HomeMy WebLinkAboutMINUTES-12/20/2016-RegularDecember 20, 2016
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO -
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
• AGENDA REVIEW: CITY. MANAGER
City Manager Atteberry recommended continuing Item No. 14, Resolution 2016-098 Approving
the Charter of the Regional Water Collaboration Steering Committee, to a later date because
staff needs additional time to meet with the Committee to discuss additional elements of its
Charter. A staff report has also been added to the agenda.
• CITIZEN PARTICIPATION
Kevin Jones, Fort Collins Area Chamber of Commerce, thanked Council for the thoughtful and
extensive conversation it has facilitated around broadband. He encouraged thorough vetting of
both public and public/private options.
Deborah James discussed a situation in which a homeless individual was removed from a shelter.
She discussed shelter space and suggested beds should be allotted for female veterans.
Rose Lew read a statement on behalf of the Fort Collins Sustainability Group urging the Mayor
to sign the Climate Mayors' letter to the President-elect regarding climate change.
Eric Sutherland discussed Item No. 16, Resolution 2016-096 Adopting Amendments to the City's
Financial Policies Relating to the Revenue Policy, and stated it does not follow the law. He
discussed a new development in Loveland.
LeRoy Poff urged the Mayor to sign the Climate Mayors' letter to the President-elect regarding
climate change.
John Glass opposed the proposed short-term rental ordinance, specifically the provision which
would allow non -primary resident owners to own three rentals.
Glen Akins supported the retail model for broadband service stating it puts the needs of the
community first by making the community the owner, operator, investor, and user of the
network. He encouraged the placement of the item on the April ballot.
Adam Nicholson expressed appreciation for staff's efforts regarding broadband and suggested
additional time be spent exploring options. He stated additional data regarding the effectiveness
of the U+2 ordinance needs to be developed.
Janice Lynne urged the Mayor to sign the Climate Mayors' letter to the President-elect regarding
climate change.
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December 20, 2016
Kathryn Dubiel opposed the proposed short-term rental ordinance, specifically the provision
which would allow non -primary resident owners to own three rentals.
Nick Haws discussed Item No. 17, Resolution 2016-097 Making Appointments to Various
Boards and Commissions of the City of Fort Collins, and stated the citizens of the community
that contribute to the various boards and commissions deserve additional thanks. He also.
suggested potentially streamlining the process by combining some boards. !
Paul Patterson opposed non -primary short-term rentals.
Suzanne Trask discussed the Smithsonian exhibit featuring Fort Collins and stated Fort Collins
has adopted impressive climate goals. She urged the Mayor to sign the Climate Mayors' letter to
the President-elect regarding climate change.
Steve Ramer, Fort Collins Mennonite Church, commended some of the efforts to provide
housing during the recent cold snap; however, he stated there was no housing available Friday
evening. He questioned the extreme emergency shelter situation criteria and stated --that
information needs to be better communicated.
Tom Hoehn urged the Mayor to sign the Climate Mayors' letter to the President-elect regarding
climate change.
Margaret Mitchell expressed concern about the proposed short-term rental ordinance and
opposed non -primary short-term rentals.
Shelby Robinson urged the Mayor to sign the Climate Mayors' letter to the President-elect
regarding climate change.
Hunter Buffington urged the Mayor to sign the Climate Mayors' letter to the President-elect
regarding climate change.
Colin Garfield thanked staff for their efforts regarding the broadband issue and recommended the
topic be placed on the April ballot. He opposed the third -party option.
Kevin Cross, Fort Collins Sustainability Group, urged the Mayor to sign the Climate Mayors'
letter to the President-elect regarding climate change.
Alan Braslau urged the Mayor to sign the Climate Mayors' letter to the President-elect regarding
climate change and commended the community, staff and Council for the support shown in the
Climate Action Plan.
Christina (no last name given) supported the retail option for broadband in Fort Collins.
Justin Blair supported the retail option for broadband with an April ballot initiative.
Ray Mitchell discussed the proposed short-term rental ordinance.
Thomas Edwards wished everyone a Merry Christmas.
Liz Derbyshire discussed what legitimizes a short-term rental owner.
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December 20, 2016
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell stated he opted to send the Climate Mayors' letter to the Legislative Review
Committee and has since drafted a letter specific to Fort Collins. The change in the Presidency
does not change Fort Collins' local policy. He noted the broadband issue will be discussed at the
work session immediately following this meeting and the shelter issue will be discussed during
staff reports.
Councilmember Martinez discussed the review of boards and commissions and asked if an
evaluation occurs regularly. City Manager Atteberry replied it is not on a normal review
process; however, the overall structure was addressed with the Futures Committee and Council a
couple of years ago, resulting in some changes.
Councilmember Martinez stated the homeless shelter issue is a community project which the
City has an obligation to embrace and lead; however, it remains a community -wide issue. In
terms of the Climate Mayors' letter, he stated only 48 of the over 19,000 Mayors have signed on
and it is important to represent the actions taken in Fort Collins regarding climate change.
Councilmember Cunniff stated there are various opinions on Council regarding the Climate
Mayors' letter and he plans to discuss the issue under Other Business.
Mayor Pro Tern Horak stated a work session regarding the short-term rental situation could be
helpful.
Councilmember Stephens thanked Mr. Haws for commending the boards and vommissions and
expressed appreciation for the volunteers.
Councilmember Campana commended board "and commission members and candidates.
Regarding short-term rentals, he discussed the correlation of the regulations with bed and
breakfast uses and whether those uses require owners to live on site. He also questioned
references in the Land Use Code to permitted uses and whether a use is allowed if it is not
specifically addressed in the Code. In terms of the Climate Mayors' letter, Councilmember
Campana stated the Legislative Review Committee did not recommend signing and supported
the crafting of a custom letter.
Councilmember Overbeck thanked the speakers and supported a work session on the short-term
rental issue. He commended the work of board and commission members.
• CONSENT CALENDAR
Councilmember Cunniff noted several of the Consent Agenda items are consensual designations
by the Housing Authority and he is a member of the Housing Authority Board; however, he does
not believe this is a conflict.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items not withdrawn from the Consent Agenda.
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December, 20, 2016
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Gino Campana, District 3
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Items Relating to Capital Improvement Expansion Fees. (Adopted)
A. Second Reading of Ordinance No. 132, 2016, Amending the Code of the City of Fort Collins to
Increase the Amounts of Capital Improvement Expansion Fees Contained in Chapter 7.5 of the
City Code so as to Reflect Inflation in Associated Costs of Services.
B. Second Reading of Ordinance No. 137, 2016, Amending Section 7.5-18 of the Code of the City of
Fort Collins to Provide that the Street Oversizing Capital Improvement Expansion Fee will be
Increased or Decreased Annually Based on the Engineering News Denver Regional Construction
Cost Index Instead of the Denver -Boulder Consumer Price Index for Urban Consumers.
These Ordinances, unanimously adopted on First Reading on December 6, 2016, update City Code
Chapter 7.5 related to the annual inflation increases in the capital improvement expansion fees and
the Neighborhood Parkland Fee established in Chapter 7.5. Ordinance No. 132, 2016, revises the
Community Parkland, Police, Fire Protection, General Government capital improvement expansion
fees and the Neighborhood Parkland Fee to reflect a 3.0% increase based on the change in the
Denver -Boulder -Greeley Consumer Price Index (CPI) since the last adjustment. The Street
Oversizing Capital Improvement Expansion Fee is increased by 1.3% to reflect the change in the
Engineering News Record Denver Regional Construction Cost Index (ENR) since the last adjustment
of this fee. For Second Reading, language has been added to this Ordinance to reflect that the new
fees will not apply to applications for development for which a complete application for a building
permit has been submitted prior to January 1, 2017, even if the permit is issued on or after January
1, 2017. This is to accommodate applications currently in the cue in the Building Department but for
which a permit will not be issued until after the new fees are in place.
Ordinance No. 137, 2016, amends Code Section 7.5-18 to reflect the City Council's past practice
and intended future practice of basing the annual increases or decreases in the Street Oversizing
Capital Improvement Expansion Fee on the ENR instead of the CPI, since the ENR is a better
measure than the CPI of the changes in costs to construct street improvements in the City.
2. Second Reading of Ordinance No. 133, 2016, Adopting the 2017 Classified Employees Pay
Plan. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 6, 2016, amends the City's
Classified Employee Pay Plan based on results of the annual market analysis. The City of Fort
Collins utilizes a common compensation methodology to assess jobs, combine them into
occupational groups and establish pay range structures. The result of this work is a Classified
Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges within each
occupational group. Each year, staff conducts a detailed analysis of benchmark data to determine if
the market is moving sufficiently to recommend structure adjustments. Actual employee pay
increases are awarded through a separate administrative process in accordance with the budgeted
amount approved by Council. As a result of the market analysis, staff is recommending a 2.5%
structure adjustment for all Skill Based/Step Level Jobs in the Classified Employee Pay Plan and no
movement for Open Pay Range positions.
3. Second Readinq of Ordinance No. 134, 2016, Amending Section 2-606 of the Code of the City
of Fort Collins and Setting the Compensation of the Municipal Judge. (Adopted)
City Council met in executive session on November 29, 2016, to conduct the performance review of
Municipal Judge Kathleen Lane. This Ordinance, unanimously adopted on First Reading on
City of Fort Coffins
Page 193
December 20, 2016
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December 6, 2016, establishes the 2017 salary of the Municipal Judge at $117,152 and total
compensation at $144,568.
The effective date of the salary change has been revised to January 2 instead of January 1, as this is
the first day of the first pay period of the new year.
4. Second Reading of Ordinance No. 135, 2016, Amending Section 2-581 of the Code of the City
of Fort Collins and Setting the Compensation of the City Attorney. (Adopted)
City Council met in executive session on November 29, 2016, to conduct the performance review of
City Attorney Carrie Daggett. This Ordinance, unanimously adopted on First Reading on December
6, 2016, establishes the 2017 salary of the City Attorney at $189,521 and total compensation at
$226,821.
The effective date of the salary change has been revised to January 2 instead of January 1, as this is
the first day of the first pay period of the new year.
5. Second Reading of Ordinance No. 136, 2016. Amending Section 2-596 of the Code of the Citv
of Fort Collins and Setting the Compensation of the City Manager. (Adopted)
A
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City Council met in executive session on November 29, 2016, to conduct the performance review of
City Manager Darin Atteberry. This Ordinance, unanimously adopted on First Reading on December
6, 2016, establishes the 2017 salary of the City Manager at $256,087 and total compensation at
$311,480.
The effective date of the salary change has been revised to January 2 instead of January 1, as this is
the first day of the first pay period of the new year.
14 of the Code of the City of Fort Collins.
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(e) of the Council's Rules of
Meeting Procedures adopted in Resolution 2015-091.
The purpose of this item is to designate the Howell property, located at 519 East Mulberry Street, as
a Fort Collins Landmark. The owner of this property, Housing Catalyst, formerly the Fort Collins
Housing Authority, is initiating this request. The 1908 vernacular cottage residence is eligible for
recognition as a landmark due to its historic integrity and significance to Fort Collins under
Designation Standard C, Design/Construction as a hipped box type residence.
(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(e) of the Council's Rules of
Meeting Procedures adopted in Resolution 2015-091.
The purpose of this item is to designate the Kimball Property, located at 608 and 608 1/2 South Grant
Avenue, as a Fort Collins Landmark. The owner of this property, Housing Catalyst, formerly the Fort
Collins Housing Authority, is initiating this request. The 1924 bungalow is eligible for recognition as a
landmark due to its historic integrity and significance to Fort Collins under Designation Standard C,
Design/Construction.
City of Fort Collins Page 194
December 20, 2016
8. First Reading of Ordinance No. 140, 2016, Designating the Schroeder/McMurry Property
Located at 701 Mathews Street, 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(e) of the Council's Rules of
Meeting Procedures adopted in Resolution 2015-091.
The purpose of this item is to designate the Schroeder/McMurry property, located at 701 Mathews
Street, as a Fort Collins Landmark. The owner of this property, Housing Catalyst, formerly the Fort
Collins Housing Authority, is initiating this request. The 1920 Craftsman -style residence and garage
are eligible for recognition as a landmark due to its historic integrity and significance to Fort Collins
under Designation Standard B, Persons/Groups, and Standard C, Design/Construction.
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(e) of the Council's Rules of
Meeting Procedures adopted in Resolution 2015-091.
The purpose of this item is to designate the Wilhelm Property, located at 717 and 717 1/2 West
Mulberry Street, as a Fort Collins Landmark. The owner of this property, Housing Catalyst, formerly
the Fort Collins Housing Authority, is initiating this request. The 1948 ranch -style residence and
attached garage is eligible for recognition as a landmark due to its historic integrity and significance
to Fort Collins under Designation Standard C, Design/Construction.
10. Fi
Management Area. (Adopted)
The purpose of this item is to amend the Intergovernmental Agreement (IGA) with Larimer County
regarding the Growth Management Area (GMA) boundary to ratify the same boundary agreed to by
the City of -Fort Collins and the Town of Timnath.
11. Resolution 2016-089 Stating the Intent of the City of Fort Collins to Annex Certain Property
and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Rennat
Annexation. (Adopted)
This is a City -initiated request to annex 57.83 acres at 6015 South Timberline Road into the City of
Fort Collins. The parcel became an enclave with the annexation of the Hansen Farm Annex on May
21, 2013. As of May 21, 2016, the City is authorized to annex the enclave in accordance with State
Statute 31-12-106. The Rennat Annexation is situated between the Union Pacific
Railroad/Southridge Golf Course to the west and S Timberline Road to the east. The requested
zoning for this annexation is Low Density Mixed -Use Neighborhood (LMN), Medium Density Mixed -
Use Neighborhood (MMN) and Neighborhood Commercial (NC), which is consistent with the City of
Fort Collins Structure Plan. The surrounding properties are residential, educational, and agricultural
land uses. The property owner has expressed no objections to the annexation.
The proposed Resolution makes a finding that the property at issue has been completely contained
within the boundaries of the City for not less than three years, initiates annexation proceedings, sets
a hearing date for the annexation ordinance and directs the City Clerk to publish notice. The hearing
will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty
days of prior notice is required by state law.
City of Fort Collins Page 195
December 20, 2016
12. Resolution 2016-093 Making Findings of Fact and Conclusions of Law Regarding the Appeal
of the Planning and Zoning Board Decision Approving the Brick Stone Apartments on
Harmony Project Development Plan PDP 160019. (Adopted)
The purpose of this item is to make findings of fact and conclusions regarding two appeals of the
Planning and Zoning Board's decision approving the Brick Stone Apartments on Harmony Project
Development Plan. The appeals were heard by City Council on December 6, 2016.
13. Resolution 2016-094 Adopting the 2016 Update to the Three -Mile Plan for the City of Fort
Collins. (Adopted)
The purpose of this item is to adopt the 2016 update to the Three -Mile Plan for the City of Fort
Collins. This Plan is a policy document for the coordination and provision of services for potential
annexations, and describes the general location, character, utilities, and infrastructure for areas
within three miles of the municipal boundary. Annual updates to the Three -Mile Plan are required by
state statutes.
14. Resolution 2016-098 Approving the Charter of the Regional Water Collaboration Steering
Committee. (Withdrawn)
The purpose of this item is to seek City Council approval of the Charter of the Regional Water
Collaboration Steering Committee, as proposed by the Regional Water Collaboration Steering
Committee (the Steering Committee). The Steering Committee is composed of members of
governing boards and staff of Fort Collins Utilities, East Larimer County Water District (ELCO), and
Fort Collins Loveland Water District (FCLWD). The proposed Steering Committee Charter articulates
key regional water issues identified by the Steering Committee and the purpose and intended
outcomes of regional water collaboration. The Charter outlines the Steering Committee's purpose,
goals, membership, governance structure, and expected deliverables. The Charter formalizes a
commitment from each water provider to investigate and pursue collaborative opportunities where it
makes sense and where customers and residents within the Growth Management Area (GMA) will
realize a benefit.
15. Resolution 2016-095 Consenting to a Request by the Anheuser-Busch Park and Recreation
District to Dissolve. (Adopted)
The purpose of this item is for the City Council to consider consenting to the dissolution of the
Anheuser-Busch Park and Recreation District. Legal counsel from the District contacted the City
Attorney's Office in August 2016 to seek the City's consent to the dissolution of the park and
recreation district formed in 2008. The District's Board of Directors believes the benefits do not justify
the overhead costs of administering the district. State statute §32-1-704(3)(b) permits special
districts to dissolve without conducting an election if: (a) the City Council and District Board both
consent, and (b) the district does not carry any outstanding financial obligations. Anheuser-Busch is
the sole property owner within the District. Without Council consent, it is presumed that the District
will pursue dissolution via conducting an election for which Anheuser-Busch is the sole voter.
16. Resolution 2016-096 Adopting Amendments to the City's Financial Policies Relating to the
Revenue Policy. (Adopted)
The purpose of this item is to update Financial Policy 2 - Revenue. The Revenue and Debt Policies
were last updated in 2013. No changes are recommended to the Debt Policy, but changes are
recommended to the Revenue Policy. They primarily relate to Colorado's Taxpayer's Bill of Rights
(TABOR) and the recent need for voter approval to keep the excess revenue associated with the
"Keep Fort Collins Great" sales and use tax. The related changes are meant to reduce the potential
for another such election. All other changes are clarifications or removal of sections with little to no
policy elements. Council Finance Committee reviewed and approved the recommended changes on
November 21, 2016.
City of Fort Collins Page 196
December 20, 2016
17. Resolution 2016-097 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 that currently exist on various
boards, commissions, and authorities due to resignations of board members and vacancies to be
created upon the expiration of terms of current members. Applications were solicited during
September and October. Council teams interviewed applicants during November and December.
This Resolution appoints individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies
will be advertised as needed.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Mayor Pro Tem Horak noted all Boards .and Commissions applicants are interviewed and
members are well commended for their volunteer hours.
Mayor Troxell commended board and commission applicants and members.
• STAFF REPORTS
City Manager Atteberry stated he was pleased with the shelter plan put in place prior to the
severely cold weekend and emphasized the need for community -wide coordination.
Jeff Mihelich, Deputy City Manager, stated every individual who sought shelter over the
weekend received it. The severe weather emergency shelter plan was developed over the
summer in collaboration with community stakeholders. The triggers for the plan involve a
severe winter storm warning, a wind chill advisory, or overnight temperatures below zero. He
reiterated any type of emergency call should be directed to 911.
'Jackie Kozak -Thiel, Chief Sustainability Officer, discussed the details of the emergency shelter
plan and the roles of the various shelters and non -profits in the community. She noted there were
individuals who refused shelters and they were checked upon throughout the evening.
Mayor Troxell discussed the Family Faith Hospitality program, and the City's goals regarding
homelessness.
Councilmember Overbeck asked if staff is planning to meet with Pastor Ramer and the
Mennonite Church. Kozak -Thiel replied in the affirmative.
Councilmember Overbeck suggested the placement of easily accessible information on the City's
web page.
Councilmember Stephens stated one of the gaps needing to be filled may be for individuals who
are under the influence of drugs or alcohol. 'She requested additional information regarding
efforts made to get families into safe shelters and housing.
Councilmember Cunniff thanked the community partners and suggested the definition "of severe
weather could potentially be reevaluated in the future.
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December 20, 2016
Councilmember Campana commended Kozak -Thiel and staff on their work in coordinating with
community entities.
• COUNCILMEMBER REPORTS ,
Councilmember Overbeck reported on EPIC's 301h anniversary and grand re -opening celebration,
a visit to Longmont regarding its broadband service, and a discussion on homelessness with
Senator Kefalas.
Councilmember Stephens reported on EPIC's celebration and remodel. She provided
information regarding resources for individuals who may need support through the holidays.
Councilmember Martinez reported on EPIC's celebration.
Councilmember Cunniff reported on the liaison committee meeting with Poudre School District
and the County and the Housing Catalyst meeting.
Mayor Pro Tern Horak reported on the I-25 Coalition meeting and new focus on the area
between Highway 402 and 66. He also reported on the Boxelder Basin Regional Stormwater
Authority meeting and the Platte River Power Authority 2017 Budget.
i
Councilmember Campana discussed the wide knowledge base of Council and the Legislative
Review Committee meeting with state legislators. He reported on a visit by the Assistant
Director of "It's On Us" and a potential summit to be held in Fort Collins in April.
Mayor Troxell commended the EPIC remodel and reported on the recognition of the Michigan
Ditch tunnel project team members. He also reported on the Colorado Municipal League
Executive Board meeting.,
Councilmember Martinez reported he was selected to be on the National League of Cities
committee for public safety and crime prevention.
• OTHER BUSINESS
Councilmember Cunniff requested Council support to move forward with a letter to the
President-elect about climate change.
Mayor Troxell discussed the draft letter he has prepared and stated his intention is to send the
letter in the next week or two.
Councilmember Cunniff requested and received Council support to contemplate a similar
resolution regarding Council endorsement of the Climate Mayors' letter but not requiring the
Mayor to act.
Mayor Troxell stated he would send a copy of the letter to the Climate Mayors' organization.
Councilmembers Campana and Martinez opposed an additional resolution.
City of Fort Collins Page 198
December 20, 2016
Councilmember Stephens discussed the importance of the impact of a letter with multiple signers
and supported the sending of both letters.
Councilmember Campana discussed the Colorado Municipal League letter and expressed some
concern regarding a form letter.
Mayor. Pro Tern Horak suggested examining whether the Mayors who have signed the letter have
executive power. .
Mayor Pro Tern Horak requested and received Council support for a work session regarding
short-term rentals.
Councilmember Campana discussed the U+2 work session and stated staff will be looking at
reducing the -scope of the study of the ordinance and its assessment. In terms of funding of the
study, he stated his thinking on funding partners has changed and suggested the City needs to
fund the entire study to eliminate potential bias.
Councilmember Cunniff supported the City funding a study of a lesser scope;
Councilmember Martinez did not support a partial study.
Councilmember Overbeck stated he would like to see a range of costs and scope.
Councilmember Stephens supported Councilmember Campana's suggestion.
Councilmember Campana stated the larger issue is funding rather than scope.
City Manager Atteberry stated staff will present Council with information regarding scope and
budget prior to the beginning of the study.
Mayor Pro Tern Horak discussed the importance of the outreach process and steering committee
or stakeholder group.
Councilmember Overbeck asked if the Economic Advisory Commission reviewed the U+2 work
session or data. Ginny Sawyer, Policy and Project Manager, replied in the negative, given the
preliminary nature of the work session presentation; however, that can be done in the next
iteration.
Mayor Pro Tem Horak requested and received Council support for development of an Ordinance
regarding a Charter change for non -temporary appointments of additional Municipal Judges.
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December 20, 2016
• ADJOURNMENT
The meeting adjourned at 8:25 PM.
ATTEST: CSEAL
City Clerk lahledc
City of Fort Collins Poge 200