HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/06/2014 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE AAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY May 6, 2014
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the April 1 and April 15, 2014 Regular Council Meetings and the
April 22, 2014 Adjourned Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the April 1 and 15, 2014 Regular Council Meetings and
the April 22, 2014 Adjourned Meeting.
ATTACHMENTS
1. April 1, 2014 (PDF)
2. April 15, 2014 (PDF)
3. April 22, 2014 (DOCX)
April 1, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, April 1, 2014,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was
answered by the following Councilmembers: Campana, Cunniff, Horak, Overbeck, Poppaw,
Troxell and Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda. He discussed a
citizen request for Spanish language interpretation services at the meeting and stated an
interpreter is available, if needed.
Citizen Participation
Jonathan Carnahan, Fort Collins resident, opposed the fact the City’s citizen survey was not
available in Spanish and discussed census data regarding the number of Spanish speakers in the
community.
Eric Sutherland, 3520 Golden Currant, opposed the fact that citizen participation is not allowed
at Larimer County Commissioners’ meetings and stated Council is not receiving accurate
information from staff regarding the Boxelder Stormwater Authority.
Kalie McMonagle, Alliance for Suicide Prevention, discussed the history and success of suicide
prevention in Larimer County and announced various community events regarding the topic.
Fred Kirsch, Community for Sustainable Energy, discussed on-bill financing and stated its goal
is to provide access to capital to those who wouldn’t otherwise have that access.
Carl Wangsvick, Fort Collins resident, discussed neighborhood parking concerns and supported
expanded membership on the Parking Advisory Board to include neighborhood advocates. He
opposed the Transit Oriented Development parking requirement exception.
Myles Crane, Human Relations Commission, announced a bi-monthly series of public
information forums regarding mental health.
Benjamin Geller, CSU Vehicle Innovation Team, discussed the EcoCar2 competition aimed
toward fostering innovation in vehicle development.
Diane Smith, Senior Advisory Board, stated the Senior Center expansion construction is going
well, but expressed concern regarding the proposed name change, lapse in accreditation, and
lobby furniture.
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Mel Hilgenberg, 172 North College, announced community theater events, commended the
Platte River Power Authority listening session, discussed MAX bus service, supported the Fort
Collins Housing Authority, and commended Council for allowing citizen comment during its
regular meetings.
Citizen Participation Follow-up
Councilmember Cunniff requested a staff response to Mr. Kirsch’s on-bill financing questions
and congratulated the EcoCar2 team.
Mayor Pro Tem Horak stated the City is in the process of scheduling a meeting at the Senior
Center regarding the upcoming changes.
Councilmember Troxell discussed Mr. Wangsvick’s comments regarding parking issues and
commended the EcoCar2 team.
Councilmember Poppaw thanked Mr. Carnahan for his comments.
Mayor Pro Tem Horak stated there were very few individuals who applied for the Parking
Advisory Board who were not selected and noted the Board’s original focus was the downtown
area; however, the Board is charged with addressing neighborhood issues, as well.
Councilmember Cunniff thanked Ms. McMonagle for her comments and success to this point.
Councilmember Campana encouraged attendance at the suicide prevention 5K fundraiser on
April 19
th
.
Mayor Weitkunat opposed comments maligning City staff members.
CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the March 4, 2014 Regular Council Meeting.
The purpose of this item is to approve the minutes from the March 4, 2014 Regular Council
meeting.
2. Postponement of Items Relating to the Kechter Farm Annexation and Zoning to April 15,
2014.
Staff requests that Second Reading of the Kechter Farm Annexation and Zoning Ordinances
(Ordinance Nos. 005 and 006, 2014) be postponed until April 15, 2014. The final plat
approval should be considered by the Board of County Commissioners in April. Under the
Intergovernmental Agreement (IGA) with Larimer County, the City has agreed to not annex
lands within the Fossil Creek Reservoir Area Plan until after final plan approval by the
County. Postponing this item until the April 15 meeting will honor the City’s commitment in
the IGA.
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130
3. Second Reading of Ordinance No. 043, 2014, Appropriating Unanticipated Grant Revenue
in the General Fund and Authorizing the Transfer of Appropriated Amounts Between
Accounts and Projects for the Multi-Jurisdictional Northern Colorado Drug Task Force.
This Ordinance, unanimously adopted on First Reading on March 18, 2014, appropriates
federal grant monies received from the Office of National Drug Control Policy ($95,853)
and the Department of Justice ($57,722) to fund a portion of the investigation of illegal
narcotics activities in Larimer County by the Northern Colorado Drug Task Force. These
grant awards will be used to offset operating expenses for each participating agency.
In addition, because of the significant decrease in federal funds available for drug
enforcement, the Northern Colorado Drug Task Force is transferring $236,160 from its
forfeiture reserve account to its 2014 operating budget to cover unfunded expenses. The
majority of the forfeiture reserve account is made up of assets seized from people engaged in
illegal drug activities.
4. Second Reading of Ordinance No. 045, 2014, Authorizing the Purchasing Agent to Enter
into an Agreement for the Financing by Lease-Purchase of Vehicles and Equipment and
Appropriating the Amount Needed for Such Purchases.
This Ordinance, unanimously adopted on First Reading on March 18, 2014, authorizes the
lease-purchase of vehicles and equipment for the cost of $2,941,469. Payments at the 2.4%
interest rate will not exceed $313,029.11 in 2014. Money for 2014 lease-purchase payments
is included in the 2014 budget. The effect of the debt position on the City’s financial rating
will be to raise the total City debt to 2.38%. A competitive process was used to select
Pinnacle Public Finance for this lease. A 2014 Finance Department analysis of current and
historical equipment lease financing arrangements showed that lease-purchase is in the best
interest of the City given the normal spread between lease rate and reinvestment rate.
5. Second Reading of Ordinance No. 046, 2014, Adding a New Section to the City Code
Dealing with the Selection of Special Counsel for the City and Establishing a Procedure for
Considering Whether to Consent to Potential or Actual Conflicts of Interest on the Part of
Special Counsel.
This Ordinance, unanimously adopted on First Reading on March 18, 2014, establishes a
new process for selecting special legal counsel and for considering whether the City should
waive conflicts of interest that such counsel may have in particular situations.
6. First Reading of Ordinance No. 049, 2014, Appropriating Unanticipated Grant Revenue in
the Recreation Fund for the Adaptive Recreation Opportunities Program Paralympic Sport
Club.
The purpose of this item is to appropriate unanticipated grant revenue in the recreation fund
to be used for general operating support for the Adaptive Recreation Opportunities program
Paralympic Sport Club.
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131
7. First Reading of Ordinance No. 050, 2014, Appropriating Prior Year Reserves in the
General Fund for Waste Reduction and Diversion Projects to be Approved Through the
Waste Innovation Program.
The purpose of this item is to shift $18,794 accumulated during 2013 in the Waste
Innovation Fund account into the City’s General Fund account for approved projects to
develop new organizational processes to enable departments to divert more waste material
from landfill disposal.
8. First Reading of Ordinance No. 051, 2014, Appropriating Prior Year Reserves for Lapsed
Expenditures Authorized in 2013.
City Council authorized expenditures in 2013 for various purposes. Not all of the authorized
expenditures were spent or could be encumbered in 2013 because:
• there was not sufficient time to complete bidding in 2013 and therefore, there was no
known vendor or binding contract as required to expend or encumber some of the monies
• the project for which the dollars were originally appropriated by Council could not be
completed during 2013 and re-appropriation of those dollars is necessary for completion
of the project in 2014
• to carry on programs, services, and facility improvements in 2014 with unspent dollars
previously appropriated in 2013.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into
individual fund balances at the end of 2013 and reflect no change in Council policies.
Monies re-appropriated for each City fund by this Ordinance are as follows:
General Fund $ 898,805
Data & Communications Fund $ 300,000
Keep Fort Collins Great Fund $ 440,912
Light & Power Fund $ 230,183
Transportation Fund $ 96,000
9. First Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as
Dedicated at Book 1174, Page 543 of the Larimer County Records.
The purpose of this item is to vacate Scott Avenue right-of-way that is no longer necessary
or desirable to retain for public street purposes. This location will be the future site of the
Scott Plaza development project, which was approved at the Planning and Zoning Board
Public Hearing on January 9, 2014.
10. First Reading of Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way
as Dedicated on the Dechairo Subdivision Plat.
The purpose of this item is to vacate a portion of Plum Street right-of-way that is no longer
necessary or desirable to retain for public street purposes. The property owner adjacent to
this portion of right-of-way is requesting the vacation. This location is the future site of the
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Scott Plaza development project, which was approved at the Planning and Zoning Board
Public Hearing on January 9, 2014.
11. Resolution 2014-028 Directing the City Manager to Convene an Ad Hoc Advisory
Committee to Develop a Climate Action Plan for Achieving a Community-wide Greenhouse
Gas Emissions Reduction Goal of 80% with Respect to 2005 Levels by 2030.
The purpose of this item is to seek City Council clarification that the upcoming Climate
Action Plan update should strive for the goal to reduce community-wide greenhouse gas
emissions 80% with respect to 2005 levels by 2030; that it should describe steps the
community could take to meet that goal, and further describe steps the community could
take to achieve carbon neutrality by 2050; and to authorize the City Manager to appoint an
ad hoc advisory committee to oversee development of the plan.
In 2008, City Council adopted goals to reduce community greenhouse gas emissions 20%
below 2005 by 2020, and 80% by 2050. Economic opportunities and technological
advancements have emerged since 2008 that present new opportunities for Fort Collins
reduce emissions more rapidly while increasing reinvestment back into the community,
reducing environmental impacts, and ultimately saving money for the community. Recent
input suggests community interest in more aggressive goals and supporting information
about benefits and costs. This action sets the stage for the 2014 climate action planning
process by clarifying end point goals for 2030 and 2050, and defining a role for an ad hoc
advisory committee, with the goal to bring a draft plan back for City Council consideration
by the end of 2014.
12. Routine Deed.
The purpose of this item is to accept the dedication of right-of-way on Timberline from
Poudre School District. The City of Fort Collins is planning a road project to improve the
Horsetooth Road and Timberline Road intersection. The improvements include the addition
of turn lanes, as well as bicycle and pedestrian improvements. In anticipation of the City’s
upcoming project, and as per a Development Agreement dated November 3, 1992 and
recorded at reception number 19920069700, Poudre School District is dedicating the
necessary right of way for Timberline Road.
***END CONSENT***
Councilmember Cunniff withdrew Item No. 11, Resolution 2014-028 Directing the City
Manager to Convene an Ad Hoc Advisory Committee to Develop a Climate Action Plan for
Achieving a Community-wide Greenhouse Gas Emissions Reduction Goal of 80% with Respect
to 2005 Levels by 2030 from the Consent Calendar.
An unidentified audience member withdrew Item No. 9, First Reading of Ordinance No. 052,
2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174, Page 543 of the Larimer
County Records from the Consent Calendar.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Calendar. Yeas: Cunniff, Horak, Weitkunat,
Overbeck, Troxell, Campana and Poppaw. Nays: none.
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THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Troxell noted Item No. 10, First Reading of Ordinance No. 053, 2014, Vacating
a Portion of Plum Street Right-of-Way as Dedicated on the Dechairo Subdivision Plat, is related
to the pulled Item No. 9, First Reading of Ordinance No. 052, 2014, Vacating Scott Avenue
Right-of-Way as Dedicated at Book 1174, Page 543 of the Larimer County Records.
Mayor Weitkunat and Council agreed to withdraw Item No. 9, First Reading of Ordinance No.
052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174, Page 543 of the
Larimer County Records, in order to allow its discussion at the beginning of the meeting.
Staff Reports
City Manager Atteberry introduced County Commissioners Lew Gaiter and Steve Johnson to
provide an update on the Larimer County Community Report.
Commissioner Gaiter discussed the Community Report and the importance of the County in
providing services to its municipalities.
Commissioner Johnson commended Council and City staff and discussed the County’s
budgeting process and services. He specifically cited the County’s Workforce Center, Public
Health team, and child abuse and neglect staff.
Councilmember Reports
Councilmember Overbeck reported on the Arts in Public Places Board meeting and discussed the
2014 Pedestrian Paver Project and youth arts program.
Councilmember Cunniff reported on the Fort Collins Housing Authority Board meeting.
Ordinance No. 052, 2014,
Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174,
Page 543 of the Larimer County Records, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to vacate Scott Avenue right-of-way that is no longer necessary or
desirable to retain for public street purposes. This location will be the future site of the Scott
Plaza development project, which was approved at the Planning and Zoning Board Public
Hearing on January 9, 2014.
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BACKGROUND / DISCUSSION
In 1962, a 25-foot wide strip of land south of Plum Street between Shields Street and City Park
Avenue was dedicated to the City (Book 1174, Page 543), by the adjacent property owner (1201
Plum Street) at no expense to the City, for street right-of-way purposes. The owner of the
properties at 813 Scott Avenue, 1201 West Plum Street and 1205 West Plum Street has requested
that the City vacate this 25 foot by 335 foot strip of land that is adjacent to the properties. The
applicant has requested this vacation because they wish to redevelop their property that is
adjacent to Scott Avenue. Scott Avenue is not paved and only provides access to the existing
residential units at 813 Scott Avenue and 1201 Plum Street. The existing residential units on 813
Scott Avenue and 1201 Plum Street will be removed as part of the Scott Plaza development
proposal. With the vacation of right-of-way, easements for access, emergency access, drainage
and utilities would be retained, preserving rights to utilize the vacated portion for these
purposes.
The Campus West Planning Study Report (December 2001) identifies that a pedestrian or
vehicular connection should be provided at this location that, in the future, should extend to
Elizabeth Street. Through the development review process it has been determined that a
pedestrian connection will provide the desired connectivity that is outlined in the study and will
be accommodated by the Scott Plaza development plan and retention of the area as an access
easement. At such time that the property to the south redevelops (1220 West Elizabeth Street)
the pedestrian connection that is being provided with the Scott Plaza project will be continued
south to Elizabeth Street.
A memorandum requesting input about the vacation of Scott Avenue was sent to the utility
providers, potentially impacted City departments and adjacent property owners. The
neighboring property owner at 1113 West Plum Street has expressed opposition to the Scott
Avenue right-of-way vacation request. The original right-of-way dedication documents from
1962 have been reviewed and the City believes that the land will return to the property owner
that is requesting the vacation.
Vacations of public right-of-way are governed by City Code Section 23-115, which provides for
an application and review process prior to submission to the City Council for formal
consideration. The process includes review by potentially affected utility agencies, City staff,
emergency service providers, and affected property owners in the vicinity of the right-of-way
proposed to be vacated. This review process was followed in conjunction with review of the
Scott Plaza Project Development Plan, and based on comments received; the Planning
Development and Transportation Director recommends that the vacation be approved.
FINANCIAL / ECONOMIC IMPACTS
There are no financial impacts to the vacation of this portion right-of-way.
ENVIRONMENTAL IMPACTS
There are no environmental impacts to the vacation of this portion of right of way.
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PUBLIC OUTREACH
A memorandum requesting input was sent to the utility providers, potentially impacted City
departments and adjacent property owners and feedback was received.”
Tyler Sigmund, Civil Engineer, stated staff members are available to answer questions.
Carl Wangsvick, Fort Collins resident, opposed the construction of large student housing
complexes with insufficient parking, particularly in the Campus West area. He cited safety
concerns and parking issues for residents.
Fred Kirsch, Fort Collins resident, asked if there is any type of outreach to CSU students
discouraging them from bringing cars to campus.
Councilmember Troxell requested staff describe the right-of-way vacation and its relation to
Item No. 10, First Reading of Ordinance No. 053, 2014, Vacating a Portion of Plum Street
Right-of-Way as Dedicated on the Dechairo Subdivision Plat. Sigmund replied the two items are
related as the property owner requesting the vacations has submitted a project development plan
for both properties. The vacation on Plum Street will clean up some additional right-of-way that
was dedicated along Plum Street that is no longer needed. The request to vacate Scott Avenue is
a full vacation of Scott Avenue, which is currently a dirt 25-foot right-of-way. The proposal is to
make Scott Avenue an enhanced pedestrian corridor; therefore, it will remain as a public access
easement.
Councilmember Troxell asked about a Campus West plan and drawings provided to Council.
Sigmund replied the plan was completed in 2001, but was never adopted by Council. The
signage drawing referenced by Councilmember Troxell is part of the development proposal, not
part of the plan. Clark Mapes, Planning Department, discussed the planning study completed in
2001 and stated it was never adopted as property owners in the Campus West area were not
supportive of an initiative by the City.
Councilmember Troxell asked about the development of a Campus West plan along with the
development of The District. Mapes replied The District fits within the referenced 2001 study;
however, there is no adopted plan for Campus West.
Councilmember Troxell asked if the vacation and proposed development are in the best interest
of the community. Mapes replied in the affirmative and stated staff has found this pedestrian
corridor to be an acceptable way to get the needed connection between housing on Plum Street
and the services on Elizabeth Street.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 052, 2014, on First Reading.
Councilmember Cunniff asked if Second Reading of this Ordinance could be delayed in order to
allow additional neighborhood outreach regarding the right-of-way vacation. Sigmund replied
notices were sent to affected adjacent property owners and feedback was received from the
property owner to the east opposing the vacation.
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Councilmember Cunniff asked if Second Reading could be delayed an additional two weeks.
Sigmund replied the developer is waiting to proceed with the Project Development Plan;
however, Council has the authority to make that change.
Councilmember Cunniff made a motion to amend, seconded by Councilmember Overbeck, to
delay Second Reading of the Ordinance by two weeks.
Councilmember Campana noted citizens will have the opportunity to provide input at Second
Reading and stated neighborhood meetings do not occur for right-of-way vacations.
Councilmember Troxell stated he would not support the amendment but encouraged any
requested information be provided prior to Second Reading.
Mayor Pro Tem Horak stated citizen concerns were surrounding parking rather than the vacation.
The vote on the motion to amend was as follows: Yeas: Overbeck, Poppaw and Cunniff. Nays:
Horak, Weitkunat, Troxell and Campana.
THE MOTION FAILED.
The vote on the original motion was as follows: Yeas: Weitkunat, Troxell, Campana and Horak.
Nays: Overbeck, Cunniff and Poppaw.
THE MOTION CARRIED.
Resolution 2014-028
Directing the City Manager to Nominate for Council Appointment
an Ad Hoc Advisory Committee to Develop a Climate Action Plan for Achieving a
Community-wide Greenhouse Gas Emissions Reduction Goal
of 80% with Respect to 2005 Levels by 2030, Adopted
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to seek City Council clarification that the upcoming Climate Action
Plan update should strive for the goal to reduce community-wide greenhouse gas emissions 80%
with respect to 2005 levels by 2030; that it should describe steps the community could take to
meet that goal, and further describe steps the community could take to achieve carbon neutrality
by 2050; and to authorize the City Manager to appoint an ad hoc advisory committee to oversee
development of the plan.
In 2008, City Council adopted goals to reduce community greenhouse gas emissions 20% below
2005 by 2020, and 80% by 2050. Economic opportunities and technological advancements have
emerged since 2008 that present new opportunities for Fort Collins reduce emissions more
rapidly while increasing reinvestment back into the community, reducing environmental impacts,
and ultimately saving money for the community. Recent input suggests community interest in
more aggressive goals and supporting information about benefits and costs. This action sets the
stage for the 2014 climate action planning process by clarifying end point goals for 2030 and
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2050, and defining a role for an ad hoc advisory committee, with the goal to bring a draft plan
back for City Council consideration by the end of 2014.
BACKGROUND / DISCUSSION
Fort Collins has a long and thoughtful history of community planning, including taking steps to
reduce our carbon footprint and implementing actions to improve our resiliency against a
changing climate. Community support for reducing greenhouse gas goals has been significant
since the Climate Action Plan (CAP) was first adopted in 1999 and then updated in 2008. In
2012, the community reduced greenhouse gas emissions while population rose and a key
measure of economic growth - sales and use tax revenue - increased.
The Climate Action Plan and corresponding Energy Policy continue to support several
community values and strategic outcomes including Economic Health, Community Livability,
Environmental Health, Safe Community, and Transportation. The Energy Policy sets a solid
foundation for successful, nationally recognized energy efficiency programs and increased
renewables. The ClimateWise voluntary business assistance program, born out of the original
Climate Action Plan, now assists over 300 local businesses in reducing emissions while saving
money. Energy Policy programs provided $20M annual benefits in 2012 and ClimateWise
partners saved $14 million in 2012 alone, and over $73 million since the program began in
2000.
Important community activities such as the Mason MAX corridor, economic clusters (clean
energy, water, and local food), and the new Road to Zero Waste Plan serve many community
priorities while also reducing greenhouse gas emissions. Air quality benefits also accrue from
actions that reduce fossil fuel emissions and resource consumption.
Need to Update Climate Action Plan
There are several reasons why Fort Collins should update its Climate Action Plan, including the
opportunity to capitalize on new technological and economic opportunities that have emerged
since 2008, and the increasing urgency to reduce our carbon footprint and become more
resilient in the face of climate disruption. Fort Collins has an opportunity to sustain and
advance its leadership position by developing and implementing an updated CAP that leverages
existing achievements and opportunities. In doing so, Fort Collins could embark on a
transformative path of reinvestment in community-based energy systems, put itself at the national
forefront of innovation, stimulate local economic health, reduce outflows of money from the
community, improve security, and reduce risk.
On February 11, 2014, the City Council held a work session to discuss alternative community
greenhouse gas goals. There was strong support for the upcoming climate action planning to
work towards a steeper rate of greenhouse gas reduction, with a special emphasis on
accomplishing reduction now and in the near-term, through upcoming budget cycles. The
importance of partnerships was emphasized, especially with Platte River Power Authority and its
owner cities, as well as with university and academic institutions, and the private sector.
Attachment 3 summarizes that discussion.
Overall, two primary themes have emerged from recent public outreach on community
greenhouse gas goals. There is interest in more aggressive community GHG goals, and there is
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interest in seeing more details about the anticipated benefits and costs of meeting these goals.
The upcoming Climate Action Plan process is intended to address both of these themes by
developing a draft plan to meet more aggressive goals and assessing the associated costs and
benefits, and gathering public input throughout this process.
CAP Update Planning Goals
The proposed resolution requests that the Climate Action Plan be updated to describe steps the
community could take to accelerate our goal to achieve community-wide greenhouse gas
emissions reduction of 80% below 2005 levels by 2030. That end point represents the result of
an analysis prepared by the Rocky Mountain Institute to evaluate how fast Fort Collins could
achieve an 80% reduction below 2005. Their report
(<http://www.rmi.org/PDF_fort_collins_energy_climate_goals>) investigates opportunities in
three sectors: buildings, electricity supply, and transportation. The report draws on best
practices, technology trends, and plausibly achievable goals for customer adoption. The
analysis is based on existing technologies and proven adoption rates, but assumes maximum
proven adoption rates in all sectors, sustained over time.
The report suggests that Fort Collins can achieve 80% reduction below 2005 by 2030 while:
Reducing building energy use 31% through efficiency,
Achieving carbon neutral electricity by 2030,
Reducing transportation emissions by 48%,
Achieving $165 million net present value savings by 2030, and
Achieving $1.8 billion net present value savings by 2050.
The RMI report provides a good starting point for an update to the Climate Action Plan.
Additionally, community stakeholders have expressed interest in seeing Fort Collins aspire to a
vision of becoming carbon neutral. (See Attachment 1 describing Council advisory board
recommendations.) The 2009 Fort Collins Energy Policy also describes a 2050 vision for
becoming carbon neutral:
To ensure for the Fort Collins community a highly reliable, competitive, carbon
neutral electricity supply, managed in a sustainable, innovative, responsible
and efficient manner.
To that end, the CAP update will include a list of steps the community could take to achieve
carbon neutrality (a 100% reduction in greenhouse gas emissions) by 2050. The list of
additional strategies to get from 2030 to 2050 will not undergo a comprehensive quantitative
analysis but will identity opportunities that the community should be planning for to achieve
carbon neutrality.
Community Involvement in CAP Update
Community support will be essential to achieve future community greenhouse gas goals. Staff
proposes to convene an ad hoc advisory committee of stakeholders, including residents and
business entities, to participate in the 2014 Climate Action Plan update to:
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Ensure various perspectives are heard and that the draft CAP reflects the desires of the
community,
Tap into the expertise and innovation in the community, and
Build critical partnerships and support for CAP implementation, including
recommendations for on-going public engagement to implement the plan.
An Advisory Committee of key stakeholders will be convened to provide input to the update of the
Climate Action Plan. Participants will be sought from the sectors listed below.
Citizen Sector (Council advisory board representatives)
Will seek representatives from among Air Quality Advisory Board, Economic Advisory
Commission, Energy Board, Natural Resources Advisory Board, Parking Board, and
Transportation Board.
Business, Environmental, and Social Sectors
Will include representatives to be drawn from groups such as ClimateWise Steering
Committee, Chamber of Commerce, Fort Collins Sustainability Group, Board of
Realtors, Energy and/or Water Cluster representatives, Home Builders of Northern
Colorado, Northern Colorado Renewable Energy Society, Communities for Sustainable
Energy, Sierra Club, faith-based communities, Community Foundation, Poudre Valley
Health Systems, Vida Sana, etc.
Major Stakeholders
Will include at least one representative each from Colorado State University, Poudre
School District, and Larimer County.
Subject Matter/Technical Experts
Will include subject matter experts to represent the issues of climate change science,
water resources, public health, and utility providers (including a representative from
PRPA). Technical experts may be formed into a separate sub-committee.
An engagement and implementation committee may also be developed to focus on public
engagement strategies to implement the plan, with special emphasis placed on key stakeholders
and potential funders, reaching students and faith-based communities, and leveraging the work
of non-profits.
Additional public outreach to develop and vet the plan will include forums, presentations to
Boards and community groups, and a Web site to provide information and obtain comments.
CAP Update Technical Assistance
Consulting expertise has been retained to support technical work associated with the plan
update. Analyses will include:
An updated greenhouse gas emissions forecast;
Best practice research, including new areas such as net zero cities, food, etc.;
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Development of potential emission reduction strategies and generation of various
scenarios for the emissions trajectory through 2030, which may include sector specific
and interim targets;
Evaluation of first-cost, ongoing costs/savings, return on investment, and other
appropriate metrics; and where possible, other leading-edge benefit calculation
methodologies;
Analysis of who pays and who saves, cost impact scenarios, and financial model
scenarios;
Integration with climate adaption strategies; and
Triple bottom line analysis of strategies to aid in strategy prioritization and mitigation of
negative impacts.
Next Steps
The CAP update will occur during 2014 in close coordination with Platte River Power
Authority's resource planning process. Additionally, sector specific strategies and targets within
the CAP will align with and be informed by other initiatives being coordinated within Fort
Collins, such as the Energy Policy and Road to Zero Waste.
Following public outreach and adherence to a relatively aggressive schedule, a draft CAP will
be prepared for Council consideration by the end of 2014. The draft CAP will be created in an
accessible, visually pleasing format that is graphics-rich and text- light.
The proposed schedule is below.
April Form Ad Hoc Advisory Committee
Apr- June Public forum/input
Apr- June Discuss sector specific targets and begin strategy investigation
July - Aug Various scenarios (groups of strategies) for meeting goals and targets developed
August- Sep. Cost-benefit analyses and financial models developed for scenarios
Sept - Oct Public Forum / possible Council work session
Oct - Nov Draft plan developed and public/board comments sought
Nov - Dec Council review and consideration of draft CAP.
FINANCIAL / ECONOMIC IMPACTS
$60,000 in funding to support the Climate Action Plan update has been identified through the
2014 Mid-Couse budget cycle. This funding will be used for consultant assistance on best
practice research, evaluation of strategies and scenarios needed to meet the goal, cost:benefit
analyses of strategies, and creation of the draft plan.
Attachment 2 provides a preliminary “Sustainability Assessment” of accelerating community
greenhouse gas reduction, including broad potential economic impacts.
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ENVIRONMENTAL IMPACTS
The environmental impacts associated with the CAP update process itself (driving, materials use,
etc.) will be minimized to the extent reasonable through the use of green meeting practices,
capitalizing on electronic information, reducing paper use, etc.
Attachment 2 provides a preliminary “Sustainability Assessment’ of accelerating community
greenhouse gas reduction, including broad potential environmental impacts.
BOARD / COMMISSION RECOMMENDATION
City staff visited 5 boards at least twice in late 2013 and early 2014 to introduce the topic and
then seek feedback on potential future greenhouse gas goals. Relevant Board memos are
presented in Attachment 1 and summarized below.
Energy Board (2/7/13) - recommendation to review community GHG goals and
supporting plans, with the intent of moving towards more aggressive goals
Natural Resources Advisory Board (1/16/14) - recommendation for 40% below 2005 by
2020 and aspire to carbon neutral by 2050
Air Quality Advisory Board (1/31/14) - recommendation for reduction of 80% below
2005 by 2030 and aspiring to carbon neutral by 2050
Energy Board (2/6/14) - recommendation that the City adopt more aggressive GHG
goals, and adopt specific, achievable and measurable interim goals through 2030
PUBLIC OUTREACH
Public outreach was conducted on possible future greenhouse gas goals, including a public
forum on October 2013 that 65 people attended, board and commissions dialogue, and a Web
site input opportunity.
Two primary themes emerged from recent outreach; an interest in more aggressive community
GHG goals, and an interest in the details about the anticipated benefits and costs. The upcoming
Climate Action Plan process will address both of these themes by developing a draft plan to meet
more aggressive goals and assessing the associated costs and benefits, and gathering public
input throughout this process.”
Councilmember Cunniff stated he wanted to clean up some language regarding some of the
interim language and goals and the approval process for the ad hoc committee.
Kevin Cross, Fort Collins Sustainability Group, supported the Resolution and the formation of
the ad hoc committee.
Hunter Buffington, Fort Collins Sustainability Group, supported the Resolution and encouraged
the engagement of a broad group of individuals in this process.
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Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2014-028, with the following modifications: the City Manager is directed to nominate
an ad hoc advisory committee for Council approval, the incorporation of the City’s existing 2020
goals, and deletion of the phrase “after the year 2030.”
Councilmember Cunniff discussed his proposed changes.
Mayor Pro Tem Horak suggested a friendly amendment to include language regarding specific
and measureable steps that project the benefits and cost for the community. Councilmembers
Cunniff and Poppaw accepted the friendly amendment to the motion.
Mayor Pro Tem Horak supported the proposed changes and commended the Fort Collins
Sustainability Group for its assistance in crafting the Resolution.
Councilmember Troxell asked if the modification suggests Councilmembers are involved with
the interviewing process for committee members. Councilmember Cunniff replied the suggested
language would direct the City Manager to provide nominations for Council approval, not
involve Councilmembers in the interview process.
Bruce Hendee, Chief Sustainability Officer, stated staff would like the Climate Action Plan to be
up and running as quickly as possible.
Mayor Weitkunat noted the importance of a diverse group of individuals being placed on the
committee.
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Overbeck, Cunniff, Poppaw,
Campana and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 047, 2014,
Approving the Sixth Amendment to the Fort Collins-Timnath Intergovernmental
Agreement Regarding Cooperation on Annexation, Growth Management,
and Related Issues, to Update the Terms of Cost Sharing for Stormwater
Improvements in the Boxelder Basin, Adopted on Second Reading
The following is the staff presentation for this item.
“EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on March 18, 2014 by a vote of 4-3 (Nays: Cunniff,
Overbeck, Poppaw), amends the Fort Collins – Timnath Intergovernmental Agreement (IGA) by
revising Article 7 to reflect updated stormwater projects and associated cost sharing.”
Eric Sutherland, 3520 Golden Currant, questioned how stormwater improvements remedy urban
blight, given the use of Timnath Development Authority funds. He opposed Timnath’s use of
Development Authority funds.
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Councilmember Cunniff asked if Timnath has provided justification to the Stormwater Authority
for its use of Urban Renewal Authority funds. Deputy City Attorney Daggett replied she does
not have extensive information regarding the Timnath Development Authority; however, the tie
in is that these improvements are public improvements that enhance the ability for development
of the areas in the Development Authority.
Councilmember Overbeck asked if eminent domain can be executed in this agreement. Deputy
City Attorney Daggett replied there is not an intent that eminent domain would be used for the
covered improvements. Ken Sampley, Stormwater Floodplain Program Manager replied there is
no discussion about the use of eminent domain with regard to this IGA amendment.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 047, 2014, on Second Reading. Yeas: Weitkunat, Campana, Horak and Troxell.
Nays: Poppaw, Cunniff and Overbeck.
THE MOTION CARRIED.
Ordinance No. 048, 2014,
Authorizing the Execution of a New Intergovernmental Agreement Pertaining
to a Regional Road Impact Fee Program, Adopting a Regional Road Impact
Fee Schedule, Ratifying Certain Past Actions Related to Such Fee and
Amending Sections 7.5-8 and 7.5-87 of the City Code, Adopted on Second Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on March 18, 2014 by a vote of 4-2 (Nays: Cunniff,
Overbeck; Campana recused), authorizes a new intergovernmental agreement (IGA) with
Larimer County that allows for the collection of a Regional Road Impact Fee at the time of
development. The Ordinance adopts a fee schedule and ratifies past collections and certain
actions that were inconsistent with the City Code. The Ordinance also amends Section 7.5-85(d)
of the City Code pertaining to the remittance and expenditure of the fee.”
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Eric Sutherland, 3520 Golden Currant, stated the majority of funds for this fee come from Fort
Collins and stated public finance is misunderstood by City staff.
Councilmember Troxell made a motion, seconded by Mayor Pro Tem Horak, to adopt Ordinance
No. 048, 2014, on Second Reading.
Mayor Weitkunat noted the regional road impact fee pays for regionally significant roads within
the Fort Collins Growth Management Area, which provide a direct benefit to residents of Fort
Collins.
Councilmember Cunniff stated he would not support this item, given concerns regarding the
process and IGA being allowed to expire. He requested an action plan addressing these issues.
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City Manager Atteberry reiterated his comments regarding the City Clerk’s Office investigating
City contracts back to 2000. He noted the upcoming budget includes an offer to extend that
investigation to every agreement in the history of the City.
Mayor Weitkunat suggested the possibility of the inclusion of a scheduled review in the
Ordinance. Councilmember Cunniff replied his process concerns would still not allow him to
support the Ordinance.
The vote on the motion was as follows: Yeas: Weitkunat, Troxell, Poppaw and Horak. Nays:
Cunniff and Overbeck.
THE MOTION CARRIED.
Ordinance No. 054, 2014,
Appropriating Prior Year Reserves in the General
Fund for Municipal Court Reorganization, Adopted on First Reading
The following is the staff presentation for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to authorize and appropriate funding for a relatively minor
reorganization of the Municipal Court department. The Court requests $55,400 from the General
Fund Reserves to cover the prorated cost of a net 1.45 increase in classified/unclassified FTE.
This cost relates to three changes which are not included in the approved 2014 budget:
converting an existing 0.50 FTE Bailiff position from hourly to classified status, increasing an
existing 0.30 FTE classified Deputy Court Clerk II position to a 0.50 FTE, and adding a 0.75
FTE classified position of Court Security Officer. The changes are needed due to case load
changes and security concerns. The cost of the changes is anticipated to be covered by a recent
increase in the amount of the court cost assessed in appropriate cases. The changes were
included in the Municipal Court reorganization plan which was recently approved by the City
Manager’s Office.
BACKGROUND / DISCUSSION
The Municipal Court adjudicates traffic, misdemeanor, and civil infraction complaints. In 2013,
the Municipal Court processed approximately 33,000 cases to completion: 17,000 general cases
and 16,000 camera radar/red light cases. Currently, the Municipal Court organization includes
the following personnel who handle the general case load:
Position Classified/
Unclass. FTE
Hourly FTE Total
Municipal Court Judge 0.80 0.80
Court Administrator 1.00 1.00
Deputy Court Clerk II 1.30 1.30
Deputy Court Clerk I 2.50 0.50 3.00
Bailiff 0.50 0.50
Total 5.60 1.00 6.60
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Additionally, the Court has 1.0 FTE of contractual and hourly Court Clerks who handle the
Camera Radar/Red Light cases as well as an hourly Associate Judge and two Referees who are
used as needed.
The 2013-2014 approved Municipal Court budget includes funding for a security service
contract providing an armed security officer to monitor the courtroom, clerks’ office, front
lobby, hallways, prosecutors’ offices, and the defendants’ waiting areas.
Proposed Changes and Justification: The Municipal Court requests a net 1.45 increase in
classified/unclassified FTE. The following three changes are proposed for the Municipal Court
organizational structure:
1. Convert an existing 0.50 FTE Bailiff position from hourly to classified status.
In addition to acting as Bailiff for all Court proceedings, the Bailiff provides clerical
support for the Deputy Court Clerks. This allows the Clerks to focus on providing
customer service to citizens appearing in the office or making inquiries by phone or mail.
The Municipal Court case load has increased significantly over the past several years,
creating the need to increase the hours worked by the Bailiff. The Bailiff now consistently
works between forty (40) and fifty (50) hours per pay period. As the population of the
City increases, the Court anticipates that the case load will either maintain its current
level or increase; therefore the workload for this position will continue or increase, as
well. In order to maintain fairness and equity with other positions in the office, it is time
to change this position from an hourly status (no benefits) to a classified 0.50 FTE status.
2. Increase an existing 0.30 FTE classified Deputy Court Clerk II position to 0.50 FTE.
In December 2012, Municipal Court staffing changed following the retirement of the
Municipal Court Supervisor. While no net change in FTE occurred at that time, it
resulted in a classified Deputy Court Clerk II position of only 0.30 FTE. Unfortunately, a
position of that size can only be filled by an hourly employee. Current workload has
created the need to increase that position to 0.50 FTE to help with some of the complex
case processing and financial work which must be done daily. Without additional
support, the Court Administrator will have less time to devote to staff development, work
on statistical reports, and initiating innovative processes.
3. Add a 0.75 FTE classified Court Security Officer position.
The Municipal Court has completed two security assessments within the past three years,
both of which identified a number of concerns and suggested changes. One of the
suggestions was to have a security officer present. Since February 2013, the Court has
contracted with Vets Securing America for a POST-certified security officer during
arraignment sessions. Due to the reduction in incidents and some additional security
concerns during non-arraignment time-frames, we have expanded the use of this service
to include hearings, trials, and jury trials. In order to ensure consistency in personnel,
training, and services provided, we now recommend the creation of a classified position
of Court Security Officer. Fort Collins Police Services has agreed to provide a limited
commission and work with the Court on training requirements for this Security Officer.
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Budget: The increased personnel expenses related to this reorganization are not currently
funded in the Court’s 2014 budget. The costs involved would be as follows:
The incremental cost of changing the status of the Bailiff position from hourly to classified
is approximately $13,308 per year.
The incremental cost of increasing the Deputy Court Clerk II classified position from 0.30
to 0.50 FTE is approximately $15,484 per year.
The proposed salary for the classified 0.75 FTE Court Security Officer is equivalent to that
of a Natural Areas Trail Ranger, Park Ranger, and Transit Services Officer. The Court
would also need approximately $3,100 additional funds for purchasing uniforms and safety
equipment for the Officer. Currently, the Court has a small budget for security services:
$11,750 for 2014; with that offset, the incremental cost of the change described in this
Ordinance is $45,065.
The Court is requesting that its departmental budget for 2014 be increased by a pro-rated total
of $55,400 (relating to an effective date of April 2014).
Should the funding for the aforementioned changes be approved, the Municipal Court’s
organizational structure (for the general caseload) will be as follows:
Position Classified/
Unclassified
FTE
Hourly FTE Total
Municipal Court Judge 0.80 0.80
Court Administrator 1.00 1.00
Deputy Court Clerk II 1.50 1.50
Deputy Court Clerk I 2.50 0.50 3.00
Bailiff 0.50 0.50
Court Security Officer 0.75 0.75
Total 7.05 0.50 7.55
Municipal Judge Lane stated Ordinance No. 054, 2014 would appropriate funds for a minor
Municipal Court reorganization, including a ¾ time classified Court security officer.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 054, 2014, on First Reading.
Councilmember Cunniff thanked Judge Lane for bringing the item forth.
The vote on the motion was as follows: Yeas: Poppaw, Cunniff, Horak, Weitkunat, Overbeck,
Troxell and Campana. Nays: none.
THE MOTION CARRIED.
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Items Relating to the Fort Collins Municipal Court, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 055, 2014, Amending Section 19-4 of the City Code
Regarding the Failure to Pay Fine or Penalty.
B. First Reading of Ordinance No. 056, 2014, Amending Section 19-62 of the City Code
Pertaining to the Handling of Civil Infractions and Misdemeanor Offenses.
The purpose of this item is to codify certain changes in the judicial process to improve fairness
and efficiency. Ordinance No. 055, 2014, amends the City Code to remove the specific dollar
amount of credit a prisoner receives for jail served on failure to pay cases and, instead, specifies
that said amount will be listed in the Schedule of Fines established by the Municipal Judge. This
allows the Municipal Judge to periodically adjust that amount as appropriate. Ordinance No.
056, 2014, amends the City Code to indicate that if an incident gives rise to charges which would
normally be filed as a civil infraction and a misdemeanor, the charges are to be handled
together as a misdemeanor case. This avoids the time and confusion of having two separate
tickets filed with the Court, with separate procedures and costs relating to each.
BACKGROUND / DISCUSSION
A. First Reading of Ordinance No. 055, 2014, Amending Section 19-4 of the City Code
Regarding the Failure to Pay Fine or Penalty.
This item amends the City Code to remove the specific dollar amount of credit a prisoner
receives for jail served on failure to pay cases. This amount had been listed in the Code as $6.00
per day and had not been adjusted for years. Out of fairness, the Judge has been giving
defendants credit for more than that amount; $50 credit for each day of jail served has been
given for the last several years. In order to provide flexibility in adjusting this credited amount
as appropriate, the proposed ordinance removes the dollar amount and, instead, specifies that
said amount will be listed in the Schedule of Fines established by the Municipal Judge.
B. First Reading of Ordinance No. 056, 2014, Amending Section 19-62 of the City Code
Pertaining to the Handling of Civil Infractions and Misdemeanor Offenses.
This item amends the City Code to indicate that if an incident gives rise to two (or more) charges
which would normally be filed separately as a civil infraction and a misdemeanor, the charges
are to be handled together as a misdemeanor case. This changes the current practice of
enforcement officers having to issue two separate tickets in cases such as those involving an
Animal at Large charge, as well as a Dangerous Animal charge. In those cases, defendants are
currently faced with the potential of paying two sets of costs and having separate hearings if they
choose. The current practice has also increased the time spent by the Court to administer and
hear these cases. This change will streamline the process for all involved and avoid the
confusion which often arises from having two separate tickets relating to the same incident. The
proposed change is consistent with how traffic cases are handled under City Code Section 19-45.
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FINANCIAL IMPACTS
There is no financial impact from the first item. As to the second item, there is a minimal impact
since there are very few cases that will be affected. For those few cases, enforcement officers will
only have to issue one ticket instead of two, defendants who plead or are found guilty will pay
costs on one case instead of two, and the Court will have one trial on contested cases instead of
potentially a referee hearing as well as a trial relating to the same incident.”
Municipal Judge Lane discussed the necessity for the proposed Ordinances.
Councilmember Poppaw asked if records regarding socio-economic status are kept, in terms of
fines paid versus jail time served. Judge Lane replied there are no specific statistics on that
topic; however, the Court attempts to avoid sending individuals to jail for municipal infractions
and allows petitions for fine waivers and community service in lieu of fines.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 055, 2014, on First Reading. Yeas: Poppaw, Cunniff, Horak, Weitkunat,
Overbeck, Troxell and Campana. Nays: none.
THE MOTION CARRIED.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 056, 2014, on First Reading.
Councilmember Cunniff asked about the penalties for civil infractions. Judge Lane replied civil
infractions are only penalized by fines.
Councilmember Cunniff asked if the fines are comparable to those for misdemeanors. Judge
Lane replied the first offense for a civil infraction is $100, the second offense is $300, and the
third offense becomes a misdemeanor.
The vote on the motion was as follows: Yeas: Poppaw, Cunniff, Horak, Weitkunat, Overbeck,
Troxell and Campana. Nays: none.
THE MOTION CARRIED.
Mayor Weitkunat commended the Judge on her service and presentation.
Items Relating to Historic Preservation, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 057, 2014, Amending Chapter 14 of the City Code
Regarding Landmark Preservation.
B. First Reading of Ordinance No. 058, 2014, Amending Section 2-278 of the City Code
Pertaining to the Functions of the Landmark Preservation Commission.
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C. First Reading of Ordinance No. 059, 2014, Amending Section 3.4.7 of the Land Use Code
Pertaining to New Construction as it Affects Historic and Cultural Resources.
The purpose of this item is to present to Council the proposed changes to Chapter 2 and Chapter
14 of the City Code and Section 3.4.7 of the Land Use Code resulting from the 2012-2013
Historic Preservation Process and Codes Improvements Study.
BACKGROUND / DISCUSSION
In 2012 and 2013, per Council’s direction, historic preservation staff undertook a
comprehensive evaluation of the City’s Historic Preservation Program to enhance its
transparency, predictability, and effectiveness. Phase 1 of this review resulted in two substantive
changes to the City Code, adopted in August 2012:
An appeal process for determinations of eligibility, and for the determination of the effect
of proposed work on this eligibility; and
More specificity to Landmark Preservation Commission (LPC) member requirements,
ensuring compliance with Certified Local Government (CLG) standards.
Council directed that Phase 2 look more comprehensively at the various components that make
up the Historic Preservation Program. Based upon direction received at Council’s August 26,
2013 Work Session (Attachment 1), staff is bringing forward revisions to both the City Code and
Land Use Code (LUC) for Council’s consideration.
Code revisions, (Ordinance No. 057, 2014; Ordinance No. 058, 2014; and Ordinance No. 059,
2014), to improve transparency and predictability include:
A complete re-organization of Chapter 14, “Landmark Preservation,” and the addition
of explanations and references, enhancing the clarity and understanding of the Code,
grouping all eligibility information together and all landmark designation information
together. Previously, information was scatted throughout the Chapter;The inclusion of a
building’s context as a consideration in determining eligibility. Previously, each
property was looked at individually regardless of the surrounding character of the
property;
Having determinations remain valid for five years, rather than the current one year
period;
Adding a requirement that a minimum of three residents of the city must sign to submit an
application for a non-consensual landmark designation. Currently, one resident can
submit;
Change LUC Section 3.4.7(F), “New Construction,” to better clarify the area to be
considered when evaluating the compatibility of new structures, when a project involves
irregular shaped parcels or land that has not been platted in a standard grid pattern;
Requiring applicants to provide a Plan of Protection, showing how the applicant will
ensure that no damage will occur to any historic resources on or adjacent to the site;
Requiring repair, rather than demolition, of properties undergoing review under either
“Landmark Preservation” or “Historic and Cultural Resources,” and which are
declared dangerous by the Chief Building Officer. If a property is found to be an
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imminent threat by the Chief Building Officer, then an owner will have the option of
repair or demolition;
Providing penalties for actions that violate the protection mechanisms of the landmark
Preservation Code.
Code revisions to improve effectiveness and shorten review times include:
Adding the ability for the Community Development and Neighborhood Services (CDNS)
Director to be able to approve minor alterations on landmark properties
administratively, so that permit approval may be granted within days rather than weeks;
Adding the ability for the LPC Design Review Subcommittee, established by Council
under Ordinance No. 002, 2011, to provide recommendations to the CDNS Director on
plans it has reviewed and approved. The Director could then approve the plans
administratively, without the necessity of the Subcommittee recommendation going before
the full LPC for approval;
Adding the ability for the LPC to review development projects affecting individually
eligible and designated historic properties, and to provide a recommendation to the
Decision Maker. This action would provide important information to the Decision Maker
on projects subject to both historic preservation and development Code requirements.
The change would also bring the City into compliance with federal CLG requirements,
which recognizes the LPC as the City’s qualified historic review board;
Changing the LUC review process to add non-binding determinations of eligibility,
enabling potential historic resources to be identified without undue cost or delay to
development applications. This is the process currently used; however, these
determinations are not identified in the Code as non-binding, which has the potential to
cause problems.
FINANCIAL / ECONOMIC IMPACTS
These Code changes provide greater predictability to the Historic Preservation Code processes,
and provide for alternative review processes to facilitate project review, saving staff and the
public both time and cost.
BOARD / COMMISSION RECOMMENDATION
At its March 12, 2014 regular meeting, the Landmark Preservation Commission unanimously (9-
0) recommended approval of the Code revisions to City Codes Chapter 2, “Landmark
Preservation Commission,” and Chapter 14, “Landmark Preservation” (Attachment 2).
At its March 13, 2014 regular meeting, the Planning and Zoning Board unanimously (7-0)
recommended approval of the Code revisions to Land Use Code Section 3.4.7, “Historic and
Cultural Resources” (Attachment 3).
PUBLIC OUTREACH
Board and Commission Outreach:
Met with the Planning and Zoning Board at three meetings and work sessions;
Met with the Landmark Preservation Commission at 12 meetings and work sessions.
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Citizen Outreach:
Twelve-member Citizens Committee, with representation from all major stakeholders. This
committee convened three times during the fall of 2012 and spring of 2013, and provided
additional review through emails;
Public Open House held on January 28, 2014, attended by 12 citizens;
Attended three meetings of the Government Affairs Committee of the Board of Realtors, to
discuss proposed Code revisions;
Surveyed best practices of historic preservation programs in 22 peer communities, and
compared these with Fort Collins’ program to identify strengths and weaknesses;
Conducted an on-line survey of nearly 2,800 property owners and adjacent property owners
who went through Demolition/Alteration Review, to assess the relevancy and effectiveness
of this process.”
(Secretary’s note: Mayor Pro Tem Horak left the meeting at 8:00 p.m.)
Karen McWilliams, Historic Preservation Planner, discussed the development process for the
proposed Code changes and detailed those changes.
Bill Whitley, 618 West Mountain Avenue, supported the revisions.
Bill Jenkins, 710 Mathews Street, supported the revisions and discussed the demolition of the
historic Button House.
Joseph Simpson, Fort Collins resident, supported an increase in transparency with regard to the
historic preservation process.
Barbara Leibler, 710 Mathews Street, supported the revisions.
Gina Janett, 730 West Oak Street, supported the revisions and suggested a deadline for required
repairs be included. She also noted there are financial incentives available for such repairs.
Clint Skutchan, Fort Collins Board of Realtors, commended staff for work on this item and
stated the Board supports the revisions but would like to increase the number of signers
necessary for non-consensual petitions for historic designation.
Myrne Watrous, 723 West Olive, supported the revisions and the addition of a deadline for
required repairs.
Councilmember Overbeck asked if Fort Collins’ historic preservation regulations meet or exceed
State requirements. McWilliams replied Fort Collins’ codes meet or exceed the State and
National regulations in almost all cases.
Councilmember Cunniff asked if the deadline for repairs could be included. Laurie Kadrich,
Director of Community Development and Neighborhood Services, replied the issue of repair has
come up largely due to the Button House demolition and stated options regarding a timeline for
repairs could be explored prior to Second Reading. She supported a further public outreach
process and an additional ordinance regarding the repair issue.
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Councilmember Cunniff asked if offenses toward historic properties would fall under
misdemeanor offense status, absent any other penalty declarations. Kadrich replied in the
affirmative.
Councilmember Cunniff suggested the inclusion of additional specificity regarding the penalties
prior to Second Reading. Deputy City Attorney Eckman replied the penalty is set by the Court
and the City could choose whether or not to issue citations for each day of non-compliance.
Councilmember Cunniff expressed concern regarding the City’s ability to penalize offenses in
line with the extent of damage. City Attorney Roy detailed the extent of the consequences the
City can require through the Court.
Deputy City Attorney Eckman stated this Ordinance addresses concerns related to structures
such as the Button House with the plan of protection requirement.
Councilmember Cunniff asked if some type of bond or revocable fee which would accrue to the
City in the case that significant damage or destruction of the structure occurred could be
included. Deputy City Attorney Eckman replied in the affirmative.
Mayor Weitkunat asked about the repair requirement for dangerous structures. Kadrich replied
the Chief Building Official has the authority to declare a building or a structure dangerous;
within that definition, an imminent threat could be declared, in which case the building must be
demolished or immediate action must occur. A building declared dangerous could be secured so
as to preserve public safety and could then be repaired and/or demolished. She suggested this
issue be included in further public outreach in order to determine its applicability to historic
structures. The Landmark Preservation Code has regulations specific to locally designated
structures that require repair.
Councilmember Campana suggested time of repair language could potentially be included in the
plan of protection. He asked how often non-consensual designations occur. Kadrich replied
there have been two requests in the last couple years by an individual; in both of those cases, the
Landmark Preservation Commission has not passed a recommendation on to Council for
landmark consideration. McWilliams replied there was only one non-consensual building
designated in Fort Collins, the old post office building.
Councilmember Campana suggested more than three individuals be required for non-consensual
designations.
Councilmember Overbeck supported the recommendation for three individuals being required
for non-consensual designations. He agreed language regarding time of repair should be
included prior to Second Reading.
Councilmember Troxell asked if any of the new recommendations provide for better
coordination among City departments in terms of review and process. McWilliams replied
several internal process changes have been made in terms of program administration to enhance
cooperation between various departments; however, they are not necessarily reflected in the
Codes because they are more process-oriented rather than legislative-oriented.
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Councilmember Troxell asked if peer review validation will be required in terms of deeming
structures as historic. McWilliams replied a system is in place in which professional historic
preservation surveyors from outside Fort Collins are asked to provide input when the validity of
eligibility is in question.
Mayor Weitkunat clarified the landmark designation process initiation could come from the
Landmark Preservation Commission, property owner, or three or more residents of the City.
Councilmember Cunniff noted three individuals would not be deciding on landmark designation,
rather they would be filing a request for consideration of designation.
Councilmember Campana suggested the designation process be reviewed. McWilliams replied
the process begins with an application identifying a property the filer feels is significant to the
community, the Landmark Preservation Commission reviews the application and determines
whether or not the application is valid; if so, staff is directed to collect historical information and
begin the public outreach process, and a second meeting with the Commission is held. The
Commission will make a finding as to whether or not the property is eligible and will make a
finding as to why the property is significant enough that it should be brought forward for
consideration, even without the owner’s consent. Additional public outreach occurs following
the second hearing, then a third hearing is held and the Commission then adopts a Resolution
with its final recommendation.
Councilmember Campana asked about the process for a potentially historic structure submitting
an application for a remodel. McWilliams replied that property would fall under the
demolition/alteration historic review process, which involves an assessment of the building’s
eligibility, which can be appealed. If the property is found to be individually eligible, the
property owner then goes through the development review process. She noted there is no forced
designation in Fort Collins.
Councilmember Campana made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 057, 2014, on First Reading.
Mayor Weitkunat requested the inclusion of a larger number of individuals being required for
non-consensual designation.
Councilmember Cunniff requested information regarding other cities’ processes. McWilliams
replied some communities require only one individual, while others require up to fifty.
Councilmember Cunniff suggested that staff bring forward an optional number for that provision
prior to Second Reading.
Councilmembers Campana and Overbeck retracted the original motion.
Councilmember Campana made a motion, seconded by Mayor Weitkunat, to adopt Ordinance
No. 057, 2014, on First Reading, amending Section 14.2.1 from three residents to ten.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to amend the
motion to require three residents for non-consensual designations.
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Councilmember Poppaw supported the inclusion of three residents.
The vote on the motion to amend was as follows: Yeas: Overbeck, Troxell, Campana, Poppaw
and Cunniff. Nays: Weitkunat.
THE MOTION CARRIED.
The vote on the original motion was as follows: Yeas: Overbeck, Troxell, Campana, Poppaw,
Cunniff and Weitkunat. Nays: none.
THE MOTION CARRIED.
Councilmember Campana made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 058, 2014, on First Reading.
Councilmember Troxell requested additional information regarding the thinking behind fewer
individual designations and more district designations. Kadrich replied survey work has begun
and neighborhood planning efforts now include components of historic preservation.
The vote on the motion was as follows: Yeas: Troxell, Campana, Poppaw, Cunniff, Weitkunat
and Overbeck. Nays: none.
THE MOTION CARRIED.
Councilmember Campana made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 059, 2014, on First Reading. Yeas: Troxell, Campana, Poppaw, Cunniff,
Weitkunat and Overbeck. Nays: none.
THE MOTION CARRIED.
Resolution 2014-029
Appointing an Ad Hoc City Council Committee to Select and
Recommend a Name for a 31-Acre Natural Area, Adopted
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to appoint an ad hoc Council committee to develop a naming
recommendation for the 31-acre property recently conveyed from Woodward Governor to the
City’s Natural Areas Department (NAD).
BACKGROUND / DISCUSSION
Naming of new properties is governed by City Code Section 23-141 and 23-142 (Attachment 2).
There are two separate naming approaches described in those provisions. The first describes
the process when a personal name is under consideration. The second describes the process
when a personal name is not under consideration.
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1) If the property is to be named for a person or entities, the name must be approved by
Council resolution and after review by an ad hoc committee “formed for the purpose of
selecting and recommending a name for such property…” The ad hoc committee “may
be initiated by request of the City Manager or the Mayor or by majority vote of the City
Council.” In this case the Mayor initiated the request for an ad hoc committee.
a. If a personal name is to be considered, a resolution adopting the name shall
“include a description of the donation or other significant service or benefit to the
community… that is the basis for the designation of the name approved.”
b. If using a personal name the person(s) shall have been determined “to have
provided significant service or direct benefit to the community that has endured,
or will endure, over many years.”
c. If a donation is the basis for the personal name under consideration, the donation
generally “should be no less than seventy-five percent…of the value of the
property…”
2) If a personal name is not under consideration, the City Manager is authorized to
“establish administrative rules and procedures for the selection…” As a matter of
practice (and in accordance with an NAD administratively adopted policy) NAD staff
typically has solicited names from the public and chosen a name for its sites.
Prior to bringing forward a name to the City Manager or City Council for this particular
property, on January 15 Natural Areas staff recommended the name Coy Hoffman Natural Area
to the Land Conservation and Stewardship Board. The Board was opposed to this name for a
variety of reasons (Attachment 3).
At the Board’s February 12 meeting, the Board passed a motion to advise Council of its
opposition to the Coy Hoffman Natural Area. The motion also recommended that staff develop a
name in keeping with the site’s natural characteristics or Native American history.
In addition to Coy Hoffman Natural Area, staff proposed Swift Current as an alternative to Coy
Hoffman. The name is in keeping with the practice of naming Natural Area sites after the
natural characteristics of the site. Some Native American tribes called the river minnie luzahan,
which translates to “swift current.”
BOARD / COMMISSION RECOMMENDATION
At the time of this Agenda Item Summary, the Land Conservation and Stewardship Board had
not taken a position on the ad hoc Council committee. The Board, however, did pass a motion at
its February 12th meeting, expressing its opposition to Coy Hoffman Natural Area. The motion
also suggested that staff develop a name in keeping with the site’s natural characteristics or
Native American history (Attachment 4).
PUBLIC OUTREACH
In addition to its work with the Land Conservation and Stewardship Board, Natural Areas staff
conducted public outreach to solicit site names. Several citizens recommended names associated
with the pioneer history of the site; Swift Current also was suggested.”
John Stokes, Natural Resources Director, discussed the necessity for the ad hoc committee.
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Myrne Watrous, 723 West Olive, supported the name Coy Hoffman for the Natural Area and
noted approximately 1/3 of the City’s Natural Areas have been named for families connected to
those areas.
Mayor Weitkunat stated she will serve on the committee and suggested Councilmember
Overbeck consider serving as the property is within his District.
Councilmember Overbeck stated he would be delighted to serve on the committee.
Councilmembers Troxell and Cunniff expressed interest in serving on the committee, as well.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2014-029, inserting the names Mayor Weitkunat and Councilmembers Troxell,
Overbeck, and Cunniff to serve on the ad hoc committee.
Councilmember Poppaw thanked those willing to serve on the committee.
The vote on the motion was as follows: Yeas: Poppaw, Cunniff, Weitkunat, Overbeck, Troxell
and Campana. Nays: none.
THE MOTION CARRIED.
Other Business
Councilmember Cunniff asked that Council entertain further consideration of a resolution
opposing the fast track of the Trans Pacific Partnership. Additional Councilmembers supported
that consideration.
City Attorney Roy noted the title of Resolution 2014-028 will need to be modified to reflect the
changes made by Council.
Adjournment
The meeting adjourned at 9:15 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
April 15, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, April 15,
2014, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was
answered by the following Councilmembers: Campana, Cunniff, Horak, Overbeck, Poppaw,
Troxell and Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry suggested postponement of Item Nos. 6 and 15, Second Reading of
Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way as Dedicated on the
Dechairo Subdivision Plat and Second Reading of Ordinance No. 052, 2014, Vacating Scott
Avenue Right-of-Way as Dedicated at Book 1174, Page 543 of the Larimer County Records, until
May 6.
Citizen Participation
John Weinz, Fort Collins resident, opposed the use of Smart Meters.
Jenny Bradley, Fort Collins resident, opposed the use of Smart Meters, stating she has
experienced ill health effects from their installation.
Pamela (no last name given), Larimer County resident, opposed the use of fluoride as it has been
classified as a neurotoxin.
John Metters, Larimer County resident, opposed the use of Smart Meters
John Malsby, Larimer County resident, opposed the use of Smart Meters, citing their emission of
radio frequencies.
Donna Metters, Larimer County resident, opposed the use of Smart Meters, citing their emission
of radio frequencies.
Betty Scranton, Larimer County resident, opposed the use of Smart Meters, stating we cannot
protect ourselves from them.
Bill Mullaney, Larimer County resident, opposed the use of Smart Meters, stating wildlife has
been harmed and citing their health risks and security concerns.
Rich Scranton, Larimer County resident, opposed the use of Smart Meters, citing security
concerns and stated the program should be available for opt-in status.
Larry Wallace, Larimer County resident, opposed the use of Smart Meters, stating they have
been forced on residents.
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158
Mel Hilgenberg, 172 North College, announced community theater events and encouraged
Council to adopt an emergency sales tax to reimburse property taxes taken by tax increment
financing since 1988. He opposed the Boxelder Floodplain.
Bruce Bauman, no residence given, opposed the use of Smart Meters.
Stacy Lynne, 305 West Magnolia, requested that residents who have opted out of the Smart
Meter program have their meters replaced with analog meters and requested that Virginia
Farver’s Smart Meter be replaced.
Tom Mitchell, Larimer County resident, opposed the use of Smart Meters citing citizen rights.
Fred Kirsch, Fort Collins resident, requested a redesign of the on-bill financing program to work
for renters and low-income households.
Mike Pruznick, Fort Collins resident, expressed concerns about the integrity of City staff.
Bob Hare, Citizens Against Asphalt Toxins, opposed the proposed asphalt plant.
Jonathan Carnahan, Fort Collins residents, discussed freedom of speech
Citizen Participation Follow-up
Mayor Weitkunat noted no Councilmembers desire to stifle free speech and stated it is not
beneficial to malign the character of individuals.
Councilmember Cunniff agreed with Mayor Weitkunat and encouraged citizens to contact him
with any concerns.
Mayor Pro Tem Horak suggested the City Manager send a letter asking the Colorado Department
of Health and Environment to hold a hearing regarding the asphalt plant. He also suggested Mr.
Kirsch work with the Energy Board regarding the on-bill financing issue. Additionally, Mayor
Pro Tem Horak cited studies indicating no evidence that radio frequencies coming from Smart
Meters or cell phones cause harm.
Councilmember Cunniff noted the new digital meters do not have an antenna and therefore do
not transmit radio frequencies.
CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the April 1, 2014 Regular Council Meeting.
The purpose of this item is to approve the minutes from the April 1, 2014 Regular Council
meeting.
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2. Postponement of Items Relating to the Kechter Farm Annexation and Zoning to May 6,
2014.
Staff requests that Second Reading of the Kechter Farm Annexation and Zoning Ordinances
(Ordinance Nos. 005 and 006, 2014) be postponed until May 6, 2014. The final plat
approval should be considered by the Board of County Commissioners in late April. Under
the Intergovernmental Agreement (IGA) with Larimer County, the City has agreed to not
annex lands within the Fossil Creek Reservoir Area Plan until after final plan approval by
the County. Postponing this item until the May 6 meeting will honor the City’s commitment
in the IGA.
3. Second Reading of Ordinance No. 049, 2014, Appropriating Unanticipated Grant Revenue
in the Recreation Fund for the Adaptive Recreation Opportunities Program Paralympic
Sport Club.
This Ordinance, unanimously adopted on First Reading on April 1, 2014, appropriates
unanticipated grant revenue in the recreation fund to be used for general operating support
for the Adaptive Recreation Opportunities program Paralympic Sport Club.
4. Second Reading of Ordinance No. 050, 2014 Appropriating Prior Year Reserves in the
General Fund for Waste Reduction and Diversion Projects to be Approved Through the
Waste Innovation Program.
This Ordinance, unanimously adopted on First Reading on April 1, 2014, shifts $18,794
accumulated during 2013 in the Waste Innovation Fund account into the City’s General
Fund account for approved projects to develop new organizational processes to enable
departments to divert more waste material from landfill disposal.
5. Second Reading of Ordinance No. 051, 2014, Reappropriating Funds Previously
Appropriated in 2013 But Not Expended or Encumbered in 2013.
This Ordinance, unanimously adopted on First Reading on April 1, 2014, authorizes
appropriation of funds that were authorized in 2013 for various purposes, but were not spent
or encumbered in 2013.
6. Second Reading Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way
as Dedicated on the Dechairo Subdivision Plat.
This Ordinance, unanimously adopted on First Reading on April 1, 2014, vacates a portion
of Plum Street right-of-way that is no longer necessary or desirable to retain for public street
purposes. The property owner adjacent to this portion of right-of-way is requesting the
vacation. This location is the future site of the Scott Plaza development project, which was
approved at the Planning and Zoning Board Public Hearing on January 9, 2014.
7. Second Reading of Ordinance No. 054, 2014, Appropriating Prior Year Reserves in the
General Fund for Municipal Court Reorganization.
This Ordinance, unanimously adopted on First Reading on April 1, 2014, authorizes funding
of $55,400 for a minor reorganization of the Municipal Court department.
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160
8. Items Relating to Municipal Court Fines and Penalties.
A. Second Reading of Ordinance No. 055, 2014, Amending Section 19-4 of the City Code
Regarding the Failure to Pay Fine or Penalty.
B. Second Reading of Ordinance No. 056, 2014, Amending Section 19-62 of the City Code
Pertaining to the Handling of Civil Infractions and Misdemeanor Offenses.
Ordinance No. 055, 2014, amends the City Code to remove the specific dollar amount of
credit a prisoner receives for jail served on failure to pay cases and, instead, specifies that
said amount will be listed in the Schedule of Fines established by the Municipal Judge. This
allows the Municipal Judge to periodically adjust that amount as appropriate.
Ordinance No. 056, 2014, amends the City Code to indicate that if an incident gives rise to
charges which would normally be filed as a civil infraction and a misdemeanor, the charges
are to be handled together as a misdemeanor case. This avoids the time and confusion of
having two separate tickets filed with the Court, with separate procedures and costs relating
to each. These Ordinances were unanimously adopted on First Reading on April 1, 2014.
9. Items Relating to Historic Preservation.
A. Second Reading of Ordinance No. 057, 2014, Amending Chapter 14 of the City Code
Regarding Landmark Preservation.
B. Second Reading of Ordinance No. 058, 2014, Amending Section 2-278 of the City Code
Pertaining to the Functions of the Landmark Preservation Commission.
C. Second Reading of Ordinance No. 059, 2014, Amending Section 3.4.7 of the Land Use
Code Pertaining to New Construction as it Affects Historic and Cultural Resources.
These Ordinances, unanimously adopted on First Reading, on April 1, 2014, amend the City
Code and the Land Use Code regarding the historic preservation program.
At the April 1, 2014 Council meeting, questions were raised by Council concerning the
effect of certain Code changes, principally those related to dangerous condition and
imminent threat. For Second Reading, staff has revised the Code language to make the
intent of these Code provisions clearer.
Section 14-51 and a new Section 14-73 now state that, if the Building Official or another
properly authorized public official or employee determines that a historic structure must be
demolished because it presents an imminent threat to life, health or property, nothing in
Chapter 14 will interfere with carrying out that order. However, if the official or employee
determines that it is reasonable to repair the structure and that repairing it will make it safe,
then the owner of the structure will need to comply with Chapter 14 before work is
undertaken that will affect the exterior of the structure.
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161
10. First Reading of Ordinance No. 060, 2014, Amending the Definition of "Publicly"
Contained in Section 12-141 of the City Code Pertaining to the Cultivation of Marijuana.
The purpose of this item is to amend the definition of "publicly" in Section 12-141 of the
City Code as it relates to the cultivation of marijuana so as to conform the definition to that
which appears in Section 17-190 relating to offenses involving marijuana. This will correct
a mistake in the drafting of Ordinance Nos. 038 and 039, 2014, adopted by Council on
Second Reading on March 18, 2014.
11. First Reading of Ordinance No. 061, 2014, Authorizing the Mayor to Execute a Deed
Conveying 12,391 Square Feet of City-Owned Property to Dillon Companies, Inc.
The purpose of this Ordinance is to obtain authorization from City Council to convey to
Dillon Companies, Inc. a portion of a 1-acre tract of property that was originally acquired
from BNSF Railway Company for MAX Bus Rapid Transit (“MAX”) project purposes, but
is no longer needed by the Project or the City as a result of a an alternative design that has
been developed.
12. First Reading of Ordinance No. 062, 2014, Vacating a Portion of Street Right-of-Way
Dedicated to the City in 1974 as Part of the Kmart Development.
The purpose of this item is to vacate a portion of dedicated street right-of-way that has not
been constructed as a street and is no longer needed for public street purposes. The location
of this street right of way is located at the rear of the building at 2505 South College Avenue
and east of the railroad tracks. The property owners of 2505 S. College Avenue have
requested this vacation.
13. Resolution No. 2014-030 Renaming Sand Creek Drive to Cross Creek Drive.
The purpose of this item is to rename Sand Creek Drive to Cross Creek Drive, consistent
with the City’s naming policies. Sand Creek Drive is a local street within the Mail Creek
Crossing PUD, which is located southeast of the intersection of Kechter Road and South
Timberline Road.
14. Resolution 2014-031 Making Appointments to Various Boards and Commissions.
The purpose of this item is to make appointments to the Natural Resources Advisory Board,
Water Board, and Youth Advisory Board. Vacancies were created through resignations.
***END CONSENT***
Councilmember Overbeck withdrew Item No. 9, Items Relating to Historic Preservation, from
the Consent Calendar.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and
approve all items not withdrawn from the Consent Calendar. Yeas: Overbeck, Horak,
Weitkunat, Troxell, Campana, Poppaw and Cunniff. Nays: none.
THE MOTION CARRIED.
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162
Staff Reports
Bonnie Pierce, Environmental Data Analyst, introduced Dr. Carrie Makarewicz who presented
the 3-Star Community Certification to the City of Fort Collins from the STAR Technical
Advisory Group.
Mike Freeman, Rocky Mountain Innosphere (RMI), provided a report on the 2013 projects and
2014 RMI priorities.
Councilmember Reports
Mayor Weitkunat reported on the City, County, and Poudre School District liaison meeting,
noting the primary focus of the discussion had to do with integrating the Bicycle Master Plan
with the Safe Routes to School program.
Mayor Weitkunat reported on the CSU Stadium Community Design Development Advisory
Group meeting. Both she and Councilmember Cunniff agreed the lack of information at the
meeting was disappointing.
Councilmember Troxell reported on his visit to University Park, Texas regarding the SMU on-
campus stadium and its community impacts. He suggested the City needs to begin working with
CSU on an intergovernmental agreement with a July 1 deadline.
Councilmember Overbeck reported on the Downtown Development Authority meeting, which
included an Old Town Square renovation plan.
Mayor Pro Tem Horak reported on a meeting between Council and the Poudre Valley Fire
Protection Board regarding their intergovernmental agreement. He also reported on the
Colorado Connection newspaper delivery route audit plan.
Councilmember Poppaw asked about an opt-out clause for the Colorado Connection. Mayor Pro
Tem Horak replied there is currently an opt-out clause and there is a possibility of some areas of
town being switched to an opt-in system.
Mayor Pro Tem Horak reported on a letter written to the Appropriations Subcommittee on
Transportation by Senators Bennett and Udall regarding funding for critically important long-
term projects, such as northern I-25.
Items Relating to Historic Preservation, Adopted on Second Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 057, 2014, Amending Chapter 14 of the City Code
Regarding Landmark Preservation.
B. Second Reading of Ordinance No. 058, 2014, Amending Section 2-278 of the City Code
Pertaining to the Functions of the Landmark Preservation Commission.
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163
C. Second Reading of Ordinance No. 059, 2014, Amending Section 3.4.7 of the Land Use
Code Pertaining to New Construction as it Affects Historic and Cultural Resources.
These Ordinances, unanimously adopted on First Reading, on April 1, 2014, amend the City
Code and the Land Use Code regarding the historic preservation program.
At the April 1, 2014 Council meeting, questions were raised by Council concerning the effect of
certain Code changes, principally those related to dangerous condition and imminent threat.
For Second Reading, staff has revised the Code language to make the intent of these Code
provisions clearer.
Section 14-51 and a new Section 14-73 now state that, if the Building Official or another
properly authorized public official or employee determines that a historic structure must be
demolished because it presents an imminent threat to life, health or property, nothing in Chapter
14 will interfere with carrying out that order. However, if the official or employee determines
that it is reasonable to repair the structure and that repairing it will make it safe, then the owner
of the structure will need to comply with Chapter 14 before work is undertaken that will affect
the exterior of the structure.”
Councilmember Overbeck requested additional information regarding demolition by neglect and
timing requirements for fixing issues.
Karen McWilliams, Historic Preservation Planner, replied staff has examined the ability to
incorporate deadlines; however, the types of timelines depend greatly on the type of repairs
needed. Additionally, this topic was never broached during community outreach; therefore, staff
feels the issue has not been appropriately vetted with the community.
Councilmember Overbeck asked about the potential turn-around time for completion of
additional community outreach. Laurie Kadrich, Director of Community Development and
Neighborhood Services, replied the timeframe would likely range from two to six months.
Council requested staff proceed with the community outreach process regarding the topic.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 057, 2014, on Second Reading.
Councilmember Troxell requested a qualification of the number of individuals required to bring
forth a non-consensual historic designation, suggesting those individuals should have some type
of interest in or adjacency to the property.
Mayor Pro Tem Horak suggested additional requirements could be added in the future, if
necessary.
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Troxell, Campana, Poppaw,
Cunniff and Overbeck. Nays: none.
THE MOTION CARRIED.
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Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 058, 2014, on Second Reading. Yeas: Horak, Weitkunat, Troxell, Campana,
Poppaw, Cunniff and Overbeck. Nays: none.
THE MOTION CARRIED.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 059, 2014, on Second Reading. Yeas: Horak, Weitkunat, Troxell, Campana,
Poppaw, Cunniff and Overbeck. Nays: none.
THE MOTION CARRIED.
Ordinance No. 052, 2014,
Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174,
Page 543 of the Larimer County Records, Second Reading Postponed to May 6, 2014
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on April 1, 2014, by a vote of 4-3 (Nays: Cunniff,
Overbeck, Poppaw) vacating Scott Avenue right-of-way that is no longer necessary or
desirable to retain for public street purposes. This location will be the future site of the
Scott Plaza development project, which was approved at the Planning and Zoning Board
Public Hearing on January 9, 2014.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to postpone
Second Reading of Ordinance No. 052, 2014, to May 6, 2014. Yeas: Horak, Weitkunat, Troxell,
Campana, Poppaw, Cunniff and Overbeck. Nays: none.
THE MOTION CARRIED.
Ordinance No. 063, 2014,
Appropriating Prior Year Reserves in the General Fund to Fund Enhancements to the
Fort Collins West Nile Virus Management Program
for the 2014 Season, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to appropriate funds to execute the City's West Nile Virus
Management Program. Additional funds are sought to enhance the public outreach
program, to increase the City's larval control boundary and to allow for a more flexible
larval control season. In total, funds requested add $75,100 to the program budget.
Dan Weinheimer, Policy and Project Manager, reviewed the proposed enhancements.
Dana Kunze, Fort Collins resident, supported the proposed enhancements and encouraged
funding for protection education as well as funding for an integrated pest manager position.
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165
Cheryl Distaso, Fort Collins Community Action Network, supported the appropriation and
suggested the institution of zero interest loans for home repairs that could keep mosquito
breeding down.
Mike Pruznick, Fort Collins resident, supported the GPS tracking system and additional
information on the education website
Megan Williams, 3000 South Taft Hill Road, supported the appropriation and emphasis on
personal protection.
Nancy York, 130 South Whitcomb, encouraged transparency and public input opportunities in
decision making.
Councilmember Cunniff asked if the City still has a zero interest loan program for efficiency
improvements. City Manager Atteberry replied he would investigate the program.
Councilmember Cunniff asked if budget is one of the constraints regarding the larvicide mix.
Mike Calhoon, Parks Supervisor, replied budget is one of several factors.
Councilmember Cunniff asked if other larvicide options exist. Calhoon replied product
alternatives are discussed annually and the program is intended to focus on West Nile Virus
mitigation and human health rather than the elimination of mosquitos.
Councilmember Cunniff suggested allocating the $135,000 from the General Fund rather than
the Natural Areas Program.
Councilmember Overbeck asked about notification from HOA’s regarding mosquito spraying.
Weinheimer replied staff is researching the issue and options are planned to be part of the May
6
th
package.
Councilmember Overbeck asked if the mosquito abatement program information could be placed
on the fcgov.com home page. Weinheimer replied that information is already included on the
web page and will be spotlighted on the front web page as summer approaches.
Councilmember Overbeck requested staff speak to the issue of transparency. Weinheimer
replied that topic has been discussed by the technical advisory committee and options will be
part of the May 6
th
package.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 063, 2014, on First Reading.
Mayor Pro Tem Horak stated the funding source, as mentioned by Councilmember Cunniff,
should be dealt with as a separate Resolution. City Attorney Roy replied any appropriation
would need to be done by Ordinance with options available for Council consideration.
Mayor Pro Tem Horak disagreed with the idea of holding a public hearing a day prior to
spraying, given existing proven protocols.
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Councilmember Cunniff supported improved transparency, though agreed an additional public
hearing was not necessary.
Councilmember Troxell supported the expansion of the integrated management approach.
The vote on the motion was as follows: Yeas: Weitkunat, Troxell, Cunniff, Overbeck, Poppaw,
Campana and Horak. Nays: none.
THE MOTION CARRIED.
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
Resolution 2014-032
Amendment to the Foothills Mall Redevelopment Agreement, Postponed to May 6, 2014
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to amend the Foothills Mall Redevelopment Agreement. The
Developer has asked to amend Section 3.1 – Conditions Precedent to Issuance of District
Bonds of the Agreement, to allow the Metro District Bonds to be issued with 155k square
feet of executed leases vs. the 240k square feet required in the current agreement. The
Developer is also asking for clarification to Section 4.3 – Construction of Residential
Component of Project: Affordable Housing, concerning the period of time the Developer
may be required to make payments to the City if there is a delay in the completion of the
residential units.
Mayor Weitkunat withdrew from the discussion of this item due to a conflict of interest.
City Manager Atteberry discussed the importance of this amendment as it will keep the
construction timeline on track and will aid in keeping interest rates stable. Additionally, he
discussed the increased sales tax revenue which will be generated by the proposed project.
Mayor Pro Tem Horak asked if copies of the first amendment to the redevelopment
reimbursement agreement are available. City Manager Atteberry confirmed those copies are
available just outside Council Chambers.
Mike Beckstead, Chief Financial Officer, detailed the proposed amendment and its benefits to
the City. He stated this amendment will not change the financial risk to the City nor will it affect
the City’s credit rating.
Robby Swint, Walton Street Capital, commended the work done on the project thus far and
stated this amendment is critical to the project and will allow the opening to remain for the fall of
2015.
Eric Sutherland, 3520 Golden Currant, stated the redevelopment agreement contains many sub-
agreements which will need to be executed. He questioned whether or not the City’s best
interests are being met with this amendment.
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Don Provost, Alberta Development Partners, discussed the complexity of the mall project and
stated this amendment would allow the fall of 2015 opening.
Mike Pruznick, Fort Collins resident, opposed the amendment stating the risk is too high for the
City.
Jonathan Carnahan, Fort Collins resident, discussed the financial risks of the agreement to the
City.
Ray Martinez, 4121 Stoneridge Court, stated there are great expectations for the mall
redevelopment and encouraged forward progress of the project.
Carolyn White, land use counsel for the developer, requested approval of the amendment.
Councilmember Overbeck asked about the bond market process completed by the developer.
Sam Sharp, D.A. Davidson and Company, replied the bond market responded favorably to the
decrease in square footage of executed leases.
Councilmember Overbeck asked if the PIF can be transferred if the mall is sold to another
developer. Beckstead replied that is a recorded item on the deed associated with the property,
which would therefore allow it to be transferred. Carrie Daggett, Deputy City Attorney, replied
the covenant is recorded against the property and runs with the land.
Councilmember Overbeck asked about the consequences should this amendment not be
approved. Mr. Swint replied that question is difficult to answer but noted leases are terminable
should the delivery date not be met.
Councilmember Overbeck asked what makes this mall proposal better than another. Mr. Swint
replied the developer has invested $200 million and years of time to ensure this proposal will
deliver a mall with a sense of place.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Resolution 2014-032.
Councilmember Cunniff asked if the terms are the same as those approved in May 2013.
Beckstead replied they are the same terms.
Councilmember Cunniff asked if the City requested the May 2013 agreement not go into effect.
Beckstead replied in the negative.
Councilmember Cunniff commented on political risk versus financial risk.
Councilmember Cunniff commented that the political calculation being made is that the Metro
District is strongly related to, if not part of, the City. He commented on the sales and tenant
situation at Centerra.
Councilmember Cunniff asked how many mall projects are being undertaken nationwide.
Beckstead replied he has heard two to four large mall projects are currently under construction.
April 15, 2014
168
Councilmember Cunniff argued central retail areas such as malls are no longer sought by
consumers given the rise of internet sales.
Mayor Pro Tem Horak asked Mr. Swint why Walton Holdings feels differently and is willing to
be an equity partner for this project. Mr. Swint replied there was an overbuilding of outdoor
mall concepts in the mid-2000s. He spoke about the sense of place concept for the Foothills
Mall plan and commented on the benefits of a brick and mortar shopping experience and noted
retailers are committing to leases.
Mayor Pro Tem Horak asked why Walton Holdings feels this particular mall is a good
investment. Mr. Swint replied that Fort Collins has good demographics and a regional draw.
Councilmember Campana noted the time spent dealing with amendments has slowed the pace of
leasing and commented on the additional risk being taken by the developer. He supported the
amendment.
Councilmember Cunniff discussed the change in shopping patterns and stated his concern about
committing the City and Metro District to this project has been further solidified. He opposed
the amendment as it increases risk.
Councilmember Overbeck opposed the amendment stating the risks outweigh the rewards. He
discussed shopping pattern changes and retail closures.
Councilmember Troxell stated this redevelopment will be catalytic for Midtown and this
amendment has zero risk to the City.
Councilmember Campana discussed new types of retailers and supported the amendment.
Councilmember Poppaw stated she supported the first mall deal and the January amendment;
however, the complexity of the deal could have been discussed then and the possibility of
additional changes should have been mentioned. She opposed the amendment.
Mayor Pro Tem discussed the advantages of the Foothills property over Centerra and noted the
bond market was receptive to the changes. He stated this is a quality of life issue for Fort Collins
and this change is less risky.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to postpone
Resolution 2014-032 to April 22, 2014.
Councilmember Cunniff stated part of his concern has been related to the speed at which this
information has been coming forward and supported the possibility of postponement.
Councilmember Overbeck opposed the postponement and stated he would like the City of Fort
Collins to get back to delivering high quality services in a fiscally responsible manner.
Councilmember Poppaw suggested postponing the item to, May 6, 2014. Councilmembers
Campana and Troxell agreed with the date change.
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Councilmember Cunniff asked that various boards and commissions have the opportunity to
review the amendment prior to May 6.
City Manager Atteberry asked what boards Council would like to have consider the issue, other
than the Economic Advisory Commission.
Councilmember Overbeck suggested the Affordable Housing Board and Commission on
Disability.
Mayor Pro Tem Horak suggested all boards and commissions be given an opportunity to meet
and discuss the topic.
City Attorney Roy suggested the inclusion of such language in the motion. Councilmembers
Campana and Troxell accepted the language.
The vote on the motion to postpone was as follows: Yeas: Cunniff, Horak, Troxell, Campana
and Poppaw. Nays: Overbeck.
THE MOTION CARRIED.
Other Business
Councilmember Troxell requested Council direct the City Manager to work with the City
Attorney in putting together an intergovernmental agreement (IGA) framework between the City
and Colorado State University with regard to the community impacts and costs of the proposed
on-campus stadium, with a deadline of July 1, 2014 to have the IGA in place.
Mayor Pro Tem Horak suggested a timeline for having an IGA in place should first be instituted.
Councilmember Troxell expressed concern there is no conversation occurring relating to the
costs for infrastructure.
Mayor Weitkunat stated the July 1
st
deadline may be difficult to meet.
City Manager Atteberry supported Councilmember Troxell’s idea; however, he noted the
mitigation conversation has yet to take shape and stated the development of an IGA is typically a
negotiation.
Councilmember Troxell stated the IGA needs to be in place by July 1
st
if the stadium is planned
to be operational by fall 2016.
Councilmember Cunniff agreed some type of deadline is necessary.
Councilmember Overbeck supported the formation of at least an outline of an IGA from the
City’s perspective.
Councilmember Poppaw supported Councilmember Troxell’s proposal.
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170
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn to
April 22, 2014 at 6:00 p.m. to consider a possible Executive Session. Yeas: Overbeck, Horak,
Weitkunat, Troxell, Campana, Poppaw and Cunniff. Nays: none.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 10:20 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
171
April 22, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting - 6:00 p.m.
An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, April 22,
2014, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Campana, Cunniff, , Overbeck, Poppaw, Troxell,
and Weitkunat.
Councilmember Horak arrived at 6:33 p.m.
Staff Members Present: Atteberry, Harris, Roy.
Executive Session Authorized
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to go into
executive session for the purpose of meeting with the attorneys for the City, the City Manager,
other affected members of City staff, and consultants for the City to discuss specific legal
questions related to potential litigation involving the City and/or the manner in which particular
policies, practices or regulations of the City may be affected by existing or proposed provisions
of federal, state or local laws as permitted under Section 2-31(a)(2) of the City Code. Yeas:
Campana, Cunniff, Overbeck, Poppaw, Troxell and Weitkunat. Nays: none.
THE MOTION CARRIED.
Adjournment
At the conclusion of the executive session, the meeting adjourned at 6:55 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk