HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/15/2016 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE OAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY November 15, 2016
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the October 18, 2016, Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the October 18, 2016 Regular Council meeting.
ATTACHMENTS
1. October 18, 2016 (PDF)
City of Fort Collins Page 124
October 18, 2016
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, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
CITIZEN PARTICIPATION
Anthony McGlaun thanked the Councilmembers, the Coloradoan and others for their responses
to his comments from the previous Council meeting and sang “We Shall Overcome.”
Karrin Anderson discussed human sex trafficking and announced a discussion at Timberline
Church.
Michael Devereaux discussed Barrier Busters Public Transit Action Group which is an
organization working to ensure equal access to public places and effective transportation for all
people regardless of their disability. He spoke in support of Sunday Transfort service.
David Prowell discussed the 3D printing lab at CSU and its support of local innovation efforts.
He supported a budget offer expanding the lab’s current services.
Angela Huxell supported funding Sunday Transfort service.
Stacia Ryder, Women’s Commission, thanked Council for its recognition of Breast Cancer
Awareness Month and Domestic Violence Awareness Month.
Jennifer Bray, Affordable Housing Board, discussed the Community Development Block Grant
process and expressed support for funding Sunday Transfort service.
Catherine Douras, Women’s Commission, thanked Council for its Breast Cancer Awareness and
Domestic Violence Awareness proclamations.
Mike Pruznick requested Council hold a special meeting to consider a resolution opposing the
Poudre School District bond and mill levy ballot issues.
Judy Chapman, Crossroads Safehouse Executive Director of Development, thanked Council for
the Domestic Violence Awareness Month proclamation.
Susan Gutowsky expressed support for Poudre School District’s ballot issues 3B and 3C.
Casey Lipok spoke on behalf of Crossroads Safehouse and discussed the impact of domestic
abuse from the perspective of a child.
October 18, 2016
City of Fort Collins Page 125
Chris Johnson, Bike Fort Collins Executive Director, supported funding sustainable
transportation, specifically transit and Sunday Transfort service.
Will Hickey supported funding of Sunday Transfort service.
Lila Hickey supported funding of Sunday Transfort service.
Debra (no last name given) opposed proposed 2017 utility rate increases.
Amy Myery discussed the value of Crossroads Safehouse in the community.
Cheryl Distaso, Fort Collins Community Action Network, supported funding of Sunday
Transfort service.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Overbeck thanked Mr. McGlaun and other citizens for speaking and commented
on a listening session he had during which the importance of Sunday Transfort service for CSU
students was discussed. He asked about amending budget offer 1.8 in order to fund Sunday
service.
Councilmember Martinez thanked the citizens who spoke, specifically the Crossroads Safehouse
speakers.
Councilmember Campana thanked the citizens who spoke and thanked Crossroads Safehouse for
its role in the community. He discussed possible funding mechanisms for Sunday service and
commented on the 3D printing lab and its innovative nature.
Councilmember Stephens thanked the members of the Women’s Commission who spoke and
thanked Crossroads Safehouse for its role in the community. She requested an update regarding
the City’s actions to prevent human trafficking and noted STEM opportunities should occur
throughout the community.
Mayor Pro Tem Horak discussed community efforts regarding sex trafficking, noting those
efforts have been ongoing.
Mayor Troxell thanked the citizens who spoke and commended the efforts of the Women’s
Commission and Crossroads Safehouse in the community.
CONSENT CALENDAR
Mayor Troxell withdrew Item No. 4, First Reading of Ordinance No. 115, 2016, Appropriating
Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the
Transfer of Appropriated Amounts between Funds or Projects, in order for Councilmember
Campana to recuse himself.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items not withdrawn from the Consent Agenda.
October 18, 2016
City of Fort Collins Page 126
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 September 27, 2016 Adjourned Council
Meeting. (Adopted)
The purpose of this item is to approve the minutes from the September 27, 2016 Adjourned Council
meeting.
2. Second Reading of Ordinance No. 112, 2016, Authorizing Execution of the Cribari-
Gheen/Schuman Amended and Restated Deed of Conservation Easement. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 4, 2016, authorizes the
execution of the amended and restated Cribari/Gheen/Schuman conservation easement. The Cribari
property was a 72 +/- acre property south of Timnath in unincorporated Larimer County that was
conserved by the City with a conservation easement in 2005 with Chris Cribari. Cribari subdivided
the parcel, then sold the subsequent two parcels to Ken and Deborah Gheen and Michael and Taryn
Schuman. After the Gheens placed their parcel on the market, ambiguities were identified in the
original conservation easement deed, including lack of clarity on residential development potential
and approved land uses and activities for each parcel, in addition to a shared liability for each other’s
parcels. This amended and restated conservation easement has addressed and clarified all the
issues presented with no net-loss to the conservation value of the parcels.
3. Second Reading of Ordinance No. 114, 2016, Designating the H. W. Schroeder Property
Located at 419 Mathews Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant
to Chapter 14 of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on October 4, 2016, designates the H. W.
Schroeder property located at 419 Mathews Street as a Fort Collins Landmark. The owners of this
property, the Carol Johnson Trust and the John McGowan Trust, are initiating this request.
4. First Reading of Ordinance No. 116, 2016, Appropriating Unanticipated Revenue in the
General Fund to Be Remitted to the Fort Collins Housing Authority to Fund Affordable
Housing and Related Activities. (Adopted)
The purpose of this item is to refund the Payment in Lieu of Taxes (PILOT) for public services and
facilities received from the Fort Collins Housing Authority in 2015 with respect to a HUD financed
Public Housing Program that provides low income rental units. The Authority paid the City of Fort
Collins PILOT of $10,906 in 2015 under a previously approved Cooperation Agreement and requests
that the City return the PILOT to fund needed affordable housing related activities. The City may
spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the
funds to the Authority if the Council determines that such remittal serves a valid public purpose. The
Council has returned the PILOT payment to the Authority since 1992.
October 18, 2016
City of Fort Collins Page 127
5. Resolution 2016-080 Authorizing the Mayor to Execute an Updated Intergovernmental
Agreement Between the City and the North Front Range Metropolitan Planning Organization
Regarding Vehicle Maintenance and Human Resource Services. (Adopted)
The purpose of this item is to authorize the Mayor to execute an intergovernmental agreement with
the North Front Range Metropolitan Planning Organization (MPO) for the City to provide vehicle
maintenance and Human Resource services to the MPO.
END CONSENT
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the Rocky Mountain City Summit and the Poudre
Heritage Alliance meeting.
Councilmember Martinez reported on the Kosher Bistro grand opening at Parmalee Hall and the
Kaiser Permanente event at the Innosphere.
Councilmember Campana thanked Council and the City for allowing him to represent the City at
Vice President Biden’s residence for the It’s On Us campaign. He reported on the Water
Collaboration Committee meeting.
Mayor Troxell reported on the 41
st
anniversary of Fine Print, the Community of Christ Church
100th anniversary, and a visit to a 3rd grade class at Coyote Ridge Elementary.
Mayor Pro Tem Horak reported on an open meeting Transfort held at the Senior Center
regarding moving the bus stop from the Senior Center out to Shields.
Councilmember Cunniff requested staff address the issue of safe access to transit, specifically at
the Senior Center.
Mayor Pro Tem Horak discussed options for Senior Center transit, bus stops, and Dial-a-Ride.
Councilmember Martinez announced a stop and chat session for tomorrow evening.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
6. First Reading of Ordinance No. 115, 2016, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated
Amounts between Funds or Projects (Adopted on First Reading)
The purpose of this Annual Budget Adjustment Ordinance is to combine dedicated and unanticipated
revenues or reserves that need to be appropriated before the end of the year to cover the related
expenses that were not anticipated and, therefore, not included in the 2016 annual budget
appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and
grants that have been paid to City departments to offset specific expenses. This item was reviewed
by the Council Finance Committee on September 30, 2016 and recommended moving forward for
Council consideration.
Councilmember Campana withdrew from the consideration of this item due to a conflict of
interest.
October 18, 2016
City of Fort Collins Page 128
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 115, 2016, on First Reading.
RESULT: ORDINANCE NO. 115, 2016, ADOPTED ON FIRST READING [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
RECUSED: Campana
DISCUSSION ITEMS
7. First Reading of Ordinance No. 117, 2016, Authorizing the Acquisition by Eminent Domain of
Additional Real Property Interests Necessary to Construct Public Improvements as Part of
the Prospect Road and College Avenue Intersection Improvements Project. (Adopted as
Amended on First Reading)
The purpose of this item is to obtain authorization from City Council to use eminent domain, if
necessary, to acquire property interests needed to construct improvements to the intersection of
Prospect Road and College Avenue. This authorization is for a partial acquisition affecting 1535
Remington Street at the east end of the project.
Laurie Kadrich, Planning, Development and Transportation Director, noted staff has yet to reach
an agreement with the property owners at 1535 Remington for an option which would include a
dual left-turn option. She stated staff remains concerned about the timeline for maximizing the
efficiency of the construction project. This item, if approved, would authorize eminent domain,
if necessary, on a portion of one of the residential properties and involves a choice among three
design options.
Dean Klingner, Engineering, discussed the three options presented by staff. Option 1 includes
dual west-bound, left turn lanes from Prospect onto College, as proposed in July. This option
includes a congestion benefit of 30-35% and a wider sidewalk immediately in front of 1535
Remington; however, it requires rebuilding the stucco wall and removing the large tree on the
property. The necessary right-of-way is about 1700 square feet. Option 2 is a compromised dual
left, which maintains the same storage in the dual west-bound turn lanes but with additional work
to the east to reduce the impact to 1535 Remington. This option made slight changes to the
design but maintains the full congestion benefit of the dual left-turn lanes; it does not impact the
wall east of the driveway and does not impact the large tree and would require about 1100 square
feet. Option 3 includes a single west-bound left turn lane and would not impact the wall and the
tree. This option has a reduced congestion benefit and requires about 600 square feet of right-of-
way. Temporary easements would be required in any of the options. The alternatives are
primarily differentiated based on their congestion benefit and the sidewalk widths along 1535
Remington.
Howard Senn, 1523 Remington, supported eliminating the left-turn lane onto Remington and
discussed the importance of minimizing the use of eminent domain.
Kevin Harper, 1535 Remington, stated there is ample reason to conclude that Option 3
constitutes the best deal. He stated a friendly acquisition is both the right and expedient thing to
do.
October 18, 2016
City of Fort Collins Page 129
Anne Cleary, 1535 Remington, stated the eminent domain process has been very difficult for her
family. She commended the work of staff over the last three months to arrive at a mutually-
agreeable engineering plan and supported Option 3.
Councilmember Cunniff noted Option 3 seems to come closer to the City's constrained arterial
standard given a variety of metrics. He asked if that interpretation is correct and what type of
impact that information has on traffic and pedestrian safety. Klingner replied that interpretation
is correct; however, significant final design has yet to occur.
Councilmember Cunniff asked about reconciling the descriptions of the projects with the legal
description in the Ordinance. Klingner replied the legal descriptions are consistent with current
drawings. Rick Richter, Director of Infrastructure Services, noted the legal descriptions are
intended to be the maximum extent.
Councilmember Campana asked about the typical required cross-section for an arterial versus a
constrained arterial. Klingner replied the arterial section is 115 feet wide and the constrained
arterial is 102 feet wide.
Councilmember Campana noted the constrained arterial removes the parkway between the curb
and sidewalk and asked if it removes a bike lane. Klingner replied in the negative.
Councilmember Campana asked where this intersection falls in terms of priority to improve.
Klingner replied the intersection is one of the top problem locations identified in the 2010
Arterial Intersection Prioritization Study.
Councilmember Campana questioned how any option providing less than a constrained arterial
standard could function. Richter replied the original proposal was a compromise from the
constrained arterial standard. Over the last few months, staff has looked at compromises that
would minimize impacts to the property. He stated Option 2 is a mix of compromises of goals
for the project as a whole.
Councilmember Campana commended staff work on developing a compromise.
Councilmember Martinez stated he does not want to compromise safety. He asked if the
intersection is now failing. Joe Olson, Traffic Engineer, replied the intersection is currently at
level of service D.
Councilmember Martinez asked how long it would be before the intersection was considered
failing if Option 3 were selected. Olson replied any of the options will allow the intersection to
function at a level of service similar to today; however, Option 3 provides less benefit to the
intersection than do Options 1 and 2.
Councilmember Martinez stated he does not want to invest in the intersection only to find it
moving towards failing more quickly. He asked if the congestion mitigation between Options 2
and 3 is a significant difference. Olson replied in the affirmative.
Councilmember Martinez asked if safety would be compromised with Options limiting the cross-
section size. Richter replied there is a hazard with a five-foot attached sidewalk on an arterial
and he expressed concern with the combination of proposed design options.
October 18, 2016
City of Fort Collins Page 130
Councilmember Martinez expressed concern regarding the impact to disabled individuals of the
narrow sidewalk. He asked about the cost difference if the project were to be delayed a year.
Richter replied inflation and lost opportunities to coordinate with other projects would likely
mean a $500,000 cost difference.
Councilmember Overbeck requested a cost estimate of Options 2 and 3. Klingner replied the
two options are within 2% of each other at this level of design.
Councilmember Overbeck asked if data exists regarding vehicle versus pedestrian accidents
along the Prospect corridor. Klingner replied no crashes of that type have occurred at the
intersection.
Councilmember Campana stated the possible 8-foot lane widths in Options 2 and 3 provide a
huge safety concern.
Councilmember Cunniff asked which parts of Prospect between Centre and Stover have 102 feet
of available right-of-way. Klingner replied a constrained arterial would most commonly be used
in a development scenario.
Councilmember Cunniff asked if 8-foot lanes exist along Prospect or Mulberry. Olson replied
there are stretches of Prospect with 9-foot lanes plus the gutter pan; the 8-foot sections in this
case also have an additional gutter pan.
Councilmember Cunniff asked how the 10% reduction in lane width would affect typical vehicle
speeds. Olson replied it may not necessarily affect speed depending on the amount of traffic.
Councilmember Cunniff asked if the project on the west side of College will move forward
regardless of final design of this section. Richter replied the improvements would move forward
and would also require interim improvements.
Councilmember Cunniff noted there is a shorter distance of asphalt to cross for individuals in
wheel chairs with Option 3.
Councilmember Stephens asked if prohibiting the east-bound left-turn onto Remington would
increase the lane width for other lanes. Klingner replied a foot or so may be able to be claimed
in that case.
Councilmember Campana asked what intersection level of service triggers the need to look at the
area for improvements. Olson replied E is considered failing and the goal is to provide level of
service D at peak travel times.
Mayor Troxell noted intersection congestion will only increase due to redevelopment and
activity in the area. Richter agreed traffic in the area will increase and stated redevelopment
provides opportunities for detached sidewalks.
Councilmember Stephens asked if wayfinding signs can be placed to encourage bikers and
pedestrians to move to safer intersections. Klingner replied that is occurring with low-stress bike
networks; however, pedestrians tend to take the shortest route to their destinations and a focus on
ensuring safety exists.
October 18, 2016
City of Fort Collins Page 131
Councilmember Overbeck asked what would occur if none of the three options were approved.
Richter replied the project would not be able to move forward on schedule; therefore, additional
costs would be incurred. Should the project not move forward at all, conditions would remain
the same.
Councilmember Martinez made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 117, 2016, Option 1, on First Reading.
Councilmember Martinez discussed the importance of public safety, stating Option 1 is the best
choice in that regard.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to amend the
motion to replace Option 1 with Option 3.
Councilmember Cunniff agreed safety is an important consideration but disagreed Option 3 is
less safe than Option 1. He discussed the importance of protecting private property rights and
opposed the use of eminent domain in these proceedings; however, he stated he would be willing
to leaving the option in given a project that seems to be more aligned with what a final
negotiation would have revealed. He opposed the City's standard practice with regard to eminent
domain as a whole and stated staff should be given direction to at least consider closing the left
turn at Remington.
Councilmember Overbeck supported Option 3 and stated he would like to see the City move
toward more negotiation and consultation rather than the appearance of using a heavy hand with
regard to eminent domain.
Councilmember Martinez requested information regarding how frequently Council has
authorized the use of eminent domain. Helen Matson, Real Estate Services, replied Council has
authorized the use of eminent domain, if necessary, for 15 parcels since 2011 and the City has
only gone to court over one property in the past ten years.
Councilmember Martinez asked Councilmember Overbeck why he had previously supported
authorizing the use of eminent domain. Councilmember Overbeck replied this instance affects
the surface rights of property owners.
Councilmember Stephens supported Option 2 as a compromise which would limit impacts to
property owners and provide equal congestion benefits.
Councilmember Martinez stated he would accept Option 2.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to amend the
amended motion to replace Option 3 with Option 2.
Mayor Pro Tem Horak discussed the compromise benefits of Option 2 noting it preserves the
wall and tree at 1535 Remington while maintaining congestion benefits.
Councilmember Campana stated this intersection should be improved for multi-modal uses. He
stated he could not support the compromise for a tree and a wall.
October 18, 2016
City of Fort Collins Page 132
Mayor Pro Tem Horak suggested the use of a public process in terms of final design regarding
the left turn onto Remington.
Councilmember Campana noted the removal of that left turn lane would not positively affect the
intersection design in terms of space needed for the wall and tree. Klingner replied the lane
could be closed to add storage to the west-bound lanes on Prospect; however, it does not solve
the fundamental issue of shifting the road to the south.
Councilmember Campana noted the City does not normally build an intersection only partially.
Councilmember Overbeck encouraged changes in the process moving forward and stated he will
not support Option 2.
City Manager Atteberry stated the process will be reviewed; however, in the last 20 years, 75
actions have been approved by Council to exercise eminent domain on 367 properties. Of those,
53 were filed in the court and only 5 have gone through a resolution process. Fort Collins'
process is viewed as the best practice in many cases.
Mayor Pro Tem Horak stated this particular situation illustrated the City's process is good. He
noted there is a difference between eminent domain on commercial and owner-occupied
residential properties.
Councilmember Campana noted an affirmative vote on any of the three options supports the use
of the City's eminent domain process.
The vote on the second amendment to replace Option 3 with Option 2 was as follows: Yeas:
Troxell, Martinez, Stephens and Horak. Nays: Campana, Cunniff and Overbeck.
THE MOTION CARRIED.
The vote on the first amendment to replace Option 1 with Option 2 was as follows: Yeas:
Martinez, Stephens, Horak and Troxell. Nays: Cunniff, Overbeck and Campana.
THE MOTION CARRIED.
The vote on the main motion as amended, adopting Option 2, was as follows: Yeas: Martinez,
Stephens, Horak and Troxell. Nays: Campana, Cunniff, and Overbeck.
THE MOTION CARRIED.
RESULT: ORDINANCE NO. 117, 2016, ADOPTED AS AMENDED ON FIRST READING
[4 TO 3]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Troxell, Horak
NAYS: Overbeck, Campana, Cunniff
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
October 18, 2016
City of Fort Collins Page 133
8. First Reading of Ordinance No. 113, 2016, Authorizing the Conveyance of a Permanent
Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State
University. (Adopted on First Reading)
The purpose of this item is to authorize the conveyance to Colorado State University of a permanent
stormwater easement on City property at the Gardens on Spring Creek. Colorado State University
(CSU) needs to construct a water quality pond to handle the flows from its new construction at CSU,
including the new stadium. The Center Outfall Water Quality Pond (Pond) will be constructed on land
owned by CSU, as well as on a portion of the City's property at the Gardens on Spring Creek
previously identified as the location of a City Water Quality Pond in the 2013 Water Quality Master
Plan. The Pond will handle flows from both entities.
Jon Haukaas, Water Engineering Field Operations Manager, stated this action would convey a
permanent stormwater easement to Colorado State University on property just north of Spring
Creek and west of Centre Avenue. The property is part of a joint project with CSU to install a
water quality pond. Haukaas discussed the design plans for the pond, stating it will be very
natural looking. Additional design changes would come at the cost of water quality.
Councilmember Cunniff stated there is a perception this project was necessary because of the
new stadium construction. Haukaas replied the visibility of the project came about as a result of
the Intergovernmental Agreement between the City and CSU; however, this was an existing need
and the stadium will not add any additional runoff. He clarified staff is looking at this project as
a water quality project, not a stream restoration project.
Councilmember Cunniff asked if the restraints with regard to the design of the slopes and
contouring interior are funding-related or site-related. Haukaas replied the design is funding-
related only with respect to the need to balance the dirt on site.
Councilmember Cunniff questioned whether there should have been some neighborhood park
development fees collected for Lilac Park. Kurt Friesen, Park Planning and Development
Director, replied there is no timeline for Lilac Park at this time as other park priorities exist.
Councilmember Cunniff suggested the development of a park priorities list to help develop the
process.
City Manager Atteberry noted parks are sometimes developed when a leverage opportunity
exists.
Councilmember Campana asked when neighborhood parkland fees were first collected by the
City. Friesen replied that occurred in 1983 or 1985. He noted parks are developed based on
collection of fees, some of which is based on the pace of development. The park priority list is
based on where development is occurring.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 113, 2016, on First Reading.
Mayor Pro Tem Horak asked why this item was not discussed with the Water Board. Haukaas
replied the item was discussed with the Water Board during the adoption phase in 2012 and
2013.
Councilmember Campana asked how often the Water Board discusses detention or water quality
projects. Haukaas replied the discussions are generally kept at the policy, or master plan level.
October 18, 2016
City of Fort Collins Page 134
Councilmember Cunniff commended the additional design work on the project.
Councilmembers commented on the possibility of redesigning and improving existing water
quality projects throughout the city.
Mayor Troxell commended the partnership with CSU and the project as a whole.
RESULT: ORDINANCE NO. 113, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
9. Resolution 2016-081 Approving the West Elizabeth Enhanced Travel Corridor Plan. (Adopted)
The purpose of this item is to request Council adoption of the West Elizabeth Enhanced Travel
Corridor (ETC) Plan. The West Elizabeth ETC Plan covers the area between Overland Trail and
Shields (as well as the CSU Foothills and Main Campuses) and between Mulberry and Prospect.
The Plan has a special focus on addressing existing deficiencies, such as inadequate transit service
for the area’s demands, incomplete bike and pedestrian networks, and higher than expected
numbers of crashes in certain locations, as well as accommodating needs related to future growth
and development in the project area. The project has developed recommended short and long term
improvements for the corridor, with the intent of improving safety and functionality for all users.
Laurie Kadrich, Planning, Development and Transportation Director, introduced the item as the
West Elizabeth Enhanced Corridor Plan and noted the staff team was recognized as an award
recipient for the public process surrounding the Plan. The project plans for today’s needs as well
as the future and involves an area beyond just the Campus West corridor.
Emma Belmont, Transfort Transit Planner, stated an enhanced travel corridor creates a network
as defined by the Transportation Master Plan for corridors that focus on high-frequency transit,
bicycling and walking. The study area for this Plan is focused on West Elizabeth Street between
Overland Trail and Shields and the connection of CSU’s two campuses and to downtown and
midtown. A robust public engagement strategy existed throughout the process and a stakeholder
committee helped guide the process from beginning to end. Belmont noted the intent and
outcome of the Plan was to have minimal impact on private property and to incorporate a phased
development.
Amy Lewin, FC Moves Senior Transportation Planner, discussed the long-term package of
improvements which include premium high-frequency transit, completing the bike and
pedestrian network, new north-south crossings, as well as safety improvements for motorists.
Some elements of phasing have already occurred, including transit service changes, bus stop
upgrades, and an improvement to the bike/pedestrian crossing near Skyline and West Elizabeth.
Lewin detailed specific aspects of the Plan and noted the process has been separate but will
integrate with the design of a proposed underpass at Elizabeth and Shields.
Mike Warner, stakeholder committee member, stated this is an important project for the area and
the city and supported adoption of the Plan. He complimented the City on its public involvement
efforts.
October 18, 2016
City of Fort Collins Page 135
Eric Sutherland questioned the City’s priorities given the public input supporting Sunday
Transfort service.
Patty Jeffries stated her neighborhood was left out of the process as shareholders. She
questioned the use of business vitality performance measures given 75% of the corridor is
residential. She expressed concern regarding excessive speeding in the area.
Jay Henke, stakeholder committee member, commended public outreach efforts and stated the
Plan takes current land uses into account. He commended the proposed protected intersection at
City Park and Elizabeth and encouraged enhanced north-south connections.
Mayor Pro Tem Horak requested staff address Ms. Jeffries' comments. Lewin addressed the
cross section elements between Overland and Cypress mentioned by Ms. Jeffries and noted the
proposal is smaller than the usual standard and is not using all available right-of-way.
Councilmember Cunniff requested staff follow-up regarding the operational concerns, such as
snow removal, and metric issues discussed by Ms. Jeffries. He asked about the intent of
proposed landscaping. Lewin replied landscaping details will be finalized with appropriate
departments and could include xeriscaping. Belmont noted the City will maintain this parkway
as it is along an arterial and is a capital project. City Manager Atteberry stated a confirming
memo will be provided.
Mayor Pro Tem Horak asked if staff has met with Ms. Jeffries and other concerned citizens.
Lewin replied in the affirmative and stated two appendices have been added to the Plan based on
those conversations; one covers maintenance considerations and the other relates to final design
considerations.
Councilmember Cunniff asked how this design will affect vehicular speed. Lewin replied the
Plan outlines best practices in terms of traffic calming.
Councilmember Overbeck asked how the Plan's approach will aid in traffic calming. Lewin
replied existing conditions include a great deal of asphalt which encourage higher speeds. The
addition of curb and gutter, medians, and narrower travel lanes can help control speed.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2016-081.
Mayor Pro Tem Horak discussed the changing nature of the West Elizabeth corridor.
Councilmember Campana commended the Plan and public outreach efforts.
Councilmember Overbeck commended the thoughtful and thorough public engagement process.
Councilmember Martinez commended the design and staff effort.
Councilmember Stephens commended the Plan and stated it is needed.
October 18, 2016
City of Fort Collins Page 136
RESULT: RESOLUTION 2016-081 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
10. Resolution 2016-082 Directing the Mayor to Submit a Letter to the United States Secretary of
the Treasury Urging the Adoption of Internal Revenue Service Regulations or Other Laws to
Exclude Water Conservation Rebates Provided by Water Utilities from the Taxable Gross
Income of Individuals Under the Federal Income Tax. (Adopted)
The purpose of this item is to demonstrate official support for the exclusion of water conservation
rebates from a residential utility customer’s taxable gross income under federal tax law.
Travis Storin, Accounting Director, stated this item would direct the Mayor to send a letter to the
Secretary of the U.S. Treasury urging him to resolve an emerging administrative discrepancy in
the United States Internal Revenue Code (IRC). Because the IRS is silent with respect to water
conservation efforts, those rebates are included as ordinary taxable income for the utility
customer.
Eric Sutherland questioned how many ratepayer dollars are used for these rebates and questioned
why the City collects such a high sales tax on water sales to its Utilities customers compared to
other water providers in the city.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2016-082.
RESULT: RESOLUTION 2016-082 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Councilmember Campana discussed citywide water storage issues regarding Halligan Reservoir
and the NISP project. He requested and received Council support to direct City staff to identify
the issues and current plan for NISP so as to work toward collaborative solutions.
Mayor Pro Tem Horak requested an update regarding what has been done to this point regarding
NISP.
Councilmember Cunniff requested a response to his inquiry regarding the email transparency
program. City Manager Atteberry apologized for the delay in a response and noted the issue is
not related to inhibiting transparency, but is rather related to a software and vendor relationship.
Councilmember Cunniff asked about Council expenses not being placed in Open Book. City
Manager Atteberry replied he would respond tomorrow and was unaware of any issues with
Open Book.
Councilmember Overbeck discussed the need for "trailblazing transparency."
October 18, 2016
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Mayor Troxell stated Fort Collins has been designated a "runner friendly" city and is also a
platinum "bike friendly" city. It is one of only two cities in the United States with both
designations.
Councilmember Martinez requested an update regarding how Boston and Anchorage are
addressing homelessness issues.
Mayor Pro Tem Horak discussed a Wall Street Journal article addressing camping bans
throughout the country.
ADJOURNMENT
The meeting adjourned at 10:26 PM.
______________________________
Mayor
ATTEST:
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City Clerk