HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 07/18/2017 - SUMMARY AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Ken Summers, District 3
Kristin Stephens, District 4 Cablecast on FCTV Channel 14
Ross Cunniff, District 5 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Winkelmann
City Attorney City Manager City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial
711 for Relay Colorado) for assistance.
Regular Meeting
July 18, 2017
(Amended 7/17/17)
Proclamations and Presentations
5:30 p.m.
A. Proclamation Declaring August 1, 2017, as Neighborhood Night Out.
B. Proclamation Declaring July 22-28, 2017, as Flood Awareness Week.
C. Proclamation Declaring the Week of July 16, 2017, as Lions Club Week.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
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Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the
Consent Calendar. Anyone may request an item on this calendar be “pulled” off the
Consent Calendar and considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion
Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion
Items.
CITIZEN PARTICIPATION
Individuals may comment regarding items scheduled on the Consent Calendar and items not
specifically scheduled on the agenda. Comments regarding land use projects for which a development
application has been filed should be submitted in the development review process** and not to the
Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of
speaking time remain, and will beep again and turn red when a speaker’s time to speak has
ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the
important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone
may request an item on this calendar to be "pulled" off the Consent Calendar and considered
separately. Agenda items pulled from the Consent Calendar will be considered separately under
Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with
one vote. The Consent Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
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1. Second Reading of Ordinance No. 085, 2017, Appropriating Prior Year Reserves in the Natural
Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural Areas
Programming Not Included in the 2017 Adopted City Budget.
This Ordinance, unanimously adopted on First Reading on July 5, 2017, appropriates $10,790,000 in
prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land
conservation, construction of public improvements, restoration of wildlife habitat and other Natural
Area Department programs to benefit the citizens of Fort Collins.
2. Second Reading of Ordinance No. 086, 2017, Appropriating Prior Year Reserves in the General
Fund for Transfer to Various City Funds for Tree and Branch Cleanup Expenses.
This Ordinance, unanimously adopted on First Reading on July 5, 2017, appropriates $143,563 in
General Fund reserves to cover the unanticipated costs associated with the tree and branch cleanup
from the May 18 and 19 spring snowstorm to various City funds. This appropriation request will be
used for the incremental costs (direct costs) associated with the cleanup effort but not covered in the
operating budget. This includes personnel overtime and planned "work for other departments" costs
that cannot be recouped, as well as other incremental costs associated with contractors, equipment
rental, fuel, etc. that are uniquely and directly related to the snowstorm cleanup.
3. Second Reading of Ordinance No. 087, 2017, Authorizing the Release of a Collateral Assignment of
Note and Deed of Trust which Secures Performance of Certain Obligations Related to the 1999
Restoration of the Northern Hotel.
This Ordinance, unanimously adopted on First Reading on July 5, 2017, authorizes the release of a
collateral assignment of the Note and Deed of Trust made by Funding Partners/NDC, in favor of the
City of Fort Collins which secures performance obligations contained within the Northern Hotel
Restoration Agreement, dated November 15, 1999. The release of the collateral assignment is
requested by the property owner, an affiliate of Funding Partners and the National Development
Council, in order to facilitate the sale and transfer of ownership of the Northern Hotel to an affiliate of
Hendricks Communities LLC, an affordable housing developer with a strong local presence.
4. Second Reading of Ordinance No. 089, 2017, Authorizing the Conveyance of an Amended Access
Easement and a Utility Easement on City-Owned Property at Gustav Swanson Natural Area to
Public Service Company of Colorado in Exchange for the Dedication of Land for Trail Purposes.
This Ordinance, unanimously adopted on First Reading on July 5, 2017, authorizes conveyance of a
utility easement and an amended access easement to Public Service Company on Gustav Swanson
Natural Area. Public Service Company provides natural gas service to a large portion of Fort Collins
residents from a downtown regulator station along the Poudre River. The City has asked Public
Service to realign its access easement to the regulator station and formalize its utility easements as
part of the pending Whitewater Park project. Public Service is also dedicating almost 2,000 square
feet of land for trail purposes.
5. Second Reading of Ordinance No. 090, 2017, Reappropriating Funds Previously Appropriated in
2016 But Not Expended and Not Encumbered in 2016.
This Ordinance, unanimously adopted on First Reading on July 5, 2017, reappropriates 2016
appropriations authorized by City Council that lapsed at the end of 2016. The authorized
expenditures were not spent or could not be encumbered in 2016 because:
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.
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6. First Reading of Ordinance No. 091, 2017, Appropriating Unanticipated Revenue Relating to a
Federal Emergency Management Agency Grant for Acquisition and Remediation of Property
Adjoining the Downtown Whitewater Park Area.
The purpose of this item is to appropriate a $232,509 Federal Emergency Management Agency
(FEMA) grant. The total budget approved by FEMA is $265,725 which includes $33,216 that has
been previously appropriated by the City. The funds will pay for the acquisition and remediation of a
property adjoining the downtown whitewater park area.
7. First Reading of Ordinance No. 094, 2017, Amending Part 18 of the Fort Collins Traffic Code
Regarding the Towing and Impounding of Vehicles on Public Rights-of-Way.
The purpose of this item is to amend the Traffic Code to allow for the immediate removal and
impoundment of vehicles on public streets and alleys as a means of enforcing violations to the
Residential Parking Permit Program (RP3) for Colorado State University (CSU) major stadium
events. The Code change would also allow the City to create new tow-away zones, if needed in the
future.
8. First Reading of Ordinance No. 095, 2017 Amending Section 19-65 of the Code of the City of Fort
Collins Regarding the Citation Procedure for Civil Infractions to Include an Exception for Parking on
Yards.
The purpose of this item is to consider an Ordinance that allows for immediate ticketing for parking
on yards during Colorado State University (CSU) game days and major stadium events.
9. First Reading of Ordinance No. 096, 2017, Calling a Special Municipal Election To Be Held In
Conjunction With the November 7, 2017 Larimer County Coordinated Election.
The purpose of this item is to call a Special Municipal Election to be held in conjunction with the
November 7, 2017 Larimer County Coordinated Election, and to preserve the opportunity for Council
to place initiated or referred issues on the November ballot. If Council decides to place any
measures on the ballot relating to Charter amendments, it would need to do so no later than August
29 in order to meet statutory requirements for publication. If Council does not take action by
ordinance or resolution before the statutory deadline (September 8) to certify ballot language to
Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no
further force and effect.
This Ordinance does not submit a specific measure to the November 7, 2017 ballot. Adoption of this
Ordinance is a required step in preserving the option for City Council to submit any ballot measures
that Council may desire, at the November 7, 2017 Coordinated Election.
10. First Reading of Ordinance No. 097, 2017, Vacating a Portion of Lincoln Avenue Right-of-Way
Dedicated on the Fort Collins Original Town Plat Dated January 17, 1873, with the Reservation of a
Drainage and Utility Easement.
The purpose of this item is to vacate a portion of Lincoln Avenue that is no longer necessary or
desirable to retain for street purposes. During the design process for the Lincoln Corridor
Improvements Project - Phase I, it was determined that there was a portion of right-of-way that was
no longer necessary to retain. The request to vacate was made by the City of Fort Collins
Engineering Department.
11. First Reading of Ordinance No. 098, 2017, Annexing the Property Known as the Blehm-Homestead
Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex an enclave area of approximately 109 acres in southeast Fort
Collins. The Initiating Resolution was adopted on consent, June 6, 2017. The property is situated
between South Timberline and Ziegler Roads, and bisected by Kechter Road. The 28-parcel enclave
consists of the Blehm Subdivision, two abutting properties to the east of the Blehm Subdivision,
Homestead PUD, and one abutting property to the west of the Homestead PUD.
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12. First Reading of Ordinance No. 099, 2017, Amending the Zoning Map of the City of Fort Collins and
Classifying for Zoning Purposes the Property Included in the Blehm-Homestead Annexation to the
City of Fort Collins, Colorado and Approving Corresponding Changes to the Sign District Map.
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 2017-017.
The purpose of this item is to zone the property included in the Blehm-Homestead enclave
annexation into the Urban Estate (UE), zone district and Residential Neighborhood Sign District.
13. Resolution 2017-066 Finding Substantial Compliance and Initiating Annexation Proceedings for the
Newton First Annexation.
The purpose of this item is to initiate annexation proceedings for the Newton First Annexation. This is
a voluntary annexation. The applicants, Jim and Diana Newton, have submitted a written petition
requesting two sequential annexation tracts. Newton First Annexation is the first Resolution of this
series of sequential annexations, for a total of 1.4463 acres. Newton First Annexation is located at
1516 West Vine Drive just east of Lincoln Middle School. The requested zoning for this annexation is
Urban Estate (UE), which is in compliance with the City of Fort Collins Structure Plan and the
Northwest Subarea Plan.
14. Resolution 2017-067 Finding Substantial Compliance and Initiating Annexation Proceedings for the
Newton Second Annexation.
The purpose of this item is to initiate annexation proceedings for the Newton Second Annexation.
This is a voluntary annexation. The applicants, Jim and Diana Newton, have submitted a written
petition requesting two sequential annexation tracts. Newton Second Annexation is the second and
last Resolution of this series of sequential annexations. Newton Second Annexation is located at
1516 West Vine Drive just east of Lincoln Middle School. The requested zoning for this annexation is
Urban Estate (UE), which is in compliance with the City of Fort Collins Structure Plan and the
Northwest Subarea Plan.
15. Resolution 2017-068 Approving the Assignment of the Purchase and Sale Agreement Between the
City and the Housing Authority of the City of Fort Collins for the Purchase of 1506 West Horsetooth
Road, Fort Collins, Colorado, to Village on Horsetooth, LLLP.
The purpose of this item is to consider a request from Fort Collins Housing Authority, dba Housing
Catalyst (Authority) to assign its interest in the Purchase and Sale Agreement for the purchase of
1506 West Horsetooth Road, to Village on Horsetooth, LLLP. On March 1, 2016, City Council
adopted Ordinance No. 025, 2016, authorizing the conveyance of the property to the Authority. The
Ordinance specifically authorized the sale to the Authority.
16. Resolution 2017-069 Authorizing the City Manager to Execute an Agreement between the City of
Fort Collins and New Belgium Brewing Company, Inc. Regarding Temporary Authorization to Use a
Portion of Pretreated Wastewater in Cooling Towers.
The purpose of this item is to consider an agreement to allow New Belgium Brewing Company, Inc.
(NBB) to use a portion of pretreated wastewater from its on-site water treatment plant to run through
cooling towers for a 12-month pilot period. NBB has requested permission to gather more data in
order to determine the feasibility of operating the system on a long-term basis. This pilot period also
allows Utilities an opportunity to evaluate this type of system for long term program development.
This system was also tested for a period of 30 days last year in October pursuant to a separate
agreement authorized under Resolution 2016-061. During that test period NBB and Utilities gathered
positive data and NBB would like the opportunity to fine tune the system. NBB agrees to abide by all
local and state regulation for the test period and the plan has been reviewed extensively by City staff.
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17. Resolution 2017-071 Supporting the Grant Application for an Inspire Grant From the State Board of
Great Outdoors Colorado Trust Fund.
The purpose of this item is for Council to offer its support of an implementation grant application
submitted by the City for Great Outdoors Colorado (GOCO) Inspire Initiative, a funding opportunity
that focuses on connecting youth and their families to the outdoors in underserved
communities. GOCO requires a resolution by City Council supporting the implementation grant
application.
18. Resolution 2017-070 Approving Fort Fund Grant Disbursements.
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming and Tourism Programming Accounts for the selected community and tourism events,
based upon the recommendations of the Cultural Resources Board.
19. Resolution 2017-072 Appointing Arsineh Hecobian to the Air Quality Advisory Board of the City of
Fort Collins.
The purpose of this item is to appoint Arsineh Hecobian to fill a vacancy that currently exists on the
Air Quality Advisory Board due to the resignation of Robert Kirkpatrick. Arsineh Hecobian’s term is to
begin immediately and is set to expire on December 31, 2018.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS
A. Michigan Ditch Video. (staff: Jon Haukaas)
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
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Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be
made by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (three minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
20. First Reading of Ordinance No. 100, 2017, Amending Portions of Chapter 17 of the Code of the City
of Fort Collins Regulating Trespass and the Obstruction of a Highway or Passageway. (staff: Jeff
Mihelich; 5 minute staff presentation; 30 minute discussion)
The purpose of this item is to consider changes to Section 17-128 of the City Code regarding
obstructing a highway or passageway, including adding restrictions around obstructing public
fixtures. A minor change to Section 17-40(b) of the City Code (Trespass) is also included, which
adds lying or “otherwise occupying” to the already prohibited list of climbing, sitting or standing on or
in objects on public or private property not designed for such use, and adds planters to the list of
examples of such objects.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances not
originating from the Council's Policy Agenda or initiated by staff.)
Discussion regarding a possible Charter amendment that would modify the jurisdiction of
Municipal Court to eliminate the potential for civil claims.
B. Consideration of a motion to amend the Call of Special Meeting for 6:00 p.m., Tuesday, August 8,
2017.
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ADJOURNMENT
A. Consideration of a motion to adjourn to 6:00 p.m., Tuesday, July 25, 2017.
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending
at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting
which have not yet been considered by the Council, will be continued to the next regular Council
meeting and will be placed first on the discussion agenda for such meeting.