HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/07/2016 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE MAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY June 7, 2016
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the May 3 and May 17, 2016 Regular Council Meetings, the May
10, 2016 Special Council Meeting and the May 24, 2016 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve minutes from the May 3 and May 17, 2016 Regular Council meetings,
the May 10, 2016 Special Council meeting and the May 24, 2016 Adjourned Council meeting.
ATTACHMENTS
1. May 3, 2016 (PDF)
2. May 10, 2016 (PDF)
3. May 17, 2016 (PDF)
4. May 24, 2016 (PDF)
City of Fort Collins Page 443
May 3, 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 moved Item No. 6, First Reading of Ordinance No. 051, 2016,
Appropriating Unanticipated Grant Revenue in the Transit Services Fund for a Bicycle Parking
Facility at the Downtown Transit Center, to Discussion
CITIZEN PARTICIPATION
Anne Cleary discussed the eminent domain proceedings at Prospect and College and opposed the
process used by the City regarding learning her house will be impacted.
Chelsey Mandell, Homeless Gear, commended those who played a role in providing safe shelter
for homeless citizens during the recent storm.
Carol Seager expressed concern regarding the possible use of eminent domain at the Prospect
and College intersection stating alternative plans have not been examined.
Lynn Thompson, Fort Collins Homeless Coalition, commended the expansion of shelter space
for women this summer but expressed concern regarding the lack of beds for men. She
encouraged transparency and clarity by codifying the City's commitment to stop issuing camping
tickets.
Dr. Jessica Whit discussed bicycle commuting in town and expressed concern regarding the
Prospect and College intersection and roadway design.
Kelly Connor discussed the Everyone Matters Day proclamation stating it was not inclusive of
all citizens.
Carol Miller discussed her concerns regarding the Prospect and College intersection and
requested the inclusion of context-sensitive solutions.
Carole Hossan announced National Historic Preservation Month and opposed Council's decision
to allow Woodward to deconstruct two silos on its property.
C.W. Miller discussed the Prospect and College intersection suggesting a more thorough
examination of alternatives should occur.
Harry Rose discussed the April 19th hearing regarding the Woodward silos.
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Deborah (no last name given) opposed the City's monitoring of electricity use every 15 minutes
and opposed the amount of the charge for manual meter reading.
Esther Aguila discussed the need for additional services for homeless residents and opposed
ticketing for camping.
John Mark applauded those who have opened up warming centers for homeless individuals and
stated homelessness needs to be rethought.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Overbeck noted there is an ongoing conversation with property owners at
Prospect and College. Jeff Mihelich stated staff has met with Remington homeowners.
Councilmember Martinez requested input regarding the fees for manual meter reading. City
Manager Atteberry replied Kevin Gertig, Utilities General Manager, will provide more
information in written format.
Councilmember Cunniff asked about plans for the Prospect and College intersection. Laurie
Kadrich, Planning, Development and Transportation Director, replied a conceptual plan was
done for the intersection and partial engineered drawings for the City’s improvements and other
alternatives have been created.
Councilmember Cunniff asked if a broader plan context to the east of the intersection has been
developed. Kadrich replied conceptual plans for east of the intersection, based on a few
alternatives, have been developed.
Councilmember Cunniff asked about staff’s plan for neighborhood outreach. Kadrich replied
staff typically works with the affected property owners directly.
Councilmember Cunniff noted a July 12 work session regarding homelessness issues is
scheduled.
City Manager Atteberry noted Council provided direction at a work session to move forward
with the Prospect and College intersection design. An alternative concept will also be presented.
Councilmember Overbeck commented on the treescape at the Prospect and College intersection.
Councilmember Stephens recognized individuals and organizations who have come together to
provide shelter for homeless individuals.
Mayor Troxell thanked the citizens who spoke and commended the work of staff and the faith-
based community for providing shelter during a recent storm.
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City of Fort Collins Page 445
CONSENT CALENDAR
Eric Sutherland withdrew Item No. 9, First Reading of Ordinance No. 058, 2016, Amending the
Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms, from the Consent
Agenda.
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 April 5, 2016 Regular Council Meeting.
(Adopted)
The purpose of this item is to approve the minutes from the April 5, 2016 Regular Council meeting.
2. Second Reading of Ordinance No. 049, 2016, Appropriating Prior Year Reserves in the
Recreation Fund for Remodeling the Lobby of the Edora Pool Ice Center and Authorizing the
Transfer of Appropriated Amounts Between Projects for the Art in Public Places Program.
(Adopted)
This Ordinance, unanimously adopted on First Reading on April 19, 2016, appropriates $410,820 in
Recreation Reserve funds for the Edora Pool Ice Center (EPIC) Lobby Improvements. The funds will
be used to remodel and relocate the front desk, repurpose the snack bar area, create a recessed
trash and recycling area, install new lockers, and renovate the overall appearance of the lobby area.
The lobby renovation is desired to take place during the aquatic renovation project occurring this
summer from May 20-October 30, to minimize downtime at the EPIC and minimizing the negative
impact on customer service.
3. Second Reading of Ordinance No. 050, 2016, Appropriating Unanticipated Grant Revenue
from Great Outdoors Colorado (GOCO) in the Capital Projects Fund for the Fossil Creek Trail-
College Avenue to Shields Street Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 19, 2016, appropriates grant funds
for the construction of the Fossil Creek Trail from College Avenue to Shields Street. Great Outdoors
Colorado (GOCO) has awarded the City a $1,000,000 trail grant. The proposed project completes a
major connection of the Fossil Creek Trail from College Avenue to Shields Street. The project
involves 1.25 miles of new concrete trail and a major tunnel underpass structure at the Burlington
Northern Santa Fe (BNSF) Railroad. The trail will connect to the existing Fossil Creek Trail just west
of College Avenue and terminate at the existing trail on the east side of Shields Street. The layout of
the trail has been discussed with appropriate City staff and area residents. Design of the trail tunnel
underpass phase of the project has reached the final stage. Construction of the trail tunnel
underpass will begin in 2016. Pursuant to the grant agreement the City has until June 2017 to
complete the project.
4. Second Reading of Ordinance No. 052, 2016, Authorizing the Transfer of Previously
Appropriated Funds in the Capital Project Fund from the Timberline Recycling Center Project
to the Timberline Road – Drake Road to Prospect Road Improvement Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 19, 2016, transfers previously
appropriated funds in the amount of $87,102 from the Timberline Recycling Center into the Capital
Projects Fund for the Timberline Road-Drake Road to Prospect Road Improvement Project. This
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funding constitutes the Local Street contribution, in aid of construction, for the Timberline Recycling
Center on Timberline Road. The Timberline Road frontage improvements along the Timberline
Recycling Center frontage will be constructed with this year’s Capital Improvement Project.
5. Second Reading of Ordinance No. 053, 2016, Vacating the East Ridge Plat. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 19, 2016, vacates various streets
dedicated on the East Ridge plat that are no longer necessary or desirable to retain for street
purposes. The right-of-way vacation includes various public streets, alleys and a portion of
Timberline Road in an area bounded by Timberline Road to the west and Vine Drive to the north.
The property is proposed to be replatted as East Ridge Second Filing which was approved through
an Administrative Hearing on January 27, 2016.
6. First Reading of Ordinance No. 056, 2016, Appropriating Unanticipated Grant Revenue in the
General Fund and Authorizing the Appropriation of Restricted Northern Colorado Drug Task
Force General Fund Reserves for Fort Collins Police Services 2016 Task Force Programs and
Services. (Adopted)
The purpose of this item is to appropriate unanticipated revenue in the General Fund and authorize
the transfer of appropriated amounts between accounts and projects for the multi-jurisdictional
Northern Colorado Drug Task Force (NCDTF). Fort Collins Police Services applied to the Office of
National Drug Control Policy and the Department of Justice on behalf of the 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 $279,915 from its forfeiture reserve account to its 2016 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.
7. First Reading of Ordinance No. 057, 2016, Appropriating Unanticipated Grant Revenue in the
Storm Drainage Fund for Conceptual Design of the Mulberry/Myrtle/Riverside Storm Sewer
Project. (Adopted)
The purpose of this item is to appropriate $44,615 in grant revenues from the State of Colorado
Department of Homeland Security-Office of Emergency Management (DHSEM). The grant will fund
city project management costs associated with conceptual design of the Mulberry/Myrtle/Riverside
Storm Sewer project. The project is identified in the Old Town Master Drainage Plan to mitigate
street and structure flooding.
8. Items Relating to the Southeast Community Park. (Adopted)
A. First Reading of Ordinance No. 059, 2016, Declaring Certain City-Owned Property at the
Southeast Community Park Site as Road Right of Way.
B. First Reading of Ordinance No. 060, 2016, Authorizing the Conveyance of Two Waterline
Easements on City Property to the Fort Collins-Loveland Water District.
The purpose of this item is to declare certain City property as road right-of-way as part of the
development of the City’s Southeast Community Park property, and to authorize the conveyance of
two waterline easements to the Fort Collins-Loveland Water District on the City property. The City
of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler Road
that is planned to be developed as the Southeast Community Park. Construction is scheduled to
begin in the spring of 2016. As part of the requirements for the development of the park, portions of
the property need to be declared as road right-of-way for Kechter Road, Ziegler Road, and Lady
Moon Drive. The Fort Collins-Loveland Water District will provide water service to a fire hydrant and
restroom at the park. As such, the City needs to convey a waterline easement to the District to
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install the waterline for service. In addition, the District has requested an additional waterline
easement to install a 24-inch waterline to provide service to their customers in the nearby region.
The waterline will be installed while the City is completing the construction of the park to minimize
disturbance to the City property.
9. Resolution 2016-039 Updating the Responsibilities of Council Liaisons to City Boards and
Commissions and Superseding Resolution 2000-076. (Adopted)
The purpose of this item is to review and define expectations of Councilmembers in their role of
Council Liaisons to their assigned City boards and commissions.
STAFF REPORTS
City Attorney Daggett provided an overview of the context of the Colorado Oil and Gas
Association (COGA) case decided by the Colorado Supreme Court and discussed the key
findings in the case which essentially state that Fort Collins has no role in regulating oil and gas
in any way. The court found that both the Fort Collins moratorium and Longmont’s ban on
fracking were preempted under state law and were in operational conflict with how the state law
regulating oil and gas applied to oil and gas activities.
Mayor Troxell asked if this decision will allow the single Fort Collins operator to commence
operations. City Attorney Daggett replied the City has an existing operator agreement and it is
not yet clear that either the adoption or the invalidation of the moratorium removes that
arrangement from being in effect.
Councilmember Cunniff requested analysis regarding the regulation of lines which are off the
well pad sites but not yet on the distribution network.
Councilmember Campana asked if the operator agreement was terminated during the time of the
moratorium. Kadrich replied there were no changes to the operator agreement authorized by
Council and Prospect Energy as a result of the moratorium.
Police Chief John Hutto discussed events which led to the discovery of some body-worn camera
videos not being given to the courts for various cases and detailed the steps that have been taken
to ensure no further issues. The Police Department is committed to the technology and the
policy changes will help avoid issues.
Councilmember Stephens asked what circumstances trigger a camera to be turned on. Chief
Hutto replied there are no automatic triggers; the cameras are turned on and off by the operator
based on developed policies involving public interaction that may turn into an enforcement
event. Deputy Chief Mike Trombley stated the cameras are used to ensure mutual accountability
or because there may be an evidentiary reason. The cameras go back 30 seconds after being
turned on by the officer.
Councilmember Cunniff asked what type of audit or check is planned to ensure the policies have
corrected these issues. Chief Hutto replied this is an ongoing opportunity for continuous
improvement and additional audit steps have already been outlined. Deputy Chief Greg Yeager
stated the entire property and evidence team, along with several officers, are working to do a
very detailed audit looking at every open case with the District Attorney's office.
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Councilmember Campana discussed the benefits of the body-worn camera program and
expressed confidence the problems will be solved.
Mayor Troxell commended the transparency of the presentation.
Matt Robenault, Downtown Development Authority, reported on a trip to the Denver Salvation
Army Homeless Services Facilities. He detailed various programs offered for citizens through
the Salvation Army and stated the largest takeaway from the visit was that the job of the
operators is to provide an environment of care and order in the facilities.
Councilmember Stephens asked if the individuals who have gone through the transitional
programs are tracked in any way regarding their success. Mr. Robenault replied those
individuals are tracked and statistics regarding success are available.
Councilmember Martinez discussed a specific success story from the visit and thanked the
organizers.
Councilmember Stephens requested additional information regarding the transitional programs
and levels of success.
Mr. Robenault commended Council’s diligence in its efforts to refine its role in the community
relative to issues of homelessness.
Councilmember Overbeck commended the role of the DDA in its service to the community.
Councilmember Martinez commended the work of community members and companies in
aiding homeless individuals.
COUNCILMEMBER REPORTS
Councilmember Cunniff reported on the failure of the petition drive to overturn the City’s “U+2”
ordinance.
Councilmember Campana reported on the City’s new pilot project for lane rentals wherein a
contractor is charged for lane closures exceeding a pre-approved time limit. City Manager
Atteberry commended the idea.
Mayor Pro Tem Horak reported on the Boxelder Basin Regional Stormwater Authority meeting
and his attendance at a graduate class in public health at Colorado State University.
Councilmember Martinez reported on the Conrad Ball award presentation, the Putnam
Elementary School Cinco de Mayo celebration, the Fairway Estate property owner association
meeting regarding homeless issues, and the Frida Fashion Program.
Mayor Troxell reported on the Northern Colorado Regional Airport Commission’s renaming of
the airport to the Northern Colorado Regional Airport. He also reported on the Northern
Colorado Economic Alliance meeting of regional mayors and the Villages on Plum service
learning project ribbon cutting.
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(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
11. First Reading of Ordinance No. 051, 2016, Appropriating Unanticipated Grant Revenue in the
Transit Services Fund for a Bicycle Parking Facility at the Downtown Transit Center.
(Adopted on First Reading)
The purpose of this item is to request an unanticipated 2016 appropriation in the amount of $210,000
to facilitate the design and construction of a secure bicycle parking facility at the Downtown Transit
Center. In 2015, CDOT awarded the City of Fort Collins $210,000 in Transportation Alternatives
Program (TAP) funding to design and construct the facility. Boulder County is the entity that entered
into the grant agreement with CDOT and will reimburse the City up to $210,000. The City and
Boulder County executed an IGA to this effect in January 2016. Local match for the project in the
amount of $52,500 in KFCG capital funding was appropriated in the 2015-2016 BFO cycle. All of the
funding will be directed towards design of the structure and site, and construction of the facility. A
grant agreement was executed by CDOT on January 25, 2016, and a Notice to Proceed was
approved on March 11, 2016. To comply with the City’s Art in Public Places (APP) Ordinance, we
will use existing appropriations in 2016 to cover the 1% of the local match ($525) to APP.
City Manager Atteberry stated Councilmember Martinez requested this item be pulled to the
Discussion Agenda for a public explanation of the cost.
Timothy Wilder, Transfort Service Development Manager, stated very few vendors are available
for this product and the cost is higher primarily to ensure a design complimentary to the historic
character of the building.
Councilmember Martinez requested a picture of the facility. Wilder showed a picture of the
existing South Transit Center secure bike shelter.
Councilmember Martinez made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 051, 2016, on First Reading.
Mayor Troxell asked how access to the structure is controlled. Wilder replied both existing
structures require users to subscribe to use the facilities annually and provide a deposit on a key
card.
RESULT: ORDINANCE NO. 051, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
DISCUSSION ITEMS
12. Second Reading of Ordinance No. 054, 2016, Appropriating Prior Year Reserves in the Street
Oversizing Fund to be Transferred Into the Capital Projects Fund and Appropriated Therein
for the Construction of the Sharp Point/Nancy Gray Connection Project. (Adopted on Second
Reading)
This Ordinance, adopted on First Reading on April 19, 2016, by a vote of 6-0 (Campana recused)
appropriates $984,000 of prior year reserves in the Street Oversizing Fund and $116,000 from the
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Street Oversizing Fund Contributions & Aid into the Capital Project Fund for the Sharp Point/Nancy
Gray Connection Project. The currently adopted Master Street Plan identifies Sharp Point Drive
connecting Midpoint Drive with Nancy Gray Avenue. This identified connection includes an at-grade
crossing of the Great Western Railroad tracks. Right-of-way has previously been dedicated for the
roadway connection. Due to recent development to the south as well as support from the Larimer
County Sheriff’s Office (LCSO), staff has identified this connection as an immediate need.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 054, 2016, on Second Reading.
Councilmember Cunniff noted the AIS states this item was moved up the priority list due to a
request from the Sheriff's Office regarding safety. Tim Kemp, Engineering, replied that is one of
the reasons; however, staff felt the timing was right and that was supported by the Sheriff's
Office.
RESULT: ORDINANCE NO. 054, 2016, ADOPTED ON SECOND READING [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
RECUSED: Campana
13. Items Relating to Amending the City of Fort Collins District-Precinct Map. (Adopted on First
Reading)
A. Public Hearing and Motion Regarding a Protest filed by Eric Sutherland.
B. First Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct
Map.
The purpose of this item is to amend the City of Fort Collins District-Precinct Map to (1) align the City
precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2)
adjust Council district boundaries to achieve a required population deviation between the most
populous district and the least populous district. The district boundaries were last adjusted in August
2012.
A protest of the proposed options for amending the District-Precinct map was filed by Eric Sutherland
on April 18, 2016.
City Clerk Wanda Winkelmann stated this item would alter the City’s Council districts to match
the County precinct boundaries and achieve a required population deviation of no more than 10%
between the most and least populous district. All options before Council include the CSU
population data and the population deviation among the four options ranges from 5.96% to
6.02%. A protest of the redistricting options was received by the City Clerk’s Office.
City Attorney Daggett provided an overview of the protest process and recommended Council
provide an opportunity for Mr. Sutherland, the protesting party, to describe his protest and
explain his concerns prior to allowing general citizen participation. Following citizen input,
Council can then move forward with a decision on the protest and then the Ordinance should it
so choose.
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Eric Sutherland stated all options being considered impair the franchise of voters in the City of
Fort Collins as it forces certain precincts to wait six years between choosing an elected
representative to Council. He stated options are available so as to prevent this from happening,
including waiting until after the 2017 election to go through the redistricting process.
Councilmember Cunniff expressed his understanding of Mr. Sutherland’s concerns; however, he
stated there is no time for this process before or after an election which would eliminate the six
year wait for some individuals unless a larger imbalance is accepted wherein some precincts are
moved before and some after the election.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, that Council find
the protest filed by Mr. Sutherland has no merit. Yeas: Martinez, Overbeck, Campana, Stephens,
Cunniff, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 055, 2016, Option 1, on First Reading.
Eric Sutherland stated Councilmember Cunniff’s analysis is incorrect and there is an option
which would allow certain precincts to vote after two years rather than six.
Mayor Pro Tem Horak clarified precincts are not moving, district boundaries are simply
changing.
Councilmember Cunniff stated he would be glad to meet with Mr. Sutherland regarding his
analysis.
Councilmember Overbeck stated he would not support the motion as he prefers Option 4.
Mayor Pro Tem Horak expressed concern that Option 4 splits the Avery Park neighborhood.
RESULT: ORDINANCE NO. 055, 2016, ADOPTED ON FIRST READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
14. Items Relating to Dust Prevention and Control. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 044, 2016, Amending Chapter 12, Article X of the Code of the
City of Fort Collins Related to Particulate Matter Emissions.
B. Second Reading of Ordinance No. 045, 2016, Amending the Land Use Code by the Addition of
Provisions Pertaining to Dust Prevention and Control.
These Ordinances, unanimously adopted on First Reading on April 5, 2016, implement regulations
and a set of consistent best practices (Dust Control Manual) for (twelve) specific activities that
generate dust to follow, in order to reduce health impacts and nuisances associated with dust
generating activities. Per Council direction during First Reading, staff has revised Ordinance No.
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044, 2016, to reflect a higher lot size exemption of 5 acres (from 10,000 square feet), whereby these
projects do not have to employ the Dust Control Manual to prevent, control, and minimize dust
generation unless two written warnings have been issued within a one year period. Staff continues to
recommend lot size (as opposed to disturbed area) to measure the 5-acre threshold, as lot size is a
recorded number that can be verified, tracked, and enforced.
In addition to the increase in the size threshold, staff has also amended the checklist in the Manual
and included associated language in the Ordinance. Staff has also removed references to chemical
stabilization and cover within the Manual. Finally, if adopted, staff will continue to track the
implementation of the Ordinances and reevaluate the adopted threshold one year from when
enforcement officially begins (November 1, 2017).
Lucinda Smith, Environmental Services Director, stated the objective of this item is to
implement an enforceable approach to address the impacts of dust from construction on health,
nuisance and safety.
Lindsay Ex, Environmental Program Manager, detailed five issues for which Council requested
additional feedback: assessing the size threshold around when the dust control manual should
apply, whether or not a disturbed area can be tracked instead of lot size, development of a user-
friendly checklist that would apply to all projects regardless of size, removing specific references
in the manual, and reevaluating the size threshold and effectiveness one year after hard
enforcement. Ex discussed data analyzed from a building permit and dust complaint perspective
and stated staff is recommending a five acre threshold for the first year of enforcement.
Mayor Pro Tem Horak commended staff's analysis but asked for additional information
regarding staff's recommendation of five acres. Ex replied there are two pieces of data to take
into consideration when developing a size threshold: building permit data and compliant data;
three out of 24 complaints in 2015 were for sites less than five acres.
Councilmember Cunniff asked about enforcement and expressed concern that a gap in protection
is occurring by setting the threshold at five acres, below which compliance is strictly on a
citation basis. Smith stated complaints have been addressed thus far by discussing issues with
the source. A budget offer has been put forward for additional code enforcement officers, one of
whom would focus on environmental codes including this ordinance if it were to pass. With
regard to the five acre threshold, Ex stated there is no clear data, especially from the complaint
side, to provide clear direction regarding the correct threshold.
Councilmember Cunniff asked if the Stormwater department was approached when the manual
was being written with regard to the chemical treatments. Ex replied Stormwater has been
involved in the project since its inception and chemical treatments are considered allowable as
best management practices by the state; however, that option can be removed.
Councilmember Cunniff asked if Stormwater staff has evaluated the turbid flow of the runoff
from dust impacts. Jessie Schlam, Erosion Control Inspector, replied no analysis other than
typical runoff associated with plowing has occurred and tracking additional data would require
significantly more staff time.
Councilmember Cunniff asked if the size threshold could be circumvented by development of
smaller portions of a site at any given time. Ex replied language does exist that Council could
consider if it would prefer.
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City Attorney Daggett clarified the ordinance provides a definition for a small-scale source,
which is a project excluded from the dust control manual requirements, and bases the five acres
on a single lot or parcel.
Councilmember Cunniff requested future analysis of how often adjacent lots less than five acres
are developed.
Councilmember Campana noted one development construction permit would be issued for site
development work applicable to all lots.
Councilmember Stephens asked if synthetic cover is not practical on smaller sites. Ex replied it
is seen as practical; however, Council has encouraged the promotion of other techniques because
tarps and other covers cannot always be recycled.
Councilmember Martinez made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 044, 2016, on Second Reading.
Councilmember Campana commended staff work on the item.
Councilmember Cunniff expressed concern with the lack of vetting on the recent changes to the
ordinance and questioned whether or not the five acre threshold is the correct number.
Mayor Pro Tem Horak requested quarterly updates from staff in order to ensure success of the
five acre threshold.
Councilmember Cunniff requested Council's support of the budget offer for increased code
enforcement. Schlam noted typical enforcement policies involve a written warning and formal
documentation served to the superintendent or developer.
Councilmember Campana noted there is not yet information regarding how much enforcement is
needed in terms of dust control.
Councilmember Cunniff noted there are other enforcement needs.
Councilmember Overbeck suggested a budget offer for increased street sweeping in
neighborhoods.
RESULT: ORDINANCE NO. 044, 2016, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Councilmember Martinez made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 045, 2016, on Second Reading.
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City of Fort Collins Page 454
RESULT: ORDINANCE NO. 045, 2016, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
15. First Reading of Ordinance No. 058, 2016, Amending the Code of the City of Fort Collins to
Clarify On-Bill Utility Financing Terms. (Adopted on First Reading)
The purpose of this item is to clarify interest rate language in relevant Utilities rate ordinances for the
Home Efficiency Loan Program (HELP). Loan interest rates would be set at 4.0% starting on June 1,
2016. A 4% interest rate is within the range approved by Council for the program in January 2015
and remains the Chief Financial Officer’s recommendation. The interest rate revision was reviewed
by the Council Finance Committee, who recommended moving forward with this proposed change.
Staff also plans to return to Council in the third quarter of 2016 with options and recommendations
for the program, including a transition to third party capital.
Eric Sutherland stated the on-bill financing program lacks effectiveness and made suggestions
for use of the Smart meters.
Mike Truett stated he sent Council a PowerPoint presentation outlining the Massachusetts Mass
Saves program and discussed a fraud investigation relating to the program.
Councilmember Martinez requested staff input regarding Mr. Truett’s comments. John Phelan,
Utilities Resource Conservation Manager, stated having a single vendor, as in the Mass Saves
program, can lead to conflict of interest issues. Fort Collins does not have that situation and is
streamlining its processes in its pilot program.
Councilmember Martinez asked what safeguards the City has in place. Phelan replied the
contractors doing the work are not the individuals developing the scope of work, there is
verification of the quality of the work, and customer satisfaction surveys exist.
Councilmember Cunniff asked how the City is increasing the knowledge and use of the loans by
households with lower incomes. Phelan replied the loan program was not initially targeted at an
income qualified demographic but was trying to provide a financing product that was not
available from the private sector to stimulate additional and more comprehensive projects. The
marketing of the program is to all customers engaged in efficiency programs. Phelan discussed
the credit score data of loan customers.
Councilmember Stephens discussed the importance of marketing the loan programs to
individuals with lower incomes and asked if individuals who do not qualify are made aware of
other programs for which they may qualify. Phelan replied in the affirmative.
Councilmember Cunniff discussed the importance of loan usage fairly reflecting community
demographics and the effectiveness of the program in terms of energy savings.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 058, 2016, on First Reading.
May 3, 2016
City of Fort Collins Page 455
RESULT: ORDINANCE NO. 058, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Mayor Pro Tem Horak asked City Manager Atteberry if he thought Council was unduly harsh to
Mr. Gebo or the City’s hired engineer during the Woodward silo item. City Manager Atteberry
replied in the negative.
Mayor Pro Tem Horak commended Mr. Gebo and his engineer for their professionalism in
answering Council’s questions.
Councilmember Martinez distributed Cinco de Mayo schedules.
Councilmember Overbeck received Council support of the development of local rules and
regulations regarding rolling coal. Mayor Pro Tem Horak supported looking into the issue and
noted it was to be addressed at the state level as it is difficult to enforce locally.
ADJOURNMENT
The meeting adjourned at 9:30 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 456
May 10, 2016
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 6:35 p.m.
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
CITIZEN PARTICIPATION
Kevin Harper thanked the City Manager and staff for creating an alternative design for the
Prospect and College intersection and suggested a site visit to his property.
Carol Miller thanked staff for creating an alternative plan for the Prospect and College
intersection and stated it can be a catalyst for establishing cooperation between the City and the
community regarding the affected properties. This alternative plan substantially reduces the
impacts to 1535 and 1601 Remington and the costs of construction can be offset using CSU's
contribution.
Thomas Edwards discussed a bicycle survey he conducted on Springfield. He asked how many
citations were issued for indecent exposure as part of the "undie run" on CSU's campus.
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Pro Tem Horak stated there were no off-campus citations for the “undie run” and two on-
campus citations.
DISCUSSION ITEMS
Executive Session Authorized
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the City
Council go into executive session for the purpose of meeting with the City management and
legal staff to discuss: (1) real property acquisitions for the Prospect and College intersection
improvements project as permitted under Section 2-3(a)(3) of the City Code and Colorado
Revised Statutes Section 24-6-402(4)(a), and (2) specific legal questions related to litigation or
potential litigation involving the City as permitted under Section 2-31(a)(2) of the City Code and
Colorado Revised Statutes Section 24-6-402(4)(b).
Carol Miller encouraged Council to carefully consider its decision and stated eminent domain
action would set a serious precedent and negative tone.
Mayor Troxell noted no decisions will be made during the Executive Session.
May 10, 2016
City of Fort Collins Page 457
RESULT: APPROVED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 7:54 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 458
May 17, 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
Mayor Troxell recognized and commended the City Works 101 graduates and the graduating
class of the Family Leadership Training Institute.
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there are no changes to the published agenda; however, there are
five public hearings on the Consent Agenda which the Mayor will open at the appropriate time.
Mayor Troxell noted the following Consent Agenda items are public hearings:
8: Items Relating to the Completion of the 2016 Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing Funds from the Federal Community Development Block Grant
(CDBG) Program, Federal HOME Investment Partnerships (HOME) Program the City’s
Affordable Housing Fund (AHF) and the City’s Human Services Program (HSP)
12b: Public Hearing and First Reading of Ordinance No. 069, 2016, Annexing the Property
Known as the Mountain’s Edge Annexation to the City of Fort Collins, Colorado
13: Public Hearing and First Reading of Ordinance No. 070, 2016, Amending the Zoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Mountain's Edge Annexation to the City of Fort Collins, Colorado
14b: Public Hearing and First Reading of Ordinance No. 071, 2016, Annexing the Property
Known as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins,
Colorado
15: Public Hearing and First Reading of Ordinance No. 072, 2016, Amending the Zoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the East Prospect at Boxelder Creek Annexation to the City of Fort Collins.
CITIZEN PARTICIPATION
Leanne Massey, Respite Care Executive Director, discussed the services provided by Respite
Care and thanked the City for its support.
Eric Sutherland commented on an aura of dishonesty throughout the City and opposed URA
funding of the Summit project.
Chelsey Mandell, Homeless Gear Development Director, thanked the City for its funding
recommendations.
May 17, 2016
City of Fort Collins Page 459
Mel Hilgenberg requested an expansion of the Downtown 2-hour parking zones to 8:00 p.m.,
suggested moving the Fort Collins Rescue Mission to the old nightclub by Catholic Charities and
expanding MAX service for affordable housing.
Guy Mendt, Catholic Charities Director, thanked the City for its funding recommendations and
thanked Council for its on-going support.
Jeff Wright, Heart of the Rockies Church former pastor, supported a divestment resolution and
discussed human rights around the world.
Martin Bates, Veterans for Peace, discussed the catastrophe of Palestine and supported a
divestment resolution.
Steve Ramer, Fort Collins Mennonite Fellowship pastor, discussed the occupation of Palestine
and supported a divestment resolution.
Janey Stein, Jewish Voice for Peace, discussed the importance of not investing in companies that
further brutal practices in Palestine and supported a divestment resolution.
Sue Ellen Klein supported a divestment resolution and non-violent strategies to get Israel
engaged in peace again.
Kelly Hennigan, Crossroads Safehouse, thanked the City for its funding recommendations and
on-going support.
Logan Schmidt discussed the number of people living in hunger.
Nick Haas thanked Police Services for giving his son a tour of the Police facility.
Hend discussed negative side effects of cell phone use, including stress and sleep disturbance.
Lynn Barker, Fort Collins Homeless Coalition, discussed the death of another member of the
homeless community and the number of beds in homeless shelters.
Yolanda Valles supported the formation of a community garden and expansion of the children’s
park in the Andersonville neighborhood.
Nancy Jackson, Disabled Resource Services Director, thanked the City for its funding
recommendations.
Katherine Yung discussed Colorado air quality and the idea of green roofs.
Kevin Harper discussed the history of his home at 1535 Remington.
Anne Cleary discussed the history of her home at 1535 Remington and showed slides of the
home.
Seth Kelly, Base Camp, requested support of staff’s funding recommendations.
May 17, 2016
City of Fort Collins Page 460
Sandy Lemburg discussed traffic and streets planning, particularly at the Prospect and College
intersection. He asked about the City’s policy regarding open houses and notification for such
projects.
Liz Donovan, Food Bank of Larimer County, thanked the City for its funding recommendations
and continued support.
Abby Hartley discussed traffic issues on Prospect and suggested a community conversation
around the topic.
Chris Fine, Summitstone Health Partners, thanked the City for its funding recommendations and
continued support.
Carol Miller encouraged Council to not necessarily take staff’s recommendation regarding the
Prospect and College intersection, suggesting certain policies and procedures were violated. She
also supported the formation of a tiny homes community.
Deborah James stated she was withdrawn from a program at Catholic Charities with no reason.
Stephanie Slate, Project Self Sufficiency, thanked the City for its funding recommendations.
Cheryl Distaso, Fort Collins Homeless Coalition, thanked the City for its coordination with
Catholic Charities to expand the year-round number of beds for women. She expressed concern
regarding the number of men being turned away from shelters and encouraged the codification of
the practice of not ticketing individuals for sleeping outside when shelters are full.
John Mark stated the city is in a shelter crisis and supported progressive dialogue.
An unidentified man discussed his recent arrest for carrying a knife for protection from raccoons
and stated he was turned away from Catholic Charities and forced to sleep outside.
Thomas Edwards, Fort Collins Bicycle Coalition, discussed bicycle counts for the fiscal year.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Overbeck recognized Mr. Hilgenberg on his return, noted all City surveys are
posted online and encouraged citizens to contact Councilmembers if they are seeking a specific
survey. He thanked the speakers who discussed funding recommendations and noted the
comments regarding the park and garden in Andersonville will hopefully be addressed.
Councilmember Cunniff thanked the speakers who discussed funding recommendations and
acknowledged the young speakers. He is interested in following up on cell phone impacts and
green roofs.
Councilmember Martinez requested information regarding the definition of “vulnerable” with
respect to shelter access. Beth Sowder, Social Sustainability, replied that answer would need to
come from Catholic Charities itself and stated she would follow-up.
Councilmember Martinez requested information regarding the future of parks in the
Andersonville area. City Manager Atteberry replied he would provide Council with an update.
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City of Fort Collins Page 461
Councilmember Campana noted Romero Park is a neighborhood park and asked about the future
of community parks in that area as it develops.
Councilmember Stephens commended the CityWorks 101 graduates and thanked the speakers
from the Family Leadership Training Institute and those who spoke regarding funding
recommendations.
Councilmember Campana thanked the citizens who spoke and thanked the individuals who
operate the organizations and staff members who manage the funding recommendations. He
recommended Councilmember Overbeck contact Sproutin’ Up regarding the formation of a
community garden in Andersonville.
Mayor Troxell thanked the young citizens who spoke and noted there are some upcoming public
forums regarding traffic congestion. He thanked the citizens who spoke regarding funding
recommendations and recognized Mr. Hilgenberg.
CONSENT CALENDAR
Eric Sutherland withdrew Item Nos. 5, Second Reading of Ordinance No. 058, 2016, Amending
the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms and 8, Items
Relating to the Completion of the 2016 Spring Cycle of the Competitive Process for Allocating
City Financial Resources to Affordable Housing and Community Development Activities
Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program,
Federal HOME Investment Partnerships (HOME) Program the City’s Affordable Housing Fund
(AHF) and the City’s Human Services Program (HSP) from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda. Yeas: Martinez, Stephens,
Overbeck, Campana, Troxell, Cunniff and Horak. Nays: none.
THE MOTION CARRIED.
Mayor Troxell closed the public hearings on Item Nos. 12b, 13, 14b and 15.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the minutes of the April 19, 2016 Regular Council Meeting and
the April 26, 2016 Special Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the April 19, 2016 Regular Council meeting
and the April 26, 2016 Special Council meeting.
2. Second Reading of Ordinance No. 051, 2016, Appropriating Unanticipated Grant Revenue in
the Transit Services Fund for a Bicycle Parking Facility at the Downtown Transit Center.
(Adopted)
May 17, 2016
City of Fort Collins Page 462
This Ordinance, unanimously adopted on First Reading on May 3, 2016, appropriates $210,000 to
facilitate the design and construction of a secure bicycle parking facility at the Downtown Transit
Center. In 2015, CDOT awarded the City of Fort Collins $210,000 in Transportation Alternatives
Program (TAP) funding to design and construct the facility. Boulder County is the entity that entered
into the grant agreement with CDOT and will reimburse the City up to $210,000. The City and
Boulder County executed an IGA to this effect in January 2016. Local match for the project in the
amount of $52,500 in KFCG capital funding was appropriated in the 2015-2016 BFO cycle. All of the
funding will be directed towards design of the structure and site, and construction of the facility. A
grant agreement was executed by CDOT on January 25, 2016, and a Notice to Proceed was
approved on March 11, 2016. To comply with the City’s Art in Public Places (APP) Ordinance,
existing appropriations in 2016 will be used to cover the 1% of the project budget ($2,625) to APP.
This reflects a change in the APP amount from First Reading (1% of the local match - $520), which
was determined did not meet the APP Ordinance requirement.
3. Second Reading of Ordinance No. 056, 2016, Appropriating Unanticipated Grant Revenue in
the General Fund and Authorizing the Appropriation of Restricted Northern Colorado Drug
Task Force General Fund Reserves for Fort Collins Police Services 2016 Task Force
Programs and Services. (Adopted)
This Ordinance, unanimously adopted on First Reading on May 3, 2016, appropriates unanticipated
revenue in the General Fund and authorizes the transfer of appropriated amounts between accounts
and projects for the multi-jurisdictional Northern Colorado Drug Task Force (NCDTF). Fort Collins
Police Services applied to the Office of National Drug Control Policy and the Department of Justice
on behalf of the 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 $279,915 from its forfeiture reserve account to its 2016 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.
4. Second Reading of Ordinance No. 057, 2016, Appropriating Unanticipated Grant Revenue in
the Storm Drainage Fund for Conceptual Design of the Mulberry/Myrtle/Riverside Storm
Sewer Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on May 3, 2016, appropriates $44,615 in
grant revenues from the State of Colorado Department of Homeland Security-Office of Emergency
Management (DHSEM). The grant will fund city project management costs associated with
conceptual design of the Mulberry/Myrtle/Riverside Storm Sewer project. The project is identified in
the Old Town Master Drainage Plan to mitigate street and structure flooding.
5. Items Relating to the Southeast Community Park. (Adopted)
A. Second Reading of Ordinance No. 059, 2016, Declaring Certain City-Owned Property at the
Southeast Community Park Site as Road Right of Way.
B. Second Reading of Ordinance No. 060, 2016, Authorizing the Conveyance of Two Waterline
Easements on City Property to the Fort Collins-Loveland Water District.
These Ordinances, adopted unanimously on First Reading, on May 3, 2015, declares certain City
property as road right-of-way as part of the development of the City’s Southeast Community Park
property, and authorizes the conveyance of two waterline easements to the Fort Collins-Loveland
Water District on the City property. The City of Fort Collins owns a 54-acre property at the northeast
corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast
Community Park. Construction is scheduled to begin in the spring of 2016. As part of the
requirements for the development of the park, portions of the property need to be declared as road
right-of-way for Kechter Road, Ziegler Road, and Lady Moon Drive. The Fort Collins-Loveland Water
District will provide water service to a fire hydrant and restroom at the park. As such, the City needs
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City of Fort Collins Page 463
to convey a waterline easement to the District to install the waterline for service. In addition, the
District has requested an additional waterline easement to install a 24-inch waterline to provide
service to their customers in the nearby region. The waterline will be installed while the City is
completing the construction of the park to minimize disturbance to the City property.
6. First Reading of Ordinance No. 061, 2016 Appropriating Prior Year Reserves in the Natural
Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural
Areas Programming not Included in the 2016 Adopted City Budget. (Adopted)
The purpose of this item is to appropriate $9,598,100 in prior year reserves and unanticipated
revenues in the Natural Areas Fund for the purpose of land conservation, construction of public
improvements, restoration of wildlife habitat and other NAD programs to benefit the citizens of Fort
Collins.
7. Items Relating to Updating the Code of the City of Fort Collins Pertaining to Unclaimed and
Abandoned Intangible Personal Property. (Adopted)
A. First Reading of Ordinance No. 064, 2016, Amending Section 23-130 of the Code of the City of
Fort Collins and Adding a Division 4 to Article IV in City Code Chapter 23 to Provide New
Procedures for the City’s Disposition of Unclaimed and Abandoned Intangible Personal Property.
B. First Reading of Ordinance No. 065, 2016, Codifying the Utilities Payment Assistance Program
and Amending Chapter 26 of the Code of the City of Fort Collins to Authorize Expenditure of
Amounts Donated to the Program and Forfeited Unclaimed and Abandoned Intangible Personal
Property Held by the Utilities Pursuant to Division 4, Article IV of Chapter 23 of the Code.
The purpose of this item is to update City Code for the processing of unclaimed and abandoned
intangible personal property owned by others that is in the City’s possession for various reasons.
State law authorizes local governments to have formal procedures in place in order to assume
ownership of unclaimed and abandoned intangible personal property. Alternatively, the City would
have to turn the property over to the State of Colorado. Existing City Code Section 23-130 has
provided these formal procedures but they are in need of updating. On April 18, 2016, the Council
Finance Committee reviewed the proposed changes and recommended that this item be presented
to the City Council for consideration. However, since the Committee reviewed these changes as
found in Ordinance No. 064, 2016, this Ordinance has been revised to clarify how intangible property
coming into the City’s possession through law enforcement activities or as lost and found property
will be disposed of under the Ordinance. Proposed changes to Chapter 26-Utilities are also included
to recognize how unclaimed funds from the utility enterprises will be managed once they are
declared forfeited under Chapter 23. Ordinance No. 065, 2016, amending Chapter 26 provides that
such unclaimed and forfeited utilities funds are directed to the Payment Assistance Program.
8. First Reading of Ordinance No. 066, 2016, Repealing the Electric Service Rules and
Regulations, Amending and Codifying Certain Provisions Formerly in the Electric Service
Rules and Regulations, Amending and Renaming the Electric Construction Policies Practices
and Procedures as the Electric Service Standards, and Making Certain Clarifying
Amendments in Chapter 26 of the Code of the City of Fort Collins and the Electric Service
Standards. (Adopted)
The purpose of this item is to clarify and consolidate policy and construction standards applicable to
development of the City’s electric network.
9. Items Relating to Amendment of the Airport Intergovernmental Agreement Recommended by
the Northern Colorado Regional Airport Commission. (Adopted)
A. First Reading of Ordinance No.067, 2016, Approving the First Amendment to the Amended and
Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland
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City of Fort Collins Page 464
Municipal Airport, to be Known Henceforth as the Northern Colorado Regional Airport, and
Ratification of Previous Actions.
B. First Reading of Ordinance No. 068, 2016, Amending Various Sections of the Code of the City of
Fort Collins Relating to the Delegation of Authority to the Northern Colorado Regional Airport
Commission and Change of the Name of the Fort Collins-Loveland Municipal Airport to the
Northern Colorado Regional Airport.
The purpose of this item is to amend the January 22, 2015 Amended and Restated
Intergovernmental Agreement for the joint operation of the Airport (“IGA”), delegate, within specific
parameters, the authority for the Northern Colorado Regional Airport Commission to enter into longer
lease agreements, grant agreements, and make expenditures for Airport operations or capital needs
from appropriated, but unassigned reserves. Ordinance No. 067, 2016, also ratifies and reaffirms
the approval of the IGA and creation of the Commission under the IGA by Resolution 2015-003 to
comply with Article IV, Section 1 of the City Charter and actions taken by the Commission, its officers
and members with respect to operation and management of the Airport pursuant to and within the
scope of the IGA. Ordinance No.068, 2016, amends the City Code to address the impact the First
Amendment has on the delegated authority with respect to Airport leases, grants, and expenditures.
In addition, the change of the Airport name necessitates amendments to other provisions of the City
Code to reflect that change.
10. Items Relating to the Mountain's Edge Annexation. (Adopted)
A. Resolution 2016-041 Setting Forth Findings of Fact and Determinations Regarding the
Mountain’s Edge Annexation.
B. Public Hearing and First Reading of Ordinance No. 069, 2016, Annexing the Property Known as
the Mountain’s Edge Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex 18.52 acres located at 2430 South Overland Trail at the
northeast corner South Overland Trail and West Drake Road. The Initiating Resolution was adopted
on April 5, 2016. A related item to zone the annexed property is presented as the next item on the
agenda.
11. Public Hearing and First Reading of Ordinance No. 070, 2016, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Mountain's Edge Annexation to the City of Fort Collins, Colorado. (Adopted)
The purpose of this item is to zone the property included in the Mountain’s Edge Annexation into the
Low Density Mixed-Use Neighborhood zone district.
12. Items Relating to the East Prospect at Boxelder Creek Annexation. (Adopted)
A. Resolution 2016-042 Setting Forth Findings of Fact and Determinations Regarding the East
Prospect at Boxelder Creek Annexation.
B. Public Hearing and First Reading of Ordinance No. 071, 2016, Annexing the Property Known as
the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado.
This is a request to annex a segment of East Prospect Road right-of-way. The request is related to a
City Utilities and Engineering project to improve the Boxelder Creek crossing of the road for flood
management purposes. The segment is located east of Summitview Drive and west of the Interstate
25 frontage road. The segment is approximately 1,000 feet in length. The Initiating Resolution was
adopted on April 5, 2016. A related item to zone the annexed property is presented as the next item
on this Agenda.
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City of Fort Collins Page 465
13. Public Hearing and First Reading of Ordinance No. 072, 2016, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East
Prospect at Boxelder Creek Annexation to the City of Fort Collins. (Adopted)
The purpose of this item is to zone the property included in the East Prospect at Boxelder Creek
Annexation as a mix of Urban Estate (UE) and Employment (E).
14. Resolution 2016-043, Approving Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming and Tourism Programming Accounts for the selected community and tourism events
based upon the recommendations of the Cultural Resources Board.
15. Resolution 2016-044, Approving an Art Project for the Utilities Administration Building and
Approving Expenditures from the Utility Project Account to Commission Artists to Create the
Art Project Pursuant to the Art In Public Places Program (Adopted)
The purpose of this item is it to approve expenditures from the Art in Public Places Utility Funds to
commission an artist team to create art for the Utility Administration Building Project. The
expenditures of $48,800 will be for design, materials, fabrication, installation, and contingency for
Creative Stained Glass Studio to create multiple art elements for the interior of the new Utility
Administration Building.
16. Resolution 2016-045 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
COUNCILMEMBER REPORTS
Councilmember Campana provided a memo of the Landmark Preservation Commission monthly
update, noted May is National Historic Preservation Month and is the 50
th
anniversary of the
National Historic Preservation Act. The Landmark Preservation Commission and staff received
a positive review as a Certified Local Government from History Colorado.
Councilmember Overbeck reported on a Natural Areas cleanup by Maple Hill residents and a
listening session he hosted involving community safety. He thanked Chief Hutto, Susan Vance,
and the Neighborhood Enforcement team for being involved and discussed positive feedback he
received for having a Spanish/English interpreter at the event.
Councilmember Martinez reported on the Chamber of Commerce leadership graduation and the
El Centro banquet at CSU for graduating Latino students.
Mayor Pro Tem Horak reported on construction of the new 2.1 mile climbing lane on I-25 just
south of the Berthoud exit and stated the Town of Berthoud has contributed $250,000 toward I-
25 funding. He discussed the lack of a transportation bill being passed at the state level.
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Mayor Troxell announced City Manager Atteberry’s 20 years of service with the City and
thanked him for his commitment.
DISCUSSION ITEMS
17. First Reading of Ordinance No. 073, 2016, Authorizing the Acquisition by Eminent Domain of
Additional Lands Necessary to Construct Public Improvements as Part of the Prospect Road
and College Avenue Intersection Improvements Project. (Adopted 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 the two residential properties at the
east end of the project.
Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff
will 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 necessary in order to keep
the project on schedule.
Laurie Kadrich, Planning, Development and Transportation Director, stated this action is a
request for eminent domain to be an option for consideration in order to obtain the necessary
right-of-way for intersection improvements at Prospect and College. Eminent domain is a tool
used as a last resort and is not the option being requested at this time. Fort Collins has had a long
history of making road improvements to reduce congestion, increase safety, and accommodate
new developments. There are many benefits to staff’s proposed plan for the intersection;
however, it does impact the yard of one residential property at 1535 Remington.
Dean Klingner, Capital Projects Manager, clarified this action would authorize the use of
eminent domain, if necessary, on portions of two residential properties. Next steps involve as
much as ten months of good faith negotiation prior to any court action. Most often, the City will
reach a mutually agreeable resolution with property owners. Klingner reviewed the evolution of
the intersection plans and provided a summary of staff’s preferred option stating it best achieves
the project goals while minimizing impacts.
Paul Tomlinson expressed concern regarding changes on Prospect that would impact the
Harper/Cleary property at 1535 Remington.
John Clarke, former owner of 1535 Remington, discussed the historical significance of the
property and opposed the use of eminent domain.
Anne Cleary, 1535 Remington owner, discussed the impacts of this plan to the livability of her
home and stated it will not be able to be sold as a single-family residence.
Josh Fine, 1511 Remington, opposed the use of eminent domain and discussed the impacts of
construction on trees.
Carol Seger opposed the use of eminent domain stating good faith negotiations are impossible
when one party holds all the power.
Lois Hunt discussed improvements to the Eastside neighborhood over time and opposed the use
of eminent domain.
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Carol Miller discussed the history of relevant dates related to this project and stated this plan will
render the house at 1535 Remington unlivable.
Cassiopeia Camera opposed the use of eminent domain and questioned why she should invest in
a neighborhood which could potentially be devalued. She asked how the value of the properties
will be determined.
Sandy Lemburg stated other options should be considered and argued against the use of eminent
domain. He stated a double left turn lane is not needed.
Abby Hartley discussed the tight knit Eastside neighborhood and opposed the use of eminent
domain given most of the traffic issues are a result of CSU. She asked if CSU could potentially
be held responsible for all or part of the $1.3 million necessary to purchase the homes on the
south side that are willing to sell.
Dan Graham opposed the use of eminent domain stating this action makes it not appear as a last
resort.
Brenda Bryan, 1525 Remington, read from Dr. Seuss' The Lorax and urged Council to examine
the pros and cons of this plan.
Joe Lewis, resident of the corner of Prospect and Remington, questioned how this and future
construction will impact the neighborhood.
C.W. Miller, 1601 Remington owner, stated eminent domain should be a last resort and argued
the City should look for innovative ways to move people to Midtown using alternatives to
vehicles.
Kevin Harper, 1535 Remington, discussed the impact of this proposal to his property. His
sidewalk is the widest in the area and he questioning why his sidewalk has been deemed unsafe.
(Secretary's Note: Council took a brief recess at this point in the meeting.)
Councilmember Overbeck requested additional information regarding how many feet of Mr.
Harper's property will be affected, specifically by the southern bedrooms. Klingner replied the
maximum extent of the acquisition along the east frontage of the house is four feet and along the
west side is eight feet, which includes widening of four feet of the sidewalk.
Councilmember Overbeck requested a map be shown to illustrate the changes. Klingner showed
a map of the proposed changes noting the traffic does not move any closer to the house along the
side with sidewalk improvements; however, the traffic would move four feet closer at a corner of
the house.
Councilmember Overbeck asked how much of the property will need to be dug into and
requested information regarding tree removal. Klingner replied trees would need to be removed.
Councilmember Overbeck asked how many feet beyond the wall will be affected. Klingner
replied there would be temporary impacts which could go ten to fifteen feet into the property
necessary for enabling the construction; however, that would not be a permanent land purchase,
just a temporary easement.
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City of Fort Collins Page 468
Councilmember Overbeck asked if the ten to fifteen feet could be further detailed. Klingner
replied the more specific number on the temporary easement is ten to twelve feet and noted there
is flexibility in limiting that if it is not needed. Twelve is the maximum distance; fifteen feet is
not in the authorization.
Councilmember Overbeck asked how staff will ensure the house will not be damaged from the
construction. Klingner replied work with a structural engineer can document before and after
conditions and many construction techniques are available to minimize vibration.
Councilmember Overbeck expressed concern regarding quality of life impacts and asked if
vibrations occurring within the house today could be measured versus after construction.
Klingner replied it is possible to monitor traffic noise before and after construction and the wall
may be constructed in such a way so as to mitigate noise.
Councilmember Overbeck stated residents in any home in Fort Collins should not feel additional
impacts from street oversizing. He asked if there are any plans for mitigation in terms of cooling
the house if the large shade tree is lost. Klingner replied mitigation for the loss of the trees will
be a big part of negotiation with the property owners. There are some potential opportunities to
get bigger trees located in the back of the property.
Councilmember Cunniff expressed concern regarding the street design and width. He asked
about the current width, curb to curb, of Prospect on the east side of College. Klingner replied
there are four 11-foot lanes plus the gutter, so curb to curb is approximately 50 feet; the width
right as a pedestrian would cross Prospect going north or southbound is roughly 90 feet.
Councilmember Cunniff stated the new design looks like the width would be about 135 feet,
including the pork chop island and median. Klingner replied that distance estimate may be a
little high. Dan Woodward, Project Engineer, stated the pedestrian distance between curb ramps
is approximately 110 feet.
Councilmember Cunniff expressed concern the new design is creating an intimidating
intersection for pedestrians. He suggested the possibility of narrowing the lane-to-lane widths,
narrowing the sidewalks a bit, and eliminating the left turn lane at Remington to the north in
order to avoid impacts to at least the tree if not the wall. Klingner replied the lanes in the design
are 11 feet, which is one foot narrower than the standard design; a ten foot lane seems too narrow
for this traffic volume and design speed of 35 miles per hour.
Councilmember Cunniff stated not all roads need to be designed to 35 miles per hour given
historic locations and impacts. He stated his preference is to come up with a new option that
contemplates a lower design speed, makes the crossings safer for pedestrians, and reduces the
eminent domain area.
Councilmember Overbeck supported examining that option.
Councilmember Campana asked about recent examples wherein staff has been authorized to use
eminent domain if need be, noting the procedure is not often used as negotiations are most often
successful. Lindsay Kuntz, Real Estate Specialist, replied the majority of larger capital
improvement projects involve a staff request for authorization to use eminent domain if
necessary; from that point, owners are officially notified of property interest, appraisals are
completed, and negotiations occur. Recent projects, including MAX, North College, Vine and
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City of Fort Collins Page 469
Shields, Horsetooth and Timberline, Prospect and Timberline and others have used this
procedure.
Councilmember Campana asked what prevents staff from not wanting to negotiate with a
property owner if the eminent domain tool exists. Kuntz replied the City is required to have
good faith negotiations before attempting any eminent domain action via the court. City
Attorney Daggett stated Council adopted 44 ordinances or resolutions approving eminent domain
on 152 properties between 1996 and 2006, and of the 42 petitions filed by the City Attorney's
Office, only four actually went to the step in the process involving a non-consensual outcome.
Between 2006 and 2010, there were 16 ordinances authorizing eminent domain on 114
properties; of the five petitions filed, only one case went to trial. Between 2011 and 2016, there
were 15 ordinances authorizing eminent domain on 101 properties and negotiations are ongoing
with eleven property owners of that total. Six petitions have been filed, and all were settled prior
to trial. There is no advantage to the City in not reaching a mutual agreement; however, the main
process advantage to the City in using eminent domain is that it does allow the City to gain
possession of the property while the discussion about how much the City needs to pay for it is
still ongoing.
Councilmember Campana asked if that data was shared with the two affected property owners.
Klingner replied in the affirmative.
Councilmember Campana suggested a future policy discussion regarding notification of property
owners referencing eminent domain. He discussed the importance of trusting engineers in terms
of street design and noted the success rate in negotiating mutually agreeable outcomes is high.
Councilmember Martinez asked how good faith is measured and considered by the courts. City
Attorney Daggett replied there are few cases that actually produce court decisions related to
those kinds of issues because eminent domain cases are so frequently settled. Staff tries to have
a generous schedule and ensure active negotiations for at least two or three weeks, typically
longer before actually filing a petition, after which negotiations continue. Both parties typically
have an interest in trying to reach an agreement so they are not subject to a decision that is out of
their control. Kuntz stated staff spends at least 90 days doing appraisals after presenting notice
to the property owner. Following that, at least 30 days are spent talking to the owner about the
offer that has been presented to them. Additionally, site conditions and mitigation efforts are
discussed with property owners throughout the process.
Councilmember Martinez asked if this item was delayed for design planning. Klingner replied
February Council meetings were originally scheduled for this authorization.
Councilmember Martinez asked if exact figures regarding Councilmember Cunniff's questions
were available. Klingner replied the existing curb to curb width is 75 feet and the width in the
preferred design is 112 feet.
Councilmember Martinez asked how many feet would exist from the sidewalk to the house on
Prospect in the preferred design. Klingner replied that measurement varies along the length of
the house. At the narrowest point, on the west edge of the property, from the back of the
sidewalk to the face of the house is right around 19 feet. On the east edge, it is approximately 23
feet.
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City of Fort Collins Page 470
Councilmember Martinez asked about the purpose of the sidewalk widening. Klingner replied it
is a combination of safety and providing an inviting place for pedestrians.
Mayor Pro Tem Horak stated he cannot support the Ordinance as written given there is no
overall design going in either direction beyond this intersection.
Councilmember Cunniff agreed with Mayor Pro Tem Horak that additional regional planning is
needed; however, the intersection also needs immediate improvements. He stated he could
support postponement of the item for further analysis.
Councilmember Campana agreed additional studies could be done going east; however, the
roadway is constrained for the entire length and additional studies will not eliminate the need for
wider sidewalks and additional lanes. He noted the intersection improvements have already been
funded, the design exists, and the timing is right.
Councilmember Overbeck suggested one wrong move will be extremely impactful to the
neighborhood, citing the importance of quality of life.
Mayor Troxell stated a higher functioning intersection at College and Prospect will improve
neighborhood impacts because the neighborhood streets will not be used as alternatives. He
asked about an approximate timeline for a plan to examine Prospect east of College. Klingner
replied the preparation of the West Central Plan took about 18 months and examining Prospect,
east of College would take about the same amount of time.
Mayor Troxell requested staff input regarding what conditions would change in order to change
the design between Remington and College related to a larger segment of East Prospect. Rick
Richter, Director of Infrastructure Services, replied there are some similarities between the West
Central area and Prospect moving to the east, though there is more constraint to the east.
Improvements would be made as redevelopment occurs, or potentially as capital funding exists.
Mayor Troxell stated he does not see a resolution for the amount of traffic through the
intersection to get the kind of improvements needed for safety, congestion relief and
infrastructure improvements; therefore, he supported moving ahead with the ordinance.
Councilmember Martinez asked about the existing level of service for the intersection. Joe
Olson, City Traffic Engineer, replied the overall intersection is currently at level of service D,
which meets the City's standards; however, there are different movements at the intersection
performing at levels E and F during peak hours.
Mayor Pro Tem Horak asked if the southern option maintains the same level of service and
congestion as the preferred option. Olson replied it would be essentially the same in terms of
level of service.
Mayor Pro Tem Horak noted the main difference between the preferred option and southern
options involve sidewalks and suggested accident data does not show a significant difference
between the two, particularly given there is no planned connection to the east. He expressed
support for the southern option and stated he would not support the ordinance as written.
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City of Fort Collins Page 471
Councilmember Campana stated the southern design would involve approximately $1.3 million
in additional cost, less safe pedestrian and bicycle connections on the north, and a reduction in
standards for the medians. Additionally, a new group of property owners will be affected.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to postpone
consideration of Ordinance No. 073, 2016 indefinitely.
Councilmember Cunniff stated there is no data to support increased safety with wider sidewalks
and narrower traffic lanes actually result in higher pedestrian safety due to reduced speeds. He
suggested postponement would allow Council to state its desires in an alternative plan.
Councilmember Stephens asked if narrower lanes negatively affect congestion relief. Klingner
replied in the affirmative noting staff has determined eleven feet to be as narrow as staff is
willing to go, given the level of congestion.
Councilmember Overbeck stated this is more about quality of life and real impacts to the
neighborhood.
Councilmember Campana noted there are more negative impacts on the neighborhood with
congestion as it exists today.
Councilmember Stephens asked what would occur to the intersection if this ordinance is
postponed. Richter replied the work to the west of the intersection would likely still occur, given
the development is already underway, though it would likely involve an interim condition until a
design for the east side is confirmed. Another option would be to request that the development
on the northwest corner not complete the improvements at this point.
Councilmember Stephens asked if any other plan seems feasible to staff as stalling this
improvement does not seem to be the right option. Klingner replied his team has worked hard to
find another solution that does not impact the wall at 1535 Remington while alleviating
congestion and air quality concerns and they do not believe there is another option.
Councilmember Campana noted eminent domain has already been authorized for the commercial
properties, as has funding for the intersection improvements; therefore, the intersection could
essentially be completed.
Mayor Pro Tem Horak stated Council only has the option to approve, deny, or postpone this
particular option with this action. This alternative only completes 3/4 of the intersection wherein
the southern option may provide the opportunity to fully complete it. He expressed support for
two left turn lanes.
Mayor Troxell discussed the benefits of this option, including congestion relief, improved safety,
upgraded infrastructure, and bike and pedestrian improvements. He stated he would oppose
postponement of the project at this point.
The vote on the motion to postpone was as follows: Yeas: Horak, Cunniff and Overbeck. Nays:
Troxell, Stephens, Campana and Martinez.
THE MOTION FAILED.
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City of Fort Collins Page 472
Councilmember Campana made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 073, 2016, on First Reading.
Councilmember Campana stated he will continue to keep an open mind and meet with staff prior
to Second Reading.
Councilmember Cunniff stated he would not support the motion and suggested tweaks could be
made to further mediate the situation.
Councilmember Overbeck reiterated his concerns regarding quality of life noting Mr. Harper
works from home and his young child naps at home; both issues need to be mitigated. He
discussed the importance of testing for noise and vibration before construction begins and the
loss of the tree will need to be mitigated. The Miller's quality of life need to be taken in to
account and mitigated.
Councilmember Stephens stated she would be open to any tweaks that could be made to further
mediate the situation; however, she agreed with Councilmember Campana that her constituents
would not support the additional funds needed for the alternative plan.
Councilmember Martinez stated the quality of life for drivers and the entire community needs to
also be considered.
Mayor Pro Tem Horak stated the preferred alternative, while providing significant congestion
relief, does not provide any significant change for pedestrians or bicycles. Looking at the
increase in cost over 20 or 30 years, it becomes minimal. Additionally, there is no plan moving
eastward and there is no significant difference between the two plans in terms of congestion
relief.
Mayor Troxell discussed the City's history in avoiding the use of eminent domain and expressed
support for the motion and project as presented.
Councilmember Overbeck opposed the motion and suggested taking the time to get the design
right would not be a detriment to the community.
Councilmember Martinez noted this is the right solution given the intersection is failing at times
and will continue to do so without improvement.
Councilmember Campana asked if a budget offer has been proposed for improvements to
Prospect moving east. Kadrich replied there is an enhanced travel corridor offer prepared,
though it may not be one of the highest priorities. The offer presents a 12-18 month timeframe;
however, there is an offer for an update of City Plan and should that move forward, the enhanced
travel corridor offers would likely be withdrawn.
City Manager Atteberry noted the update of City Plan was postponed a year and discussed the
importance of a ten-year update.
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City of Fort Collins Page 473
RESULT: ORDINANCE NO. 073, 2016, ADOPTED ON FIRST READING [5 TO 2]
MOVER: Gino Campana, District 3
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
18. Alternate Review of the April 7, 2016, Planning and Zoning Board Decision Approving the
Major Amendment to the Centre For Advanced Technology 22nd Filing, Community
Horticulture Center #MJA 150006 Pertaining to the Gardens on Spring Creek and First
Reading of Ordinance No. 074, 2016, Modifying the April 7, 2016, Planning and Zoning Board
Decision Approving the Major Amendment to The Centre For Advanced Technology 22nd
Filing, Community Horticulture Center #MJA 150006 Pertaining To The Gardens On Spring
Creek With Conditions. (Adopted on First Reading)
The purpose of this item is to review the April 7 Planning & Zoning Board decision regarding the
Gardens on Spring Creek amended Master Plan, formally known as the Major Amendment to the
Centre for Advanced Technology 22nd Filing, Community Horticulture Center. The Board approved
the Gardens amended master plan on the condition that: (1) the general standards related to time
limitations, sound monitoring, and security and safety requirements set forth in attachment 3 (to the
Board packet) be included in the notes set forth on the site plan; and (2) that the 14 foot high western
sound mitigation wall be removed from the project.
Under Section 2.2.12 of the Land Use Code, the Planning & Zoning Board decision on this City
project is not subject to appeal. Instead, Section 2.2.12(B) provides for an “Alternate Review” by
Council as requested by a City Councilmember within the 14 days following the Board’s
decision. The Alternate Review permits the Council to review the Board’s decision on the City’s
amended master plan as an exercise of its legislative power over a City development project and,
after conducting a hearing, to adopt an ordinance overturning or modifying the Board’s decision if
Council so desires in its sole discretion.
Cameron Gloss, Planning Manager, stated this is item is an alternate review of the Planning and
Zoning Board’s approval of the Gardens on Spring Creek Major Amendment. Gloss noted a
gazebo and bandstand area for music events accommodating up to 350 people were part of the
original Gardens on Spring Creek Master Plan. The 2001 approval of the Master Plan did not
involve any specific sound mitigation plan or identify any limits to the sound. This revised plan
expands the scope of the music facility and develops a Great Lawn which would accommodate
music events of up to 1,500. Noise, parking, trespassing, loitering, camping, non-ticketed and
private events, and the enforcement of the approved design elements of the plan have been
identified as major neighborhood concerns. Four sound mitigation walls were planned and a 5th
west wall has now been added; however, the Planning and Zoning Board approved the plan with
the condition that the west sound wall be eliminated from the application. Gloss detailed the
plans for the sound walls and plantings and discussed flood plain issues and stormwater
mitigation.
City Attorney Daggett stated this item represents the first alternate review of a City development
review project. This will allow Council to consider the item without an appeal during which
Council is required to act in a quasi-judicial manner.
Bob Poncelow stated the installation of the west wall violates the Land Use Code and requested
Council uphold the Planning and Zoning Board's decision stating the neighborhood would rather
deal with noise violations.
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City of Fort Collins Page 474
Eric Sutherland stated this process is perplexing and suggested the neighborhood residents will
have no legal standing should the conditions of approval be violated to force the City to observe
them.
Allison Marshall expressed disappointment with this process stating there was no notification of
this meeting provided. She stated neighbors oppose the west sound wall and the expansion of
the venue given there will only be eight concerts a year.
Randy Morgan, Friends of the Gardens on Spring Creek President, supported the project as being
a beautiful addition to the community and neighborhood.
Patrick Keys stated he walks by the gardens daily and expressed concern that nothing more than
the 100-year floodplain has been considered. He opposed the entire process stating the majority
of citizens polled oppose the project.
Dulcie Willis, Friends of the Gardens on Spring Creek, supported the project with the inclusion
of the west sound wall and discussed the many local arts organizations which are also in support
of the project.
Barbara Albert stated she supports the Gardens as a whole and suggested some type of buffer
between her property and the Great Lawn but does not support the wall. She argued this project
does not fit the space.
Jeff Cullers, Friends of the Gardens on Spring Creek, supported the project, stating the wall was
a result of accommodating neighborhood concerns.
Ed Peyronnin stated the Gardens is not a suitable place for this project, opposed the construction
of the west sound wall, and requested adherence to the sound ordinance.
Councilmember Cunniff noted the City is the applicant in this case and requested future
adjustment of language to indicate that fact. He also suggested the AIS language be adjusted so
as not to make it appear Council has no choices. He asked if the term "ponded area" is a FEMA
term. Heidi Hansen, Stormwater Floodplain Engineer, replied the "ponded area" references the
area behind Centre Avenue which is dedicated as flood storage, and this area of the Gardens is in
that pond. FEMA maps the area as floodway even though it does not meet the typical floodway
definition, because it was to be regulated under the City's floodway regulations so as to ensure
nothing was decreasing the storage volume for the 100-year flood event.
Councilmember Cunniff asked if the storage level was assessed at a higher level than the 100-
year. Hansen replied in the negative, stating the City has higher regulatory standards so all of the
structures are to the flood protection elevation. The Poudre is the only drainageway with a 500-
year floodplain map at this time.
Councilmember Cunniff asked if operational parameters on materials that might be able to float
and become obstructions downstream exist. Hansen replied in the affirmative stating everything
that is not at least a foot above the base flood elevation must be anchored via an engineered
design.
Councilmember Cunniff asked if it is accurate to state that some of the sound levels at the
property boundaries are dictated by the needs of the sound control board. Ben Bridgewater, D.L.
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City of Fort Collins Page 475
Adams Associates, stated the baseline level is measured at the mix position but only used as a
reference to dictate the overall level in the audience level. Moving the mix position would not
change the overall level that needs to be achieved in the audience level, but would only change
the operational standard of how loud the mix position could be.
Councilmember Cunniff asked if the neighborhood notification included the form of the
ordinance presented to Council. City Clerk Winkelmann replied she emailed the stakeholders
with information as to the time and date of the meeting and where the agenda materials could be
found.
Councilmember Cunniff asked if there was a specific reference to the fact that Council would be
considering the possibility of overturning the Planning and Zoning Board's condition of
approval. City Clerk Winkelmann replied the only references were in the agenda materials.
Councilmember Overbeck asked if the sound walls are used for blocking or absorbing sound.
Craig Russell, landscape architect, replied the walls function both ways, the mass blocks sound
and the material on the face of the walls is sound absorbing, which prevents reflection back into
the audience. The sound absorbing material is applied to the interior walls around the stage,
which is where the reflecting parameters are most important. The west perimeter wall mentioned
this evening is a blocking wall intended to block sounds to the neighbors.
Councilmember Overbeck asked if the perimeter wall could be constructed of plexiglass or some
other material which would not block views. Russell replied the overall philosophy for
designing these walls involves sensitivity from both exterior and interior perspectives. The
approach on the perimeter west wall involves a hedge row of conifers, most of which will be
over 14 feet in height with the wall being placed within that hedge row. A plexiglass wall would
go against the intent of what is attempting to be created with the conifers.
Councilmember Overbeck asked if there is a similar facility using these types of sound
mitigation. Mr. Brightwater replied the closest example is at the Denver Botanic Gardens, which
has similar operational standards and exists within a neighborhood.
Councilmember Cunniff asked if the audio modeling includes crowd noise. Mr. Brightwater
replied crowd noise is assumed.
Councilmember Cunniff asked about sound reflections from The Grove building. Mr.
Brightwater replied the audio modeling includes reflections from all surrounding buildings.
Councilmember Cunniff asked if artists will be bringing in their own audio systems. Michelle
Provaznik, Gardens on Spring Creek Manager, replied the Lincoln Center will be involved in the
programming aspects with the intent of renting equipment per show.
Mr. Brightwater noted a noise monitoring system with meters permanently monitoring the noise
at the property line will be included in the design. It will automatically provide immediate
feedback to the sound operators.
Councilmember Martinez requested a rendering of the wall and asked about Mr. Brightwater's
credentials. Mr. Brightwater replied he is a senior consultant at D.L Adams Associates and has a
Bachelor's Degree in acoustics and Master's Degree in architectural acoustics. Gloss showed a
rendering of the detail of the wall design.
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Councilmember Martinez requested the measurement from the wall to the nearest house. Gloss
replied it is over 120 feet.
Councilmember Campana asked about comments made that changes would only occur through a
major amendment process at the Planning and Zoning Board level. Gloss replied there was
significant discussion at the end of the Planning and Zoning Board meeting regarding how an
amendment would occur and, if the wall situation were to change, a major amendment would be
triggered because of the change in character. Because this alternate review process is new, there
was not necessarily an expectation or understanding from audience members that Council would
be reviewing the application. City Attorney Daggett stated there was discussion regarding what
would occur if the project moved forward without the wall and the City opted to apply for a
change to the plan to include the wall in the future.
Councilmember Campana asked about the west wall being in violation of the Land Use Code,
which is why the Planning and Zoning Board opted to not include it. Gloss replied he did not
recall that was a considerable part of the discussion.
Councilmember Campana commented that the City's stormwater practices are admired
nationwide.
Gloss stated the wall would require a building permit as it is considered a structure; therefore, it
is not compliant with the fence standard. The Planning and Zoning Board had a number of
discussions regarding general compatibility standards which involved the wall.
Councilmember Campana asked why the venue is restricted to eight events per year.
Councilmember Cunniff suggested sticking to the eight events, if the project is approved, and
allowing future Councils to address the topic.
Councilmember Campana suggested a review and evaluation after one year being included in the
ordinance.
Mayor Troxell asked why the western wall may be reinstated given neighborhood opposition.
Councilmember Campana replied there is concern as to whether or not sound standards can be
met without the wall in place.
Councilmember Campana suggested approving the ordinance with the sound wall included with
the direction that it not be installed up front.
Councilmember Cunniff requested input from Ms. Albert. Ms. Albert reiterated her belief that
the City cannot approve a project which, by design, will not meet the sound ordinance. She
stated the neighbors' preference is that the sound barriers be closer to the sound source rather
than at the property line.
Councilmember Cunniff asked if moving the sound mitigation closer to the stage is a possibility.
Mr. Russell replied the current model is based on compliance with the 55 dba level at the corner
property line of the HOA. A number of different alternatives were analyzed and the alternative
to the wall involves rotating the stage to the west and extending and enlarging the wall to wrap
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City of Fort Collins Page 477
around the southern portion of the stage. The rotation of the stage involves a decreased audience
experience due to sunsets.
Councilmember Cunniff expressed concern regarding preferring the desires of donors over other
issues does not seem to be the correct trade off. He suggested upholding the Planning and
Zoning Board's decision and encouraged future discussions regarding mitigation.
Councilmember Campana suggested adopting the ordinance to allow the sound wall but not
require it.
Councilmember Stephens supported Councilmember Cunniff's comments.
Councilmember Campana made a motion to adopt Ordinance No. 074, 2016, on First Reading
with two changes: (1) to allow but not require the western sound wall and approve its
construction as part of the project and (2) to provide for a one year review of the venue
performance and function as well as the number of performances allowed.
City Attorney Daggett suggested language directing staff to continue to reevaluate the
reinstatement of the western sound wall and to allow for future approval of construction as part
of the project upon approval of the addition of said wall by a Council resolution.
Councilmember Cunniff stated he would second the motion if the phrase “addition of said wall”
was replaced with “approval of project modifications by Council resolution.”
Councilmember Campana suggested the use of the phrase “sound mitigation walls” rather than
“western wall.” He commended the project but stated the City should not approve and develop a
project that won't meet its own sound ordinance.
Councilmember Campana accepted the language change and Councilmember Cunniff seconded
the motion.
Mayor Pro Tem Horak argued the new language does not really have any effect.
Councilmember Cunniff stated he would support the motion given the language changes;
however, he expressed concern the neighbors do not feel adequately consulted and expressed
concern regarding the perception that the donors' money and schedule carry more weight than do
neighborhood concerns.
Mayor Pro Tem Horak noted these noise and operational standards are much higher than any
throughout the city.
City Attorney Daggett read the new ordinance language.
RESULT: ORDNANCE NO. 074, 2016, ADOPTED [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
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City of Fort Collins Page 478
MOTION TO CONTINUE PAST 10:30 PM
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to extend the
meeting past 10:30 PM in order to consider remaining agenda items with the knowledge that
they will not all likely be completed.
Mayor Pro Tem Horak suggested Council move forward with consideration of the two citizen-
pulled Consent items and forego discussion of Item No. 21, Second Reading of Ordinance No.
055, 2016, Amending the City of Fort Collins District-Precinct Map.
RESULT: APPROVED [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
NAYS: Martinez
20. Second Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-
Precinct Map. (Postponed to June 7, 2016)
This Ordinance, adopted on First Reading on May 3, 2016, by a vote of 6-1 (Nays: Overbeck)
amends the City of Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the
County precinct boundaries, which were amended in May 2015; and (2) adjust Council district
boundaries to achieve a required population deviation between the most populous district and the
least populous district. The district boundaries were last adjusted in August 2012.
Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to postpone
consideration of the Second Reading Ordinance No. 055, 2016 to June 7, 2016.
RESULT: ORDINANCE NO. 055, 2016, POSTPONED TO JUNE 7, 2016 [UNANIMOUS]
MOVER: Bob Overbeck, Gerry Horak
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
21. Second Reading of Ordinance No. 058, 2016, Amending the Code of the City of Fort Collins
to Clarify On-Bill Utility Financing Terms. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on May 3, 2016, clarifies the interest rate
language in relevant Utilities rate ordinances for the Home Efficiency Loan Program (HELP). Loan
interest rates would be set at 4.0% starting on June 1, 2016. A 4% interest rate is within the range
approved by Council for the program in January 2015 and remains the Chief Financial Officer’s
recommendation. The interest rate revision was reviewed by the Council Finance Committee, who
recommended moving forward with this proposed change. Staff also plans to return to Council in the
third quarter of 2016 with options and recommendations for the program, including a transition to
third party capital.
Eric Sutherland expressed concern regarding an equal protection flaw in depriving people access
to the program. He questioned why access to the program is limited to citizens with a 640 or
better FICO score and opposed raising the interest rate for an on-bill financing program.
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City of Fort Collins Page 479
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 058, 2016, on Second Reading.
Mayor Pro Tem Horak requested staff response to Mr. Sutherland's concerns. John Phelan,
Utilities Resource Conservation Manager, replied the original intent for this particular program
was to create a mechanism for financing small energy efficiency loans in the existing residential
market. As the program looks to expand in the future and receive outside capital beyond what
Utilities can fund through reserve funds, raising the interest rate incrementally toward a more
market rate is an important component.
Councilmember Cunniff noted the intent of raising the rates was to allow for third party
financing and therefore greater leverage of the City's funds which would then potentially allow
the money to be used for direct subsidies for energy improvements for lower income residents.
Councilmember Overbeck asked about the minimum credit score accepted. Phelan replied it is
640.
Councilmember Overbeck asked if that number could be decreased in the future. Phelan replied
it could be examined.
Councilmember Stephens asked if the 640 number is likely to stay the same if third party
financing is involved. Phelan replied the request for proposals from third party capital providers
was issued on Monday afternoon and that is one variable which will be considered as part of the
process.
Councilmember Stephens expressed concern the properties with the most need are not
necessarily being met given people with lower income levels and potentially lower credit scores
are in homes that could use energy efficiency improvements the most.
RESULT: ORDINANCE NO. 058, 2016, ADOPTED ON SECOND READING [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
AWAY: Campana
22. Items Relating to the Completion of the 2016 Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG)
Program, Federal HOME Investment Partnerships (HOME) Program the City’s Affordable
Housing Fund (AHF) and the City’s Human Services Program (HSP). (Adopted)
A. Public Hearing and Resolution 2016-040, Approving the Programs and Projects that Will
Receive Funds from the Federal Community Development Block Grant Program, the HOME
Investment Partnerships Program, and the City’s Affordable Housing Fund and Human Services
Program.
B. First Reading of Ordinance No. 062, 2016, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund.
C. First Reading of Ordinance No. 063, 2016, Appropriating Unanticipated Revenue in the HOME
Investments Partnerships Fund.
May 17, 2016
City of Fort Collins Page 480
The purpose of this item is to approve funding recommendations of the 2016 spring cycle of the
Competitive Process and appropriate federal dollars. Resolution 2016-040 completes the 2016
spring cycle of the Competitive Process for allocating $2,670,034 in City financial resources to
affordable housing projects, public service programs and administration of the programs. Ordinance
No. 062, 2016 appropriates the City’s FY2016 CDBG Entitlement Grant from the Department of
Housing and Urban Development (HUD), and CDBG unprogrammed funds and Program Income
from FY2015 and FY2014. Ordinance No. 063, 2016, appropriates the City’s FY2016 HOME
Participating Jurisdiction (PJ) Grant from HUD and HOME Program Income from FY 2015 and FY
2014.
Mayor Troxell opened the public hearing for this item.
Eric Sutherland stated he intended to pull the item relating to Fort Fund disbursements.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt
Resolution 2016-040.
Mayor Pro Tem Horak thanked staff for work on the competitive process noting positive
comments from the public are indicative of the success and fairness of the process.
Councilmember Stephens thanked the CDBG Commission and staff for their work.
RESULT: RESOLUTION 22016-040, ADOPTED [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
AWAY: Campana
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 062, 2016, on First Reading.
RESULT: ORDINANCE NO. 062, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Councilmember Stephens made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 063, 2016, on First Reading.
RESULT: ORDINANCE NO. 063, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Troxell closed the public hearing on this item.
May 17, 2016
City of Fort Collins Page 481
OTHER BUSINESS
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn to
6:00 PM on Tuesday, May 24, 2016 so that Council may consider going into executive session to
conduct the mid-year performance review of the City Manager, City Attorney and Municipal
Judge.
ADJOURNMENT
The meeting adjourned at 11:30 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 482
May 24, 2016
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff present: Atteberry, Daggett, Jensen
1. Executive Session Authorized.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to go into executive session,
as permitted under Section 2-31(a)(1) of the City Code and Colorado Revised Statutes Section 24-6-
402(4)(f)(I), for the purpose of conducting mid-year performance reviews of the City manager, City
Attorney and Municipal Judge.
RESULT: APPROVED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 8:45 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk