HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 05/05/2015 - COMPLETE AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Gino Campana, District 3
Kristin Stephens, District 4 Cablecast on City Cable Channel 14
Ross Cunniff, District 5 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Nelson
City Attorney City Manager 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. Please call 221-6515 (TDD 224-
6001) for assistance.
Regular Meeting
May 5, 2015
Revised 05/04/15
Proclamations and Presentations
5:30 p.m.
Proclamation Declaring May 3-9, 2015 as Drinking Water Week.
Proclamation Declaring May 16, 2015 as Kids to Parks Day.
Proclamation Declaring May 4-7, 2015 as Public Service Recognition Week
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
City of Fort Collins Page 2
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.
o Council-pulled Consent Calendar items will be considered before Discussion
Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion
Items.
CITIZEN PARTICIPATION
Individuals may comment regarding items scheduled on the Consent Calendar and items not
specifically scheduled on the agenda. Comments regarding land use projects for which a development
application has been filed should be submitted in the development review process** and not to the
Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will buzz once and the timer light will turn yellow to indicate that 30 seconds of
speaking time remain, and will buzz again and turn red when a speaker’s time to speak has
ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent 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. Anyone
may request an item on this calendar to be "pulled" off the Consent Calendar and considered
separately. Agenda items pulled from the Consent Calendar will be considered separately under
Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with
one vote. The Consent Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
1. Consideration and Approval of the Minutes of the March 3, March 17 and April 21, 2015, Regular
Council meetings and the February 27 and March 24, 2015 Adjourned Council Meetings.
City of Fort Collins Page 3
The purpose of this item is to approve the minutes from the March 3, March 17 and April 21, 2015
Regular Council meetings and the February 27 and March 24, 2015 Adjourned Council Meetings.
2. Second Reading of Ordinance No. 044, 2015, Reappropriating Funds Previously Appropriated in
2014 But Not Expended and Not Encumbered in 2014.
This Ordinance, unanimously adopted on First Reading on April 21, 2015, reappropriates 2014
appropriations approved by City Council that lapsed at the end of 2014. The authorized
expenditures were not spent and could not be encumbered in 2014 because there was not sufficient
time to complete bidding in 2014 and therefore, there was no known vendor or binding contract as
required to expend or encumber the monies; the project for which the dollars were originally
appropriated by Council could not be completed during 2014 and reappropriation of those dollars is
necessary for completion of the project in 2015; or to carry on programs, services, and facility
improvements in 2015 with unspent dollars previously appropriated in 2014.
3. Second Reading of Ordinance No. 048, 2015, Authorizing the Conveyance of City Property to
Walnut Street 354, LLC.
This Ordinance, unanimously adopted on First Reading on April 21, 2015, conveys approximately
3,800 square feet of City property to Walnut Street 354, LLC for utilization in the development of a
downtown hotel and convention center at 354 Walnut Street, the former location of the Armadillo
Restaurant. The property will be purchased by the developer at fair market value, as determined by
the City. Additionally, the conveyance will be subject to a public access and utility easement
reservation which allows the subject property to continue to be utilized for these purposes, just as it
is today.
4. Second Reading of Ordinance No. 049, 2015, Designating the Holmes/Manges Property, 1202
LaPorte Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the
Code of the City of Fort Collins.
This Ordinance, unanimously adopted on First Reading on April 21, 2015, designates the
Holmes/Manges property, 1202 LaPorte Avenue as a Fort Collins Landmark. The owner of this
property, Sharon Manges, is initiating this request.
5. Second Reading of Ordinance No. 050, 2015, Designating the Longyear Property, 719 Remington
Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
This Ordinance, unanimously adopted on First Reading on April 21, 2015, designates the Longyear
Property, 719 Remington Street, as a Fort Collins Landmark. Owner James Danella is requesting
this designation.
6. Second Reading of Ordinance No. 052, 2015, Amending Chapter 26 of the Code of the City of Fort
Collins to Allow for the Waiver of Certain Requirements for a Temporary Connection to the Water
System as an Irrigation Source for the Establishment of Native Vegetation.
This Ordinance, unanimously adopted on First Reading on April 21, 2015, amends City Code to
allow the Utilities Executive Director the option to waive the water plant investment fee (WPIF) for
projects that only require irrigation for the establishment of native vegetation during the first three
years of growth. The City has actively pursued native vegetation for greenspaces and landscaping
as a means to reduce long term demand and improve the sustainability of water availability in our
region. Successful establishment of such vegetation typically requires irrigation in its first two to
three years. After establishment, it can be successful with only the limited natural precipitation of the
area. City Code requires that all connections to the water utility pay a WPIF. With this change, the
Utilities Executive Director may waive the WPIF for projects that only require irrigation for the
establishment of native vegetation during these first three years of growth. All charges for water use
would be due by the requesting customer as well as the costs to disconnect at the end of that period.
After further discussion, this item was modified to apply to any project meeting these goals. The
Ordinance has been amended on Second Reading to revise the definition of native vegetation.
City of Fort Collins Page 4
7. Second Reading of Ordinance No. 053, 2015, Extending the Terms of a Non-Exclusive Franchise by
the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for
the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the
Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and
Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable
Services to Citizens Within the City.
THIS ITEM IS BEING MOVED TO THE DISCUSSION AGENDA
This Ordinance, unanimously adopted on First Reading on April 21, 2015, extends the current Cable
Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC
(Comcast) for a period of 47 days to July 31, 2015. The current, extended agreement expires June
14, 2015. City staff and Comcast representatives have reached mutual agreement on the final
elements of the new agreement. The additional 47 days will allow for more time for public input prior
to the consideration of the new agreement by Council. The proposed extension will maintain the
terms and conditions of the existing Franchise for the duration of the extension.
8. First Reading of Ordinance No. 054, 2015, Appropriating Unanticipated Grant Revenue in the
General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and
Projects for the Multi-Jurisdictional Northern Colorado Drug Task Force.
Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department
of Justice on behalf of the Northern Colorado Drug Task Force (NCDTF) for federal grant monies to
help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will
be used to offset joint task force operations.
In addition, because of the significant decrease in federal funds available for drug enforcement, the
drug task force is transferring $256,160 from its forfeiture reserve account to its 2015 operating
budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of
assets seized from people engaged in illegal drug activities.
9. First Reading of Ordinance No. 055, 2015, Vacating Right-of-Way as Dedicated on a Plat of Registry
Ridge Fourth Filing.
The purpose of this item is to vacate Cabot Court, Nimitz Drive, Hornet Drive, Kitty Hawk Court and
Enterprise Drive right-of-way that is no longer necessary or desirable to retain for street purposes.
The property is proposed to be replatted as Registry Ridge Seventh Filing, which was approved
through an Administrative Hearing on March 5, 2015.
10. First Reading of Ordinance No. 056, 2015, Vacating Portions of the Rights-of-Way as Dedicated on
the Plat of Riverside Park.
The purpose of this item is to vacate portions of College Avenue right-of-way at the southwest corner
of North College Avenue and Pinion Street.
11. Resolution 2015-048 Making Board and Commission Liaison Assignments and Various Committee,
Board and Authority Appointments.
The purpose of this item is to make Councilmember liaison assignments to boards and commissions
and make various committee, board and authority appointments.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
City of Fort Collins Page 5
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS
A. Recognition of 2015 City Employee Awards.
STAFF REPORTS “B” AND “C” ARE BEING WITHDRAWN
B. Downtown Plan Update.
C. Senior Center LEED Platinum Certification and Symposium on Aging.
COUNCILMEMBER REPORTS
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.
12. Items Relating to Appropriation of Funds to Reimburse Woodward, Inc. For Development Fees,
Capital Improvement Expansion Fees and Use Tax. (staff: Mike Beckstead; 10 minute staff
presentation; 30 minute discussion)
Option 1:
First Reading of Ordinance No. 057, 2015, Appropriating Prior Year Reserves in the General Fund to
Reimburse Woodward, Inc. for Development Fees, Capital Expansion Improvement Fees, and Use
Tax.
Option 2:
First Reading of Ordinance No. 058, 2015, Appropriating Prior Year Reserves in the General, Capital
Expansion, and Street Oversizing Funds to Reimburse Woodward, Inc. for Development Fees,
Capital Expansion Improvement Fees, and Use Tax.
The purpose of this item is to appropriate $2,107,261 of prior year reserves for a rebate to
Woodward for fees and use tax as approved by City Council on April 2, 2013 (Ordinance No. 055,
2013). Ordinance No. 055, 2013 approved an agreement between the City, Downtown Development
Authority (DDA), and Woodward, Inc. The agreement provides Business Investment Assistance for
City of Fort Collins Page 6
the relocation of Woodward’s headquarters as well as an expansion of its manufacturing and office
facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain
or create between 1,400 and 1,700 primary jobs in the City. The City’s assistance includes a rebate
of Use Tax, Development Fees, and Capital Improvement Expansion Fees. The Council is presented
with two options. Option 1 is an ordinance that would appropriate all rebates from the General
Fund’s prior year reserves. Option 2 is an ordinance that would also appropriate all the rebates from
the General Fund’s prior year reserves, except for the rebate of Capital Improvement Expansion
Fees, which would be appropriated from the prior year reserves in the Capital Expansion and Street
Oversizing funds for the rebated Capital Improvement Expansion Fees. Council should adopt only
one of the proposed options; the other ordinance will be withdrawn.
13. Items Relating to Appointments of Councilmembers as the Planning and Zoning Board Liaison,
Downtown Development Authority Board Member, and City/Colorado State University Leadership
Committee Members. (staff: Christine Macrina, Wanda Nelson; no staff presentation; minute
discussion)
A. Resolution 2015-049 Appointing a Council Liaison to the Planning & Zoning Board.
B. Resolution 2015-050 Appointing a Council Representative and Alternate to the Downtown
Development Authority Board.
C. Resolution 2015-051 Appointing Council Representatives to the City/Colorado State University
Leadership Committee.
The purpose of this item is to make Councilmember liaison assignments to the Planning and Zoning
Board, the Downtown Development Authority, and the City/Colorado State University Leadership
Committee.
7.14. Second Reading of Ordinance No. 053, 2015, Extending the Terms of a Non-Exclusive Franchise by
the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for
the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the
Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and
Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable
Services to Citizens Within the City. (MOVED FROM CONSENT AGENDA)
This Ordinance, unanimously adopted on First Reading on April 21, 2015, extends the current Cable
Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC
(Comcast) for a period of 47 days to July 31, 2015. The current, extended agreement expires June
14, 2015. City staff and Comcast representatives have reached mutual agreement on the final
elements of the new agreement. The additional 47 days will allow for more time for public input prior
to the consideration of the new agreement by Council. The proposed extension will maintain the
terms and conditions of the existing Franchise for the duration of the extension.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
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 the Council, will be continued to the next regular Council
meeting and will be placed first on the discussion agenda for such meeting.
PROCLAMATION
WHEREAS, water is our most valuable natural resource; and
WHEREAS, Fort Collins tap water is critical to maintaining public health protection,
economic vitality, fire protection, and quality of life; and
WHEREAS, for more than 35 years, the American Water Works Association (AWWA)
and its members have celebrated Drinking Water Week – a unique opportunity for both water
professionals and the communities they serve to join together to recognize the vital role water
plays in our daily lives, and
WHEREAS, the City works diligently to guarantee that the drinking water leaving the
Water Treatment Facility is safe to drink and meets all federal and state standards, and
contributes to a successful community through low mortality rates, economic growth and
diversity, productivity and public safety; and
WHEREAS, we are all stewards of the water infrastructure upon which future
generations depend; and
WHEREAS, each citizen of Fort Collins is called upon to help protect our source waters
from pollution, to practice water conservation, and to get involved in local water issues;
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim May 3-9, 2015, as
DRINKING WATER WEEK
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 7
PROCLAMATION
WHEREAS, May 16, 2015 is the fifth National Kids to Parks Day, organized and
launched by the National Park Trust; and
WHEREAS, National Kids to Parks Day empowers kids and encourages families to get
outdoors and visit America’s parks; and
WHEREAS, it is important to introduce a new generation to our local and national
parks; and
WHEREAS, we should encourage children to lead a more active lifestyle to combat the
issues of childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and
WHEREAS, Kids to Parks Day is open to all children and adults across our community
to encourage a large and diverse group of participants; and
WHEREAS, Kids to Parks Day will broaden children’s appreciation for nature and the
outdoors; and
WHEREAS, Fort Collins has 42 neighborhood parks and 6 community parks that all are
open for children to run and play in.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclamation May 16, 2015 as
KIDS TO PARKS DAY
and I urge our citizens to take the children in their lives to a neighborhood or community park.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 8
PROCLAMATION
WHEREAS, citizens are served every single day by public servants at the federal, state,
county and city levels. These people do the work that keeps our nation, counties, and cities
working; and
WHEREAS, many public servants, including military personnel, police officers, and
firefighters risk their lives in service; public servants also include teachers, scientists, and
municipal employees; and
WHEREAS, the City of Fort Collins organization has over 2,000 employees providing
quality and innovative services desired by our residents; and
WHEREAS, City services range in diversity to meet outcomes and goals in
Transportation, Safety, Neighborhood Livability, Environmental and Economic Health, and
Culture and Recreation and High Performing Government; and
WHEREAS, these public servants perform with efficiency, integrity, pride and a
commitment to the City’s Mission, Vision, and Values; and
WHEREAS, City employees strive to do their jobs well and provide outstanding
customer service; and
WHEREAS, without these public servants, Fort Collins would be a very different place.
NOW, THEREFORE, I, Wade Troxell. Mayor of the City of Fort Collins, do hereby
proclaim the week of May 4-7, 2015, as
PUBLIC SERVICE RECOGNITION WEEK
in Fort Collins to recognize the dedicated, good work of public servants throughout our
community and in the City organization.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the March 3, March 17 and April 21, 2015, Regular Council
meetings and the February 27 and March 24, 2015 Adjourned Council Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the March 3, March 17 and April 21, 2015 Regular
Council meetings and the February 27 and March 24, 2015 Adjourned Council Meetings.
ATTACHMENTS
1. 1.1 February 27, 2015 (PDF)
2. 1.2 March 3, 2015 (PDF)
3. 1.3 March 17, 2015 (PDF)
4. 1.4 March 24, 2015 (PDF)
5. 1.5 April 14, 2015 (PDF)
6. 1.6 April 21, 2015 (PDF)
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City of Fort Collins Page 68
February 27, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 4:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
Staff present: Atteberry, Daggett, Nelson
1. Emergency Ordinance No. 040, 2015, Of the Council of the City of Fort Collins, To Repeal
Certain Provisions of City Code Section 17-127 Pertaining To Panhandling. (Adopted)
This is an emergency ordinance to repeal certain provisions to the City’s panhandling ordinance
found in City Code Section 17-127. On February 10th a class-action lawsuit was filed in federal
court against the City challenging certain provisions in that ordinance. The purpose of this
emergency ordinance is to moot, for now, much of the lawsuit, in order to give City staff and the
Council more time to review the challenged provisions, to consider any changes to them, to conduct
any needed public outreach and for staff to present to Council for future consideration an ordinance
to possibly reinstate these repealed provisions or to consider amendments to them.
City Manager Atteberry discussed the history of the City’s panhandling Ordinances and stated
the American Civil Liberties Union (ACLU) recently filed a class action lawsuit against the City
challenging the constitutionality of seven of the eleven provisions of this Code section, which
prohibits certain kinds of aggressive panhandling. The remaining four provisions are not being
challenged as part of this lawsuit. This Emergency Ordinance will repeal the seven provisions
being challenged by the ACLU and would alleviate the monetary pressure associated with this
type of litigation and allow staff and Council time to more carefully review the challenged
provisions, to conduct any needed public outreach concerning them, and to prepare and present
an ordinance to reinstate some or all of the repealed provisions with any recommended
amendments.
City Attorney Daggett noted it is not certain how the adoption of this Emergency Ordinance will
affect the next steps in the litigation.
Eric Sutherland noted there are no social services representatives from Larimer County in
attendance and discussed the need to develop these regulations harmoniously between the City
and County.
Stacy Lynne stated the Colorado Revised Statutes cover the issues in the lawsuit and expressed
concern the City's Ordinances are attempting to make the State Statutes less relevant.
Additionally, she asked why a lawsuit was required in order for the City to be made aware these
Ordinances are violating constitutional rights. She also questioned why these regulations would
be used against this vulnerable population.
Cheryl Distaso stated a panhandling Ordinance is redundant given existing harassment and
disorderly conduct regulations and encouraged the permanent repeal of the Ordinance.
Packet Pg. 11
Attachment: February 27, 2015 (3109 : Minutes-2/27, 3/3, 3/17, 3/24, 4/14, 4/21)
City of Fort Collins Page 69
Barb Wilkins expressed concern regarding the quantity of panhandlers and the length of time
they spend at any one location citing an example of an elderly man who fell while attempting to
avoid a panhandler.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Emergency Ordinance No. 040, 2015.
Councilmember Troxell requested the City Attorney address the issue of ordinances versus state
statutes. City Attorney Daggett replied City Code provisions are enforceable by the City in
Municipal Court and may overlap with state provisions. She noted that will be further analyzed
as staff examines the issue.
Councilmember Troxell requested additional information regarding collaboration with Larimer
County. Deputy Police Chief Jerry Schiager replied the City collaborates with Larimer County
social services; however, they may not see their role as being involved with City policy making.
Councilmember Campana commended Deputy Chief Schiager on his work.
Councilmember Cunniff stated he would support the Ordinance and noted the intent of the
Ordinance is to address aggressive panhandling.
Mayor Weitkunat noted only a portion of the regulations are being repealed at this point and the
most aggressive aspects will remain in effect.
RESULT: EMERGENCY ORDINANCE NO. 040, 2015 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
ADJOURNMENT
The meeting adjourned at 4:24 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Attachment: February 27, 2015 (3109 : Minutes-2/27, 3/3, 3/17, 3/24, 4/14, 4/21)
City of Fort Collins Page 70
March 3, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ABSENT: None
Staff present: Atteberry, Daggett, Nelson
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 10, First Reading of Ordinance No. 036, 2015,
Amending Chapter 26 of the Code of the City of Fort Collins to Allow for the Waiver of Certain
Requirements for a Temporary Connection to the Water System as an Irrigation Source for the
Establishment of Native Vegetation on Certain City Projects and Item No. 18, First Reading of
Ordinance No. 038, 2015, Amending the Land Use Code with Regard to City Development
Projects are withdrawn from consideration. Additionally, the Staff Report on San Cristobal will
be moved to the March 17 agenda and comments regarding Item No. 5, Second Reading of
Ordinance No. 020, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of Fort
Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to
Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public
Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and
Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable
Services to Citizens Within the City, will be made under Staff Reports.
CITIZEN PARTICIPATION
Cheryl Distaso, Fort Collins Community Action Network and Fort Collins Homeless Coalition,
expressed concern that homeless residents are being turned away from shelters during extremely
cold weather. Additionally, she expressed concern regarding the length of time individuals are
required to wait outside shelters prior to being allowed in for the night.
Eric Sutherland expressed concern regarding the Downtown Development Authority (DDA)
budget and stated the State General Assembly never authorized school district mill levies to be
excluded from the calculation of total assessed value in the school district. The DDA is not
following state law with regard to the use of tax increment financing.
Asma Henry stated the City’s trust in Colorado State University is misplaced regarding the
stadium issue given bidding documents it created and changes in stated funding mechanisms.
Tatiana Martin, Affordable Housing Board, invited Council and other board and commission
members to the super board meeting next week during which affordable housing will be
discussed.
Cadie Berrian thanked Council for its commitment to urban agriculture and discussed the
importance of community gardens.
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Attachment: March 3, 2015 (3109 : Minutes-2/27, 3/3, 3/17, 3/24, 4/14, 4/21)
March 3, 2015
City of Fort Collins Page 71
Glen Colton commented on data indicating Colorado will not have enough water in 2040 given
projected population growth.
Sandy Lemberg discussed a meeting Councilmember Horak held with stadium opponents and
discussed the IGA between the City and CSU. Council and the City need to more strongly
oppose the stadium in its proposed location.
Beth Mitchell opposed the stadium in its proposed location and opposed the IGA between the
City and CSU.
Clint Skutchan expressed support for the upcoming BOB 2.0 ballot measure.
Annie Marsve and daughter Scarlett supported the English Ranch community garden and
discussed the benefits of community gardens in general.
John Yule opposed the on-campus stadium and discussed the IGA between the City and CSU.
Waydene Pixler opposed the stadium in its proposed location.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Overbeck requested a staff response regarding the stadium IGA. Jeff Mihelich,
Deputy City Manager, replied a draft IGA has been prepared and noted the Planning and Zoning
Board will review the document Friday, March 6, and will provide comments to Council. An
open house regarding the IGA will be held on March 11.
Councilmember Poppaw requested a report regarding the progress on the English Ranch garden.
Deputy City Manager Mihelich stated a new location for the garden has been identified in the
park and a final decision is expected in the next 30 days.
Mayor Pro Tem Horak noted the IGA is an enforceable document and the City has no authority
over whether the stadium is built.
Councilmember Cunniff requested updates regarding nights during which homeless individuals
are turned away from shelters. Beth Sowder, Social Sustainability Director, replied Catholic
Charities could provide updates and notification regarding that information. A process is in
place to ensure all individuals needing shelter are accommodated. City Manager Atteberry also
discussed the process.
Councilmember Campana stated there is alignment in the community and among Council
regarding the process to shelter homeless individuals.
Mayor Pro Tem Horak asked about the super board meeting. City Clerk Nelson replied the
meeting is March 9 at 6:00 p.m. at the Museum of Discovery.
Councilmember Campana asked about the construction defect bill. Councilmember Cunniff
replied the Legislative Review Committee has opted to support the bill.
Packet Pg. 14
Attachment: March 3, 2015 (3109 : Minutes-2/27, 3/3, 3/17, 3/24, 4/14, 4/21)
March 3, 2015
City of Fort Collins Page 72
Councilmember Campana discussed a listening session he held with Cameron Gloss regarding
build-out of the city.
Mayor Weitkunat discussed the use of City Plan in the city build-out.
CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the January 20 and February 3, 2017 Regular
Council Meetings and the February 10, 2015 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the January 20 and February 3, 2015
Regular Council meetings and the February 10, 2015 Adjourned Council meeting.
2. Second Reading of Ordinance No. 017, 2015, Appropriating Unanticipated Grant Revenue and
Prior Year Reserves in the Equipment Fund for Electric Vehicle Charging Stations and
Natural Gas Vehicles. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, appropriates $67,920
and $12,177 in grant funds plus the local match of $16,950 and $2,435 into the Equipment fund for
the purchase of two Natural Gas dump trucks and three Fleet vehicle charging stations.
3. Second Reading of Ordinance No. 018, 2015, Appropriating Prior Year Reserves in the
General Fund for the Purpose of Supplementing Construction Costs Associated with the
Foothills Activity Center and to Transfer Appropriations to the Cultural Services and
Facilities Fund for the Art in Public Places Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, increases 2015
appropriations in the City's General Fund by $404,000 for the purposes of supplementing
construction costs of the Foothills Activity Center to transfer appropriations to the Cultural Services
and Facilities Fund for the Art in Public Places Program. This appropriation is necessary to comply
with the Second Amendment to the Foothills Mall Redevelopment and Reimbursement Agreement
dated August, 2014 in which the City agreed to pay up to $400,000 of the estimated additional cost
to the Activity Center.
4. Second Reading of Ordinance No. 019, 2015, Amending Sections 8-106 and 8-108 of the Code
of the City of Fort Collins Pertaining to Implementation and Administration of the City’s Risk
Management Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, modifies City Code
Sections 8-106 and 8-108 so that responsibilities related to the management and administration of
the City’s risk management program are shifted from the City’s Purchasing Agent to the Financial
Officer or his or her designee.
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5. Second Reading of Ordinance No. 020, 2015, Extending the Terms of a Non-Exclusive
Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its
Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct,
Operate and Maintain Through, the Public Rights-of-Way, Easements and Other Public
Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a
Cable System and the Provision of Cable Services to Citizens Within the City. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, extends the current
Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado,
LLC (Comcast) for a period of 90 days, to June 14, 2015. The current agreement expires March 16,
2015. City staff and Comcast representatives are in the very final stages of negotiations, anticipating
mutual agreement on the final elements of the new agreement very soon. The proposed extension
will maintain the terms and conditions of the existing Franchise for the duration of the extension.
6. Second Reading of Ordinance No. 021, 2015, Authorizing the Conveyance of 93 Square Feet
of City-Owned Property to Loco Ventures LLC. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, authorizes the
conveyance of 93 square feet of City-owned property to Loco Ventures LLC in order to resolve an
encroachment that was a pre-existing condition on property that the City acquired in 2014 as part of
the North College Improvements Project - Conifer to Willox.
7. Second Reading of Ordinance No. 030, 2015, Adding Section 17-194 to the Code of the City of
Fort Collins to Prohibit the Use of Flammable Gases, Flammable Solvents, Flammable
Liquids, and/or Alcohol in the Extraction of THC or Other Cannabinoids in Locations Other
Than Licensed Medical and Retail Marijuana Manufacturing Products Facilities and Deleting
Subsection (b)(5) of Section 12-142 of the Code. (Adopted)
Ordinance No. 030, 2015, adopted unanimously on First Reading on February 17, 2015, prohibits
the use of flammable gases and liquids, carbon dioxide, and alcohol in the extraction of THC except
in a licensed facility.
8. Items Relating to the Downtown Development Authority. (Adopted)
A. First Reading of Ordinance No. 033, 2015 Appropriating Unanticipated Tax Increment Revenues
in the Fort Collins, Colorado Downtown Development Authority Fund for Expenditure on Projects
and Programs in Accordance with the Downtown Plan of Development.
B. First Reading of Ordinance No. 034, 2015, Appropriating Unanticipated Revenue from Interest
Earnings and Reappropriating Existing Project Funds for Expenditure on Projects and Programs
in Accordance with the Downtown Plan of Development.
The purpose of this item is to appropriate certain unanticipated revenues and reappropriate certain
funds previously committed for projects and programs under the Downtown Plan of Redevelopment.
Ordinance No.033, 2015, will appropriate $63,205 in unanticipated revenue for use in the Old Town
Square Renovation. This ordinance also includes the repayment of the 2015 Revolving Line of
Credit Draw #2, in the amount of $63,205 from the Downtown Development Authority Debt Service
Fund. Ordinance No. 034, 2015, will appropriate unanticipated revenue from interest earnings in
the amount of $29,220, and will also reappropriate previously committed project funds in the amount
of $438,611 for use in the Old Town Square Renovation.
9. First Reading of Ordinance No. 035, 2015, Establishing Rental Rates and Delivery Charges for
Use of the City's Raw Water for the 2015 Irrigation Season. (Adopted)
The purpose of this item is to obtain Council approval of rates and charges for the rental and delivery
of the Utilities raw water supplies. These rates are used to invoice agricultural, contractual and other
water users.
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10. First Reading of Ordinance No. 036, 2015, Amending Chapter 26 of the Code of the City of
Fort Collins to Allow for the Waiver of Certain Requirements for a Temporary Connection to
the Water System as an Irrigation Source for the Establishment of Native Vegetation on
Certain City Projects. (Withdrawn)
The purpose of this item is to allow the Utilities Executive Director the option to waive the water plant
investment fee (WPIF) for City projects that only require irrigation for the establishment of native
vegetation during the first three years of growth. The City has actively pursued native vegetation for
greenspaces and landscaping as a means to reduce long term demand and improve the
sustainability of water availability in our region. Successful establishment of such vegetation typically
requires irrigation in its first two to three years. After establishment, it can be successful with only
the limited natural precipitation of the area. City Code requires that all connections to the water utility
pay a WPIF. With this change, the Utilities Executive Director may waive the WPIF for City projects
that only require irrigation for the establishment of native vegetation during these first three years of
growth. All charges for water use would be due by the requesting agency as well as the costs to
disconnect at the end of that period.
11. Resolution 2015-027 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County, Colorado State University and the United States Department of Agriculture
for the Care and Management of Bison on Portions of Soapstone Prairie and Reservoir Ridge
Natural Areas. (Adopted)
The purpose of this item is to authorize the Mayor to execute a proposed Intergovernmental
Agreement with Colorado State University and other agencies that will allow bison to be placed on
Natural Area properties. The 2007 Soapstone Prairie Natural Area Management Plan identified
plains bison as a species for reintroduction. The City is partnering with CSU, Larimer County, and
USDA-APHIS to reintroduce bison with high genetic integrity to portions of Soapstone, Reservoir
Ridge Natural Area, and the County-owned Red Mountain Open Space through an
intergovernmental agreement that describes the funding, management, and care of the properties
and animals.
12. Resolution 2015-028 Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to adopt the recommendations of the Cultural Resources Board to
disburse Fort Fund grants to community events from the Cultural Development and Programming
and Tourism Programming Accounts.
13. Resolution 2015-029 Ratifying Appointments to the Poudre River Library District Board of
Trustees. (Adopted)
The purpose of this item is to reappoint Linda Gabel to a second term and to appoint Becki
Hartshorn to the Poudre River Library District Board of Directors to fill a vacancy that currently exists
due to the March 2015 term expiration for Cara Neth.
CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff complimented staff on Item No. 11, Resolution 2015-027 Authorizing
the Mayor to Execute an Intergovernmental Agreement with Larimer County, Colorado State
University and the United States Department of Agriculture for the Care and Management of
Bison on Portions of Soapstone Prairie and Reservoir Ridge Natural Areas.
STAFF REPORTS
City Clerk Nelson invited citizens to an open house and tour of the election processing center on
March 19.
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Deputy City Manager Mihelich reported on the memorandum of understanding (MOU) which
has been developed between the City and Martin Marietta regarding the Taft Hill asphalt plant.
He noted transparency will increase and air quality information will be reviewed periodically by
the City. Martin Marietta has agreed to cover all asphalt trucks leaving the plant, as well as
several other improvements. Mihelich thanked the Citizens Against Asphalt Toxins participants
and representatives from Martin Marietta and the City.
Councilmember Overbeck asked how the City will ensure trucks will travel as directed by the
MOU. Mihelich replied routes will be monitored and contracts will be voided should they be
violated.
Councilmember Overbeck commended Mihelich’s work on the memorandum of understanding.
Mayor Pro Tem Horak requested additional information regarding the no-idling zone and its
enforcement and monitoring. Mihelich replied that will be a part of the City's monitoring.
Mayor Pro Tem Horak commended Mihelich's work on this issue.
City Manager Atteberry discussed a budget item for the upcoming year regarding the possibility
of building a new telecommunications and broadband service utility in the City. He stated
upcoming tasks will include gathering benchmark data and market analysis as well as gaining
public input. He noted the March 24 Work Session will cover this topic in additional detail.
Councilmember Troxell requested information regarding the state regulatory framework and
federal regulations at the Work Session.
City Manager Atteberry discussed his visit to Dr. Clayton Hurd at Stanford and his work in Fort
Collins as well as possible opportunities for the City to learn from and partner with Dr. Hurd in
the future.
COUNCILMEMBER REPORTS
Councilmember Troxell reported on the City-CSU Leadership Committee meeting and stated the
Committee is made up of two Councilmembers, CSU President Tony Frank, and a Board of
Governors member.
Mayor Weitkunat reported on Council’s upcoming trip to Washington, D.C. for the National
League of Cities meeting.
DISCUSSION ITEMS
14. Second Reading of Ordinance No. 028, 2015, Appropriating Prior Years Reserves in the
General Fund for Transfer to the Capital Projects Fund and Authorizing the Transfer of
Existing Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the
Lincoln Corridor Improvements Project and Transferring Appropriations to the Cultural
Services and Facilities Fund for the Art in Public Places Program. (Adopted on Second
Reading)
This Ordinance, adopted on Second Reading on February 17, 2015, by a vote of 4-2 (nays:
Overbeck, Cunniff; Poppaw recused) appropriates partial funding for design, right of way acquisition
and construction of the Lincoln Avenue Improvements from 1st Street to Lemay Avenue. Based on
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the Lincoln Corridor Plan estimated cost of $19.3 million for the entire project from Jefferson to
Lemay, the cost to improve the section from 1st Street to Lemay Avenue is $8 million. With the
reduced level of enhancements currently proposed, the project is estimated to cost $6.5 million. This
Council action appropriates $3 million from General Fund Reserves and an additional $1.106 million
from the Street Oversizing Fund. $155,881 is available from previous developer Local Street
Obligations along the project limits, and $2,238,119 is currently unfunded.
Councilmember Poppaw withdrew from the discussion of this item due to a conflict of interest.
Karen Cumbo, Planning, Development and Transportation Director, stated applications for the
neighborhood advisory committee are online and noted the committee will be open to residents
of the Buckingham, Alta Vista and Andersonville neighborhoods.
Cheryl Distaso, Open Communities Collective, expressed concern regarding the use of General
Fund Reserves for the Lincoln Avenue improvement projects. The April election should occur
first.
Nancy York questioned how the neighborhoods will be solicited for the advisory committee and
if citizens will have enough time to apply. The outcome of the April election should be
determined prior to using General Fund Reserves for Lincoln Avenue.
Jerry Gavaldon expressed concern regarding the neighborhood advisory committee process.
Glen Colton expressed concern regarding the funding of the Lincoln Avenue improvements.
Cumbo discussed the intent of the neighborhood advisory committee and clarified the possibility
of using the Landmark Preservation Commission and historical preservation staff in the process.
Councilmember Cunniff questioned what portion of the non-appropriated reserves this $3
million represents. Mike Beckstead, Chief Financial Officer, replied the year-end closing
process takes three to four months; however, this $3 million will be available in the 2014
reserves and the General Fund balance will be approximately $72 million, though he is uncertain
how much of that is not appropriated or assigned.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 028, 2015, on Second Reading.
Councilmember Overbeck stated he would not support the motion given the use of reserves and
discussed changes he would like to see in the neighborhood advisory committee.
Councilmember Cunniff stated he would not support the motion given the use of reserves and the
hurried process.
Councilmember Troxell stated this process has not been rushed and this corridor has been needed
improvement for years.
Councilmember Campana stated this process has not been rushed and this corridor in the middle
of the city has no curb, gutter or sidewalks.
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RESULT: ORDINANCE NO. 028, 2015, ADOPTED ON SECOND READING [4 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
RECUSED: Poppaw
15. Resolution 2015-030 Updating Community Greenhouse Gas Reduction Goals. (Adopted)
The purpose of this item is for City Council to consider:
reaffirming the existing goal to reduce communitywide greenhouse emissions to 20% below 2005
levels by 2020,
establishing new goals to reduce communitywide greenhouse gas emission to 80% below 2005
levels by 2030 and achieve carbon neutrality by 2050,
directing the City Manager to develop a 2020 Climate Action Implementation Plan based on the
2015 Climate Action Plan: Framework.
In April 2014, City Council asked that an ad hoc committee be formed to develop a proposed
updated Climate Action Plan (CAP) that describes how the community could achieve the greenhouse
gas emissions reduction objectives stated above. Following nine months of work, a draft framework
has been prepared that outlines steps needed to put Fort Collins on a path to meet the goals.
The 2015 Climate Action Plan: Framework (“CAP Framework”) provides a high level assessment of
steps needed to set Fort Collins on the path to achieve carbon emissions reduction objectives as
requested by Council, but does not determine future implementation details. The work on climate
action planning is, by nature, iterative. Very few cities have taken the initiative to explore, to this
depth, what it would take to meet ambitious long-term goals. Recommended next steps are to
complete a 2020 Climate Action Implementation Plan to develop details of near-term programs. Any
tactics or programs requiring Council action will be developed in more detail and discussed on a
case-by-case basis prior to Council’s consideration.
Achieving these goals will be challenging and will require sustained action and focus, and
involvement by all sectors of the community. Anticipated outcomes of setting visionary greenhouse
gas goals include attracting outside capital as well as increased local innovation and entrepreneurial
activity. These goals can drive further action to reduce emissions than would occur without the goals
or a plan. They can spur the community’s engagement, competitive spirit, and sense of pride.
Setting a new goal for 2030 also establishes an important interim target for action between now and
2050—an interim goal that is set out in the future but is close enough to be able to be visualized
assists in keeping the community on track for long-term carbon reductions.
Jeff Mihelich, Deputy City Manager, stated this item would adopt the accelerated community
greenhouse gas goals and direct the City Manager to work with staff to develop the
implementation plan for the Climate Action Plan 2020.
Lucinda Smith, Environmental Services Director, discussed the role of a community greenhouse
gas goal and the sources of emissions in the community. She discussed the benefits of the goals
and stated work has begun to identify financing guiding principles.
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The following citizens spoke in favor of adoption of the Resolution:
Scott Dening
Rose Lew, League of Women Voters
Hunter Buffington, Fort Collins Sustainability Group
Bill DeMarco
Mark Easter, Save the Poudre
Peter O’Neill, Energy Board
Paul Smith
Mark Houdashelt, Air Quality Advisory Board
Phil Friedman
Cheryl Distaso
Eric Levine
Jack Van Vleet
Nancy York
Alex Blackmer
Clink Skutchan, Fort Collins Board of Realtors
Josie Plout
Dale Carlin, Organizing for Action
Janice Lynne
Tom Hoehn
Kevin Cross, Fort Collins Sustainability Group
Glen Colton expressed concern the Plan ignores population growth.
Linda Vrooman stated there has been no environmental impact statement for the stadium and
discussed the environmental impacts of the stadium.
Les Kaplan stated the regional land use pattern and the City’s water delivery system should be
considered with regard to the Plan.
Mike Truitt discussed energy upgrades in homes.
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
Councilmember Troxell asked how much of the framework is within the City’s control versus
other agencies such as Platte River Power Authority. Smith replied a significant portion of the
framework will come from community-based actions.
Councilmember Troxell asked how much of the local control is top-down regulatory versus
bottom-up. Smith replied this Plan will require a full range of tactics, including regulatory and
educational.
Councilmember Troxell discussed importance of removing regulatory barriers and accentuating
innovation components. The model provided by Platte River Power Authority should include
additional transparency.
Councilmember Campana thanked the speakers and commended staff work. He asked about the
projected $600 million cost and the achievability of these aggressive goals. Smith replied the
cumulative costs are estimated and noted there will also be cost savings during the time period.
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Work to identify the specific infrastructure and capital investment costs and funding mechanisms
has just begun. Financing and community engagement will be key components in making
progress.
Councilmember Campana reiterated the fact this is a framework and noted there are unidentified
technologies which will aid in cost reduction. He also cited the importance of education.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2015-030.
Mayor Pro Tem Horak asked if an annual benefit-cost analysis has been considered as part of the
implementation plan. Smith replied transparency in terms of impacts and benefits will be
important moving forward and metrics will be identified where possible.
Mayor Pro Tem Horak asked if the consumption model has been considered as well as the
production model. Smith replied in the affirmative and stated information was provided to the
citizen advisory committee regarding production and consumption based inventories. A
consumption based inventory could be conducted, as well, based on additional staff resources.
Mayor Pro Tem Horak asked how annexations and resulting population growth will be
considered. Smith replied the Plan goals are net goals aside from per capita; however, baselines
and inventories will be adjusted based on large population changes such as annexations.
Mayor Pro Tem Horak supported the Resolution and thanked Dr. Dening and the Fort Collins
Sustainability Group for their work. An implementation plan needs to be developed soon.
Councilmember Cunniff supported the Resolution and agreed a consumption assessment should
occur. He asked if that would include air travel. Smith replied a decision was made to remove
air travel; however, it could be added back into the consumption model.
Councilmember Troxell supported the Resolution and stated he will be looking at fiscal impacts
as well as regulatory frameworks moving forward.
Councilmember Poppaw commended work on this item and supported the Resolution.
Councilmember Overbeck thanked staff for their work on the Plan and discussed the importance
of climate change with regard to the insurance industry.
Mayor Weitkunat supported the Resolution and direction of the Plan; however, she expressed
concern regarding the financial impacts.
RESULT: RESOLUTION 2015-030 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
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16. Resolution 2015-031 Adopting an Update to the Economic Health Strategic Plan for the City
of Fort Collins. (Postponed Indefinitely)
The purpose of this item is to consider a resolution approving an update to the Economic Health
Strategic Plan previously approved by City Council on June 26, 2012 (Resolution 2012-044; Vote: 7-
0 in favor). The update responds to a City Council request to evaluate changes to the existing
strategic plan and seeks alignment with the objectives of the Sustainability Service Area (formed in
2012). The update introduces five themes around which to organize the City’s economic health
activities:
Community Prosperity
Grow Our Own
Place Matters
The Climate Economy
Think Regionally
Josh Birks, Economic Health Director, stated these revisions have been designed to ensure
alignment with community values and the 2015-2016 Strategic Plan. This Plan focuses on
shaping the economy rather than creating an economy and shifts focus from how the City
engages to why the City engages in shaping an economy. Birks went on to discuss the
sustainability assessment and public involvement process.
Glen Colton opposed the updated Plan, suggesting it should be sent back for further review and
input. The Plan does not reflect the reality of the current economic situation in Fort Collins.
Councilmember Overbeck questioned the outcome of returning the item to the Economic
Advisory Commission for additional input. Birks replied seven of the nine members were
present at the last meeting during which the draft Plan was reviewed and five of those seven
members voted in favor of recommending the Plan as it stands and encouraged it to be treated as
a living document. He stated additional input could possibly lead to fine-tuning of strategies.
Councilmember Overbeck asked why more social-oriented boards and commissions were not
approached for input. Birks replied there was not enough time to reach out to all boards and
commissions, nor did those boards request to give input; however, more would be done to reach
out to additional boards in the future.
Mayor Pro Tem Horak asked if there is urgency for getting this item passed. City Manager
Atteberry replied staff feels as though sufficient outreach has occurred; however, if Council
desires additional outreach, that can certainly occur.
Mayor Weitkunat noted not all boards and commissions have significant connections to each
process.
Councilmember Troxell stated the structure of the boards and commissions and public
engagement process may need to be reevaluated.
Councilmember Campana asked if there is any industry indicator for balance. Birks replied the
movement into the support sector of employment is an emerging idea in the economic field.
Councilmember Cunniff asked about local goods and services and a local reinforcing economy.
Birks replied that appears in the “grow our own” theme and a broader sense of entrepreneurship.
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Councilmember Cunniff asked about the purpose of the “market Northern Colorado” aspect of
the Plan. Birks replied 'think regionally' is a unique theme and new aspect of the overall strategy
and stated working with regional partners in order to create a broader sense of resiliency in
Northern Colorado.
Councilmember Cunniff expressed concern regarding the possibility the regional aspect plays
into concerns regarding promoting faster growth. Birks replied our high quality community and
strong economy are natural attractors.
Councilmember Poppaw stated she would support sending this item back to boards and
commissions and noted staff is often placed in the difficult position of attempting to guess which
boards and commissions Council would like to have consider items.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to postpone this
item until such time as additional board and commission outreach and the published public
outreach plan have been completed.
Councilmember Campana stated the process regarding board and commission input needs to be
examined.
Mayor Weitkunat expressed disappointment in this outcome and stated staff sought input from
relevant boards and commissions.
City Manager Atteberry noted the Boards and Commissions manual outlines the boards and
commissions most aligned with each of the outcome areas and stated outreach expectations will
be part of discussions with the upcoming Council.
Councilmember Troxell noted boards and commissions should be following Council's calendar.
Councilmember Poppaw disagreed that staff missed the mark with the Plan or outreach;
however, she expressed support for the desire of other Councilmembers to gain additional
feedback.
RESULT: POSTPONED INDEFINITELY [5 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Overbeck, Poppaw, Campana, Cunniff, Horak
NAYS: Weitkunat, Troxell
17. Resolution 2015-032 Supporting the Grant Application for a Local Parks and Outdoor
Recreation Grant from the State Board of Great Outdoors Colorado Trust Fund and the
Completion of Enhancements to the Old Town Square Renovation. (Adopted)
The purpose of this item is to express City Council support for a grant application by the Downtown
Development Authority (DDA). The City, in cooperation with the DDA is applying for a Great
Outdoors Colorado (GOCO) Local Parks and Outdoor Recreation Grant. The City is eligible to
sponsor the DDA for this grant application and GOCO requires this resolution expressing City
Council support to be submitted as part of the grant application package. No additional City funding
is needed for this grant.
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Matt Robenalt, Downtown Development Authority Executive Director, discussed the proposed
passive and active recreational amenities which would be part of the GOCO grant application
and stated the City is an eligible entity to sponsor the application on behalf of the DDA.
Ed Stoner discussed other similar urban parks which have received GOCO grants and supported
adoption of the Resolution.
Lee Swanson, DDA Boardmember, supported adoption of the Resolution.
Councilmember Cunniff noted the improvements will still be funded by a loan from the Jefferson
Street enhancement project. Robenalt stated there are features that would not be constructed
should the grant not be awarded. Jennifer Hensley, Downtown Development Authority Financial
Coordinator, stated the upgrade to the children's play area and the shade structure are not
currently budgeted.
Councilmember Cunniff questioned the possibility this project may not meet the constitutional
provisions forming GOCO and asked if the City could choose not to accept the money. Robenalt
replied that would be Council's option.
Councilmember Cunniff stated he would support the Resolution but requested the constitutional
provisions be researched.
Councilmember Troxell questioned why this item is on Council's agenda. Robenalt replied
GOCO requires the endorsement or sponsorship by an eligible entity of an application from
another governmental entity such as the DDA.
Councilmember Troxell asked Councilmember Cunniff to address his concerns. Councilmember
Cunniff replied he is questioning whether this type of urban park comports with Article 27 of the
Colorado constitution.
Hensley noted GOCO requires information regarding the projects to ensure they are eligible
prior to the beginning of the grant process.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2015-032.
RESULT: RESOLUTION 2015-032 ADOPTED [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
18. First Reading of Ordinance No. 038, 2015, Amending the Land Use Code with Regard to City
Development Projects. (Withdrawn)
The purpose of this item is to consider amending the Land Use Code to require any development
review project in which the City is an applicant to be reviewed by the Planning and Zoning Board (P
& Z) and eliminates formal appeals to the City Council while allowing a Council override of a P & Z
decision.
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RESULT: WITHDRAWN FROM CONSIDERATION
19. Second Reading of Ordinance No. 032, 2015, Amending Section 15-609 of Article XVII of the
Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from
Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana
Product Manufacturing Facilities. (Adopted on Second Reading)
Ordinance No. 032, 2015, adopted on First Reading on February 17, 2015, by a vote of 4-3 (nays:
Campana, Troxell, Weitkunat) removes the existing prohibition on the wholesale of marijuana
between licensed businesses, not limiting the sales to Fort Collins establishments. When the retail
marijuana regulations were adopted, they included a prohibition on any wholesaling of marijuana
between businesses. This was included, and recommended, as a disincentive for marijuana
businesses to grow more than they could sell through their licensed business. Fort Collins is the
only community to have this restriction and local businesses are interested in relaxing this regulation.
Councilmember Troxell asked if the status of the state tracking system has been updated to
provide information to local law enforcement. Deputy Police Chief Don Vagge replied in the
negative.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 032, 2015, on Second Reading.
Councilmember Troxell stated he would oppose the motion as the state remains deficient in its
ability to regulate marijuana distribution and aid local law enforcement.
Mayor Pro Tem Horak supported the Ordinance as it allows Fort Collins businesses to be on a
level playing field.
RESULT: ADOPTED ON SECOND READING [4 TO 3]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Overbeck, Poppaw, Cunniff, Horak
NAYS: Weitkunat, Campana, Troxell
City Manager Atteberry commended Deputy Chief Vagge on his work for the City, noting he
will be retiring in May.
20. Items Relating to Pineridge Natural Area Encroachments. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 022, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Thomas and Sandra Gerrard.
B. Second Reading of Ordinance No. 023, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Sharon and David Bottoms.
C. Second Reading of Ordinance No. 024, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Mark and Leslie Haynam.
D. Second Reading of Ordinance No. 025, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Barry Johnson and Jane Pollack.
E. Second Reading of Ordinance No. 026, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Martin and Judith Gutschenritter.
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F. Second Reading of Ordinance No. 027, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Ward and April Whicker.
The purpose of this item is to resolve six encroachments on Pineridge Natural Area. Six property
owners who have significant and long standing encroachments on Pineridge Natural Area are
requesting that City Council approve selling them the land they are encroaching upon. While this is
highly unusual and certainly not something Natural Areas would normally recommend, both Natural
Areas staff and the Land Conservation and Stewardship Board are recommending approval due to
the unique circumstances. These Ordinances were adopted on First Reading on February 17, 2015,
by a vote of 6-1 (nays: Overbeck)
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 022, 2015, on Second Reading.
Councilmember Overbeck stated he would not support these motions citing a lack of public
process.
Mayor Pro Tem Horak disagreed stating the process was adequate.
RESULT: ORDINANCE NO. 022, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 023, 2015, on Second Reading
RESULT: ORDINANCE NO. 023, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 024, 2015, on Second Reading.
RESULT: ORDINANCE NO. 024, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 025, 2015, on Second Reading.
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RESULT: ORDINANCE NO. 025, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 026, 2015, on Second Reading.
RESULT: ORDINANCE NO. 026, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 027, 2015, on Second Reading.
RESULT: ORDINANCE NO. 027, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
21. First Reading of Ordinance No. 039, 2015, Amending Section 2-581 of the Code of the City of
Fort Collins and Setting the Salary of the City Attorney. (Adopted on First Reading)
The purpose of this item is to amend Section 2-581 of the City Code to describe the base salary of
the City Attorney.
Janet Miller, Human Resources Director, discussed the City’s compensation policies.
Mayor Pro Tem Horak discussed the negotiation process.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 039, 2015, on First Reading, with the amount of $177,000 inserted as appropriate.
Mayor Pro Tem Horak noted copies of the contract will be available for public inspection prior
to Second Reading.
RESULT: ORDINANCE NO. 039, 2015 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
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ADJOURNMENT
The meeting adjourned at 10:23 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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March 17, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Nelson
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry withdrew Item No. 7, Resolution 2015-033 Determining That a Single-
Lane, Modern Roundabout is the Preferred Alternative for the Intersection of Lincoln Avenue
and the North-South Extension of “International Boulevard”, from the Consent Calendar.
CITIZEN PARTICIPATION
The following citizens spoke in opposition to the new CSU on-campus stadium:
Beverly Hill spoke in opposition to CSU's on-campus stadium and expressed concern regarding
financing of the stadium.
Unidentified Female Citizen spoke in opposition to CSU's on-campus stadium and suggested
Council has the responsibility to affect change surrounding the stadium.
Martha Roden spoke in opposition to CSU's on-campus stadium.
Sandy Lemburg spoke in opposition to CSU's on-campus stadium and stated citizens have been
unable to provide public opinion to CSU's Board of Governors. Additionally, he encouraged
the election of new City leadership.
Elizabeth Hudetz spoke in opposition to CSU's on-campus stadium stating a majority of citizens
and students do not want the stadium.
Beth Mitchell spoke in opposition to CSU's on-campus stadium.
Nicholas Mouton spoke in opposition to CSU's on-campus stadium specifically with regard to
sustainability.
Chester McQueary spoke in opposition to CSU's on-campus stadium.
Doug Brobst spoke in opposition to CSU's on-campus stadium noting the Planning and Zoning
Board opposed the stadium.
Christian Hageseth spoke in opposition to CSU's on-campus stadium.
Caroline Franklin spoke in opposition to CSU's on-campus stadium.
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Laurel Hageseth spoke in opposition to CSU's on-campus stadium.
Rob Schmidt spoke in opposition to CSU's on-campus stadium stating the height of the stadium
would be the height of the tallest building on campus and six to eight times the footprint.
Additionally, he stated CSU will not leave Fort Collins regardless of the stadium.
Wayne Shortridge spoke in opposition to CSU's on-campus stadium stating Hughes Stadium
should be renewed.
Waydene Pixler spoke in opposition to CSU's on-campus stadium.
Beth Benscheidt spoke in opposition to CSU's on-campus stadium as being inappropriate for the
area.
Kathryn Kusmin spoke in opposition to CSU's on-campus stadium stating it is fiscally
irresponsible.
Clayton King spoke in opposition to CSU's on-campus stadium.
Kujuan Yearby spoke in opposition to CSU's on-campus stadium stating the majority of CSU
students are also opposed to the on-campus stadium.
Andi Didericksen spoke in opposition to CSU's on-campus stadium.
Chris McCartney spoke in opposition to CSU's on-campus stadium.
Casey Flemming spoke in opposition to CSU's on-campus stadium.
Carl Wangsvick stated Mayor Pro Tem Horak and Councilmember Troxell should recuse
themselves from CSU-related items given their income sources.
Tim Johnson requested the City release information regarding Councilmember Campana’s utility
fee payment reduction requests and costs to the City of dealing with the issue.
Joe Machala requested the City release information regarding Councilmember Campana’s utility
fee payment reduction requests and costs to the City of dealing with the issue.
Bill Mulwinney expressed concern regarding the upcoming election and stated Councilmembers
have not upheld the Constitution.
Ken Tharp expressed concern regarding affordable housing near public transportation.
Chris Cooper suggested the existing garden in English Ranch could be utilized this year while
input on a new location is being sought.
Ward Luthi encouraged residents to stand up for any issue they feel is important.
Catherine Douras, Women’s Commission, announced April as Sexual Assault Awareness
Month.
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Jennifer Jones, Sexual Assault Victim Advocate Center, thanked the Mayor and Council for the
Sexual Assault Awareness Month proclamation and support of sexual assault victims.
Kelly Stirkey, Sexual Assault Victim Advocate Center, thanked the Mayor and Council for the
Sexual Assault Awareness Month proclamation and support of sexual assault victims.
John Anderson read a poem.
Jen Kakel, Sexual Assault Victim Advocate Center, thanked the Mayor and Council for the
Sexual Assault Awareness Month proclamation and support of sexual assault victims.
Chelsea (no last name given), Sexual Assault Victim Advocate Center, thanked the Mayor and
Council for the Sexual Assault Awareness Month proclamation and support of sexual assault
victims.
Paulina (no last name given), Sexual Assault Victim Advocate Center, thanked the Mayor and
Council for the Sexual Assault Awareness Month proclamation and support of sexual assault
victims.
Julia Luciano, Sexual Assault Victim Advocate Center, thanked the Mayor and Council for the
Sexual Assault Awareness Month proclamation and support of sexual assault victims.
John Gascoyne discussed questionable actions by Councilmember Horak relating to his current
campaign for Council.
Erin Hadlow, Sexual Assault Victim Advocate Center, thanked the Mayor and Council for the
Sexual Assault Awareness Month proclamation and support of sexual assault victims.
Rachel Lucas, Sexual Assault Victim Advocate Center, thanked the Mayor and Council for the
Sexual Assault Awareness Month proclamation and support of sexual assault victims.
Isabella Sisneros stated more gardens and open space are needed in the community in order to
connect humans to others. She also spoke in opposition to the on-campus stadium.
Kevin Kruglet encouraged the use of the new pedi-cab service in town.
David Ham suggested the City control its growth and opposed the on-campus stadium.
Mike Pruznick requested Council take decisive action to end rape among homeless individuals.
Cheryl Distaso, Fort Collins Community Action Network, opposed the on-campus stadium and
discussed the need for lockers for homeless individuals.
Thomas Edwards, Fort Collins Bicycle Coalition, encouraged additional enforcement of bicycle
laws in Fort Collins.
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CITIZEN PARTICIPATION FOLLOW-UP
Mayor Weitkunat thanked those who spoke regarding Sexual Assault Awareness Month.
Councilmember Troxell stated the City looked into the issue raised by Mr. Mulwinney and found
it to be unsubstantiated. Additionally, the Ethics Committee has found he does not have a
conflict of interest relating to the stadium issue. He noted issues with the on-campus stadium
should to be addressed to the Board of Governors and the Governor of Colorado.
Councilmember Poppaw thanked the citizens who spoke and asked if gardening at the existing
English Ranch garden would be a possibility. Jeff Mihelich, Deputy City Manager, replied the
new garden should be ready in time for the spring planting season.
Councilmember Cunniff thanked the citizens who spoke and requested a report regarding
Council’s code of conduct policy in relation to Councilmember Campana’s conflict of interest
issue. City Manager Atteberry replied Council has adopted an ordinance regarding disclosure
and an internal administrative policy has been adopted regarding disclosure to the City Manager,
City Attorney and City Clerk.
Councilmember Cunniff requested a report regarding the effectiveness of these policies in
increasing transparency. Additionally, he requested information regarding the effectiveness of
the lockers in the Murphy Center.
Mayor Pro Tem Horak requested the City Attorney discuss the letter written to Mr. Luthi. City
Attorney Daggett replied Mayor Pro Tem Horak contacted her regarding comments Mr. Luthi
had made regarding the City’s authority in case law; as a result, she emailed Mr. Luthi regarding
the information he had in terms of such case law.
Mayor Pro Tem Horak noted he has disclosed his wife’s employment by CSU and his ownership
of bonds put out by CSU.
CONSENT CALENDAR
Eric Sutherland withdrew Item Nos. 2 and 3, Items Relating to the Downtown Development
Authority and Second Reading of Ordinance No. 035, 2015, Establishing Rental Rates and
Delivery Charges for Use of the City's Raw Water for the 2015 Irrigation Season, from the
Consent Calendar.
Councilmember Campana made a motion, seconded by Councilmember Poppaw, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
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1. Consideration and Approval of the Minutes of the February 17, 2015 Regular Council Meeting
and the February 24, 2015 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the February 17, 2015 Regular Council
meeting and the February 24, 2015 Adjourned Council meeting.
2. First Reading of Ordinance No. 041, 2015, Appropriating Reserves in the Wastewater Fund for
the Replacement of Two Damaged Trucks. (Adopted)
The purpose of this item is to appropriate $272,794 in Reserves in the Wastewater Fund to replace
two damaged trucks. In 2014, $222,794 in unanticipated revenue was received from the Risk
Management Fund and from insurance proceeds to compensate the Wastewater Utility for two trucks
that were totaled in separate accidents. The $222,794 in unanticipated revenue contributed to
increased Wastewater Reserves at year-end 2014 in this same amount. Due to the cost of replacing
one of the trucks, an additional $50,000 is to be appropriated from the Wastewater Utility Capital
Outlay Reserve which is reserved for equipment purchases. The Capital Outlay Reserve currently
totals $657,300. The 2015 supplemental appropriation will be used to replace both trucks.
3. First Reading of Ordinance No. 042, 2015, Amending Chapter 26 of the Code of the City of
Fort Collins to Clarify the Conditions Under Which a Development May Defer Stormwater and
Drainage Facility Requirements to Obtain a Certificate of Occupancy by Providing Certain
Escrows as Assurance of Completion. (Adopted)
The purpose of this item is to amend Chapter 26 of City Code, which provides developers an option
for obtaining a certificate of occupancy prior to completion of installation, certification, and
acceptance of stormwater and drainage facilities. This amendment provides clarification as to when
this is allowable, initiates a non-refundable fee for processing and tracking the escrow, and timelines
for completion of the work associated with the escrow.
4. First Reading of Ordinance No. 043, 2015, Authorizing the Acquisition by Eminent Domain of
Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect
Road and Timberline Road Intersection Improvements Project (Adopted)
The purpose of this item is to obtain authorization from City Council to use eminent domain, if
deemed necessary, to acquire property interests needed to construct improvements at the Prospect
Road and Timberline Road intersection. The Prospect Road and Timberline Road Intersection
Improvements will construct safety and congestion mitigation improvements at the intersection, and
on Timberline Road from Prospect Road south to Blackbird Drive. The project is planned to begin
construction in the spring of 2016 and be completed by the fall of 2016. To construct these
improvements, the City will need to acquire certain property interests adjacent to the project area.
The acquisitions include right-of-way, permanent easements, and temporary easements from four
property owners. Timely acquisition of the property is necessary to meet the anticipated construction
schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that
all property negotiations can be completed prior to the start of the Project. Staff is requesting
authorization of eminent domain for all property acquisitions for the Project only if such action is
deemed necessary.
5. Resolution 2015-033 Determining That a Single-Lane, Modern Roundabout is the Preferred
Alternative for the Intersection of Lincoln Avenue and the North-South Extension of
“International Boulevard.” (Withdrawn)
The purpose of this item is to approve a single-lane, modern roundabout intersection at Lincoln
Avenue and the north-south extension of International Boulevard. The adopted Master Street Plan
anticipates a new arterial-arterial intersection between Lincoln Avenue east of Lemay Avenue and a
north-south extension of ‘International Boulevard’. In accordance with Resolution 2001-120, an
Alternatives Analysis was completed for this intersection. The conclusions of the Alternatives
Analysis show that a single-lane, modern roundabout is the preferred alternative for this intersection.
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This project is not a part of or within the boundaries of the recently approved Lincoln Corridor
Improvement Project.
6. Resolution 2015-034 Authorizing the Purchasing Agent to Lease Additional Vehicles and
Equipment Under the City's Standard Master Lease Agreement with Pinnacle Public
Financing, Inc. (Adopted)
The purpose of this item is to request approval of the lease-purchase of vehicles and equipment for
the cost of $2,239,424 under the City’s Master Lease Agreement with Pinnacle Public Finance and
the “First Amendment” to that Agreement (jointly, the “Agreement”). Quarterly Payments of
$118,398 at the 2.15% interest rate will not exceed $236,796 in 2015. Money for 2015 lease-
purchase payments is included and appropriated in the 2015 budget. A competitive process was
used to select Pinnacle Public Finance for this Agreement. A 2015 Finance Department analysis of
current and historical equipment lease financing arrangements showed that lease-purchase is in the
best interest of the City given the interest rate offered for the lease. Staff believes acceptance of this
lease rate is in the City's best interest.
7. Resolution 2015-035 Making an Appointment to the Northern Colorado Airport Commission.
(Adopted)
The purpose of this item is to appoint Thomas Fleming to a four year term to the Northern Colorado
Regional Airport Commission (the "Commission"). The Intergovernmental Agreement ("IGA")
between the owners of the Municipal Airport, the cities of Fort Collins and Loveland, provides for a
selection committee of two Councilmembers from each City to make recommendations for
appointment to the Commission.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Mayor Weitkunat noted an appointment of the Fort Collins member to the Northern Colorado
Airport Commission was made.
STAFF REPORTS
Ginny Sawyer, Policy and Project Manager, reported on the Friendship City partnership
agreement with San Cristobal and announced a children’s marimba virtual concert on April 30
th
.
Beth Sowder, Social Sustainability Director introduced Vanessa Fenley, Homeward 2020
Executive Director. Ms. Fenley discussed Homeward 2020’s annual point-in-time survey of
homeless individuals noting an increase in the number of individuals experiencing chronic
homelessness and an increase in the number of homeless veterans.
Sowder announced the opening of Redtail Ponds, a permanent supportive housing project and
noted lockers were installed at the Murphy Center. Additionally, she discussed an upcoming
planning session regarding future action steps to address homelessness.
Councilmember Overbeck asked how many lockers were installed. Sowder replied 76 new
lockers were recently added.
Councilmember Cunniff thanked Ms. Fenley and Ms. Sowder, as well as the Housing Authority.
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COUNCILMEMBER REPORTS
Mayor Weitkunat reported on the National League of Cities meetings attended by Council.
Councilmember Campana reported on his participation at the National League of Cities meetings
and specifically commended Mayor Weitkunat on her accomplishments on a federal level on
behalf of the City.
Councilmember Poppaw commended Dan Weinheimer on his organization of the National
League of Cities meetings for Council.
Councilmember Troxell noted discussions were held with the Federal Railroad Administration
and a waiver for train horn noise in town was presented.
Councilmember Overbeck reported on the formation of a new park in the Maple Hill
neighborhood.
Mayor Weitkunat discussed the importance of the Colorado Municipal League in the National
League of Cities meetings and encouraged the formation of a youth coalition in Fort Collins.
Additionally, she discussed the variety of ways in which Fort Collins is represented both
statewide and nationally by its Councilmembers.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
DISCUSSION ITEMS
8. Items Relating to the Appointment, Salary and Employment Contract of the City Attorney.
(Adopted)
A. Resolution 2015-036 Appointing Carrie Daggett as City Attorney and Approving the City
Attorney’s Employment Agreement.
B. Second Reading of Ordinance No. 039, 2015, Amending Section 2-581 of the Code of the City of
Fort Collins and Setting the Salary of the City Attorney.
C. Administration of Oath of Office for the City Attorney.
The purpose of the resolution is to appoint Carrie Daggett as the new City Attorney and to approve
the employment agreement of the City Attorney. Ordinance No. 039, 2015, unanimously adopted on
First Reading on March 3, 2015, establishes the 2015 salary of the City Attorney at $177,000.
Janet Miller, Human Resources Director, briefly discussed the recruitment process and ultimate
salary and employment contract for City Attorney Carrie Daggett.
Carl Wangsvick stated disclosure of conflicts of interest does not exempt Councilmembers from
recusal and requested Mayor Pro Tem Horak recuse himself from this vote stating he violated the
City Charter.
Mike Pruznick opposed certain determinations of City Attorney Daggett.
Councilmember Poppaw made a motion, seconded by Councilmember Campana, to adopt
Resolution 2015-036.
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Councilmember Poppaw commended City Attorney Daggett and her work for the City.
Councilmember Troxell discussed the open recruitment process and commended City Attorney
Daggett.
Councilmember Cunniff stated he would support the motion.
Councilmember Campana commended City Attorney Daggett on her work for the City.
Mayor Pro Tem Horak discussed his role in the accusations made by Mr. Wangsvick and
commended City Attorney Daggett on her work for the City.
Mayor Weitkunat commended City Attorney Daggett on her work and passion for the City.
RESULT: RESOLUTION 2015-036 ADOPTED [UNANIMOUS]
MOVER: Lisa Poppaw, District 2
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Councilmember Poppaw made a motion, seconded by Councilmember Troxell, to adopt
Ordinance No. 039, 2015, on Second Reading.
RESULT: ORDINANCE NO. 039, 2015 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Lisa Poppaw, District 2
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
City Clerk Nelson administered the Oath of Office to City Attorney Daggett.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
Mayor Weitkunat suspended the rules to allow the two citizen-pulled consent items to be
considered prior to the Colorado State University IGA item.
12. Items Relating to the Downtown Development Authority. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 033, 2015 Appropriating Unanticipated Tax Increment
Revenues in the Fort Collins, Colorado Downtown Development Authority Fund for Expenditure
on Projects and Programs in Accordance with the Downtown Plan of Development.
B. Second Reading of Ordinance No. 034, 2015, Appropriating Unanticipated Revenue from Interest
Earnings and Reappropriating Existing Project Funds for Expenditure on Projects and Programs
in Accordance with the Downtown Plan of Development.
These Ordinances, unanimously adopted on First Reading on March 3, 2015, appropriate certain
unanticipated revenues and reappropriate certain funds previously committed for projects and
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programs under the Downtown Plan of Redevelopment. Ordinance No.033, 2015, appropriates
$63,205 in unanticipated revenue for use in the Old Town Square Renovation. This ordinance also
includes the repayment of the 2015 Revolving Line of Credit Draw #2, in the amount of $63,205 from
the Downtown Development Authority Debt Service Fund. Ordinance No. 034, 2015, appropriates
unanticipated revenue from interest earnings in the amount of $29,220, and will also reappropriate
previously committed project funds in the amount of $438,611 for use in the Old Town Square
Renovation.
Mike Pruznick opposed the process involving suspension of the rules and opposed the amount of
funding granted to the Downtown Development Authority.
Nancy York expressed concern regarding the Downtown Development Authority not being held
to the same standards as the City, particularly with regard to the Climate Action Plan.
Councilmember Campana made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 033, 2015, on Second Reading.
Councilmember Cunniff noted this item would not allot extra money to the DDA; it is simply an
official allocation.
RESULT: ORDINANCE NO. 033, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Councilmember Campana made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 033, 2015, on Second Reading.
RESULT: ORDINANCE NO. 034, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
13. Second Reading of Ordinance No. 035, 2015, Establishing Rental Rates and Delivery Charges
for Use of the City's Raw Water for the 2015 Irrigation Season. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on March 3, 2015, sets rates and charges for
the rental and delivery of the Utilities raw water supplies. These rates are used to invoice
agricultural, contractual and other water users.
On First Reading, the agenda item summary (AIS) indicated that the typical rental rate per Water
Supply and Storage Company (WSSC) share is $1,600 over the annual assessment per
share. However, this was a typographical error as the typical rental rate per WSSC share is $600
over the annual assessment per share. This has been corrected in the ordinance. The resultant
rental rate per WSSC share is still $3,500 per share, as indicated in the AIS on First Reading.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 035, 2015, on Second Reading.
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RESULT: ORDINANCE NO. 035, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
DISCUSSION ITEMS
9. Resolution 2015-037 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Colorado State University Regarding Infrastructure Improvements and Event Day Operations
Related to an On-Campus Stadium. (Adopted)
The purpose of this item is to approve an intergovernmental agreement between the City of Fort
Collins and Colorado State University regarding infrastructure improvements and event day
operations related to an on-campus stadium. CSU is moving forward with plans to build a new on-
campus stadium for football and other events. Construction and operation of the stadium will have
significant impacts on nearby residents and the community in general, and representatives of the
City and CSU have been negotiating an intergovernmental agreement to outline measures to
mitigate that impact and establish the commitment of CSU to take specific steps to mitigate those
impacts.
Jeff Mihelich, Deputy City Manager, noted the proposed Intergovernmental Agreement (IGA)
does not take a stand for or against the stadium, but rather attempts to protect surrounding
neighborhoods and provide mitigation and funding for impacts. He detailed proposed parking
plans and pedestrian and bicycle crossings. Additionally, Mihelich discussed improvements for
which Colorado State University has agreed to provide funding and the plans for neighborhood
involvement. He also discussed lighting and noise abatement and construction standards and
noted the IGA specifically states CSU is solely responsible for funding all utility, turn lane,
intersection control, signalization, enhanced law enforcement, litter abatement, bike and
pedestrian improvements, transit enhancements, and signage improvements. Mihelich also noted
the adoption of the IGA will help ensure necessary improvements are in place prior to the
stadium opening.
Joe Machala spoke in opposition to the adoption of the IGA stating it is not a binding agreement.
Shelby Robinson spoke in opposition to the adoption of the IGA stating CSU should be required
to meet firm carbon neutrality standards.
Nancy York spoke in opposition to the adoption of the IGA stating CSU should be required to
meet firm carbon neutrality standards.
John Anderson spoke in opposition to the adoption of the IGA.
Dan Leatherman spoke in opposition to the adoption of the IGA.
Kevin Cross, Fort Collins Sustainability Group, spoke in opposition to the adoption of the IGA
stating the climate impact of the new stadium should be required to be minimized.
Beverly Hill spoke in opposition to the adoption of the IGA citing financial concerns and stating
there are few if any citizens in support of the new stadium.
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Elizabeth Hudetz spoke in opposition to the adoption of the IGA citing financial, noise, and
traffic impacts to the City.
Dolores Williams spoke in opposition to the adoption of the IGA stating the stadium would not
be allowed by the City's planning and zoning regulations.
Liz Pruzner spoke in opposition to the adoption of the IGA expressing concern there are
significant omissions from the agreement. She stated the IGA should require CSU to continue to
fund impacts throughout the life of the stadium.
Jonathan Carnahan spoke in opposition to the adoption of the IGA.
Clayton King spoke in opposition to the adoption of the IGA stating its adoption should be tabled
at least until the item is considered by the ASCSU Senate.
Lynn DeBeers spoke in opposition to the adoption of the IGA questioning how it will be
enforced.
Jean Yule spoke in opposition to the adoption of the IGA and supported the renewal of Hughes
Stadium.
Nancy Tellez spoke in opposition to the adoption of the IGA.
Linda Vrooman spoke in opposition to the adoption of the IGA questioning traffic and other
impacts.
John Yule spoke in opposition to the adoption of the IGA, citing unresolved issues, and
supported the renewal of Hughes Stadium.
Beth Mitchell spoke in opposition to the adoption of the IGA stating CSU and Dr. Frank should
not be trusted.
Doug Brobst spoke in opposition to the adoption of the IGA stating it cannot possibly address
quality of life issues. He noted there are no individuals in attendance in support of the stadium.
Kujuan Yearby spoke in opposition to the adoption of the IGA stating students should be more
involved in decision making.
Nicholas Mouton spoke in opposition to the adoption of the IGA stating its language is not
concrete enough.
Doug Henderson spoke in opposition to the adoption of the IGA stating firm commitments have
not been made to minimize and mitigate climate impacts.
Wesley Alonzo spoke in opposition to the adoption of the IGA and supported the renewal of
Hughes Stadium.
Bob Vangermeesch spoke in opposition to the adoption of the IGA stating CSU needs the IGA in
order to acquire its bonds.
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Chester McQueary spoke in opposition to the adoption of the IGA stating the City should insist
on the creation of an environmental impact statement.
Rob Schmidt spoke in opposition to the adoption of the IGA stating a City-wide vote should
occur.
Isabella Sisneros spoke in opposition to the adoption of the IGA.
Bill Tucker spoke in opposition to the adoption of the IGA specifically questioning traffic
impacts.
Carol Hassan spoke in opposition to the adoption of the IGA specifically questioning traffic,
train and noise impacts.
Leo Franzone spoke in opposition to the adoption of the IGA stating the stadium is not necessary
for bringing attention to CSU.
Andi Didericksen spoke in opposition to the adoption of the IGA.
Mike Pruznick spoke in opposition to the adoption of the IGA and opposed the make-up of the
stadium advisory group.
Beth Benscheidt spoke in opposition to the adoption of the IGA stating a City-wide vote should
occur.
Waydene Pixler spoke in opposition to the adoption of the IGA.
Wayne Shortridge spoke in opposition to the adoption of the IGA.
Jimmy De La Franca spoke in opposition to the adoption of the IGA.
Tim Johnson expressed concern regarding possible conflicts of interest for Councilmembers
Horak and Troxell.
Paul Smith expressed concern regarding the impact of global climate change on local economics.
Councilmember Cunniff thanked the speakers and asked if the study on the Prospect and College
intersection was completed when CSU was in session. Mihelich replied in the affirmative.
Councilmember Cunniff asked about the discussion of future uses for Hughes Stadium.
Mihelich replied Hughes Stadium is outside of the City's planning area; therefore, it is not
appropriate to be included in the IGA. City Manager Atteberry noted Dr. Frank has expressed
interest in that collaboration in the future.
Councilmember Cunniff noted this IGA addresses only $8 million of the $30-40 million CSU
has set aside to fund infrastructure improvements. Mihelich replied the mitigation report
developed in late 2014 resulted in a range of improvements of $13-22 million. The $8 million
figure includes items for which firm costs are known and which CSU has agreed to fund. Future
improvements which need additional study, but are included in the IGA, include the grade-
separated crossing at Shields and Elizabeth, Prospect and College improvements, Prospect
corridor improvements, and Lake/Centre intersection improvements.
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Councilmember Cunniff asked about the inclusion of the "strive to" language with regard to
meeting the City's noise ordinance. Mihelich replied the City is not able to enforce its noise
ordinance on the stadium itself; however, CSU has agreed to be made aware of the requirements
and attempt to modify non-football related events to meet those standards.
Councilmember Cunniff asked about the inclusion of the City's carbon neutrality goals.
Mihelich replied CSU has stated its goal is to meet gold LEED certification during construction
and be carbon neutral in operation; however, it is not committed specifically to these goals with
the stadium.
Councilmember Cunniff asked about the appropriation clause. Mihelich replied the IGA does
not specifically address appropriation; however, it does allow either party to terminate the
agreement at a future date as it is a voluntary agreement. Amy Parsons, CSU Vice-President of
Operations, replied the appropriations language referenced is required by state law.
Councilmember Cunniff asked if the noise impact of the cannon during football games was
discussed. Mihelich replied in the negative.
Councilmember Cunniff asked about the make-up of the stadium advisory group. Mihelich
replied the inclusion of business owners in the group was an idea suggested by the Planning and
Zoning Board. Additionally, two representatives from CSU and one from the City will be
included. The remaining members are at-large and could certainly be residents of adjoining
neighborhoods.
Mayor Weitkunat noted Council and the City have been insistent this IGA be pursued and asked
why that has occurred at this point in time. Mihelich replied Council has insisted on the
development of a detailed mitigation plan to lessen the impacts of the stadium as much as
possible and stated the focus of the IGA, at Council's direction, has been the interest of the
neighborhoods.
Councilmember Troxell asked if the definition of "main campus" has been made clear. Mihelich
replied specific language is included in the IGA and the main campus is the central core with the
south campus being Centre Avenue and south; however, CSU considers all of the property to be
campus and the IGA does not address infrastructure improvements as being part of either the
main or south campus.
Councilmember Troxell stated the relationship between CSU and the City needs to be
approached more holistically. He asked about the possible use of eminent domain. Mihelich
replied he does not have any comments regarding eminent domain with respect to the IGA but
stated additional discussions regarding what eminent domain powers the state has granted to
CSU will be held.
Councilmember Troxell supported the inclusion of mandatory reviews in the IGA.
Councilmember Campana suggested the postponement or non-approval of the IGA would not
prevent the stadium from moving forward and stated the IGA has been vetted as much as
possible.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt
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Resolution 2015-037.
Councilmember Troxell expressed regret this issue has divided the city and stated this IGA is a
step toward working cooperatively with CSU.
Mayor Weitkunat noted actions taken with this IGA, regardless of whether or not the stadium is
built, will aid in bringing needed improvements to the city.
Councilmember Cunniff argued there is more the City could do to ensure that the stadium or any
other CSU project would be compatible with the surrounding neighborhoods. Additionally, he
noted neighborhoods were built around Hughes Stadium after the stadium was in place, while the
new stadium would impact existing neighborhoods. He stated he would not support the IGA as
it does not protect neighborhoods as requested by citizens.
Councilmember Campana stated this IGA does not hurt the City and expressed appreciation for
citizen input.
RESULT: RESOLUTION 2015-037 ADOPTED [4 TO 3]
MOVER: Gino Campana, District 3
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Campana, Troxell, Horak
NAYS: Overbeck, Poppaw, Cunniff
10. Resolution 2015-038 Adopting the West Central Area Plan as an Element of the
Comprehensive Plan of the City and Repealing the West Central Neighborhoods Plan as an
Element of the City's Comprehensive Plan. (Adopted)
The purpose of this item is to adopt the West Central Area Plan (the "Plan") comprised of the
neighborhoods south and west of the CSU Main Campus. Subarea plans are a key component in
implementing the City Plan vision to create an overall community that is innovative, sustainable and
connected. The West Central Area Plan will help citizens address a wide variety of challenges and
opportunities to ensure that these neighborhoods continue to be great places to live, work, shop,
learn and play. The Plan strives to provide policy, guidance and direction on three primary topics:
Land Use and Neighborhood Character, Transportation and Mobility, and Open Space Networks. In
addition, other subject areas include urban design, housing, community facilities, and a strategic
approach to delivering effective public services.
The Plan also includes new conceptual designs for Prospect Road and Lake Street (from Shields
Street to College Avenue), which are intended to improve the safety and comfort of pedestrians,
bicycles, buses and cars on both roadways. The Plan also considers various alternatives for making
a range of improvements along Shields Street between Prospect Road and Laurel Street, including a
potential grade-separated crossing. Extensive public outreach was conducted over the course of the
planning process using a range of strategies. Beginning in January 2014 and concluding with an
open house in March 2015, a broad range of citizens, a stakeholder committee, and various
organizations have participated and contributed to the formation of the Plan.
Laurie Kadrich, Community Development and Neighborhood Services Director, briefly
introduced the item.
Ted Shepard, Chief Planner, stated the West Central Area Plan builds upon the 1999 West
Central Neighborhoods Plan and the Student Housing Action Plan and discussed the public input
process as well as the overall layout of the Plan.
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Rebecca Everette, City Planner, discussed the various action items and open space components
included in the Plan.
Amy Lewin, Senior Transportation Planner, discussed the transportation and mobility aspects of
the Plan and detailed proposed plans for Prospect Road and Lake Street.
Paul Anderson supported adoption of the West Central Area Plan and the “U+2”’ Ordinance.
Mike Pruznick asked about the inclusion of a CSU medical facility at Prospect and College and
about the City’s ownership of a parcel at that corner.
Lynn DeBeers asked about the rental components of the Plan.
Kristy Bird, Northern Colorado Rental Housing Association, supported adoption of the Plan but
did not support a rental registration or licensing program.
Eric Sutherland questioned the City’s planning efforts and stated growth does not pay its own
way.
Ed Pierce supported adoption of the Plan but questioned whether or not the “U+2” Ordinance is
being enforced.
Thomas Edwards asked when Lake Street will be taken over by CSU.
Shepard stated the northwest corner of Prospect and College is not part of CSU’s main campus
and noted the City would have jurisdiction over the review of any medical building through the
Site Plan Advisory Review process.
City Manager Atteberry noted the City-owned land at the intersection of Prospect and College is
for future expansion of the intersection.
Mayor Weitkunat requested staff input regarding the “U+2” Ordinance and its enforcement.
Kadrich replied the Code Enforcement office has had one full-time staff member dedicated to
enforcement of this Ordinance and a second staff member has been recently added. A more
proactive approach is being taken in areas with repeat complaints.
Mayor Weitkunat requested staff input regarding rental registration and licensing programs.
Shepard replied the Plan includes a mid-term action item to form an exploratory committee to
evaluate the feasibility and potential effectiveness of a citywide landlord registration or licensing
program. Additionally, a Neighborhood Renewal Program is being developed by the Social
Sustainability Department.
Mayor Weitkunat discussed the importance of alerting the entire community about the possible
licensing and registration program.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2015-038.
Mayor Pro Tem Horak discussed the importance of systematically dealing with both sides of the
rental issue.
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Councilmember Cunniff stated this Plan includes many items which will aid in improving the
neighborhoods included in the area and commended staff for work on the Plan. Additionally, he
questioned the process for high-intensity use parcels. Shepard noted the Plan does not radically
change any zone districts in terms of permitted uses.
Councilmember Overbeck commended the public input process.
Councilmember Troxell noted the importance of addressing rental issues with the inclusion of
the nuisance Ordinance and expressed full support of the Plan as presented.
Mayor Pro Tem Horak commended the format of the Plan.
Councilmember Campana supported the Plan and public engagement process.
Mayor Weitkunat commended the Plan and discussed the importance of community engagement.
RESULT: RESOLUTION 2015-038 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Motion to Extend the Meeting
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to extend the
meeting past 10:30 p.m.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
11. Resolution 2015-039 Adopting the Nature in the City Strategic Plan as an Element of the
Comprehensive Plan of the City. (Postponed to March 24, 2015)
The purpose of this item is to seek City Council approval of the Nature in the City Strategic Plan as
an element of the City's Comprehensive Plan. Nature is a defining characteristic of Fort Collins; the
community has a 40-year history of protecting nature in the city and region. Nature in the City is a
long-term planning effort that capitalizes on these efforts to protect and integrate nature into the
community’s fabric through a variety of regulatory, policy, outreach and collaborative solutions on
public and private lands.
RESULT: POSTPONED TO March 24, 2015 [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
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OTHER BUSINESS
Motion to cancel the April 7, 2015 Regular Council meeting. (Municipal Election)
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to cancel the
April 7, 2015 regular Council meeting as permitted under Section 2-28(a) of the City Code due
to the municipal election on that date.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Call of Special Meeting for 6:00 p.m., Tuesday, April 14, 2015. (Organizational Meeting)
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to call a special
Council meeting on April 14, 2015 at 6:00 p.m. for the purpose of swearing in the Mayor and
City Councilmembers elected at the April 7th municipal election as permitted under Section 2-
29(a) of the City Code.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
p.m. on March 24, 2015, to consider such matters as may come before the Council including a
possible Executive Session and any items not addressed tonight.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
The meeting adjourned at 10:54 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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March 24, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ABSENT:
Staff present: Atteberry, Daggett, Nelson
1. Resolution 2015-039 Adopting the Nature in the City Strategic Plan as an Element of the
Comprehensive Plan of the City. (Adopted)
The purpose of this item is to seek City Council approval of the Nature in the City Strategic Plan as
an element of the City's Comprehensive Plan. Nature is a defining characteristic of Fort Collins; the
community has a 40-year history of protecting nature in the city and region. Nature in the City is a
long-term planning effort that capitalizes on these efforts to protect and integrate nature into the
community’s fabric through a variety of regulatory, policy, outreach and collaborative solutions on
public and private lands.
Karen Cumbo, Planning, Development and Transportation Director, discussed the evolution of
this project.
Lindsay Ex, Senior Environmental Planner, discussed the community's development patterns and
stated this Plan is designed to address how to balance the urban infill and redevelopment goals
with the desire to preserve Fort Collins' small town feel and access to nature in the city. Ex
detailed the process used to develop the project, including its three phases of inventory and
assessment, strategic plan, and implementation.
Justin Scharton, Environmental Planner, discussed the second phase of Nature in the City, the
strategic plan, and noted it has involved partnerships between several City departments, external
entities and public. The vision of the Plan is to create a connected open space network that
balances the desire of residents to access nature with the need for wildlife habitat and went on to
detail the goals of the plan.
Ex discussed the implementation aspect of the Strategic Plan and stated action items have begun,
including demonstration projects and the continuation of monitoring. Additionally, design
guidelines and Land Use Code changes, as well as the dark skies policy, will be brought before
Council in the future.
Eric Sutherland commented on the Boxelder Stormwater Authority and the use of conservation
easements.
Mike Pruznick expressed general support for the Nature in the City Plan and discussed utilizing a
systems approach to address the plan.
Mayor Weitkunat commended the report format and photographs.
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Councilmember Overbeck asked how the dark skies aspect will be measured. Scharton replied
the City has partnered with the National Park Service night sky national office to measure night
sky quality.
Councilmember Overbeck asked if there is a goal associated with the dark sky issue. Scharton
replied staff is currently working to develop a night sky ordinance or policies; however, a
specific goal has yet to be identified.
Councilmember Overbeck commended the Plan and public process and suggested the placement
of a living wall or other resource in the Midtown area.
Councilmember Cunniff commended the Plan and asked how possible funding options will be
evaluated. Ex replied funding options are not limited to City options and referenced an appendix
of the plan dedicated to possible funding sources.
Councilmember Cunniff asked if the International Dark Sky Association has been contacted.
Scharton replied a call is scheduled with the organization next week.
Mayor Pro Tem asked about the use of Natural Areas funds. John Stokes, Natural Areas
Director, replied Natural Areas funds have been included as a funding source and noted there is a
wide range of possibilities for sharing resources.
Councilmember Troxell commended the Plan and complimented staff on public outreach and the
use of partnerships.
Mayor Weitkunat commended the Plan and suggested incorporating schools as part of the citizen
science projects. Additionally, she suggested public-private partnerships with HOAs and
gardening companies and asked about the inclusion of water and ditch companies. Ex replied
staff is meeting with Poudre School District to discuss ways to engage students and announced a
pilot program with landscape companies to plant trees as part of the West Central Area Plan.
Additionally, water conservation issues are being considered and could be explicitly outlined in
the Plan if desired.
Mayor Pro Tem Horak suggested active engagement with ELCO and the Fort Collins Loveland
Water District as well as other entities in the urban growth area.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2015-039.
Councilmember Troxell discussed the importance of resiliency planning and agreed with the
importance of public-private partnerships.
Councilmember Campana commended the document and its holistic approach.
Councilmember Cunniff noted Natural Areas funds will not be a sole funding source.
Mayor Pro Tem Horak suggested an early implementation item should involve gaining a better
understanding of how Natural Areas fits with Nature in the City.
Councilmember Cunniff noted Natural Areas funds need to be spent according to the intentions
of voters and the outline of the City's Strategic Plan.
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RESULT: RESOLUTION 2015-039 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Councilmember Cunniff noted the future Council will consider the Comcast agreement and
suggested those deliberations be made as public as possible.
ADJOURNMENT
The meeting adjourned at 6:43 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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April 14, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Nelson
OUTGOING COUNCILMEMBER COMMENTS
Councilmember Poppaw expressed appreciation specifically for David Roy, Aislinn Kottwitz,
Ross Cunniff, and Bob Overbeck. She thanked friends and staff members and expressed
gratitude to City Manager Atteberry. Additionally, Councilmember Poppaw thanked her family
and congratulated the newly elected Councilmembers.
Councilmember Troxell thanked his family for their support and welcomed Councilmember
Stephens. Additionally, he commended former Councilmember Kastein on his service.
Mayor Weitkunat stated she has been honored to serve the community of Fort Collins as Mayor.
She mentioned accomplishments of the past four years and expressed pride in the community.
OATHS OF OFFICE - NEWLY ELECTED MAYOR AND COUNCILMEMBERS
District 2 Councilmember Martinez, District 4 Councilmember Stephens, District 6 Councilmember
Horak, and Mayor Troxell will take their oaths of office at this time.
City Clerk Nelson administered the oaths of office to newly elected Councilmembers Martinez
and Stephens and Mayor Troxell.
AGENDA REVIEW
City Manager Atteberry noted the Rules of Procedure for Special Meetings include the same
business items as Regular Meetings.
City Attorney Daggett noted a request for a recount was filed in the District 6 Council race;
therefore, the certification for the District 6 race is not yet final. As all Councilmembers serve
until such time as a successor is elected, Councilmember Horak will remain in his seat until the
recount process is complete and a final certification on the District 6 race is issued by City Clerk
Nelson.
CITIZEN PARTICIPATION
Lawrence Budd commented on a pit bull bite of a 9 year-old girl and requested Fort Collins ban
the breed.
Jack Daniels encouraged Council to keep up the good work in making Fort Collins a wonderful
place to live.
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Jerry Gavaldon congratulated the incoming Councilmembers.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Cunniff requested a summary of pit bull issues in other communities.
Councilmember Overbeck requested statistics regarding pit bull bites in the city, as well as input
from the Humane Society.
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the Poudre Heritage Alliance meeting and the creation of
a video discussing the history and heritage of the Poudre River.
NEWLY ELECTED COUNCILMEMBERS WILL BE SEATED
1. Resolution 2015-040 Expressing Gratitude and Appreciation to Lisa Poppaw for Her
Contributions to the Community as a Councilmember. (Adopted)
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2015-040. Councilmember Cunniff read the Resolution expressing gratitude and
appreciation to Lisa Poppaw for her contributions to the community as a Councilmember.
Aislinn Kottwitz commended outgoing Councilmember Poppaw.
Darcy McClure expressed gratitude to outgoing Councilmember Poppaw and congratulated the
incoming Council.
Jennifer Williams expressed gratitude to outgoing Councilmember Poppaw.
City Manager Atteberry presented outgoing Councilmember Poppaw with a token of the City's
appreciation.
Councilmember Cunniff thanked outgoing Councilmember Poppaw for her service.
Councilmember Overbeck thanked outgoing Councilmember Poppaw for her service.
Councilmember Campana thanked outgoing Councilmember Poppaw for her service.
Councilmember Martinez thanked outgoing Councilmember Poppaw for her service.
Mayor Troxell thanked outgoing Councilmember Poppaw for her service.
RESULT: RESOLUTION 2015-040 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Martinez, Campana, Troxell, Cunniff, Horak
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2. Resolution 2015-041 Expressing Gratitude to Wade Troxell for His Contributions to the
Community as a Councilmember. (Adopted)
Councilmember Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2015-041. Councilmember Horak read the Resolution expressing gratitude and
appreciation to Wade Troxell for his contributions to the community as a Councilmember.
Eric Kronwall commended Mayor Troxell for his service as a Councilmember.
City Manager Atteberry presented Mayor Horak with a token of the City's appreciation for his
service as a Councilmember.
Councilmember Campana commended Mayor Troxell on his service as a Councilmember.
Councilmember Cunniff commended Mayor Troxell on his service as a Councilmember.
Councilmember Horak commended Mayor Troxell on his service as a Councilmember.
Councilmember Stephens commended Mayor Troxell on his service as a Councilmember.
Councilmember Martinez commended Mayor Troxell on his service as a Councilmember.
Councilmember Overbeck commended Mayor Troxell on his service as a Councilmember.
RESULT: RESOLUTION 2015-041 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Stephens, Overbeck, Martinez, Campana, Troxell, Cunniff, Horak
3. Resolution 2015-042 Expressing Gratitude and Appreciation to Karen Weitkunat for Her
Contributions to the Community as Mayor. (Adopted)
Councilmember Horak made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2015-042. Councilmember Horak read the Resolution expressing gratitude and
appreciation to Karen Weitkunat for her contributions to the community as Mayor.
Aislinn Kottwitz thanked outgoing Mayor Weitkunat for her service and friendship.
Robert Howe thanked outgoing Mayor Weitkunat for her service.
Eric Kronwall thanked outgoing Mayor Weitkunat for her commitment to the community.
City Manager Atteberry thanked the families of the outgoing Councilmembers and commended
them on behalf of City staff.
City Manager Atteberry presented outgoing Mayor Weitkunat with a token of the City's
appreciation for her service as Mayor.
Councilmember Campana commended outgoing Mayor Weitkunat on her service.
Councilmember Horak commended outgoing Mayor Weitkunat on her service and commitment
to the community.
Councilmember Martinez commended outgoing Mayor Weitkunat on her service.
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Councilmember Overbeck commended outgoing Mayor Weitkunat on her service and leadership
through the Colorado Municipal League.
Councilmember Cunniff commended outgoing Mayor Weitkunat on her service and integrity.
Mayor Troxell thanked outgoing Mayor Weitkunat for her enthusiasm, positive nature and
service to the community.
RESULT: RESOLUTION 2015-042 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
AYES: Stephens, Overbeck, Martinez, Campana, Troxell, Cunniff, Horak
ELECTION OF MAYOR PRO TEM (2 Year Term)
The Charter provides that the Council shall elect a Mayor Pro Tem who shall act as Mayor during the
absence or disability of the Mayor.
City Attorney Daggett stated, pursuant to Article II, Section 4 of the City Charter, the Council is
expected to elect a Mayor Pro Tem at its first regular or special meeting following a municipal
election. She stated there is benefit to having a Mayor Pro Tem in the event of the Mayor’s
absence and noted the District 6 recount will be resolved by the end of the week. She
recommended Council elect a Mayor Pro Tem this evening.
Jerry Gavaldon suggested Councilmember Martinez be considered for Mayor Pro Tem.
Councilmember Horak expressed interest in the position and discussed the role of the Mayor Pro
Tem.
Councilmember Martinez expressed interest in the position.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to select
Councilmember Horak as Mayor Pro Tem.
Councilmember Cunniff expressed the importance of continuity in leadership.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Martinez, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Councilmember Martinez thanked the audience for participating in the swearing in of the new
Councilmembers.
Mayor Troxell thanked the audience.
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ADJOURNMENT
The meeting adjourned at 7:15 p.m.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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April 21, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff present: Atteberry, Daggett, Nelson
OATH OF OFFICE - District 6 Councilmember
City Clerk Nelson administered the oath of office to Councilmember Gerry Horak.
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry recommended withdrawing Item #1 Approval of the Minutes of the
March 3 and March 17, 2015 Regular Council Meetings and the February 27 and March 24,
2015 Adjourned Council Meetings in order to allow for more detailed comments regarding the
stadium issues to be added, per Councilmember Overbeck’s request. Additionally, he
recommended withdrawing Item No. 15, First Reading of Ordinance No. 051, 2015, Amending
the Land Use Code with Regard to City Development Projects, for additional staff work.
CITIZEN PARTICIPATION
Eric Sutherland discussed the Site Plan Advisory Review process, which would have been part
of the topic of Item No. 15, First Reading of Ordinance No. 051, 2015, Amending the Land Use
Code with Regard to City Development Projects. He suggested the process is out of date and
should not be used for private entities, regardless of whether or not they are receiving public
funding.
Stacy Lynne discussed a statement made by Mayor Troxell regarding an investigation related to
Sheriff Justin Smith, District Attorney Abrahamson, and Judge Julie Field.
Lynn Thompson, Fort Collins Homeless Coalition, requested the City stop issuing tickets to
homeless individuals who are camping in public spaces, sleeping in legally parked vehicles, and
sleeping on private land with the permission of the property owner, until the City can offer those
individuals meaningful opportunities to meet their need for sleep.
Wayne Folsom, Fort Collins Homeless Coalition, stated the lockers recently provided at the
Murphy Center are inadequate in terms of size and ease of access.
Cheryl Distaso, Fort Collins Homeless Coalition, invited the community to an event featuring
Willie Baptist from the Poverty Initiative in Brooklyn on May 1st from 3-5 PM at City Hall.
Additionally, she echoed Ms. Thompson's comments regarding ticketing and Mr. Folsom's
comments regarding the lockers.
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CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell stated the issues discussed by Ms. Lynne were addressed previously and the topic
is a closed matter at this point.
Councilmember Campana stated the staff recommendations regarding Item No. 15, First
Reading of Ordinance No. 051, 2015, Amending the Land Use Code with Regard to City
Development Projects, would have required full development review processes for City projects
rather than the location, character and extent review of the Site Plan Advisory Review process.
City Manager Atteberry replied the intent behind this change is partly to empower neighbors and
staff to be able to discuss these projects directly with Council.
Councilmember Campana requested additional information regarding the lockers at the Murphy
Center and the reason behind the size of those lockers. Deputy City Manager Mihelich replied
the lockers were a partnership between the City and the Murphy Center and were designed to fit
the needs of most individuals. He noted there are additional storage areas within the Murphy
Center which are secure behind a closed door during the day and larger storage facilities are
available behind the Murphy Center.
Councilmember Campana requested staff provide a matrix of available locker facilities.
Councilmember Cunniff requested a summary of the reasons why the project mentioned by Mr.
Sutherland was determined to be appropriate for a Site Plan Advisory Review process.
Councilmember Martinez requested information regarding the rationale behind and results of the
police sweeps of homeless individuals mentioned by Ms. Thompson. City Manager Atteberry
stated the process was quite well documented and heavily dealt with by the previous Council.
Mayor Pro Tem Horak replied Councilmembers participated in a walk through with Natural Area
Rangers and Police. Primarily, those events involved clean-up of abandoned camp sites in
Natural Areas.
Mayor Pro Tem Horak stated representatives from the Murphy Center should be addressing the
locker issues as the City is only providing funding. City Manager Atteberry replied staff is
attempting to determine the appropriate role for the City in this area and stated he would discuss
the ability of some of the social providers to attend a work session. Additionally, he noted the
Ranger patrols of Natural Areas are designed to keep those areas safe, clean and healthy as
camping in Natural Areas is illegal.
Councilmember Martinez requested information regarding how the bill being presented by
Senator Kefalas will impact the City. City Manager Atteberry replied the Legislative Review
Committee will be addressing that topic.
Councilmember Overbeck requested a report from the restorative justice court.
Councilmember Stephens discussed the importance of empathetically addressing homelessness
in the community.
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CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the March 3 and March 17, 2015 Regular
Council Meetings and the February 27 and March 24, 2015 Adjourned Council Meetings.
(Withdrawn)
The purpose of this item is to approve the minutes of the March 3 and March 17, 2015 Regular
Council meetings and the February 27 and March 24, 2015 Adjourned Council meetings.
2. Second Reading of Ordinance No. 041, 2015, Appropriating Reserves in the Wastewater Fund
for the Replacement of Two Damaged Trucks. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 17, 2015, appropriates $272,794
in Reserves in the Wastewater Fund to replace two damaged trucks. In 2014, $222,794 in
unanticipated revenue was received from the Risk Management Fund and from insurance proceeds
to compensate the Wastewater Utility for two trucks that were totaled in separate accidents. The
$222,794 in unanticipated revenue contributed to increased Wastewater Reserves at year-end 2014
in this same amount. Due to the cost of replacing one of the trucks, an additional $50,000 is to be
appropriated from the Wastewater Utility Capital Outlay Reserve which is reserved for equipment
purchases. The Capital Outlay Reserve currently totals $657,300. The 2015 supplemental
appropriation will be used to replace both trucks.
3. Second Reading of Ordinance No. 042, 2015, Amending Chapter 26 of the Code of the City of
Fort Collins to Clarify the Conditions Under Which a Development May Defer Stormwater and
Drainage Facility Requirements to Obtain a Certificate of Occupancy by Providing Certain
Escrows as Assurance of Completion. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 17, 2015, amends Chapter 26 of
City Code, which provides developers an option for obtaining a certificate of occupancy prior to
completion of installation, certification, and acceptance of stormwater and drainage facilities. This
amendment provides clarification as to when this is allowable, initiates a non-refundable fee for
processing and tracking the escrow, and timelines for completion of the work associated with the
escrow.
4. Second Reading of Ordinance No. 043, 2015, Authorizing the Acquisition by Eminent Domain
of Certain Lands Necessary to Construct Public Improvements in Connection with the
Prospect Road and Timberline Road Intersection Improvements Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 17, 2015, authorizes the use of
eminent domain, if deemed necessary, to acquire property interests needed to construct
improvements at the Prospect Road and Timberline Road intersection. The Prospect Road and
Timberline Road Intersection Improvements will construct safety and congestion mitigation
improvements at the intersection, and on Timberline Road from Prospect Road south to Blackbird
Drive. The project is planned to begin construction in the spring of 2016 and be completed by the fall
of 2016. To construct these improvements, the City will need to acquire certain property interests
adjacent to the project area. The acquisitions include right-of-way, permanent easements, and
temporary easements from four property owners. Timely acquisition of the property is necessary to
meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the
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affected owners and is optimistic that all property negotiations can be completed prior to the start of
the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the
Project only if such action is deemed necessary.
5. First Reading of Ordinance No. 044, 2015, Reappropriating Funds Previously Appropriated in
2014 But Not Expended and Not Encumbered in 2014. (Adopted)
The purpose of this item is to reappropriate 2014 appropriations approved by City Council that
lapsed at the end of 2014. The authorized expenditures were not spent and could not be
encumbered in 2014 because:
there was not sufficient time to complete bidding in 2014 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies
the project for which the dollars were originally appropriated by Council could not be completed
during 2014 and reappropriation of those dollars is necessary for completion of the project in
2015
to carry on programs, services, and facility improvements in 2015 with unspent dollars previously
appropriated in 2014
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2014 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
General Fund $ 1,197,690
Golf Fund 40,000
Keep Fort Collins Great Fund 771,519
Light & Power Fund 18,000
Transportation Fund 28,000
$ 2,055,209
6. First Reading of Ordinance No. 053, 2015, Extending the Terms of a Non-Exclusive Franchise
by the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and
Assigns for the Right to Make Reasonable Use Of, and Erect, Construct, Operate and
Maintain Through, the Public Rights-of-Way, Easements and Other Public Property Any
Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System
and the Provision of Cable Services to Citizens Within the City. (Adopted)
The purpose of this item is to request a second extension of the current Cable Franchise Agreement
between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of
47 days to July 31, 2015. The current, extended agreement expires June 14, 2015. City staff and
Comcast representatives have reached mutual agreement on the final elements of the new
agreement. The additional 47 days will allow for more time for public input prior to the consideration
of the new agreement by Council. The proposed extension will maintain the terms and conditions of
the existing Franchise for the duration of the extension.
7. First Reading of Ordinance No. 048, 2015, Authorizing the Conveyance of City Property to
Walnut Street 354, LLC. (Adopted)
The purpose of this item is to convey approximately 3,800 square feet of City property to Walnut
Street 354, LLC for utilization in the development of a downtown hotel and convention center at 354
Walnut Street, the former location of the Armadillo Restaurant. The property will be purchased by
the developer at fair market value, as determined by the City. Additionally, the conveyance will be
subject to a public access and utility easement reservation which allows the subject property to
continue to be utilized for these purposes, just as it is today.
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8. First Reading of Ordinance No. 049, 2015, Designating the Holmes/Manges Property, 1202
LaPorte Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins. (Adopted)
The owner of this property, Sharon Manges, is initiating this request for Fort Collins Landmark
designation of the Holmes/Manges Property, 1202 Laporte Avenue. Built in 1905-06 by J. B. Kuhn,
the red brick residence is a nice example of early twentieth century Classic Cottage architecture. The
historic wood frame garage, with narrow horizontal drop siding, contributes to the architectural
significance of the property.
9. First Reading of Ordinance No. 050, 2015, Designating the Longyear Property, 719 Remington
Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code
of the City of Fort Collins. (Adopted)
The purpose of this item is to designated the Longyear Property, 719 Remington Street, as a Fort
Collins Landmark. The property is eligible for Landmark recognition for its significance under
Landmark Standard C, Design/Construction. The dwelling has great architectural merit as a well
preserved representation of early twentieth century Victorian-era vernacular architecture. The locally
rare two-bay garage contains a very unusual Mission style parapet façade. The Longyear Property
has additional significance under Landmark Standard B, for its association with Colorado Agricultural
College professor Burton O. Longyear, who contributed substantially to the fields of forestry and
horticulture.
10. Resolution 2015-043 Determining That a Single-Lane, Modern Roundabout is the Preferred
Alternative for the Intersection of Lincoln Avenue and the North-South Extension of
“International Boulevard.” (Adopted)
The purpose of this item is to approve a single-lane, modern roundabout intersection at Lincoln
Avenue and the north-south extension of International Boulevard. The adopted Master Street Plan
anticipates a new arterial-arterial intersection between Lincoln Avenue east of Lemay Avenue and a
north-south extension of ‘International Boulevard’. In accordance with Resolution 2001-120, an
Alternatives Analysis was completed for this intersection. The conclusions of the Alternatives
Analysis show that a single-lane, modern roundabout is the preferred alternative for this intersection.
This project is not a part of, or within, the boundaries of the recently approved Lincoln Corridor
Improvement Project.
11. Resolution 2015-044 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County for the Construction and Maintenance of the North Shields Street Trailhead
Parking Lot and Trails. (Adopted)
The purpose of this item is to approve an intergovernmental agreement (IGA) with Larimer County
which defines the cost sharing of the construction and maintenance of a trailhead parking lot and
trails as part of Larimer County’s North Shields Street and Bridge project. Natural Areas staff has
been working for the last several years with Larimer County and Park Planning to partner on an effort
to include a trail head parking lot as part of the County’s North Shields Street bridge replacement
and street widening project. In particular Natural Areas and Park Planning are working with the
County to provide better and safer access to the Poudre River, Poudre Trail and adjoining natural
areas for hiking, biking, tubing and fishing. Staff has prepared an IGA that outlines the cost sharing
and maintenance responsibilities between Larimer County and the City’s Natural Areas Department
and Park Planning Department.
12. Resolution 2015-045 Approving the Acceptance of the Proposed Donation of a Sculpture to
be Placed at Edora Pool Ice Center. (Adopted)
This Resolution accepts the donation of a bronze sculpture representing a swimmer, donated by the
Thornton Family Foundation through the Fort Collins Area Swim Team (FAST). This sculpture will
become part of the City’s Art in Public Places collection and placed at the Edora Pool Ice Center (EPIC).
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13. Resolution 2015-046 Approving the Acceptance of the Proposed Donation of a bronze
sculpture to be placed at The Gardens on Spring Creek. (Adopted)
This Resolution accepts the donation of a bronze sculpture from Bernice Penney and Family that was
selected and is currently on display in The Gardens on Spring Creek ARTiculture Exhibit. This sculpture
will become part of the City’s Art in Public Places collection.
14. Resolution 2015-047 Making an Appointment to the Commission on Disability. (Adopted)
The purpose of this item is to appoint Sherri Reichow to the Commission on Disability to fulfill the
remaining term of resigning Commissioner Jeff Coons.
CONSENT CALENDAR FOLLOW-UP
Councilmember Overbeck acknowledged Art in Public Places donations made by community
members regarding Item Nos. 12 and 13, Resolution 2015-045 Approving the Acceptance of the
Proposed Donation of a Sculpture to be Placed at Edora Pool Ice Center and Resolution 2015-
046 Approving the Acceptance of the Proposed Donation of a bronze sculpture to be placed at
The Gardens on Spring Creek.
Councilmember Martinez requested additional information regarding Item No. 2, Second
Reading of Ordinance No. 041, 2015, Appropriating Reserves in the Wastewater Fund for the
Replacement of Two Damaged Trucks. Jon Haukaas, Water Engineering and Field Services
Operations Manager, replied two separate motor vehicle accidents occurred, resulting in the need
for the trucks to be replaced. He noted full investigations and reports were completed after each
accident. City Manager Atteberry assured Councilmember Martinez there has been
accountability in terms of disciplinary actions for these events.
STAFF REPORTS
City Manager Atteberry stated the Streets Department has recently received an ISO 14001
certification, which is an international standard aimed at helping organizations develop effective
environmental management systems.
Carol Webb, Water Resources Treatment Operations Manager, discussed the process in terms of
receiving the certification and detailed the components of environmental management systems.
City Manager Atteberry discussed the importance of a systems approach and praised the
leadership of Karen Cumbo, Planning Development and Transportation Director and Larry
Schneider, Streets Department Director.
Mayor Troxell commended the Streets Department on its work in the community.
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the Project Homeless Connect event and his` visit to the
Traffic Operations control center, stating staff is working hard to address traffic issues.
Councilmember Cunniff reported on the Legislative Review Committee meeting.
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Mayor Troxell reported on his participation in the s’mores making record-setting event and the
use of a local company product in the event.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
DISCUSSION ITEMS
15. First Reading of Ordinance No. 051, 2015, Amending the Land Use Code with Regard to City
Development Projects. (Withdrawn)
The purpose of this item is to consider amending the Land Use Code to require any development
review project in which the City is an applicant to be reviewed by the Planning and Zoning Board (P
& Z) and eliminates formal appeals to the City Council, while allowing a Council override of a P & Z
decision.
RESULT: WITHDRAWN
16. First Reading of Ordinance No. 052, 2015, Amending Chapter 26 of the Code of the City of
Fort Collins to Allow for the Waiver of Certain Requirements for a Temporary Connection to
the Water System as an Irrigation Source for the Establishment of Native Vegetation.
(Adopted on First Reading)
The purpose of this item is to allow the Utilities Executive Director the option to waive the water plant
investment fee (WPIF) for projects that only require irrigation for the establishment of native
vegetation during the first three years of growth. The City has actively pursued native vegetation for
greenspaces and landscaping as a means to reduce long term demand and improve the
sustainability of water availability in our region. Successful establishment of such vegetation typically
requires irrigation in its first two to three years. After establishment, it can be successful with only
the limited natural precipitation of the area. City Code requires that all connections to the water utility
pay a WPIF. With this change, the Utilities Executive Director may waive the WPIF for projects that
only require irrigation for the establishment of native vegetation during these first three years of
growth. All charges for water use would be due by the requesting customer as well as the costs to
disconnect at the end of that period. After further discussion, this item was modified to apply to any
project meeting these goals.
Kevin Gertig, Utilities Executive Director, stated this item allows the Director of Utilities to
waive water plant investment fees for specific projects that may require water during the interim
period of establishing native growth.
Jon Haukaas, Water Engineering and Field Services Operations Manager, stated the types of
projects affected by this waiver would only require irrigation for their first few seasons of
growth. Plant investment fees provide a right to permanent connection to the water system and
are based on a determination of need; however, there is no permanent need for native growth
projects. The difference between a permanent need and temporary need for irrigation was
described.
Eric Sutherland questioned whether this item would apply to private or public lands and
suggested a fee commensurate to the temporary use may be more appropriate. Water
consumption should be taxed equally across the city, regardless of the provider.
Mayor Troxell requested information regarding Mr. Sutherland's comments. Haukaas replied
this fee waiver would apply to both public and private projects. A fee commensurate to the
temporary use was considered; however, calculating that fee would require an in-depth fee study
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on every situation. The bulk water rate charge takes the use of existing infrastructure into
account.
Councilmember Cunniff asked if the $6 per 1,000 gallons amount covers additional
infrastructure needs incurred by this use. Haukaas replied this use does not require additional
infrastructure per se; however, the $6 amount recognizes additional costs that are not part of the
regular charges.
Councilmember Cunniff asked if monitoring will occur to ensure water pressure of the hydrant
system is not being over-taxed in the event of a fire emergency in the area. Haukaas replied in
the affirmative.
Councilmember Campana supported the development of the item and asked if the $6 fee in part
alleviates the cost of bringing raw water to the project. Haukaas replied in the affirmative.
Councilmember Campana suggested the Ordinance should include more robust language
regarding plantings.
Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 052, 2015, on First Reading.
Mayor Troxell asked about the area of the City outside of the water utility. Haukaas replied
ELCO and the Fort Collins Loveland Water District both already have provisions which allow
for connections for this type of project.
Mayor Troxell requested additional information regarding the approval process for these types of
projects. Haukaas replied a project would be required to submit for a water connection permit
which would be reviewed by staff. The Executive Director would review any project for
potential fee waivers and the project would be required to provide a verifiable estimate for
removal of the water tap in three years. Those funds will be placed in escrow with the City in
order to disconnect the tap and provide restoration at a date certain not to exceed three years.
Councilmember Campana suggested the possibility of examining a lower rate tier for smaller
structures and questioned if a method exists for reducing a water tap size in order to receive a
credit on the water plant investment fee. Haukaas replied there is a method to reduce the tap size
which would reduce the monthly base charge; however, there is no credit available for the initial
plant investment fee.
Councilmember Campana suggested the ability to credit those fees could be used as an incentive
for HOAs to change bluegrass areas to native grasses.
Councilmember Cunniff supported Councilmember Campana's suggested of examining a lower
rate tier and stated he would be open to looking at other incentive structures.
Mayor Pro Tem Horak suggested discussing this issue during the Council retreat.
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RESULT: ORDINANCE NO. 052, 2015 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Mayor Pro Tem Horak expressed concern regarding outreach for the Open Streets project, which
is slated to occur on Elizabeth Street from Shields to Overland.
ADJOURNMENT
The meeting adjourned at 7:15 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Chris Martinez, Budget Analyst
Mike Beckstead, Chief Financial Officer
Lawrence Pollack, Budget & Performance Measurement Manager
SUBJECT
Second Reading of Ordinance No. 044, 2015, Reappropriating Funds Previously Appropriated in 2014 But Not
Expended and Not Encumbered in 2014.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 21, 2015, reappropriates 2014 appropriations
approved by City Council that lapsed at the end of 2014. The authorized expenditures were not spent and
could not be encumbered in 2014 because there was not sufficient time to complete bidding in 2014 and
therefore, there was no known vendor or binding contract as required to expend or encumber the monies; the
project for which the dollars were originally appropriated by Council could not be completed during 2014 and
reappropriation of those dollars is necessary for completion of the project in 2015; or to carry on programs,
services, and facility improvements in 2015 with unspent dollars previously appropriated in 2014.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. 2.1 First Reading Agenda Item Summary, April 21, 2015 (PDF)
2. 2.2 Ordinance No. 044, 2015 (PDF)
Packet Pg. 64
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Chris Martinez, Budget Analyst
Mike Beckstead, Chief Financial Officer
Lawrence Pollack, Budget & Performance Measurement Manager
SUBJECT
First Reading of Ordinance No. 044, 2015, Reappropriating Funds Previously Appropriated in 2014 But Not
Expended and Not Encumbered in 2014.
EXECUTIVE SUMMARY
The purpose of this item is to reappropriate 2014 appropriations approved by City Council that lapsed at the
end of 2014. The authorized expenditures were not spent and could not be encumbered in 2014 because:
there was not sufficient time to complete bidding in 2014 and therefore, there was no known vendor or
binding contract as required to expend or encumber the monies
the project for which the dollars were originally appropriated by Council could not be completed during
2014 and reappropriation of those dollars is necessary for completion of the project in 2015
to carry on programs, services, and facility improvements in 2015 with unspent dollars previously
appropriated in 2014
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund
balances at the end of 2014 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
General Fund $ 1,197,690
Golf Fund 40,000
Keep Fort Collins Great Fund 771,519
Light & Power Fund 18,000
Transportation Fund 28,000
$ 2,055,209
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
GENERAL FUND
City Attorney Office
1. Attorney Search Services - $55,000
The City Attorney’s Office requests this reappropriation to cover fees and costs associated with search-related
expenses and outside recruitment services for multiple attorney positions. It is anticipated that two search
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, April 21, 2015 (3113 : SR 044 Reappropriation)
Agenda Item 5
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processes will be needed, although it is possible that further search and recruitment efforts would be
necessary to fill all three of the positions. Efforts to competitively procure attorney recruitment and search
services were initiated in fall 2014. However, the vendor pool contacted regarding the initial Request for
Proposals was not appropriately targeted and the process was restarted with additional potential vendor
outreach in order to ensure that adequate efforts had been made to reach suitable vendor proposers.
City Manager Office
2. Downtown Development Authority Ramps Project - $868
The City and the Downtown Development Authority (DDA) have been asked by a number of Fort Collins
residents to help find a solution to afford disabled access to businesses in the Old Town Historic District.
Business owners will voluntarily pay $75 for a ramp, remote doorbell and accessibility sticker. In a
collaborative effort, the City and DDA will split the remaining costs and delivery fee. A field survey of
thresholds in historic buildings indicated 20 qualified locations - four purchased ramps in 2014. Since limited
requests for ramp installations were made in 2014 we expect the project to continue with more outreach and
interest in 2015.
3. Performance Excellence Consulting - $12,438
The Performance Excellence Consulting funds will be used in Q1 and Q2- 2015 for PDCA (Plan, Do, Check,
Act) Process Improvement training for City staff. The City will use outside consulting to deliver course work and
to assist in a complex process. Intentions are to finish the work in 2015.
Community Development & Neighborhood Services
4. Historic Preservation - $7,642
These funds are used for mailings, printing and similar outreach services in support of Historic Preservation
programs, and will be used to fulfill grant-related requirements to provide a historic context, architectural
survey, and survey report to each owner of property in the 15-block Loomis Addition. Nearing completion, the
grant requires that a copy of this context be provided to each property owner. A copy of each survey form and
the accompanying survey report must also be provided to each property owner. These funds will cover the
costs of producing and disseminating these documents.
5. Nature in the City - $34,964
Nature in the City was approved as a 2-year project, initiated in 2014 and expected to run through 2015.
Throughout 2014, extensive public outreach and visioning processes were employed to develop the project’s
strategic plan, which will be completed in 2015. In addition to the completion of the Strategic Plan, the
remaining funds will be used to complete additional project deliverables, such as the Nature in the City design
guidelines, connectivity analyses for people and wildlife, and associated Land Use Code changes and other
demonstration projects, e.g., the living wall.
Communications and Public Involvement Office
6. Comcast Negotiations - $44,249
These funds are for continued cable franchise consultation and legal fees during negotiations between the City
and Comcast. Consultants with expertise on telecommunications law and franchise negotiation were hired in
July of 2013. Their work and related legal work continues until the new franchise agreement is in place. The
current agreement has been extended until June, 16, 2015 as work and related legal work continues until the
new franchise agreement is in place. The negotiations are going well and, barring unforeseen complications, a
new agreement is anticipated to be finalized prior to that date.
Economic Health
7. Foothills Metropolitan District - $13,750
Any entity wishing to form a Metropolitan District in the City of Fort Collins must submit a $13,750.00 deposit at
the time the City considers the associated service plan. This deposit is intended to offset the legal costs
incurred by the City during the formation process. Alberta Development submitted these funds, per the 2008
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Agenda Item 5
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adopted policy regarding Metro District formation, in 2012. No payments were required in 2014 and funding
requested to be carried forward are intended for any payments due in 2015. These funds have been retained
until after bond issuance by the metro district. Bonds were issued in late 2014. It is anticipated that these funds
will now be returned to the applicant in 2015.
Environmental Services
8. Clean Air Quality Programs - $13,374
The reappropriated funds will be used to provide continued support of the air quality programs including:
working with state agencies to attain the ozone health standard and protect air quality, increasing outreach and
education on ozone issues to empower citizens to reduce ozone precursor emissions, addressing impacts to
air quality from fugitive dust, enhancing the zero-interest loan program to encourage citizens to change out old
wood stoves & install radon mitigation systems. This work will be accomplished using additional resources
including backfilling the vacated 0.5FTE position, funding an hourly program assistant or intern, purchasing
safety equipment and air monitoring equipment. Funds were not fully expended for developing air quality
programs due to the unanticipated amount of staff work on asphalt and oil and gas issues in 2014.
9. Database Consulting - $5,510
This request is for the second half of payment for development of a database to store and manage Community
Diversion Rate data. ITX Project is still moving forward. Purchase Order in place needs to be renewed for
completion in 2015.
10. FortZED Engagement and Administration - $28,576
The remaining 2014 funds will be used to support the FortZED community engagement project, Lose-a-Watt
Energy Prize (aka Georgetown University Energy Prize competition). This two year project will engage the Fort
Collins community to help reduce energy use through energy efficiency as part of a national competition for a
$5M prize purse. This project is well aligned as a strategy to assist the community meet goals set forth by the
Climate Action Plan and the Energy Policy. This project did not fully develop until mid-December 2014; hence
it was not funded as part of the budgeting process.
The 2014 funds lapsed due to the unsuccessful agreement of a scope of work with a third party. These
negotiations occurred at the end of the budget cycle and resulted in the project and funds lapsing. The funds
are intended to be used for a technology platform to provide a data and benchmarking information as part of
the re-developed FortZED website.
11. Innovation Fund Program - $45,866
The Municipal Innovation Fund creates a source of funding to develop efficient, innovative improvements to the
City’s physical plant and operational procedures. These improvements focus on reducing costs, reducing
energy and water use, and reducing the City’s environmental and carbon footprint. Projects will be evaluated
by an interdepartmental team using a triple bottom line approach; however, projects that optimize the three
areas will be given priority. Some projects funded in 2013/2014 are pending final invoices/payments but have
been committed in full. Final requests for payment for these approved projects are expected in 2015.
Human Resources
12. Compensation and Career Path Implementation - $30,000
In 2014, the City embarked on an assessment of the current state of Pay-for-Performance, Compensation, and
Career Progression. The Study identified a number of opportunities for improving key strategies and processes
related to Compensation, Performance Management, and Career Progression. The funds requested will be
used for consulting fees associated with the Implementation phase of this Project. Due to the vacancy of the
Compensation Manager position, the Implementation phase of the project was delayed.
Municipal Court
13. Court-Appointed Defense Counsel - $9,000
In 2014, the budgeted amount for court-appointed defense counsel expenses exceeded the original amount
authorized due to changes in the state law which resulted in increased appointments. The Municipal Court
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Judge ordered court-appointed attorneys assigned to represent several different defendants whose cases
began in 2014 and have yet to be concluded or were concluded in 2015. The fee paid for such representation
is billed at the rate of $75.00/hour up to a maximum of $1,675.00 if the case does not go to trial or $2,480.00 if
the case goes to trial.
Due to the complexity of circumstances related to the defense cases involved with these appointments, and
the fact that dispositions have not yet been reached or were reached in late December of 2014, the defense
attorneys have either not yet presented the Court with bills or presented the Court with bills that were paid
using 2015 funds instead of 2014 funds.
14. Court Security Officer - $4,815
In April 2014, City Council approved funding for a new Court Security Officer position for the Municipal Court.
Due to the lengthy hiring process required for hiring a limited commission officer, the Court was unable to finish
the hiring process until mid-December of 2014. Personnel and equipment costs were anticipated being used
by the Court in 2014. The Court has not been billed for all of the equipment or costs associated with the hiring
of this officer to date, but anticipate receiving these bills in early 2015.
Natural Areas
15. Northern Integrated Supply Project (NISP) - $85,045
The purpose of these funds is to support the City’s analysis of the Supplemental Draft Environmental Impact
Statement (SDEIS) for the Northern Integrated Supply Project (NISP). Publication of the SDEIS has been
repeatedly delayed by the Army Corps. Staff expects the publication of the SDEIS to be in June or July of
2015.
Operation Services
16. Relocation of the Historic Butterfly Building - $250,000
At present, the Creamery Laboratory building is located on the site for the new Utilities Administration Building.
It will need to be moved and special requirements of the Landmark Preservation Commission (LPC) will need
to be fulfilled. Moving costs and the associated cost to re-purpose this building were not included in the new
Utility Building project budget. These costs are to be funded from Operation Services major maintenance
budget. The Landmark Preservation Commission has made substantial requests for the relocated Creamery
Laboratory building that needs to be completed with the new construction and have it ready to be occupied
along with the new Utilities Administration building.
This process began in mid-2014; however, the complexity of designing the new administration building to
compliment the laboratory building delayed the project. Approval from the LPC to relocate the building was
received on February 11, 2015 and this gives the City a better understanding of the overall costs involved in
the relocation effort.
Parks
17. Median Renovation - $13,423
Median renovation funds are one-time funding for major renovations of medians beyond the amount the Parks
Division receives on an on-going basis for small median renovations. These funds are the remaining budget
for median renovations in 2014. These funds will be added to the 2015 budget for the design work on the East
Horsetooth/South Lemay median renovation project.
18. Lifecycle Funding - $89,610
Lifecycle funds are used for replacement of park infrastructure, and renovating and re-mulching medians.
These specific median lifecycle funds were not spent as anticipated in 2014 due to the high volume of
construction activity in the area making it difficult to obtain bids, contractors and traffic control permits.
Packet Pg. 68
Attachment: First Reading Agenda Item Summary, April 21, 2015 (3113 : SR 044 Reappropriation)
Agenda Item 5
Item # 5 Page 5
Social Sustainability
19. Human Services Program - $4,496
The Human Services Program is requesting a total of $4,496 in reappropriation funding of which $1,722 is to
be allocated to the non-profit agency, Education & Life Training Center (ELTC). The agency was awarded
these funds through a competitive process and the agency was unable to spend all funds by close of 2014.
The remaining $2,774 is for printing and the reception to introduce the “Human Service Partners: A Community
Snapshot” report. Due to unforeseen delays in CPIO, the final report was not completed until January 2015.
20. Affordable Housing Fund - $449,064
The Affordable Housing Funds are allocated annually to support critical affordable housing needs in the City of
Fort Collins. They were awarded in the fall cycle of the Competitive Process to housing service providers to
further the goals identified in the City’s Affordable Housing Strategic Plan. The second reading of the
ordinance approving the allocation of the funds occurred on December 10, 2014. Any un-allocated funds are
intended to accumulate in the fund to meet future affordable housing needs.
Although the funds were committed, it wasn’t possible to negotiate and complete project contracts prior to the
year end, which meant that purchase orders could not be established. Some funds are allocated as match
funding for projects receiving federal HOME/Community Development Block Grant (CDBG) dollars. These
projects cannot be contracted until all federal requirements have been met. The Home Buyer Assistance
program is a City managed program to which funds are not contracted or encumbered but wired to closing as
individual loans are approved.
GOLF FUND
21. Golf Driving Range Supplies - $40,000
This request will fund the purchase of range balls at the three City-owned golf courses. These funds were not
expended in 2014 due to delays in finding sponsorships for the range balls. Logos of sponsors are stamped
onto the balls as part of the sponsorship agreements. As of December 2014 sponsorships had not been
finalized.
KEEP FORT COLLINS GREAT FUND
Community Development & Neighborhood Services
22. Design Assistance Program - $1,224
The Design Assistance Program (DAP) was established by Council to address compatibility issues in the
Eastside and Westside Neighborhoods. By incentivizing the use of pre-qualified professionals with success in
context-sensitive historic design, the DAP helps to enhance the compatibility of size, massing, and character of
new construction within the historic core neighborhoods, lessening neighborhood concerns. DAP funds are
limited to $2,000 per project and, in 2014, requests were insufficient to fully utilize the total amount budgeted.
However, with the steady increase in requests being received (5 to date in 2015); it appears that the budgeted
amount will soon be depleted. This reappropriation would supplement the amount available and provide
additional assistance, helping to promote Council’s objective.
23. Historic Preservation Grants - $12,401
These funds are used for mailings, printing and similar outreach services in support of Historic Preservation
programs, and will be used to fulfill grant-related requirements to provide a historic context, architectural
survey, and survey report to each owner of property in the 15-block Loomis Addition. Nearing completion, the
grant requires that a copy of this context be provided to each property owner. A copy of each survey form and
the accompanying survey report must also be provided to each property owner. These funds will cover the
costs of producing and disseminating these documents.
24. Landmark Rehabilitation Program - $14,432
This program provides promised funds for owners who have been given landmark rehabilitation loan awards,
but have not yet completed their work, as well as to fund additional loan awards. Recipients of Landmark
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Attachment: First Reading Agenda Item Summary, April 21, 2015 (3113 : SR 044 Reappropriation)
Agenda Item 5
Item # 5 Page 6
Rehabilitation Loans have two years in which to complete the work and request reimbursement. In 2014,
$18,000 in fund requests were received, resulting in the program having unanticipated extra funds. In 2015,
the Commission has received requests for $35,626 in loan funds matched by $78,500 of owner funds, which
will result in $114,000 worth of new sustainable rehabilitation work on older housing stock. One-third of these
requests cannot be funded in 2015 without this reappropriation.
25. Oil and Gas - $46,379
Staff spent the majority of 2013 and 2014 developing policy on the Oil and Gas issue, securing an operator
agreement, legal activities, and conducting interim air quality monitoring. A contract was signed at the end of
2014 with Geosyntec to conduct the groundwater quality monitoring, but the funds were not able to be
encumbered. In addition, the funds will be used for follow up on the baseline inspections conducted at the
existing operations within City limits and to further investigate results, as needed, from the baseline air quality
monitoring in 2014 and groundwater sampling data to be collected.
26. Old Town Neighborhoods Plan - $9,032
This request will utilize the remaining funds from the Lincoln Corridor Plan and to support the Old Town
Neighborhoods Plan. The remaining funds for the Lincoln Corridor Plan were identified for the final phase of
public outreach. This balance will be used for the same purpose in supporting the Old Town Neighborhoods
Plan public outreach process. During this past year, an exhaustive public process led to a Preliminary street
design for the Lincoln Corridor. The public process was extended for several months to provide additional
information in preparation for the final Council hearing in May 2014.
27. West Central Area Plan - $2,260
The West Central Area Plan update process began in January 2014 and was intended to be completed within
a 15-month schedule. Significant work was completed on the plan in 2014, which included extensive public
outreach, consultant services, staff planning tasks, and production costs. Staff is requesting reappropriation of
the remaining funding to complete the project within the first quarter of 2015, in accordance with the original
budget and schedule.
Communications and Public Involvement Office
28. Public Engagement - $22,184
Funding supports implementation of key objectives of the City’s Public Engagement Strategic Plan: to better
equip City staff to successfully manage public engagement projects, foster an engaged citizenry, and ensure
accountability through improved reporting. Funding allocated to support socio-demographic research and
implementation of staff public engagement training was not fully expended due to unanticipated medical leave
of Civic Engagement Specialist in Q4 2014 and Q1 2015. Work is resuming through the City’s Public
Engagement Team and with Civic Engagement Liaison support during remainder of 2015.
Cultural Services/Museum
29. Museum of Discovery Display Cases - $19,250
KFCG funds were designated for the Museum to purchase and install additional museum casework to be
added to the galleries to enhance the visitor experience. Staff focus in 2014 was on the design and installation
of the “FC150 A Sesquicentennial Celebration” exhibit. The KFCG funded cases were designed and bid out in
the third quarter of 2014, but the contract was not signed until the fourth quarter of 2014 with delivery of the
cases scheduled for early 2015.
Environmental Services
30. Road to Zero Waste - $41,107
Part of these funds will be used to pay for development and construction of a trash and recycling enclosure in
Montezuma Fuller Alley at the Oak Street parking lot. It will allow businesses in the area to abide by the
cardboard ordinance, which they currently cannot do due to lack of space for a recycling bin. The project will
also beautify this high-visibility area. Additional projects will also be implemented based on recommendations
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Agenda Item 5
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from the Road to Zero Waste plan. The projects were delayed due to many factors, but are moving forward
now and are expected to be completed in 2015.
Natural Areas
31. Ecosystem Response Model - $56,196
The purpose of these funds is to develop the Poudre River Ecosystem Response Model and to further utilize
the model to help analyze the Northern Integrated Supply Project’s Supplemental Draft Environmental Impact
Statement (SDEIS). Publication of the SDEIS was delayed, but staff expects it to be published in June or July
of 2015.
32. Poudre River Ecological Restoration and Rehabilitation - $256,998
These funds were appropriated for stream restoration and rehabilitation and supported extensive restoration of
the Poudre River channel and bank at several locations, including Sterling Natural Area and McMurry Natural
Area. These KFCG funds were matched by Natural Area’s baseline restoration funds and external funds raised
by our non-profit partner, the Colorado Water Trust.
A combination of efficiencies that kept the project under budget and additional funds brought to the table by
The Colorado Water Trust who partnered with us on the Ames diversion removal represents the savings and
carryover. These funds from 2014 will be used for additional Poudre River restoration as part of the Kingfisher
Point/Poudre River Ecological Restoration project underway in 2015 and 2016.
Parking Services
33. Neighborhood Permit Parking Program - $7,176
This program was created in order to provide close and convenient on-street parking for residents by reducing
the volume and impact of non-resident vehicles parking in the neighborhoods. A purchase order had been
issued for signage for the neighborhoods but was closed at the end of the year. Signage is still being added or
amended in the neighborhoods and this requests the balance of unencumbered funds to be used for signage
needed in the neighborhoods.
34. Parking Garage Major Maintenance/Handicap Parking Spaces - $44,999
These funds provide critically needed maintenance and repairs for the Old Town Parking Structure and for the
installation/upgrades of handicap accessible parking spaces in the downtown area. Although work was
planned for the Old Town Parking Structure in 2014, funds could not be encumbered prior to year-end. In
addition, some funds had been encumbered for the installation/upgrades of handicap parking spaces,
however, the concrete company was sold and the Purchase Order was closed prior to year-end. A new
Purchase Order will be issued for this work in 2015 once the funds are reappropriated for work to be
completed in 2015.
Parks
35. Lifecycle Funding - $217,881
Lifecycle funds are used for replacement of park infrastructure, and renovating and re-mulching medians.
Funding of $217,881 will be used to replace lighting at Edora ball fields. There was not sufficient funding
available in 2014 for the project, so these funds will be added to the 2015 budget to fully fund the project.
Traffic
36. Traffic Signal Network Firewall - $20,000
Funds are intended for the installation of a firewall for the Traffic Signal Network. Currently, the signal network
is protected from unauthorized access via an “access control list”. This is a cumbersome method as we
continue to enhance the traffic signal network. More importantly, IT does not believe that the current set up
provides the necessary level of security. They have determined that a hardware firewall is needed to properly
secure the traffic network. This is an IT project that will be funded by Traffic Operations. IT was not able to
schedule and complete the work in 2014 due to other priorities.
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Attachment: First Reading Agenda Item Summary, April 21, 2015 (3113 : SR 044 Reappropriation)
Agenda Item 5
Item # 5 Page 8
LIGHT & POWER FUND
37. Solar Rebate Incentives - $18,000
Solar garden funding was budgeted for $250,000 in both 2013 and 2014. Due to construction delay of four
residential solar electric installations we are requesting reappropriation of 2014 funds so that the awarded
rebate incentives can be paid in 2015.
TRANSPORTATION FUND
FC Moves
38. Transportation Planning and Engineering Consultation - $28,000
The City of Fort Collins, Colorado has contracted with Atkins to perform on-call Transportation Planning
Studies and related analyses to evaluate long range and short term multi-modal transportation needs.
Assignments or tasks will be assigned on an as needed basis. The purpose of this request is to extend this on-
call through the end of 2015, including but not limited to the Larimer County Urban Street Standards and
Master Streets Plan updates, and the Land use code amendments.
The funds were not fully expended in 2014 as the need to utilize this on-call contract did not occur. The
expected tasks for 2015 were initiated internally by staff in 2014 however; the items to be assigned to the on-
call consultants were not scheduled to begin until 2015.
CITY FINANCIAL IMPACTS
This Ordinance increases 2015 appropriations by $2,055,209. A total of $1,197,690 is requested for
reappropriation in the General Fund and $857,519 is requested from various other City funds. Reappropriation
requests represent amounts budgeted in 2014 that were not expended and not encumbered at year-end. The
appropriations are from 2014 prior year reserves.
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Attachment: First Reading Agenda Item Summary, April 21, 2015 (3113 : SR 044 Reappropriation)
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ORDINANCE NO. 044, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPROPRIATING FUNDS PREVIOUSLY APPROPRIATED IN 2014
BUT NOT EXPENDED AND NOT ENCUMBERED IN 2014
WHEREAS, City Council authorized expenditures in 2014 for various purposes in the
General Fund, Keep Fort Collins Great Fund, Golf Fund, Light & Power Fund, and
Transportation Fund, a portion of which were not spent or encumbered in 2014; and
WHEREAS, Article V, Section 11 of the City Charter requires that all appropriations
unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or
special fund, except that appropriations for capital projects and federal or state grants do not
lapse until the completion of the capital project or until the expiration of the federal or state
grant; 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; and
WHEREAS, it is in the best interests of the City and its residents to re-appropriate funds
for the expenditures below, in furtherance of these expenditures authorized in 2014 for which
such appropriated funds were not expended and not encumbered during 2014.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That there is hereby appropriated for expenditure from prior year reserves
in the General Fund the sum of ONE MILLION ONE HUNDRED NINETY SEVEN
THOUSAND SIX HUNDRED NINETY DOLLARS ($1,197,690) for the following purposes:
Attorney Search Services $ 55,000
DDA Ramps Project 868
Performance Excellence Consulting 12,438
Historic Preservation 7,642
Nature in the City 34,964
Comcast Negotiations 44,249
Foothills Metropolitan District 13,750
Clean Air Quality Programs 13,374
Database Consulting 5,510
FortZED Engagement & Administration 28,576
Innovation Fund Program 45,866
Compensation & Career Path Implementation 30,000
Court Appointed Defense Counsel 9,000
Court Security Officer 4,815
Northern Integrated Supply Project 85,045
Packet Pg. 73
Attachment: Ordinance No. 044, 2015 (3113 : SR 044 Reappropriation)
- 2 -
Relocation of the Historic Butterfly Building 250,000
Median Renovation 13,423
Lifecyle Funding 89,610
Human Services Program 4,496
Affordable Housing 449,064
Total General Fund $1,197,690
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the Golf Fund the sum of FORTY THOUSAND DOLLARS ($40,000) for Golf Driving
Range Supplies.
Section 3. That there is hereby appropriated for expenditure from prior year reserves
in the Keep Fort Collins Great Fund the sum of SEVEN HUNDRED SEVENTY ONE
THOUSAND FIVE HUNDRED NINETEEN DOLLARS ($771,519) for the following
purposes:
Design Assistance Program $ 1,224
Historic Preservation Grants 12,401
Landmark Rehabilitation Program 14,432
Oil and Gas 46,379
Old Town Neighborhoods Plan 9,032
West Central Area Plan 2,260
Public Engagement 22,184
Museum of Discovery Display Cases 19,250
Road to Zero Waste 41,107
Ecosystem Response Model 56,196
Poudre River Ecological Restoration & Rehab 256,998
Neighborhood Permit Parking Program 7,176
Parking Garage Major Maintenance/ADA Parking 44,999
Lifecycle Funding - Parks 217,881
Traffic Signal Network Firewall 20,000
Total Keep Fort Collins Great Fund $771,519
Section 4. That there is hereby appropriated for expenditure from prior year reserves
in the Light and Power Fund the sum of EIGHTEEN THOUSAND DOLLARS ($18,000) for
Solar Rebate Incentives.
Section 5. That there is hereby appropriated for expenditure from prior year reserves
in the Transportation Fund the sum of TWENTY EIGHT THOUSAND DOLLARS ($28,000) to
be used for Transportation Planning and Engineering Consultation.
Packet Pg. 74
Attachment: Ordinance No. 044, 2015 (3113 : SR 044 Reappropriation)
- 3 -
Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2015, and to be presented for final passage on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 75
Attachment: Ordinance No. 044, 2015 (3113 : SR 044 Reappropriation)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Patrick Rowe, Real Estate Specialist III
SUBJECT
Second Reading of Ordinance No. 048, 2015, Authorizing the Conveyance of City Property to Walnut Street
354, LLC.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 21, 2015, conveys approximately 3,800
square feet of City property to Walnut Street 354, LLC for utilization in the development of a downtown hotel
and convention center at 354 Walnut Street, the former location of the Armadillo Restaurant. The property will
be purchased by the developer at fair market value, as determined by the City. Additionally, the conveyance
will be subject to a public access and utility easement reservation which allows the subject property to continue
to be utilized for these purposes, just as it is today.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. 3.1 First Reading Agenda Item Summary, April 21, 2015 (w/o attachments) (PDF)
2. 3.2 Ordinance No. 048, 2015 (PDF)
Packet Pg. 76
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Patrick Rowe, Real Estate Specialist
SUBJECT
First Reading of Ordinance No. 048, 2015, Authorizing the Conveyance of City Property to Walnut Street 354,
LLC.
EXECUTIVE SUMMARY
The purpose of this item is to convey approximately 3,800 square feet of City property to Walnut Street 354,
LLC for utilization in the development of a downtown hotel and convention center at 354 Walnut Street, the
former location of the Armadillo Restaurant. The property will be purchased by the developer at fair market
value, as determined by the City. Additionally, the conveyance will be subject to a public access and utility
easement reservation which allows the subject property to continue to be utilized for these purposes, just as it
is today.
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
BACKGROUND / DISCUSSION
The owner and developer of 354 Walnut Street (the Developer) is proposing a 165-room, 85,000 square foot
downtown hotel and convention center development on the property, formerly the Armadillo Restaurant. The
City owns an adjacent property 20 feet wide and approximately 3,800 square feet in size, which was originally
thought to be public right-of-way/alleyway given that its use and function were supportive of this conclusion.
Subsequent research by the City confirmed the strip is not public right-of-way, but rather property owned by
the City in fee (acquired by deed on August 18,1879).
To maximize the use of the Developer’s relatively small site, the Developer will need to construct its project to
the edge of the lot (also known as the zero lot line) over a majority of the site. Zero lot line development is
permitted by City Code in the Downtown zoning district and is typical of development in downtown. In order to
accommodate windows along the side of a building of a zero lot line development, the City Code and
practicality dictate a setback from adjacent development so that windows aren’t flush against an adjacent zero
lot line development. Windows along all sides of the hotel development are an absolute requirement for the
project to remain financially feasible. Given that the adjacent City property is not public right-of-way, coupled
with the Developer’s need to maximize use of their relatively small site through a zero lot line development, the
Developer has requested to resolve the setback issue by soliciting the City for the acquisition of its adjacent
parcel. The Developer would acquire the property at its fair market value and has agreed to a reservation by
the City for public access and utilities, which will allow the property to continue to function in the same way it
does currently. Additionally, as a negotiated point, the Developer has agreed to assume all maintenance
responsibility for the property, which includes maintaining the public access improvements (the City and third
party utility providers will remain responsible for any utility improvements).
The City’s Real Estate Department has valued the property interests at $124,500. This is based on a land
value of $65.50/square foot, subject to a 50% reduction in value to account for the reserved public access and
utility easement which substantially limits the use of the property. The value and methodology has been
ATTACHMENT 1
Packet Pg. 77
Attachment: First Reading Agenda Item Summary, April 21, 2015 (w/o attachments) (3114 : SR 048 Conveyance-Walnut Street 354)
Agenda Item 7
Item # 7 Page 2
confirmed with a local commercial (MAI designated) appraiser. In addition to the property value, the City will
also collect a typical processing fee of $1,000 to account for staff time on the request. Total compensation will
be $125,500.
CITY FINANCIAL IMPACTS
The consideration for the conveyance is based on the fair market value of the property. The City’s Real Estate
Services Department researched downtown sales and relied on several recent appraisal reports of downtown
properties to determine the value. Though land sales are nearly non-existent in downtown, there have been
several sales which reflect land sale rates given the obsolescence of the improvements.
The City’s Real Estate Department has valued the property interests at $124,500. This is based on a land
value of $65.50/square foot, subject to a 50% reduction in value to account for the reserved public access and
utility easement which substantially limits the use of the property. The value and methodology has been
confirmed with a local commercial (MAI designated) appraiser. In addition to the property value, the City will
also collect a typical processing fee of $1,000 to account for staff time on the request. Total compensation will
be $125,500.
Additionally, the Developer has agreed to accept maintenance of the property, including the public access
improvements, which relieves the City of this obligation.
PUBLIC OUTREACH
All property owners contiguous to the proposed conveyance property were contacted. In addition to the
owner/developer of 354 Walnut Street, this included one other property owner. With the reservation of public
access across the property, the other contiguous property owner did not have any concerns. More extensive
outreach was not deemed necessary given that the City's current use of the property will remain through a
reserved public access easement.
ATTACHMENTS
1. Sustainability Assessment Summary and Tool (PDF)
2. Location Map (PDF)
Packet Pg. 78
Attachment: First Reading Agenda Item Summary, April 21, 2015 (w/o attachments) (3114 : SR 048 Conveyance-Walnut Street 354)
- 1 -
ORDINANCE NO. 048, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF CITY PROPERTY
TO WALNUT STREET 354, LLC
WHEREAS, the City is the owner of a parcel of land located in downtown Fort Collins as
more particularly described on Exhibit A, attached and incorporated herein by reference (the
“City Property”); and
WHEREAS, the City Property was acquired by the City by deed in 1879, and is used as a
public alleyway; and
WHEREAS, Walnut Street 354, LLC (“Developer”) is the owner of property adjacent to
the City Property, on which Developer is proposing to construct a hotel and convention center
(the “Development Property”); and
WHEREAS, to maximize the use of the Development Property, Developer intends to
construct its project to the edge of the lot over most of the site, including the side that abuts the
City Property; and
WHEREAS, in order to provide the setback required to have windows on the side of the
hotel facing the City Property, Developer has asked to purchase the City Property; and
WHEREAS, as part of the proposed sale of the City Property, the City would reserve
public access and utility easements over it so that the City Property could continue to be used for
its current purposes; and
WHEREAS, the City and Developer have negotiated a price of $124,500 for the City
Property, based on its fair market value; and
WHEREAS, Developer would also pay an administrative fee of $1000 for staff time to
process the purchase request; and
WHEREAS, City staff believes that facilitating the development of a downtown hotel in
this way is in the best interests of the City, and that the conveyance of the City Property should
have no negative impacts on the City as the current use of the City Property will be preserved
through the reserved easements; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council 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 interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Packet Pg. 79
Attachment: Ordinance No. 048, 2015 (3114 : SR 048 Conveyance-Walnut Street 354)
- 2 -
Section 1. That the City Council hereby finds that the conveyance of the City
Property to Walnut Street 354, LLC as provided herein is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the City Property to Walnut Street 354, LLC on terms and conditions
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, including, but not limited to, any necessary changes to the legal
description of the City Property, as long as such changes to not materially increase the size or
change the character of the property interest to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2015, and to be presented for final passage on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 80
Attachment: Ordinance No. 048, 2015 (3114 : SR 048 Conveyance-Walnut Street 354)
EXHIBIT A
Packet Pg. 81
Attachment: Ordinance No. 048, 2015 (3114 : SR 048 Conveyance-Walnut Street 354)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Karen McWilliams, Historic Preservation Planner
SUBJECT
Second Reading of Ordinance No. 049, 2015, Designating the Holmes/Manges Property, 1202 LaPorte
Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of
Fort Collins.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 21, 2015, designates the Holmes/Manges
property, 1202 LaPorte Avenue as a Fort Collins Landmark. The owner of this property, Sharon Manges, is
initiating this request.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. 4.1 First Reading Agenda Item Summary, April 21, 2015 (w/o attachments) (PDF)
2. 4.2 Ordinance No. 049, 2015 (PDF)
Packet Pg. 82
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Karen McWilliams, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No. 049, 2015, Designating the Holmes/Manges Property, 1202 LaPorte Avenue,
Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort
Collins.
EXECUTIVE SUMMARY
The owner of this property, Sharon Manges, is initiating this request for Fort Collins Landmark designation of
the Holmes/Manges Property, 1202 Laporte Avenue. Built in 1905-06 by J. B. Kuhn, the red brick residence is
a nice example of early twentieth century Classic Cottage architecture. The historic wood frame garage, with
narrow horizontal drop siding, contributes to the architectural significance of the property.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Fort Collins Weekly Courier reported in 1905 that Eugene Holmes had engaged J. B. Kuhn to construct an
eleven room brick residence on Laporte Avenue. The cost was $2,500. Holmes was an educator, and taught
for many years at the Remington School. Described by early historian Ansel Watrous as a “beautiful home on
Laporte Avenue,” the brick dwelling consists of a tall hipped roof with prominent pedimented gables on front
and side elevations. The hipped front porch roof has a small centered gable with returns and is supported by
classical wood columns. The main entry door is paneled with square glazing and is flanked by sash and
decorative transom windows with stone sills and lintels. A second hipped roof porch, with turned spindle
supports, is located on the eastern elevation. The historic two-bay garage features early cross braced garage.
A pair of horizontally-oriented 8 by 8 light windows is found on the western elevation. The building is clad in
narrow horizontal drop siding and covered by a front gabled roof with open eaves and exposed rafter tails.
Purchased by the Manges family in 1970, the Holmes/Manges Property qualifies for Landmark recognition
under Standard C, Design/Construction.
CITY FINANCIAL IMPACTS
Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial
incentive programs available only to Landmark designated properties. Based upon research conducted by
Clarion Associates, the property should see an increase in value following designation. Clarion Associates
attributed this increase to the fact that future owners will also qualify for the financial incentives; the perception
that designated properties are better maintained; the appeal of owning a recognized historic landmark; and the
assurance of predictability that design review offers.
BOARD / COMMISSION RECOMMENDATION
The Landmark Preservation Commission recommends adoption of the Ordinance on First Reading. At a
public hearing held on January 14, 2015, the Landmark Preservation Commission voted unanimously to
ATTACHMENT 1
Packet Pg. 83
Attachment: First Reading Agenda Item Summary, April 21, 2015 (w/o attachments) (3115 : SR 049 Holmes/Manges Landmark-1202 LaPorte)
Agenda Item 8
Item # 8 Page 2
recommend designation of this property under Designation Standard (C), for its architectural significance to
Fort Collins.
ATTACHMENTS
1. Location Map (PDF)
2. Landmark Nomination (PDF)
3. Owner Consent (PDF)
4. Photos (PDF)
5. Landmark Preservation Commission Resolution 2, 2015 (PDF)
Packet Pg. 84
Attachment: First Reading Agenda Item Summary, April 21, 2015 (w/o attachments) (3115 : SR 049 Holmes/Manges Landmark-1202 LaPorte)
- 1 -
ORDINANCE NO. 049, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE HOLMES/MANGES PROPERTY, 1202 LAPORTE AVENUE,
FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO
CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established
a public policy encouraging the protection, enhancement and perpetuation of historic landmarks
within the City; and
WHEREAS, by Resolution dated January 14, 2015, the Landmark Preservation
Commission (the “Commission”) has determined that the Holmes/Manges Property located at
1202 Laporte Avenue in Fort Collins as more specifically described below (the “Property”) is
eligible for Landmark designation for its high degree of exterior integrity, and for its significance
to Fort Collins under Landmark Standard C (Design/Construction) as contained in Section 14-
5(2)(c) of the City Code; and
WHEREAS, the Commission has further determined that the Property meets the criteria
of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a
landmark, and has recommended to the City Council that the Property be designated by the City
Council as a landmark; and
WHEREAS, the owner of the Property has consented to such landmark designation; and
WHEREAS, such landmark designation will preserve the Property’s significance to the
community; and
WHEREAS, the City Council has reviewed the recommendation of the Commission and
desires to approve such recommendation and designate the Property as a landmark.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the foregoing recitals are incorporated herein by the City Council as
findings of fact.
Section 2. That the Property located in the City of Fort Collins, Larimer County,
Colorado, described as follows, to wit:
Beginning at a point which is 444.16 feet East of Southwest corner of the SE l/4 of the
NE1/4 of said Section 10, thence West 84 feet, thence North 230 feet, thence East 84 feet,
thence South 230 feet to the point of beginning
be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code.
Packet Pg. 85
Attachment: Ordinance No. 049, 2015 (3115 : SR 049 Holmes/Manges Landmark-1202 LaPorte)
- 2 -
Section 3. That the criteria in City Code Section 14-48 as they may from time to time
be amended, will serve as the standards by which alterations, additions and other changes to the
buildings and structures located upon the Property will be reviewed for compliance with City
Code Chapter 14, Article III.
Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2015, and to be presented for final passage on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 86
Attachment: Ordinance No. 049, 2015 (3115 : SR 049 Holmes/Manges Landmark-1202 LaPorte)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Karen McWilliams, Historic Preservation Planner
SUBJECT
Second Reading of Ordinance No. 050, 2015, Designating the Longyear Property, 719 Remington Street, Fort
Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 21, 2015, designates the Longyear Property,
719 Remington Street, as a Fort Collins Landmark. Owner James Danella is requesting this designation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. 5.1 First Reading Agenda Item Summary, April 21, 2015 (w/o attachments) (PDF)
2. 5.2 Ordinance No. 050, 2015 (PDF)
Packet Pg. 87
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Karen McWilliams, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No. 050, 2015, Designating the Longyear Property, 719 Remington Street, Fort
Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
EXECUTIVE SUMMARY
The purpose of this item is to designate the Longyear Property, 719 Remington Street, as a Fort Collins
Landmark. The property is eligible for Landmark recognition for its significance under Landmark Standard C,
Design/Construction. The dwelling has great architectural merit as a well preserved representation of early
twentieth century Victorian-era vernacular architecture. The locally rare two-bay garage contains a very
unusual Mission style parapet façade. The Longyear Property has additional significance under Landmark
Standard B, for its association with Colorado Agricultural College professor Burton O. Longyear, who
contributed substantially to the fields of forestry and horticulture.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 1904, A.F. Huleatt constructed an eight room “modern” residence at 719 Remington Street for Colorado
Agricultural College (CAC) Horticulture and Botany professor Burton O. Longyear. Longyear, who began his
teaching career at CAC that year, was both a scrupulous scientist and inspiring educator. He published a
number of bulletins, and at least two books, dealing with the horticulture of the Rocky Mountain region. His
“Shade Trees of Denver” publication had considerable impact on Denver’s ornamental horticulture. In 1909 he
was appointed head of the newly-established Department of Botany and Forestry at CAC. Around that same
time a degree program in forestry was created under Longyear’s advisement, with its first graduate in 1912. In
1911, Longyear was appointed to the position of Colorado State Forester. He served in that position until 1915.
He returned to teaching at CAC where he stayed until retirement in the 1930s.
Longyear's Remington Street home is a very nice example of early twentieth century Victorian-era vernacular
architecture in Fort Collins. Character-defining details include a nearly full-width, covered front porch with
column supports, decorative shingles in the gable ends and on dormers, and windows with decorative sashes.
The two-bay garage at the rear of the property, constructed with a very unique Mission style parapet façade,
could qualify for individual Landmark designation in its own right, but is nonetheless a significant contributing
element to this property.
CITY FINANCIAL IMPACTS
Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial
incentive programs available only to Landmark designated properties. Due to its listing on the National and
State Registers, the property owner already qualifies for state and federal financial programs for historic
preservation. Based upon research conducted by Clarion Associates, the property should see an increase in
value following designation. Clarion Associates attributed this increase to the fact that future owners will also
ATTACHMENT 1
Packet Pg. 88
Attachment: First Reading Agenda Item Summary, April 21, 2015 (w/o attachments) (3112 : SR 050 Longyear Landmark-719 Remington)
Agenda Item 9
Item # 9 Page 2
qualify for the financial incentives; the perception that designated properties are better maintained; the appeal
of owning a recognized historic landmark; and the assurance of predictability that design review offers.
BOARD / COMMISSION RECOMMENDATION
The Landmark Preservation Commission recommends adoption of the Ordinance on First Reading. At a
public hearing held on January 14, 2015, the Landmark Preservation Commission voted unanimously to
recommend designation of this property under Designation Standards (B) and (C), for its architectural
significance to Fort Collins and for its association with Colorado Agricultural College professor Burton O.
Longyear.
ATTACHMENTS
1. Location Map (PDF)
2. Landmark Nomination (PDF)
3. Owner Consent (PDF)
4. Photos (PDF)
5. Landmark Preservation Commission Resolution 1, 2015 (PDF)
Packet Pg. 89
Attachment: First Reading Agenda Item Summary, April 21, 2015 (w/o attachments) (3112 : SR 050 Longyear Landmark-719 Remington)
- 1 -
ORDINANCE NO. 050, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE LONGYEAR PROPERTY, 719 REMINGTON STREET
FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO
CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established
a public policy encouraging the protection, enhancement and perpetuation of historic landmarks
within the City; and
WHEREAS, by Resolution dated January 14, 2015, the Landmark Preservation
Commission (the “Commission”) has determined that the Longyear Property located at 719
Remington Street in Fort Collins as more specifically described below (the “Property”) is
eligible for Landmark designation for its high degree of exterior integrity, and for its significance
to Fort Collins under Landmark Standard B (Persons/Groups) as contained in Section 14-5(2)(b)
of the City Code and under Landmark Standard C (Design/Construction) as contained in Section
14-5(2)(c) of the City Code; and
WHEREAS, the Commission has further determined that the Property meets the criteria
of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a
landmark, and has recommended to the City Council that the Property be designated by the City
Council as a landmark; and
WHEREAS, the owner of the Property has consented to such landmark designation; and
WHEREAS, such landmark designation will preserve the Property’s significance to the
community; and
WHEREAS, the City Council has reviewed the recommendation of the Commission and
desires to approve such recommendation and designate the Property as a landmark.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the foregoing recitals are incorporated herein by the City Council as
findings of fact.
Section 2. That the Property located in the City of Fort Collins, Larimer County,
Colorado, described as follows, to wit:
North 1/2 of the North 1/2 of Lot 1, Block 127
be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code.
Section 3. That the criteria in City Code Section 14-48 as they may from time to time
Packet Pg. 90
Attachment: Ordinance No. 050, 2015 (3112 : SR 050 Longyear Landmark-719 Remington)
- 2 -
be amended, will serve as the standards by which alterations, additions and other changes to the
buildings and structures located upon the Property will be reviewed for compliance with City
Code Chapter 14, Article III.
Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2015, and to be presented for final passage on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 91
Attachment: Ordinance No. 050, 2015 (3112 : SR 050 Longyear Landmark-719 Remington)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Jon Haukaas, Water Engr Field Operations Mgr
SUBJECT
Second Reading of Ordinance No. 052, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to
Allow for the Waiver of Certain Requirements for a Temporary Connection to the Water System as an Irrigation
Source for the Establishment of Native Vegetation.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 21, 2015, amends City Code to allow the
Utilities Executive Director the option to waive the water plant investment fee (WPIF) for projects that only
require irrigation for the establishment of native vegetation during the first three years of growth. The City has
actively pursued native vegetation for greenspaces and landscaping as a means to reduce long term demand
and improve the sustainability of water availability in our region. Successful establishment of such vegetation
typically requires irrigation in its first two to three years. After establishment, it can be successful with only the
limited natural precipitation of the area. City Code requires that all connections to the water utility pay a WPIF.
With this change, the Utilities Executive Director may waive the WPIF for projects that only require irrigation for
the establishment of native vegetation during these first three years of growth. All charges for water use would
be due by the requesting customer as well as the costs to disconnect at the end of that period. After further
discussion, this item was modified to apply to any project meeting these goals. The Ordinance has been
amended on Second Reading to revise the definition of native vegetation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Based on Council feedback on First Reading, staff consulted with the Natural Areas Department regarding the
definition of “native vegetation”. It is staff’s recommendation to strike the language expressly providing an
alternate definition so that the subject language in the Ordinance now reads:
For the purposes of this requirement, native vegetation shall be as defined in the City’s Land Use Code or, if
native vegetation is no longer defined in the City’s Land Use Code, the Utilities Executive Director shall
determine whether the vegetation to be irrigated is native vegetation for the purposes of this Subsection (e)
following consultation with relevant City departments.
Relying primarily on the City’s Land Use Code definition allows there to be a single place to update the
definition of native vegetation as well as preventing the potential for conflicting language if either Code is
changed in the future. In the event that native vegetation were no longer defined in the City’s Land Use Code
for whatever reason, the Ordinance would provide guidance to staff regarding how to implement this
subsection while allowing staff to rely on the most up-to-date information available. The current language in
the City Land Use Code Section 5.1.2 Definitions is as follows:
Packet Pg. 92
Agenda Item 6
Item # 6 Page 2
Native vegetation shall mean any plant identified in Fort Collins Native Plants: Plant
Characteristics and Wildlife Value of Commercial Species, prepared by the City's Natural
Resources Department, updated February 2003.
ATTACHMENTS
1. 6.1 First Reading Agenda Item Summary, April 21, 2015 (w/o attachments) (PDF)
Packet Pg. 93
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Jon Haukaas, Water Engr Field Operations Mgr
SUBJECT
First Reading of Ordinance No. 052, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to
Allow for the Waiver of Certain Requirements for a Temporary Connection to the Water System as an Irrigation
Source for the Establishment of Native Vegetation.
EXECUTIVE SUMMARY
The purpose of this item is to allow the Utilities Executive Director the option to waive the water plant
investment fee (WPIF) for projects that only require irrigation for the establishment of native vegetation during
the first three years of growth. The City has actively pursued native vegetation for greenspaces and
landscaping as a means to reduce long term demand and improve the sustainability of water availability in our
region. Successful establishment of such vegetation typically requires irrigation in its first two to three years.
After establishment, it can be successful with only the limited natural precipitation of the area. City Code
requires that all connections to the water utility pay a WPIF. With this change, the Utilities Executive Director
may waive the WPIF for projects that only require irrigation for the establishment of native vegetation during
these first three years of growth. All charges for water use would be due by the requesting customer as well
as the costs to disconnect at the end of that period.
After further discussion, this item was modified to apply to any project meeting these goals.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
As the City has focused on more natural and sustainable capital infrastructure projects over the years, the
demand for temporary irrigation water to establish vegetation has increased. Examples include the Canal
Importation Basin & Outfall project at Red Fox Meadows Natural Area, Poudre River bank stabilization
projects, stream restoration projects on Fossil Creek, and the channel outfall project for the West Vine basin.
The latest project with a high demand for water is the Natural Areas department restoration at the new
Homestead Natural Area along he Poudre River. The Utility has examined various solutions to this dilemma
over time and determined that this modification to the City Code is the most reasonable method to address the
issue.
City Code requires that all connections to the water utility pay a water plant investment fee. This fee
recognizes the investments made by the customers of the Utility in creation of the overall system. The fee is
used for growth-related capital expansion costs of water supply, storage, transmission, treatment and
distribution facilities and related factors.
The establishment of native vegetation reduces the long term demand for water thereby improving the
sustainability of water availability in our region as well as impact to other Utility resources. Long term seasonal
uses would not be eligible for this waiver. Examples of such seasonal uses would include water fountains,
outdoor water features, and lawn irrigation to permanent City facilities. Such outdoor seasonal uses drive the
ATTACHMENT 1
Packet Pg. 94
Attachment: First Reading Agenda Item Summary, April 21, 2015 (w/o attachments) (3110 : SR 052 WPIF Fee Waiver)
Agenda Item 16
Item # 16 Page 2
ultimate capacity needs of the system and are therefore, also the primary driver when determining the sizing of
water main installation and replacement requirements. This translates to the value of the WPIF to charge for
system connections.
Prior to complete build-out of the City and system, excess capacity does exist on a limited basis. It is to the
advantage of our customers to maximize that availability of the system by allowing the use of this excess
capacity to establish native vegetation, provided it does not impact other long term needs or adversely affect
the capacity of the water utility to treat and deliver water for its users.
As an example of the water needed for the establishment of a major restoration project, to irrigate a 30 acre
with surface sprayers requires a 3” water connection. The WPIF for such a use is calculated based on the
peak day demand and equaled approximately $164,000 in 2014. This WPIF pays for the permanent
investment and ownership in the system.
Staff believes it is reasonable for this WPIF to be waived on projects that only need the connection for a period
of three years or less and will not adversely affect the ability of the water utility to treat and deliver water for its
users during that time.
For the same reasoning, this waiver is not appropriate for ongoing uses such as Homeowners Associations,
community gardens, or Community Supported Agriculture (CSAs) as these would require the water forever
thereby adding to the overall demands on the system rather than temporarily using excess capacity. Any use
adding to the demands of the system is required to pay a Plant Investment Fee.
CITY FINANCIAL IMPACTS
As this action would allow for the use of excess capacity in the distribution system, it will result in better
utilization of our infrastructure and additional revenue to the utility from the sale of water. This will provide a
more economical solution to obtaining water for native vegetation establishment the purchase of a permanent
water connection or compared to the cost to purchase and haul water to the site in tankers. All charges for
connection to the system, the water use during the period needed, and the costs to disconnect at the end of
that period, would be due by the requesting agency.
All connections will still be required to include a meter and associated infrastructure to record actual use. The
department requesting the connection will continue to be responsible for the costs of installation, all application
use and service charges, and will be required to escrow funds at the time of connection to cover future costs of
disconnection and restoration of impacted City infrastructure.
Use fees shall be set per City Code Subsection 26-129(b)(4) for use of water through a hydrant, which is an
analogous temporary use. These fees are calculated to include a payment to satisfy the Raw Water
Requirement of use of the City’s system.
It is also not the intention of this Code change to allow for a delay of payment of the WPIF for projects that will
need this connection for use after the initial three year establishment period. Any connection that is anticipated
to be needed for greater than three years would be required to pay the WPIF at the time of connection.
BOARD / COMMISSION RECOMMENDATION
At its February 19, 2015 meeting, the Water Board unanimously supported a recommendation that the City
Council approve the Ordinance.
PUBLIC OUTREACH
This item is specific to projects for which the City can ensure the use will be temporary only. Staff from the
Stormwater Utility, Parks, and Natural Areas were all consulted during the development of the proposed Code
revision language.
Packet Pg. 95
Attachment: First Reading Agenda Item Summary, April 21, 2015 (w/o attachments) (3110 : SR 052 WPIF Fee Waiver)
Agenda Item 16
Item # 16 Page 3
ATTACHMENTS
1. Water Board minutes, February 19, 2015 (draft) (PDF)
2. Powerpoint presentation (PDF)
Packet Pg. 96
Attachment: First Reading Agenda Item Summary, April 21, 2015 (w/o attachments) (3110 : SR 052 WPIF Fee Waiver)
- 1 -
ORDINANCE NO. 052, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO ALLOW FOR THE WAIVER OF CERTAIN REQUIREMENTS FOR A TEMPORARY
CONNECTION TO THE WATER SYSTEM AS AN IRRIGATION SOURCE FOR THE
ESTABLISHMENT OF NATIVE VEGETATION
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain, and provide for the collection of such rates, fees, or
charges for utility services furnished by the City as will produce revenues sufficient to pay the
costs, expenses, and other obligations of the water utility, as set forth therein; and
WHEREAS, City Code Section 26-120 requires the payment of water plant investment
fees (“WPIFs”) which reflect the investments made by the customers of the water utility in the
creation of the overall water system; and
WHEREAS, the WPIFs are based on and used for growth-related capital expansion costs
of water supply, storage, transmission, treatment and distribution facilities and related factors;
and
WHEREAS, excess capacity in the existing water system may exist on a short-term basis
that can be made available to projects of limited duration, which do not require capital
expansions or improvements to the water system and which do not necessitate the imposition of
costs related to capital expansions or improvements; and
WHEREAS, the establishment of new native vegetation for a period not to exceed three
consecutive irrigation seasons is such a project of limited duration; and
WHEREAS, City Code Section 26-149 does not currently address the amount of the raw
water requirement for such temporary use for the establishment of new native vegetation and
does not address the amount of the annual allotment for such use, both of which may be based on
the amount of water that would be applied to the subject native vegetation during the irrigation
season; and
WHEREAS, City Code Section 26-150 does not currently address the satisfaction of the
raw water requirement for such temporary use for the establishment of new native vegetation,
which may be satisfied through a payment in an amount equal to that used for fire hydrant fees in
City Code Subsection 26-129(b)(4); and
WHEREAS, it is to the advantage of water utility customers to maximize any excess
capacity in the existing water system, provided that it does not adversely affect the capacity of
the water utility to treat and deliver water for its users; and
WHEREAS, the City Manager and City staff have recommended to the City Council that
the following changes be made.
Packet Pg. 97
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 26-120(e) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-120. Water plant investment fees.
. . .
(e) Notwithstanding the provisions of Subsection (a) of this Section the Utilities
Executive Director may waive payment of the WPIF if the Utilities Executive Director
determines that the requested connection will not adversely affect the capacity of the
water utility to treat and deliver water for its users, and if at least one of the following
sets of requirements applies. Under either set of requirements, the Utilities Executive
Director shall have the authority to discontinue the temporary water service if the
capacity of the water utility to treat and deliver water to its users is adversely affected.
(1) The applicant is a customer of the water utility and shall only use the
water connection as a source of irrigation water for the establishment of new
native vegetation. For the purposes of this requirement, native vegetation shall be
as defined in the City’s Land Use Code or, if native vegetation is no longer
defined in the City’s Land Use Code, shall be vegetation that normally does not
require water in addition to precipitationthe Utilities Executive Director shall
determine whether the vegetation to be irrigated is native vegetation for the
purposes of this Subsection (e) following consultation with relevant City
departments. The approved period of such connection shall not exceed a period
of three (3) consecutive irrigation seasons. The applicant shall physically separate
and abandon the water connection from the City’s water distribution system at the
end of the approved period of such connection and shall, before any such
connection is made, escrow funds with the Utility to complete such disconnection
and abandonment, with the amount of the funds to be determined by the Utilities
Executive Director based on the estimated direct costs to complete such
disconnection and abandonment plus fifteen (15) percent for indirect costs.
(2) The applicant is a City service area, department or division, or the Poudre
Fire Authority, no new physical connection to the City’s water system is required,
water use under this Subsection (e) would not occur during the period of May 1
through September 30, and the Utilities Executive Director determines that the
applicant’s water use under this Subsection (e) during such time period is
necessary because the applicant’s regular water supply has become unavailable
during that period and the unavailability of the applicant’s regular water supply
will result in measurable economic damage to the applicant.
. . .
Packet Pg. 98
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Section 2. That Section 26-149 of the Code of the City of Fort Collins is hereby
amended by the addition of a new subsection (g) which reads in its entirety as follows:
Sec. 26-149. Raw water requirement; nonresidential service.
. . .
(g) Applicants seeking a temporary water connection under Subsection 26-120(e)(1)
shall meet the RWR and shall be assigned an annual allotment as set forth in this
Subsection. The RWR for such applicants shall be three times the maximum estimated
amount of water that would be applied to the subject native vegetation during one
irrigation season, as determined by the Utilities Executive Director. The annual allotment
shall for such applicants shall be the maximum estimated amount of water that would be
applied to the subject native vegetation during one irrigation season, as determined by the
Utilities Executive Director.
Section 3. That Section 25-150(a) of the Code of the City of Fort Collins is hereby
amended by the addition of a new paragraph (4) which reads in its entirety as follows:
Sec. 26-150. Raw water requirements; satisfaction.
(a) The RWR imposed pursuant to this Division may be satisfied by one (1) or more
of the following methods:
. . .
(4) Applicants seeking a temporary water connection under Subsection 26-
120(e)(1) shall meet the RWR by a payment to Utilities in the amount of six
dollars and zero cents ($6.00) per one thousand (1,000) gallons.
. . .
Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2015, and to be presented for final passage on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 99
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Passed and adopted on final reading on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 100
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Dan Coldiron, Chief Information Officer
SUBJECT
Second Reading of Ordinance No. 053, 2015, Extending the Terms of a Non-Exclusive Franchise by the City
of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to Make
Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights-of-Way,
Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and
Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 21, 2015, extends the current Cable Franchise
Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of
47 days to July 31, 2015. The current, extended agreement expires June 14, 2015. City staff and Comcast
representatives have reached mutual agreement on the final elements of the new agreement. The additional
47 days will allow for more time for public input prior to the consideration of the new agreement by Council.
The proposed extension will maintain the terms and conditions of the existing Franchise for the duration of the
extension.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. 7.1 First Reading Agenda Item Summary, April 21, 2015 (PDF)
2. 7.2 Ordinance No. 053, 2015 (PDF)
Packet Pg. 101
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Dan Coldiron, Chief Information Officer
SUBJECT
First Reading of Ordinance No. 053, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of
Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to Make
Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights-of-Way,
Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and
Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City.
EXECUTIVE SUMMARY
The purpose of this item is to request a second extension of the current Cable Franchise Agreement between
the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of 47 days to July 31,
2015. The current, extended agreement expires June 14, 2015. City staff and Comcast representatives have
reached mutual agreement on the final elements of the new agreement. The additional 47 days will allow for
more time for public input prior to the consideration of the new agreement by Council. The proposed extension
will maintain the terms and conditions of the existing Franchise for the duration of the extension.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado,
LLC (Comcast) was adopted by City Council on March 7, 2006. The current Franchise agreement would have
expired on March 16, 2015, but was extended 90 days and will now expire on June 14, 2015.
The Federal Telecommunications Act allows cities and cable companies to begin negotiations up to 36 months
prior to the expiration of a franchise. The City began the process in February, 2013 by issuing a Request for
Proposal for consulting services to obtain a community needs assessment. Staff first met with City Council in
April, 2014 to present the needs assessment report, identify issues to be addressed in the negotiations, and to
obtain Council direction related to those issues.
Over the course of the ensuing 10 months, City staff and Comcast negotiators met frequently and negotiated
terms for most of the franchise requirements. In order to reach final agreement on the final unresolved items
being considered during the negotiations, an extension to the existing agreement was requested of and
adopted by Council on March 3, 2015. The City’s negotiation team and Comcast representatives have since
reached agreement on all remaining items and are ready to present the final agreement to Council for
consideration.
In order to allow additional time for public input on the proposed new franchise agreement, an additional 47
day extension is now being requested. The current franchise would then expire on July 31, 2015.
ATTACHMENT 1
Packet Pg. 102
Attachment: First Reading Agenda Item Summary, April 21, 2015 (3111 : SR 053-Comcast Extension)
- 1 -
ORDINANCE NO. 053, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXTENDING THE TERMS OF A NON-EXCLUSIVE FRANCHISE BY
THE CITY OF FORT COLLINS TO COMCAST OF CALIFORNIA/COLORADO LLC
AND ITS SUCCESSORS AND ASSIGNS FOR THE RIGHT TO MAKE
REASONABLE USE OF, AND ERECT, CONSTRUCT, OPERATE AND
MAINTAIN THROUGH, THE PUBLIC RIGHTS-OF-WAY, EASEMENTS
AND OTHER PUBLIC PROPERTY ANY EQUIPMENT NECESSARY AND
APPURTENANT TO THE OPERATION AND MAINTENANCE OF A
CABLE SYSTEM AND THE PROVISION OF CABLE SERVICES TO
CITIZENS WITHIN THE CITY
WHEREAS, Comcast of California/Colorado LLC (“Comcast”), currently holds a cable
franchise (the “Franchise”) with the City of Fort Collins, granted by Ordinance No. 010, 2006,
on March 7, 2006; and
WHEREAS, the Franchise was scheduled to expire by its terms on March 16, 2015; and
WHEREAS, on March 3, 2015, the City Council adopted Ordinance No. 020, 2015,
extending the Franchise for 90 days, until June 14, 2015, to allow Comcast and the City to finish
negotiating a renewal of the Franchise; and
WHEREAS, Comcast and the City have completed negotiations, but in order to allow
additional time for public input on the proposed new franchise agreement, staff has been asked to
revise the schedule for Council consideration of the new agreement; and
WHEREAS, Comcast and the City are therefore requesting a second extension of the
Franchise for an additional 47 days, concluding July 31, 2015; and
WHEREAS, it is in the best interests of the citizens of the City to extend the term of the
Franchise for an additional 47 days; and
WHEREAS, neither party waives any right that it enjoys under law as a result of agreeing
to this Franchise extension, and Comcast shall not be required to file any additional request or
document in order to preserve its right of renewal under Section 626 of the Cable Act; and
WHEREAS, Comcast has agreed to the extension of the Franchise as set forth in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT COLLINS, COLORADO, as follows:
Section 1. That the Franchise between Comcast and the City, as previously extended
pursuant to Ordinance No. 020, 2015, is hereby extended for a period of 47 days, to expire on
July 31, 2015. The Franchise shall remain in effect, pursuant to the terms and conditions
Packet Pg. 103
Attachment: Ordinance No. 053, 2015 (3111 : SR 053-Comcast Extension)
- 2 -
contained therein, until the new expiration date, or until a new agreement is entered into between
the parties, or until the Franchise is terminated pursuant to its terms.
Section 2. That if any portion of this ordinance is held to be unconstitutional or
invalid for any reason, such decision shall not affect the constitutionality or validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each part hereof irrespective of the fact that any one part be declared
unconstitutional or invalid.
Section 3. That all other ordinances or portions thereof inconsistent or conflicting
with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency
or conflict.
Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2015, and to be presented for final passage on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 104
Attachment: Ordinance No. 053, 2015 (3111 : SR 053-Comcast Extension)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
David Pearson, Police Lieutenant
SUBJECT
First Reading of Ordinance No. 054, 2015, Appropriating Unanticipated Grant Revenue in the General Fund
and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-
Jurisdictional Northern Colorado Drug Task Force.
EXECUTIVE SUMMARY
Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice
on behalf of the Northern Colorado Drug Task Force (NCDTF) for federal grant monies to help fund the
investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset joint
task force operations.
In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task
force is transferring $256,160 from its forfeiture reserve account to its 2015 operating budget to cover
unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people
engaged in illegal drug activities.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This appropriation is not a request to identify new dollars for the 2015 Police Services budget. This action is
taken every year when federal awards are granted and the NCDTF budget is set. This action will appropriate
$80,273 and $58,642 in new federal grant money and will authorize the transfer of $256,160 from the forfeiture
reserve account for unfunded operating expenses in 2015.
The NCDTF currently includes Fort Collins Police Services, the Loveland Police Department, and Colorado
Adult Parole.
CITY FINANCIAL IMPACTS
The City has received two grant awards for the operation of the NCDTF. These grants will be used for task
force operating expenses.
Office of National Drug Control Policy (2015-HIDTA) in the amount of $80,273.
Edward Byrne Memorial Justice Assistance Grant (2014-2015 JAG) in the amount of $58,642.
In addition, $256,160 will be transferred from the NCDTF forfeiture reserve account to the City of Fort Collins
General Fund to establish the 2015 annual operating budget for expenses that are not grant funded. There is
no financial impact to the City of Fort Collins as there are no matching funds required.
Packet Pg. 105
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ORDINANCE NO. 054, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND
AND AUTHORIZING THE TRANSFER OF APPROPRIATED AMOUNTS BETWEEN
ACCOUNTS AND PROJECTS FOR THE MULTI-JURISDICTIONAL NORTHERN
COLORADO DRUG TASK FORCE
WHEREAS, the Office of National Drug Control Policy and Department of Justice has
awarded Fort Collins Police Services (“FCPS”) two grant awards of federal money in the amount
of $138,915; and
WHEREAS, no matching funds are required for the grant funds and that the City and
FCPS shall administer the grant for the Task Force; and
WHEREAS, there is $256,160 in prior forfeiture reserve funds in the restricted Northern
Colorado Drug Task Force (the “Task Force”) Reserve in the General Fund; and
WHEREAS, the grants and prior reserve funds will be used by the Task Force to help
fund the investigation of illegal narcotics activities and the 2015 annual operating budget of the
Task Force; and
WHEREAS, the Task Force consists of representatives from FCPS, Loveland Police
Department, and Colorado Adult Parole; 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, 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; and
WHEREAS, the City staff has determined that the appropriation of the grant funds as
described herein will not cause the total amount appropriated in the General Fund to exceed the
current estimate of actual and anticipated revenues to be received in that fund during the fiscal
year; and
WHEREAS, it is the desire of the City Council to appropriate unanticipated revenue and
prior reserves in the Task Force Reserve for transfer to the General Fund for appropriation
therein for FCPS for the Task Force.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Packet Pg. 106
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Section 1. That there is hereby appropriated from unanticipated grant revenue in the
General Fund the sum of ONE HUNDRED THIRTY EIGHT THOUSAND NINE HUNDRED
FIFTEEN DOLLARS ($138,915) for expenditure, upon receipt, in the General Fund for Police
Services for the Northern Colorado Drug Task Force.
Section 2. That there is hereby appropriated from prior year reserves in the Northern
Colorado Drug Task Force Reserve the sum of TWO HUNDRED FIFTY SIX THOUSAND
ONE HUNDRED SIXTY DOLLARS ($256,160) for transfer to the General Fund and
appropriated therein, for Police Services for the Northern Colorado Drug Task Force.
Introduced, considered favorably on first reading, and ordered published this 5th day of
May, A.D. 2015, and to be presented for final passage on the 19th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 107
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Marc Ragasa, Civil Engineer
SUBJECT
First Reading of Ordinance No. 055, 2015, Vacating Right-of-Way as Dedicated on a Plat of Registry Ridge
Fourth Filing.
EXECUTIVE SUMMARY
The purpose of this item is to vacate Cabot Court, Nimitz Drive, Hornet Drive, Kitty Hawk Court and Enterprise
Drive right-of-way that is no longer necessary or desirable to retain for street purposes. The property is
proposed to be replatted as Registry Ridge Seventh Filing, which was approved through an Administrative
Hearing on March 5, 2015.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In April 2002, a plat was filled as part of the Registry Ridge Fourth Filing, which included Cabot Court, Hornet
Drive, Kitty Hawk Court and Nimitz Drive and Enterprise Drive south of Bon Homme Richard Drive. Public
improvements for Registry Ridge Fourth Filing were not completed and the project has expired.
A proposed subdivision, Registry Ridge Seventh Filing, intends to replat portions of Registry Ridge Fourth
Filing and was approved through administrative hearing on March 5, 2015. The applicant has requested this
vacation because they wish to change the roadway alignment to utilize a different housing product than what
was approved with the Registry Ridge Fourth Filing.
Vacating public right-of-way is governed by City Code Section 23-115, which provides for an application and
review process prior to submission to the City Council for formal consideration. The process includes
notification and review of the request by potentially affected utility agencies, City staff, emergency service
providers, and affected property owners adjacent to the proposed right-of-way vacation. This review process
was followed in conjunction with the review of the Registry Ridge Seventh Filing Development Plan.
CITY FINANCIAL IMPACTS
There are no financial impacts to the vacation of this portion of right of way.
PUBLIC OUTREACH
A memorandum requesting input was sent to the utility providers, potentially impacted City departments and
adjacent property owners. The other adjacent property owners and the person requesting the vacation are one
in the same and thus no letters were sent to adjacent property owners.
Packet Pg. 108
Agenda Item 9
Item # 9 Page 2
ATTACHMENTS
1. 9.1 Vicinty map (PDF)
Packet Pg. 109
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- 1 -
ORDINANCE NO. 055, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING RIGHT-OF-WAY AS DEDICATED
ON A PLAT OF REGISTRY RIDGE FOURTH FILING
WHEREAS, the plat of Registry Ridge Fourth Filing included dedication to the public of
right-of-way for Cabot Court, Nimitz Drive, Hornet Drive, Kitty Hawk Court and Enterprise
Drive; and
WHEREAS, the public infrastructure improvements for Registry Ridge Fourth Filing
were not timely completed and the Fourth Filing has now expired; and
WHEREAS, BQ LLC, the developer of the approved Registry Ridge Seventh Filing,
which is a replat of portions of the Registry Ridge Fourth Filing, has requested this vacation
because the Registry Ridge Seventh Filing road alignment is different than what was included in
the Registry Ridge Fourth Filing; and
WHEREAS, said portion of right-of-way is no longer necessary or desirable to retain for
street purposes; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
and reported no objection to the proposed vacation; and
WHEREAS, the right of the residents of the City of Fort Collins will not be prejudiced or
injured by the vacation of said street right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the street rights-of-way for Cabot Court, Nimitz Drive, Hornet Drive,
Kitty Hawk Court and Enterprise Drive, more particularly described on Exhibit "A" attached
hereto and incorporated herein by this reference, are hereby vacated, abated and abolished,
provided however, that:
1) this vacation shall not take effect until this Ordinance is recorded with the
Larimer County Clerk and Recorder; and
2) this Ordinance shall be recorded concurrently with the subdivision plat for
the development known as “Registry Ridge Filing Seventh Filing”; and
3) if this Ordinance is not recorded by May 19, 2018, then this Ordinance
shall become null and void and of no force and effect.
Packet Pg. 111
- 2 -
Introduced, considered favorably on first reading, and ordered published this 5th day of
May, A.D. 2015, and to be presented for final passage on the 19th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 112
Packet Pg. 113
Attachment1: Exhibit A (3101 : Registry Ridge Fourth Filing ROW Vacation - Ordinance)
Packet Pg. 114
Attachment1: Exhibit A (3101 : Registry Ridge Fourth Filing ROW Vacation - Ordinance)
Packet Pg. 115
Attachment1: Exhibit A (3101 : Registry Ridge Fourth Filing ROW Vacation - Ordinance)
Packet Pg. 116
Attachment1: Exhibit A (3101 : Registry Ridge Fourth Filing ROW Vacation - Ordinance)
Packet Pg. 117
Attachment1: Exhibit A (3101 : Registry Ridge Fourth Filing ROW Vacation - Ordinance)
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Marc Ragasa, Civil Engineer
SUBJECT
First Reading of Ordinance No. 056, 2015, Vacating Portions of the Rights-of-Way as Dedicated on the Plat of
Riverside Park.
EXECUTIVE SUMMARY
The purpose of this item is to vacate portions of College Avenue right-of-way at the southwest corner of North
College Avenue and Pinion Street.
STAFF RECOMMENDATION
Staff recommends the adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 1892, the Riverside Park plat, located east of North College Avenue, North of East Vine Drive and South of
Hickory Street, was platted for residential lots within Larimer County. This plat allowed for 90 feet of right-of-
way (ROW) from the centerline of the roadway along North College Avenue.
Over time, Larimer County began vacating portions of ROW either by a series of properties or whole blocks
along North College Avenue within the Riverside Park plat. Since the County chose not to vacate all the
parcels along North College Avenue in one vacation and the properties that were vacated were random, the
property at 935 North College Avenue was mistakenly left as originally platted. This excess right-of-way has
been treated as private property from the time that the other surrounding properties were vacated by the
County.
In 2011, the City began to acquire ROW to construct improvements along North College Avenue between the
Poudre River and Conifer Street (North College Improvements).The project team discovered that the existing
ROW from the centerline of the roadway at 935 North College Avenue was 90 feet, while the neighboring
properties had a ROW distance of 40 feet from the roadway centerline. The North College Improvements
required an ultimate ROW width of 110 feet, or 55 feet on each side of the centerline to accommodate these
improvements. The team determined that there was an excess of 35 feet of right-of-way at this location.
The City Manager would like to vacate this portion of right-of-way since there are no future City ROW needs.
The recently constructed improvements meet the long term goals for North College Avenue, according to the
City’s Master Street Plan. The City also looked at the long term needs for Pinion Street and determined that
the existing ROW is adequate for any future improvements. In order to accommodate future utility needs, the
City will retain a 15-foot utility and slope easement behind the new right-of-way line.
CITY FINANCIAL IMPACTS
There are no financial impacts to the vacation of this portion of right-of-way.
Packet Pg. 118
Agenda Item 10
Item # 10 Page 2
PUBLIC OUTREACH
A memorandum requesting input was sent to the utility providers, potentially impacted City departments and
the property owner. There was no oppositions to the vacation.
ATTACHMENTS
1. 10.1 Vicinity map (PDF)
Packet Pg. 119
Cajetan
St
Conifer
St
Walnut St
P
ascal St
Maple St
Cherry St
Chestnut St
O
s
iander St
Sycamore St
Blondel St
Blue
S
pruce Dr
Muddler Ct
Sundrop Cir
Spurge Cir
Sugarpine St
Logan Ave
Aspen Hei
g
hts Way
N Mason St
Bellflower Dr
N Sherwood St
Heschel St
3rd St
1st St
Ginseng Cir
Baum St
Lupine
D
r
Pine St
Alpine St
Hickory St
La Gari
t
a Ln
Sangre De Cristo Ln
Sol Vista Ln
Mas
o
n
C
t
Pinon St
Hemlock St
Buckingham St
Poudre St
N Meldrum St
Red Cedar Cir
Willow St
Woodlawn Dr
Aspen
Redwood St
- 1 -
ORDINANCE NO. 056, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING PORTIONS OF THE RIGHTS-OF-WAY AS DEDICATED
ON THE PLAT OF RIVERSIDE PARK
WHEREAS, the plat of Riverside Park included dedication to the public of right-of-way
for College Avenue; and
WHEREAS, the City Manager has requested the vacation of this right-of-way; and
WHEREAS, said portion of right-of-way is no longer necessary or desirable to retain for
street purposes; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
and reported no objection to the proposed vacation, provided that a utility easement be reserved
unto the City; and
WHEREAS, the right of the residents of the City will not be prejudiced or injured by the
vacation of said street right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the College Avenue right-of-way, more particularly described on Exhibit
"A" attached hereto and incorporated herein by this reference, is hereby vacated, abated and
abolished, reserving a perpetual public utility and slope easement unto the City, more
particularly described on Exhibit “A” provided however, that this vacation shall not take effect
until this Ordinance is recorded with the Larimer County Clerk and Recorder.
Introduced, considered favorably on first reading, and ordered published this 5th day of
May, A.D. 2015, and to be presented for final passage on the 19th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 121
- 2 -
Passed and adopted on final reading on the 19th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 122
&9)*#*5"
Packet Pg. 123
Attachment1: Exhibit A (3100 : Riverside Park Vacation ORD)
Packet Pg. 124
Attachment1: Exhibit A (3100 : Riverside Park Vacation ORD)
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Christine Macrina, Boards and Commissions Coordinator
SUBJECT
Resolution 2015-048 Making Board and Commission Liaison Assignments and Various Committee, Board and
Authority Appointments.
EXECUTIVE SUMMARY
The purpose of this item is to make Councilmember liaison assignments to boards and commissions and make
various committee, board and authority appointments.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Following the Council organizational meeting in April of odd-numbered years, Councilmembers decide which of
the various board and commission liaison assignments and committee appointments are of interest to them as
individuals. At the April 28, 2015 Council Work Session, Councilmembers discussed liaison and committee
assignments, this Resolution will adopt those that need no further discussion.
Packet Pg. 125
- 1 -
RESOLUTION 2015-048
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING BOARD AND COMMISSION LIAISON ASSIGNMENTS
AND VARIOUS COMMITTEE, BOARD AND AUTHORITY APPOINTMENTS
WHEREAS, the City Council appoints Councilmembers to serve as liaisons to the City’s
boards and commissions; and
WHEREAS, the City Council is also desirous of appointing representatives to certain
other organizations of which the City is a member.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the following named Councilmembers are hereby appointed to serve
as Council liaisons to the following City boards and commissions until such time as the City
Council may reconsider such appointments:
BOARD LISTED BY KEY OUTCOME LIAISON
COMMUNITY AND NEIGHBORHOOD LIVABILITY
AFFORDABLE HOUSING BOARD Ray Martinez
COMMISSION ON DISABILITY Ray Martinez
CDBG COMMISSION Kristen Stephens
HUMAN RELATIONS COMMISSION Bob Overbeck
LANDMARK PRESERVATION COMMISSION Gino Campana
SENIOR ADVISORY BOARD Gerry Horak
WOMEN’S COMMISSION Kristen Stephens
ZONING BOARD OF APPEALS Bob Overbeck
CULTURE AND RECREATION
CULTURAL RESOURCES BOARD Wade Troxell
GOLF BOARD Gino Campana
PARKS AND RECREATION BOARD Gino Campana
YOUTH ADVISORY BOARD Ray Martinez
Packet Pg. 126
- 2 -
ECONOMIC HEALTH
ART IN PUBLIC PLACES BOARD Kristen Stephens
BUILDING REVIEW BOARD Ross Cunniff
ECONOMIC ADVISORY COMMISSION Wade Troxell
PARKING ADVISORY BOARD Kristen Stephens
ENVIRONMENTAL HEALTH
AIR QUALITY ADVISORY BOARD Ross Cunniff
ENERGY BOARD Ross Cunniff
LAND CONSERVATION AND STEWARDSHIP
BOARD Gerry Horak
NATURAL RESOURCES ADVISORY BOARD Bob Overbeck
WATER BOARD Wade Troxell
HIGH PERFORMING GOVERNMENT
RETIREMENT COMMITTEE Gerry Horak
SAFE COMMUNITY
CITIZEN REVIEW BOARD Ray Martinez
TRANSPORTATION
TRANSPORTATION BOARD Ross Cunniff
Section 2. That the following named Councilmembers be, and they hereby are,
appointed to serve on the following Council boards and committees until such time as the
Council may reconsider such appointments:
ETHICS REVIEW BOARD
Ray Martinez
Gino Campana
Kristen Stephens
Ross Cunniff (Alternate)
Packet Pg. 127
- 3 -
FINANCE COMMITTEE
Ross Cunniff
Gerry Horak
Wade Troxell
FUTURES COMMITTEE
Gino Campana
Kristen Stephens
Wade Troxell
LEGISLATIVE REVIEW COMMITTEE
Ray Martinez
Gino Campana
Ross Cunniff
Section 3. That the following named Councilmembers be, and they hereby are,
appointed to serve as representatives on the following boards, committees, councils and
authorities until such time as the Council may reconsider such appointments:
CML POLICY COMMITTEE
Wade Troxell
DISASTER COUNCIL (Mayor)
Wade Troxell
FORFEITED PROPERTY DISPOSITION COMMITTEE (Mayor or designee)
Wade Troxell
HOUSING AUTHORITY
Ross Cunniff
LARIMER COUNTY OPEN LANDS ADVISORY BOARD
Gerry Horak
LIBRARY TRUSTEE SELECTION COMMITTEE
Kristen Stephens
Gerry Horak
Packet Pg. 128
- 4 -
NORTH COLLEGE URBAN RENEWAL PLAN CITIZEN ADVISORY GROUP
Ray Martinez
NORTH FRONT RANGE METROPOLITAN PLANNING COUNCIL (MPO)
Gerry Horak
Bob Overbeck (Alternate)
PLATTE RIVER POWER AUTHORITY (Mayor or designee, City Representative)
Gerry Horak
Wade Troxell
POUDRE FIRE AUTHORITY BOARD OF DIRECTORS
Kristen Stephens
Gerry Horak
POUDRE HERITAGE ALLIANCE
Bob Overbeck
POUDRE SCHOOL DISTRICT LIAISON COMMITTEE
Kristen Stephens
Ross Cunniff
Passed and adopted at a regular meeting of the City Council held this 5th day of May,
A.D. 2015.
Mayor
ATTEST:
City Clerk
Packet Pg. 129
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Jessica Ping-Small, Revenue and Project Manager
Mike Beckstead, Chief Financial Officer
SUBJECT
Items Relating to Appropriation of Funds to Reimburse Woodward, Inc. For Development Fees, Capital
Improvement Expansion Fees and Use Tax.
EXECUTIVE SUMMARY
Option 1:
First Reading of Ordinance No. 057, 2015, Appropriating Prior Year Reserves in the General Fund to
Reimburse Woodward, Inc. for Development Fees, Capital Expansion Improvement Fees, and Use Tax.
Option 2:
First Reading of Ordinance No. 058, 2015, Appropriating Prior Year Reserves in the General, Capital
Expansion, and Street Oversizing Funds to Reimburse Woodward, Inc. for Development Fees, Capital
Expansion Improvement Fees, and Use Tax.
The purpose of this item is to appropriate $2,107,261 of prior year reserves for a rebate to Woodward for fees
and use tax as approved by City Council on April 2, 2013 (Ordinance No. 055, 2013). Ordinance No. 055, 2013
approved an agreement between the City, Downtown Development Authority (DDA), and Woodward, Inc. The
agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters as well as
an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and
Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. The City’s
assistance includes a rebate of Use Tax, Development Fees, and Capital Improvement Expansion Fees. The
Council is presented with two options. Option 1 is an ordinance that would appropriate all rebates from the
General Fund’s prior year reserves. Option 2 is an ordinance that would also appropriate all the rebates from
the General Fund’s prior year reserves, except for the rebate of Capital Improvement Expansion Fees, which
would be appropriated from the prior year reserves in the Capital Expansion and Street Oversizing funds for
the rebated Capital Improvement Expansion Fees. Council should adopt only one of the proposed options; the
other ordinance will be withdrawn.
STAFF RECOMMENDATION
Staff recommends adoption of Option 2, Ordinance No. 058, 2015, on First Reading.
BACKGROUND / DISCUSSION
Agreement Summary
On April 2, 2013, City Council adopted Ordinance 055, 2013 approving an Economic Development Project
Agreement (“Agreement”) between the City, the DDA, and Woodward, Inc. The Agreement specifies
Woodward is eligible for a rebate in three areas:
Packet Pg. 130
Agenda Item 12
Item # 12 Page 2
Use Tax on Construction Materials and Eligible Equipment (up to 80%)
Development Fees (100%)
Capital Improvement Expansion Fees and Utility PIF Fees (up to 50%).
Employment Level Requirements
The three rebate categories were offered with the stipulation that employment levels must reach or exceed
1,400 employees within the City by December 31, 2018.
If a rebate request is made prior to December 31, 2018, the City will withhold 40% of the rebate until
set employment levels have been met
If a rebate request is made prior to December 31, 2018, 60% of the earned rebates will be paid on the
schedule agreed upon by Woodward
If the target employment level is reached after December 31, 2018 but before December 31, 2020,
Woodward will receive the retained 40 percent less $500,000 (combined between use tax and
development fee rebates)
Woodward will not be entitled to the remaining 40 percent if the target level is not reached by
December 31, 2020.
Rebate Schedule as agreed upon with Woodward
Staff has developed a rebate schedule with Woodward which is consistent with the Agreement whereby two
rebate applications will be processed each year. The two applications per year consist of the following
components:
Application 1 includes:
o January through June: Development Review and Capital Improvement Expansion Fees
Application 2 includes:
o July through December: Development Review and Capital Improvement Expansion Fees
o January through December: Use Tax
Rebate funds will be appropriated by City Council biannually as part of the rebate process.
This rebate application is for 2014 and includes use tax for the entire year and development review fees and
capital improvement expansion fees for July through December.
Packet Pg. 131
Agenda Item 12
Item # 12 Page 3
*Use Tax Rebate only paid once per year and includes use tax for Jan-Dec 2014.
**General Fund backfill based on full rebate owed
For the application period, Woodward earned a total of $3,512,102 in rebates. Of that amount, 40% is held
back pending the aforementioned employee level requirements. The remaining 60% which totals $2,107,261 is
requested for rebate at this time. The 40% that is held back has been assigned within the General Fund in
recognition of the potential future obligation.
General Fund Backfill Discussion
When the Agreement was originally signed in 2013, the approach at the time was that the General Fund would
be used as “backfill” to make the funds that were impacted by the agreement whole. The original approach is
summarized as follows:
2013 Approach:
100% of the Capital Improvement Expansion Fee (“CIE”) rebate will be paid from the General Fund
100% of the Development Review Fee rebate would be paid from the General Fund
100% of the Utility Plant Investment Fees would be paid from the General Fund
100% of the dedicated taxes will be paid from the General Fund
o .25% Natural Areas
o .25% Streets and Transportation
o .25% Building on Basics Projects
o .85% Keep Fort Collins Great
After further consideration, the approach to backfill the Capital Improvement Expansion Fee funds has been
revisited. After reviewing the question of backfill in CIE fees with the City Attorney’s Office, staff is requesting
that Council consider a new approach. The new approach would not backfill the CIE funds from the General
Fund. No change is being considered to the Development Review Fees, Utility Plant Investment Fees and
Dedicated Use Tax approach.
The pros of not using the General Fund to backfill the CIE funds are:
Retaining funds within the General Fund provides greater flexibility for future expenditures
General Fund revenue can support capital projects in the future if needed whereas CIE funds cannot
support General Fund needs
Packet Pg. 132
Agenda Item 12
Item # 12 Page 4
The con of the approach is:
CIE funds have less revenue
Impact of Backfill to CIE Funds:
Factors for City Council Consideration:
The original rebate of CIEs was and is an exception to normal practice
Backfill decision is specific to the Woodward rebate and NOT a long term policy decision on how other
rebates may be addressed in the future
No impact to near term projects by not using General Fund backfill
o Police and Fire funds primarily used for debt service currently
o Street oversizing fees have long term funding requirements that exceed revenue estimates. A
general evaluation of street oversizing fees is currently under way with a scheduled
completion of late 2015.
Options for City Council Consideration
Option 1
Approve Woodward rebate with General Fund backfill of all fees subject to the requested rebate including the
CIE fees
Option 2
Approve the Woodward rebate with General Fund backfill of all funds except for the CIE funds
The Council Finance Committee reviewed the rebate at its February meeting and approved the Woodward
rebate; however, there was not consensus regarding the backfill discussion.
FINANCIAL / ECONOMIC IMPACTS
The total rebate amount is $2,107,261.
Packet Pg. 133
Agenda Item 12
Item # 12 Page 5
Option 1
The full amount of $2,107,261 will come from prior year General Fund Reserves and will be appropriated for
the purpose of remitting the rebate to Woodward.
Option 2
The amount of $1,888,079 will come from prior year General Fund Reserves and the following amounts will
come from the CIE Funds:
General Government: $24,879
Police: $7,313
Fire: $12,854
Street Oversizing: $174,136
ENVIRONMENTAL IMPACTS
The 101.5 acre project included a restoration of a 31-acre river buffer natural area which was transferred to the
City upon completion. In addition, a 10-foot wide Poudre Trail was reconstructed through the new natural
area.
ATTACHMENTS
1. 12.1 Council Finance Committee minutes, February 9, 2015 (PDF)
2. 12.2 Powerpoint presentation (PDF)
Packet Pg. 134
ATTACHMENT 1
Packet Pg. 135
Attachment: Council Finance Committee minutes, February 9, 2015 (3104 : Woodward Rebate Appropriation)
Packet Pg. 136
Attachment: Council Finance Committee minutes, February 9, 2015 (3104 : Woodward Rebate Appropriation)
Packet Pg. 137
Attachment: Council Finance Committee minutes, February 9, 2015 (3104 : Woodward Rebate Appropriation)
1
Woodward Rebate
City Council Meeting
May 5, 2015
ATTACHMENT 2
Packet Pg. 138
Attachment: Powerpoint presentation (3104 : Woodward Rebate Appropriation)
2
Woodward Rebate Summary
• Rebates Allowed Per the Agreement
Ø Use Tax on Construction Materials and Eligible Equipment (80%)
Ø Development Fees (100%)
Ø Capital Improvement Expansion Fees (CIE) & Utility PIFs (50%)
• Rebates Schedule as agreed upon with Woodward
Ø 2 applications per year
Ø Application 1 – Covers January - June
§ Includes Development Review and Capital Improvement
Expansion Fees (CIE), and Utility PIF
Ø Application 2 Includes:
§ June-December – Dev. Review, CIE Fees, Utility PIFs
§ January-December – Use Tax
Packet Pg. 139
Attachment: Powerpoint presentation (3104 : Woodward Rebate Appropriation)
3
Estimated Current Rebate Due
For Period July 1, 2014 – December 31, 2014
Total Due: $2,107,261
Rebate Payment
Development
Fees
100%
CIE Fees
50%
Utility
PIF
50%
Use Tax
80%*
Not
Eligible
for Rebate
Total
Total Fees Collected $493 $730 $2,278 $1,893 $295 $5,691
Rebate Owed 493 365 1,139 1,514 N/A 3,512
Rebate Eligible for
Payment - 60% 296 219 684 909 N/A 2,107
Rebate Holdback- 40% 197 146 456 606 N/A 1,405
General Fund
Backfill** 0 365 1,139 632 N/A 2,137
*Use Tax Rebate only paid once per year - $1.9M reflects 12 months of fees collected
** General Fund backfill based on full rebate owed
($ 000s)
Packet Pg. 140
Attachment: Powerpoint presentation (3104 : Woodward Rebate Appropriation)
4
General Fund Backfill
• At the time the Woodward agreement was approved, the
structure was to “backfill” CIE fees from the General Fund
• After further consideration, the approach to backfill CIE
fees has been revisited with City Attorney’s Office
• A new option identified - Fund the CIE rebates out of the
capital improvement expansion funds instead of the
general fund
• All other rebates to be paid from the General Fund
Packet Pg. 141
Attachment: Powerpoint presentation (3104 : Woodward Rebate Appropriation)
5
Pros and Cons of Alternative Approach
• Pros – Future Spending Flexibility
ØRetaining funds within the General Fund provides
greater flexibility for future expenditures
ØGeneral Fund revenue can support capital projects
in the future if needed whereas CIE funds cannot
support General Fund needs
• Cons
ØCIE funds have less revenue
Packet Pg. 142
Attachment: Powerpoint presentation (3104 : Woodward Rebate Appropriation)
6
Impact of Backfill to CIE Funds
CIE Fund
($ 000s)
2014
Yearend
Balance
Fees
Paid
Rebate
Earned
Rebate
Owed
60%
% of
Year
End
General
Government
$7,562 $83 $42 $25 .5%
Police 927 24 12 7 1.2%
Fire 847 43 21 13 2.4%
Street Oversizing 14,505 580 290 174 1.9%
Total $365 $219
Total impact to General Fund: $365k
($ 000s)
Packet Pg. 143
Attachment: Powerpoint presentation (3104 : Woodward Rebate Appropriation)
7
Additional Considerations
• Rebate of CEIs was/is an exception to normal practice
• Backfill decision is specific to the Woodward rebate
and NOT a long term policy decision on how other
rebates may be addressed in the future
• No impact to near term projects by not using General
Fund backfill
– Police and Fire funds primarily used for debt service currently
– Street oversizing fees have long term funding requirements that
exceed revenue estimates
Packet Pg. 144
Attachment: Powerpoint presentation (3104 : Woodward Rebate Appropriation)
8
Summary of Options for Council
• Option 1:
ØApprove Woodward rebate with General Fund
backfill of CIE funds
• Option 2:
ØApprove Woodward rebate with NO General Fund
backfill of CIE funds
Packet Pg. 145
Attachment: Powerpoint presentation (3104 : Woodward Rebate Appropriation)
- 1 -
OPTION 1
ORDINANCE NO. 057, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND TO REIMBURSE
WOODWARD, INC. FOR DEVELOPMENT FEES, CAPITAL EXPANSION
IMPROVEMENT FEES, AND USE TAX
WHEREAS, the City, the Fort Collins Downtown Development Authority, and
Woodward, Inc. (“Woodward”) entered into that certain “Agreement with Woodward, Inc.”
dated April 16, 2013 (the “Agreement”), which Agreement provides business investment
assistance for the relocation of Woodward’s headquarters and the expansion of its manufacturing
and office facilities in Fort Collins; and
WHEREAS, the Agreement specifies that Woodward is eligible for reimbursement from
the City for the following paid by it to the City: (1) Use Tax on Construction Materials and
Eligible Equipment, (2) Development Fees, and (3) Capital Improvement Expansion Fees; and
WHEREAS, under the Agreement, Woodward can apply for reimbursement biannually
for Development Review and Capital Improvement Expansion Fees and once a year for the Use
Tax rebate; and
WHEREAS, all funds reimbursed must be appropriated by Council as part of the rebate
process; and
WHEREAS, the Agreement was approved by City Council pursuant to Ordinance No.
055, 2013, on April 2, 2013; and
WHEREAS, the current reimbursement due to Woodward for the period of July 1, 2014,
through December, 31, 2014, is $2,107,261 for eligible fees and Use Tax; and
WHEREAS, staff is requesting appropriation of the full amount, $2,107,261 from prior
year reserves in the General Fund to reimburse Woodward in accordance with the Agreement;
and
WHEREAS, Article V, Section 9, of the City Charter also 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 that there is hereby appropriated for expenditure from prior year reserves in the
General Fund the sum of TWO MILLION ONE HUNDRED SEVEN THOUSAND TWO
HUNDRED SIXTY-ONE DOLLARS ($2,107,261) to reimburse Woodward for Development
Fees, Capital Expansion Improvement Fees, and Use Tax as required by the Agreement.
Packet Pg. 146
- 2 -
Introduced, considered favorably on first reading, and ordered published this 5th day of
May, A.D. 2015, and to be presented for final passage on the 19th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 147
- 1 -
OPTION 2
ORDINANCE NO. 058, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL,
CAPITAL EXPANSION, AND STREET OVERSIZING FUNDS TO REIMBURSE
WOODWARD, INC. FOR DEVELOPMENT FEES, CAPITAL EXPANSION
IMPROVEMENT FEES, AND USE TAX
WHEREAS, the City, the Fort Collins Downtown Development Authority, and
Woodward, Inc. (“Woodward”) entered into that certain “Agreement with Woodward, Inc.”
dated April 16, 2013 (the “Agreement”), which Agreement provides business investment
assistance for the relocation of Woodward’s headquarters and the expansion of its manufacturing
and office facilities in Fort Collins; and
WHEREAS, the Agreement specifies that Woodward is eligible for reimbursement from
the City for the following paid by it to the City: (1) Use Tax on Construction Materials and
Eligible Equipment, (2) Development Fees, and (3) Capital Improvement Expansion Fees; and
WHEREAS, under the Agreement, Woodward can apply for reimbursement biannually
for Development Review and Capital Improvement Expansion Fees and once a year for the Use
Tax rebate; and
WHEREAS, all funds reimbursed must be appropriated by Council as part of the rebate
process; and
WHEREAS, the Agreement was approved by City Council pursuant to Ordinance No.
055, 2013, on April 2, 2013; and
WHEREAS, the current reimbursement due to Woodward for the period of July 1, 2014,
through December, 31, 2014, is $2,107,261 for eligible fees and Use Tax; and
WHEREAS, in accordance with the terms of the Agreement, staff is requesting
appropriation of the full amount to reimburse Woodward from prior year reserves from the
following funds:
General Fund: $1,888,079
Capital Expansion Fund
General Govt. $ 24,879
Police $ 7,313
Fire $ 12,854
Capital Expansion Fund: $ 45,046
Street Oversizing Fund: $ 174,136
Total Reimbursement Request: $2,107,261
Packet Pg. 148
- 2 -
WHEREAS, Article V, Section 9, of the City Charter also 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 for expenditure from prior year reserves
in the General Fund the sum of ONE MILLION EIGHT HUNDRED EIGHTY EIGHT
THOUSAND SEVENTY NINE DOLLARS ($1,888,079) to reimburse Woodward for
Development Fees and Use Tax as required by the Agreement.
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the Capital Expansion Fund the sum of FORTY FIVE THOUSAND FORTY SIX DOLLARS
($45,046) to reimburse Woodward for General Government, Police and Fire Capital Expansion
Improvement Fees as required by the Agreement.
Section 3. That there is hereby appropriated for expenditure from prior year reserves
in the Street Oversizing Fund the sum of ONE HUNDRED SEVENTY FOUR THOUSAND
ONE HUNDRED THIRTY SIX DOLLARS ($174,136) to reimburse Woodward for Street
Oversizing Capital Expansion Improvement Fees as required by the Agreement.
Introduced, considered favorably on first reading, and ordered published this 5th day of
May, A.D. 2015, and to be presented for final passage on the 19th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 149
- 3 -
Passed and adopted on final reading on the 19th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 150
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Christine Macrina, Boards and Commissions Coordinator
SUBJECT
Items Relating to Appointments of Councilmembers as the Planning and Zoning Board Liaison, Downtown
Development Authority Board Member, and City/Colorado State University Leadership Committee Members.
EXECUTIVE SUMMARY
A. Resolution 2015-049 Appointing a Council Liaison to the Planning & Zoning Board.
B. Resolution 2015-050 Appointing a Council Representative and Alternate to the Downtown Development
Authority Board.
C. Resolution 2015-051 Appointing Council Representatives to the City/Colorado State University Leadership
Committee.
The purpose of this item is to make Councilmember liaison assignments to the Planning and Zoning Board, the
Downtown Development Authority, and the City/Colorado State University Leadership Committee.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolutions.
BACKGROUND / DISCUSSION
At the April 28, 2015 Council Work Session, Councilmembers discussed liaison and committee assignments.
Further discussion to determine liaison assignments is necessary for the following:
Planning & Zoning Board - one Liaison position need to be filled; Councilmembers Bob Overbeck and
Ray Martinez are both interested.
Downtown Development Authority - one Board position plus one alternate are needed;
Councilmembers Bob Overbeck and Ray Martinez are interested in the primary role, Councilmembers
Gino Campana and Ross Cunniff are interested in the alternate role.
City-Colorado State University Leadership Committee - two Committee positions need to be filled;
Councilmembers Bob Overbeck, Gino Campana and Mayor Wade Troxell are interested.
Packet Pg. 151
- 1 -
RESOLUTION 2015-049
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING A COUNCIL LIAISON TO THE PLANNING AND ZONING BOARD
WHEREAS, the City Council appoints Councilmembers to serve as liaisons to the City’s
boards and commissions; and
WHEREAS, the City Council is also desirous of appointing representatives to certain
other organizations of which the City is a member.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the following named Councilmember is hereby appointed to serve as
Council Liaison to the Planning and Zoning Board until such time as the City Council may
reconsider such appointment:
LIAISON
PLANNING & ZONING BOARD
Passed and adopted at a regular meeting of the City Council held this 5th day of May,
A.D. 2015.
Mayor
ATTEST:
City Clerk
Packet Pg. 152
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RESOLUTION 2015-050
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING A COUNCIL REPRESENTATIVE AND ALTERNATE TO THE
DOWNTOWN DEVELOPMENT AUTHORITY BOARD
WHEREAS, C.R.S. Section 31-25-805 authorizes the City Council to appoint the
members of the Downtown Development Authority; and
WHEREAS, the City Council desires to appoint one City Council representative and an
alternate to the Downtown Development Authority Board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the following named Councilmembers are hereby appointed to serve on
the Downtown Development Authority Board:
DOWNTOWN DEVELOPMENT AUTHORITY
(Alt.)
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of May, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 153
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RESOLUTION 2015-051
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING COUNCIL REPRESENTATIVES TO THE
CITY/COLORADO STATE UNIVERSITY LEADERSHIP COMMITTEE
WHEREAS, on December 16, 2014, by Resolution 2014-119, the City Council
authorized the formation of a Leadership Committee with Colorado State University (the
“City/CSU Leadership Committee”) and modified the composition of the previously established
City/CSU Liaison Committee; and
WHEREAS, also on December 16, 2014, the City Council adopted Resolution 2014-118,
which provided that the City will be represented on the City/CSU Leadership Committee by the
City Manager and two City Councilmembers; and
WHEREAS, the City Council desires to make appointments to the City/CSU Leadership
Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the following named Councilmembers are hereby appointed to serve on
the City/Colorado State University Leadership Committee:
CITY/CSU LEADERSHIP COMMITTEE
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of May, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 154
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VACATION LOCATION
(SEE BOTTOM RIGHT)
ATTACHMENT 1
Packet Pg. 120
Attachment: Vicinity map (3095 : Riverside Park Vacation)
Wainwright Dr
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Sea Wolf Ct
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Right of Way Vacation of
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CABOT COURT
HORNET DRIVE
KITTY HAWK COURT
BON HOMME RICHARD DRIVE
CABOT COURT
ATTACHMENT 1
Packet Pg. 110
Attachment: Vicinty map (3096 : Registry Ridge Fourth Filing ROW Vacation)