HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 11/05/2019 - SUMMARY AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Kristin Stephens, District 4, Mayor Pro Tem City Hall West
Susan Gutowsky, District 1 300 LaPorte Avenue
Julie Pignataro, District 2 Fort Collins, Colorado
Ken Summers, District 3
Ross Cunniff, District 5 Cablecast on FCTV Channel 14
Emily Gorgol, District 6 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney City Manager City Clerk
Regular Meeting
November 5, 2019
Persons wishing to display presentation materials using the City’s display equipment under the Citizen
Participation portion of a meeting or during discussion of any Council item must provide any such materials
to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2)
hours prior to the beginning of the meeting at which the materials are to be presented.
NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to
election matters must be provided to the City Clerk no later than noon on the day of the meeting at which
the item will be considered. See Council Rules of Conduct in Meetings for details.
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 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Proclamations and Presentations
5:15 p.m.
A. Proclamation Declaring November 2019 as Native American Month.
B. Proclamation Declaring November 16-24, 2019, as Hunger and Homelessness Awareness Week.
C. Proclamation Declaring November 2019 as Transgender Acceptance Month.
D. Proclamation Declaring November 30, 2019, as Small Business Saturday.
E. Proclamation Declaring November 4-10, 2019, as Drone Safety Awareness Week.
F. Proclamation Declaring November 4-8, 2019, as Law Enforcement Records and Evidence
Personnel Week.
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Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
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.
PUBLIC COMMENT
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 beep once and the timer light will turn yellow to indicate that 30 seconds of speaking
time remain, and will beep 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.]
PUBLIC COMMENT FOLLOW-UP
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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.
If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens
is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer
may declare that the following process will be used to simplify consideration of the Citizen-Pulled
Consent Items:
(1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading
“Consideration of Citizen-Pulled Consent Items.”
(2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all
of the items that have been moved to that part of the agenda.
(3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled
Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council
will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote.
(4) Any Citizen-Pulled Consent Items that a Councilmember has asked to be considered individually will
then be considered using the regular process for considering discussion items.
1. Consideration and Approval of the Minutes of the October 1, 2019 Regular Council Meeting and the
October 8, 2019 Adjourned Council Meeting.
The purpose of this item is to approve the minutes from the October 1, 2019 regular Council meeting
and the October 8, 2019 adjourned Council meeting.
2. Second Reading of Ordinance No. 121, 2019, Adopting the 2020 Budget and Appropriating the Fort
Collins Share of the 2020 Fiscal Year Operating and Capital Improvements Funds for the Northern
Colorado Regional Airport.
This Ordinance, unanimously adopted on First Reading on October 15, 2019, adopts the 2020 budget
for the Northern Colorado Regional Airport and appropriate Fort Collins’ share of the 2020 fiscal year
operating and capital funds for the Airport. The City’s 50% share of the 2020 Airport operating budget
is $646,445 and 50% share of the 2020 capital budget is $740,500, for a total City appropriation of
$1,386,945.
3. Second Reading of Ordinance No. 122, 2019, Being the Annual Appropriation Ordinance for the Fort
Collins Downtown Development Authority Relating to the Annual Appropriations for the Fiscal Year
2020 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year 2020.
This Ordinance, unanimously adopted on First Reading on October 15, 2019, sets the 2020 Downtown
Development Authority (DDA) Budget.
The following amounts will be appropriated:
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DDA Public/Private Investments and Programs $3,918,409
DDA Operations & Maintenance $ 959,165
Revolving Line of Credit Draws $6,400,000
DDA Debt Service Fund $8,256,548
The Ordinance sets the 2020 mill levy for the Fort Collins DDA at five (5) mills, unchanged since tax
year 2002. The approved Budget becomes the Downtown Development Authority's financial plan for
2020.
4. Second Reading of Ordinance No. 123, 2019, Making Appropriations and Authorizing Transfers of
Appropriations for the Spring Creek Sanitary Trunk Sewer Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on October 15, 2019, appropriates $656,500
from the Wastewater Fund cash reserves to replace of a section of sewer main that is at risk of
imminent failure. On July 14, 2019, a section of the Spring Creek Trunk Sewer, located between
Stover and Ukiah Lane, collapsed and needed an emergency repair on a 20-foot section of the
pipeline. Subsequent televising of the rest of the 500-foot section of pipeline has found that it is
structurally compromised and should be replaced. In addition, significant longitudinal cracks were
found in the 100-foot section of pipe just downstream. This section of pipe is the original 24-inch clay.
Staff is recommending lining this section of pipe at the same time. This appropriation will allow for
these sections of pipe to be replaced this winter rather than through the next budget cycle in 2021.
5. Second Reading of Ordinance No. 124, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins Related to Water, Wastewater and Electric Rates, Fees, and Charges Applied Under an
Income-Qualified Assistance Program.
This Ordinance, unanimously adopted on First Reading on October 15, 2019, amends Section 26-724
of City Code, Chapter 26, pertaining to Utility Services to provide inclusivity for low-income customers,
focusing on qualification criteria and program descriptions.
6. Items Relating to 2020 Utility Rates.
A. Second Reading of Ordinance No. 125, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates, Fees and Charges.
B. Second Reading of Ordinance No. 126, 2019 Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Water Rates, Fees and Charges.
C. Second Reading of Ordinance No. 127, 2019 Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Wastewater Rates, Fees and Charges.
D. Second Reading of Ordinance No. 128, 2019 Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Stormwater Rates, Fees and Charges.
These Ordinances, unanimously adopted on First Reading on October 15, 2019, adjust monthly
charges for electric, water, wastewater, and storm water services in 2020. The revenue requirements
to support the 2020 budget will require increasing monthly charges for electric service by 5.0% and
stormwater service by 2.0%. While there is no overall percentage increase planned for the Water or
Wastewater Funds, there are minor rate class adjustments proposed based on recent cost-of-service
model updates. Upon adoption, these rates would be effective January 1, 2020.
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7. Second Reading of Ordinance No. 129, 2019, Being the Annual Appropriation Ordinance Relating to
the Annual Appropriations for the Fiscal Year 2020; Amending the Budget for the Fiscal Year
Beginning January 1, 2020 and Ending December 31, 2020; and Fixing the Mill Levy for Property
Taxes Payable in 2020.
This Ordinance, unanimously adopted on First Reading on October 15, 2019, amends the adopted
2020 Budget and sets the amount of $632,403,387 to be appropriated for fiscal year 2020. This
appropriated amount does not include what is also being appropriated by separate Council/Board of
Director actions to adopt the 2020 budgets for the General Improvement District (GID) No. 1 of
$352,000, the 2020 budget for GID No. 15 (Skyview) of $1,000, the Urban Renewal Authority (URA)
2020 budget of $5,952,249 and the Downtown Development Authority 2020 budget of $19,534,122.
The sum of these ordinances results in City-related total appropriations of $658,242,758 in 2020. This
Ordinance also sets the 2020 City mill levy at 9.797 mills, unchanged since 1991.
8. Items Relating to the 2019 Fee Update.
A. First Reading of Ordinance No. 130, 2019, Amending Chapter 7.5 of the Code of the City of Fort
Collins to Implement the Phase III Increases for the Capital Expansion Fees and Increase for
Inflation the Capital Expansion Fees and the Transportation Expansion Fee.
B. First Reading of Ordinance No. 131, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins Regarding Calculation and Collection of Development Fees Imposed for the Construction
of New or Modified Electric Service Connections.
C. First Reading of Ordinance No. 132, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Sewer Plant Investment Fees.
D. First Reading of Ordinance No. 133, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise the Stormwater Plant Investment Fees.
E. First Reading of Ordinance No. 134, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Water Plant Investment Fees.
F. First Reading of Ordinance No. 135, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise the Water Supply Requirements Fee.
The purpose of this item is to review fee updates associated with Electric Capacity Fees, Water Supply
Requirement Fees, Wet Utility Plant Investment Fees (PIFs) and Step III of the 2017 Capital Expansion
Fees (CEFs). Fee updates have been reviewed by Council Finance Committee twice, and at the
November 8th Council Work Session Council was fully supportive of brining fees forward for Council
adoption. Staff met with nine organizations across the City in the summer of 2019 and overall
organizations were supportive of the approach and cadence.
Coordination of Council approved fees began in 2016 to provide a more holistic view of the total cost
impact. Previously, fee updates were presented to Council on an individual basis. After the 2019 fee
update, fee phasing will be complete with regular two and four-year cadence updates beginning in
2021.
Development Review/Building Fees were initially planned to be part of the 2019 update but have been
decoupled and will come forward once finalized.
9. First Reading of Ordinance No. 136, 2019, Amending Chapter 26 of the Code of the City of Fort Collins
to Clarify the Application of Certain Water-Related Fees to Different Forms of Fraternity and Sorority
Housing.
The purpose of this item is to amend Chapter 26 of the City Code to clarify the application of certain
water-related fees to different forms of fraternity and sorority housing.
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10. First Reading of Ordinance No. 137, 2019, Authorizing the City's Conveyance of Land to Facilitate the
Replatting of the Lot on which the City's Foothills Activity Center is Located.
This item approves the exchange of deeds between the City, the developer of the Foothills Mall (the
“Mall”) and the owner of the Macy’s store in the Mall. This exchange of deeds is needed to replat the
lot on which the City’s Foothills Activity Center (the “FAC”) is now located to eliminate small
encroachments that currently exist between the City’s FAC lot and adjacent properties owned by the
Mall developer and Macy’s. This replatting will remove these encroachments and ensure that the FAC,
as built, is located entirely and correctly within the City’s replatted lot.
11. Resolution 2019-105 Expressing Support for Legislation by the Colorado General Assembly
Regarding Executive Sessions for Matters Pertaining to Issues of Competition in Providing Local
Telecommunications Facilities and Services.
The purpose of this item to consider a resolution supporting potential legislation by the General
Assembly confirming home-rule municipalities’ authority and authorizing other cities and towns to hold
executive sessions for matters pertaining to issues of competition in providing local
telecommunications facilities and services such as high-speed broadband internet and ancillary
services, including without limitation matters subject to negotiation, strategic planning, pricing, sales
and marketing, development phasing of such services in addition to any other matter allowed under
the Colorado Open Meetings Law or the Colorado Open Records Act.
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. Staff Report: Fort Collins Utilities Smart Energy Provider Designation (staff: John Phelan)
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
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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 (three 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.
12. First Reading of Ordinance No. 138, 2019, Amending the Zoning Map of the City of Fort Collins by
Changing the Zoning Classification for that Certain Property Known as the Hughes Stadium Site
Rezoning and Approving Corresponding Changes to the Residential Neighborhood Sign District Map.
(staff: Cameron Gloss, Tom Leeson; 20 minute staff presentation; 2 hour discussion)
The purpose of this item is to rezone 164.55 acres located on the west side of Overland Trail and north
of CR32 (parcel # 9720100913) with one condition and to place the property into the Residential Sign
District. City Council initiated the rezoning on July 16, 2019 and directed City staff to prepare a
rezoning application and make a recommendation regarding the appropriate zoning. The site is
currently zoned Transition (T) and staff recommends placement into the Residential Foothills (RF) and
Low-Density Mixed-Use Neighborhood (LMN) zone districts. A recommended condition of the rezone
requires that future development in the portion zoned Residential Foothills district meet the
requirements of a Cluster Plan pursuant to Land Use Code Section 4.3(E)(2). The request places the
property into the Residential Sign District. The Planning and Zoning Board on a 4-2 vote
recommended that City Council not adopt the staff proposed zoning and instead zone the property
entirely Residential Foothills.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating
from the Council's Policy Agenda or initiated by staff.)
ADJOURNMENT
A. Consideration of a motion to adjourn to 6:00 p.m., Tuesday, November 12, 2019, for the annual
evaluations of the City Manager, City Attorney and Chief Judge.
“I move that Council adjourn this meeting to 6:00 p.m. on Tuesday, November 12, in order to
consider a motion to go into executive session to conduct annual performance reviews of the
Council’s direct report employees, and for such other business as may come before the Council.”
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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.
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Wade Troxell, President City Council Chambers
Kristin Stephens, District 4, Vice President City Hall West
Susan Gutowsky, District 1 300 LaPorte Avenue
Julie Pignataro, District 2 Fort Collins, Colorado
Ken Summers, District 3
Ross Cunniff, District 5 Cablecast on FCTV, Channel 14
Emily Gorgol, District 6 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney Executive Director Secretary
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 (V/TDD: Dial 711
for Relay Colorado) for assistance.
General Improvement District No. 1 Regular Meeting
November 5, 2019
(after the Regular Council Meeting)
CALL MEETING TO ORDER
ROLL CALL
1. Consideration and Approval of the Minutes of the October 15, 2019 General Improvement District No.
Meeting.
The purpose of this item is to approve the minutes from the October 15, 2019 General Improvement
District No. 1 Board meeting.
2. Second Reading of Ordinance No. 072 Determining and Fixing the Mill Levy for the General
Improvement District No. 1 for the Fiscal Year 2020; Directing the Secretary of the District to Certify
Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2020 Annual
Appropriation (staff: Josh Birks; no staff presentation; 5 minute discussion)
This Ordinance, unanimously adopted on First Reading on October 15, 2019, sets the mill levy of
4.924 and authorizes the fiscal year 2020 appropriation for General Improvement District No. 1 (GID).
The sum of $314,160 is anticipated to be collected from the mill levy of 4.924 mills for fiscal year 2020
imposed within the General Improvement District No. 1 (GID) boundaries. Additional revenue for the
GID from automobile specific ownership taxes and interest earnings are anticipated in 2020 to total
$59,965 resulting in an expected revenue total of $374,125 for 2020. The Ordinance appropriates
funds in the amount of $352,000 from ongoing revenue for the operation of the GID in 2020.
OTHER BUSINESS
ADJOURNMENT
GENERAL IMPROVEMENT
DISTRICT NO. 1 BOARD
City of Fort Collins Page 1
Wade Troxell, President City Council Chambers
Kristin Stephens, District 4, Vice President City Hall West
Susan Gutowsky, District 1 300 LaPorte Avenue
Julie Pignataro, District 2 Fort Collins, Colorado
Ken Summers, District 3
Ross Cunniff, District 5 Cablecast on FCTV, Channel 14
Emily Gorgol, District 6 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney Executive Director Secretary
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 (V/TDD: Dial 711
for Relay Colorado) for assistance.
Skyview South General Improvement District No. 15 Meeting
November 5, 2019
(after the General Improvement District No. 1 meeting)
CALL MEETING TO ORDER
ROLL CALL
1. Consideration and Approval of the Minutes of the October 15, 2019 Skyview South General
Improvement District No. 15 Meeting.
The purpose of this item is to approve the minutes from the October 15, 2019 Skyview South General
Improvement District No. 15 Board meeting.
2. Second Reading of Ordinance No. 012 Determining and Fixing the Mill Levy for the Skyview South
General Improvement District No. 15 for the Fiscal Year 2020; Directing the Secretary of the District
to Certify Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year
2020 Annual Appropriation. (staff: Lawrence Pollack, Darren Moritz; no staff presentation; 3 minute
discussion)
This Ordinance, unanimously adopted on First Reading on October 15, 2019, includes the annual
appropriation for 2020 of $1,000 for the expenses of the Skyview South General Improvement District
No. 15 (GID No. 15). The sum of $33,439 is anticipated to be collected from the mill levy of 10.0 mills
for fiscal year 2020. Additional miscellaneous revenue for GID No. 15 of $6,136 is anticipated to
generated from auto specific ownership fees and interest income. The total 2020 revenue for GID No.
15 is expected to be $39,575. The total amount will be used in the future to maintain and repair roads
in the Skyview subdivision.
SKYVIEW SOUTH GENERAL
IMPROVEMENT DISTRICT NO. 15
BOARD
City of Fort Collins Page 2
3. Second Reading of Ordinance No. 013, Appropriating Prior Year Reserves in the Skyview South
Improvement District No. 15 Fund for Transfer to the Transportation Fund for the Skyview South
Asphalt Overlay Project. (staff: Darren Moritz; no staff presentation; 3 minute discussion)
This Ordinance, unanimously adopted on First Reading on October 15, 2019, appropriates reserves
to cover an expense that was not anticipated and, therefore, not included in the 2019 annual budget
appropriation for the Skyview South General Improvement District No. 15. This new expense is the
Skyview South Asphalt Overlay Project.
OTHER BUSINESS
ADJOURNMENT