HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/07/2020 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE NAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY January 7, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the November 19 and December 3, 2019 Regular Council
Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the November 19 and December 3, 2019 Regular
Council meetings.
ATTACHMENTS
1. November 19, 2019 (PDF)
2. December 3, 2019 (PDF)
City of Fort Collins Page 313
November 19, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• PUBLIC COMMENT
Doug Macallister questioned the process related to an ethics complaint filed about two
Councilmembers’ involvement with the Hughes Stadium rezoning vote. Second Reading of the
rezoning ordinance should be postponed in order to allow the ethics complaint process to move
forward.
Adam Eggleston questioned why the “U+2” topic has fallen off Council's 6-month planning
calendar. The ordinance is not meeting its intended goals.
Stacey Lynne discussed the legal representation of a City employee.
Patricia Miller thanked Council for voting to adopt a resolution condemning conditions at the
border for immigrants.
Carter Hill advocated for additional mental health services in the community.
Nancy York reminded Council of the power it has to influence positive change. She commented
on the Green New Deal for public housing proposed by presidential candidate Bernie Sanders.
She advocated for improving transit and discouraging single vehicle use.
John Anderson stated Council’s actions have yet to reflect the climate emergency resolution it
adopted.
Eric Sutherland questioned how Councilmembers reached the conclusion that they may wield or
exercise governmental authority outside of a regular Council meeting. He stated the Urban
Renewal Authority is a bastardization of government.
Kristin Fritz, Housing Catalyst, acknowledged Council’s commitment to the development of
affordable housing in the community. She discussed the need for various funding sources for
permanent supportive housing and encouraged Council to adopt the fee waivers for Mason Place.
Greg Heffington concurred with Mr. Macallister’s comments.
November 19, 2019
City of Fort Collins Page 314
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell thanked the speakers and summarized the citizen comments. He noted there was
an ethics complaint filed against himself and Mayor Pro Tem Stephens regarding the Hughes
Stadium rezoning. He requested staff input regarding the topic. City Attorney Daggett replied the
City Code lays out the details about the Board of Ethics whose members are Councilmembers
Pignataro, Summers, and Stephens, with Mayor Troxell being the alternate. In the case of a
complaint naming multiple members of the Board, the remaining five members of the Council
become the default Board. The Board must review the complaint within 30 working days, which
will be December 30.
City Attorney Daggett stated the meeting will be a public meeting and the complaining parties are
provided notice of the meeting. At the conclusion of the review, the Board can choose whether
the complaint should move forward for further investigation. If that occurs, the complaint would
move to a more formal process resulting in a formal opinion which would go before Council.
Mayor Troxell stated he intends to recommend postponement of Item No. 8, Second Reading of
Ordinance No. 138, 2019, Amending the Zoning Map of the City of Fort Collins by Changing the
Zoning Classification for that Certain Property Known as the Hughes Stadium Site Rezoning and
Approving Corresponding Changes to the Residential Neighborhood Sign District Map.
Councilmember Pignataro stated the “U+2” item will be part of the affordable housing priorities
and strategic planning discussion on March 24.
Mayor Pro Tem Stephens thanked Ms. Miller for her comments and encouraged all citizens and
residents to participate in the 2020 census.
Councilmember Cunniff thanked Mr. Hill for his comments.
• CONSENT CALENDAR
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt and
approve all items on the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Items Relating to 2019 Fee Update. (Adopted)
A. Second Reading of Ordinance No. 130, 2019, Amending Chapter 7.5 of the Code of the City of
Fort Collins to Implement the Phase III Increases for the Capital Expansion Fees and Increase for
Inflation the Capital Expansion Fees and the Transportation Expansion Fee.
B. Second Reading of Ordinance No. 131, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the
Construction of New or Modified Electric Service Connections.
C. Second Reading of Ordinance No. 132, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Sewer Plant Investment Fees.
November 19, 2019
City of Fort Collins Page 315
D. Second Reading of Ordinance No. 133, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise the Stormwater Plant Investment Fees.
E. Second Reading of Ordinance No. 134, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Plant Investment Fees.
F. Second Reading of Ordinance No. 135, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise the Water Supply Requirements Fee.
These Ordinances, unanimously adopted on First Reading on November 5, 2019, update fees
associated with Electric Capacity Fees, Water Supply Requirement Fees, Wet Utility Plant Investment
Fees (PIFs) and Step III of the 2017 Capital Expansion Fees (CEFs). 2019 fee updates include: Electric
Capacity Fees, Water Supply Requirement Fees, Wet (Water, Wastewater and Stormwater) Utility
Plant Investment Fees and Step III of the 2017 Capital Expansion Fees.
2. Second Reading of Ordinance No. 136, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins to Clarify the Application of Certain Water-Related Fees to Different Forms of
Fraternity and Sorority Housing. (Adopted)
This Ordinance unanimously adopted on First Reading on November 5, 2019, amends Chapter 26 of
City Code to clarify the application of certain water-related fees to different forms of fraternity and
sorority housing.
3. Second Reading of Ordinance No. 137, 2019, Authorizing the City's Conveyance of Land to
Facilitate the Replatting of the Lot on which the City's Foothills Activity Center is Located.
(Adopted)
This Ordinance, unanimously adopted on First Reading on November 5, 2019, approves the exchange
of deeds between the City, the developer of the Foothills Mall and the owner of the Macy’s store in the
Mall. This exchange of deeds is needed to replat the lot on which the City’s Foothills Activity Center
(FAC) is now located to eliminate small encroachments that currently exist between the City’s FAC lot
and adjacent properties owned by the Mall developer and Macy’s. This replatting will remove these
encroachments and ensure that the FAC, as built, is located entirely and correctly within the City’s
replatted lot.
4. First Reading of Ordinance No. 139, 2019, Appropriating Prior Year Reserves for the Purchase
of Property on West Vine Drive. (Adopted)
The purpose of this item is to appropriate prior year reserves in the Storm Drainage Fund to purchase
a portion of the property at 1337 West Vine Drive. This parcel is needed in order to construct the West
Vine Outfall, which is part of the approved West Vine Basin Master Drainage Plan.
5. First Reading of Ordinance No. 140, 2019, Appropriating Prior Year Reserves in Various City
Funds to Reimburse Capital Expansion and Utility fee Funds and Housing Catalyst for Fees
Waived for the Mason Place Affordable Housing Project. (Adopted)
The purpose of this item is to appropriate funds from the Affordable Housing Capital Fund in the
Community Capital Improvement Program and General Fund reserves to reimburse certain City
Departments and Housing Catalyst for fees that were waived for the Mason Place affordable housing
project.
6. Resolution 2019-106 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins, the Town of Windsor and the City of Greeley for the Operation of the
Poudre Express. (Adopted)
The purpose of this item is to authorize the execution of an Intergovernmental Agreement (IGA) with
Greeley Evans Transit (GET) for the operation of the Poudre Express, the new regional fixed route
November 19, 2019
City of Fort Collins Page 316
bus service between Greeley and Fort Collins. GET will operate the Poudre Express, with runs
between Greeley and Fort Collins. This will be funded through cooperation with GET and partner
agencies, including the Town of Windsor and City of Fort Collins.
7. Resolution 2019-107 Concerning the Fort Collins Urban Renewal Authority and Its Tax
Increment Revenue Refunding Bonds (Prospect South), Series 2019; Declaring the City
Council's Present Intent to Appropriate Funds to Replenish the Reserve Fund Securing Such
Bonds, If Necessary; and Authorizing a Cooperation Agreement and other Actions Taken in
Connection Therewith. (Adopted)
The purpose of this item is for the City Council to consider a Replenishment Resolution, which both
provides a “Moral Obligation Pledge” to the Fort Collins Urban Renewal Authority (URA) and approves
a Cooperation Agreement between the City and the URA in connection with the revenue bond
issuance considered by the URA Board at its November 7, 2019 meeting.
In 2013, the City loaned the URA $5 million to reimburse a developer for eligible expenses as part of
the Summit development in the Prospect South Tax Increment Financing District (Prospect South TIF
District). In 2014, the City loaned the URA $274,000 for eligible expenses related to the Prospect
Station development in the Prospect South TIF District. The City has requested the URA to consider
refinancing these loans to free up the $5 million for investing in other community priorities. The URA
may also benefit from refinancing by being able to issue bonds with lower interest rates than the
existing loan. As part of this refinance, the URA is seeking a moral obligation from the City for this
bond issuance. The moral obligation would result in improved bond ratings and reduced debt service
costs to the URA.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Mayor Pro Tem Stephens noted the new permanent supportive housing Mason Place development
for which fees were waived as part of Item No. 5, First Reading of Ordinance No. 140, 2019,
Appropriating Prior Year Reserves in Various City Funds to Reimburse Capital Expansion and
Utility fee Funds and Housing Catalyst for Fees Waived for the Mason Place Affordable Housing
Project.
Mayor Troxell commented on the housing provided by Housing Catalyst, stating the organization
is an important part of the community.
City Manager Atteberry clarified there is not currently a planned discussion around the occupancy
ordinance as suggested by Councilmember Pignataro. He thanked Mr. Hill for his comments.
• STAFF REPORTS
A. Community Dashboard Metric-Average Number of Transfort Riders per Hour of Operation (staff: Drew
Brooks)
Drew Brooks, Transfort and Parking Services Director, discussed the community dashboard metric
of average number of Transfort riders per hour of operation. He noted the metric is aligned with
a strategic objective related to transportation and a Council priority related to increasing Transfort
ridership. The average number of riders per hour tends to fluctuate with the college calendar, but
the average number of riders over the entire system and across the calendar year, is 32. He stated
this number is above the national average for fixed bus service.
November 19, 2019
City of Fort Collins Page 317
Mayor Pro Tem Stephens asked which route is the next busiest beyond West Elizabeth. Brooks
replied it would be the North College routes.
Councilmember Summers asked if passenger count data is available for all routes. Brooks replied
that could be provided to Council in memo form.
Councilmember Summers asked if all routes have half hour turn times. Brooks replied in the
negative stating some have hour turn times. He noted those times do affect ridership.
B. Halligan Water Supply Project Update (staff: Carol Webb, Eileen Dornfest)
Eileen Dornfest, Utilities Special Projects Manager, stated the Halligan Water Supply Project is
days away from reaching a critical milestone in the federal permitting process after 13 years. She
discussed the project and its alignment with environmental health strategic objectives and outlined
the importance of the project for Fort Collins Utilities customers. She noted the project is the most
cost-effective option for providing a reliable water source.
Dornfest stated the draft Environmental Impact Statement will be released on November 22, after
which there will be a public input period including a public hearing on January 13.
Mayor Pro Tem Stephens requested staff input on the timeline after the public comment period.
Dornfest replied the public comments are evaluated and the Army Corps of Engineers then
assesses comments and develops the final Environmental Impact Statement which will likely take
one to two years. There are also additional state and county permitting processes. Construction
would likely be in the 2024-2025 timeframe.
• COUNCILMEMBER REPORTS
Councilmember Summers reminded the community about the giving trees around the community
that allow individuals to provide gifts to families in need and about Colorado Gives Day.
Mayor Pro Tem Stephens reported on the Metropolitan Planning Organization meeting, the
Veteran's Day brunch, a Senior Center Friends meeting, the County Health Department legislative
breakfast, and the Climate Action Plan 20-year celebration.
Councilmember Gorgol reported on a NoCo Housing Now meeting, facilitating a panel discussion
for Housing Our Future, and the Gardens on Spring Creek ribbon cutting ceremony.
Councilmember Gutowsky reported on the Solinator Garden ribbon cutting ceremony and a visit
to Legacy Apartments with Senator Joann Ginal.
Councilmember Pignataro reported on the Solinator Garden ribbon cutting ceremony and
Shepardson Elementary School's STEM night.
Councilmember Summers reported on the Solinator Garden ribbon cutting and a community
library ribbon cutting in Oakridge.
Mayor Troxell reported on the Gardens on Spring Creek reopening, the Veteran's Day breakfast,
the Climate Action Plan 20-year celebration, the Solinator Garden ribbon cutting, his participation
in the holiday lighting ceremony at Anheuser-Busch, and a Holocaust Awareness Week speaking
engagement by a relative of Anne Frank.
November 19, 2019
City of Fort Collins Page 318
• DISCUSSION ITEMS
8. Second Reading of Ordinance No. 138, 2019, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the Hughes
Stadium Site Rezoning and Approving Corresponding Changes to the Residential
Neighborhood Sign District Map. (Postponed to January 21, 2020)
This Ordinance, adopted on First Reading by a vote of 4-3 (Nays: Cunniff, Gutowsky, Pignataro),
rezones 164.55 acres located on the west side of Overland Trail and north of CR32, with one condition,
and to place the property into the Residential Sign District. City Council initiated the rezoning on July
16, 2019 and directed City staff to prepare a rezoning application and make a recommendation
regarding the appropriate zoning. The site is currently zoned Transition (T) and staff recommends
placement into the Residential Foothills (RF) and Low-Density Mixed-Use Neighborhood (LMN) zone
districts. A recommended condition of the rezone requires that future development in the portion zoned
Residential Foothills district meet the requirements of a Cluster Plan pursuant to Land Use Code
Section 4.3(E)(2). The request places the property into the Residential Sign District. The Planning and
Zoning Board on a 4-2 vote recommended that City Council not adopt the staff proposed zoning and
instead zone the property entirely Residential Foothills.
Mayor Troxell requested a motion to postpone consideration of this item until January 21.
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to postpone
consideration of Ordinance No. 138, 2019.
Eric Sutherland commented on a day care proposal in the Bucking Horse neighborhood that went
before the Planning and Zoning Board and discussed a visit to the Planning and Zoning Board by
Mayor Troxell and Councilmember Martinez which resulted in an Ethics Review Board complaint.
An unidentified citizen thanked Council for postponing the item.
Mary Grant thanked Council for postponing the item.
Nick Fry thanked Council for postponing the item and stated he wants the process to be open and
transparent. He stated the fact that Mayor Troxell and Mayor Pro Tem Stephens are employed by
CSU is a conflict of interest on the Hughes Rezoning vote.
Mayor Troxell noted he and Mayor Pro Tem Stephens both declared their employer status and
stated they did not believe a conflict existed prior to the First Reading hearing. He stated Council
is committed to a transparent process.
Councilmember Summers stated it is important to understand the process will unfold based on
legal guidelines and not personal feelings.
RESULT: SECOND READING OF ORDINANCE NO. 138, 2019, POSTPONED TO
JANUARY 21, 2020 [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
November 19, 2019
City of Fort Collins Page 319
• OTHER BUSINESS
Executive Session Authorized.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that the City
Council go into executive session, as permitted under Article Two, Section Eleven of the City
Charter, Section 2-31(a)(1) of the City Code and Colorado Revised Statutes Section 24-6-
402(4)(f)(I), for the purpose of continuing the annual reviews of the Chief Judge, City Manager
and City Attorney.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
(Secretary's Note: The Council went into Executive Session at this point in the meeting and
returned at 8:38 p.m.)
Councilmember Gorgol requested and received Council support for staff to examine banning
flavored vaping products and placing a sales tax on vaping products.
Councilmember Summers stated it is prudent to raise the age limit to 21, have licensing, and
required ID scans. He noted there are some legitimate vaping uses for nicotine cessation for
adults. He would not rush to ban flavored sales.
Councilmember Cunniff stated he would like to see options related to how tobacco products
are marketed and sold in Fort Collins.
Mayor Pro Tem Stephens stated she would like to examine the flavored issue.
City Manager Atteberry suggested staff participate in the County Health Department's
conversations and report back on a regular basis while bringing forth options, should the
Council and City desires vary from the County.
Councilmember Summers stated elderly residents have been negatively impacted by the
stormwater runoff fees resulting from the Strauss Cabin Road Annexation. He thanked City
Manager Atteberry for giving personal attention to the matter but asked if there was some room
for a waiver consideration until a change of ownership occurs.
Councilmember Cunniff suggested staff provide a memo outlining the history of the issue then
plan for a Council discussion. City Manager Atteberry stated he would provide that
information.
Mayor Troxell stated he would like some information on how a waiver might set a precedent.
Councilmember Summers asked about Code provisions related to roof replacement and stated
the ice barrier requirement is preventing the overlay of shingles. He asked if staff could
examine some type of flexibility related to that in order to help reduce shingle waste. City
Manager Atteberry stated he would align appropriate staff members.
November 19, 2019
City of Fort Collins Page 320
Mayor Troxell mentioned Mr. Eggleston's comments related to the occupancy ordinance.
Councilmember Gorgol replied NoCo Housing Now presented a report on data related to
families living together in less traditional ways.
• ADJOURNMENT
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that Council
adjourn this meeting to 6:00 p.m., on Tuesday, November 26, 2019, for consideration of a possible
executive session and for such other business as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
The meeting adjourned at 9:00 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 321
December 3, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
ABSENT: Summers
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated the published agenda has two changes: the addition of a resolution
to create a Council committee to make selection process recommendations to Council for the Chief
Judge recruitment process and the executive session was rescheduled to January 7 to continue
annual reviews of Council's direct reports and any related salary ordinances.
• PUBLIC COMMENT
Patrick Lawson discussed the importance of public charging stations for electric cars, but they are
frequently not functioning in the city. He offered the services of his company to maintain the
units.
Asa Borne discussed House Bill 19-1230 regarding consumption marijuana lounges and supported
them as being a good way to provide legal locations for smoking.
Dennis Gatlin, Boxelder Sanitation District Chair, expressed concern the City may be considering
the unprecedented action of providing sewer service in Boxelder's approved and long-standing
service area. Council has refused to take part in a meeting with Boxelder and he encouraged
Council to review and approve an intergovernmental agreement that will resolve the issue.
Nate Miller, Boxelder Sanitation District Boardmember, expressed concern the City may be
considering providing sewer service in the Mountain Vista subarea, which is part of the Boxelder
service area.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments and requested staff input regarding charging
stations. Regarding the Boxelder comments, Mayor Troxell stated he has had conversations with
Mr. Gatlin and staff is working on a proposal to bring the item before Council for further
discussion. The City is not seeking to provide service; however, a development applicant can
pursue the City providing service.
Deputy City Manager Jeff Mihelich agreed with Mayor Troxell's assessment of the Boxelder issue
and stated there is a great deal of development pressure in northeast Fort Collins. He confirmed
the City has been asked by developers in the area if there are alternatives for sanitary sewer service
and staff believes there could be some efficiencies for both City Utilities and Boxelder to look at
capacity sharing. The City has not offered to serve any part of Boxelder's district.
December 3, 2019
City of Fort Collins Page 322
Councilmember Cunniff asked if staff is facilitating the discussion with developers. Deputy City
Manager Mihelich replied in the affirmative and stated options are being explored at the staff level
to determine any interest on the part of Boxelder.
Councilmember Cunniff stated he does not necessarily see a benefit to the rate payers of either
utility. He would like to ensure any staff time involved is incidental. Deputy City Manager
Mihelich replied it has been incidental to this point.
Mayor Troxell noted Council could meet with the Boxelder Board as a possible next step.
Mayor Troxell requested staff input regarding electric car charging station maintenance. City
Manager Atteberry replied this is the first time he has heard concerns about specific charging
stations. He would like to have staff reach out to Mr. Lawson with a follow-up memo to Council.
Councilmember Cunniff requested the memo include information as to the number of facilities
and timing of maintenance.
• CONSENT CALENDAR
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt and
approve all items on the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
ABSENT: Summers
1. Consideration and Approval of the Minutes of the October 15 and November 5, 2019 Regular
Council Meetings and the November 12, 2019 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the October 15 and November 5, 2019 Regular
Council meetings and the November 12, 2019 Adjourned Council meeting.
2. Second Reading of Ordinance No. 139, 2019, Appropriating Prior Year Reserves for the
Purchase of Property on West Vine Drive. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 19, 2019, appropriates prior
year reserves in the Storm Drainage Fund to purchase a portion of the property at 1337 West Vine
Drive. This parcel is needed in order to construct the West Vine Outfall, which is part of the approved
West Vine Basin Master Drainage Plan.
3. Second Reading of Ordinance No. 140, 2019, Appropriating Prior Year Reserves in Various City
Funds to Reimburse Capital Expansion and Utility fee Funds and Housing Catalyst for Fees
Waived for the Mason Place Affordable Housing Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 19, 2019, appropriates funds
from the Affordable Housing Capital Fund in the Community Capital Improvement Program and
General Fund reserves to reimburse certain City departments and Housing Catalyst for fees that were
waived for the Mason Place affordable housing project.
December 3, 2019
City of Fort Collins Page 323
4. Items Relating to Purchase of Vehicles. (Adopted)
A. First Reading of Ordinance No. 141, 2019, Appropriating Unanticipated Grant Revenue from the
Volkswagen Settlement Funds for the Purchase of Two Electric Vehicles to Replace End of Life
Diesel Vehicles and Associated Charging Equipment.
B. First Reading of Ordinance No. 142, 2019, Appropriating Unanticipated Grant Revenue from the
Volkswagen Settlement Funds for the Purchase of Three Alternative Fuel Body-on-Chassis Style
Buses.
The purpose of this item is to appropriate unanticipated grant revenue awarded to Transfort through
the Clean Air Act Settlement program administered by Colorado Department of Public Health and
Environment (CDPHE) and to reappropriate lapsing funds. Transfort was awarded funding through
CDOT’s Consolidated Call for Capital Projects in 2018 for the purchase of a total of five alternatively
fueled vehicles and two depot chargers. Settlement funds can be used to cover 110% of the
incremental cost of purchasing an alternatively fueled vehicle compared with a new diesel vehicle.
Transfort plans to replace two end-of-life diesel revenue transit buses with two new zero-emission
vehicles (ZEV), purchase two depot chargers, and replace three end-of-life diesel cutaway buses with
three alternative fuel vehicles. Settlement funds do not require a local match.
5. First Reading of Ordinance No. 143, 2019, Making Appropriations and Authorizing Transfers of
Appropriations for the Horsetooth Outlet Project and Related Art in Public Places. (Adopted)
The purpose of this item is to request an appropriation of $3.2 million from Water Fund Reserves to
design and construct a project to provide a temporary backup water supply pumping system during a
planned October-November 2020 closure by Northern Water of the Soldier Canyon Dam Outlet
pipeline from Horsetooth Reservoir (Horsetooth Outlet Project). The pipeline provides water to the two
drinking water treatment plants serving the City of Fort Collins and surrounding areas, serving about
250,000 people. The pumping system is intended as an emergency backup supply system to the
primary Cache la Poudre River (Poudre River) water supply during the 60-day planned outage of the
Soldier Canyon Dam Outlet pipeline. The City will be reimbursed 58% of the project costs by the project
partners at the conclusion of construction. The City’s final contribution will be $1.4 million of the $3.2
million total project cost.
6. First Reading of Ordinance No. 145, 2019, Adopting the 2020 Classified Employees Pay Plan.
(Adopted)
The purpose of this item is to recommend the 2020 City Classified Employee Pay Plan. Classified jobs
are grouped according to job functions, a business practice commonly used by both the public and
private sectors. Pay ranges are developed by career group (management, professional,
administrative, operations & trades) and level for each job function. The result of this work is a City
Classified Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges for the
level, within each career group and function. Actual employee pay increases are awarded through a
separate administrative process in accordance with the budgeted amount approved by Council.
7. First Reading of Ordinance No. 146, 2019, Adopting the 2020 Larimer County Regional
Transportation Capital Expansion Fee Schedule. (Adopted)
The purpose of this item is to adopt the 2020 Larimer County Regional Transportation Capital
Expansion Fee schedule.
8. First Reading of Ordinance No. 147, 2019, Authorizing the Exchange of Stormwater Easements
Between the City of Fort Collins and John C. Graham and Ginger L. Graham. (Adopted)
The purpose of this item is to authorize an exchange of stormwater easements across portions of
property located in the Southwest Quarter of Section 6, Township 7 North, Range 68 West of the 6th
P.M: a stormwater easement from the City of Fort Collins to John C. Graham and Ginger L. Graham
December 3, 2019
City of Fort Collins Page 324
(consisting of 5,749 square feet located on City property) and a stormwater easement from John C.
Graham and Ginger L. Graham to the City of Fort Collins (consisting of 34,885 square feet) and a
temporary construction easement (consisting of 22,235 square feet) would be exchanged. As
consideration for the easements on the Graham property the City would convey the easement across
City property and the Stormwater Utility would agree to apply the balance of the difference between
the value of the two easements to Stormwater Plant Investment Fees (PIF) and monthly stormwater
fees for a hay barn built by the Grahams within the City limits, instead of additional cash consideration.
The City’s receipt of the easements across the Graham property is consideration for the easement
across City property and the credited stormwater fees.
9. Resolution 2019-108 Approving the Midtown Business Improvement District 2020 Budget and
Operating Plan. (Adopted)
The purpose of this item is to approve the Midtown Business Improvement District (BID) 2020 budget
and operating plan. The Midtown BID includes parcels fronting South College Avenue from Drake
Road in the north to Boardwalk Drive in the south, as well as those fronting East Foothills Parkway
between East Swallow Road and South College Avenue.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Mayor Troxell requested staff input regarding Item No. 7, First Reading of Ordinance No. 146,
2019, Adopting the 2020 Larimer County Regional Transportation Capital Expansion Fee
Schedule. City Manager Atteberry replied this program is a collaboration between Larimer County
and the City and was initiated to begin to address regional transportation issues within the growth
management boundary. Since 2000, this fee has raised approximately $6.4 million which is used
to leverage other grants. City Manager Atteberry discussed various projects which have been
funded by this fee.
Mayor Troxell suggested the success of this fee be discussed with other Larimer County
communities and stated this is a good news item.
• STAFF REPORTS
Trail and Roadway Improvements Benefiting K-12 Students in Northwest Fort Collins. (staff: Tessa
Greegor)
Tessa Greegor, Active Modes Manager, discussed new bicycle and pedestrian improvements in
northwest Fort Collins which directly benefit K-12 students in the area. The projects improve
safety and increase access to nature, recreation opportunities, schools, and existing bicycle and
pedestrian routes. Greegor detailed the projects which are located near Lincoln Middle School
and involved projects and funding from several City departments and other organizations. She
also discussed the Safe Routes to School programming that occurs in the area and which will utilize
the infrastructure.
Mayor Troxell commended staff for addressing this gap in a creative way.
Mayor Pro Tem Stephens thanked those who were involved in making this area safer for school
children. She asked if there are bikes available for children who may want to participate in bicycle
programs but who do not have a bike. Paul Sizemore, FC Moves Senior Manager, replied in the
affirmative.
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Councilmember Cunniff commended the work on these improvements.
Councilmember Gutowsky asked how school areas are selected for safety improvements and
mentioned an accident on Laporte Avenue. Greegor replied Laporte Avenue is currently a priority
project with safety being a key factor included when new designs and projects are prioritized.
Councilmember Gorgol asked how the City works with schools in the growth management area.
Sizemore replied FC Moves programming acknowledges there are schools serving students that
reside in city limits but attend schools in the growth management area. Those students are served
by Safe Routes to School and there is coordination between Larimer County, Poudre School
District, and the City to examine opportunities to provide infrastructure.
• COUNCILMEMBER REPORTS
Councilmember Cunniff reported on the first Larimer County Wasteshed Policy Committee
meeting and stated Mayor Troxell was elected Vice Chair of the group.
Mayor Pro Tem Stephens reported on the National League of Cities conference in San Antonio
and related presentation on San Antonio's free pre-K program, visit to Haven for Hope, a campus
that serves people experiencing homelessness, and visit to Community First, a tiny home
community, in Austin.
Mayor Troxell reported on Small Business Saturday and thanked Councilmembers who actively
participated.
• DISCUSSION ITEMS
10. Resolution 2019-109 Adopting the City's 2020 Legislative Policy Agenda. (Adopted as
Amended)
The purpose of this item is to consider and adopt the City's 2020 Legislative Policy Agenda. Each year
the Legislative Review Committee develops a legislative agenda to assist in the formation, analysis,
and advocacy of pending legislation and regulation. The Legislative Policy Agenda is used as a guide
by Council and staff to determine positions on legislation and regulation pending at the state and
federal levels and as a general reference for state legislators and the City’s congressional delegation.
The Legislative Review Committee recommended adoption of the 2020 agenda at its November 5
meeting.
Tyler Marr, Deputy Director, Information and Employee Services, stated all the City's legislative
work is associated with the Strategic Plan, specifically to an objective within High Performing
Government that references proactively influencing policy and legislative development at all levels
of government. The 2020 Legislative Policy Agenda is the cumulative product of work from staff,
the Legislative Review Committee, and community input, and will be used to inform positions on
pending or introduced legislation. Changes for this year include items related to broadband,
immigration, gun violence, healthcare, and vaping. He noted immigration and health care are both
new sections within the Policy Agenda. Marr discussed an option provided related to health care
and support of Medicare for all.
Mayor Troxell noted the Legislative Review Committee consists of Councilmembers Cunniff,
Summers and Gutowsky.
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City of Fort Collins Page 326
Rich Shannon encouraged Council to support the healthcare reform language.
June Hyman-Cismoski stated the League of Women Voters of Larimer County strongly supports
the proposed Policy Agenda position on healthcare.
Rick Casey, Fort Collins Sustainability Group, proposed language additions to the climate section
of the Policy Agenda.
JD Roybal supported the Medicare for all language.
Councilmember Cunniff requested staff input regarding Mr. Casey's suggested language additions.
Marr replied staff is not concerned with adding the words suggested.
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to adopt
Resolution 2019-109 with the healthcare language as presented and inserting language as
suggested by the Fort Collins Sustainability Group.
Councilmember Gorgol thanked the Legislative Review Committee and stated the Policy Agenda
represents the desires of Council.
Councilmember Pignataro agreed with Councilmember Gorgol and stated the language accurately
reflects Council's goals.
Mayor Pro Tem Stephens thanked the speakers and discussed the effect of medical debt on
homelessness. She commended the resulting document.
Councilmember Cunniff thanked Council for providing clear direction on the items it wanted to
have addressed and thanked contributing community members.
Councilmember Gutowsky discussed the Legislative Policy Committee's work and stated the
resulting Agenda reflects national issues. She discussed the importance of keeping clear lines of
communication with legislators.
Mayor Troxell commended the document and thanked the Legislative Policy Committee for its
work. He noted each topic is tied to one of the seven outcome areas that are part of the City's
dashboard. He stated this document helps to communicate Fort Collins' issues with other
jurisdictions and legislators.
RESULT: RESOLUTION 2019-109 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
ABSENT: Summers
• Resolution 2019-110 Creating a Council Committee to Make Selection Process
Recommendations to the Council, Commencing the Process to Select a Search Firm, and
Adopting a Plan and Target Schedule for the Recruitment and Selection of a Chief Judge.
The purpose of this item is to begin the Chief Judge recruitment and selection process by appointing
Councilmembers to an Ad Hoc Committee known as the Chief Judge Selection Process Committee to
develop recommendations to the Council for the recruitment and selection of a Chief Judge.
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City of Fort Collins Page 327
Mayor Troxell stated Chief Judge Kathleen Lane has been in her position since 1988 and has
recently indicated her intent to retire. This item would create a subcommittee of Councilmembers
to help support Council in working with staff to secure a search firm and plan for recruitment and
selection for her replacement.
Mayor Troxell suggested charging the three members of the ad hoc committee dealing with direct
reports with this task. That committee consists of Mayor Troxell, Mayor Pro Tem Stephens, and
Councilmember Gutowsky.
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to adopt
Resolution 2019-110, inserting the names of Mayor Troxell, Mayor Pro Tem Stephens, and
Councilmember Gutowsky.
Mayor Pro Tem Stephens noted the ad hoc committee has started to do some work around what
qualities Council's direct reports should have; however, she stated she would welcome any
discussion if other Councilmembers want to be involved.
RESULT: RESOLUTION 2019-110 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
ABSENT: Summers
• OTHER BUSINESS
Mayor Troxell stated he is the alternate for the Northern Front Range Metropolitan Planning
Organization (NFRMPO) and he will be able to attend the December 13 meeting; therefore, the
selection of a second alternate is not necessary.
Executive Session Authorized.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that Council go
into executive session for the purpose of meeting with the City Attorneys and City Management
staff to discuss the manner in which particular policies, practices, or regulations of the City related
to the use of email may be affected by existing or proposed provisions of the federal, state, or local
law as permitted under City Charter Article II, Section 11(2), City Code Section 2-31(a)(2) and
Colorado Revised Statutes Section 24-6-402(4)(b). Yeas: Gorgol, Gutowsky, Pignataro, Cunniff,
Stephens and Troxell. Nays: none.
THE MOTION CARRIED.
(Secretary's Note: The Council was in Executive Session from 7:11 p.m. until 8:06 p.m.)
Councilmember Gutowsky noted that Council will not discuss oil and gas regulatory framework
alternatives until April 28 and she feels an urgent need to address that issue sooner. She asked if
it would be possible to accelerate that item. Deputy City Manager Mihelich replied staff has
planned on the April meeting and while he could ask the team if moving that up could occur, he is
unsure how much sooner would be feasible.
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City of Fort Collins Page 328
City Manager Atteberry suggested the Executive Lead Team and Leadership Planning Team
examine the necessary work production and six-month calendar and return to the full Council with
information.
Councilmember Cunniff requested both the big picture regulatory environment as well as the
option of a moratorium be considered.
Councilmember Gutowsky discussed her reasons for feeling an urgency to begin discussions
around the issue, including environmental concerns.
Mayor Troxell requested an update on air quality assessment and a summary of the positions of
other area jurisdictions as part of the memo.
Councilmember Cunniff requested and received Council support to direct the City Attorney to
prepare information for him to take to the CML Policy Committee meeting on Friday regarding
legislative action around executive sessions and email.
Councilmember Cunniff stated he has heard from members of at least four different City boards
who are concerned with the freeze on recruiting and replacement of board and commission
members. He requested the recruitment process be restarted and suggested some issues be
discussed at the Council retreat. He also suggested the possibility of extending existing terms until
replacements are appointed.
Mayor Pro Tem Stephens supported those recommendations and noted she has heard specifically
from the CDBG Commission which is concerned it may not have enough participants to aid in the
upcoming grant funding period.
City Manager Atteberry noted there is a work session on this topic next Tuesday during which
vacancy statistics will be presented.
• ADJOURNMENT
The meeting adjourned at 8:16 PM.
______________________________
Mayor
ATTEST:
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City Clerk