Loading...
HomeMy WebLinkAboutMINUTES-05/05/2015-RegularMay 5, 2015 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting — 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Nelson • AGENDA REVIEW: CITY MANAGER City Manager Atteberry withdrew the Downtown Update and Senior Center staff reports. Consent Agenda Item No. 7, Second Reading of Ordinance No. 053, 2015, Extending the Terms of a Non -Exclusive Franchise by the City of Fort Collins to Comcast of California/Colorado GLC and its Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights -of -Way, Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City, has been moved to the discussion agenda in order to consider a possible continuation to May 19. • CITIZEN PARTICIPATION Nancy York congratulated newly elected Councilmembers and requested the upcoming Council retreat be videotaped for broadcast on Cable 14 in order to increase transparency. Stacy Lynne discussed a notice of claim filed against the City; Police Services, the Larimer County Sherriff s Office and the 81s Judicial District. Charles David Ham congratulated newly elected Councilmembers and commended City Manager Atteberry on his work. He opposed the direction the City and CSU are taking in controlling population growth. He provided various suggestions forcontrolling growth and opposed the on -campus stadium. Eric Sutherland opposed the signature verification process for the municipal election and discussed a lawsuit he has filed claiming voters were misled. • CITIZEN PARTICIPATION FOLLOW-UP Mayor Troxell disagreed with Ms. Lynne's assertions and stated he stands by his earlier comments. Councilmember Martinez asked if the population increase data provided by Mr. Ham is correct. City Manager Atteberry replied the City's ultimate build -out is expected to be between 25 and 32 years from now at a population of 255,000 in the growth management boundary. Currently, the City's population is approximately 158,000. City of Fort Collins Page 121 May 5, 2015 Mayor Pro Tern Horak requested a follow-up regarding the signature verification process and potential plans for changes in the future. Councilmember Cunniff stated Council did not opt to have its retreat videotaped; however, he encouraged that decision to be reviewed in the future. Mayor Troxell noted there is a possibility of the retreat location being moved closer to the city center. City Manager Atteberry replied the Saturday evening portion of the retreat will be in the downtown area and the Sunday location has yet to be determined, but is likely to be the Innosphere. Additionally, he noted .the City will provide transportation to the retreat for any individuals needing that service. • CONSENT CALENDAR Mayor Pro Tem Horak withdrew Item No. 3, Second Reading of Ordinance No. 048, 2015, Authorizing the Conveyance of City Property to Walnut Street 354, LLC, from the Consent Calendar. Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt and approve all items not withdrawn from the Consent Calendar. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak The purpose of this item is to approve the minutes from the March 3, March 17 and April 21, 2015 Regular Council meetings and the February 27 and March 24, 2015 Adjourned Council Meetings. 2. Second Reading of Ordinance No. 044, 2015, Reappropriating Funds Previously Appropriated in 2014 But Not Expended and Not Encumbered in 2014. (Adopted) 3. This Ordinance, unanimously adopted on First Reading on April 21, 2015, reappropriates 2014 appropriations approved by City Council that lapsed at the end of 2014. The authorized expenditures were not spent and could not be encumbered in 2014 because there was not sufficient time to complete bidding in 2014 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 2014 and reappropriation of those dollars is necessary for completion of the project in 2015; or to carry on programs, services, and facility improvements in 2015 with unspent dollars previously appropriated in 2014. (Adopted) This Ordinance, unanimously adopted on First Reading on April 21, 2015, designates the Holmes/Manges property, 1202 LaPorte Avenue as a Fort Collins Landmark. The owner of this property, Sharon Manges, is initiating this request. City of Fort Collins Page 122 May 5, 2015 4. 5. This Ordinance, unanimously adopted on First Reading on April 21, 2015, designates the Longyear Property, 719 Remington Street, as a Fort Collins Landmark. Owner James Danella is requesting this designation. This Ordinance, unanimously adopted on First Reading on April 21, 2015, amends City Code to allow the Utilities Executive Director the option to waive the water plant investment fee (WPIF) for projects that only require irrigation for the establishment of native vegetation during the first three years of growth. The City has actively pursued native vegetation for greenspaces and landscaping as a means to reduce long term demand and improve the sustainability of water availability in our region. Successful establishment of such vegetation typically requires irrigation in its first two to three years. After establishment, it can be successful with only the limited natural precipitation of the area. City Code requires that all connections to the water utility pay a WPIF. With this change, the Utilities Executive Director may waive the WPIF for projects that only require irrigation for the establishment of native vegetation during these first three years of growth. All charges for water use would be due by the requesting customer as well as the costs to disconnect at the end of that period. After further discussion, this item was modified to apply to any project meeting these goals. The Ordinance has been amended on Second Reading to revise the definition of native vegetation. (Adopted) Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice on behalf of the Northern Colorado Drug Task Force (NCDTF) for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset joint task force operations. In addition, because of the significant decrease in federal funds available for drug enforcement, the 'drug task force is transferring $256,160 from its forfeiture reserve account to its 2015 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. First Reading of Ordinance No. 055, 2015, Vacating Right-of-Wav as Dedicated on a Plat of Registry Ridge Fourth Filing. (Adopted) The purpose of this item is to vacate Cabot Court, Nimitz Drive, Hornet Drive, Kitty Hawk Court and Enterprise Drive right-of-way that is no longer necessary or desirable to retain for street purposes. The property is proposed to be replatted as Registry Ridge Seventh Filing, which was approved through an Administrative Hearing on March 5, 2015. B. First Reading of Ordinance No. 056, 2015, Vacating Portions of the Rights -of -Way as Dedicated on the Plat of Riverside Park. (Adopted) The purpose of this item is to vacate portions of College Avenue right-of-way at the southwest corner of North College Avenue and Pinion Street. City of Fort Collins Page 123 May 5, 2015 9. Resolution 2015-048 Making Board and Commission Liaison Assignments and Various Committee. Board and Authority Appointments. (Adopted) The purpose of this item is to make Councilmember liaison assignments to boards and commissions and make various committee, board and authority appointments. • STAFF REPORTS City Manager Atteberry announced Public Employee Appreciation week. Mayor Troxell presented the 2015 City Employee awards. Jason Graham, Lindsay Kuntz, and Jackie Pearson received the Standard of Excellence award. Armando DeLaSantos, Lisa Robles and Carl Sanders received the Customer Service award. Doreen Kemp, Robert St. John and Grant Smith received the Vision, Values and Mission award. The Advanced Meter Infrastructure team, Cemeteries team, and the Transfort team received awards for Superior Customer Service, representing the City's Vision, Mission and Values and setting a Standard of Excellence. • COUNCILMEMBER REPORTS Councilmember Overbeck reported on a tour of the Murphy Center. Councilmember Cunniff reported on his receipt of $12 in the mail which he will donate to Save the Poudre. Councilmember Martinez reported on his participationinthe International Student dinner at CSU. He thanked City Manager Atteberry for the community updates and reports. Additionally, he reported on his attendance at the Quest for Excellence lunch and asked City Manager Atteberry to report on the award received by the City. City Manager Atteberry discussed the City's participation in the Rocky Mountain Performance Excellence Program. Mayor Pro Tern Horak reported on his participation at a Teaching Tree fundraiser and suggested the inclusion of sliding scale daycare facilities in new buildings. Additionally, he reported on the Platte River Power Authority Board meeting and Poudre Fire Authority's approval of an agreement with UC Health to provide ambulance service. Mayor Pro Tern Horak also reported on his attendance at the Resilient City.Summit. • CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on April 21, 2015, conveys approximately 3,800 square feet of City property to Walnut Street 354, LLC for utilization in the development of a downtown hotel and convention center at 354 Walnut Street, the former location of the Armadillo Restaurant. The property will be purchased by the developer at fair market value, as determined by the City. Additionally, the conveyance will be subject to a public access and utility easement reservation which allows the subject property to continue to be utilized for these purposes, just as it is today. Mayor Pro Tern Horak stated community members have expressed concern regarding the City of Fort Collins IPage 124 May 5, 2015 possible demolition of the garage at 354 Walnut Street. Lucia Liley, attorney representing Walnut Street 354, LLC, stated the garage will not remain on the site due to size constraints of the property as it has not been determined to be eligible for historic status. However, the developer is planning to individually remove bricks from the garage and give them to the Downtown Development Authority board for reuse. Eric Sutherland questioned whether or not the City owns the property and requested assurance no conflicts of interest are present regarding the developer and the DDA board. Additionally, he discussed tax increment financing. Councilmember Conniff requested information regarding the City's ownership of the property Patrick Rowe, Real Estate Services, replied the City does own the property by recorded deed. Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 048, 2015, on Second Reading. Councilmember Cunniff stated he would support the conveyance of the property. RESULT: ORDINANCE NO. 048, 2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak • DISCUSSION ITEMS it. Fees, Capital Improvement Expansion Fees and Use Tax. (Adopted on First Reading) Option 1: First Reading of Ordinance No. 057, 2015, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees, Capital Expansion Improvement Fees, and Use Tax. Option 2: First Reading of Ordinance No. 058, 2015, Appropriating Prior Year Reserves in the General, Capital Expansion, and Street Oversizing Funds to Reimburse Woodward, Inc. for Development Fees, Capital Expansion Improvement Fees, and Use Tax. The purpose of this item is to appropriate $2,107,261 of prior year reserves for a rebate to Woodward for fees and use tax as approved by City Council on April 2, 2013 (Ordinance No. 055, 2013). Ordinance No. 055, 2013 approved an agreement between the City, Downtown Development Authority (DDA), and Woodward, Inc. The agreement provides Business Investment Assistance for the relocation of Woodward's headquarters as well as an expansion of its manufacturing and office facilities to anew location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. The City's assistance includes a rebate of Use Tax, Development Fees, and Capital Improvement Expansion Fees. The Council is presented with two options. Option 1 is an ordinance that would appropriate all rebates from the General Fund's prior year reserves. Option 2 is an ordinance that would also appropriate all the rebates from the General Fund's prior year reserves, except for the rebate of Capital Improvement Expansion Fees, which would be appropriated from the prior year reserves in the Capital Expansion and Street City of Fort Collins Page 125 May 5, 2015 Oversizing funds for the rebated Capital Improvement Expansion Fees. Council should adopt only one of the proposed options; the other ordinance will be withdrawn. Mike Beckstead, Chief Financial Officer, stated this is not a new incentive but is tied to the incentive package approved by Council in 2013 and is related to rebates of certain types of fees paid by Woodward. Capital expansion fees, including street oversizing, could be rebated out of the capital improvement expansion fund rather than the general fund should Council desire. This is the first time the City has rebated capital expansion fees as part of a financial incentive package. Eric Sutherland stated the decision made by Council in 2013 regarding the rebates is not binding to this Council. He discussed violations of public finance law. Councilmember Martinez asked what option is being recommended by staff. Beckstead replied flexibility is an asset and expressed support for Option 2. Councilmember Martinez commended Beckstead on his work, particularly related to public finance. Councilmember Cunniff discussed the importance of predictability and purposing of fee revenues. He stated the General Fund should be used to provide for economic development and other activities and supported Option 1. Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 058, 2015, Option 2. Councilmember Cunniff requested a discussion regarding the rationale of support for Option 2. Councilmember Martinez cited the staff recommendation. City Manager Atteberry withdrew Ordinance No. 057, 2015, therefore requiring no further action by Council regarding this Ordinance. RESULT: ORDINANCE NO. 058, 2015, ADOPTED ON FIRST READING [5 TO 21 MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Campana, Troxell, Horak NAYS: Overbeck, Cunniff 12. A. Resolution 2015-049 Appointing a Council Liaison to the Planning & Zoning Board B. Resolution 2015-050 Appointing a Council Representative and Alternate to the Downtown Development Authority Board. C. Resolution 2015-051 Appointing Council Representatives to the City/Colorado State University Leadership Committee. The purpose of this item is to make Councilmember liaison assignments to the Planning and Zoning Board, the Downtown Development Authority, and the City/Colorado State University Leadership Committee. City of Fort Collins Page 126 May 5, 2015 Mayor Troxell stated this item would make Council liaison appointments to the Planning and Zoning Board, Downtown Development Authority, and the City/CSU Leadership Committee. Eric Sutherland requested Council pay attention to ambiguous language which permitted the extension of the DDA. Additionally, he discussed tax increment finance. Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2015-049, appointing Councilmember Martinez as the Planning and Zoning Board liaison. RESULT: RESOLUTION 2015-049'ADOPTED [4 TO 31 MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Campana, Troxell, Horak `NAYS: Stephens, Overbeck, Cunniff Mayor Pro Tern Horak. made a motion, seconded by Councilmember Campana, to adopt Resolution 2015-050, appointing Councilmember Martinez as the DDA liaison and Councilmember Campana as the alternate DDA liaison. Councilmember Cunniff expressed concern this appointment violates Council unadopted precedent that a Councilmember should be given the opportunity to continue a liaison appointment. Mayor Troxell stated there has never been any written policy regarding liaison appointments. RESULT: RESOLUTION 2015-050 ADOPTED [4 TO 31 MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Campana, Troxell, Horak NAYS: Stephens, Overbeck, Cunniff Councilmember Martinez made a motion, seconded by Mayor Pro Tem Horak, to adopt Resolution 2015-051, appointing Mayor Troxell and Councilmember Campana as representatives on the City/CSU Leadership Committee. City of Fort Collins Page 127 May 5, 2015 RESULT: RESOLUTION 2015-051 ADOPTED [4 TO 31 MOVER: Ray Martinez, District 2 SECONDER: Gerry Horak, District 6 AYES: Martinez, Campana, Troxell, Horak NAYS: Stephens, Overbeck, Cunniff 13. Second Reading of Ordinance No. 053, 2015, Extending the Terms of a Non -Exclusive Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its May 19, 2015) This Ordinance, unanimously adopted on First Reading on April21, 2015, extends the current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of 47 days to July 31, 2015. The current, extended agreement expires June 14, 2015. City staff and Comcast representatives have reached mutual agreement on the final elements of the new agreement. The additional 47 days will allow for more time for public input prior to the consideration of the new agreement by Council. The proposed extension will maintain the terms and conditions of the existing Franchise for the duration of the extension. City Manager Atteberry recommended continuing this item to May 19 for additional work. Mayor Pro Tem Horak asked if postponement to a later date would be beneficial. Kelly DiMartino, Assistant City Manager, replied this item would extend the current Comcast agreement through July 31. She stated Council will have the option to extend the agreement beyond that date at the May 19 hearing. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to postpone this item to May 19. RESULT: POSTPONED TO MAY 19, 2015 [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak • ADJOURNMENT The meeting adjourned at 7:50 PM. SEAL ATTEST: City Clerk City of Fort Collins Page 128 Mayor