HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/16/2014 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE AAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY September 16, 2014
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the August 19 and September 2, 2014 Regular Council Meetings
and the September 9, 2014 Adjourned Meeting
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the August 19 and September 2, 2014 Regular Council
Meetings and the September 9, 2014 Adjourned Meeting.
ATTACHMENTS
1. August 19, 2014 (PDF)
2. September 2, 2014 (PDF)
3. September 9, 2014 (PDF)
City of Fort Collins Page 361
August 19, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ABSENT: None
Staff Members Present: Atteberry, Nelson, Daggett.
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Mike Beckstead will present a brief staff report regarding the
status of the mall project.
CITIZEN PARTICIPATION
Mel Hilgenberg, 172 North College, announced community events, suggested the City and
County partner to recycle residential trash and supported the Give Smart initiative.
Kevin Pass, 1150 St. Germain Drive, stated the asphalt plant on Taft Hill Road needs additional
monitoring.
Megan Williams, 3000 South Taft Hill, read a letter to Council from the West Nile Virus
Technical Advisory Committee expressing concern regarding Larimer County’s decision to
adulticide within city limits.
Dana Kunze, 2206 West Prospect Road, continued reading the letter from the West Nile Virus
Technical Advisory Committee.
Julia MacMillan, 1301 Lawrence Drive, expressed concern regarding the draft air permit for
Martin Marietta’s asphalt plant on Taft Hill Road.
Nancy York, 130 South Whitcomb, urged Council to act to restore the 5-year moratorium on
fracking that was overturned by a judge.
John Anderson, Fort Collins resident, discussed the importance of moral courage and
stewardship.
Desiree Fiske, 334 East Mulberry, showed slides opposing the public education campaign
proposed by the Social Sustainability Department regarding the Give Smart anti-panhandling
program.
Lucy Trup, 2125 Stonecrest, expressed concern regarding the draft air permit for Martin
Marietta’s asphalt plant on Taft Hill Road.
Jeremy Woodard, Fort Collins resident, opposed the homeless sweeps being conducted by Fort
Collins Police.
City of Fort Collins Page 362
Myles Crane, 5200 Parkway, discussed the erosion and stormwater issues with Mail Creek.
Lauren DeQuasie, Fort Collins resident, read a letter from a homeless individual opposing the
homeless sweeps being conducted by Fort Collins Police.
Karen Hare, 1352 Northern Court, expressed concern regarding the asphalt plant on Taft Hill
Road.
Jerry Letow, Fort Collins resident, stated he is currently homeless and opposed the homeless
sweeps being conducted by Fort Collins Police.
Bob Hare, 1352 Northern Court, expressed concern regarding the asphalt plant on Taft Hill Road
stating truck traffic in the area has drastically increased.
Zachariah Humbert, Fort Collins resident, opposed the homeless sweeps being conducted by Fort
Collins Police.
Brian Simpson, Fort Collins resident, expressed concern regarding the asphalt plant on Taft Hill
Road.
Brandi Williams, Fort Collins resident, opposed the use of police for social services.
Val Vogeler, 520 North Taft Hill Road, opposed the asphalt plant on Taft Hill Road.
Jamie Newlin, Fort Collins resident, stated he is homeless and opposed the homeless sweeps
being conducted by Fort Collins Police.
Rich Stave, 5410 Fossil Ridge Drive, stated he is hopeful regarding the Mail Creek project
progress.
Kelly Ohlson, 2040 Bennington Circle, read a statement expressing concern regarding pressure
placed on City staff to cut corners on development policies.
Glen Colton, 625 Hinsdale Drive, continued reading Mr. Ohlson’s statement.
Karen Rose, 5200 Parkway Circle, expressed concern that Mail Creek has been studied three
times and requested a budget and timeline for the project.
Mike Pruznick, 636 Castle Ridge Court, discussed rape occurrences in the City's parks and
natural areas and stated the mall contract should be cancelled for cause.
Cody Fry, Fort Collins resident, stated he is transient and opposed the homeless sweeps being
conducted by Fort Collins Police.
Cheryl Distaso, Fort Collins Community Action Network, supported the West Nile Virus
Technical Advisory Committee's letter and concerns, opposed the asphalt plant, and opposed the
homeless sweeps being conducted by Fort Collins Police and the anti-panhandling campaign.
Thomas Edwards,1101 South Bryan Avenue, expressed concern regarding the effects of CSU
students on Avery Park.
City of Fort Collins Page 363
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Weitkunat requested information regarding the City’s role in the permitting process for
the Martin Marietta asphalt plant. City Manager Atteberry replied the Air Quality Advisory
Board will be considering the issue prior to Council’s consideration in September, and he
suggested Council defer a full conversation until that time. He noted City staff has paid very
close attention to the issues and acknowledged the City does have a contract with Martin
Marietta to provide materials for the Street Pavement Management Program.
Mayor Weitkunat requested information regarding the County’s adulticide spraying. City
Manager Atteberry replied the spraying has occurred in the southeast part of town and
commended the City’s integrated pest management policy. He has called Dr. LaBailly and has
spoken with the County Manager regarding making more systemic decisions regarding spraying
in the future.
Councilmember Overbeck thanked the Technical Advisory Committee for its input and
commended its work.
Councilmember Cunniff shared the concern regarding the County's decision to spray and its lack
of public outreach.
Councilmember Troxell expressed concern regarding the lack of process to County
Commissioner Gaiter and suggested the City readdress its own policies with respect to West Nile
Virus.
Mayor Weitkunat requested information regarding the homeless issues. Bruce Hendee, Chief
Sustainability Officer, replied staff recognizes the difficulty in enforcing homeless camping
regulations. He stated the City is working with several non-profits to develop a plan which will
be brought before Council in the coming months. Mary Atchison, Social Sustainability Director,
discussed issues regarding housing and possible crimes against homeless women. She stated the
community education campaign regarding panhandling was heavily researched.
Councilmember Poppaw suggested the campaign should be pulled back until Council has an
opportunity to examine it. Additionally, she expressed concern that there is not enough housing
in the community and tickets should not be issued until an alternative can be offered.
Councilmember Overbeck expressed concern regarding the campaign and asked if safe zones for
the overflow of homeless individuals are being considered. Atchison replied many alternatives
are being considered, including opening space in churches, safe camping zones, tiny home
villages, and dorm-like space.
Councilmember Poppaw noted she has received compliments regarding some of the officers
patrolling the downtown area.
City Manager Atteberry expressed support for the officers and other staff members who have
been dealing with the homeless issue and stated Council expectations need to be made clearer.
Councilmember Cunniff suggested the panhandling campaign may need to be reconsidered.
City of Fort Collins Page 364
Councilmember Campana stated the solution to this issue will need to involve the entire
community and encouraged additional dialogue.
Councilmember Troxell commended the efforts of officers dealing with homeless individuals.
Mayor Pro Tem Horak noted the Mail Creek project could be discussed during the upcoming
budget cycle.
Councilmember Campana discussed his status as a developer and stated he has filed a conflict of
interest should the issues discussed by Mr. Ohlson and Mr. Colton come before Council.
Mayor Pro Tem Horak noted Mr. Ohlson's concerns had been expressed at a listening session
and requested an additional discussion with the City Manager.
(Secretary's note: Councilmember Campana left the Council Chambers at this point in the
meeting due to his conflict of interest.)
City Manager Atteberry stated he has never fielded any type of comment regarding favoritism
being shown to a particular Councilmember and took exception to the accusations made by Mr.
Ohlson. He detailed the issue raised by Councilmember Campana in his role as a developer and
the City response thereto. Council was not made aware of the use of outside counsel for a Code
interpretation likely due to the unexpected passing of City Attorney Roy.
Councilmember Cunniff discussed the need for policies to aid in these types of situations.
CONSENT CALENDAR
Councilmember Overbeck withdrew Item No. 13 Items Relating to Initiating Annexation
Proceedings for the Clydesdale Park First and Second Annexations from the Consent Calendar.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt and
approve all items not withdrawn from the Consent Calendar.
(Secretary's note: Councilmember Campana was out of Chambers at the time of this vote.)
RESULT: ADOPTED [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Troxell, Cunniff, Horak
AWAY: Campana
1. Consideration and Approval of the Minutes of the July 1 and July 15, 2014 Regular Council
Meetings, the July 8, 2014 Special Council Meeting and the July 22, 2014 Adjourned Council
Meeting. (Adopted)
The purpose of this item is to approve the minutes from the July 1 and July 15, 2014 Regular Council
meetings, the July 8, 2014 Special Council meeting and the July 22, 2014 Adjourned Council
meeting.
City of Fort Collins Page 365
2. Second Reading of Ordinance No. 101, 2014, Amending Article XII of Chapter 23 of City Code
Relating to Art in Public Places. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 15, 2014, amends Article XII of
Chapter 23 of the City Code relating to Art in Public Places. This Ordinance increases the threshold
for art projects requiring City Council approval from $10,000 to $30,000. During First Reading,
Council changed the threshold amount from $60,000 to $30,000.
3. Second Reading of Ordinance No. 102, 2104, Amending the Fort Collins Traffic Code
Regarding Payment of Fares for Use of Public Transportation Vehicles. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 15, 2014, amends the Traffic Code
to address fare payment requirements on public transportation and provides due process of fare
violations through Municipal Court.
4. Second Reading of Ordinance No. 103, 2014, Authorizing the Conveyance of a Non-Exclusive
Waterline Easement and Temporary Construction Easement on City Property to the North
Weld County Water District and the East Larimer County Water District. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 15, 2014, authorizes the conveyance
of easements on City Property to the East Larimer County Water District and the North Weld County
Water District for their NEWT II Water Transmission Pipeline Project. The East Larimer County
Water District and North Weld County Water District have begun the second phase of a multi-phase
water transmission pipeline project for the purposes of conveying treated water from the Districts’
Soldier Canyon Filter Plant to their drinking water distribution systems. The alignment of the pipeline
will cross a section of the City Property, located east of Taft Hill Road and north of Vine Drive, which
is managed by the City Park Planning Department. As such, the Districts have requested a waterline
easement from the City for their project.
5. Second Reading of Ordinance No. 104, 2014, Authorizing the Conveyance of a Non-Exclusive
Utility Easement on City Property to the Nunn Telephone Company. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 15, 2014, authorizes the conveyance
of a non-exclusive easement to Nunn Telephone Company for the purpose of installing a fiber-optic
connection to an AT&T fiber regeneration hut that is located on a portion of the Meadow Springs
Ranch. The proposed easement is 10 feet wide and approximately 690 feet long and would be
placed immediately adjacent to an existing access road.
6. Second Reading of Ordinance No. 105, 2014 Amending Section 2-581 of the City Code and
Setting the Compensation of the Interim City Attorney. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 15, 2014, establishes the salary and
compensation provided the interim City Attorney while she serves in this capacity.
7. Items Relating to the Vida Sana Grant. (Adopted)
A. Resolution 2014-066 Authorizing The City Manager To Execute A Grant Agreement With The
Poudre Valley Health Systems Foundation For Delivery Of Vida Sana Project Programming
B. First Reading of Ordinance No. 106, 2014, Appropriating Unanticipated Grant Revenue in the
Recreation Fund for the Vida Sana Grant.
The purpose of this item is to approve the sub-grant agreement and appropriate sub-grant funds
from the Colorado Department of Public Health and Environment, through the Poudre Valley Health
System Foundation and the Coalition for Activity and Nutrition to Defeat Obesity (CANDO), for the
Vida Sana program to eliminate racial and ethnic disparities in access among Latino/Hispanic
community members to healthy lifestyle counseling and programs. Specific interventions include
City of Fort Collins Page 366
increasing access to facilities providing physical activity; providing social support to increase physical
activity; and implementing a community wide campaign for increasing physical activity that will be
carried out by partner agencies.
8. First Reading of Ordinance No. 107, 2014, Amending Ordinance No. 121, 2013, Regarding
Minimum Parking Requirements in the Transit-Oriented Development Overlay Zone District
to Extend Its Termination Date. (Adopted)
The purpose of this agenda item is to request a 90-day extension of the temporary parking
requirements in the TOD Overlay Zone. The ordinance (Ord. No. 121, 2013) expires on September
13, 2014. The Planning and Zoning Board is requesting more time to evaluate recommendations
from the TOD Parking Study. New parking requirements are anticipated to replace the temporary
parking ordinance.
The Planning and Zoning Board will consider this item at its September 11, 2014 meeting. City
Council will formally consider the TOD Parking Study on First Reading on October 7 and Second
Reading on October 21.
9. First Reading of Ordinance No. 108, 2014, Amending Chapter 26 of the City Code to Revise
Electric Rates, Fees and Charges and Provide Rates for Customers Enrolled in the Fort
Collins Community Solar Project. (Adopted)
The purpose of this item is to establish a reimbursement rate for the energy that will be produced
through the Fort Collins Community Solar Project (solar farm). The proposed reimbursement rate is
consistent with recent changes in the rooftop net-metering reimbursement rate, adopted in
Ordinance No. 067, 2014. Like the rooftop net-metering customers, participants in the solar farm,
who purchase an interest in the solar farm, will be reimbursed for every kilowatt-hour of energy
produced at a rate of $0.0714 per kWh (the combination of the Summer Tier 1 rate of $0.0583 per
kWh and one half the facilities charge rate - $0.0131 per kWh). The difference between the two
rates is that, because participants in the Fort Collins Community Solar Project will need to fully utilize
the distribution infrastructure to deliver all of their household energy, the additional payment the
facilities charge portion of the rate is proposed to be only half of that being given to rooftop net-
metering customers.
10. First Reading of Ordinance No. 109, 2014, Authorizing the Mayor to Execute a Lease
Agreement with Clean Energy Collective, LLC for the Use of City Property for a Community
Solar Garden Project with an Associated Access Easement. (Adopted)
The purpose of this item is to authorize the lease of City property located at 500 Riverside Avenue to
Clean Energy Collective, LLC (through its subsidiary, CEC Solar #1038, LLC), to build and operate a
community solar farm project, including an access easement to enter the property from the
Wastewater plant entry road on Mulberry Street. The City has entered into a Power Purchase
Agreement with Clean Energy Collective, LLC (CEC) to develop a community solar project in Fort
Collins. The City property located at 500 Riverside Avenue was determined by staff and CEC to be
a feasible site for the location of the project. To facilitate the development of the solar garden, CEC
has requested a lease agreement for the use of the City’s property for a period of 25 years for the
building and operation of the solar farm project.
11. First Reading of Ordinance No. 110, 2014, Authorizing the Exchange of a 9.33 Acre Portion of
the Timberline Substation Property from the Electric Utility for a Comparably-Valued 3.03
Acre Site from the Parks Department. (Adopted)
The purpose of this item is to authorize the exchange of portions of property at the Timberline
Substation property between the Utility Department and the Parks Department. The City of Fort
Collins owns a parcel of land at the southwest corner of Prospect Road and Timberline Road which
is the location of the Timberline Substation (the “City Property”). The Utility Department owns 19.92
acres of the City Property of which 7.43 acres are used for substation purposes. The Parks
Department desires to develop a 9.33-acre portion of the property owned by Utilities for recreation
purposes and has proposed to acquire this portion from the Utility Department. The Parks
City of Fort Collins Page 367
Department intends to maintain the property as a disc golf course. The Utility Department has
determined that the proposed conveyance and recreation use will not adversely impact the portion of
the City Property used for utility purposes. In exchange, the Utility Department desires to acquire a
3.03 acre portion of the City Property which is owned by the Parks Department. This Ordinance
authorizes the exchange of the properties between the Utility Department and Parks Department,
recognizing that no funds will need to be paid between the departments, based on the comparable
values of the two parcels, existing encumbrances on the 9.33-acre parcel, the value of all access
reservations retained by the Utilities Department, the beneficial use each will realize in the land it
acquires, and the value of additional services the Utility Department will provide to the Parks
Department.
12. First Reading of Ordinance No. 111, 2014, Authorizing the Conveyance of a Shared Access
Easement on City Property to Public Service Company of Colorado. (Adopted)
The purpose of this item is to authorize the conveyance of a shared access easement to Public
Service Company of Colorado for an access road at the Timberline Substation Property. The City of
Fort Collins Utility Department owns a property at the southwest corner of Prospect Road and
Timberline Road which is the location of the Timberline Substation (the “City Property”). Public
Service Company of Colorado, Inc. (PSCo) owns a small tract of land on Timberline Road which is
surrounded on three sides by the City Property. The access to the two properties is by means of an
existing driveway located on Timberline Road of which a portion falls on to each property. In order to
establish an easement of record for the allowed use of the driveway by each party, the Utility
Department and PSCo have proposed the conveyance of a shared access easement allowing both
parties the right to use the driveway for access purposes.
14. Resolution 2014-069 Authorizing a License to Enter to the Fort Collins Fire Museum
Foundation for Access to City-Owned Property at 330 North Howes Street for Up to Two
Years. (Adopted)
The purpose of this item is to authorize the Fort Collins Fire Museum Foundation to use a portion of
the City's Car Barn for restoring historic fire equipment belonging to the City and Poudre Fire
Authority (PFA). This License to Enter is effective for up to two years, but can also be terminated by
either party at any time.
15. Resolution 2014-070 Authorizing Intergovernmental Agreements with the United States Fish
and Wildlife Service Regarding Reintroducing Endangered Black-Footed Ferrets to
Soapstone Prairie Natural Area and Meadow Springs Ranch. (Adopted)
The purpose of this item is to approve by resolution various agreements with the United States Fish
and Wildlife Service (USFWS) that allow the City to reintroduced endangered black-footed ferrets to
Soapstone Prairie Natural Area and Meadow Spring Ranch. The City of Fort Collins implemented a
black-tailed prairie dog management plan on Soapstone Prairie Natural Area (Soapstone) and
Meadow Springs Ranch (Meadow Springs) with a goal of reintroducing the federally endangered
black footed ferret onto the properties (ferrets predate on prairie dogs almost exclusively). The
prairie dog plan was implemented in cooperation with the U.S. Fish and Wildlife Service (USFWS)
and Colorado Parks and Wildlife (CPW) and resulted in the selection of the City-owned properties as
a new ferret recovery site in 2014 by USFWS. In addition, the City worked with State Representative
Randy Fischer to introduce and pass HB14-1267 allowing for the reintroduction of ferrets to occur.
One requirement of the legislation is that reintroduction of the species must be done in accordance
with a Programmatic Safe Harbor Agreement (Safe Harbor) with USFWS. The Certificate of
Inclusion into the Safe Harbor and accompanying City of Fort Collins Black-footed Ferret
Reintroduction Plan for Soapstone Prairie Natural Area and Meadow Springs Ranch are considered
Intergovernmental Agreements and require City Council approval by resolution.
City of Fort Collins Page 368
16. Resolution 2014-071 Authorizing the Assignment of the City's Private Activity Bond
Allocation for 2014 to the Fort Collins Housing Authority to Finance the Rehabilitation of
Affordable Housing Units at the Villages at Cunningham Corner. (Adopted)
The purpose of this item is to assign the City's 2014 Private Activity Bond Allocation (PAB) in the
amount of $7,408,350 to the Fort Collins Housing Authority (FCHA) for the purpose of affordable
housing rehabilitation. Specifically, the bond proceeds will be used to finance the rehabilitation of
284 affordable housing units located at the Villages on Cunningham Corner.
Annually, the state allocates a portion of its ceiling for PAB to the City. If the City does not use or
assign this allocation, it is returned to the state on September 15. The City will not incur debt and this
will not affect the City's credit rating. There have not been any other requests to use the 2014 PAB
allocation.
17. Resolution 2014-072 Approving an Intergovernmental Agreement Between the City of Fort
Collins, Platte River Power Authority, the Town of Estes Park, the City of Longmont, and the
City of Loveland for Demand Side Management Program Coordination. (Adopted)
The purpose of this item is to formalize the joint funding of demand side management (aka energy
efficiency and conservation) (DSM) programs between the City of Fort Collins and Platte River
Power Authority (Platte River).
Jointly developed efficiency programs which are administered by Platte River require supplemental
or directive funding from Fort Collins Utilities on behalf of Fort Collins customers. This
intergovernmental agreement (IGA) formalizes the authority to provide additional funding via a
purchase order process between the City and Platte River. The IGA is a joint document between
Platte River, Fort Collins, Loveland, Longmont and Estes Park.
18. Resolution 2014-073 Approving Expenditures from the Art in Public Places Reserve Account
to Commission an Artist to Create Art for the Senior Center Expansion Project. (Adopted)
The purpose of this item is it to approve expenditures from the Art in Public Places Reserve Account
to commission an artist to create art for the APP Senior Center Expansion Project. The expenditure
of $50,238 will be for design, materials, fabrication, installation and contingency for an artist-
designed steel art panel to be located in the main lobby of the Senior Center, and for artist-designed
concrete form liners to be used on an exterior seat wall at this site.
19. Resolution 2014-074 Appointing Two Representatives to the Colorado Municipal League
Policy Committee. (Adopted)
The purpose of this item is to appoint Councilmember Wade Troxell and City Manager Darin
Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff requested an assessment of whether the Poudre River buffer standards
are being met with regard to the project referenced in Item No. 10, First Reading of Ordinance
No. 109, 2014, Authorizing the Mayor to Execute a Lease Agreement with Clean Energy
Collective, LLC for the Use of City Property for a Community Solar Garden Project with an
Associated Access Easement. Additionally, he requested revenue assessments regarding the
proposed cutbacks with regard to Item No. 9, First Reading of Ordinance No. 108, 2014,
Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges and Provide
Rates for Customers Enrolled in the Fort Collins Community Solar Project, prior to Second
City of Fort Collins Page 369
Reading. Bruce Hendee, Chief Sustainability Officer, replied staff worked extensively with the
Utility and Natural Areas Departments to ensure Poudre River buffers were met.
Councilmember Troxell supported Item No. 14, Resolution 2014-069 Authorizing a License to
Enter to the Fort Collins Fire Museum Foundation for Access to City-Owned Property at 330
North Howes Street for Up to Two Years and Item No. 17, Resolution 2014-072 Approving an
Intergovernmental Agreement Between the City of Fort Collins, Platte River Power Authority,
the Town of Estes Park, the City of Longmont, and the City of Loveland for Demand Side
Management Program Coordination. Additionally, he stated he is looking forward to serving
another term on the Colorado Municipal League Policy Committee.
Mayor Weitkunat discussed Item No. 15, Resolution 2014-070 Authorizing Intergovernmental
Agreements with the United States Fish and Wildlife Service Regarding Reintroducing
Endangered Black-Footed Ferrets to Soapstone Prairie Natural Area and Meadow Springs
Ranch, stating Black-Footed Ferrets will be released at Soapstone on September 3
rd
.
STAFF REPORTS
Mike Beckstead, Chief Financial Officer, discussed a second amendment to the mall
redevelopment agreement and stated bonds should be offered through the Metro District shortly.
The amendment addresses the height of the underpass, the cost of the activity center, leasing, and
moving costs within the original estimate.
Councilmember Cunniff asked when the second tranche will be available. Beckstead replied the
tranche levels that were specified in the first amendment are still in effect.
Councilmember Cunniff requested a list of leases.
COUNCILMEMBER REPORTS
Councilmember Cunniff reported on a meeting with Congressman Jared Polis regarding energy
policies.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
Mayor Weitkunat stated the Council-pulled Consent Item No. 13 will be considered after Item
No. 23.
DISCUSSION ITEMS
20. Second Reading of Ordinance No. 100, 2014, Appropriating Prior Year Reserves in the
General Fund to Fund High Priority Security Enhancements. (Adopted)
This Ordinance, adopted on First Reading on July 15, 2014, by a vote of 5-1 (Nays: Cunniff)
appropriates funds to address high priority security findings identified by a comprehensive security
assessment of City buildings. Funding is requested to implement enhancements to address the high
priority findings identified in a 2013/2014 City building security assessment performed by Lyon &
Associates. Funding will be directed to access control, alarm systems, internal public address
systems, security cameras, and minor remodels to increase security workspace hardening. For
Second Reading, the amount has been decreased to $190,360 because it was determined that two
servers were not required.
City of Fort Collins Page 370
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 100, 2014, on Second Reading.
Councilmember Cunniff stated he would not support the motion as a more appropriate time to
discuss this issue would be during budget discussions.
Mayor Pro Tem Horak stated this item deals with an overriding security concern for front line
staff members.
The vote on the motion was as follows: Yeas: Weitkunat, Overbeck, Poppaw, Campana, Troxell
and Horak. Nays: Cunniff.
THE MOTION CARRIED.
RESULT: ADOPTED [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Horak
NAYS: Cunniff
21. Items Relating to Disposable Bags. (Adopted Ordnance No. 099 as Amended on Second
Reading)
A. Second Reading of Ordinance No. 099, 2014, Amending Chapter 12 of the City Code to
Establish Regulations Regarding Disposable Bags. (Option 1)
B. First Reading of Ordinance No. 112, 2014, Amending Chapter 12 of the City Code to Establish
Regulations Regarding Disposable Bags (Option 2)
At the May 13, 2014 Work Session, City Council directed staff to prepare an ordinance to reduce the
number of disposable bags distributed by grocery stores at checkout registers. On July 1, Ordinance
No. 099, 2014 was adopted by a vote of 5-2 (nays: Weitkunat, Troxell) on First Reading.
Council directed staff to postpone Second Reading of Ordinance No. 099, 2014 to August 19, to
allow more time for Councilmembers to review public input on disposable bags. An informational
meeting held July 30 (attended by 50-60 people) allowed the public to receive answers from staff
and Councilmembers on specific questions regarding the proposed ordinance.
The “Option 2” ordinance has also been developed for Council’s consideration. Option 2 has been
written at the request of multiple Councilmembers to take a new approach at an ordinance that could
help reduce the use of disposable bags in Fort Collins.
Bruce Hendee, Chief Sustainability Officer, noted an additional option has been added since
First Reading.
Susie Gordon, Senior Environmental Planner, stated Council will be considering Ordinance No.
099, 2014, on Second Reading and Ordinance No. 112, 2014, on First Reading. She discussed
the history of the issue and the approval of Ordinance No. 099, 2014 on First Reading.
Additionally, Gordon discussed Ordinance No. 112, 2014 and its differences from Ordinance No.
099, 2014.
The following citizens supported adoption of Ordinance No. 099, 2014:
City of Fort Collins Page 371
David Roy, 2016 Evergreen Court
Kevin Cross, Fort Collins Sustainability Group
Gail Marie Kimmel, 331 Park Street
Nancy York, 130 South Whitcomb
Cheryl Distaso, Fort Collins Community Action Network
Rob Kagen, Natural Resources Advisory Board
Bob Mann, Natural Resources Advisory Board
Tim Johnson, Fort Collins resident
The following citizens opposed the adoption of both Ordinances:
David Steinmetz, 4936 Smallwood Court
Kathleen Bailey, 934 East Ridgecrest Road
Chris Kelley, Fort Collins resident
Duane Jansen, 617 Hillview Court
Mary Beth Snyder, 630 North Briarwood
Jonathan Barnes, Fort Collins resident
Rob Kaczanowski, 720 Bentley Place
Sean Yeldell, Fort Collins resident
Mike Vandle, Fort Collins resident
Rudy Zitti, 1626 Fantail Court
Mary Lou Chapman, Rocky Mountain Food Industry Association
Mike Pruznick, 636 Castle Ridge Court
Jim Ling, 6575 Rookery Road
Tim Bessler, 4443 Starflower Drive
John Primsky, 1907 Catkins Court
Heather Wolhart, 2520 Constitution Avenue
Cathy Zitti, 1626 Fantail Court
Lisa Gechter, Fort Collins resident
Nila Croll, 7306 Vardon Way
Ed Haynes, 1300 Patterson Place
Allison Wollen, Fort Collins resident
Jeff Bailey, Citizens Against Bag Taxes
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
Councilmember Campana asked about the results of a Brindle Group study. Gordon replied the
report was a policy analysis of various approaches and the study determined that relative to bans,
it is not as effective to charge a bag fee.
Councilmember Troxell commended the report staff prepared regarding the City’s use of plastic
bags.
City Manager Atteberry stated the City needs to lead by example and supported Council giving
direction to reduce bag use within the organization.
Councilmember Troxell asked how many establishments will be affected with the passage of
Ordinance No. 112, 2014. Hendee replied staff would need additional research time in order to
respond with more precision.
City of Fort Collins Page 372
Councilmember Troxell requested a waste stream analysis and questioned whether either of these
Ordinances will accomplish their goals.
Mayor Weitkunat asked how many businesses would be impacted by the passage of Ordinance
No. 099, 2014. Gordon replied there are about 25 grocery stores in Fort Collins which would be
impacted.
Mayor Weitkunat suggested the possibility of eliminating the exemption for individuals
receiving federal assistance given legislation that does not allow discrimination based on income.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 099, 2014, on Second Reading.
Councilmember Cunniff stated there has been more research regarding the impacts of this option
as opposed to Ordinance No. 112, 2014. He made a motion, seconded by Councilmember
Poppaw, to amend Ordinance No. 099, 2014 to strike Section 12.140 and the reference to the
same in Section 12.148(4), and to modify Section 12.139(2) by replacing the language to read
“any revenue derived in excess of actual cost of administration and cost of the disposable bags
shall be used to procure and distribute to eligible customers free of charge reusable bags” and
adding an item 4 stating that “eligible customers for free reusable bags shall consist of those
customers who provide proof that he or she is a participant in a federal or state food assistance
program to the extent permissible under the relevant program.”
Councilmember Cunniff discussed the intent behind his proposed amendment.
Councilmember Campana discussed his meeting with the Rocky Mountain Food Industry
Association and stated they would like the bag fee to be applicable to all retail stores, would like
to have the City generate uniform education pieces, and oppose administering excess revenue
from the bag fee.
Mayor Pro Tem Horak supported expanding the Ordinance to all retailers and supported aligning
the fee with the actual amount of the cost, which is $0.04 or $0.05.
The vote on the amendment was as follows: Yeas: Cunniff, Overbeck and Poppaw. Nays:
Weitkunat, Campana, Troxell and Horak.
THE MOTION WAS DEFEATED.
Councilmember Troxell asked if a deposit rather than a fee was ever considered. Gordon replied
there is no precedent for such a system; therefore the idea was never investigated further.
Councilmember Cunniff opposed a deposit program for bags only in Fort Collins but supported
the discussion of a statewide deposit system for various waste products.
Councilmember Troxell opposed the existing two Ordinances as not being fully ready.
Councilmember Campana stated the issue has had a significant amount of public outreach and
discussed his support for the items in Ordinance No. 112, 2014; however, he stated he could
support Ordinance No. 099, 2014 with slight changes, including reducing the fee to $0.05.
City of Fort Collins Page 373
Councilmember Cunniff suggested Council direct the City Manager to undertake a reduction in
the number of plastic bags used by the City.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to amend the
Ordinance to change references from food stores to retail stores, to change the fee amount from
$0.10 to $0.05, to delete the section regarding rebates for individuals receiving state or federal
food assistance, and to direct the City Manager to address the reduction of plastic bag use within
the City organization and create a public education campaign.
Mayor Pro Tem Horak suggested the City Attorney be given a few minutes to craft the
amendment language.
Mayor Weitkunat suggested proceeding to other items on the agenda during the time.
Mayor Weitkunat opposed the excessive number of changes being made to Ordinance No. 099,
2014 and suggested it would be cleaner to start over with a new Ordinance.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to table the
discussion of Item No. 21 until the completion of the discussion of Item No. 25.
Merrit Hartson, 4321 East County Road 48, stated the item should be tabled for more than ten
minutes in order to allow the public to examine the changes.
Rob Kaczanowski, 720 Bentley Place, noted retailers which would now be affected by this
change are not represented and supported tabling the item to a point in the distant future.
Kevin Cross, Fort Collins Sustainability Group, supported moving ahead with the amendment as
it is incorporating components of Ordinance No. 112, 2014.
Mary Beth Snyder, 630 North Briarwood, opposed the Ordinance amendment.
Kathleen Bailey, Fort Collins resident, opposed the Ordinance amendment.
Eric Levine, Fort Collins resident, supported the Ordinance and the amendment and noted the
irregularity of allowing public comment following Council going into discussion.
The vote on the motion was as follows: Yeas: Cunniff, Campana, Overbeck, Poppaw, Horak and
Weitkunat. Nays: Troxell.
THE MOTION CARRIED.
(Secretary’s note: At this point in the meeting, the Council considered Item #25 Resolution 2014-
076 Creating a Council Committee to Make Recommendations to the Council, Commencing the
Process to Select a Search Firm, and Adopting a Plan and Target Schedule for the Recruitment
and Selection of a City Attorney and took a brief recess to allow the Interim City Attorney time
to draft the requested amendments to Ordinance No. 099, 2014.)
Mayor Pro Tem Horak asked for input regarding the inclusion of all retailers. Hendee replied the
amended Ordinance was to include all retailers and discussed the staff concern with the ability to
City of Fort Collins Page 374
operationalize those changes all at one time. He stated staff is recommending implementation
for grocers in 2015 with the additional retailers added in 2016.
Councilmember Cunniff asked about including all retailers in a delayed implementation date of
April 1, 2015. Hendee replied staff will work with any Council direction on the issue.
Councilmember Troxell expressed concern the Ordinance has received too many amendments to
go forward on Second Reading. City Attorney Daggett replied there is no specific Charter Code
or procedural rule that limits the Council’s ability to amend an Ordinance between First and
Second Reading. Ordinances are published by title and noted this title is quite broad and its
meaning has not changed between readings, given the proposed amendments.
Councilmember Troxell stated his objection remains.
Mayor Weitkunat agreed with Councilmember Troxell and stated the amendments deserve the
opportunity to receive public input.
Councilmember Cunniff disagreed with the conclusion that the impact of the amended Ordinance
differs from the impact of Ordinance No. 112, 2014.
Mayor Pro Tem Horak requested staff recommendations regarding implementation dates.
Hendee replied the grocery store industry is prepared for the change given the level of
communication with staff; however, the retailers have not been part of the same communication
loop.
Councilmember Campana made a motion, seconded by Councilmember Overbeck, for a friendly
amendment to change the implementation date to April 1, 2014. Mayor Pro Tem Horak and
Councilmember Cunniff accepted the friendly amendment.
The vote on the motion to amend was as follows: Yeas: Overbeck, Poppaw, Horak, Cunniff and
Campana. Nays: Troxell and Weitkunat.
THE MOTION CARRIED.
Councilmember Cunniff discussed the global impact of plastic bags and stated this is an
appropriate action to be taken by local government.
Councilmember Troxell stated this action will cause incremental damage to the business
community and to citizens. He encouraged the consideration of waste as a resource.
Mayor Weitkunat opposed the direction stating there is no overwhelming immediacy behind
enacting this fee at this time. She commended citizens’ voluntary efforts at reducing, reusing
and recycling and stated the same outcome could have been achieved through education,
eliminating the negative discourse throughout the community.
Councilmember Campana stated this implementation does not prevent a systems approach to the
waste stream, does not prevent the use of waste energy, does not prevent reuse and recycling,
and does not prevent further education. He supported the use of this fee as an additional tool
toward the road to zero waste.
City of Fort Collins Page 375
Mayor Pro Tem Horak suggested a friendly amendment to include a section requiring verbal
consent from customers to purchase disposable bags in Section 138. Councilmembers Cunniff
and Poppaw accepted the friendly amendment.
RESULT: ORDINANCE NO. 099, 2014 ADOPTED AS AMENDED [5 TO 2]
MOVER: Ross Cunniff, District 5
SECONDER: Lisa Poppaw, District 2
AYES: Overbeck, Poppaw, Campana, Cunniff, Horak
NAYS: Weitkunat, Troxell
Motion to Continue Meeting Past 10:30 PM
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to extend the
meeting past 10:30 p.m.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
22. Resolution 2014-075 Naming a Loop Trail Within a New 31-Acre Natural Area and Restarting
the Process for Selecting an Overall Name for the New Natural Area. (Adopted)
The purpose of this agenda item is to restart the process with the Natural Areas Department and the
Land Conservation and Stewardship Board to make a recommendation to Council of a name for a
new 31-acre natural area on the Poudre River conveyed to the City by Woodward Governor and to
name a loop trail within that natural area.
John Stokes, Natural Resources Director, discussed the location and history of the Natural Area
property and the Natural Areas naming policies. The ad hoc committee has suggested naming a
loop trail within the natural areas as the Coy-Hoffman Loop.
Wayne Sundberg, 1108 Lynnwood Drive, supported honoring the Coy name.
Heather Wolhart, 2520 Constitution Avenue, stated she is a relative of John and Emily Coy and
supported honoring the family name. She noted Coy Hoffman is her grandfather and is a
different individual.
Maxine Tamlin, Pioneer Association President, presented a petition to name the Natural Area to
honor the Coy family.
Myrne Watrous, 723 West Olive, opposed the naming of the trail Coy-Hoffman and opposed
restarting the naming process. She supported naming the area the John and Emily Coy
Homestead Natural Area.
Carol Tunner, 1400 Wimbledon Court, stated the Hoffman family donated the land by the trail
and supported naming the area to tie to the history of the land.
Councilmember Troxell asked about the use of family names in Natural Area naming and
questioned the descriptive use of the word "homestead."
Councilmember Cunniff supported the loop trail naming.
City of Fort Collins Page 376
Mayor Weitkunat supported the addition of the word "homestead" and the inclusion of
interpretive features on the loop trail to discuss the history of the area.
Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to adopt
Resolution 2014-075, changing the name of the loop trail to the John and Emily Coy Homestead
Loop Trail.
Councilmember Cunniff supported the inclusion of interpretive features along the trail.
Mayor Weitkunat encouraged the involvement of historical and cultural considerations in the
naming of the Natural Area itself.
City Attorney Daggett recommended Council consider a conforming change to the final Whereas
clause. Councilmember Poppaw suggested a friendly amendment to that end. Councilmember
Cunniff and Mayor Pro Tem Horak accepted the amendment.
City Attorney Daggett recommended Council add a section to the Resolution regarding naming
Natural Areas after families. Councilmember Poppaw suggested a friendly amendment to that
end. Councilmember Cunniff and Mayor Pro Tem Horak accepted the amendment.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gerry Horak, District 6
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
23. First Reading of Ordinance No. 113, 2014, Approving the Seventh Amendment to the Fort
Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation,
Growth Management and Related Issues. (Postponed to September 2, 2014)
The purpose of this item is to update a 2009 Intergovernmental Agreement (IGA) with the Town of
Timnath to incorporate several amendments and new land use provisions. The Land Use portions of
the agreement are intended to provide planned and orderly development of urban services along the
I-25 Corridor and to establish appropriate Growth Management and Influence Areas to support such
development.
24. Items Relating to Initiating Annexation Proceedings for the Clydesdale Park First and Second
Annexations. (Postponed to September 2, 2014)
A. Resolution 2014-067 Finding Substantial Compliance and Initiating Annexation Proceedings for
the Clydesdale Park First Annexation.
B. Resolution 2014-068 Finding Substantial Compliance and Initiating Annexation Proceedings for
the Clydesdale Park Second Annexation.
The purpose of this item is to initiate annexation proceedings for the existing Clydesdale Park
subdivision located east of Interstate 25, south of the intersection of East Mulberry Street and
Carriage Parkway. Clydesdale Park includes 217 single-family residential lots on approximately 75
acres. Residents of the Clydesdale Park neighborhood have requested this annexation. In
accordance with State law, the purpose of the Initiating Resolutions is to accept the Annexation
Petitions and provide a schedule for upcoming Council hearings within a timeline that complies with
State Statutes.
City of Fort Collins Page 377
25. First Reading of Ordinance No. 114, 2014, Appropriating Capital Project Funding in the Light
and Power, Water, Wastewater, and Stormwater Drainage Enterprise Funds and Authorizing
the Transfer of Appropriations to the Cultural Services and Facilities Fund for the Art in
Public Places Program, for the Construction of a New Utilities Administration Building in
Block 32 on LaPorte Avenue and Renovation of 700 Wood Street. (Postponed to September 2,
2014)
The purpose of this Appropriation Ordinance is to provide funding for the construction of a new Utility
Administration Building within Block 32 on LaPorte Avenue, as well as renovation of the existing
Utility Service Center at 700 Wood Street. The total combined project costs are $23,411,000 with
$4,500,000 already appropriated from Light and Power reserves, leaving $18,911,000 to be
appropriated with this ordinance.
A Utility Building Team comprised of internal staff and external subject matter experts has worked
with the architectural firm RNL and Adolfson and Peterson Construction to assess the best way to
address the current building performance and space issues facing Fort Collins Utilities’ ongoing and
future business operations. Balancing the city-wide goal to have high-performing office buildings
with the need to be fiscally prudent has led the Building Team to recommend the two-pronged
funding process proposed in this appropriation ordinance.
The four Utility Enterprise Funds (Light and Power, Water, Wastewater and Stormwater) will share
the costs of the projects. All appropriations will come from the existing reserves in these four funds.
25. Resolution 2014-076 Creating a Council Committee to Make Recommendations to the
Council, Commencing the Process to Select a Search Firm, and Adopting a Plan and Target
Schedule for the Recruitment and Selection of a City Attorney. (Adopted)
The purpose of this item is to begin the City Attorney recruitment and selection process by:
1. creating a Council Committee to screen search firm candidates and make recommendations to
the City Council regarding the search firm to be chosen and to make recommendations regarding
other matters related to the City Attorney recruitment and selection process;
2. directing staff to develop and implement a request-for-proposal process for search firms to aid the
Council Committee in its recommendation to City Council; and
3. adopting a detailed plan and target schedule for the recruitment and selection of the City
Attorney.
Janet Miller, Human Resources Director, discussed the Resolution and items for Council
consideration.
Councilmember Cunniff questioned the length of the process. Miller replied the timeline may
seem long; however, the timeline is increased by the need to bring many of the items before
Council and by the need for the engagement process for the recruiter. The timeline is similar to
the City Manager search process as well as to Loveland's City Attorney process.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-076 with Mayor Weitkunat, and Councilmembers Campana and Troxell as
members of the Council Committee.
Councilmember Poppaw commended the willingness of the Councilmembers and Mayor to serve
on the committee.
City of Fort Collins Page 378
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 11:16 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 379
September 2, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
Staff Present: Atteberry, Daggett, Knoll
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated an Executive Session will be considered under Other Business,
which will follow the Skyview GID meeting.
CITIZEN PARTICIPATION
Eric Sutherland, 3520 Golden Currant, discussed Item No. 3, Second Reading of Ordinance No.
108, 2014, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges
and Provide Rates for Customers Enrolled in the Fort Collins Community Solar Project and
opposed the fact time-of-use rates are not part of the Ordinance.
Mel Hilgenberg, 172 North College, announced community events and discussed BOB 2.
Kelley Richardson, Fort Collins Homeless Coalition, expressed concern regarding the treatment
of homeless individuals in the city.
Mike Pruznick, Fort Collins resident, requested assistance with street repairs in the Castle Ridge
PUD.
Bob Criswell, 300 Columbia Road, Citizens for Recycling Choices, opposed the plastic bag fee
enacted by Council.
Janice Lynne, 218 South Washington, supported an appeal of the court decision regarding
fracking.
Kelly Giddens, 3513 Westminster Court, Citizens for a Healthy Fort Collins, supported an appeal
of the court decision regarding fracking.
Elizabeth Hudetz, Fort Collins resident, Colorado Citizens Rights Network, supported an appeal
of the court decision regarding fracking.
John Primsky, 1907 Catkins Court, opposed the plastic bag fee implemented by Council.
David Rout, Homeless Gear Executive Director, thanked the City for its proactive approach to
West Nile and expressed concern regarding the distribution of bus passes to homeless
individuals.
Beverly Hill, 3605 Mead Street, opposed the plastic bag fee enacted by Council.
City of Fort Collins Page 380
Brendon (no last name given), supported an appeal of the court decision regarding fracking and
discussed homelessness in the community.
Charles Kop, 501 Hanna Street, supported an appeal of the court decision regarding fracking.
Cheryl Distaso, Fort Collins Community Action Network, supported an appeal of the court
decision regarding fracking and supported Council’s vote on the plastic bag fee. Additionally,
she thanked Council for reconsidering the caring meters and anti-panhandling poster campaign
and urged Council to end the ticketing of homeless campers.
Desiree Fisk, Fort Collins Homeless Coalition, thanked Council for reconsidering the caring
meters and anti-panhandling poster campaign and urged Council to end the ticketing of homeless
campers.
Thomas Edwards, 1101 South Bryan, discussed bicycle ticketing.
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Pro Tem Horak requested staff input regarding the bus pass distribution. Karen Cumbo,
Planning, Development and Transportation Director, replied staff is currently working on
addressing inconsistencies in bus ticket distribution.
Councilmember Troxell commented on time-of-use rates related to the community solar project.
Lance Smith, Utilities Services, stated time of use rates were discussed at a May work session
and a pilot project is being considered; however, staff does not feel it is appropriate to do that
related to the community solar garden.
Councilmember Troxell supported the citizen initiative regarding reconsideration of the plastic
bag fee.
Councilmember Campana commented on Mr. Pruznick’s issues related to street repairs in his
neighborhood. Cumbo replied the sidewalks have been cut; however the streets have not. She
stated the City could perhaps complete the work and deal with the HOA for reimbursement.
Councilmember Campana opposed allegations regarding Council’s handling of the Second
Reading of the plastic bag Ordinance.
Councilmember Cunniff stated he too was comfortable with the process.
Councilmember Troxell stated the Second Reading of the Ordinance had an entirely new
meaning given the increase from grocery stores to all retailers.
Mayor Weitkunat stated changes to Ordinances on Second Reading have occurred more
frequently lately.
Mayor Pro Tem Horak commented on the possible appeal of court decisions regarding fracking
and commended the compassion of Natural Areas Rangers in dealing with homeless individuals.
Councilmember Cunniff supported local laws prohibiting camping in the City’s Natural Areas.
City of Fort Collins Page 381
CONSENT CALENDAR
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
1. Second Reading of Ordinance No. 106, 2014, Appropriating Unanticipated Grant Revenue in
the Recreation Fund for the Vida Sana Grant. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 19, 2014 approving the sub-grant
agreement and appropriate sub-grant funds from the Colorado Department of Public Health and
Environment, through the Poudre Valley Health System Foundation and the Coalition for Activity and
Nutrition to Defeat Obesity (CANDO), for the Vida Sana program to eliminate racial and ethnic
disparities in access among Latino/Hispanic community members to healthy lifestyle counseling and
programs. Specific interventions include increasing access to facilities providing physical activity;
providing social support to increase physical activity; and implementing a community wide campaign
for increasing physical activity that will be carried out by partner agencies.
2. Second Reading of Ordinance No. 107, 2014, Amending Ordinance No. 121, 2013, Regarding
Minimum Parking Requirements in the Transit-Oriented Development Overlay Zone District
to Extend Its Termination Date. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 19, 2014 approves a 90-day
extension of the temporary parking requirements in the Transit Overlay Development (TOD) Overlay
Zone. Ordinance No. 121, 2013, expires on September 13, 2014. The Planning and Zoning Board is
requesting more time to evaluate recommendations from the TOD Parking Study. New parking
requirements are anticipated to replace the temporary parking ordinance.
The Planning and Zoning Board will consider this item at its September 11, 2014 meeting. City
Council will formally consider the TOD Parking Study on First Reading on October 21 and Second
Reading on November 4.
3. Second Reading of Ordinance No. 108, 2014, Amending Chapter 26 of the City Code to Revise
Electric Rates, Fees and Charges and Provide Rates for Customers Enrolled in the Fort
Collins Community Solar Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 19, 2014 approves establishing a
reimbursement rate for the energy that will be produced through the Fort Collins Community Solar
Project (solar farm). The proposed reimbursement rate is consistent with recent changes in the
rooftop net-metering reimbursement rate, adopted in Ordinance No. 067, 2014. Like the rooftop net-
metering customers, participants in the solar farm, who purchase an interest in the solar farm, will be
reimbursed for every kilowatt-hour of energy produced at a rate of $0.0714 per kWh (the combination
of the Summer Tier 1 rate of $0.0583 per kWh and one half the facilities charge rate - $0.0131 per
kWh). The difference between the two rates is that, because participants in the Fort Collins
Community Solar Project will need to fully utilize the distribution infrastructure to deliver all of their
household energy, the additional payment the facilities charge portion of the rate is proposed to be
only half of that being given to rooftop net-metering customers.
4. Second Reading of Ordinance No. 109, 2014, Authorizing the Mayor to Execute a Lease
Agreement with Clean Energy Collective, LLC for the Use of City Property for a Community
Solar Garden Project with an Associated Access Easement. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 19, 2014 approves the
authorization to lease City property located at 500 Riverside Avenue to Clean Energy Collective, LLC
(through its subsidiary, CEC Solar #1038, LLC), to build and operate a community solar farm project,
City of Fort Collins Page 382
including an access easement to enter the property from the Wastewater plant entry road on
Mulberry Street. The City has entered into a Power Purchase Agreement with Clean Energy
Collective, LLC (CEC) to develop a community solar project in Fort Collins. The City property
located at 500 Riverside Avenue was determined by staff and CEC to be a feasible site for the
location of the project. To facilitate the development of the solar garden, CEC has requested a lease
agreement for the use of the City’s property for a period of 25 years for the building and operation of
the solar farm project.
5. Second Reading of Ordinance No. 110, 2014, Authorizing the Exchange of a 9.33 Acre Portion
of the Timberline Substation Property from the Electric Utility for a Comparably-Valued 3.03
Acre Site from the Parks Department. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 19, 2014 authorizes the exchange
of portions of property at the Timberline Substation property between the Utility Department and the
Parks Department. The City of Fort Collins owns a parcel of land at the southwest corner of Prospect
Road and Timberline Road which is the location of the Timberline Substation (the “City Property”).
The Utility Department owns 19.92 acres of the City Property of which 7.43 acres are used for
substation purposes. The Parks Department desires to develop a 9.33-acre portion of the property
owned by Utilities for recreation purposes and has proposed to acquire this portion from the Utility
Department. The Parks Department intends to maintain the property as a disc golf course. The
Utility Department has determined that the proposed conveyance and recreation use will not
adversely impact the portion of the City Property used for utility purposes. In exchange, the Utility
Department desires to acquire a 3.03 acre portion of the City Property which is owned by the Parks
Department. This Ordinance authorizes the exchange of the properties between the Utility
Department and Parks Department, recognizing that no funds will need to be paid between the
departments, based on the comparable values of the two parcels, existing encumbrances on the
9.33-acre parcel, the value of all access reservations retained by the Utilities Department, the
beneficial use each will realize in the land it acquires, and the value of additional services the Utility
Department will provide to the Parks Department.
6. Second Reading of Ordinance No. 111, 2014, Authorizing the Conveyance of a Shared Access
Easement on City Property to Public Service Company of Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 19, 2014, authorizes the
conveyance of a shared access easement to Public Service Company of Colorado for an access
road at the Timberline Substation Property. The City of Fort Collins Utility Department owns a
property at the southwest corner of Prospect Road and Timberline Road which is the location of the
Timberline Substation (the “City Property”). Public Service Company of Colorado, Inc. (PSCo) owns
a small tract of land on Timberline Road which is surrounded on three sides by the City Property.
The access to the two properties is by means of an existing driveway located on Timberline Road of
which a portion falls on to each property. In order to establish an easement of record for the allowed
use of the driveway by each party, the Utility Department and PSCo have proposed the conveyance
of a shared access easement allowing both parties the right to use the driveway for access
purposes.
7. First Reading of Ordinance No. 115, 2014 Amending Sections 19-66, 19-67, and 19-69 of the
City Code Pertaining to the Rules for Civil Infractions (Adopted)
The purpose of this item is to transfer civil infraction payment processing functions to the Municipal
Court from Neighborhood Services and the Forestry Division in order to more efficiently process and
track those citations and reduce redundancy since the Municipal Court is better equipped to handle
this function.
8. First Reading of Ordinance No. 116, 2014, Extending Ordinance No. 024, 2013, Which
Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay
Zone District for One Additional Year. (Adopted)
The purpose of this item is to request a twelve-month extension of the Planned Development
Overlay District pilot.
City of Fort Collins Page 383
9. Items Relating to the FY 2013-14 Safe Routes to School Program (Adopted)
A. Resolution 2014-077 Authorizing the Execution of a Project Construction Grant Agreement
Between the City and the Colorado Department of Transportation (CDOT).
B. First Reading of Ordinance No. 117, 2014, Appropriating Unanticipated Grant Revenue in the
Transportation Services Fund for the FY 2013-14 Safe Routes to School Program and
Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public
Places Program.
The purpose of these items is to enter into an intergovernmental agreement with CDOT and
appropriate $314,903 in Safe Routes to School grant funding to design and build a new multi-use
path along Lindenmeier Road serving Tavelli Elementary School.
10. Items Relating to Larimer County’s Request for Right of Way and Temporary Construction
Easements across five City properties to Construct, Operate and Maintain Improvements
Associated with the North Shields Street widening and Cache la Poudre bridge replacement.
(Adopted)
A. First Reading of Ordinance No. 118, 2014, Authorizing the Conveyance of a Deed of Dedication
and a Temporary Construction Easement on McMurry Natural Area to Larimer County.
B. First Reading of Ordinance No. 119, 2014, Authorizing the Conveyance of a Deed of Dedication
and a Temporary Construction Easement on North Shields Pond Natural Area to Larimer County.
C. First Reading of Ordinance No. 120, 2014, Authorizing the Conveyance of a Deed of Dedication
and a Temporary Construction Easement on Poudre River Trail Property to Larimer County.
D. First Reading of Ordinance No. 121, 2014, Authorizing the Conveyance of a Deed of Dedication
and a Temporary Construction Easement on City Property Located at 812 North Shields Street to
Larimer County.
E. First Reading of Ordinance No. 122, 2014, Authorizing the Conveyance of a Deed of Dedication
and a Temporary Construction Easement on City Railbanking Property to Larimer County.
The purpose of this item is to convey permanent rights-of-way and temporary construction
easements to Larimer County for improvements related to the North Shields Street widening and
Cache la Poudre River bridge replacement.
Larimer County will be widening the existing North Shields Street from a two-lane to a three-lane
road to provide a median/left turn lane, a trailhead parking lot, bike lanes and sidewalks from the
Arthur Ditch north to Willox Lane beginning in early 2015. The street and bridge construction will
require one temporary construction easement and the conveyance of permanent right-of-way (by
deed of dedication) on each of five City properties including McMurry Natural Area and North Shields
Pond Natural Area.
This project is being completed in partnership with the City. In particular, the Natural Areas and
Parks Departments are working with the County to provide better access to the river for hiking,
tubing and fishing. The new bridge will feature sidewalks on the bridge and trails leading from the
bridge to the river to provide improved pedestrian access across the bridge as well as to the river. A
new approximately 40 car trailhead parking lot will be constructed on the northwest portion of the
area on land owned by Larimer County Emergency Services and a sidewalk will connect the parking
area with the Poudre River as well as the North Shields Pond Natural Area. An additional benefit of
the project will be to fill a small portion of the eastern pond at North Shields Ponds Natural Area to
accommodate the widening of North Shields Street and to construct a new trail along the east shore
of the pond to improve access around the pond. This will require one temporary construction
easement and the dedication of permanent right-of-way on North Shields Ponds Natural Area.
Natural Areas has agreed to be responsible for maintaining the trailhead parking lot and the new
paved trails providing access to McMurry Natural Area, North Shields Pond Natural Area, the Poudre
City of Fort Collins Page 384
Trail and the Poudre River. Larimer County, Parks and Natural Areas will each be paying for a
portion of these improvements. Council will be asked to approve an Inter-Governmental Agreement
defining the cost sharing on the improvements and the ongoing maintenance of the trailhead parking
lot and trails early next year.
11. Resolution 2014-078, Setting the Dates of the Public Hearings on the 2015 and 2016 Proposed
City of Fort Collins Biennial Budget. (Adopted)
The purpose of this item is to set two public hearing dates on the proposed 2015-2016 biennial
budget. The City Charter requires that the City Council set a date for a public hearing on the
proposed budget. This Resolution sets that hearing date for the regular Council meeting of October
7, 2014. In an effort to receive further public input, this Resolution sets an additional hearing date
for the September 23, 2014, adjourned Council meeting.
12. Resolution 2014-079, Supporting the Referred Ballot Measure to Renew the Help Preserve
Open Spaces Sales and Use Tax. (Adopted)
The purpose of this item is to inform Council about the November 4, 2014, ballot measure to extend
the Help Preserve Open Space tax, Larimer County's quarter-cent sales and use tax that supports
County and local open lands program, including the City's Natural Areas Department.
13. Routine Deeds (Adopted)
The purpose of this item is for Council to accept two quit claim deeds from Poudre Valley Rural
Electric Association Inc. conveying the rights to a total of 110 electric easements within the
boundaries of Phase Three and Four of the Southwest Annexation.
A. Quit Claim Deed 1, from Poudre Valley Rural Electric Association Inc., conveying 57 easements
to the City of Fort Collins.
B. Quit Claim Deed 2, from Poudre Valley Rural Electric Association Inc., conveying 53 easements
to the City of Fort Collins
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff requested a detailed list of costs being borne by the Parks program,
Natural Areas program and County partnership prior to Second Reading regarding Item No. 10,
Items Relating to Larimer County’s Request for Right of Way and Temporary Construction
Easements across five City properties to Construct, Operate and Maintain Improvements
Associated with the North Shields Street widening and Cache la Poudre bridge replacement.
Additionally, he highlighted Council’s support of Item No. 12, Resolution 2014-079, Supporting
the Referred Ballot Measure to Renew the Help Preserve Open Spaces Sales and Use Tax.
STAFF REPORTS
Patty Netherton, Municipal Court Administrator, provided a brief update regarding the Special
Agency Session developed by the Fort Collins Municipal Court. The purpose of the Session is to
address public concerns with quality of life violations for those without housing while balancing
compassion and resourcefulness with accountability.
Councilmember Overbeck commended the restorative approach being utilized in this program.
Mayor Pro Tem Horak suggested a press release discussing the program.
City of Fort Collins Page 385
COUNCILMEMBER REPORTS
Councilmember Troxell reported on the Community Welcome event for CSU students and
commented on the concept of neighboring.
Councilmember Overbeck reported on the Commission on Disability’s support of the Colorado
Person First festival.
Councilmember Campana reported on a tour of Liberty Common School’s new construction and
its academic successes.
Mayor Pro Tem Horak reported on the Community Welcome event and the Larimer County
Open Lands Advisory Board’s support of a land purchase in Loveland.
Mayor Weitkunat reported on the relocation of the ARC Thrift Store and the dedication of the
FC150 exhibit at the Museum of Discovery. Additionally, she reported on the reintroduction of
Black-Footed Ferrets at Soapstone Natural Area.
DISCUSSION ITEMS
14. First Reading of Ordinance No. 113, 2014, Approving the Seventh Amendment to the Fort
Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation,
Growth Management and Related Issues. (Adopted on First Reading)
The purpose of this item is to update a 2009 Intergovernmental Agreement (IGA) with the Town of
Timnath to incorporate several amendments and new land use provisions. The Land Use portions of
the agreement are intended to provide planned and orderly development of urban services along the
I-25 Corridor and to establish appropriate Growth Management and Influence Areas to support such
development.
Karen Cumbo, Director of Planning, Development and Transportation Services, briefly
introduced the item and stated this agreement is a step forward in resolving longstanding issues
with the Town of Timnath.
Laurie Kadrich, Director of Community Development and Neighborhood Services, discussed the
history of the agreement regarding growth management areas with the Town of Timnath and
detailed the proposed amendment.
Tom Mills, Clydesdale Park HOA, supported the amendment as it would move Clydesdale Park
back into the City's growth management area.
Eric Sutherland, 3520 Golden Currant, expressed concern regarding possible shared revenues
and shared costs and stated Timnath has abused tax increment financing.
Ann Grant, Larimer County resident, supported the Ordinance.
Councilmember Cunniff requested an explanation of the five year lapse in resolving the growth
management area issue. Kadrich replied the County desired, at the time, to ensure future urban
areas were in one growth management area or another. This amendment has resulted from the
fact that Timnath is now working on developing an agreement with Larimer County for its
growth management area.
City of Fort Collins Page 386
City Manager Atteberry provided additional context to the history of the City's relationship with
Timnath.
Councilmember Cunniff asked about the revenue sharing areas and what will occur with
properties that already exist and are generating revenue for one of the municipalities. Rick
Richter, Director of Infrastructure Services, replied revenue sharing begins at development or
redevelopment.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 113, 2014, on First Reading.
Councilmember Troxell stated this is long overdue and commended the work that went into the
agreement.
Mayor Weitkunat supported the agreement.
Mayor Pro Tem Horak stated this is a continuation of Fort Collins' good planning.
Councilmember Cunniff expressed some concerns with the agreement and stated he would likely
not support the motion.
Mayor Pro Tem Horak urged Councilmember Cunniff to vote in the affirmative in order to show
support for Fort Collins to work cooperatively with Timnath.
Councilmember Cunniff offered an amendment to the motion to direct the City Manager to
initiate negotiations for a cooperative planning effort with respect to community separators and
natural areas.
City Attorney Daggett stated that type of direction may be more appropriately considered under
other business.
Mayor Weitkunat also encouraged an affirmative vote for the IGA amendment.
RESULT: ORDINANCE NO. 113, 2014 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
15. Items Relating to Initiating Annexation Proceedings for the Clydesdale Park First and Second
Annexations. (Adopted)
A. Resolution 2014-067 Finding Substantial Compliance and Initiating Annexation Proceedings for
the Clydesdale Park First Annexation.
B. Resolution 2014-068 Finding Substantial Compliance and Initiating Annexation Proceedings for
the Clydesdale Park Second Annexation.
The purpose of this item is to initiate annexation proceedings for the existing Clydesdale Park
subdivision located east of Interstate 25, south of the intersection of East Mulberry Street and
Carriage Parkway. Clydesdale Park includes 217 single-family residential lots on approximately 75
acres. Residents of the Clydesdale Park neighborhood have requested this annexation. In
accordance with State law, the purpose of the Initiating Resolutions is to accept the Annexation
City of Fort Collins Page 387
Petitions and provide a schedule for upcoming Council hearings within a timeline that complies with
State Statutes.
Jason Holland, Planning Services, discussed the location of Clydesdale Park and the proposed
annexations.
Tom Mills, Clydesdale Park resident, supported the annexation efforts.
Eric Sutherland, 3520 Golden Currant, noted Larimer County Urban Area street standards were
met when Clydesdale Park was built and questioned whether or not the standards are being
adhered to throughout the Timnath growth management area.
Mayor Weitkunat noted these Resolutions initiate the annexation process.
Councilmember Troxell asked what other steps are involved in the annexation process other than
the initiating Resolutions and annexation Ordinances. Holland outlined the annexation process
which involves a hearing before the Planning and Zoning Board.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2014-067.
Mayor Pro Tem Horak requested additional phasing information prior to Council hearing the
annexation Ordinances.
Councilmember Overbeck requested cost information prior to Council hearing the annexation
Ordinances.
RESULT: RESOLUTION 2014-067 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-068.
RESULT: RESOLUTION 2014-068 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
16. First Reading of Ordinance No. 114, 2014, Appropriating Capital Project Funding in the Light
and Power, Water, Wastewater, and Stormwater Drainage Enterprise Funds and Authorizing
the Transfer of Appropriations to the Cultural Services and Facilities Fund for the Art in
Public Places Program, for the Construction of a New Utilities Administration Building in
Block 32 on LaPorte Avenue and Renovation of 700 Wood Street. (Failed to Pass on First
Reading)
The purpose of this Appropriation Ordinance is to provide funding for the construction of a new Utility
Administration Building within Block 32 on LaPorte Avenue, as well as renovation of the existing
Utility Service Center at 700 Wood Street. The total combined project costs are $23,411,000 with
City of Fort Collins Page 388
$4,500,000 already appropriated from Light and Power reserves, leaving $18,911,000 to be
appropriated with this ordinance.
A Utility Building Team comprised of internal staff and external subject matter experts has worked
with the architectural firm RNL and Adolfson and Peterson Construction to assess the best way to
address the current building performance and space issues facing Fort Collins Utilities’ ongoing and
future business operations. Balancing the city-wide goal to have high-performing office buildings
with the need to be fiscally prudent has led the Building Team to recommend the two-pronged
funding process proposed in this appropriation ordinance.
The four Utility Enterprise Funds (Light and Power, Water, Wastewater and Stormwater) will share
the costs of the projects. All appropriations will come from the existing reserves in these four funds.
Kevin Gertig, Utilities Executive Director, discussed the purpose of this appropriation Ordinance
and detailed challenges with the existing Utilities facilities.
Ken Mannon, Operation Services Director, provided additional details regarding the proposal
and buildings.
Eric Sutherland, 3520 Golden Currant, argued growth within the City does not pay its own way
and discussed issues with Utilities services and buildings.
Councilmember Overbeck asked about the original proposal for the new building being net
positive in terms of energy production. Mannon replied the existing proposal will allow the
building to cover itself in terms of energy use.
Councilmember Cunniff requested a simple explanation of the benefit to rate payers of new
facilities. Gertig replied the new facilities will allow excellent customer service, additional
efficiency, and will provide an example of an energy efficient building to be part of the future
City campus block. City Manager Atteberry also noted this new building is necessary in terms
of needed space.
Councilmember Cunniff requested a summary of the sources of the reserve funds. City Manager
Atteberry replied the reserve funds are generated from rates and charges and stated future
Utilities capital needs are not included in capital expansion fees.
Councilmember Campana discussed the reserve fund sources and noted these structures will be
funded with cash on hand. Mike Beckstead, Chief Financial Officer, discussed additional details
regarding development fees and plant investment fees.
Councilmember Troxell asked what other distributed energy resources were considered. John
Phelan, Energy Services Manager, replied many design decisions have yet to be made; however,
the goal is to have the highest performing systems within the given budget.
City Manager Atteberry discussed the reasons for the additional appropriation amount.
Councilmember Troxell asked about the design of the work environment with respect to the
organization. Mannon replied this building will include shared offices and collaborative space.
Councilmember Overbeck expressed disappointment with the increase in the cost of construction
and requested alterations in budget estimates for the future.
City of Fort Collins Page 389
Mayor Weitkunat noted the 1% Art in Public Places appropriation would total $189,000 and
questioned if those dollars could potentially be utilized as part of the project. City Manager
Atteberry replied Council has the policy to change its policy and noted the art can be included in
many different ways.
Councilmember Cunniff supported the possibility of keeping the 1% with a dollar amount cap on
future capital projects. City Attorney Daggett noted the Code limits Art in Public Places
contributions to ½% of the annual budgeted operating revenue of each utility fund.
Mayor Weitkunat suggested the Art in Public Places Board be part of the planning process for
the building in an active, contributory way in order to possibly make a more utilitarian art
feature.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 114, 2014, on First Reading.
Mayor Pro Tem Horak requested an explanation of why this building makes sense in the overall
expenditure of capital through 2028. Additionally, he requested options if this building is not
built and asked what things would not occur should these funds be spent on these structures.
City Manager Atteberry replied the team will respond prior to Second Reading.
Mayor Pro Tem Horak stated this item would have been considered differently if it were a
General Fund item.
RESULT: ORDINANCE NO. 114, 2014 FAILED TO PASS ON FIRST READING [3 TO 3]
MOVER: Wade Troxell, District 4
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Campana, Troxell
NAYS: Overbeck, Cunniff, Horak
ABSENT: Poppaw
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
17. Resolution 2014-080 Adopting the Recommendations of the Air Quality Advisory Board
Regarding Comments to Colorado Department of Public Health and Environment on the Draft
Construction Permit 13LR2446 for Martin Marietta Materials, Inc. Hot Mix Asphalt Plant.
(Adopted)
The purpose of this item is to approve comments developed by the Air Quality Advisory Board and
staff based on public input and technical review of permit documentation to be submitted to Colorado
Department of Public Health and Environment regarding the draft air permit for the Martin Marietta
Materials, Inc. hot mix asphalt plant.
Lucinda Smith, Environmental Services Director, stated the City partnered with Larimer County
to hire Air Resource Specialists to conduct a technical review of the draft air permit for the
Martin Marietta plant. The resulting report found that the APCD modeling would meet the
standards for carbon monoxide and particulate matter. The Air Quality Advisory Board has
extensively studied the issue and is requesting that Council send a statement to the Health
Department suggesting deficiencies in the permit be corrected and the permit be reissued for
another 30 day comment period, suggesting the permit require controls for VOCs, institute
enforceable odor detection and controls, and require the plant to be subject to RACT
City of Fort Collins Page 390
requirements for carbon dioxide. Smith discussed additional recommendations by the Board.
Tom Moore, Fort Collins Air Quality Advisory Board Chair, briefly discussed the Board’s
recommendation.
Lucy Troup, 2125 Stonecrest, stated acceptable risk is not the same as no risk and requested a
second opinion from a neutral toxicologist.
Kevin Pass, 1150 St. German Drive, expressed concern regarding the odors emitted by the plant
and stated the plant should not be allowed near a school.
Ruth Widrick, Fort Collins resident, expressed concern regarding the odors emitted by the plant.
Bob Hare, 1352 Northern Court, expressed concern regarding the odors emitted by the plant.
Lauren Ogden, 2455 Stonecrest, expressed concern regarding the number of trucks travelling to
and from the plant.
Cheryl Distaso, Fort Collins Community Action Network, noted the plant sells half of its asphalt
to the City of Fort Collins and expressed concern regarding the plant’s location.
Karen Hare, 1352 Northern Court, encouraged frequent inspections of the plant.
Councilmember Cunniff asked if the Board comments addressed the odor issues as being derived
from the filling of trucks rather than the actual asphalt manufacturing. Smith replied the
consultant recommendations suggest asking for odor controls and enforcement; however, it is not
explicitly stated to consider a more broad examination of the odors.
Councilmember Cunniff noted many of the issues are not just directly related to stack emissions.
Mr. Moore stated additional considerations are in the Board recommendation.
Councilmember Overbeck asked about the possibility of including real time monitors throughout
the neighborhoods. Smith replied that was not among the comments made by the Board;
however, it could be recommended and considered in a voluntary partnership with Martin
Marietta.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-080.
Mayor Pro Tem Horak supported the recommendations.
Councilmember Campana asked if this production could be relocated within the site to gain
additional distance from Lincoln Middle School. Smith replied staff has not looked at whether
there is a location within the current property boundaries where the plant could be moved to be
farther from the school.
Mayor Pro Tem Horak stated the emissions and their effects are more the issue than the distance.
City of Fort Collins Page 391
RESULT: RESOLUTION 2014-080 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
18. Items Relating to the Greeley Bellvue Pipeline on City Property. (Adopted)
A. First Reading of Ordinance No. 123, 2014, Authorizing the Conveyance of a Waterline Easement,
Access Easement, and Temporary Construction Easement on City property to the City of
Greeley.
B. Resolution 2014-081, Authorizing the City Manager to Enter Into a Shared Location Agreement
for the Greeley Bellvue Pipeline to Cross a City Utility Easement.
The purpose of this item is to authorize the conveyance of easements to the City of Greeley
(“Greeley”) across the City Property known as the City Ditch and authorize a shared location
agreement for Greeley to cross a City utility easement. The City of Greeley is acquiring necessary
easements for its Greeley Bellvue Pipeline Project (the “Project”). Greeley has requested
easements for their Project across a strip of property owned by the City’s Utility Department
extending south from the Poudre River. The property lies outside City limits and is the location of the
City Ditch. The Larimer County Canal No. 2 Irrigating Company utilizes this ditch through an existing
easement agreement with the City. The easements requested by Greeley include a .19 acre (8,265
square feet) permanent waterline easement, a .133 acre (5,808 square feet) temporary construction
easement, and an access easement across the existing ditch access road.
Greeley also plans to install its pipeline across an existing utility easement containing a 27-inch
waterline owned by the City. In order to protect the City’s easement interest and existing utility
improvements, Greeley has agreed to enter into a Shared Location Agreement regarding this
crossing. The requested easements and agreement were presented and approved by the City’s
Water Board at their December 2010 meeting. They were also presented to the Land Conservation
and Stewardship Board meeting on December 8, 2010. These items were previously presented to
Council in June 2011, but the items were withdrawn due to concerns from citizens and City Council,
including that Greeley had not yet obtained authorization from the U.S. Army Corps of Engineers for
the Project and had not reached agreement with a neighboring property owner. Since that time,
Greeley has obtained authorization from the U.S. Army Corps of Engineers but has not yet reached
an agreement with the neighboring property owner. Greeley has agreed to pay the City for the value
of the easements as well as City Real Estate staff time.
Because Greeley wants to begin construction on this section of the Project soon, it has indicated that
it will use eminent domain if necessary to acquire the requested property interests from the City. If
Greeley acquires the requested easements through an eminent domain action, the City will not get
the benefit of the terms and conditions of those easements that City staff previously negotiated with
Greeley.
Jon Haukaas, Water Engineering Field Operations Manager, stated these actions request a water
line easement, a temporary construction easement, an access easement, and a shared location
agreement.
Eric Sutherland, 3520 Golden Currant, stated the City does not, nor has it ever, owned the land.
Mickey Willis, 150 Fairway Lane, agreed with the ownership issue discussed by Mr. Sutherland
and stated these pipelines will interfere with prehistoric findings on the site.
City of Fort Collins Page 392
Councilmember Overbeck asked why the current boards and commissions have not reviewed this
process. Haukaas replied the request has not changed since the original discussion; therefore, as
a procedural matter, it would have not gone before the boards and commissions a second time.
Councilmember Overbeck stated he would have liked real photographs of the site as well as a
site visit.
Councilmember Cunniff asked if eminent domain proceedings will begin should the voluntary
agreement not be entered into. Helen Matson, Real Estate Services Manager, replied the
easement can be granted without any concessions should eminent domain proceedings occur.
Councilmember Troxell stated a site visit did occur in 2010 and stated it is in the City’s best
interest to honor the work that has been put into the agreement and to gain the conditions built
into the agreement.
Councilmember Campana noted the City of Fort Collins has had an easement on the property for
over 100 years and has been leasing it to Larimer No. 2 Ditch Company. Matson clarified the
City has owned the property and leased it to Larimer No. 2 for 99 years, then granted the ditch
company a permanent easement.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 123, 2014, on First Reading.
Councilmember Cunniff stated he would support the motion given the benefits of the agreement,
though he expressed sympathy for the property owner.
Mayor Weitkunat discussed the history of the Greeley pipeline and stated this easement is
underground and will have very few impacts to the surface.
RESULT: ORDINANCE NO. 123, 2014 ADOPTED ON FIRST READING [5 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Weitkunat, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
ABSENT: Poppaw
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2014-081.
RESULT: RESOLUTION 2014-081 ADOPTED [5 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
ABSENT: Poppaw
City of Fort Collins Page 393
OTHER BUSINESS
Councilmember Cunniff received support to direct the City Manager to initiate
intergovernmental agreement discussions with Timnath regarding natural areas separators.
Councilmember Cunniff stated he has been satisfied with the information provided regarding the
City Manager and Councilmember Campana’s electric capacity fee inquiry for his development
project.
Mayor Weitkunat detailed the information received by Council and assured the public the
situation was handled appropriately and with integrity by all parties involved. She stated
Council will be considering an Ordinance in October to clarify Code language regarding the fees
and the City Manager and staff are working on a set of standard operating procedures that will
provide further clarity about the expectations for staff and Council interactions when
Councilmembers are doing business as individual citizens.
Adjourn until the conclusion of the Skyview GID meeting and continue the meeting past 10:30
p.m.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn until
after the Skyview GID Board of Directors meeting and to extend the meeting past 10:30 p.m.
.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
Designate Councilmember Overbeck as a second alternate to represent the City of Fort Collins
on the North Front Range Transportation MPO
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to designate
Councilmember Overbeck a second alternate to represent the City of Fort Collins on the North
Front Range Transportation MPO.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
ADJOURNMENT
(Secretary’s note: Councilmember Campana left the meeting at this time)
Executive Session Authorized
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to go into
Executive Session for the purpose of meeting with the Interim City Attorney, City Manager, and
other affected members of City staff to discuss potential litigation and related legal issues and/or
a manner in which particular policy practices and regulations of the City may be affected by
City of Fort Collins Page 394
existing or proposed provisions of federal, state, or local law as permitted under Section 2-
31(a)(2) of the City Code.
RESULT: ADOPTED [5 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Troxell, Cunniff, Horak
ABSENT: Poppaw
AWAY: Campana
Adjourn to 6:00 p.m. on Tuesday, September 9, 2014, for consideration of a possible Executive
Session and any other business that may come before Council
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
p.m. on Tuesday, September 9
th
, for consideration of a possible Executive Session and any other
business that may come before the Council.
RESULT: ADOPTED [5 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Troxell, Cunniff, Horak
ABSENT: Poppaw
AWAY: Campana
The meeting adjourned at 10:55 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
395
September 9, 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,
September 9, 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, Troxell, and Weitkunat.
Councilmembers Absent: Poppaw
Staff Members Present: Atteberry, Knoll, Daggett.
Executive Session Authorized
Councilmember Horak made a motion, seconded by Councilmember Cunniff, to go into
executive session for the purpose of meeting with the City’s legal counsel, the City Manager,
other affected members of City staff, and consultants for the City to discuss specific legal
questions related to potential litigation and related legal issues as permitted under Section 2-
31(a)(2) of the City Code. Yeas: Campana, Cunniff, Hoark, Overbeck, 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:
_____________________________
Chief Deputy City Clerk