HomeMy WebLinkAboutMINUTES-12/01/2015-RegularDecember 1, 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, Winkelmann
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry withdrew Item No. 1, Consideration and Approval of the Minutes of.the
November 3, 2015 Regular Council Meeting and the November 10, 2015 Adjourned Council
Meeting, for additional clarification of Councilmember comments. Additionally, he withdrew
Item No. 4, Second .Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an
Easement on Maxwell Natural Area to the Board of Governors of the Colorado State University
System, for additional dialogue with Colorado State University. He stated Item Nos. 14, Items
Pertaining to the Wood Street Second Annexation and,Zoning, and 15, Public Hearing and
Resolution 2015-107 Making Legislative Findings and Approving a Second Substantial
Modification of the Midtown Urban Renewal Plan, are public hearings.
• CITIZEN PARTICIPATION
Thomas Edwards, Fort Collins Bicycle Coalition, stated bicycling numbers were down from last
year, resulting in only a slight decrease in bicycle -related infractions. The City needs to do a
better job of patrolling for bicycle -related infractions and bicyclists must be responsible for their
actions. ,
Eric Sutherland discussed loans made from the City to the Urban Renewal Authority.
• CONSENT CALENDAR
Eric Sutherland withdrew Item Nos. 3, Second Reading of Ordinance No. 148, 2015, Amending
the Code of the City of Fort Collins to Increase the Amounts of the Capital Improvement
Expansion Fees Contained in Chapter 7.5 of the City Code so as to Reflect Inflation in
Associated Costs of Services, and 13, Resolution 2015-106 Making Legislative Findings and
Approving a Non -Substantial Modification of the North College Avenue Urban Renewal Plan,
from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Carripana, to adopt and
approve all items not withdrawn from the Consent Agenda.
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December 1, 2015
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Consideration and Approval of the Minutes of the November 3, 2015 Regular Council Meeting
and the November 10, 2015 Adiourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the November 3, 2015 Regular Council
meeting and the November 10, 2015 Adjourned Council meeting.
2. Second Reading of Ordinance No. 147, 2015, Appropriating Prior Year Reserves in the
General Fund to Reimburse Avago Wireless Technologies (U.S.A.) Manufacturing. Inc. For
Use and Business Personal Property Taxes as Provided in Business Investment Agreements.
(Adopted) ,
This Ordinance, unanimously adopted on First Reading on November 17, 2015, appropriates
$467,663 of prior year reserves from the General Fund for a rebate to Avago Wireless Technologies
(USA) Mfg. for use tax and business personal property tax rebates under two business investment
agreements. The agreements provide business investment assistance to Avago for the expansion
and retrofit of Avago's Building 4 for a wafer fabrication facility in 2012 and for a FBAR clean room
facility in 2013. These two projects created an additional 227 primary jobs in the city.
3. First Reading of Ordinance No. 150, 2015, Appropriating Unanticipated Revenue in the
Recreation Fund for Locker Renovation at Edora Pool Ice Center (EPIC). (Adopted)
The purpose of this item is to introduce an ordinance to appropriate $57,012 for the construction cost
of a locker room at EPIC. The funding for the locker room construction was raised by the CSU club
hockey team. Staff will bring to Council for approval upon second reading of the appropriation
ordinance an intergovernmental agreement (IGA) between the City of Fort Collins and Colorado
State University (CSU) Department of Campus Recreation. The IGA is expected to provide for a
renewable 10-year agreement to provide a dedicated locker room for the hockey team. Because
CSU is funding the improvements, staff has proposed waiving certain maintenance costs for the new
EPIC locker room during the initial term of the IGA. However, it is expected that the University will
continue to pay all standard rental and user fees associated with reservation and use of ice time at
EPIC.
4. First Reading of Ordinance No. 152, 2015, Appropriating Prior Year Reserves in the Street
Oversizing Fund for the Reimbursement of the Construction of Roadway Improvements.
(Adopted)
The purpose of this item is to appropriate $1,250,000 from the Street Oversizing Fund Prior Year
Reserves to cover anticipated reimbursements for the construction by developers of oversized
portions of arterial and collector roadway improvements for 2015.
5. First Reading of Ordinance No. 153, 2015, Adopting the 2016 Classified Employees Pay Plan.
(Adopted)
The purpose of this item is to recommend changes to the City's Classified Employee Pay Plan based
on results of the annual market analysis. The City of Fort Collins utilizes a common compensation
methodology to assess jobs, combine them, into occupational groups and establish pay range
structures. The result of this work is a Classified Employee Pay Plan which sets the minimum,
midpoint and maximum of pay ranges within each occupational group. A detailed analysis of
benchmark data is conducted each year to determine if the market is moving sufficiently to
recommend structure adjustments. Actual employee pay increases are awarded through a separate
administrative process in accordance with the budgeted amount approved by Council.
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December 1, 2015
6. First Reading of Ordinance No. 154, 2015, Adopting the 2015 Larimer County Transportation.
Capital Expansion Fee Schedule. (Adopted)
The purpose of this item is to adopt the 2015 Larimer County Transportation Capital Expansion Fee
Schedule (Regional Road Fee) as determined by the Intergovernmental Agreement with Larimer
County.
7. First Reading of Ordinance No. 155, 2015, Making Various Amendments to the Land Use
Code. (Adopted)
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use
Code that are housekeeping and routine in nature that have been identified since the last update in
July 2015.
8. First Reading of Ordinance No. 156, 2015, Conditionally Vacating Certain Rights -of -Way
Consisting of Portions of Prospect Court and the Alley as Dedicated on G.F. Wiard's.
Additional Plat at Reception No. 231427 of the Larimer County Records and Flinn's
Resubdivision Plat of Lots 11, 12 and 13 in Block 1 of G.F. Wiard's Addition at Reception No.
665972 of the Larimer County Records. (Adopted)
The purpose of this item is to vacate portions of. the alley and Prospect Court in the block south of
Lake Street and north of Prospect Road that are no longer needed.
9. Resolution 2015-104 Approving a Collective Bargaining Agreement with Northern Colorado
Lodge #3 of the Fraternal Order of Police. (Adopted)
The purpose of this item is to approve a collective bargaining agreement between the City and the
Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP) and authorize execution of
such agreement. The City and the FOP, using an Interest Based Bargaining (IBB) approach,
engaged in negotiations regarding the terms and conditions of a possible bargaining agreement for
2016 and 2017. City staff and the FOP have tentatively reached an agreement. On November 23,
2015, bargaining unit members voted to ratify the proposed agreement.
10. Resolution 2015-105, Establishing a Process for the City Council to Appoint an Additional
Commissioner to the Fort Collins Urban Renewal Authority Board when Required by Law.
(Adopted)
The purpose of this item is to provide a resolution for City Council consideration that describes and
adopts the approach to be used by the. Mayor and City Council to appoint an additional
commissioner to the Urban Renewal Authority Board (the."URA Board"), if needed, as a result of the
passage of House Bill 2015-1348. In addition, the Resolution instructs staff to send certified letters to
all eligible taxing entities informing them of their future ability to participate in a process for their
appointment of commissioners to the URA Board.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff stated he will be asking questions of staff relating to how the pay plan
compares to market data prior to Second Reading regarding Item No. 7, First Reading of
Ordinance No. 153, 2015, Adopting the 2016 Classified Employees Pay Plan. Additionally, he
asked what other City employees may also need similar benefits to those received by Police
Officers, per Item No. 11, Resolution 2015-104 Approving a Collective Bargaining Agreement
with Northern Colorado Lodge #3 of the Fraternal Order of Police. He expressed appreciation
for the process as per Item No. 12, Resolution 2015-105 Establishing a Process for the City
Council to Appoint an Additional Commissioner to the Fort Collins Urban Renewal Authority
Board when Required by Law.
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December 1, 2015
• COUNCILMEMBER REPORTS
Councilmember Martinez reported on the Human Relations Commission awards.
Mayor Troxell reported on the Salvation Army Kettle Kick-off.
Councilmember Stephens reported on the World AIDS Day Northern Colorado AIDS Project
breakfast and a tour of Salud Health Clinic.
0 DISCUSSION ITEMS
11. Items Pertaining to the Wood Street Second Annexation and Zoning. (Adopted on First
Reading)
A. Public Hearing and First Reading of Ordinance No. 157, 2015, Annexing Property Known as the
Wood Street Second Annexation to the City of Fort Collins, Colorado.
B. Public Hearing and First Reading of Ordinance No. 158, 2015, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Wood Street
Second Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex and zone a parcel in an enclave at 832 Wood Street. This is a
City -initiated request to annex the 16.267 acre parcel #97023-00-034 at 832 Wood Street into the
City of Fort Collins. The parcel became an enclave with the annexation of the Pateros Creek
subdivision on September 18, 2012. As of September 18, 2015, the City is authorized to initiate and'
annex the enclave in accordance with Colorado Revised Statute 31-12-106.
The Wood Street Second Annexation abuts the City of Fort Collins Utilities building to the north. The
requested zoning for this annexation is the Urban Estate (U-E). zone district. The surrounding
properties are existing residential, office, park, and light industrial land uses in the City of Fort
Collins.
Councilmember Campaaa withdrew from the discussion of this item due to a conflict of interest.
Mayor Troxell opened the public hearing on the item.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 157, 2015, on First Reading.
RESULT:
ORDINANCE NO. 157, 2015 ADOPTED ON FIRST READING [6 TO 01
MOVER:
Gerry Horak, District 6
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
RECUSED:
Campana
Mayor Troxell closed the public hearing on the item.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 158, 2015, on First Reading.
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December 1, 2015
RESULT:
ORDINANCE NO. 158, 2015, ADOPTED ON FIRST READING [6 TO 0)
MOVER:
Gerry Horak, District 6
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
RECUSED:
Campana . '
12. Public Hearing and Resolution 2015-107 Making Legislative Findings and Approving a
Second Substantial Modification of the Midtown Urban Renewal Plan. (Adopted)
The purpose of this item is for City Council to consider two modifications of the Midtown Urban
Renewal Plan (the "Midtown Plan'). One modification amends wording in the Midtown Plan to clarify
that the Plan identifies and describes only one urban renewal project. The other modification will
reduce the Midtown Plan area by removing territory not currently in either of the two,approved tax
increment financing (T/F) districts within the Midtown Plan (Prospect South and Foothills Mall).
Adoption of this Resolution is the final step to enact these two modifications.
Mayor Troxell opened the public hearing on the item.
Josh Birks, Economic Health Director, discussed the history of the Midtown Urban Renewal
Plan and stated this item would exclude that area which is within the Midtown Plan but not
currently within a tax increment district. Staff is recommending this change as a result of a
change by the State Legislature and to insulate existing tax increment areas from changes that
may occur if the City continues to pursue urban renewal elsewhere in the Midtown Plan area.
Eric Sutherland stated it might be worthwhile to' -remove the provision of the plan that allows for
the exercise of eminent domain in order to improve public trust.
Kurt Kunigge stated his business is within the affected area and questioned the meaning of the
term "blight remediation prevention."
Councilmember Campana'requested a staff response to Mr. Kunigge's comments. Birks replied
the intent of the Urban Renewal Plan is to assist in moving forward with blight remediation. He
discussed the characteristics which define blight and stated the fundamental purpose of an Urban
Renewal Plan is to aid in refreshing the area and helping to deliver on the City's Comprehensive
Plan. The power of eminent domain has not been used by the Urban Renewal Authority and
would not be used lightly.
Councilmember Campana stated part of the importance of the Plan is to improve public
infrastructure and encourage private investment in properties. Birks replied that is the intent of
the Urban Renewal Plan and stated there are complimentary.relation ships which can be formed
with private -sector investors.
Councilmember Cunniff stated it is important to leave the eminent domain provision in the Plan
due to potential unforeseen events which may cause public safety risks.
Mayor Troxell closed the public hearing on the item.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2015-107.
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December 1. 2015
RESULT: RESOLUTION 2015-107 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
13. First Reading of Ordinance No. 160, 2015, Amending Section 2-606 of the Code of the City of
Fort Collins and Setting the Compensation of the Municipal Judge. (Adopted on First
Reading)
The purpose of this item is to set the 2016 salary for. the Municipal Judge. Market data and
performance are considered when determining City employee compensation. City Council met in
executive session on November 10, 2015 to conduct the annual performance review of Municipal
Judge, Kathleen Lane. Market data has been provided to Council and the employee. This
Ordinance establishes the 2016 salary of the Municipal Judge.
Janet Miller, Assistant Human. Resources Director, discussed the City's compensation
philosophy and the benchmark data collected for the three direct Council employees.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 160, 2015, on First Reading, to include the amounts of $113,740 and $139,719.
Mayor Pro Tem Horak stated this is a 4% increase and commended the work of the Judge, noting
the Municipal Court runs extremely efficiently.
Councilmembers Campana and Martinez and Mayor Troxell commended the work of Judge
Lane.
RESULT: ORDINANCE NO. 160, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
14. First Reading of Ordinance No. 161, 2015, Amending Section 2-561 of the Code of the City of
Fort Collins and Setting the Compensation of the City Attorney, (Adopted on First Reading)
The purpose of this item is to set the 2016 salary for the City Attorney. Market data and performance
are considered when determining City employee compensation. City Council met in executive
session on November 10, 2015 to conduct the annual performance review of City Attorney, Carrie
Daggett. Market data has been provided to Council and the employee. This Ordinance establishes
the 2016 salary of the City Attorney.
Mayor Pro Tem Horak made a motion, seconded by, to adopt Ordinance No. 161, 2015, on First
Reading, with the inclusion of the amounts of $180,841 and $215,970.
Mayor Pro Tem Horak commended the work of City Attorney Daggett and her management of
the City Attorney's Office.
Councilmember Campana commended the continuous improvement of the City Attorney's
Office and City Attorney Daggett.
Councilmember Martinez and Mayor Troxell commended City Attorney Daggett's work.
Councilmember Stephens thanked City Attorney Daggett for her assistance and work.
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December 1. 2015
RESULT: ORDINANCE NO. 161, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
15. First Reading of Ordinance No. 162, 2015, Amending Section 2-596 of the Code of the City of
Fort Collins and Setting the Compensation of the City Manager. (Adopted on First Reading)
The purpose of this item is to establish the 2016 salary of the City Manager. Market data and
performance are considered when determining City employee compensation. City Council met in
executive session on November 10, 2015 to conduct the annual performance review of City
Manager, Darin Atteberry. Market data has been provided to Council and the City Manager. This
Ordinance establishes the 2016 salary of the City Manager.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 162, 2015, inserting the amounts of $249,736 and $303,260.
Mayor Pro Tem Horak stated this 2% increase isin line with what other City employees are
receiving and commended the work of City Manager Atteberry.
Councilmember Cunniff stated this increase is in line with increases organization -wide; therefore
he will support the motion:
Councilmember Overbeck stated he too would support the motion and commended City
Manager Atteberry's performance.
Councilmembers Campana, Martinez and Stephens commended the work, commitment and
professionalism of the City Manager.
Mayor Troxell commended City Manager Atteberry's support of Council and work in building
and developing the organization.
RESULT: ORDINANCE NO. 162, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
• CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS
16.
(Adopted on
Second Reading)
This Ordinance, unanimously adopted on First Reading on November 17, 2015, 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 1.0% since its last
adjustment and the ENR has not changed significantly enough to warrant an adjustment. These
increases will go into effect on January 1, 2016.
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December 1, 2015
Eric Sutherland stated the City should discontinue collecting expansion fees for the purpose of
funding Poudre Fire Authority and commented on Timnath's lack of financial support for the
Fire Authority.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 148, 2015, on Second Reading.
Councilmember Cunniff agreed with Mr. Sutherland's assessment of Timnath's abuse of tax
increment financing; however, he stated he would support the motion as the services benefit Fort
Collins.
r
RESULT: ORDINANCE NO. 148, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
17. Second Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on
Maxwell Natural Area to the Board of Governors of the Colorado State University System.
(Postponed to December 15, 2015)
This Ordinance unanimously adopted on First Reading on November 17, 2015, authorizes
conveyance of a ten-year renewable easement to Colorado State University on Maxwell Natural
Area that will replace a 99-year lease for access to maintain the Aggie "A" on the Natural Area. The
Natural Areas Department proposed that the City grant a permanent easement to the Board of
Governors of the Colorado State University System (CSU) on Maxwell Natural Area. On First
Reading, Council amended the Ordinance to authorize the City to enter into a ten-year easement
agreement with CSU that will automatically renew for successive ten-year terms, unless either party
elects to terminate the easement after notice to the other party. The easement will also enable CSU
and its students to carry out two other group activities that currently require annual permits from
Natural Areas. CSU's current access typically has minimal impact to the Natural Area and no
additional impacts are anticipated. No other access rights are to be conveyed. Minor edits have
been made to the Ordinance language consistent with Council's amendments on First Reading and
are shown in the Ordinance.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone
Ordinance No. 149, 2015, to December 15. Yeas: Martinez, Stephens, Campana, Troxell,
Horak, Cunniff and Overbeck. Nays: none.
RESULT: ORDINANCE NO. 149, 2015, POSTPONED TO DECEMBER 15, 2015
[UNANIMOUS]
MOVER: Gerry Horak, District 6
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
18. Resolution 2015-106 Making Legislative Findings and Approving a Non -Substantial
Modification of the North College Avenue Urban Renewal Plan. (Adopted)
The purpose of this item is modify wording in the North College Avenue Urban Renewal Plan (the
"Plan') to clarify that the Plan authorizes and describes only one "urban renewal project," as this term
is defined and used in the urban renewal laws.
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December 1, 2015
Eric Sutherland commented on the absurdity of making this change as a result of the new State
Legislation, stating the basic accounting of the Urban Renewal Authority is completely
inconsistent with what state law requires.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2015-106.
Mayor Pro Tem Horak noted the North College Urban Renewal Area and Plan have been very
successful. I
RESULT: RESOLUTION 2015-106 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
• OTHER BUSINESS
Mayor Pro Tern Horak requested staff input regarding possibly extending the closing time of
marijuana businesses to 8:00 PM.
Councilmember Campana discussed the recent increase in development review submittals,
noting there is no limit on the number of complete project submittals per week. He suggested
additional efficiencies could be created by moving to an electronic submittal process.
Councilmembers Cunniff and Martinez supported the movement toward electronic submittals.
City Manager Atteberry stated the intention of development review is to have predictable,
reliable, responsive services, and commented on the City's move toward paperless processes. He
stated he would provide an action plan regarding the process.
Councilmember Campana discussed a missing process regarding moving dirt in the city, stating
stockpile permits only allow piling of dirt rather than processing. Additionally, he noted a
stockpile permit cannot currently be granted while a project is in the development review
process. He requested and received Council support to direct staff to look into the issue.
Councilmember Cunniff discussed possible revisions tothestormwater mitigation code' and a
possible alternative compliance to its requirement for impervious pavers.
• ADJOURNMENT
The meeting adjourned at 7:18 PM.
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