HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/17/2018 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE MAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY April 17, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the March 6, March 20 and April 3, 2018 Regular Council
Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the March 6, March 20 and April 3, 2018, Regular
Council meetings.
ATTACHMENTS
1. March 6, 2018 (PDF)
2. March 20, 2018 (PDF)
3. April 3, 2018 (PDF)
City of Fort Collins Page 189
March 6, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Stephens
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Council will not be considering a motion to go into Executive
Session.
• CITIZEN PARTICIPATION
Eric Sutherland discussed Item No. 13, Resolution 2018-023 Making Findings of Fact and
Conclusions of Law Regarding the Appeal of the Planning and Zoning Board’s Decision
Approving the Johnson Drive Apartments Project Development Plan PDP170034, opposing
Council’s upholding of the Planning and Zoning Board decision. He showed photographs of
dumpsters at various projects around the city.
Brian Dwyer stated he will be negatively impacted by the Johnson Drive Apartments and stated it
is disappointing the development standards are so low. He questioned why the Planning and
Zoning Board did not impose any conditions on the development that would mitigate the effect of
construction activity.
Caitlin Young stated we all have a duty to preserve the ecological virtue of our resident land. She
asked Council to donate biodegradable bags for trash collection, utility gloves for sanitation, and
grabbers for hard-to-reach rubbish. She suggested regular trash collection days be scheduled.
Colin Garfield commended the City for broadband meetings and discussed the broadband efforts
nationwide.
Kathleen Benedict, Poudre National Heritage Area Executive Director, discussed the Heritage
Area and its partnership with the City.
Stacy Lynne discussed the Sign Code update and stated the definition of the City’s aesthetic values
does not exist. She questioned what problem the City is trying to fix with the Sign Code update
and why business owners were excluded from the Sign Code update process.
George Grossman, Happy Lucky’s Teahouse, thanked Council and City staff for completing the
Walnut Street project early. He reflected on his experience with the closure and encouraged the
City to follow through on getting all City departments to work together to minimize the financial
burdens that befall small businesses during these projects.
March 6, 2018
City of Fort Collins Page 190
Dan Dugal suggested Council reallocate funds from the study of a fire pit ban to something more
meaningful.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell summarized citizen comments.
Councilmember Cunniff stated citizens can have the biggest impact on Land Use Code and City
Code regulations during update processes. He encouraged Ms. Young to follow up with the City
Manager regarding grants for clean-up days. He stated he has received multiple emails requesting
fire pit regulations; therefore, a study of public thoughts on the issue is necessary.
Councilmember Overbeck thanked Ms. Benedict for speaking.
Mayor Pro Tem Horak discussed a meeting he and others had with Ms. Lynne and stated
Councilmembers have received concerns regarding fire pits for years.
• CONSENT CALENDAR
Eric Sutherland withdrew Item No. 4, Items Relating to Marijuana Licensing, No. 11, Resolution
2018-020 Removing the Condition Regarding Blockage of the Roadway Connection Contained in
Resolution 2016-019 Regarding the Appeal of Capstone Cottages Project Development Plan, PDP
14004, and No. 12, Items Relating to Appointing Temporary Judges and Authorizing the Execution
of Employment Agreements, 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: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Stephens
1. Consideration and Approval of the Minutes of the February 6, 2018 Regular Council Meeting
and the February 13, 2018 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the February 6, 2018, Regular Council Meeting
and the February 13, 2018, Adjourned Council Meeting.
2. Second Reading of Ordinance No. 032, 2018, Appropriating Prior Year Reserves in the
Transportation Fund for Regional Contribution to Larimer County for North I-25 Improvements.
(Adopted)
This Ordinance, unanimously adopted on First Reading on February 20, 2018, appropriates
Transportation Reserve funds in the amount of $453,158 to be remitted to Larimer County as part of
an annual (five-year span) regional contribution of local matching funds for CDOT’s North I-25
Improvements Project. With Resolution 2016-077, Council authorized an intergovernmental
agreement with Larimer County and participating local agencies, including the City, to contribute local
matching funds for this purpose. This is the second annual installment of these payments to Larimer
County. Local matching fund commitments accelerate the improvements to I-25 in Northern Colorado.
March 6, 2018
City of Fort Collins Page 191
3. Second Reading of Ordinance No. 033, 2018, Appropriating Unanticipated Revenue in the
General Fund for a Housing Catalyst PILOT Refund. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 20, 2018, appropriates
unanticipated revenue in the General Fund to be remitted to the Fort Collins Housing Authority to fund
affordable housing and related activities.
4. Second Reading of Ordinance No. 036, 2018, Declaring Certain City-Owned Property on East
Vine Drive as Road Right-of-Way. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 20, 2018, declares a strip of
property owned by the City as road right-of-way via the proposed Poudre River Whitewater Park Plat,
as well as to authorize the City Manager to sign said plat. The City owns parcels of property located
in the 100 and 200 blocks of East Vine Drive, and is finalizing documentation to acquire one remaining
parcel. The parcels are part of the future Whitewater Park and include two parcels which were originally
acquired by Natural Areas and Stormwater. The City of Fort Collins Parks and Engineering
Departments are working in tandem to coordinate improvements to Vine Drive that will accommodate
visitor traffic to the Whitewater Park. Construction on this project is anticipated to begin in this summer
and will be completed summer 2019. This Ordinance officially establishes the portion needed for Vine
Drive on the City’s property as public road right-of-way and authorizes the City Manager to dedicate
such right-of-way through execution of the plat.
5. Second Reading of Ordinance No. 037, 2018, Amending Article XIII of Chapter 23 of the Code
of the City of Fort Collins Regarding the Land Bank Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 20, 2018, amends City Code to
add flexibility to the Land Bank Program, broaden the income levels of targeted populations and to
allow mixed-use beyond solely residential affordable housing when requested by the City.
6. First Reading of Ordinance No. 038, 2018, Establishing Rental Rates and Delivery Charges for
Use of Water Available Under the City's Raw Water Interests for 2018 Through March 2021.
(Adopted)
The purpose of this item is to obtain City Council approval for the proposed formula-based and fixed
rates and charges for rental and delivery of Utilities’ raw water supplies for three years: 2018, 2019,
and 2020. This would be a change from the historical practice of having rates and charges approved
for one year at a time. Staff has utilized the proposed formulas to set rates and charges since 2015.
Staff is recommending a reduced rental rate of $400/acre-foot for fully consumable water (down from
$600/acre-foot) to reflect market conditions and recognize Utilities’ increased availability of these
supplies. The rates and charges would be effective through March 2021, to address the gap between
the end of 2020 and anticipated Council approval of new rates and charges in early 2021.
7. First Reading of Ordinance No. 039, 2018, Authorizing the Lease of City-Owned Property
Located at 211 South Bryan Avenue to the Fort Collins Baseball Club, Inc. (Adopted)
The purpose of this item is to obtain approval for a lease of City-owned property located at 211 South
Bryan Avenue to the non-profit corporation Fort Collins Baseball Club (FCBC). FCBC provides
recreational programs to citizens and non-profit organizations. FCBC is requesting a less than market
lease rate of $25 per year for a period of up to 25 years (10-year lease with 3 five-year extensions at
the City’s option).
8. First Reading of Ordinance No. 040, 2018, Declaring Certain City-Owned Property at Arapaho
Bend Natural Area as Road Right-of-Way. (Adopted)
The purpose of this item is to convert approximately 0.105 acres of Arapaho Bend Natural Area to
road right-of-way. The City intends to construct road and intersection improvements, relocate utilities,
and fully signalize the intersection of Harmony Road and Strauss Cabin Road. The project will install
March 6, 2018
City of Fort Collins Page 192
southbound left and right turn lanes, pork chop islands, and Americans with Disabilities Act (ADA)
accessible sidewalk connections.
9. First Reading of Ordinance No. 041, 2018, Authorizing the Conveyance of an Electric Line
Easement on City Property at Soaring Vista Natural Area to the City of Loveland. (Adopted)
The purpose of this item is to authorize conveyance of an electric line easement to the City of Loveland
on Soaring Vista Natural Area. The line is an extension of a project approved by City Council in August
2016 on the Northern Colorado Regional Airport property. The electric utility line currently extends
from Loveland’s Crossroads Substation at Boyd Lake Road north to County Road 30. The
underground utility line is intended to extend east along County Road 30 to Interstate 25. The
expanded utility service is needed to serve growing development in the area. The 25- foot wide
easement will run under the Natural Area for approximately 688 linear feet - totaling 17,204 square
feet or 0.40 acres.
10. Resolution 2018-023 Making Findings of Fact and Conclusions of Law Regarding the Appeal
of the Planning and Zoning Board’s Decision Approving the Johnson Drive Apartments Project
Development Plan PDP170034. (Adopted)
The purpose of this item is to make Findings of Fact and Conclusions of Law regarding the appeal
(“Appeal”) of the Planning and Zoning Board’s Decision Approving the Johnson Drive Apartments
Project Development Plan PDP 170034.
• CONSENT CALENDAR FOLLOW-UP
Mayor Pro Tem Horak commented on Item No. 7, First Reading of Ordinance No. 038, 2018,
Establishing Rental Rates and Delivery Charges for Use of Water Available Under the City's Raw
Water Interests for 2018 Through March 2021, as being a good news item allowing additional
predictability for agricultural interests.
• STAFF REPORTS
Emily Allen, Senior City Planner for Neighborhoods, reported on Neighborhood Connections and
the Vibrant Neighborhoods Grant. She stated the goals of Neighborhood Connections related to
getting neighbors connected within neighborhoods, across neighborhoods, and with City services.
Allen discussed the 2016-2017 pilot program and noted the Neighborhood Connections program
is free and offers free core programming. Through the Vibrant Neighborhoods Grant, $300,000 is
available for various neighborhood activities and programs.
City Manager Atteberry thanked Allen for her service to the City and welcomed Marcy Yoder, the
new Neighborhood Services Manager.
Mayor Troxell asked how neighborhoods that wish to participate are captured. Allen replied broad
outreach occurs, as well as more specific outreach with those who have made contacts with
Neighborhood Services.
Councilmember Overbeck commended Allen on her work.
Joe Olson, City Traffic Engineer, stated the most fatal crashes ever in Fort Collins occurred in
2017 and that increase cannot be accounted for by population or vehicle miles travelled increases.
The increase does, however, match with state and national trends. Olson discussed the locations
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City of Fort Collins Page 193
of the fatal crashes and noted commonalities include speeding, young drivers, alcohol and drugs,
and vulnerable road users.
Councilmember Cunniff asked if the impact of arterial and collector design on speed is being
examined and if that will influence future design. Olson replied that is part of the City Plan update
and is constantly evolving.
Councilmember Cunniff asked if more red-light cameras are being considered. Olson replied that
is not being considered currently; however, intersections where crashes occur because of red-light
running are being addressed with other tactics.
Mayor Pro Tem Horak discussed the importance of seat belt use.
Councilmember Cunniff discussed the importance of getting accurate counts of injury data. City
Manager Atteberry stated patrol officers are coordinated directly with Traffic Operations to
identify high-accident sites.
Mayor Troxell noted the low number of bicycle crashes and asked if protected bike lanes have
influenced that number. Olson replied those numbers are trending downward and attributes that
to engineering, education, and enforcement efforts.
• COUNCILMEMBER REPORTS
Councilmember Cunniff reported on the Election Code Committee meeting and noted those
meetings will be regularly scheduled for the next several months.
Mayor Troxell reported on Start Up Art Up week and noted there will not be a work session next
week due to the National League of Cities meeting in Washington, D.C.
Mayor Pro Tem Horak reported on a visit to Webber Middle School for a screening of the movie
“Chasing Coral” and a visit to Linton Elementary School for a read-a-thon.
• DISCUSSION ITEMS
11. Items Relating to Funding Improvements to the I-25/Prospect Interchange. (Adopted)
A. Resolution 2018-024 Approving and Authorizing the Execution of a Binding Agreement Pertaining
to Development of Interstate Highway 25 and Prospect Road Interchange and the Related Capital
Pledge Agreement.
B. Resolution 2018-025 Approving the Service Plan for the I-25/Prospect Interchange Metropolitan
District.
C. Resolution 2018-026 Approving the Consolidated Service Plan for the SW Prospect I-25
Metropolitan District Nos. 1-7.
D. Resolution 2018-027 Approving the Consolidated Service Plan for the Gateway at Prospect
Metropolitan District Nos. 1-7.
E. Resolution 2018-028 Approving the Consolidated Service Plan for the Rudolph Farms
Metropolitan District Nos. 1-6.
March 6, 2018
City of Fort Collins Page 194
The purpose of this item is to consider several actions related to the financing of the Prospect/I-25
Interchange financing and partnership. City staff is working with Colorado Department of
Transportation (CDOT), Town of Timnath, and property owners/developers adjacent to the
interchange of Interstate 25 (I-25) and Prospect Road to develop a funding partnership allowing CDOT
to improve the interchange. This interchange is a key gateway entrance into Fort Collins and the Town
of Timnath. It connects to a primary arterial route into and out of the communities. Improving the
interchange will help alleviate congestion and improve safety. The I-25/Prospect interchange is old
and aging infrastructure not designed to handle the urban level of traffic currently experienced.
There are significant financial benefits to partnering on the interchange for all parties involved. CDOT
agrees to pay for $12 million (half of the base cost) of the interchange. Timnath, Fort Collins and private
interests will pay the balance of $19 million. City of Fort Collins’ share of the $19 million is
approximately $8.1 million. Total cost of the improved interchange is estimated at $31 million. There
is a potential savings of $7 million in improvement costs if the project can be included in the efficiencies
of the overall I-25 corridor project.
The actions presented as part of this item implement the partnership between the City and the property
owners specifically through an overlay metro district as well as metro districts for the individual corner
and developments.
City Manager Atteberry noted this item is consistent with the memorandum of understanding
approved on January 2 to create a partnership that funds a significant portion of regional
infrastructure. The partnership uses metro district financing to fund up to $8.25 million from
adjacent property owners.
Mark Jackson, Planning, Development, and Transportation Assistant Director, discussed the
history of the project and cost share breakdown for the project.
Josh Birks, Economic Health Director, outlined the details of the full project’s funding. Following
tonight’s consideration, the next step is to bring forward an IGA with the Town of Timnath to
clarify its contribution, as well as starting construction later this summer.
Eric Sutherland stated there is skepticism about the willingness of metro districts to fulfill promises
to fund I-25 improvements. He stated the City is relying upon a form of relief, specific
performance, that is unavailable under Colorado law, in the event of non-payment by the
interchange district.
Councilmember Cunniff questioned if moving forward with this debt plan results in a prioritization
choice between this and other debt-financed projects being contemplated, specifically the Vine
and Lemay overpass and the Police Training Facility.
Mike Beckstead, Chief Financial Officer, stated the three projects, including those mentioned by
Councilmember Cunniff, will be discussed and he noted they do not all mature at the same time.
Councilmember Cunniff asked City Manager Atteberry if this project should be number one or
two on the list of debt-serviced projects. City Manager Atteberry replied in the affirmative and
stated this project has a significant leverage opportunity.
Councilmember Cunniff requested an outline of the process should the partners default. Dee
Wisor, outside counsel, stated there are remedies available to the City under state law in the event
of a default.
March 6, 2018
City of Fort Collins Page 195
Councilmember Cunniff stated he likes the current metro district policy because it requires this
level of discussion about anything straying outside the policy.
Mayor Pro Tem Horak asked how taxpayers are protected in this arrangement. City Attorney
Daggett replied the special district statute gives a jurisdiction, such as the City, that is approving a
service plan, certain ability to enforce the terms of that service plan.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-024.
Councilmember Cunniff stated he would reluctantly support the motion and expressed concern
about the number of debt projects coming forth. He stated the cost reductions of this project are a
significant benefit to taxpayers if it goes as planned.
Mayor Pro Tem Horak stated this investment makes sense for Fort Collins given dramatic return
on investment.
Mayor Troxell supported the leverage and partnerships in this project.
RESULT: RESOLUTION 2018-024 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Stephens
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-025. Yeas: Troxell, Cunniff, Overbeck, Summers and Horak. Nays: none.
RESULT: RESOLUTION 2018-025 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Stephens
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-026.
RESULT: RESOLUTION 2018-026 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Stephens
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-027.
March 6, 2018
City of Fort Collins Page 196
RESULT: RESOLUTION 2018-027 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Stephens
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-028.
Mayor Pro Tem Horak expressed appreciation for the private partners and the partnership with
Timnath.
RESULT: RESOLUTION 2018-028 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Stephens
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
12. Items Relating to Marijuana Licensing. (Adopted as Amended on Second Reading)
A. Second Reading of Ordinance No. 034, 2018, Amending Article XVI of Chapter 15 of the Code of
the City of Fort Collins Regulating Medical Marijuana Businesses to Align Medical Marijuana Code
Provisions to State Law, Rules and Regulations.
B. Second Reading of Ordinance No. 035, 2018, Amending Article XVII of Chapter 15 of the Code
of the City of Fort Collins Regulating Retail Marijuana Businesses to Align Retail Marijuana Code
Provisions to State Law, Rules and Regulations.
These Ordinances, unanimously adopted on First Reading on February 20, 2018, amend the City
Code to align medical marijuana provisions in the City Code to the state regulations and make similar
updates to the retail marijuana licensing provisions.
Ordinance No. 035, 2018, relating to Retail Marijuana licensing, has been amended on Second
Reading by adding to the definition of “Retail Marijuana Establishment Operator” that it is also known
as a “Retail Marijuana Business Operator” in the state law. The terms are used interchangeably in
state law.
Eric Sutherland stated voters cannot allow something that is prohibited by the City Charter without
first changing the Charter.
Greg Steinberg, Growcentia, stated his company’s ability to improve products and ensure quality
control is dependent on this decision.
Max Poling, Infinite Wellness Center, supported the item and stated moving forward with state
regulation adoptions is ideal.
Mayor Troxell noted this item is not to update old laws but rather would put Fort Collins into
alignment with some of the state statutes that have changed over the years.
March 6, 2018
City of Fort Collins Page 197
Councilmember Cunniff stated he does not believe this action would violate the City Charter.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 034, 2018, on Second Reading.
RESULT: ORDINANCE NO. 034, 2018, ADOPTED ON SECOND R [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Stephens
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 035, 2018, on Second Reading.
RESULT: ORDINANCE NO. 035, 2018, ADOPTED AS AMENDED ON SECOND R
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Stephens
13. Resolution 2018-020 Removing the Condition Regarding Blockage of the Roadway Connection
Contained in Resolution 2016-019 Regarding the Appeal of Capstone Cottages Project
Development Plan, PDP 14004. (Adopted)
The purpose of this item is to seek approval by Council of the removal of barriers in order to allow one-
way southbound vehicular traffic via a connection built by Capstone Cottages apartment project. The
connection is currently restricted to bikes/pedestrians unless further action is taken by Council. 42%
of the households have provided input with 74% in support of opening the connection for vehicles.
Eric Sutherland questioned why this change was not contemplated in coordination with
development review of the Capstone project and in compliance with Land Use Code Section 3.2.2,
which requires connectivity between developments.
Leanna Vargas discussed traffic issues in the area and requested this street be opened.
Councilmember Overbeck commended the City for the neighborhood engagement.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution
2018-020.
Councilmember Cunniff stated this is a success of the City’s processes.
RESULT: RESOLUTION 2018-020 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Stephens
March 6, 2018
City of Fort Collins Page 198
14. Items Relating to Appointing Temporary Judges and Authorizing the Execution of Employment
Agreements. (Adopted)
A. Resolution 2018-021 Appointing Lisa D. Hamilton-Fieldman as Temporary Judge and Authorizing
the Execution of an Employment Agreement.
B. Resolution 2018-022 Appointing David Ayraud as Temporary Judge and Authorizing the
Execution of an Employment Agreement.
The purpose of this item is to appoint Lisa D. Hamilton-Fieldman and David Ayraud as temporary
judges to hear civil cases filed in Fort Collins Municipal Court. The City Charter provides for the
appointment of temporary judges to serve as City Council determines is necessary. Chief Judge
Kathleen M. Lane recommends that Ms. Hamilton-Fieldman and Mr. Ayraud be appointed as
Temporary Judges to handle such cases as assigned by the Chief Judge.
Eric Sutherland objected to the service plan agreements in writing and discussed David Ayreud’s
response to his request for public records pertaining to the Boxelder Stormwater Authority. He
stated there is a conflict of interest associated with having an employee of the office of the Larimer
County Attorney sitting on the Municipal Court bench.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution
2018-021.
Mayor Troxell stated both candidates are very qualified.
RESULT: RESOLUTION 2018-021 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Stephens
Mayor Pro Tem Horak made a motion, seconded by Councilmember Summers, to adopt
Resolution 2018-022.
Mayor Pro Tem Horak asked Judge Lane why she recommended Mr. Ayreud for this position.
Judge Lane replied the interview panel agreed these two were the best candidates. She commented
on Mr. Ayreud’s experience and stated she does not foresee conflict of interest issues.
Mayor Troxell noted Mr. Sutherland left prior to the conclusion of the item.
RESULT: RESOLUTION 2018-022 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Summers, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Stephens
• OTHER BUSINESS
March 6, 2018
City of Fort Collins Page 199
Mayor Pro Tem Horak requested staff provide an update on the underground utility replacement
near Library Park, including preemptive outreach.
City Manager Atteberry stated staff learned from the Walnut Street process and stated they will
provide an update on the Library Park process.
• ADJOURNMENT
The meeting adjourned at 8:01 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 200
March 20, 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, Cunniff, Horak
ABSENT: Troxell
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• CITIZEN PARTICIPATION
Caitlin Young discussed issues with the three-unrelated ordinance. She stated group housing can
aid in community goals such as ride sharing. She suggested those wanting to live in a group setting
could apply for an exemption to the ordinance and be required to meet certain standards to maintain
that exemption.
Forrest Carlson agreed with Ms. Young and discussed his willingness to work with the upcoming
City Plan update groups in light of his role as the owner of Copia Permaculture. He stated he
would like to create a presentation on permaculture for the City Plan efforts.
Stacy Lynne stated business owners in Fort Collins are being excluded from meetings about the
Sign Code update. She played audio clips from a February 1, 2018 Sign Code meeting and stated
the process has not been transparent.
John Anderson stated the City needs to act against fracking given the citizen vote. He opposed the
use of the term “wasteshed” and stated the three-unrelated ordinance goes against constitutional
rights.
Adam Lowell supported Ms. Young and her statements. He stated the three-unrelated ordinance
goes against civil liberties and unfairly targets lower-income residents.
Kathleen Benedict, Poudre National Heritage Area Executive Director, thanked Council and staff
for participating in the On the Trail to Health, Heritage, and Happiness wellness program. She
announced the Poudre Pour event on March 31.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Pro Tem Horak summarized the citizen comments and requested staff input regarding the
Sign Code issues. City Manager Atteberry stated he would be willing to sit down with Ms. Lynne
to discuss her concerns and will provide an update in writing to the Council. He noted the work
session on the topic is next Tuesday.
Councilmember Overbeck suggested Mr. Carlson meet with staff to discuss citizen input options
for the City Plan update.
March 20, 2018
City of Fort Collins Page 201
Councilmember Martinez thanked Ms. Benedict for her comments and requested staff look at the
three-unrelated ordinance issues. Mayor Pro Tem Horak noted ASCSU, CSU Administration, City
representatives, and Board of Realtors representatives, are participating in a conversation on the
topic.
Councilmember Cunniff stated he hears from constituents regarding the benefits of the three-
unrelated ordinance as well.
• CONSENT CALENDAR
Councilmember Cunniff withdrew Item No. 10, Resolution 2018-030 Approving an
Intergovernmental Agreement with the Fort Collins Urban Renewal Authority for the Authority's
Contribution of Funds to the City's Whitewater Park Project for Public Improvements, from the
Consent Agenda.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
1. Consideration and Approval of the Minutes of the February 20, 2018 Regular Meeting and the
February 27, 2018 Adjourned Meeting. (Adopted)
The purpose of this item is to approve the minutes from the February 20, 2018 Regular Council meeting
and the February 27, 2018 Adjourned Council meeting.
2. Second Reading of Ordinance No. 038, 2018, Establishing Rental Rates and Delivery Charges
for Use of Water Available Under the City's Raw Water Interests for 2018 Through March 2021.
(Adopted)
This Ordinance, unanimously adopted on First Reading on March 6, 2018, approves proposed
formula-based and fixed rates and charges for rental and delivery of Utilities’ raw water supplies for
three years: 2018, 2019, and 2020. This would be a change from the historical practice of having rates
and charges approved for one year at a time. Staff has utilized the proposed formulas to set rates and
charges since 2015. Staff is recommending a reduced rental rate of $400/acre-foot for fully
consumable water (down from $600/acre-foot) to reflect market conditions and recognize Utilities’
increased availability of these supplies. The rates and charges would be effective through March 2021,
to address the gap between the end of 2020 and anticipated Council approval of new rates and
charges in early 2021.
3. Second Reading of Ordinance No. 039, 2018, Authorizing the Lease of City-Owned Property
Located at 211 South Bryan Avenue to the Fort Collins Baseball Club, Inc. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 6, 2018. approves a lease of City-
owned property located at 211 South Bryan Avenue to the non-profit corporation Fort Collins Baseball
Club (FCBC). FCBC provides recreational programs to citizens and non-profit organizations. FCBC
is requesting a less than market lease rate of $25 per year for a period of up to 25 years (10-year lease
with 3 five-year extensions at the City’s option).
March 20, 2018
City of Fort Collins Page 202
4. Second Reading of Ordinance No. 040, 2018, Declaring Certain City-Owned Property at
Arapaho Bend Natural Area as Road Right-of-Way. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 6, 2018, converts approximately
0.105 acres of Arapaho Bend Natural Area to road right-of-way. The City intends to construct road and
intersection improvements, relocate utilities, 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 Americans with Disabilities Act (ADA) accessible sidewalk connections.
5. Second Reading of Ordinance No. 041, 2018, Authorizing the Conveyance of an Electric Line
Easement on City Property at Soaring Vista Natural Area to the City of Loveland. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 6, 2018, authorizes conveyance of
an electric line easement to the City of Loveland on Soaring Vista Natural Area. The line is an extension
of a project approved by City Council in August 2016 on the Northern Colorado Regional Airport
property. The electric utility line currently extends from Loveland’s Crossroads Substation at Boyd
Lake Road north to County Road 30. The underground utility line is intended to extend east along
County Road 30 to Interstate 25. The expanded utility service is needed to serve growing development
in the area. The 25- foot wide easement will run under the Natural Area for approximately 688 linear
feet - totaling 17,204 square feet or 0.40 acres.
6. First Reading of Ordinance No. 042, 2018, Appropriating Unanticipated Revenue Received
From the Estate of Marjorie J. McTaggart in the Recreation Fund to be Paid to the Fort Collins
Senior Center Endowment Fund For Use to Benefit the Senior Center. (Adopted)
The purpose of this item is to recognize receipt of and appropriate a gift from the Estate of Marjorie J.
McTaggart for the Fort Collins Senior Center in the amount of $38,581.00.
7. First Reading of Ordinance No. 043, 2018, Appropriating Unanticipated Revenue into the
Capital Project Fund for the North College Improvements Project – Canal to State Highway 1
and for Transfer from the Capital Project Fund to the Cultural Services and Facilities Fund for
the Art in Public Places Program. (Adopted)
The purpose of this item is to appropriate unanticipated revenue in the amount of $156,144 into the
Capital Project Fund for the North College Improvements Project-Canal to State Highway 1. Funds to
be appropriated were collected as a payment-in-lieu of frontage improvement obligations from a recent
development near the Project location. After this appropriation, the total appropriated funding for the
Project will be approximately $2.35 million.
8. First Reading of Ordinance No. 044, 2018, Appropriating Prior Year Reserves in the General
Fund for Waste Reduction and Diversion Projects Approved as Part of the Waste Innovation
Program. (Adopted)
The purpose of this item is to move $111,000 accumulated during 2017 in the Waste Innovation Fund
account into the City’s General Fund account for approved projects to develop new organizational
processes that enable departments to divert more waste material from landfill disposal.
9. Resolution 2018- 029 Approving an Exception to the Use of a Competitive Process for an
Enterprise License Agreement with ESRI for GIS Software. (Adopted)
The purpose of this item is to request an exception to the use of a competitive bid or proposal process
for the purchase of a three-year Enterprise License Agreement (ELA) from ESRI, as the alternative is
contrary to the City’s best interests. ESRI’s suite of Geographic Information System (GIS) software
products are used throughout the City by many departments. The software and its data are integral
to several other software solutions. The ELA is a cost-effective approach that allows for an unlimited
number of users to make use of this software and also provides for access to future upgrades, updates
March 20, 2018
City of Fort Collins Page 203
and patches. ESRI’s software is proprietary and is only available through them; they do not work with
resellers.
10. Resolution 2018-031 Consenting to the Dissolution of Harmony Technology Park Metropolitan
District No. 1 and Harmony Technology Park Metropolitan District No. 3. (Adopted)
The purpose of this item is to authorize the dissolution of Harmony Technology Park Metropolitan
District No. 1 and No. 3 (collectively the “Districts”). City Council authorized the formation of Harmony
Technology Park Metropolitan Districts No. 1, 2, and 3 by Resolution 2009-092 on September 15,
2009. The consolidated service plan (the “Service Plan”) for these districts contemplated a multi-district
approach to follow phasing of the project. The two districts are not providing any services to the
Harmony Technology Park development, all services are proved by the City, District No. 2 or other
jurisdictions. Therefore, dissolving the two districts will have no adverse impact on services.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Martinez commented on Item No. 6, First Reading of Ordinance No. 042, 2018,
Appropriating Unanticipated Revenue Received From the Estate of Marjorie J. McTaggart in the
Recreation Fund to be Paid to the Fort Collins Senior Center Endowment Fund For Use to Benefit
the Senior Center, as being a good news item.
Mayor Pro Tem Horak commented on Item No. 7, First Reading of Ordinance No. 043, 2018,
Appropriating Unanticipated Revenue into the Capital Project Fund for the North College
Improvements Project - Canal to State Highway 1 and for Transfer from the Capital Project Fund
to the Cultural Services and Facilities Fund for the Art in Public Places Program, stating it will
complete a pedestrian gap.
• COUNCILMEMBER REPORTS
Councilmember Overbeck announced a neighborhood meeting with Buckingham residents and
area business and breweries. He thanked the Colorado Municipal League and the National League
of Cities for the conference in Washington, D.C. He reported on Library statistics from the
previous year.
Councilmember Martinez reported on the National League of Cities conference and the My
Healthy Hometown prescription program. He also reported on the Public Safety and Crime
Prevention advocacy committee meeting at the conference and discussed broadband access.
Councilmember Stephens reported on the National League of Cities conference and a meeting on
civility. She reported on Women’s History Month events including the Women’s Commission
honoring of SAVA and on ASCSU’s newly formed Women’s Caucus.
Mayor Pro Tem Horak reported on attending a symposium by the League of Women Voters
dealing with the monitoring of abandoned oil and gas wells. He also reported on attending a
meeting with the Department of Transportation regarding north I-25 improvements in Washington,
D.C
March 20, 2018
City of Fort Collins Page 204
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
11. Resolution 2018-030 Approving an Intergovernmental Agreement with the Fort Collins Urban
Renewal Authority for the Authority's Contribution of Funds to the City's Whitewater Park
Project for Public Improvements. (Adopted)
The purpose of this item is the approval of an intergovernmental agreement between the City of Fort
Collins (City) and the Fort Collins Urban Renewal Authority (URA), which memorializes the terms of
acceptance of $300,000 in URA support for the City’s Whitewater Park Project. The URA investment
is provided in recognition of project benefits that will accrue to the North College URA plan area as a
result of the project.
Note: The URA Board will consider the Whitewater Park Project request the same evening this item
is considered. Should the URA Board not support the Whitewater Park Project request, the
intergovernmental agreement will not be entered into by the City and URA.
Josh Birks, Economic Health and Redevelopment Director, stated this item is an intergovernmental
agreement that accepts the $300,000 that the Urban Renewal Authority will consider providing as
funding for the whitewater park project.
Councilmember Cunniff stated his concern has more to do with the timing of this URA and City
joint action prior to the new URA Board being seated. He asked how critical the timing of the
URA item is to the building of the park. Kurt Friesen, Park Planning Director, replied permitting
and design are nearing completion and the goal is to begin construction in the late spring or
summer.
Birks stated a joint work session that will include the four new URA Boardmembers is scheduled
for May 11. The official seating of the Boardmembers will take place shortly thereafter. He noted
this is not a triggering event as it is not changing the plan area or contents.
Councilmember Cunniff stated these funds could be spent elsewhere or returned to the entities that
will be part of the new URA Board.
Councilmember Cunniff asked if this funding is for the Vine Drive improvement section of the
plan. Birks replied in the affirmative.
Councilmember Cunniff asked if it is critical this action is taken in advance of the rest of the
construction. Birks replied it is likely the Vine Drive portion of the project will be more toward
the end of the timeline; therefore, it is possible to uncouple the items.
City Manager Atteberry stated this is a complicated project with several sources of funding. He
discussed the importance of predictability with the various funding sources as construction begins.
Councilmember Martinez stated the existing Board has made these decisions thus far.
Councilmember Cunniff questioned whether the end result could be better if the new URA Board
were seated.
Councilmember Stephens made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-030.
March 20, 2018
City of Fort Collins Page 205
Councilmember Stephens stated she understood Councilmember Cunniff’s question, but also
understands the funding issues.
Mayor Pro Tem Horak stated he would support the Resolution; however, he will have some
concerns when the item is considered during the URA Board.
RESULT: RESOLUTION 2018-030 ADOPTED [5 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Horak
NAYS: Cunniff
ABSENT: Troxell
• DISCUSSION ITEMS
12. First Reading of Ordinance No. 045, 2018, Amending Chapter 7 of the City Code to Amend
Requirements and Procedures for Elections. (Adopted on First Reading)
The purpose of this item is to clarify and improve various provisions in the City Code relating to
municipal elections. Recommended changes include naming the City Clerk as the Designated Election
Official, defining the terms “public announcement" and “registered agent”, and amending the time for
candidates to file a financial disclosure statement when accepting nomination for office. Amendments
are proposed for the registration and termination of committees and to allow for implementation of
signature verification for the 2019 election.
City Clerk Coldiron discussed the history of the Election Code Committee and subsequent
recommended Code changes. She outlined the proposed changes related to this item.
Glen Akins supported the noon Friday before the election deadline as proposed.
Councilmember Stephens discussed the public input received at the Election Code Committee
meetings, primarily around increasing transparency. These proposed changes will also help to
terminate inactive committees, clarify a public announcement for candidacy, and make the City
compliant with state signature verification requirements.
Councilmember Cunniff noted these changes add two new reporting requirements.
Councilmember Overbeck noted the Committee will be meeting regularly for the next few months.
Councilmember Stephens made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 045, 2018, on First Reading.
RESULT: ORDINANCE NO. 045, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
March 20, 2018
City of Fort Collins Page 206
• ADJOURNMENT
The meeting adjourned at 7:43 p.m.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 207
April 3, 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, Jensen
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• CITIZEN PARTICIPATION
George Grossman questioned how the City could help the vitality of small businesses. He stated
there is a lack of coordination between City departments with regard to economic vitality. He
noted the Economic Health Department has not weighed in on the Sign Code changes.
Ursula Lord discussed the increasing goose population and requested Council read an opinion
piece she wrote for the Coloradoan.
Margaret Mitchell stated there is not enough handicap parking at the Senior Center and discussed
the planning process related to a lot on the 800 block of East Elizabeth.
Stacy Lynne discussed the Sign Code update and varying City statements regarding murals.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell summarized the citizen comments and encouraged Mr. Grossman to attend
meetings of the Economic Advisory Board.
Councilmember Cunniff requested a timeline of the evaluation of the Senior Center handicap
spaces and information as to any City plans related to the geese population.
Councilmember Martinez requested staff input regarding Ms. Lynne’s comments. Tom Leeson,
Community Development and Neighborhood Services Director, replied murals will not be part of
the phase two Sign Code update.
• CONSENT CALENDAR
Councilmember Cunniff withdrew Item No. 6, First Reading of Ordinance No. 047, 2018,
Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the
Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation
Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the
East Prospect Road Improvements Project and Transferring Appropriations from the Capital
Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program,
from the Consent Agenda.
April 3, 2018
City of Fort Collins Page 208
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
1. Second Reading of Ordinance No. 042, 2018, Appropriating Unanticipated Revenue Received
From the Estate of Marjorie J. McTaggart in the Recreation Fund to be Paid to the Fort Collins
Senior Center Endowment Fund For Use to Benefit the Senior Center. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 20, 2018, appropriates unanticipated
revenue in the amount of $38,581, received from the Estate of Marjorie J. McTaggart, for use by the
Fort Collins Senior Center.
2. Second Reading of Ordinance No. 043, 2018, Appropriating Unanticipated Revenue into the
Capital Project Fund for the North College Improvements Project - Canal to State Highway 1
and for Transfer from the Capital Project Fund to the Cultural Services and Facilities Fund for
the Art in Public Places Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 20, 2018, appropriates unanticipated
revenue in the amount of $156,144 into the Capital Project Fund for the North College Improvements
Project-Canal to State Highway 1. Funds to be appropriated were collected as a payment-in-lieu of
frontage improvement obligations from a recent development near the Project location. After this
appropriation, the total appropriated funding for the Project will be approximately $2.35 million.
3. Second Reading of Ordinance No. 044, 2018, Appropriating Prior Year Reserves in the General
Fund for Waste Reduction and Diversion Projects Approved as Part of the Waste Innovation
Program. (Adopted)
This Ordinance, unanimously adopted on Frist Reading on March 20, 2018, appropriates $111,000
accumulated during 2017 in the Waste Innovation Fund account into the City’s General Fund account
to approve projects to develop new organizational processes that enable City departments to divert
more waste material from landfill disposal.
4. Second Reading of Ordinance No. 045, 2018, Amending Chapter 7 of the City Code to Amend
Requirements and Procedures for Elections. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 20, 2018, amends City Code relating
to municipal elections. Changes include naming the City Clerk as the Designated Election Official,
defining the terms “public announcement" and “registered agent”, and amending the time for
candidates to file a financial disclosure statement when accepting nomination for office. Amendments
are proposed for the registration and termination of committees and to allow for implementation of
signature verification for the 2019 election.
5. First Reading of Ordinance No. 046, 2018, Reappropriating Funds Previously Appropriated in
2017 But Not Expended and Not Encumbered in 2017. (Adopted)
The purpose of this item is to reappropriate monies in 2018 that were previously authorized by City
Council for various expenditures in 2017. The authorized expenditures were not spent or could not be
encumbered in 2017 because:
• there was not sufficient time to complete bidding in 2017 and therefore, there was no known vendor
or binding contract as required to expend or encumber the monies,
• the project for which the dollars were originally appropriated by Council could not be completed
during 2017 and reappropriation of those dollars is necessary for completion of the project in 2018,
or
April 3, 2018
City of Fort Collins Page 209
• the funds appropriated in 2017 for certain ongoing programs, services, and facility improvements
remained unspent at the end of 2017 for the various reasons discussed below, but continue to be
needed in 2018 for these programs, services and facility improvements.
6. First Reading of Ordinance No. 048, 2018, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the
Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the
Transportation Fund into the Capital Project Fund for the South Timberline Road
Improvements Project and Transferring Appropriations from the Capital Project Fund to the
Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted)
The purpose of this item is to appropriate $549,496 into the Capital Project Fund for the South
Timberline Road Improvement Project. This funding will be used to initiate the design for the project.
In addition, this item will authorize the transfer of $5,495, one percent of the appropriated funds, from
the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This
project will reconstruct South Timberline Road from Stetson Creek Drive to Trilby Road to the City’s
four lane arterial roadway standard. Planned improvements include: intersection improvements at
Kechter Road, Zephyr Road, and Trilby Road; multi-modal accommodations; raised medians; access
control; landscaping improvements; and roadway improvements. This project serves to build upon
the development improvements that have been completed along the corridor. This project will improve
safety, reduce congestion, and provide improved accommodations for alternate travel modes. Staff
anticipates an overall project budget of $5,900,000 and an anticipated construction start date of 2021.
7. First Reading of Ordinance No. 049, 2018, Appropriating Prior Year Reserves in the Utility
Customer Service and Administration Fund for Cyber Security and System Enhancements for
the Utilities Customer Information System. (Adopted)
The purpose of this item is to fund security improvements identified in a 2017 assessment of the
Utilities customer information system. This system is the Utilities’ primary tool for processing about
$200 million in revenue annually, and it supports multiple critical integrated systems that Utilities relies
on for daily operations in the delivery of accurate billing. Given the expected lifespan of the system, it
is crucial that it is protected and supported until such time as a new billing system is implemented.
8. First Reading of Ordinance No. 050, 2018, Appropriating Unanticipated Grant Revenue in the
Light and Power Fund for the Peak Notification Pilot Project. (Adopted)
The purpose of this item is to appropriate $18,500 in grant revenues from the American Public Power
Association into the Fort Collins Utilities Light and Power Operations fund to pilot a peak load
notification project. This pilot project will be internal to the City of Fort Collins. It will educate staff
members from various departments about coincident peak and provide tools to help City staff conserve
power during peak events.
9. First Reading of Ordinance No. 051, 2018, Amending Chapter 26 of the Code of the City of Fort
Collins Regarding Reimbursement Agreements for the Construction of Water and Sewer Mains.
(Adopted)
The purpose of this item is to amend City Code sections related to reimbursement agreements for the
construction of water and sewer mains. These sections of Code define requirements by which private
parties may seek reimbursement from adjacent property owners for installation of public water and
sewer infrastructure. As written, the Code language applies to greenfield development, which is
growing less common in Fort Collins. The proposed Code changes would make the reimbursement
agreements also applicable to infill, redevelopment, and existing development and thus be more useful
to the City and developers.
April 3, 2018
City of Fort Collins Page 210
10. Resolution 2018-032 Authorizing the City Manager to Enter Into an Intergovernmental
Agreement Concerning the Northern Colorado Regional Communication Network. (Adopted)
The purpose of this item is to authorize the City to enter into an updated intergovernmental agreement
(IGA) concerning the Northern Colorado Regional Communications Network (NCRCN). This IGA
establishes three primary partners (the City of Fort Collins, the City of Loveland, and Larimer County)
as “Partner Agencies”, and identifies the responsibilities in sharing in the management, use, and cost
of operating the regional radio communications system. It also outlines the division of existing radio
assets.
11. Resolution 2018-033 Approving an Exception to the Use of a Competitive Process for an
Agreement with Itron Distributed Energy Management, Inc. for Demand Response Services.
(Adopted)
The purpose of this item is to request an exception to the use of a competitive bid or proposal process
to pursue an agreement with Itron (formerly Comverge) to continue to provide operations, software
support and field services in support of the Peak Partners demand response program.
Exception to Competitive Bid or Proposal Rationale:
8-161(d)(1)b. Although there exists more than one responsible source a competitive process cannot
reasonably be used or, if used will result in a substantially higher cost to the City, will otherwise injure
the City’s financial interest, or will substantially impede the City’s administrative functions or the
delivery of services to the public.
12. Resolution 2018-034 Adopting Amended Rules of Procedure Governing the Conduct of City
Council Meetings and Council Work Sessions. (Adopted)
The purpose of this item is to update the Rules of Procedure to clarify that the City Manager may
remove items from the Consent Calendar, provide parameters for the use of recording equipment
during Council meetings and to manage the use of the City’s display equipment in Council chambers
by requiring citizens who wish to display materials for Council’s consideration to provide the materials
to the City Clerk no later than 2 hours before the beginning of the Council meeting.
13. Resolution 2018-035 Appointing Alexandra Reuter to the Parking Advisory Board of the City of
Fort Collins. (Adopted)
The purpose of this item is to appoint Alexandra Reuter to fill a vacancy that exists on the Parking
Advisory Board due to the resignation of Nicholas Bohn, whose term of expiration is December 31,
2019. Councilmembers interviewed applicants solicited in the fall of 2017, and in December, identified
Ms. Reuter as an alternate if a vacancy arose during the year.
• END CONSENT
• STAFF REPORTS
John Phelan, Energy Services Manager, reported on the energy portfolio evaluation. He discussed
the guiding principles for Energy Services and their work with Platte River Power Authority to
gain statistically significant data regarding energy savings.
Mark Sears, Natural Areas Manager, discussed a land conservation success story involving four
private property owners and three partners, Larimer County, the City, and GoCo. He commended
the collaboration efforts.
April 3, 2018
City of Fort Collins Page 211
Councilmember Cunniff stated this is fantastic news and stated the property is a huge asset for
citizens.
Councilmember Summers thanked the GOCO members for attending the meeting.
• COUNCILMEMBER REPORTS
Mayor Pro Tem Horak reported on Larimer County’s transportation infrastructure funding
strategies meeting and the Boxelder Regional Stormwater Authority meeting.
Mayor Troxell introduced Tegan Janson, a student at Fort Collins High School who has been
shadowing him for the day.
Councilmember Martinez reported on the Neighbor to Neighbor soup supper.
Councilmember Stephens reported on a tour of Redtail Ponds.
Mayor Troxell reported on the Poudre Pours event for the Poudre Heritage Alliance.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
14. First Reading of Ordinance No. 047, 2018, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the
Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the
Transportation Fund into the Capital Project Fund for the East Prospect Road Improvements
Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services
and Facilities Fund for the Art in Public Places Program. (Adopted on First Reading)
The purpose of this item is to appropriate $600,000 into the Capital Project Fund for the East Prospect
Road Improvements Project. In addition, this item will authorize the transfer of $6,000, one percent of
the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for
Art in Public Places. This project will reconstruct East Prospect Road as a four-lane arterial roadway
from Sharp Point Drive to Interstate-25 (I-25) western frontage road as identified on the City’s Master
Street Plan. Improvements include the addition of two travel lanes, bike lanes, pedestrian facilities,
utility improvements, intersection improvements at Prospect Road and Summitview Drive, and
landscaped medians and parkways. This project will complement the Colorado Department of
Transportation’s (CDOT) I-25 and Prospect Road Interchange improvements planned to begin
construction in 2019. Appropriated funds will enable the initiation of the design process for the project.
Construction funds have not yet been identified. Staff anticipates an overall project budget of
$4,000,000 and an anticipated construction start date of 2020. Staff anticipates the completion of both
projects in 2021.
Councilmember Cunniff stated his concerns are primarily with process and timeline with respect
to the general budgeting processes. He asked when it was determined East Prospect construction
would occur along with the I-25 improvements. Chad Crager, City Engineer, replied East Prospect
has been identified on the Master Street Plan to eventually be a 4-lane road and traffic volumes
are approaching that level. The coordination with CDOT started in the fall.
Laurie Kadrich, Planning, Development, and Transportation Director, replied the project has been
discussed among staff for the last six months or so.
April 3, 2018
City of Fort Collins Page 212
Councilmember Cunniff asked if it would be possible to have some Finance Committee discussion
about the combined projects prior to Second Reading of the Ordinance. Mike Beckstead, Chief
Financial Officer, replied that can be arranged.
Councilmember Cunniff stated he is concerned about the number of out-of-cycle budget requests
that do not allow Council to examine the totality of the effects on the budget. City Manager
Atteberry agreed with the concern and acknowledged this was a miss.
Councilmember Cunniff asked if the Transportation Board is involved in any of these items in
terms of providing a recommendation. Crager replied the West Prospect project was brought
before the Board in January.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance
No. 047, 2018, on First Reading.
Mayor Pro Tem Horak asked why the Art in Public Places appropriation is included at this time.
City Attorney Daggett replied the Code describes the process as happening at the time of
appropriation of funds for the project.
Councilmember Stephens stated the process could have been better; however, Prospect Road needs
the improvements.
RESULT: ORDINANCE NO. 047, 2018, ADOPTED ON FIRST READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
NAYS: Cunniff
• DISCUSSION ITEMS
15. Consideration of an Appeal of the Landmark Preservation Commission Decision Regarding the
Eligibility of the Spradley Barr Property, 2601 South College Avenue, to Qualify as a Landmark.
(Landmark Preservation Commission Overturned)
The purpose of this item is to consider an appeal of the Landmark Preservation Commission’s (LPC)
de novo decision made on February 21, 2018, finding that the property at 2601 South College Avenue
is eligible for individual landmark designation. This decision was consistent with the initial decision
made by the Community Development and Neighborhood Services Director and the LPC Chair. On
March 7, 2018, an appeal was filed challenging the LPC’s decision. Only parties-in-interest as defined
in City Code Section 2-47 may participate in this hearing and the scope of the appeal is limited to those
items identified as grounds for appeal in the Notice of Appeal.
City Attorney Daggett reviewed the appeal process.
Lucia Liley, attorney for Brinkman Development, requested presentations be extended to 20
minutes given there will not be rebuttal. Mayor Troxell agreed.
Laurie Kadrich, Planning, Development, and Transportation Director, stated this is an appeal of
the Landmark Preservation Commission decision that the property at 2601 South College Avenue,
the current Spradley Barr Mazda dealership, is eligible for landmark status. Kadrich showed
photos of the property.
April 3, 2018
City of Fort Collins Page 213
Mayor Troxell noted there was a site visit and requested staff respond to questions submitted by
Councilmembers. Maren Bzdek, Historic Preservation Planner, stated the first question was, what
evidence was used for the Landmark Preservation Commission’s conclusions regarding the angle
of the showroom building to the intersection of Drake and College. Photos and sketch evidence
indicated the angled orientation of the main building is toward the intersection.
Bzdek stated the second question related to historic context and evidence provided to support the
Commission’s understanding of context. At the site visit, staff described the context noting the
building is at the intersection of two major streets and, at the time of construction, the building
was at the edge of town. Context also includes the description of the property, photos, and site
maps.
The third question related to the role of the building topography in how the site was developed.
Photos of the site during construction show excavation in front of the showroom building, which
created an area of lower elevation along College. It appears the building was constructed higher
than the surrounding terrain.
Bzdek stated the architect and contractor associated with the design and construction of the
building is unknown at this time. In terms of which historic materials are still intact, Bzdek replied
original materials include the walls of natural rough stone set into concrete, the canopy, the large
single-pane glass windows set into metal frames, the concrete block 16-bay service station, and 7
of the original overhead rolling garage doors. Historic materials that have been changed consist
of the roofing material, most of the overhead rolling garage doors, two small pre-fabricated
buildings.
Mayor Pro Tem Horak expressed concern this is more detailed information than what is in the
record. City Attorney Daggett replied staff is responding to the Mayor’s request that they provide
responses to questions asked.
Councilmember Cunniff stated more questions were asked at the site visit than usual and
questioned best practices. He asked how to ensure these kinds of questions and this process are
properly part of the record should Council’s decision be appealed. City Attorney Daggett replied
Councilmembers are authorized to ask questions during the hearing and the Mayor has asked staff
to describe the questions that were asked at the site visit.
Councilmember Cunniff suggested providing answers in writing in the future. Mayor Troxell
stated he understood that the questions would be answered in writing as well; however, having this
information in the record could be helpful for the appellants. He requested staff begin to provide
more succinct answers.
Ms. Liley stated she does not have any objection to more succinct answers; however, she noted a
great deal of new information is being brought forward that was not part of the record.
Bzdek continued stating some of the upper windows have also been replaced.
Bzdek stated staff does not have information about the eligibility of the Key Bank building at this
time. She stated the determination of eligibility is based on the sum total of all the resources on
the property and the significant aspects of each building are considered separately.
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City of Fort Collins Page 214
Regarding the influence of the Ghent family’s history, Bzdek stated the LPC did not believe it had
sufficient information about the Ghent family and declined to make a finding related to
significance. Bzdek stated there were several examples of pre-war auto dealerships in the
downtown area; however, none of them are unaltered enough to be eligible for landmark
designation.
Bzdek stated Council asked staff to provide a summary of the elements the LPC found to contribute
to the significance and integrity versus the federal standards. She stated the City’s local Code
ordinance is based on the federal standards.
Bzdek answered questions related to the evidence provided for the original determination of
eligibility and stated staff did not provide a recommendation because this was an appeal.
Bzdek stated the carriage steps are engraved with the name W.A. Drake, in reference to a state
senator who constructed his home at this location.
Mayor Troxell asked Councilmembers to comment on observations made at the site visit.
Councilmember Cunniff stated he listened to the presentation and had observations and questions
about the orientation of the building, the materials, and the site plan and elevations.
Councilmember Overbeck stated he observed the building orientation and façade.
Councilmember Martinez stated he observed the building façade.
Mayor Troxell stated he asked most of the questions which were driven by the lack of
understanding by the LPC in their questions. He stated the Commission did not appear to have an
understanding of the property.
Mayor Troxell asked if there are any procedural issues.
Councilmember Overbeck discussed a 2013 article in the Denver Post in which the Ghent family’s
ties to Fort Collins were outlined. He asked if that may have some bearing on the discussion.
Councilmember Cunniff requested Council and the appellant receive copies of the staff responses
to questions prior to the appellant’s presentation.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
City Attorney Daggett noted staff has provided a written version of the questions and answers
discussed earlier in the hearing.
Ms. Liley stated Brinkman has yet to file a PDP application for this project; however, its goals
include tiered density, retail, hotel, multi-family, improved intersections, pedestrian, MAX line,
and bike connectivity, building orientation toward streets, and a grand promenade. Brinkman
believes the existing structures and parking lots need to be demolished for the project to be feasible.
Ms. Liley discussed the Code requirements for determination of eligibility: significance and
exterior integrity and discussed an independent firm’s completion of the inventory form required
by the state and the City’s Code. The firm, Autobee and Autobee, recommended the property not
be considered individually eligible and, at the LPC hearing, Ms. Autobee testified there had been
April 3, 2018
City of Fort Collins Page 215
so many changes to the character-defining elements of the building, there was not enough left to
meet the integrity standard. Ms. Liley discussed the changes made to the building since its
construction.
Ms. Liley stated the Autobee report concluded this site does not meet any of the criteria for
significance; however, the LPC made a finding of significance based on two of the four criteria:
pattern of events and design and construction. Ms. Liley referenced Ms. Autobee’s testimony
related to this topic.
Ms. Liley discussed the stated policies and purposes related to historic preservation in Chapter 14.
She requested Council uphold the appeal and noted the carriage steps are planned to be preserved
by Brinkman in a park or gathering area.
Councilmember Cunniff noted this is a determination of eligibility rather than a designation.
Kadrich replied standards would apply to the site if it is determined to be eligible because the
applicant would be requesting a commercial redevelopment; however, eligibility does not
guarantee a designation, nor would it require an owner to proceed with a designation.
Councilmember Cunniff asked if the City Code requires that all the elements be met for eligibility.
Assistant City Attorney Brad Yatabe replied significance and exterior integrity need to be
established, and each of those standards contain different factors. Additionally, the context must
be considered. At least one of the factors of significance must be present and a minimum number
of factors must be met for exterior integrity; however, there is some latitude left to the decision
maker.
Councilmember Cunniff asked if the Code requires the architectural style to be unique or one-of-
a-kind. Yatabe replied he is not aware of that requirement; the standards point to whether a
property is a good example of an architectural style.
Councilmember Martinez asked about the significance of the showroom being angled. Bzdek
replied there is no specific evidence or information as to why the building was constructed at an
angle. She showed photos of the building and discussed its elevation.
Councilmember Martinez asked who did the masonry work on the building. Bzdek replied staff
does not have that information.
Mayor Troxell stated staff provided a recommendation during the original determination of
eligibility. Kadrich replied staff did contribute to making the decision as the Director of
Community Development and Neighborhood Services participated in the original determination;
however, when that decision was appealed to the LPC, staff members make no recommendation
to the Commission.
Mayor Troxell stated the LPC struggled with coming to a determination based on eligibility.
Kadrich replied this type of review is done hundreds of times per year and the majority of these
initial reviews are determined to be not eligible.
Mayor Troxell stated he cannot understand why eligibility was determined originally given the
LPC struggled to attach meaning to the criteria.
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City of Fort Collins Page 216
Tom Leeson, Director of Community Development and Neighborhood Services, stated the process
for determination is conducted by himself and the LPC Chair, Meg Dunn in this case. The first
step is to determine whether the proposal is a minor or major amendment to the site; given this
was a demolition, it was determined to be major. The second step is to look at significance, which
was determined to exist in terms of association and representation of the auto industry.
Mayor Troxell stated some of the conclusions were not based on fact but rather on assumptions.
Leeson agreed and stated that is part of the reason the independent architectural survey is
requested. In this case, the report indicated the site was not eligible.
Mayor Troxell stated the report is the only piece of architectural research that has some basis for
suggesting what to be done. Leeson agreed.
Councilmember Martinez asked how the building’s orientation becomes evidence as part of the
historical significance of the site. Leeson replied the original decision was not based on the
orientation; it was referenced as being unique and the assumption was made that it was oriented
toward the intersection for greater site lines.
Councilmember Martinez asked where the carriage stairs were located originally. Leeson replied
staff is unaware if they have been moved; however, they were from the site. The stairs were not
part of the evaluation.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to overturn the
decision of the Landmark Preservation Commission that 2601 South College Avenue is eligible
for designation as a Fort Collins local landmark under City Code Section 14-5 because it failed to
properly interpret and apply relevant provisions of the Code.
Mayor Pro Tem Horak stated Ms. Autobee’s testimony and report were compelling and it appeared
the Commission was struggling to make its motion and decision. He suggested more precise
language be set for motions in quasi-judicial situations.
Councilmember Cunniff disagreed and noted the Commission found the building expressed the
aesthetic or historic sense of a particular period of time. He also noted the Code does not reference
the lexicon and stated the building does have significant, although not complete, historic materials
and it is clear the building orientation was a deliberate design choice. He stated the consultant
admitted errors in her interpretation related to the awning and taking the consultant’s opinion as
the only one that matters is incorrect.
Councilmember Stephens stated she agreed with the motion and discussed the changes in the
exterior integrity of the building over the years. She stated people do not see this building as a
local landmark.
Councilmember Martinez stated he does not view this building as being historic in any sense.
Mayor Troxell stated he views historic preservation as an important part of the City; however, this
structure is one year beyond the 50-year trigger for an eligibility discussion and 50 years is not
necessarily iconic of what drives decision-making criteria. He stated he would like the City to be
more proactive in terms of preservation of those buildings in the community that reach a standard
of preservation. He also stated there was a lack of understanding and appreciation of the Ghent
family and stated old does not necessarily mean historic.
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City of Fort Collins Page 217
Councilmember Martinez asked if the moss rock on the building was considered part of the historic
value. Leeson replied in the affirmative.
RESULT: LANDMARK PRESERVATION COMMISSION DECISION OVERTURNNED-
ADOPTED [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
NAYS: Cunniff
• OTHER BUSINESS
Councilmember Cunniff requested staff start to look at the City’s standards for site visits and
questions and how they fit into the body of evidence for appeal hearings.
Mayor Pro Tem Horak requested a memo as to the current policy related to Art in Public Places
appropriations.
• ADJOURNMENT
The meeting adjourned at 9:00 PM.
______________________________
Mayor
ATTEST:
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City Clerk