HomeMy WebLinkAboutMINUTES-08/08/2017-SpecialAugust 8, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Special Meeting — 6:00 PM
• PLEDGE OF ALLEGIANCE
• CALL TO ORDER
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann, Coldiron
• AGENDA REVIEW
City Manager Atteberry recommended withdrawal of Item No. 5, First Reading of Ordinance
No. 104, 2017, Appropriating Unanticipated Revenue in the Capital Projects Fund and
Appropriating Prior. Year Reserves in the General Fund for Transfer to the Capital Projects
Fund for Construction of the Final Five Acres of the Gardens on Spring Creek and Transferring
Appropriations to the ,Cultural Services and Facilities Fund for the Art in Public Places
Program, to the August 15, 2017 agenda.
He announced City Clerk Winkelmann will be leaving to take the City Clerk position in Grand
Junction and stated Delynn Coldiron, the current Neighborhood Services Manager, will take the
interim position to be ratified by Resolution at the next Council meeting.
• DISCUSSION ITEMS
Regarding the Same. (Adopted)
The purpose of this item is to consider a resolution to adopt a set of draft comments regarding the
State of Colorado Fish and Wildlife Mitigation and Enhancement Plan (the Plan) for the Northern
Integrated Supply Project (NISP). As early as the turn of the 190 century, the Poudre River was
known as a "hard working" river. Now, well into the 215f century, pressures on the Poudre have
increased dramatically as the region thrives. In the early 1970s Fort Collins realized that the Poudre
had the potential to be more than an industrial zone. Since that time, Fort Collins has invested many
tens of millions of dollars in parks, natural areas, river restoration, flood mitigation, and a riverside
trail. Fort Collins owns about 70% of the floodplain within the city's growth management area. The
Poudre River trail starts west of the City at the CPW Watson Lake facility and with the exception of a
short section yet to be completed near Timnath, runs to Greeley. Throughout the year visitors
throng the River, including boaters, tubers, hikers, bikers, and anglers. According to a 2012 CPW
report, the highest creel counts on the Poudre are in downtown Fort Collins not, as one might expect,
in the upper reaches of the wild and scenic section.
In short, the 10 miles of the Poudre corridor through Fort Collins have become a defining feature of
the community's connection to the outdoors, its culture, and its sense of place.
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In 2015, Fort Collins City Council adopted a position regarding NISP in Resolution 2015-082. The
resolution states that NISP would be harmful to Fort Collins and states "City Council cannot support
NISP as it is currently described and proposed... "
In 2017, Fort Collins City Council adopted Resolution 2017-024 authorizing the City Manager and his
designees to meet on a regular basis with Northern Water to discuss and explore Fort Collins'
interests in order to ascertain whether those interests can be met pursuant to the terms of the
resolution. To date, while several amicable meetings have occurred, Fort Collins and Northern
Water have not reached any new understandings or agreements.
While staffs draft comment letter implicitly assumes that NISP will be permitted and constructed by
recommending various changes to NISP and its operations, nothing in draft comment letter should
be interpreted to be a change of Fort Collins' position regarding NISP.
While the Plan contains new, useful, and encouraging mitigation measures, staff continues to believe
that NISP will have damaging impacts to Fort Collins and is concerned that the Plan does not
sufficiently address a number of key concerns. In addition to describing a number of concerns, the
comment letter also describes numerous recommendations to address the concerns.
The major elements of the proposed comments on the, Plan are:
• Peak Flows
• Water Quality
• Mitigation, Restoration, Channel Improvements, and Conveyance
• Adaptive Management and Long-term Monitoring
• Uncertainties regarding agreements
• Mitigation and Enhancement Costs
• Big game habitat
John Stokes, Natural Areas Director, stated this is an action item intended to review staff s
proposed comments on the State of Colorado's fish and wildlife mitigation enhancement plan for
the Northern Integrated Supply Project (NISP). Stokes discussed the public outreach process
utilized and noted Council has two previously adopted Resolutions still in force regarding NISP.
Stokes stated the project is a water supply and storage project with 15 partners in. the North Front
Range area. The project would involve the construction of Glade Reservoir north of Ted's Place
and water would be delivered through the yet -to -be -constructed Douglas Road Pipeline and
partially in the Poudre River. Stokes stated a genuine effort is being made to address some of the
City's concerns; however, further improvements are warranted.
Jennifer Shanahan,` Natural Areas Department, discussed concerns related to peak flows and the
City's recommendation that Northern Water take the current recommended peak flow program
within the mitigation plan and improve it to consist of a 3-day period during which no diversion
occurs. The second major theme involves the plan recommendations for working on the River
and concerns that the proposal does not match the project impacts. The City is recommending
restoration be increased, specifically of the River's connection to the floodplain. The City is also
waiting for a quantitative analysis of water quality and is recommending the mitigation plan not
be adopted until the results of the water quality analysis are made public.
Shanahan stated the City is recommending an independent stakeholder group be created to
address adaptive management and monitoring. ;
Stokes stated a major element of the suggestions is that the total mitigation budget be increased
by about $18 million.
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Delores Williams discussed the need for a free -flowing river and stated water from a low-level
reservoir can be undrinkable.
Eric Sutherland questioned the binding effect of any adopted plans pursuant to federal approval.
He stated this appears to be a surrender tactic by the City.
Gary Wockner, Save the Poudre, stated his group has been addressing the threats of NISP for 14
years and opposed the proposed City comments. He stated NISP will pull about $1 billion worth
of water out of the Poudre and will undermine the River.
Sarah Pitts, League of Women Voters, stated the Poudre is the defining feature of the.community
and stated it is not reasonable to rely on the mitigation plan proposals as Northern Water has
been vague about the source of funding.
Councilmember Summers requested some clarification regarding whether the Reservoir can only
be filled during years when runoff is excessive enough to divert. Stokes replied the primary
water right being used by NISP is a junior water right and therefore, there may be years where no
diversion can occur. A substantial portion of the water is not associated with the junior water
right and is water that is exchanged from other ditch systems.
Councilmember Summers asked if more regular flows would occur if the Reservoir is
constructed. Stokes replied the proposal is that some of the water diverted into Glade would be
released back to the River and allowed to run for about 12 river miles down to Lemay, then it
would be taken off the River, put in a pipe, and delivered to the east. A base flow would exist
for 8 or 9 months of the year.
Councilmember Summers questioned whether Council would change its opinion if Northern
Water agreed to all City recommendations.
Councilmember Overbeck discussed a letter from the Natural Resources Advisory Board which
suggests delaying the approval of the mitigation plan until water quality effects have been fully
described and Northern Water commits to a specific mitigation initiative. Stokes replied the staff
letter reflects that and includes a suggestion that Colorado Parks and Wildlife not endorse this
plan until the water quality information is available.
Councilmember Overbeck requested details regarding the escalation or inflation cost that will be
included. Stokes replied the Denver region CPI is typically used.
Councilmember Stephens thanked the speakers and asked if there are concerns related to
undrinkable water with this project. Shanahan stated algae has been discussed and the project
falls within the flushing flow and base flow categories. Jill Oropeza, Water Quality Services
Division Manager, stated the issue regarding warm water and algae is primarily a drinking water
concern and the City's drinking sources will not be affected.
Councilmember Stephens asked what is binding and who would be enforcing requirements.
Stokes replied the City's letter addresses uncertainties regarding agreements and the desire for
more ,certainties to be included. Eric Potyondy, City Water Attorney, replied these plans are
frequently included as part of the ultimate permit granted by the federal government, providing
the mechanism by which these plans become legally enforceable.
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August 8, 2017
Councilmember Summers asked who the independent oversight committee would include.
Stokes replied it could be composed of individuals from not only Northern Water and Colorado
Parks and Wildlife, but also scientists from CSU, the City of Fort Collins or other impacted
cities.
Councilmember Summers asked if Northern Water has been found to operate with integrity and
good intent. Stokes replied in the affirmative.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt
Resolution 2017-073.
Councilmember Summers stated the presentation to Colorado Fish and Wildlife will be critical
and must not simply be a list of demands. The City needs to show its commitment to being a
collaborative, productive partner.
Councilmember Cunniff expressed appreciation for the work that has gone into this; however, he
stated staff's comments include too much "couching" language. He stated he does not want to
validate the State's poor process.
Councilmember Stephens stated the City needs to express its concerns and issues.
Councilmember Martinez stated progress only comes through dialogue.
Mayor Troxell supported the Resolution and stated the letter recognizes impacts to Fort Collins
and addresses mitigation of those.
Councilmember Overbeck thanked the League of Women Voters for their work and efforts. He
stated he cannot support the Resolution given there are no certainties.
Mayor Pro Tem Horak stated the decision does not lie with the City; therefore, it makes sense to
send comments. He suggested some wording changes to make the staff comments firmer.
Councilmember Cunniff stated he is partly concerned about the language, but is also concerned
about the process.
Councilmember Stephens, asked about the meeting occurring in Trinidad making it difficult for
community members to attend. Stokes replied meetings are scheduled around the state and this
one happened to be in Trinidad. He stated staff could ask the Commission if it would be willing
to meet in Fort Collins!
Councilmember Overbeck supported the inclusion of stronger language; however, he stated he is
still unlikely to support adoption of the Resolution.
RESULT:
RESOLUTION 2017-073"ADOPTED [4 TO 31
MOVER:
Gerry Horak, District 6
SECONDER:
Kristin Stephens, District 4
AYES:
Martinez, Stephens, Troxell, Horak
NAYS:
Summers, Overbeck, Cunniff
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2. Items Relating to'a Proposed Charter Amendment to Add a New Section to Charter Article XII
Pertaining to Telecommunication Facilities and Services. (Adopted on First Reading)
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 101, 2017, Submitting to a Vote of the Registered Electors of the
City of Fort Collins a Proposed Amendment to Article XII of the City Charter to Add a New
Section 7 Pertaining to Telecommunication Facilities and Services.
The purpose of this item is to propose an amendment to Charter Article XII, Municipal Public Utilities.
The amendment would authorize the City Council to provide, by future ordinance,
telecommunications/broadband facilities and services as a public utility, to issue of up to $150 million
in bonds, the ability to go into executive session to discuss matters related to competition in the
telecommunications industry, and the option to establish governance of this public utility through a
board and/or to delegate rate -making authority to the City Manager. This measure does not mandate
that the City provide municipal retail broadband services, or that a third -party be the provider.
Any protest of the proposed ballot language must be received no later than Monday,' August 7, 2017,
at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of
Ordinance No. 101, 2017. If protest(s) are received, copies will be included. in Council's `Read -
before" packet.
SeonAh Kendall, Economic Health Manager, discussed the strategic objectives broadband
service would address and detailed the history of the topic.
Jeff Mihelich, Deputy City Manager, stated there is clearly a positive economic impact for cities
with 1 gigabit service. Access to broadband will allow Fort Collins to retain talented employees
and increase competition among incumbent servers. Mihelich commented on the reliability and
redundancy of the 1 gigabit service over currently existing service. He stated this item would go
on the November ballot should Council choose to move forward, and if voters pass the item at
that time, additional Council steps, including funding, would occur. The beginning of service
date would be at some point in 2019 with full build -out in 2022.
Mike Beckstead, Chief Financial Officer, discussed the major decisions which are part of the
broadband timeline, specifically indicating a November approval automatically causes this to
move forward. He stated the draft ballot language asks for three things: add telecommunications
to the current light and power electric utility, or create a fifth separate utility, issue securities and
other debt in an amount not to exceed $150 million, and modify the governance to operate in a
commercial enterprise.
Beckstead discussed the allowed role of staff members between now and the November election.
Staff is recommending adoption of the Ordinance to place the item on the ballot.
City Manager Atteberry stated the process has been solid, with thorough public outreach.
Mayor Troxell noted this item has been protested; therefore, a hearing pursuant to City Code
Section 7-156 will occur.
Eric Sutherland, protestor, disagreed this process has been adequate and stated the proposed
charter and ballot language should have been available for public scrutiny two weeks before it
was actually published. He stated the ballot language is inconsistent with state law and the City
Charter.
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Councilmember Martinez expressed concern regarding the availability of the ballot language to
the public. He asked about the normal practice for such an issue. I City Attorney Daggett replied
there is no normal practice from a legal standpoint for providing language in advance of the
agenda publication; however, drafts have been provided in recent years when there is a great deal
of anticipated public interest. In this case, there was a Council work session on July 11 and this
material was provided in that agenda with minor tweaks since.
Councilmember Martinez asked why the executive session expansion is included for this
particular project. City Attorney Daggett replied the executive session language included deals
with the self-contained set of provisions related to this particular service. City Manager
Atteberry noted the executive session proposed changes are tied specifically to broadband
business needs.
Mayor Pro Tem Horak made a -motion, seconded by Councilmember Overbeck, to deny the
protest.
Councilmember Cunniff stated he would support the motion and the executive session being part
of this change has been adequately explained.
Councilmember Martinez stated the executive session aspect should be separate and this practice
appears to be different than best practices have been used in the past.
Mayor Troxell stated he would support the motion and found the protest to be confusing.
Councilmember Martinez asked if the protest relates to the ballot language. Mayor Troxell
replied the spirit of the protest is the ballot language; however, the protestor's comments related
more to how City elections are handled. City Attorney Daggett replied the protest is specifically
about the form of the ballot question and title.
Councilmember Martinez asked if the executive session language is part of what is being
protested. City Attorney Daggett replied the executive session language is part of what is being
proposed.
RESULT: MOTION TO DENY PROTEST ADOPTED [6 TO,11
MOVER: _ Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak, Summers
NAYS: Martinez,
Bob ,Carnahan expressed concern about telecommunications services being provided by the City.
He opposed using City funds or City bonding capacity to enter a highly competitive private
industry.
Joe Rowan stated this process, though long, has not been honest. He stated the business plan has
yet to be fully vetted. '
Glen Akins stated the financial aspects of this proposal work and the business pricing is
competitive.
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Page 515
August 8, 2017
Sarah Hunt expressed concern regarding the cost of the proposal and stated there is not enough
information for voters to make an informed decision. She questioned privacy issues as well.
Adam Eggleston supported the Ordinance and being on the forefront of this technology.
Dan Rhodes stated broadband will change the architecture of Fort Collins and supported placing
the measure on the ballot.
Colin Garfield supported placing the measure on the ballot.
Eric Sutherland stated a broadband utility could still be created even if voters reject the measure.
L
He stated the City should have initiated this measure years ago.
Thomas Edwards supported a unanimous Council vote on placing the measure on the ballot.
Councilmember Overbeck requested staff comments on privacy and consumer protection.
Beckstead replied information was added to the business plan that details the commitment to
maintain privacy, not share data, and maintain net neutrality.
Councilmember Overbeck asked about buy -in from utilities staff. City Manager Atteberry
replied new staff would be required and he has not heard any negative comments from staff.
Councilmember Overbeck asked how equity and inclusion will be addressed. Beckstead stated a
low-income rate is being contemplated; however, specific equity and inclusion plans have not
been discussed.
Councilmember Martinez asked if Council will still need to approve future decisions should the
ballot measure be approved. City Attorney Daggett replied the Charter language gives Council
the power to take action in the future without further citizen vote and would authorize Council to
make decisions about the governance structure.
Councilmember Martinez asked when a low-income pricing model will be developed.
Beckstead replied that has yet to be done primarily because, while it is important for the
community, it will not have a material financial impact on the decision.
Kendall stated preliminary discussions have occurred with Poudre School District and the library
regarding a low-income rate tier.
Councilmember Martinez asked what percentage of Fort Collins residents currently have
broadband service. Kendall replied broadband, through the City's definition, is 10 mbps and up,
and approximately 92% of households have that service.
Councilmember Martinez asked if an analysis of potentially filling a gap rather than creating an
entire new service has been considered. Beckstead replied filling the 8% market gap is not
something the City has considered.
Councilmember Martinez asked if broadband would be a separate utility enterprise. Beckstead
replied Council will make the choice to either place it in Light and Power or create a fifth utility.
The staff recommendation is to place it within Light and Power.
Councilmember Martinez asked if this could be eventually added to capital expansion fees.
Beckstead replied Light and Power has a plant improvement fee and there is a potential for a
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August 8; 2017
broadband public improvement fee that supports development into annexed areas; however, that
would be decided by Council. City Manager Atteberry stated that option has never been
discussed and is not foreseen. City Attorney Daggett stated the possibility of a fee would depend
on what infrastructure is being addressed through said fee. Any fee would be subject to a
Council decision. i
Councilmember Martinez asked if there is an additional connection cost for individuals wishing
to receive a City broadband service. Beckstead replied he believes the connection fee is included
in the cost of service for residential customers.
Councilmember Martinez asked if prices would eventually increase for customers. Beckstead
replied there will likely be some inflation in pricing as costs begin to change over time.
Councilmember Martinez asked if existing fiber can be utilized. City Manager Atteberry replied
that is possible to some extent; however, that will not solve all issues.
Councilmember Martinez asked how Chattanooga, is measuring the success of its broadband
utility. Coleman King, Chattanooga, Tennessee utilities, replied success is being measured by
the projected take rate being exceeded, telecommunications debt being totally paid off, positive
community impact, and the savings and electric reliability for the electric system.
Councilmember Martinez asked if Chattanooga looked at partnerships with other providers.
King replied in the affirmative and stated a third -party partnership was risky given the customer
experience cannot be controlled.
Councilmember Overbeck asked where King began in the process in Chattanooga. King replied
he started with the financial modeling, followed by network design and technology selection,
managing implementation of the technology, and running the video platform.
Councilmember Overbeck asked how far along the build -out is in Chattanooga. King replied
build out was completed in 2.5 years.
Mayor Troxell asked how Chattanooga has addressed security and privacy concerns. King
replied privacy is considered of utmost importance and data is not sold.
Mayor Troxell requested input regarding technology obsolescence. King replied upgrades are
made to the end components rather than to the fiber network itself.
Councilmember Summers asked if the financial aspects will make the $150 million debt payable
in 15 years. Beckstead replied the math works based on the operating income, principal and
interest payments, and the cash flow model.
Councilmember Summers stated clarity provides, credibility and suggested the public would be
better served by having a specific plan to consider at the polls.
Mayor Pro Tem Horak made a motion, 'seconded by Councilmember Overbeck, to adopt
Ordinance No. 101, 2017, on First Reading.
Councilmember Martinez asked about Li-Fi. King replied Li-Fi is Wi-Fi using light and is
geared toward LEDs. It is a new service, but not a symmetrical type service; therefore the take
rate is probably questionable.
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Councilmember Cunniff asked if Li-Fi works through buildings and other obstructions. King
replied in the negative.
Councilmember Martinez asked about Comcast offering a $70 rate. Beckstead replied
competitive pricing is an evolving target.
Councilmember Martinez noted Chattanooga got $100 million from the federal government.
Beckstead replied their total cost was $330 million with $110 million from federal grants. Most
of that $110 million went toward installing automatic interrupters into their light and power
system to improve reliability.
Councilmember Cunniff discussed the importance of good public outreach given there are
several questions remaining. He stated city -style infrastructure is needed, which entails fiber
optic connections. He supported the motion and requested the support of citizens.
Mayor Pro Tem Horak supported placing the measure on the ballot.
Councilmember Stephens supported placing the measure on the ballot and discussed the
applications for broadband.
Councilmember Overbeck commended the rigorous, honest process and stated he would support
the motion.
Councilmember Martinez stated citizens have the right to vote on issues; however, he stated he
may not support the Ordinance on First Reading as he has remaining questions. He questioned
spending $150 million for a 28% take rate and expressed concern that threats outweigh
opportunities.
Councilmember Summers supported engaging the community and moving forward with the
technology; however, he questioned the business plan and its execution.
Mayor Troxell thanked the speakers and discussed'the history of the utilities in Fort Collins. He
stated this is a natural progression and a ubiquitous utility which is an important piece of the
community's future.
Mayor Pro Tem Horak stated this is not necessarily the last time citizens will vote on this item.
Councilmember Martinez stated that take makes the issue more palatable.
Councilmember Summers disagreed and stated it makes things more confusing.
RESULT:
ORDINANCE NO. 101, 2017 ADOPTED ON FIRST READING [5 TO 21
MOVER:
Gerry Horak, District 6
SECONDER:
Bob Overbeck, District 1
AYES:
Stephens, Overbeck, Troxell, Cunniff, Horak
NAYS:
Martinez, Summers
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
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3. Items Relating to a Proposed Charter Amendment Regarding Municipal Court Functions.
(Postponed Indefinitely)
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 102, 2017, Submitting to a Vote of the Electors of the City of Fort
Collins a Proposed Amendment to Section 1 of Article VIl of the City Charter Pertaining to the
Jurisdiction of the Municipal Court to Hear Civil Cases.
This item sets a ballot question that would modify the jurisdiction of Municipal Court to eliminate the
Municipal Court's jurisdiction over civil cases while retaining the Court's jurisdiction to hear and try all
proceedings initiated by the City alleging violations of the Charter and ordinances of the City. The
Ordinance submits the question to Fort Collins voters at the November 7, 2017, Special Municipal
Election. The Charter Amendment has been proposed in order to prevent future appeals to
Municipal Court of civil actions that are more appropriately heard in Larimer County District Court
and that the Municipal Court is not well situated to hear.
Any protest of the proposed ballot language must be received no later than Monday, August 7, 2017,
at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of
Ordinance No. 102, 2017. If protest(s) are received, copies will be included in Council's "Read -
before" packet.
Mayor Troxell stated this item involves a protest.
City Attorney Daggett stated Home Rule municipalities have the authority to create Municipal
Courts and define their jurisdiction. The kinds of civil actions not involving charter or ordinance
violations can currently be filed in Municipal Court; however, those have routinely been filed in
District Court. Recently a land use decision appealed to Council was filed in Municipal Court.
Municipal Court Judge Kathleen Lane stated the Court's procedures and staffing are set up to
deal with the types of cases it has traditionally seen: violations of the City Code, Traffic Code,
and other codes. When this recent civil action was filed, she made the determination to assign
the case to temporary Judge Teresa Ablao. The plaintiffs in the case filed a motion to disqualify
Judge Ablao which was granted based on the potential appearance of a conflict. At that point,
the Judge in Loveland was asked to take the case based on an intergovernmental agreement.
Because of these difficulties, staff is proposing a change to the Charter to restrict the jurisdiction
of the Municipal Court to its typical cases.
City Attorney Daggett noted Larimer County District Court has jurisdiction to review actions
and decisions of the City. Municipal Court cases can be appealed to the District Court; however,
the addition of that layer does delay a case reaching a true appellate court by potentially several
months. She discussed the public outreach process.
Eric Sutherland stated this change would place Fort Collins in the same position as statutory
cities in Colorado, and if that is the goal, Article 7 should be eliminated entirely.
Mayor Pro Tern. Horak made a motion, seconded by Councilmember Overbeck, to deny the
protest.
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August 8, 2017
RESULT:
MOTION TO DENY PROTEST ADOPTED [7-0]
MOVER:
Gerry Horak, District 6
SECONDER:
Bob Overbeck, District 1
AYES:
Stephens, Overbeck, Troxell, Cunniff, Horak, Summers, Martinez'
Rick Hoffman questioned why this change is being rushed forward and stated this amendment
will take away citizens' rights to take grievances to Municipal Court.
Kathryn Dubiel stated the Charter change does not address the underlying concerns related to
conflicts of interest, staffing, expertise and budgeting. She stated there should, not be a
difference between citizen plaintiffs and the City as a plaintiff and disagreed the public outreach
process was adequate. I
Paul Patterson opposed the Charter change and stated it will take away citizens' rights to take.
grievances to Municipal Court. He disagreed the public outreach process was adequate.
Eric Sutherland stated there is no concurrent jurisdiction for cases where an allegation of abuse
of discretion by Council is concerned.
Thomas Edwards supported placing the measure on the ballot to allow citizens to have a voice.
Coleen Hoffman questioned the urgency of this item.
Councilmember Cunniff asked how ,the public outreach arenas were determined. City Manager
Atteberry replied he would need to return with that information.
Councilmember Cunniff expressed concern regarding the urgency of this item and opposed the
public outreach process.
City Attorney Daggett stated staff did discuss the issue with Broomfield, Denver, Aurora, and
several other jurisdictions. Few descriptive responses were received as these jurisdictions are not
facing these types of cases being filed in their courts.
Mayor Pro Tenn Horak made a motion, seconded by Councilmember Cunniff, to postpone
Ordinance No. 102, 2017 indefinitely.
Councilmember Stephens agreed the process was rushed and stated citizens need to better
understand why they are voting.
Councilmember Overbeck stated a more thorough public process should have occurred.
RESULT: ORDINANCE NO. 102, 2017, POSTPONED INDEFINITELY [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
City of Fort Collins Poge 520
August 8, 2017
4. First Reading of Ordinance No. 103, 2017, Appropriating Prior Year Reserves in the General
Fund for the Conduct of a Special Election on November 7, 2017, that was not included in the
2017 Adopted City Budget. (Adopted on First Reading)
The purpose of this item is to appropriate $150,000 from prior year reserves for the conduct of the
November 7, 2017, Special Election. This is an estimated amount based on prior participation in
coordinated elections. Final costs will be determined by the number of eligible Fort Collins voters,
and the number of entities participating/sharing in the cost of the election.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 103, 2017, on First Reading.
RESULT:
ADOPTED ON FIRST READINd [UNANIMOUS] ;
MOVER:
Gerry Horak, District 6
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
5. First Readina of Ordinance No. 104. 2017. ADDropriatinq Unanticipated Revenue in the Capital
Projects Fund and Appropriating Prior Year Reserves in the General Fund for Transfer to the
Capital Projects Fund for Construction of the Final Five Acres of the Gardens on Spring
Creek and Transferrina ADDrooriations to the Cultural Services and Facilities Fund for the Art
in Public Places Program. (Withdrawn)
The purpose of this item is to appropriate $2,631,000 for construction of the Gardens on Spring
Creek facility including the Great Lawn, Undaunted Garden, Foothills and Prairie Gardens. This item
also appropriates the funds needed for the Arts in. Public Places artwork that is part of the capital
project.
RESULT: WITHDRAWN
6. First Reading of Ordinance No. 105, 2017, Imposing a Moratorium Until December 31, 2017,
upon the Acceptance of Applications for the Installation of and/or the Issuance of Right -of -
Way Permits for New Antennas, Small Cell Facilities, Towers and Wireless Service facilities
by any Third Party in City Rights -of -Way in any Zone District. (Withdrawn)
The purpose of this item is to consider a moratorium until December 31, 2017, on the installation of
cellular facilities in public rights -of -way. This would allow the City time to draft and implement
appropriate regulations on such installations while still complying with HB 17-1193, which expanded
the right of companies to utilize the right of way for small cell installations.
Mayor Troxell stated this item has been postponed to August 15, 2017 given the late hour.
RESULT: WITHDRAWN
N
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August 8, 2017
• ADJOURNMENT
The meeting adjourned at 10:06 PM.
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City of Fort Collins Page 522