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Item # 1 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the September 23, 2014 Adjourned Council Meeting and the
October 7, 2014 Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the September 23, 2014 Adjourned Council meeting
and the October 7, 2014 Regular Council meeting.
ATTACHMENTS
1. September 23, 2014 (PDF)
2. October 7, 2014 (PDF)
City of Fort Collins Page 405
September 23, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ABSENT: None
Staff present: Atteberry, Daggett, Jensen
1. Public Hearing on the 2015-2016 Recommended Biennial Budget for the City of Fort Collins.
(Hearing was Held)
This is the first official public hearing on the City Manager’s 2015-2016 Recommended Biennial
Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the
2015-2016 budget.
In an effort to receive further public input, a second public hearing is scheduled for the Tuesday,
October 7, 2014 Council meeting. Public input will also be taken during the budget adoption
meetings on Tuesday, October 21 and Tuesday, November 18, 2014 at 6:00 p.m. in the Council
Chambers.
The City Manager’s 2015-2016 Recommended Budget can be reviewed at the Main Library, the
Harmony Branch Library, Council Tree Library, or the City Clerk’s Office. The recommended budget
can also be viewed online at www.fcgov.com/budget <http://www.fcgov.com/budget>.
Chrissy Krumm, People First of Larimer County, discussed the importance of employment and
transportation. Specifically, she requested funding for additional evening and Sunday Transfort
service.
Nancy York, 130 South Whitcomb, supported evening, Sunday and holiday Transfort service
and suggested the budget should be evaluated, per offer, for carbon footprint impacts.
Betsy Craig, 815 Courtenay Circle, Menu Nutrition Information, supported funding for small
business services in the community.
Bruce Henderson, Bike Fort Collins, supported funding for various bicycle-related offers
necessary to implement the Low Stress Network. Additionally, he supported funding for two
recreation offers.
Shannell Sedgwick, Fort Collins Public Access Network President, supported funding for the
FC-PAN Network.
Mona Mazer, Fort Collins resident, supported funding for the Fort Collins Public Access
Network.
(Unintelligible name), Fort Collins resident, supported funding for the Fort Collins Public Access
Network.
Meghan Belaski, 1212 Southridge Drive, expressed concern regarding safety and cultural issues
in the Avery Park neighborhood.
City of Fort Collins Page 406
April Johansen, Fort Collins Symphony musician, played her instrument in support of funding
for the Symphony.
Wes Kenney, 1033 Pinnacle Place, Fort Collins Symphony Director, supported funding for the
Symphony.
Rudy Burns, 914 Ridge Runner Drive, Babette's Feast, supported funding for the Larimer
County Small Business Development Center and Fort Collins Symphony.
Tina Mooney, The Fox and the Crow owner, supported funding for the Small Business
Development Center.
Glenn Plagens, Larimer Small Business Development Center Senior Director, supported funding
for the Small Business Development Center.
Mayor Weitkunat thanked the speakers and stated the second public hearing on the budget will
be October 7th.
RESULT: HEARING WAS HELD
2. Resolution 2014-082 Directing the Interim City Attorney and the City's Special Counsel to File
an Appeal with the Colorado Court of Appeals in the Colorado Oil and Gas Association v. City
of Fort Collins Lawsuit. (Adopted)
The purpose of this item is to request Council’s direction to file an appeal with the Colorado Court of
Appeals regarding the District Court’s recent decision in the Colorado Oil and Gas Association’s
(COGA) lawsuit against the City. That decision declared the voter-approved five-year moratorium on
hydraulic fracturing to be preempted by state law. This item also asks the Council for direction to file
with the District Court, and the Court of Appeals if necessary, a motion to “stay” the effect of the
Order pending the outcome of the appeal.
Laurie Kadrich, Community Development and Neighborhood Services Director, stated this
Resolution would direct staff to file an appeal regarding the District Court’s decision with the
Colorado Oil and Gas Association’s lawsuit against the City. Additionally, the item would direct
staff to ask for a stay, which would delay the effect of the District Court Judge’s ruling until such
time that the appeal is heard. Kadrich went on to discuss the moratorium approved by voters and
the subsequent lawsuit filed against the City by the Colorado Oil and Gas Association.
The following citizens spoke in support of the appeal:
Janice Lynne, Fort Collins resident
Evelyn Carpenter, Fort Collins resident
Tom Hoehn, 218 South Washington
Tonya (no last name given)
Stephen Wallace, Fort Collins resident,
Dolores Williams, 415 Mason Court
Harry Michaels, 5620 Fossil Creek Parkway
Sharon Bringleson, Fort Collins resident
Nancy York, 130 South Whitcomb
Kelly Giddens, Citizens for a Healthy Fort Collins
Kevin Cross, Fort Collins Sustainability Group
Debra (no last name given), Fort Collins resident
City of Fort Collins Page 407
Patrick Padden, 3342 Pepperwood Lane
Meghan Belaski, 1212 Southridge Drive
Carolyn Carpenter, Liberty Commons student
Elaine Branjord, 4720 Prairie Vista Drive
J.D. Roybal, Windsor resident
Claire Pratt, Fort Collins resident
Jim Vassallo, Fort Collins resident
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2014-082.
Councilmember Troxell asked about the status of the health study which was put in place as a
result of the oil and gas operator agreement. Kadrich replied a third party was hired to examine
the operator agreement and the operator was found to be in compliance. Additionally, Kadrich
stated preliminary air quality and water baseline sampling are being completed, related to the
operator agreement.
Councilmember Troxell asked about the studies which were to be completed as part of the
moratorium. Kadrich replied a preliminary analysis has been completed with regard to property
values and the health impact report is in its draft stage; both of which are still occurring
regardless of the Court action.
Troxell asked if the City is participating with the real-time monitoring regarding oil and gas
operations with the Colorado Water Watch. Kadrich replied she would report back.
RESULT: RESOLUTION 2014-082 ADOPTED [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Cunniff, Horak
NAYS: Troxell
3. Second Reading of Ordinance No. 123, 2014, Authorizing the Conveyance of a Waterline
Easement, Access Easement, and Temporary Construction Easement on City property to the
City of Greeley. (Adopted)
This Ordinance, adopted on September 2, 2014, by a vote of 5-1 (Nays: Overbeck; Poppaw absent)
authorizes the conveyance of easements to the City of Greeley across the City property known as
the City Ditch. The City of Greeley is acquiring necessary easements for its Greeley Bellvue
Pipeline Project. Greeley has requested easements for its project across a strip of property owned
by the City’s Utility Department extending south from the Poudre River. The property lies outside
City limits and is the location of the City Ditch. The Larimer County Canal No. 2 Irrigating Company
utilizes this ditch through an existing easement agreement with the City. The easements requested
by Greeley include a .19 acre (8,265 square feet) permanent waterline easement, a .133 acre (5,808
square feet) temporary construction easement, and an access easement across the existing ditch
access road.
Lindsay Kuntz, Real Estate Specialist, stated this item would convey several easements on City
property to the City of Greeley. She discussed the location of the property and easements and
reviewed the history of the easement request. Additionally, Kuntz discussed the land dispute
issue and stated the title of the property was acquired by means of a rule in order in 1883, which
was later recorded in the Larimer County public records in 1892. She noted the property
owner’s deed, recorded in 1977, includes language excepting a tract to the City of Fort Collins.
City of Fort Collins Page 408
Councilmember Cunniff asked if the basic issue is the City of Greeley’s request to place a
pipeline through Fort Collins’ property. Kuntz replied Greeley is requesting an easement, not a
right-of-way.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt
Ordinance No. 123, 2014, on Second Reading.
Councilmember Overbeck discussed his visit to the site and expressed concern the easement lies
close to the Poudre River.
Councilmember Cunniff expressed concern regarding the interests of the Brinks' property.
Councilmember Troxell thanked staff for preparing the site visit and requested information.
Mayor Weitkunat noted site visits were held several years ago and supported the motion.
RESULT: ORDINANCE NO. 123, 2014 ADOPTED ON SECOND READING [5 TO 2]
MOVER: Gino Campana, District 3
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Poppaw, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
ADJOURNMENT
The meeting adjourned at 7:15 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 409
October 7, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ABSENT: None
Staff: Atteberry, Daggett, Nelson
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry recommended postponement of Item No. 20, First Reading of
Ordinance No. 137, 2014, Appropriating Capital Project Funding in the Light and Power,
Water, Wastewater, and Stormwater Drainage Enterprise Funds and Authorizing the Transfer of
Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places
Program, for the Construction of a New Utilities Administration Building in Block 32 on
LaPorte Avenue and Renovation of 700 Wood Street, to the adjourned meeting scheduled for
October 14.
CITIZEN PARTICIPATION
Deborah Young, Women’s Commission, expressed appreciation for work done by the Social
Sustainability Office.
Lew Gaiter, Larimer County Commissioner, expressed appreciation for Council’s consideration
of a Resolution supporting the jail sales tax extension.
Lawrence Budd, 1436 Glen Haven, discussed the “water refugee” situation with regard to
incoming residents from drought-stricken California.
Cheryl Distaso, Fort Collins Community Action Network, discussed widening income gaps in
Fort Collins, particularly related to the mall redevelopment, and requested Police stop ticketing
homeless individuals. Additionally, she requested Council consider funding for lockers for
homeless individuals.
Devin Hirning, Fort Collins resident, presented a petition, signed by 977 Fort Collins residents,
to reinstate aquatics in the southeast recreation and arts center.
The following citizens spoke in favor of the inclusion of aquatics in the southeast recreation
center:
Emily Land, 637 Sandreed Court
Heidi Early, 6314 Tilden Street
Jenny McElwain, 2303 Chandler Street
Josie McElwain, 2303 Chandler Street
Jillian McElwain, 2303 Chandler Street
Janelle McElwain, 2303 Chandler Street
Matt Phillips, 6408 Tilden Street
Marcus Phillips, 6408 Tilden Street
City of Fort Collins Page 410
Mark Morehouse, 2216 Vassar
Jenna Lee, 1406 Twin Oak Drive
Marty Jaskin, 2442 Hollingbourne Drive
Desiree Fisk, Fort Collins Homeless Coalition, supported better solutions for the city’s homeless
crisis and supported funding for lockers.
Kim Larson, Catholic Charities, expressed appreciation for the Social Sustainability Department
and stressed the need for winter shelter for homeless residents.
Susan Wymer, Fort Collins resident, stated she is homeless and stressed the need for affordable
housing in the city.
Kristianne Gale, 1301 Cherry Street, stressed the need for affordable housing in the city.
Tino Shiscler, 242 Conifer, stressed the need for affordable housing in the city.
Jeff Baumgardner, FoCo Café, provided a brief update on the status of the café and commended
City employees for their assistance.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Cunniff stated he does not currently support the inclusion of a pool at the
southeast recreation center as pool budgets do not include funding for major renovations and
maintenance. He stated the expectation that the City would be the only source of funding for a
new pool facility is not practical.
Councilmember Overbeck discussed the living wage and part-time employees in the community.
Councilmember Troxell thanked Commissioner Gaiter and Jeff Baumgardner for their
comments.
Councilmember Campana thanked those who spoke regarding the pool.
Mayor Weitkunat asked what will occur internally with the presented citizen petition regarding
the pool. City Manager Atteberry replied the ultimate decision rests with Council, which will be
considering projects to be placed before voters for the Building on Basics 2.0 tax.
Mayor Pro Tem Horak noted there has been no approval of any type of plan for a southeast
recreation facility. Additionally, he noted the creation of EPIC was started as a citizen initiative.
He also requested follow-up regarding Ms. Wymer’s comments and concerns.
Councilmember Poppaw noted Homeward 2020 and the Housing Authority have been funded to
provide advocacy for homeless residents.
Councilmember Campana asked if the southeast community center is already part of a plan to be
located at Fossil Creek Park. City Manager Atteberry replied there will be many conversations
upcoming regarding this issue.
CONSENT CALENDAR
City of Fort Collins Page 411
RESULT: CONSENT CALENDAR 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 September 16, 2014 Regular Council
Meeting. (Adopted)
The purpose of this item is to approve the minutes from the September 16, 2014 Regular Council
meeting.
2. Second Reading of Ordinance No. 124, 2014, Appropriating Unanticipated Grant Revenue in
the General Fund and Transferring and Appropriating Funds from the Community
Development and Neighborhood Services Operating Budget for the Restorative Justice
Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 16, 2014, appropriates grant
money to fund Restorative Justice Services within Community Development and Neighborhood
Services. A grant in the amount of $56,192 has been received from the Colorado Division of Criminal
Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services,
which includes the RESTORE program for shoplifting offenses, and the Restorative Justice
Conferencing Program (RJCP) for all other offenses.
3. Second Reading of Ordinance No. 125, 2014, Amending Section 1.3.4 of the Land Use Code
to Conform the Text to Previously Adopted Revisions. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 16, 2014, expands prohibited
uses in Section 1.3.4 of the Land Use Code to include the full scope of retail and medical marijuana
uses that was defined in Ordinance No. 042 that were not included in Ordinance No. 086, 2014.
4. Second Reading of Ordinance No. 126, 2014, Designating the Bode Property, 220 Remington
Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the City
Code. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 16, 2014, designates the
Bode Property at 220 Remington Street a Fort Collins Landmark. The owner of the property, Colleen
Scholz, initiated this request.
5. Second Reading of Ordinance No. 127, 2014, Designating the Juan and Mary Barraza
Property, 412 Wood Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the City Code. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 16, 2014, designates the
Juan and Mary Barraza Property at 412 Wood Street as a Fort Collins Landmark. The owner of the
property, Mary Barraza, initiated this request.
6. Items Relating to the West Mulberry Street Bridge Replacement Project. (Adopted)
A. Resolution 2014-083 Authorizing the Mayor to Enter into a Contract with the Colorado
Department of Transportation for the Construction of the West Mulberry Street Bridge
Replacement.
B. First Reading of Ordinance No. 129, 2014, Appropriating Unanticipated Revenue from the
Colorado Department of Transportation into the Capital Projects Fund - City Bridge Program
Project for the West Mulberry Street Bridge Replacement.
City of Fort Collins Page 412
The City has been awarded a grant from the federally funded Colorado Off-System Bridge Program
in the amount of $700,000. This funding contract between the City and Colorado Department of
Transportation is for the replacement of a structurally deficient bridge owned by the City. The bridge
is the West Mulberry Street Bridge over the New Mercer Ditch.
7. Items Relating to the Clydesdale Park First and Second Annexations. (Adopted)
A. Resolution 2014-084 Setting Forth Findings of Fact and Determinations Regarding the
Clydesdale Park First Annexation.
B. Hearing and First Reading of Ordinance No. 131, 2014, Annexing Property Known as the
Clydesdale Park First Annexation.
C. First Reading of Ordinance No. 132, 2014, Amending the Zoning Map and Classifying for Zoning
Purposes the Property included in the Clydesdale Park First Annexation.
D. Resolution 2014-085 Setting Forth Findings of Fact and Determinations Regarding the
Clydesdale Park Second Annexation.
E. Hearing and First Reading of Ordinance No. 133, 2014, Annexing Property Known as the
Clydesdale Park Second Annexation.
F. First Reading of Ordinance No. 134, 2014, Amending the Zoning Map and Classifying for Zoning
Purposes the Property included in the Clydesdale Park Second Annexation.
The purpose of this item is to consider the annexation of the existing Clydesdale Park subdivision
located east of Interstate 25, south of the intersection of East Mulberry Street and Carriage Parkway.
Clydesdale Park includes 217 single-family residential lots on approximately 75 acres. Residents of
the Clydesdale Park neighborhood have requested annexation.
Residents are also requesting a 5 year “phase-in” of the storm water utility fee for Clydesdale Park
upon annexation. The stormwater fee phase-in request was brought to the Water Board on
September 18, 2014 for its consideration. Stormwater utility staff and the Water Board are
recommending denial of the request for a “phased-in” stormwater fee.
8. Resolution 2014-086 Expressing the City Council's Support for the Passage of Larimer
County Proposition 100 Regarding Funding for Construction of a New Animal Shelter for
Larimer County and Urging the Citizens of Fort Collins to Vote "Yes" on this Proposition.
(Adopted)
The purpose of this item is for the City Council to express its support of the passage of Larimer
County Proposition 200 and urging the citizens of the City of Fort Collins to vote “yes” on this
proposition supporting Larimer Humane Society and the construction of a new animal shelter for
Larimer County.
9. Resolution 2014-087 Expressing the City Council's Support for the Passage of Larimer
County Ballot Issue 1B Extending a Fifteen One-Hundredths of One Percent County-Wide
Sales and use Tax for the Operation of the Larimer County Jail and Urging the Citizens of
Fort Collins to Vote "YES" on this Ballot Issue. (Adopted)
The purpose of this item is for City Council to express its support of the passage of the countywide
jail tax renewal and to encourage the citizens of the City of Fort Collins to vote “yes” on this measure.
City of Fort Collins Page 413
10. Resolution 2014-088 Requesting That the Colorado Municipal League Sponsor Legislation
Before the Colorado General Assembly That Would Provide Local Emergency Responders
with Advance Information Regarding Hazardous Materials Shipments Being Made on Rail
Freight Routes Within the State. (Adopted)
The purpose of this item is to seek the Colorado Municipal League to sponsor legislation in the
Colorado General Assembly that would provide local emergency responders with information about
railroad hazardous material shipments. The City's 2014 Legislative Policy Agenda does not
explicitly call for Fort Collins to take a leadership role on this issue and so the Legislative Review
Committee has asked staff to present this Resolution for Council consideration. Fort Collins has
many freight trains traveling through the community that carry hazardous materials. The proposed
legislation would seek information from railroads for emergency in advance of shipments of
hazardous materials so that they are best able to protect the community.
11. Resolution 2014-089 Adopting the 2014 Natural Areas Master Plan to Replace the "Land
Conservation and Stewardship Master Plan" as a Component of the City's Comprehensive
Plan. (Adopted)
The purpose of this item is to seek Council adoption of the Natural Areas Master Plan (Plan).
Council reviewed the draft Plan at its August 12, 2014 Work Session and staff has completed the
changes to the Plan that were suggested by Council at that time. This ten-year Plan will replace the
current “Land Conservation and Stewardship Master Plan” which was adopted by Council in 2004.
Natural Areas staff spent the last two years gathering input from the citizens of Fort Collins and
Larimer County as to the future of the City’s natural areas. The results of that research indicated a
high level of community enthusiasm and satisfaction with the City’s land and habitat conservation
and outdoor recreation efforts. In survey data and in public forums, citizens clearly expressed a
desire for the City to continue its efforts to conserve diverse lands and to provide outdoor recreation
opportunities, in particular opportunities for walking, hiking, and biking. The proposed Plan identifies
a series of priorities that align with citizen desires, the foundational language of the citizen-initiated
sales taxes, City Plan Principles and Policies, and the Department’s core conservation mission.
12. Resolution 2014-094 Approving the Midtown in Motion, College Avenue Transportation Study.
(Adopted)
The purpose of this item is to seek City Council approval of the Midtown in Motion, College Avenue
Transportation Study. The limits of the Midtown in Motion study are College Avenue from Prospect
Road to Harmony Road. The study addressed circulation for College Avenue, the adjacent frontage
roads, and east/west connections to the MAX Bus Rapid Transit (BRT) stations. This study is the
culmination of a year-long effort that included in-depth review of existing conditions and a
comprehensive development of a variety of alternatives, ultimately resulting in recommendations for
improved roadway, bicycle and pedestrian facilities for College Avenue. The study was conducted
with extensive public input and feedback, and is a reflection of guidance from the community on the
preferred future for College Avenue.
13. Resolution 2014-090 Approving an Exception to the Use of a Competitive Process for the
Purchase of ESRI GIS Software Enterprise License Agreement. (Adopted)
The purpose of the item is to request an exception to the competitive bid process for the purchase of
a three year Enterprise License Agreement (ELA) from ESRI, as the alternative is contrary to the
City’s interests. ESRI’s suite of Geographic Information System (GIS) software products are used
throughout the organization by many departments. The software and its data are integral to several
other software solutions. The ELA is a cost effective approach that allows for an unlimited number of
users to make use of this software and also provides for access to future upgrades, updates and
patches. ESRI’s software is proprietary and is only available through them; they do not work with
resellers.
City of Fort Collins Page 414
14. Resolution 2014-091 Authorizing the Purchasing Agent to Enter Into a Professional Services
Agreement With a Search Firm to Participate in the Recruitment and Selection of a City
Attorney. (Adopted)
The purpose of this resolution is for the Council Committee to identify its preferred option regarding
the search firm to be chosen by the City Council and for the City Council to authorize the Purchasing
Agent to enter into a professional services agreement with that search firm.
15. Resolution 2014-092 Reappointing Teresa Ablao as Temporary Judge and Authorizing the
Execution of an Employment Agreement. (Adopted)
The purpose of this item is to reappoint Teresa Ablao as the temporary judge for the Fort Collins
Municipal Court. The City Charter provides for the appointment of a temporary judge (commonly
referred to as the Assistant Municipal Judge) to serve in the absence of the Municipal Judge. Teresa
Ablao has served in this capacity since mid-2012. Municipal Judge Kathleen M. Lane recommends
that Ms. Ablao be reappointed as the Assistant Municipal Judge.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Mayor Pro Tem Horak suggested supplementing the storm drainage fund with dollars from the
Clydesdale Park residents, regarding Item No. 7, Items Relating to the Clydesdale Park First and
Second Annexations. Additionally, he noted Council’s support for Item Nos. 8 and 9, Resolution
2014-086 Expressing the City Council's Support for the Passage of Larimer County Proposition
200 Regarding Funding for Construction of a New Animal Shelter for Larimer County and
Urging the Citizens of Fort Collins to Vote "Yes" on this Proposition and Resolution 2014-087
Expressing the City Council's Support for the Passage of Larimer County Ballot Issue 1B
Extending a Fifteen One-Hundredths of One Percent County-Wide Sales and use Tax for the
Operation of the Larimer County Jail and Urging the Citizens of Fort Collins to Vote "YES" on
this Ballot Issue.
Mayor Pro Tem Horak also discussed and commended the passage of Item No. 12, Resolution
2014-094 Approving the Midtown in Motion, College Avenue Transportation Study.
STAFF REPORTS
Rick Richter, Infrastructure Manager, briefly discussed the Mulberry bridge replacement project.
Jim Hoffman, Colorado Department of Transportation, discussed the need for the bridge
replacement and stated the project is being funded by Colorado Bridge Enterprise. He detailed
the sidewalk, bike lane, travel lane, and median plans; additionally, he discussed the detour
routes for eastbound traffic and public relations regarding the project and detours.
Councilmember Cunniff asked if a link to the information has been provided on the City’s
website. Hoffman replied in the affirmative.
Councilmember Cunniff asked if there is a proactive means of communicating with truckers
regarding the closure. Hoffman replied the Wyoming Department of Transportation has been
contacted; however, they have not agreed to place a message up regarding the detour.
City of Fort Collins Page 415
Councilmember Overbeck encouraged the use of public service announcements via various
media sources.
Mayor Pro Tem Horak commended the use of double turn lanes from Riverside and suggested
additional signage indicating those lanes. Hoffman replied signage will be added.
COUNCILMEMBER REPORTS
Mayor Pro Tem Horak reported on the North Front Range Transportation Air Quality
Metropolitan Planning Organization meeting regarding the possibility of adding a third lane to I-
25.
DISCUSSION ITEMS
16. Public Hearing on the 2015-2016 Recommended Biennial Budget for the City of Fort Collins.
(Hearing was Held)
This is the second official public hearing on the City Manager’s 2015-2016 Recommended Biennial
Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the
2015-2016 Budget. Public input will also be taken during the budget adoption meetings on Tuesday,
October 21 and Tuesday, November 18, 2012 at 6:00 p.m. in the Council Chambers.
The City Manager’s 2015-2016 Recommended Budget can be reviewed at the Old Town Library, the
Harmony Library, Council Tree Library, or the City Clerk’s Office. The recommended budget can
also be viewed online at www.fcgov.com/budget.
Stacy Poncelow, 620 Gilgalad Way, supported funding for Poudre School District’s after-school
enrichment programs.
Stacy Clark, Can Do, supported funding for the FC Walks program.
Maria Ortiz, 3808 Celtic Lane, supported funding for Poudre School District’s after-school
enrichment programs.
Bruce Walthers, Front Range Community College, supported funding for the Small Business
Development Center.
Kevin Cross, Fort Collins Sustainability Group, supported funding for the LED street light
replacement program and the community engagement and vision for a fossil-free future program.
Bob Flynn, Green Ride Airport Shuttle, supported funding for the Small Business Development
Center.
Jeff Baumgardner, FoCo Café, supported additional funding for the Social Sustainability
Department.
Evan Rau, 2929 Ross Drive, Crankenstein owner, supported funding for the Small Business
Development Center.
Michael Murphy, Magic Bus Tours, supported funding for the Small Business Development
Center.
City of Fort Collins Page 416
Michael O’Connell, Small Business Development Center Director, supported funding for the
Small Business Development Center.
Rob Cagen, Buttonwood Drive, supported funding for the Keep Fort Collins Great enhancement
for Sustainability Services item.
Bevin Campbell, 504 Duke Lane, supported funding for the Safe Routes to School budget offers.
Irene Vernon, Northside Atzlan Advisory Community Board Chair, supported funding for
Poudre School District’s after-school enrichment programs.
Nancy York, 130 South Whitcomb, supported funding for Sunday MAX service and transit
expansion. She suggested funding could be pulled from downtown landscaping and
maintenance, convention and visitor’s services, and the utilities demand response program.
Cheryl Distaso, Fort Collins Community Action Network, supported funding for the Poudre
School District’s after-school enrichment programs, Sunday and evening transit service, the
integrated pest management program for West Nile mitigation, the LED street light replacement
program, the community engagement fossil-free future coordinator, and lockers for homeless
individuals.
Chris Winslow, 126 Sylvan Court, supported funding for the Executive Director position for the
Fort Collins Public Access Network (FCPAN).
Julian Wang, People First President, supported funding for Dial-a-Ride, Sunday and evening
transit, and additional Harmony park-n-ride service.
Eric Sutherland, 3520 Golden Currant, requested a budget book be placed in Council Chambers
and questioned how the School District's budget would be affected given the existing use of tax
increment financing. Additionally, he questioned the mall finance package.
Liz Prussner, NRAB representative on the West Nile Virus Technical Advisory Committee,
supported funding for the integrated pest manager position.
Louis Sharp, Birky Place, spoke on behalf of Mike Devereaux, supported funding for Oak Street
bathroom renovations.
Phillip Mayer, Loveland resident, supported funding for FCPAN.
Mayor Pro Tem Horak questioned the funding source options for the Poudre School District
after-school enrichment programs.
RESULT: HEARING WAS HELD
17. Resolution 2014-093 Adopting the 2014 Poudre River Downtown Master Plan. (Adopted as
Amended)
The purpose of this item is to review the final draft of the Poudre River Downtown Master Plan and to
seek Council adoption by resolution.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
City of Fort Collins Page 417
John Stokes, Natural Resources Director, discussed the major themes of the Poudre River
Downtown Master Plan, including transitions, reconnecting habitat, sustainable river access,
parking, and flood mitigation.
Liz Prussner, Fort Collins resident, expressed support for the Plan and staff’s efforts.
Councilmember Cunniff commended the improvements made to the Plan and asked if improved
pedestrian access along College was considered rather than the construction of a new bridge
structure. Stokes replied it was considered; however, was not chosen as a preferred alternative as
the College bridge is not a particularly pleasant pedestrian experience.
Councilmember Cunniff suggest placement of the pedestrian bridge as an option.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-093.
Councilmember Troxell asked if the hydrology meets the needs of the proposed kayak park.
Stokes replied in the affirmative.
Councilmember Troxell expressed support for the pedestrian bridge.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to modify the
language to allow a pedestrian bridge option, but to give more planning flexibility as to the
design. He suggested language changes to lessen the importance of the bridge and focus more
on its connection.
Councilmember Poppaw stated she has no problem with the wording changes, although it may
not appreciably change the intent.
Mayor Weitkunat commended the inclusion of people and the utilization of the river as a place
for community access and recreation.
Councilmember Poppaw commended the Plan's balance.
Mayor Pro Tem Horak accepted the proposed language changes as a friendly amendment;
however, Councilmember Troxell did not.
The vote on the motion to amend was as follows: Yeas: Weitkunat, Poppaw, Cunniff, Overbeck
and Horak. Nays: Troxell.
THE MOTION CARRIED.
Mayor Pro Tem Horak commended the overall Plan.
Councilmember Troxell commended staff work and the Plan.
Councilmember Cunniff commended staff work, the community, and Boards and Commissions'
input.
City of Fort Collins Page 418
RESULT: RESOLUTION 2014-093 ADOPTED AS AMENDED [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Troxell, Cunniff, Horak
RECUSED: Campana
18. First Reading of Ordinance No. 135, 2014, Appropriating Unanticipated Revenue in the
General Fund and Authorizing the Transfer of Existing Appropriations From the General Fund
to the Capital Projects Fund for the Woodward Related Transmission Line Relocation Project.
(Adopted)
The purpose of this item is to appropriate an additional $254,000 for the Transmission Line
Relocation portion of the Woodard Public Improvements Project.
Mike Beckstead, Chief Financial Officer, discussed the need for the appropriation.
Councilmember Cunniff stated he would like to ensure cost overruns are accounted for in future
agreements so as to avoid the use of general funds.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 135, 2014, on First Reading.
Mayor Pro Tem Horak noted the original figures were estimates only.
Councilmember Troxell expressed appreciation for the complexities of the project and for the
explanation provided.
RESULT: ORDINANCE NO. 135, 2014, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
(Secretary's note: The Council took a brief recess at this point in the meeting.)
19. First Reading of Ordinance No. 136, 2014, Amending Chapter 26 of the City Code Regarding
Calculation and Collection of Development Fees Imposed for the Construction of New or
Modified Electric Service Connections. (Option A or B) (Postponed to November 18, 2014)
The purpose of this item is to revise (Option A) or clarify (Option B) the City Code provisions relating
to Electric Development Fees, in particular, Electric Capacity Fee Charges. The Ordinances clarify
that the fees due are based on the rates effective on the date of final payment but Council is
presented with two options on how the fee is to be collected.
Option A: Option A is a timing change from current Code requirements. This option requires
that 100% the Electric Capacity Fee (ECF) to be payable prior to the Utility initiating construction
of the electric distribution system. Rates in effect at the time of payment would apply. Currently
only 50% of the fee is payable prior to construction with the remainder due prior to the electric
system being energized. Option A also addresses how invoices issued prior to the adoption of
this ordinance would be addressed.
Option B: Option B does not change the timing of current Code requirements. It requires at
least 50% of the Electric Capacity Fee (ECF) to be paid as a deposit prior to the Utility initiating
construction of the electric distribution system. The remaining ECF (final payment) would be due
prior to the system being energized. Rates in effect at the time of final payment would apply to
City of Fort Collins Page 419
the entire development. Because Option B is not a change from current practice or intent of the
current code, it would apply to all invoices issued before or after the adoption.
No changes to the Electric Development Fee amounts are proposed as part of this ordinance. The
ordinance changes the verbiage only. 2015 Electric Development Fee rate amounts will be
presented to City Council for first reading on October 21, 2014 as a separate item.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Lance Smith, Utilities Strategic Financial Planning Manager, discussed the current City policy
and detailed the options for Council consideration to adjust the policy. He stated the Energy
Board expressed support for Option A.
Councilmember Cunniff stated Option A has the benefit of simplicity; however, he questioned
whether this option would result in a rush of fees being paid prior to a coming fee increase.
Smith replied the fees are updated annually; therefore, each year does not have a substantial
increase.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 136, 2014, Option A, on First Reading.
Councilmember Troxell asked what type of time delays would occur under Option B. Janet
McTague, Utility Project Engineering Supervisor, replied Xcel is typically right behind the City
in terms of installation, within a week.
Councilmember Troxell asked about the current 50/50 payment policy. McTague replied the
City installs its infrastructure once a developer pays the first 50% and the transformers are not
energized until the second 50% is paid, which is typically within a week. She stated the
proposed up-front 100% payment will likely be a convenience to most developers.
Councilmember Cunniff expressed support for Option A.
Mayor Weitkunat stated she would not support the motion stating she does not believe 100% up-
front payments are the way to do business.
Mayor Pro Tem Horak asked if any other development fees are paid in parts. McTague replied
the only other fee paid in parts is the cost to run the secondary service from the transformer to
the meter in a residential development. Interim City Attorney Daggett noted impact fees are
generally paid in full for a building permit.
Councilmember Troxell asked when the 100% payment would be due. Smith replied it would be
due prior to scheduling the infrastructure construction.
Councilmember Troxell asked what the expectation from developers should be in terms of
timing of construction. McTague stated the 100% would not be expected to be paid until shovels
are ready to be used based on the mutually-accepted design.
Councilmember Troxell asked about the timeline between the beginning of construction and
energizing. McTague replied projects are most always taken through to completion once they
begin and will be energized as soon as they are complete.
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Councilmember Troxell stated he would like the Ordinance to include language relating to level
of service expectations.
City Manager Atteberry suggested possible changes could be made prior to Second Reading.
Councilmember Poppaw asked if any developers have expressed concern regarding the proposed
100% payment. Additionally, she asked if there has ever been a concern relating to the City
Utilities not delivering as promised.
Mayor Pro Tem Horak appreciated Councilmember Troxell’s concerns and encouraged
additional public outreach prior to Second Reading.
Councilmember Cunniff asked if Council would have the purview to change from Option A to
Option B between readings.
Councilmembers and Mayor Weitkunat discussed the need for additional public outreach.
Councilmember Poppaw made a motion, seconded by Councilmember Overbeck, to postpone
First Reading of Ordinance No. 136, 2014 to November 18, 2014.
RESULT: ORDINANCE NO. 136, 2014 POSTPONED TO NOVEMBER 18, 2014 [6 TO 0]
MOVER: Lisa Poppaw, District 2
SECONDER: Bob Overbeck, District 1
AYES: Weitkunat, Overbeck, Poppaw, Troxell, Cunniff, Horak
RECUSED: Campana
20. First Reading of Ordinance No. 137, 2014, Appropriating Capital Project Funding in the Light
and Power, Water, Wastewater, and Stormwater Drainage Enterprise Funds and Authorizing
the Transfer of Appropriations to the Cultural Services and Facilities Fund for the Art in
Public Places Program, for the Construction of a New Utilities Administration Building in
Block 32 on LaPorte Avenue and Renovation of 700 Wood Street. (Postponed to October 14,
2014)
The purpose of this Appropriation Ordinance is to provide funding for the construction of a new Utility
Administration Building within Block 32 on LaPorte Avenue, as well as renovation of the existing
Utility Service Center at 700 Wood Street. The total combined project costs are $23,411,000 with
$4,500,000 already appropriated from Light and Power reserves, leaving $18,911,000 to be
appropriated with this ordinance.
A Utility Building Team comprised of internal staff and external subject matter experts has worked
with the architectural firm RNL and Adolfson and Peterson Construction to assess the best way to
address the current building performance and space issues facing Fort Collins Utilities’ ongoing and
future business operations. Balancing the city-wide goal to have high-performing office buildings
with the need to be fiscally prudent has led the Building Team to recommend the two-pronged
funding process proposed in this appropriation ordinance.
The four Utility Enterprise Funds (Light and Power, Water, Wastewater and Stormwater) will share
the costs of the projects. All appropriations will come from the existing reserves in these four funds.
City of Fort Collins Page 421
RESULT: ORDINANCE NO. 137, 2014, POSTPONED TO OCTOBER 14, 2014
[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 the
end of the Council work session on Tuesday, October 14, 2014, to consider such matters as may
come before the Council.
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 9:14 PM.
______________________________
Mayor
ATTEST:
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City Clerk