HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 06/04/2019 - REGULAR MEETINGCity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Kristin Stephens, District 4, Mayor Pro Tem City Hall West
Susan Gutowsky, District 1 300 LaPorte Avenue
Julie Pignataro, District 2 Fort Collins, Colorado
Ken Summers, District 3
Ross Cunniff, District 5 Cablecast on FCTV Channel 14
Emily Gorgol, District 6 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney City Manager City Clerk
Regular Meeting
June 4, 2019
(amended 6/4/2019)
Persons wishing to display presentation materials using the City’s display equipment under the Citizen
Participation portion of a meeting or during discussion of any Council item must provide any such materials
to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2)
hours prior to the beginning of the meeting at which the materials are to be presented.
NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to
election matters must be provided to the City Clerk no later than noon on the day of the meeting at which
the item will be considered. See Council Rules of Conduct in Meetings for details.
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and
activities and will make special communication arrangements for persons with disabilities. Please call 221-
6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Proclamations and Presentations
5:15 p.m.
A. Proclamation Declaring June 4, 2019 as Dr. Larry Clark Day.
B. Proclamation Declaring June as Men's Health Month.
C. Proclamation Declaring June as LGBTQ Pride Month.
D. Proclamation Declaring June as Bike Month.
E. Proclamation Declaring June 7, 2019 as Gun Violence Awareness Day.
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Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the Consent
Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and
considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion Items.
PUBLIC COMMENT
Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically
scheduled on the agenda. Comments regarding land use projects for which a development application
has been filed should be submitted in the development review process** and not to the Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those
who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking
time remain, and will beep again and turn red when a speaker’s time to speak has ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
PUBLIC COMMENT FOLLOW-UP
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Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request
an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda
items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items
remaining on the Consent Calendar will be approved by City Council with one vote. The Consent
Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens
is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer
may declare that the following process will be used to simplify consideration of the Citizen-Pulled
Consent Items:
(1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading
“Consideration of Citizen-Pulled Consent Items.”
(2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all
of the items that have been moved to that part of the agenda.
(3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled
Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council
will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote.
(4) Any Citizen-Pulled Consent Items that a Councilmember has asked to be considered individually will
then be considered using the regular process for considering discussion items.
1. Consideration and Approval of the Minutes of the May 7, and May 21, 2019, Regular Council Meetings.
The purpose of this item is to approve the minutes from the May 7 and May 21, 2019 Regular Council
meetings.
2. Second Reading of Ordinance No. 066, 2019, Making Appropriations for a Federal Lobbying Contract
Related to Regulation of Train Horn Noise.
This Ordinance, unanimously adopted on First Reading on May 21, 2019, appropriates $49,000 in
order to enter into a lobbying contract with Squire Patton Boggs to achieve legislative or regulatory
progress on reducing train horn noise in downtown Fort Collins. The City will enter into the lobbying
contract without competition as permitted by Section 8-161(d)(1) of the City Code.
3. Items Relating to a Great Outdoors Colorado Grant Project to Update the Parks and Recreation Policy
Plan.
A. Second Reading of Ordinance No. 067, 2019, Appropriating Unanticipated Revenue and
Authorizing Transfers of Appropriations for a Great Outdoors Colorado Grant Project to Update
the Parks and Recreation Policy Plan.
B. Resolution 2019-067 Authorizing the City Manager to Enter into a Grant Agreement with the State
Board of the Great Outdoors Colorado Trust Fund for the Receipt of Funds for the Project to
Update the Parks and Recreation Policy Plan.
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This Ordinance, unanimously adopted on First Reading on May 21, 2019, appropriates unanticipated
grant revenue awarded by Great Outdoors Colorado (GOCO) to update the Parks and Recreation
Policy Plan. The existing Parks and Recreation Policy Plan, dated October 2008, requires periodic
updating to reflect current conditions and address ongoing challenges of the Parks, Recreation, and
Park Planning and Development departments. A GOCO Planning Grant application was submitted in
November 2018 to supplement project funding. GOCO released notification of a $75,000 grant award
for the project in March 2019.
Resolution 2019-067 authorizes the City Manager to execute an agreement to accept the grant award.
4. Second Reading of Ordinance No. 068, 2019, Amending Section 23-194 of the Code of the City of
Fort Collins Regarding Natural Areas Permits.
This Ordinance, unanimously adopted on First Reading on May 21, 2019, modifies Chapter 23, Section
194(b) of the City Code to increase the time for the Natural Areas Director to review Special Use and
Commercial Use permit requests from five business days to fifteen business days.
5. Items Relating to Various Amendments to City Code Chapter 26 Pertaining to Utility Services.
A. Second Reading of Ordinance No. 069, 2019, Amending Section 26-491 of the Code of the City
of Fort Collins to Add and Revise Definitions Related to the City’s Stormwater System.
B. Second Reading of Ordinance No. 070, 2019, Amending Section 26-391 of the Code of the City
of Fort Collins to Add and Revise Definitions Related to the City’s Municipal Electric Utility System.
These Ordinances, unanimously adopted on First Reading on May 21, 2019, update definitions in City
Code Chapter 26 pertaining to Stormwater and Electric Utility Services.
6. Second Reading of Ordinance No. 071, 2019, Approving the Second Amendment to the Amended
and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland
Municipal Airport, Now Known as the Northern Colorado Regional Airport.
This Ordinance, unanimously adopted on First Reading on May 21, 2019, staggers the terms of the
citizen members appointed to the Northern Colorado Regional Airport Commission. The current
adopted Amended and Restated Intergovernmental Agreement states that appointed citizen members’
terms expire at the same time for all three of the appointed citizen members. The proposed
Amendment to the IGA provides for initial terms beginning July 1, 2019 for the three citizen members
will be 2 years-Loveland appointed Citizen Member; 3 years-Fort Collins appointed Citizen Member;
and 4 years-Joint Citizen Member.
7. Second Reading of Ordinance No. 072, 2019, Designating the Kamal/Livingston Property, 608 West
Laurel Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code
of the City of Fort Collins.
This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(f) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2019-064.
This Ordinance, unanimously adopted on First Reading on May 21, 2019, designates the
Kamal/Livingston Property, 608 West Laurel Street, as a Fort Collins Landmark, for its early mid-
century vernacular architecture with Colonial Revival details. This is a voluntary designation at the
property owner’s request. The Landmark Preservation Commission unanimously recommends
approving this landmark designation.
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8. Second Reading of Ordinance No. 073, 2019, Designating the Alfred Parker Duplexes I and II, 221-
229 West Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins.
This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(f) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2019-064.
This Ordinance, unanimously adopted on First Reading on May 21, 2019, designates the Alfred Parker
Duplexes I and II, 221-229 West Mulberry Street, as a Fort Collins Landmark, for being rare examples
of twin American Foursquare duplex architecture. This is a voluntary designation at the property
owner’s request. The Landmark Preservation Commission unanimously recommends approving this
landmark designation.
9. Second Reading of Ordinance No. 074, 2019, Making Appropriations and Authorizing Transfers of
Appropriations for the Lemay and Vine Intersection Improvements Project and Related Art in Public
Places.
This Ordinance, unanimously adopted on First Reading on May 21, 2019, appropriates $9.1M of
Transportation Capital Expansion Fee (TCEF) and Transportation Reserve Funds into the Capital
Project Fund for the Lemay and Vine Intersection Improvements Project. In addition, this item will
authorize the transfer of $91,000, one percent of the appropriated funds, from the Capital Project Fund
to the Cultural Services and Facilities Fund for Art in Public Places.
The overall project cost, including design, property acquisition, and construction, is estimated at
$23.3M. The City has previously appropriated $3.7M, and this appropriation would add $9.1M to the
project. The remaining funding needed for the project is $10.5M in 2019 dollars.
10. First Reading of Ordinance No. 075, 2019, Making Appropriations and Authorizing Transfers of
Appropriations for the Drake Water Reclamation Facility Sidestream Treatment Project and Related
Art in Public Places.
The purpose of this item is to request an appropriation for additional funding for the Drake Water
Reclamation Facility (DWRF) Sidestream Treatment Project. This request is necessary to complete
the permit-required project within the required timeframe to meet DWRF’s National Pollution Discharge
Elimination System (NPDES) phosphorus compliance schedule deadline of December 31, 2020.
Successful operation of this infrastructure will also earn regulatory credits to delay future capital project
expenses by upwards of 10 years.
11. First Reading of Ordinance No. 076, 2019, Approving, Affirming and Ratifying Funding of the Non-City
Share of the NECCO Project by Offering to Owners and Developers of Property Within the NECCO
Area a Proportionate Buy-In to Connect to the NECCO Project.
The purpose of this item is to adopt the cost share concept whereby development and redevelopment
draining into the Northeast College Corridor Outfall (NECCO) stormwater system are required to pay
their proportional cost share of the NECCO improvements if they choose to use the NECCO system
in lieu of constructing separate stormwater facilities. The NECCO stormwater system (or NECCO
Project) was designed to provide an adequate stormwater outfall for the area north of Vine Drive and
east of College Avenue in order to alleviate existing drainage problems and to facilitate development
and redevelopment in the area.
12. Items Relating to Various Amendments to the City of Fort Collins Land Use Code.
ITEM WITHDRAWN FROM CONSIDERATION
A. First Reading of Ordinance No.077, 2019, Making Various Amendments to the City of Fort Collins
Land Use Code.
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B. First Reading of Ordinance No. 078, 2019, Amending the City of Fort Collins Land Use Code
Regarding Community Development and Neighborhood Services Director Variances to Certain
Land Use Code Standards
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use
Code that are generally routine in nature that have been identified since the last update in February
2019. The proposed change to allow the Community Development and Neighborhood Services
Director to process certain variances is presented as a separate ordinance because the change is not
necessarily routine in nature and would allow the Director to process certain variances currently
reviewed by the Zoning Board of Appeals.
13. First Reading of Ordinance No. 079, 2019, Authorizing Execution of a Deed of Dedication to the City
of Loveland for the Extension of Rockwell Avenue Across Jointly Owned City and City of Loveland
Property at the Northern Colorado Regional Airport.
The purpose of this item is to dedicate to the City of Loveland the right-of-way for extension of Rockwell
Avenue across jointly owned Airport property.
14. Resolution 2019-068 Approving Fort Fund Grant Disbursements.
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming and Tourism Programming Accounts for the selected community events, based upon
the recommendations of the Cultural Resources Board.
15. Resolution 2019-069 Naming the Gardens on Spring Creek Pavilion in Honor of the Everitt Family.
The purpose of this item is to approve proposed donor recognition for the Pavilion at the Gardens on
Spring Creek. The Friends of the Gardens Board of Directors and Gardens staff have raised $375,000
towards completion of the Pavilion and five acres of new gardens and would like to name the pavilion
in honor of Bob and Joyce Everitt.
16. Resolution 2019-070 Accepting a Proposed Donation of a Sculpture to be Placed at the Gardens on
Spring Creek.
The purpose of this item is to accept the donation of a bronze sculpture of Bob and Joyce Everitt that
was created for the Garden on Spring Creek.
17. Resolution 2019-071 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2019
to Housing Catalyst to Finance the New Construction of Affordable Housing Units.
The purpose of this item is to support the new construction of an affordable housing development, to
be located at 140 East Oak Street, by assigning the City's 2019 Private Activity Bond allocation.
18. Items Relating to the Shared Use of Regional Broadband Transport and Access Services.
A. Resolution 2019-072 Authorizing the Execution of an Intergovernmental Agreement Between the
City and the City of Loveland for the Shared Use of Regional Broadband Transport and Access
Services.
B. Resolution 2019-073 Authorizing the Execution of an Intergovernmental Agreement Between the
City and the Town of Estes Park for the Shared Use of Regional Broadband Transport and Access
Services.
The purpose of this item is to consider two resolutions related to intergovernmental agreements
authorizing the shared regional Broadband Transport and Access services with the City of Loveland
and Town of Estes Park.
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END CONSENT
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS
A. Alternative Fuel Equipment Conversion. (staff: Mike Brunkhardt, Jason Komes)
B. Community Dashboard Metric: Response Time for Graffiti Removal. (staff: Larry Schneider)
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.
19. Items Relating to the Completion of the 2019 Spring Cycle of the Competitive Process for Allocating
City Financial Resources to Affordable Housing and Community Development Activities Utilizing
Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME
Investment Partnerships (HOME) Program, the City’s Affordable Housing Fund (AHF) and the City’s
Human Services Program (HSP), and Appropriating Funding Consistently Therewith. (staff: Adam
Molzer; 5 minute staff presentation; 30 minute discussion)
A. Public Hearing and Resolution 2019-074 Approving the Programs and Projects that will Receive
Funds from the Federal Community Development Block Grant Program, HOME Investment
Partnerships Program, the City’s Affordable Housing Fund, and the City’s Human Services
Program.
B. Public Hearing and First Reading of Ordinance No. 080, 2019, Appropriating Unanticipated
Revenue in the Community Development Block Grant Fund.
C. Public Hearing and First Reading of Ordinance No. 081, 2019, Appropriating Unanticipated
Revenue in the HOME Investment Partnerships Fund.
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The purpose of this item is to approve funding recommendations of the 2019 Spring Cycle of the
Competitive Process and appropriate federal dollars. Resolution 2019-074 completes the 2019 Spring
Cycle of the Competitive Process for allocating $3,602,625 in City financial resources to affordable
housing and public facility projects, human service programs and administration of the programs.
Ordinance No. 080, 2019, appropriates the City’s FY2019 CDBG Entitlement Grant and CDBG
program income and CDBG Reconciled funds from FY2017 and FY2018. Ordinance No. 081, 2019
appropriates the City’s FY2019 HOME Participating Jurisdiction Grant from the Department of Housing
and Urban Development (HUD).
20. Items Relating to Regulating Electric Scooters. (staff: Amanda Mansfield, Paul Sizemore; 10 minute
staff presentation; 30 minute discussion)
A. First Reading of Ordinance No. 082, 2019, Amending the Fort Collins Traffic Code Relating to
Electric Scooters.
B. First Reading of Ordinance No. 083, 2019, Amending Chapter 24 of the Code of the City of Fort
Collins Relating to Parking of Electric Scooters.
The purpose of this item is to amend the Traffic Code and City Code relating to the regulation of the
operation and parking of electric scooters. These amendments will treat electric scooters the same as
bicycles and electrical assisted bicycles (with three exceptions) and adds a definition of electric scooter
that is consistent with HB 19-1221 and regulates the parking of electric scooters.
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.)
B. Consideration of a motion to cancel the June 18, 2019 Regular Council Meeting.
“I move that Council cancel its regular meeting of June 18, 2019, pursuant to City Code Section 2-
28(a), due to the Colorado Municipal League Annual Conference.”
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.