HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 088P - EXHIBIT PI
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Wade Troxell, Mayor
Gerry Horak, District 6, Mayor Pro Tern
Bob Overbeck, District 1
Ray Martinez, District 2
Ken Summers, District 3
City Council Chambers
City Hall West
300 LaPorte Avenue
Fort Collins, Colorado
Kristin Stephens, District 4
Ross Cunniff, District 5
Cablecast on FCTV Channel 14
and Channel 881 on the Comcast cable system
Carrie Daggett
City Attorney
Darin Atteberry
City Manager
Delynn Coldiron
City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and
will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711
for Relay Colorado) for assistance.
Regular Meeting
April 3, 2018
Proclamations and Presentations
5:30 p.m.
A. Proclamation Declaring April 10, 2018 as Equal Pay Day.
B. Proclamation Declaring April as Sexual Assault Awareness Month.
C. Proclamation Declaring April as Fair Housing Month.
• PLEDGE OF ALLEGIANCE
• CALL MEETING TO ORDER
• ROLL CALL
• AGENDA REVIEW: CITY MANAGER
Regular Meeting
6:00 p.m.
• City Manager Review of Agenda.
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€Y.hib;t
DATE FILED: March 8, 2019 6:07 PM
FILING ID: 8864D66F6104C
CASE NUMBER: 2018CV149
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• Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the Consent
Calendar. Anyone may request an item on this calendar be "pulled" off the Consent
Calendar and considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion Items.
• CITIZEN PARTICIPATION
Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically
scheduled on the agenda. Comments regarding land use projects for which a development application
has been filed should be submitted in the development review process** and not to the Council.
• Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
• All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those
who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
• A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking
time remain, and will beep again and turn red when a speaker's time to speak has ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City's website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
• CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request
an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda
items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items
remaining on the Consent Calendar will be approved by City Council with one vote. The Consent
Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Second Reading of Ordinance No. 042. 2018. Appropriating Unanticipated Revenue Received From
the Estate of Marjorie J. Mc Taggart in the Recreation Fund to be Paid to the Fort Collins Senior Center
Endowment Fund For Use to Benefit the Senior Center.
1 This Ordinance, unanimously adopted on First Reading on March 20, 2018, appropriates unanticipated
revenue in the amount of $38,581, received from the Estate of Marjorie J. McTaggart, for use by the
Fort Collins Senior Center.
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2. Second Reading of Ordinance No. 043. 2018, Appropriating Unanticipated Revenue into the Capital
Project Fund for the North College Improvements Project - Canal to State Highway 1 and for Transfer
from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places
Program.
This Ordinance, unanimously adopted on First Reading on March 20, 2018, appropriates unanticipated
revenue in the amount of $156, 144 into the Capital Project Fund for the North College Improvements
Project-Canal to State Highway 1. Funds to be appropriated were collected as a payment-in-lieu of
frontage improvement obligations from a recent development near the Project location. After this
appropriation, the total appropriated funding for the Project will be approximately $2.35 million.
3. Second Reading of Ordinance No. 044, 2018, Appropriating Prior Year Reserves in the General Fund
for Waste Reduction and Diversion Projects Approved as Part of the Waste Innovation Program.
This Ordinance, unanimously adopted on Frist Reading on March 20, 2018, appropriates $111,000
accumulated during 2017 in the Waste Innovation Fund account into the City's General Fund account
to approve projects to develop new organizational processes that enable City departments to divert
more waste material from landfill disposal.
4. Second Reading of Ordinance No. 045, 2018. Amending Chapter 7 of the City Code to Amend
Requirements and Procedures for Elections.
This Ordinance, unanimously adopted on First Reading on March 20, 2018, amends City Code relating
to municipal elections. Changes include naming the City Clerk as the Designated Election Official,
defining the terms "public announcement" and "registered agent", and amending the time for
candidates to file a financial disclosure statement when accepting nomination for office. Amendments
are proposed for the registration and termination of committees and to allow for implementation of
signature verification for the 2019 election.
5. First Reading of Ordinance No. 046, 2018, Reappropriating Funds Previously Appropriated in 2017
But Not Expended and Not Encumbered in 2017.
The purpose of this item is to reappropriate monies in 2018 that were previously authorized by City
Council for various expenditures in 2017. The authorized expenditures were not spent or could not be
encumbered in 2017 because:
• there was not sufficient time to complete bidding in 2017 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies,
• the project for which the dollars were originally appropriated by Council could not be completed
during 2017 and reappropriation of those dollars is necessary for completion of the project in 2018,
or
• the funds appropriated in 2017 for certain ongoing programs, services, and facility improvements
remained unspent at the end of 2017 for the various reasons discussed below, but continue to be
needed in 2018 for these programs, services and facility improvements.
6. First Reading of Ordinance No. 047, 2018, Appropriating Prior Year Reserves in the Transportation
Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of
Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into
the Capital Project Fund for the East Prospect Road Improvements Project and Transferring
Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in
Public Places Program.
The purpose of this item is to appropriate $600,000 into the Capital Project Fund for the East Prospect
Road Improvements Project. In addition, this item will authorize the transfer of $6,000, one percent of
the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for
Art in Public Places. This project will reconstruct East Prospect Road as a four-lane arterial roadway
from Sharp Point Drive to lnterstate-25 (1-25) western frontage road as identified on the City's Master
Street Plan. Improvements include the addition of two travel lanes, bike lanes, pedestrian facilities,
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utility improvements, intersection improvements at Prospect Road and Summitview Drive, and
landscaped medians and parkways. This project will complement the Colorado Department of
Transportation's (COOT) 1-25 and Prospect Road Interchange improvements planned to begin
construction in 2019. Appropriated funds will enable the initiation of the design process for the project.
Construction funds have not yet been identified. Staff anticipates an overall project budget of
$4,000,000 and an anticipated construction start date of 2020. Staff anticipates the completion of both
projects in 2021.
7. First Reading of Ordinance No. 048, 2018, Appropriating Prior Year Reserves in the Transportation
Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of
Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into
the Capital Project Fund for the South Timberline Road Improvements Project and Transferring
Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in
Public Places Program.
The purpose of this item is to appropriate $549,496 into the Capital Project Fund for the South
Timberline Road Improvement Project. This funding will be used to initiate the design for the project.
In addition, this item will authorize the transfer of $5,495, one percent of the appropriated funds, from
the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This
project will reconstruct South Timberline Road from Stetson Creek Drive to Trilby Road to the City's
four lane arterial roadway standard. Planned improvements include: intersection improvements at
Kechter Road, Zephyr Road, and Trilby Road; multi-modal accommodations; raised medians; access
control; landscaping improvements; and roadway improvements. This project serves to build upon
the development improvements that have been completed along the corridor. This project will improve
safety, reduce congestion, and provide improved accommodations for alternate travel modes. Staff
anticipates an overall project budget of $5,900,000 and an anticipated construction start date of 2021.
8. First Reading of Ordinance No. 049, 2018, Appropriating Prior Year Reserves in the Utility Customer
Service and Administration Fund for Cyber Security and System Enhancements for the Utilities
Customer Information System.
The purpose of this item is to fund security improvements identified in a 2017 assessment of the
Utilities customer information system. This system is the Utilities' primary tool for processing about
$200 million in revenue annually, and it supports multiple critical integrated systems that Utilities relies
on for daily operations in the delivery of accurate billing. Given the expected lifespan of the system, it
is crucial that it is protected and supported until such time as a new billing system is implemented.
9. First Reading of Ordinance No. 050, 2018, Appropriating Unanticipated Grant Revenue in the Light
and Power Fund for the Peak Notification Pilot Project.
The purpose of this item is to appropriate $18,500 in grant revenues from the American Public Power
Association into the Fort Collins Utilities Light and Power Operations fund to pilot a peak load
notification project. This pilot project will be internal to the City of Fort Collins. It will educate staff
members from various departments about coincident peak and provide tools to help City staff conserve
power during peak events.
10. First Reading of Ordinance No. 051, 2018, Amending Chapter 26 of the Code of the City of Fort Collins
Regarding Reimbursement Agreements for the Construction of Water and Sewer Mains.
The purpose of this item is to amend City Code sections related to reimbursement agreements for the
construction of water and sewer mains. These sections of Code define requirements by which private
parties may seek reimbursement from adjacent property owners for installation of public water and
sewer infrastructure. As written, the Code language applies to greenfield development, which is
growing less common in Fort Collins. The proposed Code changes would make the reimbursement
agreements also applicable to infill, redevelopment, and existing development and thus be more useful
to the City and developers.
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11. Resolution 2018-032 Authorizing the City Manager to Enter Into an Intergovernmental Agreement
Concerning the Northern Colorado Regional Communication Network.
The purpose of this item is to authorize the City to enter into an updated intergovernmental agreement
(IGA) concerning the Northern Colorado Regional Communications Network (NCRCN). This IGA
establishes three primary partners (the City of Fort Collins, the City of Loveland, and Larimer County)
as "Partner Agencies", and identifies the responsibilities in sharing in the management, use, and cost
of operating the regional radio communications system. It also outlines the division of existing radio
assets.
12. Resolution 2018-033 Approving an Exception to the Use of a Competitive Process for an Agreement
with Itron Distributed Energy Management, Inc. for Demand Response Services.
The purpose of this item is to request an exception to the use of a competitive bid or proposal process
to pursue an agreement with Itron (formerly Comverge) to continue to provide operations, software
support and field services in support of the Peak Partners demand response program.
Exception to Competitive Bid or Proposal Rationale:
8-161 (d)(1 )b. Although there exists more than one responsible source a competitive process cannot
reasonably be used or, if used will result in a substantially higher cost to the City, will otherwise injure
the City's financial interest, or will substantially impede the City's administrative functions or the
delivery of services to the public.
13. Resolution 2018-034 Adopting Amended Rules of Procedure Governing the Conduct of City Council
Meetings and Council Work Sessions.
The purpose of this item is to update the Rules of Procedure to clarify that the City Manager may
remove items from the Consent Calendar, provide parameters for the use of recording equipment
during Council meetings and to manage the use of the City's display equipment in Council chambers
by requiring citizens who wish to display materials for Council's consideration to provide the materials
to the City Clerk no later than 2 hours before the beginning of the Council meeting.
14. Resolution 2018-035 Appointing Alexandra Reuter to the Parking Advisory Board of the City of Fort
Collins.
The purpose of this item is to appoint Alexandra Reuter to fill a vacancy that exists on the Parking
Advisory Board due to the resignation of Nicholas Bohn, whose term of expiration is December 31,
2019. Councilmembers interviewed applicants solicited in the fall of 2017, and in December, identified
Ms. Reuter as an alternate if a vacancy arose during the year.
END CONSENT
• CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
• STAFF REPORTS
A. Energy Efficiency Portofolio Evaluation and Continuous Improvement (staff: John Phelan)
B. Horsetooth Foothills Land Conservation Project (staff: Mark Sears)
• COUNCILMEMBER REPORTS
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• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
Discussion Items
The method of debate for discussion items is as follows:
• Mayor introduces the item number, and subject; asks if formal presentation will be made
by staff
• Staff presentation (optional)
• Mayor requests citizen comment on the item (three minute limit for each citizen)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker's time.
15. Consideration of an Appeal of the Landmark Preservation Commission Decision Regarding the
Eligibility of the Spradley Barr Property, 2601 South College Avenue, to Qualify as a Landmark. (staff:
Laurie Kadrich, Karen McWilliams; 10 minute staff presentation; 2 hour discussion)
The purpose of this item is to consider an appeal of the Landmark Preservation Commission's (LPC)
de nova decision made on February 21, 2018, finding that the property at 2601 South College Avenue
is eligible for individual landmark designation. This decision was consistent with the initial decision
made by the Community Development and Neighborhood Services Director and the LPC Chair. On
March 7, 2018, an appeal was filed challenging the LPC's decision. Only parties-in-interest as defined
in City Code Section 2-47 may participate in this hearing and the scope of the appeal is limited to those
items identified as grounds for appeal in the Notice of Appeal.
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
• OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating
from the Council's Policy Agenda or initiated by staff.)
• ADJOURNMENT
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending at
the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which
have not yet been considered by the Council, will be continued to the next regular Council meeting and
will be placed first on the discussion agenda for such meeting.
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