HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 08/08/2017 - SUMMARY AGENDA (SPECIAL MEETING)City of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Ken Summers, District 3
Kristin Stephens, District 4 Cablecast on FCTV Channel 14
Ross Cunniff, District 5 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Winkelmann
City Attorney City Manager City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial
711 for Relay Colorado) for assistance.
Special Meeting
August 8, 2017
6:00 p.m.
(Amended 8/7/17)
PLEDGE OF ALLEGIANCE
CALL TO ORDER
ROLL CALL
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.
City of Fort Collins Page 2
1. Resolution 2017-073 Directing the City Manager to Submit to the Colorado Parks and Wildlife
Commission and Other Agencies the City's Comments on the Fish and Wildlife Mitigation and
Enhancement Plan for the Northern Integrated Supply Project and Directing Testimony Regarding
the Same. (staff: John Stokes; 10 minute staff presentation; 90 minute discussion)
The purpose of this item is to consider a resolution to adopt a set of draft comments regarding the
State of Colorado Fish and Wildlife Mitigation and Enhancement Plan (the Plan) for the Northern
Integrated Supply Project (NISP). As early as the turn of the 19th century, the Poudre River was
known as a “hard working” river. Now, well into the 21st century, pressures on the Poudre have
increased dramatically as the region thrives. In the early 1970s Fort Collins realized that the Poudre
had the potential to be more than an industrial zone. Since that time, Fort Collins has invested many
tens of millions of dollars in parks, natural areas, river restoration, flood mitigation, and a riverside
trail. Fort Collins owns about 70% of the floodplain within the city’s growth management area. The
Poudre River trail starts west of the City at the CPW Watson Lake facility and with the exception of a
short section yet to be completed near Timnath, runs to Greeley. Throughout the year visitors
throng the River, including boaters, tubers, hikers, bikers, and anglers. According to a 2012 CPW
report, the highest creel counts on the Poudre are in downtown Fort Collins not, as one might expect,
in the upper reaches of the wild and scenic section.
In short, the 10 miles of the Poudre corridor through Fort Collins have become a defining feature of
the community’s connection to the outdoors, its culture, and its sense of place.
In 2015, Fort Collins City Council adopted a position regarding NISP in Resolution 2015-082. The
resolution states that NISP would be harmful to Fort Collins and states “City Council cannot support
NISP as it is currently described and proposed…”
In 2017, Fort Collins City Council adopted Resolution 2017-024 authorizing the City Manager and his
designees to meet on a regular basis with Northern Water to discuss and explore Fort Collins’
interests in order to ascertain whether those interests can be met pursuant to the terms of the
resolution. To date, while several amicable meetings have occurred, Fort Collins and Northern
Water have not reached any new understandings or agreements.
While staff’s draft comment letter implicitly assumes that NISP will be permitted and constructed by
recommending various changes to NISP and its operations, nothing in draft comment letter should
be interpreted to be a change of Fort Collins’ position regarding NISP.
While the Plan contains new, useful, and encouraging mitigation measures, staff continues to believe
that NISP will have damaging impacts to Fort Collins and is concerned that the Plan does not
sufficiently address a number of key concerns. In addition to describing a number of concerns, the
comment letter also describes numerous recommendations to address the concerns.
The major elements of the proposed comments on the Plan are:
Peak Flows
Water Quality
Mitigation, Restoration, Channel Improvements, and Conveyance
Adaptive Management and Long-term Monitoring
Uncertainties regarding agreements
Mitigation and Enhancement Costs
Big game habitat
City of Fort Collins Page 3
2. Items Relating to a Proposed Charter Amendment to Add a New Section to Charter Article XII
Pertaining to Telecommunication Facilities and Services. (staff: SeonAh Kendall, Mike Beckstead;
15 minute staff presentation; 1 hour discussion)
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 101, 2017, Submitting to a Vote of the Registered Electors of the
City of Fort Collins a Proposed Amendment to Article XII of the City Charter to Add a New
Section 7 Pertaining to Telecommunication Facilities and Services.
The purpose of this item is to propose an amendment to Charter Article XII, Municipal Public Utilities.
The amendment would authorize the City Council to provide, by future ordinance,
telecommunications/broadband facilities and services as a public utility, to issue of up to $150 million
in bonds, the ability to go into executive session to discuss matters related to competition in the
telecommunications industry, and the option to establish governance of this public utility through a
board and/or to delegate rate-making authority to the City Manager. This measure does not mandate
that the City provide municipal retail broadband services, or that a third-party be the provider.
Any protest of the proposed ballot language must be received no later than Monday, August 7, 2017,
at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of
Ordinance No. 101, 2017. If protest(s) are received, copies will be included in Council’s “Read-
before” packet.
3. Items Relating to a Proposed Charter Amendment Regarding Municipal Court Functions. (staff:
Carrie Daggett, Judge Kathleen Lane; 10 minute staff presentation; 15 minute discussion)
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 102, 2017, Submitting to a Vote of the Electors of the City of Fort
Collins a Proposed Amendment to Section 1 of Article VII of the City Charter Pertaining to the
Jurisdiction of the Municipal Court to Hear Civil Cases.
This item sets a ballot question that would modify the jurisdiction of Municipal Court to eliminate the
Municipal Court’s jurisdiction over civil cases while retaining the Court’s jurisdiction to hear and try all
proceedings initiated by the City alleging violations of the Charter and ordinances of the City. The
Ordinance submits the question to Fort Collins voters at the November 7, 2017, Special Municipal
Election. The Charter Amendment has been proposed in order to prevent future appeals to
Municipal Court of civil actions that are more appropriately heard in Larimer County District Court
and that the Municipal Court is not well situated to hear.
Any protest of the proposed ballot language must be received no later than Monday, August 7, 2017,
at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of
Ordinance No. 102, 2017. If protest(s) are received, copies will be included in Council’s “Read-
before” packet.
4. First Reading of Ordinance No. 103, 2017, Appropriating Prior Year Reserves in the General Fund
for the Conduct of a Special Election on November 7, 2017, that was not included in the 2017
Adopted City Budget. (staff: Wanda Winkelmann; no staff presentation; 5 minute discussion)
The purpose of this item is to appropriate $150,000 from prior year reserves for the conduct of the
November 7, 2017, Special Election. This is an estimated amount based on prior participation in
coordinated elections. Final costs will be determined by the number of eligible Fort Collins voters,
and the number of entities participating/sharing in the cost of the election.
City of Fort Collins Page 4
5. First Reading of Ordinance No. 104, 2017, Appropriating Unanticipated Revenue in the Capital
Projects Fund and Appropriating Prior Year Reserves in the General Fund for Transfer to the Capital
Projects Fund for Construction of the Final Five Acres of the Gardens on Spring Creek and
Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places
Program. (staff: Michelle Provaznik; 10 minute staff presentation; 30 minute discussion)
THIS ITEM HAS BEEN WITHDRAWN AND MOVED TO AUGUST 15.
The purpose of this item is to appropriate $2,631,000 for construction of the Gardens on Spring
Creek facility including the Great Lawn, Undaunted Garden, Foothills and Prairie Gardens. This item
also appropriates the funds needed for the Arts in Public Places artwork that is part of the capital
project.
6. First Reading of Ordinance No. 105, 2017, Imposing a Moratorium Until December 31, 2017, upon
the Acceptance of Applications for the Installation of and/or the Issuance of Right-of-Way Permits for
New Antennas, Small Cell Facilities, Towers and Wireless Service facilities by any Third Party in City
Rights-of-Way in any Zone District. (staff: Tyler Marr; 10 minute staff presentation; 15 minute
discussion)
The purpose of this item is to consider a moratorium until December 31, 2017, on the installation of
cellular facilities in public rights-of-way. This would allow the City time to draft and implement
appropriate regulations on such installations while still complying with HB 17-1193, which expanded
the right of companies to utilize the right of way for small cell installations.
ADJOURNMENT