision relating to the definition of renewable electricity as being non-fossil fuel
sources including electricity derived from wind, solar, hydroelectricity from existing dam
impoundments, biogas, geothermal sources, and other means that may become available that do
not add greenhouse gases.
Kim Miller supported the resolution as being the best way to mitigate climate change for future
generations.
Tom Rhodes supported the resolution with the revision mentioned by Mr. Henry.
Fred Kirsch supported the resolution.
Pete Everly, Northern Colorado Renewable Energy Society, commended staff work and supported
the resolution.
John Drigot requested Council delay a decision until after holding a work session, but if the goal
is adopted, he requested it be reasonable and measurable.
Maggie (no last name given) supported the resolution.
Tim Gosar, 350 Northern Colorado, supported the resolution.
Rich Stave questioned the integration plan and reliability.
Emily Gideon, Colorado Sierra Club, supported the resolution.
Will Walters supported the resolution and noted there are many small businesses who are not
October 2, 2018
City of Fort Collins Page 382
represented by the Chamber's comments.
Liz Kekovy stated climate change is the biggest threat to the next generation and supported the
resolution. She noted there are large financial costs to climate change.
David May, Fort Collins Chamber of Commerce President and CEO, stated the Chamber supports
expanding renewables, it does not support the resolution as written and stated it is not ready for
action.
Councilmember Summers requested staff input as to the origin of the 2030 timeframe. Deputy
City Manager Mihelich replied that was the year suggested by community members as being a
good target. While staff feels that goal is possible, it has included some very specific check-ins
between now and then to ensure the goal is potentially attainable.
Councilmember Summers requested staff input as to the triple bottom line analysis. Ex replied the
analysis showed neutral responses from the social perspective but staff feels there are strong
potential impacts for innovation, work force development, and climate economy aspects, which is
why the economic perspective was shown as being positive.
Councilmember Summers asked why portion of Fort Collins' purchase portfolio from PRPA is
renewable. McCollough replied 15% was from wind and solar resources in 2017.
Councilmember Summers asked if there would be harm in waiting until 2020 to pass this
resolution. Deputy City Manager Mihelich replied that is the policy decision before Council in
this decision. He stated there is plenty of recommendation in the Climate Action Plan to support
the use of more renewables.
Councilmember Martinez noted other communities have different time goals. He questioned how
attainable and measurable the 2030 goal is for Fort Collins. Deputy City Manager Mihelich replied
there are annual goals built in to the resolution.
Councilmember Martinez asked if a work session has occurred on this topic. Deputy City Manager
Mihelich replied in the negative.
Councilmember Martinez asked about the cost of meeting the goal. Deputy City Manager
Mihelich replied that exact detail is unknown and noted added costs may be offset by savings and
efficiencies over time.
Councilmember Martinez noted the expense to individual homeowners to switch systems may be
high.
Mayor Troxell requested staff explain the Fort Zed project. McCollough replied that project was
a demonstration of a distributed microgrid. It relates to this resolution because a renewable energy
future requires a much larger integration to monitor, manage, and control distributed resources.
Mayor Troxell asked if the relationship with PRPA and other partner cities is more important than
ever to achieve a goal such as this. McCollough replied in the affirmative.
Mayor Troxell stated he is comfortable with the overall framework of the resolution.
October 2, 2018
City of Fort Collins Page 383
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution
2018-094.
Councilmember Cunniff stated this is an achievable goal and noted this directs staff to work with
PRPA to create the plan to get there. He noted this addresses renewable electricity only, not natural
gas or gasoline. He stated the 2030 goal is attainable and expressed support for the resolution.
Councilmember Martinez asked if the term "gradual changing rates" references consumers.
Deputy City Manager Mihelich replied in the affirmative but noted staff does not expect rate spikes
but rather smoothed out rate increases over time.
Councilmember Martinez requested the language be changed from "financial stability" to
"affordability." Mayor Pro Tem Horak and Councilmember Cunniff accepted the language
change.
Councilmember Martinez requested the language be changed from a "high-level" analysis to a
"significant" analysis. Mayor Pro Tem Horak and Councilmember Cunniff accepted the language
change.
Deputy City Manager Mihelich detailed the annual check-ins as opportunities to look at the
resolution, the tenets described in the resolution, whether goals are being met to get to the 2030
goal, and whether the commitments to reliability and affordability remain. Council would have
the opportunity to make adjustments at each of those reviews.
Councilmember Martinez requested the inclusion of the word "community" in addition to the City.
Mayor Pro Tem Horak and Councilmember Cunniff accepted the language change.
Councilmember Martinez requested an additional language change to include the word
"analytical" examination. Mayor Pro Tem Horak and Councilmember Cunniff accepted the
language change.
Councilmember Martinez questioned why this item was not discussed at a work session. Mayor
Pro Tem Horak replied the Climate Action Plan has been discussed at many work sessions and
noted major decisions will likely require future work sessions.
Councilmember Martinez asked if Council would support postponing the item to allow for a work
session. Councilmember Cunniff replied he would not be supportive of that. Councilmember
Stephens replied she would have seen the value in a work session, particularly given concerns;
however, this meeting has served that capacity to some extent.
Mayor Troxell stated a broader discussion regarding the role of a distribution utility and systems
perspective should occur.
Councilmember Stephens urged staff to use understandable language for those with differing
levels of scientific understanding.
Councilmember Martinez urged moving forward cautiously.
Councilmember Overbeck commended the process and complemented the work of the community
groups.
October 2, 2018
City of Fort Collins Page 384
Mayor Troxell discussed the 1969 Council action to underground the City's electric system noting
that was a risk at the time. He stated this goal will be addressed with a passionate community.
Councilmember Martinez stated he will cautiously support the motion and encouraged staff to
address business concerns over time.
City Attorney Daggett clarified the wording changes which were accepted by Mayor Pro Tem
Horak and Councilmember Cunniff.
Mayor Troxell expressed appreciation for the demeanor of the conversation.
RESULT: RESOLUTION 2018-094 ADOPTED AS AMENDED [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
NAYS: Summers
• OTHER BUSINESS
Councilmember Martinez requested but did not receive Council support to reconsider the tiered
and time-of-use electric rates.
Mayor Pro Tem Horak stated he would be open to reconsidering after data is collected and the
budget is complete.
Motion to Adjourn to 6:00 p.m., Tuesday, October 9, 2018.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn to 6:00
PM Tuesday, October 9, 2018, to consider the appeal of the Planning and Zoning Board approval
of the External Storage Lockers Minor Amendment MA180033 and for such other business as
may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
October 2, 2018
City of Fort Collins Page 385
• ADJOURNMENT
The meeting adjourned at 10:11 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 386
October 9, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
ABSENT: Cunniff
Staff present: Atteberry, Daggett, Coldiron
1. Consideration of an Appeal of the Planning and Zoning Board Decision Regarding the External
Storage Lockers Minor Amendment. (Planning and Zoning Board Decision Upheld, with
conditions)
The purpose of this item is to consider an appeal of the Planning and Zoning Board (the “Board”)
decision on July 19, 2018, approving the External Storage Lockers Minor Amendment. The project is
located at the Mennonite Church, 300 East Oak Street. The appeal was filed on August 2, 2018.
The appeal alleges the following:
• The Board failed to properly interpret and apply Land Use Code (“Code”) Section 1.2.2
• The Board failed to properly interpret and apply Code Section 1.5.1
• The Board failed to properly interpret and apply Code Section 2.2.6
• The Board failed to properly interpret and apply Code Section 2.2.9
Mayor Troxell outlined the order of the hearing and discussed the applicable parties-in-interest.
Steve Ackerman added his name to the list of appellants.
Brian Connolly, Attorney representing the applicant, stated there were several individuals on the
appeal statement who do not meet the qualifications to be a party-in-interest. He also stated there
were some matters raised in the notice of appeal that were not raised before the Planning and
Zoning Board and would therefore constitute new evidence. Mr. Connolly noted these concerns
are part of a motion to dismiss.
Brett Olsen, Attorney representing a group of the appellants, stated he only recently received a
copy of the motion to dismiss and stated he is prepared to address its merits, but lodged a threshold
objection.
Laurie Kadrich, Planning, Development, and Transportation Director, stated the Mennonite
Fellowship is located in the Neighborhood Conservation Buffer zone district. She discussed the
accessory use minor amendment for the lockers which was approved by the Planning and Zoning
Board with the condition a security camera with a seven-day retention policy be installed. Kadrich
stated the appeal of the decision alleges the Planning and Zoning Board failed to interpret and
apply four Land Use Code sections.
Mayor Troxell stated he and Councilmember Overbeck attended a site visit. Councilmember
Overbeck stated he observed the property and parking lot area and asked a question about
construction of the lockers. Mayor Troxell stated he observed the lockers and asked if there was
access to restroom facilities as a part of the project and asked if existing outbuildings were part of
October 9, 2018
City of Fort Collins Page 387
the locker assemblage. He was informed the outbuildings are used for storage but was not provided
an answer to the restroom question.
Mr. Olsen stated there is one Code section referenced in the appeal that was not identified or
discussed in the staff report. Mr. Connolly and Council did not object to the inclusion of the
discussion of that Code section.
City Attorney Daggett suggested it would be helpful to have parties interject when they feel new
evidence is being introduced to allow Council to discuss each objection at the time.
APPELLANT PRESENTATION
Mr. Olsen discussed the appellants he represents and stated they are residents, business owners,
and property owners in the Library Park neighborhood. The appellants are aware of the struggles
of homelessness and do not oppose the church's efforts to serve the homeless community; however,
they have concerns about the 24/7 use of the lockers with minimal supervision.
Mr. Olsen outlined the appeal assertions and stated the determination by the Planning and Zoning
Board that the proposed external storage lockers are an accessory use to the church is
fundamentally incorrect. He stated the lockers are not an accessory use per the Land Use Code
definition.
Mr. Connolly objected stating the question of accessory use was not considered by the Planning
and Zoning Board.
Mr. Olsen stated the determination of accessory use led to the minor amendment process and is
therefore intertwined with the Board's determination and the appeal.
City Attorney Daggett stated the referenced Land Use Code section is part of the appeal notice and
the Code does not limit the appellant to issues that were actually raised before the Board, although
it does limit the introduction of new evidence.
Mayor Troxell stated he would allow Mr. Olsen to proceed as no new evidence has been
introduced.
Mr. Connolly objected to Mr. Olsen's statement that no other church allows this use as being new
evidence.
Mayor Troxell stated the statement would not be allowed.
Mr. Olsen stated there was consideration of the lockers as an accessory use by comparing it to a
public bike rack or private storage shed, which are different from the locker use. He also noted
the staff report stated it had found few comparable examples. The minor amendment process
should not have applied; therefore, the Board failed to apply Code Section 2.2.10 in determining
the locker are an accessory use subject to the minor amendment process. It is the appellants'
position that even if the lockers are subject to the minor amendment process, the Board's decision
approving the application must be reversed because the Board failed to properly interpret and apply
other sections of the Code, specifically Sections 1.2.2 and 2.2.9.
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City of Fort Collins Page 388
Mr. Olsen stated the Board erred because it disregarded uncontroverted evidence and did not make
a rational connection between its decision and the evidence presented, including written comments
and testimony to the Board by residents and business owners regarding an increase in illegal
activity in the neighborhood and health and safety concerns.
Mr. Olsen stated staff's research found successful programs have on-site staff to manage and
monitor locker use. He noted the neighborhood is predominantly residential and the staff report
indicated no other business in the area operates 24 hours a day. He stated the Planning and Zoning
Board failed to properly consider and apply evidence under Section 1.2.2, and in turn, violated
Section 2.2.9 related to conditions of approval by ignoring evidence. He requested Council reverse
the decision of the Planning and Zoning Board approving the minor amendment application.
APPLICANT PRESENTATION
Mr. Connolly requested Council uphold the Planning and Zoning Board decision approving the
minor amendment. He noted Council is limited to considering whether the Board erred in its
determination.
Pastor Steve Ramer, Fort Collins Mennonite Fellowship, discussed the communitywide
contributions of the church and discussed the Mennonite history and beliefs. He detailed the
history of the locker project and noted there is no room for the lockers inside the building. He
discussed the need for 24-hour access and stated 24-hour supervision would be prohibitively
expensive. Crime in the neighborhood has decreased as items in the lockers have not been stolen.
Mr. Olsen objected to this information as being new evidence.
Mayor Troxell instructed Pastor Ramer to address items in the appeal.
Pastor Ramer discussed the locker construction and requested the appeal be dismissed.
Mr. Connolly stated Land Use Code Section 1.2.2 is not applicable to a minor amendment, the
locker project enhances community safety, and does not change the character of the neighborhood.
Section 2.2.9 of the Land Use Code, which authorizes the Planning and Zoning Board to impose
conditions upon the approval of a land use application, was not violated by the Board. He
discussed other 24-hour operations in the area, including the church itself, the library book drop,
and public restroom. This project is a continuation of the church's outreach to homeless
community members and discussed the Religious Land Uses and Institutionalized Persons Act.
He stated scrutiny of the locker project raises several concerns under the Act and the lockers are
actually part of the primary use of the property.
Pastor Ramer noted the church does not operate 24-hours as an ongoing operation; it participates
with Faith Family Hospitality to provide overnight shelter for four families for a week at a time
about five time per year.
APPELLANT REBUTTAL
Mr. Olsen stated it is clear Section 1.2.2 does apply to this application and agreed Section 2.2.9
affords discretion to the Board to impose conditions of approval on an application; however, he
stated that discretion was abused in this case based on uncontroverted evidence in the record. The
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City of Fort Collins Page 389
question of whether this is an accessory use is not coextensive with whether the proposed use is
part of the church's ministry to the homeless.
APPLICANT REBUTTAL
Mr. Connolly stated any concerns raised about public safety issues related to the lockers are
unsubstantiated given issues existed in the neighborhood prior to the lockers being installed. He
also stated no other commercial or institutional use has restrictions on 24/7 public access.
COUNCIL DELIBERATION
Councilmember Martinez asked if Police Services could attest to the assertion crime has reduced
since the lockers were installed. Kevin Cronin, Assistant Police Chief, replied a cursory search
indicated an increase in calls at the church; however, that is only based on a 30-day period.
Councilmember Martinez asked if the locker use is clearly incidental and subordinate to the
principal use of the land or building, as is part of the definition of an accessory use. Clay Frickey,
City Planner, replied staff's position is that the lockers do fall within the definition of an accessory
use.
Councilmember Stephens asked how many lockers were depicted in the photo and if others are
coming. Mr. Connolly replied one bank of lockers has been installed on the west side of the
building and there will be another bank on the east side. He also stated safety has been increased
for the individuals storing items in the lockers and noted the police calls to the property are not
indicative of tickets issued or arrests made.
Mayor Troxell asked if any other activities, such as camping on the site, have been associated with
the locker use. Pastor Ramer replied camping is not allowed. Regarding restroom access, he stated
people would have access to the building on Friday evening and Sunday morning.
Mayor Troxell asked if any camping citations have been issued for the property. Officer Cronin
replied there have been several citations, two including drug use. Bodily waste disturbances have
also been frequent. He stated an increase in crime has occurred since the lockers were installed.
Mayor Troxell asked if there would be any way to prohibit camping on the site. Pastor Ramer
replied there are various groups using the building throughout the day and most evenings and
camping is discouraged as much as possible. He stated signage is posted to indicate camping is
not allowed.
Councilmember Martinez asked if it would be difficult for the church to provide supervision for
the lockers. Mr. Connolly replied it would be financially prohibitive for the church to have a staff
person on premises 24 hours a day. He noted monitoring occurs as part of the programming seven
days a week and the lockers are checked twice per day.
Councilmember Martinez asked what types of police calls were received during the 30-day period
referenced by Officer Cronin. Officer Cronin replied arrests have been made, camping tickets and
warnings have been issued, and the church has had to make at least one call regarding an individual
banging on church doors.
October 9, 2018
City of Fort Collins Page 390
Councilmember Overbeck asked if the lockers are weatherproof. Pastor Ramer replied the lockers
are not weatherproof, but a roof has been installed to shelter them from severe weather.
Participants are encouraged to store items in plastic.
Mayor Troxell asked about the monitoring of locker contents. Pastor Ramer replied there is not a
practice of checking locker contents; however, that would be done if it were necessary.
Mayor Troxell asked who provides the locks. Pastor Ramer replied the church provides the locks.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, that Council find
the Planning and Zoning Board properly interpreted and applied the relevant Land Use Code
standards in approving, with one condition, the External Storage Lockers Minor Amendment
MA180033 pertaining to the Mennonite church at 300 East Oak Street. He further moved that
Council uphold and modify the decision by adding or modifying the following conditions: church
staff must be present during hours of operation, locker operations must be limited to the hours
between 8AM and 8 PM, and access to lockers must be restricted outside normal hours of
operation. He further moved that, except as stated, based on the evidence in the record and
presented at this hearing, the appeal is hereby found to be without merit and is denied.
Mayor Pro Tem Horak stated these conditions are quite reasonable and would be imposed in any
location. He noted staff research has found these types of programs are difficult to do well.
Councilmember Summers stated it is important to allow individuals who need access to their
belongings outside normal hours to do so. Mayor Pro Tem Horak replied he would accept a change
in hours; however, he would like that coupled with supervision. He stated he would be open to
changing the hours to begin at 6AM with supervision. Councilmember Overbeck accepted that
change.
Councilmember Stephens questioned the definition of supervision. Mayor Pro Tem Horak replied
that would entail an individual being on premise, though not necessarily standing by the lockers.
Councilmember Martinez stated the police report evidence proves on-site supervision is necessary.
Mayor Troxell stated limiting the operation to be outside nighttime hours and with staff
supervision alleviates his concern about camping.
Mr. Connolly requested the hours be extended to 10PM as the church has programs running until
that time.
Councilmember Martinez stated there is a difference between supervision and individuals who
happen to be there for another reason.
Mayor Pro Tem Horak asked what process the church would need to go through to request
additional hours. City Attorney Daggett replied it would be difficult to modify the hours if Council
adopts a condition to limit them unless it is clear in the motion that Council intends to allow an
administrative modification.
Mayor Pro Tem Horak stated he would prefer to see some period of performance prior to allowing
extended hours. He suggested the applicant could file for a minor amendment to request extended
hours.
October 9, 2018
City of Fort Collins Page 391
• ADJOURNMENT
The meeting adjourned at 8:18 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 392
October 16, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT: Overbeck
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated the Resolution for Item No. 11, Resolution 2018-104 Fact and
Conclusions Regarding the Appeal of the Planning and Zoning Board Decision to Approve with
Conditions the External Storage Lockers Minor Amendment, has been edited to clarify that church
representatives, rather than church staff, must be present during the hours of locker use.
• PUBLIC COMMENT
Alan Braslau, Energy Board member, stated Fort Collins has some of the lowest energy rates in
the state and the proposed upcoming rate increase will help manage the smoothing of future electric
rate increases.
Eric Sutherland stated one of the reasons Fort Collins has low electricity rates is the tax advantage
it has for public power financing. Fort Collins is likely to face litigation regarding the broadband
bonds as it did not follow the Charter.
Amanda Shores, Energy Board Vice Chair, stated the Board supports a 5% electric rate increase,
but noted that does not go far enough to support vital programs necessary to meet the 2020
greenhouse gas reduction goals. She stated the Board strongly supports a 5.63% increase which
will allow those goals to be met without compromising grid reliability.
Carol Miller discussed the multi-cultural community retreat in Fort Collins and encouraged
Council to keep the funding for the event in its budget.
Nick Mitchell, Energy Board Chair, reiterated the Board's support for the 5.63% rate increase. He
recommended Council support the budget offer for the electric distribution training field.
Debra James, Fort Collins Homeless Coalition, thanked Council for what it has helped accomplish
for homeless residents. She encouraged Council allow the locker program to have a chance.
Cheryl Distaso congratulated Council on the success of Sunday bus service and encouraged
Council to fund additional 365-day bus service in the upcoming budget. She opposed funding
additional parking for MAX service.
Nancy York discussed the seriousness of global warming and encouraged Council to put major
resources toward its reduction. She stated automobiles must be replaced with buses.
Lynn Thompson, Fort Collins Homeless Coalition, read a letter from the Coalition encouraging
Council to include funding for extended Murphy Center hours.
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City of Fort Collins Page 393
Shirley Coenen, Fort Collins Community Action Network Coordinator, supported funding
additional bus service on route 6 and discussed the importance of reliable public transportation.
Nicholas Mouton encouraged Council to prioritize public transportation in its budget.
Jessica Kerr encouraged Council to continue funding the multi-cultural community retreat.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments and noted the budget has yet to be finalized.
Mayor Pro Tem Horak suggested Council and the Transportation Board receive a periodic report
on Transfort route performance. City Manager Atteberry agreed.
Councilmember Martinez requested staff also provide solutions on route modifications as
necessary.
• CONSENT CALENDAR
Mayor Troxell noted Item Nos. 7, Items Relating to the Sanctuary on the Green Annexation, and
8, Public Hearing and First Reading of Ordinance No. 127, 2018, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Sanctuary on the Green Annexation to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map, are public hearings.
Ernest Frank withdrew Item Nos. 7, Items Relating to the Sanctuary on the Green Annexation, and
8, Public Hearing and First Reading of Ordinance No. 127, 2018, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Sanctuary on the Green Annexation to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map, from the Consent
Agenda.
Councilmember Martinez withdrew Item No. 6, First Reading of Ordinance No. 125, 2018,
Amending Chapter 3 of the Code of the City of Fort Collins to Add a New Article IV Allowing
Entertainment Districts and Authorizing the Liquor Licensing Authority to Approve and Regulate
Promotional Associations and Common Consumption Areas Within Entertainment Districts, from
the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve
all items not withdrawn from the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT: Overbeck
October 16, 2018
City of Fort Collins Page 394
1. Consideration and Approval of the Minutes of the September 18, 2018, Regular Council Meeting
and the September 25, 2018 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the September 18, 2018, regular Council
meeting and the September 25, 2018, adjourned Council meeting.
2. Second Reading of Ordinance No. 121, 2018, Appropriating Unanticipated Revenue and Prior
Year Reserves in Various City Funds. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 2, 2018, combines dedicated and
unanticipated revenues or reserves that need to be appropriated before the end of the year to cover
the related expenses that were not anticipated and, therefore, not included in the 2018 annual budget
appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and
grants that have been paid to City departments to offset specific expenses.
3. Second Reading of Ordinance No. 122, 2018 Amending Sections 17-141 and 17-161 of the Code
of the City of Fort Collins Regarding Alcohol. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 2, 2018, will ensure correct terms
are defined for provisions of the Code of the City of Fort Collins regarding carrying or drinking alcohol
or fermented malt beverages in certain places, and for offenses involving substance abuse.
4. Second Reading of Ordinance No. 123, 2018, Annexing the Property Known as the Hughes
Stadium Annexation to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 2, 2018, annexes 164.55 acres of
land generally located at the northwest corner of Dixon Canyon Road and Overland Trail. The
annexation area is owned by Colorado State University and is the former location of Hughes Stadium
and Rodeo Arena. The Initiating Resolution was adopted on August 21, 2018. A related item to zone
the annexed property is presented as the next item on this Agenda.
5. Second Reading of Ordinance No. 124, 2018, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Hughes Stadium
Annexation to the City of Fort Collins, Colorado. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2018-034.
The purpose of this item is to amend the zoning map and zone the property included in the Hughes
Stadium Annexation into the Transition (T) zone district.
6. Resolution 2018-097 Approving an Art Project for the Fossil Creek Trail Project and Approving
Expenditures from the Art in Public Places Reserve Account in the Cultural Services and
Facilities Fund to Commission an Artist to Create the Art Project Pursuant to the Art in Public
Places Program. (Adopted)
The purpose of this item is to approve expenditures from the Art in Public Places Reserve Account to
commission an artist to create art for the Fossil Creek Trail Project. The expenditures of $50,000 will
be for design, materials, signage, fabrication, installation, and contingency for Stephen Shachtman to
create a sculpture at the site on the Fossil Creek Trail.
October 16, 2018
City of Fort Collins Page 395
7. Items Relating to an Updated Process for City Council Evaluation of the Performance of the
City Manager, City Attorney and Chief Judge and a Fifteenth Addendum to the Chief Judge's
Employment Agreement. (Adopted)
A. Resolution 2018-098 Adopting an Updated Process for City Council Evaluation of the Performance
of the City Manager, City Attorney and Chief Judge.
B. Resolution 2018-099 Authorizing the Fifteenth Addendum to Chief Judge Lane’s Employment
Agreement.
The purpose of this item is to modify the performance evaluation process for the City Manager, City
Attorney and Chief Judge to allow flexibility in the timing of the evaluations and to allow the Chief
Judge to use a designated facilitator. Resolution 2018-099 authorizes execution of an addendum to
the Chief Judge’s employment agreement for a new two-year term.
8. Resolution 2018-104 Making Findings of Fact and Conclusions of Law Regarding the Appeal
of the Planning and Zoning Board's Decision Approving the External Storage Lockers Minor
Amendment MA 180033. (Adopted)
The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the
Planning and Zoning Board decision to approve with one condition the External Storage Lockers Minor
Amendment. City Council heard the appeal on October 9, 2018.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
9. First Reading of Ordinance No. 125, 2018, Amending Chapter 3 of the Code of the City of Fort
Collins to Add a New Article IV Regarding Entertainment Districts. (Adopted on First Reading)
The purpose of this item is to consider an Ordinance establishing City Code provisions that allow City
Council to adopt Entertainment Districts and granting the Liquor Licensing Authority the authority to
approve and regulate Promotional Associations and Common Consumption Areas within
Entertainment Districts.
Tyler Marr, City Manager's Office, stated Entertainment Districts are an association of two or more
liquor-licensed establishments that are associating together to provide an additional form of
entertainment they could not provide individually. Once an Entertainment District is formed, it
can apply for a common consumption area where alcoholic beverages purchased from any of the
District's establishments can be consumed. Marr stated this Ordinance is the first step to allowing
Entertainment Districts in the city. It establishes a process for Council to approve each District
and allows the Municipal Court to approve common consumption areas and certify a promotional
association which is responsible for activities within the common consumption area.
Marr noted Council maintains the authority to approve or deny each entertainment district and set
forth further restrictions such as hours of operation or size. The Municipal Court can then approve
or deny each common consumption area.
Eric Sutherland questioned how an Entertainment District could be revoked.
Councilmember Martinez requested staff input on Mr. Sutherland's question. Marr replied the
promotional association would require an annual recertification and liquor license violations can
result in the revocation of the association. Additionally, Council can modify the restrictions it sets
in authorizing the Entertainment District at a subsequent date to the ordinance.
October 16, 2018
City of Fort Collins Page 396
Councilmember Cunniff asked if Entertainment Districts could be removed in the future should a
future Council change its mind. City Attorney Daggett replied staff will follow-up and make
related changes to the Ordinance as appropriate prior to Second Reading.
Councilmember Martinez made a motion, seconded by Councilmember Mayor Pro Tem Horak, to
adopt Ordinance No. 125, 2018, on First Reading.
Councilmember Cunniff stated he does not necessarily support Entertainment Districts as there are
already alcohol consumption related issues in the areas that are likely to be some of the Districts.
Councilmember Stephens asked about the experiences of other communities. Marr replied Greeley
activates its Entertainment District in a portion of its downtown a couple evenings a year. He
noted Police Services support will be critical in a positive staff recommendation.
Councilmember Stephens asked if staff is anticipating many applications. Marr replied staff is
aware of one interested applicant at this time.
Councilmember Martinez stated he is also looking at this from a cautionary perspective.
Mayor Pro Tem Horak stated he would support the Ordinance as it simply enables Entertainment
Districts to form and Council will be looking at each individual application.
Councilmember Stephens stated this could be used to create some community events that may
otherwise not occur.
RESULT: ORDINANCE NO. 125, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Gerry Horak, District 6
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT: Overbeck
• DISCUSSION ITEMS
10. Items Relating to the CIty Council's Position on Amendment 74 and Propositions 109, 110, and
112. (Resolutions 2018-100, 2018-101, 2018-102 Adopted; Resolution 2018-013 Postponed
Indefinitely)
A. Resolution 2018-100 Expressing the City Council’s Opposition to Amendment 74, an Attempt to
Amend the Colorado Constitution to Drastically Limit State and Local Government at a High Cost
to Taxpayers and Urging the Citizens of Fort Collins to Vote “No” on this Ballot Issue.
B. Resolution 2018-101 Expressing the City Council’s Opposition for the Passage of Proposition 109
Relating to Transportation Bonds and Urging the Citizens of Fort Collins to Vote “No” on this Ballot
Issue.
C. Resolution 2018-102 Expressing the City Council’s Support of Proposition 110, Authorizing a 0.62
Percent State Sales Tax to Fund Transportation Infrastructure, and Authorizing Related Bonds,
and Urging the Citizens of Fort Collins to Vote “Yes” on this Ballot Issue.
D. Resolution 2018-103 Expressing the City Council’s Opposition to the Passage of Proposition 112
Relating to Oil and Gas Setbacks and Urging the Citizens of Fort Collins to Vote “No” on this Ballot
Issue.
October 16, 2018
City of Fort Collins Page 397
The purpose of this item is to consider City Council positions for statewide ballot measures up for
election on November 6, 2018. These measures are Amendment 74, which would dramatically change
state “takings” law; Proposition 109, which would bond $3.5 billion in transportation money to be repaid
with existing revenue; Proposition 110, which would increase the state sales tax by 0.62% with those
monies going to transportation; and Proposition 112, which would impose a mandatory 2,500 foot
setback for all oil and gas production in the state. The Legislative Review Committee (LRC) took the
following positions on the initiatives, which mirrored those of the Colorado Municipal League:
Proposition/Amendment LRC position
Amendment 74 Oppose
Proposition 109 Oppose
Proposition 110 Support
Proposition 112 Oppose
Tyler Marr, City Manager's Office, stated four ballot measures are included in this item as they are
the four on which the Colorado Municipal League (CML) took positions.
Marr stated Amendment 74 is a constitutional amendment that requires local government to award
just compensation to private property owners when a local regulation or ordinance reduces the
property's fair market value. The Colorado Municipal League and Council's Legislative Review
Committee (LRC) oppose that Amendment.
Marr stated Proposition 109 would bond $3.5 billion for transportation projects with no increase
in state revenue. There is no local share back for this item; therefore, CML and the LRC oppose
that Proposition.
Marr stated Proposition 110 would raise the state sales tax by 0.62% for transportation projects. It
also allows for bonding and includes a 40% local share back, half of which would go to cities.
Both CML and the LRC support the Proposition.
Proposition 112 establishes a 2,500-foot setback for oil and gas production within certain areas of
a community. It is expected to have an impact on severance tax revenue in the state; therefore,
CML and the LRC oppose the Proposition.
City Manager Atteberry noted the LRC consists of Councilmembers Summer, Martinez, and
Overbeck.
Councilmember Summers stated the LPC blanketly adopted the recommendations of CML.
Eric Sutherland noted Fort Collins charges sales tax on food and questioned whether local taxes
would be reduced by not renewing KFCG should Proposition 110 pass.
Ann Hutchison, Fort Collins Area Chamber of Commerce Executive Vice President, opposed
Proposition 112 and supported Propositions 109 and 110.
Lief Youngs encouraged Council to switch its position on Propositions 110 and 112.
Kevin Cross, Fort Collins Sustainability Group, supported Proposition 112 and stated opposing it
is disconnected with the expressed will of the community and City Council.
Cheryl Distaso opposed Amendment 74, supported Proposition 112, and opposed Proposition 110
stating more funding should be dedicated to transit.
October 16, 2018
City of Fort Collins Page 398
Forest Carlson stated companies and governments that form the world military industrial complex
are terrorist organizations that have brought the world to the brink of ecological collapse.
Vicky McLane, League of Women Voters of Larimer County, requested Council remain neutral
on Proposition 112. She stated the League supports the Proposition, but recognizing differing
views, a neutral position is best for Council.
Sally Douet supported Proposition 112 as Fort Collins residents have already voted in favor of a
moratorium on fracking.
Jason Knieval stated oil and gas lobbyists get unlimited time to talk to Council and stated Council
should stand up for Fort Collins residents and their wishes.
Jamie Nagel opposed Proposition 112 and discussed jobs the oil and gas industry creates.
Jim Vassallo discussed the water use of fracking wells and stated less than 1% of Colorado jobs
are in the oil and gas industry.
Monica Lynn expressed concern the LRC did not conduct its own independent research on these
issues. She stated the oil and gas industry cannot be considered an independent source of analysis
of the economic, environmental, safety, and health impacts of fracking. She supported Proposition
112.
Harry Michaels supported Proposition 112.
Ted Walker encouraged Council to consider water quality in its analysis of Proposition 112 and
stated fracking converts enormous amounts of fresh water into wastewater unfit for plant, animal,
and human consumption.
Gayla Maxwell Martinez supported Proposition 112 and requested Council do the same.
Nicholas Mouton supported Proposition 112 and encouraged Council to do the same.
Elizabeth Hudetz supported Proposition 112 and stated it is disappointing to make it seem as
though this recommendation represents the entire Council as only Councilmembers Martinez and
Summers were part of the recommendation.
Mary Delphs stated Proposition 112 is a crucial first step in protecting all species. She stated the
economy can be sustained without oil and gas.
Jeremy (no last name given) urged Council to support Proposition 112 and stated violence
increases when oil and gas operations are present.
Tim Gosar supported Proposition 112 and urged Council to do the same.
Chris McGowan, Colorado Petroleum Council, opposed Proposition 112.
Aisha Martinik supported Proposition 112.
Tinar Hurety supported Proposition 112.
October 16, 2018
City of Fort Collins Page 399
Dena Munos supported Proposition 112.
Liz Kekahbah supported Proposition 112 and opposed Amendment 74.
Doug Dennison stated he lives in Windsor and is an employee of the oil and gas industry. He
opposed Proposition 112.
Craig Rasmussen stated he is an employee of the oil and gas industry and is proud of the work of
the industry. He opposed Proposition 112.
Debra (no last name given) supported Proposition 112 and encouraged Council to support it or
refrain from taking a stance.
Jeff Jensen urged Council to oppose Proposition 112 and stated laws governing oil and gas are
quite strict in Colorado.
Nancy York supported Proposition 112 citing health and environmental concerns.
Greg Anderson stated he is an employee of the oil and gas industry and opposed Proposition 112.
Councilmember Cunniff suggested postponing a position on Proposition 112 indefinitely as there
is not a consensus on Council.
Councilmember Martinez noted the LRC did have a discussion and suggested a process be put in
place to notify the alternate member if staff is made aware a member will be absent from a meeting.
City Manager Atteberry agreed and stated staff will further refine that process.
Councilmember Martinez stated the LRC receives information from both sides of the issues.
Councilmember Summers noted the Colorado Municipal League is an association of cities across
Colorado and is not the oil and gas industry. He stated Proposition 112 is a statewide issue, not
just a local issue; however, its passage will impact Fort Collins economically.
Mayor Troxell noted he is the president of CML this year. He stated Amendment 74 is of concern
to CML and noted fair market value is a new, undefined variable. He opposed adoption of the
Amendment.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution
2018-100 opposing Amendment 74.
RESULT: RESOLUTION 2018-100 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution
2018-101 opposing Proposition 109.
October 16, 2018
City of Fort Collins Page 400
RESULT: RESOLUTION 2018-101 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution
2018-102 supporting Proposition 110.
Mayor Pro Tem Horak stated funding for Colorado roads has leveled off and the tax increase is
necessary for funding the third lane of I-25. Additionally, Fort Collins will receive approximately
$5 million annually for transit-related items should the Proposition pass.
Councilmember Cunniff noted highway funding has remained unchanged since the early 1990s.
RESULT: RESOLUTION 2018-102 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT: Overbeck
Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to postpone
consideration of Resolution 2018-103 indefinitely.
Councilmember Cunniff stated this item pits opposing interests and Council should not provide an
opinion.
Councilmember Stephens thanked the speakers and commended the respectful nature of the
conversation.
RESULT: RESOLUTION 2018-103 POSTPONED INDEFINITELY [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT: Overbeck
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
11. Items Relating to the Sanctuary on the Green Annexation. (Adopted)
A. Resolution 2018-096 Setting Forth Findings of Fact and Determinations Regarding the Sanctuary
on the Green Annexation.
B. Public Hearing and First Reading of Ordinance No. 126, 2018, Annexing the Property Known as
the Sanctuary on the Green Annexation to the City of Fort Collins, Colorado.
October 16, 2018
City of Fort Collins Page 401
The purpose of this item is to annex 16.98 acres. The site is located generally at the northwest corner
of North Taft Hill Road and LaPorte Avenue and addressed as 325 North Taft Hill Road. The New
Mercer Canal forms the western boundary. This is a voluntary annexation. The Initiating Resolution
was adopted on September 4, 2018.
Ted Shepard, Chief Planner, stated this is an annexation and zoning request for 14 acres generally
located at the northwest corner of North Taft Hill Road and Laporte Avenue. According to the
Northwest Subarea Plan, Low-Density, Mixed-Use Neighborhood zoning is being recommended.
Ernest Frank questioned the acreage mentioned by Shepard and noted he previously provided
Council with various documents related to the item.
Shepard stated land development proposals are described by a site plan and the perimeter
determines the gross acreage of a plan. Developers are not allowed to use public right-of-way to
apply toward their gross acreage calculation.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution
2018-096.
RESULT: RESOLUTION 2018-096 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance
No. 126, 2018, on First Reading.
RESULT: ORDINANCE NO. 126, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT: Overbeck
12. Public Hearing and First Reading of Ordinance No. 127, 2018, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Sanctuary
on the Green Annexation to the City of Fort Collins, Colorado, and Approving Corresponding
Changes to the Residential Neighborhood Sign District Map. (Adopted on First Reading)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2018-034.
The purpose of this item is to zone 16.98 acres. The site is located generally at the northwest corner
of North Taft Hill Road and LaPorte Avenue and addressed as 325 North Taft Hill Road. The New
Mercer Canal forms the western boundary.
In accordance with the City Plan’s Structure Plan Map and the Northwest Subarea Plan, the requested
zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood.
Mayor Troxell outlined the hearing process for this type of Ordinance.
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City of Fort Collins Page 402
Stephanie Hansen, Ripley Design, stated she and representatives from Poudre Fire Authority are
available for any questions.
APPLICANT PRESENTATION
Ms. Hansen stated this project is located well within Fort Collins' growth management area. She
stated a full project development plan will be going before the Planning and Zoning Board in the
future but noted a neighborhood meeting has already occurred.
PUBLIC COMMENT
Ernest Frank discussed the demolition of structures on the property and stated the Colorado
Department of Public Health and Environment (CDPHE) has yet to receive asbestos removal
applications for the structures. He stated asbestos must be removed prior to demolition. He also
discussed the Poudre Fire Authority report regarding the structures.
APPLICANT REBUTTAL
Ms. Hansen stated the demolition permit covered the house and storage barn. The other structures
were a former chicken coop, a converted pig storage crib, a portable storage shed on palettes, and
an open horse shed. A resident took the portable shed for his use and the other buildings were
given to a recycler who uses the wood for decorative tables. All necessary paperwork was filed
with CDPHE over multiple filings. Roofing samples were taken with a separate form and no
asbestos was found in those samples.
COUNCIL DISCUSSION
Mayor Pro Tem Horak asked if this issue is related to the annexation. City Attorney Daggett
replied Council is deciding the zoning of the property and specific standards are articulated
regarding that decision. Though some of Mr. Frank's issues may be of interest to Council, they
may have no relevance in relation to the question of the zoning of the property.
Mayor Pro Tem Horak asked if the applicant could provide copies of all of the documentation to
Mr. Frank. Ms. Hansen replied in the affirmative.
Mayor Pro Tem Horak requested a comment from Poudre Fire Authority. Chief Tom DeMint
stated the property hosted a training fire during which international research on attacking fires
occurred. Battalion Chief Gene Maccarini stated all permit documents were filed and are available
for public viewing. The home owner took care of the demolition permit and asbestos mitigation
and inspection.
Councilmember Cunniff asked if CDPHE's jurisdiction over hazardous materials removal changes
whether the property is annexed or zoned. City Attorney Daggett replied in the negative.
Councilmember Cunniff thanked Mr. Frank for his concern but noted the issue is not part of this
particular item.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 127, 2018, on First Reading.
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City of Fort Collins Page 403
RESULT: ORDINANCE NO. 127, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT: Overbeck
• OTHER BUSINESS
Councilmember Cunniff requested and received Council support to direct staff to help connect Mr.
Frank with answers to his questions.
• ADJOURNMENT
The meeting adjourned at 8:15 PM.
______________________________
Mayor
ATTEST:
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City Clerk