HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/01/2016 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE OAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY November 1, 2016
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the October 4, 2016 Regular City Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the October 4, 2016, Regular Council meeting.
ATTACHMENTS
1. October 4, 2016 (PDF)
City of Fort Collins Page 114
October 4, 2016
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Campana
Staff Present: Atteberry, Daggett, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry recommended withdrawing Item #5, First Reading of Ordinance No.
113, 2016, Authorizing the Conveyance of a Permanent Stormwater Easement on City Property
at the Gardens on Spring Creek to Colorado State University, for consideration at a later date.
CITIZEN PARTICIPATION
Kevin Harper discussed negotiations with the City regarding eminent domain proceedings on his
property for the Prospect and College intersection improvements.
Virginia Farver discussed Smart Meters and stated they do not have UL certification and have
caused fires.
Anne Cleary discussed negotiations with the City regarding eminent domain proceedings on her
property for the Prospect and College intersection improvements.
Mike Pruznick asked Council to consider the Poudre School District bond issues and spoke in
opposition to the bond issues.
Mary Kopco, Fort Collins Symphony Executive Director, thanked the City for its Fort Fund
support and invited citizens to attend concerts.
Maestro Wes Kenny, Fort Collins Symphony, introduced Gina Johnson, oboe/English horn
player, who performed a piece from an upcoming concert.
Andrew Schneider announced National Arts and Culture Month and expressed support for ballot
Issue 200, as well as a cabinet level position for arts and culture in the City.
Anthony McGlaun discussed instances of racism and discrimination he has experienced in Fort
Collins.
Debra (no last name given) opposed water rate increases.
Teresa Ramirez expressed support for the community’s non-profit organizations and discussed
her involvement with the Family Center.
Nate Donovan supported issues 3B and 3C for Poudre School District’s mill levy override and
bond issue.
October 4, 2016
City of Fort Collins Page 115
Robert Bradley spoke in support of Sunday Transfort service.
Eric Sutherland discussed the Colorado General Assembly’s adoption of a bill which reformed
the Urban Renewal Authority.
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell thanked Mr. McGlaun for his comments and stated his experiences are not
representative of Fort Collins.
Councilmember Cunniff noted there is a process citizens can follow regarding racial profiling.
He asked if the City could legally decide not to collect tax increment revenue for a new tax
measure such as the PSD bond issue and if not collecting would make an impact on previously
approved projects.
Councilmember Cunniff requested an outline of negotiations with Mr. Harper and Ms. Cleary.
Laurie Kadrich, Planning, Development and Transportation Director, stated staff has reached a
point with the Harper/Cleary family as a willing seller; however, that agreement needs Council
consideration as it contains some items which were not vetted between the staff and Council on
prior decisions. Deputy City Manager Mihelich stated staff is requesting authorization of
eminent domain proceedings on October 18.
Councilmember Cunniff opposed the consideration of an eminent domain ordinance prior to the
November negotiation deadline as being premature.
Councilmember Overbeck suggested staff examine its eminent domain process in general. He
welcomed Mr. McGlaun to the community and asked him to meet for coffee.
Councilmember Martinez requested staff input regarding Ms. Farver's comments about Smart
Meters. Tim McCullough, Light and Power Operations Manager, replied the majority of Fort
Collins Smart Meters were installed in 2011-2013 and the voluntary UL listing program for
Smart Meters was enacted in 2014. A portion of the City's meters have achieved UL listing and
the meters do comply with a number of stringent UL safety standards that apply to electric
utilities. The meters do not gather condensation and the City's high voltage personnel are
certified under the National Electric Safety Code. No structure fires have been reported due to
the meters in Fort Collins.
Councilmember Martinez commended the Symphony performance. He commented on Mr.
McGlaun's remarks, stating action through the Human Relations Commission and other means
should be taken. Mr. McGlaun's experience is not representative of the city as a whole.
Councilmember Stephens stated Council is not considering a resolution regarding the Poudre
School District bond issue as it has not historically done so; it is not a comment on the value of
the bond issue. She addressed Debra's comments regarding utility rate increases and
commended the Symphony performance. She stated the experience had by Mr. McGlaun is not
acceptable in the community.
Councilmember Cunniff commented on the 2017 utility rate increase, noting it is a yearly
scheduled item on Council's agenda.
October 4, 2016
City of Fort Collins Page 116
CONSENT CALENDAR
Eric Sutherland withdrew Item No. 7, Resolution 2016-077 Authorizing the Mayor to Execute the
Intergovernmental Agreement for Funding I-25 Improvements, from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Campana
1. Consideration and Approval of the Minutes of the September 20, 2016 Regular Council
Meeting. (Adopted)
The purpose of this item is to approve the minutes from the September 20, 2016 Regular Council
meeting.
2. Second Reading of Ordinance No. 110, 2016, Annexing Property Known as the Cache La
Poudre River Annexation to the City of Fort Collins, Colorado. (Adopted)
This Ordinance unanimously adopted on First Reading on September 20, 2016, annexes the Cache
La Poudre River enclave. This is a City-initiated request to annex 12.01 acres located along the
northern boundary of the Lee Martinez Community Park/1873 Original Town Site Annex. From the
intersection of North College Avenue and the Cache La Poudre River, the enclave spans
approximately 3,190 feet to the northwest and 1,620 feet to the southeast. The Initiating Resolution
was adopted on August 16, 2016. A related item to zone the annexed property is presented as the
next item on the agenda.
3. Public Hearing and Second Reading of Ordinance No. 111, 2016, Amending the Zoning Map
of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Cache La Poudre River Annexation to the City of Fort Collins, Colorado. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on September 20, 2016, zones the property
included in the Cache La Poudre River Annexation into the Public Open Lands zone district.
4. First Reading of Ordinance No. 112, 2016, Authorizing Execution of the Cribari-
Gheen/Schuman Amended and Restated Deed of Conservation Easement. (Adopted)
The purpose of this item is to authorize the execution of the amended and restated
Cribari/Gheen/Schuman conservation easement. The Cribari property was a 72 +/- acre property
south of Timnath in unincorporated Larimer County that was conserved by the City with a
conservation easement in 2005 with Chris Cribari. Cribari subdivided the parcel, then sold the
subsequent two parcels to Ken and Deborah Gheen and Michael and Taryn Schuman. After the
Gheens placed their parcel on the market, ambiguities were identified in the original conservation
easement deed, including lack of clarity on residential development potential and approved land
uses and activities for each parcel, in addition to a shared liability for each other’s parcels. This
amended and restated conservation easement has addressed and clarified all the issues presented
with no net-loss to the conservation value of the parcels.
October 4, 2016
City of Fort Collins Page 117
5. First Reading of Ordinance No. 113, 2016, Authorizing the Conveyance of a Permanent
Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State
University. (WITHDRAWN FROM CONSIDERATION)
The purpose of this item is to authorize the conveyance to Colorado State University of a permanent
stormwater easement on City property at the Gardens on Spring Creek. Colorado State University
(CSU) needs to construct a water quality pond to handle the flows from its new construction at CSU,
including the new stadium. The Center Outfall Water Quality Pond (Pond) will be constructed on land
owned by CSU, as well as on a portion of the City's property at the Gardens on Spring Creek. The
Pond will handle flows from both entities.
6. First Reading of Ordinance No. 114, 2016, Designating the H. W. Schroeder Property Located
at 419 Mathews Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
The purpose of this item is to designate the H. W. Schroeder property located at 419 Mathews Street
as a Fort Collins Landmark. The owners of this property, the Carol Johnson Trust and the John
McGowan Trust, are initiating this request. The 1901 Queen Anne-style residence is eligible for
recognition as a Landmark due to its historic integrity and significance to Fort Collins under
Designation Standard B, Persons/Groups, and Standard C, Design/Construction.
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the multicultural retreat, Senator Kefalas’ meeting on
homelessness, the Music District opening, and the Bridging the Gap event for seniors.
Councilmember Martinez reported on the Rotary’s Teacher of the Year luncheon and the City
Recycling Center grand opening.
Mayor Troxell reported on the Colorado Municipal League district meeting in Evans and stated
Fort Collins received recognition for its partnership with Live Well Colorado and the Colorado
Municipal League.
DISCUSSION ITEMS
7. Public Hearing on the 2017-2018 Recommended Biennial Budget for the City of Fort Collins.
(Hearing was Held)
This is the second official public hearing on the City Manager’s 2017-2018 Recommended Biennial
Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the
2017-2018 Budget. Public input will also be taken during the budget adoption meetings on Tuesday,
November 1 and Tuesday, November 15, 2016 at 6:00 p.m. in the Council Chambers.
The City Manager’s 2017-2018 Recommended Budget can be reviewed at the Old Town Library, the
Harmony Library, or the City Clerk’s Office. The recommended budget can also be viewed online at
fcgov.com/budget.
Cari Brown, ARC of Larimer County, commended the National Disability Employment month
proclamation and supported funding of transportation offers and Sunday Transfort service.
October 4, 2016
City of Fort Collins Page 118
Stephanie Tillman, La Familia Executive Director, supported the budget offer for Human
Services program grant funding.
Marilee Boylan, ARC of Larimer County, supported funding of accessible bus stops and Sunday
Transfort service.
Amber (no last name given) advocated for the Family Center’s daycare services.
Mike Devereaux, Commission on Disability and Sunday Service Now Coalition, supported full
funding of Sunday Transfort service.
Chrissy Krumm commended the National Disability Employment month proclamation and
supported funding of accessible bus stops and Sunday Transfort service.
Julian Lane, People First, supported funding of Sunday Transfort service.
Kendra Ketler commended the National Disability Employment month proclamation and
supported funding of Sunday Transfort service.
Jim (no last name given) discussed his experience with raising funds for the Food Bank and
supported funding of the local food coordinator and community gardens outreach program
budget offers.
Maggie Wesley, ARC of Larimer County, commended the National Disability Employment
month proclamation and supported funding of transportation offers and Sunday Transfort
service.
Debra (no last name given) questioned whose interests are being served by rate and budget
increases.
Mike Pruznick supported funding of Sunday Transfort service as a pilot program and discussed
making the city more friendly for alternative means of transportation such as electric bicycles
and golf carts.
Andrew Schneider supported funding of Sunday Transfort service.
Kevin Cross, Fort Collins Sustainability Group, supported funding of offers which would
contribute to emissions reduction efforts, including Sunday Transfort service.
Hunter Buffington, Fort Collins Sustainability Group, supported funding of a budget offer which
would dedicate City funds to purchasing renewable energy from PRPA and supported funding of
Sunday Transfort service.
Briana Sprecker-Kinneer supported funding of the Lincoln Center improvements, the Creative
Industries Director position, the Community Creative Center operating enhancement, and the
Education Outreach position at the Lincoln Center.
Amy Dondale, CDBG Commission member, asked Council to consider the Commission's
request to increase Human Services Program grant funding.
October 4, 2016
City of Fort Collins Page 119
John McKay, Poudre School District, supported funding of the PSD/City of Fort Collins after-
school enrichment proposal.
Steve Backsen, CDBG Commission member, supported an increase in funding of the Human
Services Program grant.
Eric Sutherland stated the City's budget process could be improved and discussed URA funding
and the Innosphere loan.
Laura Morrison-Piebel supported funding of the FC Walks program and Sunday Transfort
service.
Michael Pupiales supported funding of Sunday Transfort service and the affordable housing land
bank offer.
Griselda Landiposas supported funding of Sunday Transfort service and the equity and inclusion
full time position.
Chancey Enshaw supported funding of Sunday Transfort service.
Cheryl Distaso, Fort Collins Community Action Network, supported funding of Sunday
Transfort service.
Mark Kendecker stated a budget should be an intentional expression of the City's values and
supported funding of Sunday Transfort service, the Bicycle Infrastructure Project, and affordable
housing.
Robert Bradley supported funding of Sunday Transfort service.
Councilmember Cunniff requested a staff evaluation of the Fort Collins Sustainability Group
memo regarding emissions reduction numbers and noted no write-down is proposed for the loan
to the Innosphere. Mike Beckstead, Chief Financial Officer, replied the URA's $2.5 million
contribution for public improvements for the Rocky Mountain Innosphere project is being repaid
to the City through tax increment financing.
Councilmember Cunniff commented Council would like to have not only Sunday service, but
expanded service throughout the Transfort system, and requested staff further analyze the issue.
He discussed the necessity to juggle the requests and demands of community service offers with
preserving the ability of the City to be a viable, sustainable operation financially.
Councilmember Martinez noted other community needs and budget items would need to be cut
to support Sunday Transfort service. He supported funding the after-school enrichment program.
Councilmember Stephens supported CDBG funding of community non-profit organizations. She
requested staff look into whether federal Childcare Assistance Funding will be returning.
Councilmember Overbeck thanked citizens for their input, suggested staff examine the equity
and inclusion position, and supported emissions reduction goals.
Mayor Pro Tem Horak discussed the Human Services request stating no specific City policy
exists around social sustainability funding. He stated transit is a key responsibility for the City
October 4, 2016
City of Fort Collins Page 120
as social services and housing are also the responsibility of other entities and requested a matrix
of how various amounts of additional funding will affect Transfort service.
Councilmember Cunniff discussed the possibility of sharing transit with Poudre School District
within the city limits. He suggested the construction of a larger strategic plan dealing with PSD
and potentially the County and other governmental agencies.
RESULT: HEARING WAS HELD
(Secretary's Note: Council took a brief recess at this point in the meeting.)
8. Resolution 2016-078 Urging the City's Electors to Vote "Yes/For" Ballot Issue 2A on the Ballot
of the November 8, 2016, Election, Which Asks City Voters to Confirm that the City May Keep
and Spend All Revenues it has Received and Will Continue to Receive from the "Keep Fort
Collins Great" .85% Sales and Use Tax City Voters Approved in 2010. (Adopted)
The purpose of this item is to bring forward a resolution in support of the November ballot question
asking voters to confirm that the City may retain and spend all revenues it has received and will
continue to receive relating to the “Keep Fort Collins Great” .85% sales and use tax voters approved
in 2010.
Mike Pruznick requested Council not support this item and stated it will maximize litigation. He
discussed the use of the term “Keep Fort Collins Great” and the ballot language regarding the
amount of the tax. He questioned whether the funds have already been spent or if they can be
used for Sunday Transfort service.
Eric Sutherland questioned what would occur if voters vote no and stated litigation will be
required to solve the issue regardless of the election outcome.
Mayor Troxell noted no protests were filed regarding the ballot language. City Attorney Daggett
confirmed that information.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2016-078.
Councilmember Martinez asked about the use of the name "Keep Fort Collins Great." City
Attorney Daggett replied the ballot question itself did not name the tax; therefore, it is incorrect
to state an official name was attached to the tax when it was presented to voters. The tax was
referenced as "Resourcing Our Future" a few times early on; however, staff has confirmed that
the tax has consistently been referenced as the "Keep Fort Collins Great" tax. It would likely be
more confusing to voters to use some other name for the tax in the ballot language.
Councilmember Cunniff stated he would support the motion and, should the ballot issue not pass,
he will ask staff to prepare an amended budget which reduces City revenues by the amount
which most accurately reflects the law and cuts City services as necessary.
Mayor Troxell express support for the motion and noted the tax dollars collected to date have
been accurately spent and accounted.
October 4, 2016
City of Fort Collins Page 121
RESULT: RESOLUTION 2016-078 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Campana
9. Resolution 2016-079 Supporting and Approving the Statement of Collaboration Between the
City of Fort Collins and Future Venture Capital Co. Ltd. (FVC). (Adopted)
The purpose of this item is for the City Council to acknowledge and support a Statement of
Collaboration between the City of Fort Collins and Future Venture Capital Co. Ltd. (FVC). The City
and FVC recognize the mutual business, educational and other interests related to the City's 2015
Economic Health Strategic Plan (EHS Plan) and FVC's mission.
Josh Birks, Economic Health Director, stated Future Venture Capital (FVC) is currently a
Japanese-based company looking to open a North American headquarters. FVC has a history of
creating and funding venture funds that support primarily seed early stage companies. This
statement of collaboration supports the fact that both the City and FVC have a mutual interest in
supporting the innovative community and entrepreneurial culture in Fort Collins by trying to
create opportunities around access to capital for companies that are formed here and want to
grow here. This statement does not obligate the City to invest any resources or funds nor does it
obligate the City to take any action in the future.
Eric Sutherland expressed suspicion regarding decisions made by the Economic Health office
and questioned the meaning of a non-binding statement of collaboration.
Mike Pruznick questioned the meaning of a non-binding statement of collaboration and asked
what would occur if Council does not approve the Resolution.
Councilmember Cunniff expressed concern regarding the seemingly expedited nature of this
item noting the Economic Advisory Board and Council Finance Committee have not been
consulted. He asked about next steps should Council approve or not approve the Resolution.
Birks replied this Resolution affirms the fact that both FVC and the City have a mutual interest
in supporting the innovation community. Next steps would involve FVC locating its
headquarters in the northern Front Range, potentially in Fort Collins, and a discussion around
FVC's desire to create regionally-specific venture funds. Should Council not approve the
Resolution, FVC will likely continue to look at those same types of operations in the broader
Front Range area. In terms of other such agreements, the City has a memorandum of
understanding with Drive Electric Northern Colorado.
Councilmember Cunniff asked if Council approved the Drive Electric memorandum. Birks
replied that was a staff initiative.
Councilmember Cunniff asked what is driving the timeline on the issue. Birks replied FVC will
be making a number of announcements about some investments it has made locally and wants to
time those announcements with this partnership and others it has developed throughout the Front
Range.
Councilmember Overbeck asked why this item did not go before the Economic Advisory Board.
Birks replied this partnership does not include resources or funding and could be done
October 4, 2016
City of Fort Collins Page 122
administratively. The normal process would not involve going before boards and commissions.
The item has been brought forward as a good news item and in response to a request to bring it
forward.
Councilmember Martinez agreed this is a good news item and stated it speaks to encouraging
new development and voluntary interactions.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2016-079.
Councilmember Cunniff stated he would support the item with the caveat that follow-up is
carried out with the Economic Advisory Board and a process for this type of item is considered.
Councilmember Overbeck agreed with Councilmember Cunniff.
Councilmember Stephens stated she would support the item; however, she requested additional
information about FVC and its past projects.
Mayor Pro Tem Horak noted these types of statements often occur in proclamations and agreed a
future process for these types of items would be helpful. He supported the motion and stated he
would be delighted if FVC moved its headquarters to Fort Collins.
Mayor Troxell supported the motion.
RESULT: RESOLUTION 2016-079 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Campana
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
10. Resolution 2016-077 Authorizing the Mayor to Execute the Intergovernmental Agreement for
Funding I-25 Improvements. (Adopted)
The purpose of this item is to authorize the Mayor to enter into an intergovernmental agreement
(IGA) with Larimer County and seven other municipalities outlining the method by which local funds
will be appropriated and contributed to Larimer County for the purpose of helping to accelerate
improvements to I-25 in Northern Colorado.
Eric Sutherland expressed concern regarding the funding being available for I-25 improvements
due to increasing property values. He stated interstate highways were designed to be high-speed
links between communities and not a location for shopping centers. Many subsidies have been
granted to some of these shopping areas as a result of tax increment financing.
Mike Pruznick questioned the existence of data which shows adding a third lane will reduce
congestion. The City’s focus on I-25 improvements is more detrimental than sustainable for its
future. He requested staff discuss the memo regarding tax issues from the read before packet.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2016-077.
October 4, 2016
City of Fort Collins Page 123
Mayor Troxell stated he would support the motion and stated there are clear benefits for Fort
Collins.
Councilmember Martinez stated he would support the motion noting I-25 needs improvement.
Councilmember Stephens stated she would support the motion and stated the improvements will
benefit all of Northern Colorado communities.
RESULT: RESOLUTION 2016-077 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Campana
OTHER BUSINESS
Councilmember Cunniff requested additional clarity regarding the Prospect and College
intersection item on October 18. Laurie Kadrich, Planning, Development and Transportation
Director, replied staff is planning to present the original preferred option with an eminent domain
ordinance, the proposed offer to Mr. Harper and Ms. Cleary which would retain the tree and the
wall but take a larger portion of the back yard, and a third alternative of a single left turn lane.
The first two options would include eminent domain ordinances and the third option would not.
Councilmember Cunniff asked why the first option is being brought forward given it was
previously rejected. City Manager Atteberry replied that change would be Council’s prerogative.
Mayor Pro Tem Horak replied his original idea was to include all three options as there was no
unanimous decision.
Councilmember Martinez supported the inclusion of all three options.
Councilmember Martinez commented on Mr. McGlaun's statements and compared his
experience with name-calling to speakers before Council who make negative statements
regarding staff and Councilmembers.
ADJOURNMENT
The meeting adjourned at 9:22 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk