HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 01/02/2018 - SUMMARY AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Ken Summers, District 3
Kristin Stephens, District 4 Cablecast on FCTV Channel 14
Ross Cunniff, District 5 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney City Manager City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and
will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711
for Relay Colorado) for assistance.
Regular Meeting
January 2, 2018
Proclamations and Presentations
5:30 p.m.
None scheduled.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
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Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the
Consent Calendar. Anyone may request an item on this calendar be “pulled” off the
Consent Calendar and considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion Items.
CITIZEN PARTICIPATION
Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically
scheduled on the agenda. Comments regarding land use projects for which a development application
has been filed should be submitted in the development review process** and not to the Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those
who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking
time remain, and will beep again and turn red when a speaker’s time to speak has ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request
an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda
items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items
remaining on the Consent Calendar will be approved by City Council with one vote. The Consent
Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
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.
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.
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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.
Staff is requesting postponement to January 16, 2018, of Council’s consideration of this Ordinance on
Second Reading. 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.
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.
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.
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
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City’s Master Street Plan in 1998. The platted easement merged into fee property upon acquisition by
the Wastewater Utility Enterprise in 2002.
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.
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.
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.
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
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
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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
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
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.
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. 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.
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.
13. Resolution 2018-001 Authorizing the Execution of an Intergovernmental Agreement Between the City
and the Colorado Department of Transportation for Transfort FLEX Service.
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.
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14. Resolution 2018-002 Authorizing an Intergovernmental Agreement with Colorado State University
Regarding the Elizabeth Street and Shields Street Bicycle and Pedestrian Underpass.
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.
15. Resolution 2018-003 Making Appointments to Various Boards, Commissions, and Authorities of the
City of Fort Collins.
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.
STAFF REPORTS
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be made
by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (three minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
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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. (staff: Jamie Heckman; 5 minute staff
presentation; 10 minute discussion)
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.
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. (staff: Jamie Heckman; 5 minute staff
presentation; 10 minute discussion)
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.
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. (staff: Jamie Heckman; 5 minute staff
presentation; 10 minute discussion)
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.
19. Items Relating to Funding Improvements to the I-25/Prospect Interchange. (staff: Chad Crager,
Brad Buckman, Mark Jackson; 15 minute staff presentation; 45 minute discussion)
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.
20. Items Relating to Broadband Facilities and Services. (staff: Mike Beckstead; 10 minute staff
presentation; 45 minute discussion)
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.
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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.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating
from the Council's Policy Agenda or initiated by staff.)
ADJOURNMENT
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending at
the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which
have not yet been considered by the Council, will be continued to the next regular Council meeting and
will be placed first on the discussion agenda for such meeting.
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Wade Troxell, President City Council Chambers
Gerry Horak, District 6, Vice President City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Ken Summers, District 3
Kristin Stephens, District 4 Cablecast on FCTV, Channel 14
Ross Cunniff, District 5 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney Executive Director Secretary
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and
will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711
for Relay Colorado) for assistance.
Electric Utility Enterprise Board Meeting
January 2, 2018
(after the Regular Council Meeting)
CALL MEETING TO ORDER
1. First Reading of Ordinance No. 002, Agreeing to, Authorizing and Directing the Repayment of the $1.8
Million Loan from the General Fund for the Electric Utility's Startup Costs for its Provision of
Telecommunication Facilities and Services to be Repaid from the Proceeds of Revenue Bonds Issued
by the Enterprise to Fund Such Facilities and Services. (staff: Mike Beckstead; no staff presentation;
10 minute discussion)
The purpose of this item is to present to the Electric Utility Enterprise Board (the “Board”) an ordinance
related to City Council’s Agenda Item 20 in which it is authorizing the General Fund to loan $1.8 million
to the Light & Power Fund to be used by the Electric Utility for its start-up costs to provide
telecommunication facilities and services. The Board’s Ordinance represents the Enterprise’s
agreement, authorization and direction to repay the $1.8 million, plus 2.75% interest, to the General
Fund when the Light & Power Fund receives the anticipated proceeds from the Enterprise’s planned
issuance of revenue bonds for the Electric Utility’s provision of telecommunication facilities and
services.
OTHER BUSINESS
ADJOURNMENT
ELECTRIC UTILITY ENTERPRISE
BOARD