HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/19/2020 - REGULAR MEETINGCity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Kristin Stephens, District 4, Mayor Pro Tem City Hall West
Susan Gutowsky, District 1 300 LaPorte Avenue
Julie Pignataro, District 2 Fort Collins, Colorado
Ken Summers, District 3
Ross Cunniff, District 5 Cablecast on FCTV Channel 14
Emily Gorgol, District 6 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney City Manager City Clerk
Regular Meeting
May 19, 2020
Revised 05/18/2020
PUBLIC PARTICIPATION FOR COUNCIL MEETINGS
View Meeting Agenda
There will be four options for people who would like to participate in the meeting:
Live via the Zoom online meeting,
Live via the telephone,
Live in Council Chambers,
By submitting emails to CityLeaders@fcgov.com.
All options will be available for those wishing to provide general public comment, as well as public comment
during individual discussion items.
PUBLIC PARTICIPATION (ONLINE):
Individuals who wish to address Council via remote public participation can do so through Zoom
at https://tinyurl.com/councilmeeting05192020 The link and instructions are also posted
at www.fcgov.com/councilcomments. Individuals participating in the Zoom session should also watch
the meeting through that site, and not via FCTV, due to the streaming delay and possible audio interference.
The Zoom meeting will be available beginning at 5:15 p.m. on the day of the meeting. Participants wanting
to ensure their equipment setup is working should join prior to 6:00 p.m. For public comments, the Mayor
will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff
will moderate the Zoom session to ensure all participants have an opportunity to address Council.
In order to participate, you must:
Have an internet-enabled smartphone, laptop or computer.
● Using earphones with a microphone will greatly improve your audio experience.
Join the Zoom meeting.
● You can find the link on the front page of the agenda or on the City’s home webpage at
www.fcgov.com.
If you use the City’s home page, simply click on the “Participate remotely in Council Meeting” link
shown near the top of the page.
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Please remember to not watch/stream FCTV at the same time due to delays and possible feedback
issues.
PUBLIC PARTICIPATION (PHONE OPTION):
Dial public participation phone number, 1-346-248-7799.
Enter the Meeting ID for the May 19 meeting: 946 7606 1061 followed by the pound sign (#).
● You can also find this information for participating by phone on the City’s home webpage by
clicking on the “Remote Public Participation Instructions” link shown near the top of the page.
The meeting will be available beginning at 5:15 p.m. Please call in to the meeting prior to 6:00 p.m., if
possible. For public comments, the Mayor will ask participants to indicate if you would like to speak at
that time – phone participants will need to press *9 to do this. Staff will be moderating the Zoom
session to ensure all participants have an opportunity to address Council. Once you join the meeting:
DO NOT Watch/stream FCTV at the same time due to streaming delay and possible audio
interference.
PUBLIC PARTICIPATION (IN PERSON):
To participate in person, individuals should come to City Hall and be prepared to follow strict social
distancing, sanitizer and facial covering guidelines.
No more than 10 individuals will be allowed in Council Chambers. Therefore, staging for individuals
who wish to speak will occur in the City Hall lobby and outside (weather permitting).
Only one speaker at a time will be allowed to enter Council Chambers.
Individuals will be required to wear masks while inside City Hall and any other City buildings being
utilized.
Once a speaker has provided comments, he or she will be asked to leave Council Chambers to make
room for the next speaker.
PUBLIC PARTICIPATION (VIA EMAIL):
Individuals not comfortable or able to access the Zoom platform or able to participate by phone are
encouraged to participate by emailing general public comments you may have to
CityLeaders@fcgov.com. If you have specific comments on any of the discussion items scheduled,
please make that clear in the subject line of the email and send prior to the meeting Tuesday evening.
WATCH THE MEETING:
Anyone can view the Council meeting live on Channels 14 and 881 or online
at www.fcgov.com/fctv.
Documents to Share: If residents wish to speak to a document or presentation, the City Clerk needs to
be emailed those materials by 4 p.m. the day of the meeting.
Note: Only individuals who wish to address Council should use the Zoom link or call in by phone. Anyone
who wants to watch the meeting, but not address Council, should view the FCTV livestream.
View Live Stream
Persons wishing to display presentation materials using the City’s display equipment under the Citizen
Participation portion of a meeting or during discussion of any Council item must provide any such materials
to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2)
hours prior to the beginning of the meeting at which the materials are to be presented.
NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to
election matters must be provided to the City Clerk no later than noon on the day of the meeting at which
the item will be considered. See Council Rules of Conduct in Meetings for details.
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The City of Fort Collins will make reasonable accommodations for access to City services, programs, and
activities and will make special communication arrangements for persons with disabilities. Please call 221-
6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Proclamations and Presentations
5:45 p.m.
The Mayor will share highlights of each proclamation listed below but will not read proclamations
in their entirety.
A. Proclamation Declaring May 2020 as Building Safety Month.
B. Proclamation Declaring May 20, 2020 as Class of 2020 Graduation Day.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the Consent
Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and
considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion Items.
PUBLIC COMMENT
Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically
scheduled on the agenda. Comments regarding land use projects for which a development application
has been filed should be submitted in the development review process** and not to the Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those
who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking
time remain, and will beep again and turn red when a speaker’s time to speak has ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
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PUBLIC COMMENT FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request
an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda
items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items
remaining on the Consent Calendar will be approved by City Council with one vote. The Consent
Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens
is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer
may declare that the following process will be used to simplify consideration of the Citizen-Pulled
Consent Items:
(1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading
“Consideration of Citizen-Pulled Consent Items.”
(2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all
of the items that have been moved to that part of the agenda.
(3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled
Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council
will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote.
(4) Any Citizen-Pulled Consent Items that a Councilmember has asked to be considered individually will
then be considered using the regular process for considering discussion items.
1. Consideration and Approval of the Minutes from the April 21, 2020 Regular Council Meeting and the
April 28, 2020 Adjourned Council Meeting.
The purpose of this item is to approve the minutes from the April 21, 2020, Regular Council meeting
and the April 28, 2020, Adjourned Council meeting.
2. Second Reading of Ordinance No. 027, 2020, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Soldier Canyon Pump Station
Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the
Residential Neighborhood Sign District Map.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2019-064.
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
This item is on Second Reading.
This item is required to comply with federal or state legal or other requirements.
This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property
included in the annexation known as the Soldier Canyon Pump Station Annexation. Soldier Canyon
Pump Station Annexation, owned by the Platte River Power Authority, is located adjacent to the City
of Fort Collins Water Treatment Facility at 4316 Laporte Avenue and is 0.702 acres in size. The
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proposed zoning for this annexation is Residential Foothills (R-F). The surrounding uses include the
existing City Water Treatment Plant to the north, south and west, and Colorado State University Solar
Farm to the east. The abutting City limits to the north, south and west are zoned Residential Foothills
(R-F). Staff also recommends placement into the Residential Neighborhood Sign District.
3. Second Reading of Ordinance No. 029, 2020, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Timberline-International Annexation
No. 1 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential
Neighborhood Sign District Map.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2019-064.
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
This item is on Second Reading.
This item is required to comply with federal or state legal or other requirements.
This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property
included in the first of three sequential annexations, known as the Timberline-International Annexation
No.1. Timberline-International Annexation No. 1 is located northeast of the North Timberline Road and
International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The
surrounding properties are existing industrial land uses currently zoned I-Industrial Zoning District (in
Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density
Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also
recommends placement into the Residential Neighborhood Sign District.
4. Second Reading of Ordinance No. 031, 2020, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Timberline-International Annexation
No. 2 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential
Neighborhood Sign District Map.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2019-064.
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
This item is on Second Reading.
This item is required to comply with federal or state legal or other requirements.
This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property
included in the second of three sequential annexations, known as the Timberline-International
Annexation No. 2. Timberline-International Annexation No. 2 is located northeast of the North
Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is
Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-Industrial
Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is
zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-
way. Staff also recommends placement into the Residential Neighborhood Sign District.
5. Second Reading of Ordinance No. 033, 2020, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Timberline-International Annexation
No. 3 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential
Neighborhood Sign District Map.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2019-064.
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This item meets the following COVID-19 emergency priorities for being on the Council agenda:
This item is on Second Reading.
This item is required to comply with federal or state legal or other requirements.
This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property
included in the third of three sequential annexations, known as the Timberline-International Annexation
No.3. Timberline-International Annexation No. 3 is located northeast of the North Timberline Road and
International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The
surrounding properties are existing industrial land uses currently zoned I-Industrial Zoning District (in
Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density
Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also
recommends placement into the Residential Neighborhood Sign District.
6. Postponement of Second Reading of Ordinance No. 044, 2020, Updating the Harmony Corridor Plan
for the Gateway Area and the Harmony Corridor Standards and Guidelines to June 16, 2020.
Given the anticipated length of the Hughes Stadium Site Second Reading item, the continued high
level of community interest in the Harmony Corridor Plan amendments and potential for considerable
Council hearing discussion, staff is requesting that the item be considered at the June 16th hearing.
Impacted property owners have indicated that they have no objection to the item being moved to June
16, 2020.
This Ordinance, adopted on First Reading on March 3, 2020, by a vote of 4-2 (Nays: Summers,
Troxell; Gorgol absent) amends the Harmony Corridor Plan and the Harmony Corridor Standards and
Guidelines by adopting revised Plan polices, standards and guidelines pertaining to the “gateway” area
located west of I-25.
7. Second Reading of Ordinance No. 065, 2020, Appropriating Unanticipated Revenue in the Community
Development Block Grant Fund for COVID-19 Response and Recovery.
This item meets the following priorities for items to be considered by Council during the COVID-19
emergency: (1) urgent items specifically related to COVID-19 activities that are critical in nature and
must receive Council consideration as soon as possible; (6) items that relate to funding, operation and
business activities that the City must continue despite the current crisis; and (7) items that are required
to comply with federal or state legal or other requirements.
This Ordinance, unanimously adopted on First Reading on May 5, 2020, appropriates unanticipated
Community Development Block Grant (CDBG) funding in the amount of $649,203 from the Department
of Housing and Urban Development (HUD) to be used for COVID-19 response and recovery.
8. Second Reading of Ordinance No. 066, 2020, Appropriating Prior Year Reserves and Authorizing the
Transfer of Previously Appropriated Funds in the Light and Power Fund for the 700 Wood Street
Remodel Project and Related Art in Public Places.
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 5 - Items that must move forward based on a council-directed timeline, i.e., completion of
a pilot project or the end of a moratorium.
Priority 6 - Items that relate to funding, operation and business activities that the City must continue
despite of the current crisis.
This Ordinance, unanimously adopted on First Reading on May 5, 2020, appropriates funds necessary
for completion of the joint control room and associated 700 Wood Street remodel project for Fort Collins
Connexion and Electric Utility/Light & Power (L&P) operations. L&P is requesting an appropriation of
$900,000 from uncommitted reserves, which has been included in the Utilities’ financial rate strategy
and 2019 Capital Improvement Plan. Since this appropriation request is for the purpose of capital
construction, City Code also requires a $9,000 contribution (1% of the amount being appropriated) to
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the Art in Public Places program. This amount is also being requested from uncommitted L&P
reserves, bringing the total use of L&P reserves in this request to $909,000. In addition to the
appropriation from available reserves, L&P is requesting a transfer of $770,000 in funds previously
appropriated for the Substation capital parent account to obtain the remaining funds for the 700 Wood
Street remodel project. Council Finance Committee considered and supported this approach on April
20, 2020.
9. Second Reading of Ordinance No. 067, 2020 Suspending for Fiscal Years 2021 and 2022 the Biennial
Budget Term Required by City Code Section 8-1 and Approving the Temporary Revision of the City’s
Budgeting Process for the 2021 and 2022 Budgets.
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 2 - Emergency-related items that are not as urgent but need Council consideration.
This Ordinance, unanimously adopted on First Reading on May 5, 2020, modifies the City's biennial
budgeting process due to the current unknowns of the depth and duration of the COVID-19 Pandemic
and impacts to the local economy and City revenue streams.
10. Second Reading of Ordinance No. 068, 2020, Designating the Brown-Gooding Property, 425 Mathews
Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 6 - Items that relate to funding, operation and business activities that the City must continue
despite the current crisis.
This Ordinance, unanimously adopted on First Reading on May 5, 2020, designates the Brown
Gooding Property located at 425 Mathews Street as a Fort Collins Landmark. The owners of this
property, Sarah Breseke and Wouter Montfrooij, have a pending Landmark Rehabilitation Loan for
which funds have been requested and obligated but cannot be released without the Landmark
designation in place. The single-family residence and garage are eligible for recognition as a Landmark
due to their significance to Fort Collins under Designation Standard 3, Design/Construction and their
historic integrity.
11. Second Reading of Ordinance No. 069, 2020, Designating the Horsley/Delta Zeta Property, 201 East
Elizabeth Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the
Code of the City of Fort Collins.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 6 - Items that relate to funding, operation and business activities that the City must continue
despite the current crisis.
This Ordinance, unanimously adopted on First Reading on May 5, 2020 designates the Horsley/Delta
Zeta Property, 201 East Elizabeth Street, as a Fort Collins Landmark. The owner of this property,
Stephanie Walter, has a pending Landmark Rehabilitation Loan for which funds have been requested
and obligated but cannot be released without the Landmark designation in place. The property is
eligible for recognition as a Landmark due to its significance to Fort Collins under Designation
Standards 1. Events, and 3. Design/Construction and its historic integrity.
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12. Items Relating to the College Avenue/Trilby Road Intersection Improvements Project.
A. Resolution 2020-046 Approving the Intergovernmental Agreement with the Colorado Department
of Transportation for Road Intersection Improvements - College Avenue-Trilby Road.
B. First Reading of Ordinance No. 071, 2020, Making Supplemental Appropriations for the College
Avenue-Trilby Road Intersection Improvements Project.
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 6 - Items that relate to funding, operation and business activities that the city must continue
despite the current crisis.
Priority 7 - Items that are required to comply with federal or state legal or other requirements.
The purpose of this item is to authorize the Mayor to sign an intergovernmental agreement (IGA)
between the City and the Colorado Department of Transportation (CDOT) to accept previously
awarded federal grants needed for the design, right-of-way acquisition and construction of necessary
improvements to the College Avenue and Trilby Road intersection. Ordinance No. 071, 2020 will
appropriate the following state and federal funded grants:
Highway Safety Improvement Program (HSIP) for safety related improvements ($2,250,000)
Congestion, Mitigation and Air Quality Improvements (CMAQ) program ($387,371)
Funding Advancements for Surface Transportation & Economic Recovery (FASTER) ($1,500,000)
13. First Reading of Ordinance No. 072, 2020, Relating to the Extraction of Hemp within Dwellings.
This item meets the following COVID-19 emergency priority for being on the Council agenda:
Priority 7 - Items that are required to comply with federal or state legal or other requirements.
This item is required in order to comply with state law allowing the cultivation, extraction, processing,
and manufacturing of industrial hemp and industrial hemp products, and the Uniform Fire Code which
permits and regulates the extraction of hemp.
The purpose of this item is to amend Article XII, Chapter 12 of the City Code as it relates to the
extraction of industrial hemp to clarify that the prohibition on the use of inherently hazardous
substances in the extraction process only applies to dwellings, not to commercial businesses.
14. Emergency Ordinance No. 073, 2020 Approving Emergency Rules and Regulations Enacted by the
City Manager Pursuant to the Local COVID-19 Emergency.
The purpose of this item is to approve emergency rules and regulations enacted by the City Manager
in response to the COVID-19 emergency. Section 2-671(a)(6)(a) of the City Code provides that
emergency rules and regulations must be confirmed at the earliest practical time by the Council. This
Emergency Ordinance seeks Council’s approval and ratification of all the emergency measures that
have been enacted to date. Adoption by ordinance will ensure that each of the regulations is
enforceable to the fullest extent of the law.
15. First Reading of Ordinance No. 074, 2020, Authorizing the Conveyance of a Permanent Waterline
Easement and a Temporary Construction Easement on Maxwell Natural Area to the Fort Collins
Loveland Water District.
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 4 - Items that are substantially complete, have completed significant public process, and
are ready for Council consideration.
The purpose of this item is to authorize the conveyance of a permanent waterline easement and a
temporary construction easement to the Fort Collins Loveland Water District (FCLWD) on Maxwell
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Natural Area. The proposed easement area will traverse Maxwell Natural Area over a new alignment
and vacate in-place a portion of the original waterline alignment presently held by FCLWD on the east
side of the natural area. Replacing the existing failing waterline is crucial for water service to residents
supplied by the waterline.
16. Resolution 2020-047 Approving the First Amendment to November 5, 2019, Intergovernmental
Agreement with Larimer County, for Taft Hill Road Improvements – Horsetooth to Harmony Project.
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
● Priority 6 - Items related to funding, operation, and business activities that the City must continue
despite the current crisis.
● Priority 7 - Items required to comply with federal or state legal or other requirements.
The Taft Hill Improvements Project - Horsetooth to Harmony (Project) is funded with Larimer County
(County) Regional Transportation Capital Expansion Fee (Regional TCEF) funds and federal Surface
Transportation Block Grant (STBG) funds. The existing intergovernmental agreement (IGA) with the
County allows the County to provide the Regional TCEF funds to the City.
The purpose of this item is to clarify that the County will purchase right-of-way associated with the
Project and enable the City to reimburse the County for costs associated with right-of-way acquisition.
This item will authorize the Mayor to sign an IGA amendment (Amendment) for the IGA that was
previously signed by the Mayor as part of Resolution 2020-001. Right-of-way acquisition will support
the Project which will improve Taft Hill Road from Horsetooth Road to Brixton Road (south of Harmony
Road). The City will be reimbursing the County for applicable expenses using County Regional TCEF
and STBG funds.
Amending the IGA is critical to keeping the Project on schedule. It will allow early involvement of right-
of-way acquisition agents through the County.
17. Resolution 2020-048 Reappointing Teresa Ablao as an Assistant Municipal Judge of the Fort Collins
Municipal Court and Authorizing the Execution of an Employment Agreement.
Consideration of this item is necessary at this time because the current appointment of Assistant Judge
Ablao expires June 30, 2020, prior to the retirement of Chief Judge Lane.
The purpose of this item is to reappoint Teresa Ablao as the Assistant Municipal Judge for the Fort
Collins Municipal Court. The City Charter provides for the appointment of Assistant Municipal Judges
to serve in the absence of the Chief Judge. Teresa Ablao has served in this capacity since mid-2012.
Chief Judge Kathleen M. Lane recommends that Ms. Ablao be reappointed as one of the Assistant
Municipal Judges. Judge Ablao’s experience and familiarity with the Court will be a great resource for
the new Chief Judge.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS
A. COVID-19 Update - Jim Byrne
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
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Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be made
by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (three minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
18. Public Hearing and 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. (staff: Cameron Gloss, Tom Leeson; 5 minute presentation; 90
minute discussion)
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
● Priority 3 - Second Reading Ordinances.
Priority 4 - Items that are substantially complete, have completed significant public process, and
are ready for Council consideration. These items are being brought forward to help ensure that
work does not have to be redone and can continue to move forward.
This Ordinance, adopted on First Reading on November 5, 2019, 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. Council initiated
the rezoning on July 16, 2019 and directed 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 Council not adopt the staff-proposed
zoning and instead zone the property entirely Residential Foothills.
Second Reading hearing procedure:
1. Announcement of item
2. Consideration of any procedural issues
3. Additional City staff presentation, if any, regarding the rezoning application
4. Additional property owner presentation, if any, regarding the rezoning application
5. Public testimony
6. City staff and property owner rebuttal testimony
7. Councilmember questions of staff, the property owner, and members of the public that provided
comments
8. Council decision
Any member of the public, including the property owner of the property being considered for
rezoning, who wishes to provide materials to Council for consideration in relation to this item
must provide such information to the City Clerk no later than noon on May 19 as required
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pursuant to Section 3.g.(2) of the Amended Rules of Procedure Governing the Conduct of City
Council Meetings and Council Work Sessions.
19. Items Relating to the Appointment, Salary, Oath of Office and Employment Contract of the Chief
Judge. (staff: Teresa Roche; 5 minute presentation; 15 minute discussion)
A. Resolution 2020-049 Appointing Jill Hueser as Chief Judge, Approving the Chief Judge’s
Employment Agreement and Direction Regarding Administration of Oath of Office for the Chief
Judge.
B. First Reading of Ordinance No. 075, 2020, Amending Section 2-606 of the Code of the City of Fort
Collins and Setting the Salary of the Chief Judge.
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 5 - Items that must move forward based on a Council directed timeline, i.e., completion of
a pilot project or the end of a moratorium.
Priority 6 - Items that relate to funding, operation and business activities that the City must continue
despite of the current crisis.
The purpose of the Resolution is to appoint Jill Hueser as the new Chief Judge effective July 6, 2020,
and to approve the employment agreement of the Chief Judge. Another purpose is to direct the City
Clerk to administer the Chief Judge oath of office to Jill Hueser on July 6, 2020. The Ordinance sets
the salary of the Chief Judge effective July 6, 2020.
20. Resolution 2020-050 Approving a Development Agreement to Secure Public Benefits for Development
of the Northfield Metropolitan District Development Agreement. (staff: Josh Birks, Rachel Rogers; 5
minute staff presentation, 15 minute discussion)
THIS ITEM HAS BEEN POSTPONED TO JUNE 2
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 4 - Items that are substantially complete, has completed significant public process, and is
ready for Council consideration. This item is being brought forward to help ensure that work does
not have to be redone and can continue to move forward.
This item is vital to secure necessary project financing and is also related to Council’s previous action
of approving a metropolitan district service plan to be used in this project to help fund certain public
benefits, i.e., much-needed affordable and attainable housing. The project will also provide additional
economic benefits of construction employment and significant permit fee revenue to the City. These
benefits are material, especially in the midst of the pending economic slowdown as a result of the
COVID-19 pandemic.
The purpose of this item is to consider Resolution 2020-050, which will approve the Agreement to
Secure Public Benefits for the Northfield Development (attached as Exhibit A to the Resolution) (Public
Benefits Agreement). The Agreement is contemplated in the Consolidated Service Plan for Northfield
Metropolitan Districts Nos. 1-3, approved by City Council on October 1, 2019. Staff has completed its
review of the Public Benefits Agreement to ensure it conforms to the service plan that was approved
by Council.
21. First Reading of Ordinance No. 076, 2020, Appropriating Prior Year Reserves in the Light and Power
Fund, the Water Fund, the Wastewater Fund, and the Stormwater Fund, and Authorizing the Transfer
of Previously Appropriated Funds in the Broadband Fund for the Utilities Customer Information and
Billing System Project. (staff: Lisa Rosintoski, Kevin Wilkins, Colman Keane; 10 minute presentation;
30 minute discussion)
THIS ITEM HAS BEEN POSTPONED TO JUNE 2
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This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 6 - Items that relate to funding, operation and business activities that the City must continue
despite of the current crisis
The purpose of this item is to appropriate an additional $950,000 to purchase a Customer Information
System with an Operational Support System (CIS/OSS) for electric, water, wastewater, stormwater
and broadband billing services, replacing the legacy billing system. The CIS/OSS is the billing system
that will collect revenues for utility and broadband services, serving as the accounting ledger for
Utilities revenue, which currently generates over $212 million in annual total revenue through an
average of 84,400 monthly utility bills and service requests for residential and commercial customers.
The City signed a Master Professional Services Agreement (MPSA) and Software License Agreement
with Open International LLC (Open) in August 2018 to implement Open SmartFlex (OSF). The
CIS/OSS will be the system interface customers rely on for accurate utility and broadband billing that
includes a robust customer self-service web-portal interface for utility and broadband services that will
assist customers towards understanding utility usage and costs in order to make energy and water
conservation/efficiency investments, as well as Connexion product offerings.
Multiple factors have led to the extension of Utilities Go-Live from June 2020 to October 2020, and the
additional cost of $3.3 million in order to complete the project. Therefore, Open and City of Fort Collins
Utilities negotiated a cost-share distribution of the $3.3 million, recognizing the partnership and long-
term relationship needed for OSF as follows:
City of Fort Collins Utilities incurs 55%, for a total of $1.7 million.
Open incurs 45%, for a total of $1.4 million.
City of Fort Collins Utilities reimburses additional contingency/living expenses, estimated up to
$200,000.
Utilities and Connexion will split the City of Fort Collins Utilities share ($1.9 million), thus totaling
$950,000 each for Connexion and the four utilities. Connexion has appropriated funding within the
Connexion project. This funding request will be shared across the four utilities.
Staff recognizes there is a potential for future risks, primarily related to employee turnover and illness,
due to the pandemic environment that continues into the foreseeable future. As such, there is a risk
to meeting the October 5th Utilities Go-Live date. Therefore, staff is working with the vendor to develop
mitigating actions that will minimize vendor resource costs on the project in order to eliminate and/or
reduce those costs if there needs to be an extension of the project.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating
from the Council's Policy Agenda or initiated by staff.)
ADJOURNMENT
A. Council will consider a motion to adjourn to 6:00 p.m. on Tuesday, May 26, 2020 for mid-year
review of City Manager and City Attorney.
“I move that Council adjourn this meeting to 6:00 p.m. on Tuesday, May 26, in order to consider a
motion to go into executive session to conduct mid-year performance reviews of the Council’s direct
report employees, and for such other business as may come before the Council.”
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Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending at
the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which
have not yet been considered by the Council, will be continued to the next regular Council meeting and
will be placed first on the discussion agenda for such meeting.