HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/03/2020 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY March 3, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the January 21, February 4 and February 18, 2020 Regular
Council Meetings and the February 11, 2020 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the January 21, February 4 and February 18, 2020
regular Council meetings and the February 11, 2020 adjourned Council meeting.
ATTACHMENTS
1. January 21, 2020 (PDF)
2. February 4, 2020 (PDF)
3. February 11, 2020 (PDF)
4. February 18, 2020 (PDF)
City of Fort Collins Page 369
January 21, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated consideration of a motion to adjourn into executive session has
been added under Other Business.
• PUBLIC COMMENT
Forrest Carlson questioned what progress has been made regarding repealing the unconstitutional
anti-homeless law that is the anti-camping law. He noted a recent ruling in Boise, Idaho struck
down the urban camping ban.
Mark Buckman asked if bike lanes are planned on South Lemay Avenue.
Melissa Rosas thanked Councilmembers Cunniff and Gutowsky for voting against the Montava
PUD and stated the willingness of the developer to compromise on the resolution votes that
followed the main PUD approval seemed lacking, given that approval.
Skylar Wayne Gibler stated that while it is legal to buy and sell marijuana and alcohol, there is no
legal place for homeless residents to consume.
Rory Heath stated he filed an ethics complaint today against Mayor Wade Troxell, Mayor Pro Tem
Kristin Stephens, and Councilmember Ken Summers, and requested his complaint be treated with
as much respect as the last ethics review complaint.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments and requested the City Attorney address the
camping ban issue discussed by Mr. Carlson. City Attorney Daggett replied there was a 9
th
Circuit
Court decision that held the Boise, Idaho camping ordinance to be unconstitutional. There is
currently some litigation pending in Denver related to its camping ordinance; however, neither of
these cases directly bear on the constitutionality of Fort Collins' camping ordinance. She noted
there is a pending case on appeal from Municipal Court challenging the constitutionality of Fort
Collins' camping ordinance.
Mayor Troxell discussed the ethics review complaint filed by Mr. Heath stating it is the same as
the one made previously which was addressed by the Ethics Review Board.
Councilmember Summers noted the Montava item that was approved is a master plan, which does
not obligate any development; each phase will go through its own process that will allow for
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City of Fort Collins Page 370
extensive and appropriate citizen input. Modifications were made per the request of Council
related to various issues.
Councilmember Pignataro requested staff follow-up with Mr. Buckman regarding the South
Lemay bike lanes.
Councilmember Summers commented on Mr. Heath's ethics review complaint stating it is bogus,
frivolous, and has no factual basis. He discussed his previous efforts at starting a lobbying firm
noting he never had a client.
Councilmember Cunniff stated the likely process for the ethics complaint will be to have a separate
hearing of the Ethics Review Committee, likely the alternate committee.
• CONSENT CALENDAR
Mayor Troxell noted Item No. 14, First Reading of Ordinance No. 019, 2020, Designating the
Buildings of Lots 25 and 26, Block 111 (155 West Mountain Avenue and 130 South Mason Street),
Known as the Fort Collins Express/McCormick Building and the McCormick Apartments, Fort
Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of
Fort Collins, is a public hearing.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt and
approve all items on the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Consideration and Approval of the Minutes of the December 17, 2019 and January 7, 2020,
Regular Council Meetings. (Adopted)
The purpose of this item is to approve the minutes from the December 17, 2019 and January 7, 2020
regular Council meetings.
2. Items Relating to the Fort Collins Police Services Victim Services Unit. (Adopted)
A. Second Reading of Ordinance No. 001, 2020, Appropriating Unanticipated Grant Revenue from
the Eighth Judicial District Victim Assistance and Law Enforcement Board in the General Fund for
the Fort Collins Police Services Victim Services Unit.
B. Second Reading of Ordinance No. 002, 2020, Appropriating Unanticipated Grant Revenue from
the Colorado Division of Criminal Justice under the Federal Victim of Crime Act in the General
Fund for the Fort Collins Police Services Victim Services Unit.
These Ordinances, unanimously adopted on First Reading on January 7, 2020, appropriate grant
funds for the Victim Services Unit of Fort Collins Police Services for victim advocacy services under
the Colorado Victim Rights Amendment for victims of crime and their family members. The Fort Collins
Police Services Victim Services Unit has been awarded two grants. The VALE Grant is a 12-month
grant in the amount of $35,500 for the period from January 1, 2020 to December 31, 2020, by the
Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services
provided by this team. These funds will be used for part of the salary for the victim advocate who
provides crisis intervention services during weekday hours and is housed in the Victim Services office.
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City of Fort Collins Page 371
These funds will also pay for a portion of the operational expenses needed to provide 24-hour, 7-
days/week services to victims of crime in the community. The VOCA Grant is a 12-month grant in the
amount of $24,500 for the period from January 1, 2020 to December 31, 2020, by the Colorado Division
of Criminal Justice under the Federal Victim of Crime Act (VOCA), to help fund services provided by
this team. These funds will be used for part of the salary for the victim advocate who provides crisis
intervention services for sexual assault victims between the school ages of kindergarten through 12th
grade.
3. Second Reading of Ordinance No. 003, 2020, Appropriating Unanticipated Grant Revenue and
Authorizing Transfers in the General Fund for the Environmental Services Radon Program.
(Adopted)
This Ordinance, unanimously adopted on First Reading on January 7, 2020, appropriates
unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This
appropriation includes $11,052 of grant revenues provided by the Colorado Department of Public
Health and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly
supports radon activities identified in the Environmental Services Department’s core budget offer and
requires a local match of $7,368. Matching funds are appropriated and unexpended in the 2020
Environmental Services operating budget and will be transferred to the Environmental Services Radon
Program.
4. Items Relating to the 2020 Epic Homes Loan Program. (Adopted)
A. Second Reading of Ordinance No. 004, 2020, Making Supplemental Appropriations to be
Expended as Loans to Utility Services Customers Under the Epic Loan Program.
B. Second Reading of Ordinance No. 005, 2020, Making a Supplemental Appropriation for the Epic
Loan Program from Unappropriated Prior Year Reserves in the Light & Power Fund to Make Debt
Service Payments Under the U.S. Bank Line of Credit.
These Ordinances, unanimously adopted on First Reading on January 7, 2020, appropriate funds for
the Epic Loan Program in 2020 for loan issuance to Fort Collins Utilities electric customers and
anticipated debt service to third-party capital providers. The Epic Loan Program is part of the Epic
Homes comprehensive portfolio for single-family home performance for both owner- and renter-
occupied homes. These appropriations will cover existing capital sources, including Light & Power
reserves and grant funds, and is necessary to formally authorize the disbursement of funds for
customer loans. As additional third-party loan agreements are authorized by the Electric Utility
Enterprise Board, the associated appropriations will be included. For future years, staff will include
loan issuance and debt service as part of the biennial Budgeting for Outcomes process. The 2020
appropriation for loan issuance is $3,270,083 and the appropriation for debt service is $75,000.
5. Second Reading of Ordinance No. 006, 2020, Making Appropriations for the 2020 Climate
Action Plan Mitigation and Resilience Projects and Related Art in Public Places. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 7, 2020 appropriates off-cycle
funds to address existing and emerging infrastructure demands and refocused investments in Energy
Services programs. This package supports resilience by improving electric system reliability and grid
flexibility with additional Distributed Energy Resource (DER) program elements and improving carbon
mitigation by directing additional support for commercial-scale solar. The Energy Services elements
are a realignment of existing budget, while the Electric Utility distribution system elements can be
funded from unspent 2019 reserves. The package focuses on “no regrets” acceleration of planned
activities of the Electric Utility Capital Improvement Plan and 2030 climate and energy objectives.
The package’s reliability scope also supports broadband services (3.7 Deploy reliable, high-speed
internet) because the work is aligned with FC Connexion deployment as it creates new markets via
annexations or pathways via spare conduits to deploy fiber in the electric system. Accelerating this
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investment is also aligned with the recently published Electric Utility 2019 Capital Improvement Plan
and the FC Connexion deployment schedule.
6. Items Relating to the Taft Hill Improvements Project–Horsetooth to Harmony. (Adopted)
A. Second Reading of Ordinance No. 007, 2020, Appropriating Federal Surface Transportation Block
Grant Funds Administered by the Colorado Department of Transportation for the Taft Hill
Improvements Project-Horsetooth to Harmony.
B. Second Reading of Ordinance No. 008, 2020, Appropriating Regional Transportation Capital
Improvement Expansion Fees and Authorizing Transfers of Appropriations for the Taft Hill
Improvements Project-Horsetooth to Harmony and Related Art in Public Places.
These Ordinances, unanimously adopted on First Reading on January 7, 2020, appropriate
$5,380,000 into the Capital Projects fund for the Taft Hill Improvements Project. These funds will be
used for the design, property acquisition, and construction of roadway improvements along Taft Hill
Road from Horsetooth Road to south of Harmony Road, ending at Brixton Road.
7. Second Reading of Ordinance No. 009, 2020, Amending Certain Sections of Chapter 25 of the
Code of the City of Fort Collins to Provide a Sales Tax Exemption for Mobile Homes. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 7, 2020, adds a partial sales tax
exemption for new mobile/manufactured home sales in the City and a total exemption for used
mobile/manufactured home sales. The City currently applies sales tax on all mobile/manufactured
home sales, whereas the State of Colorado and Larimer County exempt all mobile/manufactured home
sales from sales tax. Conventional (site-built) homes pay sales or use tax on materials used in
construction and there is no sales tax for subsequent sales of the site-built home. All
mobile/manufactured homes and site-built homes pay property tax based on the assessed value.
8. Items Relating to Marijuana Licensing. (Adopted)
A. Second Reading of Ordinance No. 010, 2020, Amending Chapter 15, Article XVI of the Code of
the City of Fort Collins Regulating Medical Marijuana Businesses to Clarify and Align City Code
with State Law.
B. Second Reading of Ordinance No. 011, 2020, Amending Chapter 15, Article XVII of the Code of
the City of Fort Collins Regulating Retail Marijuana Businesses to Clarify and Align City Code with
State Law.
These Ordinances, unanimously adopted on First Reading on January 7, 2020, amend the City Code
provisions relating to medical and retail marijuana businesses to align them with recent changes in the
State law.
9. Second Reading of Ordinance No. 012, 2020, Amending Section 23-113 of the Code of the City
of Fort Collins to Authorize the City Manager to Approve Subleases of City Property. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 7, 2020, amends Section 23-113
of City Code to authorize the City Manager, or his or her designee, to provide written consent, at his
or her sole discretion, to a tenant of City-owned property to sublease all or a portion of the property for
a definite term of five years or less where the original lease was approved by the City Council and the
terms of such lease do not restrict, condition or prohibit subleasing.
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10. Second Reading of Ordinance No. 013, 2020, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Property Rights Necessary for Access in Connection with Phase 1
(Permitting and Design) of the Halligan Water Supply Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 7, 2020, authorizes the use of
eminent domain, if necessary and as a last resort, to acquire access rights for the permitting and
design phase (Phase 1) of the Halligan Water Supply Project (Halligan Project), including access to
Halligan Reservoir, the North Poudre Canal Diversion Structure, and the Calloway Diversion Structure.
The acquisitions will include purchase of temporary access easements from three of the property
owners directly impacted by the Halligan Project. To meet near-term project timelines, prompt
acquisition of the access rights is necessary. Staff fully intends to continue negotiating in good faith
with the affected property owners and is requesting authorization to use eminent domain only if project
staff, in consultation with the City Attorney’s Office, believes such action is necessary after reasonable
efforts to negotiate an acquisition.
11. First Reading of Ordinance No. 016, 2020, Adopting the 2020 Amended Classified Employee
Pay Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement
with the Fraternal Order of Police. (Adopted)
The purpose of this item is to recommend changes to the 2020 City Classified Employee Pay Plan
based on an annual market analysis conducted as agreed upon through the 2019-2021 Collective
Bargaining Agreement with the Northern Colorado Lodge #3 of the Fraternal Order of Police (FOP).
The Agreement was approved by Council by Resolution on October 2, 2018. The Agreement specifies
a salary data collection method and evaluation process that includes market data as of early January.
This data has been collected and analyzed, resulting in the revised 2020 City Classified Employee
Pay Plan.
12. First Reading of Ordinance No. 017, 2020, Amending Article IV of Chapter 8 of the Code of the
City of Fort Collins Relating to the City's Purchasing and Contracting Procedures and
Requirements. (Adopted)
The purpose of this item is for City Council to adopt revisions to the Purchasing and Contracting
provisions of the City Code. These changes include:
• Updated language, definitions, descriptions, and processes
• Updated timing of public disclosures
• Update thresholds of authority - minor purchases
• Excluded select contract types for the five (5) year term limit.
13. First Reading of Ordinance No. 018, 2020, Authorizing the Sale of the Real Property Located at
906 East Stuart Street to Planet Scale Limited. (Adopted)
The purpose of this item is to authorize the sale of the City-owned property located at 906 East Stuart
Street to Planet Scale Limited, a Colorado limited liability company, for $291,000. The City has no
current or future identified use for the property and disposition of the property will eliminate the City’s
ongoing maintenance expenses and liability risk. The property was advertised on the open market for
a minimum 30-day period during which offerors could submit sealed bids to purchase the property.
Planet Scale Limited submitted the highest bid (out of five) with the ability to close escrow in the
shortest amount of time without financing or change-in-use contingencies. Completion of the purchase
is contingent on City Council’s approval of the sale by its final adoption of this Ordinance in accordance
with Article IV, Section 23-111 of the City Code.
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14. First Reading of Ordinance No. 019, 2020, Designating the Buildings of Lots 25 and 26, Block
111 (155 West Mountain Avenue and 130 South Mason Street), Known as the Fort Collins
Express/McCormick Building and the McCormick Apartments, 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 it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
The purpose of this item is to designate the property on Lots 25 and 26, Block 111 (155 West Mountain
Avenue), including the Fort Collins Express/McCormick Building and the McCormick Apartments, as
a Fort Collins Landmark. This is a voluntary designation at the property owner’s request. The property
owner is Mountain 155, LLC/Hello Investments, LLC, of which Josh Harrison is the property manager.
The Landmark Preservation Commission unanimously recommends approving this landmark
designation.
15. Resolution 2020-009 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County to Partner on the Purchase of an 800 Acre Inholding at Red Mountain Open
Space. (Adopted)
The purpose of this item is to consider a proposed intergovernmental agreement with Larimer County
to partner on the conservation of an 800-acre property within Red Mountain Open Space. The County
is the lead on the project and will own and manage the property. The City will receive and hold a
conservation easement on the 800 acres as well an adjoining 1,480 acres. The conservation easement
requires that the land never be subdivided or developed and that it be managed for its conservation
values.
16. Resolution 2020-010 Finding Substantial Compliance and Initiating Annexation Proceedings
for the One Twenty Eight Racquette Drive Annexation. (Adopted)
The purpose of this item is to initiate annexation proceedings for the One Twenty Eight Racquette
Drive Annexation. This is a 100% voluntary annexation. The property contained within the annexation
area is approximately 35,000 square feet and abuts the Fort Collins Airpark, 365 feet west of the Dry
Creek subdivision. The proposed zoning for this annexation is Industrial (I).
The proposed Resolution makes a finding that the annexation petition substantially complies with the
Municipal Annexation Act of 1965, determines that a hearing should be established regarding the
annexation, and directs notice be given of the hearing. The hearing will be held at the time of First
Reading of the annexation and zoning ordinances, and notice will be published and distributed as
required by State law.
It should be noted that though this annexation does comply with state statute, the property currently
contains a land use that has not been established/permitted within Larimer County. The City of Fort
Collins Land Use Code requires the property owner or representative thereof to submit a development
application within 60 days of the effective date of the annexation in order to legally establish the land
use in the City of Fort Collins.
17. Resolution 2020-011 Making Appointments to Various Boards and Commissions of the City of
Fort Collins. (Adopted)
The purpose of this item is to appoint individuals to fill vacancies on various boards and commissions
that exist due to the expiration of terms of certain members and the resignation of previous
boardmembers.
• END CONSENT
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• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff thanked staff for additional information provided regarding Item No. 9,
Second Reading of Ordinance No. 012, 2020, Amending Section 23-113 of the Code of the City of
Fort Collins to Authorize the City Manager to Approve Subleases of City Property.
City Manager Atteberry stated Item No. 15, Resolution 2020-009 Authorizing the Mayor to
Execute an Intergovernmental Agreement with Larimer County to Partner on the Purchase of an
800 Acre Inholding at Red Mountain Open Space, is a great example of a partnership and the
leveraging of dollars.
Councilmember Cunniff commended the purchase.
Mayor Pro Tem Stephens commended the purchase and commented on the beauty of Red
Mountain Open Space.
• STAFF REPORTS
A. Community Dashboard Metric: Access Fort Collins Response Time. (staff: Amanda King)
Amanda King, Communications and Public Involvement Director, discussed the community
dashboard metric of the average response time to cases submitted to the Access Fort Collins
platform. The metric supports Strategic Objective 7.1-to provide world-class municipal services
to residents and businesses.
King detailed the ways in which a resident or Councilmember could report questions or issues to
Access Fort Collins and stated the target is to respond within three business days for all issues;
however, the metric shows an average response rate of under two business days over the last two
years. The response rate has continued to decrease despite the number of total cases increasing.
She detailed the types of cases reported to Access Fort Collins.
Mayor Troxell commended the report and success of Access Fort Collins.
Councilmember Cunniff agreed Access Fort Collins is a world-class way for citizens to report
issues.
Councilmember Pignataro asked how individuals can report issues if they do not have a computer
or mobile phone. Mayor Troxell noted any Councilmember or the City Manager's Office can be
contacted.
B. Affordable And Attainable Housing
City Manager Atteberry noted the importance of attainable and affordable housing in the
community and as a Council priority. He has approved a Housing Manager position within the
existing City budget, per Council's approval, which would enhance and accelerate the work that
has already been completed.
City Manager Atteberry also suggested convening a few Councilmembers to work with the new
Housing Manager and necessary staff to do a deep dive into best practices and national and local
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data as an ad hoc committee which would then come forward in 90 to 120 days with actionable
steps about moving the priority forward.
Mayor Troxell expressed support for both the Housing Manager position and ad hoc committee.
Councilmember Summers asked how the work is being done now. City Manager Atteberry replied
it is a collaborative effort within the organization; however, Sustainability Services currently
contains a Social Sustainability area. The Housing Manager position would be a direct report to
Jackie Kozak-Thiel, Sustainability Services Executive Director.
Councilmember Summers discussed the importance of having anticipated, measurable outcomes
which are closely monitored to ensure a positive return on investment.
Councilmember Gorgol supported both the new position and ad hoc committee, stating the City
has made affordable and attainable housing a priority which needs additional staff support.
Mayor Pro Tem Stephens supported both the new position and ad hoc committee stating bringing
in additional knowledge and expertise is important.
Councilmember Gutowsky supported both the new position and ad hoc committee and asked if the
search would be national. City Manager Atteberry replied in the affirmative.
Councilmember Pignataro asked why City Manager Atteberry has brought this particular position
before Council. City Manager Atteberry replied the main reason is to ensure there are no specific
concerns on the part of Councilmembers, but also to bring exposure to the topic.
Councilmember Cunniff also noted Council approval is required for the formation of an ad hoc
committee, and the two items are somewhat interdependent.
• COUNCILMEMBER REPORTS
Mayor Troxell reported on the passing of Eric Levine, a founding member of the Fort Collins
Sustainability Group and member of the City's Air Quality Advisory Board.
Councilmember Gutowsky reported on the Martin Luther King, Jr. march and program at CSU.
Mayor Pro Tem Stephens reported on the Metropolitan Planning Organization ten-year strategic
planning session. She also reported the I-25 Funding Coalition meeting will be held Friday.
Councilmember Cunniff reported on a meeting with County Commissioners Johnson and Kefalas
and Congressman Neguse during which the long trains going through town were discussed.
Councilmember Gorgol reported on a meeting with residents of mobile home parks along with
Commissioner Kefalas. She also reported on the groundbreaking for Housing Catalyst's
permanent supportive housing project on Mason Street.
Councilmember Cunniff reported on attending an Energy Board meeting during which members
discussed their perspectives with respect to Council's priority on boards and commissions.
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• DISCUSSION ITEMS
18. Public Hearing and Second Reading of Ordinance No. 138, 2019, Amending the Zoning Map of
the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known
as the Hughes Stadium Site Rezoning and Approving Corresponding Changes to the
Residential Neighborhood Sign District Map. (Postponed to March 17, 2020)
This Ordinance, adopted on First Reading on November 5, 2019, by a vote of 4-3 (Nays: Cunniff,
Gutowsky, Pignataro), rezones 164.55 acres located on the west side of Overland Trail and north of
CR32, with one condition, and to place the property into the Residential Sign District. City Council
initiated the rezoning on July 16, 2019 and directed City staff to prepare a rezoning application and
make a recommendation regarding the appropriate zoning. The site is currently zoned Transition (T)
and staff recommends placement into the Residential Foothills (RF) and Low-Density Mixed-Use
Neighborhood (LMN) zone districts. A recommended condition of the rezone requires that future
development in the portion zoned Residential Foothills district meet the requirements of a Cluster Plan
pursuant to Land Use Code Section 4.3(E)(2). The request places the property into the Residential
Sign District. The Planning and Zoning Board on a 4-2 vote recommended that City Council not adopt
the staff proposed zoning and instead zone the property entirely Residential Foothills.
Mayor Troxell discussed the history of the First Reading of this item and stated Council will reopen
the public hearing on the item for tonight's Second Reading to allow for Council to receive and
consider additional testimony and evidence.
Councilmember Cunniff reported he was in the notification area for this item but does not believe
that will affect his ability to make an unbiased decision.
Mayor Pro Tem Stephens stated she would be more comfortable with allowing the Ethics Review
Board to meet prior to considering this item in light of the second ethics complaint being filed.
Mayor Troxell noted the Second Reading of this item was already postposed for the Ethics Review
Board to meet and stated he does not have a conflict in participating in this item despite his
employment at CSU. He requested the City Attorney provide the summary of the Ethics Review
Board action related to this matter. City Attorney Daggett outlined the ethics complaints received
and the Ethics Review Board process, noting an alternative Ethics Review Board was formed in
this case due to the identity of the subjects of the complaints and that Board consisted of the
remainder of City Council.
City Attorney Daggett outlined the findings of the Board, which determined no additional
investigation to be warranted in either complaint. An additional ethics complaint was filed today
and it is at the discretion of Council to determine how to proceed.
Mayor Troxell stated he has reviewed the latest complaint and has found it to be without merit.
Councilmember Pignataro noted there are many citizens present to speak to this item and Council
could overturn any decision pending the outcome of an Ethics Review Board review.
Councilmember Cunniff supported Mayor Pro Tem Stephens’ wish to have this complaint be
reviewed by the alternate Ethics Review Board.
Mayor Pro Tem Stephens stated any decision made tonight would always be in question if the
complaints are not reviewed prior.
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Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Stephens, to postpone
consideration of this item to March 17, 2020, in order to allow the alternate Ethics Review Board
to meet and provide recommendations related to the newly filed ethics complaint.
An unidentified member of the audience opposed the postponement, particularly to St. Patrick's
Day, stating it seems dubious.
Rory Heath, complainant, thanked Council for the postponement and stated he is amazed that
people named in the complaint are allowed to police themselves. He also noted there is no
recording of Ethics Review Board meetings and questioned the transparency of that fact. He noted
his complaint is on a new topic and is not the continuation of a previous complaint.
Beth Benscheidt expressed concern about the development and other issues related to air quality.
Mayor Troxell stated he would oppose the motion as the complaint is not substantive and is without
merit.
Mayor Pro Tem Stephens stated she does not want to postpone the item and does not believe there
is any new information in the complaint; however, she is more comfortable having the Ethics
Review Board review it prior to voting on the item.
Councilmember Cunniff stated he has yet to review the complaint in enough detail to determine
whether it is substantive; therefore, he would support postponement.
Councilmember Pignataro stated she would support the postponement, but noted the complaint
was filed at 3:00 PM today which she found to be disrespectful to the citizens who wanted to
speak. She expressed concern this type of late complaint filing would become the norm.
Councilmember Gutowsky stated she would support the postponement to honor Mayor Pro Tem
Stephens’ desires.
Councilmember Summers requested information as to the requirements for Council to hear this
item. City Attorney Daggett replied the main governing requirement is that the Charter requires
Councilmembers to disclose conflicts of interest and refrain from participating in a vote once a
conflict has been determined. The Ethics Review Board provisions do not speak to the effect of
the Ethics Review process on pending items; therefore, the appropriate way to proceed is left to
Council's discretion.
Councilmember Summers stated he would oppose the postponement as he views it as a delay
tactic.
RESULT: SECOND READING OF ORDINANCE NO. 138, 2019, POSTPONED TO MARCH
17, 2020 [5 TO 2]
MOVER: Ross Cunniff, District 5
SECONDER: Kristin Stephens, District 4
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Cunniff
NAYS: Summers, Troxell
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
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19. Items Relating to the College and Drake Urban Renewal Plan. (Adopted as Amended)
A. Public Hearing and Resolution 2020-012 Accepting and Adopting the College and Drake Existing
Conditions Survey, Making Findings Determining that the Surveyed Area is Blighted and
Designating the Area as Appropriate for an Urban Renewal Project.
B. Public Hearing and Resolution 2020-013 Approving the College and Drake Urban Renewal Plan
and Making Findings in Support of that Approval.
The purpose of this item is to consider approval of and Urban Renewal Plan (Plan) for an area
containing 13 parcels of land around the intersection of College Avenue and Drake Road (Plan Area).
The objective of the Plan is for the Fort Collins Urban Renewal Authority (Authority) to commence an
urban renewal project in the Plan Area to remediate the unfavorable existing conditions within it and
to prevent further deterioration by implementation of the relevant provisions contained in the following
documents:
• City Plan (City of Fort Collins Comprehensive Plan), 2019
• Transit Master Plan, 2019
• Midtown Plan, 2013
• City of Fort Collins Master Street Plan, 2013
The Plan intends to stimulate private sector development and redevelopment in and around the Plan
Area with a combination of private investment, Authority financing and public investment. Staff
prepared an Existing Conditions Survey with assistance from Economic Planning Systems (Survey).
The Survey found six conditions of blight within the Plan Area, which conditions satisfy the
requirements of the Colorado Urban Renewal Law (Urban Renewal Law) for approving an urban
renewal plan. Authority staff collaborated with staff of the other 8 taxing entities levying a property tax
within the Plan Area and created a list of eligible projects this Plan could fund to remediate the blight
conditions found by the Survey. Seven of the taxing entities have reached agreement with the Authority
on its tax increment allocation in accordance with the Urban Renewal Law. The Authority and the
remaining taxing entity, the Poudre School District (PSD), could not reach an agreement on the
allocation of PSD’s tax increment, so the parties conducted the binding mediation required under the
Urban Renewal Law and the results of that mediation have been incorporated into the Plan. Both the
Planning and Zoning Board and the Authority’s Board have reviewed the Plan and recommend
approval of it.
Clay Frickey, Redevelopment Program Manager, discussed the location of the College and Drake
Urban Renewal Plan and reviewed the necessities for forming an urban renewal plan area. He
discussed the Plan’s alignment with overall City plans and detailed the tax increment financing
plan.
Eric Sutherland stated 5% of all tax dollars attributable to Poudre School District are diverted
presumably for the cure of urban blight in an area that he stated is free of urban blight. He argued
this Council cannot bind future Councils in terms of making obligations or contracts that cannot
be undone.
Adam Eggleston requested information regarding which properties may or may not be taken by
eminent domain and who the lead in overall sustainability regulations would be for this project.
Kathryn Dubiel requested clarification regarding how the assignment of public dollars to this
project can serve Council and community priorities related to affordable housing.
Eric Davis opposed the use of eminent domain.
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City of Fort Collins Page 380
Mayor Troxell requested staff address the scope of the eminent domain issue. Frickey replied staff
does not anticipate using eminent domain at this point; it is just one of the aspects of the state
statute dealing with urban renewal authorities. He also noted there is nothing specifically in the
urban renewal plan that addresses LEED standards or other green building requirements. The Plan
Area Review Commission contemplated adding affordable housing as part of the list of projects
to be funded by this Plan; however, it was not selected for funding.
Josh Birks, Economic Health Director, stated the Urban Renewal Authority has intergovernmental
agreements with each of the taxing entities. In the Larimer County Intergovernmental Agreement
(IGA) there is a commitment for the Urban Renewal Authority to try to ensure the delivery of
some amount of affordable housing as part of the project. By Council authorizing this Plan, the
Urban Renewal Authority will be able to hear requests for how that tax increment might be able
to support individual private projects, and it would be at that time that the conversation around the
specific amount of affordable housing to both meet that commitment to the Larimer County IGA,
and to meet community objectives, could be further discussed.
Mayor Troxell noted eminent domain is always a last resort and has very rarely been used in Fort
Collins. Tax increment financing is for specific public benefits.
Councilmember Cunniff agreed eminent domain is used as a last resort and asked if the Urban
Renewal Authority has ever used it. Birks replied he could not recall a specific instance in which
it was used by the Authority. He stated that while this Plan does authorize the Urban Renewal
Authority to use eminent domain, that action would also require City Council's consent.
Councilmember Cunniff asked which properties could be subject to eminent domain. Frickey
replied there are only 13 parcels within the Plan area, most of which are owned by two property
owners.
Councilmember Cunniff stated a provision related to not binding future Councils is written into
most agreements and agreed a future City Council cannot be obligated to remediate sales tax to
the Urban Renewal Authority. Deputy City Attorney John Duval stated the agreements in this
case are governed by the urban renewal law and the URA is not bound by the same types of
limitations such as TABOR or charter provisions. The Courts have recognized that they can enter
into multi-year fiscal obligations that are binding in terms of the payment of the tax increment.
Duval stated the case referenced by Mr. Sutherland deals with situations controlled by charter and
code provisions that are not in play when looking at the urban renewal law, which does authorize
multi-year fiscal obligations.
Councilmember Summers opposed the use of eminent domain for private development and noted
this is a plan which could still include modifications. He asked when it is anticipated that specific
proposals for development will occur, assuming this moves forward. Frickey replied development
applications for both the King Soopers site and Spradley Barr site have lapsed; therefore, both
properties would need to go through the development review process from the beginning. Any
type of construction would likely be a few years away, depending on when development proposals
are submitted. The Plan covers this land for 25 years.
Councilmember Pignataro asked why the development proposals lapsed. Frickey replied some
type of action must be taken within 6 months of submitting a development application.
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Councilmember Pignataro commented on the unique aspects of the site related to transit and its
central location. Frickey noted there are several contemplated transit-oriented projects that the
plan could help fund.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Resolution 2020-012.
Councilmember Cunniff stated he would support the Plan despite having concerns about the
proposed hotel project. He noted this would provide an avenue toward funding certain desired
infrastructure improvements.
Councilmember Gutowksy stated she would support the Plan, noting infrastructure improvements
in the area would provide definite public benefit.
Mayor Pro Tem Stephens stated this area is blighted and she will support the Resolution.
Mayor Troxell clarified he does not have any type of financial interest in this property despite a
parcel in the plan area being owned by CSU.
Mayor Pro Tem Stephens clarified she does not have any type of financial interest in this property
despite a parcel in the plan being owned by CSU.
RESULT: RESOLUTION 2020-012 ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2020-013 as amended.
City Attorney Daggett outlined the amendments to the Resolution.
Mayor Pro Tem Stephens thanked the URA Board and commended the discussion on the issue.
RESULT: RESOLUTION 2020-013 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
20. First Reading of Ordinance No. 020, 2020, Repealing and Reenacting Chapter 2, Article II,
Division 3 of the Code of the City of Fort Collins Relating to Procedures for Appeals to the City
Council. (Adopted on First Reading)
The purpose of this item is to propose changes to the City Council appeals procedure contained in
City Code in order to clarify aspects of the appeals procedure and to improve the appeals process.
City Clerk Delynn Coldiron stated the proposed changes to the Appeals Code are meant to clarify
aspects of the Code and improve the overall appeals process. She outlined the proposed changes
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to the process for Council to hear appeals and discussed the public outreach efforts and resulting
comments, as well as input received from the Planning and Zoning Board.
Paul Patterson commented on his experience as an appellant in a 2013 appeal. There is a
discrepancy in the level of understanding of the development review and appeals processes
between the applicant, usually a developer, and an appellant.
Eric Sutherland commended City Clerk Coldiron's work in facilitating public outreach; however,
her hands were tied as the scope of this issue was determined by the City Attorney's Office before
she began work on it.
Kathryn Dubiel commented on various proposed changes. The Council site visit should be
facilitated by a third party. She opposed any meetings between City staff and developer team
during hearing recesses, opposed staff comments occurring during rebuttal, and supported all
Planning and Zoning Board recommendations, including not allowing consolidation of appeals.
New evidence should be due at the same time by both parties. She opposed the staff presentation
at the beginning of an appeal hearing.
Councilmember Cunniff clarified proposed changes related to the submission of new evidence.
He requested staff presentations be strictly on the appeal allegations and timeline without any type
of advocacy. City Manager Atteberry replied staff makes every effort to not advocate for a position
and be as objective as possible.
Councilmember Pignataro requested clarification related to the default consolidation of appeals
and asked how often appeals occur. City Manager Atteberry replied appeals occur generally a
couple times per year. City Attorney Daggett clarified there are frequently single appeals with
multiple appellants; consolidation of appeals would occur if two or more completely separate
appeals are filed. She stated that occurs perhaps half of the time appeals occur.
Councilmember Pignataro asked how much time would be saved by going to an automatic
consolidation. City Attorney Daggett outlined some of the concerns with consolidation brought
forth by the Planning and Zoning Board. She stated the efficiency in consolidating appeals comes
in consolidating the staff overview and in creating an entirely separate record of appeal.
Councilmember Pignataro stated she would support doing without a staff presentation.
Councilmember Gutowsky commented on the imbalance of resources that can occur during appeal
hearings and encouraged the formation of some type of “Appeals 101” course to give citizen
appellants the resources they may need to help them be better prepared to make an appeal.
Councilmember Summers supported maintaining the option to consolidate appeals without
objection and supported maintaining staff presentations. He stated it is part of City staff’s jobs to
work with developers.
Mayor Troxell noted there is staff who is available to work with citizen appellants to help them
through the process. He also noted it is possible for citizens to retain legal counsel to help
advocate.
City Attorney Daggett noted there is an appeal guideline documents prepared by the City Clerk's
Office and the plan is to work on that document to make it as user-friendly as possible once these
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City of Fort Collins Page 383
Code changes have been made. It will be made very clear that appellants can seek their own legal
or professional assistance.
Councilmember Cunniff stated he is supportive of the changes, but would like to see options for
appeal consolidation language. He discussed the importance of making the Land Use Code and
building codes as accessible and understandable as possible.
Councilmember Gorgol asked if appeal consolidation can simply be a conversation that can be had
at the time appeals come in. City Attorney Daggett replied there have been occasions where
appellants object to the proposed consolidation of appeals and the appeals process does not have a
lot of room for debate and decision-making outside of the hearing itself.
Mayor Troxell stated the consolidation should remain within Council's purview.
Councilmember Gorgol asked if any evaluation with the appellant occurs following an appeal
process. City Attorney Daggett replied there is often informal follow-up; however, there is not an
organized process for requesting responses. She noted hearings under the Land Use Code that are
set by the procedural provisions of the Code and appeal hearings are different from one another
procedurally.
Councilmember Summers agreed the decision on appeal consolidation should remain in Council's
purview.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 020, 2020, on First Reading.
Mayor Pro Tem Stephens thanked the speakers and those who have provided public input. She
stated the imbalance of knowledge needs to be corrected by ensuring citizens have knowledge of
and access to staff support and necessary documents. She asked if the City Attorney’s webpage
contains a list of affordable legal service contacts. City Attorney Daggett replied there is a list of
available legal aid resources, but she acknowledged they are limited, and she is not aware of active
involvement of those types of services in land use decisions.
Mayor Pro Tem Stephens supported maintaining the staff presentation as it provides background
information and context to members of the public who are watching.
Councilmember Cunniff stated he would support the ordinance.
RESULT: ORDINANCE NO. 020, 2020, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• OTHER BUSINESS
Councilmember Cunniff received Council support to direct the City Attorney to return with options
for a process to consider ethics objections that come late in the process to be partially scheduled
as appropriate without delaying Council’s ability to hear an item, while still respecting the ethics
provisions of the Charter.
January 21, 2020
City of Fort Collins Page 384
Mayor Troxell noted the requirement for recusal is upon the individual, not the Ethics Review
Committee, and stated there is recourse if a subsequent decision by the Committee on a complaint
finds a conflict.
City Attorney Daggett stated her office will work on brainstorming as wide a range of options as
possible.
a. Motion to Adjourn to Executive Session.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, that the City
Council go into executive session for the purpose of meeting with the City Attorney and City
Management staff to discuss specific legal questions related to litigation regarding the Electric
Utility Enterprise bonds as permitted under City Charter Article 2, Section 11-2, City Code Section
2-31(A)(2), and Colorado Revised Statutes Section 24-6-402(4)(B).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• ADJOURNMENT
The meeting adjourned at 10:17 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 385
February 4, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Gorgol, Stephens, Troxell, Cunniff
ABSENT: Pignataro, Gutowsky, Summers
Staff Present: Atteberry, Daggett, Coldiron
A. Presentation of Service Enterprise Certification Award. (staff: Sue Schaffer)
Kristy Judd, Spark the Change Colorado CEO, Points of Light Foundation's service enterprise hub,
presented a certificate of recognition to the City of Fort Collins as being a Service Enterprise, a
national accreditation for volunteer programs.
Sue Schaffer recognized the City's volunteer managers.
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry withdrew Item No. 5, Second Reading of Ordinance No. 020, 2020,
Repealing and Reenacting Chapter 2, Article II, Division 3 of the Code of the City of Fort Collins
Relating to Procedures for Appeals to the City Council, for placement on the Discussion Agenda.
He also stated Council will consider a motion to adjourn to February 11 for a possible executive
session.
• PUBLIC COMMENT
William Cutcher stated he is running for Congressional District 2 and wants to help others
overcome difficulties.
Glen Akins stated he has always championed for the City’s broadband effort and stated it will be
successful with proper marketing. He requested the pace of installation be increased.
Sarah Bayer, Polaris School, discussed a research study her students completed on microplastics
in the water shed.
Nora Mooney, Polaris School, discussed some of the results of the microplastics study and stated
single use plastics use needs to be decreased.
Eric Sutherland stated the City should have placed fiber cables when it undergrounded utility lines.
The current broadband effort is one of the largest public policy failures in Colorado municipal
history. The issue needs to be addressed pragmatically and on an accounting basis.
Robyn Dolgin thanked the City for its commendable efforts to account for and reduce community-
wide greenhouse gas emissions. She requested Council direct staff to start counting and working
toward reducing all fluorinated gas emissions within the city limits.
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City of Fort Collins Page 386
Fred Kirsch read a statement on behalf of the Fort Collins Sustainability Group stating Broadcom
is currently responsible for over 8% of the fluorinated greenhouse gas emissions in Fort Collins
and the City should count fluorinated gases in its greenhouse gas inventory.
Doug Henderson, Sierra Club Poudre Canyon Group, expressed support for the City’s efforts to
reduce climate impacts but stated Broadcom's fluorinated gas emissions should be included in the
City's greenhouse gas accounting.
Marisol Jackson, New Hope Youth Ranch, discussed the goals of the Ranch to build in Fort Collins
and discussed the lack of social advocacy for students and working-class citizens.
Julie Rowan-Zock stated Broadcom's fluorinated gas emissions should be included in the City’s
greenhouse gas accounting.
Elizbeth Hudetz discussed toxic waste produced by oil and gas wells and stated Broadcom’s
fluorinated gas emissions should be included in the City's greenhouse gas accounting.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments, noting there will be a quarterly community
report on the broadband service forthcoming and that fluorinated gases are monitored at the state
level.
City Manager Atteberry noted there is a plastics pollution item on next Tuesday’s work session,
there will be a quarterly report forthcoming on Connexion, and Lucinda Smith can speak to the
fluorinated gases issue.
Lucinda Smith, Environmental Services Director, stated the City's greenhouse gas emissions are
currently reported at a basic level using a standardized protocol. There is another expanded level
of reporting available which includes industrial product and process emissions, including
fluorinated gases. EPA reporting has indicated Broadcom is the single largest source of those
emissions in Fort Collins; however, those emissions have decreased over the last several years as
abatement devices have been installed.
Smith stated staff is looking at what might be an appropriate threshold for bringing those emissions
into the City's inventory and through Our Climate Future, staff will be seeking input on what kinds
of metrics are the best to measure and track progress on this issue. Staff anticipates providing a
report by the end of the quarter.
Councilmember Cunniff noted the expanded level of reporting includes a clause that it could track
industrial product and process emissions if there are unique circumstances. There could be an
argument that a large electronics manufacturer such as Broadcom could be a unique circumstance.
Councilmember Cunniff asked when the first report on Connexion should be expected. City
Manager Atteberry replied he believes it will be just after the first quarter of the calendar.
• CONSENT CALENDAR
Mayor Troxell noted there are several public hearings on the Consent Agenda.
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City of Fort Collins Page 387
Eric Sutherland withdrew Item Nos. 2, Second Reading of Ordinance No. 017, 2020, Amending
Article IV of Chapter 8 of the Code of the City of Fort Collins Relating to the City's Purchasing
and Contracting Procedures and Requirements, and 7, First Reading of Ordinance No. 022, 2020,
Amending Chapter 19 of the Code of the City of Fort Collins Regarding Municipal Court, from
the Consent Agenda.
Mayor Pro Tem Stephens 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: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Gorgol, Stephens, Troxell, Cunniff
ABSENT: Pignataro, Gutowsky, Summers
1. Second Reading of Ordinance No. 016, 2020, Adopting the 2020 Amended Classified Employee
Pay Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement
with the Fraternal Order of Police. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 21, 2020, amends the 2020 City
Classified Employee Pay Plan based on an annual market analysis conducted as agreed upon through
the 2019-2021 Collective Bargaining Agreement with the Northern Colorado Lodge #3 of the Fraternal
Order of Police (FOP).
2. Second Reading of Ordinance No. 018, 2020, Authorizing the Sale of the Real Property Located
at 906 East Stuart Street to Planet Scale Limited. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 21, 2020, authorizes the sale of
the City-owned property located at 906 East Stuart Street to Planet Scale Limited, a Colorado limited
liability company, for $291,000. The City has no current or future identified use for the property and
disposition of the property will eliminate the City’s ongoing maintenance expenses and liability risk.
3. Second Reading of Ordinance No. 019, 2020, Designating the Buildings of Lots 25 and 26, Block
111 (155 West Mountain Avenue and 130 South Mason Street), Known as the Fort Collins
Express/McCormick Building and the McCormick Apartments, 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 it is considered on the discussion agenda, it will be considered
in accordance with the procedures described in Section 1(f) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2019-064.
This Ordinance, unanimously adopted on First Reading on January 21, 2020 designates the property
on Lots 25 and 26, Block 111, (155 West Mountain Avenue), including the Fort Collins
Express/McCormick Building and McCormick Apartments, as a Fort Collins Landmark. This is a
voluntary designation at the owner’s request.
4. First Reading of Ordinance No. 021, 2020, Making Appropriations and Authorizing Transfers of
Appropriations for the Restorative Justice Services Program. (Adopted)
The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within
Community Development and Neighborhood Services (CDNS). A grant in the amount of $33,803 has
been awarded from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the
continued operation of Restorative Justice Services, which includes the RESTORE program for
shoplifting offenses, the Restorative Justice Conferencing Program (RJCP) and the Reflect Program
for all other offenses. This amount is the remainder of the total 2019-2020 amount of $67,612. The
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City of Fort Collins Page 388
first portion, $33,809, was appropriated through the 2019 Annual Adjustment Ordinance. This second
portion covers expenses incurred January 1, 2020-June 30, 2020. The total grant amount is being
appropriated in two separate Ordinances due to changes in state law, which affected the state grant
award process. State partners were only able to guarantee half the grants funds in 2019, and then
later guaranteed the second half of the funds.
The required local match is $22,537, which is 25% of the total funding. This will be met by appropriating
$5,370 in cash match funds from the CDNS operating budget previously designated for Restorative
Justice Services. No cash match funds for this grant were appropriated in 2019, so this cash match
appropriation meets the requirement. The rest of the match is in-kind, designated from the City in the
form of office space for grant funded services; $8,584 in office space was met in 2019, and the
remaining $8,584 in office space will be met in 2020. The grant period is July 1, 2019, to June 30,
2020. This is the third year in a 3-year cycle for the Juvenile Diversion grant.
5. Items Relating to Updating Certain Minor Code Violations and Related Penalties. (Adopted)
A. First Reading of Ordinance No. 023, 2020, Amending the Code of the City of Fort Collins to
Reclassify Certain Offenses as Petty Offenses and Update the Potential Monetary Penalty for
Code Violations.
B. First Reading of Ordinance No. 024, 2020, Amending Section 17-102 of the Code of the City of
Fort Collins Regarding the Offense of Throwing Missiles.
The purpose of this item is to reclassify some misdemeanors as petty offenses, update and simplify
the maximum possible fine for all types of offenses and amend the throwing missiles offense to reflect
behavior that threatens safety and not simply any throwing of anything.
6. First Reading of Ordinance No. 025, 2020, Amending Various Sections of the Fort Collins Traffic
Code. (Adopted)
The purpose of this item is to ensure that the Fort Collins Traffic Code is consistent with Colorado
traffic laws.
7. Items Relating to the Soldier Canyon Pump Station Annexation. (Adopted)
A. Resolution 2020-014 Setting Forth Findings of Fact and Determinations Regarding the Soldier
Canyon Pump Station Annexation.
B. Public Hearing and First Reading of Ordinance No. 026, 2020, Annexing the Property Known as
the Soldier Canyon Pump Station Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex the tract of land known as the Soldier Canyon Pump Station
Annexation, located at 4316 Laporte Ave. The Applicant, Platte River Power Authority, has submitted
a written petition requesting the annexation. The purpose of the annexation is to allow the Soldier
Canyon Pump Station to be served by Fort Collins Light and Power, rather than Xcel Energy. This is
a voluntary annexation. The Soldier Canyon Pump Station Annexation totals 0.702 acres; it achieves
the required 1/6 perimeter boundary contiguity with the existing municipal boundaries to the north,
west and south. The site is enclosed on three sides by the City of Fort Collins Water Treatment
Facility at 4316 Laporte Avenue. The annexation would incorporate the site into Fort Collins’
municipal boundaries, as well as the Residential Neighborhood Sign District. A related item to zone
the annexed property is presented as the next item on this Agenda.
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City of Fort Collins Page 389
8. Public Hearing and First Reading of Ordinance No. 027, 2020, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Soldier
Canyon Pump Station Annexation to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map. (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 2019-064.
The purpose of this item is to apply a zoning to the property included in the annexation known as the
Soldier Canyon Pump Station Annexation. Soldier Canyon Pump Station Annexation, owned by the
Platte River Power Authority, is located adjacent to the City of Fort Collins Water Treatment Facility
at 4316 Laporte Avenue and is 0.702 acres in size. The proposed zoning for this annexation is
Residential Foothills (R-F). The surrounding uses include the existing City Water Treatment Plant to
the north, south and west, and Colorado State University Solar Farm to the east. The abutting City
limits to the north, south and west are zoned Residential Foothills (R-F). Staff also recommends
placement into the Residential Neighborhood Sign District.
9. Items Relating to the Timberline-International Annexation No. 1 (Adopted)
A. Resolution 2020-015 Setting Forth Findings of Fact and Determinations Regarding the
Timberline-International Annexation. No. 1.
B. Public Hearing and First Reading of Ordinance No. 028, 2020, Annexing the Property Known as
the Timberline-International Annexation No. 1 to the City of Fort Collins, Colorado.
The purpose of this item is to annex the first of three sequential tracts of land known collectively as the
Timberline-International Annexations. Timberline-International Annexation No. 1 consists of 0.09 acres
of North Timberline Road right-of-way and establishes the required 1/6 contiguity with existing City
limits. Timberline-International Annexation No. 1, located northeast of the North Timberline Road and
International Boulevard intersection, would incorporate the property into Fort Collins’ municipal
boundaries, as well as into the Residential Neighborhood Sign District. A related item to zone the
annexed property is presented as the next item on this Agenda.
10. Public Hearing and First Reading of Ordinance No. 029, 2020, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Timberline-International Annexation No. 1 to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map. (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 2019-064.
The purpose of this item is to apply zoning to the property included in the first of three sequential
annexations, known as the Timberline-International Annexation No.1. Timberline-International
Annexation No. 1 is located northeast of the North Timberline Road and International Boulevard
intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are
existing industrial land uses currently zoned I-Industrial Zoning District (in Larimer County) to the
north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use
Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also recommends
placement into the Residential Neighborhood Sign District.
11. Items Relating to the Timberline-International Annexation No. 2 (Adopted)
A. Resolution 2020-016 Setting Forth Findings of Fact and Determinations Regarding the
Timberline-International Annexation. No. 2.
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City of Fort Collins Page 390
B. Public Hearing and First Reading of Ordinance No. 030, 2020, Annexing the Property Known as
the Timberline-International Annexation No. 2 to the City of Fort Collins, Colorado.
The purpose of this item is to annex the second of three sequential tracts of land known collectively
as the Timberline/International Annexations. Timberline/International Annexation No. 2 consists of
0.86-acres of North Timberline Road and International Boulevard right-of-way, which establishes the
required 1/6 contiguity with existing City limits (Timberline-International Annexation No. 1).
Timberline-International Annexation No. 2, located northeast of the North Timberline Road and
International Boulevard intersection, would incorporate the property into Fort Collins’ municipal
boundaries, as well as into the Residential Neighborhood Sign District. A related item to zone the
annexed property is presented as the next item on this Agenda.
12. Public Hearing and First Reading of Ordinance No. 031, 2020, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Timberline-International Annexation No. 2 to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map. (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 2019-064.
The purpose of this item is to apply zoning to the property included in the second of three sequential
annexations, known as the Timberline-International Annexation No. 2. Timberline-International
Annexation No. 2 is located northeast of the North Timberline Road and International Boulevard
intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are
existing industrial land uses currently zoned I-Industrial Zoning District (in Larimer County) to the
north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use
Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also recommends
placement into the Residential Neighborhood Sign District.
13. Items Relating to The Timberline-International Annexation No. 3 (Adopted)
A. Resolution 2020-017 Setting Forth Findings of Fact and Determinations Regarding the
Timberline-International Annexation. No. 3.
B. Public Hearing and First Reading of Ordinance No. 032, 2020, Annexing the Property Known as
the Timberline-International Annexation No. 3 to the City of Fort Collins, Colorado.
The purpose of this item is to annex the third of three sequential tracts of land known collectively as
the Timberline-International Annexations. Timberline-International Annexation No. 3 consists of 1.39-
acres, which establishes the required 1/6 contiguity with existing City limits (Timberline-International
Annexation No. 2). Timberline-International Annexation No. 3, located northwest of the North
Timberline Road and International Boulevard intersection, would incorporate the property into Fort
Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District. A related
item to zone the annexed property is presented as the next item on this Agenda.
A citizen has asserted that the annexation petition does not comply with statutory requirements
because less than fifty percent of the landowners in the area to be annexed who own more than fifty
percent of the area, excluding public streets, alleys, and City owned land, signed the annexation
petition, if deed-of-trust holders are treated as owners. Staff does not agree that deed-of-trust holders
are considered owners for this purpose and believes the petitioner has satisfied all annexation
requirements.
February 4, 2020
City of Fort Collins Page 391
14. First Reading of Ordinance No. 033, 2020, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Timberline-International
Annexation No. 3 to the City of Fort Collins, Colorado, and Approving Corresponding Changes
to the Residential Neighborhood Sign District Map. (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 2019-064.
The purpose of this item is to zone the property included in the third of three sequential annexations,
known as the Timberline-International Annexation No.3. Timberline-International Annexation No. 3
is located northeast of the North Timberline Road and International Boulevard intersection. The
proposed zoning for this annexation is Industrial (I). The surrounding properties are existing industrial
land uses currently zoned I-Industrial Zoning District (in Larimer County) to the north, south and west.
The abutting City limit to the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and
consists of North Timberline Road right-of-way. Staff also recommends placement into the
Residential Neighborhood Sign District.
15. Resolution 2020-018 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties
Within the Territory of the Poudre Valley Fire Protection District and Authorizing an
Intergovernmental Agreement with Said District. (Adopted)
The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District
Court to exclude properties annexed into the City in 2019 from the Poudre Valley Fire Protection
District (the District) in accordance with state law. The properties affected by this Resolution are the
Kechter Enclave Annexation, Trilby Substation Enclave Annexation, Friendly Fire Enclave Annexation
and Strauss Cabin Enclave Annexation. C.R.S. Section 32-1-502 requires an order of exclusion from
the District Court to remove these annexed properties from special district territories. The properties
have been receiving fire protection services from the Poudre Fire Authority and will continue to do so.
The City Attorney’s Office files the petition in Larimer County District Court each year seeking exclusion
for all properties annexed in the previous year that should be removed from the District to avoid double
taxation.
• STAFF REPORTS
A. Water Reclamation and Biosolids Platinum Certification. (staff: Jason Graham)
Kevin Gertig, Utilities Executive Director, discussed Meadow Springs Ranch, which has been
owned by Fort Collins since the 1990s.
Jason Graham, Drake Wastewater Plant Operations Director, stated the City's water reclamation
biosolids division earned a platinum recognition for its work from the National Biosolids
Partnership Program.
• COUNCILMEMBER REPORTS
Councilmember Gorgol reported on attending the County's input session on vaping and the City's
“Strategic Doing” event.
Councilmember Cunniff reported on the URA Board retreat and on receiving a check from Friends
of the Senior Center for a new sound system in one of the meeting rooms.
Mayor Pro Tem Stephens reported on a visit to Riffenburgh Elementary School.
February 4, 2020
City of Fort Collins Page 392
Mayor Troxell reported on the Police Services awards ceremony, a meeting of the Northern
Colorado Regional Airport Commission, and the State of the City address.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
16. Second Reading of Ordinance No. 020, 2020, Repealing and Reenacting Chapter 2, Article II,
Division 3 of the Code of the City of Fort Collins Relating to Procedures for Appeals to the City
Council. (Adopted as Amended on Second Reading)
This Ordinance, unanimously adopted on First Reading on January 21, 2020, amends the City Council
appeals procedure contained in City Code in order to clarify aspects of the appeals procedures and to
improve the appeals process.
City Attorney Daggett stated there was a change discussed when this Ordinance was considered
on First Reading which related to the question of consolidation of appeals when there are multiple
appeals of one decision. Council received a memo from the City Clerk's Office that included
suggested language for amendments to the Ordinance that would more clearly specify that when
Council is considering procedural issues at the beginning of the appeal hearing, the issue of
consolidation of appeals would be discussed. She outlined the specific wording changes.
Eric Sutherland stated it does not matter what is in the Code if Council is not following the law
concerning appeals, which he stated it has not done in the past. The scope of this change missed
the point and optimum planning outcomes are not occurring in this community because the
processes do not provide a method to bring people together to determine what the community
should become.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 020, 2020, on Second Reading, as amended.
Councilmember Cunniff stated he would support the motion and commended the changes. He
stated there is more work that can be done in terms of providing support to citizens filing appeals.
Mayor Pro Tem Stephens agreed with Councilmember Cunniff and stated work on the process can
be done to make it fairer for community members. Councilmember Gorgol agreed.
Mayor Troxell stated he would support the motion as it is related to appeals further in the process.
He stated citizens have many opportunities for public input starting very early in the development
review process.
RESULT: ORDINANCE NO. 020, 2020, ADOPTED AS AMENDED ON SECOND READING
[UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Gorgol, Stephens, Troxell, Cunniff
ABSENT: Pignataro, Gutowsky, Summers
February 4, 2020
City of Fort Collins Page 393
• DISCUSSION ITEMS
17. First Reading of Ordinance No. 034, 2020, Amending Chapter 1 of the Code of the City of Fort
Collins to Establish Standards for Sentences to Probation and Deferred Judgments and
Sentences. (Adopted on First Reading)
The purpose of this item is to amend Chapter 1 of the City Code to describe how probation will be
used in Municipal Court as a new sentencing alternative and to codify procedures for deferred
judgment and sentencing dispositions.
Patty Netherton, Municipal Court Administrator, stated Judge Kathleen Lane's alternative
sentencing options aim to promote public safety and reduce recidivism while balancing
accountability and compassion. She discussed existing alternative sentencing options and stated
an enhancement budget offer was approved to add a new 0.75 FTE probation officer in early 2020.
Goals for this position are to include a greater compliance with court-ordered programs, reducing
repeat offenses, utilizing rehabilitative options and methods, and facilitating public safety.
Netherton discussed the experience of the recently hired probation officer.
Mayor Pro Tem Stephens commended the alternative sentencing program and requested additional
information as to how this will work with special agency session. Netherton replied there will not
be much difference to the defendant if he or she is going into the special agency session; however,
the intent is for that to become part of the whole probation division so the supervision of those
individuals can be divided.
Councilmember Gorgol requested additional information on the behavior-based education classes
and their impact on recidivism. Jill Hueser, Assistant City Attorney, discussed some of the
education classes and their impacts.
Councilmember Gorgol asked if childcare and transportation are offered. Hueser replied the
classes are offered by other agencies and she is not aware those services are offered; however,
some individuals have been authorized to go through online courses.
Mayor Troxell requested additional information as to the desired outcomes. Hueser replied the
populations that would be supervised by the probation officer would be first-time offenders with
deferred sentences and individuals who need more specialized and individualized treatment.
Recidivism reduction and moving people toward resources are the main goals.
Mayor Troxell discussed the importance of outcomes-based data.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 034, 2020, on First Reading.
Mayor Pro Tem Stephens agreed barriers to attending courses should be addressed per
Councilmember Gorgol's comments.
Councilmember Cunniff stated this is a good tool to help individuals unwind from mistakes.
February 4, 2020
City of Fort Collins Page 394
RESULT: ORDINANCE NO. 034, 2020, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Gorgol, Stephens, Troxell, Cunniff
ABSENT: Pignataro, Gutowsky, Summers
18. First Reading of Ordinance No. 035, 2020, Appropriating Prior Year Reserves to Purchase
Property on North College Avenue for the Affordable Housing Land Bank. (Adopted on First
Reading)
The purpose of this item is to appropriate funds for the purchase of an approximately 5-acre parcel of
land just west of North College Avenue for the City's affordable housing Land Bank Program.
Deputy City Manager Jeff Mihelich noted affordable housing is one of Council's most critical
priorities and this item involves the potential acquisition of land along North College Avenue for
the Land Bank. This will ultimately lead to the construction of at least 75 new affordable units in
Fort Collins.
Sue Beck-Ferkiss, Social Policy and Housing Program Manager, detailed the Land Bank Program,
stating it is Fort Collins’ only long-term affordable housing incentive. This is the first land bank
parcel north of Vine Drive.
Eric Sutherland stated the agenda item summary does not immediately suggest this land is going
to be suitable for this type of intense housing. More money will be spent on water taps than on
the land itself.
Luke Lee Fetridge stated he has been working on this project as the real estate representative for
the seller and discussed the process leading up to this point, noting Council’s priority aligns well
with that of the North Fort Collins Business Association. He stated this fills a niche in the north
Fort Collins area that does not currently exist.
Mayor Pro Tem Stephens asked if the plan is for multi-family housing. Beck-Ferkiss replied the
parcel is zoned CS, which is very generous with density; therefore, the constraints of the site will
be the determining factor in the number and type of housing units.
Mayor Pro Tem Stephens asked how water is addressed for affordable housing units. Beck-Ferkiss
replied budgeting offers have been made in the past to provide water to land bank properties and
preliminary discussions have been held regarding a water bank. She noted the land bank does own
water shares but would like to explore other options.
Mayor Troxell asked about infrastructure requirements and whether the URA could participate in
the property. Mihelich replied in the affirmative and stated the property is well suited for
additional infrastructure enhancements including off-site stormwater management on an adjacent
City-owned property.
Mayor Troxell asked how the floodplain will impact this property. Mihelich replied it will not
specifically impact this property, though more aggressive stormwater improvements are planned
for the Mason corridor.
February 4, 2020
City of Fort Collins Page 395
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 035, 2020, on First Reading.
Councilmember Gorgol stated she would support the motion as a win-win situation and
encouraged further discussion of a water bank.
Mayor Pro Tem Stephens stated this is a good opportunity to add a land bank property and she
commended the Villages on Horsetooth project.
RESULT: ORDINANCE NO. 035, 2020, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Gorgol, Stephens, Troxell, Cunniff
ABSENT: Pignataro, Gutowsky, Summers
19. First Reading of Ordinance No. 036, 2020, Appropriating Unanticipated Grant Revenue and
Authorizing Transfers in the Natural Areas Fund for the Club Outdoors Program. (Adopted on
First Reading)
The purpose of this item is to appropriate a $70,660 grant awarded by the D.R. & V. Pulliam Charitable
Trust into the Natural Areas Department’s 2020 budget. This grant was awarded to support Club
Outdoors, an after-school and summer program that connects Boys & Girls Club members to natural
areas. Most of the grant ($58,400) will be the salary for two summer internships and a new contractual
staff person to run Club Outdoors for one year. The rest of the funds will cover expenses such as
transportation, food, and gear for participants. The grant requires the Natural Areas Department to
cover the benefits costs of the positions, $16,161, a funding match of approximately 22%. The match
will come from previously appropriated Natural Areas Department funds.
Zoe Shark, Interim Natural Areas Director, stated this grant would help to support Council's equity
and inclusion priority and discussed Club Outdoors, which is an after-school and summer program
for Boys and Girls Club members. The grant will allow the Club to expand from bi-weekly to
weekly at three locations and funds associated positions and supplies. She noted the City would
be required to provide benefits for the positions, which is about a 22% match.
Shark discussed the goals of Club Outdoors and stated the Land Conservation and Stewardship
Board agreed with staff’s recommendation to appropriate the funds.
Mayor Troxell commended the program.
Councilmember Cunniff stated environmental protection is also social equity and commended the
program.
Mayor Pro Tem Stephens commended the program and asked how future funding is anticipated.
Shark replied the hope is for renewal of the grant.
Councilmember Cunniff made a motion, seconded by Councilmember Gorgol, to adopt Ordinance
No. 036, 2020, on First Reading.
February 4, 2020
City of Fort Collins Page 396
RESULT: ORDINA NCE NO. 036, 2020, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Emily Gorgol, District 6
AYES: Gorgol, Stephens, Troxell, Cunniff
ABSENT: Pignataro, Gutowsky, Summers
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
20. Second Reading of Ordinance No. 017, 2020, Amending Article IV of Chapter 8 of the Code of
the City of Fort Collins Relating to the City's Purchasing and Contracting Procedures and
Requirements. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on January 21, 2020 adopts revisions to the
purchasing and contracting provisions of the City Code. These changes include:
• Updated language, definitions, descriptions, and processes
• Updated timing of public disclosures
• Update thresholds of authority - minor purchases
• Excluded select contract types for the five (5) year term limit.
Eric Sutherland discussed the advent of streaming television content and opposed the City offering
video content services as part of Connexion.
Mayor Troxell stated the goal of Connexion is to provide a fiber infrastructure and this provides
the ability to provide for some initial services.
City Manager Atteberry noted customers can choose to buy video content, but there is no
requirement to do so.
Councilmember Cunniff noted there is a segment of the population that may be slower to adopt
technology and would prefer this service.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 017, 2020, on Second Reading.
RESULT: ORDINANCE NO. 017, 2020, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Gorgol, Stephens, Troxell, Cunniff
ABSENT: Pignataro, Gutowsky, Summers
21. First Reading of Ordinance No. 022, 2020, Amending Chapter 19 of the Code of the City of Fort
Collins Regarding Municipal Court. (Adopted on First Reading)
The purpose of this item is to make various updates to Chapter 19 of the City Code, which governs
Municipal Court procedures, to bring the City Code into alignment with current Court practices and
legal requirements.
Eric Sutherland stated this provision conflicts with other language in the section and with the City
Charter.
February 4, 2020
City of Fort Collins Page 397
City Attorney Daggett stated the City Charter gives the Municipal Court jurisdiction over all
matters arising under the City's Charter and ordinances.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 022, 2020, on First Reading.
RESULT: ORDINANCE NO. 022, 2020, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Gorgol, Stephens, Troxell, Cunniff
ABSENT: Pignataro, Gutowsky, Summers
• OTHER BUSINESS
A. Motion to adjourn to February 11, 2020.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that Council
adjourn to 6:00 PM on Tuesday, February 11, 2020, for consideration of a possible Executive
Session and for such other business as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Gorgol, Stephens, Troxell, Cunniff
ABSENT: Pignataro, Gutowsky, Summers
• ADJOURNMENT
The meeting adjourned at 8:26 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 398
February 11, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff present: Atteberry, Daggett, Coldiron
1. Consideration of a motion to adjourn into executive session.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that the City
Council go into executive session for the purpose of meeting with the City’s Attorneys and City
Management staff as permitted under City Charter Article II, Section 11(2), City Code Section 2-
31(a)(2) and Colorado Revised Statutes Section 24-6-402(4)(b) to discuss specific legal questions
related to settlement of potential litigation regarding certain police matters.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• ADJOURNMENT
The meeting adjourned at 6:51 p.m.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 399
February 18, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item Nos. 22 through 26 have minor changes and noted Council
will be considering a motion to adjourn to February 25, 2020 to consider an executive session.
• PUBLIC COMMENT
Eric Sutherland commented on Item No. 11, Second Reading of Ordinance No. 035, 2020,
Appropriating Prior Year Reserves to Purchase Property on North College Avenue for the
Affordable Housing Land Bank, stating there is no assurance the City is spending the money in the
most productive manner possible. No input was received from boards and commissions and
suggested a request for proposal could have been utilized to find property.
Melissa Rosas requested the Ethics Review Board meeting currently scheduled for Monday,
February 24 at noon be rescheduled to a later time to allow more individuals to attend or be live-
streamed to allow individuals to watch the meeting.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments and requested staff input as to the rescheduling
of the Citizen Review Board meeting. City Attorney Daggett replied the Ethics Review Board
meeting will be rescheduled to 5:00 PM, Friday, March 6, pending confirmation from one
Councilmember.
• CONSENT CALENDAR
Rich Stave withdrew Item No. 20, Resolution 2020-024 Making Appointments to Various Boards
and Commissions of the City of Fort Collins, from the Consent Agenda.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
February 18, 2020
City of Fort Collins Page 400
1. Consideration and Approval of the Minutes of the January 14, 2020 Adjourned Council Meeting.
(Adopted)
The purpose of this item is to approve the minutes from the January 14, 2020 Adjourned Council
meeting.
2. Second Reading of Ordinance No. 021, 2020, Making Appropriations and Authorizing Transfers
of Appropriations for the Restorative Justice Services Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 4, 2020, appropriates grant
revenue to fund Restorative Justice Services within Community Development and Neighborhood
Services (CDNS). A grant in the amount of $33,803 has been awarded from the Colorado Division of
Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice
Services, which includes the RESTORE program for shoplifting offenses, the Restorative Justice
Conferencing Program (RJCP) and the Reflect Program for all other offenses.
3. Second Reading of Ordinance No. 022, 2020, Amending Chapter 19 of the Code of the City of
Fort Collins Regarding Municipal Court. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 4, 2020, ,amends Chapter 19 of
the City Code, which governs Municipal Court procedures, to bring the City Code into alignment with
current Court practices and legal requirements.
4. Items Relating to Updating Certain Minor Code Violations and Related Penalties. (Adopted)
A. Second Reading of Ordinance No. 023, 2020, Amending the Code of the City of Fort Collins to
Reclassify Certain Offenses as Petty Offenses and Update the Potential Monetary Penalty for
Code Violations.
B. Second Reading of Ordinance No. 024, 2020, Amending Section 17-102 of the Code of the City
of Fort Collins Regarding the Offense of Throwing Missiles.
These Ordinances, unanimously adopted on First Reading on February 4, 202, reclassify some
misdemeanors as petty offenses, update and simplify the maximum possible fine for all types of
offenses and amend the throwing missiles offense to reflect behavior that threatens safety and not
simply any throwing of anything.
A minor edit was made to Code Section 1-15(h) to maintain consistency with Ordinance No. 034, 2020,
regarding the use of probation.
5. Second Reading of Ordinance No. 025, 2020, Amending Various Sections of the Fort Collins
Traffic Code. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 4, 2020, amends the Fort Collins
Traffic Code to ensure the Code is consistent with Colorado traffic laws.
6. Second Reading of Ordinance No. 026, 2020, Annexing the Property Known as the Soldier
Canyon Pump Station Annexation to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 4, 2020, annexes the tract of
land known as the Soldier Canyon Pump Station Annexation, located at 4316 Laporte Ave. The
Applicant, Platte River Power Authority, has submitted a written petition requesting the annexation.
The purpose of the annexation is to allow the Soldier Canyon Pump Station to be served by Fort
Collins Light and Power, rather than Xcel Energy. This is a voluntary annexation. The Soldier Canyon
Pump Station Annexation totals 0.702 acres; it achieves the required 1/6 perimeter boundary
contiguity with the existing municipal boundaries to the north, west and south. The site is enclosed
on three sides by the City of Fort Collins Water Treatment Facility at 4316 Laporte Avenue. The
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City of Fort Collins Page 401
annexation would incorporate the site into Fort Collins’ municipal boundaries, as well as the
Residential Neighborhood Sign District. A related item to zone the annexed property is presented as
the next item on this Agenda.
7. Second Reading of Ordinance No. 028, 2020, Annexing the Property Known as the Timberline-
International Annexation No. 1 to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 4, 2020, annexes the first of three
sequential tracts of land known collectively as the Timberline-International Annexations. Timberline-
International Annexation No. 1 consists of 0.09 acres of North Timberline Road right-of-way and
establishes the required 1/6 contiguity with existing City limits. Timberline-International Annexation No.
1, located northeast of the North Timberline Road and International Boulevard intersection, would
incorporate the property into Fort Collins’ municipal boundaries, as well as into the Residential
Neighborhood Sign District. A related item to zone the annexed property is presented as the next item
on this Agenda.
8. Second Reading of Ordinance No. 030, 2020, Annexing the Property Known as the Timberline-
International Annexation No. 2 to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 4, 2020, annexes the second
of three sequential tracts of land known collectively as the Timberline/International Annexations.
Timberline/International Annexation No. 2 consists of 0.86-acres of North Timberline Road and
International Boulevard right-of-way, which establishes the required 1/6 contiguity with existing City
limits (Timberline-International Annexation No. 1). Timberline-International Annexation No. 2, located
northeast of the North Timberline Road and International Boulevard intersection, would incorporate
the property into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood
Sign District. A related item to zone the annexed property is presented as the next item on this
Agenda.
9. Second Reading of Ordinance No. 032, 2020, Annexing the Property Known as the Timberline-
International Annexation No. 3 to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 4, 2020, annexes the third of
three sequential tracts of land known collectively as the Timberline-International Annexations.
Timberline-International Annexation No. 3 consists of 1.39-acres, which establishes the required 1/6
contiguity with existing City limits (Timberline-International Annexation No. 2). Timberline-
International Annexation No. 3, located northwest of the North Timberline Road and International
Boulevard intersection, incorporates the property into Fort Collins’ municipal boundaries, as well as
into the Residential Neighborhood Sign District. A related item to zone the annexed property is
presented as the next item on this Agenda.
10. Second Reading of Ordinance No. 034, 2020, Amending Chapter 1 of the Code of the City of
Fort Collins to Establish Standards for Sentences to Probation and Deferred Judgments and
Sentences. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 4, 2020, amends Chapter 1 of
the City Code to describe how probation will be used in Municipal Court as a new sentencing
alternative and to codify procedures for deferred judgment and sentencing dispositions.
11. Second Reading of Ordinance No. 035, 2020, Appropriating Prior Year Reserves to Purchase
Property on North College Avenue for the Affordable Housing Land Bank. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 4, 2020, appropriates funds for
the purchase of an approximately 5-acre parcel of land just west of North College Avenue for the City's
affordable housing Land Bank Program.
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City of Fort Collins Page 402
12. Second Reading of Ordinance No. 036, 2020, Appropriating Unanticipated Grant Revenue and
Authorizing Transfers in the Natural Areas Fund for the Club Outdoors Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 4, 2020, appropriates a $70,660
grant awarded by the D.R. & V. Pulliam Charitable Trust into the Natural Areas Department’s 2020
budget. This grant was awarded to support Club Outdoors, an after-school and summer program that
connects Boys & Girls Club members to natural areas. Most of the grant ($58,400) will be the salary
for two summer internships and a new contractual staff person to run Club Outdoors for one year. The
rest of the funds will cover expenses such as transportation, food, and gear for participants. The grant
requires the Natural Areas Department to cover the benefits costs of the positions, $16,161, a funding
match of approximately 22%. The match will come from previously appropriated Natural Areas
Department funds.
13. First Reading of Ordinance No. 040, 2020, Ratifying City Plan and Its Components and
Elements. (Adopted)
The purpose of this item is to ratify by ordinance City Plan and its components and elements as
previously adopted by resolution in order to clarify that City Plan and its components and elements
may be utilized as binding standards when referenced in the Land Use Code. In 2019, Council adopted
an updated version of City Plan to replace the version of City Plan adopted in 2011. The prior City
Plan adopted in 2011 would be ratified solely for purposes of reviewing development applications
submitted prior to the effective date of the current version of City Plan adopted in 2019. For all other
purposes, the version of City Plan adopted in 2019 would be ratified.
14. First Reading of Ordinance No. 037, 2020, Appropriating Unanticipated Philanthropic Revenue
in the General Fund and Transferring it to the Capital Projects Fund for the Eastside Park
Improvement Project. (Adopted)
The purpose of this item is to appropriate philanthropic revenue in the General Fund for transfer to the
Capital Projects Fund to underwrite the costs of improvements to Eastside Park, located adjacent to
Laurel Elementary School. Eastside Park and the City of Fort Collins are the beneficiaries of focused
community giving, facilitated by City Give, for the costs of park improvements that will enhance
neighborhood use of the park and improve park functions to include lighting, soft surface paths, seating
areas, and ongoing neighborhood events.
15. Items Relating to FLEX Regional Route Operations Grant Revenue. (Adopted)
A. Resolution 2020-019 Authorizing the Execution of an Intergovernmental Agreement between the
City and the Colorado Department of Transportation for Transfort FLEX Service.
B. First Reading of Ordinance No. 038, 2020, Making an Appropriation for the Expansion of the
Transfort FLEX Service to Boulder.
The purpose of these items is to authorize Transfort to enter into an Intergovernmental Agreement
with the Colorado Department of Transportation (CDOT) for funds contributing to regular operations
of the FLEX Regional Route and to appropriate unanticipated grant revenue awarded by Denver
Regional Council of Governments (DRCOG) to fund the expansion of the FLEX to Boulder Regional
Route.
16. Resolution 2020-020 Authorizing the Execution of Two Intergovernmental Agreements between
the City of Fort Collins and the Colorado Department of Transportation for the Award of
Settlement Funds. (Adopted)
The purpose of this item is to authorize the execution of two intergovernmental agreements (IGAs)
with the Colorado Department of Transportation (CDOT). These agreements will result in the receipt
of two Volkswagen settlement fund awards that were applied for, and awarded, through CDOT’s
Consolidated Call for Capital Projects in 2018 for the purchase of a total of five alternatively fueled
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City of Fort Collins Page 403
vehicles and two depot chargers. Settlement funds do not require a local match. The incoming funds
for both awards were appropriated through Ordinance No. 141, 2019, and Ordinance No. 142, 2019.
17. Resolution 2020-021 Approving Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming and Tourism Programming Accounts for the selected community and tourism events,
based upon the recommendations of the Cultural Resources Board.
18. Resolution 2020-022 Reappointing Lisa D. Hamilton-Fieldman as Temporary Judge and
Authorizing the Execution of an Employment Agreement. (Adopted)
The purpose of this item is to reappoint Lisa D. Hamilton-Fieldman as a temporary judge to continue
to hear civil cases that may be filed in Fort Collins Municipal Court. The City Charter provides for the
appointment of temporary judges to serve as City Council determines is necessary. Judge Hamilton-
Fieldman was originally appointed in this capacity by Council in 2018. She has since handled a
complex civil case filed in Fort Collins Municipal Court by citizens. Based on her work in that case and
the continuing need to be able to appoint a temporary judge who has experience with civil cases such
as that one, Chief Judge Kathleen M. Lane recommends that Judge Hamilton-Fieldman be
reappointed. Judge Hamilton-Fieldman’s new term will be for another two years and she will continue
to handle such cases as assigned by the Chief Judge.
19. Resolution 2020-023 Ratifying the Reappointment of Fred Colby and Joe Wise and the
Appointment of Jeremy Rose to the Poudre River Library District Board of Trustees. (Adopted)
The purpose of this item is to make appointments to the Poudre River Library District Board of
Trustees. Fred Colby and Joe Wise will be reappointed to a second term, Jeremy Rose will be
appointed to a first term.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Gutowsky commented on Item No. 14, First Reading of Ordinance No. 037, 2020,
Appropriating Unanticipated Philanthropic Revenue in the General Fund and Transferring it to
the Capital Projects Fund for the Eastside Park Improvement Project, commending the individuals
involved and partnership between the City and Fort Collins United Methodist Church.
Mayor Pro Tem Stephens commented on Item No. 15, Items Relating to FLEX Regional Route
Operations Grant Revenue, as being a good news item.
Councilmember Cunniff highlighted Item No. 13, First Reading of Ordinance No. 040, 2020,
Ratifying City Plan and Its Components and Elements, and requested staff address the City's land
acquisition process. City Manager Atteberry replied there are various reasons the City may need
to purchase property throughout the year, and he discussed the Land Bank process throughout the
years. A request for proposal process has not been utilized to purchase Land Bank property
partially because of potential cost inflation on properties.
Sue Beck-Ferkiss, Social Policy and Housing Manager, noted the Code provides certain criteria
for land being solicited for the Land Bank; therefore, a request for proposal process would not
work in the land acquisition process.
February 18, 2020
City of Fort Collins Page 404
Mayor Troxell commented on Item No. 17, Resolution 2020-021 Approving Fort Fund Grant
Disbursements.
City Manager Atteberry discussed the City Gives program which served as a platform for both the
Church's and City's interest regarding Item No. 14, First Reading of Ordinance No. 037, 2020,
Appropriating Unanticipated Philanthropic Revenue in the General Fund and Transferring it to
the Capital Projects Fund for the Eastside Park Improvement Project. He stated the platform
works to align municipal interests with philanthropic desires.
• STAFF REPORTS
A. Historic Preservation Survey Update. (staff: Karen McWilliams)
Tom Leeson, Community Development and Neighborhood Services Director, stated the Historic
Preservation Code was updated in 2018, at which time the need for better data on the historic
resource inventory was identified and subsequently funded by Council.
Sherry Albertson Clark, Historic Preservation, discussed the building characteristics evaluated in
the historic preservation survey and noted the first phase of the broader ongoing survey project
was on South College Avenue. She outlined the next steps for the broader survey project.
Mayor Troxell asked about the timeline for completion of the survey and whether a set of priorities
has been identified. Albertson Clark replied the College Avenue phase was done first and was
somewhat challenging in the extent of construction eras covered. Upcoming areas involve a more
condensed era of construction and should move a bit more quickly. About 20% of the 12,000
buildings that are 50 years old or older have been surveyed. The next area surveyed will be the
East Mulberry corridor.
• COUNCILMEMBER REPORTS
Councilmember Cunniff reported on the Colorado Municipal League Legislative Policy
Committee meeting.
Mayor Troxell reported on the Northern Colorado Regional Airport Committee meeting and the
Wasteshed Policy Council meeting.
Councilmember Summers reported on Mike Beckstead's and Wendy Williams' retirement
celebrations and commented on the quality of City staff.
Mayor Pro Tem Stephens reported on the Human Trafficking Symposium at CSU and work on
teen homelessness. She also reported on the Poudre Fire Authority awards banquet and her
participation on the childcare panel for Women Give.
Councilmember Gutowsky reported on a trip with the Poudre Heritage Alliance Board Executive
Director to Washington, D.C., the Women Give luncheon, the Empty Bowls benefit for the Food
Bank, the La Cocina one-year anniversary celebration, and a Midtown Business Association
meeting.
February 18, 2020
City of Fort Collins Page 405
• DISCUSSION ITEMS
20. Public Hearing and Second Reading of Ordinance No. 014, 2020, Approving the Montava PUD
Master Plan and Montava PUD Overlay, ODP 180002. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on January 14, 2020, by a vote of 5-2 (Nays: Gutowsky,
Cunniff), approves a Planned Unit Development (PUD) Overlay for Montava. Amendments to the
Mountain Vista Subarea Plan, Master Street Plan, and Parks and Recreation Policy Plan were
approved by resolution and do not require a second reading. The PUD Overlay provides a framework
for how Montava will develop over time. Council and community members requested additional
information at First Reading regarding the following topics, which this Agenda Item Summary
addresses:
• Estimate of funding deficiency for the Master Street Plan city-wide and in Northeast Fort Collins.
• How Montava will mitigate its traffic impacts and address traffic on Country Club Road.
• Details related to the buffer proposed in the Mountain Vista Subarea Plan between the Anheuser
Busch brewery and nearby residential land uses and zone districts.
• Plans for transit service in and around the Montava development.
• Staff’s plan for communicating updates related to individual phases of Montava to ensure City
Councilmembers and the community continue to be informed.
• Addition of a condition of approval regarding Country Club Road and changes to the Parks
condition of approval.
Staff recommends approval of the PUD Master Plan on Second Reading, with conditions.
Process: The City Council hearing for second reading will follow the process outlined below.
• Staff presentation related to the additional information Council requested at First Reading and any
additional information related to Council consideration of the Montava PUD Overlay
• Applicant presentation
• Public comment
• Applicant and staff responses to public comment
• City Council questions
• City Council deliberation
This is a quasi-judicial item subject to the procedures and standards set forth in Land Use Code
Divisions 2.15 and 4.29.
Mayor Troxell outlined the process of the hearing.
Clay Frickey, City Planner, provided an overview of the Montava PUD process to this point. He
addressed Council's questions from First Reading regarding the cost of necessary capital
improvement projects to build out the Master Street Plan, and more specifically the cost of those
improvements in northeast Fort Collins. The estimate for the full build out of the Master Street
Plan is about $900 million, and about $300 million for northeast Fort Collins. Funding sources
include development fees, the transportation capital expansion fee, and the budgeting for outcomes
process.
Frickey clarified each phase of Montava will need to submit its own traffic impact study and each
phase will need to meet adequate public facilities standards found in the Land Use Code. He
outlined a condition of approval that will prohibit vehicular access on the extension of Country
Club Road until Turnberry Road extends to an east-west arterial.
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City of Fort Collins Page 406
Frickey discussed the buffer between the Anheuser-Busch brewery and the Montava development
and detailed the transit plan for the area. He also noted staff is recommending an enhanced level
of communication for all aspects of Montava moving forward.
Max Moss, Montava developer, discussed the importance of community and commended the work
of Lucia Liley and his team.
Angie Milewski, BHA Design, stated the PUD Master Plan provides a framework for a complete
community and outlines locations for a mix of many uses including a town center, working farm,
community park, schools, and employment uses. She discussed the transect zoning which is based
on intensity of uses with specific design standards for each zone.
Carolynne White, land use counsel for the applicant, discussed how this application complies with
the PUD criteria and how it meets the City's plans, goals, and policies. She discussed traffic-
related issues and noted new development cannot be required to remedy existing deficiencies. She
discussed the buffer being proposed by the development and requested Council approval of the
Montava PUD master plan, overlay, and vested rights extension.
Eric Sutherland stated there are a number of judicial deficiencies associated with this process and
the development application.
LeAnn Abrahamson stated citizens should expect to have growth completed responsibly and she
discussed traffic issues on Country Club Road which have been exacerbated by developments east
of Turnberry Road.
Jim Moore questioned the impact of traffic on Tavelli Elementary.
Greg George expressed concern about the lack of street infrastructure stating there is no certainty
as to when Suniga will connect to Turnberry or Timberline. He questioned wording related to the
adequate public facilities ordinance.
Dale Leidheiser stated residents of Montava will take the most attractive, convenient route to
where they want to go and suggested Country Club Road should not extend into the development
at all.
Nan Sallo discussed the adequate public facilities ordinance, stating a development could be
granted exceptions to the ordinance without any public input. She stated level of service standards
must be met without exceptions because Montava is being added to an already inadequate area.
Paul Navarre discussed the increase in traffic on Country Club Road and encouraged Council and
staff to use foresight when approving the project.
Margaret Haas discussed water and wastewater issues for the development and stated those issues
should not be ignored at the time of consideration of the Master Plan.
Paul Beiser expressed concern regarding the lack of traffic impact analysis of the intersections of
Lemay and Vine and Timberline and Vine specifically related to railroad issues. He requested the
approval be conditioned on the expansion of the traffic impact analysis to consider these areas.
Victor Hurtado suggested this development calls for a special process to monitor it over time.
February 18, 2020
City of Fort Collins Page 407
Dave Hula expressed concern about traffic impacts throughout the city.
Roger Hoover commended the development in terms of its integration with schools, retail, and
agriculture, which would not occur with several smaller developments.
Nick Armstrong requested Council consider amending the Country Club Road condition of
approval to allow local traffic on the Country Club Road extension.
Patricia Babbitt echoed concerns about traffic and water and expressed concern about the fact the
development is a metro district.
Raju Jairam requested the City mitigate impacts of this development on County roadways.
Don Homan questioned whether the City will get all necessary funding from the development's
impact fees to cover roadway improvements. He also questioned the legal and ethical implications
of the way water and sewer service is being handled.
Phil Maher stated this project is not well thought out in terms of infrastructure and water service.
He questioned why existing deficiencies are not being addressed when considering adding
thousands of additional vehicle trips.
John Jacoby discussed traffic congestion in the area and requested an expanded traffic impact study
be required as part of the PUD approval.
Rich Stave suggested increasing the volume of Timberline Road.
Hunter Harms stated the City has overlooked northeast Fort Collins for years and questioned why
he should support growth in the area when the City has not supported proper road infrastructure.
He also opposed allowing the City to provide water and wastewater service to the site without also
offering the same service to other neighborhoods.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
Ms. White noted the scope of the traffic impact study was determined in conjunction with City
staff and went above and beyond what would typically be required. She also noted there will be
additional traffic studies for forthcoming PDPs as this authorization does not provide the ability to
begin construction.
Ms. White stated the traffic-related concerns have been addressed to the extent possible at this
stage in the process; however, problems of this magnitude would not be solved with piecemeal
development.
Frickey stated the Land Use Code requires that the applicant can prove that they can get utility
service to the site at the PUD master plan level, and the developer in this case has provided “will
serve” letters from both ELCO and Boxelder. He also discussed the metro district requirements
and risk mitigation components thereof.
Martina Wilkinson, Traffic Operations Department, discussed the traffic impact study
requirements for a PUD master plan and discussed necessary Master Street Plan changes. She
noted more detailed traffic impact studies will occur for each PDP and each PDP submittal will be
required to meet adequate public facilities and level of service requirements for both the Larimer
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City of Fort Collins Page 408
County Urban Area Street Standards and the Land Use Code. Amendments were made in 2018 to
essentially eliminate the ability for a development to receive an exemption from adequate public
facilities requirements and noted all PDP submittals will go through a public hearing process.
Wilkinson stated transportation improvements are made through a number of different funding
sources, not just the transportation capital improvement fees.
Councilmember Cunniff questioned the rush to get this adopted and expressed concern about the
process to this point. City Attorney Daggett replied the ordinance has been structured in this way
so as to not disrupt the plan for how this item would proceed. There is not necessarily any
associated rush.
Councilmember Cunniff asked Mr. Moss about waiting another four weeks for the effective date
of the City Plan ordinance. Mr. Moss replied he has been working on this project for over three
years and has spent over $3 million; therefore, this does not seem like a rushed process. His team
needs to know if the project will move forward and he would not move forward if he felt there was
anything jeopardizing the viability of the way this is being done.
Councilmember Cunniff expressed concern about eroding the public trust by including clever
language that seems to favor a development. He asked if Poudre Fire Authority has ever responded
to an ammonia incident at Anheuser-Busch. Poudre Fire Authority Chief DeMint replied in the
affirmative and stated there were no injuries outside the plant and no one was transported for
injuries. Councilmember Cunniff expressed concern about the ammonia exhausted into the air.
Mayor Pro Tem Stephens asked how residents will be notified of PDP hearings. Frickey replied
staff will provide a link for citizens to sign up for a mailing list. Rebecca Everette, Development
Review Manager, noted the Land Use Code mandates notice requirements for project development
plans that include mailed notice, published notice, and posted notice.
Councilmember Gutowsky asked if staff anticipates the Turnberry extension to Suniga will be in
place prior to construction beginning. Chad Crager, Engineering, replied conceptual design is
moving forward with the preliminary design and right-of-way acquisition; however, actual
construction is planned to occur concurrently with development of Montava or other area
developments.
Councilmember Gutowsky asked about the Vine and Lemay overpass. Crager replied about half
of the funding is done for the project and a budget offer will be submitted for the rest of the project
in the upcoming budget cycle.
Councilmember Gutowsky asked about construction traffic routing. Wilkinson replied
construction management plans are put in place for large developments such as this.
Councilmember Gutowsky asked if staff would agree the Turnberry extension would help existing
traffic issues. Wilkinson replied in the affirmative and stated staff has worked with the Montava
team to ensure proper roadway connections. She also noted the City has taken on the Turnberry
extension as a necessary capital project that is being funded through development fees.
Councilmember Gutowsky asked about the timeline for the Vine and Lemay overpass. Crager
replied half the project will be complete by the end of the year, and if the budget offer is successful,
construction will be finished by the end of 2021.
February 18, 2020
City of Fort Collins Page 409
Councilmember Summers asked whether existing developments in the area were developed in the
County. Wilkinson replied Storybook and Maple Hill developed within city limits; however,
Country Club Road from Turnberry to State Highway 1 remains in unincorporated Larimer
County.
Councilmember Summers asked if there is County funding for Country Club Road improvements.
Wilkinson replied the County is currently anticipating intersection improvements at Lemay and
Country Club Road.
Mayor Troxell requested information regarding the analysis of roundabouts versus signalized
intersections and how that may be applied in this area. Wilkinson replied both types of
intersections can serve different purposes and currently signalization is being considered at
Timberline and Vine, with the addition of left turn lanes, and at Douglas Road and State Highway
1. She stated both need to be signalized because of the proximity to the railroad and the associated
grades. She also noted a roundabout is being considered at Mountain Vista and Turnberry in order
to provide a larger buffer to the entrance to Adriel Hills.
Councilmember Gutowsky asked about the restrictions on semis placed on Country Club Road.
Wilkinson replied there had been a short-term restriction on the length of trucks allowed on the
road, and the recent resolution bans all semi-trucks, other than those providing local deliveries.
That will be enforced through the Sheriff's Office and Highway Patrol.
City Manager Atteberry stated the Sheriff's Office has committed to additional policing of the area
to enforce those new rules. The Vine and Lemay intersection has been a priority for several past
Councils, and as of now, he anticipates the completion of the overpass will be part of the
recommended budget in the fall.
Mayor Troxell asked Mr. Armstrong about his suggestion mentioned during public comment. Mr.
Armstrong replied his suggestion is to bring all relevant stakeholders and residents to the table to
discusses the scope of issues and make necessary improvements transparent.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 014, 2020, on Second Reading.
Councilmember Cunniff expressed concern about the City Plan ordinance and its intersection with
this item and stated he would prefer to postpone this until the effective date of that ordinance.
Mayor Troxell supported moving forward with the process as proposed.
Mayor Pro Tem Stephens agreed and stated issues have been raised regarding the process used to
adopt City Plan and its components. She stated staff agrees adoption by ordinance is a better
option and is recommending so.
Councilmembers Summers, Gorgol, and Pignataro supported moving forward with the process as
proposed.
Mayor Pro Tem Stephens stated she would support the motion, thanked the speakers, and
encouraged their further involvement in the process.
Councilmember Cunniff stated he would not support the motion given process issues that reinforce
his concerns that the Montava project has been accelerated and given special preference by staff
February 18, 2020
City of Fort Collins Page 410
and Council. Piecemeal development can work fine with appropriate zoning and regulations in
place. He also reiterated his concerns about housing being placed so close to Anheuser-Busch
given its use of airborne chemicals and his concerns about water and sewer service.
Councilmember Gorgol thanked the speakers and encouraged them to stay engaged. She stated
she will support the motion and the development will help alleviate traffic issues in a quicker
manner.
Councilmember Pignataro thanked the speakers and acknowledged Councilmember Cunniff's
concerns. She also stated Fort Collins has been very thoughtful in its use of metro districts and is
getting more so.
Mayor Troxell stated he would support the motion noting it achieves many goals of City plans and
policies.
Mayor Pro Tem Stephens discussed the affordable housing and other benefits of this metro district.
Councilmember Gutowsky noted this project will take up to 25 years to complete and outlined the
various aspects of the development that will need to occur during that time. She stated she will
vote to support the motion.
RESULT: ORDINANCE NO. 014, 2020, ADOPTED ON SECOND READING [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell
NAYS: Cunniff
21. Second Reading of Ordinance No. 015, 2020, Adopting a Development Agreement Extending
the Term of Vested Rights for the Montava PUD Overlay and Regarding Certain Terms of
Development Within the Montava PUD Overlay. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on January 14, 2020, by a vote of 5-2 (nays: Cunniff,
Gutowsky) adopts a development agreement regarding the Montava Planned Unit Development
(PUD) Overlay to extend the term of vested rights from three years to twenty-five years and to adopt
certain terms regarding development within the Montava PUD Overlay.
Rich Stave questioned when the people who have bought into the development get their
opportunity for representation.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 015, 2020, on Second Reading.
RESULT: ORDINANCE NO. 015, 2020, ADOPTED ON SECOND READING [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell
NAYS: Cunniff
February 18, 2020
City of Fort Collins Page 411
22. Second Reading of Ordinance No. 027, 2020, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Soldier Canyon Pump
Station Annexation to the City of Fort Collins, Colorado, and Approving Corresponding
Changes to the Residential Neighborhood Sign District Map. (Postponed to Date Certain)
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 2019-064.
This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property
included in the annexation known as the Soldier Canyon Pump Station Annexation. Soldier Canyon
Pump Station Annexation, owned by the Platte River Power Authority, is located adjacent to the City
of Fort Collins Water Treatment Facility at 4316 Laporte Avenue and is 0.702 acres in size. The
proposed zoning for this annexation is Residential Foothills (R-F). The surrounding uses include the
existing City Water Treatment Plant to the north, south and west, and Colorado State University
Solar Farm to the east. The abutting City limits to the north, south and west are zoned Residential
Foothills (R-F). Staff also recommends placement into the Residential Neighborhood Sign District.
Mayor Troxell outlined the hearing process.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 027, 2020, on Second Reading.
Councilmember Cunniff asked if these items have the same City Plan requirement as did the
Montava issue with regard to effective dates. City Attorney Daggett replied staff provided
language to Council to make an amendment upon adoption of this ordinance and the following
three.
Councilmember Cunniff stated these items could be postponed and placed on the Consent Agenda
as they were adopted unanimously on First Reading.
Councilmember Cunniff made a friendly amendment to postpone consideration of the Second
Readings of Ordinance Nos. 27, 2020, 29, 2020, 31, 2020 and 33, 2020, until March 17, 2020.
Mayor Pro Tem Stephens and Councilmember Summers accepted the friendly amendment.
RESULT: SECOND READING OF ORDINANCE NO. 027, 2020 POSTPONED TO MARCH
17, 2020 [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
23. Second Reading of Ordinance No. 029, 2020, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Timberline-
International Annexation No. 1 to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map. (Postponed to
Date Certain)
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 2019-064.
This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property
included in the first of three sequential annexations, known as the Timberline-International
Annexation No.1. Timberline-International Annexation No. 1 is located northeast of the North
February 18, 2020
City of Fort Collins Page 412
Timberline Road and International Boulevard intersection. The proposed zoning for this annexation
is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-
Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to
the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline
Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign
District.
RESULT: SECOND READING OF ORDINANCE NO. 029, 2020 POSTPONED TO MARCH
17, 2020 [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
24. Second Reading of Ordinance No. 031, 2020, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Timberline-
International Annexation No. 2 to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map. (Postponed to
Date Certain)
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 2019-064.
This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property
included in the second of three sequential annexations, known as the Timberline-International
Annexation No. 2. Timberline-International Annexation No. 2 is located northeast of the North
Timberline Road and International Boulevard intersection. The proposed zoning for this annexation
is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-
Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to
the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline
Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign
District.
RESULT: SECOND READING OF ORDINANCE NO. 031, 2020 POSTPONED TO MARCH
17, 2020 [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
25. Second Reading of Ordinance No. 033, 2020, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Timberline-
International Annexation No. 3 to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map. (Postponed to
Date Certain)
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 2019-064.
This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property
included in the third of three sequential annexations, known as the Timberline-International
Annexation No.3. Timberline-International Annexation No. 3 is located northeast of the North
Timberline Road and International Boulevard intersection. The proposed zoning for this annexation
is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-
Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to
February 18, 2020
City of Fort Collins Page 413
the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline
Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign
District.
RESULT: SECOND READING OF ORDINANCE NO. 027, 2020 POSTPONED TO MARCH
17, 2020 [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
26. Resolution 2020-024 Making Appointments to Various Boards and Commissions of the City of
Fort Collins. (Adopted)
The purpose of this item is to appoint individuals to fill vacancies on various boards and commissions
that exist due to the expiration of terms of certain members and the resignation of previous board
members.
Rich Stave expressed concern that one recommended appointee for the Energy Board has done
work for the City related to the energy field and appears to have a conflict of interest. There are
aspects of climate change that have yet to be proven from a physical point of view and he would
therefore like to see someone on the Energy Board who takes an alternative approach.
Mayor Troxell stated knowledgeable members of Boards and Commissions are desired and
individuals with a great deal of experience should not be precluded from serving. He also noted
two Councilmembers work in tandem to provide appointment recommendations and stated any
type of conflict of interest would be addressed on a more specific level.
Councilmember Cunniff stated this candidate clearly exhibited traits in her interview that led he
and Councilmember Pignataro to believe she would be an effective boardmember who can help
Council make policy decisions with respect to energy. He also stated he does not believe there
would be an inherent conflict, particularly on a strictly policy-related board.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2020-024.
RESULT: RESOLUTION 2020-024 ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• OTHER BUSINESS
Councilmember Gorgol requested staff provide the Poudre School District Board a memo about
concerns mentioned about Tavelli Elementary and safe routes thereto. City Manager Atteberry
replied he would follow up on the issue.
February 18, 2020
City of Fort Collins Page 414
Motion to adjourn to February 25, 2020.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
PM Tuesday, February 25, 2020, for consideration of a possible executive session and for such
other business as may come before Council.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• ADJOURNMENT
The meeting adjourned at 9:31 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk