HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/15/2018 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE AAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY May 15, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the April 17, 2018 Regular Council Meeting and the April 24,
2018 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the April 17, 2018 Regular Council Meeting and the
April 24, 2018 Adjourned Council Meeting.
ATTACHMENTS
1. April 17, 2018 (PDF)
2. April 24, 2018 (PDF)
City of Fort Collins Page 218
April 17, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 12, Resolution 2018-040 Making Findings of Fact and
Conclusions of Law Regarding the Appeal of the Landmark Preservation Commission’s Decision
that 2601 South College Avenue is Eligible for Fort Collins Landmark Designation, has been
moved to the Discussion Agenda, and recommended postponing Item No. 14, Second Reading of
Ordinance No. 047, 2018, Appropriating Prior Year Reserves in the Transportation Capital
Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations
from the Transportation Capital Expansion Fee Fund and the Transportation Fund into the
Capital Project Fund for the East Prospect Road Improvements Project and Transferring
Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the
Art in Public Places Program, indefinitely. He also recommended adjourning this meeting to next
Tuesday to consider Item No. 15, Items Relating to the Appropriation From Light and
Power/Broadband Fund Debt Proceeds and Other Funds Related to the Broadband Project.
Eric Sutherland withdrew Item Nos. 8, Items Related to Income Qualified Assistance Programs,
and 11, Resolution 2018-037 Authorizing Addendums to Extend the Terms of the
Intergovernmental Agreements Between the City and Poudre School District and the City and
Thompson School District Pertaining to the Land Dedication and In-Lieu Fee Requirements
Contained in Such Agreements, from the Consent Agenda.
• CITIZEN PARTICIPATION
Wes Kenny, Fort Collins Symphony Maestro, announced the Symphony’s pops concert at
Timberline Church. He introduced Tom Bittinger, bassoonist, who played a piece from Vivaldi.
Kaitlyn Young opposed the U+2 Ordinance and noted other Ordinances exist to address property
maintenance concerns.
Hanna Johnson, ASCSU, supported Item No. 8, Items Related to Income Qualified Assistance
Programs.
Stephen Sorenson, Cultural Resources Board Chair, thanked Council and the City Manager for
productive discussions related to Art in Public Places.
Adam Lovell discussed the U+2 Ordinance and stated there is overwhelming support for its repeal.
Beth Bruno, A Face to Reframe, discussed anti-human trafficking efforts.
Megan Lundstrom, Free Our Girls, discussed sex trafficking.
April 17, 2018
City of Fort Collins Page 219
Chris Bruno, Restoration Counseling Center, discussed sex trafficking.
Eric Sutherland discussed time-of-use utility rates.
Lynn Nichols, No Pipe Dream, stated her organization is advocating for the City of Thornton to
let its water flow through town via the Poudre River.
Charmaine Stavedahl opposed Thornton’s plan to build a system of pipelines to divert its water
prior to its flow through Fort Collins.
Gary Wockner, Save the Poudre, discussed the plans for NISP and Thornton to take water out of
the Poudre upstream of Fort Collins.
Karen Wagner opposed allowing Thornton to divert water from the Poudre River upstream of Fort
Collins.
Dave Zick stated he is currently homeless and discussed a Fort Collins ordinance that technically
makes it illegal to breathe in Fort Collins.
R. Warren Limnenen opposed allowing Thornton to divert water from the Poudre River upstream
of Fort Collins.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Cunniff responded to Ms. Young, noting the U+2 study is not being run by him;
therefore, his opinions will not affect its outcome. He also noted his stance on the issue was a key
part of his reelection campaign.
Councilmember Martinez thanked the speakers who discussed human and sex trafficking for their
work. He asked about Fort Collins’ sphere of influence related to the Thornton pipelines.
Councilmember Overbeck thanked the speakers and requested information regarding Fort Collins’
sphere of influence related to the Thornton pipelines.
Mayor Pro Tem Horak stated no municipality takes water from anywhere other than the mouth of
the canyon and noted members of Council and the management team have met with Thornton.
Councilmember Cunniff noted Fort Collins continues to be in talks with Thornton.
Mayor Pro Tem Horak stated Fort Collins is working to increase the river flows and Thornton is a
partner to those efforts.
Councilmember Stephens stated there are groups working on augmenting the river flows and
substantive work is being done.
• CONSENT CALENDAR
April 17, 2018
City of Fort Collins Page 220
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the March 6, March 20 and April 3, 2018 Regular
Council Meetings. (Adopted)
The purpose of this item is to approve the minutes from the March 6, March 20 and April 3, 2018,
Regular Council meetings.
2. Second Reading of Ordinance No. 046, 2018, Reappropriating Funds Previously Appropriated
in 2017 But Not Expended and Not Encumbered in 2017. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 3, 2018, reappropriates monies in
2018 that were previously authorized by City Council for various expenditures in 2017. The authorized
expenditures were not spent or could not be encumbered in 2017 because:
• there was not sufficient time to complete bidding in 2017 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies,
• the project for which the dollars were originally appropriated by Council could not be completed
during 2017 and reappropriation of those dollars is necessary for completion of the project in 2018,
or
• the funds appropriated in 2017 for certain ongoing programs, services, and facility improvements
remained unspent at the end of 2017 for the various reasons discussed below, but continue to be
needed in 2018 for these programs, services and facility improvements.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund
balances at the end of 2017 and reflect no change in Council policies.
3. Second Reading of Ordinance No. 048, 2018, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the
Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the
Transportation Fund into the Capital Project Fund for the South Timberline Road
Improvements Project and Transferring Appropriations from the Capital Project Fund to the
Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 3, 2018, appropriates $549,496 into
the Capital Project Fund for the South Timberline Road Improvement Project. This funding will be used
to initiate the design for the project. In addition, this item will authorize the transfer of $5,495, one
percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities
Fund for Art in Public Places. This project will reconstruct South Timberline Road from Stetson Creek
Drive to Trilby Road to the City’s four lane arterial roadway standard.
4. Second Reading of Ordinance No. 049, 2018, Appropriating Prior Year Reserves in the Utility
Customer Service and Administration Fund for Cyber Security and System Enhancements for
the Utilities Customer Information System. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 3, 2018, funds security improvements
identified in a 2017 assessment of the Utilities customer information system. This system is the Utilities’
primary tool for processing about $200 million in revenue annually, and it supports multiple critical
integrated systems that Utilities relies on for daily operations in the delivery of accurate billing. Given
April 17, 2018
City of Fort Collins Page 221
the expected lifespan of the system, it is crucial that it is protected and supported until a new billing
system is implemented.
5. Second Reading of Ordinance No. 050, 2018, Appropriating Unanticipated Grant Revenue in
the Light and Power Fund for the Peak Notification Pilot Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 3, 2018, appropriates $18,500 in grant
revenues from the American Public Power Association into the Fort Collins Utilities Light and Power
Operations fund to pilot a peak load notification project. This pilot project will be internal to the City of
Fort Collins. It will educate staff members from various departments about coincident peak and provide
tools to help City staff conserve power during peak events.
6. Second Reading of Ordinance No. 051, 2018, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Reimbursement Agreements for the Construction of Water and Sewer
Mains. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 3, 2018, amends City Code sections
related to reimbursement agreements for the construction of water and sewer mains. These sections
of Code define requirements by which private parties may seek reimbursement from adjacent property
owners for installation of public water and sewer infrastructure. As written, the Code language applies
to greenfield development, which is growing less common in Fort Collins. The proposed Code
changes would make the reimbursement agreements also applicable to infill, redevelopment, and
existing development and thus be more useful to the City and developers.
7. First Reading of Ordinance No. 052, 2018, Appropriating Prior Year Reserves and Unanticipated
Revenue in the General Fund for Cultural Development and Programming Activities, Tourism
Programming, and Convention and Visitor Program Services. (Adopted)
The purpose of this item is to appropriate $482,841, of which $242,389 is proposed for 2018 Cultural
Development and Programming Activities (Fort Fund), $26,873 is proposed for 2018 Tourism
Programming (Fort Fund), and $213,579 is proposed for 2018 Convention and Visitors Program
activities, from a combination of unanticipated revenue (Lodging Tax) and prior year reserves (unspent
appropriations) in the General Fund Lodging Tax Reserves.
Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism
programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO)
cycle and then adjusted annually as needed based on actual collections. Lodging tax revenue
collected in 2017 was $237,967 above projected collections.
8. First Reading of Ordinance No. 055, 2018, Authorizing the Release of a Restrictive Convenant
on Property at the Colony at Rigden Farm. (Adopted)
The purpose of this item is to authorize the release of a restrictive covenant for affordable home
ownership on a property's title because the property developed into market rate rental housing. The
project contemplated by the covenant was not built and no affordable housing incentives were provided
to the developer.
9. Resolution 2018-036 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Aweida Annexation. (Adopted)
The purpose of this item is to determine substantial compliance and initiate annexation proceedings
for the Aweida Annexation. The Aweida Annexation brings one property and the abutting arterial
street right-of-way totaling 0.862 acres, located on the southwest corner of the South Taft Hill Road
and W CR 38 E intersection, into Fort Collins’ municipal boundaries. No project development plan
proposal was submitted in conjunction with the annexation application. The requested zoning for
this annexation is Low Density Mixed-Use Neighborhood (L-M-N).
April 17, 2018
City of Fort Collins Page 222
The proposed Resolution makes a finding that the petition substantially complies with the Municipal
Annexation Act, determines that a hearing should be established regarding the annexation, and
directs that notice be given of the hearing. The hearing will be held at the time of first reading of the
annexation and zoning ordinances; not less than thirty days of prior notice is required by State law.
Pursuant to § 31-12-108, C.R.S., if the annexation petition is in substantial compliance with the
requirements of § 31-12-107, C.R.S., Council is required to adopt a resolution finding substantial
compliance and setting a hearing. The proposed zoning of a property to be annexed is not a
requirement under § 31-12-107, C.R.S., and discussion of zoning issues should be reserved for the
zoning review that will occur concurrent to the first reading for the annexation.
10. Resolution 2018-038 Appointing Julie Pignataro to the Citizen Review Board of the City of Fort
Collins. (Adopted)
The purpose of this item is to appoint Julie Pignataro to fill a vacancy on the Citizen Review Board due
to the resignation of Pranaya Sathe, whose term was set to expire on December 31, 2018. In January
2018, City Manager Darin Atteberry, Mayor Troxell, and Councilmember Ray Martinez interviewed
applicants solicited in the fall of 2017 and identified Ms. Pignataro as an alternate if a vacancy arose
during the year.
• END CONSENT
• STAFF REPORTS
City Manager Atteberry stated members of the City’s Youth Advisory Board attended the National
League of Cities conference in Washington, D.C.
Milan Khosla, Katie Ko, Joel Warne, and Megan Ronquillo, Youth Advisory Boardmembers,
discussed their experience at the National League of Cities conference. Specifically, they focused
on transportation issues and noted the free bus transportation offered to students is unusual. They
discussed work force equity as well.
Councilmember Martinez encouraged the Boardmembers to give this presentation to the Poudre
School District Board.
• COUNCILMEMBER REPORTS
Councilmember Overbeck reported on a visit from the Northern Arapaho Youth Group from the
Wind River Indian Reservation.
Councilmember Cunniff reported on a meeting with the Federal Railroad Administration and
meetings with Senators Gardner and Bennett.
Mayor Troxell reported on the Baldridge Award ceremony.
Councilmember Summers congratulated City Manager Atteberry and staff on receiving the
Baldridge Award.
Mayor Pro Tem Horak reported on the meeting with the Federal Railroad Administration and
discussed the Regional Air Quality Council’s recent meeting.
April 17, 2018
City of Fort Collins Page 223
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
11. Resolution 2018-040 Making Findings of Fact and Conclusions of Law Regarding the Appeal
of the Landmark Preservation Commission’s Decision that 2601 South College Avenue is
Eligible for Fort Collins Landmark Designation. (Adopted)
The purpose of this item is to make findings of fact and conclusions of law regarding the appeal of the
Landmark Preservation Commission’s decision to uphold the eligibility of 2601 South College Avenue
for Fort Collins landmark designation. The appeal was heard by City Council on April 3, 2018.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution
2018-040.
Councilmember Cunniff stated he would not support the motion as he disagrees with the decision
and conclusions.
RESULT: RESOLUTION 2018-040 ADOPTED [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
NAYS: Cunniff
• DISCUSSION ITEMS
12. Second Reading of Ordinance No. 047, 2018, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the
Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the
Transportation Fund into the Capital Project Fund for the East Prospect Road Improvements
Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services
and Facilities Fund for the Art in Public Places Program. (Postponed Indefinitely)
This Ordinance, adopted on First Reading on April 3, 2018 by a vote of 6-1 (Nays: Cunniff)
appropriates $600,000 into the Capital Project Fund for the East Prospect Road Improvements Project.
In addition, this item will authorize the transfer of $6,000, one percent of the appropriated funds, from
the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This
project will reconstruct East Prospect Road as a four-lane arterial roadway from Sharp Point Drive to
Interstate-25 (I-25) western frontage road as identified on the City’s Master Street Plan. This project
will complement the Colorado Department of Transportation’s (CDOT) I-25 and Prospect Road
Interchange improvements planned to begin construction in 2019. Appropriated funds will enable the
initiation of the design process for the project. Construction funds have not yet been identified. Staff
anticipates an overall project budget of $4,000,000 and an anticipated construction start date of 2020.
Staff anticipates the completion of both projects in 2021.
As requested at the April 3, 2018 Council Meeting, staff will present the project to the Council Finance
Committee on April 16, 2018. Staff will provide a memo to Council summarizing the discussion prior
to the April 17, 2018 Council Meeting.
Eric Sutherland questioned how many times a taxing district smaller than a parcel of land has
existed.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to postpone Second
Reading of Ordinance No. 047, 2018, indefinitely.
April 17, 2018
City of Fort Collins Page 224
RESULT: ORDINANCE NO. 047, 2018, POSTPONED INDEFINITELY [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
13. Items Relating to the Appropriation From Light and Power/Broadband Fund Debt Proceeds and
Other Funds Related to the Broadband Project. (Withdrawn)
A. First Reading of Ordinance No. 056, 2018, Appropriating Bond Proceeds from the Issuance of
2018 Electric Utility Enterprise Revenue Bonds for Capital, Operating and Debt Service
Expenditures Associated with the Construction of a Broadband System to Provide
Telecommunication Facilities and Services to Customers Within Fort Collins and Excepting This
Appropriation from the City Code’s Art In Public Places Requirement.
B. First Reading of Ordinance No. 057, 2018, Appropriating Funds from the Light and Power Fund
to Defease the City of Fort Collins, Colorado, Electric Utility Enterprise Taxable Revenue Bonds
Series 2010B.
The purpose of this item is to appropriate (1) bond proceeds for the construction of a municipal
broadband system and (2) Light & Power reserves for the defeasance of outstanding debt. The
issuance and defeasance were authorized by the Electric Utility Enterprise Board Ordinances No. 003
and No. 004, respectively. This agenda item is consistent with Strategic Objective 3.9 from the 2016
Strategic Plan: Encourage the development of reliable, high speed internet services throughout the
community.
RESULT: WITHDRAWN
14. Resolution 2018-039 Adopting the City of Fort Collins 2018 Strategic Plan. (Adopted)
The purpose of this item is to request City Council’s approval of the City of Fort Collins 2018 Strategic
Plan. Council reviewed the City’s draft 2018 Strategic Plan at a meeting on March 3, 2018. Staff
incorporated the input provided by Council into the final version sent to Council on April 12, 2018. The
2018 Strategic Plan document is an integral input to the City’s Budgeting for Outcomes (BFO) process.
As was done in 2016, Council has asked to formally adopt the 2018 Strategic Plan. It reflects the
City’s Strategic Objectives, priorities and focus over the next 3-5 years and is used as a foundation
document within other efforts across the City.
Mike Beckstead, Chief Financial Officer, stated the community input into the Strategic Plan has
been critical and thanked staff members who have worked on the Plan. He noted the Strategic
Plan sets the stage for the operating and budget plans that will ultimately be adopted.
Lawrence Pollack, Budget Director, discussed the biannual budget process and means of
community input for the Strategic Plan. He detailed the process of outcomes, objectives, and
metrics.
Councilmember Stephens requested the ways citizens can provide input into the budgeting process.
Pollack replied the best place is on the City’s website. Public events will be also held.
Councilmember Overbeck discussed the need for being more intentional about the Nature in the
City experience for residents with hearing or visual impairments. He also requested information
related to the inclusion of community policing language. Pollack replied some terms will be
updated to reflect Council’s suggestions.
April 17, 2018
City of Fort Collins Page 225
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-039.
Councilmember Cunniff commended staff’s work on the Plan.
Mayor Troxell discussed the budgeting process and noted the Strategic Plan is an important
component of that process.
Councilmember Overbeck thanked staff for their work.
Councilmember Stephens encouraged members of the public to stay involved in the process.
City Attorney Daggett outlined the changes: an edit to the title of strategic objective 4.3, an
insertion to the second bullet of strategic objective 4.8, an insertion in the 3
rd
paragraph of the
introduction for safe communities, and an insertion to the final bullet of strategic objective 5.2.
Mayor Pro Tem Horak and Councilmember Overbeck accepted the changes.
RESULT: RESOLUTION 2018-039 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
15. First Reading of Ordinance No. 058, 2018, Appropriating Prior Year Reserves in the General
Fund and the Fort Collins Urban Renewal Authority Fund and Authorizing the Transfer of
Appropriations from the General Fund and the Fort Collins Urban Renewal Authority Fund into
the Capital Project Fund for the Poudre River Whitewater Park Project and Transferring
Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for
the Art in Public Places Program and Transferring Appropriations in the Storm Drainage Fund
from the Boxelder Creek Outfall Project and the Remington Street Outfall Project to the Capital
Project Fund for the Poudre River Whitewater Park Project. (Adopted on First Reading)
The purpose of this item is to appropriate additional funding for the Poudre River Whitewater Park
project. The Whitewater Park will be located south of Vine Drive between College Avenue and the
BNSF Railroad. Design and permitting for the project are nearly complete, with construction anticipated
to begin Summer 2018, and the project complete in Summer 2019. There is sufficient funding available
for a minimum, base project. To realize the full vision of the project, as outlined in the 2014 Poudre
River Downtown Master Plan, approximately $2M of additional funds are needed.
Kurt Friesen, Director of Park Planning, discussed the project site and stated the project is ready
to move into the implementation phase this summer. The bulk of the project funding comes from
the Community Capital Improvement Program, with additional funding from Natural Areas,
Stormwater, and the General Fund among others. Friesen also discussed the $2 million in
additional funding needed for project enhancements. This appropriation request is for $1.5
million, a portion of which goes toward Art in Public Places. With an additional $500,000 from
philanthropic sources, the total would fund those project enhancements.
Eric Sutherland questioned where the Urban Renewal Authority borrowed the $300,000 being
applied to this project.
Rich Stave questioned the focus for the project and stated it is upside down in terms of cost versus
benefit.
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City Manager Atteberry requested Deputy City Manager Mihelich address Council on the boards
and commissions process to this point.
Deputy City Manager Mihelich stated staff provided presentations to all the boards and
commissions requested by Council and there was unanimous support for the project and additional
enhancements from the Parks and Recreation Board, North College Citizen Advisory Board, the
Commission on Disabilities, and the Natural Resources Advisory Board. The Water Board and
Land Conservation and Stewardship Board recommended approval with 5-2 votes.
Councilmember Cunniff asked why the park is being addressed as a whitewater park when the
ballot language addressed it as a kayak park. Mihelich replied the whitewater park provides less
limiting language given other modes of transportation could be used.
Councilmember Cunniff requested an update on the philanthropic funding. Mihelich replied the
original support noted in the ballot measure was $1.5 million of private donations. The additional
improvements added another $500,000 for a total dedication of private resources of $2 million for
the project. Currently, the funding is short $500,000 from the base phase and $500,000 from the
additional improvements; however, the ballot language requires the initial $1.5 million to be in
hand prior to construction beginning.
Councilmember Cunniff asked why lights must be pole lights. Friesen replied that is the most
efficient means of lighting an area and stated the proposed fixtures are cut-off fixtures which
eliminate light spillover.
City Manager Atteberry stated this project provides a unique opportunity to explore an
urban/natural area interface park and assured Council lighting is critical and will be carefully
examined.
Councilmember Cunniff asked about funding for park refresh needs. Friesen replied a pilot is
underway at City Park at this time; therefore, a specific dollar amount has yet to be determined,
but it is likely in the millions.
Councilmember Cunniff questioned what the $500,000 for this project could do in terms of park
refresh.
Councilmember Martinez asked if the ballot language referencing a ‘kayak park’ requires the City
to keep that title. City Attorney Daggett replied the project is described as “downtown Poudre
River enhancements and kayak park,” “whitewater kayak park with viewing/picnic areas, adds a
pedestrian bridge over the river, improves access to the river, and enhances the river’s habitat and
beauty.” Given the term “whitewater” is used in the description, there is some flexibility in terms
of the project’s working title.
Councilmember Martinez stated lighting is important from a public safety component and asked
if security cameras are incorporated. Friesen replied staff is in talks with the Police Department
right now and an emergency call station is being considered. The budget already includes funding
for security.
Councilmember Stephens asked if restrooms are planned for this area. Friesen replied a restroom
is planned in a future phase; however, it is not funded as part of the base project or considered one
of the optional features. FEMA needs to remap the area prior to a building being added.
April 17, 2018
City of Fort Collins Page 227
Councilmember Overbeck asked about the impact of lighting on wildlife. Friesen replied the
lighting will turn off at 11:00 PM; therefore, they will be off during the majority of wildlife
movement time.
Councilmember Cunniff asked why a bridge is considered an optional element given its inclusion
in the ballot language. Friesen replied that is budget-driven and the bridge will not be included
unless the optional funding is provided.
Councilmember Cunniff expressed concern the bridge has been considered optional given it was
part of the ballot language.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance
No. 058, 2018, on First Reading.
Councilmember Cunniff stated it is important to honor the will of voters and build the project,
including the bridge. He expressed concern with the $500,000 allocation from the General Fund
and stated it would be more appropriately placed in the BFO process.
Mayor Pro Tem Horak stated he would support the motion; however, he expressed concern
restrooms are not included.
Councilmember Stephens agreed the restrooms should be included, even if they are portable
initially. She thanked the private funders and stated she would support the motion.
Councilmember Martinez commended the park design and requested restrooms include an
accessible changing table.
Mayor Troxell stated he would support the motion and discussed the enhancements and
improvements this project will provide.
RESULT: ORDINANCE NO. 058, 2018, ADOPTED ON FIRST READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
NAYS: Cunniff
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
16. Items Related to Income Qualified Assistance Programs. (Adopted)
A. First Reading of Ordinance No. 053, 2018, Amending Chapter 26 of the Code of the City of Fort
Collins to Change the Name of Time-of-Use Electric Rates to Time-of-Day Electric Rates.
B. First Reading of Ordinance No. 054, 2018, Amending Chapter 26 of the Code of the City of Fort
Collins to Adopt Discounts Applicable to Water, Wastewater and Electric Rates, Fees and Charges
Applied Under an Income Qualified Assistance Program.
April 17, 2018
City of Fort Collins Page 228
The purpose of Ordinance No. 053, 2018, is to change the name for the electric service rates that will
go into effect on October 1, 2018, from “time-of-use” to “time-of-day” to better identify how the rates
will be applied to different times during the day.
The purpose of Ordinance No. 054, 2018, is to bring forward an ordinance to implement an Income-
Qualified Assistance Program (IQAP), formerly referred to as the income-qualified rate (IQR). For
qualified customers who “opt-in”, this program will initially provide a 23% discount on specified rate
components for electric, water and wastewater services on a customer’s monthly bill. Utilities will
qualify customers through the Low-income Energy Assistance Program (LEAP), which uses an income
threshold of 165% of the Federal Poverty Level (FPL). The IQAP will have a three-year phased
approach to provide data to City Council that demonstrates reasonable bill affordability and presents
long-term recommendations on participation criteria, including whether a specific level of dwelling
improvements in participants’ homes may (or may not) eliminate the need for payment assistance, or
support removal of participants from the program. The IQAP will be rolled out in October 2018, in
conjunction with time-of-day (TOD) (formerly referred to as “time-of-use” [TOU]) rates for residential
customers, as approved by Council in November 2017.
Eric Sutherland discussed the amount of power coming off the wind grid and the timing of signals
to reduce energy consumption. He questioned why time-of-use rates are not applicable to business
customers.
Alan Braslau, Energy Boardmember, supported this item. He stated it is important to point out
that continual reasonable progressive rate increases are necessary in order to have reasonable
management of an electric system; however, the question of affordability is also important.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 053, 2018, on First Reading.
RESULT: ORDINANCE NO. 053, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 054, 2018, on First Reading.
Councilmember Cunniff commended the work on the item.
Councilmember Stephens thanked fellow Councilmembers and staff for support of this program.
She requested staff input as to roll-out outreach. Lisa Rosintoski, Utilities, replied that a campaign
launch is planned for early May. The transition has already been communicated through the City’s
website, social media, and bill inserts.
Councilmember Martinez asked if the income-qualified assistance program will be managed
through the LEAP program. Rosintoski replied in the affirmative and stated one-on-one assistance
will be provided as needed.
Mayor Pro Tem Horak requested some additional information related to outreach prior to Second
Reading. He encouraged the formation of a “one-stop shop” type program for qualifying
individuals given not all qualified individuals are in LEAP.
April 17, 2018
City of Fort Collins Page 229
RESULT: ORDINANCE NO. 054, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
17. Resolution 2018-037 Authorizing Addendums to Extend the Terms of the Intergovernmental
Agreements Between the City and Poudre School District and the City and Thompson School
District Pertaining to the Land Dedication and In-Lieu Fee Requirements Contained in Such
Agreements. (Adopted)
The purpose of this item is to extend the terms of the Poudre School District and the Thompson School
District Intergovernmental Agreements concerning land dedications or payments in-lieu for school
purposes through December 31, 2018.
Eric Sutherland stated this item postpones amending a 20-year-old problematic agreement and
discussed school funding.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-037.
RESULT: RESOLUTION 2018-037 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• OTHER BUSINESS
Mayor Pro Tem Horak discussed the receipt of the City of Loveland’s support of the lobbying
efforts for I-25 expansion. He requested and received Council support to include I-25 funding in
future budget offers.
Mayor Pro Tem Horak suggested staff examine guidelines for Council agenda placement, conflicts
of interest, et cetera.
Councilmember Cunniff requested a follow-up report on maintenance plans for Art in Public
Places installations.
• ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adjourn to 6:00
PM, Tuesday, April 24, for the purpose of considering electric utility appropriations ordinances
related to broadband and such other business as may come before the Council.
The meeting adjourned at 9:02 PM.
______________________________
ATTEST: Mayor
________________________________
City Clerk
City of Fort Collins Page 230
April 24, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff present: Atteberry, Daggett, Coldiron
1. Items Relating to the Appropriation From Light and Power/Broadband Fund Debt Proceeds and
Other Funds Related to the Broadband Project. (Adopted on First Reading)
This item was originally scheduled for April 17 and was moved to April 24 to allow the Mayor and City
Manager an opportunity to discuss funding for Art in Public Places (APP), timing, and process
concerns with impacted stakeholders. Funding for APP is included in the ordinance below and will be
finalized upon a review of the APP guidelines and process to occur by the end of 2018. Both the
amount borrowed and amount appropriated have been increased to cover the additional funding
requirement.
A. First Reading of Ordinance No. 056, 2018, Appropriating Proceeds from the Issuance of 2018
Electric Utility Enterprise Revenue Bonds for Capital, Operating, Debt Service and Art in Public
Places Expenditures Associated with the Construction of a Broadband System to Provide
Telecommunication Facilities and Services to Customers Within Fort Collins in the Light and
Power Fund and Transferring Appropriations from the Light and power Fund to the Cultural
Services and Facilities Fund for the Art in Public Places Program.
B. First Reading of Ordinance No. 057, 2018, Appropriating Funds from the Light and Power Fund
to Defease the City of Fort Collins, Colorado, Electric Utility Enterprise Taxable Revenue Bonds
Series 2010B.
The purpose of this item is to appropriate (1) bond proceeds for the construction of a municipal
broadband system and (2) Light & Power reserves for the defeasance of outstanding debt. The
issuance and defeasance were authorized by the Electric Utility Enterprise Board Ordinances No. 003
and No. 004, respectively. This agenda item is consistent with Strategic Objective 3.9 from the 2016
Strategic Plan: Encourage the development of reliable, high speed internet services throughout the
community.
Mike Beckstead, Chief Financial Officer, stated this item will appropriate the proceeds from the
Electric Utility Enterprise bond issuance to support the broadband network build-out and will
appropriate funding from Light and Power reserves to defease or pay off the 2010 Light and Power
bonds. This action needs to occur prior to closing on the bonds to support broadband. Beckstead
noted the Electric Enterprise Board has approved the bond issuance and noted $610,000 is included
for Art in Public Places funding; however, that will be adjusted based on any upcoming changes
to the program.
Travis Storin, Accounting Director, noted these Ordinances also include the issuance cost
associated with the bonds and the 2018 interest costs. Storin provided details of the appropriations.
Mary Harnett discussed the ambiguity of the Art in Public Places aspect of this item. She
questioned whether changes to the program will involve public input.
Chris Bates encouraged a public outreach component to any changes in the Art in Public Places
program. He discussed the importance of the arts in Fort Collins.
April 24, 2018
City of Fort Collins Page 231
Jennifer Sterling Beccard commended the importance placed on the arts in Fort Collins. Art
funding is not something that should be cut.
Councilmember Cunniff agreed the Art in Public Places program is important but stated ordinances
have been unclear in this area. He noted the revenue of the Broadband Utility Enterprise is
currently zero, one could argue the correct Art in Public Places number could be zero as well. He
noted this is additional Art in Public Places money and Council intends for this discussion to
involve public outreach. He discussed the question of whether invisible entities, such as
broadband, should have Art in Public Places components. He stated he would support the current
appropriation in order to allow for further discussion.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 056, 2018, on First Reading.
Councilmember Martinez asked when the public outreach process will be laid out. Deputy City
Manager Mihelich replied the staff recommendation is to have the first work session with Council
on July 24; however, staff intends to first meet with the Cultural Resources Board and acquire
feedback from the arts community with a specific engagement plan.
Councilmember Stephens stated she is the liaison to the Art in Public Places Board and encouraged
a robust communitywide conversation.
Councilmember Cunniff commended the work done to this point.
Councilmember Martinez stated the Art in Public Places Board serves an important role in the
community.
Mayor Troxell stated he would support the motion and encouraged a focus on iconic art pieces and
a view of the Art in Public Places program on a more impactful way than it has been to date.
RESULT: ORDINANCE NO. 056, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 057, 2018, on First Reading.
RESULT: ORDINANCE NO. 057, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
April 24, 2018
City of Fort Collins Page 232
• OTHER BUSINESS
Councilmember Overbeck expressed concern about a Legislative Review Committee meeting
cancellation as the state legislature adjourns May 9. He asked if it would be possible to meet on
April 30 or May 7, prior to the adjournment of the legislature.
Councilmember Summers noted most of the work is taking place on the floor of the House at this
point in the legislative session. He suggested staff keep Council informed of any high-priority
issues and bills. Deputy City Manager Mihelich stated staff will provide a detailed update of the
current legislative session and pending bills.
Councilmember Overbeck stated the Committee would be neglectful if it did not meet prior to the
adjournment, citing Senate Bill 264.
Councilmember Martinez supported waiting until after the staff update is provided.
Ginny Sawyer, Senior Project Manager, stated a detailed report will be provided Thursday and
staff is relying heavily on the Council-adopted Legislative Policy Agenda to look for support or
oppose statements in that document.
Tyler Marr, Project Manager, stated lobbyists have been provided comments from the Policy
Agenda on a couple bills, including items related to open records pertaining to internal affairs
investigations at the police department, oil and gas setbacks for school properties, and license
revocation for unpaid traffic fees.
Councilmember Overbeck expressed disappointment the Committee will not be meeting.
Councilmember Cunniff stated he would be glad to participate as the alternate Committee member.
He requested information as to why the April 30 meeting was cancelled. Deputy City Manager
Mihelich replied it was discussed by the Committee and the minutes reflect a cancellation was
discussed.
Mayor Troxell noted the Colorado Municipal League provides regular information on the
legislature.
Councilmember Summers stated the Committee could meet; however, the Policy Agenda provides
direction and no new bills are being introduced at this time.
• ADJOURNMENT
The meeting adjourned at 6:36 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk