HomeMy WebLinkAboutMINUTES-01/17/2017-RegularJanuary 17, 2017
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, Knoll
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 9, Public Hearing and First Reading of Ordinance No.
011. 2017, Authorizing the Execution of an Amended and Restated Conservation Easement with
Colorado Open Lands on the Kingfisher and Nix Natural Areas, Including Conveyance of a
Conservation Easement on Additional Lands, includes a public hearing. A revised resolution foe
Item No. 13, Resolution 2017-008 Making Appointments to Various Boards and Commissions of
the City of Fort Collins, has been provided to Council and the scheduled staff report has been
withdrawn from the agenda.
Mayor Troxell opened the public hearing for Item No. 9, Public Hearing and First Reading of
Ordinance No. 011. 2017, Authorizing the Execution of an Amended and Restated Conservation
Easement with Colorado Open Lands on the Kingfisher and Nix Natural Areas, Including
Conveyance of a Conservation Easement on Additional Lands.
• CITIZEN PARTICIPATION J
Mary Kopco; Fort Collins Symphony Executive Director, announced the Youth Education Series
concert for Poudre School District students.
Wes Kenny, Fort Collins Symphony Music Director, discussed the narrator of the Youth
Education Series, Greg Smith.
Daniel Watt, Fort Collins Symphony, played a trombone piece.
Jana Newman announced the Women's March on Denver and thanked Mayor Troxell for
sending the letter to President -Elect Trump regarding the City's efforts regarding climate change.
Eric Levine discussed the Climate Action Plan and opposed its rebranding.
Eric Sutherland stated the integrity of elected leaders is poor and discussed the Keep Fort Collins
Great sales tax.
Dylan Lindsey discussed snow and ice buildup on Silvergate Road between Harmony and
Seneca.
Mike Pruznick opposed the use of tax increment financing for the Lyric Cinema Theater.
Keith Gilmartin discussed an easement he owns on Vine Drive which has been used as a right-
of-way for Poudre Fire Authority.
City of Fort Collins Page 214,
January 17, 2017
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Stephens thanked Dylan for speaking and stated she will look into the snow
issue on Silvergate. She thanked Ms. Newman for her comments and thanked the Symphony
speakers and performer.
Mayor Troxell thanked the speakers for their comments.
Councilmember Martinez stated he has been in contact with Mr. Gilmartin and requested staff
input regarding the issue. City Attorney Daggett replied the City Manager entered into an
intergovernmental agreement with Poudre Fire Authority (PFA) outlining certain responsibilities
PFA will take on in terms of managing the use of the access easement. Mr. Gilmartin was a
party to the original granting of the access easement.
• CONSENT CALENDAR
Eric Sutherland withdrew Item Nos. 2, Items Relating to the Submission of Charter Amendments
to a Vote of the Registered Electors of the City at the April 4, 2017, Regular Municipal Election,
and 7, First Reading of Ordinance No. 009, 2017, Appropriating Prior Year Reserves in the
Storm Drainage Fund to Pay 2017 Fees for the City. of Fort Collins Areas within the Boxelder
Basin Regional Stormwater Authority, from the Consent Agenda.
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
2.
Consideration and Approval of the Minutes of the December 20, 2016 Regular Council_
Meeting. (Adopted)
The purpose of this item is to approve the minutes of the December 20, 2016 Regular Council
meeting. f
Fort Collins to Amend Requirements and Procedures for City Elections.
This Ordinance, unanimously adopted on First Reading' on January 3, 2017, adopts changes to
Chapter 7 of the City Code as recommended by the ad hoc Council Committee and the City Clerk.
3. First Reading of Ordinance No. 006, 2017, Appropriating Unanticipated Grant Revenue in the
General Fund for the Fort Collins Police Services Victim Services Unit. (Adopted)
The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services for victim
advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family
members. The Fort Collins Police Services Victim Services Unit has been awarded a 12-month
grant in the amount of $48,000 for the period from January 1, 2017 to December 31, 2017, by the
Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services
provided by this team. These funds will be used for part of the salary for the victim advocate who
provides crisis intervention services during weekday hours and is housed in the Victim Services
City of Fort Collins Page 215
January 17, 2017
office. A part-time victim advocate will be hired from this grant to help with the growing demand our
unit is facing. These funds will also pay for a portion of,the operational expenses needed to provide
24-hour a day, 7-day a week services to victims of crime in the community.
4. First Reading of Ordinance No. 007, 2017. Appropriating Unanticipated Grant Revenue in the
General Fund for the Encore Fellowship Program. (Adopted)
61
The purpose of this item is to appropriate $25,000 of unanticipated grant revenues to the General
Fund from the Encore 'Fellowship Program to the City of Fort Collins. Encore implements an
innovative social purpose workplace initiative designed to utilize experienced and talented corporate
employees in the non-profit sector. The Encore Fellowship Program will provide the City with 1,000
hours of paid hourly staff time in 2017 to support the City's Indoor Air Quality initiatives, including the
Healthy Homes program. Indoor air quality is one of the four "High Priority' pollutants as identified in
the City's 2011 Air Quality Plan.
Operating Budget. (Adopted)
The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the
Environmental Services Radon Program and transfer existing and unexpended appropriated funds
from the Environmental Services 2017 operating budget to the Radon Grant project. This Ordinance
appropriates $7,960 of unanticipated grant revenues in the General Fund. The Colorado
Department of Public Health and Environment granted these funds to the City for a program to
encourage radon testing and mitigation through media advertising and low-cost test kit sales. The
grant directly supports radon activities identified in the Environmental Services Department's core
budget offer. The grant requires a local match of $5,307. Matching funds are appropriated and
unexpended in the 2017 Environmental Services operating budget and will be transferred to the
Environmental Services Radon Program.
6. First Readinq of Ordinance No. 019, 2017, Adopting the 2017 Amended Classified Employees
Pay Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement
with the Fraternal Order of Police. (Adopted)
The purpose of this item is to recommend changes to the City's Classified Employee Pay Plan based
on a market analysis conducted as agreed -upon through the 2016-2017 Collective Bargaining
Agreement with the Northern Colorado Lodge #3 of the Fraternal Order of Police (FOP). This
agreement was approved by Council by Resolution 2015-104, on December 1, 2015. Although
ratified in 2015, the bargaining agreement specifies a salary data collection method and evaluation
process that included the postponement of,final data collection and analysis until January 2017 when
additional benchmark data became available. This data has been collected and analyzed, resulting
in the revised 2017 Classified Employee Pay Plan.
7. Public Hearing and First Reading of Ordinance No. 011. 2017, Authorizing the Execution of an
Amended and Restated Conservation Easement with Colorado Open Lands on the Kingfisher
and Nix Natural Areas, Including Conveyance of a Conservation Easement on Additional
Lands. (Adopted)
The purpose of this item is to authorize the execution of the amended and restated Nix Natural Area
Conservation Easement, which is being renamed the Kingfisher Natural Area Conservation
Easement. The amended and restated conservation easement offers a conveyance of a
conservation easement on an additional 46.13 acres to Colorado Open Lands to mitigate the
building envelope on an additional 6.12 acres to allow for the future expansion of the Nix Farm
Natural Areas Facility.
City of Fort Collins Page 216
January 17, 2017
8. Items Relating to Cathy Fromme Prairie Natural Area Encroachments. (Adopted)
A. First Reading of Ordinance No. 012, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Steven Jones.
B. First Reading of Ordinance No. 013, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Frank and Lorenda Volker.
C. First Reading of Ordinance No. 014, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Dane and Lynn Brandt.
D. First Reading of Ordinance No. 015, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Barbara and Thomas Cynkar.
E. First Reading of Ordinance No. 016, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Steven Huval.
F. First Reading of Ordinance No. 017, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Robert and Yukari Samuel.
G. First Reading of Ordinance No. 018, 2017, Authorizing the Conveyance of a Portion of City -
Owned Property at Cathy Fromme Prairie Natural Area to Stephanie Yang and Scott LaVolette.
The purpose of this item is to review and recommend the sale of seven small parcels of Cathy
Fromme Prairie Natural Area Land, a total of 0.31 acres, to seven residents of the Fox Hills
Subdivision to resolve long-standing and significant encroachments.
9. Resolution 2017-006 Statina the Intent of the Citv of Fort Collins to Annex Certain Property
(Adopted)
This is a City -initiated request to annex the 5.684-acre enclave at 5830 South Timberline Road into
the City of Fort Collins. The parcel became an enclave with the annexation of the Mail Creek
Crossing Annexation on January 7, 2014. As of January 7, 2017, the City is authorized to annex the
enclave by ordinance in accordance with Colorado Revised Statutes § 31-12-106. The Lehman -
Timberline Annexation is located in southeast Fort Collins. The parcel abuts the Mail Creek Ditch to
the north, South Timberline Road to the west and Bacon Elementary to the south. The requested
zoning for this annexation is the Low Density Mixed -Use (LMN) zone district, which complies with the
City of Fort Collins Structure Plan. The surrounding properties are existing residential; education
(Bacon Elementary), and agriculture land uses in the City of Fort Collins.
10. Resolution 2017-007 Statina the Intent of the Citv of Fort Collins to Annex Certain Prooert
and Initiating Enclave Annexation Proceedinqs for Such Proaerty to be Known as the Mail
Creek Crossing Second Annexation. (Adopted)
This is a City -initiated request to annex a 42.37-acre enclave consisting of 11 parcels into the City of
Fort Collins. The parcels became an enclave with the annexation of the Mail Creek Crossing
Annexation on January 7, 2014. As of January 7, 2017, the City is authorized to annex the enclave
by ordinance in accordance with Colorado Revised Statutes § 31-12-106. The Mail Creek Crossing
Second Annexation is located in southeast Fort Collins, abuts the east side of South Timberline
Road and is bisected by Kechter Road. The requested zoning for this annexation is the Urban Estate
(UE) zone district, which complies with the City of Fort Collins Structure Plan. The surrounding
properties are existing residential, education (Bacon Elementary), and agriculture land uses.
City of Fort Collins Page 217
January 17, 2017
11. Resolution 2017-008 Making Appointments to Various Boards' and Commissions 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 vacancies to be
created upon the expiration of terms of current members. Applications were solicited from October .
through December. Council teams interviewed applicants in January. This Resolution appoints
individuals to fill current vacancies and expiring terms.
• END CONSENT
Mayor Troxell closed the public hearing .for Item No. 9, Public Hearing and First Reading of
Ordinance No. 011. 2017, Authorizing the Execution of an Amended and Restated Conservation
Easement with Colorado Open Lands on the Kingfisher and Nix Natural Areas, Including
Conveyance of a Conservation Easement on Additional Lands.
• COUNCILMEMBER REPORTS
Councilmember Campana attended the first summit for the "It's On Us" campaign at the White
House. He showed a video of Coyote Ridge Natural Area.
Councilmember Overbeck reported on upcoming public open houses for CSU game day events
and noted the Stadium Advisory Group will be meeting on January 23`d regarding the use of the
Good Neighbor funds.
Mayor Pro Tern Horak provided an update on I-25 work.
Councilmember Stephens reported on the Martin Luther King, Jr. Day celebration.
• CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS
• DISCUSSION ITEMS
12. Resolution 2017-005 Expressing Support for the Mayors National Climate Action Agenda's
Open Letter to President -Elect Donald Trump on Climate Action. (Adopted)
The purpose of this item is to consider a resolution endorsing and supporting the Mayors National
Climate Action Agenda (MNCAA) open letter to President-elect Donald Trump on climate action.
As the letter makes reference to the Paris Agreement, which the Council had not reviewed, this
resolution was postponed from the January 3, 2017 meeting. This postponement will allow for the
Legislative Review Committee to meet on January 13, 2017, to evaluate the alignment between the
Paris Agreement and the City's Legislative Policy Agenda and Strategic Plan and provide feedback
to Council accordingly.
Michelle Betzel commended the staff review of the Paris Climate Agreement and stated it
reinforced the synergy between Fort Collins efforts and the global discussion regarding climate
change. She supported the Resolution.
Kevin Cross, Fort Collins Sustainability Group, stated the Climate Mayors' letter is not a
partisan effort and discussed the importance of addressing climate change. He supported the
Resolution.
City of Fort Collins Page 218
January 17, 2017
Kevin Henry commended the staff members who analyzed the Paris Climate Agreement and
stated no major misalignment was found between the legislative policy agenda and that
Agreement. He supported the Resolution.
Jana Newman supported the Resolution.
Tom Hoehn supported the Resolution.
Mike Pruznick stated the community as a whole supports climate action and questioned why it
has taken Council so long to adopt the Resolution.
Eric Levine supported the Resolution
Ted Walker, Sierra Club Poudre Canyon, supported the Resolution.
Rachel Pries supported the Resolution and discussed the population represented by the other
signing cities.
Rose Lew supported the Resolution.
Doug Henderson, 350 Group, supported the Resolution.
LeRoy Poff supported the Resolution.
Maggie (no last name given) supported the Resolution.
Elizabeth Hudetz supported the Resolution.
Andrew Bondi supported the Resolution and noted no speakers tonight or during other meetings
have opposed it.
Cheryl Distaso, Fort Collins Community Action Network and Fort Collins Sustainability Group,
supported the Resolution.
Councilmember Campana reported on the Legislative Review Committee (LRC) meeting during
which the Climate Mayors' letter was reviewed and not recommended for a signature by a 2-1
vote. of the Committee. Staff and four community members conducted a thorough review on the
alignment of the Paris Climate Agreement with the City's legislative policy agenda and the
Committee reviewed that report. While nothing was found in the report that the Agreement and
the City's legislative policy agenda are directly in conflict, the Committee chose to unanimously
take a position of "monitor," which would mean the letter would not be signed, nor would it be
opposed.
Councilmember Cunniff stated that while the Legislative Review Committee took the monitor
position, it would be reasonable for Council to support signing the letter, as the Paris Agreement
is more of an aspirational plan. He commended the deep dive on the Paris Agreement.
Councilmember Campana agreed the review of the Paris Agreement was positive.
City of Fort Collins Page 219
January 17, 2017
Councilmember Stephens asked if the "monitor" position is in regard to the letter or just the Paris
Agreement. Councilmember Cunniff replied it is for the Paris Agreement.
Councilmember Cunniff thanked the speakers and discussed the importance of signing on to the
letter prior to the inauguration.
Councilmember Stephens made a motion, seconded by Councilmember. Overbeck, to adopt
Resolution 2017-005.
Councilmember Stephens commended the process and discussed the large number of citizens in.
favor of signing the letter. She stated the letter is not partisan and reflects the values of the
community.
Councilmember Martinez discussed the Paris Agreement and stated it was signed by executive
order of President Obama. He questioned the need for Fort Collins to sign a second letter to the
president elect and noted only 62 of 19,000+ mayors have signed the letter. He stated Council
has received a letter opposed to signing the Climate Mayors' letter from the Chamber of
Commerce.
Councilmember Campana stated making generalized statements regarding partisan issues on an
issue facing Council is inappropriate. He stated he would not support signing the letter, but he
does support the City's climate goals and the initial letter sent to the President -Elect.
Councilmember Stephens stated this has gone through a process and encouraged
Councilmembers to look at the language in the letter which she feels is conciliatory. Not signing
the letter could show the City does not have as much pride at it ought to in the climate program it
has enacted.
Councilmember Overbeck agreed with Councilmember Stephens.
Councilmember Campana asked when the LRC last took a position of "monitor" and still sent a
letter of support.
Councilmember Cunniff replied the LRC has not previously been' asked to contemplate
something which is not legislation. He does not believe this is inconsistent because the letter is
asking the administration to work with Congress and find ways to join the global community in
honoring the Paris Agreement, which is not prescriptive.
Councilmember Campana stated the accepted process of Council is not being followed with the
motion that has been made.
Councilmember Cunniff stated the process is being followed; however, Councilmember
Campana's interpretation of the LRC recommendation is not being followed.
Mayor Troxell expressed appreciation for the time ,taken to look at this issue. He stated he will
support the motion given the deliberative process occurred.
City of Fort Collins Page 220
January 17, 2017
RESULT:
RESOLUTION 2017-005 ADOPTED [5 TO 21
MOVER:
Kristin Stephens, District 4
SECONDER:
Bob Overbeck, District 1
AYES:
Stephens, Overbeck, Troxell, Cunniff, Horak
NAYS:
Martinez, Campana
I
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
13. First Reading of Ordinance No. 020, 2017, Authorizinq the Conveyance of a Portion of City -
Owned Property at Running Deer Natural Area to Fence Post Properties, LLC. (Postponed
until such time as staff can complete work to explore other options)
The purpose of this item is for City Council to consider the proposed sale of approximately 11.85
acres of land to Fence Post Properties, LLC, (Roger Hageman, Hageman Earth Cycle (HEC)). About
seven months ago, the City Manager's Office inquired about the possibility of selling approximately
15 acres of land to HEC. The land was purchased by the City's Natural Areas Department eighteen
years ago, along with additional land for Running Deer Natural Area. Prior to the City's purchase,
the 15 acres was leased by HEC for the operation of a yard waste%rganic material recycling
business. The land has continued to be leased to HEC and the current lease will expire in 2017.
The proposed sale area has been reduced to 11.85 acres after exclusion of a wetland and boundary
adjustments. '
John Stokes, Natural Resources Director, discussed the property in question on Easti Prospect.
Hageman Earth Cycle is currently leasing 15 acres of the Running Deer Natural Area from the .
City. The City has never occupied this particular acreage as Hageman's has been in business
longer than the City has owned the property. This item would authorize the sale of 11.8 acres of
the 15 acres to Hageman's. Both the Land Conservation Stewardship Board and Natural
Resources Advisory Board are opposed to the sale primarily because of the precedent it might
set. However, staff is recommending the sale given the City has never occupied the property and
Hageman's business is in line with the City's recycling goals. The land would be deed restricted
in terms of use and no permanent structures can be built on the property. The City will also
maintain a buy-back provision.
Marsha Patton -Mallory, Land Conservation and Stewardship Board Vice -Chair, stated the Board
is unanimously opposed to the sale and suggested a possible long-term lease as an alternative.
Trudy Haines opposed the sale and suggested continuing with the lease.
Vicky McLane opposed the sale.
Ray Watts discussed the ecological value of the property and opposed the sale.
Paul Stutheit opposed the sale, citing the possibility of setting a precedent.
Oliver Richardson stated this sale is insignificant given the total land area owned by the City in
Natural Areas.
Bill Jenkins opposed the sale citing the possibility of setting a precedent.
Ed Reifsnyder commended the service provided by Hageman's but opposed the sale. He
suggested the continuation of the lease.
City of Fort Collins Page 221
January 17, 2017
Mike Pruznick supported the continuation of the lease and expressed concern regarding some of
the details of the proposed sale.
Bob Viscount discussed the various purchases and land transfers made by Hageman's and
opposed the sale.
Peggy Hageman discussed her business' commitment to .the Fort Collins community and stated
the land sale is vital to its continued operation.
Doug Evans supported the land sale.
Dan McGuire supported the land sale.
Brad Kennedy opposed the land sale and expressed concern the appraised land value may not be
accurate. He asked if the City receives any discount for utilizing Hageman's service.
Gina Janett opposed the land sale and stated the highest and best use of the land is as a Natural
Area.
Ron Nebelsick supported the land sale.
Dallas Hageman supported the land sale.
Cordelia Stone opposed the land sale.
David Tweedale opposed the land sale.
Mery See supported the land sale and commended the business.
David Roy opposed the land sale despite the business being a valuable asset to the city.
Brad Florin supported the land sale and stated the business reduces vehicle miles travelled for
thousands of residents.
Donna Walter supported the land sale and commended the business.
Elizabeth Hudetz opposed the land sale and suggested continuing the lease.
Ken Summers supported the land sale as being a public -private partnership.
Roger Hageman supported the land sale and stated a long-term lease is not likely in his plan.
Councilmember Cunniff asked if annual reviews were conducted as per the 2008 resolution.
Stokes replied compliance reviews dealing with water quality were conducted and are being
compiled.
Councilmember Cunniff asked if the City received a 'discounted rate at Hageman's. • Stokes
replied in the negative.
Councilmember Martinez asked if there are other providers of similar services. Stokes replied in
the negative.
Councilmember Martinez asked what would occur should the business leave the area. Stokes
City of Fort Collins Page 222
January 1.7, 2017
replied he was unsure; however, Hageman's processes about 20,000 tons of material per year.
Councilmember Martinez asked if this sale would work toward the City's climate goals. Stokes
replied in the affirmative.
Councilmember Martinez noted the importance of the buy-back clause and asked if there is any
potential for the land to be damaged based on its current use. Stokes replied in the negative and
-stated the City would require the parcel to be cleaned up prior to repurchasing iC
Councilmember Overbeck asked if the soil condition has been analyzed on the property. Stokes
replied there are monitoring wells for water quality on the site and no problematic components
have been found. 1
Councilmember Overbeck asked if the price of the buy-back would be affected should any
negative soil conditions be found. Stokes replied that would be a possibility.
Councilmember Overbeck asked how the $255,000 value was determined. Mark Sears, Natural
Areas Manager, replied the property was appraised with the deed restriction in mind.
Councilmember Overbeck asked why multiple appraisals were not;requested. Sears replied one
appraiser is typically used and Real Estate staff evaluate the report.
Councilmember Overbeck asked if the property value would change based on the Boxelder
stormwater and I-25/Prospect improvements. Sears replied in the affirmative, assuming the deed
restriction were removed and an upzoning was approved; however, should the business be closed
or the use changed and the City decides to repurchase the property, it will be repurchased based
on the price received plus an escalator based on the assessed value of the property.
Councilmember Overbeck asked if the City has considered other assistance for the service
provided by Hageman's. Stokes replied in the negative and stated it is extremely difficult to find
other properties for this use.
Councilmember Stephens asked why it is difficult to find another location for .this type of
operation. Stokes replied there are very few locations, if any, within the Growth Management
Area.
Councilmember Stephens asked if there are other providers of this service in the area. Jeff
Mihelich, Deputy City Manager, replied there is one small business owner on West Mulberry
that takes a limited amount of yard waste; however, Hageman's handles the recycling of 72% of
yard waste within the city.
Councilmember Stephens asked 'if this type of use is. being considered for the regional
wasteshed. Councilmember Cunniff replied that would be quite far in the future. .
Councilmember Stephens asked if the City could buy something comparable in terms of acreage
for this same price. Sears replied the price equates to a little over $20,000 an acre and land has
been purchased within the Growth Management Area for $51000 to $50,000 an acre. Within the
river corridor, another l l acres could be purchased for approximately the same value.
City of Fort Collins Page 223
January 17, 2017
Councilmember Cunniff asked about the escalator for the buy-back value. Sears replied the
difference between the assessed value now and then would be the escalator that would be applied
to the $255,000 sales price.
Councilmember Cunniff asked if keeping this money in escrow to use for future repurchase
would be possible. Stokes replied in the affirmative; however, he noted the proceeds from this
sale must go back into land conservation and staff has taken the approach that finding land to
purchase and protect now would be a better use of the funds.
Councilmember Campana asked if there are conditions regarding liens on the property. Sears
replied any liens on the property would have to be cleared prior to repurchase; however, that is
not a requirement during the time of Hageman's ownership.
Councilmember Campana asked what the lease terms have been to this point. Stokes replied it
was a ten-year lease that renewed annually and it will be expiring this year.
Councilmember Campana asked what type of long-term lease the Boards proposed. Stokes
replied the Land Conservation and Stewardship Board proposed a twenty-year lease with annual
renewals. ,
Councilmember Campana suggested the removal of annual reviews and the institution of a long-
term lease rather than a sale as a possible option to strike a balance and allow Hageman's to have
a viable business plan.
Councilmembers Cunniff and Stephens supported the idea of a possible long-term lease.
Mayor Pro Tem Horak requested input from Mr. Hageman. Mr. Hageman replied he does not
want a long-term lease due to the possibility of future Councils having the ability to cancel the
lease. He stated he cannot invest in the front of his business without assuring control of the back
acreage.
Mayor Pro Tem Horak noted CSU has a long-term lease on the Engines Lab.
Mr. Hageman discussed the value of land appreciation.
Councilmember Martinez asked if a lease could be written with definite terms and assurance it
could not be cancelled. City Attorney Daggett replied in the affirmative.
Councilmember Martinez asked Mr. Hageman if he would consider a firm 99-year lease. Mr.
Hageman replied he would consider it but that is not his desire. He stated he has no intention of
putting a lien on this land.
Councilmember Martinez made a motion, seconded by Mayor Troxell, to adopt Ordinance No.
020, 2017, on First Reading.
City Attorney Daggett reviewed the changes made to the Ordinance since the published agenda.
Councilmember Cunniff made a motion to amend, seconded by Councilmember Overbeck, to
postpone consideration of this item until the March 7, 2017 meeting to allow staff to investigate
the long-term lease option.
City of Fort Collins Page 224
January 17, 2017
Mayor Pro Tern Horak stated he would also like to receive additional information regarding the
value of the property without the deed restriction.
Stokes stated it would be difficult for staff to develop a full lease proposal by March 7.
City Attorney Daggett noted the current lease does not terminate until June 2018; however, the
final annual review will occur in June of this year.
Councilmembers Cunniff and Overbeck accepted a friendly amendment to postpone indefinitely
to allow staff time to provide a full market value appraisal, examine a long=term lease, and gather
information on possible river corridor land acquisitions. .
City Attorney Daggett suggested postponement to the next Council meeting for staff to present a
timeline.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to postpone the
item until such as time as staff has determined it can provide acceptable answers to Council's
questions.
RESULT:
FIRST READING OF ORDINANCE NO. 020,2017, POSTPONED UNTIL SUCH
TIME AS STAFF CAN COMPLETE WORK TO EXPLORE OTHER OPTIONS
[UNANIMOUS] °
MOVER:
Ross Cunniff, District 5
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak .
• CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS
14. Items Relating to the Submission of Charter Amendments to a Vote of the Registered
Electors of the City at the April 4, 2017, Regular Municipal Election. (Adopted on Second
Reading)
A. Second Reading of Ordinance No. 001, 2017, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Amendment to Section 7 of Article Vlll of the City Charter
Pertaining to the Date of Certification of Election Results (the "Canvass'), Proposed
Amendments to Section 1 (d) and Section 4 of Article 11 of. the City Charter Pertaining
Respectively to the Timing of the Council Organizational Meeting Following an Election, and
when Councilmember Terms of Office Begin.
B. Second Reading of Ordinance No. 002, 2017, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Amendment to Section 11 of Article II of the City Charter
Pertaining to the Process for Cancelling a Council Meeting.
C. Second Reading of Ordinance No. 003, 2017, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Amendment to Section 9 of Article IV of the City Charter
Pertaining to Conflicts of Interest and Certain Prohibited Sales to the City.
D. Second Reading of Ordinance No. 004, 2017, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Amendment to Section 1 of Article Vll of the City Charter
Pertaining to Appointment of Municipal Judges.
These Ordinances, unanimously adopted on First Reading on January 3, 2017, submit various
Charter amendments to the voters in April that will: (1) change the deadline for final certification of
an election so that the City may implement signaiure verification, and corresponding changes to the
City of Fort Collins Page 225
January 17, 2017
date of the Council organizational meeting and the beginning of Councilmember terms of office; (2)
outline a process for the cancellation of a Council meeting in the event of unforeseen circumstances
(i.e., weather, natural disasters, emergencies); (3) clarifying when City officials and employees, and
their relatives, have a conflict of interest in a sale of property or services to the City concerning which
sale the officer or employee has decision -making or supervisory authority; and (4) to allow the
Council to appoint additional Municipal Judges and to designate a Chief Municipal Judge.
Eric Sutherland suggested a Charter amendment allowing future Councils the ability to appoint a
Municipal Court Judge for a period of time less than two years.
Mike Pruznick discussed the inclusion of full-time Council members.
V
Councilmember Cunniff asked about Mr. Sutherland's question. City Attorney Daggett replied
the two-year term is intended to provide a regular, predictable cycle. The language does allow
the appointment of a temporary judge as Council deems necessary.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 001, 2017, on Second Reading.
RESULT: ORDINANCE NO. 001, 2017 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak . made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 002, 2017, on Second Reading.
RESULT: ORDINANCE NO. 002, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 003, 2017, on Second Reading.
RESULT: ORDINANCE NO. 003, 2017, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 004, 2017, on Second Reading
RESULT: ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana,'District 3
AYES: Martinez, Stephens, Overbeck, Campana,,Troxell, Cunniff, Horak
City of Fort Collins Page 226
January 17, 2017
15. First Reading of Ordinance No. 009, 2017, Appropriating Prioe'Year Reserves in the Storm
Drainage Fund to Pay 2017 Fees for the City of Fort Collins Areas within the Boxelder Basin
Regional Stormwater Authority. (Adopted on First Reading)
The purpose of this item is to appropriate,$330,000 from prior year reserves in the Storm Drainage
Fund to pay stormwater service and stormwater system development fees in advance to the
Boxelder Basin Regional Stormwater Authority (BBRSA) for those developed areas of the City of
Fort Collins that also are located within the BBRSA service area boundary based on existing
development (i.e., impervious surface area) conditions.
Eric Sutherland discussed the Boxelder Stormwater Authority and opposed the use of tax
increment financing. He opposed the Ordinance.
Tim Singewald, Mayor of, Wellington, introduced himself and stated he has some concerns
regarding this item.
Mayor Pro Tern Horak discussed the read -before memo which addressed some of his concerns
regarding this item. He noted the long-term cash flow is positive while the short-term cash flow
is a problem.
Councilmember Cunniff stated he has significant concerns regarding this item.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 009, 2017, on First Reading.
Councilmember Campana commended this as a creative solution.
RESULT:
ORDINANCE NO. 009, 2017, ADOPTED ON FIRST READING [6 TO" 11
MOVER:
Gerry Horak, District 6
SECONDER:
Ray Martinez, District 2
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Horak
NAYS:
Cunniff
• Motion to Extend the Meeting
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to suspend the
rules to continue past 10:30 PM in order to consider any other business to come before the
Council.
RESULT:
ADOPTED [6 TO 11
MOVER:
Ross Cunniff, District 5
SECONDER:
Gino Campana, District 3
AYES:
Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
NAYS:
Martinez
City of Fort Collins Page 227
January 17, 2017
• OTHER BUSINESS
Councilmember Martinez requested and received Council support to write a letter of support for
the Food Bank becoming an Enterprise Zone.
Mayor Pro Tem Horak requested information regarding other entities which could possibly
benefit from the Enterprise Zone.
Councilmember Campana discussed the Stormwater Criteria Manual update and asked if any
type of citizen committee has been assembled to review the Manual. City Manager Atteberry
replied he would return with that information.
• Call of Special Meeting
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to call a Special
Meeting of the Council pursuant to Section 2-29(a) of the City Code for 6:00 PM on Tuesday,
January 31, 2017, for the purpose of conducing the Landmark Apartments appeals and any other
items that may come before the Council. I
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ray Martinez, District 2
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
• ADJOURNMENT
The meeting adjourned at 10:44 PM
C-----Mayor
ATTEST:
City Clerk
✓\
City of Fort Collins Page 228