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Item # 1 Page 1
AGENDA ITEM SUMMARY February 6, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the December 19, 2017, January 2 and January 16, 2018 City
Council Regular Meetings and the December 27, 2017 Council Special Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the December 17, 2017, January 2 and January 16,
2018 Council Regular Meetings and the December 27, 2017 Special Meeting.
ATTACHMENTS
1. December 19, 2017 (PDF)
2. December 27, 2017 (PDF)
3. January 2, 2018 (PDF)
4. January 16, 2018 (PDF)
City of Fort Collins Page 104
December 19, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Summers
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry recommended Item No. 19, Resolution 2017-113 Approving a Collective
Bargaining Agreement with Northern Colorado Lodge #3 of the Fraternal Order of Police, be
pulled given the significant number of changes that have occurred.
Councilmember Martinez withdrew Item No. 19, Resolution 2017-113 Approving a Collective
Bargaining Agreement with Northern Colorado Lodge #3 of the Fraternal Order of Police, from
the Consent Agenda.
• CITIZEN PARTICIPATION
Elizabeth Hudetz discussed the survey she recently completed regarding plugged and abandoned
wells. She cited a study which showed negative health impacts for individuals living within a 10-
mile radius of fracking wells.
Brett Bovee, Water Board Chair, stated the Board is dedicating a set of work sessions to topics
that represent water issues facing the City. Topics include NISP and the future of irrigations canals
and ditches within the GMA.
Robert Bradley discussed the lack of bicycle regulation and patrol and issues with buses.
Collin Garfield, Fort Collins Citizens Broadband Committee, discussed the repealing of net
neutrality.
Thomas Edwards discussed the new electric rates and stated his home is all electric.
William Montgomery played a recording related to the 2015 Occupy Jefferson movement and
stated police officers are systematically lying.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Overbeck requested staff feedback regarding Ms. Hudetz’ comments and asked
if there will be collaboration with the Natural Resources Advisory Board relating to the Water
Board memo.
December 19, 2017
City of Fort Collins Page 105
Councilmember Martinez requested staff follow-up regarding Mr. Bradley’s comments and
requested staff contact Mr. Edwards regarding his concerns.
• CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Stephens
1. Consideration and Approval of the Minutes of the November 21, 2017 Regular Council Meeting
and the November 28, 2017 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the November 21, 2017 Regular Council
meeting and the November 28, 2017 Adjourned Council meeting.
2. Second Reading of Ordinance No. 166, 2017, Appropriating Prior Year Reserves in the General
Fund to Reimburse Woodward, Inc. for Development Fees and Use Tax. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 5, 2017, appropriates $42,614
of prior year reserves for a rebate to Woodward, Inc. for use tax under an agreement that City Council
approved on April 2, 2013 (Ordinance No. 055, 2013). The agreement provides business investment
assistance for the relocation of Woodward’s headquarters, as well as an expansion of its
manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay
Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City.
The Ordinance has been revised between First and Second Reading to add a new recital. The new
recital has been added to further clarify the Council’s findings for the public purposes of this
appropriation.
3. Second Reading of Ordinance No. 167, 2017, Amending Section 2-568(c)(2) of the Code of the
City of Fort Collins Pertaining to Rules of Conduct Applicable to Councilmember Conduct.
(Adopted)
This Ordinance, unanimously adopted on First Reading on December 5, 2017, amends Section 2-
568(c)(2) of the City Code to add clarifying language that limits Councilmember interaction with City
officers and employees regarding matters for which a conflict of interest has been declared.
4. Second Reading of Ordinance No. 168, 2017, Amending Chapter 26, Articles VI and VII of the
Code of the City of Fort Collins to Correct Errors in How Certain Utility Fees Formulae are
Expressed Related to Electric Utility Development Fees and Single-Family Residential
Stormwater Utility Fees. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 5, 2017, corrects two formulas
relating to development charges and monthly fees for the Light and Power and Stormwater utilities.
The first correction fixes an omission in the calculation of kilo-watt demand for electric capacity
charges. The second correction fixes a typo in a formula used to calculate single family residential
monthly stormwater fees. These changes make City Code consistent with the original intent of the
formulas and reflect how the fees have been calculated and billed since their adoption.
December 19, 2017
City of Fort Collins Page 106
5. Second Reading of Ordinance No. 169, 2017, Authorizing the Use of the Non-Development
Lease with the Colorado State Board of Land Commissioners as Match for a Neotropical
Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service.
(Adopted)
This Ordinance, unanimously adopted on First Reading on December 5, 2017, places a Notice of
Grant Agreement on the 3,873 acres of land within Soapstone Prairie Natural Area subject to a Non-
Development Lease with the Colorado State Board of Land Commissioners. The grant will expand
upon Bird Conservancy of the Rocky' s (BCR) research and monitoring work on Soapstone Prairie and
Meadow Springs Ranch to implement conservation strategies and management for 19 high priority
grassland birds that breed within the Laramie Foothills Mountains to Plains Project and 28 high priority
species at wintering sites in the Chihuahua Desert of Mexico.
6. Second Reading of Ordinance No. 170, 2017, Authorizing the Use of the Evans Tract as Match
for a Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and
Wildlife Service. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 5, 2017, places a Notice of
Grant Agreement on the 240-acre Evans Tract purchased in 2015 as part of Soapstone Prairie Natural
Area. The grant will expand upon Bird Conservancy of the Rocky’s (BCR) research and monitoring
work on Soapstone Prairie and Meadow Springs Ranch to implement conservation strategies and
management for 19 high priority grassland birds that breed within the Laramie Foothills Mountains to
Plains Project and 28 high priority species at wintering sites in the Chihuahua Desert of Mexico.
7. Second Reading of Ordinance No. 171, 2017, Amending Chapter 1 and Other Related
Provisions of the Code of the City of Fort Collins to Create a Petty Offense Classification and
Penalties for Petty Offense Violations. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 5, 2017, creates a petty offense
category within the City Code and classifies a violation of the City's smoking ordinance as a petty
offense. Some errors were discovered in the First Reading Agenda Item Summary and an amended
version has been provided as part of the agenda materials.
8. Second Reading of Ordinance No. 172, 2017, Amending Article III of Chapter 12 of the Code of
the City of Fort Collins Regarding Smoking in Public Areas. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 5, 2017, amends the downtown
smoking ordinance to designate a violation of the ordinance as a petty offense and to clarify that the
Downtown Smoke-Free Zone does not apply to any person smoking in a privately-owned residence;
entirely within an enclosed privately-owned motor vehicle, or in a retail tobacco business.
9. Items Relating to the Fort Collins Traffic Code. (Adopted)
A. First Reading of Ordinance No. 173, 2017, Amending Various Sections of the Fort Collins Traffic
Code.
B. First Reading of Ordinance No. 174, 2017, Amending Various Sections of Part 21 of the Fort
Collins Traffic Code Regulating Bicycles.
The purpose of this item is to ensure that the Fort Collins Traffic Code (the Traffic Code) is consistent
with Colorado traffic laws.
10. First Reading of Ordinance No. 175, 2017, Deleting Chapter 12, Article VIII from the Code of the
City of Fort Collins Regarding Hydraulic Fracturing. (Adopted)
The purpose of this item is to remove references to a prohibition on oil and gas related activities from
Chapter 12, Article VIII of the City Code. This is an administrative clean-up item reflecting the 2016
December 19, 2017
City of Fort Collins Page 107
Colorado Supreme Court decision that struck down the City’s hydraulic fracturing moratorium because
state law preempted it.
11. First Reading of Ordinance No. 176, 2018, Declaring Certain City-Owned Property Consisting
of a Portion of Tract A, Prospect Industrial Park Currently Owned by the City of Fort Collins
Utilities’ Wastewater Utility Enterprise as Road Right-of-Way for the Proposed Sharp Point
Drive Extension. (Adopted)
The purpose of this item is to declare approximately 1.4 acres of Tract A owned by the City Utilities’
Wastewater Utility Enterprise as right-of-way for the construction of Sharp Point Drive between Nancy
Gray Avenue and Midpoint Drive. Tract A is a 1.9-acre parcel which was originally platted as a public
access and loading easement in the 1970s as part of the Prospect Industrial Park. The Sharp Point
Drive connection was shown on the City’s Master Street Plan in 1998. The platted easement merged
into fee property upon acquisition by the Wastewater Utility Enterprise in 2002.
12. First Reading of Ordinance No. 177, 2017 Amending the Zoning Map of the City of Fort Collins
by Changing the Zoning Classification for That Certain Property Known as Spring Creek
Rezoning REZI170001. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2017-017.
The purpose of this item is to amend the City’s Zoning Map to adjust the location, size and boundary
between two zone districts within a 19.55 parcel located at the southeast corner of South Shields
Street and Hobbit Street. The result of the shift is that the Neighborhood Commercial (N-C) zone is
shifted south and reduced by 2.88 acres while the Medium Density Mixed-Use Neighborhood (M-M-
N) zone is shifted north and gains a corresponding amount of land area. As proposed, the N-C zone
would be reduced to 6.42 acres and the M-M-N zone would be enlarged to 13.13 acres.
This rezoning of less than 640 acres is subject to the criteria included in Section 2.9.4 of the Land Use
Code and subject to certain conditions in Section 2.9.4(H). Such a zoning may be approved, approved
with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning
Board, which voted (6-0) to recommend the rezoning with six conditions. The six conditions have been
agreed upon by the applicant and neighbors from the surrounding residential neighborhood (including
the Sheeley and Wallenberg neighborhoods), as well as consultation with staff.
13. Resolution 2017-107 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Water Treatment Facility Annexation No. 1. (Adopted)
The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility
Annexation No. 1. This is a voluntary annexation. The City of Fort Collins is the applicant and has
submitted a written petition requesting four sequential annexations. Water Treatment Facility
Annexation No. 1 is the first Resolution of this series of four sequential annexations, and totals 0.101
acres of Laporte Avenue which establishes 1/6 perimeter boundary contiguity with the existing
municipal boundaries to the east.
The Water Treatment Facility Annexations form a flagpole-shaped annexation starting slightly east of
the intersection of Sunset Street and Laporte Avenue and ending at 4316 Laporte Avenue. A City
water treatment facility is located at 4316 LaPorte Avenue. The requested zoning for this series of
annexations is Urban Estate (UE) and Residential Foothills (RF) which is in compliance with the City
of Fort Collins Structure Plan and the Northwest Subarea Plan. Notice to parcels abutting platted
streets was provided pursuant to §31-12-105, C.R.S.
December 19, 2017
City of Fort Collins Page 108
14. Resolution 2017-108 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Water Treatment Facility Annexation No. 2. (Adopted)
The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility
Annexation No. 2. This is a voluntary annexation. The City of Fort Collins is the applicant and has
submitted a written petition requesting four sequential annexations. Water Treatment Facility
Annexation No. 2 is the second Resolution of this series of four sequential annexations, and totals
0.380 acres of Laporte Avenue which establishes 1/6 perimeter boundary contiguity with the Water
Treatment Facility Annexation No. 1.
The Water Treatment Facility Annexations form a flagpole-shaped annexation starting slightly east of
the intersection of Sunset Street and Laporte Avenue and ending at 4316 Laporte Avenue. A City
water treatment facility is located at 4316 Laporte Avenue. The requested zoning for this series of
annexations is Urban Estate (UE) and Residential Foothills (RF) which is in compliance with the City
of Fort Collins Structure Plan and the Northwest Subarea Plan. Notice to parcels abutting platted
streets was provided pursuant to §31-12-105, C.R.S.
15. Resolution 2017-109 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Water Treatment Facility Annexation No. 3. (Adopted)
The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility
Annexation No. 3. This is a voluntary annexation. The City of Fort Collins is the applicant and has
submitted a written petition requesting four sequential annexations. Water Treatment Facility
Annexation No. 3 is the third Resolution of this series of four sequential annexations, and totals 1.182
acres of Laporte Avenue which establishes 1/6 perimeter boundary contiguity with the Water
Treatment Facility Annexation No. 2.
The Water Treatment Facility Annexations forming a flagpole-shaped annexation starting slightly east
of the intersection of Sunset Street and Laporte Avenue and ends at 4316 Laporte Avenue. A City
water treatment facility is located at 4316 Laporte Avenue. The requested zoning for this series of
annexations is Urban Estate (UE) and Residential Foothills (RF) which is in compliance with the City
of Fort Collins Structure Plan and the Northwest Subarea Plan. Notice to parcels abutting platted
streets was provided pursuant to §31-12-105, C.R.S.
16. Resolution 2017-110 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Water Treatment Facility Annexation No. 4. (Adopted)
The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility
Annexation No. 4. This is a voluntary annexation. The City of Fort Collins is the applicant and has
submitted a written petition requesting four sequential annexations. Water Treatment Facility
Annexation No. 4 is the fourth and final Resolution of this series of sequential annexations, and totals
102.825 acres which establishes 1/6 perimeter boundary contiguity with the Water Treatment Facility
Annexation No. 3. Unlike Water Treatment Facility Annexations No. 1, 2 and 3, the No.4 annexation
lies in large part outside the boundary of the Growth Management Area.
The Water Treatment Facility Annexations forming a flagpole-shaped annexation starting at the
intersection of Sunset Street and Laporte Avenue and ends at 4316 Laporte Avenue. A City water
treatment facility is located at 4316 Laporte Avenue. The requested zoning for this series of
annexations is Urban Estate (UE) and Residential Foothills (RF) which is in compliance with the Fort
Collins City Plan Structure Plan Map and the Northwest Subarea Plan designations. Notice to parcels
abutting platted streets was provided pursuant to §31-12-105, C.R.S.
December 19, 2017
City of Fort Collins Page 109
17. Resolution 2017-111 Authorizing the Execution of an Intergovernmental Agreement Between
the City and the Colorado Department of Transportation for the Maintenance of Traffic Signals,
Signs, and Markings Within the Fort Collins Growth Management Area. (Adopted)
The purpose of this item is to approve an intergovernmental agreement between the City and Colorado
Department of Transportation (CDOT) for the City to maintain traffic control devices (signals, signs,
and markings) on state highways within the City’s Growth Management Area. Historically, these IGAs
have been for 5-year terms; however, the current IGA expired in June 2017 and City has still been
performing the maintenance services. CDOT is working on an updated long-term IGA, but it will not
be ready until next year. This IGA, set to expire in June 2018, covers the interim period and allows
City to be reimbursed for maintaining traffic control devices during CDOT’s 2018 fiscal year in the
amount of $235,920. This IGA reflects updated costs from the previous agreement.
18. Resolution 2017-112 Adopting the 2017 Update to the Three-Mile Plan for the City of Fort
Collins. (Adopted)
The purpose of this item is to adopt the 2017 update to the Three-Mile Plan for the City of Fort Collins.
This Plan is a policy document for the coordination and provision of services for potential annexations.
The Plan describes the general location, character, utilities, and infrastructure for areas within three
miles of the municipal boundary. Annual updates of the Three-Mile Plan are required by state statutes.
19. Resolution 2017-114 Naming the Lounge at the Fort Collins Senior Center after Former Mayor
and Councilmember Ann Azari. (Adopted)
The purpose of this item is to name the lounge at the Senior Center the “Ann Azari Lounge” in honor
of former mayor Ann Azari. Ann was a devoted public servant in the Fort Collins community who served
ten years on City Council and as Mayor.
20. Resolution 2017-115 Making Appointments to Various Boards, Commissions, and Authorities
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,
commissions, and authorities due to resignations of board members and vacancies to be created upon
the expiration of terms of current members. Applications were solicited during September, October,
and November. Council teams interviewed applicants during November and December. This
Resolution appoints individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies
will be advertised as needed.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
• COUNCILMEMBER REPORTS
Councilmember Overbeck reported on attending a memorandum of understanding workshop
dealing with oil and gas and on attending the Nutcracker ballet.
Councilmember Stephens reported on the lighting of the menorah in Old Town.
Mayor Troxell discussed the proclamation honoring former Mayor Ann Azari.
December 19, 2017
City of Fort Collins Page 110
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
21. Resolution 2017-113 Approving a Collective Bargaining Agreement with Northern Colorado
Lodge #3 of the Fraternal Order of Police. (Postponed Indefinitely)
The purpose of this item is to approve a collective bargaining agreement between the City and the
Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP) and authorize execution of
such agreement. The City and the FOP, using an Interest Based Bargaining (IBB) approach, engaged
in negotiations regarding the terms and conditions of possible bargaining agreement for 2018 and
2019. In lieu of reaching tentative agreement, the FOP agreed to present the City’s final and best offer
to their membership for vote on December 14, 2017. If the agreement is not ratified by their
membership, this item will be withdrawn from City Council consideration.
City Manager Atteberry stated the City continues to be committed to the following priorities:
fostering and preserving public trust and ensuring community safety, consistency and equity of
policies and benefits as compared to other City employees while recognizing the unique
characteristics of police work, maintaining market competitiveness with other front range policing
agencies, preserving the authority of the City Council to make final decisions on contract terms,
and providing good stewardship of community resources.
Kelly DiMartino, Assistant City Manager, provided an overview of the negotiation process to this
point and stated the City approaches bargaining from an interest-based process. In November, the
Fraternal Order of Police (FOP) claimed the negotiations were at an impasse and opted not to ratify
the agreement put forth by the City at that time. The three main topics discussed were: retirement,
retiree health, and compensation.
DiMartino outlined the 12 jurisdictions mutually agreed upon to represent benchmark
comparisons. Using that data, the City perspective is that it is at market level for compensation
and retirement benefits and is below market for retiree health; therefore, the City felt that was the
main area of focus. She noted some of the benchmark cities with higher retiree health benefits
also have lower compensation.
DiMartino outlined the proposal requested by the FOP for a defined health benefit and stated the
long-term liability makes that proposal one that the City cannot consider. Ten of the 12 benchmark
cities do offer some type of retiree health coverage; Fort Collins discontinued this practice in 2010
given the long-term liability for the City. The City’s alternate proposal is to make an increased
contribution to a retirement health savings account and add a one-time stipend, which would
decrease as time goes on given the retirement HSA contributions would increase.
DiMartino discussed the differences in retirement contributions between bargaining unit members
and other City employees, noting other City employees pay into Social Security, unlike bargaining
unit members. In terms of compensation, bargaining unit members receive an annual increase
based on the benchmark cities. A request for conflict resolution came forth from the FOP in
November. In 2005, a court order stated all powers of the City and the determination of policy
matters are vested in the City Council, per City Charter.
DiMartino stated the two entities have a joint interest in ensuring this agency continues to be
attractive for hiring, retaining, and developing a high-performing workforce. She presented data
related to application and retention numbers. The City sent a one-year proposed contract with the
provision that issues will continue to be explored. That offer was declined, and the FOP returned
December 19, 2017
City of Fort Collins Page 111
stating two of the following three things needed to happen before a proposal would be taken back:
either a conflict resolution plan, allowing retirees to stay on City insurance, or increasing
contributions to 401/457 plans to 13% over 11.5%. The City stated it could not make movement
on any of those issues without input from Council. Should an agreement not be reached, a contract
will not be in place as of January 1; however, employees and bargaining members cannot withhold
work without a contract. Staff is recommending the City voluntarily extend the terms for current
retirement and health benefits and provide the 2018 compensation increases under the existing
formula if an agreement is not reached.
Chris Renn, FOP Vice President, stated this is an unfortunate situation and discussed the
benchmark statistics. He stated Fort Collins is below other benchmark cities when a defined
benefit is taken out of the equation.
Mike Crossland discussed the lack of Social Security benefits for bargaining unit members and
stated that income is guaranteed for other City employees. He stated a pension plan is a reasonable
request and the City will not discuss the option.
Alan Heaton discussed the challenges and dangers of police work and stated officers are highly
trained, well-equipped, professional, and are tasked with the difficult job of protecting citizens.
Ken Robinson stated he has been a member of the FOP for 20 years and compensation packages
for Fort Collins have decreased compared to the benchmark cities throughout that time. He
discussed retirement costs and stated income and benefits have not kept up with increased costs of
living.
Gil Crohn stated he is a recently retired officer and discussed the challenges and dangers of police
work.
Carly Garner thanked staff for meeting with FOP members and stated the decreasing ability to
attract quality police applicants weakens the ability of the department to serve the community. She
stated the lack of movement in negotiations has been frustrating and she does not agree the
information has been appropriately interpreted. She also expressed frustration with the willingness
of only one Councilmember to meet with FOP members.
Rob Knabb discussed the challenges and dangers of police work and stated he is disappointed with
the City’s leadership. He questioned why only two Councilmember responded to an email from
the FOP.
Austin Vigil discussed the challenges and dangers of police work and stated the life expectancy of
male police officers is 10 years lower than males in other occupations. He stated officers are
willing to die to protect citizens and they are asking to be treated fairly.
Thomas Cohen discussed the importance of retiree health benefits and noted 10 of the 12
benchmark cities provide those benefits. He stated the stipend does not make health insurance
affordable and officers need the ability to purchase coverage from the City after retirement.
Dawn Johnson stated her husband, a police officer, died when he was 63 and discussed the
challenges and dangers of police work. She stated officers should be able to retire when they are
physically ready rather than having to keep working to pay for insurance.
December 19, 2017
City of Fort Collins Page 112
Mike Langley stated police service in Fort Collins is well above average, nationally and on the
front range. He stated fair compensation is needed if Fort Collins wants to attract world class
officers and requested the inclusion of retiree health care.
Heather West stated she is a former police officer and discussed her husband’s decision to keep
working for the City in order to keep benefits. She stated compensation and benefits for officers
should be above average and officers should be able to retire when they need to.
Melissa Vigil discussed the possibility of an older officer having to respond to certain situations
and stated the City should uphold its promise to be a good steward of its resources, officers
included.
Rob Pride, Colorado Lodge Fraternal Order of Police President and Loveland officer, stated
Loveland passed a compensation and retirement package much greater than has been shared with
Council. Tenured officers are seeking out positions in Loveland because of their retirement
package.
Spence Alford stated he is over 55 and is still employed as an officer. He discussed the challenges
and dangers of police work and questioned how these issues can be resolved when agreement
cannot be reached. He suggested conflict resolution should be an option.
Mayor Troxell thanked the speakers for their personal stories and for their commitment to and
sacrifice for the community.
Councilmember Cunniff thanked the speakers for their service and sacrifice and stated Council
must arrive at a compensation package which is fair for both police and citizens. He expressed
concern about exposing the City to the liability of a defined benefit package, particularly given
those pension plans are going bankrupt across the nation. He stated Council’s direction to staff
was not to reach an impasse and stated talks can still occur and an agreement can still be reached.
Councilmember Stephens thanked the speakers and stated Council does care about the officers and
their service. She agreed with Councilmember Cunniff regarding the liability of a defined benefit
package. She stated she hopes discussions can keep going to resolve the impasse. She stated she
did not respond to the FOP email as she was uncomfortable doing so while negotiations were still
ongoing. She apologized for not stating that as a response.
Councilmember Martinez asked if CSU, Timnath and other cities offer pension plans. DiMartino
replied she was unsure as none of those are benchmark cities; however, she would research the
issue.
Councilmember Martinez asked why Fort Collins does not provide retiree medical as do 10 of the
12 benchmark cities. DiMartino replied the City opted to eliminate that benefit in 2010 due to the
financial liability for the City. It would likely cost the City $5 to $7 million over the next 5 years
to provide that benefit.
Councilmember Martinez asked if the statistics described about the high performance of the police
force are accurate. DiMartino replied in the affirmative. City Manager Atteberry stated
performance has never been a question and the force has always been considered top notch.
December 19, 2017
City of Fort Collins Page 113
Councilmember Martinez asked about the number of applicants decreasing over time. Deputy
Chief Greg Yeager replied applicant numbers vary over the years, somewhat based on the
economy.
Councilmember Martinez stated he is not at an impasse and does not believe the City should be
either. He stated some type of compromise needs to be found and the divide is not good for the
community.
Councilmember Overbeck thanked the speakers and stated, though he has met with the FOP in the
past, he did not believe it was appropriate for him to intervene and respond to their email during
the negotiations.
Mayor Pro Tem Horak stated he also did not believe Council should be involved during
negotiations. He stated he does not understand the logic that officers are not being treated fairly
because they don’t receive Social Security as that benefit would likely be less than their plans. He
stated he would like to see additional discussions and noted this agreement needs to be equitable
for other City employees as well.
Mayor Troxell stated he is bothered by the “us versus them” perspective and stated Council
respects and cares for all employees. He suggested the best option is to approve a contract for a
year and continue discussions. All parties involved deserve a fair and equitable agreement. He
asked about the next steps moving forward. City Manager Atteberry replied there is currently no
agreement and therefore, currently no contract. As Council clearly does not want to see an
impasse, further discussions need to occur.
City Attorney Daggett noted the agreement for Council consideration is for two years and this
would need to be modified if a one-year agreement is desired.
City Manager Atteberry stated the formation of an exploratory committee to discuss the costs of a
defined program has been considered and with or without a contract, moving forward with 2018
pay adjustments is the fair thing to do.
Councilmember Cunniff stated postponement makes sense and supported moving forward with
2018 salary adjustments.
Councilmember Martinez asked if discussion efforts continue if this item is postponed. City
Manager Atteberry replied that should be the case given Council’s desire to not be at an impasse.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone
Resolution 2017-113 indefinitely.
Councilmember Martinez stated he would support the motion, however, there must be some
movement on negotiations.
Councilmember Cunniff asked if representatives from both parties meet regularly. Yeager replied
a labor management meeting occurs between the FOP representatives and the executive staff.
Recently, human resources personnel and DiMartino have been involved.
Councilmember Cunniff suggested a more regular meeting schedule regardless of the status of
negotiations in order to keep lines of communication open.
December 19, 2017
City of Fort Collins Page 114
RESULT: RESOLUTION 2017-113 POSTPONED INDEFINITELY [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Summers
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to direct the City
Manager to implement the Police 2018 projected raises and to continue to reach out to the FOP to
continue negotiations on the following three items: retirement contribution, retiree medical
coverage, and conflict resolution.
Mayor Pro Tem Horak stated negotiations should begin as soon as possible and noted Council
would be willing to hold a special meeting if necessary.
Mayor Troxell encouraged discussions and that an agreement occur post haste. He stated the
parties need to work together collaboratively.
The vote on the motion was as follows: Yeas: Horak, Troxell, Martinez, Stephens, Cunniff and
Overbeck. Nays: none.
THE MOTION CARRIED.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
• DISCUSSION ITEMS
22. Consideration of the Long Pond Wireless Telecommunications Facility Addition of Permitted
Use Request. (Adopted on First Reading)
A. Public Hearing and First Reading of Ordinance No. 136, 2017, Approving the Addition of Permitted
Use Associated with the Long Pond Wireless Telecommunications Facility Project Development
Plan #160018.
OR
B. Public Hearing and First Reading of Ordinance No. 137, 2017, Denying the Addition of Permitted
Use Associated with the Long Pond Wireless Telecommunications Facility Project Development
Plan #160018.
The purpose of this item is to decide whether to approve, approve with conditions, or deny the Long
Pond Wireless Telecommunications Addition of Permitted Use request (APU) being made in
conjunction with PDP160018. The APU would allow the addition of wireless telecommunication
facilities as a permitted use on a parcel of land located in the Low Density Mixed-Use Neighborhood
(LMN) zone district. Wireless telecommunication facilities are not a permitted use in the LMN.
PDP160018 proposes a 60-foot tall wireless telecommunications facility disguised as a silo at 2008
Turnberry Road.
Mayor Troxell introduced the item and outlined Council’s role.
December 19, 2017
City of Fort Collins Page 115
City Attorney Daggett outlined the procedure to be followed for this item and noted Council will
make a final decision on the Addition of Permitted Use.
Cameron Gloss, Planning Manager, stated additional requested information regarding compliance
with the Federal Telecommunications Act and coverage in the vicinity of the project site has been
provided in Council’s packet.
Clay Frickey, City Planner, stated this proposal involves a 60-foot tall wireless
telecommunications facility, disguised as a silo, at 2008 Turnberry Road. The site is in the low-
density, mixed-use zone district wherein wireless telecommunications facilities are not an allowed
use by default; therefore, the applicant must seek an addition of permitted use (APU). If Council
approves the APU, the applicant must still complete the final plan process and submit for building
permits prior to constructing the tower.
Frickey discussed the Federal Telecommunications Act of 1996 which states that cities must
permit cell towers within their jurisdiction and may use zoning to control the location and design
of the facilities; however, cities may not consider environmental or health impacts as part of these
applications.
Frickey showed the coverage map for the area and stated much of the area has poor coverage. He
detailed each criterion and associated staff recommendations for the addition of permitted use.
The staff recommends approval of the proposal and addition of permitted use with the condition
that the silo height be lowered to 45 feet to be more compatible with other silos in the area and
located closer to the other outbuildings to look more congruent with the site.
Christian Hendrickson, Sherman and Howard, stated more facilities are required to serve residents
as the city expands and discussed the importance of cell service for emergency calls. He stated his
firm is of the opinion the Federal Telecommunications Act mandates approval of a facility like
this where a substantial gap in coverage has been shown and the proposed site is the least intrusive
means of filling that gap.
Ken Bradtke, Atlas Tower Director of Operations, stated Atlas Tower owns, operates, and
maintains telecommunications towers and facilities and leases space on those facilities to carriers.
He reviewed the coverage map indicating a need in this area and discussed the need for service for
emergency reasons, noting a man in this neighborhood suffered a stroke and passed away as
neighbors could not reach 911 on their cell phones. He discussed efforts to approach other
property owners in the area, the Fort Collins Country Club and Anheuser-Busch, to no avail. He
showed photos of other towers in town and discussed the benefits of a taller tower.
Don Eason opposed the proposal and stated the tower will dominate the skyline. He argued
renderings presented by Atlas were incorrect.
Doyle Thornton supported the proposal citing the importance of life, health, and safety issues. He
stated he must drive out of his neighborhood to get good cell service and supported a taller tower
to provide better service.
Virginia Farver opposed the proposal and stated she is working with several groups fighting the
FCC concerning the 1996 Telecommunications Act. She discussed health impacts caused by cell
tower radiation and stated this tower is too close to residential areas.
December 19, 2017
City of Fort Collins Page 116
Kevin Forbes stated his parents own the property on which the tower is proposed. He stated false
rumors about the technology have been spread among neighbors and expressed support for the
project.
Shelton Base supported the proposal and discussed his neighbor who died as a result of not being
able to call out. He presented a petition with 75 signatures in support of the project.
Jessica MacMillan stated cell service in the area has continued to deteriorate and suggested 7 or 8
towers are probably needed. She stated the design is appropriate for the property.
Tanja Andreas stated she is the nearest neighbor to the project and opposed the proposal. She
acknowledged cell service is a problem in the area; however, that is not the issue. The silo would
loom over her property and has researched likely property value decreases.
Katie McGerr supported the project and expressed concern about safety issues related to the lack
of cell coverage.
Jim Miles supported the project and stated there is no substantive evidence this installation will
decrease property values. There is a responsibility to serve the homes in the area.
Meredith Jordan supported the project citing safety concerns. The proposal fits in aesthetically
with the area.
Ted Wolfe opposed the project and stated he gets fine cell service with Verizon at his home in the
area. This tower is larger than normal silos and cellular service should not be used as a primary
phone system.
Kurt Shriver stated he has been a real estate broker for 41 years and buyers have not been afraid
to purchase properties near cell towers. The modern homebuyer is looking for high-speed internet
and good cell service.
Debbie Cory stated Atlas has not responded to questions regarding who they contacted at
Anheuser-Busch. She stated Sprint already has a tower at the brewery and suggested the applicant
may not be able to be trusted in stating it did its due diligence.
Joanne Harms supported the project and stated she runs a telephone support service for veterans
and her cell phone has never worked for that purpose. Aesthetic concerns pale in comparison to
health and safety issues.
Marsha Lowsley stated the federal government put a gag order on citizens with the
Telecommunications Act of 1996. She discussed health issues from cell towers in other countries.
Donna Onsvack discussed the need for cell service in the area, citing an issue with a neighbor’s
home that caught on fire. She requested Council not be short-sighted in meeting the needs of
existing and new developments.
Eric Espedal supported the project citing safety concerns and the desire for the service in the area.
A neighbor put out a survey on Nexdoor and, of the 270 respondents, 88% were in favor of the
project.
December 19, 2017
City of Fort Collins Page 117
Julie Koerner opposed the project and stated she would not have purchased her home in Storybook
if she had known a 60-foot tower was proposed. She noted the City does not allow towers on its
properties in order to uphold community values and investments in such land.
John Koerner showed renditions of what he stated this tower would actually look like. The size
of the silo is not appropriate.
Nancy Eason opposed the project and stated Atlas’ efforts to work with Anheuser-Busch were
insufficient. Locating the tower on a higher site would provide more coverage and questioned
why City lands cannot be considered. She also questioned if the Telecommunications Act applies
if Verizon is not a co-applicant.
Steve Surowiec supported the project citing safety concerns and the need for first responders to be
able to use cell phones in the case of an emergency. He supported the 60-foot height given the
proposed new development in the area.
Jenny Forbes, owner of the property on which the tower is proposed, stated the tower is proposed
to be behind the large barn, not behind their home. A tower at Anheuser-Busch may not be
beneficial to certain areas.
Hunter Harms supported the project citing safety concerns for the lake community.
Travis Griffin, Senior Manager of RF Design for Verizon Wireless, stated the Anheuser-Busch
property is almost 2 miles away from this location and locating the tower there could actually
degrade service in the area. Cell sites have finite capacities and keeping up with growth is a
challenge; this site is needed to serve the growing area.
Mr. Hendrickson clarified that Verizon has been in close communication with both Atlas and the
City and is being considered a co-applicant for the project.
Councilmember Stephens asked why City land cannot be considered for this project. Frickey
replied there is an administrative policy in place indicating the City will no longer entertain new
cell phone tower leases.
Councilmember Martinez requested a photo of the exact location of the tower on the property.
Frickey showed the proposed site plan and explained the location of the tower. Ms. Forbes had
stated she was told the tower would be north of the barn, not behind the long barn. Frickey noted
Council is to consider the location behind the long barn, not the barn to the north. Mr. Bradtke
had stated the original proposed location was behind the long barn and the request from staff is to
move it behind the north barn, which the applicant is not opposed to doing.
Councilmember Martinez asked if the applicant would accept a 45-foot height. Mr. Bradtke
replied they would accept 45-feet but are requesting 60-feet in order to increase coverage to the
southwest.
Councilmember Overbeck asked if the height of the tower dictates the wind speeds it can handle.
Mr. Bradtke replied in the negative and stated wind shear is considered for all tower construction.
He stated he was unsure what wind speeds a 60-foot silo could handle.
December 19, 2017
City of Fort Collins Page 118
Mike Powers, Atlas Tower, stated he has reviewed engineering requirements for towers in various
conditions and they are built to withstand incredible forces for each specific location.
Bob Newman, Center for Municipal Solutions, stated he is a registered structural engineer and
noted the 2012 IBC will dictate tower design for wind speed and ice loading.
Councilmember Overbeck asked what would render the tower obsolete and therefore eligible for
deconstruction. Mr. Bradtke replied the tower would become obsolete if the government outlawed
the use of cell towers. Atlas will remove the tower if it is rendered useless.
Councilmember Overbeck asked Ms. Koerner to clarify her comments related to the Montava
neighborhood meeting. Ms. Koerner replied the Montava development is a large development
proposal west of Anheuser-Busch and the person running the neighborhood meeting from Montava
said they would be interested in a cell tower lease.
Max Moss, representative from Montava, stated he has offered the option to discuss opportunities
in order to solve the problem; however, he never stated he wanted a cell tower lease.
Councilmember Cunniff asked what the range of tower heights is in the Fort Collins area. Mr.
Bradtke replied they range from 25-feet up to 150-feet in more rural areas.
Councilmember Cunniff asked what would occur with this lease if the property is sold and
subdivided. Frickey replied the approval would only be for this use on this one parcel and the
lease runs with the land.
Councilmember Overbeck asked if the applicant has ever built next to historic properties and if
property values have been affected as a result. Mr. Bradtke replied their most recent construction
next to a farm or barn was on the Kechter family’s property on Ziegler. A report on that property
found the inclusion of a silo tower on that property would not adversely affect or deter from the
historic nature of the overall property. This project is similar. Regarding property values, people
place value on different things.
Mayor Troxell asked about the factor of noise in the APU process. Frickey replied all ground
equipment has to be screened either through landscaping or fencing. The application shows a
wood fence that would surround the equipment compound and would effectively screen the
equipment from adjacent properties; however, that does not include noise.
Mayor Troxell asked about the material of the skin of the silo. Mr. Bradtke replied there is
basically no discernable noise unless the backup generator kicks in. The skin is made from a
carbon fiber material.
Mayor Troxell asked if the silo top is open or closed. Mr. Bradtke replied it can be either.
Councilmember Cunniff expressed concern regarding future development in the area under the
LMN zoning.
Councilmember Stephens stated coverage equals safety and that issue trumps other concerns.
Councilmember Overbeck suggested a condition requiring the tower to be dismantled if
appropriate. He stated safety issues also need to be addressed on the side of wind speed.
December 19, 2017
City of Fort Collins Page 119
Councilmember Martinez made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 136, 2017, on First Reading.
Councilmember Cunniff supported Councilmember Overbeck’s concerns with wind loading and
suggested the inclusion of a condition that would require the design of the structure to be changed
to more compatibly fit in should neighboring structures be redeveloped. City Attorney Daggett
stated that condition would take some further work.
Mayor Troxell stated the wind loading issue seems unnecessary.
Mayor Pro Tem Horak stated advice from staff could be received prior to Second Reading.
Councilmember Overbeck requested the inclusion of a condition requiring the tower to be
dismantled if it becomes obsolete.
Mayor Pro Tem Horak requested a firm definition of “obsolete”. Gloss replied staff could return
with some suggested timeframes and definitions.
Councilmembers Stephens and Overbeck thanked the citizens who spoke.
Councilmember Cunniff stated he would be supporting the motion to advance the conversation.
Mayor Troxell clarified the motion has the tower at 45 feet in height.
Councilmember Martinez asked about the staff recommendation for the decrease in height.
Frickey replied other nearby silos are 45 feet tall; therefore, staff found the height would make this
more compatible.
Mayor Pro Tem Horak noted the north location by the larger barn will make the silo seem more
proportional.
RESULT: ORDINANCE NO. 136, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Summers
• Motion to Extend the Meeting past 10:30 PM
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to extend the
meeting past 10:30 PM, but no later than 12:00 AM, for the purpose of considering the remaining
agenda items.
RESULT: ADOPTED [5 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak
NAYS: Martinez
ABSENT: Summers
December 19, 2017
City of Fort Collins Page 120
23. Boxelder Basin Regional Stormwater Authority (BBRSA) Fee Payments. (Postponed
Indefinitely)
The purpose of this item is to authorize the City Manager to pay fees normally due in 2018 to Boxelder
Basin Regional Stormwater Authority (BBRSA) in 2017. Ordinance No. 009, 2017, adopted on
February 7, 2017, appropriated the amount of $330k for this pre-payment in 2017. Staff has been
working with the members of BBRSA to develop an Intergovernmental Agreement (Agreement) to
resolve various financial concerns of the members. With the adoption of the Agreement and members’
completion of various actions defined in the Agreement, BBRSA will have adequate funds to meet all
2017 obligations. In the event of a delay in approval of the Agreement by all members and Timnath,
the payment of Fort Collins 2017 estimated annual stormwater service and development fees normally
due and payable to the Authority in 2018, will allow BBRSA to meet all obligations while members
finalize the Agreement.
City Manager Atteberry stated the Wellington Town Council passed this item this evening and
Timnath passed it last Friday afternoon in a special meeting.
Mayor Pro Tem Horak stated the Town of Wellington will be sending its payment to the Boxelder
Basin Regional Stormwater Authority tomorrow.
City Attorney Daggett clarified Council does not have an action item needing resolution this
evening; therefore, if there is no motion, the item will be completed.
Eric Sutherland questioned the meaning of this agenda item. He commented on the $42 million
cost of the project.
Mayor Pro Tem Horak stated Councilmembers wanted assurance nothing drastic had occurred and
noted this item authorized the pre-payment of already appropriated funds.
• ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adjourn the
meeting and consider the remaining items at the next Council meeting.
RESULT: MOTION TO CONSIDER REMAINING ITEMS ON JANUARY 2, 2018, ADOPTED
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Summers
The meeting adjourned at 10:52 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 121
December 27, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Coldiron
• DISCUSSION ITEMS
1. Resolution 2017-116 Approving a Collective Bargaining Agreement with Northern Colorado
Lodge #3 of the Fraternal Order of Police. (Adopted)
The purpose of this item is to approve a collective bargaining agreement between the City and the
Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP) and authorize execution of
such agreement. After the FOP voted not to ratify a proposed 2018-2019 contract, the parties returned
to the table and tentatively agreed to a one-year contract for 2018. The FOP presented this contract
to their members, and with 91% voting, the contract ratified by a vote of 84% yes and 16% no. The
contract now comes to City Council for consideration, and if approved, will go into effect on January 1,
2018.
Kelly DiMartino, Assistant City Manager, stated a tentative agreement on a one-year contract was
reached December 21, and the FOP members have voted to ratify that contract. Changes have
occurred relating to the total compensation committee, which will focus on compensation,
retirement, and retiree medical, a stipend increase for employees who may retire in 2018, the
addition of 0.5% to the 401 contribution, uniform and equipment handling, and the grievance
hearing process. If Council ratifies the contract, it will go into effect on January 1.
Mayor Troxell asked Chris Renn, Vice-President of the Fraternal Order of Police Lodge No. 3, to
clarify statements he made in the Coloradoan. Officer Renn thanked Council for taking the time
to have this special meeting and discussed his comments relating to the negotiations, which have
included retirement, medical retirement, and salary. In the last attempt to bring a contract to a vote
prior to impasse, the FOP put together what it believed to be fair market-substantiated proposals.
The retiree medical has been the topic with the most pronounced deficiencies and conflict
resolution was discussed because assurance of getting to a point of market-competitiveness could
not be provided.
Officer Renn stated the FOP does not seek conflict and believes it reached out and exercised every
effort within its ability during the negotiation process.
Mayor Troxell asked where things stand today regarding the establishment of a committee for
research and retirement plans, compensation packages, retirement plans, the 0.5% increase in
retirement contributions, the 0.25% increase in retirement health savings, the one-time stipend of
$50,000, the 10% payout of remaining sick leave, and other issues. Officer Renn replied these
issues have been brought forth in the past and the committees were the idea of the FOP to ensure
the negotiations are fair in the future for both parties. The movements in the contract are
appreciated and will help officers at the end of their careers, but there is still work to do.
Mayor Troxell asked if the City backed out of the conflict resolution clause at the last minute, as
was stated by Officer Renn in the Coloradoan. City Manager Atteberry replied he does not believe
December 27, 2017
City of Fort Collins Page 122
the City backed out. DiMartino replied conversations were happening regarding some other type
of mediation and means of sharing information. The FOP questioned whether a mediator could
look at the City’s finances and make a determination and was more interested in arbitration, which
the City has been consistent in saying it is not interested in pursuing.
Mayor Troxell asked Officer Renn how the City could back out if it did not agree. Officer Renn
replied the parties were at a point of contractualizing language that would deal with conflict
resolution, there was a break in dialogue, and that option was off the table upon reconvening.
Mayor Troxell noted the committee would allow conflict resolution to be pursued and asked
Officer Renn to clarify his comments. Officer Renn replied the committee does not, in and of
itself, ensure outcomes and there are concerns among the FOP membership. He stated he has a
much higher level of confidence that things can be accomplished moving forward after his
conversation with Mr. Atteberry this morning.
Mayor Troxell asked Officer Renn to substantiate his claims this offer is not competitive. Officer
Renn replied the employer contributions to retirement offerings fall 8
th
among 12 benchmark cities
with the 11.5% contribution the officers will receive if this contract is ratified. The FOP recognizes
the additional 0.5% as a gain; however, there are other benchmark cities that are recognizing the
need to significantly step up that category because of what it means to their ability to recruit and
retain the best officers.
Mayor Troxell stated the City’s data shows recruitment and retention is good in Fort Collins.
City Manager Atteberry stated it is time to move forward, given the FOP has ratified the agreement,
and the fact that it is a one-year contract should give everyone some peace of mind.
Councilmember Cunniff asked about the net one-time increase for 2018 and the net on-going
increase difference between this proposal and last week’s proposal. DiMartino replied the
conversion of the sick leave was added, but was offset by the addition of another ¼ cent. The
difference is the potential one-time cost of the stipend depending on how many people take that
option.
Mayor Pro Tem Horak stated the kinds of comments made in the Coloradoan article are not helpful
for true negotiations and to work toward mutual goals.
Mayor Pro Tem Horak asked if a level of a certain benefit has ever been reduced in past years,
specifically citing the $50,000 stipend. DiMartino replied the contract language specifically states
this applies only to 2018; however, the FOP could still request it in the future. She stated she is
not aware of any time when benefits have been reduced.
City Manager Atteberry stated it is possible the stipend could completely be eliminated, although
that is not likely if there are no other options. He also did not recall a benefit being decreased.
Mayor Pro Tem Horak asked when the decision was made for the FOP to not go into Social
Security. Spence Alford, FOP President, replied that was before 1986 and those hired prior to that
were not included in Social Security and Medicare.
Councilmember Martinez asked if no other City employees have a retirement health savings
account. DiMartino replied in the affirmative.
December 27, 2017
City of Fort Collins Page 123
Councilmember Martinez stated it seems the two parties became closer in their various stances
during the negotiations and noted the FOP approval rate for ratification was overwhelming at 84%.
Councilmember Martinez made a motion, seconded by Councilmember Summers, to adopt
Resolution 2017-116.
Councilmember Cunniff stated he would not support the motion given the stipend issue and
benefits not received by other City employees, including other physically-demanding jobs. He
supported the non-financial aspects of the agreement however.
Councilmember Stephens stated she would support the motion, particularly given the support by
the FOP.
Councilmember Overbeck asked what occurs if this motion does not succeed. City Manager
Atteberry replied no contract would be in place as of January 1 and presumably for the entire year.
Councilmember Stephens stated the newspaper comments were unfortunate; however, she is not
comfortable penalizing all officers given those comments. She stated negotiations were made in
good faith and encouraged Councilmembers to support the motion.
Councilmember Summers thanked all involved parties and discussed the importance of attracting
and keeping high-quality officers.
Councilmember Martinez disagreed with Councilmember Cunniff’s comments regarding police
work versus other demanding City jobs. He stated he is not willing to disenfranchise other officers
due to newspaper comments.
Mayor Troxell stated he would support the motion, though the newspaper comments were
unfortunate and a disservice. He stated the FOP should own up to the fact that the City did not go
back on its word and opposed the system which precludes the Chief and Deputy Chief from
advocating for Police Services.
Mayor Pro Tem Horak stated he would support the motion, though he did take a step back given
the Coloradoan article in which nothing positive was said.
Councilmember Cunniff expressed concern it feels as though this whole process is being used by
some to drive a separate issue, which is an attempt to change the City Charter.
Councilmember Martinez thanked all Police Services workers for their service, time, and
willingness to come forth.
RESULT: RESOLUTION 2017-116 ADOPTED [6 TO 1]
MOVER: Ray Martinez, District 2
SECONDER: Ken Summers, District 3
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
NAYS: Cunniff
December 27, 2017
City of Fort Collins Page 124
• ADJOURNMENT
The meeting adjourned at 7:15 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 124
January 2, 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 there were no changes to the published agenda.
• CITIZEN PARTICIPATION
Representative Jenny Arndt congratulated the City on receiving the 2017 Malcolm Baldrige
National Quality Award. She noted this is only the third municipality to achieve such recognition
in the history of the program.
Representative Joann Ginal expressed her pride in the City.
Senator John Kefalas expressed appreciation for the work of the City.
Elizabeth Hudetz discussed fracking and noted the City’s moratorium passed with almost 60%
voter support. She discussed new legislation and the negative impacts of fracking on the
environment and stated Prospect’s permits should be rescinded and no additional permits should
be approved.
Stacy Lynne showed photos of a restroom sign in Old Town Square which makes sophomoric jabs
about flushing kittens, puppies, and prosthetic limbs. She requested the sign be removed
immediately.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell summarized the citizen comments and requested a staff update on the fracking
issue. City Attorney Daggett replied the moratorium provisions adopted by voters in 2013 were
explicitly found by the Larimer County District Court to be preempted by state law, and the
Colorado Supreme Court did affirm that decision. An item on tonight’s Consent Agenda removes
those provisions from the City Code because they are unenforceable. The recent decision relates
to the power of the Colorado Oil and Gas Conservation Commission and the manner in which it is
obligated to evaluate potential rules and to regulate oil and gas activities.
Cassie Archuleta, Environmental Services, stated Prospect Energy received approval for a re-
fracturing of a well just outside City limits last year. A similar proposal has been submitted this
year.
Councilmember Summers requested additional information regarding wells in City limits.
Archuleta replied there are 10 wells considered to be active, 3 of which are producing. All of these
wells are oil, not gas, and all are vertical, not horizontal.
January 2, 2018
City of Fort Collins Page 125
Councilmember Summers stated the Colorado Department of Health and Environment has not
found any systemic health issues that arise from hydraulic fracturing.
Councilmember Martinez requested the restroom sign be investigated.
Mayor Pro Tem Horak noted the City provided some funding for the project and is therefore
partially responsible for the insensitive language.
Councilmembers agreed the sign is not humorous.
Councilmember Cunniff stated signage for City and DDA facilities should be held to professional
standards.
• CONSENT CALENDAR
Mayor Troxell stated the public hearing for Item No. 11, Public Hearing and First Reading of
Ordinance No. 006, 2018, Granting a Non-Exclusive Franchise to the Public Service Company of
Colorado for the Right to Make Reasonable Use of City Streets, Public Utility Easements and
Other City Property to Install, Maintain, Locate and Operate Its Facilities Used to Provide
Natural Gas Services to Customers within the City, will be part of the Consent Agenda.
Councilmember Martinez withdrew Item No. 12, First Reading of Ordinance No. 002, 2018,
Appropriating Unanticipated Grant Revenue from the Colorado Department of Transportation
FASTER Transit Program Grant in the Transit Services Fund and Appropriating Prior Year
Reserves in the Transit Services Fund as a Grant Match for the Purchase of Two New Buses for
Transfort's Regional FLEX Route to Longmont and Boulder, from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes from the December 5, 2017 Regular Council
Meeting, the December 12, 2017 Adjourned Council Meeting and the December 13, 2017 Special
Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the December 5, 2017 Regular Council
meeting, December 12, 2017 Adjourned Council meeting and the December 13, 2017 Special Council
meeting.
2. Postponement to January 16, 2018, of Second Reading of Ordinance No. 136, 2017, Approving
the Addition of Permitted Use Associated with the Long Pond Wireless Telecommunications
Facility Project Development Plan #160018. (Adopted)
Staff is requesting postponement to January 16, 2018, of Council’s consideration of this Ordinance on
Second Reading.
January 2, 2018
City of Fort Collins Page 126
After closing the public hearing at First Reading of this Ordinance on December 19, 2017, City Council
requested staff input regarding the possibility of adding three more conditions to its approval of the
Long Pond Wireless Telecommunications Addition of Permitted Use (APU) (in addition to those
conditions already included in Ordinance No. 136, 2017, as adopted). It is recommended that Council
reopen the public hearing to consider additional evidence pertaining to additional conditions or other
issues specified by Council and allow comment on such matters by both the applicant and the public.
Postponement of Second Reading to January 16, 2018 will allow time for required notice to be provided
for the reopening of the public hearing on this item. Reopening the public hearing on January 16 will
allow new information related only to the three conditions to be added to the record.
This Ordinance, unanimously adopted on First Reading on December 19, 2017 approved, with
conditions, the Long Pond Wireless Telecommunications APU, made in conjunction with PDP160018.
The APU would allow the addition of wireless telecommunication facilities as a permitted use on a
parcel of land located in the Low Density Mixed-Use Neighborhood (LMN) zone district. Wireless
telecommunication facilities are not a permitted use in the LMN. PDP160018 proposes a 60-foot tall
wireless telecommunications facility disguised as a silo at 2008 Turnberry Road. On First Reading, a
condition was added that reduced the height of the facility to 45 feet or less and specified a location
for the facility near the existing barn located in the northeast portion of the site.
3. Items Relating to the Fort Collins Traffic Code. (Adopted)
A. Second Reading of Ordinance No. 173, 2017, Amending Various Sections of the Fort Collins
Traffic Code.
B. Second Reading of Ordinance No. 174, 2017, Amending Various Sections of Part 21 of the Fort
Collins Traffic Code Regulating Bicycles.
These Ordinances, unanimously adopted on First Reading on December 19, 2017, amend the Fort
Collins Traffic Code to ensure that the Code is consistent with Colorado traffic laws.
Changes were made to Section 2101(2) between First and Second Reading to be consistent with
current City Code provisions that allow power-driven mobility devices, including electrical assisted
bicycles, to be used by persons with temporary or permanent mobility disabilities on bike or pedestrian
paths or recreational trails.
4. Second Reading of Ordinance No. 175, 2017, Deleting Chapter 12, Article VIII from the Code of
the City of Fort Collins Regarding Hydraulic Fracturing. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 19, 2017, removes references
to a prohibition on oil and gas related activities from Chapter 12, Article VIII of the City Code. This is
an administrative clean-up item reflecting the 2016 Colorado Supreme Court decision that struck down
the City’s hydraulic fracturing moratorium because state law preempted it.
5. Second Reading of Ordinance No. 176, 2018, Declaring Certain City-Owned Property
Consisting of a Portion of Tract A, Prospect Industrial Park Currently Owned by the City of Fort
Collins Utilities’ Wastewater Utility Enterprise as Road Right-of-Way for the Proposed Sharp
Point Drive Extension. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 19, 2017, declares
approximately 1.4 acres of Tract A owned by the City Utilities’ Wastewater Utility Enterprise as right-
of-way for the construction of Sharp Point Drive between Nancy Gray Avenue and Midpoint Drive.
Tract A is a 1.9-acre parcel which was originally platted as a public access and loading easement in
the 1970s as part of the Prospect Industrial Park. The Sharp Point Drive connection was shown on the
City’s Master Street Plan in 1998. The platted easement merged into fee property upon acquisition by
the Wastewater Utility Enterprise in 2002.
January 2, 2018
City of Fort Collins Page 127
6. Second Reading of Ordinance No. 177, 2017 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for That Certain Property Known as Spring Creek
Rezoning REZI170001. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on December 19, 2017, amends the City’s
Zoning Map to adjust the location, size and boundary between two zone districts within a 19.55 parcel
located at the southeast corner of South Shields Street and Hobbit Street. The result of the shift is
that the Neighborhood Commercial (N-C) zone is shifted south and reduced by 2.88 acres while the
Medium Density Mixed-Use Neighborhood (M-M-N) zone is shifted north and gains a corresponding
amount of land area. As proposed, the N-C zone would be reduced to 6.42 acres and the M-M-N zone
would be enlarged to 13.13 acres.
This rezoning of less than 640 acres is subject to the criteria included in Section 2.9.4 of the Land Use
Code and subject to certain conditions in Section 2.9.4(H). Such a zoning may be approved, approved
with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning
Board, which voted (6-0) to recommend the rezoning with six conditions. The six conditions have been
agreed upon by the applicant and neighbors from the surrounding residential neighborhood (including
the Sheeley and Wallenberg neighborhoods), as well as consultation with staff.
7. First Reading of Ordinance No. 001, 2018, Appropriating Unanticipated Grant Revenue in the
General Fund for the Fort Collins Police Services Victim Services Unit. (Adopted)
The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services for victim
advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family
members. The Fort Collins Police Services Victim Services Unit has been awarded a 12-month grant
in the amount of $45,500 for the period from January 1, 2018 to December 31, 2018, by the Eighth
Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided
by this team. 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, 7-days/week
services to victims of crime in the community.
8. First Reading of Ordinance No. 003, 2018, Appropriating Prior Year Reserves in the General
Fund and the Recreation Fund and Authorizing the Transfer of Appropriations in the Recreation
Fund to the General Fund for the James Ross Proving-Up House Restoration. (Adopted)
The purpose of this item is to appropriate previously received grant funds of $16,080 received from
the Cache la Poudre Heritage Alliance and unanticipated revenue of $3,357 from the Fort Collins
Historical Society for the restoration of the James Ross Proving-Up House. The total new appropriation
is $19,437. The grant is matched by Historic Preservation funds of $32,847 and Recreation
Department funds of $27,000 from prior year reserves.
9. First Reading of Ordinance No. 004, 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 Harmony and Strauss Cabin
Intersection Project and Transferring Appropriations from the Capital Projects Fund to the
Cultural Services and Facilities Fund for Art in Public Places (Adopted)
The purpose of this item is to appropriate $891,000 of prior year reserves in the Transportation Capital
Expansion Fee Fund and authorize the transfer of appropriations from the Transportation Capital
Expansion Fee Fund into the Capital Project Fund for the Harmony and Strauss Cabin Intersection
Improvement Project. In addition, this item will transfer $8,760 in prior year reserves from the
Transportation Fund to the Capital Projects Fund for the purpose of transfer to the Cultural Services
January 2, 2018
City of Fort Collins Page 128
and Facilities Fund for Art in Public Places. This project will construct road and intersection
improvements, utility relocations, and fully signalize the intersection of Harmony Road and Strauss
Cabin Road. The project will install southbound left and right turn lanes, pork chop islands, and
American’s with Disabilities Act (ADA) accessible sidewalk connections.
10. First Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of
Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga
Road Improvements Project (Adopted)
The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed
necessary, to acquire property interests needed to construct improvements to Suniga Road
Improvements Project. The project will construct a new arterial roadway between College Avenue and
Blondel Street. Improvements include construction of a complete arterial street which includes four
travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements.
In order for the City to construct these improvements, the City will need to acquire certain property
interests adjacent to the project area. The project will affect seven properties. Acquisitions will include
fee purchase right-of-way, permanent utility and drainage easements and temporary construction
easements. Staff has had contact with all affected property owners. Timely acquisition of the property
is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith
with the affected owners and is optimistic that all property negotiations can be completed prior to the
start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for
the Project only if such action is deemed necessary.
11. Public Hearing and First Reading of Ordinance No. 006, 2018, Granting a Non-Exclusive
Franchise to the Public Service Company of Colorado for the Right to Make Reasonable Use
of City Streets, Public Utility Easements and Other City Property to Install, Maintain, Locate
and Operate Its Facilities Used to Provide Natural Gas Services to Customers within the City.
(Adopted)
The purpose of this item is to consider approval of a natural gas Franchise Agreement between the
City of Fort Collins and the Public Service Company of Colorado (“Public Service”). Without a change
in the financial burden to residents, this Franchise Agreement grants a non-exclusive franchise to
Public Service to make reasonable use of City streets, public utility easements and other City property
for Public Service’s provision of natural gas utility services within the City. The franchise fee will be
equivalent to the current occupation tax imposed (1.07%) to compensate the City for the use of its
property. The franchise fee rate can be increased by the City Council in the future by ordinance but
at a rate not to exceed 3% of gross revenues.
12. Resolution 2018-001 Authorizing the Execution of an Intergovernmental Agreement Between
the City and the Colorado Department of Transportation for Transfort FLEX Service. (Adopted)
The purpose of this item is to authorize Transfort to enter into an Intergovernmental Agreement with
the Colorado Department of Transportation (CDOT). This agreement will result in the receipt of
$200,000 in grant funds through the statewide competitive pool of the FASTER Transit program for
fiscal year 2018. Transfort will be required to match the $200,000 in grant funds with a $200,000 local
match, which was appropriated through the previous BFO cycle and is accounted for in the approved
2018 Transfort budget.
13. Resolution 2018-002 Authorizing an Intergovernmental Agreement with Colorado State
University Regarding the Elizabeth Street and Shields Street Bicycle and Pedestrian
Underpass. (Adopted)
The purpose of this item is to authorize the City Manager to sign on behalf of the City a Memorandum
of Understanding (MOU) with the Board of Governors of the Colorado State University System to
define the rights and responsibilities of the parties concerning the ownership and maintenance of the
newly completed Elizabeth and Shields Bicycle and Pedestrian Underpass and adjoining right-of-way
areas.
January 2, 2018
City of Fort Collins Page 129
14. Resolution 2018-003 Making Appointments to Various Boards, Commissions, and Authorities
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,
commissions, and authorities’ due to resignations of board members and vacancies to be created
upon the expiration of terms of current members. Applications were solicited during September,
October, and November. Council teams interviewed applicants during November and December. This
Resolution appoints individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies
will be advertised as needed.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Mayor Pro Tem Horak commented on good news items relating to FLEX service and off-campus
infrastructure improvements made by CSU.
Councilmember Stephens thanked board and commission candidates in regard to Item No. 15,
Resolution 2018-003 Making Appointments to Various Boards, Commissions, and Authorities of
the City of Fort Collins.
Councilmember Overbeck thanked board and commission members for their service.
Councilmember Martinez commended Item No. 7, First Reading of Ordinance No. 001, 2018,
Appropriating Unanticipated Grant Revenue in the General Fund for the Fort Collins Police
Services Victim Services Unit.
Mayor Troxell closed the public hearing for Item No. 11, Public Hearing and First Reading of
Ordinance No. 006, 2018, Granting a Non-Exclusive Franchise to the Public Service Company of
Colorado for the Right to Make Reasonable Use of City Streets, Public Utility Easements and
Other City Property to Install, Maintain, Locate and Operate Its Facilities Used to Provide
Natural Gas Services to Customers within the City.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
15. First Reading of Ordinance No. 002, 2018, Appropriating Unanticipated Grant Revenue from the
Colorado Department of Transportation FASTER Transit Program Grant in the Transit Services
Fund and Appropriating Prior Year Reserves in the Transit Services Fund as a Grant Match for
the Purchase of Two New Buses for Transfort's Regional FLEX Route to Longmont and
Boulder. (Adopted on First Reading)
The purpose of this item is to request a 2018 appropriation in the amount of $1,200,000. Transfort was
awarded $960,000 through a CDOT grant for the purchase of two new buses for Transfort’s Regional
FLEX route to Longmont and Boulder. This grant requires a local match of $240,000.
Councilmember Martinez asked if the $240,000 local match is funded solely by Fort Collins. Mark
Jackson, Planning, Development, and Transportation, replied Boulder County and a number of
cities along the Flex route participate financially; however, this match is fully funded from
Transfort transit reserves.
January 2, 2018
City of Fort Collins Page 130
Councilmember Martinez suggested other municipalities should participate in providing matching
funds in the future as they are benefitting as well.
Mayor Pro Tem Horak stated this service was started and encouraged by the North Front Range
Metropolitan Planning Organization which includes Weld and Larimer Counties and associated
cities. Fort Collins is funding this match because the buses are Fort Collins buses and can be used
for Transfort needs.
City Manager Atteberry stated he will provide statistics related to the cost sharing for Flex.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 002, 2018, on First Reading.
Councilmember Cunniff commended the item and its impact on air quality.
RESULT: ORDINANCE NO. 002, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• DISCUSSION ITEMS
16. First Reading of Ordinance No. 007, 2018, Amending Section 2-606 of the Code of the City of
Fort Collins and Setting the Compensation of the Chief Judge. (Adopted on First Reading)
The purpose of this item is to establish the 2018 salary of the Chief Judge. City Council met in
executive session on November 28, 2017, to conduct the performance review of Chief Judge Kathleen
M. Lane. This Ordinance sets the 2018 compensation of the Chief Judge.
Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 007, 2018, on First Reading, increasing the Chief Judge’s compensation by 3%.
Base salary and total compensation figures were calculated.
Mayor Pro Tem Horak asked if Judge Lane will be remaining at 0.8 FTE. Judge Lane replied she
is planning to ask for an increase to a full 1.0 FTE in the next budget cycle, to be divided between
herself at 0.75 and the Assistant Chief Judge at 0.25.
Councilmembers Martinez and Overbeck commended Judge Lane and her work.
Councilmember Stephens commended Judge Lane’s work with Special Agency Session.
Mayor Troxell thanked Judge Lane for her work and longevity in the community.
RESULT: ORDINANCE NO. 007, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
January 2, 2018
City of Fort Collins Page 131
17. First Reading of Ordinance No. 008, 2018, Amending Section 2-581 of the Code of the City of
Fort Collins and Setting the Compensation of the City Attorney. (Adopted on First Reading)
The purpose of this item is to establish the 2018 salary of the City Attorney. City Council met in
executive session on November 13, 2017, to conduct the performance review of Carrie Daggett, City
Attorney. This Ordinance sets the 2018 compensation of the City Attorney.
Mayor Pro Tem Horak suggested a 2.5% increase.
Base salary and total compensation figures were calculated.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance
No. 008, 2018, on First Reading, increasing the City Attorney's compensation by 2.5%.
Councilmember Overbeck commended the City Attorney and her team.
Councilmember Martinez commended the City Attorney on utilizing suggestions.
Councilmember Stephens commended the City Attorney for her sound legal and ethical advice.
Mayor Troxell commended the City Attorney on her work.
RESULT: ORDINANCE NO. 008, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
18. First Reading of Ordinance No. 009, 2018, Amending Section 2-596 of the Code of the City of
Fort Collins and Setting the Compensation of the City Manager. (Adopted on First Reading)
The purpose of this item is to establish the 2018 compensation of the City Manager. City Council met
in executive session on November 13, 2017, to conduct the performance review of Darin Atteberry,
City Manager. This Ordinance sets the 2018 compensation of the City Manager.
Mayor Pro Tem Horak suggested a 2.5% compensation increase.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Summers, to adopt Ordinance
No. 009, 2018, on First Reading, increasing the City Manager's compensation by 2.5%
Base salary and total compensation figures were calculated.
Councilmembers Overbeck and Summers commended the City Manager on his work and service.
Councilmember Stephens thanked the City Manager for ensuring issues are addressed in a timely
manner.
Councilmember Cunniff stated he would support the motion but noted City Manager Atteberry is
the highest paid City Manager in Colorado. He commended the City Manager on his work.
Councilmember Cunniff requested information on the salary funding split, including a possible
broadband utility, for both the City Manager and City Attorney prior to Second Reading.
January 2, 2018
City of Fort Collins Page 132
Councilmember Martinez thanked the City Manager for his professionalism and work. He noted
City Manager Atteberry is the longest serving City Manager in Colorado and his salary is average
on a national level. He stated City Manager Atteberry has made Fort Collins a world-class city.
Mayor Pro Tem Horak noted salaries are set based on the average of the market for each position.
Mayor Troxell thanked the City Manager for his service over the past 14 years, citing several
examples of excellent work. He thanked the Councilmembers for their service and creation of a
positive environment for its direct employees and the City organization as a whole.
RESULT: ORDINANCE NO. 009, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ken Summers, District 3
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
19. Items Relating to Funding Improvements to the I-25/Prospect Interchange. (Adopted)
A. Resolution 2018-004 Authorizing the Execution of an Amendment to the Intergovernmental
Agreement Between the City of Fort Collins and the Colorado Department of Transportation for
the Interstate 25 Improvements Between State Highway 14 and State Highway 402.
B. Resolution 2018-005 Approving and Authorizing the Execution of a Memorandum of
Understanding with Benefitted Property Owners Regarding Financial Participation in the I-
25/Prospect Interchange Improvements.
The purpose of this item is to amend an existing Intergovernmental Agreement with the Colorado
Department of Transportation and enter into a Memorandum of Understanding with private property
interests proximate to the interchange at I-25 and Prospect Road. These agreements form the basis
of a public-private funding partnership model to accelerate improvements to the aging and congested
I-25/Prospect Interchange. City staff is also continuing to negotiate with the Town of Timnath for its
payment of a share of the costs for these improvements.
Mark Jackson, Planning, Development, and Transportation, introduced several staff members and
CDOT program manager, Scott Rees. He stated improving northern I-25 has been a Council
priority for years and the project, and potential inclusion of the Prospect interchange, will provide
a significant safety and mobility benefit for Fort Collins and northern Colorado.
Jackson discussed the aging infrastructure at the Prospect interchange and the opportunity to
partner with Timnath, CDOT, and the property owners near the interchange to include it as part of
the overall I-25 corridor project. The partnership will save an estimated $7 million and will speed
the timing of the project.
Mike Beckstead, Chief Financial Officer, discussed the memorandum of understanding that has
been formed as a result of the negotiations. He noted the benefit of the arrangement declines if
development does not occur or occurs later than anticipated. The intent for financing is to do
certificates of participation and use City assets for collateral. This item would authorize the IGA
with CDOT and the MOU for the property owners.
Councilmember Cunniff noted the difference between the 13% and 15% Timnath contribution is
$350,000 and expressed appreciation for efforts made to increase that.
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City of Fort Collins Page 133
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-004.
Councilmember Cunniff stated he would support the motion despite being concerned about the
City’s overall debt load. He commended staff work on the item.
Councilmember Martinez asked about the source of borrowed funds. Beckstead replied bonds
would be issued.
Councilmember Martinez asked about Timnath’s financial participation. Beckstead replied that
amount is still being finalized; however, the MOU is written such that the property owners and
Fort Collins would pay whatever portion Timnath does not.
City Manager Atteberry noted conversations with Timnath have been very positive.
Councilmember Martinez asked what motivation Timnath has to pay if it knows the project will
occur regardless. Mayor Pro Tem Horak replied it is a matter of trust and historic performance.
Mayor Troxell stated this proposal is in the best interest of the City of Fort Collins.
RESULT: RESOLUTION 2018-004 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-005.
Mayor Pro Tem Horak commended staff work and the overall partnership aspects of the proposal.
RESULT: RESOLUTION 2018-005 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
20. Items Relating to Broadband Facilities and Services. (Adopted on First Reading)
A. First Reading of Ordinance No. 010, 2018, Appropriating Prior Year Reserves in the General Fund
as a Loan to the Light and Power Fund for the Electric Utility’s First Year Operations and
Maintenance Costs for Telecommunication Facilities and Services.
B. First Reading of Ordinance No. 011, 2018, Amending the Code of the City of Fort Collins to
Authorize and Implement the City’s Provision of Telecommunication Facilities and Services as
Provided in City Charter Article XII, Section 7.
The City has been engaged in a multi-year process of research, due diligence, and community
engagement that resulted in two successful ballot measures. The first in November 2015 gave the City
the authority to provide high-speed broadband services to the community, the second, in November
2017 added telecom activity to the City Charter and demonstrated support for borrowing up to $150
million to provide fiber to the premise infrastructure.
January 2, 2018
City of Fort Collins Page 134
At the November 28, 2017, Council Work Session discussion concerning the City’s Broadband
updates, including an estimated timeline, major milestones, appropriation and governance
recommendations, staff highlighted the need to dedicate resources to support further development
and details associated with a Municipal Retail model.
Staff is requesting $1.8M of funding to be appropriated to support first year start-up costs associated
with recruiting and hiring personnel, consulting, equipment, and branding to support the initiative.
Funding would come from the General Fund as a loan to the Light and Power Fund as start-up funding
until bonds can be issued to support the total broadband build out. The bonds will be structured
allowing a planned repayment to the General Fund of start-up costs supported by this appropriation.
The reserves will be restored from the proceeds of the bond issuance, pending the Council’s adoption
of the corresponding bond ordinance (currently scheduled for the March 20 and April 3 meetings).
To evidence the repayment of this loan, the City Council, acting as the Electric Utility Enterprise Board,
will be considering an ordinance in a separate agenda item at this meeting which will agree to and
direct the repayment of this loan to the General Fund when the bond proceeds are received.
In addition, certain City Code changes are needed to authorize the City Electric Utility to begin
implementing its provision of broadband facilities and services and to receive and expend the General
Fund loan through the Light and Power Fund. These changes are proposed in Ordinance No. 011,
2018, which accompanies this agenda item.
The changes in Ordinance No. 011, 2018, relate to the Charter amendment the voters approved this
past November that grants to Council the power to authorize the Electric Utility to acquire, construct,
provide, fund and contract for telecommunication facilities and services and that grants to the
Enterprise of the Electric Utility the power to issue bonds to fund these facilities and services. These
changes also include assigning to the City Manager the direct responsibility to administer and
supervise the Electric Utility’s provision of broadband facilities and services.
City Manager Atteberry stated new suggested language would authorize the City Manager to
delegate supervision of the utilities to the Deputy City Manager.
Mike Beckstead, Chief Financial Officer, stated this appropriation is for $1.8 million. He
discussed the plan for moving the broadband proposal forward.
Glen Akins thanked the City and voters for providing this opportunity.
Hannah Johnson, ASCSU, thanked the City for its commitment to innovation and stated this is an
amazing opportunity. The ASCSU Senate has a formal resolution in support of the broadband
initiative.
Eric Sutherland opposed the residential electric rate schedule. He opposed the broadband ballot
question language.
City Attorney Daggett showed the language change which would give the City Manager additional
discretion in shaping the management team working on utilities, specifically broadband. The
amendment would amend Ordinance No. 011, 2018. She stated part of the purpose of the language
was to allow it to change over time.
City Manager Atteberry confirmed that purpose and stated there may be a time in the future in
which all 5 utilities would fall under the Utilities Executive Director, and this would allow the City
Manager to make that change administratively.
January 2, 2018
City of Fort Collins Page 135
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 010, 2018, on First Reading.
Councilmember Summers asked why $1.8 million needs to be borrowed from the General Fund.
Beckstead replied conversations were held to determine if pulling the funds from the Light and
Power reserves or the General Fund reserves would be better. Conversations with Council have
indicated Light and Power ratepayers will not be subsidizing the broadband startup.
Councilmember Summers stated money could be borrowed from Light and Power and paid back
with interest, therefore the ratepayers would actually receive a benefit.
Councilmember Cunniff stated he is leaning toward using General Fund reserves citing concerns
that there are maintenance needs in the Utility fund that, if borrowed against, would increase the
cost to ratepayers.
Councilmember Summers stated the infrastructure needs were related more to the General Fund
and noted the bonds are expected to be issued by March or April.
City Manager Atteberry stated this decision is within Council’s discretion. He has been consistent
in thinking this should come from the General Fund in order to keep the funding pure and, to date,
the General Fund has covered the broadband conversation. However, the final decision remains
with Council.
Councilmember Martinez asked how many outstanding loans against the General Fund exist.
Beckstead replied there are a couple loans with the Urban Renewal Authority, about $5 million for
the Summit project, and about $2.5 million for the Innosphere project. Some of those loans have
come from the Water Fund, however. Beckstead stated he would provide a follow-up memo with
details.
Mayor Pro Tem Horak agreed with the staff recommendation for the use of the General Fund.
City Manager Atteberry corrected a statement and noted the Light and Power Fund did contribute
to some of the broadband planning. He stated he would provide follow-up details.
Councilmember Cunniff thanked voters for supporting this initiative and commended City staff
for their work.
Councilmember Martinez stated he wants assurance the loan is repaid regardless of which fund is
used.
Councilmember Overbeck stated he would support the motion and discussed the importance of
maintaining net neutrality and consumer protection.
Councilmember Summers stated this is a vote about funding, not broadband itself.
Councilmember Stephens thanked the speakers and citizens for their support.
Mayor Troxell thanked the speakers and staff for their work.
January 2, 2018
City of Fort Collins Page 136
RESULT: ORDINANCE NO. 010, 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. 011, 2018.
Mayor Pro Tem Horak stated his motion does not include the new language as the current language
still allows for charge changes.
Councilmember Cunniff agreed with Mayor Pro Tem Horak.
Mayor Troxell encouraged Mr. Sutherland to have a conversation to affect change rather than go
to court.
RESULT: ORDINANCE NO. 011, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• ADJOURNMENT
The meeting adjourned at 8:08 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 137
January 16, 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 recommended postponing Item No. 5, Second Reading of Ordinance No.
005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to
Construct Public Improvements in Connection with the Suniga Road Improvements Project, to
February 6, 2018, to give staff more time to respond to resident concerns. He withdrew Item No.
14, First Reading of Ordinance No. 015, 2018, Making Amendments to Chapter 23 of the Code of
the City of Fort Collins Relating to Natural Area and Parks Permits, Slack Lining, Structures and
Amateur Drone Operation in Natural Areas and City Parks, to allow staff to provide details
regarding what the changes are expected to address, justifications for why the changes are needed,
and more information about the permitting process. He withdrew Item No. 20, First Reading of
Ordinance No. 018, 2018, Amending Chapter 23.5 of the Code of the City of Fort Collins
Pertaining to Special Events, to address concerns about synching with the Downtown
Development Authority.
• CITIZEN PARTICIPATION
Zach Heath supported the plan to place lockers for homeless residents at the Fort Collins
Mennonite Church.
Lynn Thompson supported the plan to place lockers for homeless residents at the Fort Collins
Mennonite Church.
Mary Lee Steltz supported the plan to place lockers for homeless residents at the Fort Collins
Mennonite Church.
Steve Raymer, Fort Collins Mennonite Church Pastor, expressed disappointment regarding the
staff recommendation against placing the lockers at the Church.
Stacy Lynne stated the Colorado Department of Regulatory Agencies and Colorado Revised
Statutes legally define her work as an investigative journalist. She discussed the importance of
context, specifically relating to the video of a police officer’s altercation with a woman in Old
Town.
Stephen Dougherty supported the plan to place lockers for homeless residents at the Fort Collins
Mennonite Church.
Jeremy Mack supported the plan to place lockers for homeless residents at the Fort Collins
Mennonite Church.
January 16, 2018
City of Fort Collins Page 138
Joe Rowan stated it is becoming increasingly difficult to justify the cost of the insatiable legacy of
the City. He stated it is disingenuous to make the KFCG tax part of the regular budget and stated
the City needs to examine what it will stop doing and what it can afford.
Sarah King supported the plan to place lockers for homeless residents at the Fort Collins
Mennonite Church.
Debra James supported the plan to place lockers for homeless residents at the Fort Collins
Mennonite Church.
Haley Dallas supported the plan to place lockers for homeless residents at the Fort Collins
Mennonite Church.
Carol YiBebo supported the plan to place lockers for homeless residents at the Fort Collins
Mennonite Church.
Tunia (no last name given) supported the plan to place lockers for homeless residents at the Fort
Collins Mennonite Church.
Michael (no last name given) stated he will be managing the lockers and noted users will be
screened.
Nicholas Mouton discussed community injustices and supported the plan to place lockers for
homeless residents at the Fort Collins Mennonite Church. He also discussed judicial injustices in
the community.
Juliana Cullen supported the plan to place lockers for homeless residents at the Fort Collins
Mennonite Church.
Cheryl Distaso, Fort Collins Homeless Coalition, supported the plan to place lockers for homeless
residents at the Fort Collins Mennonite Church.
Jeff Craigstead supported the plan to place lockers for homeless residents at the Fort Collins
Mennonite Church.
Desiree Anthony, Tilted Halos, supported the plan to place lockers for homeless residents at the
Fort Collins Mennonite Church.
Ray Suslutski-Moore supported the plan to place lockers for homeless residents at the Fort Collins
Mennonite Church.
Jeshua Jackson stated he sent an email to Council and stated the City can do better.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Stephens thanked the citizens who spoke about the lockers and stated she will be
bringing up the issue under Other Business.
January 16, 2018
City of Fort Collins Page 139
Councilmember Overbeck thanked the speakers and stated he did receive Mr. Jackson’s email.
Mayor Troxell thanked the speakers.
• CONSENT CALENDAR
Mayor Pro Tem Horak withdrew Item No. 5, Second Reading of Ordinance No. 005, 2018,
Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public
Improvements in Connection with the Suniga Road Improvements Project, from the Consent
Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
1. Second Reading of Ordinance No. 001, 2018, Appropriating Unanticipated Grant Revenue in
the General Fund for the Fort Collins Police Services Victim Services Unit. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates grant funds
in the amount of $45,500 to fund the Victim Services Unit of Fort Collins Police Services for victim
advocacy services. The Fort Collins Police Services Victim Services Unit has been awarded a 12-
month grant by the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to
help fund services provided by this team. 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, 7-days/week services to victims of crime in the community.
2. Items Relating to Transfort's Regional FLEX Route to Longmont and Boulder. (Adopted)
A. Second Reading of Ordinance No. 002, 2018, Appropriating Unanticipated Grant Revenue from
the Colorado Department of Transportation FASTER Transit Program Grant in the Transit
Services Fund and Appropriating Prior Year Reserves in the Transit Services Fund as a Grant
Match for the Purchase of Two New Buses for Transfort's Regional FLEX Route to Longmont and
Boulder.
B. Resolution 2018-008 Authorizing the Execution of an Intergovernmental Agreement Between the
City and the Colorado Department of Transportation for a Grant to Purchase Two New Buses for
Transfort’s Regional FLEX Route to Longmont and Boulder.
This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates $1,200,000
for the purchase of two new buses for Transfort’s Regional FLEX route to Longmont and Boulder.
Transfort was awarded $960,000 through a CDOT grant. This grant requires a local match of
$240,000.
On Second Reading, staff is presenting to Council Resolution 2018-008 which authorizes the Mayor
to execute an intergovernmental agreement between the City of Fort Collins and CDOT for the
purchase of the two new buses for the FLEX Regional Route.
January 16, 2018
City of Fort Collins Page 140
3. Second Reading of Ordinance No. 003, 2018, Appropriating Prior Year Reserves in the General
Fund and the Recreation Fund and Authorizing the Transfer of Appropriations in the Recreation
Fund to the General Fund for the James Ross Proving-Up House Restoration. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates previously
received grant funds of $16,080 received from the Cache la Poudre Heritage Alliance and
unanticipated revenue of $3,357 from the Fort Collins Historical Society for the restoration of the James
Ross Proving-Up House. The total new appropriation is $19,437. The grant is matched by Historic
Preservation funds of $32,847 and Recreation Department funds of $27,000 from prior year reserves.
The Ross Proving-Up House is the only “proving-up” or “filing” house associated with the 1862
Homestead Act still in existence in Larimer County. In preparation for its restoration, the building was
moved last fall to a permanent location at The Farm at Lee Martinez Park, 600 North Sherwood Street.
4. Second Reading of Ordinance No. 004, 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 Harmony and Strauss Cabin
Intersection Project and Transferring Appropriations from the Capital Projects Fund to the
Cultural Services and Facilities Fund for Art in Public Places. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates $891,000 of
prior year reserves in the Transportation Capital Expansion Fee Fund and authorizes the transfer of
appropriations from the Transportation Capital Expansion Fee Fund into the Capital Project Fund for
the Harmony and Strauss Cabin Intersection Improvement Project. In addition, this item transfers
$8,760 in prior year reserves from the Transportation Fund to the Capital Projects Fund for the purpose
of transfer to the Cultural Services and Facilities Fund for Art in Public Places. This project will
construct road and intersection improvements, utility relocations, and fully signalize the intersection of
Harmony Road and Strauss Cabin Road. The project will install southbound left and right turn lanes,
pork chop islands, and American’s with Disabilities Act (ADA) accessible sidewalk connections.
5. Second Reading of Ordinance No. 006, 2018, Granting a Non-Exclusive Franchise to the Public
Service Company of Colorado for the Right to Make Reasonable Use of City Streets, Public
Utility Easements and Other City Property to Install, Maintain, Locate and Operate Its Facilities
Used to Provide Natural Gas Services to Customers within the City. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 2, 2018, approves a natural gas
Franchise Agreement between the City of Fort Collins and the Public Service Company of Colorado
(Public Service). Without a change in the financial burden to residents, this Franchise Agreement
grants a non-exclusive franchise to Public Service to make reasonable use of City streets, public utility
easements and other City property for Public Service’s provision of natural gas utility services within
the City. The franchise fee will be equivalent to the current occupation tax imposed (1.07%) to
compensate the City for the use of its property. The franchise fee rate can be increased by the City
Council in the future by ordinance but at a rate not to exceed 3% of gross revenues.
6. Second Reading of Ordinance No. 007, 2018, Amending Section 2-606 of the Code of the City
of Fort Collins and Setting the Compensation of the Chief Judge. (Adopted)
City Council met in executive session on November 28, 2017, to conduct the performance review of
Chief Judge Kathleen M. Lane. This Ordinance, unanimously adopted on First Reading on January 2,
2018, establishes the 2018 salary of the Chief Judge at 120,667 and total compensation at $149,125.
7. Second Reading of Ordinance No. 008, 2018, Amending Section 2-581 of the Code of the City
of Fort Collins and Setting the Compensation of the City Attorney. (Adopted)
City Council met in executive session on November 13, 2017, to conduct the performance review of
Carrie Daggett, City Attorney. This Ordinance, unanimously adopted on First Reading on January 2,
2018, sets the 2018 compensation of the City Attorney at $194,259 and total compensation at
$232,770.
January 16, 2018
City of Fort Collins Page 141
8. Second Reading of Ordinance No. 009, 2018, Amending Section 2-596 of the Code of the City
of Fort Collins and Setting the Compensation of the City Manager. (Adopted)
City Council met in executive session on November 13, 2017, to conduct the performance review of
Darin Atteberry, City Manager. This Ordinance sets the 2018 compensation of the City Manager at
$262,489 and total compensation at $319,320.
9. Items Relating to Broadband Facilities and Services. (Adopted)
A. Second Reading of Ordinance No. 010, 2018, Appropriating Prior Year Reserves in the General
Fund as a Loan to the Light and Power Fund for the Electric Utility’s First Year Operations and
Maintenance Costs for Telecommunication Facilities and Services.
B. Second Reading of Ordinance No. 011, 2018, Amending the Code of the City of Fort Collins to
Authorize and Implement the City’s Provision of Telecommunication Facilities and Services as
Provided in City Charter Article XII, Section 7.
Ordinance No. 010, 2018, appropriates $1.8M of funding to support first year start-up costs associated
with recruiting and hiring personnel, consulting, equipment, and branding to support the initiative.
Funding would come from the General Fund as a loan to the Light and Power Fund as start-up funding
until bonds can be issued to support the total broadband build out. The bonds will be structured
allowing a planned repayment to the General Fund of start-up costs supported by this appropriation.
The reserves will be restored from the proceeds of the bond issuance, pending the Council’s adoption
of the corresponding bond ordinance (currently scheduled for the March 20 and April 3 meetings). The
operation and maintenance expenses table in the “Whereas” clause for Ordinance No. 010, 2018, has
been updated for Second Reading to reflect consistent data with the table used in the agenda item
summary and staff presentation on First Reading. The revised table reflects the latest final planned
budget for first year operation and maintenance expenses.
Ordinance No. 011, 2018, amends City Code to authorize the City Electric Utility to begin implementing
its provision of broadband facilities and services and to receive and expend the General Fund loan
through the Light and Power Fund. The changes in Ordinance No. 011, 2018, relate to the Charter
amendment the voters approved this past November that grants to Council the power to authorize the
Electric Utility to acquire, construct, provide, fund and contract for telecommunication facilities and
services and that grants to the Enterprise of the Electric Utility the power to issue bonds to fund these
facilities and services. These changes also include assigning to the City Manager the direct
responsibility to administer and supervise the Electric Utility’s provision of broadband facilities and
services. In response to discussion during consideration on First Reading, the revision to Code
Section 2-491 presented on First Reading has been removed from Ordinance No. 011, 2018. A
needed conforming change to the definition of “service area” in Code Section 1-2 has been substituted
in as Section 2 of Ordinance No. 011, 2018. These revisions are shown in the Second Reading version
of the Ordinance No. 011, 2018. Both Ordinances were unanimously adopted on First Reading on
January 2, 2018.
10. First Reading of Ordinance No. 012, 2018, Appropriating Unanticipated Revenue in the Transit
Services Fund for Contractual Paratransit Services for the City of Loveland Transit (COLT) and
Transit Manager Services Pursuant to Two Intergovernmental Agreements with Loveland.
(Adopted)
The purpose of this item is to appropriate funds to cover the costs of entering into two
intergovernmental agreements (IGA) with Loveland, which costs will be reimbursed by Loveland. The
first IGA provides paratransit service for COLT under the current Dial-A-Ride contract (the Paratransit
IGA), the costs of which will be reimbursed monthly to the City of Fort Collins by the City of Loveland,
COLT. The second IGA supplies a contractual employee to COLT to act as the COLT Transit
Operations Manager under the supervision of the City of Fort Collins, Transfort (the Transit
Management IGA). The costs will be reimbursed to the City of Fort Collins by the City of Loveland
monthly.
January 16, 2018
City of Fort Collins Page 142
The City Manager approved and signed both agreements. Pursuant to City Code Section 1-22 the City
Manager has the authority to enter into both IGAs because the IGAs do not require the direct, monetary
payment of more than $5,000 from the City, after reimbursement from Loveland, and the City Manager
has determined that the IGAs do not entail significant policy decisions.
11. First Reading of Ordinance No. 013, 2018, Appropriating Unanticipated Grant Revenue in the
General Fund for the Environmental Services Radon Program and Authorizing the Transfer of
Matching Funds Previously Appropriated in the Environmental Services Department Operating
Budget. (Adopted)
The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the
Environmental Services Radon Program. This appropriation includes $7,961 of grant revenues
provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon
testing and mitigation programs. The grant directly supports radon activities identified in the
Environmental Services Department’s core budget offer, and requires a local match of $5,307.
Matching funds are appropriated and unexpended in the 2018 Environmental Services operating
budget, and will be transferred to the Environmental Services radon program.
12. First Reading of Ordinance No. 014, 2018, Appropriating Prior Year Reserves in the Data and
Communications Fund for the Enterprise Document Management System and Electronic
Record Search Project. (Adopted)
The purpose of this item is to appropriate $833,840 from the Data and Communications reserve to
fund the Enterprise Document Management System and Electronic Record Search (EDMS) project.
The funds will be used to replace the current enterprise document management system known as
SIRE that currently manages the City’s documents and images. This project was approved through
the Budgeting for Outcomes (BFO) process for use in 2017. However, the procurement process will
not be completed until early February 2018, requiring the IT Department to submit this request ahead
of the reappropriation process in order to enter into a contract with a vendor to avoid additional costs
and delays.
13. First Reading of Ordinance No. 015, 2018, Making Amendments to Chapter 23 of the Code of
the City of Fort Collins Relating to Natural Area and Parks Permits, Slack Lining, Structures
and Amateur Drone Operation in Natural Areas and City Parks. (Withdrawn)
The purpose of this item is to update a number of provisions within Chapter 23, Articles IX (Natural
Areas) and X (Parks) of the City Code. The Code changes are intended to more accurately reflect
administrative responsibilities regarding permits, clarify various provisions, and provide additional
consistency in provisions regulating activities in Natural Areas and Parks as stated in the City Code.
14. First Reading of Ordinance No. 016, 2018 Amending Article 5, Section 23-140 of the Code of
the City of Fort Collins to Add a Definition of "Facilities". (Adopted)
The purpose of this item is to amend Section 23-140 of the City Code to add a definition of "Facilities"
which includes buildings, structures, vehicles, buses, and public parking areas. This amendment will
grant express authority to the City Manager to set administrative policy related to conduct on Transfort
buses and other transit facilities.
15. First Reading of Ordinance No. 017, 2018, Amending the City of Fort Collins District-Precinct
Map to Reflect Changes in County Precinct Boundaries and Waiving the Redistricting
Requirement of Section 7-87(d) of the City Code. (Adopted)
The purpose of this item is to align City precinct boundaries with County precinct boundaries as
required by Section 7-66 of the City Code.
January 16, 2018
City of Fort Collins Page 143
16. Resolution 2018-006 Authorizing the Lease of 11.85 Acres of City-Owned Natural Area Property
to Hageman Earth Cycle, LLC. (Adopted)
The purpose of this item is for City Council to consider the proposed lease of approximately 11.85
acres of land to Roger Hageman, Hageman Earth Cycle (HEC). In January 2017, staff asked Council
to consider selling 11.85 acres of land; Council did not approve the sale based in part on the Land
Conservation and Stewardship Board’s recommendation to not sell the land. Council asked staff to
develop land disposition and land-leasing guidelines for its review. Four months ago, staff was
directed by the City Manager to seek Council approval of a long-term lease rather than a sale.
17. Resolution 2018-007 Making Appointments to Various Boards, Commissions, and Authorities
of the City of Fort Collins. (Adopted)
The purpose of this item is to appoint 15 individuals to fill vacancies that currently exist on 6 various
boards and commissions, due to expiration of terms on December 31, 2017. Applications were
solicited during September, October, and November. Council teams interviewed applicants during
December and January. Vacancies still exist on the Building Review Board; Housing Catalyst; and
the Senior Advisory Board, work will continue to fill those vacancies.
• END CONSENT
• STAFF REPORTS
Brian Thall, Energy Services Supervisor, stated Partners in Energy is a collaborative effort
between Fort Collins Utilities and Xcel Energy which embodies City values and relates to multiple
objectives within the City’s Strategic Plan.
Tammy Gundersick, Partners in Energy Program Manager, stated Fort Collins is the first
municipality to participate in this program. Data sharing, program alignment, and marketing have
been benefits of the program.
• COUNCILMEMBER REPORTS
Councilmember Martinez reported on the Rockies Caravan event at CSU during which a large
donation was made to the Boys and Girls Club.
Councilmember Cunniff reported on the 25
th
anniversary of the Open Space tax celebration event.
Mayor Troxell reported on an email he received about superior service received at McCormick
Automotive and the Quality Inn hotel.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
18. Second Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain
of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga
Road Improvements Project. (Postponed to February 6, 2018)
This Ordinance, unanimously adopted on First Reading on January 2, 2018, authorizes the use of
eminent domain, if deemed necessary, to acquire property interests needed to construct improvements
to Suniga Road Improvements Project. The project will construct a new arterial roadway between
College Avenue and Blondel Street. Improvements include construction of a complete arterial street
which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and
utility improvements.
January 16, 2018
City of Fort Collins Page 144
In order for the City to construct these improvements, the City will need to acquire certain property
interests adjacent to the project area. The project will affect seven properties. Acquisitions will include
fee purchase right-of-way, permanent utility and drainage easements and temporary construction
easements. Staff has had contact with all affected property owners. Timely acquisition of the property
is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith
with the affected owners and is optimistic that all property negotiations can be completed prior to the
start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for
the Project only if such action is deemed necessary.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to postpose
Second Reading of Ordinance No. 005, 2018, to February 6, 2018.
RESULT: SECOND READING OF ORDINANCE NO. 005, 2018, POSTPONED FEBRUARY
6, 2018 [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• DISCUSSION ITEMS
19. Public Hearing and Second Reading of Ordinance No. 136, 2017, Approving the Addition of
Permitted Use Associated with the Long Pond Wireless Telecommunications Facility Project
Development Plan #160018. (Adopted as Amended on Second R)
This Ordinance, unanimously adopted on First Reading on December 19, 2017 approves with
conditions, the Long Pond Wireless Telecommunications Addition of Permitted Use request (APU)
being made in conjunction with PDP160018. The APU would allow the addition of wireless
telecommunication facilities as a permitted use on a parcel of land located in the Low Density Mixed-
Use Neighborhood (LMN) zone district. Wireless telecommunication facilities are not a permitted use
in the LMN. PDP160018 proposes a 60-foot tall wireless telecommunications facility disguised as a
silo at 2008 Turnberry Road. On First Reading, three conditions of approval were adopted: one
condition making the APU validity contingent upon subsequent Planning and Zoning Board approval
of the associated PDP, one that reduced the height of the facility to 45 feet or less, and one requiring
that the facility be located further north so it is closer to existing outbuildings. The City Council directed
staff to research three additional conditions of approval.
Mayor Troxell discussed the item and stated Council requested staff input regarding three possible
additional conditions of approval: the tower’s design be changed upon redevelopment of the parcel
or surrounding areas, the tower must exceed current City structural requirements for cell towers,
primarily with respect to wind loads, and the tower must be removed when it becomes obsolete.
To consider the possibility of adopting one or more of these conditions, Council will consider a
motion to reopen the hearing for the limited purpose of taking additional evidence related to these
conditions. Mayor Troxell outlined the process should the motion to reopen the hearing carry.
Councilmember Summers recused himself from this item as he was absent for the meeting during
which First Reading occurred.
City Attorney Daggett stated the project development plan related to this project is scheduled to
be considered by the Planning and Zoning Board Thursday, January 18. That proceeding will be
separate and a new record will be created at that time.
January 16, 2018
City of Fort Collins Page 145
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to reopen the public
hearing on Ordinance No. 136, 2017. Yeas: Troxell, Overbeck, Martinez, Cunniff, Stephens, and
Horak. Nays: none.
THE MOTION CARRIED.
Clay Frickey, City Planner, detailed the three possible conditions. He stated the change of the
design when the surrounding area redevelops may need a metric to be included for the triggering
of the design change. Staff would also like Council’s direction in terms of the type of process that
would be required. Given these practical difficulties, staff is not recommending adoption of the
first condition. He stated the Fort Collins Building Code already requires additional wind load
standards; therefore, staff finds the existing requirements are sufficient. The Land Use Code deals
with inactive uses as they pertain to non-conforming uses. Those uses expire after 24 months.
Staff is recommending removal of a functionally obsolete tower after 6 months of inactivity.
Michael Powers, Atlas Tower, agreed with staff regarding the practical concerns of the first
condition. He also stated that type of requirement is unprecedented and questioned whether it is
appropriate. Regarding the second condition, Mr. Powers stated the existing Building Code
standards are quite rigorous. He requested the timeframe for removal of an obsolete tower be
extended to one year because the tower is unlikely to be co-locatable given its height; therefore, if
Verizon opts to discontinue its lease and remove its equipment, it will take more than 6 months to
find a new tenant, complete proper due diligence, and go through the City’s planning process.
Melissa Reagan, Sherman and Howard, outside counsel to Verizon Wireless, requested Council
not impose any of the three additional conditions.
Nancy Eason supported adoption of the third condition for removal of the tower if it becomes
obsolete. She asked who would be responsible for removal of the tower should Atlas go out of
business and asked how anyone will know if the tower is not working. She also asked if the
neighborhood will be notified when operations begin and stated the APU process took too long.
Tanja Andreas questioned how anyone will know the tower is working. She suggested the use of
third-party expertise in the future.
Mr. Powers stated it is unlikely this site will be unused as there is a large demand for the location.
He reiterated it would take more than 6 months for a new tenant to go through the process. He
stated their leases typically have the landlord taking the place of Atlas should the company go
bankrupt and stated there is almost no way the company going bankrupt would result in the tower
not being used. He stated the City can make appointments with Atlas or Verizon to check that the
equipment is operating.
Councilmember Martinez asked who would be responsible for removing an obsolete tower.
Frickey replied it would be the responsibility of Atlas Tower to remove it upon notice from the
City.
Councilmember Martinez asked about the time period for determining obsolescence. Frickey
replied the time would start when the facility became inactive; however, there is currently staff
who monitors cell facilities to determine whether they are active. Deputy City Manager Mihelich
stated the amount of electricity going into the facility and the radio frequencies coming off the
tower can be monitored by staff.
January 16, 2018
City of Fort Collins Page 146
Councilmember Martinez asked about the timeframe for determining obsolescence. Cameron
Gloss, Planning Manager, replied the City process for a new carrier would be a simple minor
amendment process, which would likely take less than a month.
Councilmember Martinez asked if staff would still identify the tower as being obsolete if a new
carrier was in the process of being found. Gloss replied the condition has been written such that
the time would begin when the equipment stops functioning; however, Council could consider
alternative language.
Councilmember Overbeck asked if notice is provided to the neighborhood when the facility begins
operations. Mr. Powers replied that is not typical; however, they are happy to do so.
Councilmember Overbeck asked if staff could help facilitate a notification. Frickey replied in the
affirmative.
Councilmember Overbeck asked if annual radio frequency monitoring could occur. Ms. Reagan
replied RF emissions cannot be considered when approving or denying a telecommunication
facility, pursuant to the Federal Telecommunications Act of 1996; however, in order for Verizon
to maintain its FCC license for the facility, radio frequency emissions must be monitored to ensure
compliance.
Councilmember Martinez asked how staff arrived at the 6-month timeframe for obsolescence.
Frickey replied it seemed reasonable to staff.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance
No. 136, 2017, on Second Reading, with the following condition of approval: the equipment and
tower must be removed if they are not operated for any reason for a continuous period of 270
consecutive days.
Councilmember Cunniff supported the motion.
Councilmember Overbeck asked if an amendment would be needed to direct staff to provide notice
of the facility beginning operation. Frickey replied staff has that direction.
Mayor Pro Tem Horak stated the notice is not a condition of approval.
City Manager Atteberry stated the notification should not be precedent-setting.
Mayor Troxell suggested Councilmember Overbeck could bring the notification issue up under
Other Business and clarified the notification is not part of the motion or approval.
The vote on the motion was as follows: Yeas: Martinez, Stephens, Overbeck, Troxell, Cunniff,
and Horak. Nays: none.
THE MOTION CARRIED.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
January 16, 2018
City of Fort Collins Page 147
RESULT: ORDINANCE NO. 136, 2017, ADOPTED AS AMENDED ON SECOND READING
[6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
RECUSED: Summers
20. First Reading of Ordinance No. 018, 2018, Amending Chapter 23.5 of the Code of the City of
Fort Collins Pertaining to Special Events. (Withdrawn)
The purpose of this item is to consider amending Chapter 23.5 of the City Code pertaining to Special
Events to be in alignment with current law and to more accurately reflect the City’s current processes
and procedures for issuing Special Event Permits.
RESULT: WITHDRAWN
• OTHER BUSINESS
Councilmember Stephens stated she would like to see the locker item on a Council agenda despite
the staff recommendation.
Councilmember Cunniff supported bringing the item before Council.
Councilmember Overbeck stated there were concerns about the proposal at the neighborhood
meeting; however, there is clearly a need. He discussed successful locker projects and stated he
would be willing to spend more money to fund a successful project; however, he stated this process
has been somewhat backward. He suggested exploring other options for locations and suggested
staff examine other successful programs.
Councilmember Martinez suggested providing notification to parties-in-interest regarding the
topic. City Manager Atteberry stated staff would do so and place the item on Council’s agenda.
Councilmember Cunniff stated the APU process is different from other development applications
and suggested staff develop a notification proposal for APU projects that are being constructed.
City Manager Atteberry stated staff would return with options.
• ADJOURNMENT
The meeting adjourned at 8:15 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk