HomeMy WebLinkAboutMINUTES-02/07/2017-RegularFebruary 7, 2017
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 stated a, brief staff report will be presented for Item No. 19, Second
Reading of Ordinance No. 009, 2017, Appropriating Prior Year Reserves in the Storm Drainage
Fund to Pay 2017 Fees for the City of Fort Collins Areas within the Boxelder Basin Regional
Stormwater Authority, and withdrew Item No. 20, Items Relating to the Submission of a City -
Initiated Ordinance Relating to Medical Marijuana Businesses to a Vote of the Registered
Electors of the City at the April 4, 2017, Regular Municipal Election, for additional staff work.
• CITIZEN PARTICIPATION
Eric Sutherland stated Item No. 20, Items Relating to the Submission of a City -Initiated
Ordinance Relating to Medical Marijuana Businesses to d Vote of the Registered Electors of the
City at the April 4, 2017, Regular Municipal Election, which was withdrawn from the agenda,
would be impermissible under the City Charter.
Helen Taylor, Fort Collins Prairie Dog Relocation Group, thanked the City for steps taken
toward protecting the remaining urban prairie dog colonies.
Kevin Jones, Fort Collins Area Chamber of Commerce, opposed the upcoming proposed fee
increases, stating the general community has not been invited into the conversation.
Dory Arvis thanked the City for steps taken toward protecting the remaining urban prairie dog
colonies.
Rose Lew, Fort Collins Sustainability Group, opposed the planned rebranding of the Climate
Action Plan to not include "climate."
Christi Brockway urged Council to approve Land Use Code revisions and thanked the City for
promoting environmental stewardship.
Mala Vias supported short-term rentals.
Marcella Wells supported the Land Use Code changes relating to prairie dogs and stated land use
decisions should be made with an ecological ethos.
Mike Pruznick discussed courts favoring government over citizens and his use of the word
"crook."
Jana Newman requested an update regarding Sunday Transfort service.
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Adam Eggleston, Fort Collins Board of Realtors, expressed concern regarding increases to
capital improvement and transportation fees and requested a phasing option for all fees prior to
adoption.
Carrie Gillis expressed concern regarding fee increases and stated community input has been
lacking.
Hailey Dallas expressed concern that the proposed appropriate use of public space ordinance will
be disproportionately enforced and opposed its adoption.
Greg Miedema, Homebuilders Association of Northern Colorado, expressed concern regarding
fee increases.
Malik Rivers opposed the proposed appropriate use of public space ordinance.
Sue Ballou discussed short-term rental regulations and supported staff's recommendations.
John Drigot discussed John Ferris' death and expressed concern regarding the condition of
sidewalks near Poudre High School.
Lynn Thompson opposed the proposed appropriate use of public space ordinance, stating it
targets homeless individuals.
Cindy Minatta, Fort Collins Board of Realtors, requested Council provide direction to staff to
consider each fee on its own merit and seek more community input.
Jessica Aguila spoke on behalf of Christy Ann Gale opposing the proposed appropriate use of
public space ordinance. She stated it would criminalize homelessness. -
Jennifer Reisch opposed the proposed appropriate use of public space ordinance as lacking
compassion.
Lisa Eaton supported short-term rentals and noted there are many duplicate listings on VRBO
and Airbnb.
Kevin Harper discussed negotiations regarding eminent domain proceedings on his property.
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Brian Munsky opposed the proposed appropriate use of public space ordinance, stating it would
criminalize homelessness.
Sarah (no last name given) opposed the proposed appropriate use of public space ordinance.
Griselda opposed the proposed appropriate use of public space ordinance, stating it targets the
most vulnerable members of the population. She also opposed the proposed use of the Larimer
County jail for petty offenses.
Hank Stowers opposed the proposed appropriate use of public space ordinance and the proposed
use of the Larimer County jail for petty offenses.
Esther Aguila discussed mental health issues relating to homelessness and stated basic human
needs should not be criminalized.
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Michael (no last name given) opposed the proposed appropriate use of public space ordinance
stating it would criminalize homelessness.
Juliana (no last name given) opposed the proposed appropriate use of public space ordinance.
Laurel Smith stated she does a fair amount of business downtown and believes in shared public
space. She opposed the proposed appropriate use of public space ordinance and use of the
Larimer County jail for petty offenses.
Cheryl Distaso opposed any form of the appropriate use of public space ordinance. She
supported the process behind the Mayor's climate action letter.
Diana Clements showed a video in support of short-term rentals.
Cory Storb opposed any form of the appropriate use of public space ordinance.
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez commented on the upcoming fee increases and asked if any
communitywide outreach has occurred or if an analysis of the triple bottom line has occurred.
City Manager Atteberry replied there was an extensive public process; however, there was no
specific communitywide open house. Mike Beckstead, Chief Financial Officer, replied the
public outreach plan focused on the stakeholders impacted by the fees. Staff is well prepared to
re-engage in the process should Council desire. Phasing has been considered and those options
will be presented to Council.
Councilmember Martinez asked about the impact of smoking ban enforcement on the homeless
population. Police Chief John Hutto replied warnings are quite frequently issued prior to tickets
and noted officers often issue citations to individuals to whom they know a warning has been
issued. This occurs frequently in the downtown area.
Councilmember Martinez stated any type of sit -lie ordinance will be carefully scrutinized.
Councilmember Cunniff requested information about the outreach for the possible ordinance.
Jeff Mihelich, Deputy City Manager, replied staff detailed a very specific citizen engagement
program to engage the public. Specifically, this included, or will include, a super Board meeting,
meetings with the Downtown Business Association, Downtown Development Authority, Human
Relations Commission, and Commission on Disabilities. Two broad public meetings will also
occur and individuals can provide feedback through an online survey.
Councilmember Cunniff requested information regarding the rebranding of the Climate Action
Plan. Mihelich replied the language and Plan are not being replaced. The operationalizing of
that Plan involved the bridge language "Road to 2020;" that definition has now been broadened
to involve the implementation of the Climate Action Plan.
Councilmember Cunniff requested additional staff information regarding the status of dangerous
sidewalks.
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Councilmember Stephens thanked the speakers and discussed some of the things the City and
Council have done to assist with homelessness issues. She also discussed the importance of
addressing negative behaviors.
Councilmember Overbeck thanked the speakers who addressed the prairie dog issue and
commended speakers who presented ideas. He requested follow-up regarding Mr. Harper's
comments.
Councilmember Campana discussed the effectiveness of leadership and legislation through
innovation. He also discussed the issues related to citations in Old Town, noting a balanced
solution needs to occur.
Mayor Pro Tem Horak thanked the Prairie Dog Relocation Coalition and discussed the issues
relating to dangerous sidewalks.
Councilmember Martinez commented on the efforts of business people to address homelessness.
Mayor Troxell thanked the speakers and commented on the short-term rental issue regarding
neighborhood livability and property rights.
• CONSENT CALENDAR
Councilmember Cunniff withdrew Item No. 18, Resolution 2017-015 Making Appointments to
Various Boards and Commissions of the City of Fort Collins, from the Consent Agenda.
Eric Sutherland withdrew Item Nos. 12, Items Relating to Gateway at Prospect Plan Amendment
to the City Structure Plan Map and Rezoning of Two Parcels, and 17, Resolution 2017-014
Approving and Adopting an Open Data Policy, from the Consent Agenda.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Consideration and Approval of the Minutes of the January 3 and January 17, 2017 Regular
Council Meetings. (Adopted)
'The purpose of this item is to approve the minutes from the January 3 and January 17, 2017,
Regular Council meetings.
2. Second Reading of Ordinance No. 006, 2017, Appropriating Unanticipated Grant Revenue in
(Adopted)
This Ordinance, unanimously adopted on First Reading on January 17, 2017, appropriates a grant
received. by the Fort Collins Police Services Victim Services Unit in the amount of $48,000. The
grant, received from the Eighth Judicial District Victim Assistance and Law Enforcement (VALE)
Board, runs for the period from January 1, 2017 to December 31, 2017, and helps fund services
provided by this team. The 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
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office. A part-time victim advocate will be hired from this grant to help with the growing demand the
unit is facing. These funds will also pay for a portion of the operational expenses needed to provide
24-hour a day, 7-day a week services to victims of crime in the community.
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3. Second Reading of Ordinance No. 007, 2017. Appropriating Unanticipated Grant Revenue in
the General Fund for the Encore Fellowship Program. (Adopted)
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5.
This Ordinance, unanimously adopted on First Reading on January 17, 2017, appropriates $25,000
of unanticipated grant revenues to the General Fund from the Encore Fellowship Program to the City
of Fort Collins. Encore implements an innovative social purpose workplace initiative designed to
utilize experienced and talented corporate employees in the non-profit sector. The Encore Fellowship
Program will provide the City with 1,000 hours of paid hourly staff time in 2017 to support the City's
Indoor Air Quality initiatives, including the Healthy Homes program.
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Department Operating Budget. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 17, 2017, appropriates
unanticipated grant revenue in the General Fund for the Environmental Services Radon Program
and transfers existing and unexpended. appropriated funds from the Environmental Services 2017
operating budget to the Radon Grant project. The Ordinance appropriates $7,960 of unanticipated
grant revenues in the General Fund. The Colorado Department of Public Health and Environment
granted these funds to the City for a program to encourage radon testing and mitigation through
media advertising and low-cost test kit sales. The grant directly supports radon activities identified in
the Environmental Services Department's core budget offer. The grant requires a local match of
$5,307. Matching funds are appropriated and unexpended in the 2017 Environmental Services
operating budget and will be transferred to the Environmental Services Radon Program.
(Adopted)
This Ordinance, unanimously adopted on First Reading on January 17, 2017, authorizes the
execution of the amended and restated Nix Natural Area Conservation Easement, which is being
renamed the Kingfisher Natural Area Conservation Easement. The amended and restated
conservation easement offers a conveyance of a conservation easement on an additional 46.13
acres to Colorado Open Lands to mitigate the building envelope on an additional 6.12 acres to allow
for the future expansion of the Nix Farm Natural Areas Facility.
6. Items Relatinq to Cathy Fromme Prairie Natural Area Encroachments. (Adopted)
A. Second Reading of Ordinance No. 012, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Steven Jones.
B. Second Reading of Ordinance No. 013, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Frank and Lorenda Volker.
C. Second Reading of Ordinance No. 014, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Dane and Lynn Brandt.
D. Second Reading of Ordinance No. 015, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Barbara and Thomas Cynkar.
E. Second Reading of Ordinance No. 016, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Steven Huval.
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F. Second Reading of Ordinance No. 017, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Robert and Yukari Samuel.
G. Second Reading of Ordinance No. 018, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Stephanie Yang and Scott Lavolette.
These Ordinances, unanimously adopted on First Reading on January 17, 2017, authorize the sale
of seven small parcels of Cathy Fromme Prairie Natural Area Land, a total of 0.31 acres, to seven
residents of the Fox Hills Subdivision to resolve long-standing and significant encroachments.
7. Second Reading of Ordinance No. 019, 2017, Adopting the 2017 Amended Classified
Employees 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 17, 2017, amends City's
Classified Employee Pay Plan based on a market analysis conducted as agreed upon through the
2016-2017 Collective Bargaining Agreement with the Northern Colorado Lodge #3 of the.Fraternal
Order of Police (FOP). This agreement was approved by Council by Resolution 2015-104, on
December 1, 2015. Although ratified in 2015, the bargaining agreement specifies a salary data
collection method and evaluation process that included the postponement of final data collection and
analysis until January 2017 when additional benchmark data became available.. This data has been
collected and analyzed, resulting in the revised 2017 Classified Employee Pay Plan.
8. First Reading of Ordinance No. 021, 2017, Amending Land Use Code Section 3.4.1, Natural
Habitats and Features. (Adopted)
The purpose of this item is to consider potential changes to various Land Use Code requirements
related to the protection and mitigation of impacts to prairie dog colonies, sensitive and specially
valued species, and other natural habitats and features on development sites.
9. First Reading of Ordinance No. 022, 2017, Authorizing the City Manager to Enter into a Lease
Agreement with the Landowners Association for Phantom Canyon Ranches for Recreational
Use of Halligan Reservoir and Certain Surrounding Lands. (Adopted)
The purpose of this item is the authorization of a -lease agreement between the City of Fort Collins
and the Landowners Association for Phantom Canyon Ranches (the Association) for recreational
use of Halligan Reservoir and certain real property adjacent to Halligan Reservoir owned by the City
(Halligan Property). The Association has leased the recreational rights to the Halligan Property for
fishing, boating, and similar activities since 1988. Historically, the North Poudre Irrigation Company
(NPIC) leased the recreational rights for Halligan Reservoir to the Association. Because the City
now owns the Halligan Property, it has the right to lease recreational use of it. The Lease
Agreement would maintain historic leasing practices and will benefit the City in various ways, such
as gaining certain rights to access to the Reservoir using the Association's Meadow Creek Road,
assisting in the monitoring and maintenance of the Halligan Property, facilitating the ongoing federal
permitting process for the enlargement of Halligan Reservoir, and generating a revenue stream. The
Lease Agreement provides for three ten-year terms, but allows for early termination by the City, if the
enlargement of Halligan Reservoir receives authorization or if the City decides to no longer pursue
the enlargement of Halligan Reservoir.
10. Public Hearing and First Reading of Ordinance No. 023, 2017, Annexing Property Known as
the Rennat Annexation to the City of Fort Collins, Colorado. (Adopted)
The purpose of this item is to annex 57.83 acres located at 6015 South Timberline Road into the City
of Fort Collins. The parcel became an enclave with the annexation of the Hansen Farm Annexation
on February 15, 2013. As of February 15, 2016, the City was authorized to annex the enclave in
accordance with State Statute 31-12-106. Staff is recommending placement into the Residential
Neighborhood Sign district. The Rennat Annexation is situated between the Union Pacific
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Railroad/Southridge Golf Course to the west and South Timberline Road to the east. A related item
to zone the proposed annexation presented as the next item on this Agenda.
11. Public Hearing and First Reading of Ordinance No. 024, 2017, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Rennat Annexation to the City of Fort Collins, Colorado, and Approving Corresponding
Amendments to the 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 2015-091.
The purpose of this item is to zone the property included in the Rennat Annexation into the Low
Density Mixed -Use Neighborhood (LMN), Medium Density Mixed -Use Neighborhood (MMN), and
Neighborhood Commercial (NC) zone districts.
12. Resolution 2017-010 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 2016 from the Poudre Valley Fire Protection
District (the District) in accordance with state law. The properties affected by this resolution are
Lodgepole Investments, LLC Annexation, Maverik First Annexation, Mountain's Edge Annexation,
East Prospect at Boxelder Creek Annexation, Majestic Place Annexation, and the Cache la Poudre
River 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.
13. Resolution 2017-011 Adopting Findings of Fact and Conclusions Regarding the Appeal of the
Planning and Zoning Board Decision to Approve the Landmark Apartments Expansion,
PDP#160013. (Adopted)
The purpose of this item is to make Findings of Fact and Conclusions regarding the Appeal of the)
Planning and Zoning Board decision to approve the Landmark Apartments Expansion Project
Development Plan. -
14. Resolution 2017-012 Approving an Art Project for the Lincoln Corridor Plan Proiect and
Authorizing Expenditures from the Cultural Services and Facilities Fund to Commission an
Artist to Create the Art Project. (Adopted)
The purpose of this item is it to approve expenditures from the Art in Public Places Reserve Account
to commission an artist to create art for the Lincoln Corridor Plan Project. The expenditures of
$91,995 will be for design, materials, signage, fabrication, installation, and contingency for Mark
Leichliter to create a series of artworks for the Lincoln Corridor Plan Project.
15. Resolution 2017-013 Approving an Art Project for the Twin Silos Park and Authorizing
Expenditures from the Cultural Services and Facilities Fund to Commission an Artist to
Create the Art Project. (Adopted)
The purpose of this item is it to approve expenditures from the Art in Public Places Reserve Account
to commission an artist to create art for the Twin Silo Park Project. The expenditures of $67,000 will
be for design, materials, signage, fabrication, installation, and contingency for Tim Upham to create a
sculpture at the site of Twin Silo Park.
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• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff thanked the Prairie Dog Coalition.
• STAFF REPORTS
Larimer County Commissioner Steve Johnson reported on the Larimer County Annual
Community Report. He highlighted various County programs, including a subsidized
employment program for individuals on Temporary Assistance to Needy Families. He discussed
opportunities relating to I-25 improvements, landfill changes, and the reintroduction of
genetically -pure bison on open spaces.
• UPCOMING PROSPECT ROAD CLOSURES
Mark Jackson, Planning, Development and Transportation Services Deputy Director, discussed
the upcoming improvements to the Prospect and College area which will require some full
closures on Prospect and some lane drops on College Avenue. The project will include three
primary phases and will make major improvements to the congested intersection.
Councilmember Cunniff asked what efforts are being taken to allow business access during the
construction. Jackson replied very robust outreach plans are in place for residents and businesses
which will include wayfinding and detour information. At least one point of access will be in
place at all times. Jackson also discussed the methods by which neighborhood cut -through
traffic should be reduced. The best resource for individuals with questions or concerns is Access
Fort Collins.
• COUNCILMEMBER REPORTS
Councilmember Overbeck reported on his upcoming visit to the State Capital to testify before the
Transportation Energy Committee on HB 1102 dealing with rolling coal. He also reported on the
Metropolitan Planning Organization meeting.
Councilmember Martinez reported on the Ethics Review Board meeting.
Councilmember Stephens reported on the point -in -time homeless survey and the health and
wellness center open house at Centennial High School. She also reported on the Poudre Fire
Authority Station 8 grand opening and the Faith Family Hospitality fundraiser.
Councilmember Martinez reported on the Larimer County Food Bank's Empty Bowl fundraiser
and Poudre Fire Authority awards banquet.
Councilmember Overbeck reported on the point -in -time count and wellness center event.
Councilmember Campana reported on the first Business Community and Inclusion meeting, the
first summit for It's On Us, and a meeting with the regional Comcast leadeiship team.
Mayor Troxell reported on the naturalization ceremony at Dunn Elementary.
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(Secretary's Note: The Council took a brief recess at this point in the meeting.)
• CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS '
16. Resolution 2017-015 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 boards and.
commissions due to the resignation of a board member and a vacancy created upon the expiration of
a term. Applications were solicited from October through December. Council teams interviewed
applicants in January. This Resolution appoints individuals to fill current vacancies.
Eric Sutherland stated he attends Economic Advisory Commission meetings and the
Commission is deficient regarding the things that pose risks to the economy.
Councilmember Cunniff stated Glen Colton did not get reappointed and suggested including him
as an alternate member.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2017-015.
RESULT: RESOLUTION 2017-015 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
-• DISCUSSION ITEMS
17. Second Reading of Ordinance No. 009, 2017, Appropriating Prior Year Reserves in the Storm
Drainage Fund to Pay 2017 Fees for the City of Fort Collins Areas within the Boxelder Basin
Regional Stormwater Authority. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on January 17, 2017 by a vote of 6-1 (Nays: Cunniff)
appropriates $330,000 from prior year reserves in the Storm Drainage Fund, to pay stormwater
service and stormwater system development fees in advance to the Boxelder Basin Regional
Stormwater Authority (BBRSA) for those developed areas of the City of Fort Collins that also are
located within the BBRSA service area boundary based on existing development (i.e., impervious
surface area) conditions.
Prior to expenditure of the funds appropriated under this Ordinance, it is anticipated that an
intergovernmental agreement between the City and BBRSA will be negotiated clarifying the
provisions on which a prepayment will be made. Such an intergovernmental agreement requires
Council approval under City Code Section 1-22.
Jon Haukaas, Water Engineer Field Operations Manager, stated this item would appropriate prior
year reserves to make funds available for a pre -payment of 2017 fees to the Boxelder Basin
Regional Stormwater Authority. Prior to making the pre -payment, an agreement on terms and
conditions will be arranged. A City policy on the charging of interest does exist; however, as
this is an appropriation that remains within the Stormwater Fund, it is not considered a loan. If
this is not needed, and an agreement is not reached, these funds would then be used to pay fees
under the normal schedule.
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Eric Sutherland opposed the Boxelder Basin Regional Stormwater Authority stating land
condemnation did not occur appropriately. He also discussed Timnath's use of property tax
increment, stating they are abusing the process.
Councilmember Cunniff asked if the pre -payment is allowed by the IGA or if the IGA was re-
worked to allow the pre -payment. Haukaas replied the IGA that forms the Authority did not
need to be re -done; however, there is a potential for an additional IGA that lays out the specific
terms of any pre -payment.
Councilmember Cunniff asked about the need to do this now versus later. Haukaas replied this
action is simply an appropriation; the timing of the payment is still being worked out between the
member entities on the Boxelder Board.
Councilmember Cunniff asked if Council would have any authority over the payment after this
appropriation. Haukaas replied Council could direct staff to return if desired.
Councilmember Martinez asked if this action provides any loan violations as asserted by Mr.
Sutherland. Mayor Pro Tem Horak, Boxelder Board President, replied Fort Collins is attempting
to assure its ability to do things, if needed, as one of the three members of the Authority. The
funds are already in the two-year budget; this action would make them available this year if
needed. He stated no action would be taken without the best interest of the City and Council in
place.
Councilmember Martinez made a motion, seconded by Councilmember Campana, to approve
Ordinance No. 009, 2017, on Second Reading.
Mayor Pro Tem Horak stated this would provide an option for the City and noted Timnath has
already promised it would upfront money as well. i
Councilmember Cunniff expressed concern about the overall direction of the Authority.
Mayor Troxell thanked Mayor Pro Tem Horak for his work on the issue.
RESULT:
ORDINANCE NO. 009, 2017, ADOPTED ON SECOND READING [6 TO 1]
MOVER:
Ray Martinez, District 2
SECONDER:
Gino Campana, District 3
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Horak
NAYS:
Cunniff
19. Resolution 2017-017 Adopting Amended Rules of Procedure Governing the Conduct of City
Council Meetings and Council Work Sessions. (Adopted as Amended)
The purpose of this item is to update the Rules of Procedure for special Council meetings, to set out
a procedure for election protest hearings, to prohibit signs during quasi-judicial hearings before
Council, and to clarify where citizens may sit or stand during City Council meetings and work
sessions.
City Attorney Daggett discussed the proposed changes: reducing the number of agenda items for
a Special Meeting; adding a provision which lays out the process for a protest hearing; making
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various formatting changes; eliminating the holding of signs and props during a quasi-judicial
hearing; and reducing the amount of standing traffic in the aisles during meetings.
Mike Pruznick agreed with the proposed changes but suggested they will not have the intended
impact by themselves. He suggested Council look at the bigger picture regarding the root cause
of the disruptions.
Councilmember Martinez suggested citizen participation should not be limited during Special
Meeting.
Mayor Pro Tern Horak stated Special Meetings are generally called for a specific purpose and
citizens can speak on that topic.
Councilmember Cunniff proposed revising the language to allow signs which are admissible as
evidence and the presenting party -of -interest consents. City Attorney Daggett stated this section
is about public conduct during meetings, which is distinguishable from an authorized speaker
during a hearing; however, she stated she does not see any problem with clarifying the language.
Councilmember Martinez asked if exceptions could be made for media photography or .
videography. City Attorney Daggett noted changes could be made at the discretion of the
presiding officer.
City Attorney Daggett displayed language to address the display of signs by authorized speakers
in connection with their hearing testimony.
Councilmember Stephens stated these changes will aid in allowing free movement by individuals
with canes, crutches, or wheelchairs. `
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2017-017 as amended.
Councilmember Martinez stated he would not support the motion as citizen participation should
be allowed at Special Meetings.
Councilmembers discussed the advantages of the proposed changes.
RESULT:
RESOLUTION 2017-017 ADOPTED AS AMENDED [6 TO 1]
MOVER:
Gerry Horak, District 6
SECONDER:
Gino Campana, District 3
AYES:
Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
NAYS:
Martinez
• CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS
20. Items Relating to Gateway at Prospect Plan Amendment to the City Structure Plan Map and
Rezoning of Two Parcels. (Adopted)
A. Resolution 2017-009 Amending the City's Structure Plan Map.
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B. Public Hearing and First Reading of Ordinance No. 025, 2017, Amending the Zoning Map of the
City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as
the Gateway at Prospect Rezoning and Making Corresponding Changes to the Sign District
Map.
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This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council's Rules of
Meeting Procedures adopted in Resolution 2015-091.
These items are related to a development application being submitted for an Overall Development
Plan (ODP) on a parcel of vacant land located at the northwest quadrant of 1-25 and East Prospect
Road. The purpose of these items is twofold. first to amend the City's Structure Plan map (which is
a component of the City's comprehensive plan) to change two land use designations applicable to
the site; and second to rezone the site.
The Structure Plan amendment proposes to change the existing land use designations applicable to
the site to promote the public welfare and be consistent with the vision, goals, principles and policies
of the City Plan and the elements thereof by reflecting land uses `consistent with changed conditions
within the neighborhoods surrounding and including the site.
The rezoning proposes to change the existing zoning of the entire 22.43-acre site, which includes
12.40 acres of land currently zoned L-M-N, Low Density Mixed -Use Neighborhood and 10.03 acres
of land currently zoned E, Employment. The proposed rezoning amends the zoning map for the
entire site to M-M-N, Medium Density Mixed -Use Neighborhood Zone District.
Both the rezoning and the ODP are designed to facilitate a future multi -family development project
on the subject 22.43 acres (also designated as Parcel J on the amended ODP). While multi -family is
a permitted use in the L-M-N zone district, it is capped at 12 dwelling units per gross acre, 12 units
per building and 14,000 square feet per building. The applicant seeks to develop a project that
exceeds these parameters. While multi -family is also a permitted use in the E zone district, and not
restricted by the L-M-N metrics, the applicant has voluntarily requested a down -zoning to M-M-N in
order to create a unified development parcel with singular, unified zoning.
The request to rezone the two subject parcels complies with the standards and criteria of Land Use
Code Section 2.9(H). In addition, and in compliance with Section 2.9(1), staff is recommending
seven conditions of approval to ensure that all aspects of the future multi -family development
measures up to the principles and policies of City Plan.
On January 12, 2017, the Planning and Zoning Board voted unanimously (6-0) to recommend
approval to City Council.
Mayor Troxell noted this item is a quasi-judicial matter.
Eric Sutherland questioned the benefit of the rezoning to the community -at -large. .
City Attorney Daggett outlined the process of the hearing.
Tim McKenna, Fort Collins I-25 Interchange Corner, LLC, identified himself as the applicant.
Ted Shepard, Chief Planner, discussed the proposed rezoning at the northwest quadrant of 1-25
and East Prospect Road. The Boxelder Basin runs diagonally through the property. The existing
structure plan shows LMN and Employment zoning and the proposed rezoning is for a
contiguous MMN parcel.
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February 7, 2017
Mr. McKenna noted the Planning and Zoning Board has approved a request for a modification to
the Overall Development Plan and recommended approval of the rezoning request, both on a 6-0
vote.
Eric Sutherland questioned the accuracy of the Code citation in the Ordinance and questioned
what the community is giving up by losing Employment zoning and increasing the number of
rental housing units.
Mr. McKenna stated part of the Employment -zoned section was given to the City as part of the
Boxelder project and the remainder would be better utilized as a multi -family site for affordable
housing. He stated Colorado construction liability practically limits condo construction;
therefore, the next entry-level housing is multi -family.
Councilmember Cunniff asked about the Code citation referenced by Mr. Sutherland. City
Attorney Daggett replied a number was dropped from the citation and that will be corrected prior
to Second Reading.
Councilmember Stephens noted there is currently no bus service to the property and she asked if
that expansion will be considered given the multi -family housing component. Shepard replied
the East Prospect Corridor is identified as an Enhanced Travel Corridor and will therefore have
not only bus service but other multi -modal opportunities at some point in the future.
Mr. McKenna stated a Letter of Map Revision needs to be issued by FEMA for the Boxelder
floodway prior to any construction on the property, which will not occur until May of 2018.
Transportation will also be impacted by the possible development of a new intersection as part of
the I-25 expansion.
Mark Jackson, Planning, Development, and Transportation Deputy Director, stated he does not
have a definitive answer regarding the extension of Transfort; however, it will be part of the
upcoming conversation around updating the Transit Master Plan.
Councilmember Stephens asked if child care services would be a permitted use. Shepard replied
in the affirmative.
Councilmember Campana made a motion, seconded by Mayor Pro Tem Horak, to approve
Resolution 2017-009.
RESULT:
RESOLUTION 2017-009 ADOPTED [UNANIMOUS]
MOVER:
Gino Campana, District 3
SECONDER:
Gerry Horak, District 6
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Councilmember Campana made a motion, seconded by Mayor Pro Tem Horak, to adopt
Ordinance No. 025, 2017, on First Reading.
City of Fort Collins Page 250
February 7, 2017
RESULT: ORDINANCE NO. 025, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Gerry Horak, District 6
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Troxell closed the hearing.
21. Resolution 2017-014 Approving and Adopting an Open Data Policy. (Adopted)
The purpose of this item is to adopt an Open Data Policy in support of the City's commitment to
improving the community by fostering open, valuable, effective, and accessible government through
data transparency. Publishing structured, standardized data in machine-readable formats creates
new opportunities for information from different sources to be combined and visualized in new and
unexpected ways, creating a platform for innovation, and for citizens to browse, interpret and dr w
attention to trends or issues with greater ease and efficiency. This Policy also addresses the ve
real need to balance transparency with protecting privacy and security concerns.
Eric Sutherland noted his efforts in raising concerns for transparency have driven much of this
policy and commented on the Boxelder Stormwater Authority.
Councilmember Cunniff made a motion, seconded by Campana, to adopt Resolution 2017-014.
Councilmember Cunniff commended work on the item.
Councilmember Overbeck commended staff work and the City's commitment to being
transparent.
J
City Manager Atteberry noted this policy relates to usability and accessibility as well.
Mayor Pro Tem Horak asked how new information presented to Council will fit into this policy.
Ginny Sawyer, Policy and Program Manager, replied information about short term will not be
placed on the City's website.
Mayor Troxell suggested establishing a partnership to provide complementary data.
RESULT: RESOLUTION 2017-014 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
City of Fort Collins Page 251
February 7, 2017
• ADJOURNMENT
The meeting adjourned at 9:45 PM.
Mayor
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City of Fort Collins Page 252
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