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Item # 1 Page 1
AGENDA ITEM SUMMARY March 3, 2015
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
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.
EXECUTIVE SUMMARY
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.
ATTACHMENTS
1. January 20, 2015 (PDF)
2. February 3, 2015 (PDF)
3. February 10, 2015 (PDF)
City of Fort Collins Page 13
January 20, 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 noted Council has received a revised Resolution for Item No. 13,
Resolution 2015-012 Submitting to the Registered Electors of the City an Ordinance Extending
the Expiring Twenty-Five Hundredths Percent (0.25%) "Building on Basics" Capital Projects
Sales and Use Tax for a Period of Ten Years for the Purpose of Obtaining Revenue for Certain
"Community Capital Improvement Program" Capital Projects and Related Operation and
Maintenance.
CITIZEN PARTICIPATION
Kelly Ohlson encouraged the use of a formal prioritization process if overages in City funds are
used for capital projects. He opposed any type of favoritism by Councilmembers in determining
appropriate capital projects.
Kevin Pass stated City and County air quality recommendations regarding the Martin Marietta
asphalt plant were ignored by CDPHE and Martin Marietta. He stated the City should require
asphalt trucks be covered when driving through town.
Dolores Williams opposed the on-campus stadium and stated citizens should have the ability to
vote on the proposal.
Betty Aragon thanked Mr. Ohlson for his comments and noted speaking before Council can be
difficult. She also thanked Councilmember Overbeck for his comments regarding gentrification.
Elizabeth Hudetz thanked Council for its work and suggested the Marin Marietta asphalt plant
should be relocated away from schools.
Chris Cooper stated she is the English Ranch gardener and discussed a meeting held with
residents opposed to the community garden in the area. She requested a meeting be held with the
entire neighborhood prior to action on removing or relocating the garden.
Cheryl Distaso, Fort Collins Community Action Network, discussed the Homelessness Summit
to be held January 21 and in March and requested immediate solutions as a result of those
discussions. She opposed ticketing homeless residents who camp in the City’s Natural Areas
and requested information regarding the process that is followed when homeless residents pass
away in shelters. Additionally, she discussed gentrification in the Tres Colonias neighborhoods.
January 20, 2015
City of Fort Collins Page 14
Mike Pruznick asked how the recently adopted Airport Master Plan protects the quality of life
and property values of District 3 residents, how it protects residents from the environmental
impacts of the Airport, and how the Plan protects the City’s long-term needs for financial
stability and control. Additionally, he discussed potential improvements for the Climate Action
Plan including maximizing education and options, implementing net zero building codes and net
positive capable building codes, legalizing micro-grid technology, creating sustainable City
planning requirements, and using efficiency for optimization. Mr. Pruznick also opposed the on-
campus stadium.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Cunniff supported Mr. Ohlson’s suggestion of a prioritization process for capital
projects and supported Mr. Pass’ suggestion regarding requiring asphalt trucks to be covered in
City limits. Additionally, he requested the release of legal information regarding what the City
can and cannot do regarding the on-campus stadium.
Councilmember Overbeck thanked Ms. Aragon and Ms. Distaso for speaking and requested staff
follow-up regarding Ms. Distaso’s concerns. He discussed a meeting he had with staff regarding
gentrification, social and economic issues and displacement and encouraged Ms. Aragon and Ms.
Distaso to aid in the discussion. Additionally, Councilmember Overbeck supported covering
asphalt trucks in city limits.
Mayor Pro Tem Horak noted requiring that trucks be covered would likely need to involve trucks
carrying all materials. Additionally, he noted an email response regarding the individual who
passed away at a shelter was sent this morning. He stated citizens may bring forth a petition for
a vote on the stadium issue and questioned what Council could do regarding the gentrification
issue.
City Manager Atteberry stated the team working on the gentrification issue is currently limited to
City staff and is intended to be an internal working team. He stated adding citizens to that team
would change the scope of the research.
Councilmember Overbeck suggested community members will provide valuable input as the
team branches out for feedback.
Mayor Pro Tem Horak noted a meeting will be held between the City, Martin Marietta and Mr.
Pass’ group.
Councilmember Campana noted the City has an ordinance requiring trucks to be covered which
is triggered by the distance the truck travels. He stated is unsure how that applies to asphalt
given its temperature. Additionally, he discussed his role in the English Ranch garden issue and
stated he supports urban agriculture and community gardens but there are better locations for the
garden or an orchard within the English Ranch park.
CONSENT CALENDAR
January 20, 2015
City of Fort Collins Page 15
Councilmember Cunniff withdrew Item No. 7, First Reading of Ordinance No. 010, 2015,
Amending Chapter 10 of the Code of the City of Fort Collins Relating to Creating a Critical
Facilities Floodplain Regulation Exception for Parallel-Connected Solar and Wind Power
Generation, from the Consent Calendar.
Councilmember Campana withdrew Item No. 10, Resolution 2015-010 Making Appointments to
Various Boards and Commissions of the City of Fort Collins, from the 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 December 2, 2014 Regular Council Meeting
and the December 9, 2014 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the December 2, 2014 Regular Council
meeting and the December 9, 2014 Adjourned Council meeting.
2. Second Reading of Ordinance No. 001, 2015, Appropriating Unanticipated Grant Revenue into
the Transportation Services Fund for the Safe Routes to School Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 6, 2015, appropriates
unbudgeted funds received through a grant for the Safe Routes to School program. The City of Fort
Collins FC Moves Department has received a $15,000 grant through the Sensible Transportation
and Bicycle Advocacy initiative at New Belgium Brewery for the 2015 Safe Routes to School (SRTS)
program. This funding will allow the City’s SRTS program (administered and staffed by FC Moves) to
purchase strategic SRTS equipment for Fort Collins youth.
3. Second Reading of Ordinance No. 002, 2015, Appropriating Unanticipated Grant Revenue in
the General Fund for the Fort Collins Police Services Victim Services Team. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 6, 2015 appropriates grant funds
in the amount of $37,000 received from the Eighth Judicial District Victim Assistance and Law
Enforcement (VALE) Board. This grant will fund the Victim Services Team of Fort Collins Police
Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of
crime and their family members. These funds will be used for part of the salary for the victim
advocate who provides crisis intervention services during weekday hours and is housed in the Victim
Services office. These funds will also pay for a portion of the operational expenses needed to
provide 24-hour a day, 7-day a week services to victims of crime in the community.
4. Items Relating to Petitions and Recall Charter Amendments. (Adopted)
A. Second Reading of Ordinance No. 004, 2015, Submitting to a Vote of the Registered Electors of
the City of Fort Collins Proposed Amendments to Article X of the City Charter Pertaining to
Initiative and Referendum.
B. Second Reading of Ordinance No. 005, 2015, Submitting to a Vote of the Registered Electors of
the City of Fort Collins Proposed Amendments to Article VIII, Section 4(b) of the City Charter
Pertaining to the Sufficiency of a Nominating Petition.
January 20, 2015
City of Fort Collins Page 16
C. Second Reading of Ordinance No. 006, 2015, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Amendment to Article IX, Section 3(c) of the City Charter
Pertaining to Recall Elections.
These Ordinances, unanimously adopted on First Reading on January 6, 2015, place Charter
Amendments relating to petitions and recall for placement on the April 7, 2015 ballot.
5. First Reading of Ordinance No. 008, 2015, Appropriating Unanticipated Grant Revenue in the
Recreation Fund for the Adaptive Recreation Opportunities Program Paralympic Sports Club.
(Adopted)
The purpose of this item is to appropriate $15,000 of unanticipated grant revenue in the Recreation
Fund to be used for general operating support for the Adaptive Recreation Opportunities (ARO)
program Paralympic Sport Club. ARO has been selected to receive a grant of $15,000 from U.S.
Department of Veterans Affairs (VA) for Veterans Adaptive Sports Programs serving Disabled
Veterans and disabled Members of the Armed Forces, funding cycle of October 2014- September
2015.
6. Items Relating to the North College Pedestrian Multi-Use Path Project. (Adopted)
A. Resolution 2015-007 Authorizing the Mayor to Execute an Intergovernmental Agreement with the
Colorado Department of Transportation for a Construction Grant in Support of the North College
Pedestrian Multi-Use Path Project.
B. First Reading of Ordinance No. 009, 2015, Appropriating Unanticipated Revenue in the Capital
Projects Fund for the North College Pedestrian Multi-Use Path Project, Authorizing the Transfer
of Appropriations from the Building on Basics Pedestrian Plan and American with Disabilities
Improvements Project Into the North College Pedestrian Multi-Use Path Project.
The purpose of this item is to authorize the Mayor to execute an Intergovernmental Agreement (IGA)
with the Colorado Department of Transportation (CDOT) and to appropriate federal grant and local
funds into the North College Pedestrian Multi-Use Path Project. This project will design and
construct pedestrian amenities along North College Avenue between the northern city limits and
State Highway 1. The proposed actions will enable initiation of the project.
Total project funds will be appropriated as follows:
Federal Grant Funds - $752,000
Local Matching Funds Previously Appropriated by Urban Renewal Authority (URA) - $125,000
Local Matching Funds to be Appropriated from Pedestrian Improvement Funds - $31,323
7. Resolution 2015-008 Acknowledging the City's Intent to Acquire the Real Property Located at
1300 Hoffman Mill Road. (Adopted)
The purpose of this item is to acknowledge the City's intent to acquire the property at 1300 Hoffman
Mill Road for multiple City department operations. Staff has negotiated the acquisition of
approximately 24 acres near Prospect Road and Lemay Avenue to meet the needs of multiple City
departments. Streets, Forestry, Utilities and Natural Areas Departments have agreed to partner and
contribute funding for the acquisition. The Departments propose to jointly purchase the property in
order to co-locate compatible City operations. These operations include the continued processing
and recycling of concrete and asphalt, which is the primary use of the site currently (via lease
agreement), processing of project spoils for the Utilities Department, wood chipping and other
materials processing for the Forestry Department, and materials storage for the Natural Areas
Department. Additionally, the Natural Areas Department will control and manage approximately 6
acres of the site that is immediately adjacent to the Poudre River.
January 20, 2015
City of Fort Collins Page 17
City Council approved the funding for the purchase as part of the 2015-2016 Recommended Budget
(Ordinance No. 153, 2014) on November 18, 2014 and no additional authorization is required per
City Code. However, due to the fact that Streets Superintendent, Larry Schneider is related to one of
the ten owners (Larry’s father, Elmer Schneider is a 1/10 owner), City Management felt it prudent to
provide more explicit and public notice of the City’s intention to acquire the property and to disclose
the process and efforts that have taken place to ensure Larry Schneider is not involved in any of the
decision making related to this potential acquisition. To that end, Mr. Schneider was consciously and
deliberately removed from participating in any form related to the City’s interest in the property. All
decision making was directed by Planning, Development and Transportation (PDT) Deputy Director,
Mark Jackson and operational information was provided by (then) Streets Department Crew Chief,
Neal Jaspers.
8. Resolution 2015-009 Adopting a Revised Competitive Process for the Allocation of City
Financial Resources to Affordable Housing Programs/Projects and Other Community
Development Activities. (Adopted)
The purpose of this item is to revise the competitive process for allocating affordable housing and
human service funds. The changes combine all available housing funds into one spring cycle to
allow for compliance with HUD requirements, stronger competition among projects and better
alignment of funds to their intended uses. An optional fall process will be retained. Minor
administrative changes would also be made.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
City Manager Atteberry discussed Item No. 6, Items Relating to the North College Pedestrian
Multi-Use Path Project. He stated the City was awarded a grant and by using North College
Marketplace developer contributions and local matching funds, the City will be able to expand
the project to provide a pedestrian connection from the City limits to State Highway 1 on both
sides of College Avenue.
Mayor Pro Tem Horak commended the safety aspects of this pedestrian connection.
Mayor Weitkunat stated this will be very beneficial for North College Avenue.
STAFF REPORTS
Wendy Williams, Assistant City Manager, stated Tracy Ochsner has recently been recognized by
Green Fleet as a Sustainability All-Star.
Ochsner stated this award is the result of the work of many people in the organization and
commended Council, the Executive Management Team, and staff members. He discussed the
City's compressed natural gas and electric vehicle fleet, recycling and reuse efforts, and fleet
sustainability efforts.
City Manager Atteberry commended Ochsner on his leadership and contributions to the City.
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the Poudre Heritage Alliance Board meeting noting the
January 20, 2015
City of Fort Collins Page 18
organization is partnering with CSU and others to host a Poudre Runs Through It forum on
January 31. Additionally, he reported on his speech before the Governor’s Blue Ribbon
Commission regarding oil and gas and discussed a Coloradoan article on the rare American
Woodcock finding refuge in the City’s Natural Areas.
Councilmember Troxell reported on the Elderhaus Adult Programs prom night.
Mayor Weitkunat reported on the City’s first Social Sustainability showcase of the projects it
supports.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
9. First Reading of Ordinance No. 010, 2015, Amending Chapter 10 of the Code of the City of
Fort Collins Relating to Creating a Critical Facilities Floodplain Regulation Exception for
Parallel-Connected Solar and Wind Power Generation. (Adopted on First Reading)
The purpose of this item is to provide an exception to the critical facilities floodplain regulation for
“parallel-connected solar and wind power generation.” This would allow solar and wind power
generating stations that are also connected to the grid to be located in the floodplain and not
prohibited under the critical facilities regulation of Chapter 10 of City Code.
Councilmember Cunniff expressed concern with the determination of no environmental or public
safety impact as well as the inclusion of a blanket exemption.
Marsha Hilmes-Robinson, Water Utilities, stated this Ordinance would provide an exception to
the critical facilities regulation and the definition of critical facilities, specifically related to
allowing parallel-connected solar and wind power generation facilities in the floodplain if they
are connected to the grid.
Councilmember Cunniff discussed his concerns relating to the blanket determination that any
such solar or wind facility would not be environmentally impactful and asked why other
technologies were not included. Norm Weaver, Senior Energy Services Engineer, replied it is
more accurate to characterize this item as removing a blanket exclusion rather than providing a
blanket exception. He stated this would allow such facilities to be considered and go through the
normal land use and flood permitting processes.
Councilmember Overbeck asked why this item was only presented to the Water Board and not
others. Ken Sampley, Water Utilities Engineering Manager, replied the item was presented
before the Water Board but noted the Natural Resources Advisory Board has been involved in
property purchase considerations.
Councilmember Overbeck stated other boards should have considered the topic in order to allow
for a better process.
Councilmember Troxell noted this topic is about distributed energy resources and asked about
the intended focus being the generating device. Weaver replied projects with or without storage
that are based on clean energy technologies and renewable technologies can at least be
considered to be located in some of these undeveloped locations which can tend to be in
floodplain areas. Additionally, he noted thermochemical types of systems are likely to remain
excluded and stated the review process will ensure any facilities located in the floodplain
designed to withstand the location.
January 20, 2015
City of Fort Collins Page 19
Councilmember Cunniff asked if design standards exist for these facilities to ensure they are not
uniquely vulnerable nor will negatively impact downstream flows in the event of a catastrophic
flood. Hilmes-Robinson replied those standards do exist and would be fully in place even with
this exception.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 010, 2015, on First Reading.
Mayor Pro Tem Horak supported the motion as any facility would need to go through proper
land use approvals.
Councilmember Cunniff stated he would be more comfortable with the inclusion of a clause
directing the City to reevaluate the policy and critical facilities definition after some future date.
Councilmember Troxell noted an important part of the Ordinance is the parallel connectivity and
redundant power.
Mayor Weitkunat noted any facility would still need to go through the review process and meet
floodplain regulations.
Mayor Pro Tem Horak suggested research be done regarding FEMA requirements for reviewing
critical facilities prior to Second Reading.
RESULT: ORDINANCE NO. 010, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
10. Resolution 2015-010 Making Appointments to Various Boards and Commissions of the City
of Fort Collins. (Adopted)
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various
boards and commissions, due to resignations and the expiration of terms of current members.
Applications have been solicited since September. Council teams interviewed applicants during
November, December and January. This Resolution appoints individuals to fill current vacancies
and expiring terms.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 010-2015.
RESULT: RESOLUTION 2015-010 ADOPTED [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Troxell, Cunniff, Horak
RECUSED: Campana
DISCUSSION ITEMS
January 20, 2015
City of Fort Collins Page 20
11. Second Reading of Ordinance No. 007, 2015, Amending the Zoning Map of the City by
Changing the Zoning Classification for that Certain Property Known as the Capstone
Cottages Rezoning. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on January 6, 2015, by a vote of 4-3 (Nays: Cunniff,
Overbeck, Poppaw) rezones approximately 12.7 acres of land northeast of the Lincoln
Avenue/Lemay Avenue intersection from the Industrial district (I) to the Medium Density Mixed Use
Neighborhood district (M-M-N) and rezones the abutting 0.070 acres of land from the M-M-N to the
Industrial District.
The requests are based on the Applicant’s proposal to develop a student oriented single-family
residential project; the Project Development Plan for the proposed project is in the process of being
reviewed by staff as part of a separate application.
Betty Aragon expressed concern relating to the traffic impacts of this rezoning on Lemay
Avenue.
Cheryl Distaso opposed the rezoning given concerns related to traffic impacts.
Jerry Gavaldon expressed concern relating to the traffic impacts of this rezoning.
Linda Ripley stated the area already has approximately 14 acres of land zoned for concentrated
housing; however, that amount is not enough to create an area of concentrated housing as well as
contribute to the street and road improvements envisioned by the Master Street Plan. She
acknowledged citizen concerns but noted this project would provide an alternative entrance and
exit for the neighborhood.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 007, 2015, on Second Reading.
Mayor Pro Tem Horak noted this is simply a rezoning and does not deal specifically with streets
and traffic.
RESULT: ORDINANCE NO. 007, 2015, ADOPTED ON SECOND READING [4 TO 3]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Campana, Troxell, Horak
NAYS: Overbeck, Poppaw, Cunniff
12. Resolution 2015-011 Naming an Arterial Street in the Northeast Fort Collins Area and
Revising the List of Names for Arterial and Collector Streets. (Adopted)
The purpose of this item is to select a name for a new arterial street in northeast Fort Collins and to
update the existing List of Names for Arterial and Collector Streets by removing one recently
selected name (Cherryhurst) and adding two additional names (Joe Armijo and Stephen J. Roy).
Ryan Mounce, City Planner, stated the street in question is located 1/4 mile north of Vine Drive
between College Avenue and Timberline Road and will be completed in segments as
development occurs. He noted staff is recommending the renaming of Pinon Street to match the
selection of the street in question and stated staff is recommending the name Suniga Road in
honor of Lee Suniga. Additionally, Mounce stated this item would revise the City's list of
arterial and collector street names to remove Cherryhurst and add Joe Armijo and Stephen J.
Roy.
January 20, 2015
City of Fort Collins Page 21
Betty Aragon supported the Suniga Road name and discussed Lee Suniga's contributions to the
community.
Cheryl Distaso, Fort Collins Community Action Network, supported the Suniga Road name.
Ray Martinez supported the Suniga Road name and discussed Lee Suniga's contributions to the
community.
Jerry Gavaldon supported the Suniga Road name and discussed Lee Suniga's contributions to the
community.
Dione Perez, Lee Suniga's granddaughter, supported the Suniga Road name and expressed
appreciation for Council's consideration in honoring Lee Suniga.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2015-011.
Mayor Weitkunat expressed appreciation for the citizens who spoke and supported the proposed
street name and its recognition of important community members.
Councilmember Troxell supported the proposed street name and thanked those who spoke. He
suggested a possible evaluation of the street naming process in order to provide more robust
name choices and encouraged a more intentional public and Boards and Commissions outreach
process.
Councilmember Overbeck thanked those who spoke and supported the proposed street name.
Mayor Pro Tem Horak supported the proposed street name and supported Councilmember
Troxell's suggestions.
RESULT: RESOLUTION 2015-011 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
13. Resolution 2015-012 Submitting to the Registered Electors of the City an Ordinance
Extending the Expiring Twenty-Five Hundredths Percent (0.25%) "Building on Basics" Capital
Projects Sales and Use Tax for a Period of Ten Years for the Purpose of Obtaining Revenue
for Certain "Community Capital Improvement Program" Capital Projects and Related
Operation and Maintenance. (Adopted as Amended)
The purpose of the item is to set the ballot language and refer the Community Capital Improvement
Program tax extension to the April 7, 2015 election. The renewal of the ¼-cent sales and use tax will
result in $7.4 million in revenue available per year for designated capital improvement projects. The
program is currently set to expire December 31, 2015. The term of the renewal is January 1, 2016-
December 31, 2025.
The recommended project list is below:
Pedestrian Sidewalk/ADA Compliance - Safe Routes to Everywhere
Bicycle Infrastructure Improvements - Safe Routes to Everywhere
January 20, 2015
City of Fort Collins Page 22
Bus Stop Improvements - Safe Routes to Everywhere
Downtown Poudre River Enhancements and Kayak Park
Bike/Ped Grade Separated Crossings Fund
Transfort Bus Fleet Replacement
Arterial Intersection Improvements Fund
Implementing Nature in the City
Gardens on Spring Creek Visitor's Center Expansion
Southeast Community Center with Outdoor Pool
Affordable Housing Fund
Lincoln Avenue Improvements Design & Construction (From 1st Street to Lemay Avenue)
City Park Train
Renovation of the Historic Carnegie Building
Linden Street Renovations Design & Construction
Club Tico Renovation
Willow Street Renovations Design & Construction
The Resolution includes $75 million in project costs, $2.6 million for five years of operation and
maintenance (O & M), and $5.3 million for inflation. Staff has recommend five years of O&M to give
projects at least two budget cycles to determine how to best fund the ongoing O&M costs while trying
to maximize project dollars.
Councilmember Poppaw withdrew from the discussion of this item due to a conflict of interest.
City Manager Atteberry discussed the evolution of this proposal and stated Fort Collins has been
using a dedicated capital improvement tax since the early 1970s. He noted this would be the
continuation of a tax that is set to sunset at the end of 2015. Additionally, City Manager
Atteberry stated staff will be bringing an appropriation ordinance before Council on February 3
to fund Lincoln neighborhood improvements.
Ginny Sawyer, Policy and Project Manager, discussed the tax and its revised projection of
providing $83 million over the 2016-2025 time period. She discussed the projects that have been
funded by this dedicated tax over the past 42 years and discussed the process of developing the
proposed project list for the continuation of the tax. This package would be placed on the April
7 ballot should it be referred by Council. She detailed the proposed project package, including
operation and maintenance funding.
Kevin Jones, Fort Collins Area Chamber of Commerce, encouraged the funding of transportation
infrastructure as being a key element of the City's quality of life, safety, and economic viability.
Additionally, he supported cultural amenities and recreational opportunities and supported the
proposed package as being attractive to residents and business people.
Rick Price stated the Lincoln Avenue bridge is an impediment to bicycling in the community and
suggested its repair should be a priority. He discussed the means in which priorities could be
addressed.
Cliff Buchholz supported the Lincoln Avenue improvements.
Mike Pruznick asked about possible capital expenditures related to the on-campus stadium and
why those expenses are not included on the list. He stated he would oppose the current package.
Dale Mantay supported the 'Building on Basics 2.0' package.
Cheryl Distaso opposed the inclusion of the Lincoln Avenue improvements in the package.
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City of Fort Collins Page 23
Bevin Parker, Downtown Development Authority Board of Directors, supported the proposed
project list as strengthening the community.
Betty Aragon opposed the inclusion of the Lincoln Avenue improvements in the package. While
she agreed the roadway needs improvements, she encouraged additional consideration.
Lynn O'Dell supported the inclusion of the Lincoln Avenue improvements in the package.
Jane Haack-DeBroux thanked Council for its service and stated driving in the Lincoln Avenue
area is atrocious. She supported the improvements as providing good infrastructure for growth.
Jerry Gavaldon opposed the inclusion of the Lincoln Avenue improvements, the City Park train,
and the southeast center as not benefiting most citizens.
Tim Johnson supported additional funding for intersection improvements and stated this package
does not build on basics.
Rich Shannon supported the proposed package as including something for everyone and
supported its placement on the April ballot.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Councilmember Campana discussed his requests regarding the Lincoln Corridor. Rick Richter,
Engineering, showed photos of the existing condition of Lincoln Avenue noting the bridge is
functionally obsolete. Additionally, he showed slides of the proposed improvements for the
roadway and discussed the current standards for arterial roadways.
Councilmember Campana asked if the Bicycle Master Plan and the Lincoln Corridor Plan are
aligned. Richter replied in the affirmative and noted a central piece of the Bicycle Master Plan
involves buffered bike lanes, as included in the Lincoln Corridor Plan.
Councilmember Campana asked if additional cost would result should the bridge replacement be
separated out from the remainder of the improvements. Richter replied building the bridge alone
would require the need for width transitions between the existing roadway and the new bridge.
Councilmember Campana discussed the objectives of the previously approved Lincoln Corridor
Plan and that the means of funding is an important discussion. He asked what is left after
subtracting any subsequent appropriations from the total tax revenue for 2014. Mike Beckstead,
Chief Financial Officer, replied final numbers will be available in March; however, there is $17
million in additional sales and use tax revenue and a significant piece of that was used in the
2015-2016 budget. He stated approximately $3.7 million was unused as of the December
finance review and about $1.5 million of that was assigned at that meeting. Additionally,
Beckstead expressed confidence that the Lincoln improvements could be funded separately from
the BOB 2.0 package.
Mayor Pro Tem Horak requested an estimate for improving Lincoln Avenue from First Street to
the ramp up to the bridge. Richter replied that cost is estimated to be $6 million.
Councilmember Campana asked why operations and maintenance funding was included at five
years. Sawyer replied the five year figure maximizes capital dollars while still providing at least
January 20, 2015
City of Fort Collins Page 24
two budget cycles for operations and maintenance to be included in budgets. Additionally, it
will prevent tying up any dollars that come in from the dedicated tax up to five, six, or seven
years after the tax expires.
City Manager Atteberry noted that recommendation has recently changed from four years to five
years.
Councilmember Campana made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2015-012, as amended to remove the Lincoln Avenue improvements.
Councilmember Campana stated he will be requesting an appropriation from the remaining 2014
revenues and revenues from 2015 and 2016 to fund the basic Lincoln Avenue improvements and
Tres Colonias neighborhood improvements.
Mayor Pro Tem Horak requested clarification regarding the Resolution amendments. Interim
City Attorney Daggett replied the only change since the published agenda was the dollar amount
for Lincoln Avenue improvements.
Councilmember Campana noted the removal of the Lincoln Avenue improvements will leave
room for the inclusion of additional projects.
Mayor Pro Tem Horak suggested the inclusion of the Lincoln Avenue bridge improvements in
the BOB 2.0 package and discussed the legacy aspects of the package.
Mayor Pro Tem Horak made a motion to amend, seconded by Councilmember Troxell, to add
the Lincoln Avenue bridge improvement project to the package.
Councilmember Cunniff asked if the replacement of the bridge is eligible for grants. Richter
replied the majority of grants require a sufficiency rating of 50 and below and this bridge is not
yet at that point.
Mayor Pro Tem Horak discussed the importance of the Lincoln Avenue bridge replacement in
terms of connectivity for the corridor and safety.
(Secretary's note: Staff prepared copies of the proposed Resolution language for distribution at
this point in the meeting.)
Interim City Attorney Daggett discussed the Resolution language options and suggested wording
for the inclusion of the Lincoln Avenue bridge amendment at a cost of $5.3 million.
Councilmember Cunniff asked if the bridge is included in the operations and maintenance
estimate. Richter replied operations and maintenance costs are only calculated for the items that
are over and above the normal maintenance.
Councilmember Cunniff opposed the amendment based on concerns relating to the fiscal aspect
of building the bridge with a reduced opportunity for receiving grants.
Mayor Pro Tem Horak argued the inclusion of the project in the package does not preclude the
receipt of grants.
Mayor Weitkunat noted having plans in place often enhances grant opportunities.
January 20, 2015
City of Fort Collins Page 25
Councilmember Troxell stated he would support the amendment as it keeps in the spirit of the
intent of the capital improvement projects list.
Councilmember Overbeck stated he would have liked additional public process regarding the
bridge funding and stated he would not support the motion.
The vote on the amendment was as follows: Yeas: Troxell, Horak, Weitkunat and Campana.
Nays: Overbeck and Cunniff.
THE MOTION CARRIED.
Councilmember Cunniff stated the proposed package seems compromised and stated he would
not support placing the item before voters in April but could support a November ballot issue.
Additionally, he expressed concern regarding the inclusion of the kayak language and the failure
to provide six years of operations and maintenance funding. He also expressed concern the 3%
inflation factor is too low.
Councilmember Troxell stated he would support the motion and commended the community
projects the package will fund.
Councilmember Overbeck discussed the Carnegie Building remodel and stated additional public
process should occur.
Councilmember Campana stated he would support the motion and commended the list of
projects as being deeply aligned with City needs and desires.
Mayor Pro Tem Horak commended the project list and capital improvement aspects of the
package and stated it takes work to ensure a package is supported by both Council and the
community.
Mayor Weitkunat discussed the importance of looking at the future and the community vision
and stated this package will protect and build on what exists. She commended the projects in the
package.
Councilmember Overbeck noted he was more supportive of Club Tico renovation funding than
the Carnegie Building and opposed specifically the Carnegie Building planned furniture
expenditure as being an irresponsible use of taxpayer dollars.
RESULT: RESOLUTION 2015-012 ADOPTED AS AMENDED [4 TO 2]
MOVER: Gino Campana, District 3
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
RECUSED: Poppaw
Councilmember Campana asked about having further discussion regarding funding the Lincoln
improvements from Lemay to First Street. Interim City Attorney Daggett recommended having
the discussion during Other Business.
January 20, 2015
City of Fort Collins Page 26
14. Resolution 2015-013 Submitting to the Registered Electors of the City at the April 7, 2015,
Regular City Election the Question of the Extension of the Expiring Quarter-Cent Sales and
Use Tax Used to Fund the City's Street Maintenance Program. (Adopted)
The purpose of the item is to set the ballot language and refer the Street Maintenance Program tax
renewal to the April 7, 2015 election.
City Manager Atteberry noted this Resolution would submit to the voters a continuation of the ¼
cent street maintenance tax which will expire at the end of 2015.
Mark Jackson, Planning, Development, and Transportation Services Deputy Director, discussed
the importance of street maintenance throughout the city and noted the City’s goal remains
keeping roadways at a higher level of service as allowing the roadways to deteriorate becomes
exponentially more expensive than continual maintenance. Additionally, Jackson noted
maintenance materials and labor costs increase as does the number of street miles and miles
travelled. He discussed the City’s history of funding street maintenance with this dedicated tax
revenue, which provides approximately 43% of the program’s revenues. Jackson discussed the
public process regarding this tax, which followed the same path as that of the capital projects
package and noted this tax provides benefits to the entire community, both from a residential and
arterial standpoint.
Mike Pruznick stated he cannot support a tax that will free up General Fund and reserve money
for the on-campus stadium. He suggested placement of an item on the ballot regarding funding
the stadium, including an option to ensure it is funded entirely by CSU.
Nancy York supported maintaining the city’s existing infrastructure and urged future planning to
discourage single vehicle use.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2015-013.
Councilmember Cunniff suggested referring a smaller tax amount with the difference coming
from other revenue diversification options such as a transportation fee based on trip generation
impacts.
Councilmember Cunniff made a motion to amend, seconded by Councilmember Overbeck, to
extend a reduced tax of 0.125% for the street maintenance program for a period of ten years.
Councilmember Cunniff stated this would provide additional incentive for developing revenue
diversification options.
Councilmember Troxell supported revenue diversification; however, he stated this amendment
would make support for street maintenance less clear.
Councilmember Campana opposed the amendment; however, he agreed evaluating revenue
diversification should be a goal for the future.
Councilmember Poppaw stated this is an excellent opportunity to diversify the City’s revenue
streams and stated she would support the amendment.
January 20, 2015
City of Fort Collins Page 27
Mayor Pro Tem Horak opposed the amendment stating cutting half the funding with no clear
options for the remainder is a poor strategy. He supported the possibility of phasing other
revenue sources in the future.
Mayor Weitkunat stated she would not support the amendment and took exception to the
possibility of making such an amendment of at item that has been vetted through the public
process for many years. She agreed a revenue diversification discussion should occur; however,
she disagreed this was the appropriate time.
The vote on the motion to amend was as follows: Yeas: Cunniff, Overbeck and Poppaw. Nays:
Troxell, Horak, Weitkunat and Campana.
THE MOTION FAILED.
Councilmember Cunniff argued this is the appropriate timing for discussing revenue
diversification.
Mayor Weitkunat noted many studies and discussions have been held resulting in no options.
Councilmember Poppaw argued this is the first time a Councilmember has presented an
opportunity to investigate revenue diversification and supported the possibility of phasing as
suggested by Mayor Pro Tem Horak.
Mayor Pro Tem Horak noted the City has nothing to do with stadium funding, simply with
public structural improvements, mitigation for which has been rolled into the cost of the stadium.
He commended staff and expressed support for the tax continuation.
RESULT: RESOLUTION 2015-013 ADOPTED [5 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Poppaw, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
15. First Reading of Ordinance No. 011, 2015, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Amendment to Article XIII of the City Charter Pertaining to
the Definition of "Service Area". (Adopted on First Reading)
The purpose of this item is to propose an amendment to the City Charter definition of "Service Area"
that, if approved by voters, would correct the Charter definition of “Service Area” to conform to other
Charter references providing that City Council shall designate Service Areas via ordinance.
Janet Miller, Human Resources, stated this item deals with the City Charter definition of Service
Area and would align language inconsistencies. The proposed ballot language would define a
Service Area as a City administrative unit designated as a Service Area by Council adopted
Ordinance.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 011, 2015, on First Reading.
January 20, 2015
City of Fort Collins Page 28
RESULT: ORDINANCE No. 011, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
16. First Reading of Ordinance No. 012, 2015, Amending the Code of the City of Fort Collins to
Modify On-Bill Utility Financing Terms and Allow for On-Bill Utility Financing of Business
Customers. (Adopted on First Reading)
The purpose of this item is to amend City Code to update and expand the on-bill financing pilot
program per the recommendations reviewed by Council at the October 28, 2014 work session and
subsequent November 17, 2014 Finance Committee meeting. The objective of the On-Bill Financing
pilot program (also known as the Home Efficiency Loan Program) is to provide residential utility
customers with low-cost financing for energy efficiency, solar photovoltaic, and water conservation
improvements to support the outcomes adopted in City of Fort Collins policies and plans, such as the
Climate Action Plan, Energy Policy and Water Conservation Plan. The City Code revisions adjust
interest rate and fee language and add on-bill financing sections for small business customers. An
update on the administrative elements of the program is provided.
Kevin Gertig, Utilities Services Executive Director, stated this item would amend the City Code
to update and expand the on-bill financing program per Council recommendation. The on-bill
financing pilot program, or Home Efficiency Loan Program, would provide residential customers
with low-cost financing for energy efficiency, solar PV and water conservation.
John Phelan, Energy Services Manager, discussed the history of the Home Efficiency Loan
Program and the existing loan term options and detailed the proposed changes to the Program.
Eric Sutherland stated the City’s proposal does not include necessary key components which are
part of the best thinking on the topic. This proposal does not address issues with individuals who
lack access to credit.
Mike Pruznick asked how much of the $800,000 fund is in circulation currently, why individuals
are not using this program to fund solar systems, and whether or not interest rates are fixed. He
supports the program changes; however, he does not support the rental market aspect and
encouraged looking at other solutions to boost home ownership.
Fred Kirsch, Community for Sustainable Energy, supported the Program as a step in the correct
direction. He supported twenty-year terms extended to renters as well as home owners.
Kevin Cross, Fort Collins Sustainability Group, supported the increase of the maximum loan
term to twenty years and supported reducing the first year interest rate to 2.5% and set in
subsequent years to the amount needed to cover delinquent program debt only.
Doug Henderson supported the on-bill financing program initiative, stating it provides practical
incentives to encourage energy efficiency.
James Mitchell supported the on-bill financing program initiative and supported the 2.5% rate
with a twenty-year loan term.
Nancy York supported the on-bill financing program; however, she opposed the proposed
interest rates as being too high.
January 20, 2015
City of Fort Collins Page 29
Mayor Weitkunat requested staff responses to Mr. Pruznick’s questions. Phelan replied
approximately $160,000 of the fund’s $800,000 has been loaned, some of which are currently
being paid back. He stated the interest rate is fixed for the life of the loan at the time the loan is
closed and noted staff is proposing a 4% interest rate for the life of the loans initiated in 2015.
Mayor Weitkunat asked about the specific fee numbers in the Ordinance. Interim City Attorney
Daggett replied language has been added to the Code stating the interest rate will be set in the
Financial Officer’s administrative rules based on the City’s cost of capital minus 100 to 200
basis points in order to eliminate specific references to dollar amounts related to the loan
program. Additionally, the Code states the Financial Officer will set process fees and direct
charges based on cost.
Councilmember Overbeck asked about the benchmarks being used for the 4% interest rate. Mike
Beckstead, Chief Financial Officer, stated this rate was developed prior to rates dropping within
the last two months. Additionally, borrowing for the use of this fund would be taxable for the
City which carries a 200 point basis premium above tax-exempt rates.
Councilmember Overbeck asked if a situation exists in which the 4% number could be dropped
to 2.5%. Beckstead replied data does not indicate a very low rate creates a successful program
and noted external financing will be required to support funding the Climate Action Plan goals.
Councilmember Overbeck suggested the possibility of splitting the fund in half with half being
available under the suggested terms and half being available with a lower rate and longer term.
Mayor Pro Tem Horak requested information regarding the cost to the City of changing the rate
from 4% to 2.5% for the $800,000 fund. Beckstead replied the differential is nominal.
Mayor Pro Tem Horak asked what would be necessary should Council wish to change the rate
and term. Interim City Attorney Daggett recommended Ordinance language amendments.
Councilmember Campana requested additional information regarding the rental aspect of the
program. Phelan replied the current proposal does not address the rental aspect at this point;
however, staff will return later in 2015 with suggestions for a tenant billing component. The
initial thoughts involve owner-initiated projects to be funded on the current tenant’s utility bill.
The current and future tenants would be notified of the charges as part of the lease. Additionally,
Phelan stated business customers would work similarly.
Councilmember Campana requested information as to what recourse a tenant would have should
their lease not disclose a loan. Phelan replied staff is examining best practices; however, the
owner is ultimately responsible for all utility bill charges.
Mayor Weitkunat requested data on the average length of time tenants rent homes. Phelan
replied the intent of the transferability component is to ensure future tenants pay the charges and
by improving the building stock, a net savings will be provided over time.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 012, 2015, on First Reading, as amended to add the twenty-year term.
Mayor Pro Tem Horak requested an option for the 2.5% interest rate prior to Second Reading.
January 20, 2015
City of Fort Collins Page 30
Councilmember Cunniff noted the loan calculator is an available tool for citizens and asked
about the possibility of technical assistance being available for individuals to fine-tune desired
projects to maximize the possibility they will see a savings on their bill. Phelan replied technical
assistance is currently available through staff and the energy-advising function of the City's
Efficiency Works Home Program. He noted bill neutrality will be required for rental or lease
situations.
Councilmember Troxell commended staff work on the item.
Mayor Weitkunat stated she would support the item; however, she expressed concern relating to
the twenty year commitment and increasing the City's risk in carrying loans.
RESULT: ORDINANCE NO. 012, 2015, ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
Councilmember Campana requested and received Council support for staff to return with an
Ordinance on February 3 regarding the Tres Colonias neighborhood improvements and Lincoln
corridor improvements.
Councilmember Cunniff requested a list of the funding sources and various subcomponents of
the Lincoln Avenue project in preparation for the February discussion. Additionally, he
requested information regarding what legal information can be released regarding the City’s
authority with respect to the stadium.
ADJOURNMENT
The meeting adjourned at 10:30 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 31
February 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
Staff Present: Atteberry, Daggett, Nelson
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 9, Resolution 2015-016 Finding Substantial Compliance
and Initiating Annexation Proceedings for the Interstate Land Holdings Annexation, has been
withdrawn from the agenda. Additionally, new ballot question protests were filed and have been
added to agenda Item No. 14, Public Hearing on Ballot Question Protest and Consideration of
Related Resolutions. The title of Item No. 18 has been amended.
CITIZEN PARTICIPATION
Cheryl Distaso, Fort Collins Community Action Network, discussed a meeting she held with
Beth Sowder regarding the installation of lockers for use by homeless individuals. Additionally,
she discussed the Fort Collins Sustainability and Social Inclusion Study.
Betty Aragon continued the discussion of the Fort Collins Sustainability and Social Inclusion
Study citing the importance of the City repairing its relationships with disenfranchised long-time
Hispanic residents and the importance of the City providing basic infrastructural upgrades in the
Tres Colonias neighborhoods.
Mike Pruznick requested information regarding an official Council policy preventing
Councilmembers from demeaning the public or singling out citizens and discussed the meaning
of leadership.
Carl Wangsvick commended City staff on a meeting held with the Avery Park neighborhood and
read the Ordinance from Item No. 2, Second Reading of Ordinance No. 008, 2015,
Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Adaptive Recreation
Opportunities Program Paralympic Sports Club, expressing appreciation to the City.
Jerry Gavaldon discussed the Fort Collins Sustainability and Social Inclusion Study and its
importance for the community.
Jeff Johnson, Affordable Housing Board, commended Council’s work regarding housing
affordability and the Home Buyer’s Assistance Program.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Overbeck thanked the citizens who spoke regarding the Fort Collins
Sustainability and Social Inclusion Study and stated staff has published a memo dealing with
gentrification as a first step to addressing the issue.
February 3, 2015
City of Fort Collins Page 32
Councilmember Troxell and Mayor Weiktunat thanked the citizens who spoke.
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 from the January 6, 2015 Regular Council Meeting
and the January 13, 2015 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the January 6, 2015 Regular Council
meeting and the January 13, 2015 Adjourned Council meeting.
2. Second Reading of Ordinance No. 008, 2015, Appropriating Unanticipated Grant Revenue in
the Recreation Fund for the Adaptive Recreation Opportunities Program Paralympic Sports
Club. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 20, 2015, appropriates $15,000
of unanticipated grant revenue in the Recreation Fund to be used for general operating support for
the Adaptive Recreation Opportunities (ARO) program Paralympic Sport Club. ARO has been
selected to receive a grant of $15,000 from U.S. Department of Veterans Affairs (VA) for Veterans
Adaptive Sports Programs serving Disabled Veterans and disabled Members of the Armed Forces,
funding cycle of October 2014- September 2015.
3. Second Reading of Ordinance No. 009, 2015, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the North College Pedestrian Multi-Use Path Project, Authorizing
the Transfer of Appropriations from the Building on Basics Pedestrian Plan and American
with Disabilities Improvements Project Into the North College Pedestrian Multi-Use Path
Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 20, 2015, appropriates federal
grant and local funds into the North College Pedestrian Multi-Use Path Project. This project will
design and construct pedestrian amenities along North College Avenue between the northern city
limits and State Highway 1.
4. Second Reading of Ordinance No. 010, 2015, Amending Chapter 10 of the Code of the City of
Fort Collins Relating to Creating a Critical Facilities Floodplain Regulation Exception for
Parallel-Connected Solar and Wind Power Generation. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 20, 2015, amends City Code to
provide an exception to the critical facilities floodplain regulation for “parallel-connected solar and
wind power generation.” This would allow solar and wind power generating stations that are also
connected to the grid to be located in the floodplain and not prohibited under the critical facilities
regulation of Chapter 10 of City Code.
February 3, 2015
City of Fort Collins Page 33
5. Second Reading of Ordinance No. 011, 2015, Submitting to a Vote of the Registered Electors
of the City of Fort Collins a Proposed Amendment to Article XIII of the City Charter Pertaining
to the Definition of "Service Area". (Adopted)
This Ordinance, unanimously adopted on First Reading on January 20, 2015, proposes an
amendment to the City Charter definition of "Service Area" that, if approved by voters, would correct
the Charter definition of “Service Area” to conform to other Charter references providing that City
Council shall designate Service Areas via ordinance.
6. First Reading of Ordinance No. 014, 2015, Appropriating Unanticipated Grant Revenue from
Federal Fiscal Year 2014 Federal Transit Administration Section 5307 and Section 5339
Grants for Transit Operations and Pass-Through to Partner Transit Agencies. (Adopted)
The purpose of this item is to appropriate funds to provide: local funding in exchange for federal
funding to the City’s partner transit agencies in the Transportation Management Area (TMA) - the
City of Loveland, the Town of Berthoud, and the North Front Range Metropolitan Planning
Organization (NFRMPO) and to increase appropriations for Transfort operations. The added
appropriations for the swap arrangements amount to $668,616 and the added appropriations for
Transfort operations amounts to $210,827 - for a total appropriation request of $879,443. All
appropriations are fully funded with federal grant revenues.
7. Resolution 2015-014 Approving an Exception to the Use of a Competitive Purchasing Process
for a Professional Services Contract with Western EcoSystems Technology, Inc. (Adopted)
The purpose of the item is to request an exception to the competitive bid process for the contracting
of services for Western EcoSystems Technology, Inc. (WEST), as the alternative is contrary to the
City’s interests. The City has been pursuing the enlargement of Halligan Reservoir for several years
to meet future water supply demands and to provide an emergency storage reserve. The project has
been in the federal permitting process with the U.S. Army Corps of Engineers (Corps) since 2006,
which was jointly entered with the City of Greeley for the enlargement of their Seaman Reservoir.
The Corps directs third party contractors (3PC) that are paid for by the applicants, which is currently
WEST. Recently, the permitting for the two projects was separated, requiring the City to establish a
new contract with WEST. Replacement of WEST and selection of a new 3PC would result in
significant delays to the permitting process and substantial additional costs to the City.
Exception to Competitive Bidding Rationale:
Code Section 8-161(d)(1)(b). Although there exists more than one (1) responsible source, a
competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to
the City, will otherwise injure the City's financial interests or will substantially impede the City’s
administrative functions or the delivery of services to the public.
8. Resolution 2015-015 Authorizing the Initiation of Exclusion Proceedings of Annexed
Properties Within the Territory of the Poudre Valley Fire Protection District. (Adopted)
The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District
Court to exclude properties annexed into the City in 2014 from the Poudre Valley Fire Protection
District (the “District”) in accordance with state law. The properties affected by this resolution are
Clydesdale Park First Annexation, Clydesdale Park Second Annexation, Kechter Farm Annexation,
and Mail Creek Crossing Annexation. C.R.S. Section 32-1-502 requires an order of exclusion from
the district court to remove these annexed properties from special district territories. The properties
have been receiving fire protection services from the Poudre Fire Authority and will continue to do
so. The City Attorney’s Office files the petition in Larimer County District Court each year seeking
exclusion for all properties annexed in the previous year that should be removed from the District to
avoid double taxation.
February 3, 2015
City of Fort Collins Page 34
10. Resolution 2015-017 Determining that a Single-Lane, Mini Roundabout is the Preferred
Alternative for the Intersection of Remington Street and Laurel Street as Part of the
Remington Greenway Project. (Adopted)
The purpose of this item is to gain Council approval for the construction of a single-lane, mini
roundabout at the intersection of Remington Street and Laurel Street, as directed by Resolution
2001-120. Remington Street is classified as an arterial street, and Laurel Street is classified as a
collector street. This intersection is being converted from a signalized intersection to a mini
roundabout as part of the Remington Greenway Pilot Project.
11. Resolution 2015-018 Making Appointments to Various Boards and Commissions of the City
of Fort Collins. (Adopted)
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various
boards and commissions, due to resignations of boardmembers and the expiration of terms of
current members. Applications were solicited from September 2014 and Council teams interviewed
applicants during November, December, 2014 and January 2015. This Resolution appoints
individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and vacancies will be
readvertised as needed.
END CONSENT
COUNCILMEMBER REPORTS
Councilmember Troxell reported on tours of La Familia and the Murphy Center.
Councilmember Campana requested an update regarding the English Ranch neighborhood
gardens. Deputy City Manager Mihelich replied an English Ranch neighborhood meeting was
held in order to identify some potential compromises regarding the relocation of the gardens. He
stated no compromises were reached and staff is recommending the elimination of the garden
from its current location. A permanent community garden will be installed in the Southeast
Community Park, which will be completed in about three years. Additionally, interim
alternatives are currently being investigated.
Mayor Pro Tem Horak noted the previously mentioned Avery Park neighborhood meeting was
about street lights and safety concerns in the area. He reported on his participation in the
homeless point-in-time count and the Business Innovation Conference.
Mayor Weitkunat reported on the City Attorney candidate interview process and stated a
decision will be forthcoming. Additionally, she reported on the Colorado Municipal League
Board of Directors meeting, the 2
nd
annual Poudre River Forum, and the City-County-Poudre
School District meeting. Mayor Weitkunat also reported on the upcoming State of the City
address.
February 3, 2015
City of Fort Collins Page 35
DISCUSSION ITEMS
12. First Reading of Ordinance No. 015, 2015, Amending Article III of Chapter 12 of the Code of
the City of Fort Collins Pertaining to Smoking in Public Areas. (Adopted on First Reading)
The purpose of this item is to request expansions to the City's Smoking Ordinance to include a
complete smoking ban within the proposed Downtown Smoke-Free Zone, for all City-owned and
operated facilities and related grounds, for all Natural Areas, Parks, and Trails, and at all City-
approved special events.
This item provides background information, community feedback and survey results, and information
about actions taken in other communities. Outreach conducted included the Downtown Development
Authority, downtown businesses, and various City boards and commissions.
Laurie Kadrich, Director of Community Development and Neighborhood Services, reported on
the findings staff gathered from other communities and discussed the public outreach process.
Delynn Coldiron, Interim Neighborhood Services Manager, discussed the history of Fort Collins’
smoking Ordinances and detailed the public outreach process. Under the current proposal,
smoking would be banned within the perimeter of the Downtown bike dismount zone, including
City businesses and City properties such as sidewalks, streets and alleyways within the area.
Additionally, the ban would include all City parks, trails and natural areas, as well as special
public events approved by the City. Coldiron discussed the need for signage, education and
outreach to make the proposal successful.
Mike Pruznick discussed the importance of smokers’ rights and stated this policy is inconsistent.
Additionally, he suggested ground-level ozone concerns should be made a priority.
Stacy Lynne asked how this issue was brought forward, what the primary and additional tools for
compliance will be, how an adjacent sidewalk is defined, what compliance incentives will be,
and what the specifics of the financial impacts will be. She expressed concern regarding
smokers’ rights and suggested smoking zones be created.
Dale Mantey, Larimer County Tobacco Control Program, commended the protection of non-
smokers and resulting positive health impacts in Fort Collins. He supported the Ordinance.
Dan Sapienza, Northern Larimer County Health District, supported the Ordinance. He offered
the Health District’s support and assistance in implementing the policies.
Jungwon Kang, Tobacco No Youth Coalition, supported the Ordinance.
Kevin Archer discussed the possible business loss impacts of the Ordinance.
Catherine Cyril, Tobacco No Youth Coalition, supported the Ordinance.
Bob Doyle, Colorado Tobacco Education and Prevention Alliance, supported the Ordinance.
Jonathan Carnahan supported the Ordinance and its expansion to other areas throughout the city.
February 3, 2015
City of Fort Collins Page 36
Councilmember Overbeck asked about the possibility of expanding the Ordinance to the
Downtown Library area. Coldiron replied it would be included as a City property.
Councilmember Overbeck asked about drivers smoking in the downtown area. Kadrich replied
there would be no violation as long as the vehicle is enclosed.
Mayor Weitkunat requested staff response to Ms. Lynne’s questions. Kadrich replied the
direction to examine increased smoking restrictions, in terms of best practice communities, came
from Council. She stated education and signage are the primary tools for compliance; however,
the Ordinance could be enforced by law enforcement should Council choose. Kadrich defined
adjacent sidewalks as those adjoining City property.
In addressing Mr. Carnahan’s concerns, Councilmember Cunniff noted much of the city is
impacted by this proposed Ordinance. Additionally, he agreed the issue was Council-driven.
Councilmember Campana thanked staff for work on the item and discussed the importance of a
robust education campaign.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 015, 2015, on First Reading.
Councilmember Troxell asked about the possibility of including designated smoking zones.
Coldiron replied there is general public support for designated smoking areas in all areas with the
exception of natural areas, parks and trails. However, the desire for Fort Collins to be a best
practice community and support health and wellness led to the exclusion of designated smoking
areas from this proposal.
Councilmember Troxell asked if this Ordinance would apply to e-cigarettes. Kadrich replied in
the affirmative.
Councilmember Troxell stated he would support the Ordinance and its thoughtful creation.
Councilmember Overbeck thanked the citizens who spoke and commended staff for work on the
item. He expressed support for the Ordinance.
Councilmember Poppaw commended staff for work on the item and supported the Ordinance.
Councilmember Cunniff supported the Ordinance and staff work on the item. Additionally, he
suggested this could provide an additional tool for intervention in terms of youth smoking in
parks.
Councilmember Cunniff stated the Ordinance is missing two words and requested a correction
prior to Second Reading.
Mayor Pro Tem Horak stated he would support the Ordinance and noted Fort Collins has been a
leader in the area since 1984.
February 3, 2015
City of Fort Collins Page 37
Mayor Weitkunat stated she would not support the Ordinance due to concerns regarding
smokers’ rights, particularly visitors to the city. Additionally, she expressed concern related to
voluntary enforcement.
RESULT: ORDINANCE NO. 015, 2015, ADOPTED ON FIRST READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Weitkunat
13. First Reading of Ordinance No. 016, 2015, Appropriating Prior Year's Reserves in the General
Fund for Lincoln Neighborhood Improvement Projects and Directing the Formation of a
Neighborhood Advisory Committee. (Adopted on First Reading)
The purpose of this item is to request appropriation of General Funds for design and construction of
neighborhood projects identified in the Lincoln Corridor Plan. The Lincoln Corridor Plan was adopted
by City Council in May 2014. The Plan includes a list of recommended infrastructure projects in the
surrounding neighborhoods. The adopted 2015-2016 budget includes $556,000 to design and
construct approximately half of the projects. Staff seeks appropriation of $291,000 of General Fund
Reserves to complete the remaining short-/mid-term projects.
Councilmember Poppaw withdrew from the discussion of this item due to a conflict of interest.
Karen Cumbo, Planning, Development and Transportation Director, discussed the evolution of
this item and stated Council requested staff return with an appropriation to fund the remaining
neighborhood improvement projects in the area to be completed in 2015-16 during the discussion
of the capital improvement tax, BOB 2.0.
Amy Lewin, Transportation Planner, discussed the general location of the proposed
improvements and noted this item would appropriate funds for the remaining four of ten short
and mid-term projects. She discussed the projects which have already been funded and stated the
four projects which would be funded by this appropriation include wayfinding, an interim asphalt
sidewalk, gateway and interpretive signage and neighborhood monuments, as well as alley
improvements.
Cheryl Distaso, Fort Collins Community Action Network, stated the aforementioned Stanford
study, the staff-level gentrification task force and this Ordinance need to be examined within the
workings of the proposed citizen task force. She suggested changes to the Ordinance including
the elimination of the monument signs and additional inclusion of the Stanford social-inclusion
research project.
Betty Aragon opposed the use of the term Lincoln Neighborhoods and stated the area should be
referenced as Tres Colonias. She discussed the importance of addressing gentrification in a
transparent, public manner and supported Ms. Distaso’s Ordinance amendments.
Jerry Gavaldon discussed the Stanford social-inclusion research report and stated this project
could be used to help alleviate distrust of City officials as indicated in the report.
Cheryl Glanz discussed the history of the neighborhoods and the importance of area
improvements.
Mike Pruznick questioned the monument sign costs.
February 3, 2015
City of Fort Collins Page 38
Mayor Weitkunat noted this Ordinance would appropriate funds and allow the formation of a
neighborhood advisory group, not fund specific items. She asked about the evolution of the
$30,000 monument signage item. Cumbo replied it was one of the items resulting from the
neighborhood stakeholder group and was suggested by residents of the neighborhood. The soft
cost estimate assumed two signs for each of the three neighborhoods, the purpose of which
would be to preserve some of the historical identity of the area.
Mayor Weitkunat suggested rewording the Ordinance to suggest historical interpretive signage in
order to eliminate the contentiousness of the item.
Councilmember Campana requested staff provide a copy of the sustainability and social-
inclusion study. He supported the appropriation Ordinance and discussed the importance of
eliminating any perceived racial tension.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 016, 2015, on First Reading.
Mayor Pro Tem Horak suggested the neighborhood advisory group allows for an interactive
process to ensure appropriate projects. He opposed making wording changes until the social-
inclusion study has been further examined and discussed staff research on the gentrification
issue.
Councilmember Troxell supported the Ordinance and stated the social-inclusion study needs
further vetting prior to using it as a basis for Ordinance language.
Mayor Weitkunat asked if Mayor Pro Tem Horak and Councilmember Troxell would support
replacing the monument wording with a reference to historical interpretation. Mayor Pro Tem
Horak and Councilmember Troxell accepted the wording changes as a friendly amendment.
Councilmember Overbeck expressed concern regarding gentrification throughout the city and
proposed the postponement of consideration of the Ordinance to add language addressing the
gentrification conversation.
Mayor Pro Tem Horak opposed postponement of the appropriation and stated there are no
economic development projects that are forcing people out of neighborhoods.
Councilmember Cunniff supported the neighborhood improvements and the formation of a
neighborhood advisory group; however, he expressed concern regarding the ad hoc nature with
which the reserves resources are being approached.
Mayor Weitkunat stated this is a good news item and will fund necessary planned improvements.
RESULT: ORDINANCE NO. 016, 2015, ADOPTED ON FIRST READING [4 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
RECUSED: Poppaw
(Secretary's note: The Council took a brief recess at this point in the meeting.)
February 3, 2015
City of Fort Collins Page 39
14. Public Hearing on Ballot Question Protest and Consideration of Related Resolutions.
(Adopted)
A. Public Hearing and Motion regarding Sutherland protest.
B. Resolution 2015-019 Submitting to the Registered Electors of the City an Ordinance Extending
the Expiring Twenty-Five Hundredths Percent (0.25%) “Building On Basics” Capital Projects
Sales and Use Tax For a Period of Ten Years for the Purpose of Obtaining Revenue for the
“Community Capital Improvement Program” Capital Projects and Related Operation and
Maintenance, and Superseding Resolution 2015-012.
C. Resolution 2015-020 Submitting to the Registered Electors of the City at the April 7, 2015
Regular City Election the Question of the Extension of the Expiring Quarter-Cent Sales and Use
Tax Used to Fund the City's Street Maintenance Program, and Superseding Resolution 2015-
013.
The purpose of this item is to (1) hold a hearing to address a protest of ballot questions and (2) adopt
new resolutions establishing ballot language to supersede Resolution 2015-012 and Resolution
2015-013, which were adopted on January 20 concerning expiring taxes for capital projects and
street maintenance.
Councilmember Poppaw withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, for Council to
suspend its rules of procedure governing City Council meetings in order to take public comment
two separate times in connection with Agenda Item No. 14, first related to the protests that have
been filed regarding the form of the proposed ballot language and then after resolution of the
protest related to the resolutions presented for consideration under Item No. 14.
The vote on the motion was as follows: Yeas: Campana, Overbeck, Troxell, Cunniff, Horak and
Weitkunat. Nays: none.
THE MOTION CARRIED.
Interim City Attorney Daggett reviewed the process for a protest hearing.
City Clerk Nelson stated three protests have been filed related to the proposed Resolutions, each
of which relates to the initial clause of the ballot language, "without raising additional taxes."
Mayor Weitkunat stated the protests will be consolidated into one hearing.
Eric Sutherland, Protestor, stated the use of the language "without raising additional taxes" is
misleading.
Mike Pruznick, Protestor, stated Council's job is to protect human rights and alleged the ballot
language is misleading.
Stacy Lynne stated it is illegal to mislead voters.
Mr. Sutherland elected not to provide a rebuttal.
Mr. Pruznick encouraged Council to do the right thing.
Mayor Weitkunat closed the public hearing.
February 3, 2015
City of Fort Collins Page 40
Councilmember Cunniff noted the BOB 1.0 ballot measure from 2005 did not contain the phrase
"without raising additional taxes" and asked if it was also the continuation of a 1/4 cent capital
improvement tax. Interim City Attorney Daggett replied in the affirmative.
Councilmember Cunniff asked if the insertion of the phrase is necessary. Interim City Attorney
Daggett replied case law evolves over time in terms of interpreting both election laws and
TABOR and ballot language always involves an effort to match current interpretations of that
case law.
Councilmember Cunniff asked if the ballot language would be deemed insufficient should that
language not be included. Interim City Attorney Daggett replied one of the points from a
specific case is that it is important for the language of the ballot measure to not confuse voters
and that case found the use of the phrase "without raising additional taxes" was necessary.
Councilmember Campana stated the balance of the referenced statement is quite straight
forward.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, that the Council
find and determine, after having heard and considered the evidence and arguments presented at
tonight's protest hearing, that the form of the ballot language proposed in both Resolution 2015-
019 and Resolution 2015-020 is not confusing, misleading or in conflict with any other ballot
measure that will be on the ballot of the April 7th election, or contrary to any applicable legal
requirements.
Councilmember Cunniff stated he would prefer to find that the ballot measure is confusing and
strike the "without raising additional taxes" clause from both ballot measures in order to maintain
consistency with the initial BOB ballot measure.
Mayor Pro Tem Horak supported the Interim City Attorney's recommendation.
The vote on the motion was as follows: Yeas: Troxell, Horak, Weitkunat and Campana. Nays:
Overbeck and Cunniff.
THE MOTION CARRIED.
Eric Sutherland stated the City's budgeting process has not delivered a point where City
expenditures are accurately scrutinized in order to prioritize General Fund reserve spending.
Mike Pruznick discussed a letter from the Youth Board stating it does not support the inclusion
of a creative center in the capital improvement package.
Stacy Lynne encouraged consultation with outside counsel.
Councilmember Cunniff asked if outside election law legal specialists have been consulted in
previous years. Interim City Attorney Daggett replied in the affirmative; however, she noted
outside counsel was not consulted on this specific question.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to postpone
consideration of this item until February 17th following consultation with outside counsel.
February 3, 2015
City of Fort Collins Page 41
Councilmember Troxell asked if other attorneys in the City Attorney's Office were consulted.
Interim City Attorney Daggett replied at least four attorneys, including John Duvall, Senior
Assistant City Attorney, have examined the item.
John Duvall discussed the case law and stated the court applied this language in its analysis.
Mayor Pro Tem Horak asked if other Resolutions could be approved on the 17th if outside
counsel opinion causes Council to rethink the issue. Interim City Attorney Daggett replied in the
affirmative.
The vote on the motion was as follows: Yeas: Cunniff and Overbeck. Nays: Horak, Troxell,
Weitkunat and Campana.
THE MOTION FAILED.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2015-019.
RESULT: RESOLUTION 2015-019 ADOPTED [4 TO 2]
MOVER: Gino Campana, District 3
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
RECUSED: Poppaw
(Secretary's note: Councilmember Poppaw returned at this point in the meeting.)
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2015-020.
RESULT: RESOLUTION 2015-020 ADOPTED [4 TO 2]
MOVER: Gino Campana, District 3
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
RECUSED: Poppaw
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to request the
Interim City Attorney to seek outside counsel to provide a second opinion regarding the ballot
language included on the two previous Resolutions.
Councilmember Poppaw recused herself from the vote on this item.
Councilmember Cunniff stated he would like the opinion to address whether or not the exclusion
of the language would be considered misleading as well as whether the Supreme Court would
have found the inclusion of the language misleading.
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Campana, Overbeck, Troxell
and Cunniff. Nays: none.
February 3, 2015
City of Fort Collins Page 42
THE MOTION CARRIED.
15. Resolution 2015-021 Making an Appointment to the Art in Public Places Board. (Adopted)
Two vacancies currently exist on the Art in Public Places Board due to the expiration of terms of
members. By adopting Resolution 2015-018, Council has filled one of those vacancies.
Councilmembers Bob Overbeck and Wade Troxell were unable to reach an agreement on a
recommendation to fill one vacancy on the Art in Public Places Board. The Council interview team
wishes to submit two names for Council's consideration for that position: Ray Tollison and Sabrina
Zimmerman.
Councilmember Overbeck stated this item resulted from a clerical issue in which only two
appointments should have been considered rather than three and he and Councilmember Troxell
did not agree on two candidates; therefore, this item will be coming before Council for
consideration.
Councilmember Troxell supported Roy Tollison for the Art in Public Places Board vacancy.
Councilmember Overbeck supported Sabrina Zimmerman for the Art in Public Places Board
vacancy.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2015-021 with the inclusion of Sabrina Zimmerman as the Board appointee.
Mayor Pro Tem Horak and Mayor Weitkunat discussed the importance of bringing in new
Boardmembers.
Councilmember Troxell stated he would support the motion.
Councilmember Poppaw thanked all of the citizens who serve on the City’s Boards and
Commissions.
RESULT: RESOLUTION 2015-021 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
16. Resolution 2015-022 Appointing an Ad Hoc City Council Committee to Study Alternatives for
Time-of-Use Electric Rates and Related Programs. (Adopted)
The purpose of this item is to establish an ad hoc City Council committee to study and make
recommendations to the Council by the end of March 2015. This will allow Electric Utility staff to
share advantages and disadvantages of different approaches and programs and gain input needed
in order to prepare proposed Code changes for Council consideration in the coming months.
Discussions will be around implementing a time-of-use pilot study, how to set a monthly fixed charge
as part of a time-of-use rate, and potential low-income rate structures.
Mike Pruznick stated residents and local small businesses should not be subsidizing the rates for
big businesses.
February 3, 2015
City of Fort Collins Page 43
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2015-022 with the inclusion of Councilmembers Campana and Cunniff.
Mayor Pro Tem Horak noted different user groups are charged different rates due to cost of
service differences.
RESULT: RESOLUTION 2015-022 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Executive Session Authorized
Mike Pruznick requested Council release documentation following the Executive Session.
Mayor Weitkunat noted no action is taken during Executive Sessions and Item No. 18 will be
considered after the conclusion of the Executive Session.
Jonathan Carnahan asked what will be discussed during the Executive Session and stated he
would prefer to hear the discussion in public.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to go into
Executive Session for the purpose of meeting with the City Attorney, City Manager and other
affected members of City staff to discuss specific legal questions related to CSU projects as
permitted under Article 2, Section 11-2 of the Charter and Section 2-31(a)(2) of the City Code
and Colorado Revised Statutes Sections 24-6-402(4)(b).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Council will consider a motion to waive attorney/client privilege regarding the City's authority over
Colorado State University projects.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, that Council
waive on behalf of the City, the Attorney-Client privilege that would otherwise apply to the
confidential memorandum to the Mayor and City Councilmembers from the Deputy City
Attorney, Paul Eckman, through Interim City Attorney Carrie Daggett, dated January 31
st
, 2015
regarding City land use regulatory power over Colorado State University and direct the City
Attorney to release that memorandum to the public.
Doug Brobst supported the release of the memorandum and the waiver of the Attorney-Client
privilege.
Linda Vrooman stated there has never been honest, open information available about the
proposed stadium and supported the waiver.
February 3, 2015
City of Fort Collins Page 44
Patrick Reining supported the Attorney-Client privilege waiver and questioned whether
Councilmember Troxell should recuse himself from discussions regarding the item.
Councilmember Troxell stated the Council Ethics Committee has found Councilmember Troxell
does not have a conflict of interest regarding this topic and cited other discussions regarding
CSU from which he did recuse himself.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Motion to include the map of areas of concern and an email from CSU attorney Jason Johnson
with the legal memo to be released to the public
Councilmember Cunniff requested the release of map which would accompany the
aforementioned legal memo outlining the areas of concern in the city. Interim City Attorney
Daggett replied that is Council’s prerogative.
Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to include the map
and email from CSU’s attorney Jason Johnson to Carrie Daggett.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gerry Horak, District 6
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Councilmember Cunniff requested an update regarding the City's plans around the ozone non-
attainment issue.
Councilmember Cunniff asked about the possible schedule for utility billing transparency, plant
investment fee and long-term financial plan.
Mayor Pro Tem Horak discussed the Addition of Permitted Use issue.
ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adjourn to 6:00
PM on Tuesday, February 10th for a possible executive session and to consider such other
business as may come before the Council, noting one of the main purposes is to interview City
Attorney candidates.
February 3, 2015
City of Fort Collins Page 45
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
The meeting adjourned at 10:30 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 46
February 10, 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
Staff present: Atteberry, Daggett, Nelson
OTHER BUSINESS
Councilmember Campana discussed the English Ranch community garden issue and requested
support for additional time to allow mediation and compromise on the issue. City Manager
Atteberry stated the City will suspend removal of the garden indefinitely in order to possibly
reach a mutual resolution.
Mayor Pro Tem Horak suggested the mediator not be associated with the City.
Executive Session Authorized.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, that Council go
into Executive Session as permitted under Section 2-31(a)(1)(a) of the City Code and Colorado
Revised Statutes Section 24-6-402(4)(f)(1) for the purposes of discussing personnel matters
related to the selection of the City Attorney.
Councilmember Cunniff stated he would support the motion but stated he would like to
reexamine the policy of Executive Session interviews for direct employees.
Mayor Pro Tem Horak noted City Manager interviews are already conducted publicly.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 9:30 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk