HomeMy WebLinkAboutMINUTES-09/20/2011-RegularSeptember 20, 2011
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 20,
2011, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was
answered by the following Councilmembers: Kottwitz, Manvel, Ohlson, Poppaw, Troxell and
Weikunat.
Councilmembers Absent: Horak
Staff Members Present: Williams, Harris, Roy.
Agenda Review
Assistant City Manager Williams noted a revised version of Resolution 2011-090 for Item No. 24
Documenting and Presenting the City Council 's Comments on the North I-25 Final Environmental
Impact Statement was included in the Read Before the Meeting packet.
Citizen Participation
Mel Hilgenberg, 172 North College, supported Bas Bleu Theater and the Fort Collins Symphony
and urged Council to support the jail sales tax extension on the November ballot.
Cheryl Distaso, Center for Justice, Peace, and Environment, gave an update on the Wood Street
mobile home park redevelopment and urged community support of the residents.
Eric Sutherland, 3520 Golden Currant, opposed the financing of the RMI2 building and Mike
Freeman's role in the financing.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the August 23, 2011, Adjourned Meeting and
the August 31, 2011. Special Meeting.
7. Second Reading of Ordinance No. 107, 2011, Repealing Section 2-575 of the City Code
Relating to the Compensation of Councilmembers.
This Ordinance, unanimously adopted on First Reading on September 6, 2011, repeals the
City Code provision relating to Council compensation. This section is unnecessary because
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September 20, 2011
the method for adjusting compensation is set out in the City Charter, and such adjustment
is accomplished through administrative action of the City Manager.
8. Second Readina of Ordinance No. 111, 2011, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds.
The purpose of this annual "clean-up" Ordinance is to combine dedicated revenues or
reserves that need to be appropriated before the end of the year to cover the related expenses
that were not anticipated and, therefore, not included in the 2011 budget. The unanticipated
revenue is primarily from fees, charges, rents, contributions and grants that have been paid
to City departments to offset specific expenses. Prior year reserves are primarily being
appropriated for unanticipated operation expenses from reserves that are set aside for that
purpose. This Ordinance, adopted on First Reading on September 6, 2011, by a vote of 5-1
(nays: Horak) appropriates prior year reserves and unanticipated revenue in various City
funds.
9. Items Relatingto o Updates Amendments Deletions and Additions to Chapter 17 of the City
Code.
A. Second Reading of Ordinance No. 112, 2011, Amending Article V of Chapter 17 of
the City Code Pertaining to Abandoned Refrigerators and Similar Items.
B. Second Reading of Ordinance No. 113, 2011, Adding a Section to Article IV of
Chapter 17 of the City -Code Pertaining to the Violation of Court Orders.
C. Second Reading of Ordinance No. 114, 2011, Amending Articles VII and VIII of
Chapter 17 of the City Code Pertaining to Disorderly Conduct, Harassment and
Public Indecency.
D. Second Reading of Ordinance No. 115, 2011, Adding'a New Section in Article VII
of Chapter 17 of the City Code Pertaining to Graffiti Crimes.
E. Second Reading of Ordinance No. 116, 2011, Amending Article VII of Chapter 17
of the City Code Pertaining to Loitering.
F. Second Reading of Ordinance No. 117, 2011, Adding a New Section to Article VII
of Chapter 17 of the City Code Pertaining to Staying on Medians Prohibited.
G. Second Reading of Ordinance No. 118, 2011, Amending Article III of Chapter 17
of the City Code Pertaining to Jurisdictional Amount of Various Criminal Offenses.
To maintain continuity with federal law, the revised statutes for the State of Colorado, and.
the needs of citizens of Fort Collins, the Fort Collins City Code must be regularly updated
through amendments, deletions, and the creation of new ordinances. These Ordinances,
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September 20, 2011
unanimously adopted on First Reading on September 6, 2011, will allow law enforcement
to more effectively and efficiently protect and serve the citizens of Fort Collins.
10. Second Reading of Ordinance No. 119, 2011 Amending Various Provisions of the Fort
Collins Traffic Code.
The Colorado General Assembly amended certain statutory provisions this legislative
session relating to state traffic laws. This Ordinance, unanimously adopted on First Reading
on September 6, 2011, ensures that the Fort Collins Traffic Code is consistent with state
traffic laws.
11. Second Reading of Ordinance No. 120, 2011, Making Various Amendments to the Land Use
Code.
This Ordinance, unanimously adopted on First Reading on September 6, 2011, makes
various changes, additions and clarifications in the 2011 annual update of the Land Use
Code.
12. Second Reading of Ordinance No. 121, 2011. Authorizing the Conveyance of a Portion of
a_Tract of Stormwater Utility Property to Kevin P. Caffrey and Julia J. Caffrey.
In 1992, the final plat of Clarendon Hills Fifth Filing dedicated Tract E to the City of Fort
Collins for the purposes of storm drainage, flood plain management and Department of Parks
and Recreation use. The intended purpose of the Parks and Recreation use was for a bike
trail. In 1998, the location of the bike trail was changed to be adjacent to Shields Street. To
accommodate this change, the City acquired Tracts A, B, and D of Clarendon Hills Fifth
Filing for the bike trail that has been constructed and is now in use. Due to the City's change
of use for Tract E, the adjacent property owners, Kevin and Julia Caffrey, have expressed
an interest to obtain the portion of Tract E that abuts their property at 5424 Hilldale Court.
This Ordinance, unanimously adopted on First Reading on September 6, 2011, authorizes
the conveyance to the Caffreys of two small triangular areas in Tract E, totaling 547 square
feet in area, that are outside the erosion buffer limits, the City's floodway, and therefore are
not required for flood plain management or for storm drainage by the City.
13. Items Relating to the U12uade of the Computer Aided Dispatch Records Management and
Jail Management System.
A. Resolution 2011-085 Approving an Exemption to the Use of a Competitive Process
for a Contract with Tiburon, Inc. For System Upgrades to the Computer Aided
Dispatch, Records Management and Jail Management System.
B. First Reading of Ordinance No. 122, 2011, Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for the Building on Basics Police
Computer Aided Dispatch, Records Management and Jail Management System
Upgrade.
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September 20, 2011
This Resolution authorizes Fort Collins Police Services to upgrade the current Computer
Aided, Dispatch, Records Management and Jail Management System (CAD/RMS/JMS)
systems (software, hardware and project manager costs) through Tiburon, Inc. which will
allow the CRISP (Combined Regional Information Sharing Project) agencies to bring the
current CAD/RMS/JMS system up-to-date. The current version of CAD/RMS/JMS is
outdated and does not operate in the latest Windows or Internet Explorer environments. The
Ordinance authorizes the appropriation of funds needed to complete this project.
14. First Reading of Ordinance No. 123, 2011. Amending Section 2-637 of the City Code to
Expand the Financial Disclosure Requirements for Members of the City Council, the City
Manager, and the City Attorney.
The Ordinance expands the financial disclosure requirements for City Council candidates,
the elected City Council, City Manager, and City Attorney to include any and all interests
in real property by the person making disclosure or the person's spouse, regardless of
whether the property is held for the purpose of resale and profit, as currently required.
15. Items Relating to Turfezass and Updating Related City Code References.
A. First Reading of Ordinance No. 124, 2011, Amending Article IV of Chapter 20 of
the City Code Regarding Weeds, Grass and Rubbish.
B. First Reading of Ordinance No. 125, 2011, Amending Article VII of Chapter 12 of
the City Code Regarding Resource Conservation.
n an effort to promote water conservation, lower greenhouse gas emissions, and provide
options for Fort Collins residents who are interested in using water -wise turfgrass, these
Code amendments allow certain grass types to be exempt from the current six inch height
limit. The grass types that would be exempt are Blue Grama and Buffalograss, and they
would have a height limit of twelve inches.
16. Items Relating to Civil Infraction and Abatement Procedures.
A. First Reading of Ordinance No. 126, 2011, Amending Article V of Chapter 19 of the
City Code Pertaining to Rules for Civil Infractions and Making Editorial Corrections
to Article V. -
B. First Reading of Ordinance No. 127, 2011, Adding a Section in Article IV of Chapter
20 of the City Code to Allow for an Appeal Process to Contest the Assessment of
Costs of Weed and Rubbish Abatements and Making Editorial Corrections to Article
IV.
The amendments to Article V of Chapter 19 of the City Code will allow staff to make
payment plan arrangements with defendants for the amount due for civil infractions, and to
September 20, 2011
extend a defendant's timeframe within which to satisfy judgment after a final hearing to a
reasonable period of time beyond thirty days.
The amendments to Article IV of Chapter 20 of the City Code will provide the option of an
appeal process for weed and/or rubbish abatement invoices with the Director of Community
Development & Neighborhood Services (CDNS) or with the Municipal Court Referee which
is consistent with the appeal process for sidewalk snow removal abatements.
17. Resolution 2011-086 Authorizing the Initiation of Exclusion Proceedings of Annexed
Properties Within the Territory of the Poudre Valley Fire Protection District and the
Territory of the Windsor -Severance Fire Protection District.
This Resolution authorizes the City Attorney to file a petition in Larimer County District
Court to exclude properties annexed into the City in 2010 from the Poudre Valley Fire
Protection District and the Windsor -Severance Fire Protection District in accordance with
state law and to allow for the provision of fire protection services to such properties by the
Poudre Fire Authority.
18. Resolution 2011-087 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Leistikow Annexation.
The applicants, Wayne B. and Janice E. Leistikow, the property owners, have submitted a
written petition requesting annexation of 18.035 acres located on the east side of South
Timberline North Road, and on the south side of Trilby Road. The property contains a
single family detached home approved in Larimer County under FA-1 zoning as part of the
Leistikow Minor Residential Division approved.in 1992. The requested zoning for this
annexation is UE — Urban Estate. The parcel to the north is the Westchase P.U.D., zoned
L-M-N and U-E and annexed into the City of Fort Collins in 2001. The properties to the
east, south and west are currently zoned FA-1 and located in Larimer County.
19. Resolution 2011-088 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Courtney Annexation.
The applicants, C. Scott and Nancy E. Courtney, the property owners, have submitted a
written petition requesting annexation of 3.13 acres located east of Ziegler Road and south
of East Horsetooth Road. The property is Lot 3 of the Strobel M.R.D. and is addressed as
3256 Nite Court, which is at the east end of Charlie Lane. Portions of street right-of-way
for Nite Court and Charlie Lane are included in the annexation boundary. The property is
developed and is in the FA1 - Farming District in Larimer County. The requested zoning
for this annexation is UE — Urban Estate. The surrounding properties are currently zoned
FA 1 — Farming in the Larimer County to the north, east and south; and, UE — Urban Estate
in the City to the west.
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September 20, 2011
20. Resolution 2011-089 Extending the Deadline for the City and Town of Windsor to Take
Certain Actions Required by the Intergovernmental Agreement Pertaining to the
Development of the Interstate 25/State Highway 392 Interchange.
On December 21, 2010, the City Council approved an intergovernmental agreement with the
Town of Windsor pertaining to the development of the I-25 interchange at the intersection
of State Highway 392. The IGA states that the City and Windsor will take certain actions
to implement the IGA by March 31, 2011. On March 15, 2011, Council extended the
deadline for all actions to be taken under Section 4.2.2, 4.3.1 and 4.3.8 of the IGA to June
7, 2011. .
On May 17, 2011, the City Council adopted Resolution 2011-041, extending the deadline
for staff of both municipalities to complete their studies and public outreach until September
20, 2011. The staff ofboth municipalities recommend that the September 20, 2011, deadline
be further extended to December 6, 2011, in order to allow additional time to complete their
studies and public outreach and make their recommendations.
***END CONSENT'
Ordinances on Second Reading were read by title by Chief Deputy City Clerk Harris.
7. Second Reading of Ordinance No. 107, 2011, Repealing Section 27575 of the City Code
Relating to the Compensation of Councilmembers.
8. Second Reading of Ordinance No. 111, 2011, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds.
9. Items Relating to Updates, Amendments, Deletions and Additions to Chapter 17 of the City
Code.
A. Second Reading of Ordinance No. 112, 2011, Amending Article V of Chapter 17 of
the City Code Pertaining to Abandoned Refrigerators and Similar Items.
B. Second Reading of Ordinance No. 113, 2011, Adding a Section to Article IV of
Chapter 17 of the City Code Pertaining to the Violation of Court Orders.
C. Second Reading of Ordinance No. 114, 2011, Amending Articles VII and VIII of
Chapter 17 of the City Code Pertaining to Disorderly Conduct, Harassment and
Public Indecency.
D. Second Reading of Ordinance No. 115, 2011, Adding a New Section in Article VII
of Chapter 17 of the City Code Pertaining to Graffiti Crimes.
E. Second Reading of Ordinance No. 116, 2011, Amending Article VII of Chapter 17
of the City Code Pertaining to Loitering.
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September 20, 2011
F. Second Reading of Ordinance No. 117, 2011, Adding a New Section to Article VII
of Chapter 17 of the City Code Pertaining to Staying on Medians Prohibited.
G. Second Reading of Ordinance No. 118, 2011, Amending Article III of Chapter 17
of the City Code Pertaining to Jurisdictional Amount of Various Criminal Offenses.
10. Second Reading of Ordinance No. 119, 2011 Amending Various Provisions of the Fort
Collins Traffic Code.
11. Second Reading of Ordinance No. 120, 2011, Making Various Amendments to the Land Use
Code.
12. Second Reading of Ordinance No. 121, 2011, Authorizing the Conveyance of a Portion of
a Tract of Stormwater Utility Property to Kevin P. Caffrey and Julia J. Caffrey.
Ordinances on First Reading were read by title by Chief Deputy City Clerk Harris.
13. First Reading of Ordinance No. 122, 2011, Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for the Building on Basics Police Computer
Aided Dispatch, Records Management and Jail Management System Upgrade.
14. First Reading of Ordinance No. 123, 2011, Amending Section 2,637 of the City Code to
Expand the Financial Disclosure Requirements for Members of the City Council, the City
Manager, and the City Attorney.
15. Items Relating to Turfgrass and Updating Related City Code References.
A. First Reading of Ordinance No. 124, 2011, Amending Article IV of Chapter 20 of
the City Code Regarding Weeds, Grass and Rubbish.
B. First Reading of Ordinance No. 125, 2011, Amending Article VII of Chapter 12 of
the City Code Regarding Resource Conservation.
16. Items Relating to Civil Infraction and Abatement Procedures.
A. First Reading of Ordinance No. 126, 2011, Amending Article V of Chapter 19 of the
City Code Pertaining to Rules for Civil Infractions and Making Editorial Corrections
to Article V.
B. First Reading of Ordinance No. 127, 2011, Adding a Section in Article IV of Chapter
20 of the City Code to Allow for an Appeal Process to Contest the Assessment of
Costs of Weed and Rubbish Abatements and Making Editorial Corrections to Article
IV.
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September 20, 2011
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt the Consent
Calendar. Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw and Troxell. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-ua
Councilmember Troxell asked if Councilmembers should disclose their primary residences in
reference to Item No. 14, First Reading of Ordinance No. 123, 2011, Amending Section 2-637 of the
City Code to Expand the Financial Disclosure Requirements for Members of the City Council, the
City Manager, and the City Attorney. City Attorney Roy replied. the new language would require
disclosure of all property.
Councilmember Troxell asked if other species of grass are included in Item No. 15, Items Relating
to Turfgrass and Updating Related City Code References. Beth Sowder, Neighborhood Services
Manager, replied the item is specific to the two species mentioned.
Staff Reports
Wendy Williams, Assistant City Manager, updated Council on the Natural Areas Education and
Outreach Program. She stated the City of Fort Collins received the runner-up title for the Best of
the Web award from the Center for Digital Government. Additionally, the City has received an
Award of Excellence from the City -County Communication and Marketing Association for the Keep
Fort Collins Great tax initiative.
Councilmember Reports
Councilmember Manvel discussed the grand opening of the new Crossroads Safehouse facility and
commended the community support for the project.
Mayor Weitkunat stated the Fort Collins -Loveland Municipal Airport runway has recently been
completed. Additionally, the airport is enlarging its passenger waiting area, making parking lot
improvements, and developing flightless travel to Denver International Airport.
Resolution 2011-090
Documenting and Presenting the City Council's Comments on
the North I-25 Final Environmental Impact Statement, Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
The Colorado Department of Transportation (CDOT) Region 4 staff has been developing the North
1-25 Environmental Impact Statement (EIS) for several years. Work on the EIS began in 2001. The
purpose of the North 1-25 EIS is to plan for long-range transportation needs to connect Northern
September 20, 2011
Colorado with the Denver metropolitan area. The study area focuses on highway and transitplans
for the Interstate 25 corridor, US287 corridor, and the US85 corridor.
CDOT published the Final EIS document on August 19 and is seeking agency and public comments
through October 3. Staff has reviewed the Final EIS document and provided technical comments
to share with City Council and CDOT as part of this public review period. The September 20
regular session action represents the City's opportunity to share staff, Council, and other potential
community concerns with CDOT as part of the formal comment period on the Final EIS document.
BACKGROUND /DISCUSSION
The purpose of the North I-25 EIS is to plan for long-range transportation needs to connect
Northern Colorado with the Denver metropolitan area. The study area focuses on highway and
transit plans for the Interstate 25 corridor, US287 corridor, and the US85 corridor. (Please see
Attachment 1 fora copy of the Final EISExecutive Summary, including a copy of the study area map
shown on page ES-2).
City Councilmember Ben Manvel and staff from Advance Planning/Transportation Planning have
been participants on CDOT's Regional Coordination Committee (RCC) and Technical Advisory
Committee (TAC) throughout the EIS process. The TAC members are comprised of technical staff
from the various local municipalities, plus regional, state, and federal agencies. The RCC includes
elected officials from communities throughout the North 1-25 EIS project area. The RCC and TAC
members have provided comments and feedback to CDOT's ElSproject team throughout the multi-
year planning process.
The Colorado Department of Transportation (CDOT) released the Final North I-25 Final
Environmental Impact Statement (FEIS) document for a public review period on August 19 and is
seeking agency and public comments through October 3.
CDOT has an electronic version of the FEIS document available for public review via their website:
(http://www.coloradodot.info/projects/north-i-25-eis) and hard copies are available at the City's
Transportation Planning office located at 281 North College Avenue and at the main Library on
Peterson Street.
In addition to reviewing the FEIS document via CDOT's website, the City has an electronic copy
available for review/download. The following are directions for staffand City Council to access the
electronic FEIS documents (please note that the FEIS document is very large so we do not
recommend printing it):
Click on your computer's "start menu " and select the "run " option
Copy the following text:
explorer. exe ftp: //gw-download: ven53dor@ns2.fcgov. com/North_I_25_EIS/
Paste this text into the "Run" window's text box
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• Click the "OK" button
• View or copy the files in this folder
It is importantfor the City of Fort Collins staffand City Council to provide formal comments on the
FEIS document so that our concerns,tquestions, and issues are part of the formal record for the
Colorado Department of Transportation and Federal Highways Administration to consider when
finalizing the document and completing the environmental clearance process for these identified
highway and transit improvements.
There may be instances where the City's comments do not directly result in a change to the final EIS
document at this time, however this information will be useful input as the local, state, and federal
agencies move forward with implementing these important transportation improvements in the
future. Some of our concerns may be more applicable at the more detailed design, engineering,
and/or construction phases of these transportation projects.
OVERVIEW OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT
PREFERRED ALTERNATIVE
CDOT has provided the following information regarding the Preferred Alternative. The Preferred
Alternative is a combination of previous highway and transit alternatives developed by CDOT
during the earlier draft phases of the EIS process. It is based upon technical data analysis as well
as upon input from the various local, state, and federal agencies and the general public.
The Preferred Alternative includes:
•Multimodal improvements on several regional corridors, including highway and transit
improvements along I-25, US287, and SH85. Based on the proposed Preferred Alternative, I-25
would be widened with general purpose lanes and Tolled Express Lanes (TELs). Substandard
interchanges would be reconstructed or upgraded to accommodate future travel needs and replace
aging infrastructure.
Commuter rail transit service using the Burlington Northern Santa Fe rail corridor from
Fort Collins to the planned Fas Tracks North Metro end -of -line station in Longmont. The
commuter rail service is planned to continue to Downtown Denver's Union Station via the
North Metro route. A connection to Boulder would also be made with a transfer to the
Northwest Rail line at the Sugar Mill Station in Longmont. The commuter rail line would
consist of a single track with occasional passing tracks.
Express bus service would operate in the TELs along I-25 to connect northern Colorado
communities to downtown Denver and Denver International Airport (DIA). The express bus
.service would utilize existing, expanded and new park & rides along I-25.
Commuter bus service along US85 would connect Greeley with downtown Denver with stops
at the communities along the route.
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September 20, 2011
Please see Attachment I (Final EIS Executive Summary, page ES-8) for a map illustrating the
recommended transportation improvements included in the Preferred Alternative.
PHASING
To accommodate current finding limitations, the Preferred Alternative has been separated into
phases. The first phase is estimated to cost approximately $670 million (in 2009 dollars) and would
be constructed with fundingprojected to be available in the amended 2035Regional Transportation
Plan (RTP). Total cost for all of the improvements shown in the Preferred Alternative is
approximately $2.178 billion. Future phases would be constructed over time as funding is
available.
Phase 1 of the Preferred Alternative is shown in Attachment I (Final EIS Executive Summary, page
ES-18) and includes the following elements within the Fort Collins area:
Widening I-25 between SH392/Carpenter Road and SH14/Mulberry Street - would initially
be used as continuous acceleration/deceleration lanes but would ultimately become part of
the general purpose lanes. The widening ofI-25 between SH392 and SH14 would eventually
accommodate TELs.. Widening would include water quality ponds, and median barrier
features necessary to accommodate this improvement. Right-of-way purchase associated
with the ultimate Preferred Alternative cross section is also included.
• Interchange replacement and upgrades — SH14/Mulberry and Prospect interchanges would
be constructed to their ultimate configurations. The interchange improvements at I-25 and
SH392 will be completed as part of the separate joint agency project already underway.
• Park & ride improvements at I-25 interchanges.
• Commuter Rail Right -of -Way (ROW) preservation — All ROW necessary to construct the
ultimate commuter rail configuration would be purchased as part of Phase 1.
• Initial I-25 Bus — Regional bus service connecting from Fort Collins to downtown Denver
and DIA would be initiated. Transit stations would be constructed as part of Phase 1 and
buses would be purchased.
The culmination of the EIS process is for CDOT to seek a Record of Decision (ROD) from the
Federal Highway Administration (FHWA). and the Federal TransitAdministration (FTA). The ROD
will signify federal agency approval for the highway and transit improvements identified in Phase
I of the Final EIS (FEIS) document.
The ROD will identify funding for Phase 1 consistent with regional transportation plans included
in the Metropolitan Planning Organization's planning documents. The ROD will be prepared only
for Phase 1 of the Preferred Alternative.
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September 20, 2011
For the remaining phases, the rest of the project elements would then be implemented to complete
the ultimate Preferred Alternative over time, depending upon safetyfactors, transportation needs,
and available resources/funding.
Phase 2 is anticipated to include constructing the commuter rail from Loveland to Longmont,
constructing TELs and associated interchange upgrades between SH14/Mulberry and SH56 and
between E-470 and 120th Avenue.
Phase 3 is anticipated to include the completion of the commuter rail from Loveland to Fort Collins,
constructing the general purpose lanes from SH14/Mulberry to SH66, and constructing TELs from
SH66 to E-470. Subsequent RODs will be prepared for these future phases, as funding becomes
available.
CITY OF FORT COLLINS COMMENTS ON THE EIS
City Council and staff have previously commented on the EIS process and draft documents over the
years, with the most recent being two City Council work sessions in 2009 (February and October)
as well as formal comments provided by the City on the Draft EIS document in 2008.
Prior Fort Collins City Council and staff comments/concerns expressed to CDOT to -date include
phasing and details of proposed commuter rail and highway improvements; impacts to wildlife
habitat areas, air quality, water quality, and stormwater contaminants; as well as the need for
bigger picture costlbenefit analysis considering long-term sustainability objectives.
ExhibitA to the Resolution contains the City of Fort Collins comments on the Draft Environmental
Impact Statement that were submitted to CDOT in 2008 and comments from the 2009 City Council.
Work sessions. This information includes CDOT responses to prior City comments as well as
new/additional City staff comments that have been added based upon review of the Final EIS
document.
Staff comments on the 2011 FEIS document are consistent with the same themes of concerns shared
with CDOT as part of the City's comments on the prior draft EIS document and proposed
alternatives in 2008-2009.
Staff is pleased that many of our prior comments, concerns, and suggestions shared with CDOT over
the years have been incorporated in to the FEIS document such as the inclusion and importance of
the multimodal options to provide express bus and commuter rail service in the core activity centers
and corridors of our community as well as the highway and interchange improvements needed to
improve safety and capacityfor automobile and freight traffic.
CDOT has recognized Fort Collins' land use and transportation planning visions as documented
in Plan Fort Collins (City Plan and Transportation Master Plan), and also integrated the
multimodal improvements included in the City's Mason Corridor master plan into _their commuter
rail corridor planning and station locations. For example, the three future commuter rails stations
shown in the FEIS Preferred Alternative are co -located with the City's MAX Bus Rapid Transit
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(BRT) stations at the South Transit Center, University station, and Downtown Transit Center to
integrate regional passenger rail service with our local transit plans. Similarly, CDOT's regional
express bus service shown along Harmony Road will integrate regional and local transit service
along this corridor from the City's South Transit Center to the transfer center currently located at
Harmony/1-25. This interface with the Mason/MAX and Harmony corridors will support local
transit passengers wishing to connect with regional service to downtown Denver and Boulder.
While many of the prior City comments/questions/concerns have been addressed by CDOT in the
FEIS, City staff continues to have concerns regarding several areas of the FEIS document.
Highlights of these continuing concerns include the following points:
Implementation phasing for the various transportation improvements, specifically the
phasing plan shown for the future commuter rail service extending from Loveland to Fort
Collins is not shown until Phase 3 (CDOT expected timeframe of2075+). Staff recommends
that CDOT revise the FEIS to only show two phases — Phase I as shown now, as the
'fiscally constrained plan " based on anticipated funding levels through 2035. Then, the new
"Phase 2 " would include all of the remaining elements of the Preferred Alternative and be
considered the "unfunded " items and not be tied to an artificial, 50-60+ year time horizon.
These transportation improvements — highway and transit — shown in Phase 2 and 3 need
to be implemented sooner rather than later to serve the regional travel demand forecast for
2035. Dividing them into two artificial phases does not solve the issue that the future
regional transportation needs significantly outpace our current funding sources. The EIS
Preferred Alternative should be a catalyst for convening regional discussions and
partnerships to work together toward accomplishing these needs within the 2035 timeframe.
The transportation and air quality analysis included in the FEIS results in travel demand
projections that do not reflect changingfuel costs, use of alternative fuel vehicles, changing
lifestyle choices and long-term sustainability values, as well as other potentially significant
factors that would influence the demand for interstate and transit travel in the future. Our
cities, our region, and our country are facing a very different paradigm in the future. It
seems that traditional analysis tools based on the past 50 year trends may not be accurate
for predicting future demand and travel behavior. Staff recommends that CDOT perform a
Triple Bottom Line method of analysis that factors in traditional transportation analysis
methods along with including Environmental, Economic, and Human factors. While staff
recognizes the need for addressing pressing safety, capacity and ageing infrastructure
concerns along1--25, we also hope that roadway investments made in the nearfuture will not
become stranded assets as mode shift occurs. Fortunately the transit system in the Preferred
Alternative can accommodate increases in transit mode share overtime by adding additional
transit vehicles.
• Every effort to implement non -barrier methods of noise mitigation along 1-25 (for example,
where itpasses Arapaho Bend Natural Area) should be implemented. Staff does not support
construction of a barrier to mitigate noise in this area. In addition, potential
fencing/barriers/sound walls within other areas of Fort Collins, either along the highway
and/or commuter rail corridor, are notpermitted in Fort Collinsfrom a communityplanning
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and environmental perspective. Staff requests that CDOT delete these elements and/or
include other options to maintain view sheds and wildlife movement corridors.
• Wetlands impacted in the Fort Collins regional area should be mitigated within the same
Fort Collins regional area. Local mitigation requirements per City of Fort Collins Land Use
Code should be considered for locally (Fort Collins) impacted wetlands. Staffsupports the
mitigation of both federally jurisdictional and non jurisdictional wetlands throughout the
project area.
Regarding floodplains, the mitigation in the FEIS document for each creek, river, or other
drainage is vague, not site specific, and makes it impossible to evaluation for direct and
indirect impacts to wetlands and floodplains. The same four mitigation measures are
identified for separate drainages. Staff requests that revised, site specific mitigation plans
for each drainage should be conducted for the public and appropriate stakeholders to
comment on either as part of the ElSprocess and/or as part of the design process that moves
forward for implementation. In addition, CDOT should state that all regulations will be
followed including federal, state, and local requirements (not just the FEMA regulations as
noted in the FEIS).
Regarding the Floodplain Report, Cache La Poudre River section, the information should
be corrected to reflect that the City of Fort Collins staff highly supports removing the split
flow on the west side of I-25 if regulatory issues can be resolved through mitigation. The
split flow current heads south and crosses Harmony Road. Eliminating this split flow would
be an important life -safety issue since Harmony Road, a major arterial into Fort Collins, is
overtopped in less than a 100 year flood.
Exhibit A to Resolution 2011-090 is a summary ofmore detailed comments/concerns from City staff
on the 2011 FEIS document. The City comments are organized by topic area and include analysis
of CDOT's responsiveness .to the City's prior comments as well as new staff
comments/questions/concerns based on the FEIS.
Comments that are submitted to CDOT as part of the public review period will be noted for CDOT
response and included for review by the Federal Highway Administration (FHWA) as part of their
formal review process of the EIS. As part of the Record of Decision (ROD) approval process,
FHWA will consider whether or not CDOT has adequately addressed the comments received during
the public review period. The EIS Phase 2 and 3 improvements will need to go through a
subsequent formal review process by FHWA before they can be implemented. CDOT will be
confirming the future process for Phase 2 and 3 improvements for the public and local agencies as
part of the upcoming public outreach process.
PUBLIC OUTREACH AND NEXT STEPS
CDOT is hosting a series of public meetings regarding the FEIS document from 4:30 — 7:30 p.m.
on the following dates:
M
September 20, 2011
• September 12— Southwest Weld County Building,4209 Weld County Road 24 `/z'(1--25 exit
#240)
• September 13 - Longmont Public Library, 409 4th Avenue, Longmont
• September 15 — The Ranch (Budweiser Events Center), 5290 Arena Circle (1-25 exit #259)
The format for each of the public hearings will include an open house from 4: 30 pm to 7: 00 pm with
a briefpresentation beginning at 5:30 pm followed with an opportunity to comment. City staff will
be attending the public meeting on September 15th to share comments'with CDOT's EIS project
team as well as to listen to community comments.
Once CDOT and FHWA have an approved ROD for the North I-25 EIS, they are planning to move
forward with the design phase of the 1-25 highway improvements from SH14 south to SH392. City
staff will continue to work with CDOT throughout this design process to carryforward the issues,
comments, and suggestions discussed during the EIS process.
In addition, CDOT and the Army Corps of Engineers are currently working on the 404 permitting
requirements for wetland mitigation and have submitted a separate permit application to the City's
Natural Resources departmentfor review. City staff is'reviewing this information concurrently with
the EIS review and will be providing consistent comments on both the FEIS and the 404 permit
application regarding the desire for wetland mitigation to be done locally ifpossible.
FINANCIAL / ECONOMIC IMPACTS
There are no direct financial impacts to the City of Fort Collins at this time based on the review of
the FEIS document.
In the future, the City ofFort Collins will need to address potential opportunities forpartnering with
CDOT and other local/regional agencies to fulfill the implementation of the various transportation
projects included in the FEIS Preferred Alternative. "
Kathleen Bracke, Director of Transportation Planning and Special Projects, stated staffhas reviewed
the Final Environmental Impact Statement (FEIS) for its consistency with the City's adopted plans.
CDOT is in the process of seeking a record of decision, which will involve comments from
appropriate municipalities and the public, for the Federal Highway Administration. The preferred
FEIS alternative includes highway improvements along I-25, interchange improvements, and transit
improvements. The total cost of the preferred alternative is $2.178 billion. The implementation of
the preferred alternative has been phased into three sections and CDOT is currently seeking input
on the record of decision for Phase One, which will be implemented through 2035. Staff is
concerned about the Fort Collins area improvements not being implemented until Phase Three,
which will not begin until 2055, and with the potential underestimated transportation demand
projections. Staff is also concerned about potential physical barriers created along I-25 that may
restrict viewsheds or wildlife movement corridors, and about wetland mitigation.
Mayor Pro Tern Ohlson thanked CDOT for its work in the Fort Collins area and asked about the
possibility of the concerns being addressed in the final report. Johnny Olson, CDOT Regional
6SI
September 20, 2011
Director, thanked City staff for its work on the report. He stated many of the concerns are project
development issues and all of the concerns will be documented in a mitigation plan. Floodplain
issues and the Poudre River split will be addressed on a project planning basis.
Myron Hora, CDOT Planning and Environmental Division, stated funding challenges necessitated
phasing. The final record of decision will indicate that items can be moved forward and
implemented in earlier phases, should funding become available.
Mayor Pro Tem Ohlson asked about wetland mitigation. Mr. Hora replied the plan is to mitigate
prior to making the impact. All of the disturbed wetlands will be replaced in one, high -quality
location. The wetlands disturbed in the Fort Collins area total less than an acre.
Councilmember Manvel stated he has been involved in this process for about five years and
commended the process. He questioned the use of the assumption that the price of fuel will remain
constant.
Mayor Weitkunat supported the plan and noted it will be in place when funding becomes available.
Councilmember Troxell made a motion, seconded by Councilmember Manvel, to adopt Resolution
2011-090 as amended.
Mayor Pro Tern Ohlson asked why no attempt was made to include possible fuel price fluctuations
in the modeling. Mr. Hora replied other assumptions, such as inflation, may have been included.
Mr. Olson thanked Council for its support of the Resolution and agreed the formation of the plan
is an important step in garnering funding for specific aspects of the plan. He thanked staff for their
work on the plan.
The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw and
Troxell. Nays: none.
THE MOTION CARRIED.
Resolution 2011-091
Amending the Rules of Procedure Governing
the Conduct of City Council Meetings, Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUMiVARY
This Resolution amends the rules of procedure that govern the conduct of City Council meetings
with regard to citizen comment during the Citizen Participation segment of the meetings. The 30-
minute time limit that currently exists for the Citizen Participation segment of the meetings would
56
September 20, 2011
be eliminated and certain topics would be specified as not being appropriate for comment during
that portion of the meeting: matters on the discussion agenda for the meeting and quasi-judicial
matters.
BACKGROUND /DISCUSSION
Since 2003, the Council has conducted its meetings under rules ofprocedure thatgovern the length
of meetings, citizen comment, Council questions and'debate, and basic rules of order. The rules
relating to citizen comment during the Citizen Participation segment of the meetings state that such
comment will be limited to a total of 30 minutes. Over recent years, the practice has been to allow
all citizens who wish to comment to do so, subject to limits on the amount of time that each citizen
may speak. That time limit depends on the number of speakers. In order to conform this portion
of the rules to the current practice, the Resolution would eliminate the 30-minute overall time limit
and instead allow the Mayor to set the individual time limit in order to allow as much citizen input
as reasonably practicable given the scheduled agenda for the meeting.
The Resolution also changes the Order of Business to clarify that Agenda Review will take place
before Citizen Participation, so that citizens are not prevented from speaking during Citizen
Participation regarding items that were originally scheduled for Council consideration but removed
from the agenda after publication of the agenda materials.
In addition, the Resolution would clarify the topics that are appropriate for comment by citizens
under this segment of the meeting. The first clarification is that comment is not permitted on matters.
that will be addressed later. in the meeting as part of the discussion agenda for the meeting. The
second is that comment is not permitted on quasi-judicial matters that may in the future be
considered by the Council during an appeal. The reason for this second clarification is twofold.
First, quasi-judicial matters must be decided solely on the basis of the information that is provided
to the original decision maker at a public hearing held for that purpose. To respect that
requirement, comments made to the Council by citizens at a regular Council meeting would have
to be transcribed and submitted to the decision makerfor consideration at the quasi-judicial hearing
so that all parties directly affected by the decision could be made aware of the comments and have
an opportunity at the hearing to respond to them. In addition, the Council must remain impartial
if it is to hear an appeal of the original decision makers' decision. Comments made during Citizen
Participation may compromise the Council's impartiality if the matter addressed by the citizens
later comes to the Council on appeal. "
City Attorney Roy stated this Resolution would make three changes to Council's rules of procedures
for conducting City Council meetings. It would change the order of the meeting by moving the City
Manager's Agenda Review prior to Citizen Participation, eliminate the 30-minute citizen
participation time limit, and would specify two types of topics as not appropriate for citizen
participation comment: items already on the discussion agenda and comments relating to quasi-
judicial matters. City Attorney Roy detailed the definition of quasi-judicial.
57
September 20, 2011
Ross Cunniff, 2267 Clydesdale Drive, expressed concern this change could create the impression
that Council is unapproachable. He questioned the language relating to items which "may" be
subject to litigation.
Eric Sutherland, 3520 Golden Currant, disagreed with City Attorney Roy's legal interpretation and
suggested Council table the issue until potential changes to the appeal process have been made.
Devin Himing, 2214 Fossil Creek Parkway, discussed Federalist governments and encouraged
leniency in citizen participation.
Cheryl Distaso, Center for Justice, Peace, and the Environment, opposed the Resolution and
supported an examination of best processes in other communities.
Councilmember Manvel stated the item may need additional work.
City Attorney Roy noted it would be possible to document and transcribePlanning and Zoning Board
comments made to Council as part of the appeal record, although it would require some resources.
Mayor Pro Tern Ohlson stated his support for the Resolution is questionable because he did not
support limiting citizen comment on quasi-judicial matters that may be the subject of future
consideration by Council.
Councilmember Poppaw asked if Councilmembers can recuse themselves based on the fact that they
may no longer feel impartial.
City Attorney Roy stated Councilmembers may recuse themselves at any point; however, a judge
has the right to determine whether a reasonable person in that situation would still be impartial.
Councilmember Kottwitz made a motion, seconded by Councilmember Troxell, to adopt Resolution
2011-091.
Councilmember Kottwitz stated Councilmembers appreciate citizen opinions; however, quasi-
judicial matters are part of Council and these changes are in the best interest of transparency.
Mayor Weitkunat stated these changes are a result of an increasing City size and additional land use
and development issues.
Councilmember Manvel noted the quasi-judicial items are not limited to solely Planning and Zoning
Board items. City Attorney Roy replied the Building Review Board is responsible for licensing
decisions, outside the land use context, which could also be quasi-judicial. However, the vast
majority of quasi-judicial matters are related to specific development proposals.
Councilmember Poppaw expressed concern regarding the quasi-judicial aspect of the Resolution.
September 20, 2011
Councilmember Troxell stated the Resolution is designed to maintain fairness.
Mayor Pro Tem Ohlson supported the aspect of the process involving citizen participation at each
agenda item, regardless of where it falls on the agenda. He suggested the planning process may
need review and improvement prior to making a decision regarding the quasi-judicial issues.
City Attorney Roy asked for Council direction as to how the Resolution should be reworked, should
it opt to not take action on the quasi-judicial aspect of the Resolution.
Councilmember Manvel opposed pulling out the quasi-judicial aspect of the Resolution as the
Resolution essentially codifies the existing practice.
Mayor Weitkunat suggested eliminating the word "precisely" in reference to the meeting start time,
and changing the phrase relating to Council's breaks to reference "short" rather than a specific time.
Councilmembers Kottwitz and Troxell accepted the friendly amendment to make the changes.
Mayor Weitkunat suggested language changes relating to the quasi-judicial aspect. City Attorney
Roy suggested the following language: "particular land use proposals that, if approved by the
Planning and Zoning Board or hearing officer, would be subject to appeal to the City Council."
Councilmember Poppaw offered a friendly amendment to add City Attorney Roy's suggested
language. Councilmembers Kottwitz and Troxell accepted the amendment.
City Attorney Roy stated the word "pending" could be applied to land use proposals.
Councilmember Poppaw suggested a friendly amendment to replace the word "particular" with
"pending" in the aforementioned language. Councilmembers Kottwitz and Troxell accepted the
amendment.
Mayor Pro Tern Ohlson asked for a definition of "pending." City Attorney Roy replied he would
interpret the word to mean that an application has been filed with the City for an Overall
Development Plan or Project Development Plan.
The vote on the motion to adopt Resolution 2011-091, as amended, was as follows: Yeas:
Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw and Troxell. Nays: none.
THE MOTION CARRIED.
59
The meeting adjourned at 8:20 p.m.
ATTEST:
A�44,y
Chief Deputy City Clerk
Adjournment
OF FORT CO!!
SEAL, 'o
r
September 20, 2011