HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 01/16/2018 - 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 16, 2018
(Amended 1/16/18)
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. Second Reading of Ordinance No. 001, 2018, Appropriating Unanticipated Grant Revenue in the
General Fund for the Fort Collins Police Services Victim Services Unit.
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
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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.
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.
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.
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.
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.
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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.
POSTPONE 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.
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.
6. 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.
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.
7. 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.
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.
8. 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.
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.
9. 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.
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.
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10. Items Relating to Broadband Facilities and Services.
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.
11. 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.
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.
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.
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12. 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.
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.
13. 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.
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.
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.
WITHDRAWN FROM AGENDA
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.
15. 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".
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.
16. 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.
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.
17. Resolution 2018-006 Authorizing the Lease of 11.85 Acres of City-Owned Natural Area Property to
Hageman Earth Cycle, LLC.
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
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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.
18. Resolution 2018-007 Making Appointments to Various Boards, Commissions, and Authorities of the
City of Fort Collins.
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
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS
A. Fort Collins Efficiency Collaboration with Xcel Energy (staff: John Phelan)
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. 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. (staff: Clay Frickey; 5 minute staff presentation; 30 minute discussion)
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)
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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.
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. (staff: Jan Sawyer; 5 minute staff presentation; 30 minute
discussion)
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.
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.
City of Fort Collins Page 1
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 16, 2018
(after the Regular Council Meeting)
CALL MEETING TO ORDER
1. Second 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;
5 minute discussion)
This Ordinance, unanimously adopted on First Reading on January 2, 2018, represents the Electric
Utility Enterprise’s agreement, authorization and direction to repay $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. City Council’s Ordinance No. 010, 2018, authorized 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 operation and maintenance expenses table in the “Whereas” clause for Ordinance No. 002, has
been updated for Second Reading to be consistent with amended data presented in Ordinance No.
010, 2018. The revised table reflects the latest final planned budget for first year operation and
maintenance expenses.
OTHER BUSINESS
ADJOURNMENT
ELECTRIC UTILITY ENTERPRISE
BOARD