HomeMy WebLinkAboutMINUTES-09/02/2014-RegularSeptember 2, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
Staff Present: Atteberry, Daggett, Knoll
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated an Executive Session will be considered under Other Business,
which will follow the Skyview GID meeting.
• CITIZEN PARTICIPATION
Eric Sutherland, 3520 Golden Currant, discussed Item No. 3, Second Reading of Ordinance No.
108, 2014, Amending Chapter 26 of the, City Code to Revise Electric Rates, Fees and Charges
and Provide Rates for Customers Enrolled in the Fort Collins Community Solar Project and
opposed the fact time -of -use rates are not part of the Ordinance.
Mel Hilgenberg, 172 North College, announced community events and discussed BOB 2.
Kelley Richardson, Fort Collins Homeless Coalition, expressed concern regarding the treatment
of homeless individuals in the city.
Mike Pruznick, Fort Collins resident, requested assistance with street repairs idthe Castle Ridge
PUD.
Bob Criswell, 300 Columbia Road, Citizens for Recycling Choices, opposed the plastic bag fee
enacted by Council.
Janice Lynne, 218 South Washington, supported an appeal of the court decision regarding
frocking.
Kelly Giddens, 3513 Westminster Court, Citizens for a Healthy Fort Collins, supported an appeal
of the court decision regarding fracking.
Elizabeth Hudetz, Fort Collins resident, Colorado Citizens Rights Network, supported an appeal
of the court decision regarding fracking.
John Primsky, 1907 Catkins Court, opposed the plastic bag fee implemented by Council
David Rout, Homeless Gear Executive Director, thanked the City for its proactive approach to
West Nile and expressed concern regarding the distribution of bus passes to homeless
individuals.
Beverly Hill, 3605 Mead Street, opposed the plastic bag fee enacted by Council.
City of Fort Collins Page 379
Brendon (no last name given), supported an appeal of the court decision regarding fracking and
discussed homelessness in the community.
Charles Kop, 501 Hanna Street, supported an appeal of the court decision regarding fracking.
Cheryl Distaso, Fort Collins Community Action Network, supported an appeal of the court
decision regarding fracking and supported Council's vote on the plastic bag fee. Additionally,
she thanked Council for reconsidering the caring meters and anti -panhandling poster campaign
and urged Council to end the ticketing of homeless campers.
Desiree Fisk, Fort Collins Homeless Coalition, thanked Council for reconsidering the caring
meters and anti -panhandling poster campaign and urged Council to end the ticketing of homeless
campers.
Thomas Edwards, 1 101 South Bryan, discussed bicycle ticketing
0 CITIZEN PARTICIPATION FOLLOW-UP
Mayor Pro Tem Horak requested staff inputregarding the bus pass distribution. Karen Cumbo,
Planning, Development and Transportation Director, replied staff is currently working on
addressing inconsistencies in bus ticket distribution.
Councilmember Troxell commented on time -of -use rates related to the community solar project.
Lance Smith, Utilities Services, stated time of use rates were discussed at a May work session
and a pilot project is being considered; however, staff does not feel it is appropriate to do that
related to the community solar garden.
Councilmember Troxell supported the citizen initiative regarding reconsideration of the plastic
bag fee.
Councilmember Campana commented on Mr. Pruznick's issues related to street repairs in his
neighborhood. Combo replied the sidewalks have been cut; however the streets have not. She
stated the City could perhaps complete the work and deal with the HOA for reimbursement.
Councilmember Campana opposed allegations regarding Council's handling of the Second
Reading of the plastic bag Ordinance.
Councilmember Conniff stated he too was comfortable with the process.
Councilmember Troxell stated the Second Reading of the Ordinance had an entirely, new
meaning given the increase from grocery stores to all retailers.
Mayor Weitkunat stated changes to Ordinances on Second Reading have occurred more
frequently lately.
Mayor Pro Tern Horak commented on the possible appeal of court decisions regarding fracking
and commended the compassion of Natural Areas Rangers in dealing with homeless individuals.
Councilmember Cunniff supported local laws prohibiting camping in the City's Natural Areas.
City of Fort Collins Page 380
• CONSENT CALENDAR
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Wade Troxell, District 4
AYES:
Weitkunat, Oveibeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Poppaw
This Ordinance, unanimously adopted on First Reading on August 19, 2014 approving the sub -grant
agreement and appropriate sub -grant funds from the Colorado Department of Public Health and
Environment, through the Poudre Valley Health System Foundation and the Coalition for Activity and
Nutrition to Defeat Obesity (CANDO), for the Vida Sana program to eliminate racial and ethnic
disparities in access among Latino/Hispanic community members to healthy lifestyle counseling and
programs. Specific interventions include increasing access to facilities providing physical activity;
providing social support to increase physical activity; and implementing a community wide campaign
for increasing physical activity that will be carried out by partner agencies.
2. Second Reading of Ordinance No. 107, 2014, Amending Ordinance No. 121, 2013, Regarding
Minimum Parking Requirements in the Transit -Oriented Development Overlay Zone District
to Extend Its Termination. Date. (Adopted)
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4.
This Ordinance, unanimously adopted on First Reading on August 19, 2014 approves a 90-day
extension of the temporary parking requirements in the Transit Overlay Development (TOD) Overlay
Zone. Ordinance No. 121, 2013; expires on September 13, 2014. The Planning and Zoning Board is
requesting more time to evaluate recommendations from the TOD Parking, Study. New parking
requirements are anticipated to replace the temporary parking ordinance.
The Planning and Zoning Board will consider this item at its September 11, 2014 meeting. City
Council, will formally consider the TOD Parking Study on First Reading on October 21 and Second
Reading on November 4. .
This Ordinance, unanimously adopted on First Reading on August 19, 2014 approves establishing a
reimbursement rate for the energy that will be produced through the Fort, Collins Community Solar
Project (solar farm). The proposed reimbursement rate is consistent with recent changes in the
rooftop net -metering reimbursement rate, adopted in Ordinance No. 067, 2014. Like the rooftop net -
metering customers, participants in the solar farm, who purchase an interest in the,solar farm, will be
reimbursed for every kilowatt-hour of energy produced at a rate of $0.0714 per kWh (the combination
of the Summer Tier 1 rate of $0.0583 per kWh and one half the facilities charge rate - $0.0131 per
kWh). The difference between the two rates is that, because 'participants in the Fort Collins
Community Solar Project will need to fully utilize the distribution infrastructure to deliver all of their
household energy, the additional payment the facilities charge portion of the rate is proposed to be
only half of that being given to rooftop net -metering customers.
" Solar Garden Project with an Associated Access Easement.
This Ordinance, unanimously adopted on First Reading on August 19; 2014 approves the
authorization to lease City property located at 500 Riverside Avenue to Clean Energy Collective, LLC
(through its subsidiary, CEC Solar #1038, LLC), to build and operate a community solar farm project,
City of Fort Collins Page 381
5.
including an access easement to enter the property from the Wastewater plant entry road on
Mulberry Street. The City has entered into a Power Purchase Agreement with Clean Energy
Collective, LLC (CEC) to develop a community solar project in Fort Collins. The City property
located at 500 Riverside Avenue was determined by staff and CEC to be a feasible site for the
location of the project. To facilitate the development of the solar garden, CEC has requested a lease
agreement for the use of the City's he
for a period of 25 years for the building and operation of
the solar farm project.
Acre Site from the Parks Department.
This Ordinance, unanimously adopted on First Reading on August 19, 2014 authorizes the exchange
of portions of property at the Timberline Substation property between the Utility Department and the
Parks Department. The City of Fort Collins owns a parcel of land at the southwest corner of Prospect
Road and Timberline Road which is the location of the Timberline Substation (the "City Property').
The Utility Department owns 19.92' acres of the City Property of which 7.43 acres are used for
substation purposes. The Parks Department desires to develop a 9.33-acre portion of the property
owned by Utilities for recreation purposes and has proposed to acquire this portion from the Utility
Department. The Parks Department intends to maintain the property as a disc golf course. The
Utility Department has determined that the proposed conveyance and recreation use will not
adversely impact the portion of the City Property used for utility purposes. In exchange, the Utility
Department desires to acquire a 3.03 acre portion of the City Property which is owned by the Parks
Department. This Ordinance authorizes the exchange of the properties between the Utility
Department and Parks Department, recognizing that no funds will need to be paid between the
departments, based on the comparable values of the two parcels, existing encumbrances on the
9.33-acre parcel, the value of all access reservations retained by the Utilities Department, the
beneficial use each will realize in the land it acquires, and the value of additional services the Utility
Department will provide to the Parks Department.
6. ' Second Reading of Ordinance No. 111, 2014, Authorizing the Conveyance of a Shared Access
Easement on City Property to Public Service Company of Colorado. (Adopted) '
This Ordinance, unanimously adopted on First Reading on August 19, 2014, authorizes the
conveyance of a shared access easement to Public Service Company of Colorado for an access
road at the Timberline Substation Property. The City of Fort Collins Utility Department owns a
property at the southwest corner of Prospect Road and Timberline Road which is the location of the
Timberline Substation (the "City Property'). Public Service Company of Colorado, Inc. (PSCo) owns
a small tract of land on Timberline Road which is surrounded on three sides by the City Property.
The access to the two properties is by means of an existing driveway located on Timberline Road of
which a portion falls on to each property. In order to establish an easement of record for the allowed
use of the driveway by each party, the Utility Department and PSCo have proposed the conveyance
of a shared access easement allowing both parties the right to use the driveway for access
purposes.
7. First Reading of Ordinance No. 115, 2014 Amending Sections 19-66, 19-67, and 19-69 of the
City Code Pertaining to the Rules for Civil Infractions (Adopted)
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The purpose of this item is to transfer civil infraction'payment processing functions to the Municipal
Court from Neighborhood Services and the Forestry Division in order to more efficiently process and
track those citations and reduce redundancy since the Municipal Court is better equipped to handle
this function.
The purpose of this item is to request a twelve-month extension of the Planned Development
Overlay District pilot.
City of Fort Collins Page 382
9. Items Relating to the FY 2013-14 Safe Routes to School Program (Adopted)
10.
A. Resolution 2014-077 Authorizing the Execution of a Project Construction Grant Agreement
Between the City and the Colorado Department of Transportation (CDOT).
B. First Reading of Ordinance No. 117, 2014, Appropriating Unanticipated Grant Revenue in the
Transportation Services Fund for the FY 2013-14 Safe Routes to School Program and
Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public
Places Program.
The purpose of these items is to enter into an intergovernmental agreement with CDOT and
appropriate $314,903 in Safe Routes to School grant funding to design and build a new multi -use
path along Lindenmeier Road serving Tavelli Elementary School.
A. First Reading of Ordinance No. 118, 201'4, Authorizing the Conveyance of a Deed of Dedication
and a Temporary Construction Easement on McMurry Natural Area to Larimer County.
B. First Reading of Ordinance No. 119, 2014, Authorizing the Conveyance of a Deed of Dedication
and a Temporary Construction Easement on North Shields Pond Natural Area to Larimer County.
C. First Reading of Ordinance No. 120, 2014, Authorizing the Conveyance of a Deed of Dedication
and a Temporary Construction Easement on Poudre River Trail Property to Larimer County.
D. First Reading of Ordinance No. 121, 2014, Authorizing the Conveyance of a Deed of Dedication
and a Temporary Construction Easement on City Property Located at 812 North Shields Street to
Larimer County.
E. First Reading of Ordinance No. 122, 2014, Authorizing the Conveyance of a Deed of Dedication
and a Temporary Construction Easement on City Railbanking Property to Larimer County.
The purpose of this item is to convey permanent rights -of -way and temporary construction
easements to Larimer County for improvements related to the North Shields Street widening and
Cache la Poudre River bridge replacement.
Larimer County will be widening the existing North Shields Street from a two-lane to a three -lane
road to provide a median/left turn lane, a trailhead parking lot, bike lanes and sidewalks from the
Arthur Ditch north to Willox Lane beginning in early 2015. The street and bridge construction will
require one temporary construction easement and the conveyance of permanent right-of-way (by
deed of dedication) on each of five City properties including McMurry Natural Area and North Shields
Pond Natural Area.
This project is being completed in partnership with the City. In particular, the Natural Areas and
Parks Departments are working with the County to provide better access to the river for hiking,
tubing and fishing. The new bridge will feature sidewalks on the bridge and trails leading from the
bridge to the river to provide improved pedestrian access across the bridge as well as to the river. A
new approximately 40 car trailhead parking lot will be constructed on the northwest portion of the
area on land owned by Larimer County Emergency Services and a sidewalk will connect the parking
area with the Poudre River as well as the North Shields Pond Natural Area. An additional benefit of
the project will be to fill a small portion of the eastern pond at North Shields Ponds Natural Area to
accommodate the widening of North Shields Street and to construct a new trail along the east shore
of the pond to improve access around the pond. This will require one temporary construction
easement and the''dedication of permanent right-of-way on North Shields Ponds Natural Area.
Natural Areas has agreed to be responsible for maintaining the trailhead parking lot and the new
paved trails providing access to McMurry Natural Area, North Shields Pond Natural Area, the Poudre
City of Fort Coffins Page 383
it.
Trail and the Poudre River. Larimer County, Parks and Natural Areas will each be paying for a
portion of these improvements. Council will be asked to approve an Inter -Governmental Agreement
defining the cost sharing on the improvements and the ongoing maintenance of the trailhead parking
lot and trails early next year.
The purpose of this item is to set two public hearing dates on the proposed 2015-2016 biennial
budget. The City Charter requires that the City Council set a date for a public hearing on the
proposed budget. This Resolution sets that hearing date for the regular Council meeting of October
7, 2014. In an effort to receive further public input, this Resolution sets an additional hearing date
for the September 23, 2014, adjourned Council meeting.
12. Resolution 2014-079,-Supporting the Referred Ballot Measure to Renew the Help Preserve
Open Spaces Sales and Use Tax. (Adopted)
The purpose of this item is to inform Council about the November 4, 2014, ballot measure to extend
the Help Preserve Open Space tax, Latimer County's quarter -cent sales and use tax that supports
County and local open lands program, including the City's Natural Areas Department.
13. Routine Deeds (Adopted)
The purpose of this item is for Council to accept two quit claim deeds from Poudre Valley Rural
Electric Association Inc. conveying the rights to a total of 110 electric easements within the
boundaries of Phase Three and Four of the Southwest Annexation.
A. Quit Claim Deed 1, from Poudre Valley Rural Electric Association Inc., conveying 57 easements
to the City of Fort Collins.
B. Quit Claim Deed 2, from Poudre Valley Rural Electric Association Inc., conveying 53 easements
to the City of Fort Collins
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff requested a detailed list of costs being borne by the Parks program,
Natural Areas program and County partnership prior to Second Reading regarding Item No. 10,
Items Relating to Lorimer County's Request for Right of Way and Temporary Construction
Easements across five City properties ,to Construct, -Operate and Maintain Improvements
Associated with the North Shields Street widening and Cache la Poudre bridge replacement.
Additionally, he highlighted Council's support of Item No. 12, Resolution 2014-079, Supporting
the Referred Ballot Measure to Renew the Help Preserve Open Spaces Sales and Use Tax.
• STAFF REPORTS
Patty Netherton, Municipal Court Administrator, provided a brief update regarding the Special
Agency Session developed by the Fort Collins Municipal Court. The purpose of the Session is to
address public concerns with quality of life violations for those without housing while balancing
compassion and resourcefulness with accountability.
Councilmember Overbeck commended the restorative approach being utilized in this program.
Mayor Pro Tem Horak suggested a press release discussing the program.
City of Fort Collins Page 384
• COUNCILMEMBER REPORTS
Councilmember Troxell reported on the Community Welcome event for CSU students and
commented on the concept of neighboring.
Councilmember Overbeck reported on the Commission on Disability's support of the Colorado
Person First festival.
Councilmember Campana reported on a tour of Liberty Common School's new construction and
its academic successes.
Mayor Pro Tern Horak reported on the Community Welcome event and the Larimer County
Open Lands Advisory Board's support of a land purchase in Loveland.
Mayor Weitkunat reported on the relocation of the ARC Thrift Store and the dedication of the
FC150 exhibit at the Museum of Discovery. Additionally,'she reported on the reintroduction of
Black -Footed Ferrets at Soapstone Natural Area.
• DISCUSSION ITEMS
14. First Reading of Ordinance No. 113, 2014, Approving the Seventh Amendment to the Fort
Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation.
Growth Management and Related Issues. (Adopted on First Reading)
The purpose of this item is to update a 2009 Intergovernmental Agreement (IGA) with the Town of
Timnath to incorporate several amendments and new land use provisions. The Land Use portions of
the agreement are intended to provide planned and orderly development of urban services along the
1-25 Corridor and to establish appropriate Growth Management and Influence Areas to support such
development.
Karen Cumbo, Director of Planning, Development and Transportation Services, briefly
introduced the item and stated this agreement is a step forward in resolving longstanding issues
with the Town of Timnath.
Laurie Kadrich, Director of Community. Development and Neighborhood Services, discussed the
history of the agreement regarding growth management areas with the Town of Timnath and
detailed the proposed amendment.
Tom Mills, Clydesdale Park HOA, supported the amendment as it would move Clydesdale Park
back into the City's growth management area.
Eric Sutherland, 3520 ,Golden Currant, expressed concern regarding possible shared revenues
and shared costs and stated Timnath has abused tax increment financing.
Ann Grant, Latimer County resident, supported the Ordinance.
Councilmember Cunniff requested an explanation, of the five year lapse in resolving the growth
management area issue. Kadrich replied the County desired, at the time, to ensure future urban
areas were in one growth management area or another. This amendment has resulted from the
fact that Timnath is now working on developing an agreement with Larimer County for its
growth management area.
City of Fort Collins I Page 385
City Manager Atteberry provided additional context to the history of the City's relationship with
Timnath.
Councilmember Cunniff asked about the revenue sharing areas and what will occur with
properties that already exist and are generating revenue for one of the municipalities. Rick
Richter, Director of Infrastructure Services, replied revenue sharing -begins at development or
redevelopment.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 113, 2014, on First Reading.
Councilmember Troxell stated this is long overdue and commended the work that went into the
agreement.
Mayor Weitkunat supported the agreement.
Mayor Pro Tem Horak stated this is a continuation of Fort Collins' good planning.
Councilmember Cunniff expressed some concerns with the agreement and stated he would likely
not support the motion.
Mayor Pro Tem Horak urged Councilmember Cunniff to vote in the affirmative in order to show
support for Fort Collins to work cooperatively with Timnath.
Councilmember Cunniff offered an amendment to the motion to direct the City Manager to
initiate negotiations for a cooperative planning effort with respect to community separators and
natural areas.
City Attorney Daggett stated that type of direction may be more appropriately considered under
other business.
Mayor Weitkunat also encouraged an affirmative vote for the IGA amendment.
RESULT:
ORDINANCE NO. 113, 2014 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Wade Troxell, District 4
AYES:
Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Poppaw
15. Items Relating to Initiating Annexation Proceedings for the Clydesdale Park First and Second
Annexations. (Adopted)
A. Resolution 2014-067 Finding Substantial Compliance and Initiating Annexation Proceedings for
the Clydesdale Park First Annexation.
B. Resolution 2014-068 Finding Substantial Compliance and Initiating Annexation Proceedings for
the Clydesdale Park Second Annexation.
The purpose of this item is to initiate annexation proceedings for the existing Clydesdale Park
subdivision located east of Interstate 25, south of the intersection of East Mulberry Street and
Carriage Parkway. Clydesdale Park includes 217 single-family residential lots on approximately 75
acres. Residents of the Clydesdale Park neighborhood have requested this annexation. In
accordance with State law, the purpose of the Initiating Resolutions is to accept the Annexation
City of Fort Collins Page 386
Petitions and provide a schedule for upcoming Council hearings within a timeline that complies with
State Statutes.
Jason Holland, Planning Services, discussed the location of Clydesdale Park and the proposed
annexations.
Tom Mills, Clydesdale Park resident, supported the annexation efforts
Eric Sutherland, 3520 Golden Currant, noted Larimer County Urban Area street standards were
met when Clydesdale Park was built and questioned whether or not the standards are being
adhered to throughout the Timnath growth management area.
Mayor Weitkunat noted these Resolutions initiate the annexation process.
Councilmember Troxell asked what other steps are involved in the annexation process other than
the initiating Resolutions and annexation Ordinances. Holland outlined the annexation process
which involves a hearing before the Planning and Zoning Board.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2014-067.
Mayor Pro Tern Horak requested additional phasing information prior to Council hearing the
annexation Ordinances.
Councilmember Overbeck requested cost information prior to Council hearing the annexation
Ordinances.
RESULT`
RESOLUTION 2014-067 ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Gino Campana, District 3
AYES:
Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Poppaw
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-068.
RESULT:
RESOLUTION 2014-068 ADOPTED [UNANIMOUS]
MOVER:
GerryHorak, District 6
SECONDER:,
Wade Troxell, District 4
AYES:
Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Poppaw
16. First Reading of Ordinance No. 114, 2014, Appropriating Capital Project Funding in the Light
The purpose of this Appropriation Ordinance is to provide funding for the construction of a new Utility
Administration Building within Block 32 on LaPorte Avenue, as well as renovation of the existing
Utility Service Center at 700 Wood Street. The total combined project costs are $23,411,000 with
City of Fort Collins Page 387
$4,500,000 already appropriated from Light and Power reserves, leaving $18,911,000 to be
appropriated with this ordinance.
A Utility Building Team comprised of internal staff and external subject matter experts has worked
with the architectural firm RNL and Adolfson and Peterson Construction to assess the best way to
address the current building performance and space issues facing Fort Collins Utilities' ongoing and
future business operations. Balancing the city-wide goal to have high -performing office buildings
with the need to be fiscally prudent has led the Building Team to recommend the two -pronged
funding process proposed in this appropriation ordinance.
The four Utility Enterprise Funds (Light and Power, Water, Wastewater and Stormwater) will share
the costs of the projects. All appropriations will come from the existing reserves in these four funds.
Kevin Gettig, Utilities Executive Director, discussed the purpose of this appropriation Ordinance
and detailed challenges with the existing Utilities facilities.
Ken Marmon, Operation Services Director, provided additional details regarding the proposal
and buildings.
Eric Sutherland, 3520 Golden Currant,, argued growth within the City does not pay its own way
and discussed issues with Utilities services and buildings.
Councilmember Overbeck asked about the original, proposal for the new building being net
positive in terms of energy production. Marmon replied the existing proposal will allow the
building to cover itself in terms of energy use.
Councilmember Cunniff requested a simple explanation of the benefit to rate payers of new
facilities. Gertig replied the new facilities will allow excellent customer service, additional
efficiency, and will provide an example of an energy efficient building to be part of the future
City campus block. City Manager Atteberry also noted this new building is necessary in terms
of needed space.
Councilmember Cunniff requested a summary of the sources of the reserve funds. City Manager
Atteberry replied the reserve funds are generated from rates and charges and stated future
Utilities capital needs, are not included in capital expansion fees.
Councilmember Campana discussed the reserve fund sources and noted these structures will be
funded with cash on hand. Mike Beckstead, Chief Financial Officer, discussed additional details
regarding development fees and plant investment fees.
Councilmember Troxell asked what other distributed energy resources were considered. John
Phelan, Energy Services Manager, replied many design decisions have yet to be made; however,
the goal is to have the highest performing systems within the given budget.
City Manager Atteberry discussed the reasons for the additional appropriation amount!
Councilmember Troxell asked about the design of the work environment with respect to the
organization. Marmon replied this building will include shared offices and collaborative space.
Councilmember Overbeck expressed disappointment with the increase in the cost of construction
and requested alterations in budget estimates for the future.
City of Fort Collins Page 388
Mayor Weitkunat noted the 1% Art in Public Places appropriation would total $189,000 and
questioned if those dollars could potentially be utilized as part of the project. City Manager
Atteberry replied Council has the policy to change its policy and noted the art can be included in
many different ways.
Councilmember Cunniff supported the possibility of keeping the 1% with a dollar amount cap on
future capital projects. City Attorney Daggett noted.the Code limits Art in Public Places
contributions to''/2% of the annual budgeted operating revenue of each utility fund.
Mayor Weitkunat suggested the Art in Public Places Board be part of the planning process for
the building in an active, contributory way in order to possibly make a more utilitarian art
feature.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 114, 2014, on First Reading.
Mayor Pro Tern Horak requested an explanation of why this building makes sense in the overall
expenditure of capital through 2028. Additionally, he requested options if this building is not
built and asked what things would not occur should these funds be spent on these structures.
City Manager Atteberry replied the team will respond prior to Second Reading.
Mayor Pro Tern Horak stated this item would have been considered differently if it were a
General Fund item.
RESULT:
ORDINANCE NO. 114, 2014 FAILED TO PASS ON FIRST READING [3 TO 31
MOVER:
Wade Troxell, District 4
SECONDER:
Gino Campana, District 3
AYES:
Weitkunat, Campana, Troxell
NAYS:
Overbeck, Cunniff, Horak
ABSENT:
Poppaw
(Secretary's note: The Council took a brief recess at this point in the meeting.)
17.
(Adopted)
The purpose of this item is to approve comments developed by the Air Quality Advisory Board and
staff based on public input and technical review of permit documentation to be submitted to Colorado
Department of Public Health and Environment regarding the draft air permit for the Martin Marietta
Materials, Inc. hot mix asphalt plant.
Lucinda Smith, Environmental Services Director, stated the City partnered with Latimer County
to hire Air Resource Specialists to conduct a technical review of the draft air permit for the
Martin Marietta plant. The resulting report found that the APCD modeling would meet the
standards for carbon monoxide and particulate matter. The Air Quality Advisory Board has
extensively studied the issue and is requesting that Council send a statement to the Health
Department suggesting deficiencies in the permit be corrected and the permit be reissued for
another 30 day comment period, suggesting the permit require controls for VOCs, institute
enforceable odor detection and controls, and require the plant to be subject to RACT
City of Fort Collins Page 389
requirements for carbon dioxide. Smith discussed additional recommendations by the Board.
Tom Moore, Fort Collins Air' Quality Advisory Board Chair, briefly discussed the Board's
recommendation.
Lucy Troup, 2125 Stonecrest, stated acceptable risk is not the same as no risk and requested a
second opinion from a neutral toxicologist.
Kevin Pass, 1150 St. German Drive, expressed concern regarding the odors emitted by the plant
and stated the plant should not be allowed near a school.
Ruth Widrick, Fort Collins resident, expressed concern regarding the odors emitted by the plant.
Bob Hare, 1352 Northern Court, expressed concern regarding the odors emitted by the plant.
Lauren Ogden, 2455 Stonecrest, expressed concern regarding the number of trucks travelling to
and from the plant.
Cheryl Distaso, Fort Collins Community Action Network, noted the plant sells half of its asphalt
to the City of Fort Collins and expressed concern regarding the plant's location.
Karen Hare, 1352 Northern Court, encouraged frequent inspections of the plant.
Councilmember Cunniff asked if the Board comments addressed the odor issues as being derived
from the filling of trucks rather than the actual asphalt manufacturing. Smith replied the
consultant recommendations suggest asking for odor controls and enforcement; however, it is not
explicitly stated to consider a more broad examination of the odors.
Councilmember Cunniff noted many of the issues are not just directly related to stack emissions.
Mr. Moore stated additional considerations are in the Board recommendation.
Councilmember Overbeck asked about the possibility of including real time monitors throughout
the neighborhoods. Smith replied that was not among the comments made by the Board;
however, it could be recommended and considered in a voluntary partnership with Martin
Marietta.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-080.
Mayor Pro Tern Horak supported the recommendations.
Councilmember Campana asked if this production could be relocated within the site to gain
additional distance from Lincoln Middle School. Smith replied staff has not looked at whether
there is a location within the current property boundaries where the plant could be moved to be
farther from the school.
Mayor Pro Tem Horak stated the emissions and their effects are more the issue than the distance.
City of Fort Collins Page 390
RESULT:
RESOLUTION 2014-080 ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Wade Troxell, District 4
AYES:
Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Poppaw,
18. Items Relating to the Greeley Bellvue Pipeline on City Property. (Adopted)
A. First Reading of Ordinance No. 123, 2014, Authorizing the Conveyance of a Waterline Easement,
Access Easement, and Temporary Construction Easement on City property to the City of
Greeley.
B. Resolution 2014-081, Authorizing the City Manager to Enter Into a Shared Location Agreement
for the Greeley Bellvue Pipeline to Cross a City Utility Easement.
The purpose of this item is to authorize the conveyance of easements to the City of Greeley
("Greeley") across the City Property known as the City Ditch and authorize a shared location
agreement for Greeley to cross a City utility easement. The City of Greeley is acquiring necessary
easements for its Greeley Bellvue Pipeline Project (the "Project").. Greeley has requested
easements for their Project across a strip of property owned by the City's Utility Department
extending south from the Poudre River. The property lies outside City limits and is the location of the
City Ditch. The Larimer County Canal No. 2 Irrigating Company utilizes this ditch through an existing
easement agreement with the City. The easements requested by Greeley include a .19 acre (8,265
square feet) permanent waterline easement, a .133 acre (5,808 square feet) temporary construction
easement, and an access easement across the existing ditch access road.
Greeley also plans to install its pipeline across an existing utility easement containing a 27-inch
waterline owned by the City. In order to protect the City's easement interest and existing utility
improvements, Greeley has agreed to enter into a Shared Location Agreement regarding this
crossing. The requested easements and agreement were presented and approved by the City's
Water Board at their December 2010 meeting. They were also presented to the Land Conservation
and Stewardship Board meeting on December 8, 2010. These items were previously presented to
Council in June 2011, but the items were withdrawn due to concerns from citizens and City Council,
including that Greeley had not yet obtained authorization from the U.S. Army Corps of Engineers for
the Project and had not reached agreement with a neighboring property owner. Since that time,
Greeley has obtained authorization from the U.S. Army Corps of Engineers but has not yet reached
an agreement with the neighboring property owner. Greeley has agreed to pay the City for the value
of the easements as well as City Real Estate staff time.
Because Greeley wants to begin construction on this section of the Project soon, it has indicated that
it will use eminent domain if necessary to acquire the requested property interests from the City. If
Greeley acquires the requested easements through an eminent domain action, the City will not get
the benefit of the terms and conditions of those easements that City staff previously negotiated with
Greeley.
Jon Haukaas, Water Engineering Field Operations Manager, stated these actions request a water
line easement, a temporary construction easement, an access easement, and a shared location
agreement.
Eric Sutherland, 3520 Golden Currant, stated the City does not, nor has it ever, owned the land.
Mickey Willis, 150 Fairway Lane, agreed with the ownership issue discussed by Mr. Sutherland
and stated these pipelines will interfere with prehistoric findings on the site.
City of Fort Collins Page 391
Councilmember Overbeck asked why the current boards and commissions have not reviewed this
process. Haukaas replied the request has not changed since the original discussion; therefore, as
a procedural matter, it would have not gone before the boards and commissions a second time.
Councilmember Overbeck stated he would have liked real photographs of the site as well as a
site visit.
Councilmember Cunniff asked if eminent domain proceedings will begin should the voluntary
agreement not be entered into. Helen Matson, Real Estate Services Manager, replied the
easement can be granted without any concessions should eminent domain proceedings occur.
Councilmember Troxell stated a site visit did occur in 2010 and stated it is in the City's best
interest to honor the work that has been put into the agreement and to gain the conditions built
into the agreement.
Councilmember Campana noted the City of Fort Collins has had an easement on the property for
over 100 years and has been leasing it to Larimer No. 2 Ditch Company. Matson clarified the
City has owned the property and leased it to Larimer No. 2 for 99 years, then granted the ditch
company a permanent easement.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 123, 2014, on First Reading.
Councilmember Conniff stated he would support the motion given the benefits of the agreement,
though he expressed sympathy for the property owner.
Mayor Weitkunat discussed the history of the Greeley pipeline and stated this easement is
underground and will have very few impacis to the surface.
RESULT:
ORDINANCE NO. 123, 2014 ADOPTED ON FIRST READING [5 TO 11
MOVER:
Gerry Horak, District 6
SECONDER:
Bob Overbeck, District 1
AYES:
Weitkunat, Campana, Troxell, Cunniff, Horak
NAYS:
Overbeck
ABSENT:
Poppaw
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2014-081.
RESULT:
RESOLUTION 2014-081 ADOPTED [5 TO 11
MOVER:
Gerry Horak, District 6
SECONDER:
Gino Campana, District 3
AYES:
Weitkunat, Campana, Troxell, Cunniff, Horak
NAYS:
Overbeck
ABSENT:
Poppaw
City of Fort Collins Page 392
• OTHER BUSINESS
Councilmember Cunniff received support to direct the City Manager to initiate
intergovernmental agreement discussions with Timnath regarding natural areas separators.
Councilmember Cunniff stated he has been satisfied with the information provided regarding the
City Manager and Councilmember Campana's electric capacity fee inquiry for his development
project.
Mayor Weitkunat detailed the information received by Council and assured the public the
situation was handled appropriately and with integrity by all parties involved. She stated
Council will be considering an Ordinance in October to clarify Code language regarding the fees
and the City Manager and staff are working on a set of standard operating procedures that will
provide further clarity about the expectations for staff and Council interactions when
Councilmembers are doing business as individual citizens.
• Adjourn until the conclusion of the Skyview GID meeting and continue the meeting past 10:30
P.M.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adjourn until
after the Skyview GID Board of Directors meeting and to extend the meeting past 10:30 p.m.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Poppaw
• Designate Councilmember Overbeck as a second alternate to represent the City of Fort Collins
on the North Front Range Transportation MPO
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to designate
Councilmember Overbeck a second alternate to represent the City of Fort Collins on the North
Front Range Transportation MPO.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Wade Troxell, District 4
AYES:
Weitkunat, Overbeck, Campana; Troxell, Cunniff, Horak
ABSENT:
Poppaw
• ADJOURNMENT
(Secretary's note: Councilmember Campana left the meeting at this time)
Executive Session Authorized
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to go into
Executive Session for the purpose of meeting with the Interim City Attorney, City Manager, and
other affected members of City staff to discuss potential litigation and related legal issues and/or
a manner in which particular policy practices and regulations of the City may be affected by
City of Fort Collins Page 393
existing or proposed provisions of federal, state, or local law as permitted under Section 2-
31(a)(2) of the City Code.
RESULT:
ADOPTED [5 TO 0]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Weitkunat, Overbeck, Troxell, Cunniff, Horak
ABSENT:
Poppaw
AWAY:
Campana
• Adjourn to 6:00 p.m. on Tuesday. September 9, 2014, for consideration of a possible Executive
Session and any other business that may come before Council
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
p.m. on Tuesday, September 9`h, for consideration of a possible Executive Session and any other
business that may come before the Council.
RESULT:
ADOPTED [5 TO 01
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Weitkunat, Overbeck, Troxell, Cunniff, Horak
ABSENT:
Poppaw
AWAY:
Campana
The meeting adjourned at 10:55 PM.
Mayor
ATTEST:
OF
City Clerk •,•' ��
City of Fort Collins Page 394