HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 04/21/2015 - COMPLETE AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Gino Campana, District 3
Kristin Stephens, District 4 Cablecast on City Cable Channel 14
Ross Cunniff, District 5 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Nelson
City Attorney City Manager City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
Regular Meeting
April 21, 2015
(Revised 4/20/15)
Proclamations and Presentations
5:30 p.m.
Proclamation Declaring April as Local Music Appreciation Month.
Proclamation Declaring April 21, 2015 as Arbor Day.
Proclamation Declaring April 2015 as Fair Housing Month.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
OATH OF OFFICE - District 6 Councilmember
City of Fort Collins Page 2
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the
Consent Calendar. Anyone may request an item on this calendar be “pulled” off the
Consent Calendar and considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion
Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion
Items.
CITIZEN PARTICIPATION
Individuals may comment regarding items scheduled on the Consent Calendar and items not
specifically scheduled on the agenda. Comments regarding land use projects for which a development
application has been filed should be submitted in the development review process** and not to the
Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will buzz once and the timer light will turn yellow to indicate that 30 seconds of
speaking time remain, and will buzz again and turn red when a speaker’s time to speak has
ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the
important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone
may request an item on this calendar to be "pulled" off the Consent Calendar and considered
separately. Agenda items pulled from the Consent Calendar will be considered separately under
Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with
one vote. The Consent Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
City of Fort Collins Page 3
1. Consideration and Approval of the Minutes of the March 3 and March 17, 2015 Regular Council
Meetings and the February 27 and March 24, 2015 Adjourned Council Meetings.
The purpose of this item is to approve the minutes of the March 3 and March 17, 2015 Regular
Council meetings and the February 27 and March 24, 2015 Adjourned Council meetings.
2. Second Reading of Ordinance No. 041, 2015, Appropriating Reserves in the Wastewater Fund for
the Replacement of Two Damaged Trucks.
This Ordinance, unanimously adopted on First Reading on March 17, 2015, appropriates $272,794
in Reserves in the Wastewater Fund to replace two damaged trucks. In 2014, $222,794 in
unanticipated revenue was received from the Risk Management Fund and from insurance proceeds
to compensate the Wastewater Utility for two trucks that were totaled in separate accidents. The
$222,794 in unanticipated revenue contributed to increased Wastewater Reserves at year-end 2014
in this same amount. Due to the cost of replacing one of the trucks, an additional $50,000 is to be
appropriated from the Wastewater Utility Capital Outlay Reserve which is reserved for equipment
purchases. The Capital Outlay Reserve currently totals $657,300. The 2015 supplemental
appropriation will be used to replace both trucks.
3. Second Reading of Ordinance No. 042, 2015, Amending Chapter 26 of the Code of the City of Fort
Collins to Clarify the Conditions Under Which a Development May Defer Stormwater and Drainage
Facility Requirements to Obtain a Certificate of Occupancy by Providing Certain Escrows as
Assurance of Completion.
This Ordinance, unanimously adopted on First Reading on March 17, 2015, amends Chapter 26 of
City Code, which provides developers an option for obtaining a certificate of occupancy prior to
completion of installation, certification, and acceptance of stormwater and drainage facilities. This
amendment provides clarification as to when this is allowable, initiates a non-refundable fee for
processing and tracking the escrow, and timelines for completion of the work associated with the
escrow.
4. Second Reading of Ordinance No. 043, 2015, Authorizing the Acquisition by Eminent Domain of
Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road
and Timberline Road Intersection Improvements Project.
This Ordinance, unanimously adopted on First Reading on March 17, 2015, authorizes the use of
eminent domain, if deemed necessary, to acquire property interests needed to construct
improvements at the Prospect Road and Timberline Road intersection. The Prospect Road and
Timberline Road Intersection Improvements will construct safety and congestion mitigation
improvements at the intersection, and on Timberline Road from Prospect Road south to Blackbird
Drive. The project is planned to begin construction in the spring of 2016 and be completed by the fall
of 2016. To construct these improvements, the City will need to acquire certain property interests
adjacent to the project area. The acquisitions include right-of-way, permanent easements, and
temporary easements from four property owners. Timely acquisition of the property is necessary to
meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the
affected owners and is optimistic that all property negotiations can be completed prior to the start of
the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the
Project only if such action is deemed necessary.
5. First Reading of Ordinance No. 044, 2015, Reappropriating Funds Previously Appropriated in 2014
But Not Expended and Not Encumbered in 2014.
The purpose of this item is to reappropriate 2014 appropriations approved by City Council that
lapsed at the end of 2014. The authorized expenditures were not spent and could not be
encumbered in 2014 because:
there was not sufficient time to complete bidding in 2014 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies
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the project for which the dollars were originally appropriated by Council could not be completed
during 2014 and reappropriation of those dollars is necessary for completion of the project in
2015
to carry on programs, services, and facility improvements in 2015 with unspent dollars previously
appropriated in 2014
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2014 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
General Fund $ 1,197,690
Golf Fund 40,000
Keep Fort Collins Great Fund 771,519
Light & Power Fund 18,000
Transportation Fund 28,000
$ 2,055,209
6. First Reading of Ordinance No. 053, 2015, Extending the Terms of a Non-Exclusive Franchise by
the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for
the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the
Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and
Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable
Services to Citizens Within the City.
The purpose of this item is to request a second extension of the current Cable Franchise Agreement
between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of
45 days. The current, extended agreement expires June 14, 2015. City staff and Comcast
representatives have reached mutual agreement on the final elements of the new agreement. The
additional 45 days will allow for more time for public input prior to the consideration of the new
agreement by Council. The proposed extension will maintain the terms and conditions of the existing
Franchise for the duration of the extension.
7. First Reading of Ordinance No. 048, 2015, Authorizing the Conveyance of City Property to Walnut
Street 354, LLC.
The purpose of this item is to convey approximately 3,800 square feet of City property to Walnut
Street 354, LLC for utilization in the development of a downtown hotel and convention center at 354
Walnut Street, the former location of the Armadillo Restaurant. The property will be purchased by
the developer at fair market value, as determined by the City. Additionally, the conveyance will be
subject to a public access and utility easement reservation which allows the subject property to
continue to be utilized for these purposes, just as it is today.
8. First Reading of Ordinance No. 049, 2015, Designating the Holmes/Manges Property, 1202 LaPorte
Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of
the City of Fort Collins.
The owner of this property, Sharon Manges, is initiating this request for Fort Collins Landmark
designation of the Holmes/Manges Property, 1202 Laporte Avenue. Built in 1905-06 by J. B. Kuhn,
the red brick residence is a nice example of early twentieth century Classic Cottage architecture. The
historic wood frame garage, with narrow horizontal drop siding, contributes to the architectural
significance of the property.
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9. First Reading of Ordinance No. 050, 2015, Designating the Longyear Property, 719 Remington
Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
The purpose of this item is to designated the Longyear Property, 719 Remington Street, as a Fort
Collins Landmark. The property is eligible for Landmark recognition for its significance under
Landmark Standard C, Design/Construction. The dwelling has great architectural merit as a well
preserved representation of early twentieth century Victorian-era vernacular architecture. The locally
rare two-bay garage contains a very unusual Mission style parapet façade. The Longyear Property
has additional significance under Landmark Standard B, for its association with Colorado Agricultural
College professor Burton O. Longyear, who contributed substantially to the fields of forestry and
horticulture.
10. Resolution 2015-043 Determining That a Single-Lane, Modern Roundabout is the Preferred
Alternative for the Intersection of Lincoln Avenue and the North-South Extension of “International
Boulevard.”
The purpose of this item is to approve a single-lane, modern roundabout intersection at Lincoln
Avenue and the north-south extension of International Boulevard. The adopted Master Street Plan
anticipates a new arterial-arterial intersection between Lincoln Avenue east of Lemay Avenue and a
north-south extension of ‘International Boulevard’. In accordance with Resolution 2001-120, an
Alternatives Analysis was completed for this intersection. The conclusions of the Alternatives
Analysis show that a single-lane, modern roundabout is the preferred alternative for this intersection.
This project is not a part of, or within, the boundaries of the recently approved Lincoln Corridor
Improvement Project.
11. Resolution 2015-044 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County for the Construction and Maintenance of the North Shields Street Trailhead Parking
Lot and Trails.
The purpose of this item is to approve an intergovernmental agreement (IGA) with Larimer County
which defines the cost sharing of the construction and maintenance of a trailhead parking lot and
trails as part of Larimer County’s North Shields Street and Bridge project. Natural Areas staff has
been working for the last several years with Larimer County and Park Planning to partner on an effort
to include a trail head parking lot as part of the County’s North Shields Street bridge replacement
and street widening project. In particular Natural Areas and Park Planning are working with the
County to provide better and safer access to the Poudre River, Poudre Trail and adjoining natural
areas for hiking, biking, tubing and fishing. Staff has prepared an IGA that outlines the cost sharing
and maintenance responsibilities between Larimer County and the City’s Natural Areas Department
and Park Planning Department.
12. Resolution 2015-045 Approving the Acceptance of the Proposed Donation of a Sculpture to be
Placed at Edora Pool Ice Center.
This Resolution accepts the donation of a bronze sculpture representing a swimmer, donated by the
Thornton Family Foundation through the Fort Collins Area Swim Team (FAST). This sculpture will
become part of the City’s Art in Public Places collection and placed at the Edora Pool Ice Center (EPIC).
13. Resolution 2015-046 Approving the Acceptance of the Proposed Donation of a bronze sculpture to
be placed at The Gardens on Spring Creek.
This Resolution accepts the donation of a bronze sculpture from Bernice Penney and Family that was
selected and is currently on display in The Gardens on Spring Creek ARTiculture Exhibit. This sculpture
will become part of the City’s Art in Public Places collection.
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14. Resolution 2015-047 Making an Appointment to the Commission on Disability.
The purpose of this item is to appoint Sherri Reichow to the Commission on Disability to fulfill the
remaining term of resigning Commissioner Jeff Coons.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS
A. Streets ISO Certification.
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be
made by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (five minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
15. First Reading of Ordinance No. 051, 2015, Amending the Land Use Code with Regard to City
Development Projects. (staff: Laurie Kadrich; 10 minute staff presentation; 20 minute discussion)
THIS ITEM HAS BEEN WITDRAWN FROM CONSIDERATION
The purpose of this item is to consider amending the Land Use Code to require any development
review project in which the City is an applicant to be reviewed by the Planning and Zoning Board (P
& Z) and eliminates formal appeals to the City Council, while allowing a Council override of a P & Z
decision.
City of Fort Collins Page 7
16. First Reading of Ordinance No. 052, 2015, Amending Chapter 26 of the Code of the City of Fort
Collins to Allow for the Waiver of Certain Requirements for a Temporary Connection to the Water
System as an Irrigation Source for the Establishment of Native Vegetation on Certain Projects.
(staff: Jon Haukaas; 10 minute staff presentation; 20 minute discussion)
The purpose of this item is to allow the Utilities Executive Director the option to waive the water plant
investment fee (WPIF) for projects that only require irrigation for the establishment of native
vegetation during the first three years of growth. The City has actively pursued native vegetation for
greenspaces and landscaping as a means to reduce long term demand and improve the
sustainability of water availability in our region. Successful establishment of such vegetation typically
requires irrigation in its first two to three years. After establishment, it can be successful with only
the limited natural precipitation of the area. City Code requires that all connections to the water utility
pay a WPIF. With this change, the Utilities Executive Director may waive the WPIF for projects that
only require irrigation for the establishment of native vegetation during these first three years of
growth. All charges for water use would be due by the requesting agency as well as the costs to
disconnect at the end of that period. After further discussion, this item was modified to apply to any
project meeting these goals.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
ADJOURNMENT
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending
at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting
which have not yet been considered by the Council, will be continued to the next regular Council
meeting and will be placed first on the discussion agenda for such meeting.
PROCLAMATION
WHEREAS, music is an important element in the creative fabric that envelops Fort
Collins; and
WHEREAS, local musicians work hard to provide entertainment for people from all
walks of life, and helps to bring about a better quality of life in those who experience it; and
WHEREAS, musicians help stimulate the local economy by bringing citizens out of their
homes and into the community where they enjoy the arts in relaxed settings and spend money at
local establishments; and
WHEREAS, more and more musicians in Northern Colorado are gaining national
recognition for the music that they have created here, and have inspired musicians from many
other parts of the world to come to Fort Collins to experience what makes this city so special;
and
WHEREAS, local music brings our community together to celebrate creativity and
diversity.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
declare my appreciation to the musicians and music lovers in this city and proclaim April 2015
as
LOCAL MUSIC APPRECIATION MONTH
and I urge all citizens to join me in recognizing the great contributions made by local musicians
to help make Fort Collins and important cultural center.
IN WITNESS WHEREOF, I have set my hand and the seal of the City of Fort Collins
this 21st day of April, A.D. 2015.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, in 1872 more than a million trees were planted in Nebraska to celebrate the
first Arbor Day, which is now observed throughout the nation and the world; and
WHEREAS, trees in our city increase property values, enhance the economic vitality of
business areas, beautify our community, help conserve energy use by shading and cooling
buildings and pavement, as well as provide many other benefits to our environment; and
WHEREAS, Fort Collins has been recognized as a Tree City USA by the National Arbor
Day Foundation for 37 years; and
WHEREAS, the City wishes to recognize Linton Elementary School, which has been
selected as the Arbor Day School site for this year’s tree planting ceremony held on April 17;
and
WHEREAS, the City also wishes to recognize the Platte River Power Authority for
maintaining a strong commitment to the environment when planning new sources of electricity
whether through wind power, hydroelectricity, or planting trees; and
WHEREAS, the Platte River Power Authority focuses on the future through green-tinted
glasses and has given the City $1,750 to purchase the trees that will be planted for Arbor Day.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim April 21, 2015 as
ARBOR DAY
in Fort Collins and urge all citizens to support efforts to protect our trees and woodlands and to
support our city’s urban forestry program by planting trees for present and future generations.
We thank the Platte River Power Authority for its generous donation and Fort Collins Wholesale
Nursery for its donation and contribution to the celebration of Arbor Day.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 21st day of April, A.D. 2015.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, Title VIII of the Civil Rights Act, which guarantees fair housing for all
residents of the United States, was signed into law in April 1968; and
WHEREAS, the month of April is nationally recognized as Fair Housing Month and a
time to reflect on and reaffirm our national commitment to the ideal that fair housing opportunity
is available to everyone in the United States without regard to race, color, religion, national
origin, sex, familial status and disability; and
WHEREAS, this year’s theme, “Fair Housing is Your Right, Use It!”, celebrates the
46th anniversary of the Fair Housing Act, and reflects that our current efforts are helping to
foster sustainable, inclusive communities of opportunity for future generations; and
WHEREAS, the State of Colorado passed its own Fair Housing Act in 1959, and
provided additional fair housing protections for creed, ancestry, sexual orientation, and marital
status; and
WHEREAS, the City of Fort Collins City Code prohibits discriminatory housing
practices; and
WHEREAS, the City welcomes this opportunity to acknowledge our many community
partners who are committed to addressing barriers to fair housing choice and educating all
citizens concerning their rights regarding equal housing opportunity; and
WHEREAS, this year, those partners are represented by the Fort Collins Housing
Authority in recognition of its leadership and dedication to promoting housing opportunity
through the provision of affordable housing and supportive services to over 5,000 Fort Collins
residents annually, and for its commitment to creating vibrant sustainable communities
throughout Fort Collins.
NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
decree that every person should live free from the fear of housing discrimination, and I declare
April 2015 as
FAIR HOUSING MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 21st day of April, A.D. 2015.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the March 3 and March 17, 2015 Regular Council Meetings and
the February 27 and March 24, 2015 Adjourned Council Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the March 3 and March 17, 2015 Regular Council
meetings and the February 27 and March 24, 2015 Adjourned Council meetings.
ATTACHMENTS
1. February 27, 2015 (PDF)
2. March 3, 2015 (PDF)
3. March 17, 2015 (PDF)
4. March 24, 2015 (PDF)
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City of Fort Collins Page 68
February 27, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 4:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
Staff present: Atteberry, Daggett, Nelson
1. Emergency Ordinance No. 040, 2015, Of the Council of the City of Fort Collins, To Repeal
Certain Provisions of City Code Section 17-127 Pertaining To Panhandling. (Adopted)
This is an emergency ordinance to repeal certain provisions to the City’s panhandling ordinance
found in City Code Section 17-127. On February 10th a class-action lawsuit was filed in federal
court against the City challenging certain provisions in that ordinance. The purpose of this
emergency ordinance is to moot, for now, much of the lawsuit, in order to give City staff and the
Council more time to review the challenged provisions, to consider any changes to them, to conduct
any needed public outreach and for staff to present to Council for future consideration an ordinance
to possibly reinstate these repealed provisions or to consider amendments to them.
City Manager Atteberry discussed the history of the City’s panhandling Ordinances and stated
the American Civil Liberties Union (ACLU) recently filed a class action lawsuit against the City
challenging the constitutionality of seven of the eleven provisions of this Code section, which
prohibits certain kinds of aggressive panhandling. The remaining four provisions are not being
challenged as part of this lawsuit. This Emergency Ordinance will repeal the seven provisions
being challenged by the ACLU and would alleviate the monetary pressure associated with this
type of litigation and allow staff and Council time to more carefully review the challenged
provisions, to conduct any needed public outreach concerning them, and to prepare and present
an ordinance to reinstate some or all of the repealed provisions with any recommended
amendments.
City Attorney Daggett noted it is not certain how the adoption of this Emergency Ordinance will
affect the next steps in the litigation.
Eric Sutherland noted there are no social services representatives from Larimer County in
attendance and discussed the need to develop these regulations harmoniously between the City
and County.
Stacy Lynne stated the Colorado Revised Statutes cover the issues in the lawsuit and expressed
concern the City's Ordinances are attempting to make the State Statutes less relevant.
Additionally, she asked why a lawsuit was required in order for the City to be made aware these
Ordinances are violating constitutional rights. She also questioned why these regulations would
be used against this vulnerable population.
Cheryl Distaso stated a panhandling Ordinance is redundant given existing harassment and
disorderly conduct regulations and encouraged the permanent repeal of the Ordinance.
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Attachment1.1: February 27, 2015 (3088 : Minutes-2/27, 3/3, 3/17, 3/24)
City of Fort Collins Page 69
Barb Wilkins expressed concern regarding the quantity of panhandlers and the length of time
they spend at any one location citing an example of an elderly man who fell while attempting to
avoid a panhandler.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Emergency Ordinance No. 040, 2015.
Councilmember Troxell requested the City Attorney address the issue of ordinances versus state
statutes. City Attorney Daggett replied City Code provisions are enforceable by the City in
Municipal Court and may overlap with state provisions. She noted that will be further analyzed
as staff examines the issue.
Councilmember Troxell requested additional information regarding collaboration with Larimer
County. Deputy Police Chief Jerry Schiager replied the City collaborates with Larimer County
social services; however, they may not see their role as being involved with City policy making.
Councilmember Campana commended Deputy Chief Schiager on his work.
Councilmember Cunniff stated he would support the Ordinance and noted the intent of the
Ordinance is to address aggressive panhandling.
Mayor Weitkunat noted only a portion of the regulations are being repealed at this point and the
most aggressive aspects will remain in effect.
RESULT: EMERGENCY ORDINANCE NO. 040, 2015 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
ADJOURNMENT
The meeting adjourned at 4:24 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Attachment1.1: February 27, 2015 (3088 : Minutes-2/27, 3/3, 3/17, 3/24)
City of Fort Collins Page 70
March 3, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ABSENT: None
Staff present: Atteberry, Daggett, Nelson
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 10, First Reading of Ordinance No. 036, 2015,
Amending Chapter 26 of the Code of the City of Fort Collins to Allow for the Waiver of Certain
Requirements for a Temporary Connection to the Water System as an Irrigation Source for the
Establishment of Native Vegetation on Certain City Projects and Item No. 18, First Reading of
Ordinance No. 038, 2015, Amending the Land Use Code with Regard to City Development
Projects are withdrawn from consideration. Additionally, the Staff Report on San Cristobal will
be moved to the March 17 agenda and comments regarding Item No. 5, Second Reading of
Ordinance No. 020, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of Fort
Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to
Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public
Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and
Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable
Services to Citizens Within the City, will be made under Staff Reports.
CITIZEN PARTICIPATION
Cheryl Distaso, Fort Collins Community Action Network and Fort Collins Homeless Coalition,
expressed concern that homeless residents are being turned away from shelters during extremely
cold weather. Additionally, she expressed concern regarding the length of time individuals are
required to wait outside shelters prior to being allowed in for the night.
Eric Sutherland expressed concern regarding the Downtown Development Authority (DDA)
budget and stated the State General Assembly never authorized school district mill levies to be
excluded from the calculation of total assessed value in the school district. The DDA is not
following state law with regard to the use of tax increment financing.
Asma Henry stated the City’s trust in Colorado State University is misplaced regarding the
stadium issue given bidding documents it created and changes in stated funding mechanisms.
Tatiana Martin, Affordable Housing Board, invited Council and other board and commission
members to the super board meeting next week during which affordable housing will be
discussed.
Cadie Berrian thanked Council for its commitment to urban agriculture and discussed the
importance of community gardens.
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Attachment1.2: March 3, 2015 (3088 : Minutes-2/27, 3/3, 3/17, 3/24)
March 3, 2015
City of Fort Collins Page 71
Glen Colton commented on data indicating Colorado will not have enough water in 2040 given
projected population growth.
Sandy Lemberg discussed a meeting Councilmember Horak held with stadium opponents and
discussed the IGA between the City and CSU. Council and the City need to more strongly
oppose the stadium in its proposed location.
Beth Mitchell opposed the stadium in its proposed location and opposed the IGA between the
City and CSU.
Clint Skutchan expressed support for the upcoming BOB 2.0 ballot measure.
Annie Marsve and daughter Scarlett supported the English Ranch community garden and
discussed the benefits of community gardens in general.
John Yule opposed the on-campus stadium and discussed the IGA between the City and CSU.
Waydene Pixler opposed the stadium in its proposed location.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Overbeck requested a staff response regarding the stadium IGA. Jeff Mihelich,
Deputy City Manager, replied a draft IGA has been prepared and noted the Planning and Zoning
Board will review the document Friday, March 6, and will provide comments to Council. An
open house regarding the IGA will be held on March 11.
Councilmember Poppaw requested a report regarding the progress on the English Ranch garden.
Deputy City Manager Mihelich stated a new location for the garden has been identified in the
park and a final decision is expected in the next 30 days.
Mayor Pro Tem Horak noted the IGA is an enforceable document and the City has no authority
over whether the stadium is built.
Councilmember Cunniff requested updates regarding nights during which homeless individuals
are turned away from shelters. Beth Sowder, Social Sustainability Director, replied Catholic
Charities could provide updates and notification regarding that information. A process is in
place to ensure all individuals needing shelter are accommodated. City Manager Atteberry also
discussed the process.
Councilmember Campana stated there is alignment in the community and among Council
regarding the process to shelter homeless individuals.
Mayor Pro Tem Horak asked about the super board meeting. City Clerk Nelson replied the
meeting is March 9 at 6:00 p.m. at the Museum of Discovery.
Councilmember Campana asked about the construction defect bill. Councilmember Cunniff
replied the Legislative Review Committee has opted to support the bill.
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Councilmember Campana discussed a listening session he held with Cameron Gloss regarding
build-out of the city.
Mayor Weitkunat discussed the use of City Plan in the city build-out.
CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the January 20 and February 3, 2017 Regular
Council Meetings and the February 10, 2015 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the January 20 and February 3, 2015
Regular Council meetings and the February 10, 2015 Adjourned Council meeting.
2. Second Reading of Ordinance No. 017, 2015, Appropriating Unanticipated Grant Revenue and
Prior Year Reserves in the Equipment Fund for Electric Vehicle Charging Stations and
Natural Gas Vehicles. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, appropriates $67,920
and $12,177 in grant funds plus the local match of $16,950 and $2,435 into the Equipment fund for
the purchase of two Natural Gas dump trucks and three Fleet vehicle charging stations.
3. Second Reading of Ordinance No. 018, 2015, Appropriating Prior Year Reserves in the
General Fund for the Purpose of Supplementing Construction Costs Associated with the
Foothills Activity Center and to Transfer Appropriations to the Cultural Services and
Facilities Fund for the Art in Public Places Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, increases 2015
appropriations in the City's General Fund by $404,000 for the purposes of supplementing
construction costs of the Foothills Activity Center to transfer appropriations to the Cultural Services
and Facilities Fund for the Art in Public Places Program. This appropriation is necessary to comply
with the Second Amendment to the Foothills Mall Redevelopment and Reimbursement Agreement
dated August, 2014 in which the City agreed to pay up to $400,000 of the estimated additional cost
to the Activity Center.
4. Second Reading of Ordinance No. 019, 2015, Amending Sections 8-106 and 8-108 of the Code
of the City of Fort Collins Pertaining to Implementation and Administration of the City’s Risk
Management Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, modifies City Code
Sections 8-106 and 8-108 so that responsibilities related to the management and administration of
the City’s risk management program are shifted from the City’s Purchasing Agent to the Financial
Officer or his or her designee.
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5. Second Reading of Ordinance No. 020, 2015, Extending the Terms of a Non-Exclusive
Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its
Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct,
Operate and Maintain Through, the Public Rights-of-Way, Easements and Other Public
Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a
Cable System and the Provision of Cable Services to Citizens Within the City. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, extends the current
Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado,
LLC (Comcast) for a period of 90 days, to June 14, 2015. The current agreement expires March 16,
2015. City staff and Comcast representatives are in the very final stages of negotiations, anticipating
mutual agreement on the final elements of the new agreement very soon. The proposed extension
will maintain the terms and conditions of the existing Franchise for the duration of the extension.
6. Second Reading of Ordinance No. 021, 2015, Authorizing the Conveyance of 93 Square Feet
of City-Owned Property to Loco Ventures LLC. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, authorizes the
conveyance of 93 square feet of City-owned property to Loco Ventures LLC in order to resolve an
encroachment that was a pre-existing condition on property that the City acquired in 2014 as part of
the North College Improvements Project - Conifer to Willox.
7. Second Reading of Ordinance No. 030, 2015, Adding Section 17-194 to the Code of the City of
Fort Collins to Prohibit the Use of Flammable Gases, Flammable Solvents, Flammable
Liquids, and/or Alcohol in the Extraction of THC or Other Cannabinoids in Locations Other
Than Licensed Medical and Retail Marijuana Manufacturing Products Facilities and Deleting
Subsection (b)(5) of Section 12-142 of the Code. (Adopted)
Ordinance No. 030, 2015, adopted unanimously on First Reading on February 17, 2015, prohibits
the use of flammable gases and liquids, carbon dioxide, and alcohol in the extraction of THC except
in a licensed facility.
8. Items Relating to the Downtown Development Authority. (Adopted)
A. First Reading of Ordinance No. 033, 2015 Appropriating Unanticipated Tax Increment Revenues
in the Fort Collins, Colorado Downtown Development Authority Fund for Expenditure on Projects
and Programs in Accordance with the Downtown Plan of Development.
B. First Reading of Ordinance No. 034, 2015, Appropriating Unanticipated Revenue from Interest
Earnings and Reappropriating Existing Project Funds for Expenditure on Projects and Programs
in Accordance with the Downtown Plan of Development.
The purpose of this item is to appropriate certain unanticipated revenues and reappropriate certain
funds previously committed for projects and programs under the Downtown Plan of Redevelopment.
Ordinance No.033, 2015, will appropriate $63,205 in unanticipated revenue for use in the Old Town
Square Renovation. This ordinance also includes the repayment of the 2015 Revolving Line of
Credit Draw #2, in the amount of $63,205 from the Downtown Development Authority Debt Service
Fund. Ordinance No. 034, 2015, will appropriate unanticipated revenue from interest earnings in
the amount of $29,220, and will also reappropriate previously committed project funds in the amount
of $438,611 for use in the Old Town Square Renovation.
9. First Reading of Ordinance No. 035, 2015, Establishing Rental Rates and Delivery Charges for
Use of the City's Raw Water for the 2015 Irrigation Season. (Adopted)
The purpose of this item is to obtain Council approval of rates and charges for the rental and delivery
of the Utilities raw water supplies. These rates are used to invoice agricultural, contractual and other
water users.
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10. First Reading of Ordinance No. 036, 2015, Amending Chapter 26 of the Code of the City of
Fort Collins to Allow for the Waiver of Certain Requirements for a Temporary Connection to
the Water System as an Irrigation Source for the Establishment of Native Vegetation on
Certain City Projects. (Withdrawn)
The purpose of this item is to allow the Utilities Executive Director the option to waive the water plant
investment fee (WPIF) for City projects that only require irrigation for the establishment of native
vegetation during the first three years of growth. The City has actively pursued native vegetation for
greenspaces and landscaping as a means to reduce long term demand and improve the
sustainability of water availability in our region. Successful establishment of such vegetation typically
requires irrigation in its first two to three years. After establishment, it can be successful with only
the limited natural precipitation of the area. City Code requires that all connections to the water utility
pay a WPIF. With this change, the Utilities Executive Director may waive the WPIF for City projects
that only require irrigation for the establishment of native vegetation during these first three years of
growth. All charges for water use would be due by the requesting agency as well as the costs to
disconnect at the end of that period.
11. Resolution 2015-027 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County, Colorado State University and the United States Department of Agriculture
for the Care and Management of Bison on Portions of Soapstone Prairie and Reservoir Ridge
Natural Areas. (Adopted)
The purpose of this item is to authorize the Mayor to execute a proposed Intergovernmental
Agreement with Colorado State University and other agencies that will allow bison to be placed on
Natural Area properties. The 2007 Soapstone Prairie Natural Area Management Plan identified
plains bison as a species for reintroduction. The City is partnering with CSU, Larimer County, and
USDA-APHIS to reintroduce bison with high genetic integrity to portions of Soapstone, Reservoir
Ridge Natural Area, and the County-owned Red Mountain Open Space through an
intergovernmental agreement that describes the funding, management, and care of the properties
and animals.
12. Resolution 2015-028 Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to adopt the recommendations of the Cultural Resources Board to
disburse Fort Fund grants to community events from the Cultural Development and Programming
and Tourism Programming Accounts.
13. Resolution 2015-029 Ratifying Appointments to the Poudre River Library District Board of
Trustees. (Adopted)
The purpose of this item is to reappoint Linda Gabel to a second term and to appoint Becki
Hartshorn to the Poudre River Library District Board of Directors to fill a vacancy that currently exists
due to the March 2015 term expiration for Cara Neth.
CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff complimented staff on Item No. 11, Resolution 2015-027 Authorizing
the Mayor to Execute an Intergovernmental Agreement with Larimer County, Colorado State
University and the United States Department of Agriculture for the Care and Management of
Bison on Portions of Soapstone Prairie and Reservoir Ridge Natural Areas.
STAFF REPORTS
City Clerk Nelson invited citizens to an open house and tour of the election processing center on
March 19.
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Deputy City Manager Mihelich reported on the memorandum of understanding (MOU) which
has been developed between the City and Martin Marietta regarding the Taft Hill asphalt plant.
He noted transparency will increase and air quality information will be reviewed periodically by
the City. Martin Marietta has agreed to cover all asphalt trucks leaving the plant, as well as
several other improvements. Mihelich thanked the Citizens Against Asphalt Toxins participants
and representatives from Martin Marietta and the City.
Councilmember Overbeck asked how the City will ensure trucks will travel as directed by the
MOU. Mihelich replied routes will be monitored and contracts will be voided should they be
violated.
Councilmember Overbeck commended Mihelich’s work on the memorandum of understanding.
Mayor Pro Tem Horak requested additional information regarding the no-idling zone and its
enforcement and monitoring. Mihelich replied that will be a part of the City's monitoring.
Mayor Pro Tem Horak commended Mihelich's work on this issue.
City Manager Atteberry discussed a budget item for the upcoming year regarding the possibility
of building a new telecommunications and broadband service utility in the City. He stated
upcoming tasks will include gathering benchmark data and market analysis as well as gaining
public input. He noted the March 24 Work Session will cover this topic in additional detail.
Councilmember Troxell requested information regarding the state regulatory framework and
federal regulations at the Work Session.
City Manager Atteberry discussed his visit to Dr. Clayton Hurd at Stanford and his work in Fort
Collins as well as possible opportunities for the City to learn from and partner with Dr. Hurd in
the future.
COUNCILMEMBER REPORTS
Councilmember Troxell reported on the City-CSU Leadership Committee meeting and stated the
Committee is made up of two Councilmembers, CSU President Tony Frank, and a Board of
Governors member.
Mayor Weitkunat reported on Council’s upcoming trip to Washington, D.C. for the National
League of Cities meeting.
DISCUSSION ITEMS
14. Second Reading of Ordinance No. 028, 2015, Appropriating Prior Years Reserves in the
General Fund for Transfer to the Capital Projects Fund and Authorizing the Transfer of
Existing Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the
Lincoln Corridor Improvements Project and Transferring Appropriations to the Cultural
Services and Facilities Fund for the Art in Public Places Program. (Adopted on Second
Reading)
This Ordinance, adopted on Second Reading on February 17, 2015, by a vote of 4-2 (nays:
Overbeck, Cunniff; Poppaw recused) appropriates partial funding for design, right of way acquisition
and construction of the Lincoln Avenue Improvements from 1st Street to Lemay Avenue. Based on
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the Lincoln Corridor Plan estimated cost of $19.3 million for the entire project from Jefferson to
Lemay, the cost to improve the section from 1st Street to Lemay Avenue is $8 million. With the
reduced level of enhancements currently proposed, the project is estimated to cost $6.5 million. This
Council action appropriates $3 million from General Fund Reserves and an additional $1.106 million
from the Street Oversizing Fund. $155,881 is available from previous developer Local Street
Obligations along the project limits, and $2,238,119 is currently unfunded.
Councilmember Poppaw withdrew from the discussion of this item due to a conflict of interest.
Karen Cumbo, Planning, Development and Transportation Director, stated applications for the
neighborhood advisory committee are online and noted the committee will be open to residents
of the Buckingham, Alta Vista and Andersonville neighborhoods.
Cheryl Distaso, Open Communities Collective, expressed concern regarding the use of General
Fund Reserves for the Lincoln Avenue improvement projects. The April election should occur
first.
Nancy York questioned how the neighborhoods will be solicited for the advisory committee and
if citizens will have enough time to apply. The outcome of the April election should be
determined prior to using General Fund Reserves for Lincoln Avenue.
Jerry Gavaldon expressed concern regarding the neighborhood advisory committee process.
Glen Colton expressed concern regarding the funding of the Lincoln Avenue improvements.
Cumbo discussed the intent of the neighborhood advisory committee and clarified the possibility
of using the Landmark Preservation Commission and historical preservation staff in the process.
Councilmember Cunniff questioned what portion of the non-appropriated reserves this $3
million represents. Mike Beckstead, Chief Financial Officer, replied the year-end closing
process takes three to four months; however, this $3 million will be available in the 2014
reserves and the General Fund balance will be approximately $72 million, though he is uncertain
how much of that is not appropriated or assigned.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 028, 2015, on Second Reading.
Councilmember Overbeck stated he would not support the motion given the use of reserves and
discussed changes he would like to see in the neighborhood advisory committee.
Councilmember Cunniff stated he would not support the motion given the use of reserves and the
hurried process.
Councilmember Troxell stated this process has not been rushed and this corridor has been needed
improvement for years.
Councilmember Campana stated this process has not been rushed and this corridor in the middle
of the city has no curb, gutter or sidewalks.
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RESULT: ORDINANCE NO. 028, 2015, ADOPTED ON SECOND READING [4 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
RECUSED: Poppaw
15. Resolution 2015-030 Updating Community Greenhouse Gas Reduction Goals. (Adopted)
The purpose of this item is for City Council to consider:
reaffirming the existing goal to reduce communitywide greenhouse emissions to 20% below 2005
levels by 2020,
establishing new goals to reduce communitywide greenhouse gas emission to 80% below 2005
levels by 2030 and achieve carbon neutrality by 2050,
directing the City Manager to develop a 2020 Climate Action Implementation Plan based on the
2015 Climate Action Plan: Framework.
In April 2014, City Council asked that an ad hoc committee be formed to develop a proposed
updated Climate Action Plan (CAP) that describes how the community could achieve the greenhouse
gas emissions reduction objectives stated above. Following nine months of work, a draft framework
has been prepared that outlines steps needed to put Fort Collins on a path to meet the goals.
The 2015 Climate Action Plan: Framework (“CAP Framework”) provides a high level assessment of
steps needed to set Fort Collins on the path to achieve carbon emissions reduction objectives as
requested by Council, but does not determine future implementation details. The work on climate
action planning is, by nature, iterative. Very few cities have taken the initiative to explore, to this
depth, what it would take to meet ambitious long-term goals. Recommended next steps are to
complete a 2020 Climate Action Implementation Plan to develop details of near-term programs. Any
tactics or programs requiring Council action will be developed in more detail and discussed on a
case-by-case basis prior to Council’s consideration.
Achieving these goals will be challenging and will require sustained action and focus, and
involvement by all sectors of the community. Anticipated outcomes of setting visionary greenhouse
gas goals include attracting outside capital as well as increased local innovation and entrepreneurial
activity. These goals can drive further action to reduce emissions than would occur without the goals
or a plan. They can spur the community’s engagement, competitive spirit, and sense of pride.
Setting a new goal for 2030 also establishes an important interim target for action between now and
2050—an interim goal that is set out in the future but is close enough to be able to be visualized
assists in keeping the community on track for long-term carbon reductions.
Jeff Mihelich, Deputy City Manager, stated this item would adopt the accelerated community
greenhouse gas goals and direct the City Manager to work with staff to develop the
implementation plan for the Climate Action Plan 2020.
Lucinda Smith, Environmental Services Director, discussed the role of a community greenhouse
gas goal and the sources of emissions in the community. She discussed the benefits of the goals
and stated work has begun to identify financing guiding principles.
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The following citizens spoke in favor of adoption of the Resolution:
Scott Dening
Rose Lew, League of Women Voters
Hunter Buffington, Fort Collins Sustainability Group
Bill DeMarco
Mark Easter, Save the Poudre
Peter O’Neill, Energy Board
Paul Smith
Mark Houdashelt, Air Quality Advisory Board
Phil Friedman
Cheryl Distaso
Eric Levine
Jack Van Vleet
Nancy York
Alex Blackmer
Clink Skutchan, Fort Collins Board of Realtors
Josie Plout
Dale Carlin, Organizing for Action
Janice Lynne
Tom Hoehn
Kevin Cross, Fort Collins Sustainability Group
Glen Colton expressed concern the Plan ignores population growth.
Linda Vrooman stated there has been no environmental impact statement for the stadium and
discussed the environmental impacts of the stadium.
Les Kaplan stated the regional land use pattern and the City’s water delivery system should be
considered with regard to the Plan.
Mike Truitt discussed energy upgrades in homes.
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
Councilmember Troxell asked how much of the framework is within the City’s control versus
other agencies such as Platte River Power Authority. Smith replied a significant portion of the
framework will come from community-based actions.
Councilmember Troxell asked how much of the local control is top-down regulatory versus
bottom-up. Smith replied this Plan will require a full range of tactics, including regulatory and
educational.
Councilmember Troxell discussed importance of removing regulatory barriers and accentuating
innovation components. The model provided by Platte River Power Authority should include
additional transparency.
Councilmember Campana thanked the speakers and commended staff work. He asked about the
projected $600 million cost and the achievability of these aggressive goals. Smith replied the
cumulative costs are estimated and noted there will also be cost savings during the time period.
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Work to identify the specific infrastructure and capital investment costs and funding mechanisms
has just begun. Financing and community engagement will be key components in making
progress.
Councilmember Campana reiterated the fact this is a framework and noted there are unidentified
technologies which will aid in cost reduction. He also cited the importance of education.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2015-030.
Mayor Pro Tem Horak asked if an annual benefit-cost analysis has been considered as part of the
implementation plan. Smith replied transparency in terms of impacts and benefits will be
important moving forward and metrics will be identified where possible.
Mayor Pro Tem Horak asked if the consumption model has been considered as well as the
production model. Smith replied in the affirmative and stated information was provided to the
citizen advisory committee regarding production and consumption based inventories. A
consumption based inventory could be conducted, as well, based on additional staff resources.
Mayor Pro Tem Horak asked how annexations and resulting population growth will be
considered. Smith replied the Plan goals are net goals aside from per capita; however, baselines
and inventories will be adjusted based on large population changes such as annexations.
Mayor Pro Tem Horak supported the Resolution and thanked Dr. Dening and the Fort Collins
Sustainability Group for their work. An implementation plan needs to be developed soon.
Councilmember Cunniff supported the Resolution and agreed a consumption assessment should
occur. He asked if that would include air travel. Smith replied a decision was made to remove
air travel; however, it could be added back into the consumption model.
Councilmember Troxell supported the Resolution and stated he will be looking at fiscal impacts
as well as regulatory frameworks moving forward.
Councilmember Poppaw commended work on this item and supported the Resolution.
Councilmember Overbeck thanked staff for their work on the Plan and discussed the importance
of climate change with regard to the insurance industry.
Mayor Weitkunat supported the Resolution and direction of the Plan; however, she expressed
concern regarding the financial impacts.
RESULT: RESOLUTION 2015-030 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
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16. Resolution 2015-031 Adopting an Update to the Economic Health Strategic Plan for the City
of Fort Collins. (Postponed Indefinitely)
The purpose of this item is to consider a resolution approving an update to the Economic Health
Strategic Plan previously approved by City Council on June 26, 2012 (Resolution 2012-044; Vote: 7-
0 in favor). The update responds to a City Council request to evaluate changes to the existing
strategic plan and seeks alignment with the objectives of the Sustainability Service Area (formed in
2012). The update introduces five themes around which to organize the City’s economic health
activities:
Community Prosperity
Grow Our Own
Place Matters
The Climate Economy
Think Regionally
Josh Birks, Economic Health Director, stated these revisions have been designed to ensure
alignment with community values and the 2015-2016 Strategic Plan. This Plan focuses on
shaping the economy rather than creating an economy and shifts focus from how the City
engages to why the City engages in shaping an economy. Birks went on to discuss the
sustainability assessment and public involvement process.
Glen Colton opposed the updated Plan, suggesting it should be sent back for further review and
input. The Plan does not reflect the reality of the current economic situation in Fort Collins.
Councilmember Overbeck questioned the outcome of returning the item to the Economic
Advisory Commission for additional input. Birks replied seven of the nine members were
present at the last meeting during which the draft Plan was reviewed and five of those seven
members voted in favor of recommending the Plan as it stands and encouraged it to be treated as
a living document. He stated additional input could possibly lead to fine-tuning of strategies.
Councilmember Overbeck asked why more social-oriented boards and commissions were not
approached for input. Birks replied there was not enough time to reach out to all boards and
commissions, nor did those boards request to give input; however, more would be done to reach
out to additional boards in the future.
Mayor Pro Tem Horak asked if there is urgency for getting this item passed. City Manager
Atteberry replied staff feels as though sufficient outreach has occurred; however, if Council
desires additional outreach, that can certainly occur.
Mayor Weitkunat noted not all boards and commissions have significant connections to each
process.
Councilmember Troxell stated the structure of the boards and commissions and public
engagement process may need to be reevaluated.
Councilmember Campana asked if there is any industry indicator for balance. Birks replied the
movement into the support sector of employment is an emerging idea in the economic field.
Councilmember Cunniff asked about local goods and services and a local reinforcing economy.
Birks replied that appears in the “grow our own” theme and a broader sense of entrepreneurship.
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Councilmember Cunniff asked about the purpose of the “market Northern Colorado” aspect of
the Plan. Birks replied 'think regionally' is a unique theme and new aspect of the overall strategy
and stated working with regional partners in order to create a broader sense of resiliency in
Northern Colorado.
Councilmember Cunniff expressed concern regarding the possibility the regional aspect plays
into concerns regarding promoting faster growth. Birks replied our high quality community and
strong economy are natural attractors.
Councilmember Poppaw stated she would support sending this item back to boards and
commissions and noted staff is often placed in the difficult position of attempting to guess which
boards and commissions Council would like to have consider items.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to postpone this
item until such time as additional board and commission outreach and the published public
outreach plan have been completed.
Councilmember Campana stated the process regarding board and commission input needs to be
examined.
Mayor Weitkunat expressed disappointment in this outcome and stated staff sought input from
relevant boards and commissions.
City Manager Atteberry noted the Boards and Commissions manual outlines the boards and
commissions most aligned with each of the outcome areas and stated outreach expectations will
be part of discussions with the upcoming Council.
Councilmember Troxell noted boards and commissions should be following Council's calendar.
Councilmember Poppaw disagreed that staff missed the mark with the Plan or outreach;
however, she expressed support for the desire of other Councilmembers to gain additional
feedback.
RESULT: POSTPONED INDEFINITELY [5 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Overbeck, Poppaw, Campana, Cunniff, Horak
NAYS: Weitkunat, Troxell
17. Resolution 2015-032 Supporting the Grant Application for a Local Parks and Outdoor
Recreation Grant from the State Board of Great Outdoors Colorado Trust Fund and the
Completion of Enhancements to the Old Town Square Renovation. (Adopted)
The purpose of this item is to express City Council support for a grant application by the Downtown
Development Authority (DDA). The City, in cooperation with the DDA is applying for a Great
Outdoors Colorado (GOCO) Local Parks and Outdoor Recreation Grant. The City is eligible to
sponsor the DDA for this grant application and GOCO requires this resolution expressing City
Council support to be submitted as part of the grant application package. No additional City funding
is needed for this grant.
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Matt Robenalt, Downtown Development Authority Executive Director, discussed the proposed
passive and active recreational amenities which would be part of the GOCO grant application
and stated the City is an eligible entity to sponsor the application on behalf of the DDA.
Ed Stoner discussed other similar urban parks which have received GOCO grants and supported
adoption of the Resolution.
Lee Swanson, DDA Boardmember, supported adoption of the Resolution.
Councilmember Cunniff noted the improvements will still be funded by a loan from the Jefferson
Street enhancement project. Robenalt stated there are features that would not be constructed
should the grant not be awarded. Jennifer Hensley, Downtown Development Authority Financial
Coordinator, stated the upgrade to the children's play area and the shade structure are not
currently budgeted.
Councilmember Cunniff questioned the possibility this project may not meet the constitutional
provisions forming GOCO and asked if the City could choose not to accept the money. Robenalt
replied that would be Council's option.
Councilmember Cunniff stated he would support the Resolution but requested the constitutional
provisions be researched.
Councilmember Troxell questioned why this item is on Council's agenda. Robenalt replied
GOCO requires the endorsement or sponsorship by an eligible entity of an application from
another governmental entity such as the DDA.
Councilmember Troxell asked Councilmember Cunniff to address his concerns. Councilmember
Cunniff replied he is questioning whether this type of urban park comports with Article 27 of the
Colorado constitution.
Hensley noted GOCO requires information regarding the projects to ensure they are eligible
prior to the beginning of the grant process.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2015-032.
RESULT: RESOLUTION 2015-032 ADOPTED [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
18. First Reading of Ordinance No. 038, 2015, Amending the Land Use Code with Regard to City
Development Projects. (Withdrawn)
The purpose of this item is to consider amending the Land Use Code to require any development
review project in which the City is an applicant to be reviewed by the Planning and Zoning Board (P
& Z) and eliminates formal appeals to the City Council while allowing a Council override of a P & Z
decision.
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RESULT: WITHDRAWN FROM CONSIDERATION
19. Second Reading of Ordinance No. 032, 2015, Amending Section 15-609 of Article XVII of the
Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from
Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana
Product Manufacturing Facilities. (Adopted on Second Reading)
Ordinance No. 032, 2015, adopted on First Reading on February 17, 2015, by a vote of 4-3 (nays:
Campana, Troxell, Weitkunat) removes the existing prohibition on the wholesale of marijuana
between licensed businesses, not limiting the sales to Fort Collins establishments. When the retail
marijuana regulations were adopted, they included a prohibition on any wholesaling of marijuana
between businesses. This was included, and recommended, as a disincentive for marijuana
businesses to grow more than they could sell through their licensed business. Fort Collins is the
only community to have this restriction and local businesses are interested in relaxing this regulation.
Councilmember Troxell asked if the status of the state tracking system has been updated to
provide information to local law enforcement. Deputy Police Chief Don Vagge replied in the
negative.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 032, 2015, on Second Reading.
Councilmember Troxell stated he would oppose the motion as the state remains deficient in its
ability to regulate marijuana distribution and aid local law enforcement.
Mayor Pro Tem Horak supported the Ordinance as it allows Fort Collins businesses to be on a
level playing field.
RESULT: ADOPTED ON SECOND READING [4 TO 3]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Overbeck, Poppaw, Cunniff, Horak
NAYS: Weitkunat, Campana, Troxell
City Manager Atteberry commended Deputy Chief Vagge on his work for the City, noting he
will be retiring in May.
20. Items Relating to Pineridge Natural Area Encroachments. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 022, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Thomas and Sandra Gerrard.
B. Second Reading of Ordinance No. 023, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Sharon and David Bottoms.
C. Second Reading of Ordinance No. 024, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Mark and Leslie Haynam.
D. Second Reading of Ordinance No. 025, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Barry Johnson and Jane Pollack.
E. Second Reading of Ordinance No. 026, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Martin and Judith Gutschenritter.
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F. Second Reading of Ordinance No. 027, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Ward and April Whicker.
The purpose of this item is to resolve six encroachments on Pineridge Natural Area. Six property
owners who have significant and long standing encroachments on Pineridge Natural Area are
requesting that City Council approve selling them the land they are encroaching upon. While this is
highly unusual and certainly not something Natural Areas would normally recommend, both Natural
Areas staff and the Land Conservation and Stewardship Board are recommending approval due to
the unique circumstances. These Ordinances were adopted on First Reading on February 17, 2015,
by a vote of 6-1 (nays: Overbeck)
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 022, 2015, on Second Reading.
Councilmember Overbeck stated he would not support these motions citing a lack of public
process.
Mayor Pro Tem Horak disagreed stating the process was adequate.
RESULT: ORDINANCE NO. 022, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 023, 2015, on Second Reading
RESULT: ORDINANCE NO. 023, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 024, 2015, on Second Reading.
RESULT: ORDINANCE NO. 024, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 025, 2015, on Second Reading.
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RESULT: ORDINANCE NO. 025, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 026, 2015, on Second Reading.
RESULT: ORDINANCE NO. 026, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 027, 2015, on Second Reading.
RESULT: ORDINANCE NO. 027, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
21. First Reading of Ordinance No. 039, 2015, Amending Section 2-581 of the Code of the City of
Fort Collins and Setting the Salary of the City Attorney. (Adopted on First Reading)
The purpose of this item is to amend Section 2-581 of the City Code to describe the base salary of
the City Attorney.
Janet Miller, Human Resources Director, discussed the City’s compensation policies.
Mayor Pro Tem Horak discussed the negotiation process.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 039, 2015, on First Reading, with the amount of $177,000 inserted as appropriate.
Mayor Pro Tem Horak noted copies of the contract will be available for public inspection prior
to Second Reading.
RESULT: ORDINANCE NO. 039, 2015 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
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ADJOURNMENT
The meeting adjourned at 10:23 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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March 17, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Nelson
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry withdrew Item No. 7, Resolution 2015-033 Determining That a Single-
Lane, Modern Roundabout is the Preferred Alternative for the Intersection of Lincoln Avenue
and the North-South Extension of “International Boulevard”, from the Consent Calendar.
CITIZEN PARTICIPATION
The following citizens spoke in opposition to the new CSU on-campus stadium:
Beverly Hill
Unidentified Female Citizen
Martha Roden
Sandy Lemburg
Elizabeth Hudetz
Beth Mitchell
Nicholas Mouton
Chester McQueary
Doug Brobst
Christian Hageseth
Caroline Franklin
Laurel Hageseth
Rob Schmidt
Wayne Shortridge
Waydene Pixler
Beth Benscheidt
Kathryn Kusmin
Clayton King
Kujuan Yearby
Andi Didericksen
Chris McCartney
Casey Flemming
Carl Wangsvick stated Mayor Pro Tem Horak and Councilmember Troxell should recuse
themselves from CSU-related items given their income sources.
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Tim Johnson requested the City release information regarding Councilmember Campana’s utility
fee payment reduction requests and costs to the City of dealing with the issue.
Joe Machala requested the City release information regarding Councilmember Campana’s utility
fee payment reduction requests and costs to the City of dealing with the issue.
Bill Mulwinney expressed concern regarding the upcoming election and stated Councilmembers
have not upheld the Constitution.
Ken Tharp expressed concern regarding affordable housing near public transportation.
Chris Cooper suggested the existing garden in English Ranch could be utilized this year while
input on a new location is being sought.
Ward Luthi encouraged residents to stand up for any issue they feel is important.
The following citizens spoke in support of Sexual Assault Awareness month and in support of
sexual assault victims:
Catherine Douras
Jennifer Jones
Kelly Stirkey
Jen Kakel
Chelsea (no last name given)
Paulina (no last name given)
Julia Luciano
Erin Hadlow
Rachel Lucas
John Anderson read a poem.
John Gascoyne discussed questionable actions by Councilmember Horak relating to his current
campaign for Council.
Isabella Sisneros stated more gardens and open space are needed in the community in order to
connect humans to others. She also spoke in opposition to the on-campus stadium.
Kevin Kruglet encouraged the use of the new pedi-cab service in town.
David Ham suggested the City control its growth and opposed the on-campus stadium.
Mike Pruznick requested Council take decisive action to end rape among homeless individuals.
Cheryl Distaso, Fort Collins Community Action Network, opposed the on-campus stadium and
discussed the need for lockers for homeless individuals.
Thomas Edwards, Fort Collins Bicycle Coalition, encouraged additional enforcement of bicycle
laws in Fort Collins.
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CITIZEN PARTICIPATION FOLLOW-UP
Mayor Weitkunat thanked those who spoke regarding Sexual Assault Awareness Month.
Councilmember Troxell stated the City looked into the issue raised by Mr. Mulwinney and found
it to be unsubstantiated. Additionally, the Ethics Committee has found he does not have a
conflict of interest relating to the stadium issue. He noted issues with the on-campus stadium
should to be addressed to the Board of Governors and the Governor of Colorado.
Councilmember Poppaw thanked the citizens who spoke and asked if gardening at the existing
English Ranch garden would be a possibility. Jeff Mihelich, Deputy City Manager, replied the
new garden should be ready in time for the spring planting season.
Councilmember Cunniff thanked the citizens who spoke and requested a report regarding
Council’s code of conduct policy in relation to Councilmember Campana’s conflict of interest
issue. City Manager Atteberry replied Council has adopted an ordinance regarding disclosure
and an internal administrative policy has been adopted regarding disclosure to the City Manager,
City Attorney and City Clerk.
Councilmember Cunniff requested a report regarding the effectiveness of these policies in
increasing transparency. Additionally, he requested information regarding the effectiveness of
the lockers in the Murphy Center.
Mayor Pro Tem Horak requested the City Attorney discuss the letter written to Mr. Luthi. City
Attorney Daggett replied Mayor Pro Tem Horak contacted her regarding comments Mr. Luthi
had made regarding the City’s authority in case law; as a result, she emailed Mr. Luthi regarding
the information he had in terms of such case law.
Mayor Pro Tem Horak noted he has disclosed his wife’s employment by CSU and his ownership
of bonds put out by CSU.
CONSENT CALENDAR
Eric Sutherland withdrew Item Nos. 2 and 3, Items Relating to the Downtown Development
Authority and Second Reading of Ordinance No. 035, 2015, Establishing Rental Rates and
Delivery Charges for Use of the City's Raw Water for the 2015 Irrigation Season, from the
Consent Calendar.
Councilmember Campana made a motion, seconded by Councilmember Poppaw, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the February 17, 2015 Regular Council Meeting
and the February 24, 2015 Adjourned Council Meeting. (Adopted)
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The purpose of this item is to approve the minutes from the February 17, 2015 Regular Council
meeting and the February 24, 2015 Adjourned Council meeting.
2. First Reading of Ordinance No. 041, 2015, Appropriating Reserves in the Wastewater Fund for
the Replacement of Two Damaged Trucks. (Adopted)
The purpose of this item is to appropriate $272,794 in Reserves in the Wastewater Fund to replace
two damaged trucks. In 2014, $222,794 in unanticipated revenue was received from the Risk
Management Fund and from insurance proceeds to compensate the Wastewater Utility for two trucks
that were totaled in separate accidents. The $222,794 in unanticipated revenue contributed to
increased Wastewater Reserves at year-end 2014 in this same amount. Due to the cost of replacing
one of the trucks, an additional $50,000 is to be appropriated from the Wastewater Utility Capital
Outlay Reserve which is reserved for equipment purchases. The Capital Outlay Reserve currently
totals $657,300. The 2015 supplemental appropriation will be used to replace both trucks.
3. First Reading of Ordinance No. 042, 2015, Amending Chapter 26 of the Code of the City of
Fort Collins to Clarify the Conditions Under Which a Development May Defer Stormwater and
Drainage Facility Requirements to Obtain a Certificate of Occupancy by Providing Certain
Escrows as Assurance of Completion. (Adopted)
The purpose of this item is to amend Chapter 26 of City Code, which provides developers an option
for obtaining a certificate of occupancy prior to completion of installation, certification, and
acceptance of stormwater and drainage facilities. This amendment provides clarification as to when
this is allowable, initiates a non-refundable fee for processing and tracking the escrow, and timelines
for completion of the work associated with the escrow.
4. First Reading of Ordinance No. 043, 2015, Authorizing the Acquisition by Eminent Domain of
Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect
Road and Timberline Road Intersection Improvements Project (Adopted)
The purpose of this item is to obtain authorization from City Council to use eminent domain, if
deemed necessary, to acquire property interests needed to construct improvements at the Prospect
Road and Timberline Road intersection. The Prospect Road and Timberline Road Intersection
Improvements will construct safety and congestion mitigation improvements at the intersection, and
on Timberline Road from Prospect Road south to Blackbird Drive. The project is planned to begin
construction in the spring of 2016 and be completed by the fall of 2016. To construct these
improvements, the City will need to acquire certain property interests adjacent to the project area.
The acquisitions include right-of-way, permanent easements, and temporary easements from four
property owners. Timely acquisition of the property is necessary to meet the anticipated construction
schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that
all property negotiations can be completed prior to the start of the Project. Staff is requesting
authorization of eminent domain for all property acquisitions for the Project only if such action is
deemed necessary.
5. Resolution 2015-033 Determining That a Single-Lane, Modern Roundabout is the Preferred
Alternative for the Intersection of Lincoln Avenue and the North-South Extension of
“International Boulevard.” (Withdrawn)
The purpose of this item is to approve a single-lane, modern roundabout intersection at Lincoln
Avenue and the north-south extension of International Boulevard. The adopted Master Street Plan
anticipates a new arterial-arterial intersection between Lincoln Avenue east of Lemay Avenue and a
north-south extension of ‘International Boulevard’. In accordance with Resolution 2001-120, an
Alternatives Analysis was completed for this intersection. The conclusions of the Alternatives
Analysis show that a single-lane, modern roundabout is the preferred alternative for this intersection.
This project is not a part of or within the boundaries of the recently approved Lincoln Corridor
Improvement Project.
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6. Resolution 2015-034 Authorizing the Purchasing Agent to Lease Additional Vehicles and
Equipment Under the City's Standard Master Lease Agreement with Pinnacle Public
Financing, Inc. (Adopted)
The purpose of this item is to request approval of the lease-purchase of vehicles and equipment for
the cost of $2,239,424 under the City’s Master Lease Agreement with Pinnacle Public Finance and
the “First Amendment” to that Agreement (jointly, the “Agreement”). Quarterly Payments of
$118,398 at the 2.15% interest rate will not exceed $236,796 in 2015. Money for 2015 lease-
purchase payments is included and appropriated in the 2015 budget. A competitive process was
used to select Pinnacle Public Finance for this Agreement. A 2015 Finance Department analysis of
current and historical equipment lease financing arrangements showed that lease-purchase is in the
best interest of the City given the interest rate offered for the lease. Staff believes acceptance of this
lease rate is in the City's best interest.
7. Resolution 2015-035 Making an Appointment to the Northern Colorado Airport Commission.
(Adopted)
The purpose of this item is to appoint Thomas Fleming to a four year term to the Northern Colorado
Regional Airport Commission (the "Commission"). The Intergovernmental Agreement ("IGA")
between the owners of the Municipal Airport, the cities of Fort Collins and Loveland, provides for a
selection committee of two Councilmembers from each City to make recommendations for
appointment to the Commission.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Mayor Weitkunat noted an appointment of the Fort Collins member to the Northern Colorado
Airport Commission was made.
STAFF REPORTS
Ginny Sawyer, Policy and Project Manager, reported on the Friendship City partnership
agreement with San Cristobal and announced a children’s marimba virtual concert on April 30
th
.
Beth Sowder, Social Sustainability Director introduced Vanessa Fenley, Homeward 2020
Executive Director. Ms. Fenley discussed Homeward 2020’s annual point-in-time survey of
homeless individuals noting an increase in the number of individuals experiencing chronic
homelessness and an increase in the number of homeless veterans.
Sowder announced the opening of Redtail Ponds, a permanent supportive housing project and
noted lockers were installed at the Murphy Center. Additionally, she discussed an upcoming
planning session regarding future action steps to address homelessness.
Councilmember Overbeck asked how many lockers were installed. Sowder replied 76 new
lockers were recently added.
Councilmember Cunniff thanked Ms. Fenley and Ms. Sowder, as well as the Housing Authority.
COUNCILMEMBER REPORTS
Mayor Weitkunat reported on the National League of Cities meetings attended by Council.
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Councilmember Campana reported on his participation at the National League of Cities meetings
and specifically commended Mayor Weitkunat on her accomplishments on a federal level on
behalf of the City.
Councilmember Poppaw commended Dan Weinheimer on his organization of the National
League of Cities meetings for Council.
Councilmember Troxell noted discussions were held with the Federal Railroad Administration
and a waiver for train horn noise in town was presented.
Councilmember Overbeck reported on the formation of a new park in the Maple Hill
neighborhood.
Mayor Weitkunat discussed the importance of the Colorado Municipal League in the National
League of Cities meetings and encouraged the formation of a youth coalition in Fort Collins.
Additionally, she discussed the variety of ways in which Fort Collins is represented both
statewide and nationally by its Councilmembers.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
DISCUSSION ITEMS
8. Items Relating to the Appointment, Salary and Employment Contract of the City Attorney.
(Adopted)
A. Resolution 2015-036 Appointing Carrie Daggett as City Attorney and Approving the City
Attorney’s Employment Agreement.
B. Second Reading of Ordinance No. 039, 2015, Amending Section 2-581 of the Code of the City of
Fort Collins and Setting the Salary of the City Attorney.
C. Administration of Oath of Office for the City Attorney.
The purpose of the resolution is to appoint Carrie Daggett as the new City Attorney and to approve
the employment agreement of the City Attorney. Ordinance No. 039, 2015, unanimously adopted on
First Reading on March 3, 2015, establishes the 2015 salary of the City Attorney at $177,000.
Janet Miller, Human Resources Director, briefly discussed the recruitment process and ultimate
salary and employment contract for City Attorney Carrie Daggett.
Carl Wangsvick stated disclosure of conflicts of interest does not exempt Councilmembers from
recusal and requested Mayor Pro Tem Horak recuse himself from this vote stating he violated the
City Charter.
Mike Pruznick opposed certain determinations of City Attorney Daggett.
Councilmember Poppaw made a motion, seconded by Councilmember Campana, to adopt
Resolution 2015-036.
Councilmember Poppaw commended City Attorney Daggett and her work for the City.
Councilmember Troxell discussed the open recruitment process and commended City Attorney
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Daggett.
Councilmember Cunniff stated he would support the motion.
Councilmember Campana commended City Attorney Daggett on her work for the City.
Mayor Pro Tem Horak discussed his role in the accusations made by Mr. Wangsvick and
commended City Attorney Daggett on her work for the City.
Mayor Weitkunat commended City Attorney Daggett on her work and passion for the City.
RESULT: RESOLUTION 2015-036 ADOPTED [UNANIMOUS]
MOVER: Lisa Poppaw, District 2
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Councilmember Poppaw made a motion, seconded by Councilmember Troxell, to adopt
Ordinance No. 039, 2015, on Second Reading.
RESULT: ORDINANCE NO. 039, 2015 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Lisa Poppaw, District 2
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
City Clerk Nelson administered the Oath of Office to City Attorney Daggett.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
Mayor Weitkunat suspended the rules to allow the two citizen-pulled consent items to be
considered prior to the Colorado State University IGA item.
12. Items Relating to the Downtown Development Authority. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 033, 2015 Appropriating Unanticipated Tax Increment
Revenues in the Fort Collins, Colorado Downtown Development Authority Fund for Expenditure
on Projects and Programs in Accordance with the Downtown Plan of Development.
B. Second Reading of Ordinance No. 034, 2015, Appropriating Unanticipated Revenue from Interest
Earnings and Reappropriating Existing Project Funds for Expenditure on Projects and Programs
in Accordance with the Downtown Plan of Development.
These Ordinances, unanimously adopted on First Reading on March 3, 2015, appropriate certain
unanticipated revenues and reappropriate certain funds previously committed for projects and
programs under the Downtown Plan of Redevelopment. Ordinance No.033, 2015, appropriates
$63,205 in unanticipated revenue for use in the Old Town Square Renovation. This ordinance also
includes the repayment of the 2015 Revolving Line of Credit Draw #2, in the amount of $63,205 from
the Downtown Development Authority Debt Service Fund. Ordinance No. 034, 2015, appropriates
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unanticipated revenue from interest earnings in the amount of $29,220, and will also reappropriate
previously committed project funds in the amount of $438,611 for use in the Old Town Square
Renovation.
Mike Pruznick opposed the process involving suspension of the rules and opposed the amount of
funding granted to the Downtown Development Authority.
Nancy York expressed concern regarding the Downtown Development Authority not being held
to the same standards as the City, particularly with regard to the Climate Action Plan.
Councilmember Campana made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 033, 2015, on Second Reading.
Councilmember Cunniff noted this item would not allot extra money to the DDA; it is simply an
official allocation.
RESULT: ORDINANCE NO. 033, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Councilmember Campana made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 033, 2015, on Second Reading.
RESULT: ORDINANCE NO. 034, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
13. Second Reading of Ordinance No. 035, 2015, Establishing Rental Rates and Delivery Charges
for Use of the City's Raw Water for the 2015 Irrigation Season. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on March 3, 2015, sets rates and charges for
the rental and delivery of the Utilities raw water supplies. These rates are used to invoice
agricultural, contractual and other water users.
On First Reading, the agenda item summary (AIS) indicated that the typical rental rate per Water
Supply and Storage Company (WSSC) share is $1,600 over the annual assessment per
share. However, this was a typographical error as the typical rental rate per WSSC share is $600
over the annual assessment per share. This has been corrected in the ordinance. The resultant
rental rate per WSSC share is still $3,500 per share, as indicated in the AIS on First Reading.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 035, 2015, on Second Reading.
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RESULT: ORDINANCE NO. 035, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
DISCUSSION ITEMS
9. Resolution 2015-037 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Colorado State University Regarding Infrastructure Improvements and Event Day Operations
Related to an On-Campus Stadium. (Adopted)
The purpose of this item is to approve an intergovernmental agreement between the City of Fort
Collins and Colorado State University regarding infrastructure improvements and event day
operations related to an on-campus stadium. CSU is moving forward with plans to build a new on-
campus stadium for football and other events. Construction and operation of the stadium will have
significant impacts on nearby residents and the community in general, and representatives of the
City and CSU have been negotiating an intergovernmental agreement to outline measures to
mitigate that impact and establish the commitment of CSU to take specific steps to mitigate those
impacts.
Jeff Mihelich, Deputy City Manager, noted the proposed Intergovernmental Agreement (IGA)
does not take a stand for or against the stadium, but rather attempts to protect surrounding
neighborhoods and provide mitigation and funding for impacts. He detailed proposed parking
plans and pedestrian and bicycle crossings. Additionally, Mihelich discussed improvements for
which Colorado State University has agreed to provide funding and the plans for neighborhood
involvement. He also discussed lighting and noise abatement and construction standards and
noted the IGA specifically states CSU is solely responsible for funding all utility, turn lane,
intersection control, signalization, enhanced law enforcement, litter abatement, bike and
pedestrian improvements, transit enhancements, and signage improvements. Mihelich also noted
the adoption of the IGA will help ensure necessary improvements are in place prior to the
stadium opening.
The following citizens spoke against the adoption of the Intergovernmental Agreement with
Colorado State University:
Joe Machala
Shelby Robinson
Nancy York
John Anderson
Dan Leatherman
Kevin Cross
Beverly Hill
Elizabeth Hudetz
Dolores Williams
Liz Pruzner
Jonathan Carnahan
Clayton King
Lynn DeBeers
Jean Yule
Nancy Tellez
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Linda Vrooman
John Yule
Beth Mitchell
Doug Brobst
Kujuan Yearby
Nicholas Mouton
Doug Henderson
Wesley Alonzo
Bob Vangermeesch
Chester McQueary
Rob Schmidt
Isabella Sisneros
Bill Tucker
Carol Hassan
Leo Franzone
Andi Didericksen
Mike Pruznick
Beth Benscheidt
Waydene Pixler
Wayne Shortridge
Jimmy De La Franca
Tim Johnson expressed concern regarding possible conflicts of interest for Councilmembers
Horak and Troxell.
Paul Smith expressed concern regarding the impact of global climate change on local economics.
Councilmember Cunniff thanked the speakers and asked if the study on the Prospect and College
intersection was completed when CSU was in session. Mihelich replied in the affirmative.
Councilmember Cunniff asked about the discussion of future uses for Hughes Stadium.
Mihelich replied Hughes Stadium is outside of the City's planning area; therefore, it is not
appropriate to be included in the IGA. City Manager Atteberry noted Dr. Frank has expressed
interest in that collaboration in the future.
Councilmember Cunniff noted this IGA addresses only $8 million of the $30-40 million CSU
has set aside to fund infrastructure improvements. Mihelich replied the mitigation report
developed in late 2014 resulted in a range of improvements of $13-22 million. The $8 million
figure includes items for which firm costs are known and which CSU has agreed to fund. Future
improvements which need additional study, but are included in the IGA, include the grade-
separated crossing at Shields and Elizabeth, Prospect and College improvements, Prospect
corridor improvements, and Lake/Centre intersection improvements.
Councilmember Cunniff asked about the inclusion of the "strive to" language with regard to
meeting the City's noise ordinance. Mihelich replied the City is not able to enforce its noise
ordinance on the stadium itself; however, CSU has agreed to be made aware of the requirements
and attempt to modify non-football related events to meet those standards.
Councilmember Cunniff asked about the inclusion of the City's carbon neutrality goals.
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Mihelich replied CSU has stated its goal is to meet gold LEED certification during construction
and be carbon neutral in operation; however, it is not committed specifically to these goals with
the stadium.
Councilmember Cunniff asked about the appropriation clause. Mihelich replied the IGA does
not specifically address appropriation; however, it does allow either party to terminate the
agreement at a future date as it is a voluntary agreement. Amy Parsons, CSU Vice-President of
Operations, replied the appropriations language referenced is required by state law.
Councilmember Cunniff asked if the noise impact of the cannon during football games was
discussed. Mihelich replied in the negative.
Councilmember Cunniff asked about the make-up of the stadium advisory group. Mihelich
replied the inclusion of business owners in the group was an idea suggested by the Planning and
Zoning Board. Additionally, two representatives from CSU and one from the City will be
included. The remaining members are at-large and could certainly be residents of adjoining
neighborhoods.
Mayor Weitkunat noted Council and the City have been insistent this IGA be pursued and asked
why that has occurred at this point in time. Mihelich replied Council has insisted on the
development of a detailed mitigation plan to lessen the impacts of the stadium as much as
possible and stated the focus of the IGA, at Council's direction, has been the interest of the
neighborhoods.
Councilmember Troxell asked if the definition of "main campus" has been made clear. Mihelich
replied specific language is included in the IGA and the main campus is the central core with the
south campus being Centre Avenue and south; however, CSU considers all of the property to be
campus and the IGA does not address infrastructure improvements as being part of either the
main or south campus.
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City of Fort Collins Page 98
Councilmember Troxell stated the relationship between CSU and the City needs to be
approached more holistically. He asked about the possible use of eminent domain. Mihelich
replied he does not have any comments regarding eminent domain with respect to the IGA but
stated additional discussions regarding what eminent domain powers the state has granted to
CSU will be held.
Councilmember Troxell supported the inclusion of mandatory reviews in the IGA.
Councilmember Campana suggested the postponement or non-approval of the IGA would not
prevent the stadium from moving forward and stated the IGA has been vetted as much as
possible.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2015-037.
Councilmember Troxell expressed regret this issue has divided the city and stated this IGA is a
step toward working cooperatively with CSU.
Mayor Weitkunat noted actions taken with this IGA, regardless of whether or not the stadium is
built, will aid in bringing needed improvements to the city.
Councilmember Cunniff argued there is more the City could do to ensure that the stadium or any
other CSU project would be compatible with the surrounding neighborhoods. Additionally, he
noted neighborhoods were built around Hughes Stadium after the stadium was in place, while the
new stadium would impact existing neighborhoods. He stated he would not support the IGA as
it does not protect neighborhoods as requested by citizens.
Councilmember Campana stated this IGA does not hurt the City and expressed appreciation for
citizen input.
RESULT: RESOLUTION 2015-037 ADOPTED [4 TO 3]
MOVER: Gino Campana, District 3
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Campana, Troxell, Horak
NAYS: Overbeck, Poppaw, Cunniff
10. Resolution 2015-038 Adopting the West Central Area Plan as an Element of the
Comprehensive Plan of the City and Repealing the West Central Neighborhoods Plan as an
Element of the City's Comprehensive Plan. (Adopted)
The purpose of this item is to adopt the West Central Area Plan (the "Plan") comprised of the
neighborhoods south and west of the CSU Main Campus. Subarea plans are a key component in
implementing the City Plan vision to create an overall community that is innovative, sustainable and
connected. The West Central Area Plan will help citizens address a wide variety of challenges and
opportunities to ensure that these neighborhoods continue to be great places to live, work, shop,
learn and play. The Plan strives to provide policy, guidance and direction on three primary topics:
Land Use and Neighborhood Character, Transportation and Mobility, and Open Space Networks. In
addition, other subject areas include urban design, housing, community facilities, and a strategic
approach to delivering effective public services.
Packet Pg. 42
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March 17, 2015
City of Fort Collins Page 99
The Plan also includes new conceptual designs for Prospect Road and Lake Street (from Shields
Street to College Avenue), which are intended to improve the safety and comfort of pedestrians,
bicycles, buses and cars on both roadways. The Plan also considers various alternatives for making
a range of improvements along Shields Street between Prospect Road and Laurel Street, including a
potential grade-separated crossing. Extensive public outreach was conducted over the course of the
planning process using a range of strategies. Beginning in January 2014 and concluding with an
open house in March 2015, a broad range of citizens, a stakeholder committee, and various
organizations have participated and contributed to the formation of the Plan.
Laurie Kadrich, Community Development and Neighborhood Services Director, briefly
introduced the item.
Ted Shepard, Chief Planner, stated the West Central Area Plan builds upon the 1999 West
Central Neighborhoods Plan and the Student Housing Action Plan and discussed the public input
process as well as the overall layout of the Plan.
Rebecca Everette, City Planner, discussed the various action items and open space components
included in the Plan.
Amy Lewin, Senior Transportation Planner, discussed the transportation and mobility aspects of
the Plan and detailed proposed plans for Prospect Road and Lake Street.
Paul Anderson supported adoption of the West Central Area Plan and the “U+2”’ Ordinance.
Mike Pruznick asked about the inclusion of a CSU medical facility at Prospect and College and
about the City’s ownership of a parcel at that corner.
Lynn DeBeers asked about the rental components of the Plan.
Kristy Bird, Northern Colorado Rental Housing Association, supported adoption of the Plan but
did not support a rental registration or licensing program.
Eric Sutherland questioned the City’s planning efforts and stated growth does not pay its own
way.
Ed Pierce supported adoption of the Plan but questioned whether or not the “U+2” Ordinance is
being enforced.
Thomas Edwards asked when Lake Street will be taken over by CSU.
Shepard stated the northwest corner of Prospect and College is not part of CSU’s main campus
and noted the City would have jurisdiction over the review of any medical building through the
Site Plan Advisory Review process.
City Manager Atteberry noted the City-owned land at the intersection of Prospect and College is
for future expansion of the intersection.
Mayor Weitkunat requested staff input regarding the “U+2” Ordinance and its enforcement.
Kadrich replied the Code Enforcement office has had one full-time staff member dedicated to
enforcement of this Ordinance and a second staff member has been recently added. A more
proactive approach is being taken in areas with repeat complaints.
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Mayor Weitkunat requested staff input regarding rental registration and licensing programs.
Shepard replied the Plan includes a mid-term action item to form an exploratory committee to
evaluate the feasibility and potential effectiveness of a citywide landlord registration or licensing
program. Additionally, a Neighborhood Renewal Program is being developed by the Social
Sustainability Department.
Mayor Weitkunat discussed the importance of alerting the entire community about the possible
licensing and registration program.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2015-038.
Mayor Pro Tem Horak discussed the importance of systematically dealing with both sides of the
rental issue.
Councilmember Cunniff stated this Plan includes many items which will aid in improving the
neighborhoods included in the area and commended staff for work on the Plan. Additionally, he
questioned the process for high-intensity use parcels. Shepard noted the Plan does not radically
change any zone districts in terms of permitted uses.
Councilmember Overbeck commended the public input process.
Councilmember Troxell noted the importance of addressing rental issues with the inclusion of
the nuisance Ordinance and expressed full support of the Plan as presented.
Mayor Pro Tem Horak commended the format of the Plan.
Councilmember Campana supported the Plan and public engagement process.
Mayor Weitkunat commended the Plan and discussed the importance of community engagement.
RESULT: RESOLUTION 2015-038 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Motion to Extend the Meeting
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to extend the
meeting past 10:30 p.m.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Packet Pg. 44
Attachment1.3: March 17, 2015 (3088 : Minutes-2/27, 3/3, 3/17, 3/24)
March 17, 2015
City of Fort Collins Page 101
11. Resolution 2015-039 Adopting the Nature in the City Strategic Plan as an Element of the
Comprehensive Plan of the City. (Postponed to March 24, 2015)
The purpose of this item is to seek City Council approval of the Nature in the City Strategic Plan as
an element of the City's Comprehensive Plan. Nature is a defining characteristic of Fort Collins; the
community has a 40-year history of protecting nature in the city and region. Nature in the City is a
long-term planning effort that capitalizes on these efforts to protect and integrate nature into the
community’s fabric through a variety of regulatory, policy, outreach and collaborative solutions on
public and private lands.
RESULT: POSTPONED TO March 24, 2015 [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Motion to cancel the April 7, 2015 Regular Council meeting. (Municipal Election)
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to cancel the
April 7, 2015 regular Council meeting as permitted under Section 2-28(a) of the City Code due
to the municipal election on that date.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Call of Special Meeting for 6:00 p.m., Tuesday, April 14, 2015. (Organizational Meeting)
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to call a special
Council meeting on April 14, 2015 at 6:00 p.m. for the purpose of swearing in the Mayor and
City Councilmembers elected at the April 7th municipal election as permitted under Section 2-
29(a) of the City Code.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
p.m. on March 24, 2015, to consider such matters as may come before the Council including a
possible Executive Session and any items not addressed tonight.
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March 17, 2015
City of Fort Collins Page 102
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
The meeting adjourned at 10:54 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
Packet Pg. 46
Attachment1.3: March 17, 2015 (3088 : Minutes-2/27, 3/3, 3/17, 3/24)
City of Fort Collins Page 103
March 24, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ABSENT:
Staff present: Atteberry, Daggett, Nelson
1. Resolution 2015-039 Adopting the Nature in the City Strategic Plan as an Element of the
Comprehensive Plan of the City. (Adopted)
The purpose of this item is to seek City Council approval of the Nature in the City Strategic Plan as
an element of the City's Comprehensive Plan. Nature is a defining characteristic of Fort Collins; the
community has a 40-year history of protecting nature in the city and region. Nature in the City is a
long-term planning effort that capitalizes on these efforts to protect and integrate nature into the
community’s fabric through a variety of regulatory, policy, outreach and collaborative solutions on
public and private lands.
Karen Cumbo, Planning, Development and Transportation Director, discussed the evolution of
this project.
Lindsay Ex, Senior Environmental Planner, discussed the community's development patterns and
stated this Plan is designed to address how to balance the urban infill and redevelopment goals
with the desire to preserve Fort Collins' small town feel and access to nature in the city. Ex
detailed the process used to develop the project, including its three phases of inventory and
assessment, strategic plan, and implementation.
Justin Scharton, Environmental Planner, discussed the second phase of Nature in the City, the
strategic plan, and noted it has involved partnerships between several City departments, external
entities and public. The vision of the Plan is to create a connected open space network that
balances the desire of residents to access nature with the need for wildlife habitat and went on to
detail the goals of the plan.
Ex discussed the implementation aspect of the Strategic Plan and stated action items have begun,
including demonstration projects and the continuation of monitoring. Additionally, design
guidelines and Land Use Code changes, as well as the dark skies policy, will be brought before
Council in the future.
Eric Sutherland commented on the Boxelder Stormwater Authority and the use of conservation
easements.
Mike Pruznick expressed general support for the Nature in the City Plan and discussed utilizing a
systems approach to address the plan.
Mayor Weitkunat commended the report format and photographs.
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Councilmember Overbeck asked how the dark skies aspect will be measured. Scharton replied
the City has partnered with the National Park Service night sky national office to measure night
sky quality.
Councilmember Overbeck asked if there is a goal associated with the dark sky issue. Scharton
replied staff is currently working to develop a night sky ordinance or policies; however, a
specific goal has yet to be identified.
Councilmember Overbeck commended the Plan and public process and suggested the placement
of a living wall or other resource in the Midtown area.
Councilmember Cunniff commended the Plan and asked how possible funding options will be
evaluated. Ex replied funding options are not limited to City options and referenced an appendix
of the plan dedicated to possible funding sources.
Councilmember Cunniff asked if the International Dark Sky Association has been contacted.
Scharton replied a call is scheduled with the organization next week.
Mayor Pro Tem asked about the use of Natural Areas funds. John Stokes, Natural Areas
Director, replied Natural Areas funds have been included as a funding source and noted there is a
wide range of possibilities for sharing resources.
Councilmember Troxell commended the Plan and complimented staff on public outreach and the
use of partnerships.
Mayor Weitkunat commended the Plan and suggested incorporating schools as part of the citizen
science projects. Additionally, she suggested public-private partnerships with HOAs and
gardening companies and asked about the inclusion of water and ditch companies. Ex replied
staff is meeting with Poudre School District to discuss ways to engage students and announced a
pilot program with landscape companies to plant trees as part of the West Central Area Plan.
Additionally, water conservation issues are being considered and could be explicitly outlined in
the Plan if desired.
Mayor Pro Tem Horak suggested active engagement with ELCO and the Fort Collins Loveland
Water District as well as other entities in the urban growth area.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2015-039.
Councilmember Troxell discussed the importance of resiliency planning and agreed with the
importance of public-private partnerships.
Councilmember Campana commended the document and its holistic approach.
Councilmember Cunniff noted Natural Areas funds will not be a sole funding source.
Mayor Pro Tem Horak suggested an early implementation item should involve gaining a better
understanding of how Natural Areas fits with Nature in the City.
Councilmember Cunniff noted Natural Areas funds need to be spent according to the intentions
of voters and the outline of the City's Strategic Plan.
Packet Pg. 48
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City of Fort Collins Page 105
RESULT: RESOLUTION 2015-039 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Councilmember Cunniff noted the future Council will consider the Comcast agreement and
suggested those deliberations be made as public as possible.
ADJOURNMENT
The meeting adjourned at 6:43 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
Packet Pg. 49
Attachment1.4: March 24, 2015 (3088 : Minutes-2/27, 3/3, 3/17, 3/24)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Ellen Switzer, Utilities Financial Operations Manager
Carol Webb, Regulation & Govt Affairs Manager
Jon Haukaas, Water Engr Field Operations Mgr
SUBJECT
Second Reading of Ordinance No. 041, 2015, Appropriating Reserves in the Wastewater Fund for the
Replacement of Two Damaged Trucks.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 17, 2015, appropriates $272,794 in
Reserves in the Wastewater Fund to replace two damaged trucks. In 2014, $222,794 in unanticipated revenue
was received from the Risk Management Fund and from insurance proceeds to compensate the Wastewater
Utility for two trucks that were totaled in separate accidents. The $222,794 in unanticipated revenue
contributed to increased Wastewater Reserves at year-end 2014 in this same amount. Due to the cost of
replacing one of the trucks, an additional $50,000 is to be appropriated from the Wastewater Utility Capital
Outlay Reserve which is reserved for equipment purchases. The Capital Outlay Reserve currently totals
$657,300. The 2015 supplemental appropriation will be used to replace both trucks.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 17, 2015 (PDF)
2. Ordinance No. 041, 2015 (PDF)
Packet Pg. 50
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY March 17, 2015
City Council
STAFF
Ellen Switzer, Utilities Financial Operations Manager
Carol Webb, Regulation & Govt Affairs Manager
Jon Haukaas, Water Engr Field Operations Mgr
SUBJECT
First Reading of Ordinance No. 041, 2015, Appropriating Reserves in the Wastewater Fund for the
Replacement of Two Damaged Trucks.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $272,794 in Reserves in the Wastewater Fund to replace two
damaged trucks. In 2014, $222,794 in unanticipated revenue was received from the Risk Management Fund
and from insurance proceeds to compensate the Wastewater Utility for two trucks that were totaled in separate
accidents. The $222,794 in unanticipated revenue contributed to increased Wastewater Reserves at year-end
2014 in this same amount. Due to the cost of replacing one of the trucks, an additional $50,000 is to be
appropriated from the Wastewater Utility Capital Outlay Reserve which is reserved for equipment purchases.
The Capital Outlay Reserve currently totals $657,300. The 2015 supplemental appropriation will be used to
replace both trucks.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Two trucks owned by the Wastewater Utility were involved in two separate accidents during the summer and
fall of 2014. In each accident, the truck was totally destroyed. One of the trucks was utilized by the
Wastewater Field Services Division and the other by the Water Reclamation and Biosolids Division. In
December 2014, the Wastewater Utility Fund received payments from both the Risk Management Fund
($195,000) and the insurer ($27,794) as compensation for the loss of the two vehicles. Both vehicles need to
be replaced in 2015 to maintain ongoing operations in the two divisions. In addition to the reimbursements
from Risk Management and the insurer, an additional $50,000 is required to replace one of the trucks and to
install the dump body and needed accessories.
CITY FINANCIAL IMPACTS
Wastewater Field Services has received reimbursement for $97,500 in reimbursements. The cost of the
replacement vehicles is approximately $150,000. In addition to the reimbursements an additional
appropriation of $50,000 is requested from the Wastewater Capital Outlay Reserve. The Capital Outlay
Reserve currently totals $657,300. Thee Water Reclamation and Biosolids Division received $125,294 in
reimbursements. The cost of the replacement truck is $128,406. The additional funding required will come
from the existing 2015 budget.
ATTACHMENT 1
Packet Pg. 51
Attachment2.1: First Reading Agenda Item Summary, March 17, 2015 (3087 : SR 041-Utilities-Replacement Trucks)
Agenda Item 4
Item # 4 Page 2
PUBLIC OUTREACH
This item was not related to policy and was not addressed by the Water Board.
Packet Pg. 52
Attachment2.1: First Reading Agenda Item Summary, March 17, 2015 (3087 : SR 041-Utilities-Replacement Trucks)
- 1 -
ORDINANCE NO. 041, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE WASTEWATER
FUND TO FUND THE REPLACEMENT OF TWO DAMAGED TRUCKS
WHEREAS, unanticipated revenue was received in 2014 from the Risk Management
Fund and from insurance proceeds of $222,794 to compensate the Wastewater Utility for two
damaged trucks that were totaled in separate accidents in 2014; and
WHEREAS, this unanticipated revenue contributed to increased Wastewater Reserves at
year end 2014 in this same amount; and
WHEREAS, Utilities is proposing to replace these vehicles for a total cost of $278,406 in
2015 to maintain ongoing operations; and
WHEREAS, Utilities is requesting $272,794 from the Wastewater Fund Reserves for
these purchases of which $222,794 is from unanticipated revenue from 2014 that rolled into
reserves and $50,000 is being requested to be appropriated from the Wastewater Capital Outlay
Reserve; and
WHEREAS, the remainder of the required funding of $5,612 will come from existing
2015 budgets; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated for expenditure from prior year reserves in the
Wastewater Fund the sum of TWO HUNDRED SEVENTY-TWO THOUSAND SEVEN
HUNDRED AND NINETY -FOUR DOLLARS ($272,794) to be used for the purchase of two
vehicles to benefit the citizens of the City.
Introduced, considered favorably on first reading, and ordered published this 17th day of
March, A.D. 2015, and to be presented for final passage on the 21st day of April, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 53
Attachment2.2: Ordinance No. 041, 2015 (3087 : SR 041-Utilities-Replacement Trucks)
- 2 -
Passed and adopted on final reading on the 21st day of April, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 54
Attachment2.2: Ordinance No. 041, 2015 (3087 : SR 041-Utilities-Replacement Trucks)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Jon Haukaas, Water Engr Field Operations Mgr
Ken Sampley, Stormwater/Floodplain Program Mgr
SUBJECT
Second Reading of Ordinance No. 042, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to
Clarify the Conditions Under Which a Development May Defer Stormwater and Drainage Facility Requirements
to Obtain a Certificate of Occupancy by Providing Certain Escrows as Assurance of Completion.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 17, 2015, amends Chapter 26 of City Code,
which provides developers an option for obtaining a certificate of occupancy prior to completion of installation,
certification, and acceptance of stormwater and drainage facilities. This amendment provides clarification as to
when this is allowable, initiates a non-refundable fee for processing and tracking the escrow, and timelines for
completion of the work associated with the escrow.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 17, 2015 (w/o attachments) (PDF)
2. Ordinance No. 042, 2015 (PDF)
Packet Pg. 55
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY March 17, 2015
City Council
STAFF
Jon Haukaas, Water Engr Field Operations Mgr
Ken Sampley, Stormwater/Floodplain Program Mgr
SUBJECT
First Reading of Ordinance No. 042, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to
Clarify the Conditions Under Which a Development May Defer Stormwater and Drainage Facility Requirements
to Obtain a Certificate of Occupancy by Providing Certain Escrows as Assurance of Completion.
EXECUTIVE SUMMARY
The purpose of this item is to amend Chapter 26 of City Code, which provides developers an option for
obtaining a certificate of occupancy prior to completion of installation, certification, and acceptance of
stormwater and drainage facilities. This amendment provides clarification as to when this is allowable, initiates
a non-refundable fee for processing and tracking the escrow, and timelines for completion of the work
associated with the escrow.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
Staff believes that this amendment will provide needed clarifications in the Code. It will also institute timelines
that are necessary to ensure that stormwater and drainage facilities are constructed in a timely fashion. This
amendment will create revenue in order to cover the costs associated with handling Stormwater escrows.
BACKGROUND / DISCUSSION
City Code Chapter 26-544 currently allows for the approval of subdivisions and construction on parcels within
the City once sufficient information has been provided and reviewed by the Utility. The applicant may proceed
once “acceptable assurance that such facilities will be constructed” has been received in the form of an escrow
deposit.
This amendment initiates a non-refundable fee for processing and tracking the escrow and timelines for
completion of the work associated with the escrow. This amendment is necessary to allow for a fee to cover
City costs of handling Stormwater escrows and to ensure that stormwater facilities are installed within a
reasonable timeframe.
Historically, Stormwater escrows have been accepted with no formal procedure in cases where construction
cannot be completed prior to the date certificate of occupancy is needed due to circumstances, such as frozen
ground. As a result, City staff has spent time processing and tracking these escrows. As well, there has not
been a timeline for fulfilling the requirements of the escrow; therefore, multiple escrows have stayed on the
books for many years without the required work being completed and no mechanism for the City to apply those
escrowed funds to complete the required facilities.
This amendment establishes a non-refundable fee to help cover the cost of the time City staff spends
processing and tracking these escrows. Additionally, it establishes a reasonable timeline (180 days) for the
ATTACHMENT 1
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Attachment3.1: First Reading Agenda Item Summary, March 17, 2015 (w/o attachments) (3086 : SR 042-Stormwater Escrow)
Agenda Item 5
Item # 5 Page 2
completion of construction, certification, and acceptance of the stormwater and drainage facilities being
escrowed. The escrowing party will receive multiple notices of this timeline before the escrow will be forfeited
and alternative means of installing the facilities can be sought. The escrowing party will be notified in writing
on the escrow receipt as well as at the expiration of 180 days, when they will be given a final 60 days to
comply before escrow forfeiture.
CITY FINANCIAL IMPACTS
There are no negative financial impacts expected from this policy. A positive financial impact will be
establishment of a fee collected to help cover the administrative costs associated with City staff administering
and tracking Stormwater escrow compliance.
BOARD / COMMISSION RECOMMENDATION
At its February 19, 2015 meeting, the Water Board voted unanimously to recommend the City Council adopt
the Ordinance amending Chapter 26 of City Code to clarify conditions under which a development may defer
stormwater installation requirements to obtain a Certificate of Occupancy for up to 180 days by providing
certain escrows as assurance of completion.
PUBLIC OUTREACH
Local developers and engineering firms were consulted on the details of the procedure to ensure it met the
needs of the City and other effected stakeholders.
ATTACHMENTS
1. Water Board minutes, February 19, 2015 (PDF)
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Attachment3.1: First Reading Agenda Item Summary, March 17, 2015 (w/o attachments) (3086 : SR 042-Stormwater Escrow)
- 1 -
ORDINANCE NO. 042, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO CLARIFY THE CONDITIONS UNDER WHICH A DEVELOPMENT MAY DEFER
STORMWATER AND DRAINAGE FACILITY REQUIREMENTS TO OBTAIN A
CERTIFICATE OF OCCUPANCY BY PROVIDING CERTAIN ESCROWS AS
ASSURANCE OF COMPLETION
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
Fort Collins City Charter to fix, establish, maintain, and provide for the collection of such rates,
fees, or charges for utility services furnished by the City as will produce revenues sufficient to
pay the costs, expenses, and other obligations of the Water Utility; and
WHEREAS, Section 26-544 of the City Code allows the Utilities Executive Director to
approve plans for stormwater and drainage facilities associated with subdivisions and building
permits, and for an applicant to proceed with construction subject to furnishing the City
acceptable assurance that such facilities will be constructed and installed as approved; and
WHEREAS, pursuant to Section 26-544 of the City Code, the Water Utility has accepted
certain escrows in cases where stormwater and drainage facility construction cannot be
completed prior to the date a Certificate of Occupancy is needed due to circumstances such as
frozen ground; and
WHEREAS, the process for administering stormwater and drainage escrows has not been
codified, leading staff to spend time processing and tracking escrows, and uncertain expectations
for developers as to the timeline to certify completion of escrow requirements; and
WHEREAS, on February 19, 2015, Water Utility staff presented to the Water Board
amendments to the City Code to update the conditions under which a development may deposit
an escrow in order to defer installation of stormwater and drainage facilities, creating a deadline
of 180 days by which certified completion of such facilities must be provided; and
WHEREAS, the Water Board voted unanimously to recommend the City Council
approve the proposed amendments to Chapter 26 of City Code, which clarify the conditions
under which a developer may deposit an escrow in order to obtain a Certificate of Occupancy
and defer stormwater and drainage requirements for up to 180 days; and
WHEREAS, the City Council desires to continue and clarify the process for allowing
developers to provide an escrow as assurance of completion of stormwater and drainage
requirements, and thereby obtain a Certificate of Occupancy prior to completion of installation,
certification, and acceptance of such facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Attachment3.2: Ordinance No. 042, 2015 (3086 : SR 042-Stormwater Escrow)
- 2 -
Section 1. That the City Council finds that amending Chapter 26 of the City Code to
update the procedures for collecting, releasing, and applying stormwater and drainage facility
escrows is in the best interest of Water Utility ratepayers and the City.
Section 2. That Section 26-544 of the City Code shall be amended to read as follows:
Sec. 26-544. Stormwater facilities required for subdivisions.
(a) Prior to the final approval of the plat of any subdivision, or prior to
commencement of construction upon any lot or parcel of land for which a drainage report
and construction plan for the installation of stormwater facilities has not been prepared
and approved by the City, the owners of the property being subdivided or upon which
construction is being commenced shall, at such owners' cost, prepare a detailed drainage
report and construction plans for the installation of all stormwater facilities required for
such subdivision or lot, including any off-site facilities required to convey stormwater to
existing drains, channels, streams, detention ponds or other points, all in conformity with
the master plan of the stormwater basins, the Fort Collins Stormwater Criteria Manual
adopted pursuant to § 26-500, and the Water Utilities Development Construction
Standards adopted pursuant to § 26-29.
(b) The Utilities Executive Director shall review such reports, plans and costs
estimates; and after approval of the same, the plat of the subdivision or the building
permit, if applicable, may be approved subject to the City's being furnished with
acceptable assurance that such facilities will be constructed and installed as indicated and
approved.
(1) In order to obtain a certificate of occupancy for property prior to
construction, certification, and acceptance of stormwater facilities, an owner may
file a request with the Utilities Executive Director, along with a non-refundable
administration fee of two hundred dollars ($200), and deposit an escrow in an
amount determined by the Utilities Executive Director to be adequate to assure
construction, installation, and certification of the facilities in accordance with
final development plan documents.
(2) All deferred construction, installation, and certification of stormwater
facilities shall be completed within 180 days of the date on the escrow receipt,
issued at the time of its deposit with the City.
(3) Escrows held by the City as assurance for deferred construction and
installation of stormwater facilities shall be released upon filing by the property
owner of the required lot grading or overall site drainage certification for the
property prepared by a licensed engineer. Any escrow not claimed or released
within the period established herein may be considered forfeited and the City may
use such funds to address the drainage and grading requirements of the property.
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Attachment3.2: Ordinance No. 042, 2015 (3086 : SR 042-Stormwater Escrow)
- 3 -
Introduced, considered favorably on first reading, and ordered published this 17th day of
March, A.D. 2015, and to be presented for final passage on the 21st day of April, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of April, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 60
Attachment3.2: Ordinance No. 042, 2015 (3086 : SR 042-Stormwater Escrow)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Lindsay Kuntz, Real Estate Specialist
Timothy Kemp, Civil Engineer
SUBJECT
Second Reading of Ordinance No. 043, 2015, Authorizing the Acquisition by Eminent Domain of Certain Lands
Necessary to Construct Public Improvements in Connection with the Prospect Road and Timberline Road
Intersection Improvements Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 17, 2015, authorizes the use of eminent
domain, if deemed necessary, to acquire property interests needed to construct improvements at the Prospect
Road and Timberline Road intersection. The Prospect Road and Timberline Road Intersection Improvements
will construct safety and congestion mitigation improvements at the intersection, and on Timberline Road from
Prospect Road south to Blackbird Drive. The project is planned to begin construction in the spring of 2016 and
be completed by the fall of 2016. To construct these improvements, the City will need to acquire certain
property interests adjacent to the project area. The acquisitions include right-of-way, permanent easements,
and temporary easements from four property owners. Timely acquisition of the property is necessary to meet
the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and
is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting
authorization of eminent domain for all property acquisitions for the Project only if such action is deemed
necessary.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 17, 2015 (w/o attachments) (PDF)
2. Location map (PDF)
3. Memo re: Eminent Domain proceedings, March 12, 2015 (PDF)
4. Ordinance No. 043, 2015 (PDF)
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Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY March 17, 2015
City Council
STAFF
Lindsay Kuntz, Real Estate Specialist
Timothy Kemp, Civil Engineer
SUBJECT
First Reading of Ordinance No. 043, 2015, Authorizing the Acquisition by Eminent Domain of Certain Lands
Necessary to Construct Public Improvements in Connection with the Prospect Road and Timberline Road
Intersection Improvements Project
EXECUTIVE SUMMARY
The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed
necessary, to acquire property interests needed to construct improvements at the Prospect Road and
Timberline Road intersection. The Prospect Road and Timberline Road Intersection Improvements will
construct safety and congestion mitigation improvements at the intersection, and on Timberline Road from
Prospect Road south to Blackbird Drive. The project is planned to begin construction in the spring of 2016 and
be completed by the fall of 2016. To construct these improvements, the City will need to acquire certain
property interests adjacent to the project area. The acquisitions include right-of-way, permanent easements,
and temporary easements from four property owners. Timely acquisition of the property is necessary to meet
the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and
is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting
authorization of eminent domain for all property acquisitions for the Project only if such action is deemed
necessary.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2011, the Engineering Department completed an Arterial Intersection Prioritization Study, which listed the
Prospect Road and Timberline Road intersection as one of the top ranked locations for needed safety and
operational improvements. Existing problems which brought this intersection to the top of the list included
significant congestion during the peak hours, higher than average vehicle accident rates, and intersection
delay. The project will include multi-modal facility improvements to create a safer and more efficient
intersection for all users.
The Intersection Study identified the need for a "free" right turn lane from eastbound Prospect Road to
southbound Timberline Road; along with an acceleration lane on Timberline Road to receive this turning
movement. “Pork chop” islands will be added at right turn lanes to reduce pedestrian crossing lengths. Curb,
gutter, parkways and sidewalks will be added to southbound Timberline, along with landscaped medians.
Additionally, the Timberline Road and Great Western Railroad crossing will be rebuilt to accommodate the
roadway expansion.
The goals of this project are:
ATTACHMENT 1
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Attachment4.1: First Reading Agenda Item Summary, March 17, 2015 (w/o attachments) (3085 : SR 043-Prospect/Timberline ED)
Agenda Item 6
Item # 6 Page 2
Improve safety and overall efficiency for vehicles, bicycles and pedestrians
Reduce the accident rate by modifying the configuration of the intersection
Improve air quality by reducing vehicle wait time (delay)
Construct landscaping improvements in medians and parkways
The necessary property interests include right-of-way, as well as permanent and temporary easements. Given
the construction schedule for the Project, timely acquisition of the property interests is necessary. Staff has
begun meeting with the affected property owners to discuss the project and the impacts to their property. At
these meetings, the property owners were notified that City staff would be requesting authorization to use
eminent domain to acquire necessary property interests, if needed. City staff received no objections to this
proposed request. Staff fully intends to negotiate in good faith with all affected owners; however, if an
agreement cannot be reached with the owners, and in order to ensure that the Project can proceed in an
efficient and timely manner, the City may consider the use of eminent domain.
The affected property owners were notified by certified mail of this request to Council for authorization of
eminent domain prior to the First Reading of this Ordinance.
CITY FINANCIAL IMPACTS
The project is funded through the Building on Basics (BOB) Intersection Funds from the voter approved
quarter-cent sales tax. The project is defined as “Timberline Road - Drake Road to Prospect Road” from the
2005 ballot language. More specifically, the ballot language stated, “This project will expand Timberline Road
to four (4) lane arterial standards including travel lanes, sidewalks, bike lanes, landscaped medians, and other
necessary improvements. The project will include improvement to the Timberline / Prospect intersection and
all its approaches to add additional turn lanes.”
The total project budget is $3,500,000.00 ($3.5 M) which includes design, right-of-way and construction. One
percent (1%) of the total project budget will be dedicated to the Art in Public Places program.
Short and long term economic benefits of the reconstructed intersection will be realized by the following:
Easing of traffic congestion resulting in reduced fuel consumption and improved air quality
Decrease in accident and delay costs (as calculated per the Highway Safety Manual)
PUBLIC OUTREACH
The project team plans public outreach throughout the project, including public open houses, individual
meetings with property owners, and project updates to be posted on the project’s website,
<http://www.fcgov.com/engineering/prospect-timberline.php>.
ATTACHMENTS
1. Prospect-Timberline Project Location Map (PDF)
2. Sustainability Assessment Summary (PDF)
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Attachment4.1: First Reading Agenda Item Summary, March 17, 2015 (w/o attachments) (3085 : SR 043-Prospect/Timberline ED)
ATTACHMENT 2
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Attachment4.2: Location map (3085 : SR 043-Prospect/Timberline ED)
ATTACHMENT 3
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Attachment4.3: Memo re: Eminent Domain proceedings, March 12, 2015 (3085 : SR 043-Prospect/Timberline ED)
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Attachment4.3: Memo re: Eminent Domain proceedings, March 12, 2015 (3085 : SR 043-Prospect/Timberline ED)
- 1 -
ORDINANCE NO. 043, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF
CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC
IMPROVEMENTS IN CONNECTION WITH THE PROSPECT ROAD
AND TIMBERLINE ROAD INTERSECTION IMPROVEMENTS PROJECT
WHEREAS, the City is scheduled to begin construction on the Prospect Road and
Timberline Road Intersection Improvements Project (the “Project”) in 2016; and
WHEREAS, the Project involves constructing turn lanes, medians, curbs, gutters,
sidewalks, and other necessary improvements; and
WHEREAS, the Project will improve the safety, operations, and air quality of the
intersection; and
WHEREAS, to construct the Project, it is necessary for the City to acquire certain
property rights as described on Exhibits “A” through “I”, attached hereto and incorporated herein
by this reference (the “Property Rights”); and
WHEREAS, the City will negotiate in good faith for the acquisition of the Property
Rights from the owners thereof; and
WHEREAS, the acquisition of the Property Rights is desirable and necessary for the
construction of the Project, is in the City’s best interest and enhances public health, safety, and
welfare; and
WHEREAS, the acquisition of the Property Rights may, by law, be accomplished
through eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds and determines that is necessary in the
public interest to acquire the Property Rights described herein for the purpose of constructing the
Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property Rights for the City by eminent domain
proceedings.
Section 3. The City Council further finds that, in the event acquisition by eminent
domain of the Property Rights or any of them is commenced, immediate possession is necessary
for the public health, safety and welfare.
Packet Pg. 67
Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
- 2 -
Introduced, considered favorably on first reading, and ordered published this 17th day of
March, A.D. 2015, and to be presented for final passage on the 21st day of April, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of April, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 68
Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "A" Page 1 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "A" Page 2 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "B" Page 1 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "B" Page 2 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "C" Page 1 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "C" Page 2 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "D" Page 1 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "D" Page 2 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "E" Page 1 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "E" Page 2 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "F" Page 1 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "F" Page 2 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "G" Page 1 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "G" Page 2 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "H" Page 1 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "H" Page 2 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "I" Page 1 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Exhibit "I" Page 2 of 2
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Attachment4.4: Ordinance No. 043, 2015 (3085 : SR 043-Prospect/Timberline ED)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Chris Martinez, Budget Analyst
Mike Beckstead, Chief Financial Officer
Lawrence Pollack, Budget & Performance Measurement Manager
SUBJECT
First Reading of Ordinance No. 044, 2015, Reappropriating Funds Previously Appropriated in 2014 But Not
Expended and Not Encumbered in 2014.
EXECUTIVE SUMMARY
The purpose of this item is to reappropriate 2014 appropriations approved by City Council that lapsed at the
end of 2014. The authorized expenditures were not spent and could not be encumbered in 2014 because:
there was not sufficient time to complete bidding in 2014 and therefore, there was no known vendor or
binding contract as required to expend or encumber the monies
the project for which the dollars were originally appropriated by Council could not be completed during
2014 and reappropriation of those dollars is necessary for completion of the project in 2015
to carry on programs, services, and facility improvements in 2015 with unspent dollars previously
appropriated in 2014
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund
balances at the end of 2014 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
General Fund $ 1,197,690
Golf Fund 40,000
Keep Fort Collins Great Fund 771,519
Light & Power Fund 18,000
Transportation Fund 28,000
$ 2,055,209
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
GENERAL FUND
City Attorney Office
1. Attorney Search Services - $55,000
The City Attorney’s Office requests this reappropriation to cover fees and costs associated with search-related
expenses and outside recruitment services for multiple attorney positions. It is anticipated that two search
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Agenda Item 5
Item # 5 Page 2
processes will be needed, although it is possible that further search and recruitment efforts would be
necessary to fill all three of the positions. Efforts to competitively procure attorney recruitment and search
services were initiated in fall 2014. However, the vendor pool contacted regarding the initial Request for
Proposals was not appropriately targeted and the process was restarted with additional potential vendor
outreach in order to ensure that adequate efforts had been made to reach suitable vendor proposers.
City Manager Office
2. Downtown Development Authority Ramps Project - $868
The City and the Downtown Development Authority (DDA) have been asked by a number of Fort Collins
residents to help find a solution to afford disabled access to businesses in the Old Town Historic District.
Business owners will voluntarily pay $75 for a ramp, remote doorbell and accessibility sticker. In a
collaborative effort, the City and DDA will split the remaining costs and delivery fee. A field survey of
thresholds in historic buildings indicated 20 qualified locations - four purchased ramps in 2014. Since limited
requests for ramp installations were made in 2014 we expect the project to continue with more outreach and
interest in 2015.
3. Performance Excellence Consulting - $12,438
The Performance Excellence Consulting funds will be used in Q1 and Q2- 2015 for PDCA (Plan, Do, Check,
Act) Process Improvement training for City staff. The City will use outside consulting to deliver course work and
to assist in a complex process. Intentions are to finish the work in 2015.
Community Development & Neighborhood Services
4. Historic Preservation - $7,642
These funds are used for mailings, printing and similar outreach services in support of Historic Preservation
programs, and will be used to fulfill grant-related requirements to provide a historic context, architectural
survey, and survey report to each owner of property in the 15-block Loomis Addition. Nearing completion, the
grant requires that a copy of this context be provided to each property owner. A copy of each survey form and
the accompanying survey report must also be provided to each property owner. These funds will cover the
costs of producing and disseminating these documents.
5. Nature in the City - $34,964
Nature in the City was approved as a 2-year project, initiated in 2014 and expected to run through 2015.
Throughout 2014, extensive public outreach and visioning processes were employed to develop the project’s
strategic plan, which will be completed in 2015. In addition to the completion of the Strategic Plan, the
remaining funds will be used to complete additional project deliverables, such as the Nature in the City design
guidelines, connectivity analyses for people and wildlife, and associated Land Use Code changes and other
demonstration projects, e.g., the living wall.
Communications and Public Involvement Office
6. Comcast Negotiations - $44,249
These funds are for continued cable franchise consultation and legal fees during negotiations between the City
and Comcast. Consultants with expertise on telecommunications law and franchise negotiation were hired in
July of 2013. Their work and related legal work continues until the new franchise agreement is in place. The
current agreement has been extended until June, 16, 2015 as work and related legal work continues until the
new franchise agreement is in place. The negotiations are going well and, barring unforeseen complications, a
new agreement is anticipated to be finalized prior to that date.
Economic Health
7. Foothills Metropolitan District - $13,750
Any entity wishing to form a Metropolitan District in the City of Fort Collins must submit a $13,750.00 deposit at
the time the City considers the associated service plan. This deposit is intended to offset the legal costs
incurred by the City during the formation process. Alberta Development submitted these funds, per the 2008
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adopted policy regarding Metro District formation, in 2012. No payments were required in 2014 and funding
requested to be carried forward are intended for any payments due in 2015. These funds have been retained
until after bond issuance by the metro district. Bonds were issued in late 2014. It is anticipated that these funds
will now be returned to the applicant in 2015.
Environmental Services
8. Clean Air Quality Programs - $13,374
The reappropriated funds will be used to provide continued support of the air quality programs including:
working with state agencies to attain the ozone health standard and protect air quality, increasing outreach and
education on ozone issues to empower citizens to reduce ozone precursor emissions, addressing impacts to
air quality from fugitive dust, enhancing the zero-interest loan program to encourage citizens to change out old
wood stoves & install radon mitigation systems. This work will be accomplished using additional resources
including backfilling the vacated 0.5FTE position, funding an hourly program assistant or intern, purchasing
safety equipment and air monitoring equipment. Funds were not fully expended for developing air quality
programs due to the unanticipated amount of staff work on asphalt and oil and gas issues in 2014.
9. Database Consulting - $5,510
This request is for the second half of payment for development of a database to store and manage Community
Diversion Rate data. ITX Project is still moving forward. Purchase Order in place needs to be renewed for
completion in 2015.
10. FortZED Engagement and Administration - $28,576
The remaining 2014 funds will be used to support the FortZED community engagement project, Lose-a-Watt
Energy Prize (aka Georgetown University Energy Prize competition). This two year project will engage the Fort
Collins community to help reduce energy use through energy efficiency as part of a national competition for a
$5M prize purse. This project is well aligned as a strategy to assist the community meet goals set forth by the
Climate Action Plan and the Energy Policy. This project did not fully develop until mid-December 2014; hence
it was not funded as part of the budgeting process.
The 2014 funds lapsed due to the unsuccessful agreement of a scope of work with a third party. These
negotiations occurred at the end of the budget cycle and resulted in the project and funds lapsing. The funds
are intended to be used for a technology platform to provide a data and benchmarking information as part of
the re-developed FortZED website.
11. Innovation Fund Program - $45,866
The Municipal Innovation Fund creates a source of funding to develop efficient, innovative improvements to the
City’s physical plant and operational procedures. These improvements focus on reducing costs, reducing
energy and water use, and reducing the City’s environmental and carbon footprint. Projects will be evaluated
by an interdepartmental team using a triple bottom line approach; however, projects that optimize the three
areas will be given priority. Some projects funded in 2013/2014 are pending final invoices/payments but have
been committed in full. Final requests for payment for these approved projects are expected in 2015.
Human Resources
12. Compensation and Career Path Implementation - $30,000
In 2014, the City embarked on an assessment of the current state of Pay-for-Performance, Compensation, and
Career Progression. The Study identified a number of opportunities for improving key strategies and processes
related to Compensation, Performance Management, and Career Progression. The funds requested will be
used for consulting fees associated with the Implementation phase of this Project. Due to the vacancy of the
Compensation Manager position, the Implementation phase of the project was delayed.
Municipal Court
13. Court-Appointed Defense Counsel - $9,000
In 2014, the budgeted amount for court-appointed defense counsel expenses exceeded the original amount
authorized due to changes in the state law which resulted in increased appointments. The Municipal Court
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Judge ordered court-appointed attorneys assigned to represent several different defendants whose cases
began in 2014 and have yet to be concluded or were concluded in 2015. The fee paid for such representation
is billed at the rate of $75.00/hour up to a maximum of $1,675.00 if the case does not go to trial or $2,480.00 if
the case goes to trial.
Due to the complexity of circumstances related to the defense cases involved with these appointments, and
the fact that dispositions have not yet been reached or were reached in late December of 2014, the defense
attorneys have either not yet presented the Court with bills or presented the Court with bills that were paid
using 2015 funds instead of 2014 funds.
14. Court Security Officer - $4,815
In April 2014, City Council approved funding for a new Court Security Officer position for the Municipal Court.
Due to the lengthy hiring process required for hiring a limited commission officer, the Court was unable to finish
the hiring process until mid-December of 2014. Personnel and equipment costs were anticipated being used
by the Court in 2014. The Court has not been billed for all of the equipment or costs associated with the hiring
of this officer to date, but anticipate receiving these bills in early 2015.
Natural Areas
15. Northern Integrated Supply Project (NISP) - $85,045
The purpose of these funds is to support the City’s analysis of the Supplemental Draft Environmental Impact
Statement (SDEIS) for the Northern Integrated Supply Project (NISP). Publication of the SDEIS has been
repeatedly delayed by the Army Corps. Staff expects the publication of the SDEIS to be in June or July of
2015.
Operation Services
16. Relocation of the Historic Butterfly Building - $250,000
At present, the Creamery Laboratory building is located on the site for the new Utilities Administration Building.
It will need to be moved and special requirements of the Landmark Preservation Commission (LPC) will need
to be fulfilled. Moving costs and the associated cost to re-purpose this building were not included in the new
Utility Building project budget. These costs are to be funded from Operation Services major maintenance
budget. The Landmark Preservation Commission has made substantial requests for the relocated Creamery
Laboratory building that needs to be completed with the new construction and have it ready to be occupied
along with the new Utilities Administration building.
This process began in mid-2014; however, the complexity of designing the new administration building to
compliment the laboratory building delayed the project. Approval from the LPC to relocate the building was
received on February 11, 2015 and this gives the City a better understanding of the overall costs involved in
the relocation effort.
Parks
17. Median Renovation - $13,423
Median renovation funds are one-time funding for major renovations of medians beyond the amount the Parks
Division receives on an on-going basis for small median renovations. These funds are the remaining budget
for median renovations in 2014. These funds will be added to the 2015 budget for the design work on the East
Horsetooth/South Lemay median renovation project.
18. Lifecycle Funding - $89,610
Lifecycle funds are used for replacement of park infrastructure, and renovating and re-mulching medians.
These specific median lifecycle funds were not spent as anticipated in 2014 due to the high volume of
construction activity in the area making it difficult to obtain bids, contractors and traffic control permits.
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Agenda Item 5
Item # 5 Page 5
Social Sustainability
19. Human Services Program - $4,496
The Human Services Program is requesting a total of $4,496 in reappropriation funding of which $1,722 is to
be allocated to the non-profit agency, Education & Life Training Center (ELTC). The agency was awarded
these funds through a competitive process and the agency was unable to spend all funds by close of 2014.
The remaining $2,774 is for printing and the reception to introduce the “Human Service Partners: A Community
Snapshot” report. Due to unforeseen delays in CPIO, the final report was not completed until January 2015.
20. Affordable Housing Fund - $449,064
The Affordable Housing Funds are allocated annually to support critical affordable housing needs in the City of
Fort Collins. They were awarded in the fall cycle of the Competitive Process to housing service providers to
further the goals identified in the City’s Affordable Housing Strategic Plan. The second reading of the
ordinance approving the allocation of the funds occurred on December 10, 2014. Any un-allocated funds are
intended to accumulate in the fund to meet future affordable housing needs.
Although the funds were committed, it wasn’t possible to negotiate and complete project contracts prior to the
year end, which meant that purchase orders could not be established. Some funds are allocated as match
funding for projects receiving federal HOME/Community Development Block Grant (CDBG) dollars. These
projects cannot be contracted until all federal requirements have been met. The Home Buyer Assistance
program is a City managed program to which funds are not contracted or encumbered but wired to closing as
individual loans are approved.
GOLF FUND
21. Golf Driving Range Supplies - $40,000
This request will fund the purchase of range balls at the three City-owned golf courses. These funds were not
expended in 2014 due to delays in finding sponsorships for the range balls. Logos of sponsors are stamped
onto the balls as part of the sponsorship agreements. As of December 2014 sponsorships had not been
finalized.
KEEP FORT COLLINS GREAT FUND
Community Development & Neighborhood Services
22. Design Assistance Program - $1,224
The Design Assistance Program (DAP) was established by Council to address compatibility issues in the
Eastside and Westside Neighborhoods. By incentivizing the use of pre-qualified professionals with success in
context-sensitive historic design, the DAP helps to enhance the compatibility of size, massing, and character of
new construction within the historic core neighborhoods, lessening neighborhood concerns. DAP funds are
limited to $2,000 per project and, in 2014, requests were insufficient to fully utilize the total amount budgeted.
However, with the steady increase in requests being received (5 to date in 2015); it appears that the budgeted
amount will soon be depleted. This reappropriation would supplement the amount available and provide
additional assistance, helping to promote Council’s objective.
23. Historic Preservation Grants - $12,401
These funds are used for mailings, printing and similar outreach services in support of Historic Preservation
programs, and will be used to fulfill grant-related requirements to provide a historic context, architectural
survey, and survey report to each owner of property in the 15-block Loomis Addition. Nearing completion, the
grant requires that a copy of this context be provided to each property owner. A copy of each survey form and
the accompanying survey report must also be provided to each property owner. These funds will cover the
costs of producing and disseminating these documents.
24. Landmark Rehabilitation Program - $14,432
This program provides promised funds for owners who have been given landmark rehabilitation loan awards,
but have not yet completed their work, as well as to fund additional loan awards. Recipients of Landmark
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Agenda Item 5
Item # 5 Page 6
Rehabilitation Loans have two years in which to complete the work and request reimbursement. In 2014,
$18,000 in fund requests were received, resulting in the program having unanticipated extra funds. In 2015,
the Commission has received requests for $35,626 in loan funds matched by $78,500 of owner funds, which
will result in $114,000 worth of new sustainable rehabilitation work on older housing stock. One-third of these
requests cannot be funded in 2015 without this reappropriation.
25. Oil and Gas - $46,379
Staff spent the majority of 2013 and 2014 developing policy on the Oil and Gas issue, securing an operator
agreement, legal activities, and conducting interim air quality monitoring. A contract was signed at the end of
2014 with Geosyntec to conduct the groundwater quality monitoring, but the funds were not able to be
encumbered. In addition, the funds will be used for follow up on the baseline inspections conducted at the
existing operations within City limits and to further investigate results, as needed, from the baseline air quality
monitoring in 2014 and groundwater sampling data to be collected.
26. Old Town Neighborhoods Plan - $9,032
This request will utilize the remaining funds from the Lincoln Corridor Plan and to support the Old Town
Neighborhoods Plan. The remaining funds for the Lincoln Corridor Plan were identified for the final phase of
public outreach. This balance will be used for the same purpose in supporting the Old Town Neighborhoods
Plan public outreach process. During this past year, an exhaustive public process led to a Preliminary street
design for the Lincoln Corridor. The public process was extended for several months to provide additional
information in preparation for the final Council hearing in May 2014.
27. West Central Area Plan - $2,260
The West Central Area Plan update process began in January 2014 and was intended to be completed within
a 15-month schedule. Significant work was completed on the plan in 2014, which included extensive public
outreach, consultant services, staff planning tasks, and production costs. Staff is requesting reappropriation of
the remaining funding to complete the project within the first quarter of 2015, in accordance with the original
budget and schedule.
Communications and Public Involvement Office
28. Public Engagement - $22,184
Funding supports implementation of key objectives of the City’s Public Engagement Strategic Plan: to better
equip City staff to successfully manage public engagement projects, foster an engaged citizenry, and ensure
accountability through improved reporting. Funding allocated to support socio-demographic research and
implementation of staff public engagement training was not fully expended due to unanticipated medical leave
of Civic Engagement Specialist in Q4 2014 and Q1 2015. Work is resuming through the City’s Public
Engagement Team and with Civic Engagement Liaison support during remainder of 2015.
Cultural Services/Museum
29. Museum of Discovery Display Cases - $19,250
KFCG funds were designated for the Museum to purchase and install additional museum casework to be
added to the galleries to enhance the visitor experience. Staff focus in 2014 was on the design and installation
of the “FC150 A Sesquicentennial Celebration” exhibit. The KFCG funded cases were designed and bid out in
the third quarter of 2014, but the contract was not signed until the fourth quarter of 2014 with delivery of the
cases scheduled for early 2015.
Environmental Services
30. Road to Zero Waste - $41,107
Part of these funds will be used to pay for development and construction of a trash and recycling enclosure in
Montezuma Fuller Alley at the Oak Street parking lot. It will allow businesses in the area to abide by the
cardboard ordinance, which they currently cannot do due to lack of space for a recycling bin. The project will
also beautify this high-visibility area. Additional projects will also be implemented based on recommendations
Packet Pg. 92
Agenda Item 5
Item # 5 Page 7
from the Road to Zero Waste plan. The projects were delayed due to many factors, but are moving forward
now and are expected to be completed in 2015.
Natural Areas
31. Ecosystem Response Model - $56,196
The purpose of these funds is to develop the Poudre River Ecosystem Response Model and to further utilize
the model to help analyze the Northern Integrated Supply Project’s Supplemental Draft Environmental Impact
Statement (SDEIS). Publication of the SDEIS was delayed, but staff expects it to be published in June or July
of 2015.
32. Poudre River Ecological Restoration and Rehabilitation - $256,998
These funds were appropriated for stream restoration and rehabilitation and supported extensive restoration of
the Poudre River channel and bank at several locations, including Sterling Natural Area and McMurry Natural
Area. These KFCG funds were matched by Natural Area’s baseline restoration funds and external funds raised
by our non-profit partner, the Colorado Water Trust.
A combination of efficiencies that kept the project under budget and additional funds brought to the table by
The Colorado Water Trust who partnered with us on the Ames diversion removal represents the savings and
carryover. These funds from 2014 will be used for additional Poudre River restoration as part of the Kingfisher
Point/Poudre River Ecological Restoration project underway in 2015 and 2016.
Parking Services
33. Neighborhood Permit Parking Program - $7,176
This program was created in order to provide close and convenient on-street parking for residents by reducing
the volume and impact of non-resident vehicles parking in the neighborhoods. A purchase order had been
issued for signage for the neighborhoods but was closed at the end of the year. Signage is still being added or
amended in the neighborhoods and this requests the balance of unencumbered funds to be used for signage
needed in the neighborhoods.
34. Parking Garage Major Maintenance/Handicap Parking Spaces - $44,999
These funds provide critically needed maintenance and repairs for the Old Town Parking Structure and for the
installation/upgrades of handicap accessible parking spaces in the downtown area. Although work was
planned for the Old Town Parking Structure in 2014, funds could not be encumbered prior to year-end. In
addition, some funds had been encumbered for the installation/upgrades of handicap parking spaces,
however, the concrete company was sold and the Purchase Order was closed prior to year-end. A new
Purchase Order will be issued for this work in 2015 once the funds are reappropriated for work to be
completed in 2015.
Parks
35. Lifecycle Funding - $217,881
Lifecycle funds are used for replacement of park infrastructure, and renovating and re-mulching medians.
Funding of $217,881 will be used to replace lighting at Edora ball fields. There was not sufficient funding
available in 2014 for the project, so these funds will be added to the 2015 budget to fully fund the project.
Traffic
36. Traffic Signal Network Firewall - $20,000
Funds are intended for the installation of a firewall for the Traffic Signal Network. Currently, the signal network
is protected from unauthorized access via an “access control list”. This is a cumbersome method as we
continue to enhance the traffic signal network. More importantly, IT does not believe that the current set up
provides the necessary level of security. They have determined that a hardware firewall is needed to properly
secure the traffic network. This is an IT project that will be funded by Traffic Operations. IT was not able to
schedule and complete the work in 2014 due to other priorities.
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Agenda Item 5
Item # 5 Page 8
LIGHT & POWER FUND
37. Solar Rebate Incentives - $18,000
Solar garden funding was budgeted for $250,000 in both 2013 and 2014. Due to construction delay of four
residential solar electric installations we are requesting reappropriation of 2014 funds so that the awarded
rebate incentives can be paid in 2015.
TRANSPORTATION FUND
FC Moves
38. Transportation Planning and Engineering Consultation - $28,000
The City of Fort Collins, Colorado has contracted with Atkins to perform on-call Transportation Planning
Studies and related analyses to evaluate long range and short term multi-modal transportation needs.
Assignments or tasks will be assigned on an as needed basis. The purpose of this request is to extend this on-
call through the end of 2015, including but not limited to the Larimer County Urban Street Standards and
Master Streets Plan updates, and the Land use code amendments.
The funds were not fully expended in 2014 as the need to utilize this on-call contract did not occur. The
expected tasks for 2015 were initiated internally by staff in 2014 however; the items to be assigned to the on-
call consultants were not scheduled to begin until 2015.
CITY FINANCIAL IMPACTS
This Ordinance increases 2015 appropriations by $2,055,209. A total of $1,197,690 is requested for
reappropriation in the General Fund and $857,519 is requested from various other City funds. Reappropriation
requests represent amounts budgeted in 2014 that were not expended and not encumbered at year-end. The
appropriations are from 2014 prior year reserves.
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ORDINANCE NO. 044, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPROPRIATING FUNDS PREVIOUSLY APPROPRIATED IN 2014
BUT NOT EXPENDED AND NOT ENCUMBERED IN 2014
WHEREAS, City Council authorized expenditures in 2014 for various purposes in the
General Fund, Keep Fort Collins Great Fund, Golf Fund, Light & Power Fund, and
Transportation Fund, a portion of which were not spent or encumbered in 2014; and
WHEREAS, Article V, Section 11 of the City Charter requires that all appropriations
unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or
special fund, except that appropriations for capital projects and federal or state grants do not
lapse until the completion of the capital project or until the expiration of the federal or state
grant; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, it is in the best interests of the City and its residents to re-appropriate funds
for the expenditures below, in furtherance of these expenditures authorized in 2014 for which
such appropriated funds were not expended and not encumbered during 2014.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That there is hereby appropriated for expenditure from prior year reserves
in the General Fund the sum of ONE MILLION ONE HUNDRED NINETY SEVEN
THOUSAND SIX HUNDRED NINETY DOLLARS ($1,197,690) for the following purposes:
Attorney Search Services $ 55,000
DDA Ramps Project 868
Performance Excellence Consulting 12,438
Historic Preservation 7,642
Nature in the City 34,964
Comcast Negotiations 44,249
Foothills Metropolitan District 13,750
Clean Air Quality Programs 13,374
Database Consulting 5,510
FortZED Engagement & Administration 28,576
Innovation Fund Program 45,866
Compensation & Career Path Implementation 30,000
Court Appointed Defense Counsel 9,000
Court Security Officer 4,815
Northern Integrated Supply Project 85,045
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Relocation of the Historic Butterfly Building 250,000
Median Renovation 13,423
Lifecyle Funding 89,610
Human Services Program 4,496
Affordable Housing 449,064
Total General Fund $1,197,690
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the Golf Fund the sum of FORTY THOUSAND DOLLARS ($40,000) for Golf Driving
Range Supplies.
Section 3. That there is hereby appropriated for expenditure from prior year reserves
in the Keep Fort Collins Great Fund the sum of SEVEN HUNDRED SEVENTY ONE
THOUSAND FIVE HUNDRED NINETEEN DOLLARS ($771,519) for the following
purposes:
Design Assistance Program $ 1,224
Historic Preservation Grants 12,401
Landmark Rehabilitation Program 14,432
Oil and Gas 46,379
Old Town Neighborhoods Plan 9,032
West Central Area Plan 2,260
Public Engagement 22,184
Museum of Discovery Display Cases 19,250
Road to Zero Waste 41,107
Ecosystem Response Model 56,196
Poudre River Ecological Restoration & Rehab 256,998
Neighborhood Permit Parking Program 7,176
Parking Garage Major Maintenance/ADA Parking 44,999
Lifecycle Funding - Parks 217,881
Traffic Signal Network Firewall 20,000
Total Keep Fort Collins Great Fund $771,519
Section 4. That there is hereby appropriated for expenditure from prior year reserves
in the Light and Power Fund the sum of EIGHTEEN THOUSAND DOLLARS ($18,000) for
Solar Rebate Incentives.
Section 5. That there is hereby appropriated for expenditure from prior year reserves
in the Transportation Fund the sum of TWENTY EIGHT THOUSAND DOLLARS ($28,000) to
be used for Transportation Planning and Engineering Consultation.
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Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2015, and to be presented for final passage on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 97
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Dan Coldiron, Chief Information Officer
SUBJECT
First Reading of Ordinance No. 053, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of
Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to Make
Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights-of-Way,
Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and
Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City.
EXECUTIVE SUMMARY
The purpose of this item is to request a second extension of the current Cable Franchise Agreement between
the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of 47 days to July 31,
2015. The current, extended agreement expires June 14, 2015. City staff and Comcast representatives have
reached mutual agreement on the final elements of the new agreement. The additional 47 days will allow for
more time for public input prior to the consideration of the new agreement by Council. The proposed extension
will maintain the terms and conditions of the existing Franchise for the duration of the extension.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado,
LLC (Comcast) was adopted by City Council on March 7, 2006. The current Franchise agreement would have
expired on March 16, 2015, but was extended 90 days and will now expire on June 14, 2015.
The Federal Telecommunications Act allows cities and cable companies to begin negotiations up to 36 months
prior to the expiration of a franchise. The City began the process in February, 2013 by issuing a Request for
Proposal for consulting services to obtain a community needs assessment. Staff first met with City Council in
April, 2014 to present the needs assessment report, identify issues to be addressed in the negotiations, and to
obtain Council direction related to those issues.
Over the course of the ensuing 10 months, City staff and Comcast negotiators met frequently and negotiated
terms for most of the franchise requirements. In order to reach final agreement on the final unresolved items
being considered during the negotiations, an extension to the existing agreement was requested of and
adopted by Council on March 3, 2015. The City’s negotiation team and Comcast representatives have since
reached agreement on all remaining items and are ready to present the final agreement to Council for
consideration.
In order to allow additional time for public input on the proposed new franchise agreement, an additional 47
day extension is now being requested. The current franchise would then expire on July 31, 2015.
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ORDINANCE NO. 053, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXTENDING THE TERMS OF A NON-EXCLUSIVE FRANCHISE BY
THE CITY OF FORT COLLINS TO COMCAST OF CALIFORNIA/COLORADO LLC
AND ITS SUCCESSORS AND ASSIGNS FOR THE RIGHT TO MAKE
REASONABLE USE OF, AND ERECT, CONSTRUCT, OPERATE AND
MAINTAIN THROUGH, THE PUBLIC RIGHTS-OF-WAY, EASEMENTS
AND OTHER PUBLIC PROPERTY ANY EQUIPMENT NECESSARY AND
APPURTENANT TO THE OPERATION AND MAINTENANCE OF A
CABLE SYSTEM AND THE PROVISION OF CABLE SERVICES TO
CITIZENS WITHIN THE CITY
WHEREAS, Comcast of California/Colorado LLC (“Comcast”), currently holds a cable
franchise (the “Franchise”) with the City of Fort Collins, granted by Ordinance No. 010, 2006,
on March 7, 2006; and
WHEREAS, the Franchise was scheduled to expire by its terms on March 16, 2015; and
WHEREAS, on March 3, 2015, the City Council adopted Ordinance No. 020, 2015,
extending the Franchise for 90 days, until June 14, 2015, to allow Comcast and the City to finish
negotiating a renewal of the Franchise; and
WHEREAS, Comcast and the City have completed negotiations, but in order to allow
additional time for public input on the proposed new franchise agreement, staff has been asked to
revise the schedule for Council consideration of the new agreement; and
WHEREAS, Comcast and the City are therefore requesting a second extension of the
Franchise for an additional 47 days, concluding July 31, 2015; and
WHEREAS, it is in the best interests of the citizens of the City to extend the term of the
Franchise for an additional 47 days; and
WHEREAS, neither party waives any right that it enjoys under law as a result of agreeing
to this Franchise extension, and Comcast shall not be required to file any additional request or
document in order to preserve its right of renewal under Section 626 of the Cable Act; and
WHEREAS, Comcast has agreed to the extension of the Franchise as set forth in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT COLLINS, COLORADO, as follows:
Section 1. That the Franchise between Comcast and the City, as previously extended
pursuant to Ordinance No. 020, 2015, is hereby extended for a period of 47 days, to expire on
July 31, 2015. The Franchise shall remain in effect, pursuant to the terms and conditions
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contained therein, until the new expiration date, or until a new agreement is entered into between
the parties, or until the Franchise is terminated pursuant to its terms.
Section 2. That if any portion of this ordinance is held to be unconstitutional or
invalid for any reason, such decision shall not affect the constitutionality or validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each part hereof irrespective of the fact that any one part be declared
unconstitutional or invalid.
Section 3. That all other ordinances or portions thereof inconsistent or conflicting
with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency
or conflict.
Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2015, and to be presented for final passage on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 100
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Patrick Rowe, Real Estate Specialist
SUBJECT
First Reading of Ordinance No. 048, 2015, Authorizing the Conveyance of City Property to Walnut Street 354,
LLC.
EXECUTIVE SUMMARY
The purpose of this item is to convey approximately 3,800 square feet of City property to Walnut Street 354,
LLC for utilization in the development of a downtown hotel and convention center at 354 Walnut Street, the
former location of the Armadillo Restaurant. The property will be purchased by the developer at fair market
value, as determined by the City. Additionally, the conveyance will be subject to a public access and utility
easement reservation which allows the subject property to continue to be utilized for these purposes, just as it
is today.
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
BACKGROUND / DISCUSSION
The owner and developer of 354 Walnut Street (the Developer) is proposing a 165-room, 85,000 square foot
downtown hotel and convention center development on the property, formerly the Armadillo Restaurant. The
City owns an adjacent property 20 feet wide and approximately 3,800 square feet in size, which was originally
thought to be public right-of-way/alleyway given that its use and function were supportive of this conclusion.
Subsequent research by the City confirmed the strip is not public right-of-way, but rather property owned by
the City in fee (acquired by deed on August 18,1879).
To maximize the use of the Developer’s relatively small site, the Developer will need to construct its project to
the edge of the lot (also known as the zero lot line) over a majority of the site. Zero lot line development is
permitted by City Code in the Downtown zoning district and is typical of development in downtown. In order to
accommodate windows along the side of a building of a zero lot line development, the City Code and
practicality dictate a setback from adjacent development so that windows aren’t flush against an adjacent zero
lot line development. Windows along all sides of the hotel development are an absolute requirement for the
project to remain financially feasible. Given that the adjacent City property is not public right-of-way, coupled
with the Developer’s need to maximize use of their relatively small site through a zero lot line development, the
Developer has requested to resolve the setback issue by soliciting the City for the acquisition of its adjacent
parcel. The Developer would acquire the property at its fair market value and has agreed to a reservation by
the City for public access and utilities, which will allow the property to continue to function in the same way it
does currently. Additionally, as a negotiated point, the Developer has agreed to assume all maintenance
responsibility for the property, which includes maintaining the public access improvements (the City and third
party utility providers will remain responsible for any utility improvements).
The City’s Real Estate Department has valued the property interests at $124,500. This is based on a land
value of $65.50/square foot, subject to a 50% reduction in value to account for the reserved public access and
utility easement which substantially limits the use of the property. The value and methodology has been
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Agenda Item 7
Item # 7 Page 2
confirmed with a local commercial (MAI designated) appraiser. In addition to the property value, the City will
also collect a typical processing fee of $1,000 to account for staff time on the request. Total compensation will
be $125,500.
CITY FINANCIAL IMPACTS
The consideration for the conveyance is based on the fair market value of the property. The City’s Real Estate
Services Department researched downtown sales and relied on several recent appraisal reports of downtown
properties to determine the value. Though land sales are nearly non-existent in downtown, there have been
several sales which reflect land sale rates given the obsolescence of the improvements.
The City’s Real Estate Department has valued the property interests at $124,500. This is based on a land
value of $65.50/square foot, subject to a 50% reduction in value to account for the reserved public access and
utility easement which substantially limits the use of the property. The value and methodology has been
confirmed with a local commercial (MAI designated) appraiser. In addition to the property value, the City will
also collect a typical processing fee of $1,000 to account for staff time on the request. Total compensation will
be $125,500.
Additionally, the Developer has agreed to accept maintenance of the property, including the public access
improvements, which relieves the City of this obligation.
PUBLIC OUTREACH
All property owners contiguous to the proposed conveyance property were contacted. In addition to the
owner/developer of 354 Walnut Street, this included one other property owner. With the reservation of public
access across the property, the other contiguous property owner did not have any concerns. More extensive
outreach was not deemed necessary given that the City's current use of the property will remain through a
reserved public access easement.
ATTACHMENTS
1. Sustainability Assessment Summary and Tool (PDF)
2. Location Map (PDF)
Packet Pg. 102
SUSTAINABILITY ASSESSMENT SUMMARY
DATE: April 8, 2015
SUBJECT: Sustainability Assessment (SA) Summary for
Summary:
Owner and developer of 354 Walnut Street has requested the purchase of 3,800 sq ft of City
owned property that is located immediately adjacent to the owner’s property. The conveyance
will be subject to a reservation for public access to ensure that the 20’ wide City owned property
continues to function as it does today, providing pedestrian and vehicular access to a rear
alleyway. The sale of the property will be valued at current market value.
Generally, our group thought the action of selling 3,800 sq ft of City property to the property
owner/developer interested in developing a downtown hotel, while retaining a public access
easement across the property, was a relatively benign action in terms of its direct impacts
socially, economically, and environmentally. That said, we did assess incremental and positive
impacts in these same areas relative to the downtown hotel which will be more successful as a
result of the conveyance. Please refer to our report for specific conclusions and discussions in
these areas.
Economic , 2.0 Social , 2.0
Environmental
‐1.5
Rating
Average, 1.7
‐4.0
‐3.0
‐2.0
‐1.0
0.0
1.0
2.0
3.0
4.0
Sustainability Rating
Rating without mitigation Rating with mitigation
Rating Legend
3 Very positive
2 Moderately positive
1 Slightly positive
0 Not relevant or neutral
-1 Slightly negative
-2 Moderately negative,
impact likely
-3 Very negative, impact
expected
ATTACHMENT 1
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Attachment7.1: Sustainability Assessment Summary and Tool (3069 : Conveyance-Walnut Street 354, LLC)
*The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1
City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT)
(November 2014)
Creating a sustainable community
Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental,
human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we
depend.
How to use the tool
The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social
equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment
Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine:
• The process for cross-department collaboration in using the SAT
• Timing for applying a SAT
• When to apply a SAT
• How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings
Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php
The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some
of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making.
Brief description of proposal
Please provide a brief description of your proposal – 100 words or less
Owner and developer of 354 Walnut Street has requested the purchase of 3,800 sq ft of City owned property that is located immediately adjacent to the owner’s
property. The conveyance will be subject to a reservation for public access to ensure that the 20’ wide City owned property continues to function as it does
today, providing pedestrian and vehicular access to a rear alleyway. The sale of the property will be valued at current market value.
Staff lead(s):
Please note staff name, position/division and phone number
Patrick Rowe, Real Estate Specialist III, x6127
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2
Social Equity
Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil,
political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a
safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the
differences among people. Emphasizing justice, impartiality, and equal opportunity for all.
Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing,
education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and
seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender,
relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are
addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how
the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in
creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis.
Is this proposal affected by any current policy, procedure or action plan?
Has advice been sought from organizations that have a high level of
expertise, or may be significantly affected by this proposal?
Proposal Description
Owner and developer of 354 Walnut Street has requested the purchase of
3,800 sq ft of City owned property that is located immediately adjacent to the
owner’s property. The conveyance will be subject to a reservation for public
access so that the 20’ wide City owned property can continue to function as it
does today, providing pedestrian and vehicular access to a rear alleyway. The
sale of the property will be valued at current market value.
The proposal is for the request of the conveyance of 3,800 sq ft of City property
subject to a public access easement reservation. This analysis is not meant to
evaluate the idea of a downtown hotel, but rather the development
opportunities with this sale and without this sale.
1. Meeting Basic Human Needs
• How does the proposal impact access to food, shelter,
employment, health care, educational and recreational
opportunities, a safe and healthy living environment or
social services?
• Does this proposal affect the physical or mental health of
individuals, or the status of public health in our community?
• How does this proposal contribute to helping people achieve
and maintain an adequate standard of living, including housing,
or food affordability, employment opportunities, healthy families,
or other resiliency factors?
Analysis/Discussion
*Conveyance of the City property facilitates a zero lot line development (on the
existing site) with windows. Windows are an important construction
component (in addition to being a financial necessity for a hotel) allowing for
natural daylighting and views into the hotel.
*Our group did not believe that the conveyance impacted the likelihood that
future development would restrict daylight access to adjacent property owners.
*Direct and indirect driver of employment (e.g., hotel staff and additional
downtown employment as a result of hotel guests spending money in the
downtown area).
2. Addressing Inequities and being Inclusive *Inclusive to public by reserving public access uses as condition of conveyance
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3
• Are there any inequities to specific population subsets in this
proposal? If so, how will they be addressed?
• Does this proposal meet the standards of the Americans with
Disabilities Act?
• How does this proposal support the participation, growth
and healthy development of our youth? Does it include
Developmental Assets?
• If the proposal affects a vulnerable section of our community (i.e.
youth, persons with disabilities, etc.)
(i.e., not outright sale of property, the public will still be able to use the 20’ strip
for access).
3. Ensuring Community Safety
• How does this proposal address the specific safety and
personal security needs of groups within the community,
including women, people with disabilities, seniors, minorities,
religious groups, children, immigrants, workers and others?
*May result in public access enhancements (aesthetic, art components, other
feature enhancements consistent with an alleyway) as a result of
redevelopment of adjacent site.
4. Culture
• Is this proposal culturally appropriate and how does it affirm
or deny the cultures of diverse communities?
• How does this proposal create opportunities for artistic and
cultural expression?
*Our group did not believe that the conveyance had a direct cultural aspect,
but did believe the project was in keeping with downtown uses and would be a
welcome addition to the more typical bar and retail developments.
5. Addressing the Needs of Neighborhoods
• How does this proposal impact specific Fort Collins
neighborhoods?
• How are community members, stakeholders and interested
parties provided with opportunities for meaningful participation
in the decision making process of this proposal?
• How does this proposal enhance neighborhoods and
stakeholders’ sense of commitment and stewardship to our
community?
*None – given that property will continue to be used in as an alleyway, just as it
does today.
6. Building Capacity to Advance Social Equity
• What plans have been made to communicate about and
share the activities and impacts of this proposal within the
City organization and/or the community?
• How does this proposal strengthen collaboration and
cooperation between the City organization and community
members?
*None – given that property will continue to be used as an alleyway, just as it
does today.
Social Equity Summary
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4
Overall, we felt like the conveyance was moderately positive since it will facilitate a more substantial development of the adjacent site while maintaining the
public access uses that the site is used for today.
Key issues:
*Facilitates the full development of an adjacent site into a downtown hotel. Without the site, which is being utilized as a setback, the downtown hotel would
need to be significantly smaller (it’s conceivable that such a smaller project may not be financially feasible, though such a conclusion is beyond the scope of this
analysis).
*Public access is being maintained across the site.
Potential mitigation strategies:
Overall, the effect of this proposal on social equity would be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus Yes
Rating represents group average Yes
+3 +2 +1 0 ‐1 ‐2 ‐3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
X
Environmental Health
Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to
climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural
resources.
Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for
support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify
and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and
waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources.
Analysis Prompts
• The prompts below are examples of issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for
any one project. Issues not covered by these prompts may be very pertinent
to a proposal - please include them in the analysis.
• Is this proposal affected by any current policy, procedure or action
plan? Has advice been sought from organizations that have a high level
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Attachment7.1: Sustainability Assessment Summary and Tool (3069 : Conveyance-Walnut Street 354, LLC)
5
of expertise, or may be significantly affected by this proposal?
1. Environmental Impact
• Does this proposal affect ecosystem functions or
processes related to land, water, air, or plant or
animal communities?
• Will this proposal generate data or knowledge related to the
use of resources?
• Will this proposal promote or support education in
prevention of pollution, and effective practices for
reducing, reusing, and recycling of natural resources?
• Does this proposal require or promote the continuous
improvement of the environmental performance of the City
organization or community?
• Will this proposal affect the visual/landscape or aesthetic
elements of the community?
Analysis/Discussion
*Refer to section summary.
2. Climate Change
• Does this proposal directly generate or require the
generation of greenhouse gases (such as through
electricity consumption or transportation)?
• How does this proposal align with the carbon reduction goals for
2020 goal adopted by the City Council?
• Will this proposal, or ongoing operations result in an
increase or decrease in greenhouse gas emissions?
• How does this proposal affect the community’s efforts to reduce
greenhouse gas emissions or otherwise mitigate adverse climate
change activities?
*Refer to section summary.
3. Protect, Preserve, Restore
• Does this proposal result in the development or modification
of land resources or ecosystem functions?
• Does this proposal align itself with policies and procedures
related to the preservation or restoration of natural habitat,
greenways, protected wetlands, migratory pathways, or the
urban growth boundary
• How does this proposal serve to protect, preserve, or restore
important ecological functions or processes?
*Refer to section summary.
4. Pollution Prevention
• Does this proposal generate, or cause to be generated,
*Refer to section summary.
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Attachment7.1: Sustainability Assessment Summary and Tool (3069 : Conveyance-Walnut Street 354, LLC)
6
waste products that can contaminate the environment?
• Does this proposal require or promote pollution prevention
through choice of materials, chemicals, operational practices
and/or engineering controls?
• Does this proposal require or promote prevention of
pollution from toxic substances or other pollutants
regulated by the state or federal government?
• Will this proposal create significant amounts of waste or
pollution?
5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle
• Does this proposal prioritize the rethinking of the materials or
goods needed, reduction of resource or materials use, reuse of
current natural resources or materials or energy products, or
result in byproducts that are recyclable or can be re-circulated?
*Refer to section summary.
6. Emphasize Local
• Does this proposal emphasize use of local materials,
vendors, and or services to reduce resources and
environmental impact of producing and transporting
proposed goods and materials?
• Will the proposal cause adverse environmental effects
somewhere other than the place where the action will take
place?
*Not applicable/no change (conveyance will result in change of ownership,
though City will reserve public access rights so property can continue to
operate in same manner as it does today).
Environmental Health Summary
Primarily our group did not feel that the conveyance of the property would result in noteworthy environmental impacts given that the function of the
strip of property would be maintained through the City’s reservation of an access easement. We agreed as a group that to the extent that the
conveyance makes it more likely that the adjacent property redevelops into a hotel site, brings several positive environmental benefits (this is
straying into evaluating the hotel rather than the proposed conveyance, but we felt this was appropriate for this section given that the proposal itself
doesn’t result in any changes in the current use/function of the property):
*Hotel in an urban environment cuts down on vehicle traffic as guests can utilize other modes (public transportation, walking, etc.)
*Positive environmental impact to redevelop vacant (perhaps even blighted site to some) urban site versus the development of a green site (i.e.,
vacant land).
Key issues:
Potential mitigation strategies:
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7
Overall, the effect of this proposal on environmental health would be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus Yes
Rating represents group average Yes
+3 +2 +1 0 ‐1 ‐2 ‐3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
X
Economic Health
Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy,
enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs.
Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis
• Is this proposal affected by any current policy, procedure or action plan? Has
advice been sought from organizations that have a high level of expertise, or
may be significantly affected by this proposal?
1. Infrastructure and Government
• How will this proposal benefit the local economy?
• If this proposal is an investment in infrastructure is it designed
and will it be managed to optimize the use of resources
including operating in a fossil fuel constrained society?
• Can the proposal be funded partially or fully by grants, user
fees or charges, staged development, or partnering with
another agency?
• How will the proposal impact business growth or operations
(ability to complete desired project or remain in operation), such
as access to needed permits, infrastructure and capital?
Analysis/Discussion
*Economic Health Impacts discussion spanned several areas. Please refer to
section summary.
2. Employment and Training
• What are the impacts of this proposal on job creation
within Larimer County?
• Are apprenticeships, volunteer or intern opportunities
*Economic Health Impacts discussion spanned several areas. Please refer to
section summary.
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8
available?
• How will this proposal enhance the skills of the local workforce?
3. Diversified and Innovative Economy
• How does this proposal support innovative or
entrepreneurial activity?
• Will “clean technology” or “green” jobs be created in this
proposal?
• How will the proposal impact start-up or existing businesses or
development projects?
*Economic Health Impacts discussion spanned several areas. Please refer to
section summary.
4. Support or Develop Sustainable Businesses
• What percentage of this proposal budget relies on local services
or products? Identify purchases from Larimer County and the
State of Colorado.
• Will this proposal enhance the tools available to businesses
to incorporate more sustainable practices in operations and
products?
• Are there opportunities to profile sustainable and socially
responsible leadership of local businesses or educate
businesses on triple bottom line practices?
*Economic Health Impacts discussion spanned several areas. Please refer to
section summary.
5. Relevance to Local Economic Development Strategy
*Economic Health Impacts discussion spanned several areas. Please refer to
section summary.
Economic Prosperity Summary
As stated in prior sections, the proposal to convey property helps to facilitate the development of an adjacent property as a downtown hotel.
Without the conveyance it’s possible the hotel would not be feasible or would have to be reimagined in size and scope. Viewed from that lens, the
incremental economic impact associated with selling 3,800 sq ft and reserving a public access easement across the property, is a significant
positive. Our group’s shared consensus was that a more successful hotel project would result in an increase in the following economic impacts:
-increased direct and indirect employment
-increased tax generation
-compensation for conveyance will go into the general fund and can be utilized for future value added City activities
Key issues:
Potential mitigation strategies:
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9
Overall, the effect of this proposal on economic prosperity will be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus Yes
Rating represents group average Yes
+3 +2 +1 0 ‐1 ‐2 ‐3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
X
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Attachment7.1: Sustainability Assessment Summary and Tool (3069 : Conveyance-Walnut Street 354, LLC)
ATTACHMENT 2
Packet Pg. 113
Attachment7.2: Location Map (3069 : Conveyance-Walnut Street 354, LLC)
- 1 -
ORDINANCE NO. 048, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF CITY PROPERTY
TO WALNUT STREET 354, LLC
WHEREAS, the City is the owner of a parcel of land located in downtown Fort Collins as
more particularly described on Exhibit A, attached and incorporated herein by reference (the
“City Property”); and
WHEREAS, the City Property was acquired by the City by deed in 1879, and is used as a
public alleyway; and
WHEREAS, Walnut Street 354, LLC (“Developer”) is the owner of property adjacent to
the City Property, on which Developer is proposing to construct a hotel and convention center
(the “Development Property”); and
WHEREAS, to maximize the use of the Development Property, Developer intends to
construct its project to the edge of the lot over most of the site, including the side that abuts the
City Property; and
WHEREAS, in order to provide the setback required to have windows on the side of the
hotel facing the City Property, Developer has asked to purchase the City Property; and
WHEREAS, as part of the proposed sale of the City Property, the City would reserve
public access and utility easements over it so that the City Property could continue to be used for
its current purposes; and
WHEREAS, the City and Developer have negotiated a price of $124,500 for the City
Property, based on its fair market value; and
WHEREAS, Developer would also pay an administrative fee of $1000 for staff time to
process the purchase request; and
WHEREAS, City staff believes that facilitating the development of a downtown hotel in
this way is in the best interests of the City, and that the conveyance of the City Property should
have no negative impacts on the City as the current use of the City Property will be preserved
through the reserved easements; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any and all interests in real property owned in the name of the
City, provided that the City Council first finds, by ordinance, that such sale or other disposition
is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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- 2 -
Section 1. That the City Council hereby finds that the conveyance of the City
Property to Walnut Street 354, LLC as provided herein is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the City Property to Walnut Street 354, LLC on terms and conditions
consistent with this Ordinance, together with such additional terms and conditions as the City
Manager, in consultation with the City Attorney, determines are necessary or appropriate to
protect the interests of the City, including, but not limited to, any necessary changes to the legal
description of the City Property, as long as such changes to not materially increase the size or
change the character of the property interest to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2015, and to be presented for final passage on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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EXHIBIT A
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Attachment1: Exhibit A (3079 : Conveyance-Walnut Street 354 ORD)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Karen McWilliams, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No. 049, 2015, Designating the Holmes/Manges Property, 1202 LaPorte Avenue,
Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort
Collins.
EXECUTIVE SUMMARY
The owner of this property, Sharon Manges, is initiating this request for Fort Collins Landmark designation of
the Holmes/Manges Property, 1202 Laporte Avenue. Built in 1905-06 by J. B. Kuhn, the red brick residence is
a nice example of early twentieth century Classic Cottage architecture. The historic wood frame garage, with
narrow horizontal drop siding, contributes to the architectural significance of the property.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Fort Collins Weekly Courier reported in 1905 that Eugene Holmes had engaged J. B. Kuhn to construct an
eleven room brick residence on Laporte Avenue. The cost was $2,500. Holmes was an educator, and taught
for many years at the Remington School. Described by early historian Ansel Watrous as a “beautiful home on
Laporte Avenue,” the brick dwelling consists of a tall hipped roof with prominent pedimented gables on front
and side elevations. The hipped front porch roof has a small centered gable with returns and is supported by
classical wood columns. The main entry door is paneled with square glazing and is flanked by sash and
decorative transom windows with stone sills and lintels. A second hipped roof porch, with turned spindle
supports, is located on the eastern elevation. The historic two-bay garage features early cross braced garage.
A pair of horizontally-oriented 8 by 8 light windows is found on the western elevation. The building is clad in
narrow horizontal drop siding and covered by a front gabled roof with open eaves and exposed rafter tails.
Purchased by the Manges family in 1970, the Holmes/Manges Property qualifies for Landmark recognition
under Standard C, Design/Construction.
CITY FINANCIAL IMPACTS
Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial
incentive programs available only to Landmark designated properties. Based upon research conducted by
Clarion Associates, the property should see an increase in value following designation. Clarion Associates
attributed this increase to the fact that future owners will also qualify for the financial incentives; the perception
that designated properties are better maintained; the appeal of owning a recognized historic landmark; and the
assurance of predictability that design review offers.
BOARD / COMMISSION RECOMMENDATION
The Landmark Preservation Commission recommends adoption of the Ordinance on First Reading. At a
public hearing held on January 14, 2015, the Landmark Preservation Commission voted unanimously to
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Agenda Item 8
Item # 8 Page 2
recommend designation of this property under Designation Standard (C), for its architectural significance to
Fort Collins.
ATTACHMENTS
1. Location Map (PDF)
2. Landmark Nomination (PDF)
3. Owner Consent (PDF)
4. Photos (PDF)
5. Landmark Preservation Commission Resolution 2, 2015 (PDF)
Packet Pg. 118
JUNIPER CT
N SHIELDS ST
LYONS ST
S MCKINLEY AVE
N MCKINLEY AVE
SYLVA
N CT
JAMITH PL
AVE
N MCKINLEY AVE
C
H
E
R
RY
ST
PEARL ST
N SHIELDS ST
N MCKINLEY AVE
LAPORTE AVE
SYLVAN CT
C
O
L
U
M
B
I
N
E
C
T
LYONS ST
W OAK ST
W MOUNTAIN AVE
MAPLE ST
Site
S MCKINLE
1202 Laporte Ave,
Fort Collins, CO 80521
N
ATTACHMENT 1
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Attachment8.1: Location Map (3057 : Holmes/Manges Designation)
Revised 08-2014 Page 1
Fort Collins Landmark Designation
LOCATION INFORMATION:
Address: 1202 Laporte Avenue, Fort Collins, Colorado 80521
Legal Description: A part of the SE l/4 of the NE l/4 of Section 10, Township 7 North, Range
69 west of the 6th P.M., County of Larimer, state of Colorado, being more particularly
described as follows: Beginning at a point which is 444.16 feet East of Southwest corner of
the SE l/4 of the NE1/4 of said Section 10, thence West 84 feet, thence North 230 feet, thence
East 84 feet, thence South 230 feet to the point of beginning.
Property Name (historic and/or common): Holmes/Manges Property
OWNER INFORMATION:
Name: Sharon Manges
Email: sharonmanges@gmail.com
Address: 1202 Laporte Avenue, Fort Collins, Colorado 80521
CLASSIFICATION
Category Ownership Status Present Use Existing
Designation
Building Public Occupied Commercial Nat’l Register
Structure Private Unoccupied Educational State Register
Site Religious
Object Residential
District Entertainment
Government
Other
FORM PREPARED BY:
Name and Title: Josh Weinberg, Historic Preservation Planner
Address: City of Fort Collins, Historic Preservation Division, 281 North College Avenue, Fort
Collins, CO 80522
Phone: 970-224-6206
Email: jweinberg@fcgov.com
Date Prepared: December 10, 2014.
Planning, Development & Transportation Services
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.41
0
970.22
4- fax
fcgov.c
ATTACHMENT 2
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Attachment8.2: Landmark Nomination (3057 : Holmes/Manges Designation)
Revised 08-2014 Page 2
TYPE OF DESIGNATION and BOUNDARIES
Individual Landmark Property Landmark District
Explanation of Boundaries:
The boundaries of the property to be designated correspond to the legal description of the
property, above.
SIGNIFICANCE and EXTERIOR INTEGRITY
Properties are eligible for designation if they possess both significance and integrity. Significance
is the importance of a site, structure, object or district to the history, architecture, archeology,
engineering or culture of our community, State or Nation. Integrity is the ability of a site, structure,
object or district to be able to convey its significance.
Significance:
Standard A: Events. This property is associated with events that have made a recognizable
contribution to the broad patterns of the history of the community, State or Nation. It is associated
with either (or both) of these two (2) types of events:
1. A specific event marking an important moment in Fort Collins prehistory or history;
and/or
2. A pattern of events or a historic trend that made a recognizable contribution to the
development of the community, State or Nation.
Standard B: Persons/Groups. This property is associated with the lives of persons or groups of
persons recognizable in the history of the community, State or Nation whose specific contributions
to that history can be identified and documented.
Standard C: Design/Construction. This property embodies the identifiable characteristics of a
type, period or method of construction; represents the work of a craftsman or architect whose
work is distinguishable from others by its characteristic style and quality; possesses high artistic
values or design concepts; or is part of a recognizable and distinguishable group of properties.
Standard D: Information potential. This property has yielded, or may be likely to yield,
information important in prehistory or history.
Integrity:
Location. This property is located where it was originally constructed or where an historic
event occurred.
Design. This property retains a combination of elements that create its historic form, plan
space, structure, and style.
Setting. This property retains a character and relationship with its surroundings that reflect how
and where it was originally situated in relation to its surrounding features and open space.
Materials. This property retains much of the historic physical elements that originally formed
the property.
Workmanship. This property possesses evidence of the crafts of a particular culture or people
during any given period in history or prehistory. This consists of evidence of artisans' labor and
skill in constructing or altering the building, structure or site.
Feeling. This property expresses the aesthetic or historic sense of a particular period or time.
This results from the presence of physical features that, taken together, convey the property's
historic character.
Association. This property retains an association, or serves as a direct link to, an important
historic event or person. It retains association if it is the place where the event or activity occurred
and is sufficiently intact to convey that relationship to an observer. Like feeling, association
requires the presence of physical features that convey a property's historic character.
Packet Pg. 121
Attachment8.2: Landmark Nomination (3057 : Holmes/Manges Designation)
Revised 08-2014 Page 3
STATEMENT OF SIGNIFICANCE
The principal structure at 1202 Laporte Avenue is significant under Landmark Designation
Standard (C) as a well preserved representation of early twentieth century Classic Cottage
architecture in Fort Collins. Character-defining details of this architectural period include the
hipped roof with intersecting gables, nearly full-width covered front porch with classical column
supports, and tall narrow windows with stone sills and lintels. The building displays a moderate to
high degree of physical integrity. While it has undergone several alterations, they are primarily
located to the rear and do not detract from the building’s historic form or character-defining
elements. This structure retains sufficient integrity to convey its significance. The historic wood
frame garage, with narrow horizontal drop siding and contributes to the architectural significance
of this property.
HISTORICAL INFORMATION
The Fort Collins Weekly Courier reported in 1905 that Eugene Holmes was building an eleven
room brick residence on Laporte Avenue. J.B. Kuhn was the builder of the $2,500.00 house.
Holmes was born in Michigan in 1845 and was a veteran of the Civil War. He married Jennie Kelly
of Hannibal, New York, where he taught school. After moving to Colorado and teaching in various
parts of the state, the Holmes’ settled in Fort Collins. Eugene taught in Fort Collins, including at
Remington School. Ansel Watrous reported that the Holmes’ had a “beautiful home on Laporte
Avenue.” By 1919, Henry H. Lowe, a salesman, lived in the residence with wife Lura. From 1922
through 1929 Peter and Eva Krug lived in the residence. Peter was a rancher and passed away in
1929. Following Pete’s death, Eva lived in the house with son Alvin, a painter, and daughter
Clara, a student. In the late 1930’s it appears that the by-then-married Clara and her Husband
Elmar Deines also lived in the house with Eva. Elmar worked as a clerk at the Town Pump, a
“beer parlor.” Both Elmar and Clara are buried in Grandview Cemetery; he died on January 20,
1938 and Eva on September 24, 1968. Paul and Grace Frey lived in the house from 1948 to
1952. Paul was a professor of Chemistry at Colorado A&M. Retirees, William and Opal Corbridge,
occupied the house for a span of fifteen years from 1945 through 1969. The Manges family
purchased the property in 1970 and continues to live there today. Sharon Manges is pursuing
Landmark designation for the property.
ARCHITECTURAL INFORMATION
Construction Date: 1905-6
Architect/Builder: J.B. Kuhn, builder
Building Materials: Brick, stone foundation
Architectural Style: Classic Cottage hipped roof dwelling with intersecting gables
Description:
Oriented to the south, the Holmes/Manges home is set back approximately 50 feet from the
Laporte Avenue. A planted grass yard with mature landscaping surrounds the structure and an
earth and gravel drive isle flanks the eastern elevation of the property, leading back to a garage
building. Sandstone pavers lead from the driveway to the residence’s front porch and a wire fence
encloses the rear half of the yard. The brick dwelling rests on a stone foundation. It consists of a
tall hipped roof with prominent pedimented gables on front and side elevations. Eaves are
overhanging and enclosed. On the gable ends, brick walls extend without breaks to gables and
eaves return. The front elevation gable end contains a double-hung narrow window with rusticated
stone lintels and sills, while the side elevation dormers contain double hung windows. The hipped
front porch roof has a small centered gable with returns over the building’s primary entrance and
is supported by classical wood columns. The main entry door is paneled with square glazing and
is flanked by sash and decorative transom windows with stone sills and lintels. Northern, eastern,
and western elevations feature a combination of double hung and fixed windows. All appear to be
original wooden framed windows. There is a hipped roof porch on the eastern elevation with
turned spindle supports and a gabled, screened porch on the rear portion of the eastern elevation.
Packet Pg. 122
Attachment8.2: Landmark Nomination (3057 : Holmes/Manges Designation)
Revised 08-2014 Page 4
There appear to be two additions to the dwelling: one dating from very early, which closely mimics
the materials and style of the original building, while another dates from 1971 and is clearly
distinctive. The earlier addition is brick and has a hipped roof and stone foundation. It is located to
the rear of the original building, slightly offset to the east. The side covered porch is situated in the
L-shape of the offset addition, which was likely added at the time of the early addition. The 1971
addition consists of two second level dormers over the northeast portion of the residence.
The property contains two outbuildings. The garage is located to the east of the residence. The
garage features historic cross braced garage doors on the south elevation assessing two
automotive bays. A pair of horizontally-orientated 8 by 8 light windows is found on the western
elevation. The building is clad in narrow horizontal drop siding and covered by a front gabled roof
with open eaves and exposed rafter tails. This garage contributes to the architectural significance
of the property. A small, modern storage shed, with gambrel roof, is tucked behind the garage to
the north, and does not contribute to the property’s significance.
REFERENCE LIST or SOURCES of INFORMATION
Watrous, Ansel. History of Larimer County, Colorado, 1911. Centennial-Bicentennial Edition by
Miller Manor Publications. Fort Collins: Old Army Press, 1972. p. 281.
Fort Collins Weekly Courier, “Eugene Holmes Called to Eternal Rest,” November 20, 1914.
Larimer County Assessor Property Records.
Fort Collins City Directories, 1913-14 – 1971.
R. Laurie and Thomas Simmons, Front Range Research Associates, Inc. Colorado Architectural
Inventory Form, 1202 Laporte. January 1992.
Packet Pg. 123
Attachment8.2: Landmark Nomination (3057 : Holmes/Manges Designation)
ATTACHMENT 3
Packet Pg. 124
Attachment8.3: Owner Consent (3057 : Holmes/Manges Designation)
1202 Laporte Avenue Landmark Designation
Southern (Front) Elevation
Northern (Rear) Elevation
ATTACHMENT 4
Packet Pg. 125
Attachment8.4: Photos (3057 : Holmes/Manges Designation)
Eastern Elevation Western Elevation
Garage, Western Elevation Garage, Northern and Western Elevations
Packet Pg. 126
Attachment8.4: Photos (3057 : Holmes/Manges Designation)
ATTACHMENT 5
Packet Pg. 127
Attachment8.5: Landmark Preservation Commission Resolution 2, 2015 (3057 : Holmes/Manges Designation)
Packet Pg. 128
Attachment8.5: Landmark Preservation Commission Resolution 2, 2015 (3057 : Holmes/Manges Designation)
- 1 -
ORDINANCE NO. 049, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE HOLMES/MANGES PROPERTY, 1202 LAPORTE AVENUE,
FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO
CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established
a public policy encouraging the protection, enhancement and perpetuation of historic landmarks
within the City; and
WHEREAS, by Resolution dated January 14, 2015, the Landmark Preservation
Commission (the “Commission”) has determined that the Holmes/Manges Property located at
1202 Laporte Avenue in Fort Collins as more specifically described below (the “Property”) is
eligible for Landmark designation for its high degree of exterior integrity, and for its significance
to Fort Collins under Landmark Standard C (Design/Construction) as contained in Section 14-
5(2)(c) of the City Code; and
WHEREAS, the Commission has further determined that the Property meets the criteria
of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a
landmark, and has recommended to the City Council that the Property be designated by the City
Council as a landmark; and
WHEREAS, the owner of the Property has consented to such landmark designation; and
WHEREAS, such landmark designation will preserve the Property’s significance to the
community; and
WHEREAS, the City Council has reviewed the recommendation of the Commission and
desires to approve such recommendation and designate the Property as a landmark.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the foregoing recitals are incorporated herein by the City Council as
findings of fact.
Section 2. That the Property located in the City of Fort Collins, Larimer County,
Colorado, described as follows, to wit:
Beginning at a point which is 444.16 feet East of Southwest corner of the SE l/4 of the
NE1/4 of said Section 10, thence West 84 feet, thence North 230 feet, thence East 84 feet,
thence South 230 feet to the point of beginning
be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code.
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- 2 -
Section 3. That the criteria in City Code Section 14-48 as they may from time to time
be amended, will serve as the standards by which alterations, additions and other changes to the
buildings and structures located upon the Property will be reviewed for compliance with City
Code Chapter 14, Article III.
Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2015, and to be presented for final passage on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 130
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Karen McWilliams, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No. 050, 2015, Designating the Longyear Property, 719 Remington Street, Fort
Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
EXECUTIVE SUMMARY
The purpose of this item is to designated the Longyear Property, 719 Remington Street, as a Fort Collins
Landmark. The property is eligible for Landmark recognition for its significance under Landmark Standard C,
Design/Construction. The dwelling has great architectural merit as a well preserved representation of early
twentieth century Victorian-era vernacular architecture. The locally rare two-bay garage contains a very
unusual Mission style parapet façade. The Longyear Property has additional significance under Landmark
Standard B, for its association with Colorado Agricultural College professor Burton O. Longyear, who
contributed substantially to the fields of forestry and horticulture.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 1904, A.F. Huleatt constructed an eight room “modern” residence at 719 Remington Street for Colorado
Agricultural College (CAC) Horticulture and Botany professor Burton O. Longyear. Longyear, who began his
teaching career at CAC that year, was both a scrupulous scientist and inspiring educator. He published a
number of bulletins, and at least two books, dealing with the horticulture of the Rocky Mountain region. His
“Shade Trees of Denver” publication had considerable impact on Denver’s ornamental horticulture. In 1909 he
was appointed head of the newly-established Department of Botany and Forestry at CAC. Around that same
time a degree program in forestry was created under Longyear’s advisement, with its first graduate in 1912. In
1911, Longyear was appointed to the position of Colorado State Forester. He served in that position until 1915.
He returned to teaching at CAC where he stayed until retirement in the 1930s.
Longyear's Remington Street home is a very nice example of early twentieth century Victorian-era vernacular
architecture in Fort Collins. Character-defining details include a nearly full-width, covered front porch with
column supports, decorative shingles in the gable ends and on dormers, and windows with decorative sashes.
The two-bay garage at the rear of the property, constructed with a very unique Mission style parapet façade,
could qualify for individual Landmark designation in its own right, but is nonetheless a significant contributing
element to this property.
CITY FINANCIAL IMPACTS
Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial
incentive programs available only to Landmark designated properties. Due to its listing on the National and
State Registers, the property owner already qualifies for state and federal financial programs for historic
preservation. Based upon research conducted by Clarion Associates, the property should see an increase in
value following designation. Clarion Associates attributed this increase to the fact that future owners will also
Packet Pg. 131
Agenda Item 9
Item # 9 Page 2
qualify for the financial incentives; the perception that designated properties are better maintained; the appeal
of owning a recognized historic landmark; and the assurance of predictability that design review offers.
BOARD / COMMISSION RECOMMENDATION
The Landmark Preservation Commission recommends adoption of the Ordinance on First Reading. At a
public hearing held on January 14, 2015, the Landmark Preservation Commission voted unanimously to
recommend designation of this property under Designation Standards (B) and (C), for its architectural
significance to Fort Collins and for its association with Colorado Agricultural College professor Burton O.
Longyear.
ATTACHMENTS
1. Location Map (PDF)
2. Landmark Nomination (PDF)
3. Owner Consent (PDF)
4. Photos (PDF)
5. Landmark Preservation Commission Resolution 1, 2015 (PDF)
Packet Pg. 132
S COLLEGE AVE
LOCUST ST
E LAUREL ST
REMI
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ON
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MATHE
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Site E PLUM ST
719 Remington Street,
Fort Collins, CO 80524
N
ATTACHMENT 1
Packet Pg. 133
Attachment9.1: Location Map (3059 : Longyear Landmark Designation)
Revised 08-2014 Page 1
Fort Collins Landmark Designation
LOCATION INFORMATION:
Address: 719 Remington Street, Fort Collins, Colorado 80524
Legal Description: North 1/2 of the North 1/2 of Lot 1, Block 127, Fort Collins.
Property Name (historic and/or common): The Longyear Property
OWNER INFORMATION:
Name: James Danella
Email: jdanella@gmail.com
Address: 719 Remington Street, Fort Collins, Colorado 80524
CLASSIFICATION
Category Ownership Status Present Use Existing
Designation
Building Public Occupied Commercial Nat’l Register
Structure Private Unoccupied Educational State Register
Site Religious
Object Residential
District Entertainment
Government
Other
FORM PREPARED BY:
Name and Title: Josh Weinberg, Historic Preservation Planner
Address: City of Fort Collins, Historic Preservation Department, 281 North College Avenue,
Fort Collins, CO 80522
Phone: 970-224-6206
Email: jweinberg@fcgov.com
Prepared January 5, 2015.
Planning, Development & Transportation
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
ATTACHMENT 2
Packet Pg. 134
Attachment9.2: Landmark Nomination (3059 : Longyear Landmark Designation)
Revised 08-2014 Page 2
TYPE OF DESIGNATION and BOUNDARIES
Individual Landmark Property Landmark District
Explanation of Boundaries:
The boundaries of the property to be designated correspond to the legal description of the
property, above.
SIGNIFICANCE and EXTERIOR INTEGRITY
Properties are eligible for designation if they possess both significance and integrity. Significance
is the importance of a site, structure, object or district to the history, architecture, archeology,
engineering or culture of our community, State or Nation. Integrity is the ability of a site, structure,
object or district to be able to convey its significance.
Significance:
Standard A: Events. This property is associated with events that have made a recognizable
contribution to the broad patterns of the history of the community, State or Nation. It is associated
with either (or both) of these two (2) types of events:
1. A specific event marking an important moment in Fort Collins prehistory or history;
and/or
2. A pattern of events or a historic trend that made a recognizable contribution to the
development of the community, State or Nation.
Standard B: Persons/Groups. This property is associated with the lives of persons or groups of
persons recognizable in the history of the community, State or Nation whose specific contributions
to that history can be identified and documented.
Standard C: Design/Construction. This property embodies the identifiable characteristics of a
type, period or method of construction; represents the work of a craftsman or architect whose
work is distinguishable from others by its characteristic style and quality; possesses high artistic
values or design concepts; or is part of a recognizable and distinguishable group of properties.
Standard D: Information potential. This property has yielded, or may be likely to yield,
information important in prehistory or history.
Integrity:
Location. This property is located where it was originally constructed or where an historic
event occurred.
Design. This property retains a combination of elements that create its historic form, plan
space, structure, and style.
Setting. This property retains a character and relationship with its surroundings that reflect how
and where it was originally situated in relation to its surrounding features and open space.
Materials. This property retains much of the historic physical elements that originally formed
the property.
Workmanship. This property possesses evidence of the crafts of a particular culture or people
during any given period in history or prehistory. This consists of evidence of artisans' labor and
skill in constructing or altering the building, structure or site.
Feeling. This property expresses the aesthetic or historic sense of a particular period or time.
This results from the presence of physical features that, taken together, convey the property's
historic character.
Association. This property retains an association, or serves as a direct link to, an important
historic event or person. It retains association if it is the place where the event or activity occurred
and is sufficiently intact to convey that relationship to an observer. Like feeling, association
requires the presence of physical features that convey a property's historic character.
Packet Pg. 135
Attachment9.2: Landmark Nomination (3059 : Longyear Landmark Designation)
Revised 08-2014 Page 3
STATEMENT OF SIGNIFICANCE
The principal structure at 719 Remington Street is significant under Landmark Designation
Standard (C) as a well preserved representation of early twentieth century Victorian-era
vernacular architecture in Fort Collins. Character-defining details of this architectural period
include nearly full-width covered front porch with column supports, decorative shingles in gables
and on dormers, and dominant windows with decorative sashes. The two-bay garage at the rear
of the property, constructed with a very unique Mission style parapet façade, could also qualify for
individual Landmark designation, but is nonetheless a significant contributing element to the
property. Additionally, this property is significant under Landmark Designation Standard (B) for its
association with Colorado Agricultural College professor Burton O. Longyear. Longyear, who had
the house constructed in 1904, and subsequently occupied it until 1911, is known for his
contributions to the study of Rocky Mountain Region horticulture and for serving as the head of
CAC’s Department of Botany and Forestry and as Colorado State Forester from 1911-1915.
HISTORICAL INFORMATION
The Fort Collins Weekly Courier reported on January 4, 1905 that A.F. Huleatt had built an eight
room “modern” residence at 719 Remington Street for Colorado Agricultural College (CAC)
Horticulture and Botany professor Burton O. Longyear. Longyear, who began his teaching career
at Colorado Agricultural College in 1904, was an alumnus of Michigan State Agricultural College.
According to contemporary reports, Longyear was both a scrupulous scientist and inspiring
educator. He published a number of bulletins, and at least two books, dealing with the horticulture
of the Rocky Mountain region. His “Shade Trees of Denver” publication had considerable impact
on Denver’s ornamental horticulture. In 1909 he was appointed head of the newly-established
Department of Botany and Forestry ad CAC. Around that same time a degree program in forestry
was created under Longyear’s advisement, with its first graduate in 1912. In 1911, Longyear was
appointed to the position of Colorado State Forester. He served in that position until 1915. He
returned to teaching at CAC where he stayed until retirement in the 1930s.
It is unclear who occupied the house immediately following Longyear, however, in 1923, Frank
Denis Giddings and his wife, Hattie, bought the property and resided here until 1933. Giddings
was the owner and president of Giddings Manufacturing, which had its origins in a shop on the
Giddings Farm in Timnath. From 1936 to 1940, Arthur and Adelina Hunt, along with their sons,
Wendell and Richard, lived in the house. From 1948 through 1969, Alvin and Leatha Sansbrun
occupied the residence. They were both retired, though Alvin owned an apartment building at 706
South College Avenue. From the early 1970s to 2012, the house was occupied by renters, mostly
Colorado State University students. In 2012, James Danella purchased the property and began
rehabilitating it. Mr. Danella is now pursing Landmark designation.
ARCHITECTURAL INFORMATION
Construction Date: 1904, House; 1928, Garage
Architect/Builder: A.F. Huleatt, builder
Building Materials: Wood, sandstone foundation
Architectural Style: Victorian-era vernacular dwelling
Description:
Oriented to the east, the house at 719 Remington Street is a 1½ story side-gabled dwelling with
prominent bellcast hipped-roof dormer on the slope of the front elevation roof. The building is clad
in narrow horizontal lapped siding. The dormer contains a rectangular single-hung window with
decorative upper sash. Eaves are wide and enclosed. The building has a rectangular footprint,
measuring thirty-two feet by thirty-seven feet. There are three bays across the first floor of the
primary elevation, containing a central entry flanked by two large single hung windows with
decorative upper sashes. The foundation is coursed, rough-cut sandstone. The front porch is
nearly full-width, with square posts supporting its hipped roof.
Packet Pg. 136
Attachment9.2: Landmark Nomination (3059 : Longyear Landmark Designation)
Revised 08-2014 Page 4
The southern elevation features an eave wall chimney, which protrudes through the wide
overhanging eave band. There is a bay window on the rear corner of this elevation, containing
three single hung windows. Square rectangular windows flank each side of the chimney. The
gable end of this elevation is shingled and contains a pair of single hung windows, each with
decorative upper sashes. The northern side elevation is nearly identical to the southern elevation,
save the bay window, and contains a pair and two single windows. There is also an entry at the
rear of this elevation. The lower level of the rear elevation has an enclosed shed-roofed porch in
the L-Shape crated by the primary building and the single–story hipped roof element on the
northwest half of the elevation. The enclosed porch is currently under construction with most
siding removed. The second story of the rear elevation features an intersecting gabled dormer
clad in shingles. There is a recently constructed shed-roofed addition to the south of the gabled
dormer, containing divided light double doors.
The property features a very unusual and noteworthy two bay garage, stuccoed with a Mission
style parapet on the façade. Each bay of the building’s front elevation contains wooden doors,
each with four rectangular vertical lights and X-battens below. Simple asphalt shingled awnings
cover each bay. The parapet extends flat around the side elevations and drops off to the rear. The
rear elevation has sliding wooden doors on the northern corner and a boarded window opening to
the south.
REFERENCE LIST or SOURCES of INFORMATION
Fort Collins Weekly Courier, January 4, 1905.
Fort Collins City Directories, 1925 – 2006.
Hansen II, James E. Democracy’s College in the Centennial State: A History of Colorado State
University. Fort Collins, Colorado, 1977.
Larimer County Assessor Property Records.
Petit, Michael and Barbara. Information from the Fort Collins Midtown Historic District Survey –
The Longyear House, 716 Remington Street. Date unknown.
Watrous, Ansel. “History of Larimer County, Colorado,” (Fort Collins, Colorado: Printing and
Publishing, 1911), 281.
Packet Pg. 137
Attachment9.2: Landmark Nomination (3059 : Longyear Landmark Designation)
ATTACHMENT 3
Packet Pg. 138
Attachment9.3: Owner Consent (3059 : Longyear Landmark Designation)
719 Remington Street Fort Collins Landmark Designation
Northeast Elevation
Southeast Elevation
ATTACHMENT 4
Packet Pg. 139
Attachment9.4: Photos (3059 : Longyear Landmark Designation)
719 Remington Street Fort Collins Landmark Designation
Southwest Elevation
West Elevation
Packet Pg. 140
Attachment9.4: Photos (3059 : Longyear Landmark Designation)
719 Remington Street Fort Collins Landmark Designation
Northwest Elevation
East Elevation
Packet Pg. 141
Attachment9.4: Photos (3059 : Longyear Landmark Designation)
719 Remington Street Fort Collins Landmark Designation
Northwest Elevation
Southwest Elevation
Packet Pg. 142
Attachment9.4: Photos (3059 : Longyear Landmark Designation)
719 Remington Street Fort Collins Landmark Designation
Southeast Elevation
Packet Pg. 143
Attachment9.4: Photos (3059 : Longyear Landmark Designation)
ATTACHMENT 5
Packet Pg. 144
Attachment9.5: Landmark Preservation Commission Resolution 1, 2015 (3059 : Longyear Landmark Designation)
Packet Pg. 145
Attachment9.5: Landmark Preservation Commission Resolution 1, 2015 (3059 : Longyear Landmark Designation)
- 1 -
ORDINANCE NO. 050, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE LONGYEAR PROPERTY, 719 REMINGTON STREET
FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO
CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established
a public policy encouraging the protection, enhancement and perpetuation of historic landmarks
within the City; and
WHEREAS, by Resolution dated January 14, 2015, the Landmark Preservation
Commission (the “Commission”) has determined that the Longyear Property located at 719
Remington Street in Fort Collins as more specifically described below (the “Property”) is
eligible for Landmark designation for its high degree of exterior integrity, and for its significance
to Fort Collins under Landmark Standard B (Persons/Groups) as contained in Section 14-5(2)(b)
of the City Code and under Landmark Standard C (Design/Construction) as contained in Section
14-5(2)(c) of the City Code; and
WHEREAS, the Commission has further determined that the Property meets the criteria
of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a
landmark, and has recommended to the City Council that the Property be designated by the City
Council as a landmark; and
WHEREAS, the owner of the Property has consented to such landmark designation; and
WHEREAS, such landmark designation will preserve the Property’s significance to the
community; and
WHEREAS, the City Council has reviewed the recommendation of the Commission and
desires to approve such recommendation and designate the Property as a landmark.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the foregoing recitals are incorporated herein by the City Council as
findings of fact.
Section 2. That the Property located in the City of Fort Collins, Larimer County,
Colorado, described as follows, to wit:
North 1/2 of the North 1/2 of Lot 1, Block 127
be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code.
Section 3. That the criteria in City Code Section 14-48 as they may from time to time
Packet Pg. 146
- 2 -
be amended, will serve as the standards by which alterations, additions and other changes to the
buildings and structures located upon the Property will be reviewed for compliance with City
Code Chapter 14, Article III.
Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2015, and to be presented for final passage on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 147
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Marc Virata, Civil Engineer
Martina Wilkinson, Civil Engineer
SUBJECT
Resolution 2015-043 Determining That a Single-Lane, Modern Roundabout is the Preferred Alternative for the
Intersection of Lincoln Avenue and the North-South Extension of “International Boulevard.”
EXECUTIVE SUMMARY
The purpose of this item is to approve a single-lane, modern roundabout intersection at Lincoln Avenue and
the north-south extension of International Boulevard. The adopted Master Street Plan anticipates a new
arterial-arterial intersection between Lincoln Avenue east of Lemay Avenue and a north-south extension of
‘International Boulevard’. In accordance with Resolution 2001-120, an Alternatives Analysis was completed for
this intersection. The conclusions of the Alternatives Analysis show that a single-lane, modern roundabout is
the preferred alternative for this intersection. This project is not a part of, or within, the boundaries of the
recently approved Lincoln Corridor Improvement Project.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The proposal of a development plan known as Capstone Cottages in the northeast vicinity of Lincoln Avenue
and Lemay Avenue has prompted City staff to review how Lincoln Avenue will connect to a new north-south
leg of “International Boulevard” (Vicinity Map, Attachment 2), which would be renamed by City Council in a
future resolution. The City’s Master Street Plan (Attachment 3) graphically depicts that east of Lemay
Avenue, Lincoln Avenue would curve to the northeast to become a new north-south street that would connect
to an extension of International Boulevard, with existing Lincoln Avenue tying in at a T-intersection east of this
sweeping curve. This new arterial-arterial intersection was evaluated by Wilson & Company, Inc. as a
signalized intersection with turn lanes compared to a single-lane modern roundabout. This Alternatives
Analysis report (Attachment 4) compares the two intersection improvement options in terms of safety, right-of-
way requirements, cost, constructability, multi-modal enhancements and operations.
Conceptual Level exhibits for both improvement options are shown on pages 15 and 16 of the Alternatives
Analysis Report. The roundabout outperformed the signalized intersection in the categories of: safety, right-
of-way impacts, costs, access management and operational efficiency. The categories of environmental
impacts and multi-modal enhancements were neutral. The City’s Engineering staff is recommending a single-
lane roundabout as the preferred option.
Note that the decision regarding traffic control at this intersection is independent of the proposed development.
This traffic control recommendation will stand regardless of whether the development proposal moves forward
and is approved or not.
Packet Pg. 148
Agenda Item 10
Item # 10 Page 2
CITY FINANCIAL IMPACTS
Preliminary cost estimates in the Alternatives Analysis report demonstrate that it will cost approximately
$723,000 less to construct the roundabout than the signalized intersection, and that right-of-way costs for the
roundabout are approximately $239,000 less than for the signalized intersection. If the Capstone Cottages
development plan moves forward and is approved, the construction of the roundabout would be the
responsibility of the developer with reimbursement of the oversized portion through Street Oversizing. Should
this development plan, for whatever reason, not move forward, City staff would want to ensure that the
roundabout option remains the required intersection control to be built, whether by a future development or a
City capital project. Additionally, the roundabout provides short and long term economic benefits by easing
traffic congestion, resulting in reduced fuel consumption and multi-modal safety improvements with fewer and
less severe accidents.
BOARD / COMMISSION RECOMMENDATION
At its February 18, 2015 meeting, the Transportation Board unanimously recommended approval for a
roundabout at this intersection (Attachment 6).
PUBLIC OUTREACH
Neighborhood meetings for the Capstone Cottages development plan were conducted in February, July, and
December 2014. With the proposal of a roundabout as part of the development plan, questions and comments
were made regarding the roundabout, as well as a signalized intersection. Comparisons between a roundabout
and a signalized intersection on the topics of costs, accidents rates, and operational design were discussed.
There was general support for the roundabout provided that it is designed to address the traffic volumes and
handle large vehicles and trucks.
ATTACHMENTS
1. Resolution 2001-120 (PDF)
2. Vicinity Map (PDF)
3. Master Street Plan (enlarged section) (PDF)
4. Arterial Intersection Analysis (PDF)
5. Sustainability Assessment Summary and Tool (PDF)
6. Transportation Board minutes, February 18, 2015 (PDF)
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ATTACHMENT 1
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Attachment10.1: Resolution 2001-120 (3055 : Lincoln Avenue and International Boulevard Roundabout)
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Attachment10.1: Resolution 2001-120 (3055 : Lincoln Avenue and International Boulevard Roundabout)
Buckingham St.
Lincoln Avenue
Lemay Avenue
new intersection
with Lincoln Avenue
VICINITY MAP
N
1
ATTACHMENT 2
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Attachment10.2: Vicinity Map (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Avenue
City of Fort Collins Master Street Plan (enlarged)
Lemay Avenue
N
1
ATTACHMENT 3
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Attachment10.3: Master Street Plan (enlarged section) (3055 : Lincoln Avenue and International Boulevard Roundabout)
Arterial Intersection Analysis for
Lincoln Ave. and International Blvd.
February 5, 2015
Prepared for:
City of Fort Collins
Traffic Engineering Division
626 Linden Street
Fort Collins, CO 80521
Wilson & Company, Inc., Engineers & Architects
1675 Broadway, Suite 200 | Denver, Colorado 80202
ATTACHMENT 4
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
Wilson & Company Page | i
Table of Contents
1.0 Introduction ............................................................................................................................................ 1
1.1 Existing conditions .............................................................................................................................. 2
1.2 Intersection Options ........................................................................................................................... 2
2.0 Intersection Operations .......................................................................................................................... 3
2.1 Signalized Intersection Analysis .......................................................................................................... 3
2.2 Roundabout Analysis .......................................................................................................................... 4
3.0 Safety ...................................................................................................................................................... 5
4.0 Right of Way ............................................................................................................................................ 5
5.0 Environmental ......................................................................................................................................... 8
6.0 Cost ......................................................................................................................................................... 9
7.0 Multi-Modal .......................................................................................................................................... 11
8.0 Summary and Conclusion ..................................................................................................................... 11
List of Figures
Figure 1: Intersection Location
Figure 2: Option 1 Signalized Intersection Impact Area
Figure 3: Option 2 Roundabout Intersection Impact Area
Figure 4: Option 1 Signalized Intersection ROW Needs
Figure 5: Option 2 Roundabout Intersection ROW Needs
List of Tables
Table 1: HCM LOS Criteria for Intersections
Table 2: 2035 Traffic Operations Comparison
Table 3: Option 1 (Signalized Intersection) Cost Estimate
Table 4: Option 2 (Roundabout Intersection) Cost Estimate
Table 5: Intersection Option Comparison Summary
Appendix
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
Wilson & Company Page | 1
1.0 Introduction
Growth is expected to occur in the area of the Lemay/Lincoln intersection in Fort Collins, Colorado. As
this area develops International Boulevard will be constructed and connect with Lincoln Avenue east of
Lemay Avenue. Several ultimate alignment concepts for these roads have been developed. The
intersection control needs to be determined for the Lincoln Avenue/International Boulevard therefore
the purpose of this report is to compare intersection options for this intersection in terms of operations,
safety, intersection impacts and right-of-way requirements, environmental, cost, constructability, and
multi-modal enhancements
The two options that are being considered for the Lincoln Avenue/International Boulevard intersection:
Option 1 a sweeping curve alignment for Lincoln Avenue/International Boulevard, as shown in the City
of Fort Collins Master Street Plan, with a signalized Lincoln Avenue/International Boulevard “Tee”
intersection; Option 2 a modern roundabout intersection along the current alignment of Lincoln Avenue.
Figure 1 shows the intersection location area.
Figure 1: Intersection Location Area
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
Wilson & Company Page | 2
1.1 Existing conditions
Lincoln Avenue west of Lemay Avenue is an east-west street classified as a two-lane arterial according to
the Fort Collins Master Street plan. Currently, Lincoln Avenue at the Buffalo Run apartment
access/proposed International Blvd. intersection has a three-lane cross section, one through lane in
each direction and a continuous left turn lane. The posted speed limit in the vicinity of the identified
intersection is 35 mph. The existing Buffalo Run access/Lincoln intersection is presently STOP sign
controlled with STOP control for the northbound approach.
Lincoln Avenue carries approximately 8,300 vehicles per day (vpd). There is a detached sidewalk located
along the south side and bicycle lanes along both sides of Lincoln Avenue east of Lemay Avenue.
Transfort bus route 14 operates in both directions along Lincoln Avenue in the area.
1.2 Intersection Options
As noted previously, two intersection options were evaluated for the Lincoln Avenue/International
Boulevard intersection 1) a sweeping curve alignment for Lincoln Avenue/International Boulevard, as
shown in the City of Fort Collins Master Street Plan, with a signalized Lincoln Avenue/International
Boulevard “Tee” intersection, 2) a modern roundabout intersection along the current alignment of
Lincoln Avenue. Conceptual layouts of each of these options were prepared and are included in
Appendix A.
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
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2.0 Intersection Operations
Year 2035 AM and PM peak hour traffic operation analyses were performed for each of the intersection
concepts.
2.1 Signalized Intersection Analysis
Utilizing the traffic volumes noted above, a signal warrant analysis was conducted for the study
intersection. Warrant-3 Peak Hour from the Manual on Uniform Traffic Control Devices (MUTCD), 2009
was applied at the intersection since these peak hour forecasts were readily available. Based on the
evaluation year 2035 traffic volumes at the study intersection would be at and/or approaching the need
to signalize the study intersection. Therefore a signalized intersection analysis of the intersection was
conducted. The signalized intersection operations analyses were performed using Synchro 8 software,
which uses the methodologies outlined in the 2010 Highway Capacity Manual (HCM).
The Level of Service (LOS) for intersections is defined in terms of delay, which is a measure of driver
discomfort, frustration, fuel consumption, and loss of travel time. Specifically, LOS criteria are stated in
terms of the average control delay per vehicle for the peak 15-minute period within the hour state in
terms of the average control delay per vehicle for the 15-minute period within the hour analyzed. The
average control delay includes initial deceleration delay, queue move-up time, and final acceleration
time in addition to the stop delay.
Table 1 summarizes the HCM criteria and ratings for signalized intersection LOS. Table 2 summarizes the
2035 AM and PM peak hour signalized intersection traffic operations.
Table 1: HCM LOS Criteria for Intersections
LOS
Control Delay
(sec/veh) Description
A <10
Operations with very low delay and most vehicles do not
stop.
B >10 and <20
Operations with good progression but with some
restricted movements.
C >20 and <35
Operations where a significant number of vehicles are
stopping with some backup and light congestion.
D >35 and <55
Operations where congestion is noticeable, longer
delays occur, and many vehicles stop. The proportion of
vehicles not stopping declines.
E >55 and <80
Operations where there is significant delay, extensive
queuing, and poor progression.
F >80
Operations that are unacceptable to most drivers, when
the arrival rates exceed the capacity of the intersection.
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
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2.2 Roundabout Analysis
Operational analysis for the roundabout alternative was performed using Roundabout Delay (RODEL).
RODEL is nationally recognized standard software for empirical geometric design that interactively
generates and assesses roundabout geometry and operations. The year 2035 AM and PM base peak
hour traffic volumes were input into RODEL along with the roundabout geometrics at the intersection.
Table 2 tabulates the roundabout operational analyses.
Table 2: 2035 Traffic Operations Comparison
Signalized Roundabout
AM Peak PM Peak AM Peak PM Peak
Delay
(Sec/Veh) LOS
Delay
(Sec/Veh) LOS
Delay
(Sec/Veh) LOS
Delay
(Sec/Veh) LOS
Lincoln Ave – Eastbound
Left 17.4 B 27.5 C
Thru 18.1 B 26.2 C
Right 16.6 B 28.7 C
Approach 17.5 B 27.4 C 10.0 B 11.0 B
Lincoln Ave – Westbound
Left 24.6 C 20.4 C
Thru-Right 22.9 C 14.2 B
Approach 23.8 C 19.2 B 7.3 A 11.8 B
North Site Access – Southbound Buffalo Run Site Access – Northbound
Left-Thru-Right 32.0 C 32.4 C
Approach 32.0 C 32.4 C 5.3 A 5.6 A
International Blvd – Southbound
Left 25.4 C 39.3 D
Thru-Right 16.0 B 25.0 C
Approach 19.2 B 29.9 C 5.4 A 7.5 A
Overall Intersection 20.4 C 25.3 C 8.0 A 10.7 B
As shown the Roundabout option provides a better LOS and minimizes delay compared to the Signalized
intersection option, therefore minimizing stops, fuel consumption, and emissions.
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
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3.0 Safety
A well-designed roundabout promotes speed consistency and reduces vehicle speeds upon entry and
achieves consistency in the relative speeds between conflicting traffic streams by requiring vehicles to
negotiate the roundabout along a curved path compared other intersection configurations. The risk of
being involved in a severe collision is lower at roundabouts than at other forms of intersections,
including signalized intersections, due to the slower vehicle speeds. In addition the number of vehicle-
vehicle conflict points for roundabouts decreases from 32 to 8 for four-leg intersections, a reduction of
75%. Likewise, the number of conflict points for pedestrians-vehicles is lower at roundabouts than at
other intersections.
4.0 Right of Way
The conceptual layouts were used to determine the intersection impact area, illustrated in Figures 2 and
3, and right-of-way requirements, illustrated in Figures 4 and 5, for each of the intersection concepts.
The right-of-way for the intersection area was obtained from the City of Fort Collins GIS. The alignment
of Lincoln Avenue and International Boulevard are not consistent between the options therefore for
comparative purposes the future east-west road (Duff Drive), located to the north, was used as the
northern ROW limits.
Option 1 will require approximately 110,220 SF of additional right-of-way, while Option 2 will require
approximately 80,370 SF of additional right-of-way.
Figure 2: Option 1 Signalized Intersection Impact Area
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
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Figure 3: Option 2 Roundabout Intersection Impact Area
Figure 4: Option 1 Signalized Intersection ROW Needs
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
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Figure 5: Option 2 Roundabout Intersection ROW Needs
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
Wilson & Company Page | 8
5.0 Environmental
From an environmental impact perspective the options are fairly similar and summarized below.
x Wetlands: The roundabout option will have less impact to the ditch wetlands north of Lincoln
Avenue compared to the signal option. These are not expected to be jurisdictional but a review
by a certified biologist is required. Mitigation for wetlands impacts, if required, can be
developed within future detention ponds.
x Traffic Noise: Both options will generate similar noise profiles which may impact the outdoor
use areas, e.g. balconies/porches, of Buffalo Run apartments. The roundabout would provide a
consistent travel speed, without vehicles starting/stopping that would be associated with a
signalized intersection which would provide a minor advantage over the signalized intersection
option. The signalized intersection being slightly farther away from the apartments provides a
minor noise advantage over the roundabout option.
x Trees/Vegetation: Both of these alternatives have the potential for impacts to the existing urban
forest on the north and possibly south sides of Lincoln Avenue. The north side impacts are
primarily to trees which are considered nuisance/invasive species. These trees would be
replaced with trees approved by the City of Ft Collins forester. Impacts to the older growth trees
on the south side of Lincoln Avenue should be avoided. The signalized intersection does provide
a greater buffer to these trees and minimizes the potential to impact their roots.
x Air Quality: Roundabouts are generally better for air quality because they eliminate stopping
and idling at the intersection. A detailed analysis has not been provided.
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
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6.0 Cost
A breakdown of probable costs for both options is shown below.
Table 3: Option 1 (Signalized Intersection) Cost Estimate
ITEM # ITEM UNIT QUANTITY UNIT PRICE COST
203 EARTWHORK (18" DEPTH) CY 9071 $12.00 $108,857
403 PAVEMENT (ASSUME 9" HMA / 12" ABC) SY 11105 $48.00 $533,052
608 CONCRETE SIDEWALK SY 2216 $40.00 $88,657
609 CURB AND GUTTER (TYPE 2) (SECTION IB) LF 0 $13.00 $0
609 CURB AND GUTTER (TYPE 2) (SECTION IIB) LF 3404 $16.00 $54,463
609 CONCRETE CURB RAMPS SY 21 $115.00 $2,453
610 MEDIAN COVER MATERIAL (PATTERNED CONCRETE) SF 0 $10.00 $0
614 FULL SIGNAL INSTALLATION LS 1 $200,000.00 $200,000
A $987,482
B CLEARING AND GRUBBING LS 1.0% of A $9,875
C REMOVALS, RESETS, AND ADJUSTMENTS LS 10.0% of A $98,748
D EROSION CONTROL LS 6.0% of A $59,249
E SEEDING, MULCHING, AND MINOR LANDSCAPING LS 2.5% of A $24,687
F PERMANENT WATER QUALITY LS 2.5% of A $24,687
G DRAINAGE / STORM SEWER SYSTEM / CULVERT EXTENSIONS LS 16.0% of A $157,997
H SIGNING AND PAVEMENT MARKING LS 6.0% of A $59,249
I URBAN DESIGN AND LANDSCAPING LS 30.0% of A $296,245
J CONSTRUCTION TRAFFIC CONTROL LS 8.0% of A to I $137,458
K MOBILIZATION LS 5.0% of A to J $92,784
L CONSTRUCTION SURVEYING LS 5.0% of A to J $92,784
M $2,041,245
N CONTINGENCY LS 15.0% of M $306,187
O MINOR CONTRACT REVISIONS / FORCE ACCOUNTS LS 10.0% of M $204,124
P UTILITY RELOCATIONS LS 5.0% of M $102,062
Q $2,653,618
R DESIGN ENGINEERING / SURVEYING / GEOTECHNICAL LS 10.0% of Q $265,362
S CONSTRUCTION ENGINEERING LS 15.0% of Q $398,043
$3,317,023
PROJECT ROW COST - SW QUADRANT SF 0 $8.00 $0
PROJECT ROW COST - SE QUADRANT SF 76007 $8.00 $608,057
PROJECT ROW COST - NE QUADRANT SF 34213 $8.00 $273,707
PROJECT ROW COST - NW QUADRANT SF 0 $8.00 $0
$881,764
SUB-TOTAL OF MAJOR ITEMS
TOTAL OF CONSTRUCTION ITEMS
SUB-TOTAL OF CONSTRUCTION COST
TOTAL PROJECT CONSTRUCTION COST
TOTAL PROJECT ROW COST
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
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Table 4: Option 2 (Roundabout Intersection) Cost Estimate
The cost estimates show that the Roundabout (Option 2) will be approximately $723,000 less than the
Signalized intersection (Option 1). Right-of-way costs for Option 2 are approximately $239,000 less than
Option 1.
ITEM # ITEM UNIT QUANTITY UNIT PRICE COST
203 EARTWHORK (18" DEPTH) CY 8222 $12.00 $98,659
403 PAVEMENT (ASSUME 9" HMA / 12" ABC) SY 7465 $48.00 $358,329
608 CONCRETE SIDEWALK SY 2695 $40.00 $107,784
609 CURB AND GUTTER (TYPE 2) (SECTION IB) LF 2470 $14.00 $34,576
609 CURB AND GUTTER (TYPE 2) (SECTION IIB) LF 2838 $18.00 $51,084
609 CONCRETE CURB RAMPS SY 43 $115.00 $4,907
610 MEDIAN COVER MATERIAL (PATTERNED CONCRETE) SF 11694 $10.00 $116,935
614 FULL SIGNAL INSTALLATION LS 0 $200,000.00 $0
A $772,274
B CLEARING AND GRUBBING LS 1% of A $7,723
C REMOVALS, RESETS, AND ADJUSTMENTS LS 10% of A $77,227
D EROSION CONTROL LS 6% of A $46,336
E SEEDING, MULCHING, AND MINOR LANDSCAPING LS 3% of A $19,307
F PERMANENT WATER QUALITY LS 3% of A $19,307
G DRAINAGE / STORM SEWER SYSTEM / CULVERT EXTENSIONS LS 16% of A $123,564
H SIGNING AND PAVEMENT MARKING LS 6% of A $46,336
I URBAN DESIGN AND LANDSCAPING LS 30% of A $231,682
J CONSTRUCTION TRAFFIC CONTROL LS 8% of A to I $107,501
K MOBILIZATION LS 5% of A to J $72,563
L CONSTRUCTION SURVEYING LS 5% of A to J $72,563
M $1,596,383
N CONTINGENCY LS 15% of M $239,457
O MINOR CONTRACT REVISIONS / FORCE ACCOUNTS LS 10% of M $159,638
P UTILITY RELOCATIONS LS 5% of M $79,819
Q $2,075,298
R DESIGN ENGINEERING / SURVEYING / GEOTECHNICAL LS 10% of Q $207,530
S CONSTRUCTION ENGINEERING LS 15% of Q $311,295
$2,594,123
PROJECT ROW COST - SW QUADRANT SF 1805 $8.00 $14,437
PROJECT ROW COST - SE QUADRANT SF 0 $8.00 $0
PROJECT ROW COST - NE QUADRANT SF 77226 $8.00 $617,812
PROJECT ROW COST - NW QUADRANT SF 1338 $8.00 $10,703
$642,952
TOTAL PROJECT CONSTRUCTION COST
SUB-TOTAL OF CONSTRUCTION COST
TOTAL OF CONSTRUCTION ITEMS
SUB-TOTAL OF MAJOR ITEMS
TOTAL PROJECT ROW COST
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
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7.0 Multi-Modal
As noted previously there is a detached sidewalk located along the south side and bicycle lanes along
both sides of Lincoln Avenue east of Lemay Avenue. The signalized option would add sidewalks; curb
ramps, and crosswalks at all four legs of the study intersection. On street bike lanes would be provided
on International Boulevard.
The roundabout would also provide sidewalks and curb ramps on all legs of the roundabout. A
roundabout is generally viewed as safe or safer for pedestrians when compared to a signalized
intersection, based on studies of other single lane roundabouts in the United States. Single lane
roundabouts also have a good safety record for bicyclists. The proposed concept design provides a
widened path for cyclists who prefer to not travel through the circulating roadway. More experience
riders may choose to stay in the street and “claim the lane” while traveling through the roundabout. The
performance of a roundabout for visually impaired pedestrians is not as good as a traditional
intersection. This is because visually impaired pedestrians have greater difficulty in determining the
movements of approaching traffic in the roundabout.
8.0 Summary and Conclusion
Option 2 (Roundabout Intersection) provides better intersection traffic operations and safety for both
pedestrians and vehicles than Option 1 (Signalized Intersection). From the environmental overview
evaluation the Roundabout Intersection Option would be less impactful compared to the Signalized
Intersection Option primarily from a noise and air quality perspective since there will be less
stopping/starting and idling at the intersection. The Signalized Intersection Option would have fewer
impacts to trees and minimize noise impacts to the residents in the Buffalo Run apartments. The overall
construction costs, including ROW, would be less for the Roundabout option. The Signalized option
would require the existing Buffalo Run full movement access onto Lincoln Avenue to be reconstructed
and potential restricted to right in/right out movements only.
Table 5: Intersection Option Comparison Summary
Favors
Attribute Positive Outcome Signalized Roundabout
Operational Efficiency Minimizes delay
X
Provides best overall Level of Service
Driver Safety Reduces potential for crashes
X
Reduces crash severity
Pedestrian Safety Minimizes pedestrian wait time
X
Improves pedestrian safety
Initial Impact Cost & ROW Minimizes need for additional ROW and associated costs
X
Minimizes construction costs
Environmental Impacts
Reduces fuel consumption and pollution
Reduces noise pollution Neutral
Minimizes wetland impacts
Minimizes trees/vegetation impacts
Multi-Modal Provides sidewalks, curb ramps and bike lanes Neutral
Access Management Minimizes impacts to adjacent intersections/accesses X
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
Appendix – Concept Plans for Option 1
(Signalized Intersection) and Option 2
(Roundabout Intersection)
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Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
Wilson & Company Page | 12
Option 1: Signalized Intersection
Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
Lincoln Ave. and International Blvd. Intersection Study 2015
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Option 2: Roundabout Intersection
Attachment10.4: Arterial Intersection Analysis (3055 : Lincoln Avenue and International Boulevard Roundabout)
SUSTAINABILITY ASSESSMENT SUMMARY
DATE: 2/20/15
SUBJECT: Sustainability Assessment (SA) Summary for Lincoln Avenue and International
Boulevard Roundabout
Key issues identified:
x Multi-modal improvements, compliance with ADA standards, better access for Buffalo Run
Apartments, and improved safety for all users.
x Less pavement, fewer emissions, wetland impacts
x Improved connectivity, mobility, less congestion, and better safety. Short term impacts to area
during construction.
Suggested mitigation actions:
• Wetland impacted requires mitigation through the City’s Land Use Code
• Signage, public outreach, social media as tools to address impacts during construction.
• We chose not to override the rating average.
Economic , 2.0
Social , 1 Environmental
, 0.0
Rating
Average, 1.0
1.0
-4.0
-3.0
-2.0
-1.0
0.0
1.0
2.0
3.0
4.0
Sustainability Rating
Rating without mitigation Rating with mitigation
Rating Legend
3 Very positive
2 Moderately positive
1 Slightly positive
0 Not relevant or neutral
-1 Slightly negative
-2 Moderately negative,
impact likely
-3 Very negative, impact
expected
ATTACHMENT 5
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Attachment10.5: Sustainability Assessment Summary and Tool (3055 : Lincoln Avenue and International Boulevard Roundabout)
*The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1
City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT)
(November 2014)
Creating a sustainable community
Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental,
human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we
depend.
How to use the tool
The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social
equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment
Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine:
• The process for cross-department collaboration in using the SAT
• Timing for applying a SAT
• When to apply a SAT
• How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings
Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php
The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some
of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making.
Brief description of proposal
To analyze a roundabout as the type of intersection at Lincoln Avenue and the north-south extension of “International Boulevard”. (This extension of
International Boulevard will be renamed in a future City Council action.)
Staff lead(s):
Marc Virata, Engineering 221-6567
Martina Wilkinson, Traffic Operations 221-6887
Sheri Langenberger, Engineering 221-6573
Aaron Iverson, FC Moves 416-2643
Pete Wray, Community Development and Neighborhood Services 221-6754
Stephanie Blochowiak, Community Development and Neighborhood Services 221-6750
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Attachment10.5: Sustainability Assessment Summary and Tool (3055 : Lincoln Avenue and International Boulevard Roundabout)
2
Social Equity
Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil,
political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a
safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the
differences among people. Emphasizing justice, impartiality, and equal opportunity for all.
Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing,
education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and
seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender,
relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are
addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how
the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in
creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis.
x Is this proposal affected by any current policy, procedure or action plan?
Has advice been sought from organizations that have a high level of
expertise, or may be significantly affected by this proposal?
Proposal Description
To identify a roundabout as the preferred intersection control at Lincoln
Avenue and the north-south extension of “International Boulevard” (both
minor arterial roadways). (This extension of International Boulevard will be
renamed in a future City Council action.)
1. Meeting Basic Human Needs
• How does the proposal impact access to food, shelter,
employment, health care, educational and recreational
opportunities, a safe and healthy living environment or
social services?
• Does this proposal affect the physical or mental health of
individuals, or the status of public health in our community?
• How does this proposal contribute to helping people achieve
and maintain an adequate standard of living, including housing,
or food affordability, employment opportunities, healthy families,
or other resiliency factors?
Analysis/Discussion
x This proposal sets the framework for improving the transportation
system and multi-modal access, providing additional connectivity
between the Andersonville, Buffalo Run, Airpark Village, and Fort
Collins Business Center neighborhoods and corridors
x This proposal does not affect physical or mental health.
x This proposal does not impact (negatively or positively) helping people
achieve and maintain an adequate standard of living.
2. Addressing Inequities and being Inclusive
• Are there any inequities to specific population subsets in this
proposal? If so, how will they be addressed?
• Does this proposal meet the standards of the Americans with
Disabilities Act?
• How does this proposal support the participation, growth
x This proposal has accounted for ADA standards. Crosswalks, curb
ramps, and bikelanes will be designed to meet or exceed ADA
standards.
x This proposal encourages alternate travel modes (cycling, walking, and
transit).
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Attachment10.5: Sustainability Assessment Summary and Tool (3055 : Lincoln Avenue and International Boulevard Roundabout)
3
and healthy development of our youth? Does it include
Developmental Assets?
• If the proposal affects a vulnerable section of our community (i.e.
youth, persons with disabilities, etc.)
3. Ensuring Community Safety
• How does this proposal address the specific safety and
personal security needs of groups within the community,
including women, people with disabilities, seniors, minorities,
religious groups, children, immigrants, workers and others?
x Roundabouts are considered a safer intersection for all users as
roundabouts have less conflict points than signalized intersections. All
proposed infrastructure improvements will meet City and ADA
standards.
4. Culture
• Is this proposal culturally appropriate and how does it affirm
or deny the cultures of diverse communities?
• How does this proposal create opportunities for artistic and
cultural expression?
x This proposal has no impact on cultural appropriateness and neither
affirms or denies the cultures of diverse communities.
x This proposal does not affect the cultures of diverse communities.
5. Addressing the Needs of Neighborhoods
• How does this proposal impact specific Fort Collins
neighborhoods?
• How are community members, stakeholders and interested
parties provided with opportunities for meaningful participation
in the decision making process of this proposal?
• How does this proposal enhance neighborhoods and
stakeholders’ sense of commitment and stewardship to our
community?
x This proposal will provide Buffalo Run Apartments with a direct
connection to the roundabout from Lincoln Avenue. Currently
westbound Lincoln Avenue as well as northbound and southbound
Lemay Avenue movements are either indirect (via 12th Street to Wal-
Mart’s private drive) or difficult (unprotected left turn to Lincoln
Avenue)
x This proposal along with the extension of International Boulevard will
provide additional connectivity for Airpark Village and Fort Collins
Business Center to the Lincoln Avenue and Lemay Avenue corridors.
x The proposal of a roundabout has been discussed as part of three
neighborhood meetings for the Capstone Cottages development plan,
which if approved and constructed, would build this roundabout.
x Staff took a recommendation of a roundabout to the Transportation
Board.
x Staff feels there is support for the roundabout, but not universal
support.
6. Building Capacity to Advance Social Equity
• What plans have been made to communicate about and
share the activities and impacts of this proposal within the
City organization and/or the community?
• How does this proposal strengthen collaboration and
cooperation between the City organization and community
members?
x As part of the Capstone Cottages neighborhood meetings, local
residents and business owners provided feedback on the roundabout.
x This proposal does not impact collaboration and cooperation between
the City and community members.
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Attachment10.5: Sustainability Assessment Summary and Tool (3055 : Lincoln Avenue and International Boulevard Roundabout)
4
Social Equity Summary
Key issues: Multi-modal improvements, compliance with ADA standards, better access for Buffalo Run Apartments, and improved safety for all
users.
Potential mitigation strategies: N/A
Overall, the effect of this proposal on social equity would be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus X
Rating represents group average
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
X
Environmental Health
Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to
climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural
resources.
Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for
support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify
and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and
waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources.
Analysis Prompts
• The prompts below are examples of issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for
any one project. Issues not covered by these prompts may be very pertinent
to a proposal - please include them in the analysis.
• Is this proposal affected by any current policy, procedure or action
plan? Has advice been sought from organizations that have a high level
of expertise, or may be significantly affected by this proposal?
To identify a roundabout as the preferred intersection control at Lincoln
Avenue and the north-south extension of “International Boulevard” (both
minor arterial roadways).
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Attachment10.5: Sustainability Assessment Summary and Tool (3055 : Lincoln Avenue and International Boulevard Roundabout)
5
1. Environmental Impact
• Does this proposal affect ecosystem functions or
processes related to land, water, air, or plant or
animal communities?
• Will this proposal generate data or knowledge related to the
use of resources?
• Will this proposal promote or support education in
prevention of pollution, and effective practices for
reducing, reusing, and recycling of natural resources?
• Does this proposal require or promote the continuous
improvement of the environmental performance of the City
organization or community?
• Will this proposal affect the visual/landscape or aesthetic
elements of the community?
Analysis/Discussion
x This proposal would impact a portion of existing low-quality wetlands
associated with the roadside ditch along Lincoln Avenue.
x Roundabouts in general reduce vehicle delay which improves air quality
over a conventional signalized intersection.
x It will be built to our current streetscape standards and roundabouts
provide enhanced opportunities for additional landscaping
improvements within the intersection.
2. Climate Change
• Does this proposal directly generate or require the
generation of greenhouse gases (such as through
electricity consumption or transportation)?
• How does this proposal align with the carbon reduction goals for
2020 goal adopted by the City Council?
• Will this proposal, or ongoing operations result in an
increase or decrease in greenhouse gas emissions?
• How does this proposal affect the community’s efforts to reduce
greenhouse gas emissions or otherwise mitigate adverse climate
change activities?
x Less pavement with the roundabout vs. a conventional intersection
design.
x Fewer emissions in general with a roundabout vs. a conventional
intersection.
3. Protect, Preserve, Restore
• Does this proposal result in the development or modification
of land resources or ecosystem functions?
• Does this proposal align itself with policies and procedures
related to the preservation or restoration of natural habitat,
greenways, protected wetlands, migratory pathways, or the
urban growth boundary
• How does this proposal serve to protect, preserve, or restore
important ecological functions or processes?
x This proposal would impact a portion of existing wetlands along Lincoln
Avenue, but when constructed the impacted wetlands would be
mitigated in compliance with the City’s Land Use Code.
x Construction of the intersection will restore area drainage function.
4. Pollution Prevention
• Does this proposal generate, or cause to be generated,
waste products that can contaminate the environment?
x Fewer emissions in general with a roundabout vs. a conventional
intersection.
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Attachment10.5: Sustainability Assessment Summary and Tool (3055 : Lincoln Avenue and International Boulevard Roundabout)
6
• Does this proposal require or promote pollution prevention
through choice of materials, chemicals, operational practices
and/or engineering controls?
• Does this proposal require or promote prevention of
pollution from toxic substances or other pollutants
regulated by the state or federal government?
• Will this proposal create significant amounts of waste or
pollution?
5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle
• Does this proposal prioritize the rethinking of the materials or
goods needed, reduction of resource or materials use, reuse of
current natural resources or materials or energy products, or
result in byproducts that are recyclable or can be re-circulated?
x This proposal does not meet any of these objectives.
6. Emphasize Local
• Does this proposal emphasize use of local materials,
vendors, and or services to reduce resources and
environmental impact of producing and transporting
proposed goods and materials?
• Will the proposal cause adverse environmental effects
somewhere other than the place where the action will take
place?
x Unknown at this time.
Environmental Health Summary
Key issues: Less pavement, fewer emissions, wetland impacts
Potential mitigation strategies: Wetland impacted requiring mitigation through the City’s Land Use Code
Overall, the effect of this proposal on environmental health would be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
Slightly
negative
Moderately
negative,
Very
negative,
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Attachment10.5: Sustainability Assessment Summary and Tool (3055 : Lincoln Avenue and International Boulevard Roundabout)
7
Rating represents group consensus x
Rating represents group average
or neutral impact
likely
impact
expected
x
Economic Health
Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy,
enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs.
Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis
• Is this proposal affected by any current policy, procedure or action plan? Has
advice been sought from organizations that have a high level of expertise, or
may be significantly affected by this proposal?
To analyze a roundabout as the type of intersection at Lincoln Avenue and the
north-south extension of “International Boulevard”.
1. Infrastructure and Government
• How will this proposal benefit the local economy?
• If this proposal is an investment in infrastructure is it designed
and will it be managed to optimize the use of resources
including operating in a fossil fuel constrained society?
• Can the proposal be funded partially or fully by grants, user
fees or charges, staged development, or partnering with
another agency?
• How will the proposal impact business growth or operations
(ability to complete desired project or remain in operation), such
as access to needed permits, infrastructure and capital?
Analysis/Discussion
x The proposal provides additional connectivity to northeast Fort Collins
with the creation of a new arterial roadway intersection with Lincoln
Avenue. Existing neighborhoods and businesses will have additional
access for transportation.
x The roundabout design will accommodate large trucks for businesses.
x This proposal does not contain any grant funding.
x The proposal will likely be constructed with development and would
then partially be reimbursed through City Street Oversizing.
x Improved mobility for commerce
2. Employment and Training
• What are the impacts of this proposal on job creation
within Larimer County?
• Are apprenticeships, volunteer or intern opportunities
available?
• How will this proposal enhance the skills of the local workforce?
x This proposal has the potential to create short-term construction jobs
within Larimer County
3. Diversified and Innovative Economy
• How does this proposal support innovative or
entrepreneurial activity?
x This proposal is unlikely to create “clean technology” or “green” jobs.
x This proposal will impact access to Lincoln Avenue and have negative
impacts to existing businesses and neighborhoods during the
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Attachment10.5: Sustainability Assessment Summary and Tool (3055 : Lincoln Avenue and International Boulevard Roundabout)
8
• Will “clean technology” or “green” jobs be created in this
proposal?
• How will the proposal impact start-up or existing businesses or
development projects?
construction phase (short term).
x The proposal will provide positive impact to businesses and
neighborhoods in the long term by providing additional connectivity,
access and less congestion.
4. Support or Develop Sustainable Businesses
• What percentage of this proposal budget relies on local services
or products? Identify purchases from Larimer County and the
State of Colorado.
• Will this proposal enhance the tools available to businesses
to incorporate more sustainable practices in operations and
products?
• Are there opportunities to profile sustainable and socially
responsible leadership of local businesses or educate
businesses on triple bottom line practices?
x It is unknown at this juncture whether local businesses will be utilized
for the construction.
x This project will be required to go through a competitive bidding
process if Street Oversizing funds are requested to reimburse the party
that constructs it.
5. Relevance to Local Economic Development Strategy
x This proposal implements the transportation network specified both on
the City’s Master Street Plan, the City’s Structure Plan and the East
Mulberry Corridor Plan.
Economic Prosperity Summary
Key issues: Improved connectivity, mobility, less congestion, and better safety. Short term impacts to area during construction
Potential mitigation strategies: signage, public outreach, social media as tools to address impacts during constriction.
Overall, the effect of this proposal on economic prosperity will be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus x
Rating represents group average
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
x
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Attachment10.5: Sustainability Assessment Summary and Tool (3055 : Lincoln Avenue and International Boulevard Roundabout)
Transportation Board
February 18, 2015 ATTACHMENT 6
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Attachment10.6: Transportation Board minutes, February 18, 2015 (3055 : Lincoln Avenue and International Boulevard Roundabout)
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Attachment10.6: Transportation Board minutes, February 18, 2015 (3055 : Lincoln Avenue and International Boulevard Roundabout)
- 1 -
RESOLUTION 2015-043
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DETERMINING THAT A SINGLE-LANE, MODERN ROUNDABOUT IS THE PREFERRED
ALTERNATIVE FOR THE INTERSECTION OF LINCOLN AVENUE AND THE
NORTH-SOUTH EXTENSION OF “INTERNATIONAL BOULEVARD”
WHEREAS, the planned intersection of Lemay Avenue with the north-south extension of
“International Boulevard” (to be renamed by City Council Resolution in a future action) has been
identified as a possible intersection for implementation as a roundabout; and
WHEREAS, City staff has conducted an analysis of the establishment of a single-lane,
modern roundabout at said intersection in accordance with Resolution 2001-120, which calls for
an Intersection Alternative Analysis to be conducted before roundabout improvements are
approved; and
WHEREAS, the Intersection Alternative Analysis reviewed by City staff considers the
six criteria of safety, capacity, air quality, cost, alternative mode mobility and special
requirements, and concludes that the single-lane, modern roundabout design is favored or neutral
in every criteria; and
WHEREAS, the City Council’s determination of the appropriateness of a single-lane,
modern roundabout at this location is independent of the proposed Capstone Cottages
development that may construct it, and this determination will continue in effect regardless of the
outcome of that proposed development; and
WHEREAS, after public outreach and receipt of the recommendation from the
Transportation Board, the City Council has determined that a single-lane, modern roundabout at
the intersection of Lincoln Avenue and the north-south extension of “International Boulevard” is
in the best interests of the City and should be authorized.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Intersection Alternative Analysis described in Resolution 2001-120
shows that a modern, single-lane roundabout is the preferred alternative for the intersection of
Lincoln Avenue and the north-south extension of “International Boulevard”, and that a
roundabout as described is appropriate for construction at that location.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
21st day of April, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Mark Sears, Natural Areas Program Manager
John Stokes, Natural Resources Director
Kurt Friesen, Director of Park Planning & Development
SUBJECT
Resolution 2015-044 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County
for the Construction and Maintenance of the North Shields Street Trailhead Parking Lot and Trails.
EXECUTIVE SUMMARY
The purpose of this item is to approve an intergovernmental agreement (IGA) with Larimer County which
defines the cost sharing of the construction and maintenance of a trailhead parking lot and trails as part of
Larimer County’s North Shields Street and Bridge project. Natural Areas staff has been working for the last
several years with Larimer County and Park Planning to partner on an effort to include a trail head parking lot
as part of the County’s North Shields Street bridge replacement and street widening project. In particular
Natural Areas and Park Planning are working with the County to provide better and safer access to the Poudre
River, Poudre Trail and adjoining natural areas for hiking, biking, tubing and fishing. Staff has prepared an IGA
that outlines the cost sharing and maintenance responsibilities between Larimer County and the City’s Natural
Areas Department and Park Planning Department.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The new Shields Street Bridge and almost one mile of road widening improvements will be paid for by Larimer
County. The road widening from just north of Vine Street to Willox Lane features a traffic lane and bike lane in
each direction and a center turn lane/median. The new bridge will be wide enough to accommodate bike lanes
and sidewalks, which will improve safety for traffic, bicyclists and pedestrians trying to access the Poudre River
corridor. The total construction contract for the project is $5.8 million. The County received federal grants to
widen the bridge, add the bike lanes and sidewalks, and construct a parking lot (which was requested by the
City) to provide safer access to the River. These grants require 32% local matching funds; City staff is
proposing that the City agree to fund 32% of the parking lot costs to provide the local match for the parking lot
grant.
The Shields Street Bridge, parking lot and paved trails on the north side of the River will provide improved
pedestrian access to the Poudre Trail to the south, to the River and to McMurry, Salyer and North Shields
Ponds Natural Areas. These improvements were requested by City staff and were not part of the County’s
original plans for the road and bridge project. The costs of the additional improvements will be shared by
Larimer County, Natural Areas and Park Planning. Natural Areas has pledged to maintain the parking lot, since
the primary benefit of the lot will be to provide access to the three Natural Areas and the River. The following is
a more detailed description of the improvements requested by City staff.
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Agenda Item 11
Item # 11 Page 2
A parking lot for 42 cars and one bus will be constructed northwest of the bridge on land owned by Larimer
County. The parking lot improvements will include a double vault toilet, paved handicap parking, kiosk,
bike racks, site sign, and an electric gate to control access between dusk and dawn.
A 6-foot wide concrete sidewalk/trail will be constructed to connect the parking area with the North Shields
Ponds Natural Area as requested by Natural Areas.
An 8-foot wide paved trail will be constructed to meet ADA standards for access. This trail will link the
parking lot to the River, and then continue under the north end of the bridge to connect with a natural
surface trail that will provide access to McMurry and Salyer Natural Areas. Rock stairs will be constructed
to provide tubers and kayakers access into the river. Larimer County lengthened the Shields bridge at
Natural Areas request to accommodate the 8-foot wide trail under the north end of the bridge.
An additional benefit of the project will be the County’s filling of a small portion of the eastern pond at North
Shields Ponds Natural Area to accommodate the widening of North Shields Street and to construct a new
trail along the east shore of the pond to improve access around the pond and to construct a wider wetland
edge to the pond.
CITY FINANCIAL IMPACTS
The total cost to provide land and construct the parking lot and trail improvements requested by the City is
approximately $381,964. The County is contributing approximately $148,494, Park Planning is contributing
approximately $27,071 and Natural Areas will contribute approximately $206,399, as detailed below.
Cost Breakdown - Parking Lot and Trail Improvements
County Park Planning Natural Areas TOTALS
Land Contributions $ 30,000 $ 4,766 $ 19,146 $ 53,912
Parking Lot and Trails $ 118,494 $ 22,305 $ 149,973 $ 290,772
Parking Lot Amenities $ 37,280 $ 37,280
TOTAL COSTS $ 148,494 $ 27,071 $ 206,399 $ 381,964
The total contribution by the City for the land, parking lot and trails will be approximately $233,470.
Reimbursement to the County in cash will be approximately $149,973 from Natural Areas and $22,305 from
Park Planning for a total of $172,278. Natural Areas and Park Planning are also contributing $23,912 in land
for various rights-of-way and temporary easements. Natural Areas will also be providing $37,280 in additional
amenities (kiosk, site sign, vault toilet, fence and gate) in the parking lot once the parking lot is completed by
the County.
Natural Areas will be responsible for the maintenance and capital replacement costs of the parking lot
improvements following construction, estimated to be $16,000 per year.
BOARD / COMMISSION RECOMMENDATION
On March 11, 2015, the Land Conservation and Stewardship Board (LCSB) unanimously voted to recommend
City Council approve an Inter-Governmental Agreement for the construction and maintenance of a Trailhead
Parking Lot and Trails as part of the Larimer County’s North Shields Street and Bridge project without,
however, specifying the internal City funding for the project.
The Board reviewed the IGA at its March 11 meeting and made the following recommendation:
“We compliment the City Natural Areas and Park Planning and County staffs for their diligence and
design of the project; we believe the project will make a major difference in providing safe access to
the River as well as improve the experience for the users tremendously. This project is also a strong
indicator of the long term positive partnership the City has with Larimer County.
Since this project provides benefits to multiple aspects of the City’s work, including traffic safety, river
Packet Pg. 183
Agenda Item 11
Item # 11 Page 3
use including tubers and kayakers, Poudre River trail users, as well as access to the City Natural
Area’s in the area, we believe that the internal City funding be reflective of this multi-faceted project.
We recommend that the internal City funding of the City’s cash and in kind contributions be rethought:
instead of Natural Areas paying $187,000 and Park Planning paying $22,000, it would be more
appropriate for Natural Areas to pay $87,000, Park Planning $22,000, and the remaining $100,000 of
the construction costs to come from Keep Fort Collins Great, General Fund excess revenues or other
appropriate sources. We also recommend that the ongoing $16,000/year costs to maintain the parking
lot and trails be split 50/50 with Natural Areas and the General Fund rather than Natural Areas fund
the total cost.”
While staff appreciates the efforts of the LCSB to find alternative sources of revenue to offset Natural Areas
costs, staff believes that it is appropriate for Natural Area funds to finance the project in the staff-recommended
amounts. The project will provide significant benefits to Natural Area visitors. This is a very heavily used area
and the improvements described will greatly enhance public safety, access, and enjoyment.
PUBLIC OUTREACH
Larimer County held 3-4 public open houses in 2012-13 to seek input on the construction of the North Shields
Street and Bridge Improvements, including the parking lot and trail improvements.
Natural Areas staff hosted a large public open house in June 2013 to seek input on a large variety of Poudre
River related projects; the trailhead parking lot and trail improvements were presented by Larimer County at
that open house, as well.
ATTACHMENTS
1. Location map (PDF)
2. North Shields Parking Lot Plans (PDF)
3. Land Conservation & Stewardship Board minutes, March 15, 2015 (PDF)
Packet Pg. 184
MCMURRY NATURAL AREA
PONDS NORTH NATURAL SHIELDS AREA
MAGPIE NATURAL MEANDER AREA
N
SHIELDS ST
W VINE DR
W WILLOX LN
VICINITY MAP
City of Fort Collins Natural Areas Department
²
City of Fort Collins Natural Areas
0 37.3005 75 150 225 Yards
NEW PARKING LOT
ATTACHMENT 1
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Attachment11.1: Location map (3058 : N Shields Trailhead IGA)
ATTACHMENT 2
Packet Pg. 186
Attachment11.2: North Shields Parking Lot Plans (3058 : N Shields Trailhead IGA)
Land Conservation & Stewardship Board Meeting
March 11, 2015
Minutes Excerpt
North Shields Trailhead Parking and Trails IGA
Staff has been working for the last several years with Larimer County and Parks Planning to
partner on an effort to include a trail head parking lot in the County’s North Shields Street
bridge replacement and street widening project. In particular Natural Areas and Parks are
working with the County to provide better and safer access to the Poudre River, Poudre Trail
and adjoining natural areas for hiking, biking, tubing and fishing. Staff has prepared an IGA
that outlines the cost sharing and maintenance responsibilities for the trail head parking lot
and trails between Larimer County and the City’s Natural Areas Department and the Parks
and Recreation Department.
The County’s total contribution to the parking lot and trails requested by the City will be
approximately $149,000. Natural Areas total contribution will be approximately $206,000 and
Parks total contribution will be approximately $27,000. The total contribution by the City for
the parking lot and trails will be approximately $233,000. Reimbursement to the County in
cash will be $149,973 from Natural Areas and $22,305 from Parks for a total of $172,278.
Natural Areas has agreed to be responsible for maintaining the trailhead parking lot and the
new paved trails providing access to McMurry Natural Area, North Shields Pond Natural
Area, the Poudre Trail and the Poudre River. The estimated annual costs are $9,000 for
maintenance and of $7,000 for capital replacement costs for a total annual expense of
$16,000.
These improvements were requested by the City and were not part of the County’s original
plans for the road and bridge project. The costs of the additional improvements will be shared
by Larimer County, Natural Areas and Parks. Natural Areas has pledged to maintain the
parking lot, since the primary benefit of the lot will be to provide access to the three natural
areas and the river.
Board members liked the idea of the overall project, however there was some discussion
regarding the financial split between NAD and Parks Planning. Members felt that the NAD
contribution should be less and that more money should come from either Keep Fort Collins
Great or General Fund Excess Revenues. Kurt Friesen, Director for Parks Planning reported
their commitment was one that could not be increased as their full budget is committed to
projects already.
Trudy made a motion to recommend that City Council approve the IGA, without specifying the
internal City funding; that Parks contribute $22K in cash, NAD contribute $100K in cash and in-
kind services and that the remaining $100K contribution in cash come from Keep Fort Collins
Great, General Fund dollars excess revenues or other appropriate sources; and the $16K annual
parking lot and trails maintenance costs be split between NAD and the General Fund or other
appropriate funding mechanisms.
Marcia Patton- Mallory seconded the motion.
Motion was unanimously approved.
ATTACHMENT 3
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Attachment11.3: Land Conservation & Stewardship Board minutes, March 15, 2015 (3058 : N Shields Trailhead IGA)
- 1 -
RESOLUTION 2015-044
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY FOR THE CONSTRUCTION AND
MAINTENANCE OF THE NORTH SHIELDS STREET TRAILHEAD
PARKING LOT AND TRAILS
WHEREAS, the City is the owner of properties known as the McMurray, Salyer, and
North Shields Ponds Natural Areas, along the Cache la Poudre River (the "City Properties"); and
WHEREAS, in 2014, Larimer County began work on North Shields Street adjacent to
the City Properties, including replacement of a bridge over the Poudre River (the “North Shields
Project”); and
WHEREAS, prior to beginning the North Shields Project, the County coordinated with
the City to incorporate into the project scope improvements to benefit the City Properties; and
WHEREAS, the County secured federal grants to complete the North Shields Project,
including the trailhead parking and improvements requested by the City; and
WHEREAS, the scope of the North Shields Project construction that includes the work
benefitting the City Properties is estimated to cost $377,000, thirty two percent of which must
come from local matching funds, pursuant to the federal grants; and
WHEREAS, a proposed intergovernmental agreement setting out the terms under which
the parties will cover the costs for the construction of the improvements benefitting the City
Properties is attached as Exhibit "A" and incorporated herein by reference (the "IGA"); and
WHEREAS, under the IGA, the City will contribute $206,000 from the Natural Areas
Department, including $37,000 in in-kind services related to kiosk, signage, and fence
improvements; and $27,000 from the Park Planning Division, including land costs, to satisfy the
City’s portion of the 32% local matching fund requirement; and
WHEREAS, funds have been appropriated and are available in the 2015 Natural Areas
Department and Park Planning Division budgets to satisfy the local funding requirement for the
project; and
WHEREAS, the City’s and County’s financial obligations under the IGA are contingent
upon the annual appropriation, budgeting and availability of specific funds to discharge those
obligations; and
WHEREAS, the, North Shields Project will benefit the City by providing improved
parking access for natural areas and creating a better interface for recreational use of existing
City trail facilities along the Poudre River, north of the Shields Street bridge; and
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WHEREAS, the Land Conservation and Stewardship Board considered the IGA at its regular
meeting on March 11, 2015, and unanimously recommended City Council approve the IGA; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes allows governments to
cooperate or contract with one another to provide any function, service or facility lawfully
authorized to each of the cooperating or contracting units; and
WHEREAS, under Section 1-22 of the City Code, intergovernmental agreements and
other cooperative arrangements between the City and other governmental entities are to be
submitted to the City Council for review, unless they fit within one of the exceptions that permit
authorization by the City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, that the Mayor is hereby authorized to enter into the Intergovernmental
Agreement between the City and Larimer County in substantially the form attached hereto as
Exhibit "A", with such modifications or additional terms and conditions as the City Manager, in
consultation with the City Attorney, determines are necessary or appropriate to protect the
interests of the City or to effectuate the purpose of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
21st day of April, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 189
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF CONSTRUCTION AND
MAINTENANCE OF SPECIFIC PARKING, TRAIL AND TRAILHEAD
IMPROVEMENTS AS PART OF THE NORTH SHIELDS STREET BRIDGE
WIDENING PROJECT
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made and
entered into this day of _____________, 2015, by and between THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation (the “City”) and THE BOARD OF COUNTY
COMMISSIONERS OF LARIMER COUNTY, COLORADO for the use and benefit of the
Larimer County Public Works Department (the “County”).
I. RECITALS
A. The parties to this Agreement entered into discussion in 2011 regarding inclusion of
certain parking, trail and trailhead improvements for the benefit of City-owned property
into a County project to improve North Shields Street; and
B. The County’s project entails widening a one-mile portion of Shields Street from Vine
Street to Willox Lane to include a traffic lane and bike lane in each direction and a center
turn lane/median, as well as replacing a bridge over the Poudre River with a new bridge
wide enough to accommodate bike lanes and sidewalks, resulting in improved safety for
traffic, bicyclists and pedestrians trying to access the river corridor (the “North Shields
Project”); and
C. The specific improvements requested by the City include a new parking lot, trailhead
improvements and paved trails north of the Shields Street bridge to provide improved
pedestrian access across the bridge to the Poudre Trail, to the river and to McMurry,
North Shields Ponds, and Salyer Natural Areas (the “City Improvements”); and
D. The County included the City Improvements in the federal grant applications it filed for
the North Shields Project, which grant was awarded to the County to widen the bridge to
add the bike lanes and sidewalks and to construct a parking lot (as requested by the City)
to provide safer access to the Poudre River; and
E. The federal grants awarded for the North Shields Project require 32% local matching
funds; and
F. The parties wish to enter into an intergovernmental agreement for purposes of
coordinating the funding of the construction and maintenance involved in the City
Improvements portion of the North Shields Project; and
G. The parties to this Agreement have the authority pursuant to Article XIV, Section 18 of
the Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to
enter into intergovernmental agreements for the purpose of providing any service or
performing any function which they can perform individually; and
Packet Pg. 190
Attachment1: Exhibit A (3067 : N Shields Trailhead IGA RESO)
2
H. The North Shields Project is located both within the City and within the County, with the
County assuming the lead in contracting for the performance of the work, and benefits
being realized by residents of both the City and the County, as well as by all users of the
improved portions of North Shields Street and the adjacent accesses to City natural area
and park facilities; and
I. The parties agree it is in their best interests to work cooperatively in the construction of
the North Shields Project, particularly with regard to the improved access being provided
in the project to and at City facilities, including work on the eastern pond of the North
Shields Ponds Natural Area; and
J. The County has retained under contract a qualified construction contractor (the
“Contractor”) who is able to construct the North Shields Project in collaboration with
City and County staff; and
K. The County received the low bid of $5,814,028 to complete construction of the North
Shields Project; that scope of the construction that includes the City Improvements which
are calculated to cost approximately $328,000 (Three Hundred Twenty Eight Thousand
Dollars); and
L. The City and County agree the County will assume primary responsibility, with close
coordination by the City, in determining the scope of work and budget to be issued to the
Contractor; and
M. This Agreement sets out the terms under which the parties will cover the costs for the
construction of the City Improvements, as part of the North Shields Project.
N. City and County agree to amend the estimated costs of each entity under this Agreement
to reflect a mutually agreeable payment structure, based on a comparison of respective
benefits and project needs.
II. CONSIDERATION
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree
as follows:
III. TERMS
1. The City and the County intend to share the costs, as described herein, associated with
completing the construction of improvements to the North Shields Project.
2. A document describing the cost estimate associated with constructing the City Improvements
portion of the North Shields Project is marked as Exhibit “A” and attached hereto and
incorporated by reference. The cost estimate for the construction of the City Improvements,
without the cost of land, is calculated to total approximately $328,000 (Three Hundred Twenty
Eight Thousand Dollars). The total cost estimate for the City Improvements including land,
Packet Pg. 191
Attachment1: Exhibit A (3067 : N Shields Trailhead IGA RESO)
3
rights of way and easements is calculated to be approximately $382,000 (Three Hundred Eighty
Two Thousand Dollars).
3. Upon execution of this Agreement, the City will reimburse the County for a portion of the
costs associated with the construction of the City Improvements, up to a total of $172,000 (One
Hundred Seventy Two Thousand Dollars) out of its own funds, unless otherwise agreed to by the
parties. The $172,000 includes: Bridge Extension to Accommodate Trail access to McMurry and
Salyer Natural Areas - $86,516; River Access Rock Stairs - $30,000; and the local matching
funds for the Federal Parking Lot Grant - 32% of $174,256 (total parking lot costs) = $55,762.
4. As of the date of this Agreement, the County has paid or will pay a portion of the costs
associated with the construction of the City Improvements, calculated to be approximately
$118,000 (One Hundred Eighteen Thousand Dollars) out of its own funds.
5. The City is contributing approximately $37,000 in materials and in kind services as set forth in
Exhibit A.
6. The City has already conveyed approximately $24,000 in Right of Way and Temporary
Construction Easements under Ordinance No. 119, 2014, and the County has donated
approximately $30,000 in land for the parking lot and trails.
7. The City’s total contribution including cash, materials contributions and land donations is
approximately $233,000 and the County’s total contribution including cash and land donation is
approximately $148,000.
8. The City authorizes the County to pay, and the County agrees to pay the Contractor’s fees and
expenses for completing the construction of the North Shields Project from those funds
transferred by the City, as previously approved by the Fort Collins City Council in the Natural
Areas and Park Planning departments 2015 budgets.
9. The County shall maintain accurate accounts of all North Shields Project construction
expenditures that are paid from the fees transferred by the City. The County shall provide to the
City information detailing incremental and total construction expenditures for the City
Improvements, and the remaining balance of funds on at least a quarterly basis.
10. The County shall notify and obtain the City’s consent prior to authorizing any changes in the
scope of services or other expenditures that would cause costs to exceed the amount budgeted in
Exhibit A.
11. The City and County shall each designate a representative to serve on the Project
construction team. The City and County will cooperate in the oversight of the construction
process. Such oversight shall include input by appropriate technical specialists from both the
City and the County staff.
12. Furthermore, final design work for the North Shields Project has been completed. This final
design work encompasses the work from Vine Street to Wilcox Lane along North Shields Street,
Packet Pg. 192
Attachment1: Exhibit A (3067 : N Shields Trailhead IGA RESO)
4
adjacent to the North Shields Ponds Natural Area to the west, and the McMurry and Salyer
Natural Areas to the east.
13. The City accepts no responsibility or liability for the services to be performed by the
Contractor.
14. The City’s and County’s financial obligations under this Agreement are contingent upon the
annual appropriation, budgeting and availability of specific funds to discharge those obligations.
Nothing in this Agreement shall create a payment guaranty by either party or a debt or a
multiple-fiscal year financial obligation under the Colorado Constitution or any similar
provisions of the City’s charter or ordinances.
15. The City and County intend that this Agreement bind them, their officers and employees.
Either party shall be permitted to specifically enforce any provision of this Agreement in a court
of competent jurisdiction.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By:
Name Title
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
Packet Pg. 193
Attachment1: Exhibit A (3067 : N Shields Trailhead IGA RESO)
5
BOARD OF COMMISSIONERS OF
LARIMER COUNTY, COLORADO
For the use and benefit of the Larimer County
Engineering Department
By:
Name Title
ATTEST:
County Clerk
APPROVED AS TO FORM:
County Attorney
Packet Pg. 194
Attachment1: Exhibit A (3067 : N Shields Trailhead IGA RESO)
EXHIBIT A
SCOPE OF CITY IMPROVEMENTS
The following is a more detailed description of the improvements requested by the City:
A parking lot for 42 cars and one bus will be constructed northwest of the bridge on land
owned by Larimer County. The parking lot improvements will include a double vault
toilet, paved handicap parking, kiosk, bike racks, site sign, and an electric gate to control
access between dusk and dawn.
A 6’ wide concrete sidewalk/trail will be constructed to connect the parking area with the
North Shields Ponds Natural Area as requested by Natural Areas.
An 8’ wide paved trail will be constructed to meet ADA standards for access. This trail
will link the parking lot to the west side of Shields Street and the river , then continue
under the north end of the bridge and up to the east side of Shields Street. The paved trail
on the east side of Shields will connect with a natural surface trail that will provide access
to McMurry and Salyer Natural Areas. Rock stairs will be constructed to provide tubers
and kayakers access into the river. Larimer County lengthened the bridge at Natural
Areas request to accommodate the 8’ wide trail under the north end of the bridge.
An additional benefit of the project will be the County’s filling of a small portion of the
eastern pond at North Shields Ponds Natural Area to accommodate the widening of North
Shields Street and to construct a new trail along the east shore of the pond to improve
access around the pond and to construct a wider wetland edge to the pond.
The total cost to construct the parking lot and trail improvements requested by the City has
been calculated to be approximately $328,000. Larimer County, Parks and Natural Areas will
each pay for a portion of the parking lot and trail improvements requested by the City. The land
and improvements costs are outlined below.
The County will pay for or contribute the following:
Parking Lot and Trail Improvements: Using Grant Funds $174,256
Less City Contribution of 32% to Cover Local Match for Grant $ 55,762
Total County Construction Costs $118,494
Land donated for Parking Lot and Trails $ 30,000
Total County Contribution $148,494
Packet Pg. 195
Attachment1: Exhibit A (3067 : N Shields Trailhead IGA RESO)
Natural Areas will pay for or contribute the following:
Bridge Extension to Accommodate Trail access to McMurry and $86,516
Salyer Natural Areas - Cash
River Access Rock Stairs - Cash $30,000
60% of the 32% Local Funds Match for Grant – Cash $33,457
Total Natural Areas Reimbursement to County Costs $149,973
Kiosk, Site Sign, Vault Toilet, Fence and Gate – in Kind $37,280
Donation of Road Right of Way and Temporary Easements $19,146
Total Natural Areas Contribution $206,399
Parks will pay for or contribute the following:
40% of the 32% Local Funds Match for Grant Cash $22,305
Total Park’s Reimbursement to County Costs $22,305
Donation of Road Right of Way and Temporary Easement $ 4,766
Total Park’s Contribution $27,071
The County’s total contribution to the parking lot and trails requested by the City will be
approximately $149,000. Natural Areas total contribution will be approximately $206,000 and
Parks total contribution will be approximately $27,000. The total contribution by the City for the
parking lot and trails will be $233,000. Reimbursement to the County in cash will be $149,973
from Natural Areas and $22,305 from Parks for a total of $172,278.
Natural Areas has agreed to be responsible for maintaining the trailhead parking lot and
the new paved trails north of the bridge providing access to McMurry Natural Area, North
Shields Pond Natural Area, the Poudre Trail and the Poudre River. The estimated annual costs
are $9,000 for maintenance and of $7,000 for capital replacement costs for a total annual expense
of $16,000.
Packet Pg. 196
Attachment1: Exhibit A (3067 : N Shields Trailhead IGA RESO)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Ellen Martin, Visual Arts Administrator
SUBJECT
Resolution 2015-045 Approving the Acceptance of the Proposed Donation of a Sculpture to be Placed at
Edora Pool Ice Center.
EXECUTIVE SUMMARY
This Resolution accepts the donation of a bronze sculpture representing a swimmer, donated by the Thornton
Family Foundation through the Fort Collins Area Swim Team (FAST). This sculpture will become part of the City’s
Art in Public Places collection and placed at the Edora Pool Ice Center (EPIC).
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Art in Public Places Ordinance states that all works of art with a value of $10,000 or more donated to the City
of Fort Collins that are to be placed in a public area, must be approved by the Art in Public Places (APP) Board.
Once approved, the Board recommends that City Council accept the work of art on behalf of the City.
The life-sized bronze sculpture depicts a swimmer. The piece, entitled “Master Swimmer”, will be created by artist
Sutton Betti. The proposed sculpture will be supported by sandstone slabs with a one-inch layer of glass to depict
the water level. Artist Sutton Betti has completed bronze sculptures for the City of Loveland and around the
country.
Fort Collins Area Swim Team (FAST), a 501(c)(3) organization, will commission the creation, installation, and
maintenance of the sculpture. After discussion with the APP Board, it is recommended that the sculpture be
allowed to include the FAST logo image on the swim cap of the bronze figure, but not the word FAST. The image
depicts a swimmer.
The Thornton Family Foundation and FAST would like to gift this artwork to the City of Fort Collins to be installed
near the front entrance of EPIC. This sculpture will be an inspiration to recreational and competitive swimmers.
This sculpture will join the two bronze sculptures depicting skaters that are located near the front entrance of EPIC.
This will be the first sculpture depicting a swimmer on this site.
CITY FINANCIAL IMPACTS
This item does not impact the City's general fund account. The sculpture is valued at $35,000, with an additional
$5,000 to be spent on sculpture installation and maintenance. Maintenance includes cleaning the bronze
sculpture for ten years.
Packet Pg. 197
Agenda Item 12
Item # 12 Page 2
BOARD / COMMISSION RECOMMENDATION
At its February 18, 2015 meeting, the Art in Public Places Board approved the art and recommended that Council
accept this work of art on behalf of the City. (Attachment 2)
PUBLIC OUTREACH
Support for the project has been received from the staff of EPIC, the Parks and Recreation Board, as well as
the Board of FAST.
ATTACHMENTS
1. Ilustrations and location of proposed sculpture (PDF)
2. Art in Public Places Board minutes, February 18, 2015 (PDF)
Packet Pg. 198
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Attachment12.1: Ilustrations and location of proposed sculpture (3071 : EPIC Art Donation)
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Attachment12.1: Ilustrations and location of proposed sculpture (3071 : EPIC Art Donation)
ATTACHMENT 2
Packet Pg. 201
Attachment12.2: Art in Public Places Board minutes, February 18, 2015 (3071 : EPIC Art Donation)
- 1 -
RESOLUTION 2015-045
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE ACCEPTANCE OF THE PROPOSED DONATION
OF A SCULPTURE TO BE PLACED AT EDORA POOL ICE CENTER
WHEREAS, the Thornton Family Foundation (the "Donor") has proposed donating to the
City a life-sized bronze sculpture depicting a swimmer, supported by sandstone slabs with a one-
inch layer of glass to depict the water level, entitled "Master Swimmer" (the "Artwork"); and
WHEREAS, the Artwork would be placed at Edora Pool Ice Center (EPIC) to recognize
the importance of recreational and competitive swimming in the Fort Collins community; and
WHEREAS, the proposed location for placement of the Artwork is between the parking
lot and the front doors of EPIC, and a plaque is proposed to be placed inside the front doors to
identify the Artwork; and
WHEREAS, the Donor has entered into an agreement with the Fort Collins Area Swim
team (FAST) to commission Sutton Betti to create the Artwork, and to install and maintain the
Artwork; and
WHEREAS, as part of the approved design, the City has agreed that the FAST logo may
be displayed on the swim cap of the swimmer depicted as part of the Artwork; and
WHEREAS, the value of the Artwork is estimated at $35,000; and
WHEREAS, maintenance of the Artwork for ten years following its installation will be
funded by FAST; thereafter maintenance will be funded from the City's Art in Public Places
maintenance fund; and
WHEREAS, Section 23-309 of the City Code requires that works of art with a value of
$300 or more to be donated to the City and placed in a public area may be accepted only with
approval of the Art in Public Places Board (the "APP Board"), and all such works with a value of
$10,000 or more may be accepted only with approval of the City Council, upon review of the
proposed donation and the recommendation of the APP Board; and
WHEREAS, at its regular meeting on February 18, 2015, the APP Board evaluated and
approved the proposed donation of the Artwork based on the City's Art in Public Places
Guidelines and recommended the City Council accept the donation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby accepts the proposed donation of the Artwork as
described in this Resolution, to be placed at Edora Pool Ice Center.
Packet Pg. 202
- 2 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
21st day of April, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 203
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Ellen Martin, Visual Arts Administrator
SUBJECT
Resolution 2015-046 Approving the Acceptance of the Proposed Donation of a bronze sculpture to be placed
at The Gardens on Spring Creek.
EXECUTIVE SUMMARY
This Resolution accepts the donation of a bronze sculpture from Bernice Penney and Family that was selected
and is currently on display in The Gardens on Spring Creek ARTiculture Exhibit. This sculpture will become part of
the City’s Art in Public Places collection.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Art in Public Places Ordinance states that all works of art with a value of $10,000 or more donated to the City
of Fort Collins that are to be placed in a public area, must be approved by the APP Board. Once approved, the
Board recommends that City Council accept the work of art on behalf of the City.
The bronze sculpture depicting a hawk, entitled, “Messenger,” was created by artist Joellen Domenico. The
sculpture is currently on display in the ARTiculture exhibit, which is the sculpture-on-loan program at The Gardens
on Spring Creek. To be accepted into the ARTiculture exhibit, the piece was juried by a panel of citizens. The
piece is installed in the Children’s Garden. Bernice Penney and Family would like to gift this artwork to the City of
Fort Collins, to remain on view at the Gardens on Spring Creek. The Gardens on Spring Creek supports this
donation.
CITY FINANCIAL IMPACTS
This item does not impact the City's general fund account. The sculpture is valued at $10,000. The sculpture will
remain in its current location in the Children’s Garden at The Garden’s on Spring Creek.
BOARD / COMMISSION RECOMMENDATION
At its December 17, 2014 meeting, the Art in Public Places Board approved the art and recommended that Council
accept this work of art on behalf of the City. (Attachment 2)
PUBLIC OUTREACH
To be accepted into the ARTiculture exhibit at The Gardens on Spring Creek, the piece was juried by a panel of
citizens. The sculpture is currently on view to the public.
Packet Pg. 204
Agenda Item 13
Item # 13 Page 2
ATTACHMENTS
1. Images and location of sculpture(PDF)
2. Art in Public Places Board minutes, December 17, 2014 (PDF)
Packet Pg. 205
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ATTACHMENT 1
Packet Pg. 206
Attachment13.1: Images and location of sculpture (3070 : Gardens on Spring Creek Art Donation)
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Packet Pg. 207
Attachment13.1: Images and location of sculpture (3070 : Gardens on Spring Creek Art Donation)
ATTACHMENT 2
Packet Pg. 208
Attachment13.2: Art in Public Places Board minutes, December 17, 2014 (3070 : Gardens on Spring Creek Art Donation)
- 1 -
RESOLUTION 2015-046
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE ACCEPTANCE OF THE PROPOSED DONATION
OF A SCULPTURE TO BE PLACED AT THE GARDENS ON SPRING CREEK
WHEREAS, Bernice Penney and Family (the "Donor") have proposed donating to the
City a bronze sculpture depicting a hawk in flight (the "Artwork"); and
WHEREAS, the Artwork is currently on display through the ARTiculture, sculpture-on-
loan program in the Children’s Garden at The Gardens on Spring Creek; and
WHEREAS, the Donor has proposed for the Artwork remain in the current site of its
installation in the Children’s Garden; and
WHEREAS, the Donor purchased the Artwork from sculptor Joellen Domenico, a
nationally-recognized artist of raptor sculpture, and the Artwork was originally accepted as an
ARTiculture exhibit by a panel of citizens; and
WHEREAS, the value of the Artwork is estimated at $10,000; and
WHEREAS, ongoing maintenance of the Artwork will be funded from the City's Art in
Public Places maintenance fund; and
WHEREAS, Section 23-309 of the City Code requires that works of art with a value of
$300 or more to be donated to the City and placed in a public area may be accepted only with
approval of the Art in Public Places Board (the "APP Board"), and all such works with a value of
$10,000 or more may be accepted only with approval of the City Council, upon review of the
proposed donation and the recommendation of the APP Board; and
WHEREAS, at its regular meeting on December 17, 2014, the APP Board evaluated and
approved the proposed donation of the Artwork based on the City's Art in Public Places
Guidelines and recommended the City Council accept the donation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby accepts the proposed donation of the Artwork as
described in this Resolution, to be placed at The Gardens on Spring Creek.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
21st day of April, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 209
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Christine Macrina, Boards and Commissions Coordinator
SUBJECT
Resolution 2015-047 Making an Appointment to the Commission on Disability.
EXECUTIVE SUMMARY
The purpose of this item is to appoint Sherri Reichow to the Commission on Disability to fulfill the remaining
term of resigning Commissioner Jeff Coons.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
Packet Pg. 210
- 1 -
RESOLUTION 2015-047
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMENT TO
THE COMMISSION ON DISABILITY
WHEREAS, a vacancy currently exists on the Commission on Disability (the
“Commission”) due to a resignation; and
WHEREAS, Councilmembers who interviewed applicants for appointments to existing
vacancies to the Commission in December 2014; and
WHEREAS, Sherri Reichow was selected to fulfill any upcoming vacancies; and
WHEREAS, the purpose of this Resolution is to fill the vacant position.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Sherri Reichow is hereby appointed to fill the vacant position on the
Commission on Disability, with a term to commence immediately and to expire on December 31,
2017.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
21st day of April, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 211
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
THIS ITEM HAS BEEN WITHDRAWN FROM CONSIDERATION
STAFF
Laurie Kadrich, Community Development & Neighborhood Services Dir
SUBJECT
First Reading of Ordinance No. 051, 2015, Amending the Land Use Code with Regard to City Development
Projects.
EXECUTIVE SUMMARY
The purpose of this item is to consider amending the Land Use Code to require any development review
project in which the City is an applicant to be reviewed by the Planning and Zoning Board (P & Z) and
eliminates formal appeals to the City Council, while allowing a Council override of a P & Z decision.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Currently City development projects are subject to the same development review process as any private sector
development project. As such, the project is required to meet all Land Use Code (LUC) requirements and be
subject to a Type 1 or Type 2 hearing as outlined in the LUC. Any resulting decision may be appealed to the
City Council. Therefore the Council has been prevented from participating in discussions regarding the
projects in order to avoid procedural issues in the event an appeal of the decision is sought. In many cases
the City Council has authorized a City project to advance through the development review process through a
strategic planning and budgeting process. Since the Council has input at the beginning of the project it has
been confusing to the public when the Council is not allowed to participate during the development review
process except in deciding appeals that are brought to Council.
In order to develop a process that would then allow Council, staff and members of the public to engage in
conversations related to City development projects, staff recommends the following changes to the LUC. The
changes recommended are similar to those allowed under Colorado Revised Statues (CRS) Section 31-23-
209 which describes what currently occurs for Site Plan Advisory Review (SPAR) processes. SPAR reviews
are currently conducted by the Planning and Zoning Board (P & Z) for most public projects such as those of
the Poudre School District or some Colorado State University projects. The SPAR process is limited to a
review of location, character and extent. If a review is disapproved by the P & Z, the governing board of the
public entity which is funding the project, by a vote of not less than two-thirds of its entire membership may
overrule the decision and approve the project.
Since City projects are currently subject to the same process as other development projects staff recommends
the following:
1. Require full development review and not limit the review to location, character and extent (SPAR) for any
City project.
2. Require all City projects to be reviewed as a Type 2 (Planning and Zoning Board) hearing rather than a
Agenda Item 15
Item # 15 Page 2
Type 1 (Hearing Officer) hearing. Holding Type 2 hearings may increase the transparency of the hearings
by having them televised and by having an appointed board review the project. CRS requires all SPAR
reviews under its jurisdiction to be reviewed by the P & Z.
3. A majority vote by the Council would overturn or modify any P & Z decision (whether approval or
disapproval) made regarding a city project.
Staff provided Council with a memorandum on January 2, 2015, outlining these recommendations, as well as
using the Planning and Zoning Board Hearing for public outreach. (Attachment 1) Staff was asked to move
forward with the recommendations contained in the memorandum.
BOARD / COMMISSION RECOMMENDATION
At its February 12, 2015 meeting, the Planning and Zoning Board held a public hearing and voted 5-0
(Boardmembers Heinz and Hobbs absent) to recommend the LUC amendments. (Attachment 2)
ATTACHMENTS
1. Staff memo re: City Projects, January 2, 2015 (PDF)
2. Planning and Zoning Board minutes, February 12, 2015 (PDF)
3. Powerpoint presentation (PDF)
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
MEMORANDUM
DATE: January 2, 2015
TO: Mayor and City Councilmembers
THRU: Darin Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Karen Cumbo, Planning, Development & Transportation Director
FROM: Laurie Kadrich, Community Development and Neighborhood Services Director
RE: Review of City Projects
SUMMARY
Currently City development projects are subject to the same development review process as any
private sector development project. As such, the project is required to meet all Land Use Code
(LUC) requirements and be subject to a Type 1 or Type 2 hearing as outlined in the LUC. Any
resulting decision may be appealed to the City Council. Therefore, the Council has been
prevented from participating in ex parte discussions in order to avoid procedural issues in the
event an appeal of the decision is sought. In most cases, the City Council has authorized a city
project to advance through the development review process through a strategic planning and
budgeting process. Since the Council has input at the beginning of the project, it has been
confusing to the public when the Council is not allowed to participate during the development
review process, except in deciding appeals that are brought to Council.
OPTION TO CONSIDER
Council may want to consider changing the appeal process for City projects to one similar to
what occurs in a Site Plan Advisory Review (SPAR) process. SPAR reviews are currently
conducted by the Planning and Zoning Board (P & Z) for most public projects, such as those of
the Poudre School District or some CSU projects. The SPAR process is limited to a review of
location, character and extent. If a review is disapproved by the P & Z, the governing board of
ATTACHMENT 1
Packet Pg. 214
Attachment15.1: Staff memo re: City Projects, January 2, 2015 (3043 : City Development Projects)
Review of City Projects
January 2, 2015
- 2 -
the public entity that is funding the project, by a vote of not less than two-thirds of its entire
membership, may overrule the decision and approve the project (Section 31-23-209 Colorado
Revised Statutes (CRS)). Staff would recommend that, if Council desires staff to prepare Code
amendments to change the process for City projects, Council could consider using a modified
version of the SPAR process consisting of the following:
1. Require a majority vote to overturn any P & Z decision (whether approval or
disapproval) made regarding a city project.
2. Require full development review and not limit the review to location, character and
extent (SPAR) for any City project.
3. Require all City projects to be reviewed as a Type 2 (P & Z Board) hearing rather
than a Type 1 (Hearing Officer) hearing. Holding Type 2 hearings may increase the
transparency of the hearings by having them televised and by having an appointed
board review the project. CRS requires all SPAR reviews under its jurisdiction to be
reviewed by the P & Z.
PUBLIC ENGAGEMENT
Staff suggests holding a public hearing at a Planning and Zoning Board (P & Z) meeting and
seeking a recommendation from the P & Z prior to Council consideration of this potential
change.
Packet Pg. 215
Attachment15.1: Staff memo re: City Projects, January 2, 2015 (3043 : City Development Projects)
Planning and Zoning Board Hearing Minutes
February 12, 2015
6:00 p.m.
Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich
Chair: Jennifer Carpenter Phone: (H) 231-1407
Project: Review of City Projects and Land Use Code Amendment
Project Description: This is a request to subject all City projects to a Type II review, with that review
coming before the Planning and Zoning Board. Therefore, the appeal process would be amended in a
manner that would be a legislative review by the City Council, rather than a judicial review.
Recommendation: Recommendation to City Council
Hearing Testimony, Written Comments and Other Evidence
Staff and Applicant Presentations
Director Kadrich explained the purpose of this item, which is to request that the Board recommend to City
Council a Land Use Code (LUC) amendment. She stated that, if a City project is going through the
development review process, it is subject to the code requirement that assigns it to a Type I or II hearing.
That project would also be subject to the current appeal process. City Council would be cautious in the
type of communications that they had with any parties belonging to or having interest in the project
(defined as ex parte communications). Therefore, if an appeal is sought, the City Council would be able
to hear the project information without bias from those other parties.
If all City projects were brought before the P&Z Board, their decision could ultimately be overturned by
the City Council by a majority vote. The reason for this is that, sometimes a City project will begin
through a budget or appropriation process, and the City Council may be involved until the project goes to
a development review. They may only hear of the project again if it is later appealed. This has created a
lot of confusion for citizens who may be engaged in the project process. This proposal is similar to the
Site Plan Advisory Review (SPAR) process, which is subject to decision overturning by the specific
governing body.
Staff/Applicant Response to Citizen Concerns
Member Schneider asked who could appeal the decision of this Board. Deputy City Attorney Eckman
responded that no one could appeal a decision based on the way this proposal is drafted; as a
substitution, the City Council may, by a majority vote, exercise its legislative power and overturn or
modify any final decision regarding the project. He continued by saying that this amendment would allow
citizens to communicate directly with the City Council their opinions on P&Z Board decisions. Vice Chair
ATTACHMENT 2
Packet Pg. 216
Attachment15.2: Planning and Zoning Board minutes, February 12, 2015 (3043 : City Development Projects)
Planning & Zoning Board
February 12, 2015
Page 2
Kirkpatrick asked whether this amendment would result in making the P&Z Board’s decisions more
political in the future. Deputy City Attorney Eckman responded by saying there would no longer would
be a necessity for Council to determine whether the LUC was properly interpreted; Council could
overturn a P&Z Board decision under their legislative powers. Member Hart stated that he thought the
purpose of this amendment was to provide a more transparent process for the people. Director Kadrich
responded that citizens had been confused when a City project went to a Type I hearing instead of
coming to the P&Z Board. Options other than an appeal process were also considered. With respect to
how the SPAR process works, she believes it is reasonable to request that P&Z Board would hear all
City project reviews.
Board Questions and Staff Response
Public Input
Eric Sutherland stated that he believes that many of the problems in the past have been the result of
citizen misinterpretations, which he also believes have been manufactured by City government. He
stated that the role of the City Council as defined by the City Charter has also been misinterpreted, which
places the City Council’s authority over the P&Z Board.
Board Deliberation
Member Hart feels this amendment will give citizens better access to the City Council and will also give
the Council more flexibility in dealing with those concerns. Member Hansen feels it will protect the rights
of the developers and property owners, let more citizens be fully engaged, but still uphold the LUC
requirements. Director Member Schneider asked how the process would work if a P&Z decision was
overturned (if the case would return to the P&Z Board at a later date). Kadrich clarified that staff would
still recommend compliance with the LUC. Deputy City Attorney Eckman added that the P&Z Board
would make their decision based on the LUC; City Council would make their decisions based on their
legislative prerogative, and the project would not return to the P&Z Board. City Council would be able to
overturn or modify a decision, but not remand. Member Schneider asked how the P&Z Board would be
held accountable for the standards in place. Deputy City Attorney Eckman stated that this is a hybrid
situation where the City must first comply with the LUC to get a favorable vote from the P&Z Board, but
City Council would not be required to uphold the LUC. Member Hansen stated that this amendment
could be beneficial to both citizens and the City, depending on the issue. Chair Carpenter expressed her
discomfort with this proposal; while she likes some parts of the proposal, she still wants the Board to be
more transparent. Deputy City Attorney Eckman stated that he is noticing some dissidence – he can
foresee some friction arising in the future. He also stated that he thought Estes Park was another
municipality that had exempted themselves from their LUC. Member Hart clarified that the City Council
has a broader charter and, while they may be intentionally ignoring LUC, they can vote to “better serve
community needs”.
Vice Chair Kirkpatrick asked whether this process would only be applicable when the City is an applicant,
rather than when the City is involved in other ways (i.e. through TIF). There was a question as to what
does the term “City-Sponsored” projects refer specifically. Deputy City Attorney Eckman could not recall
the specific reasons why “sponsored” is listed. Director Kadrich stated that it would be helpful to clarify
exactly which types of projects this amendment would apply to. Vice Chair Kirkpatrick stated that she
could more easily support this amendment if City is applicant; other situations will require more
deliberation. Member Hansen stated he believes this change will open up City projects to the community
and improve transparency overall.
Packet Pg. 217
Attachment15.2: Planning and Zoning Board minutes, February 12, 2015 (3043 : City Development Projects)
Planning & Zoning Board
February 12, 2015
Page 3
Director Kadrich requested the Board to make some sort of decision at this hearing. There was more
discussion as to how a motion should be worded and whether “City-Sponsored” and “City-Funded”
should be excluded from the motion. Director Kadrich stated that she did not know of any projects that
would be compromised with this amendment at this time. Deputy City Attorney Eckman added that, if the
City Council has to make some decision about sponsorship or other matters, they would prefer that it is
not quasi-judicial in order to avoid the ex parte issues or possibility of appeals. Vice Chair Kirkpatrick
stated her difficulty in supporting a potentially political process that meets the LUC but may be
contentious. Member Schneider asked if the applicant could legally refuse to comply with the LUC
because, for example, they know they will be financially supported by Tax Increment Financing (TIF)
dollars. Director Kadrich clarified that there is nothing proposed that would suggest that the City would
not comply with the LUC. The intent of this amendment to the ordinance is that any City project that is
required to go through the development review process would have to comply with the LUC and be
reviewed by the P&Z Board. If the City Council decides to hear it as a legislative matter, then they could
exercise their legislative powers at that time. Member Hart asked to forward their concerns to the City
Council so they could decide on the actual wording of the amendment. Deputy City Attorney Eckman
added that TIF or other quasi-judicial issues could be carved out. Member Hart asked to define what
“City-sponsored” projects include.
Member Hart made a motion to recommend to City Council to amend section 2.212 of the LUC for
City-development projects in which the City is the applicant and that all such projects be subject
to a Type II hearing before the Planning and Zoning Board. Vice Chair Kirkpatrick added that, if
the City definitions are to be more expansion, we would also recommend that there be a larger
public engagement process undertaken. Vice Chair Kirkpatrick seconded the motion. Vote: 5:0.
Other Business
None noted.
The meeting was adjourned at 8:04 pm.
Laurie Kadrich, CDNS Director Jennifer Carpenter, Chair
Packet Pg. 218
Attachment15.2: Planning and Zoning Board minutes, February 12, 2015 (3043 : City Development Projects)
1
First Reading
Amending Land Use Code
City Projects
Laurie Kadrich
Director, Community Development, Neighborhood
Services
April 21, 2015 Council Hearing
ATTACHMENT 3
Packet Pg. 219
Attachment15.3: Powerpoint presentation (3043 : City Development Projects)
2
Background
• Land Use Code (LUC) adopted in 1997
• Designated various processes under which
City Projects were to be reviewed
• Processes are subject to Appeal:
– Appeals to City Council
– Procedural concern with Ex parte
communications
Packet Pg. 220
Attachment15.3: Powerpoint presentation (3043 : City Development Projects)
3
Code Amendment Summary:
• Projects in which the City is an applicant
• Planning and Zoning Board (P & Z) review
• Full Development Review Process
• Majority vote by Council to overturn P & Z
decision
– Approval or
– Disapproval
Packet Pg. 221
Attachment15.3: Powerpoint presentation (3043 : City Development Projects)
4
Board Review:
• P & Z Board
• February 12, 2015
• One citizen spoke
• P & Z unanimously supported the
amendment
Packet Pg. 222
Attachment15.3: Powerpoint presentation (3043 : City Development Projects)
5
Staff Recommendation
• Staff recommends adoption of Ordinance No.
051, 2015, Amending the Land Use Code
with Regard to City Development Projects
Packet Pg. 223
Attachment15.3: Powerpoint presentation (3043 : City Development Projects)
- 1 -
ORDINANCE NO. 051, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE WITH REGARD TO
CITY DEVELOPMENT PROJECTS
WHEREAS, currently the Land Use Code provides that City development projects must
go through the same process and analysis as any other project subject to the Land Use Code; and
WHEREAS, the City Council has determined that although such City projects should be
reviewed under the full terms and conditions of the Land Use Code, all such reviews should be
conducted by the Planning and Zoning Board, and there should be no right of quasi-judicial
appeal to the City Council of any final decision regarding such City projects; and
WHEREAS, the City Council has further determined that in substitution of right of quasi-
judicial appeal, the City Council in its legislative function should, by majority vote, have the
power to overturn or modify any final decision regarding such City project; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Land Use Code be amended accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 2.2.12 of the Land Use Code is hereby amended to read as
follows:
2.2.12 Step 12: Appeals
Appeals of any final decision of a decision maker under this Code shall be only in
accordance with Chapter 2, Article II, Division 3 of the City Code, unless otherwise
provided in Divisions 2.3 through 2.11 of this Code. Despite the foregoing, if the City is
the applicant for a development project, there shall be no appeal of any final decision
regarding such development project to the City Council. In substitution of an appeal of a
development project for which the City is the applicant, the City Council may, by
majority vote, as an exercise of its legislative power and in its sole discretion, overturn or
modify any final decision regarding such project.
Section 2. That Article 2 of the Land Use Code is hereby amended by the addition of
a new Division 2.17 which reads in its entirety as follows:
Division 2.17 City Projects
Development projects for which the City is the applicant shall comply with this Land Use
Code but shall be subject to review by the Planning and Zoning Board in all instances,
Packet Pg. 224
- 2 -
despite the fact that certain uses would otherwise have been subject to administrative
review.
Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2015, and to be presented for final passage on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 225
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY April 21, 2015
City Council
STAFF
Jon Haukaas, Water Engr Field Operations Mgr
SUBJECT
First Reading of Ordinance No. 052, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to
Allow for the Waiver of Certain Requirements for a Temporary Connection to the Water System as an Irrigation
Source for the Establishment of Native Vegetation.
EXECUTIVE SUMMARY
The purpose of this item is to allow the Utilities Executive Director the option to waive the water plant
investment fee (WPIF) for projects that only require irrigation for the establishment of native vegetation during
the first three years of growth. The City has actively pursued native vegetation for greenspaces and
landscaping as a means to reduce long term demand and improve the sustainability of water availability in our
region. Successful establishment of such vegetation typically requires irrigation in its first two to three years.
After establishment, it can be successful with only the limited natural precipitation of the area. City Code
requires that all connections to the water utility pay a WPIF. With this change, the Utilities Executive Director
may waive the WPIF for projects that only require irrigation for the establishment of native vegetation during
these first three years of growth. All charges for water use would be due by the requesting customer as well
as the costs to disconnect at the end of that period.
After further discussion, this item was modified to apply to any project meeting these goals.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
As the City has focused on more natural and sustainable capital infrastructure projects over the years, the
demand for temporary irrigation water to establish vegetation has increased. Examples include the Canal
Importation Basin & Outfall project at Red Fox Meadows Natural Area, Poudre River bank stabilization
projects, stream restoration projects on Fossil Creek, and the channel outfall project for the West Vine basin.
The latest project with a high demand for water is the Natural Areas department restoration at the new
Homestead Natural Area along he Poudre River. The Utility has examined various solutions to this dilemma
over time and determined that this modification to the City Code is the most reasonable method to address the
issue.
City Code requires that all connections to the water utility pay a water plant investment fee. This fee
recognizes the investments made by the customers of the Utility in creation of the overall system. The fee is
used for growth-related capital expansion costs of water supply, storage, transmission, treatment and
distribution facilities and related factors.
The establishment of native vegetation reduces the long term demand for water thereby improving the
sustainability of water availability in our region as well as impact to other Utility resources. Long term seasonal
uses would not be eligible for this waiver. Examples of such seasonal uses would include water fountains,
outdoor water features, and lawn irrigation to permanent City facilities. Such outdoor seasonal uses drive the
Packet Pg. 226
Agenda Item 16
Item # 16 Page 2
ultimate capacity needs of the system and are therefore, also the primary driver when determining the sizing of
water main installation and replacement requirements. This translates to the value of the WPIF to charge for
system connections.
Prior to complete build-out of the City and system, excess capacity does exist on a limited basis. It is to the
advantage of our customers to maximize that availability of the system by allowing the use of this excess
capacity to establish native vegetation, provided it does not impact other long term needs or adversely affect
the capacity of the water utility to treat and deliver water for its users.
As an example of the water needed for the establishment of a major restoration project, to irrigate a 30 acre
with surface sprayers requires a 3” water connection. The WPIF for such a use is calculated based on the
peak day demand and equaled approximately $164,000 in 2014. This WPIF pays for the permanent
investment and ownership in the system.
Staff believes it is reasonable for this WPIF to be waived on projects that only need the connection for a period
of three years or less and will not adversely affect the ability of the water utility to treat and deliver water for its
users during that time.
For the same reasoning, this waiver is not appropriate for ongoing uses such as Homeowners Associations,
community gardens, or Community Supported Agriculture (CSAs) as these would require the water forever
thereby adding to the overall demands on the system rather than temporarily using excess capacity. Any use
adding to the demands of the system is required to pay a Plant Investment Fee.
CITY FINANCIAL IMPACTS
As this action would allow for the use of excess capacity in the distribution system, it will result in better
utilization of our infrastructure and additional revenue to the utility from the sale of water. This will provide a
more economical solution to obtaining water for native vegetation establishment the purchase of a permanent
water connection or compared to the cost to purchase and haul water to the site in tankers. All charges for
connection to the system, the water use during the period needed, and the costs to disconnect at the end of
that period, would be due by the requesting agency.
All connections will still be required to include a meter and associated infrastructure to record actual use. The
department requesting the connection will continue to be responsible for the costs of installation, all application
use and service charges, and will be required to escrow funds at the time of connection to cover future costs of
disconnection and restoration of impacted City infrastructure.
Use fees shall be set per City Code Subsection 26-129(b)(4) for use of water through a hydrant, which is an
analogous temporary use. These fees are calculated to include a payment to satisfy the Raw Water
Requirement of use of the City’s system.
It is also not the intention of this Code change to allow for a delay of payment of the WPIF for projects that will
need this connection for use after the initial three year establishment period. Any connection that is anticipated
to be needed for greater than three years would be required to pay the WPIF at the time of connection.
BOARD / COMMISSION RECOMMENDATION
At its February 19, 2015 meeting, the Water Board unanimously supported a recommendation that the City
Council approve the Ordinance.
PUBLIC OUTREACH
This item is specific to projects for which the City can ensure the use will be temporary only. Staff from the
Stormwater Utility, Parks, and Natural Areas were all consulted during the development of the proposed Code
revision language.
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Agenda Item 16
Item # 16 Page 3
ATTACHMENTS
1. Water Board minutes, February 19, 2015 (draft) (PDF)
2. Powerpoint presentation (PDF)
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Excerpt from Unapproved Water Board Minutes February 19, 2015
Stormwater Escrow Policy
(Attachments available upon request)
Civil Engineer Dan Mogen of the Stormwater Department provided a PowerPoint presentation.
The Water Board was also provided, prior to the meeting, an agenda item summary, draft
ordinance, and several draft certification and receipt documents for residential and commercial
properties. City Code currently has language allowing for the City to grant a Certificate of
Occupancy (CO) if given an “acceptable assurance” that the necessary stormwater facilities will
be constructed as soon as possible. For some properties, cold temperatures and frozen ground do
not allow for completion of all stormwater facilities at the site even if all other aspects of the
project have been completed. The City has historically accepted escrow payments without any
formal written policy, fee, or timeline for completion of the stormwater projects. This agenda
item is to formalize and improve upon this historical policy. Mr. Mogen thought that about 10%
of development projects require this type of escrow for delayed completion of stormwater
facilities, with about 180 escrow accounts in 2014 and 25 escrow accounts so far in 2015.
Additional details of this agenda item were provided in the summary and related materials.
Discussion: A board member inquired about the two payment structures provided in the
PowerPoint presentation. Mr. Mogen and Mr. Haukaas clarified that the formulaic payment
structure was for multi-lot development sites while the fixed payments were for individual lots.
A board member inquired about the purpose of visual inspections by city staff. Mr. Mogen and
Mr. Haukaas responded that an engineer certification would still be required at the site, but that
the City visual inspection would be an informal check on the completion of planned stormwater
facilities at the site.
Motion: Board Member Mike Brown moved that the Water Board approve the Stormwater
Escrow Procedure, and recommend that City Council approve the Ordinance amending
Chapter 26 of City Code to clarify conditions under which a development may defer
stormwater installation requirements to obtain a Certificate of Occupancy for up to 180
days by providing certain escrows as assurance of completion.
Board Member Alex Maas seconded the motion. It passed unanimously.
ATTACHMENT 1
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Attachment16.1: Water Board minutes, February 19, 2015 (draft) (3039 : Water Plant Investment Fee Waiver)
City Council Meeting
April 21, 2015
Jon Haukaas, Operations Manager
Water Engineering & Field Services
Water Plant Investment Fee Waiver
for Native Vegetation Establishment
ATTACHMENT 2
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Attachment16.2: Powerpoint presentation (3039 : Water Plant Investment Fee Waiver)
First Reading of an Ordinance
Amending Chapter 26 of the Code
of the City of Fort Collins
Allow for the waiver of Plant Investment Fee
for a temporary connection (3 Year maximum)
for irrigation to establish Native Vegetation
2
Purpose
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Attachment16.2: Powerpoint presentation (3039 : Water Plant Investment Fee Waiver)
A Water Plant Investment Fee (WPIF)
is required for all connections to the Water System
Chapter 26-120(a)
• The WPIF is based on the permanent demand placed on
the system due to the connection.
• Required for all direct connections to the system.
• Payment of the WPIF creates a Vested Right to water
deliveries through the distribution system.
• Subject payment of use charges and other miscellaneous fees.
3
Plant Investment Fee
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Attachment16.2: Powerpoint presentation (3039 : Water Plant Investment Fee Waiver)
4
Restoration Project Focus
- Native Vegetation
• The City actively
pursues native
vegetation for
greenspaces and
landscaping.
• Successful vegetation
establishment typically
requires irrigation only
in its first two to three
years.
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Attachment16.2: Powerpoint presentation (3039 : Water Plant Investment Fee Waiver)
The ratepayers of the Utility benefit by:
• The establishment of native vegetation reduces the long
term demand for water thereby improving the
sustainability of water availability in our region as well as
impact to other Utility resources.
• It is to the advantage of our customers to maximize that
availability of the system, provided it does not impact
other long term needs or adversely affect the capacity of
the water utility to treat and deliver water for its users.
5
Ratepayer Benefit
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Attachment16.2: Powerpoint presentation (3039 : Water Plant Investment Fee Waiver)
Direct Connection
A direct connection is often
the most desirable and
efficient.
6
Typically the only way to
provide large volumes of
water to major restoration
areas.
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Attachment16.2: Powerpoint presentation (3039 : Water Plant Investment Fee Waiver)
Fossil Creek Restoration Project
Preparation for seeding and landscaping installation, April 2015 7
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Attachment16.2: Powerpoint presentation (3039 : Water Plant Investment Fee Waiver)
West Vine Restoration Project
Native vegetation establishment in progress using temporary irrigation 8
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Attachment16.2: Powerpoint presentation (3039 : Water Plant Investment Fee Waiver)
“Temporary” Use
For purposes of this action, Temporary Use refers to a
finite number of years.
Not to be confused with a use that is only the
summer irrigation season.
The summer irrigation season represents the peak demand
on our system and therefore the worst case.
Temporary uses are the first demand eliminated when
implementing water restrictions as a drought response.
9
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Attachment16.2: Powerpoint presentation (3039 : Water Plant Investment Fee Waiver)
Temporary vs. Permanent Demand
Temporary use:
Projects to establish Native Vegetation or Xeriscape
Projects would use excess capacity of the existing
system for a period not to exceed three years.
Permanent use:
Homeowners Associations greenspace and
Community Supported Agriculture
Projects create a permanent demand on the system
therefore adding to the demand rather than use of
excess capacity.
10
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Attachment16.2: Powerpoint presentation (3039 : Water Plant Investment Fee Waiver)
Alternatives for Small Areas
Existing Code 26-124:
• Allows for rental of bulk water through metered use of a fire hydrant.
• Commonly used
throughout the
City.
• Typically 20-30
in use at any
given time.
11
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Attachment16.2: Powerpoint presentation (3039 : Water Plant Investment Fee Waiver)
Use Rates
Rate for use of water:
Based on the fee established for bulk water sales
Water station
Hydrant rental
This Ordinance, if approved.
$6.00 per one 1000 gallons of metered water use.
City Code 26-129 (b)(4)
12
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Attachment16.2: Powerpoint presentation (3039 : Water Plant Investment Fee Waiver)
Recommendation
13
Staff recommends approval of the Ordinance to
continue providing World Class projects to the
citizens of Fort Collins by the most cost
effective and efficient means.
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Attachment16.2: Powerpoint presentation (3039 : Water Plant Investment Fee Waiver)
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ORDINANCE NO. 052, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO ALLOW FOR THE WAIVER OF CERTAIN REQUIREMENTS FOR A TEMPORARY
CONNECTION TO THE WATER SYSTEM AS AN IRRIGATION SOURCE FOR THE
ESTABLISHMENT OF NATIVE VEGETATION
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain, and provide for the collection of such rates, fees, or
charges for utility services furnished by the City as will produce revenues sufficient to pay the
costs, expenses, and other obligations of the water utility, as set forth therein; and
WHEREAS, City Code Section 26-120 requires the payment of water plant investment
fees (“WPIFs”) which reflect the investments made by the customers of the water utility in the
creation of the overall water system; and
WHEREAS, the WPIFs are based on and used for growth-related capital expansion costs
of water supply, storage, transmission, treatment and distribution facilities and related factors;
and
WHEREAS, excess capacity in the existing water system may exist on a short-term basis
that can be made available to projects of limited duration, which do not require capital
expansions or improvements to the water system and which do not necessitate the imposition of
costs related to capital expansions or improvements; and
WHEREAS, the establishment of new native vegetation for a period not to exceed three
consecutive irrigation seasons is such a project of limited duration; and
WHEREAS, City Code Section 26-149 does not currently address the amount of the raw
water requirement for such temporary use for the establishment of new native vegetation and
does not address the amount of the annual allotment for such use, both of which may be based on
the amount of water that would be applied to the subject native vegetation during the irrigation
season; and
WHEREAS, City Code Section 26-150 does not currently address the satisfaction of the
raw water requirement for such temporary use for the establishment of new native vegetation,
which may be satisfied through a payment in an amount equal to that used for fire hydrant fees in
City Code Subsection 26-129(b)(4); and
WHEREAS, it is to the advantage of water utility customers to maximize any excess
capacity in the existing water system, provided that it does not adversely affect the capacity of
the water utility to treat and deliver water for its users; and
WHEREAS, the City Manager and City staff have recommended to the City Council that
the following changes be made.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 26-120(e) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-120. Water plant investment fees.
. . .
(e) Notwithstanding the provisions of Subsection (a) of this Section, if the applicant
desiring to connect to the water utility is a City service area, department or division, or
the Poudre Fire Authority, the Utilities Executive Director may waive payment of the
WPIF if the Utilities Executive Director determines that the requested connection will not
adversely affect the capacity of the water utility to treat and deliver water for its users,
and if at least one of the following sets of requirements applies. Under either set of
requirements, the Utilities Executive Director shall have the authority to discontinue the
temporary water service if the capacity of the water utility to treat and deliver water to its
users is adversely affected. Any such connection authorized by the Utilities Executive
Director shall only be operated at the time and for the duration as determined by the
Utilities Executive Director. In addition, a connection authorized under this Subsection
(e) may not be used during the period of May 1 through September 30 of any year unless.
(1) The applicant is a customer of the water utility and shall only use the
water connection as a source of irrigation water for the establishment of new
native vegetation. For the purposes of this requirement, native vegetation shall be
as defined in the City’s Land Use Code or, if native vegetation is no longer
defined in the City’s Land Use Code, shall be vegetation that normally does not
require water in addition to precipitation. The approved period of such
connection shall not exceed a period of three (3) consecutive irrigation seasons.
The applicant shall physically separate and abandon the water connection from
the City’s water distribution system at the end of the approved period of such
connection and shall, before any such connection is made, escrow funds with the
Utility to complete such disconnection and abandonment, with the amount of the
funds to be determined by the Utilities Executive Director based on the estimated
direct costs to complete such disconnection and abandonment plus fifteen (15)
percent for indirect costs.
(2) The applicant is a City service area, department or division, or the Poudre
Fire Authority, no new physical connection to the City’s water system is required,
water use under this Subsection (e) would not occur during the period of May 1
through September 30, and the Utilities Executive Director determines that the
applicant’s water use of the connection under this Subsection (e) during such time
period is necessary because the applicant’s regular water supply has become
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unavailable during that period and the unavailability of the applicant’s regular
water supply will result in measurable economic damage to the applicant.
. . .
Section 2. That Section 26-149 of the Code of the City of Fort Collins is hereby
amended by the addition of a new subsection (g) which reads in its entirety as follows:
Sec. 26-149. Raw water requirement; nonresidential service.
. . .
(g) Applicants seeking a temporary water connection under Subsection 26-120(e)(1)
shall meet the RWR and shall be assigned an annual allotment as set forth in this
Subsection. The RWR for such applicants shall be three times the maximum estimated
amount of water that would be applied to the subject native vegetation during one
irrigation season, as determined by the Utilities Executive Director. The annual allotment
shall for such applicants shall be the maximum estimated amount of water that would be
applied to the subject native vegetation during one irrigation season, as determined by the
Utilities Executive Director.
Section 3. That Section 25-150(a) of the Code of the City of Fort Collins is hereby
amended by the addition of a new paragraph (4) which reads in its entirety as follows:
Sec. 26-150. Raw water requirements; satisfaction.
(a) The RWR imposed pursuant to this Division may be satisfied by one (1) or more
of the following methods:
. . .
(4) Applicants seeking a temporary water connection under Subsection 26-
120(e)(1) shall meet the RWR by a payment to Utilities in the amount of six
dollars and zero cents ($6.00) per one thousand (1,000) gallons.
. . .
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Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2015, and to be presented for final passage on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment7.1: Sustainability Assessment Summary and Tool (3069 : Conveyance-Walnut Street 354, LLC)