HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 03/06/2012 - COMPLETE AGENDAKaren Weitkunat, Mayor
Kelly Ohlson, District 5, Mayor Pro Tem Council Chambers
Ben Manvel, District 1 City Hall West
Lisa Poppaw, District 2 300 LaPorte Avenue
Aislinn Kottwitz, District 3
Wade Troxell, District 4 Cablecast on City Cable Channel 14
Gerry Horak, District 6 on the Comcast cable system
Darin Atteberry, City Manager
Steve Roy, City Attorney
Rita Harris, Interim City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and
will make special communication arrangements for persons with disabilities. Assisted hearing devices are available to
the public for Council meetings. Please call 221-6515 (TDD 224-6001) for assistance.
REGULAR MEETING
March 6, 2012
Proclamations and Presentations
5:30 p.m.
A. Proclamation Declaring March 8, 2012 as Women’s Day and March 2012 as Women’s History Month.
B. Proclamation Declaring March 12-18, 2012 as Fix-A-Leak Week.
C. Proclamation Declaring March 10, 2012 as KRFC-Fort Collins 9th Birthday Bash.
D. Proclamation Declaring March 18-24, 2012 as National FIRST Robotics Week.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
1. CALL MEETING TO ORDER.
2. ROLL CALL.
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3. AGENDA REVIEW:
• City Manager Review of Agenda.
• Consent Calendar Review.
This Review provides an opportunity for Council and citizens to pull items from the Consent
Calendar. Anyone may request an item on this Calendar be “pulled” off the Consent
Calendar and considered separately.
N Council opportunity to pull Consent Calendar items.
(will be considered under Item No. 19)
N Citizen opportunity to pull Consent Calendar items.
(will be considered under Item. No. 21)
4. CITIZEN PARTICIPATION
5. CITIZEN PARTICIPATION FOLLOW-UP
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen
Participation.
CONSENT CALENDAR
The Consent Calendar consists of Items 6 through 15. This Calendar is intended to allow the City Council
to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of
the Consent Calendar. The Consent Calendar consists of:
! Ordinance on First Reading that are routine
! Ordinances on Second Reading that are routine
! Those of no perceived controversy
! Routine administrative actions.
Individuals who wish to make comments regarding items remaining on the Consent Calendar or wish to
address the Council on items not specifically scheduled on the agenda must first be recognized by the
Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The
timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again
at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals
who wish to speak, the Mayor may reduce the time allowed for each individual.
! State your name and address for the record.
! Applause, outbursts or other demonstrations by the audience are not allowed
! Keep comments brief; if available, provide a written copy of statement to City Clerk
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6. Consideration and Approval of the Minutes of the February 7, 2012, Regular Meeting.
7. Second Reading of Ordinance No. 015, 2012, Appropriating Unanticipated Grant Revenue in the
Transportation Services Fund for the Acquisition of New Traffic Signal System Software.
This Ordinance, unanimously adopted on First Reading on February 21, 2012, appropriates a
$248,000 Federal Congestion Mitigation Air Quality grant awarded to the City’s Traffic Operations
Department to procure and install new traffic signal system software to replace existing software in
the City’s Traffic Operations Center and in traffic signal controllers at intersections throughout the City.
The current software is aging and the vendor has discontinued support. Updating the system
software provides the ability to utilize new technologies that were not available previously. The
installation process will be done in phases and the old software will be retired, once full conversion
is completed.
8. Second Reading of Ordinance No. 016, 2012, Appropriating Unanticipated Grant Revenue in the
Capital Projects Fund and Appropriating Prior Year Reserves and Authorizing the Transfer of Existing
Appropriations in the Keep Fort Collins Great Fund for the North College Improvements Project -
Conifer Street to Willox Lane.
The North Front Range Metropolitan Planning Organization has awarded the City of Fort Collins
$2,039,000 in federal funds to design improvements, and begin rights-of-way acquisition along North
College Avenue between Conifer Street and Willox Lane. This Ordinance, unanimously adopted on
First Reading on February 21, 2012, appropriates fiscal year 2012 federal funds into the Capital
Project Fund for use on the North College Improvements Project – Conifer to Willox. Keep Fort
Collins Great funds are intended to be used as the local funds required for the project as per the
intergovernmental agreement with CDOT. This project is one of the highest ranked roadway projects
in the City’s Capital Improvements Plan.
9. Second Reading of Ordinance No. 017, 2012, Appropriating Unanticipated Grant Revenue in the
Capital Projects Fund for the City Bridge Program Project.
The City has been awarded a grant in the amount of $552,000 in federal funds from the Colorado Off-
System Bridge Program. This Ordinance, unanimously adopted on First Reading on February 21,
2012, appropriates funds for the replacement of the structurally deficient Bryan Avenue Bridge over
the Larimer County Canal No. 2, located just north of Poudre Fire Authority Fire (PFA) Station 2 by
City Park.
10. First Reading of Ordinance No. 018, 2012, Establishing Rental Rates and Delivery Charges for the
City’s Raw Water for the 2012 Irrigation Season.
This Ordinance approves rates for the rental and delivery of the City’s raw water supplies. The Water
Utility uses these rates to assess charges for agricultural use, for various contractual raw water
obligations and for raw water deliveries to other City departments. The proposed rate for each type
of water is based on several factors including market conditions and assessments charged by
irrigation companies.
11. First Reading of Ordinance No. 019, 2012, Amending Chapter 26 of the City Code to Revise the
Manner in Which Carriage Houses May Obtain Water and Sewer Service.
The City’s Land Use Code allows carriage houses to be constructed at the rear of lots in certain
zoning districts. The City Code currently requires that such buildings have separate water and sewer
services connecting to City water mains and sanitary sewers. This requirement frequently stops the
carriage house projects due to construction constraints and cost considerations. The proposed
change in the City Code would provide an option to connect the water and sewer services to the
primary residence at the front of the lot with certain limitations.
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12. First Reading of Ordinance No. 020, 2012, Authorizing the Conveyance of City Property to PS Poudre
River, LLC.
In 2005, the City constructed the Oxbow Levee on the Cache La Poudre River to reduce flooding risk
and damages to a section of the City of Fort Collins located north and east of the river known as the
Buckingham neighborhood. The Oxbow Levee is located between Linden Street and Lincoln Avenue.
The City of Fort Collins Stormwater Master Planning and Floodplain Administration Division
completed (in conjunction with its engineering consultants) and submitted a levee certification analysis
to the Federal Emergency Management Agency (FEMA). FEMA determined that the levee
certification documentation was in order and accredited the levee and associated flood insurance rate
maps that depict the floodplain areas as protected from the base regulatory (100-Year) flood.
The City then pursued inclusion of the levee into the United States Army Corps of Engineers (USACE)
levee maintenance program. The benefits of inclusion in this program are:
1. the USACE can assist with flood fighting efforts during flood events; and,
2. qualifying damages will be repaired by the federal government at 80 percent federal / 20
percent local cost share.
The levee has been reviewed by the USACE and it has been determined that additional land in the
form of an access and maintenance easement is needed from the adjacent property owner PS
Poudre River, LLC. During discussions regarding the needed easement, PS Poudre River, LLC
voiced concerns regarding granting the maintenance and access easement since this reduces the
developable portion of its property. In an effort to reach a mutually satisfactory solution, the property
owner proposed the City grant a small remnant parcel located adjacent to and east of the Oxbow
Levee in exchange for the needed access and maintenance easement. The Stormwater Master
Planning and Floodplain Administration Division has identified that the proposed remnant parcel is
no longer needed for flood control purposes. The property owner has agreed to a provision that the
City remnant parcel property will be conveyed subject to a deed restriction limiting the property to
natural landscape or trail uses only.
13. First Reading of Ordinance No. 021, 2012, Authorizing the Lease of City-Owned Property at 1506B
West Horsetooth Road for Up to Five Years.
The City acquired the property located at 1506 West Horsetooth Road as part of the Affordable
Housing Land Bank Program in 2003. Total acreage of this property is 8.3 acres of development
land. Currently, this site has one single-family residence, one building with an efficiency apartment
and garage, and horse facilities. The lease for 1506B West Horsetooth Road will be for the efficiency
apartment.
14. Resolution 2012-014 Ratifying the Reappointment of Michael Liggett and the Appointments of John
Frey and Kipp Lyons to the Poudre River Public Library District Board of Trustees.
Resolution 2007-026 ratified the initial appointments to the Library Board of Trustees on March 6,
2007. Seven Trustees were appointed to the Board with initial terms ranging from 1 to 5 years. The
initial term of Trustee Michael Liggett expires on March 6, 2012, and he has expressed a desire to
serve another term. The initial term of Mary Robertson (Atchison) also expires March 6, 2012 and
she has not expressed a desire to be reappointed. John Knezovich’s initial term expired on March
6, 2008 and Resolution 2008-027 reappointed Trustee Knezovich for a second term which expires
on March 6, 2012. According to the Bylaws of the Library Board of Trustees Boardmembers are
limited to two terms so Trustee Knezovich is not eligible to reapply.
The Library Trustee Selection Committee, comprised of Mayor Karen Weitkunat and Councilmember
Lisa Poppaw and Larimer County Commissioners Lew Gaiter and Steve Johnson, unanimously
recommends the reappointment of Michael Liggett to the Library Board of Trustees for a four-year
term and the appointments of John Frey and Kipp Lyons for four-year terms.
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15. Resolution 2012-015 Approving the Appointment of Rita Harris as Interim City Clerk.
This Resolution appoints Chief Deputy City Clerk Rita Harris as Interim City Clerk, following the
resignation of City Clerk Wanda Krajicek.
END CONSENT
16. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
17. Staff Reports.
- North College Improvements Project
18. Councilmember Reports.
19. Consideration of Council -Pulled Consent Items.
DISCUSSION ITEMS
The method of debate for discussion items is as follows:
! Mayor introduces the item number and subject; asks if formal presentation will be made
by staff
! Staff presentation (optional)
! Mayor requests citizen comment on the item (five-minute limit for each citizen)
! Council questions of staff on the item
! Council motion on the item
! Council discussion
! Final Council comments
! Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
20. First Reading of Ordinance No. 022, 2012, Amending Section 26-464 of the City Code to Establish
a Medical Discount Program for Electric Customers. (staff: Lance Smith, Patty Bigner; 5 minute staff
presentation; 20 minute discussion)
The medical life support discount program is a new program which is targeted at customers who are
in the tiered residential electric rate class and who have electric medical equipment in their homes.
There are three eligibility requirements for participation in the program: (1) a household income
ceiling, (2) an affidavit from a physician that affirms the listed equipment is approved by Medicare and
medically necessary, and (3) a lawful presence affidavit.
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21. Consideration of Citizen-Pulled Consent Items.
22. Other Business.
23. Adjournment.
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced
before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by
majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items
of business. Any matter which has been commenced and is still pending at the conclusion of the Council
meeting, and all matters scheduled for consideration at the meeting which have not yet been considered
by Council, will be continued to the next regular Council meeting and will be placed first on the discussion
agenda for such meeting.
PROCLAMATION
WHEREAS, women worldwide play a critical role in every sphere of life; and
WHEREAS, women in the United States serve as leaders in every realm; and
WHEREAS, women in Fort Collins work on behalf of all people; and
WHEREAS, the work of women at all of these levels and in all of these endeavors has
occurred historically and currently; and
WHEREAS, International Women’s Day has been observed nationally since the early 1900s
to celebrate women’s achievements; and
WHEREAS, March is celebrated in the United States as Women’s History Month.
NOW, THEREFORE, I, Karen Weitkunat, the Mayor of Fort Collins, do hereby proclaim
March 8, 2012, as
INTERNATIONAL WOMEN’S DAY
and the month of March 2012 as
WOMEN’S HISTORY MONTH.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 6th day of March, A.D. 2012.
__________________________________
Mayor
ATTEST:
_________________________________
Interim City Clerk
PROCLAMATION
WHEREAS, the citizens of Fort Collins strive to practice water conservation in their homes
and at work; and
WHEREAS, the City is celebrating the Year of Water with events and activities throughout
2012; and
WHEREAS, Fort Collins Utilities offers a variety of water conservation programs, services
and educational tools to adults and youth; and
WHEREAS, the average home may waste up to 10,000 gallons of water every year due to
running toilets, dripping faucets and other leaks; and
WHEREAS, the EPA’s WaterSense program’s Fix a Leak Week encourages Americans to
help put a stop to the more than 1 trillion gallons of water wasted from household leaks each year;
and
WHEREAS, Fort Collins Utilities is a WaterSense partner and contributes to the well-being
of local citizens through water efficiency, customer service, environmental protection, economic
development and safety awareness.
NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby
proclaim the week of March 12-18, 2012, as
FIX A LEAK WEEK
in Fort Collins to honor community members whose efforts to repair leaks have both environmental
and economic benefits.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 6th day of March, A.D. 2012.
__________________________________
Mayor
ATTEST:
_________________________________
Interim City Clerk
PROCLAMATION
WHEREAS, the vision of KRFC, Fort Collins Community Radio, is to be the voice of the
community, and the soundtrack for Northern Colorado; and
WHEREAS, KRFC, Fort Collins 88.9FM, first began broadcasting in March 2003, and has
provided non-commercial community-supported radio for nine years, charting the history and rise
of Fort Collins and Colorado music scenes through volunteer-sourced programming; and
WHEREAS, in August 2011, KRFC’s volunteer-powered programming shifted to encourage
listeners to “live local and listen local” by featuring more local Colorado music and community
focused programming; and
WHEREAS, every March for the nine years KRFC 88.9FM has been on the air, it has
brought the Northern Colorado community together to celebrate the anniversary of local, volunteer
powered community radio in Fort Collins
NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby
proclaim March 10, 2012 as
KRFC, FORT COLLINS
9TH ANNUAL BIRTHDAY BASH
in Fort Collins and ask that the citizens of Fort Collins recognize the contributions of citizenship and
service that KRFC, Fort Collins and its volunteers bring to this community.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 6th day of March, A.D. 2012.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
PROCLAMATION
WHEREAS, the organization, FIRST, which stands for “For Inspiration and Recognition
of Science and Technology”, was founded in 1989 by Dean Kamen in an effort to inspire
generations of children to participate in problem solving tasks using science and technology and
replicating real life situations and to promote the learning of science and technology in schools
globally; and
WHEREAS, locally, Fossil Ridge High School’s Team, Ridgebotics, and Poudre High
School’s Team, Alpine Robotics, are FIRST teams which solve the engineering challenges set forth
by FIRST; and
WHEREAS, FIRST also promotes a spirit of fair and cooperative competition and a
competitive atmosphere which aggressively encourages gracious professionalism from FIRST teams
and their affiliates; and
WHEREAS, the relationships and lessons that the students build and learn from their
community mentors and teachers are lifelong and inspire a commitment to higher education, often
in technology areas, that will prepare students to better our world and community; and
WHEREAS, both Alpine Robotics and Ridgebotics shall be competitors in the 2012 FIRST
Robotics Competition event, “Rebound Rumble,” a modified version of 3 versus 3 basketball; and
WHEREAS, this week exists to acknowledge the achievements of Alpine Robotics,
Ridgebotics, and FIRST as a whole, and to celebrate the study of, and interest in science, technology,
and engineering.
NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby
proclaim March 18-24, 2012 as
NATIONAL FIRST ROBOTICS WEEK
in Fort Collins, and call upon our citizens to recognize the importance of science and technology,
to support this team at its competitions on March 23 and 24 at Magness Arena of the University of
Denver and the national competition April 25-28 in St. Louis, Missouri, and to encourage the overall
participation of young men and women in these fields.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 6th day of March, A.D. 2012.
__________________________________
Mayor
ATTEST:
_________________________________
Interim City Clerk
DATE: March 6, 2012
STAFF: Rita Harris
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 6
SUBJECT
Consideration and Approval of the Minutes of the February 7, 2012, Regular Meeting.
February 7, 2012
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 7, 2012,
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: Horak, Manvel, Ohlson, Poppaw, Troxell and Weikunat.
Councilmembers Absent: Kottwitz
Staff Members Present: Atteberry, Krajicek, Roy.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
Citizen Participation
Michael Chalona, Parks and Recreation Board Chairperson, 408 Whedbee, discussed the disc golf
course at Edora Park.
Dawn Theis, Parks and Recreation Board Secretary, 2702 Rigden Parkway, stated the Board is
recommending reducing the size of the Edora disc golf course now that the Hughes Stadium disc
golf course is open.
Colin Hurley, Northern Colorado Disc Golf Club Member, 1305 Cypress Drive, opposed the
downsizing of the Edora disc golf course.
Evan Brummet, 4501 Boardwalk, opposed the downsizing of the Edora disc golf course.
Rachel Schrader, ASCSU Department of Community Affairs, discussed traffic safety concerns
among CSU students, and requested additional lighted crosswalks and bicycle enforcement.
Lucas Hensley, Northern Colorado Disc Golf Club Vice-President, 1300 Steeple Chase Drive,
opposed the downsizing of the Edora disc golf course.
Joshua Quinn, Northern Colorado Disc Golf Club, 3300 Colony Drive, opposed the downsizing of
the Edora disc golf course.
John Bird, 1301 Lefthand Drive, Longmont, opposed the downsizing of the Edora disc golf course.
Amelia Caruso, Artists Assembled, supported the Arts in Public Places program in Fort Collins.
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February 7, 2012
Josh Kerson, Bicycle Advisory Committee, 2814 West Vine Drive, discussed bicycle safety
concerns and requested the City hire bicycle safety officers.
Mary Harnett, 4028 Cherry Hills Drive, supported the Arts in Public Places program and its
expansion.
Jeff Nichols, Loveland resident, opposed the downsizing of the Edora disc golf course.
Lance Bebont, Fort Collins resident, opposed the downsizing of the Edora disc golf course.
Eric Sutherland, 3520 Golden Currant, expressed concern regarding the RMI2 loan.
Citizen Participation Follow-up
Councilmember Poppaw thanked the Arts in Public Places supporters.
Mayor Weitkunat acknowledged receipt of the emails opposing the downsizing of the Edora disc
golf course.
Marty Heffernan, Director of Community Services, stated staff is recommending the downsizing
of the Edora disc golf course to nine holes due to safety concerns at Edora Park.
Councilmember Horak expressed concern regarding the lack of communication with the Northern
Colorado Disc Golf Club. Heffernan replied the Club had been involved in discussions and were
told the completion of the Hughes course was dependent upon the downsizing of the Edora course.
Councilmember Horak asked if the Parks and Recreation Board had made a clear decision regarding
the downsizing of the golf course at Edora. He expressed concern regarding how the downsizing
decision was made given no public participation options.
Mayor Pro Tem Ohlson requested a timetable and cost information for an additional 18-hole disc
golf course in Fort Collins. Heffernan replied challenges exist in funding but a Budgeting for
Outcomes offer towards a capital project fund could occur if the land were available. The next best
option may be for the slated Northeast Community Park, but that may not occur until 2020 and is
dependent upon development and growth in the area.
Councilmember Troxell asked when the disc golf course was installed at Edora. Heffernan replied
it was installed in 1995.
Councilmember Troxell stated any possible historical nature of the Edora course should be
highlighted in the discussion.
Mayor Weitkunat stated clarity and communication regarding the upcoming process should be
maintained.
Councilmember Troxell thanked the citizens who spoke regarding traffic safety.
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February 7, 2012
Mayor Weitkunat asked if bicycle safety officers would need to be submitted as part of the
upcoming budget offers or if funding already exists. City Manager Atteberry replied a request could
be made in the upcoming budget. Karen Cumbo, Director of Planning, Development, and
Transportation Services, replied the specifics regarding bicycle safety enforcement and education
efforts will be forthcoming and the issue is a high priority within the service area. Bicycle questions
specifically can be addressed to the bicycle coordinator and issues regarding crosswalks can be
addressed to Joe Ohlson, Traffic Engineer. City Manager Atteberry suggested the City/CSU Liaison
Committee could also address the issue.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the January 17, 2012 Regular Meeting.
7. Second Reading of Ordinance No. 005, 2012, Amending Chapter 27 of the City Code to
Modify the Requirements for Arborist Licenses, Designate Additional Violations of Chapter
27 as Civil Infractions, and Make Updates.
Section 27-34 of the City Code requires businesses that wish to apply pesticides to trees for
commercial gain or profit to have a City arborist license. The Colorado Department of
Agriculture has conducted a review of the City Code provisions and Forestry policies related
to the regulation of pesticides and pesticide application and notified the City Forester of its
conclusion that this requirement conflicts with state statutes regarding the regulation of
pesticide applicators. This Ordinance, unanimously adopted on First Reading on January
17, 2012, removes this conflict.
The Ordinance also decriminalizes most violations of Chapter 27 by making every violation
of Chapter 27 a civil infraction instead of a misdemeanor with the exception of those
pertaining to arborist licenses; and updates a position title and cross references, and removes
unnecessary detail regarding department structure.
8. First Reading of Ordinance No. 006, 2012, Appropriating Unanticipated Grant Revenue in
the Transportation Services Fund for the FY 2011-12 Safe Routes to School Program.
The City of Fort Collins Transportation Planning Division has received a $50,176 federal
grant through the Colorado Department of Transportation for the FY 2011–12 Safe Routes
to School (SRTS) program. This funding will allow the City of Fort Collins’ Safe Routes
to School Program (administered and staffed by the Transportation Planning Division) to
provide new, higher quality bike racks at public schools within the City of Fort Collins and
roll out a new “Bicycle Parking at Schools” educational program.
9. First Reading of Ordinance No. 007, 2012, Approving a Third Amendment to the Fort
Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation,
243
February 7, 2012
Growth Management, and Related Issues, Extending the Deadlines for the City and Town
to Amend Their Growth Management Area Boundaries.
On February 17, 2009, the City of Fort Collins and the Town of Timnath entered into an
intergovernmental agreement regarding annexations, growth management, and related
issues. The agreement resolved certain differences that had arisen between the City and
Town concerning a variety of planning and growth management issues. The agreement set
one-year deadlines for the parties to amend their Growth Management Area boundaries and
for Timnath to exercise an option to purchase the Vangbo property from the City. In early
2010, the parties approved an amendment to this intergovernmental agreement that extended
the deadlines for approval of the Fort Collins GMA and for Timnath to decide whether to
exercise its option. In early 2011, a second amendment was approved by the City and
Timnath that extended the deadline for the parties to amend their Growth Management
boundaries and deleted all references to Timnath’s possible purchase of the Vangbo property
because Timnath decided not to move forward with the purchase. Another extension is
needed, and Ordinance No. 007, 2012, will extend the period of time within which the
parties’ Growth Management Area boundaries are to be amended for an additional year.
10. Resolution 2012-003 Amending the Human Relations Commission 2012 Work Plan.
Council liaisons have reviewed the 2012 work plans submitted by boards and commissions.
On January 17, 2012, Council gave direction (under Other Business) to amend the Human
Relations Commission Work Plan.
11. Resolution 2012-004 Making an Appointment to the Land Conservation and Stewardship
Board.
A vacancy currently exists on the Land Conservation and Stewardship Board due to the
resignation of Juli Germany. Councilmembers Wade Troxell and Aislinn Kottwitz reviewed
the applications on file. The interview team is recommending Ed Reifsnyder to fill the
vacancy with a term to begin immediately and set to expire on December 31, 2012.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 005, 2012, Amending Chapter 27 of the City Code to
Modify the Requirements for Arborist Licenses, Designate Additional Violations of Chapter
27 as Civil Infractions, and Make Updates.
Ordinances on First Reading were read by title by City Clerk Krajicek.
8. First Reading of Ordinance No. 006, 2012, Appropriating Unanticipated Grant Revenue in
the Transportation Services Fund for the FY 2011-12 Safe Routes to School Program.
244
February 7, 2012
9. First Reading of Ordinance No. 007, 2012, Approving a Third Amendment to the Fort
Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation,
Growth Management, and Related Issues, Extending the Deadlines for the City and Town
to Amend Their Growth Management Area Boundaries.
16. First Reading of Ordinance No. 008, 2012, Appropriating Unanticipated Revenue in the
Capital Projects Fund, Mason Corridor Project for the MAX Bus Rapid Transit Project.
17. Items Relating to Medical Marijuana.
A. First Reading of Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15,
Division 1, Article XVI of the City Code Relating to Medical Marijuana.
B. First Reading of Ordinance No. 010, 2012, Amending the Land Use Code to Delete
All References to Medical Marijuana Businesses.
C .First Reading of Ordinance No. 011, 2012 Amending Chapter 15, Article XVII of
the City Code to Add Additional Provisions Regarding Medical Marijuana Patients
and Primary Caregivers.
18. First Reading of Ordinance No. 012, 2012, Amending Section 2-606 of the City Code and
Setting the Salary of the Municipal Judge.
19. First Reading of Ordinance No. 013, 2012, Amending Section 2-581 of the City Code and
Setting the Salary of the City Attorney
20. First Reading of Ordinance No. 014, 2012, Amending Section 2-596 of the City Code and
Setting the Salary of the City Manager.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and
approve the Consent Calendar. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell.
Nays: none.
THE MOTION CARRIED.
Staff Reports
City Manager Atteberry stated 2012 is the 25th anniversary of the Edora Pool and Ice Center and
introduced Bob Adams, the City’s new Recreation Director.
Adams discussed the history and funding of the EPIC facility as well as activities and participation
numbers.
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February 7, 2012
Councilmember Reports
Mayor Weitkunat discussed the Airport Steering Committee and noted the Airport is a large benefit
to the community. She discussed the Colorado Municipal League lobbying activities and stated the
State of the City address will be February 15th.
Councilmember Troxell requested a report on the new downtown late night Transfort service. Kurt
Ravenschlag, Transfort, replied the service on the first weekend was a large success, with over 500
passengers using the service during the first two nights.
Councilmember Horak stated he met with Quail Hollow residents who are concerned about the
power poles being constructed in Pineridge Open Space. He requested additional mitigation and
communication efforts with neighbors and stakeholders. He stated public participation plans for
ideas on projects such as this should be implemented.
Items Relating to the Mason Corridor Bus Rapid Transit Project,
Adopted on First Reading
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
A. Resolution 2012-005 Authorizing the Execution of a Project Construction Grant Agreement
between the City and the Federal Transit Administration for the Construction of the Mason
Corridor (MAX) Bus Rapid Transit Project.
B. First Reading of Ordinance No. 008, 2012, Appropriating Unanticipated Revenue in the
Capital Projects Fund, Mason Corridor Project for the MAX Bus Rapid Transit Project.
In 2009, the Federal Transit Administration (FTA) approved Small Starts funding to construct the
MAX Bus Rapid Transit (BRT) Project. Previous Council actions appropriated $54,622,000 of FTA
funds, and $17,366,772 of funding designated for local match. This Ordinance appropriates the
remaining identified FTA funds of $14,845,076, to achieve the total $86,833,848 project cost. This
Resolution authorizes the execution of the final contract for the Project Construction Grant
Agreement with the FTA.
BACKGROUND/DISCUSSION
The MAX Bus Rapid Transit Project is a north-south bus system located in the central area of Fort
Collins. The Project extends from the Downtown Transit Center at Maple Street to approximately
1/4 mile south of Harmony Road, with a total length of approximately five miles. The BRT system
is proposed within an exclusive bus-only guideway for 2.8 miles, with the remaining 2.2 miles
intermixed with street traffic on portions of existing McClelland Drive and North Mason Street.
Along the entire length of the corridor, the BRT system runs parallel to the existing Burlington
Northern Santa Fe (BNSF) railroad tracks. The BRT system is just west of, and parallel to, College
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Avenue (US 287). Within the BRT travel-way, there will be two Transit Centers and twelve
stations/stops, including six park and ride locations. The Project includes improvements to the
existing Downtown Transit Center (the northern terminus for the BRT) and the construction of the
new South Transit Center (the southern terminus for the BRT). Lastly, the Project includes
expansion of the existing Transfort Maintenance Facility to accommodate six new exclusive BRT
buses.
The implementation of the MAX BRT is an essential step to achieving the Transfort transit system
vision. Removing bus traffic from the highly congested College Avenue corridor and creating an
exclusive guideway will provide the backbone for the future transit system. The MAX BRT will
provide the essential infrastructure to redesign the transit system to improve effectiveness.
Project Schedule:
FTA Design Review: January 2012
Release Bid: February 2012
Begin Construction: Spring 2012
Begin Revenue Operations: Spring 2014
FINANCIAL/ECONOMIC IMPACTS
This Project Construction Grant Agreement between the Federal Transit Administration (FTA) and
the City of Fort Collins is for construction and acquisition of the Mason Corridor Bus Rapid Transit
(MAX) Project. The Grant provides for 80% of the funding from FTA, and 20% from Local Match:
80% FTA $69,467,076
20% Local Match $17,366,772
Total Project $86,833,848
Previous Council actions appropriated $54,622,000 of FTA funds, and $17,366,772 of Local Match.
This Ordinance appropriates the remaining identified FTA funds of $14,845,076, to achieve the total
$86,833,848 project cost. The Project Construction Grant Agreement is expected to be finalized in
May 2012.
ENVIRONMENTAL IMPACTS
The construction of the MAX system was included in the National Environmental Policy Act (NEPA)
Environmental Assessment for the Mason Corridor Bus Rapid Transit Project. On September 9,
2008, the Federal Transit Administration declared a Finding of No Significant Impact (FONSI)
would result from the construction and operation of the MAX Bus Rapid Transit Project. On
December 21, 2010, the FTA affirmed that the 2008 EA and 2008 FONSI are valid, and the changes
in final design documented in the 2010 Environmental Re-Evaluation serve to amend the 2008 EA
and 2008 FONSI.
The Environmental Assessment analyzed impacts on the following categories:
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February 7, 2012
Land Use and Zoning Wildlife/Ecological Vegetation
Social Conditions Threatened/Endangered Species Noxious Weeds
Economic Conditions Visual Quality Construction
Environmental Justice Cultural Resources Transportation
Right-of-way Hazardous Materials
Air Quality Parks and Recreation Resources
Noise and Vibration Farmland
Water Resources and Water Quality Public Safety and Security
Wetlands Cumulative Impacts
Flooding and Floodplain Management
For more detailed information concerning the environmental impacts and mitigation measures,
please refer to the Mason Corridor Environmental Assessment located at:
www.fcgov.com/mason/environment.php.”
Helen Migchelbrink, City Engineer, discussed the Mason Corridor Bus Rapid Transit project and
stated this Resolution would authorize the Mayor to sign the Project Construction Grant Agreement
with the Federal Transit Administration. This Ordinance would appropriate the remaining funding.
Migchelbrink detailed some of the aspects of the project, including creating two-way traffic on
Mason Street and the retention of trees.
Claire Thomas, Communication and Public Involvement Office, discussed the Art in Public Places
aspects of the project and stated public surveys and open houses will be held regarding the proposed
artwork. On-line information will be on-going and construction newsletters will be distributed
throughout the project.
Gary Thomas, 727 Cherokee Drive, congratulated staff for its efforts on this project and noted this
project will positively affect transportation for seniors in the community.
Eric Sutherland, 3520 Golden Currant, asked if there is a ridership model to support the Mason
Corridor Bus Rapid Transit proposal.
Councilmember Horak requested information regarding College Avenue pedestrian crossings and
asked when transit planning for the altered routes will begin. Bruce Hendee, Chief Sustainability
Officer, replied Council approved a budget item for an urban design master plan last fall and stated
staff is in the final stages of creating a request for proposal for a consultant to develop that plan for
the corridor. East-west connections will be a significant aspect of that study.
Councilmember Horak asked when the system redesign will begin. Kurt Ravenschlag, Assistant
Transfort General Manager, replied the transit system for the Mason Corridor has been in the
planning process since 2002. Public outreach has occurred throughout the process and a citizen
advisory committee presented to Council in 2009. A six-month public outreach process will occur
prior to any changes taking place for these routes.
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February 7, 2012
Councilmember Troxell asked if the stations are going to be named and, if so, how the naming will
occur. Thomas stated the station names are selected based on transit philosophy and ease of use.
Stakeholders will be involved in the naming of two of the stations.
Mayor Pro Tem Ohlson asked about the public information process regarding the overpass element.
Migchelbrink replied the overpass project will soon go out for bid and noted there will be a week
in July in which the railroad will be out of service at which time the bridge will be put in place. In
anticipation of that time, a comprehensive outreach effort is soon to be launched to explain the
overpass element. Thomas replied construction schedules will determine a great deal of the outreach
timing.
Mayor Weitkunat expressed appreciation for the robust communication group. Thomas replied there
are two signs currently up on the Mason Corridor and additional signs will be placed as construction
begins. Additionally, station signs are being developed for placement at each station location.
City Manager Atteberry stated Council will receive a brief report on a monthly basis regarding the
project process.
Councilmember Horak requested the reports be repeated on Channel 14 and encouraged prompt,
structured responses to citizen inquiries regarding the project. He requested additional information
regarding the informed consent process over the next two years.
Councilmember Manvel made a motion, seconded by Councilmember Horak, to adopt Resolution
2012-005. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 008, 2012, on First Reading.
Councilmember Horak requested detailed information regarding the informed consent public
participation plan, specifically regarding route changes and College Avenue pedestrian crossings.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Items Relating to Medical Marijuana, Adopted on First Reading
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15, Division
1, Article XVI of the City Code Relating to Medical Marijuana.
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February 7, 2012
B. First Reading of Ordinance No. 010, 2012, Amending the Land Use Code to Delete All
References to Medical Marijuana Businesses.
C. First Reading of Ordinance No. 011, 2012 Amending Chapter 15, Article XVII of the City
Code to Add Additional Provisions Regarding Medical Marijuana Patients and Primary
Caregivers.
These Ordinances address actions needed as a result of the citizen initiated and voter approved ban
on medical marijuana related business.
Ordinance No. 009, 2012, repeals the sections of the Code that were enacted to license and regulate
such businesses and reenacts those provisions in a manner consistent with the adopted ballot
language. The new language bans all medical marijuana business in the City as of 12:01 am,
February 15, 2012.
Ordinance No. 010, 2012, addresses changes specific to the Land Use Code. It deletes such
businesses from the list of permitted uses in Article 4, deletes definitions from Article 5, and deletes
all references in Articles 1 and 3.
Ordinance No. 011, 2012, adds certain provisions to the Code sections dealing with primary
caregivers and their patients.
BACKGROUND / DISCUSSION
A citizen initiated measure to prohibit the operation of Medical Marijuana Centers, Optional
Premises Cultivation Operations, and Medical Marijuana-Infused Product Manufacturing within
the City of Fort Collins Corporate Limits was approved by the voters on November 1, 2011. All
such businesses must close on or before February 14, 2012.
The three Ordinances presented bring consistency to both the City Code and the Land Use Code as
the City moves forward in implementing the ban on medical marijuana related businesses.
Changes are also being made to the provisions dealing with primary caregivers and medical
marijuana patients. These provisions would state that:
- any person who violates the regulations dealing with patients and primary caregivers
commits a misdemeanor criminal offense;
- the fact that the City is regulating the use of medical marijuana by patients and primary
caregivers should not be construed as creating an exception, defense or immunity for those
persons under federal law; and
- if any of the provisions dealing with patients and primary caregivers is invalidated by a
court, that holding shall not affect the validity of the remaining provisions.”
Ginny Sawyer, Neighborhood Administrator, stated Ordinance No. 009, 2012, will repeal City Code
Chapter 15, which provided regulations for licensing medical marijuana businesses, and enact
language consistent with the ballot language which banned the businesses. Ordinance No. 010,
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February 7, 2012
2012, will eliminate references to medical marijuana businesses in the Land Use Code. Ordinance
No. 011, 2012, addresses more precise language relating to patients and caregivers.
Ken Correa, Solace Meds, 301 Smokey Street, requested the ability to use his current commercial
building to remain a small caregiver within Fort Collins.
Gary Petersen, Fort Collins resident, supported allowing caregivers to remain in existing commercial
spaces.
Peter Linder, Longmont resident and attorney, requested clarity regarding grow operations in non-
residential areas.
Tina Valente, In Harmony Wellness, Fort Collins resident, requested consistency regarding the
intended state regulations relating to fair patient access to medical marijuana.
Mayor Pro Tem Ohlson requested assurances that these provisions do not go beyond honoring the
voters’ wishes to ban the businesses and interfere with state constitutional provisions.
City Attorney Roy replied these regulations will apply limitations to cultivation sites within
residential dwelling units, which will be the only locations in which medical marijuana can be
cultivated. There will be no other zone districts with the City which allow for cultivation. Council
has the ability to allow cultivation in additional zone districts.
Councilmember Manvel requested clarification regarding multi-family dwellings. City Attorney
Roy replied it would be helpful for staff to receive input from Council regarding multi-family
dwelling units prior to Second Reading.
Mayor Pro Tem Ohlson asked for staff’s recommendation on that issue. Sawyer replied staff’s
original recommendation was to not allow cultivation in multi-family units, which was primarily
based on mitigating impacts to neighbors with shared walls or ventilation systems.
City Attorney Roy stated staff could bring forth options and a recommendation on Second Reading.
Councilmember Troxell stated the medical community should weigh in regarding the demand for
medical marijuana.
Councilmember Troxell made a motion, seconded by Councilmember Horak, to adopt Ordinance
No. 009, 2012, on First Reading. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell.
Nays: none.
THE MOTION CARRIED.
Councilmember Troxell made a motion, seconded by Councilmember Horak, to adopt Ordinance
No. 010, 2012, on First Reading.
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February 7, 2012
Councilmember Manvel asked if the proper interpretation this Ordinance limits growing medical
marijuana to residences only. Peter Barnes, Zoning Supervisor, replied caregiver grows are only
referenced in residential zone districts. However, Council can direct staff to consider other zone
districts, though that would require a recommendation by the Planning and Zoning Board.
City Attorney Roy recommended the Second Reading of the Ordinance address the multi-family
issue and that additional time be allotted to address zoning changes both with the Planning and
Zoning Board and in a public outreach scenario.
Councilmember Manvel expressed concern that postponing zoning changes could have a detrimental
impact on current businesses which may want to continue operations as caregivers in existing
locations.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Troxell made a motion, seconded by Mayor Pro Tem Ohlson, to adopt Ordinance
No. 011, 2012, with options regarding multi-family dwellings to be included on Second Reading,
on First Reading.
Councilmember Horak expressed concern with the multi-family provision. City Attorney Roy
clarified there is currently no regulation limiting the number of medical marijuana plants that can
be cultivated in a dwelling unit within a multi-family dwelling. There is currently no zone district
that explicitly permits medical marijuana cultivation.
Barnes clarified the caregiver model is not currently defined as a commercial use. City Attorney
Roy stated, under state law, a caregiver may only recover the cost for the medical marijuana that is
grown for patients; therefore, it is not a commercial use, if commercial means for-profit.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Sawyer stated staff is not bringing forth any options for fee rebates given staff time in shutting down
the businesses.
(**Secretary’s note: The Council took a brief recess at this point in the meeting.)
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Ordinance No. 012, 2012,
Amending Section 2-606 of the City Code and
Setting the Salary of the Municipal Judge, Adopted on First Reading
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
City Council met in executive session on November 9, 2011, to conduct the performance review of
Municipal Judge Kathleen Lane. Ordinance No. 012, 2012, establishes the 2012 salary of the
Municipal Judge.
BACKGROUND/DISCUSSION
City Council is committed to compensating employees in a manner which is fair, competitive and
understandable. The goal as an employer is to attract and retain quality employees and to
recognize and reward quality performance. In order to accomplish this goal the City Council and
the Municipal Judge meet twice a year to discuss performance and set goals for the coming year.
In 2011, the total compensation paid to the Municipal Judge included the following:
2011 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS
Salary (0.8 FTE)
Medical Insurance
Dental Insurance
Life Insurance
Long Term Disability
ICMA (457)
ICMA (401)
$ 93,045
8,400
552
164
339
2,791
9,305
Vacation (30 days per year)
Holidays (11 days per year)
Total Monetary Compensation $ 114,596
Resolution 2006-124, which establishes the process for evaluating the performance of the City
Manager, City Attorney, and Municipal Judge, states that any change in compensation for the City
Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in
sufficient time for the change in compensation to take effect as of the first full pay period of the
ensuing year. The Ordinance will amend the City Code to reflect Judge Lane’s 2012 salary.”
Amy Sharkey, Compensation and Benefits Manager, discussed the City’s pay philosophy.
Eric Sutherland, 3520 Golden Currant, stated the City Attorney has given Council erroneous advice
regarding ex parte communication.
Mayor Weitkunat stated Council’s three direct employees are evaluated twice each year and the
most recent evaluations have been very favorable for all three employees. She detailed the services
provided by each of those employees and thanked them for their service.
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February 7, 2012
Sharkey stated Council does have the option to grant one-time performance awards to each of the
employees at this time.
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 012, 2012, on First Reading, giving the Municipal Judge a base salary of $95,436, one-time
performance award of $1,125 and total compensation of $118,764 for 2012. Yeas: Weitkunat,
Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 013, 2012,
Amending Section 2-581 of the City Code and
Setting the Salary of the City Attorney, Adopted on First Reading
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
City Council met in Executive Session on January 17, 2012 to conduct the performance review of
City Attorney Steve Roy. Ordinance No. 013, 2012, establishes the 2012 salary of the City Attorney.
BACKGROUND / DISCUSSION
City Council is committed to compensating employees in a manner which is fair, competitive and
understandable. The goal as an employer is to attract and retain quality employees and to
recognize and reward quality performance.
In order to accomplish this goal the City Council and the City Attorney meet twice a year to discuss
performance and set goals for the coming year.
In 2011, the total compensation paid to the City Attorney included the following:
2011 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS
Salary
Medical Insurance
Dental Insurance
Life Insurance
Long Term Disability
ICMA (457)
ICMA (401)
$ 161,650
8,400
552
282
590
4,850
16,165
Vacation (32.5 days per year)
Holidays (11 days per year)
Total Monetary Compensation $ 192,489
Resolution 2006-124, which establishes the process for evaluating the performance of the City
Manager, City Attorney, and Municipal Judge, states that any change in compensation for the City
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February 7, 2012
Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in
sufficient time for the change in compensation to take effect as of the first full pay period of the
ensuing year. The Ordinance will amend the City Code to reflect City Attorney Roy’s 2012 salary.”
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 013, 2012, on First Reading, giving the City Attorney a base salary of $165,691, a one-time
performance award of $1,125 and total compensation of $198,569 for 2012. Yeas: Weitkunat,
Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 014, 2012,
Amending Section 2-596 of the City Code and
Setting the Salary of the City Manager, Adopted on First Reading
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
City Council met in executive session on November 9, 2011, to conduct the performance review of
City Manager Darin Atteberry. Ordinance No. 014, 2012, establishes the salary of the City
Manager.
BACKGROUND / DISCUSSION
City Council is committed to compensating employees in a manner which is fair, competitive and
understandable. The goal as an employer is to attract and retain quality employees and to
recognize and reward quality performance.
In order to accomplish this goal the City Council and the City Manager meet twice a year to discuss
performance and set goals for the coming year.
In 2011, the total compensation paid to the City Manager included the following:
2011 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS
Salary
Medical Insurance
Dental Insurance
Life Insurance
Long Term Disability
ICMA (457)
ICMA (401)
Car Allowance
$ 190,571
8,400
552
332
696
5,717
19,057
9,000
Vacation (30 days per year)
Holidays (11 days per year)
Total Monetary Compensation $ 234,325
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February 7, 2012
Resolution 2006-124, which establishes the process for evaluating the performance of the City
Manager, City Attorney, and Municipal Judge states that any change in compensation for the City
Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in
sufficient time for the change in compensation to take effect as of the first full pay period of the
ensuing year. The Ordinance will amend the City Code to reflect City Manager Darin Atteberry’s
2012 salary.”
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 014, 2012, on First Reading, awarding the City Manager a base salary of $197,203, a one-time
performance award of $1,125 and total compensation of $243,365 for 2012. Yeas: Weitkunat,
Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Other Business
Ethics Complaint filed by David Bell Against
Gino Campana, Planning and Zoning Boardmember,
Complaint Referred to the Ethics Review Board
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
On January 13, 2012, Mr. David Bell filed a written complaint with the City questioning the
propriety of Gino Campana’s participation as a member of the Planning and Zoning Board in
discussions pertaining to a proposed Land Use Code change regarding buffer zones along rivers.
Mr. Bell alleges that Mr. Campana should have recused himself since he is a land developer, and
was negotiating the purchase of land for a development along the Poudre River.
Section 2-569(d)(1) provides that:
(d) Complaints and inquiries shall be submitted to the Review Board only according to the
following procedures:
(1) Complaints.
a. Any person who believes that a Councilmember or board and commission
member has violated any provision of state law or the Charter or Code
pertaining to ethical conduct may file a complaint with the Mayor, who shall
immediately notify the chairperson of the Review Board. The complaint shall be
placed on the agenda for the next special or regular City Council meeting for
review and possible action by the City Council.
b. Upon receipt of any such complaint, the City Council shall decide by majority
vote whether to submit the complaint to the Review Board for an advisory
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February 7, 2012
opinion as to whether the violation alleged in the complaint has occurred and,
if so, the action, if any, that should be taken with regard to such violation. In the
event that such complaint is not submitted to the Review Board, the City Council
may decide what, if any, other action pertaining to the same is appropriate.
. . .
The Council’s decision as to whether to refer the complaint to the Ethics Review Board must be
made by a majority vote, but does not require a resolution and may be decided by motion. If the
Council decides to refer the matter to the Ethics Review Board, then the Board will convene at a
later date and conduct its review and investigation in accordance with Section 2-569. If the Council
decides not to submit the matter to the Ethics Review Board, it still may (but is not required to)
decide what, if any, other action pertaining to the complaint is appropriate. For example, the
Council could:
• take no action;
• direct the Council liaison to the Planning and Zoning Board to discuss the issue with the
Planning and Zoning Board;
• send a letter from the Council to the Planning and Zoning Board reminding its members to
confer with the City Attorney’s Office regarding any potential conflicts of interest;
• request the City Attorney’s Office to conduct a workshop with the Board to discuss the
conflict of interest provisions applicable to Board members; or
• take any other action that the Council thinks is appropriate.”
Mayor Weitkunat stated on January 13, 2012, David Bell filed a complaint against Planning and
Zoning Board member Gino Campana, alleging that Mr. Campana should not have participated in
the Board’s discussion of a particular proposed amendment to the Land Use Code. Section 2-569
of the City Code provides that upon receipt of any such complaint, the City Council shall decide by
majority vote whether to submit the complaint to the Ethics Review Board of the Council for an
advisory opinion as to whether the violation alleged in the complaint has occurred, and if so, the
action if any should be taken with regard to such violation.
Nick Haws, 2221 Sandbur Drive, questioned the underlying motives and integrity of the complaint.
Joshua Takahashi, Fort Collins resident, questioned the timing of the complaint and opposed the
conflict of interest complaint.
David Bell, Complainant, stated the complaint was filed as he believed the issue should be further
investigated.
Mayor Weitkunat asked if there is a statute of limitations regarding complaints. City Attorney Roy
replied in the negative and stated the timeliness of the complaint should not precluded Council’s
consideration of the complaint.
Councilmember Horak made a motion, seconded by Mayor Pro Tem Ohlson, to submit Mr. Bell’s
complaint to the Ethics Review Board for an advisory opinion.
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February 7, 2012
Councilmember Horak stated the Ethics Review Board was created specifically to allow a due
process for citizen complaints.
Councilmember Troxell expressed concern regarding potential preconceived opinions held by the
Ethics Review Board members, citing comments made by two of the members at a previous Council
meeting.
Councilmember Horak disagreed, noting the recommendation will come before Council for a final
determination.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Executive Session Authorized
Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Manvel, to adjourn into
Executive Session to confer with the City Attorney and other affected members of City staff, as
permitted under City Code Section 2-31(a)(2), regarding legal issues related to the reconstruction
of the interchange at I-25 and State Highway 392. Yeas: Weitkunat, Manvel, Ohlson, Poppaw,
Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 9:50 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
258
DATE: March 6, 2012
STAFF: Ward Stanford
Joe Olson
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 7
SUBJECT
Second Reading of Ordinance No. 015, 2012, Appropriating Unanticipated Grant Revenue in the Transportation
Services Fund for the Acquisition of New Traffic Signal System Software.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 21, 2012, appropriates a $248,000 Federal
Congestion Mitigation Air Quality grant awarded to the City’s Traffic Operations Department to procure and install new
traffic signal system software to replace existing software in the City’s Traffic Operations Center and in traffic signal
controllers at intersections throughout the City. The current software is aging and the vendor has discontinued support.
Updating the system software provides the ability to utilize new technologies that were not available previously. The
installation process will be done in phases and the old software will be retired, once full conversion is completed.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - February 21, 2012
(w/o attachments)
COPY
COPY
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ATTACHMENT 1
DATE: February 21, 2012
STAFF: Ward Stanford
Joe Olson
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 12
SUBJECT
Items Relating to the City’s Traffic Signal System Software.
A. Resolution 2012-007 Authorizing the Execution of an Intergovernmental Agreement Between the City and the
Colorado Department of Transportation to Use Federal Congestion Mitigation Air Quality Funds for the
Purpose of Procuring New Traffic Signal System Software.
B. First Reading of Ordinance No. 015, 2012, Appropriating Unanticipated Grant Revenue in the Transportation
Services Fund for the Acquisition of New Traffic Signal System Software.
EXECUTIVE SUMMARY
The City’s Traffic Operations Department has been awarded a $248,000 Federal Congestion Mitigation Air Quality
(CMAQ) grant to procure and install new traffic signal system software to replace existing software in the City’s Traffic
Operations Center and in traffic signal controllers at intersections throughout the City. The current software is aging
and the vendor has discontinued support. Updating the system software provides the ability to utilize new technologies
that were not available previously. The installation process will be done in phases and the old software will be retired,
once full conversion is completed.
BACKGROUND / DISCUSSION
The City currently utilizes traffic signal system software developed in the late 1990s and early 2000s. The current
system began initial operation in 2003, with full implementation by 2005. Over time, operational issues have surfaced
that interfere with the system’s effectiveness. Specifically, there are issues in maintaining signal coordination;
uploading and downloading timing data, logging events, implementing holiday plans; and transitioning in/out of
preemption. In addition, important features such as signal monitoring, vehicle detector monitoring, and data archiving
are limited. The current system vendor has announced that it has developed new proprietary software and that no
additional upgrades are planned for the software operated by the City. Without software upgrades targeted at those
significant issues, the current system does not have a path forward.
Traffic management software has progressed technologically in many significant ways. GIS based mapping, web
based interfaces, enhanced security, enhanced system status reporting, improved database management, improved
detector utilization, and enhanced notification of system malfunctions are all available in modern systems.
The Traffic Operations Department is proposing to replace the current software with modern signal system software
to improve signal operations and provide modern tools and technology to continue the City’s traffic management
efforts. The project is for software only. No hardware changes (other than possible minor changes necessary for
software compatibility) are planned for this project.
FINANCIAL / ECONOMIC IMPACTS
The City has been awarded a $248,000 Federal Congestion Mitigation Air Quality (CMAQ) grant to procure and install
new traffic signal system software. The project is estimated to cost $400,000 with the funding coming from a Federal
CMAQ grant and City Local Overmatch funds. The Overmatch funds are available in the current Traffic Operations
equipment replacement budget.
Federal Funds: $248,000
City funds: $152,000
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February 21, 2012 -2- ITEM 12
ENVIRONMENTAL IMPACTS
The purpose of the software upgrade is to enhance signal operational capabilities intended to ensure safe and efficient
travel. More efficient travel results in reduced emissions and reduced fuel consumption.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and of the Ordinance on First Reading.
ORDINANCE NO. 015, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE TRANSPORTATION
SERVICES FUND FOR THE ACQUISITION OF NEW TRAFFIC SIGNAL SYSTEM
SOFTWARE
WHEREAS, the City has been awarded a Federal Congestion Mitigation Air Quality
(“CMAQ”) grant in the amount of $248,000 (the “Grant”); and
WHEREAS, the Grant is for the acquisition and installation of new software for the City’s
traffic signal system; and
WHEREAS, the current software is becoming obsolete because of operational issues, limited
features, and the discontinued support of the software by the vendor; and
WHEREAS, the total estimated cost to procure and install the new software is $400,000
which can be funded by the Grant and local matching funds consisting of appropriations in the
Transportation Services Fund for traffic operations; and
WHEREAS, the City Council has adopted Resolution 2012-007 authorizing the City to enter
into a contract with the Colorado Department of Transportation to obtain and use CMAQ funds to
procure the new software; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the total
amount of such supplemental appropriations, in combination with all previous appropriations for
that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year; and
WHEREAS, City staff have determined that the appropriation of the Grant revenue as
described herein will not cause the total amount appropriated in the Transportation Services Fund
to exceed the current estimate of actual and anticipated revenues during fiscal year 2012.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in the
Transportation Services Fund the sum of TWO HUNDRED FORTY-EIGHT THOUSAND
DOLLARS ($248,000) for the acquisition of new traffic signal system software.
Introduced, considered favorably on first reading, and ordered published this 21st day of
February, A.D. 2012, and to be presented for final passage on the 6th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 6th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
DATE: March 6, 2012
STAFF: Kyle Lambrecht
Rick Richter
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 8
SUBJECT
Second Reading of Ordinance No. 016, 2012, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund
and Appropriating Prior Year Reserves and Authorizing the Transfer of Existing Appropriations in the Keep Fort Collins
Great Fund for the North College Improvements Project - Conifer Street to Willox Lane.
EXECUTIVE SUMMARY
The North Front Range Metropolitan Planning Organization has awarded the City of Fort Collins $2,039,000 in federal
funds to design improvements, and begin rights-of-way acquisition along North College Avenue between Conifer Street
and Willox Lane. This Ordinance, unanimously adopted on First Reading on February 21, 2012, appropriates fiscal
year 2012 federal funds into the Capital Project Fund for use on the North College Improvements Project – Conifer
to Willox. Keep Fort Collins Great funds are intended to be used as the local funds required for the project as per the
intergovernmental agreement with CDOT. This project is one of the highest ranked roadway projects in the City’s
Capital Improvements Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - February 21, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: February 21, 2012
STAFF: Kyle Lambrecht
Rick Richter
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 13
SUBJECT
Items Relating to the North College Improvements Project - Conifer Street to Willox Lane.
A. Resolution 2012-008 Authorizing the Execution of an Intergovernmental Agreement with the Colorado
Department of Transportation for Funding for the North College Improvements Project - Conifer Street to
Willox Lane.
B. First Reading of Ordinance No. 016, 2012, Appropriating Unanticipated Grant Revenue in the Capital Projects
Fund and Appropriating Prior Year Reserves and Authorizing the Transfer of Existing Appropriations in the
Keep Fort Collins Great Fund for the North College Improvements Project - Conifer Street to Willox Lane.
EXECUTIVE SUMMARY
The North Front Range Metropolitan Planning Organization (NFRMPO) has awarded the City of Fort Collins
$2,039,000 in federal funds to design improvements, and begin rights-of-way acquisition along North College Avenue
between Conifer Street and Willox Lane. This Resolution authorizes the Mayor to sign an intergovernmental
agreement with the Colorado Department of Transportation (CDOT) authorizing the City of Fort Collins to receive this
funding. The Ordinance will appropriate fiscal year 2012 federal funds into the Capital Project Fund for use on the
North College Improvements Project – Conifer to Willox. Keep Fort Collins Great (KFCG) funds are intended to be
used as the local funds required for the project as per the intergovernmental agreement with CDOT. This project is
one of the highest ranked roadway projects in the City’s Capital Improvements Plan.
BACKGROUND / DISCUSSION
North College Avenue, also known as US Highway 287, is a major north-south, four lane arterial that runs through
north Fort Collins, providing both local and regional connectivity. Through previous planning efforts, City staff identified
the need to enhance the northern gateway to the city, improve multimodal travel while accommodating the large
volume of interstate truck traffic, and to address aging utility infrastructure and drainage issues. There was also a
desire to establish a strong connection between the growing North College corridor and the rest of the community, in
particular, the historic Old Town area as well as the locally and regionally significant Poudre River bicycle/pedestrian
trail.
The portion of North College Avenue north of Conifer Street to Willox Lane is typical of older state highway corridors;
it was constructed over many years in a fragmented approach aimed at accommodating development, minor roadway
improvements, and increased traffic flows. North College is, within this section, a four-lane highway with a striped
center left turn lane, has partially paved shoulders, sporadic curb and gutter, occasional drainage swales,
discontinuous sidewalks, no on-street bike lanes, and minimal defined accesses. Much of this section of North College
lacks defined business access points, creating a dangerous traveling environment, as well as impacting vehicular flow
for a defined truck route. In addition to high automobile and truck traffic volumes, many pedestrians and cyclists use
North College to access residential, employment, and commercial destinations.
Through previous improvement projects, much of the North College Corridor either has been constructed, or will be
constructed, to current City of Fort Collins street standards by the end of 2012. The section of North College from
Conifer Street to Willox Lane will be the only remaining section of North College within the city limits to be constructed
to complete the City’s vision for the corridor. In the summer of 2011, the NFRMPO awarded the City of Fort Collins
$2,039,000 in federal funds to design improvements and begin rights-of-way acquisition along North College Avenue
between Conifer Street and Willox Lane. The funding will be available over a four year period. Of the total federal
funds received for this project, $1,426,000 is currently available for use by the City. Per the intergovernmental
agreement, $326,481 is required from the City in 2012 as local match and over-match funds.
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February 21, 2012 -2- ITEM 13
Goals for the roadway and streetscape improvements along North College Avenue between Conifer Street and Willox
Lane include:
• Creating a safe and effective travel corridor for all users including bicycles, pedestrians, transit users,
passenger vehicles, and heavy vehicles.
• Defining access points as highlighted in the US 287/SH14 Access Management Report.
• Maintaining compatibility with utilities, including stormwater, water, sewer, power, and communications.
• Supporting the economic viability of the project area.
• Upgrading the image of the North College Corridor while minimizing impacts to existing infrastructure.
• Maintaining compatibility with the intent of previous local planning efforts.
All of the planned improvements along North College Avenue will be designed in accordance with previous planning
efforts: the Larimer County Urban Area Street Standards (LCUASS), the CDOT Standard Specifications for Road and
Bridge Construction, the US 287/SH14 Access Management Report, and the North College Corridor Plan.
FINANCIAL / ECONOMIC IMPACTS
Ordinance No. 016, 2012, will authorize the appropriation of fiscal year 2012 Federal Grant Funds into the City of Fort
Collins Capital Project Fund to begin the design and right-of-way acquisition phases for the North College
Improvements Project – Conifer to Willox. The following is a summary of the funding appropriation:
Funding Summary (FY 2012)
Total Federal Funds $1,426,000
Local Agency Matching Funds (2011 unspent KFCG Funds) $226,000
Local Agency Match and Overmatch Funds (2012 budgeted KFCG Funds) $100,481
Total Budgeted Funds $1,752,481
The North College Improvements Project – Conifer to Willox was awarded a total of $2,039,000 from the NFRMPO.
The following is an anticipated schedule summary of the federal funding awarded to the project:
FY 2012 FY 2013 FY 2014 FY 2015 TOTAL
Federal Funds $1,426,000 $174,000 $19,000 $420,000 $2,039,000
One of the primary goals of this project is to support the economic viability of the project area by upgrading the image
and safety of the North College Corridor, while minimizing impacts to existing infrastructure. This is consistent with
adopted long-term plans for the area, including the North College Corridor Plan (2007) and Fort Collins City Plan
(2011). The project will address these goals through the design and construction of multimodal improvements, urban
design features, the consolidation and definition of accesses, and other improvements which target and encourage
redevelopment. The awarded federal funds will enable design development as well as partial right-of-way acquisition.
At this time no funds have been identified for construction. With a completed design, the project will be in a position
to compete for potential construction funding. The completion of these improvements will provide an economic benefit
to the North College area as well as to the City of Fort Collins as a whole with increased property values and sales
tax collection.
ENVIRONMENTAL IMPACTS
The project will have a positive impact on long-term air and storm water quality. The addition of improved bicycle and
pedestrian facilities will increase the number of people walking and biking along North College Avenue, resulting in
a clearly definable air quality improvement. The utility upgrades in this project include improvements to the stormwater
distribution system. Stormwater will ultimately be piped to water quality ponds where suspended solids and
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February 21, 2012 -3- ITEM 13
hydrocarbon contaminants from roadway drainage will be removed prior to discharge into receiving waters.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
The Transportation Board will receive updates as the project progresses.
PUBLIC OUTREACH
The North Front Range Metropolitan Planning Organization has received a project overview presentation resulting in
awarding federal funds to the project.
The project team plans significant public outreach throughout the project, including public open houses, individual
meetings with property owners, regular updates to the North Fort Collins Business Association, and project updates
to be posted on the project’s website, http://www.fcgov.com/engineering/ncollege.php.
ATTACHMENTS
1. Location Map
ORDINANCE NO. 016, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE CAPITAL
PROJECTS FUND AND APPROPRIATING PRIOR YEAR RESERVES AND
AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS
IN THE KEEP FORT COLLINS GREAT FUND FOR THE NORTH COLLEGE
IMPROVEMENTS PROJECT- CONIFER STREET TO WILLOX LANE
WHEREAS, as a result of previous capital improvement projects, much of North College
Avenue has been reconstructed or will be reconstructed to current City street standards by the end
of 2012; and
WHEREAS, the section of North College Avenue from Conifer Street to Willox Lane is the
remaining section of North College Avenue, within the City limits, that does not meet current City
street standards; and
WHEREAS, this portion of North College Avenue is a four-lane highway with a striped
center left turn lane, partially paved shoulders, sporadic curb and gutter, occasional drainage swales,
discontinuous sidewalks, no bike lanes, and undefined access to local business; and
WHEREAS, the North Front Range Metropolitan Planning Organization awarded the City
$2,039,000 in federal funds through the Colorado Department of Transportation (“CDOT”) to be
received over four years to design improvements and begin right-of-way acquisition for the North
College Improvements Project - Conifer Street to Willox Lane (the “Project”); and
WHEREAS, the City Council has adopted Resolution 2012-008 authorizing the City to enter
into a contract with CDOT for the Project; and
WHEREAS, $1,426,000 of the funds will be available for the Project in fiscal year 2012 and
the City will need to provide local matching funds in the amount of $326,481 for the Project; and
WHEREAS, $226,000 in matching funds is available in reserves in the Keep Fort Collins
Great Fund and an additional $100,481 is available for transfer to the Project from existing
appropriations in such fund for transportation capital needs; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the total
amount of such supplemental appropriations, in combination with all previous appropriations for
that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the revenue as described
herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current
estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate
by ordinance at any time during the fiscal year such funds for expenditure as may be available from
reserves accumulated in prior years, notwithstanding that such reserves were not previously
appropriated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That there is hereby appropriated from unanticipated federal grant revenue
in the Capital Projects Fund the sum of ONE MILLION FOUR HUNDRED TWENTY-SIX
THOUSAND DOLLARS ($1,426,000) for expenditure on the Project.
Section 2. That there is hereby appropriated for expenditure from prior year reserves in
the Keep Fort Collins Great Fund the sum of TWO HUNDRED TWENTY-SIX THOUSAND
DOLLARS ($226,000) for expenditure on the Project.
Section 3. That the unexpended appropriated amount of ONE HUNDRED THOUSAND
FOUR HUNDRED EIGHTY-ONE DOLLARS ($100,481) is authorized for transfer from the Keep
Fort Collins Great Fund operating budget to the Project.
Introduced, considered favorably on first reading, and ordered published this 21st day of
February, A.D. 2012, and to be presented for final passage on the 6th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 6th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
DATE: March 6, 2012
STAFF: Jin Wang
Rick Richter
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 9
SUBJECT
Second Reading of Ordinance No. 017, 2012, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund
for the City Bridge Program Project.
EXECUTIVE SUMMARY
The City has been awarded a grant in the amount of $552,000 in federal funds from the Colorado Off-System Bridge
Program. This Ordinance, unanimously adopted on First Reading on February 21, 2012, appropriates funds for the
replacement of the structurally deficient Bryan Avenue Bridge over the Larimer County Canal No. 2, located just north
of Poudre Fire Authority Fire (PFA) Station 2 by City Park.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - February 21, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: February 21, 2012
STAFF: Jin Wang
Rick Richter
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 14
SUBJECT
Items Relating to the Bryan Bridge Replacement Project.
A. Resolution 2012-009 Authorizing the Execution of an Intergovernmental Agreement Between the City and the
Colorado Department of Transportation in Support of the Bryan Avenue Bridge Replacement Project.
B. First Reading of Ordinance No. 017, 2012, Appropriating Unanticipated Grant Revenue in the Capital Projects
Fund for the City Bridge Program Project.
EXECUTIVE SUMMARY
The City has been awarded a grant in the amount of $552,000 in federal funds from the Colorado Off-System Bridge
Program. This intergovernmental agreement between the City and Colorado Department of Transportation (CDOT)
is for the replacement of the structurally deficient Bryan Avenue Bridge over the Larimer County Canal No. 2, located
just north of Poudre Fire Authority Fire (PFA) Station 2 by City Park.
BACKGROUND / DISCUSSION
Bridges are an important element of the roadway network. An inadequate bridge can cause various capacity and
safety problems on roadways. A road will not be able to function if it is disconnected because of a bridge that has
failed. Based on federal bridge inspection standards, the Bryan Avenue Bridge is identified as structurally deficient
and is vehicle weight restricted. This means that the bridge is in advanced stages of deterioration and does not have
the desired load carrying capacity. Replacing this bridge will eliminate unsafe conditions that could potentially result
in property damage and loss of life.
This load posted, structurally deficient bridge, is located 500 feet north of the PFA Station 2, or 900 feet north of
Mulberry Street, along Bryan Avenue (Attachment 1). For any emergency call located north of the station, the
responding vehicles have to detour south to Mulberry Street and around the lake, to avoid driving across the load
posted bridge. The detour length is 3,600 feet compared to 500 feet going across the bridge to the same location.
Replacing this bridge will make a huge difference in the response time to any emergency north of the fire station.
The Bryan Avenue Bridge plays an important role to its surrounding area. This bridge is located by City Park, where
many social activities take place. The public generally accesses City Park, City Park Pool, City Park Nine golf course,
kids’ train depot and the park picnic shelter by going over the Bryan Avenue Bridge. This bridge is failing and will
continue to deteriorate. By replacing the failing Bryan Avenue Bridge, the City can continue to provide the necessary
access and level of service.
A Request For Proposal (RFP) for the design of a replacement bridge is currently underway, with construction
scheduled for Fall 2013.
FINANCIAL / ECONOMIC IMPACTS
The City was awarded a grant from federally funded Colorado Off-System Bridge Program for $522,000 to replace the
Bryan Avenue Bridge by City Park. The twenty percent local matching fund needed for the grant will come from the
City Bridge Program. The additional local overmatch will be funded with 2012 Keep Fort Collins Great (KFCG) funds
(2012 BFO Offer 146.15).
The estimated total cost of the Bryan Avenue Bridge Replacement Project is $1,040,000, which is to be funded as
follows:
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February 21, 2012 -2- ITEM 14
Federal Funds $ 552,000
Local Agency Matching Funds (City Bridge Program) $ 138,000
Local Agency Overmatch Funds (KFCG Fund) $ 350,000
Total Project Funds $1,040,000
This bridge is classified as structurally deficient. It is failing and needs to be replaced. If allowed to fail, an emergency
bridge replacement can cost up to fifty percent more than a planned bridge replacement. The proactive completion
of bridge replacement will provide continued accessibility to businesses, parks and residences.
ENVIRONMENTAL IMPACTS
The project will have a positive impact on long term air quality. Vehicles that are currently restricted by the bridge
weight limit posted will be able to drive over the replacement bridge, instead of using a longer alternative route, thus
reducing greenhouse gas emission.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
A Request For Proposal (RFP) for the design of a replacement bridge is currently underway. The Transportation Board
will receive updates as the project progresses.
PUBLIC OUTREACH
The Project Team plans significant public outreach throughout the project, including public open houses and meetings
with different City departments and PFA. The team will also be working with utility companies that have services over
or under the existing bridge. Public outreach will be intensified prior to, and during, construction of the replacement
bridge.
ATTACHMENTS
1. Project Area Map
ORDINANCE NO. 017, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN
THE CAPITAL PROJECTS FUND FOR THE CITY BRIDGE PROGRAM PROJECT
WHEREAS, the City has been awarded a grant from the Colorado Department of
Transportation’s Off-System Bridge Program for $552,000 (the “Grant”); and
WHEREAS, the Grant is for the replacement of the Bryan Avenue Bridge (the “Bridge”)
over Larimer Canal No. 2, which bridge is located just north of the Poudre Fire Authority fire station
by City Park; and
WHEREAS, based on federal bridge inspection standards, the Bridge has been identified as
structurally deficient because it does not have the desired load carrying capacity; and
WHEREAS, the total estimated cost of the Bryan Avenue Bridge Replacement is $1,040,000,
which will be funded by the Grant, the existing appropriation of $138,000 in the Capital Projects
Fund - City Bridge Program which will meet the required local match for the Grant, and by the
existing appropriation of $350,000 in the Keep Fort Collins Great Fund - City Bridge Program
Project; and
WHEREAS, the City Council has adopted Resolution 2012-009 authorizing the City to enter
into a contract with the Colorado Department of Transportation for the construction of the Bryan
Avenue Bridge Replacement; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the total
amount of such supplemental appropriations, in combination with all previous appropriations for
that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year; and
WHEREAS, City staff have determined that the appropriation of the Grant revenue
described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed
the current estimate of actual and anticipated revenues during fiscal year 2012.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated from unanticipated revenue in the Capital Projects Fund
the sum of FIVE HUNDRED FIFTY-TWO THOUSAND DOLLARS ($552,000) for expenditure
in the Capital Projects Fund for the City Bridge Program Project.
Introduced, considered favorably on first reading, and ordered published this 21st day of
February, A.D. 2012, and to be presented for final passage on the 6th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 6th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
DATE: March 6, 2012
STAFF: Susan Smolnik
Beth Molenaar
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 10
SUBJECT
First Reading of Ordinance No. 018, 2012, Establishing Rental Rates and Delivery Charges for the City’s Raw Water
for the 2012 Irrigation Season.
EXECUTIVE SUMMARY
This Ordinance approves rates for the rental and delivery of the City’s raw water supplies. The Water Utility uses these
rates to assess charges for agricultural use, for various contractual raw water obligations and for raw water deliveries
to other City departments. The proposed rate for each type of water is based on several factors including market
conditions and assessments charged by irrigation companies.
BACKGROUND / DISCUSSION
The City is a shareholder in several local irrigation companies. Most years there is water in excess of that needed to
meet City uses. To the extent there is surplus raw water, it can be rented to others for their use. Each year prior to
the irrigation season and after the irrigation companies have established their annual assessments for water shares,
the City Council approves rental rates and delivery charges for the use of the City’s raw water. Staff uses these annual
raw water rates and delivery charges for the purpose of charging for various uses of Utilities’ raw water. These uses
include rental to agricultural users, meeting certain raw water delivery obligations, and uses by other City departments.
The attached tables show the assessment rates as set by the irrigation companies and the raw water rates charged
by the City for 2009 through 2011 as well as proposed rates for 2012.
Currently, the snowpack is near average in the Poudre Basin this winter. However, last year’s abundant snowpack
provided steady streamflows that allowed storage reservoirs to fill. In addition, Utilities carried over water from the
2011 water year for use in 2012. To ensure that adequate supplies are maintained, staff will continue to closely
monitor Utilities water supplies when making surplus raw water available for rental. The first priority will be to insure
that adequate supplies will be carried over into 2013. In 2011, Utilities rented approximately 15,500 acre-feet of
surplus water for just under $500,000.
Staff is proposing two categories for raw water rates and delivery charges. The first category includes only those
sources for which an active rental market exists. The second category includes sources delivered under raw water
agreements and used to irrigate greenbelts and City facilities (parks, golf courses, etc.).
Staff is also proposing an option rate for the rental of collateral water by Windy Gap project participants. This rate
allows Colorado Big Thompson Project (CBT) water to be held in reserve for a participant in the event that it is needed.
Surplus Water Rental Market
Those systems with active water rental markets include the CBT, North Poudre Irrigation Company (NPIC), and Water
Supply and Storage Company (WSSC). For these sources the proposed rates are based on expected rental market
conditions.
Fort Collins will likely have some CBT water available for rent this year. Staff recommends that agricultural rentals
of CBT water be made at a price of $30 per acre foot. This is the same price that was charged last year. Staff further
proposes that CBT water rented for municipal or industrial (M&I) purposes also remain at the same price of $49 per
acre foot in 2012. CBT water for municipal or industrial uses is typically rented at a higher rate than for agricultural
purposes reflecting the higher assessments charged to M&I water users.
Utilities also expects to have surplus NPIC water that can be made available for rent. Each share of North Poudre
Irrigation Company has an “agricultural” component and a “multiple use” component. Due to legal constraints, the “ag”
component can only be used for agricultural purposes on land served by the NPIC system and is rented to
March 6, 2012 -2- ITEM 10
shareholders under the system. The multiple use portion of each NPIC share is available for Utilities' use and is largely
comprised of NPIC-owned CBT water. When users under the NPIC system rent either “ag” or “multiple use” water,
it is run through the North Poudre system in the same way. Therefore, it is proposed that both the “ag” water and
excess "multiple use" water be rented at $30 per acre foot. This is the same price as last year. In some years there
is a special class of NPIC water available for agricultural users for a very limited time early in the irrigation season.
If this “early ag” water is available in 2012, staff proposes a rental rate of $12 per acre foot to reflect its very limited
use.
The decreed use of Utilities-owned Water Supply and Storage Company shares remains agricultural at this time and
is rented to shareholders under that system. This has historically been a very active rental market and the rental price
of WSSC water is expected to be about $3,300 per share this year. In addition, it is anticipated that WSSC’s reusable
return flow rental program will generate revenues of approximately $1,400 per share.
Utilities occasionally has rental demand for reusable sources to satisfy state requirements for substitute supply and
augmentation plans. Utilities’ primary reusable sources are Joe Wright Reservoir water and reusable effluent from
Utilities’ water reclamation facilities. It is proposed that the rental price for these sources be $500 per acre-foot in
2012.
Raw Water Delivery Charges
This category covers sources that are used primarily on City facilities, such as parks and golf courses, or by other
entities that have turned over raw water or otherwise met Utilities’ raw water requirements. These other non-City
entities with raw water agreements are mostly HOAs and the Poudre School District. Sources in this category include
the Pleasant Valley and Lake Canal Company (PV&L) shares and other “Southside Ditches” shares. It is proposed
that the charges be set at a rate that is 10% above the assessments charged by the various irrigation companies. This
is to help offset Utilities’ administrative costs. For example, the assessment rate for PV&L water has been set at $175
per share. Based on this method, the raw water delivery charges would be set at $175 x 1.1 (110%) = $192.50 per
share.
Utilities has delivery obligations for reusable water where Utilities’ raw water requirement has been met. In this
situation it is proposed that a fee of $100 per acre-foot be charged to help offset operation and administrative costs.
Option Rate
This year, staff is proposing an option rate of $3 per acre-foot to hold CBT water in reserve for use by Windy Gap
participants. Windy Gap participants use the CBT system to deliver their Windy Gap water across the continental
divide. Last year, all of the Windy Gap water that was previously pumped into the CBT system spilled due to the
plentiful snow pack and the resulting high flows. This year, the Windy Gap system may not pump any water. In the
event this happens, participants will need to rent CBT water. By paying the option rate, a participant can have Utilities-
owned CBT water held in reserve until it can be determined whether the Windy Gap system will pump sufficient
supplies. If the system does not pump enough Windy Gap water then option-paying participants will have the right
to rent CBT water at the Council-set water rental price. If the Windy Gap system does pump sufficient supplies then
these participants will not need to rent additional CBT water and Utilities can rent this water to other water users.
Natural Areas- Owned Water
The City’s Natural Areas Program owns some shares in the Boxelder irrigation system. Occasionally Natural Areas
desires to rent these shares to other water users in this system. In the event that Natural Areas chooses to rent these
shares in 2012, the rental price proposed is the same as the share assessment due to the very limited market for these
shares. This Ordinance authorizes Utilities Executive Director to carry out the rental of these shares at the request
of Natural Areas at that rate.
FINANCIAL / ECONOMIC IMPACTS
The revenue from the City’s rental and delivery of raw water is expected to be approximately $500,000 for 2012. The
revenues generated by the rentals helps to off-set costs incurred by the City.
March 6, 2012 -3- ITEM 10
ENVIRONMENTAL IMPACTS
The City’s raw water rental program assists farmers in Northern Colorado and indirectly supports an open space
agricultural landscape.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
At its February 16, 2012 meeting, the Water Board discussed the proposed rates and charges and unanimously voted
to recommend adoption of the proposed rates and charges.
ATTACHMENTS
1. Proposed rental rates for 2012
2, Water assessment rates as set by the irrigation companies
3. Raw water rental rates and delivery set by the City from 2009 through 2011 and proposed 2012 rates and
charges
4. Water Board minutes, February 16, 2012
ATTACHMENT 1
Table 1
Proposed 2012 Rental Rates and Delivery Charges
Type of Water Proposed 2012 Rental Rates/Charges
Surplus Rental Rates
NCWCD Water (CBT) - Ag $ 30.00 /ac-ft
NCWCD Water (CBT) – M&I $ 49.00 /ac-ft
North Poudre Irrigation Co. – Early Ag Use $ 12.00 /ac-ft
North Poudre Irrigation Co. - Ag Use $ 30.00 /ac-ft
North Poudre Irrigation Co. – Multiple Use $ 30.00 /ac-ft
Water Supply and Storage Co. $ 3300.00 /share
Reusable Sources $ 500.00/ ac-ft
Raw Water Delivery Charges
NCWCD Water (CBT) – Ag $ 30.00 /share
Arthur Irrigation Co. $ 27.50 /share
Larimer County Canal No. 2 $ 550.00 /share
New Mercer Ditch Co. $ 990.00 /share
Pleasant Valley & Lake Canal Co. $ 192.50 /share
Warren Lake Reservoir Co. $ 330.00 /share
Sherwood Res. Co. $ 8.80 /share
Sherwood Irrigation Co. $ 660.00 /share
Reusable Sources $ 100.00 /ac-ft
Natural Area Program Rental Rates
Box Elder Irrigation Company $ 700.00 /share
Option Rates
Option for Collateral Water $ 3.00 /ac-ft
Notes:
(1) Rental rates may be adjusted to reflect the remaining yield or the prevalent market price of the
water stock being rented.
(2) Charges for those who have satisfied the City’s raw water requirements are set at approximately
110% of the assessments charged by that company.
ATTACHMENT 2
Table 2
Water Assessments
Source 2009 2010 2011 2012
CBT (NCWCD, $/unit) 24.32 25.06 25.06 25.50
North Poudre Irrigation Co. ($/sh) 100.00 100.00 110.00 110.00
Water Supply & Storage Co. ($/sh) 2,300.00 2,500.00 2,500.00 2,700.00
Arthur Irrigation Co. ($/sh) 14.00 14.00 17.00 25.00
Larimer County Canal #2 ($/sh) 450.00 350.00 500.00 500.00
New Mercer ($/sh) 475.00 600.00 900.00 900.00
Pleasant Valley & Lake Canal ($/sh) 175.00 175.00 175.00 175.00
Warren Lake ($/sh) 300.00 300.00 300.00 300.00
Sherwood Reservoir ($/sh) 7.00 7.00 8.00 8.00
Sherwood Irrigation ($/sh) 600.00 600.00 600.00 600.00
Reusable Sources ($/ac-ft) n/a n/a n/a n/a
ATTACHMENT 3
Table 3
Water Rental Rates/Charges
Source 2009 2010 2011 2012
Surplus Water Rental Rates
CBT Agriculture ($/ac-ft) 35.00 35.00 30.00 30.00
CBT Municipal/Industrial ($/ac-ft) 54.00 54.00 49.00 49.00
NPIC Early Ag ($/ac-ft) 14.00 14.00 12.00 12.00
NPIC Agriculture ($/ac-ft) 35.00 35.00 30.00 30.00
NPIC Multiple Use ($/ac-ft) 35.00 35.00 30.00 30.00
Water Supply & Storage Co. ($/sh) 3,200.00 3,200.00 3,200.00 3,300.00
Reusable Sources ($/ac-ft) 500.00 500.00 500.00 500.00
Raw Water Delivery Charges
CBT Agriculture ($/ac-ft) 35.00 35.00 30.00 30.00
Arthur Irrigation Co. ($/sh) 15.40 18.70 18.70 27.50
Larimer County Canal #2 ($/sh) 540.00 385.00 550.00 550.00
New Mercer ($/sh) 570.00 660.00 990.00 990.00
Pleasant Valley & Lake Canal ($/sh) 210.00 192.50 192.50 192.50
Warren Lake ($/sh) 380.00 330.00 330.00 330.00
Sherwood Reservoir ($/sh) 8.40 7.70 8.80 8.80
Sherwood Irrigation ($/sh) 720.00 660.00 660.00 660.00
Reusable Sources ($/ac-ft) 100.00 100.00 100.00 100.00
Option for Collateral Water ($/ac-ft)n/a n/a n/a $3.00
Notes:
(1) Rates may be adjusted to reflect the remaining yield or the prevalent market price of the
water stock being rented.
(2) Charges for those who have satisfied the City’s raw water requirements are set at
approximately 110% of the assessments charged by that company.
Excerpt from Unapproved Water Board Minutes, February 16, 2012
1
ATTACHMENT 4
Raw Water Rental Rates and Delivery Charges
(Attachments available upon request).
Water Resources Engineer Susan Smolnik presented information on this item and stated it is
presented to the Water Board every February. Ms. Smolnik provided additional information on
this item at the request of Vice Chairperson Balderson, who requested additional information for
the benefit of the new board members.
Overview
The presentation includes the following components: surplus water rental, the three active rental
markets, raw water sale and delivery agreements, and reusable water.
Surplus Water Rental
Surplus raw water is water that is in excess of the City’s needs for the current water year. This is
determined based on dry year demand. Sufficient supplies are factored in for carryover into the
following year, and most years the City has surplus water. The City rents water to offset costs, to
support the local agricultural economy, and to be a good basin neighbor.
Ms. Smolnik stated the City owns shares in the three agricultural (ag) companies, and there are
assessment costs that need to be paid on the share ownership each year. For 2008, the revenue
exceeded the assessment costs.
A board member asked for clarification on the word “assessment.” Ms. Smolnik stated the
assessment is a payment made to the ditch companies for maintenance purposes. Even though
the City’s water may not be delivered through the ditch, the City still has a responsibility as a
shareholder to pay for their share of the upkeep of the ditch.
Is this prorated per share? Yes.
Does this include Colorado Big Thompson (CBT) water? Yes.
Three Active Rental Markets
The three active rental markets are the Colorado-Big Thompson Project (CBT), the North Poudre
Irrigation Company (NPIC), and the Water Supply and Storage Company (WSSC).
Colorado-Big Thompson Project
CBT water is delivered from the Colorado-Big Thompson Project via Horsetooth Reservoir. The
water is delivered from the west slope to the east slope via a tunnel under Rocky Mountain
National Park. This water is available for municipal, agricultural, and industrial users without
going to water court, and can be used anywhere within the Northern Colorado Water
Conservancy District (NCWCD) boundaries. Ms. Smolnik presented a map detailing these
boundaries.
A board member asked for clarification on the term“district.” Does this include all of the South
Platte Basin? Ms. Smolnik stated the NCWCD district is different from the state system.
What is CBT Water?
Excerpt from Unapproved Water Board Minutes, February 16, 2012
2
CBT water is delivered from storage so it can be used at any time. The annual yield of each CBT
unit is typically between .5 to 1.0 acre-foot (depending on the quota set each April). The City of
Fort Collins owns 6 percent of the CBT units and rents CBT water by the acre-foot.
When the quota is set, is it set for both municipal and agricultural uses? Yes, it can be used both
ways.
North Poudre Irrigation Company
Ms. Smolnik presented a map detailing the boundaries for the NPIC. NPIC is a mutual irrigation
company. There are 10,000 shares and more than 600 shareholders. Approximately 70 percent of
the ownership is by municipalities and water districts (the City of Fort Collins owns 35 percent).
The remaining 30 percent is owned primarily by agricultural irrigators and others.
Types of NPIC Water
NPIC annually appropriates three types of water for each share. The three types of water are as
follows: early ag, seasonal ag, and multiple use. Ms. Smolnik presented a graph showing the
NPIC share allocation.
The multiple use water consists primarily of 4 units of CBT per share and can be used for a
variety of purposes by NPIC shareholders. Both ag components are currently decreed only for
irrigation within NPIC boundaries. Only the multiple use component is available for use by the
City at this time. The City rents NPIC water by the acre-foot.
Water Supply and Storage Company
Ms. Smolnik presented a map detailing the boundaries for the WSSC. WSSC is a mutual
irrigation company. There are 600 shares and more than half are owned by municipalities and
water districts. The City of Fort Collins owns 4 percent of the shares. The majority of these
shares are still rented to farmers. The remaining shares are owned primarily by agricultural
irrigators.
Fort Collins shares can only be used for agricultural purposes within the WSSC boundaries at
this time; however, a change of use case was filed in December 2011. This would allow the City
to use the shares for municipal purposes. Each share of WSSC provides approximately 50 to 100
acre feet of water for use during the irrigation season. The City rents WSSC water by the share.
Raw Water Sale and Delivery Agreements
Ms. Smolnik presented information on raw water sale and delivery agreements. The ditch shares
involved include the Pleasant Valley Lake and Canal Company and the Southside Ditches
(Larimer County Canal Number 2, New Mercer, Warren Lake, and Arthur). The City has grown
over the farmland served by these ditches. The ditches are also used to deliver raw water to City
parks, golf courses, school grounds, industrial parks, and Homeowner Associations (HOAs).
Utilities has perpetual agreements to serve these areas. The raw water sale and delivery rate is set
on a per share basis at 10 percent over assessment.
Ms. Smolnik explained the difference between the sale and delivery price and the rental price.
The rental prices for surplus water are based on the probability that the City will get the water.
The sale and delivery agreements are more permanent because of water rights to support them.
A board member questioned the use of the water. Can it only be used for ag purposes? Ms.
Smolnik stated the water is only used for ag purposes unless it was included in the change of use
case.
Excerpt from Unapproved Water Board Minutes, February 16, 2012
3
A board member asked for clarification on the difference between Utilities’ owned shares and
non Utilities’ owned shares. These are listed separately because other City departments such as
Natural Areas and Parks own some of the shares.
Reusable Water
This includes transbasin water such as Joe Wright Reservoir and Michigan Ditch. Transbasin
water originates in a different basin. Reusable water also includes a portion of Southside Ditch
water that has gone through a change of use case. This water is mostly rented to augment
evaporation from gravel pits and is rented by the acre-foot.
Proposed 2012 Rental Rates/Charges
Ms. Smolnik presented the proposed 2012 rental rates and charges as part of her presentation
handout. She stated that most of the rates have not changed from last year.
Board discussion:
Is there an advantage to the City to using NPIC water versus CBT water? Ms. Smolnik stated
there is a small advantage to using NPIC water. Water Resources Engineer Beth Molenaar stated
NCWCD charges a different assessment for agricultural users versus municipal users. It was
determined by the federal government that ag users can only afford to pay a certain amount for
their water. The municipal users subsidize the ag users. If water is leased into the City from
NPIC, they have to pay the ag rate, and the City has to pay the difference between what the ag
user is charged and what the municipal user is charged.
Why is the CBT municipal rental rate higher? Ms. Smolnik stated the rates are higher because
there is an incentive to rent to ag users. Ms. Molenaar stated this is water that stays in the NPIC
system.
How much revenue is expected from water rental for 2012? Ms. Smolnik stated this depends on
the year and the availability of water. The NCWCD recently introduced a new rental program to
control the levels in Horsetooth Reservoir so they can better manage the inflows. This creates
competition in the rental market.
A board member asked for clarification on the fact that the rental rates are the same as last year
when the snow pack is considerably different. Ms. Smolnik stated there were difficulties with
renting water last year due to heavy rainfall in May and June. $30 per acre-foot seems to be a
reasonable price for agricultural users to pay.
What is the competition for water rental? The water districts are the competition.
Are the rates flexible? Can the rates be changed based on rainfall? Ms. Smolnik stated there is
language stating that rates can be adjusted. Since the rates are set by Council each year, they are
typically not changed until September.
Vice Chairperson Balderson asked for clarification on the “Option for Collateral Water” from
the list of rates. Ms. Smolnik stated the Windy Gap water pumped into the CBT system spilled
out last year. Since no more water could be pumped into the system, Windy Gap users borrow
against the CBT water. Ms. Molenaar stated both Windy Gap and CBT water are stored in Lake
Granby. The option allows collateral CBT water to be set aside until Windy Gap water replaces
it by pumping. If Windy Gap does not pump, then the CBT water can be rented from the City.
Excerpt from Unapproved Water Board Minutes, February 16, 2012
4
A board member asked for clarification on the term “carryover.” Ms. Smolnik stated that
carryover is water that the City is allowed to keep in the CBT system for one year.
A board member noted that revenues have decreased over the last four years. How recently have
rental rates been changed? Ms. Smolnik stated rates were changed from $35 per acre-foot to $30
per acre-foot.
Has competition in the marketplace increased in the last ten years? Ms. Smolnik stated there has
been competition with NCWCD for the past two to three years. There has also been more runoff.
Do the revenues go towards the assessment costs? Utilities Executive Director Brian Janonis
stated that revenues offset the rates.
How much water has been available during the last three years? What is the proportion of rental
water? Ms. Molenaar stated that primarily CBT water has not been rented. The ag portion of
NPIC water has been rented. All of the WSSC shares have been rented.
Vote on the motion: It passed unanimously.
Board Member Bovee moved that the Water Board recommend that the proposed rental
rates and delivery charges be adopted by Council. Board Member Malers seconded the
motion.
ORDINANCE NO. 018, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING RENTAL RATES AND DELIVERY CHARGES FOR THE
CITY'S RAW WATER FOR THE 2012 IRRIGATION SEASON
WHEREAS, each year prior to the irrigation season, the City staff and the Water Board
make a recommendation to the City Council regarding rental rates and delivery charges for the use
of the City’s raw water; and
WHEREAS, the Water Utility uses these rates to assess charges for agricultural rental
water, for various contractual raw water obligations and for raw water deliveries to and for other
City departments; and
WHEREAS, on February 16, 2012, the Water Board discussed the rental program and the
use of raw water and recommended the following rates for the 2012 irrigation season:
Type of Water Proposed 2012 Rental Rates/Charges*
Surplus Rental Rates
NCWCD Water (CBT) - Ag $ 30.00 /ac-ft
NCWCD Water (CBT) – M&I $ 49.00 /ac-ft
North Poudre Irrigation Co. – Early Ag Use $ 12.00 /ac-ft
North Poudre Irrigation Co. - Ag Use $ 30.00 /ac-ft
North Poudre Irrigation Co. – Multiple Use $ 30.00 /ac-ft
Water Supply and Storage Co. $ 3300.00 /share
Reusable Sources $ 500.00/ ac-ft
Raw Water Delivery Charges
NCWCD Water (CBT) – Ag $ 30.00 /share
Arthur Irrigation Co. $ 27.50 /share
Larimer County Canal No. 2 $ 550.00 /share
New Mercer Ditch Co. $ 990.00 /share
Pleasant Valley & Lake Canal Co. $ 192.50 /share
Warren Lake Reservoir Co. $ 330.00 /share
Sherwood Res. Co. $ 8.80 /share
Sherwood Irrigation Co. $ 660.00 /share
Reusable Sources $ 100.00 /ac-ft
Natural Area Program Rental Rates
Boxelder Irrigation Company $ 700.00 /share
Option Rates
Option for Collateral Water $ 3.00 /ac-ft
*Note:
(1) Rental rates may be adjusted to reflect the remaining yield or the prevalent market
price of the water stock being rented.
(2) Charges for those who have satisfied the City’s raw water requirements are set at
approximately 110% of the assessments charged by that company.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the rental rates and charges as set forth above are hereby approved as the City’s raw
water rates for 2012 and the Utilities Executive Director is authorized to rent or deliver such raw
water at said rates.
Introduced, considered favorably on first reading, and ordered published this 6th day of
March, A.D. 2012, and to be presented for final passage on the 20th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on the 20th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
DATE: March 6, 2012
STAFF: Jon Haukaas
Roger Buffington
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 11
SUBJECT
First Reading of Ordinance No. 019, 2012, Amending Chapter 26 of the City Code to Revise the Manner in Which
Carriage Houses May Obtain Water and Sewer Service.
EXECUTIVE SUMMARY
The City’s Land Use Code allows carriage houses to be constructed at the rear of lots in certain zoning districts. The
City Code currently requires that such buildings have separate water and sewer services connecting to City water
mains and sanitary sewers. This requirement frequently stops the carriage house projects due to construction
constraints and cost considerations. The proposed change in the City Code would provide an option to connect the
water and sewer services to the primary residence at the front of the lot with certain limitations.
BACKGROUND / DISCUSSION
The Land Use Code defines a carriage house as follows:
Carriage house shall mean a single-family detached dwelling, typically without street frontage, that
is located behind a separate, principal dwelling on the same lot, which fronts on the street.
The City Code presently requires that each building have separate water and sewer services; however, the Code does
the allow the Utilities Executive Director to authorize more than one building connect to water and sewer services if
the following three conditions are met:
1. The combined water use of the buildings shall not exceed the capacity of the service line.
2. If the service is for residential use, only one of the buildings may be used as a residential
dwelling.
3. If the buildings are served by one service line, the buildings shall be under single ownership
and no subsequent division of ownership or subdivision of the property, upon which the
buildings are located, shall be permitted until separate service lies have been installed to
each building.
For carriage houses, the second condition has been problematic in that it requires the carriage house to connect to
the City water mains and sanitary sewers typically in the street in front of the principal dwelling. In the older parts of
the city, mature trees and landscaping often make it very difficult, if not impossible, to install service lines around the
principal dwelling. For newer areas of the city, the narrow lot widths make it impossible to place these services
between the houses due to the presence of gas and electric services, window wells, air conditioning units, landscaping
and fences.
In addition to the obstacles encountered in construction, the extension of the services to the public mains in the street
involves cutting the pavement and trenching into the street right-of-way. These trenches affect the integrity of the
street paving and impact future street maintenance costs for the City. Property owners who have considered building
carriage houses find the added costs associated with street cuts often stop the project.
In order to overcome the construction hurdles and address the impacts to streets and related project costs, it is
proposed that Chapter 26 of the City Code be revised to provide the Utilities Executive Director the flexibility to approve
the connection of the carriage house water and sewer services to the principal dwelling under the conditions listed
below and included in the proposed ordinance:
1. The combined water use of the buildings shall not exceed the capacity of the service lines.
2. If the buildings are served by one service line, the buildings shall be under one ownership,
and no subsequent division of ownership or subdivision of the property upon which the
buildings are located shall be permitted until separate service lines have been installed to
each building.
March 6, 2012 -2- ITEM 11
3. If the service is for residential use, only one of the buildings shall be used as a residential
dwelling unless the buildings are located on a single platted lot and one of the buildings is a
carriage house. The term carriage house shall have the same meaning as in the Land Use
Code.
4. Plant investment fees, raw water requirements and any other applicable charges required in
connection with the additional building to which service is to be provided shall be remitted in
accordance with Chapter 26 of the City Code. For a carriage house, the additional plant
investment fees and raw water requirements, as well as monthly meter rates and any other
water-related charges shall be determined based on the addition of a new dwelling unit on
the property.
5. A written covenant or other document signed by the owner of the property to be served and
incorporating these requirements and limitations as a condition of service to said property,
in a form provided by the Executive Director, shall be submitted to the Executive Director as
a condition of approval and shall be duly recorded at the office of the County Clerk and
Recorder.
FINANCIAL / ECONOMIC IMPACTS
The proposed changes to the City Code would provide an option for water and sewer service for carriage houses that
may make it feasible for a property owner to proceed with a project. The City would collect plant investment fees and
water rights for the additional dwelling unit.
In addition, this option would allow carriage houses to obtain water and sewer service without having to disturb the
street pavement and install utility trenches in the street right-of-way. This would help to maintain the overall condition
of the street pavement in those areas and, thereby, avoid higher street maintenance costs in the future.
ENVIRONMENTAL IMPACTS
This revision to the City Code would help to maintain the longevity of the street improvements in neighborhoods by
reducing pavement repair operations that result from street cuts and trenching in the street right-of-way.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
At its February 16, 2012 meeting, the Water Board recommended approval of the changes to City Code which would
allow the Utilities Executive Director to approve the water and sewer services for carriage houses to connect to the
principal dwelling on the property.
PUBLIC OUTREACH
During the past few years, Water Utilities has collected comments and input from developers, property owners and
contractors through the Current Planning Department’s conceptual review process and through various contacts for
information regarding water and sewer service for carriage house projects. In several instances, property owners were
interested in constructing carriage houses but found the construction difficulties and the additional costs associated
with connecting water and sewer services to the City mains in the street caused the projects to be impractical.
ATTACHMENTS
1. Water Board minutes, February 16, 2012
Excerpt from Unapproved Water Board Minutes, February 16, 2012
- 1 -
Water/Sewer Services to Carriage Houses
(Attachments available upon request).
Water Utility Development Review Manager Roger Buffington presented information on this
item and stated that Utilities has been working with the City Attorney’s Office to develop an
option for how carriage houses receive water and wastewater services. The Land Use Code
(LUC) allows carriage houses in certain zoning districts. Chapter 26 requires that each building
have separate water and sewer services; however, an exception can be granted by the Utilities
Executive Director if the following three conditions are met:
1. the combined water use of the buildings shall not exceed the capacity of the service line;
2. if the service is for residential use, only one of the buildings may be used as a residential
dwelling;
3. if the buildings are served by one service line, the buildings shall be under single
ownership.
A carriage house is defined as a single-family detached dwelling typically without street frontage
that is located behind a separate principal dwelling on the same lot.
A board member asked for clarification on the meaning of a single-family detached dwelling.
Mr. Buffington stated the building must contain a kitchen to be considered a dwelling.
Mr. Buffington explained the challenges with extending water and service services to carriage
houses in the older areas of town. For example, installing service lines around the principal
dwelling may be challenging due to mature landscaping. In newer developments, the narrow lot
sizes make it impossible due to the presence of gas and electric services, window wells, etc.
Utilities proposes that Chapter 26 of the City Code be revised to provide the Utilities Executive
Director the flexibility to approve the connection to the principal dwelling on the property if the
following conditions are met:
1. The services must have adequate capacity for both buildings.
2. The buildings are under one ownership on a single platted lot.
3. One of the buildings must meet the carriage house definition contained in the LUC.
4. Plant investment fees are paid and raw water requirements are satisfied for the additional
dwelling unit on the property.
5. A written covenant or other document containing these conditions is signed by the owner
of the property and submitted to the Executive Director as a condition of approval, and
this document is recorded at the office of the County Clerk and Recorder.
Board discussion:
A board member questioned if Utilities has taken into consideration the possibility that property
owners will build additional structures on their property that they could not have built prior to
this code change. Mr. Buffington stated this has been considered by Utilities because there have
been cases of property owners building additional habitable structures with no kitchen.
The board member expressed concerns that the Water Board’s recommendation for the change
may encourage these types of loopholes. Are there other stringent regulations in place that
prevent this? Mr. Buffington stated the Land Use Code has limitations on the size of carriage
ATTACHMENT 1
Excerpt from Unapproved Water Board Minutes, February 16, 2012
- 2 -
houses. This varies depending on the zoning district; however, they generally are from 800-1,000
square feet. Sometimes the costs of extending service to the street become prohibitive to the
property owners and they decide not to move forward with the project.
Would the property owner pay double fees for the additional water and sewer service? The
property owner would have already paid the fees for the principal dwelling; however, there
would be additional fees for the second dwelling.
What is the initiative for this proposed change? Mr. Buffington stated the City occasionally
receives requests for carriage houses. In several instances, the projects were not built due to the
construction constraints and the costs of extending the water and sewer services to the City
mains in the street.
A board member questioned the first condition (the combined water use of the buildings shall not
exceed the capacity of the service line). The board member asked for further clarification on this
statement. Mr. Buffington stated that the capacity of the line has not been an issue; however, this
condition is included to tie the regulations together.
The board member feels the proposed change is good because it supports an individual’s use of
their property without them incurring additional costs.
What zoning areas are included? The neighborhood conservation low density, neighborhood
conservation medium density, and the neighborhood conservation buffer districts are included in
the zoning areas as per the Land Use Code.
Is there a limitation to the size of the carriage house? Mr. Buffington stated there is a limitation
in the zoning districts listed above.
The board member expressed concern about a property owner building an additional dwelling
such as rental property. Water Engineering and Field Services Operations Manager Jon Haukaas
stated that only one primary residence is allowed on the property. The additional dwelling would
be limited by the carriage house rule.
How many people will be impacted or benefitted by this change? Mr. Buffington stated there are
not very many requests for these types of structures; however, the requests are consistent enough
to warrant the code change.
Vote on the motion: It passed unanimously.
Board Member Bovee moved that the Water Board recommend to City Council approval
of the changes to City Code which would allow the Utilities Executive Director to approve
the water and sewer services for carriage houses to connect to the principal dwelling on
the property. Board Member Goldbach seconded the motion.
ORDINANCE NO. 019, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO REVISE THE MANNER IN WHICH CARRIAGE HOUSES MAY OBTAIN
WATER AND SEWER SERVICE
WHEREAS, the City Code currently requires separate water and wastewater service lines
for each and every residence served by the City’s Utilities; and
WHEREAS, in order to promote infill development and eliminate barriers to the
development of carriage houses as accessory residences in appropriate zone districts as allowed
under the City’s Land Use Code, staff has proposed a limited exception to the requirement for
separate service lines; and
WHEREAS, the Water Board considered proposed revisions to Chapter 26 of the City Code
at its February 16, 2012, meeting and recommended approval of the proposed changes; and
WHEREAS, the City Council desires to enact the proposed changes, as set fort herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 26-94 of the Code of the city of Fort Collins is hereby amended
to read as follows:
Sec. 26-94. Individual service lines for each building required.
(a) Each property shall be served by its own service line, and no connection with
the water utility shall be made by extending the service line from one (1) property
to another property. Each building shall be served by a separate service line;
however, the Utilities Executive Director may require that a building be served by
more than one (1) service line. For purposes of this Section, the term building means
a structure standing alone, excluding fences and covered walkways. A separate
accessory structure is a separate building. To qualify as one (1) building, all portions,
additions or extensions must be connected by an attachment that is an enclosed part
of the building and usable by the occupants.
(b) Notwithstanding the provisions of Subsection (a) of this Section, after review
and approval of the plans and specifications therefor, the Utilities Executive Director
may, after review and approval of the related plans and specifications, authorize the
service of more than one (1) building by a single service line, conditioned
uponprovided each of the following criteriarequirements is met:
(1) The combined water use of the buildings shall not exceed the capacity of the
service line and meter;
(2) If the service is for residential use, only one (1) of the buildings may be used
as a residential dwelling;
(32) If the buildings are served by one (1) service line, the buildings shall be
under single ownership; and no subsequent division of ownership, or
subdivision of the property upon which the buildings are located, shall be
permitted until separate service lines have been installed to each building;
(3) If the service is for residential use, only one (1) of the buildings may be used
as a residential dwelling unless the buildings are located on a single platted
lot and one of the buildings is a carriage house. For purposes of this Section,
the term carriage house shall have the same meaning as in the Land Use
Code;
(4) Plant investment fees, raw water requirements, and any other applicable
charges required in connection with the additional building to which service
is to be provided, shall be remitted as provided in this article. For a carriage
house, additional plant investment fees and raw water requirements, as well
as monthly meter rates and any other water-related charges, shall be
determined based on the addition of a new dwelling unit on the property; and
(5) A written covenant or other document signed by the owner of the property
to be served and incorporating the requirements and limitations of this
Section as a condition of service to said property, in a form provided by the
Executive Director, shall be submitted to the Executive Director as a
condition of approval, and shall be duly recorded at the office of the County
Clerk and Recorder.
If the Utilities Executive Director should determine that the foregoing criteria have
been met, a written permit shall be granted, which permit shall contain a listing of
the foregoing requirements, shall contain as a condition of continued service
hereunder and specific reference to Subsection (a) of this Section requiring
individual service lines for each building, shall be signed by the Utilities Executive
Director, and shall be duly recorded at the office of the County Clerk and Recorder.
Section 2. That Section 26-256 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 26-256. Individual service lines for each building required.
(a) Each property shall be served by its own service line, and no connection shall
be made by extending the service line from one (1) property to another property.
Each building shall be served by a separate service line; however, the Utilities
Executive Director may require that a building be served by more than one (1)
service line. For purposes of this Section, the term building means a structure
standing alone, excluding fences and covered walkways. A separate accessory
-2-
structure is a separate building. To qualify as one (1) building, all portions, additions
or extensions must be connected by an attachment that is an enclosed part of the
building and usable by the occupants.
(b) Notwithstanding the provisions of Subsection (a) of this Section, after review
and approval of the plans and specifications therefor, the Utilities Executive Director
may, after review and approval of the related plans and specifications, authorize the
service of more than one (1) building by a single service line, conditioned
uponprovided each of the following criteriarequirements is met:
(1) The combined wastewater flow from the buildings shall not exceed the
capacity of the service line;
(2) If the service is for residential use, only one (1) of the buildings may be used
as a residential dwelling;
(32) If the buildings are served by one (1) service line, the buildings shall be
under single ownership; and no subsequent division of ownership, or
subdivision of the property upon which the buildings are located, shall be
permitted until separate service lines have been installed to each building;
(3) If the service is for residential use, only one (1) of the buildings may be used
as a residential dwelling unless the buildings are located on a single platted
lot and one of the buildings is a carriage house. For purposes of this Section,
the term carriage house shall have the same meaning as in the Land Use
Code;
(4) Plant investment fees, and any other applicable charges required in
connection with the additional building to which service is to be provided,
shall be remitted as provided in this article. For a carriage house, additional
plant investment fees, as well as monthly meter rates and any other
wastewater-related charges, shall be determined based on the addition of a
new dwelling unit on the property; and
(5) A written covenant or other document signed by the owner of the property
to be served and incorporating the requirements and limitations of this
Section as a condition of service to said property, in a form provided by the
Executive Director, shall be submitted to the Executive Director as a
condition of approval, and shall be duly recorded at the office of the County
Clerk and Recorder.
If the Utilities Executive Director should determine that the foregoing criteria have
been met, a written permit shall be granted, which permit shall contain a listing of
the foregoing requirements, shall containas a condition of continued service
hereunder and specific reference to Subsection (a) of this Section requiring
-3-
individual service lines for each building, shall be signed by the Utilities Executive
Director, and shall be duly recorded at the office of the County Clerk and Recorder.
Introduced, considered favorably on first reading, and ordered published this 6th day of
March, A.D. 2012, and to be presented for final passage on the 20th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on the 20th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
-4-
DATE: March 6, 2012
STAFF: Jon Haukaas, Ken Sampley,
Lindsay Kuntz
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 12
SUBJECT
First Reading of Ordinance No. 020, 2012, Authorizing the Conveyance of City Property to PS Poudre River, LLC.
EXECUTIVE SUMMARY
In 2005, the City constructed the Oxbow Levee on the Cache La Poudre River to reduce flooding risk and damages
to a section of the City of Fort Collins located north and east of the river known as the Buckingham neighborhood. The
Oxbow Levee is located between Linden Street and Lincoln Avenue. The City of Fort Collins Stormwater Master
Planning and Floodplain Administration Division completed (in conjunction with its engineering consultants) and
submitted a levee certification analysis to the Federal Emergency Management Agency (FEMA). FEMA determined
that the levee certification documentation was in order and accredited the levee and associated flood insurance rate
maps that depict the floodplain areas as protected from the base regulatory (100-Year) flood.
The City then pursued inclusion of the levee into the United States Army Corps of Engineers (USACE) levee
maintenance program. The benefits of inclusion in this program are:
1. the USACE can assist with flood fighting efforts during flood events; and,
2. qualifying damages will be repaired by the federal government at 80 percent federal / 20 percent local cost
share.
The levee has been reviewed by the USACE and it has been determined that additional land in the form of an access
and maintenance easement is needed from the adjacent property owner PS Poudre River, LLC. During discussions
regarding the needed easement, PS Poudre River, LLC voiced concerns regarding granting the maintenance and
access easement since this reduces the developable portion of its property. In an effort to reach a mutually
satisfactory solution, the property owner proposed the City grant a small remnant parcel located adjacent to and east
of the Oxbow Levee in exchange for the needed access and maintenance easement. The Stormwater Master
Planning and Floodplain Administration Division has identified that the proposed remnant parcel is no longer needed
for flood control purposes. The property owner has agreed to a provision that the City remnant parcel property will be
conveyed subject to a deed restriction limiting the property to natural landscape or trail uses only.
BACKGROUND / DISCUSSION
During construction of the levee, excess fill material was placed on the landward side of the levee on adjacent
privately-owned property to provide additional contouring of the slopes. This material extended away from the design
toe of the levee and outside of the City easement. Meeting notes reflect conversations between the City, the City’s
consultants, BHA Design, and the adjacent property owner relating to the placement of the fill. Based on these notes,
the additional fill was considered, at the time, a positive for both parties.
As a result of Hurricane Katrina, both FEMA and the USACE began taking a much closer look at levee design and new
regulations and criteria were established. When the application to the USACE began (and as the Bohemian
Foundation developed design plans for a future development for their property), it was necessary for the City to gain
clear guidance on key issues:
1. what was considered to be part of the levee by both FEMA and the USACE;
2. what additional information was needed in order to be accepted into the USACE levee maintenance
program; and
3. the regulations and review process that would apply to any future development behind the levee on the
Bohemian Foundation property.
The as-built topography included as part of the Letter of Map Revision (LOMR) submitted to the Federal Emergency
Management Agency (FEMA) reflects the additional fill material. Unfortunately, the excess fill material is considered
March 6, 2012 -2- ITEM 12
by FEMA to be part of the levee and development is not allowed on the area. As a result, the non-developable area
extends on to the adjacent private property where the additional fill material was placed.
Numerous meetings were held between the City and PS Poudre River, LLC (managed by the Bohemian Foundation)
to develop a joint recommendation on what should be considered part of the levee. Northern Engineering, a consultant
for PS Poudre River, LLC prepared a map to show the recommended “toe of slope” for the levee. On June 29, 2010,
representatives of the City, FEMA and the USACE met at the site, followed by a separate meeting with PS Poudre
River, LLC. The City successfully obtained FEMA and the USACE approval to recognize the visual grade break in
the slope as the toe of the levee instead of the toe of the fill. A 15 foot wide area for maintenance and access was
needed outside of the grade break. In order to provide this area, a maintenance and access easement is needed on
the landward side of the levee from Poudre River, LLC. In order for FEMA to recognize the newly agreed upon toe
of the levee, a new LOMR would be needed. FEMA agreed that this LOMR could be based on only updated
information and waived the $7,150 application fee. The City agreed to fund the necessary engineering documentation
($11,600) in order to submit the updated LOMR to FEMA.
During discussions regarding the needed easement, PS Poudre River, LLC voiced concerns regarding granting the
maintenance and access easement since this reduces the developable portion of its property. In an effort to reach
a mutually satisfactory solution, the property owner proposed the City grant a small remnant parcel located adjacent
to and east of the Oxbow Levee in exchange for the needed access and maintenance easement. The Stormwater
Master Planning and Floodplain Administration Division has identified that the proposed remnant parcel is no longer
needed for flood control purposes. This 0.224 acre parcel was originally purchased in 2004 as part of a larger parcel
to construct the levee. The area is currently vacant land. The property owner has agreed to a provision that the City
remnant parcel property will be conveyed subject to a deed restriction limiting the property to natural landscape or trail
uses only.
FINANCIAL / ECONOMIC IMPACTS
The Bohemian Foundation has agreed to compensate the City of Fort Collins $2,500 for the remnant parcel of land
subject to a deed restriction limiting its use to natural landscaping and trail use purposes only. Bohemian has also
agreed to convey to the City at no cost the needed access easement along the boundary of its property for the
purposes of accessing and maintaining the Oxbow Levee improvements as required by FEMA and the USACE.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
Conveyance of the remnant parcel of land will satisfy the FEMA requirements in order for the adjacent levee to be
accepted into the USACE maintenance program. PS Poudre River, LLC plans to maintain the remnant parcel as a
natural landscaped area when the property develops in the future.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
City staff presented the proposal to the Water Board on January 20, 2011. With the exception of three board
members, the Board voted to recommend the authorization to convey the remnant to PS Poudre River, LLC. The three
boardmembers who voted against the recommendation noted concerns regarding the initial conveyance amount of
$1,120. This value was based on data obtained by the Real Estate Services staff for similar property sales. Real
Estate Services staff completed additional research on the valuation of the property and subsequently negotiated a
purchase price of $2,500 with PS Poudre River, LLC.
March 6, 2012 -3- ITEM 12
ATTACHMENTS
1. Location Map
2. Location Photos
3. Water Board minutes, January 20, 2011
1
Attachment 3
Excerpt from Approved Water Board Minutes, January 20, 2011
Sale of Oxbow Levee Remnant Parcel
(Presentation available on request)
Water Planning and Development Manager Ken Sampley brought this topic to the Board for
recommendation to Council. In 2006, the City constructed the Oxbow Levee on the Cache la Poudre
River to reduce flooding risk and damages to the Buckingham neighborhood north and east of the river.
The Oxbow Levee is adjacent to Linden Street between Linden and Lincoln Avenues. A small remnant
parcel of the levee is no longer needed for flood control purposes, and the adjacent property owner, PS
Poudre River, LLC, has expressed interest in purchasing this small remnant parcel from the City.
Board discussion:
Can property be developed without this piece? It is not needed for the levee or by any entity of
the City. The remnant parcel is a quarter of an acre in size and has very little value due to its
location in the floodplain.
Would it be useful for a future riverbank restoration project? The parcel is isolated and located
on the wrong side of the levee.
Lindsay Kuntz, real estate specialist with the City’s Real Estate Services, noted that values from past
appraisals done by the City’s Real Estate office were used to calculate the value of this remnant parcel.
The parcel is undevelopable by itself and located in the 500-year floodplain. It’s mapped in the moderate
risk area due to the nature of the risk.
Can this parcel be developed? Floodplain Administrator Marsha Hilmes-Robinson responded
that no critical facilities regulation would pertain to it, but the Corps has placed extra restrictions
in this unique area of floodplain due to its location by a levee.
A Board member feels the City should receive fair market value for the parcel. The potential
buyer wouldn’t be buying it in isolation. From historical experience, if it were put on the open
market, there would be no interest beyond that shown by this developer. There is no access to the
parcel, and it is too small.
Depending on how it was developed, if the levee failed, would it be the City’s responsibility?
There would be no liability to the City.
Appraisals look at comparable properties. Ms. Kuntz verified that their office looked at
comparable properties and pulled from other files of actual appraisals on remnant parcels. The
cost of an appraisal would be approximately $1,000. Sale of the parcel would convey the
maintenance costs of sending City staff to maintain it.
There was no further discussion on the motion.
Vote on the motion: 7 for, 3 against.
Reasons for nay votes:
Board Member Eccleston: An independent assessment should be done on the parcel.
Motion: Vice Chairperson Balderson moved that the Water Board recommend to
Council that they approve the sale of the Oxbow Levee parcel to the adjacent property
owner. Board Member Phelan seconded the motion.
2
Board Member Waskom: Citizens are not getting any return on their dollar.
Board Member Bovee: He is concerned about the price.
ORDINANCE NO. 020, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF CITY PROPERTY
TO PS POUDRE RIVER, LLC
WHEREAS, in 2005 the City constructed the Oxbow Levee (the “Levee”) on the Cache la
Poudre River to reduce flooding risk and damage to a section of the City north and east of the river;
and
WHEREAS, the City has been pursuing inclusion of the Levee into the United States Army
Corps of Engineers (USACE) levee maintenance program; and
WHEREAS, as part of its review of the Levee, the USACE has determined that the City
should acquire an access and maintenance easement for the benefit of the Levee from the adjacent
property owner, PS Poudre River, LLC (PSPR); and
WHEREAS, when approached by City staff about granting the necessary easement to the
City, PSPR was concerned about reducing the developable portion of its property; and
WHEREAS, to address this concern, PSPR has asked the City to convey to it a .224 acre
parcel of City-owned land that is also adjacent to PSPR’s land, and in exchange PSPR would grant
the access and maintenance easement to the City and pay the City $2,500; and
WHEREAS, the land that PSPR would like the City to convey to it is described on Exhibit
“A”, attached and incorporated herein by reference (the “Property”); and
WHEREAS, the City purchased the Property in 2004 as part of a larger parcel used to
construct the Levee; and
WHEREAS, the Property is currently vacant land and is no longer needed for flood control
purposes; and
WHEREAS, PSPR has agreed that it would take title to the Property subject to a deed
restriction limiting the use of the Property to natural landscape or trail uses only; and
WHEREAS, at its regular meeting on January 20, 2011, the City’s Water Board voted to
recommend that the City Council authorize the conveyance of the Property to PSPR; and
WHEREAS, under Section 23-111 of the City Code, the City Council is authorized to sell,
convey or otherwise dispose of any and all interests in real property owned in the name of the City,
provided that the City Council first finds, by ordinance, that such sale or other disposition is in the
best interest of the City and, with respect to real property which is a part of the City’s water or utility
systems, that the disposition will not materially impair the viability of the particular utility system
as a whole and that it will be for the benefit of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the conveyance of the Property as
provided herein is in the best interest of the City, will not materially impair the viability of the City’s
stormwater system as a whole, and will be for the benefit of the citizens of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Property to PSPR on terms consistent with this Ordinance, together with
such additional terms and conditions as the City Manager, in consultation with the City Attorney,
determines are necessary or appropriate to protect the interests of the City or effectuate the purposes
of this Ordinance, including, but not limited to, any necessary changes to the legal description of the
property to be conveyed, as long as such changes do not materially increase the size or change the
character of the property.
Introduced, considered favorably on first reading, and ordered published this 6th day of
March, A.D. 2012, and to be presented for final passage on the 20th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on the 20th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Exhibit “A”
Page 1 of 2
“A” Page 2 of 2
DATE: March 6, 2012
STAFF: Kayla Ballard
Helen Matson
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 13
SUBJECT
First Reading of Ordinance No. 021, 2012, Authorizing the Lease of City-Owned Property at 1506B West Horsetooth
Road for Up to Five Years.
EXECUTIVE SUMMARY
The City acquired the property located at 1506 West Horsetooth Road as part of the Affordable Housing Land Bank
Program in 2003. Total acreage of this property is 8.3 acres of development land. Currently, this site has one single-
family residence, one building with an efficiency apartment and garage, and horse facilities. The lease for 1506B West
Horsetooth Road will be for the efficiency apartment.
BACKGROUND / DISCUSSION
The City’s Affordable Housing Land Bank Program owns property located at 1506 West Horsetooth Road. The
property consists of 8.3 acres of horse property that includes a single-family residence, an efficiency apartment and
garage, horse barns, grazing areas and a small horse arena. One of the goals of the Land Bank Program is to hold
land for a minimum of ten years. The Land Bank Program desires to continue leasing the efficiency apartment until
the Land Bank Program determines that the property will be available for future low-income family development.
The City has leased this property since it was purchased in 2003 and desires to continue leasing the property.
FINANCIAL / ECONOMIC IMPACTS
Rent collected from the lease of the efficiency apartment will result in an annual rate of at least $4,200 in unanticipated
revenue to the Advance Planning Affordable Housing Program. The tenant will pay all utilities, phone and cable
charges.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
ATTACHMENTS
1. Location map
ORDINANCE NO. 021, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE LEASE OF CITY-OWNED PROPERTY AT
1506B WEST HORSETOOTH ROAD FOR UP TO FIVE YEARS
WHEREAS, on April 17, 2001, the City Council adopted Ordinance No. 048, 2001,
amending Chapter 23 of the City Code by the addition of a new Article XI entitled “Land Banking”;
and
WHEREAS, in Ordinance No. 048, 2001 the City Council determined that the acquisition
of real property in order to ensure the property will be available for future development to provide
housing for extremely low and very low income families is in the best interests of the citizens of the
City; and
WHEREAS, Ordinance No. 048, 2001 further states that banking real property for the
purpose of assisting housing providers in providing housing for extremely low and very low income
families will not negatively impact the local real estate market, due to the anticipated volume of
property purchases the program would entail; and
WHEREAS, in February, 2003, the City acquired the property at 1506B West Horsetooth
Road, in Fort Collins (the “Property”) as part of the land banking program established pursuant to
Ordinance No. 048, 2001; and
WHEREAS, the City Council first authorized the lease of the Property in 2003 and the
Property had been continuously leased since then; and
WHEREAS, most recently, on May 4, 2010, the City Council passed Resolution 2010-26,
which authorized the lease of the Property for up to two years; and
WHEREAS, the City desires to continue leasing the Property for a period of up to five years
at an annual rate of at least $4,200; and
WHEREAS, under Section 23-111(a) of the City Code, the City Council is authorized to sell,
convey or otherwise dispose of any and all interests in real property owned in the name of the City,
provided that the City Council first finds, by ordinance, that such sale or other disposition is in the
best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the lease of the Property as provided
herein is in the best interest of the City.
Section 2. That the City Manager is hereby authorized to execute a lease agreement for
the Property consistent with the terms of this Ordinance, together with such additional terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be appropriate
to protect the interests of the City or effectuate the purposes of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 6th day of
March, A.D. 2012, and to be presented for final passage on the 20th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on the 20th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
DATE: March 6, 2012
STAFF: Wendy Williams
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 14
SUBJECT
Resolution 2012-014 Ratifying the Reappointment of Michael Liggett and the Appointments of John Frey and Kipp
Lyons to the Poudre River Public Library District Board of Trustees.
EXECUTIVE SUMMARY
Resolution 2007-026 ratified the initial appointments to the Library Board of Trustees on March 6, 2007. Seven
Trustees were appointed to the Board with initial terms ranging from 1 to 5 years. The initial term of Trustee Michael
Liggett expires on March 6, 2012, and he has expressed a desire to serve another term. The initial term of Mary
Robertson (Atchison) also expires March 6, 2012 and she has not expressed a desire to be reappointed. John
Knezovich’s initial term expired on March 6, 2008 and Resolution 2008-027 reappointed Trustee Knezovich for a
second term which expires on March 6, 2012. According to the Bylaws of the Library Board of Trustees
Boardmembers are limited to two terms so Trustee Knezovich is not eligible to reapply.
The Library Trustee Selection Committee, comprised of Mayor Karen Weitkunat and Councilmember Lisa Poppaw
and Larimer County Commissioners Lew Gaiter and Steve Johnson, unanimously recommends the reappointment
of Michael Liggett to the Library Board of Trustees for a four-year term and the appointments of John Frey and Kipp
Lyons for four-year terms.
BACKGROUND / DISCUSSION
In November 2006, voters approved the formation of the Fort Collins Regional Library District. This name was
changed to the Poudre River Public Library District in February 2009. The City Council and County Commissioners
formed a Library District Trustee Selection Committee, comprised of two Councilmembers and two Commissioners.
The Committee interviewed numerous candidates for the Board of Trustees and recommended seven candidates to
the full Council and to the Commissioners for ratification. The candidates were ratified unanimously by both the
Council and the Commissioners.
The intergovernmental agreement between the City, County and District sets out the process for appointing Trustees.
It provides that a committee, comprised of two members of Council and two Commissioners, will recommend a
candidate for appointment who must be ratified by a two-thirds majority of both the full Council and the Commissioners.
The Committee, comprised of Mayor Karen Weitkunat and Councilmember Lisa Poppaw and Commissioners Lew
Gaiter and Steve Johnson, met on February 20, 2012. The Committee unanimously recommends to the Council and
the Commissioners that Michael Liggett be reappointed to the Poudre River Public Library District Board of Trustees
for a four-year term, and John Frey and Kipp Lyons be appointed for four-year terms, as provided in the Board’s
bylaws.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2012-014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
RATIFYING THE REAPPOINTMENT OF MICHAEL LIGGETT
AND THE APPOINTMENTS OF JOHN FREY AND KIPP LYONS TO
THE POUDRE RIVER PUBLIC LIBRARY DISTRICT BOARD OF TRUSTEES
WHEREAS, on November 7, 2006, the voters approved a citizen initiative to establish and
fund the Fort Collins Regional Library District, now called the Poudre River Public Library District
(the “Library District”), pursuant to Sections 24-90-101 to 606 of the Colorado Revised Statutes (the
“Library Law”); and
WHEREAS, pursuant to the Library Law, the City Council and Larimer County
Commissioners each appointed two of their members to a committee (the “Committee”) to fill seven
positions on the initial board of trustees of the Library District; and
WHEREAS, on March 6, 2007, in accordance with the Library Law, the City Council passed
Resolution 2007-026 ratifying the appointment of seven trustees to the Library Board of Trustees;
and
WHEREAS, pursuant to the Bylaws of the Library District Board of Trustees, a trustee may
serve no more than two consecutive four-year terms, which are staggered so that typically one or
two trustees are appointed or reappointed every year; and
WHEREAS, Michael Liggett was appointed to a five-year term as a Trustee in 2007; and
WHEREAS, Mr. Liggett’s term expired on March 6, 2012, and he has expressed a desire to
serve another term; and
WHEREAS, the initial term of Trustee Mary Robertson expired on March 6, 2012, and she
has decided not to seek reappointment; and
WHEREAS, the second term of Trustee John Knezovich expired on March 6, 2012, and he
is not eligible for reappointment; and
WHEREAS, the Board of Trustees has performed impressively, working well together and
undertaking a heavy work load with passion, dedication and a commitment to providing exceptional
library services to the community; and
WHEREAS, on February 20, 2012, the Committee met and decided to reappoint Mr. Liggett
to a second term of four years and to appoint John Frey and Kipp Lyons to four-year terms; and
WHEREAS, Section 24-90-108(2)(c) of the Library Law requires that the Committee’s
trustee appointments be ratified by a two-thirds majority vote of the legislative body of each
governmental unit participating in the District.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that pursuant to the requirements of the Colorado Library Law, the City Council, by a
two-thirds majority vote of its members, hereby ratifies the Committee’s reappointment of Michael
Liggett for a four year term, and the appointments of John Frey and Kipp Lyons for four year terms,
to the Board of Trustees of the Poudre River Public Library District; provided, however, that such
action is contingent upon the Larimer County Commissioners taking similar action.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of March, A.D. 2012.
Mayor
ATTEST:
Interim City Clerk
DATE: March 6, 2012
STAFF: Darin Atteberry
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 15
SUBJECT
Resolution 2012-015 Approving the Appointment of Rita Harris as Interim City Clerk.
EXECUTIVE SUMMARY
This Resolution appoints Chief Deputy City Clerk Rita Harris as Interim City Clerk, following the resignation of City
Clerk Wanda Krajicek.
BACKGROUND / DISCUSSION
Longtime City Clerk Wanda Krajicek has retired after 37 years of service to the City of Fort Collins, effective March
2, 2012. The recruitment and selection process to replace Ms. Krajicek is expected to take several months, and the
appointment of an Interim City Clerk is necessary to carry on the responsibilities of the City Clerk.
City Manager Atteberry has appointed Chief Deputy City Clerk Rita Harris as Interim City Clerk, effective March 5,
2012. Pursuant to Article II, Section 12 of the City Charter, such appointment requires the approval of the City Council.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2012-015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE APPOINTMENT OF CHIEF DEPUTY CITY CLERK
RITA HARRIS AS INTERIM CITY CLERK
WHEREAS, after 37 years of dedicated service to the City, including 31 years as City Clerk,
Wanda Krajicek has retired, effective March 2, 2012; and
WHEREAS, under Article II, Section 12 of the City Charter, the City Clerk is appointed by
the City Manager with the approval of the City Council; and
WHEREAS, Article II, Section 12 of the City Charter provides that the City Manager shall
appoint a City Clerk with the approval of the City Council; and
WHEREAS, effective March 5, 2012, the City Manager has appointed Chief Deputy City
Clerk Rita Harris as Interim City Clerk until a new City Clerk is appointed; and
WHEREAS, the City Manager recommends City Council’s approval of said appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the appointment of Rita Harris as Interim City Clerk, until such time as a new City
Clerk is appointed, is hereby approved.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of March A.D. 2012.
Mayor
ATTEST:
Interim City Clerk
DATE: March 6, 2012
STAFF: Lance Smith
Patty Bigner
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 20
SUBJECT
First Reading of Ordinance No. 022, 2012, Amending Section 26-464 of the City Code to Establish a Medical Discount
Program for Electric Customers.
EXECUTIVE SUMMARY
The medical life support discount program is a new program which is targeted at customers who are in the tiered
residential electric rate class and who have electric medical equipment in their homes. There are three eligibility
requirements for participation in the program: (1) a household income ceiling, (2) an affidavit from a physician that
affirms the listed equipment is approved by Medicare and medically necessary, and (3) a lawful presence affidavit.
BACKGROUND / DISCUSSION
On December 6, 2011, City Council adopted Ordinance No. 166, 2011, increasing the residential class electric rates,
effective February 1, 2012. The new rates incorporated two significant changes to the rate structure. First, the rate
structure was changed to reflect the new seasonal purchase power charges from Platte River Power Authority.
Second, in order to better align the rate structure with the conservation values of the City, the rate structure was
changed to a 3-tiered inclining block rate structure. In the discussion before the vote to adopt the ordinance, City
Council directed Fort Collins Utilities to develop a medical life support discount program so as not to impose any
additional economic hardship on those customers who may have sufficient monthly energy usage to have some of that
energy fall into the second or third tiers. The medical life support discount program is the result.
Initial research indicated there are a number of discount programs related to alleviating potential hardship on
customers faced with medical issues around the country. Comparisons of the programs in the western United States
served as a basis for the development of this program. While the energy usage equivalent of the discount varied by
program and was generally higher than the 150 kWh in the proposed program, staff believes this is an adequate level
for the medical devices that are approved by Medicare. The comparison showed monthly discounts between $5 and
$17 across the programs, with this proposed program providing a $12 discount to a qualifying customer per month.
In determining a reasonable household income ceiling, the Area Median Income (AMI) used by the Federal Housing
Authority provided an independent source of income information based on the number of people in a household. The
AMI is specifically formulated for Larimer County and factors in local cost of living. Without more detailed information
than the median income, it was necessary to take some portion of this AMI as the program is designed to help those
customers who will see the rate increase as a substantial economic hardship. The income table included in the
application shows the income ceiling as 60% of the Larimer County AMI. The affidavit from a physician verifies the
need for a Medicare-approved medical device. The lawful presence affidavit is required by Colorado state law because
participation in the program is considered a local public benefit.
FINANCIAL / ECONOMIC IMPACTS
It is estimated that there will be fewer than 150 residential accounts enrolled in this program annually. Assuming 150
households are enrolled, the total annual revenue being lost as a result of this program is not expected to exceed
$25,000. This revenue shortfall will be accommodated within the Light and Power reserves until the next cost of
service study.
While it is hard to estimate the economic impacts of a new program, this program is not increasing electric rates for
customers and is providing a reduction for the eligible customers. Thus, it is not expected that this program will have
any substantial economic impact on the community as a whole but it will provide some relief for customers participating
in the program. It is expected that the savings seen by these customers will be spent elsewhere within the local
community.
ENVIRONMENTAL IMPACTS
March 6, 2012 -2- ITEM 20
This program does not have any foreseeable negative environmental impacts. This program in conjunction with the
new tiered rate structure has the potential to help customers be more aware of their personal energy usage and may
be an opportunity in the future to expand on energy efficiency education programs.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
The medical life support discount program was presented to the Energy Board on February 2, 2012. It was presented
for their information and Fort Collins Utilities staff did not ask for action. Energy Board members expressed support
for the program and indicated support of similar programs that are structured to assist low-income community members
and others in situations of hardship.
Fort Collins Utilities staff also spoke with a representative from the Senior Advisory Board to explain the intent of the
program.
PUBLIC OUTREACH
Communication that has already been distributed regarding the change in rates has included information that Fort
Collins Utilities is considering medical conditions and is working on a program to address the potential impacts. Two
of these communication brochures have already been distributed and staff members are keeping track of interested
customers. A training session will be offered to customer service representatives so that they are able to answer
questions about the new program. Information regarding the medical life support discount program and how to apply
will be distributed to the customers that are already a part of our life support notification program. It will be posted on
the Fort Collins Utilities website and a simple brochure describing the program requirements and eligibility will be
created and distributed at community outreach events.
Notice of the proposed change to the City Code establishing this program was published in the Coloradoan on
February 19, 2012 and a mailing was sent to City electric customers outside of the city limits in accordance with PUC
requirements.
ATTACHMENTS
1. Program Application Form
2. Powerpoint presentation
1
1
Medical Life Support Discount Program
for Residential Electric Customers
City Council Meeting
March 6, 2012
2
Background
• 2012 Residential electric rate form has two
significant changes:
– Seasonal adjustment
– 3-tiered inclining block
• Citizen and Council concerns about the impacts
of these changes on customers with medical
equipment
ATTACHMENT 2
2
3
Program Intent
• Program Intent: Provide no undue economic
burden from the seasonal tiered rates on
residential customers with durable medical
equipment in their household
4
Program Overview
• The program provides a 30% discount on
electric usage charges for the first 500 kWh
• Three eligibility requirements:
– Household income ceiling
– Physician affidavit
– Lawful presence affidavit
3
5
Discussion and Questions
ORDINANCE NO. 022, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 26-464 OF THE CODE OF THE CITY OF FORT COLLINS TO
ESTABLISH A MEDICAL DISCOUNT PROGRAM FOR ELECTRIC
CUSTOMERS
WHEREAS, on December 6, 2011, the City Council adopted Ordinance No. 166, 2011,
increasing the residential energy electric rate effective February 1, 2012; and
WHEREAS, the revised residential energy electric rate included significant rate structure
modification to a tiered seasonal rate in order to better align the rate structure with the energy
conservation values of the City and with purchase power charges assessed to the City by Platte River
Power Authority; and
WHEREAS, the City Council directed City staff to develop a medical discount program that
would reduce the impact that the rate structure modification and rate increase would have on
customers who have below average income and who use medically necessary equipment at a Fort
Collins electric customer address; and
WHEREAS, City staff has developed a medical discount program that will reduce the
monthly electric bill of qualifying electric customers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 26-464 of the City Code is hereby amended to add a new
subsection (p) which reads in its entirety as follows:
Sec. 26-464. Residential energy service, schedule R.
. . .
(p) Medical life support discount program.
(1) The rates described above shall be discounted for those electric customers to
whom this rate schedule applies, and who apply for such discount, as long as
such customers meet the requirements of paragraph (2) below. Such discount
shall not exceed an administratively set amount that is consistent with the
average monthly energy expense associated with typical medically necessary
equipment.
(2) Discounted electric rates shall be available under this program only to those
applicants whose annual household income falls below an income level
established by the Utilities Executive Director and whose application is
accompanied by the following: (a) a signed statement from a licensed
physician that medical equipment used at the residential premises is
medically necessary; and (b) a sworn affidavit from the applicant verifying
that the information provided is true and correct.
Section 2. That the amendments to Chapter 26, Section 464 of the City Code contained
herein shall go into effect when this ordinance becomes final and customers will become eligible
to receive a medical discount on bills issued after customers apply and qualify for the medical
discount.
Introduced, considered favorably on first reading, and ordered published this 6th day of
March, A.D. 2012, and to be presented for final passage on the 20th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on the 20th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk