HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/19/2015 - SUMMARY AGENDAWade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Gino Campana, District 3
Kristin Stephens, District 4 Cablecast on City Cable Channel 14
Ross Cunniff, District 5 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Nelson
City Attorney City Manager City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
Regular Meeting
May 19, 2015
Proclamations and Presentations
5:30 p.m.
• Proclamation Declaring May as Mental Health Month.
• Proclamation Declaring May as Lions Club 95th Anniversary Celebration
• Proclamation Declaring May 19 as Stanley Sepulbeda Day
Regular Meeting
6:00 p.m.
• PLEDGE OF ALLEGIANCE
• CALL MEETING TO ORDER
• ROLL CALL
• AGENDA REVIEW: CITY MANAGER
• City Manager Review of Agenda.
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• Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the
Consent Calendar. Anyone may request an item on this calendar be “pulled” off the
Consent Calendar and considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion
Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion
Items.
• CITIZEN PARTICIPATION
Individuals may comment regarding items scheduled on the Consent Calendar and items not
specifically scheduled on the agenda. Comments regarding land use projects for which a development
application has been filed should be submitted in the development review process** and not to the
Council.
• Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
• All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
• A timer will buzz once and the timer light will turn yellow to indicate that 30 seconds of
speaking time remain, and will buzz again and turn red when a speaker’s time to speak has
ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
• CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the
important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone
may request an item on this calendar to be "pulled" off the Consent Calendar and considered
separately. Agenda items pulled from the Consent Calendar will be considered separately under
Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with
one vote. The Consent Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
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1. Second Reading of Ordinance No. 054, 2015, Appropriating Unanticipated Grant Revenue in the
General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and
Projects for the Multi-Jurisdictional Northern Colorado Drug Task Force.
Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department
of Justice on behalf of the Northern Colorado Drug Task Force (NCDTF) for federal grant monies to
help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will
be used to offset joint task force operations.
In addition, because of the significant decrease in federal funds available for drug enforcement, the
drug task force is transferring $256,160 from its forfeiture reserve account to its 2015 operating
budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of
assets seized from people engaged in illegal drug activities.
2. Second Reading of Ordinance No. 055, 2015, Vacating Right-of-Way as Dedicated on a Plat of
Registry Ridge Fourth Filing.
The Ordinance, unanimously adopted on First Reading on May 5, 2015, vacates Cabot Court, Nimitz
Drive, Hornet Drive, Kitty Hawk Court and Enterprise Drive right-of-way that is no longer necessary
or desirable to retain for street purposes. The property is proposed to be replatted as Registry Ridge
Seventh Filing, which was approved through an Administrative Hearing on March 5, 2015.
3. Second Reading of Ordinance No. 056, 2015, Vacating Portions of the Rights-of-Way as Dedicated
on the Plat of Riverside Park.
The Ordinance adopted unanimously on First Reading on May 5, 2015, vacates portions of College
Avenue right-of-way at the southwest corner of North College Avenue and Pinion Street.
4. First Reading of Ordinance No. 059, 2015, Appropriating Unanticipated Revenue for the Senior
Center Expansion Project and Transferring Appropriations to the Cultural Services and Facilities
Fund for Art in Public Places Program.
The purpose of this item is to appropriate an additional $50,000 to the Senior Center Expansion
Project. These additional funds were raised by the Senior Center Expansion Committee to be used
towards completing the new community gardens at the west end of the new parking lot for fencing,
planter beds, etc. and also pay for additional furnishings inside the building, e.g. a piano, upgrading
old light fixtures, benches, portable stage, coffee cart, etc.
5. First Reading of Ordinance No. 060, 2015, Appropriating Prior Year Reserves and Unanticipated
Revenues in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not
Included in the 2015 Adopted City Budget.
The purpose of this item is to approve an Ordinance appropriating $8,300,000 in prior year reserves
and unanticipated revenues in the Natural Areas Fund. Of the total, $6,110,000 will be used for land
conservation. With over $7M of land and water acquisitions under negotiation, there is a reasonable
likelihood that most of these funds will be spent in 2015.
Prior to 2004, the Natural Areas Department (NAD) projects were funded through the Capital
Projects Fund and therefore funds did not lapse from year to year. During 2004, in order to comply
with the Governmental Accounting Standards Board, Natural Areas appropriations and funding
sources were all moved into the Natural Areas Fund, a lapsing fund. Therefore, unspent funds in
prior annual budgets need to be appropriated into the following year’s budget before they can be
spent. The purpose of the previously appropriated funds under this Ordinance remains the same:
land conservation, construction of public improvements, restoration of wildlife habitat and other NAD
programs to benefit the citizens of Fort Collins.
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In addition to prior year reserves and unspent 2014 appropriations, the Natural Areas Department
received unanticipated revenues in 2014; these funds are being appropriated for the purpose of
providing Natural Areas programming not included in the 2015 adopted City Budget.
6. First Reading of Ordinance No. 061, 2015, Authorizing the Replacement of a Notice of Interim Trail
Use and the Conveyance or Vacation of the City’s Rights in a Portion of Property Known as the
Rails-to-Trails Property.
The purpose of this item is to obtain authorization from City Council to terminate an existing Notice of
Trail Use for a portion of Rails to Trails property located east of Taft Hill Road and north of Lincoln
Middle School that the City does not have any current or future use for and vacate or convey the
City’s remaining interests in the property. The City will request a replacement Notice of Interim Trail
Use for the remaining Rails to Trails property.
In 1988, the City filed with the Interstate Commerce Commission expressing its willingness to
assume responsibility for a portion of railroad property that Burlington Northern Railroad Company
(“Railroad”) planned to abandon and requested a Notice of Interim Trail Use (“NITU”) to postpone the
abandonment and allow the City to use the property, known as the “Rails-to-Trails” property, for trail
purposes. After the NITU was issued, the City then entered into an Offer to Purchase and Interim
Trail Use Agreement with the Railroad in 1989 subject to the right of the railroad to reactivate its line
in the future. The Railroad deeded its interest in the Rails-to-Trails property in 1990. Staff has
determined that a portion of the Rails-to-Trails property located east of Taft Hill Road and north of
Lincoln Middle School is not needed for any current or future trail use or recreation uses and would
prefer to be released from maintenance obligations of the property. This Ordinance would authorize
staff to take the steps necessary to terminate the NITU and ask the Surface Transportation Board to
replace it with a new NITU covering much less of the property, and vacate or convey any remaining
interests the City may have across the section of the property that is no longer needed.
7. Resolution 2015-055 Adopting Amendments to the Financial Management Policies by Combining
and Revising General Policies, Fund Policies and Capital Improvement Fund Policies.
The purpose of this item is to update the General Financial Policy and combine with 2 other policies:
Fund Policies and Capital Improvement Policies. In August 2014 the Council Finance Committee
(CFC) approved combining these policies into one general financial policy. In November 2014 the
CFC reviewed the draft of these 3 policies and approved bringing the combined policy to the City
Council for consideration. Many sections of these policies are redundant with other financial policies,
City Code and Intergovernmental Agreements (IGAs). There are also many sections with no policy
elements. Lastly some sections are not financial in nature or should be moved to another financial
policy. As such, this action is primarily a housekeeping update. All approved financial policies will
be available on fcgov.com by August 31.
8. Public Hearing and Resolution 2015-056 Approving the Programs and Projects That Will Receive
Funds From the Federal Community Development Block Grant Program (CDBG), the Home
Investment Partnerships Program (HOME), and the City's Affordable Housing Fund (AHF) and
Human Services Program (HSP).
The purpose of this item is to approve the funding of the 2015 spring cycle of the Competitive
Process.
9. Resolution 2015-052 Adopting the Recommendations of the Cultural Resources Board Regarding
Fort Fund Grant Disbursements.
The purpose of this item is to adopt the recommendations of the Cultural Resources Board to
disburse Fort Fund grants to community events from the Cultural Development and Programming
and Tourism Programming Accounts.
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10. Resolution 2015-053 Authorizing an Intergovernmental Agreement with Colorado State University
Regarding Biological Inventory and Data Analysis through the Colorado Natural Heritage Program
The purpose of this item is to approve by resolution an agreement for technical assistance from the
Colorado Natural Heritage Program (CNHP) at Colorado State University to complete tasks related
to biological survey, data analysis, rare species/communities conservation planning and ecological
monitoring with such information to be applied toward updating the Natural Areas Department 2015
work plan.
11. Resolution 2015-054 Nominating and Endorsing Mayor Wade Troxell as a Candidate for Election to
the Executive Board of the Colorado Municipal League.
The purpose of this item is to formally endorse the nomination of Mayor Wade Troxell as a candidate
to the Executive Board of the Colorado Municipal League. Mayor Troxell, during his earlier terms as
a City Councilmember, served for five years on the Colorado Municipal League Policy Committee.
END CONSENT
• CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
• STAFF REPORTS
A. Downtown Plan Project Update.
B. Senior Center LEED Gold Certification.
• COUNCILMEMBER REPORTS
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
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Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be
made by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (three minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
12. Second Reading of Ordinance No. 053, 2015, Extending the Terms of a Non-Exclusive Franchise by
the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for
the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the
Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and
Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable
Services to Citizens W ithin the City. (staff: Dan Coldiron; no staff presentation; 15 minute
discussion)
This Ordinance, unanimously adopted on First Reading on April 21, 2015, extends the current Cable
Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC
(Comcast) for a period of 47 days to July 31, 2015. The current, extended agreement expires June
14, 2015. City staff and Comcast representatives have reached mutual agreement on the final
elements of the new agreement. The additional 47 days will allow for more time for public input prior
to the consideration of the new agreement by Council. The proposed extension will maintain the
terms and conditions of the existing Franchise for the duration of the extension.
13. Second Reading of Ordinance No. 058, 2015, Appropriation of Funds to Reimburse Woodward, Inc.
For Development Fees, Capital Improvement Expansion Fees and Use Tax. (staff: Mike
Beckstead; no staff presentation; 30 minute discussion)
This Ordinance, adopted on First Reading on May 5, 2015, by a vote of 5-2 (Nays: Overbeck,
Cunniff), Appropriates $2,107,261 of prior year reserves for a rebate to Woodward for fees and use
tax as approved by City Council on April 2, 2013 (Ordinance No. 055, 2013). Ordinance No. 055,
2013 approved an agreement between the City, Downtown Development Authority (DDA), and
Woodward, Inc. The agreement provides Business Investment Assistance for the relocation of
Woodward’s headquarters as well as an expansion of its manufacturing and office facilities to a new
location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create
between 1,400 and 1,700 primary jobs in the City. The City’s assistance includes a rebate of Use
Tax, Development Fees, and Capital Improvement Expansion Fees. This Ordinance also
appropriates all the rebates from the General Fund’s prior year reserves, except for the rebate of
Capital Improvement Expansion Fees, which would be appropriated from the prior year reserves in
the Capital Expansion and Street Oversizing funds for the rebated Capital Improvement Expansion
Fees.
Sections 2 and 3 of the Ordinance have been amended between First and Second Reading to
expressly state that the monies appropriated from the affected Capital Improvement Expansion Fee
funds are being done so with the intent to supersede any provision to the contrary in City Code
Chapter 7.5, which Chapter governs how such fees are to be spent.
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• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
• OTHER BUSINESS
• ADJOURNMENT
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending
at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting
which have not yet been considered by the Council, will be continued to the next regular Council
meeting and will be placed first on the discussion agenda for such meeting.