HomeMy WebLinkAboutMINUTES-12/16/2014-RegularDecember 16, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Nelson
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Council will not consider adjourning into executive session under
Other Business.
• CITIZEN PARTICIPATION
Charles David Hamm stated the City has the right to provide or decline utility services to any
entity within the city, including Colorado State University, in regard to the proposed on -campus
stadium. He encouraged the creation of a feasibility and cost impact study.
Ward Luthi discussed significant change to the character of a section of the Poudre River due to
beaver inhabitation.
Cheryl Distaso, Fort Collins Community Action Network, discussed the need for lockers for
homeless individuals, opposed the issuance of camping tickets to homeless residents, and stated
inaccurate counts exist regarding the number of homeless in the community. She announced the
January community summit regarding homelessness as well.
Diane Smith, Senior Advisory Board, asked about the vision for the BOB 2.0 tax measure and
requested an explanation of what the proposed tax would fund.
Thomas Edwards wished Council and staff a Merry Christmas and Happy New Year and
commended the work of Police in the Avery Park neighborhood.
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Cunniff stated a meeting was held regarding Mr. Luthi's concerns about, the
Poudre River and requested further follow-up regarding the plan for that section of the River, as
well as other sections.
Councilmember Overbeck stated 64 tickets were issued to homeless individuals over the last
three months. He suggested officers acquire additional information from the individuals as to
why they are currently homeless.
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• CONSENT CALENDAR
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt and
approve all items on the Consent Calendar.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
2.
3.
Consideration and Approval of the Minutes of the November 18, 2014 Regular Council
Meeting and November 25, 2014 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the November 18, 2014 Regular Council
meeting and the November 25, 2014,Adjourned Council meeting.
The purpose of this item is to codify the Electric Utility's fiscal responsibility for providing municipal
street lighting as an in -kind franchise fee payment to the General Fund. The Ordinance also revises
the language related to the Water and Wastewater Funds' required 6% payment to the General Fund
to clarify that this is a payment -in -lieu -of -taxes and franchise fees (as opposed to just a payment -in -
lieu -of -taxes). The second change is consistent with Article V, Section 23 of the City Charter and
with the wording used in City Code to reference the same fee paid by the Light & Power Fund.
The Ordinance was adopted on First Reading on October 28, 2014 by a vote of 4-2 (nays: Overbeck
and Cunniff, absent: Poppaw) with direction that staff further review the item with the Council
Finance Committee prior to Second Reading.
The City Council Finance Committee discussed this item on November 17, 2014 and recommended
that if the Ordinance is approved, staff should provide more transparency to electric customers that
the cost of street lighting is included in the electric rates. If approved, the back of the utility bill will be
revised to show that approximately 1.2% of the electric bill is used to fund the operation and
maintenance of the City's street lighting system. This is approximately $0.78 per month for a typical
residential customer. Staff will also highlight street lighting costs through additional customer
outreach and communications.
that Purpose. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 2, 2014, appropriates funds
from the City's General Fund Reserves for transfer to the Fort Collins Urban Renewal Authority for
the purpose of URA reimbursements for the Prospect Station Project, and approve a loan agreement
for that purpose.
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4.
(Adopted)
This Ordinance, unanimously adopted on First Reading on December 2, 2014, corrects adopted
Ordinance No. 143, so that $610,000 of prior year reserves needed to fund the City's worker's
compensation, property and liability claim payments for the remainder of 2014 are appropriated from
the Self -Insurance Fund rather than from the General Fund.
5. Second Reading of Ordinance No. 171, 2014, Adopting the 2014 Larimer Countv
Transportation Capital Expansion Fee Schedule. (Adopted)
3
7.
This Ordinance, unanimously adopted on First Reading on December 2, 2014, adopts the 2014
Larimer County Transportation Capital Expansion Fee Schedule (Regional Road Fee) as determined
by the Intergovernmental Agreement with Larimer County.
This Ordinance, unanimously adopted on First Reading on December 2, 2014, updates the City
Code, which requires an annual adjustment to certain building permit related fees. Capital
Improvement Expansion fees and Neighborhood Parkland fees are to reflect the changes in the
Denver -Boulder -Greeley Consumer Price Index (CPI). Street Oversizing fees are adjusted by the
changes posted in the Engineering News Record (ENR). The CPI has increased 2.9% since its last
adjustment and the ENR has not changed significantly enough to warrant an adjustment.
This Ordinance, unanimously adopted on First Reading on December 2, 2014, amends City Code
provisions relating to the registration of municipal electors, the conduct of mail ballot elections, and
the filing of campaign finance reports.
8. Second Reading of Ordinance No. 174, 2014, Amending Chapter 15, Article XIV of the Code of
the City of Fort Collins Regarding Outdoor Vendors. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 2, 2014, amends Chapter 15
of the City Code regarding Outdoor Vendors with amendments to further support the outdoor
vending community. In 2012, City Council adopted new outdoor vendor regulations based on a
comprehensive study completed by staff. Since the inception of the new regulations, staff has been
monitoring the activity and working with the mobile vending community to address opportunities for
improvement to the Code. In May 2014, City Council adopted two minor amendments as part of a
phased approach. Staff is recommending an additional amendment to further support the outdoor
vending community's request to hold larger gatherings on a more frequent basis. A corresponding
amendment is being recommended to the City's Land Use Code.
9. Second Reading of Ordinance No. 175, 2014, Making Various Amendments to the Land Use
Code. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 2, 2014, adopts a variety of
revisions, clarifications and additions to the Land Use Code that have been identified since the last
update in July 2014.
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10.
12.
13.
This Ordinance, unanimously adopted on First Reading on December 2, 2014, authorizes the
conveyance of a non-exclusive utility easement to East Larimer County Water District on North
Shields Ponds Natural Area. Larimer County has requested that East Larimer County Water District
(ELCO) relocate an existing meter vault that resides in the right of way along the western side of
North Shields Street as a part of the larger North Shields Street widening project. The new vault will
reside in a location within the same gravel parking lot as it is currently located at North Shields
Ponds Natural Area. Because the new location will be outside the right-of-way, a non-exclusive
easement will be needed from the City.
This Ordinance, unanimously adopted on First Reading on December 2, 2014, authorizes the
conveyance of a shared access easement between the City and Michael and Carleen Birchette
across a private road called Ackerman Court. The City of Fort Collins Natural Areas Department
owns property immediately north of the Poudre River and east of Shields Street known as McMurry
Natural Area. Michael and Carleen Birchette own a small tract of adjoining land. The access to the
two properties is by means of an existing private road, Ackerman Court, of which a portion falls on to
each property. In order to establish an easement of record and the allowed use of the private road
by each party, the Natural Areas Department and Birchettes have proposed the conveyance of a
shared access easement allowing both parties the right to use the private road for access purposes.
(Adopted)
The purpose of this item is to obtain authorization from City Council to use eminent domain, if
deemed necessary, to acquire property interests needed to construct improvements at the Drake
Road and Shields Street intersection. The Drake Road and Shields Street Intersection
Improvements Project will construct right turn lanes on northbound and southbound, Shields Street,
bicycle lanes, and medians for safety and air quality improvements at the intersection. The project is
planned to begin construction in the summer of 2015. The project budget consists of both federal
and local funds. To construct these improvements, the City will need to acquire certain property
interests adjacent to the project area. The acquisitions include right-of-way and temporary
easements from three property owners. Timely acquisition of the property is necessary to meet the
anticipated construction schedule. Staff fully intends to negotiate in good faith with all affected
owners and is optimistic that all property negotiations can be completed prior to the start of the
project. Staff is requesting authorization of eminent domain for all property acquisitions for the
project to comply with federal acquisition requirements. Eminent domain action will be used only if
such action is deemed necessary.
The purpose of this item is to provide City Council authorization to utilize eminent domain, if
necessary, to acquire property interests which are necessary to provide intersection improvements at
McClelland Drive and Drake Road in order to enhance safety and service for the MAX Bus Rapid
Transit System (MAX). As a federally funded transportation project, acquisitions will conform to the
provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970,
as amended (Public Law 91-646). In accordance with this act, property owners must be informed
about the possible use of eminent domain and their rights pursuant to the act though an official
Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to
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property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if
necessary, and only if good faith negotiations break down.
14. Resolution 2014-110 Adopting the 2014 Update to the Three -Mile Plan for the City of Fort
Collins. (Adopted)
15.
16.
17.
The purpose of this item is to update the Three -Mile Plan for the City of Fort Collins, Colorado (Plan).
The Plan is a policy document for coordinating future annexation and provision of services, required
to be updated annually per Colorado Revised Statues. Section 31-12-105 of state statues requires
that cities complete a plan within three miles in any direction from any point of its municipal
boundary. The Plan describes the general location, character, utilities, and infrastructure for areas of
potential annexation. This state -required annual update is routine and recurring, and highlights the
2014 changes to approved plans and other documents applicable to those areas defined in the state
statues. There are very few changes in this year's annual update from the 2013 update.
A. Resolution 2014-111 Approving an Intergovernmental Agreement Among the City of Fort Collins
and Other Governmental Entities Regarding Disaster -Emergency Mutual Aid and Disaster -
Emergency Funding Assistance.
B. Resolution 2014-112 Approving an Intergovernmental Agreement with Platte River Power
Authority and Other Local Governments Affiliated with Platte River Power Authority for Non -
Emergency Responses for Utility Network Assistance. ,
The purpose of this item is to approve two separate mutual aid Intergovernmental Agreements
(IGAs). Resolution 2014-111 approves a uniform IGA among government entities lying within or in
close proximity to northern Colorado, establishing the protocol for disaster emergency mutual aid
and disaster emergency funding assistance.
Resolution 2014-112 approves a utility network assistance IGA that provides cooperation and
coordination with Platte River Power Authority and the four founding municipalities: the Cities of Fort
Collins, Loveland, and Longmont; and the Town of Estes Park.
Development Plan. (Adopted)
The purpose of this item is to consider the Resolution making findings of fact and conclusions
regarding the two Appeals of the Administrative Hearing Officer's September 4, 2014 Remand
Decision to Approve the Summit on College Parking Structure, Major Amendment.
Two separate parties filed a Notice of Appeal concerning the Hearing Officer's September 4, 2014
Remand Decision to Approve the Summit on College Parking Structure, Major Amendment.
On December 2, 2014, City Council voted 7-0 on the motion that the Hearing Officer conducted a fair
hearing in approving the Major Amendment; and voted 7-0 that the Hearing Officer did not fail to
properly interpret and apply relevant provisions of the Land Use Code, specifically Section 3.4.1(1)(2)
and 3.5.1(J), and added conditions to the project's approval.
(Adopted)
The purpose of this item is to approve an intergovernmental agreement ("IGA") with the Poudre Fire
Authority ("PFA") authorizing the City Attorney to provide legal advice to the PFA under certain
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circumstances. The IGA will authorize the City attorney and his or her staff to provide non-exclusive
legal services on a matter -by -matter basis to the PFA in situations where there is not a direct conflict
of interest between the two entities and where the City Attorney has the capacity and resources to
provide the service. The PFA will pay the City an annual amount equal to 10% of the yearly salary of
one full-time attorney in the City Attorney's Office. For 2015, the payment amount will be Seventeen
Thousand Seven Hundred Fifty Dollars ($17,750).
18. Resolution 2014-115 Making Appointments to Various Boards. Commissions and
Authorities of the City of Fort Collins. (Adopted) °
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various
boards, commissions, and authorities due to resignations of board members and the expiration of
terms of current members. Applications were solicited during September and October. Council
teams interviewed applicants during November and December. This Resolution appoints
individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies
will be advertised as needed.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff supported the increase in transparency with regard to Item No. 2,
Second Reading of Ordinance No. 146, 2014, Revising Chapter 26 of the City Code Regarding
Payments in Lieu of Taxes and Franchise Fees, and Specifying that the Operation and
Maintenance of the Street Lighting System is an 1n Kind Payment by the Light & Power Fetid in
Lieu of Taxes and Franchise Fees and encouraged thorough record -keeping regarding costs in
reference to Item No. 17, Resolution 2014-114 Approving an Intergovernmental Agreement
Between the City of Fort Collins and the Poudre Fire Authority Regarding the Provision of
Legal Services.
Mayor Pro Tem Horak noted most of the work regarding the Poudre Fire Authority item would
be done by the City and City Attorney's Office anyway. Councilmember Cunniff reiterated his
request for an accounting of any additional costs in terms of making the agreement equitable.
• COUNCILMEMBER REPORTS
Councilmember Cunniff reported on the Council Finance Committee meeting during which the
prioritization of BOB 2.0 projects, revenue diversification, an RMI business update, and the
parking fund were discussed.
Councilmember Troxell asked if specific votes were taken at the Finance Committee meeting
regarding the street maintenance tax. Councilmember Cunniff replied in the negative.
Councilmember Overbeck reported he was reappointed to the Poudre Heritage Alliance.
Mayor Pro Tem Horak reported on the Platte River Power Authority meeting during which the
2015 budget was passed.
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• DISCUSSION ITEMS
19. Resolution 2014-116 Approving the 2014 Bicycle Master Plan. (Adopted as Amended)
The purpose of this item is to seek City Council approval of the 2014 Bicycle Master Plan (2014
Plan). The 2014 Plan has been developed over the course of the past 14 months. The 2014 Plan is
oriented around the year 2020, and recommends a comprehensive set of bicycle program, policy
and network strategies to increase the safety and accessibility of bicycling in Fort Collins for people
of all ages and abilities. The 2014 Plan reflects extensive input from the community, a data -driven
process, and best practices for achieving a world -class city for bicycling.
Karen Cumbo, Planning, Development and Transportation Director, discussed the evolution of
the Bicycle Master Plan and introduced key staff members.
Tessa Greegor, FC Bikes Program Manager, discussed the public involvement process and
provided an overview of the Plan recommendations. Multiple funding sources will be sought in
order to implement the recommendations of the Plan. Additionally, Greegor stated the Plan has
been recommended for approval by affected boards and commissions.
Bruce Henderson, Bike Fort Collins, recognized audience support for the Plan and commended
the Plan as being comprehensive, cost-effective, and visionary.
Charles David Hamm complimented the City on having a bicycle plan and encouraged the
inclusion of night-time safety information.
Dave Kemp commended the Plan document and encouraged collaboration with other Platinum
Bicycling cities.
Josh Kerson supported the Plan and noted many cyclists move to Fort Collins due to its bicycling
infrastructure.
Aaron Faad, Colorado State University Alternative Transportation Manager, commended the
City on its world class staff, plan for low -stress networks, and efforts to collect data.
Thomas Edwards encouraged the creation of an enforcement action plan.
Councilmember Cunniff requested information regarding the enforcement pieces of the Plan.
Greegor replied enforcement is largely discussed in terms of expanding the FC Bikes partnership
with Police Services. She stated a safety panel recently presented to the Transportation Board
and discussed the coordination of an education and enforcement effort. Infrastructure
improvements should decrease crashes.
Councilmember Cunniff asked about the possibility of future recommendations and data tracking
in terms of strategic outcomes. Greegor replied citation information will continue to be tracked
and the new Safety Diversion Program has been put in place to educate individuals who have
received bicycle citations.
Councilmember Troxell commended the Plan as being comprehensive and thanked those who
spoke. Additionally, he discussed enforcement issues with multi -modal infrastructure.
Mayor Pro Tem Horak stated he is not convinced the infrastructure improvements will
completely alleviate violation issues and asked if data will be collected regarding the current
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level of violations in order to ascertain future improvements. Greegor replied staff can collect
that data, though it may not be specifically addressed in the Plan.
Mayor Pro Tern Horak noted the Plan does not necessarily address the annual increase in CSU
students and enforcement tactics and results need to be.addressed given the dynamic population.
He asked Greegor to address the possibility that funding may not occur. Greegor replied the
Plan discusses a diverse funding strategy that will be pursued in order to implement the
recommendations of the Plan. Federal grants and City opportunities will be leveraged and some
grant funding has already been sought.
Paul Sizemore, FC Moves Program Manager, noted there is a matching portion for each of the
two current grant applications which will be funded by ongoing revenue sources.
Mayor Pro Tern Horak expressed concern regarding referencing future years when there is no
guaranteed funding and suggested more a more detailed illustration of what is actually funded
versus possible future gaps.
City Manager Atteberry noted Mayor Pro Tem Horak is attempting to ensure a situation of over-
promising and under -delivering does not occur. He suggested the possibility of an annual status
report in order to ensure accountability for progress.
Mayor Weitkunat suggested including a clear statement to that effect in either the Plan or the
Resolution. Additionally, she commended the Plan and its inclusion of low -stress networks.
Councilmember Campana stated this Plan is another example of Fort Collins driving innovation
and commended work on the Plan. He stated enforcement will come from increased ridership
and awareness and suggested any annual report requirement should be part of the Plan itself.
Councilmember Poppaw commended staff work on the Plan.
Mayor Pro Tent Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-116.
Cumbo stated the Plan could be modified to clarify goal language and remove year specificity.
City Attorney Daggett suggested additional whereas clauses for the Resolution to meet Council's
requests regarding goals and annual report requirements.
Cumbo stated a qualifying statement would be added to any sections of the Plan with specific
references to years or dollars and Council would be provided with follow-up information
regarding those specific changes.
Mayor Pro Tent Horak stated the Plan is excellent; however, he wanted to ensure future
flexibility. Additionally, he commended the low -stress network portion of the Plan.
Mayor Pro Tent Horak and Councilmember Troxell accepted City Attorney Dagget's language
suggestions as a being a friendly amendment to the Resolution.
Councilmember Overbeck commended work on the Plan and suggested the possibility of a "Year
of the Bicycle."
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December 16, 2014
Councilmember Cunniff commended the Plan.
Councilmember Troxell thanked Mayor Pro Tern Horak for his suggestions.
RESULT: RESOLUTION 2014-116 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
20. Resolution 2014-117 Selecting a Name for a 31-Acre Natural Area. (Adopted)
The purpose of this item is to review and select a name for a new 31-acre Natural Area. The
property is located next to Woodward Governor's new headquarters and the Poudre River. The staff
recommended name for the site is "Homestead Natural Area." The Land Conservation and
Stewardship Board supports this recommendation.
John Stokes, Natural Areas Director, discussed the site and Council's previous direction on its
naming. Staff is recommending the name Homestead Natural Area for the site, which was
unanimously endorsed by the Land Conservation Stewardship Board.
Heather Wolhart, great -great -great grandchild of John and Emily Coy, stated the family is
settling for the suggested name, but would prefer Coy Homestead Natural Area.
Myrne Watrous stated the naming of this site should have been about the City's history.
Carol Tunner stated the Coy name deserves more of a lasting legacy and discussed the family
contributions to the area.
Councilmembers Campana and Troxell supported the addition of the Coy name to the Natural
Area.
Councilmember Overbeck asked how the family will be celebrated in the trail interpretation.
Stokes replied staff has yet to determine the exact interpretive measures; however, he noted
interpretation can be done both on and off site.
Councilmember Cunniff discussed the issue of Woodward Governor not donating the land, but it
being part of an exchange, and supported the staff suggestion for the Homestead name with
interpretive measures recognizing the Coy family.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Resolution 2014-1 17 as amended, with the name Coy Homestead Natural Area.
Councilmember Troxell supported comments regarding interpretive signage and added his
support for Coy being added to the area name.
Councilmember Campana discussed his support for the addition of the family name.
Mayor Pro Tern Horak stated he would not support the addition of the Coy name and made a
motion, seconded by Councilmember Cunniff, to amend the motion to remove the Coy name.
Councilmember Troxell stated his willingness to table the issue in order to allow additional
citizen input.
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Councilmember Cunniff discussed his support for the staff suggestion and the public process
thus far.
The vote on the amendment was as follows: Yeas: Overbeck, Poppaw, Cunniff and Horak.
Nays: Weitkunat, Troxell and Campana.
THE MOTION CARRIED.
Mayor Weitkunat discussed her support for the naming process but expressed regret regarding
Council's failure to honor historical names in perpetuity.
Councilmember Troxell stated he would support the original motion and supported the direction
of the interpretive trail.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
RESULT:
RESOLUTION 2014-117 ADOPTED [UNANIMOUS]
MOVER:
Wade Troxell, District 4
SECONDER:
Gino Campana, District 3
AYES:
Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
21. Items Relating to the a Leadership Committee with Colorado State University. (Adopted)
A. Resolution 2014-118 Authorizing the Formation of a Leadership Committee with Colorado State
University and Modifying the Composition of the Previously Established City/CSU Liaison
Committee.
B. Resolution 2014-119 Appointing Two Representatives to the City/CSU Leadership Committee.
Resolution 2014-118 authorizes the formation of a Leadership committee with Colorado State
University (CSU) to strengthen town/gown relationships and discuss and address matters of mutual
interest to the City and CSU. The Committee will consist of two Councilmembers, the City Manager,
the President of CSU, and a local CSU Board of Governors representative and shall meet 2 or more
times per year. This Resolution also modifies the previously established City/CSU Liaison
Committee by removing the City Councilmember and City Manager's participation so as to provide
for a more administrative focus of that committee's efforts. Resolution 2014-119 appoints two City
Councilmembers to the newly formed City/CSU Leadership Committee.
City Manager Atteberry discussed the evolution of this item, stating Councilmember Troxell
originally suggested the idea of creating a higher -level, strategic -oriented dialogue with CSU.
This Resolution would create such a committee. Two Councilmembers will be named to the
committee. -Additionally, staff is recommending Councilmembers would no longer serve on the
existing CSU/City Liaison Committee.
Councilmember Overbeck suggested Councilmembers from Districts 5, 6 and I should serve on
the committee.
Mayor Weitkunat stated the issues relating to CSU are citywide.
Councilmember Poppaw stated the residents most impacted live in Districts 5 and 6.
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December 16, 2014
Mayor Pro Tent Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-118.
Councilmember Troxell stated CSU issues are city-wide and suggested this Leadership
Committee will provide the foundation for the first steps in engaging in discussions with CSU
and its Board of Governors.
RESULT:
RESOLUTION 2014-118 ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Wade Troxell, District 4
AYES:
Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Mayor Pro Tent Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-119, with Councilmembers Campana and Troxell appointed to serve on the
Committee.
Mayor Pro Tent Horak suggested the incoming Council will be able to change appointments as it
sees fit and noted Councilmembers Campana and Troxell were already appointed to the Liaison
Committee.
Councilmember Overbeck thanked Councilmembers Campana and Troxell for their service on
the Committee.
RESULT:
RESOLUTION 2014-119 ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Wade Troxell, District 4
AYES:
Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak, Weitkunat
22. Resolution 2014-120 Accepting Advisory Opinion and Recommendation No. 2014-2 of the
Ethics Review Board. (Adopted)
The purpose of this item is to submit the opinion of the Ethics Review Board to Council for its
consideration and possible approval.
Mayor Weitkunat withdrew from the discussion of this item.
City Attorney Daggett stated this item relates to an inquiry by Mayor Weitkunat regarding
whether, and the extent to which, she has a continuing conflict of interest in participating in
matters of various types relating to Foothills Mall. The Ethics Review Board, including
Councilmembers Poppaw, Campana and Cunniff, concluded that whether the Mayor has a
conflict on new matters related to the Mall should be evaluated based on the particular
circumstances related to that matter. Additionally, the Board specifically noted it was not re-
evaluating, upholding, or overturning the original 2012 Ethics Review Board opinion in which
the Mayor was found to have a conflict of interest related to Mall issues due to the proximity of
her residence to the Mall.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2014-120.
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December 16, 2014
/
Councilmember Cunniff clarified this decision would allow the Mayor to participate in Mall
issues on a case -by -case basis.
Councilmember Campana stated this decision removes the Mayor's presumed blanket conflict on
every Mall -related issue.
RESULT:
RESOLUTION 2014-120 ADOPTED [6 TO 0]
MOVER:
Ross Cunniff, District 5
SECONDER:
Lisa Poppaw, District 2
AYES:
Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
RECUSED:
Weitkunat
23. Items Relating to the Employment of the Municipal Judge. (Adopted)
A. Resolution 2014-121 Reappointing Kathleen M. Lane as Municipal Judge and Authorizing the
Eleventh Addendum to the Judge's Employment Agreement.
B. First Reading of Ordinance No. 178, 2014, Amending Section 2-606 of the Code of the City of
Fort Collins and Setting the Salary of the Municipal Judge.
City Council met in executive session on November 12, 2014, to conduct the performance review of
Municipal Judge Kathleen Lane. Resolution 2014-111 reappoints Judge Lane for another two-year
term to expire December 31, 2016 and authorizes the Mayor to execute an addendum to the Judge's
employment agreement to reflect the change in term. Ordinance No. 178, 2014, establishes the 2015
salary of the Municipal Judge.
Mayor Weitkunat discussed the performance evaluations of the Municipal Judge, City Attorney,
and City Manager.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2014-121.
Mayor Pro Tem Horak commended Judge Lane's court administration and productivity.
Councilmember Poppaw commended Judge Lane's work and efficiency and stated she is most
impressed by Judge Lane's establishment of Special Agency Sessions and her work in the
community with homeless individuals..
Councilmember Campana noted Council has thoroughly commented on the Judge's performance
during her evaluation and commended her work.
Councilmember Troxell commended Judge Lane and her work with alternative sentencing.
Mayor Weitkunat thanked Judge Lane for her service.
RESULT: RESOLUTION 2014-121 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
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December 16, 2014
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 178, 2014 on First Reading, with a 4% salary increase to a $109,365 base salary and
$133,760 total compensation.
RESULT: ORDINANCE NO. 178, 2014 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
24.
(Adopted on First Reading)
The purpose of this item is to set the 2015 salary for the Interim City Attorney. City Council met in
Executive Session with Interim City Attorney Carrie Daggett on November 12, 2014. This Ordinance
establishes the 2015 salary of the Interim City Attorney.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 179, 2014 on First Reading, with a 4.5% salary increase over the current Interim
salary to $151,909 base salary.
Mayor Pro Tem Horak requested additional information prior to Second Reading regarding
salary information should Interim City Attorney Daggett return to the Deputy City Attorney
position. He commended City Attorney Daggett's work and service.
Councilmembers Troxell and Campana commended City Attorney Daggett's work and service.
Mayor Weitkunat commended City Attorney Daggett's leadership of the City Attorney's office.
RESULT: ORDINANCE NO. 179, 2014 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
•1
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
25.
Fort Collins and Setting the Salary of the City Manager. (Adopted on
The purpose of this item is to set the 2015 salary for the City Manager. City Council met in executive
session on November 12, 2014 to conduct the performance review of City Manager Darin Atteberry.
This Ordinance establishes the 2015 salary of the City Manager.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 180, 2014 on First Reading, with a 3% salary increase to a $244,839 base salary and
$296,706 total compensation.
Mayor Pro Tem Horak commended City Manager Atteberry's leadership and dedication.
Councilmember Troxell commended City Manager Atteberry's work in allowing for continued
excellence in the City organization and commended his integrity.
• Councilmember Poppaw commended City Manager Atteberry's leadership.
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December 16, 2014
Councilmember Cunniff stated he would not support the motion citing his opinion that Council
made a mistake with the market value used to evaluate the City Manager's salary last year. He
stated he would support keeping the salary the same.
Councilmember Campana commended City Manager Atteberry's leadership and consistent work
in moving forward. He supported last year's salary increase.
Mayor Weitkunat commended City Manager Atteberry's innovation and service.
RESULT:
ADOPTED ON FIRST READING [5 TO 21
MOVER:
Gerry Horak, District 6
SECONDER:
Wade Troxell, District 4
AYES:
Weitkunat, Poppaw, Campana, Troxell, Horak
NAYS:
Overbeck, Cunniff
• ADJOURNMENT
The meeting adjourned at 8:59 PM.
ATTEST:
O� FORT
City Clerk v: •SEAL,
•�N
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