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HomeMy WebLinkAboutMINUTES-08/23/2016-AdjournedAugust 23, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Adjourned Meeting — 6:00 PM J • ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Winkelmann Executive Session Authorized Mayor Pro Tern Horak made a motion, seconded by Councilmember Martinez, that the Council go into Executive Session for the purpose of meeting with the City's Attorney, including special legal counsel and management staff, to discuss specific legal questions regarding the City's Keep Fort Collins Great tax and the Taxpayer's Bill of Rights, litigation or potential litigation involving the City, and the manner in which particular policies, practices or regulations of the City may be affected by existing or proposed provisions of federal, state, or local law, as permitted under Section 2-31(a)(2) of the City Code and Colorado Revised Statute Sections 24- 6-402(4)(b). Eric Sutherland questioned 'what the Council intends to accomplish by going into an Executive Session. He discussed the KFCG tax and ballot question and stated the City owes taxpayers a refund based on the provisions of TABOR. Mayor Troxell stated the City's attorneys have been very forthright in their advice to Council and expressed support for their work and opinions being in the best interest of the city. Councilmember Campana stated TABOR is quite complicated and this. Executive. Session will be time well spent. t RESULT: EXECUTIVE SESSION AUTHORIZED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell,,Cunniff, Horak (Secretary's note: At this point in the meeting, Council adjourned into executive session and returned at 8:09 p.m.) Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, that the Council direct the City Manager and City Attorney to bring forward for Council, consideration on Tuesday, August 30, 2016, a resolution setting a ballot title and ballot submission clause regarding the City's Keep Fort Collins Great sales and use tax and the Taxpayer's Bill of Rights (TABOR). Councilmember Cunniff stated this will reaffirm what voters have already asked of the City. Councilmember Martinez stated it is clear the City has followed the law. City of Fort Collins Page 86 August 23, 2016 0 RESULT: MOTION ADOPTED [6 TO 01 MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak AWAY: Campana • ADJOURNMENT Mayor Pro Tem Horak made a motion, seconded by Council member Cunniff, to adjourn to 6:00 PM, Tuesday, August 30, 2016„ for the KFCG sales and use tax issue and to consider any other business that may come before the City Council. RESULT: ADOPTED [6 TO 01 MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak AWAY: Campana The meeting adjourned at 8:15 PM. r SEA1, ATTEST: 'Q,%•...•: I/V W City Clerk City of Fort Collins Page 87 0