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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/03/2016 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE AAgenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the April 5, 2016 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the April 5, 2016 Regular Council meeting. ATTACHMENTS 1. April 5, 2016 (PDF) City of Fort Collins Page 400 April 5, 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, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Winkelmann  AGENDA REVIEW: CITY MANAGER City Manager Atteberry moved Item No. 6, Second Reading of Ordinance No. 035, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms and Increase the Outstanding Loan Balance Available for the On-Bill Utility Loan Program, to Discussion.  CITIZEN PARTICIPATION Jennifer Jones Markiewicz, Sexual Assault Victim Advocate Center Executive Director, thanked the City for recognizing April as Sexual Assault Awareness Month. Steve Raimer, Fort Collins Mennonite Fellowship Pastor, discussed the passing of a second homeless individual who died of exposure. He stated people need to be allowed to sleep and stated the camping ban needs to be clarified. Stacia Ryder, Fort Collins Women’s Commission, thanked the City for the Equal Pay Day and Sexual Assault Awareness Month proclamations. Additionally, she thanked Council and Councilmember Campana for working with the It’s On Us initiative. Deborah James stated she is homeless and scared as there are no safe places for homeless residents to go. Lisa Vaughn opposed ticketing the homeless and read a statement from Martha Roden expressing concern there are not enough shelter beds and opposing camping bans. Janice Lynn stated good government needs to step in and act as a trustee for individuals needing assistance. Katherine Douras, Fort Collins Women's Commission Chair, commended the City for the Equal Pay Day proclamation. Mike Pruznick discussed trust and expressed concern Council has not publicly acknowledged recent deaths of homeless individuals as being due to exposure. Additionally, he discussed reports of rape of female homeless individuals from 2014. Jennifer Reisch supported a temporary moratorium on overnight camping. April 5, 2016 City of Fort Collins Page 401 Jeremy Woodard expressed concern regarding recent homeless deaths and requested Council work on these issues. Jessica Aguila, Fort Collins Homeless Coalition, opposed the City's camping ban as it exists and urged Council to cease ticketing for overnight camping. Kelly Connor discussed the importance of rest and sleep for human survival and stated ticketing further perpetuates the cycle of poverty. Lynn Thompson, Fort Collins Homeless Coalition, requested Council place a moratorium on issuing camping tickets. Esther Aguila requested Council place a moratorium on issuing camping tickets between the hours of 6 p.m. and 8 a.m. Skylar discussed a spinal disease he has and stated the City did not help him but rather issued him a ticket for camping. Cheryl Distaso, Fort Collins Homeless Coalition, discussed the public input regarding ticketing for overnight camping and requested Council place a moratorium on issuing camping tickets until a long-term solution can be put in place. Rae Moore requested Council place a moratorium on issuing camping tickets until a long-term solution can be put in place. John Mark Guzman opposed the involvement of law enforcement in social service issues. David Montgomery stated the City is creating its own homeless problem and discussed four trials in which he has been victorious. Additionally, he opposed various charges being brought against his brother. An individual claimed Officer Hopkins has been assaulting women. He opposed the dogmatic nature of Catholic Charities and the Rescue Mission and stated he is banned from both shelters. Houston Morse, Fort Collins Women's Commission, thanked the City for proclaiming April as Sexual Assault Awareness Month and commended the proclamations which support social service issues.  CITIZEN PARTICIPATION FOLLOW-UP Councilmember Martinez requested a report on the number of camping tickets issued. Deputy Police Chief Mike Trombley replied no camping tickets have been issued from 7:15 p.m. until 6:50 a.m. since September 2015. Tickets are not written on nights when the homeless shelters are full. Private property trespassing and park violation tickets are issued. Councilmember Martinez asked if emergency shelter was provided during the last storm. City Manager Atteberry replied limited transportation and alternative shelter space were provided when existing shelters were full. April 5, 2016 City of Fort Collins Page 402 Councilmember Martinez stated the City would utilize all of its community resources in order to ensure residents are sheltered should a storm occur. Much behind-the-scenes work is being done regarding this topic. The individual who made allegations against Officer Hopkins should file a police report, assuming the allegations are true. City Manager Atteberry stated Deputy Police Chief Schiager will talk to the individual who raised those concerns. Councilmember Overbeck asked how many vouchers were provided during the last storm. City Manager Atteberry clarified motel rooms were made available through officers’ individual purchasing cards. Councilmember Overbeck requested additional information regarding the individual who stated he was kicked out of the shelters for life. City Manager Atteberry noted the City does not operate those shelters but he would ask the question. Councilmember Stephens asked about the extension of shelters being open and requested information regarding the number of shelter beds. Deputy City Manager Jeff Mihelich replied the point-in-time count suggests the homeless population is around 300. The Rescue Mission and Catholic Charities have agreed to extend their overflow shelters through May 1 and reported that only 8 nights since January 1 have seen both shelters completely full; therefore, the number of beds needed in the community beyond those provided by the shelters is not that great. Councilmember Stephens asked about the behavior requirements for the shelters. Deputy City Manager Mihelich replied Catholic Charities is a dry shelter; however the Rescue Mission does not have the same rule. Both shelters have specific behavior rules in place in order to benefit the greater whole. Councilmember Cunniff discussed the importance of keeping campers out of Natural Areas and asked about the types of tickets being issued as park violations. Deputy Police Chief Trombley replied those tickets are typically for curfew violations. Councilmember Cunniff noted there were investigations into the claims of sexual assault and rape from 2014. Deputy Police Chief Trombley stated every complaint brought to the Police Department is investigated. Councilmember Cunniff requested additional detail regarding the recent deaths of two homeless individuals. Deputy City Manager Mihelich replied one of the individuals failed the breathalyzer test at Catholic Charities and was sent to the Rescue Mission which reserved a bed for him. Additionally, the man was offered a ride to the Rescue Mission by a police officer, which he declined. Councilmember Cunniff requested a description of what tasks are occurring prior to the consideration of camping ban revisions in the summer. Deputy City Manager Mihelich replied the street outreach program, Outreach Fort Collins, will be launched May 1 and those individuals will make contact with homeless individuals on a regular basis and act as a conduit between business owners, property owners, homeless individuals and the Police Department. Discussions regarding the implementation of the Nashville model will be occurring. Councilmember Cunniff requested Council receive a report on the number of citations issued for park violations, camping, private trespassing, and any other pertinent information. April 5, 2016 City of Fort Collins Page 403 Councilmember Campana thanked the speakers for their kind words related to the evening's proclamations. He discussed the nuances of the camping ordinance and commended the efforts of City staff during the last storm.  CONSENT CALENDAR Councilmember Overbeck withdrew Item No. 14, First Reading of Ordinance No. 043, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and College Avenue Intersection Improvements Project, 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: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the March 15, 2016 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the March 15, 2016 Regular Council meeting. 2. Second Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Road Right-of-Way Alignment. (Adopted) This Ordinance, unanimously adopted on First Reading on March 1, 2016, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct stormwater improvements associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of Lemay Avenue and Suniga Road. The City Utility and the City Engineering Department are collaborating on the design and implementation of two projects to provide public infrastructure in the area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall Project (NECCO) will construct storm drainage improvements, including an underground pipe and detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Road in accordance with the City’s Master Street Plan. The overlapping alignment of the two projects has created an opportunity for the City to acquire the property interests necessary to construct the NECCO project in a timely manner, as well as, procure the right-of-way interests for the future construction of the Lemay Avenue and Suniga Road intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area from three property owners. The acquisitions will include fee simple parcels, permanent easements for drainage, utilities, and elevation changes (slope easements), and temporary construction easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule for the NECCO. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project, only if such action is deemed necessary. April 5, 2016 City of Fort Collins Page 404 3. Items Relating to the Financial Officer's Compromise and Settlement of Disputed Sales, Use and Lodging Tax Claims. (Adopted) A. Second Reading of Ordinance No. 031, 2016, Repealing and Reenacting Section 25-198 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of Sales and Use Taxes. B. Second Reading of Ordinance No. 032, 2016, Repealing and Reenacting Section 25-284 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of the Lodging Tax. These Ordinances, unanimously adopted on First Reading on March 15, 2016, amends City Code to grant the Financial Officer the authority to compromise and settle any actually assessed or potential claim to sales, use and lodging taxes and their related penalties and interest due to the City under Chapter 25 in an amount up to $100,000 and in excess of $100,000 with the City Manager’s approval. The Financial Officer will be required to prepare and retain in Financial Services’ files a written opinion explaining the Financial Officer’s reasons for compromising and settling the claim. A written settlement agreement will also be required for all settlements in excess of $2,500. For Second Reading, the Ordinances have been amended to reflect that in the event the City Manager approves the opinion of the Financial Officer, the City Manager shall notify City Council in writing of such settlement. 4. Second Reading of Ordinance No. 033, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Update the Nuisance Gathering Provision. (Adopted) This Ordinance, unanimously adopted on First Reading on March 15, 2016, amends City Code to update the 2005 nuisance gathering provision to aid law enforcement in effectively addressing problem properties where social gatherings or parties result in unlawful behaviors. 5. Second Reading of Ordinance No. 034, 2016, Amending Section 23-354 of the Code of the City of Fort Collins Regarding Income Targets for the Land Bank Program. (Adopted) This Ordinance, unanimously adopted on First Reading on March 15, 2016, amends City Code to allow communities developed on parcels from the Land Bank Program to be targeted to rental households making 60% area median income, as long as the overall community targets still average no more than 50% area median income. While this does increase the allowable income limits for some units to add flexibility, it requires the resulting community to meet the original target range overall. 6. Second Reading of Ordinance No. 036, 2016, Annexing the Property Known as the Maverik First Annexation to the City of Fort Collins, Colorado. (Adopted) This Ordinance, unanimously adopted on First Reading on March 15, 2016, annexes 1.26 acres located at 4333 East Mulberry Street at the southeast quadrant of I-25 and State Highway 14. The parcel is a portion of the America’s Best Value and Inn and Suites hotel. The Initiating Resolution was adopted on February 9, 2016. The property is located within the I-25 Corridor Plan. A related item to zone the annexed property is presented as the next item on this Agenda. 7. Second Reading of Ordinance No. 037, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Maverik First Annexation to the City of Fort Collins. (Adopted) This Ordinance, unanimously adopted on First Reading on March 15, 2016, zones the property included in the Maverik First Annexation into the General Commercial zone district. April 5, 2016 City of Fort Collins Page 405 8. Second Reading of Ordinance No. 038, 2016, Authorizing the Conveyance of an Access Easement on City Property to Peter and Crystal Harper. (Adopted) This Ordinance, unanimously adopted on First Reading on March 15, 2016, authorizes the conveyance of an access easement on City property to a property owner to use as a driveway access to their residential property. The City of Fort Collins owns a property on Highway 14 near the Munroe Tunnel, upstream from the Water Treatment Plant #1 property. The property was purchased in 1977 in order to manage and protect the City’s water supply. The Harpers own a property adjacent to the City property on which they are building a residential home. The Harpers discovered that a portion of the driveway constructed for their home encroached on the City property. The property owners ceased construction and contacted the City of Fort Collins Real Estate Department to acknowledge the encroachment and request an easement. This Ordinance authorizes City staff to process the conveyance of an access easement to Mr. and Mrs. Harper for the 8,400 square foot area of encroachment of the driveway. 9. Second Reading of Ordinance No. 039, 2016, Appropriating General Fund Reserves for the Construction of a Pedestrian Underpass at Foothills Parkway and College Avenue and Authorizing the City Manager to Enter Into Related Agreements. (Adopted) This Ordinance, unanimously adopted on First Reading on March 15, 2016, appropriates funds to partially fund the construction of the pedestrian underpass at Foothills Parkway and College Avenue as part of the Foothills Mall Redevelopment Project. The Ordinance appropriates $150,000 of City funds from General Fund Reserves and also appropriates another $300,000 from the General Fund Reserves representing monies the City anticipates to soon receive from the Colorado Department of Transportation (CDOT). The underpass project has exceeded the original cost estimated by $600,000. As a result, CDOT has agreed to fund $300,000 of this cost overrun under an intergovernmental agreement with the City (the “CDOT IGA”). Walton Foothills Holdings VI, LLC (the Developer) has requested the City of Fort Collins cover $150,000 of the cost overruns with the Developer contributing the remaining $150,000. The Ordinance also authorizes the City Manager, after consultation with the City Attorney, to enter into the amendment to the Foothills Mall Redevelopment and Reimbursement Agreement and the CDOT intergovernmental agreement that will both be needed to facilitate this additional funding. 10. First Reading of Ordinance No. 040, 2016, Reappropriating Funds Previously Appropriated in 2015 But Not Expended and Not Encumbered in 2015. (Adopted) City Council authorized expenditures in 2015 for various purposes. Some of these authorized expenditures were not spent or could not be encumbered in 2015 because:  there was not sufficient time to complete bidding in 2015 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies, or  the project for which the dollars were originally appropriated by Council could not be completed during 2015 and reappropriation of those dollars is necessary for completion of the project in 2016. The other unexpended funds are needed to carry on programs, services, and facility improvements in 2016 with unspent dollars previously appropriated in 2015 for these purposes. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2015 and reflect no change in Council policies. Monies reappropriated for each City fund by this Ordinance are as follows: General Fund $ 1,102,694 Golf Fund 40,329 Keep Fort Collins Great Fund 1,027,535 Light & Power Fund 276,088 Recreation Fund 91,260 April 5, 2016 City of Fort Collins Page 406 Transportation Fund 84,209 CS&A Fund 187,000 $ 2,809,115 11. First Reading of Ordinance No. 041, 2016, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and Convention and Visitor Program Services. (Adopted) The purpose of this item is to appropriate $378,605, of which $159,265 is proposed for 2016 Cultural Development and Programming Activities (Fort Fund), $19,868 is proposed for 2016 Tourism Programming (Fort Fund), and $199,472 is proposed for 2016 Convention and Visitors Program activities, from a combination of Unanticipated Revenue (Lodging Tax) and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism Programming activities. Between April 2011 and March 2016, based on the prior years’ actual collections, lodging tax revenues were paid to the Fort Collins Convention and Visitors Bureau (the “FCCVB”) under a contract for Cultural Development and Tourism Programming. Anticipated revenue has been projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging Tax revenues collected in 2015 equaled $1,450,960, which was $378,605 above projected collections. 12. First Reading of Ordinance No. 042, 2016, Appropriating Prior Year Reserves in the General Fund for Pool Chlorination System Conversion at Three City of Fort Collins Pools. (Adopted) The purpose of this item is to appropriate $200,000 from prior year reserves in the General Fund to switch pool chlorination systems from chlorine gas to liquid chlorine. During a routine safety audit of the City pools, it was discovered that gaseous chlorine is being used to treat the pool water at all City pools except the Senior Center pool. As safety standards have evolved, best practice is to avoid gaseous chlorine due to the hazard posed to employees and citizens in the event of a failure incident. Conversion of the three City pools now using chlorine gas will enable the City to follow this updated best practice. 13. Resolution 2016-035 Expressing the City Council's Support of Grant Applications for Certain Improvements to Interstate I-25. (Adopted) The purpose of this item is to provide a letter supporting two regional grant applications being submitted seeking improvements and repairs to Interstate 25 (I-25) in Northern Colorado. The grant applications will be submitted April 2016. Colorado Department of Transportation (CDOT) is preparing a Transportation Investment Generating Economic Recovery (TIGER) grant, while the North Front Range Metropolitan Planning Organizations (NFRMPO) is preparing a FASTLANE GRANT. Repairs and improvements sought are in accordance with the final adopted recommendations of the North I-25 Environmental Impact Study (2011). 14. Resolution 2016-030 Approving an Art Project for the Utilities Administration Building and Approving Expenditures from the Utility Project Account to Commission an Artist to Create an Art Project Pursuant to the Art in Public Places Program. (Adopted) The purpose of this item is it to approve expenditures from the Art in Public Places Electric, Water, Wastewater, and Stormwater Utility Funds to commission an artist to create art for the Utility Administration Building Project. The expenditures of $145,936 will be for design, materials, fabrication, electrical connections, installation, and contingency for Andy Dufford of Chevo Studios to create a carved sandstone entryway feature for the new Utility Administration Building. April 5, 2016 City of Fort Collins Page 407 15. Resolution 2016-031 Finding Substantial Compliance and Initiating Annexation Proceedings for the Mountain's Edge Annexation. (Adopted) The purpose of this item is to annex the Mountain’s Edge First Annexation. The applicant, The Landhuis Company c/o Mr. Jeff Mark, has submitted a written petition requesting annexation of 18.516 acres located at 2430 South Overland Trail which presently contains one single family home. The requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to annex land that meets the minimum contiguity requirement, and based on a voluntary petition to annex for the purpose of redeveloping the subject parcel. 16. Resolution 2016-032 Finding Substantial Compliance and Initiating Annexation Proceedings for the East Prospect at Boxelder Creek Annexation. (Adopted) The purpose of this item is to initiate annexation proceedings for a segment of East Prospect Road right-of-way, located east of Summitview Drive and west of the Interstate 25 frontage road. The segment consists of two sections of property for which the City accepted deeds of dedication of right- of-way on March 15, 2016, and two sections of Larimer County right-of-way that are located in the current alignment of East Prospect Road. The segment is 1,084 feet in length and totals 1.76 acres. The two owners of the property the City recently accepted as right-of-way, the Glanzs and K&M Company LLLP, have signed the annexation petition. Larimer County staff has stated that the County is amenable to the annexation of this County right-of-way. The annexation is related to a City utility and street project to construct improvements at the crossing over Boxelder Creek by East Prospect Road. Proposed zoning is a combination of U-E, Urban Estate, and E, Employment consistent with the City Structure Plan. 17. Resolution 2016-033 Making Appointments to the Economic Advisory Commission and Youth Advisory Board (Adopted) The purpose of this item is to appoint Craig Mueller to the Economic Advisory Commission, and Megan Ronquillo and Roshini Narayanan to the Youth Advisory Board to fill board vacancies.  STAFF REPORTS Dr. Keith Elmund, Environmental Services Manager, stated Fort Collins’ water supplies are naturally soft; however, they can easily change pH levels. Water quality is closely monitored and Fort Collins’ corrosion problem with copper first appeared in the sludge at the wastewater treatment plant. Several sites were examined for copper beginning in 1982. The corrosion control plan for the city was implemented in 1984, prior to the EPA lead and copper rule of 1992. Councilmember Campana asked if lead pipes were ever used in Fort Collins. Dr. Elmund replied some annexed areas, such as North College Avenue, did have lead service lines; however, when the meter exchange program occurred, no lead service lines were reported. There are no lead service lines within homes. Councilmember Martinez thanked Dr. Elmund for his presentation. Councilmember Overbeck asked about the process for customers wishing to have water tested. Dr. Elmund replied the City's webpage has contact information for the water quality lab. Councilmember Cunniff asked if the City has a partnership with other water service providers to provide testing. Dr. Elmund replied the City does provide some testing for compliance with the April 5, 2016 City of Fort Collins Page 408 Safe Drinking Water regulations; however, the other service providers have their own independent laboratory for lead and copper testing.  COUNCILMEMBER REPORTS Councilmember Cunniff reported on the Larimer County Wasteshed inaugural meeting and briefly discussed recycling policies and solid waste management. Councilmember Martinez reported on the Art Museum Mask event, the opening of the Fort Collins Activity Center, and shared the Salvation Army’s monthly report. Mayor Pro Tem Horak stated grants are being sought by the Colorado Department of Transportation and other organizations for north I-25 improvements. Mayor Troxell reported on the Wasteshed policy meeting, the City Council retreat and the launch of the bike share program.  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 18. Second Reading of Ordinance No. 035, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms and Increase the Outstanding Loan Balance Available for the On-Bill Utility Loan Program. (Adopted as Amended on Second Reading) This Ordinance, unanimously adopted on First Reading on March 15, 2016, revises the available capital funds for On-Bill Financing (OBF) program from Utilities reserve funds and clarifies interest rate language in relevant Utilities rate ordinances. Between July 2015 and December 2015, the rate of loan participation in the Home Efficiency Loan Program (HELP, aka OBF) increased by 500% over the previous 2+ years. OBF capital comes from Light & Power and Water reserve funds, with the source being determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Council has authorized Utilities to maintain a maximum outstanding balance of $800,000 for the loan program. Based on staff’s recommendation, the Ordinance would increase the maximum outstanding balance limit to $1.6M. The additional funding would be loaned at a 4% interest rate, which is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. Staff plans to return to Council in conjunction with the 2017 rate ordinance with options and recommendations for potential transition to third party capital for OBF. John Phalen, Energy Services Manager, stated the Ordinance, as adopted on First Reading, increases the outstanding loan balance maximum to capitalize the on-bill financing program and would specify the interest rate calculation in the rate ordinances. The City Attorney’s Office has discovered the interest rate calculation requires a formal public notification process which would add a minimum of 30 days to the process; therefore, staff is presenting two options: to continue the entire Ordinance to May 17 for Second Reading or to amend the Ordinance to remove the interest rate language for separate consideration in May. Eric Sutherland disagreed with the City Attorney’s interpretation stating the notice requirement does not apply in this instance. Additionally, he questioned what this accomplishes. April 5, 2016 City of Fort Collins Page 409 Fred Kirsch supported a full performance review of the program and discussed the purpose of the program. Councilmember Overbeck asked how the 4% rate was derived. Phalen replied that number was adopted by Council in January 2015 and was used because it is closer to a market rate while still being attractive for consumers. Councilmember Overbeck asked about the credit check process. Phalen replied it is straightforward and requires a credit score of at least 640. Councilmember Campana asked if internal dialogue has occurred regarding targeting the best audience. Phalen replied in the affirmative and discussed the Efficiency Works Neighborhoods pilot program. However, there is a duty for all eligible customers to be served and it is important to keep the eligibility criteria standard for all. Councilmember Campana discussed the need for a report on the metrics of success. Phalen replied the goals of the program are energy savings, comfort, health and safety. Councilmember Cunniff supported option two. Councilmember Overbeck asked if credit scores are recorded in order to gain information reflective of the community. Phalen replied in the affirmative. Councilmember Stephens supported option two and also supported a full audit of the program with a robust outreach program. City Attorney Daggett outlined the changes which would be made for option two. Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 035, 2016, on Second Reading as amended RESULT: ORDINANCE NO. 035, 2016, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 19. First Reading of Ordinance No. 043, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and College Avenue Intersection Improvements Project. (Adopted as Amended on First Reading) The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. The authorization is only for the six commercial properties at this location. There are two residential properties at the east end of the project that are not included here since work is still underway to further define impacts. These properties will be brought to Council at a later date for authorization. The Prospect Road and College Avenue Intersection Improvements Project is a collaborative project between the City of Fort Collins and Colorado State University (CSU). The project will construct road and intersection improvements, multimodal enhancements, utility improvements, and access control April 5, 2016 City of Fort Collins Page 410 improvements. On the west leg of the intersection, these improvements are consistent with the recommendations in the West Central Corridor Plan. Colorado State University (CSU) is developing a medical center on property they own at the northwest corner of the College Avenue and Prospect Road intersection. This development will require the construction of road improvements adjacent to their development and within Prospect Road. The improvements to be made at the northwest corner have presented an opportunity for the City to construct other needed multimodal improvements at the intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions will include right-of-way, permanent easements, and temporary easements from six property owners. Staff has met with the affected owners and is working to address individual property owner considerations. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for the six commercial property acquisitions for the Project only if such action is deemed necessary. Eric Sutherland opposed the City’s use of the eminent domain process. Kevin Harper stated he is a property owner in the area and encouraged the consideration of a plan which is less invasive for his property and others. Councilmember Overbeck requested an overview of the eminent domain process. Rick Richter, Director of Infrastructure Services, stated this action is the very beginning of the process and would allow for negotiations with property owners to begin. This item involves 6 commercial properties which have all been notified and with whom meetings have occurred. Councilmember Overbeck asked about the plan for mitigation of traffic impacts related to the construction. Richter replied a phasing plan and detailed traffic plan will be developed over the next year to ensure access to businesses and properties. City Manager Atteberry noted the entire Prospect corridor will be affected by various projects and a significant outreach effort will occur. Richter detailed aspects of the outreach program. Councilmember Martinez commended the plan and outreach efforts for the Horsetooth and Timberline intersection improvements. City Manager Atteberry stated he will provide a written report regarding the planned efforts regarding traffic calming. Councilmember Campana cited several examples of successful projects and traffic re-routing. Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 043, 2016, on First Reading. City Manager Atteberry noted a language change in the Ordinance which should indicate 2017 rather than 2016. Councilmember Overbeck stated he would oppose the motion due to the lack of a detailed plan. Mayor Pro Tem Horak stated the detailed plan does not need to be completed for a year. Mayor Troxell noted the City has been quite judicious with its use of eminent domain. April 5, 2016 City of Fort Collins Page 411 Councilmember Stephens stated she would support the motion as there are serious safety concerns in the area. RESULT: ORDINANCE NO. 043, 2016 ADOPTED AS AMENDED ON FIRST READING [6 TO 1] MOVER: Gino Campana, District 3 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak NAYS: Overbeck (Secretary's Note: The Council took a brief recess at this point in the meeting.)  DISCUSSION ITEMS 20. Items Relating to Dust Prevention and Control. (Adopted on First Reading) A. First Reading of Ordinance No. 044, 2016, Amending Chapter 12 of the Code of the City of Fort Collins Related to Particulate Matter Emissions. B. First Reading of Ordinance No. 045, 2016, Amending the Fort Collins Land Use Code by the Addition of Provisions Pertaining to Dust Prevention and Control. The purpose of this item is to implement regulations and a set of consistent best practices (Dust Control Manual) for twelve specific activities that generate dust in order to reduce health impacts and nuisances associated with dust generating activities. Per Council direction during the February 9 Work Session, staff has developed an exception for small residential projects (less than 10,000 square feet), whereby these projects do not have to employ the Dust Control Manual to prevent, control, and minimize dust generation unless two written warnings have been issued within a one year period. In addition to the regulations and set of best practices outlined in the Dust Control Manual, staff has developed and is implementing a tracking system for fugitive dust complaints. In addition, per Council direction, the City has enacted an Administrative Policy applying the Dust Control Manual to all City projects, so that the City is leading by example. Lucinda Smith, Environmental Services Director, stated this item involves two Ordinances: one adopts changes to City Code to incorporate the Dust Manual and one makes minor conforming changes to the Land Use Code. Smith discussed problems relating to fugitive dust, outlined the public outreach process to this point, and stated the Dust Manual was adopted into City administrative policy on March 22, to be effective immediately for City operations. Lindsay Ex, Environmental Program Manager, addressed questions raised by Council at its February 9 work session. The cost impact to single-family homes could range from $700- $15,000 to implement the Manual. In terms of monitoring and tracking, staff has placed a tracking system online and four complaints have been registered in this calendar year. Ex detailed the hybrid approach proposed by staff, stating the proposal is for the Manual to be used as the standard for all commercial projects and for residential projects over 10,000 square feet. The dust control checklist would be provided for all construction projects and staff is recommending the entire Manual apply to any construction project after two written warnings. Official enforcement will begin November 1 after significant public outreach. April 5, 2016 City of Fort Collins Page 412 John Shenot supported adoption of the proposed Ordinances, or even stronger versions thereof. Councilmember Stephens requested detail regarding the online complaints submitted thus far. Ex replied one of the properties was 4 acres and the others were larger in size. Councilmember Campana discussed changes he would like to see in the Ordinance and noted full elimination of fugitive dust will be difficult given our dry climate and high winds. Councilmember Cunniff discussed the CSU medical center project at Prospect and College expressing concern about the level of dust at that site. Ex noted the project is not under the City's jurisdiction; however, the City's understanding is that CSU did apply other best management practices on that site. Councilmember Cunniff asked if a stop work order is issued if compliance does not occur for a project. Ex replied an additional best management practice step is required if the required best management practices are unsuccessful at preventing off-property fugitive dust. If a project is following the Manual, they are considered to be in compliance. Councilmember Cunniff suggested some type of additional citation should a property owner consistently produce dust nuisances without following the practices. Judy Schmidt, Senior Assistant City Attorney, replied this Ordinance states it is a violation if the Manual is not followed; however, this does not affect the existing nuisance ordinance at this point. Councilmember Cunniff asked how staff arrived at the 10,000 square foot number. Ex replied that number is aligned with erosion control standards and adequately balances housing affordability with air quality protection. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 045, 2016, on First Reading. Councilmember Martinez asked which of the negative effects of fugitive dust is the most harmful. Smith replied the most concerning impacts are health related; however, because there is no clear way to track direct health impacts from dust, the nuisance impacts are likely the most chronic. Councilmember Martinez asked how these requirements will be affected by wind speed. Ex replied the Manual states work is to be halted temporarily should wind speeds exceed 30 miles per hour, and that is a standard practice for contractors in the community. Councilmember Campana discussed the difficulties in enforcing these types of regulations for the building of single-family homes and suggested a motion to change the Ordinance to increase the threshold to 5 acres of disturbed land. City Attorney Daggett pointed out the Ordinance currently being discussed is Ordinance No. 044, 2016. April 5, 2016 City of Fort Collins Page 413 Mayor Pro Tem Horak and Councilmember Cunniff tabled the discussion of Ordinance No. 045, 2016 until the conclusion of the discussion of Ordinance No. 044, 2016. Yeas: Stephens, Overbeck, Cunniff, Martinez, Campana, Horak and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 044, 2016, on First Reading as amended with the threshold being changed from 10,000 square feet to 5 acres of disturbed land. Schmidt discussed necessary wording changes which would be required to meet the purpose of Councilmember Campana's motion. City Attorney Daggett further clarified the necessary wording changes. Councilmember Cunniff expressed concern regarding the change to 5 acres and stated he could potentially support 2 1/2 acres. Councilmember Campana noted any project is referred to the Manual after two citations anyway. Councilmember Cunniff asked how enforcement staff is financed. Ex replied staff has recommended decentralizing the enforcement to involve appropriate departments rather than increasing staff for enforcement of this issue. Smith stated Environmental Services is considering a budget offer not just to support dust enforcement, but to support various environmental protection codes. Mayor Pro Tem Horak asked how the City's road construction projects will be affected by this Ordinance. Smith replied that is a function of when contracts were signed and staff is working to convert existing contracts; however, all future contracts will include dust mitigation. Mayor Pro Tem Horak suggested CSU should be encouraged to follow these types of requirements in their construction projects. City Manager Atteberry replied he would discuss this topic with Dr. Frank. Mayor Pro Tem Horak requested staff provide information regarding the number of projects this would affect in terms of project size prior to Second Reading. Councilmember Cunniff requested additional information as well as the definition of disturbed area prior to Second Reading. Mayor Pro Tem Horak and Councilmember Stephens discussed the importance of ensuring the property size is correct and evaluating the program after a year. Councilmember Cunniff stated he would support the motion; however, should the metrics show something different on Second Reading, he may change his mind. Mayor Troxell commended the formation of the Manual and expressed appreciation for the discussion and comments. April 5, 2016 City of Fort Collins Page 414 RESULT: ORDINANCE NO. 044, 2016 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 045, 2016, on First Reading. Schmidt stated Ordinance No. 045, 2016, will be evaluated prior to Second Reading in order to address any necessary changes resulting from the changes to Ordinance No. 044, 2016. RESULT: ORDINANCE NO. 045, 2016 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 21. First Reading of Ordinance No, 046, 2016, Appropriating Prior Year Reserves in the General Fund and the Light and Power Fund and Transferring Appropriations from the Light and Power Fund to the General Fund for 2016 Projects Associated with the 2020 Climate Action Plan (CAP) Strategic Plan. (Adopted on First Reading) The purpose of this item is to appropriate $230,510 from the General Fund and $245,483 from the Light and Power Fund to initiate four projects in the CAP that have been identified for immediate action and investment based on guidance provided by the City Council. Deputy City Manager Jeff Mihelich stated the City is now 9% below its 2005 data in terms of greenhouse gases. Lindsay Ex, Environmental Program Manager, discussed the four initiatives which are included in this item: one would aim to make energy efficiency a part of the home-buying decision, the second is a set of enabling initiatives regarding the implementation infrastructure, the third is the CAP pilot projects an innovation fund, and the fourth is a biomass burner feasibility study. Mihelich briefly discussed the proposed funding structure for the initiatives. Kevin Gertig, Utilities Executive Director, stated Platte River Power Authority has agreed to move forward with and fund the study encouraged by the City. Kevin Cross, Fort Collins Sustainability Group, expressed support for the Ordinance. Eric Sutherland discussed the need for basic programs such as metal recycling and opposed further studies of topics which have already been studied. Mike Truett discussed the Home Score program and supported the program staff has chosen for benchmarking. Councilmember Cunniff commended work on this item and stated he is looking forward to further significant work April 5, 2016 City of Fort Collins Page 415 Mayor Troxell asked if staff has looked into data accessibility in terms of the Home Score program. Ex replied the funding of this initiative is around program design; therefore, those specifics have not yet been decided. Councilmember Martinez asked if there are existing studies on the topic of biomass burners. Honore Depew, Environmental Planner, replied the City has been working with the Colorado Forest Service to develop an engineering design and operation plan for a specific location within the City if it is deemed to be feasible. The plan would address specific heat and energy needs at the specific facility. Deputy City Manager Mihelich stressed that the funding will allow for the necessary studies and help create the partnerships needed to meet Fort Collins' aggressive goals. City Manager Atteberry discussed the importance of the staffing additions and stated this is a conservative proposal. Councilmember Martinez asked if this program will relate to the federal Energy Star program. Ex replied the City will always be looking to leverage existing programs; however, this initiative relates to the development of a program specific to Fort Collins. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 046, 2016, on First Reading. Councilmember Campana noted the biomass feasibility study will also result in the beginnings of facility design. Mayor Pro Tem Horak requested additional information regarding the financial analyst and CAP Manager positions prior to Second Reading. Council and staff had a conversation regarding internal candidate hiring and external candidate searches. Mayor Pro Tem Horak stated he would like to see information regarding programs which have no data supporting desired results and information regarding utilizing those resources for other programs which will achieve results. City Manager Atteberry replied staff will be evaluating that topic prior to the budgeting process. RESULT: ORDINANCE NO. 046, 2016 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 22. Items Relating to the Social Host Civil Citation. (Adopted on First Reading) A. First Reading of Ordinance No. 047, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Prohibit a Social Host from Allowing the Possession or Consumption of Ethyl Alcohol or Marijuana by Persons Under Twenty-One Years of Age. B. First Reading of Ordinance No. 048, 2016, Amending Chapter 19 of the Code of the City of Fort Collins to Modify the Rules for Civil Infractions Related to Immediate Service of a Social Host Civil Citation. April 5, 2016 City of Fort Collins Page 416 The purpose of these items is to consider implementing a Social Host Ordinance to prohibit a person from allowing the possession or consumption of ethyl alcohol or marijuana by persons under the age of twenty-one, and to allow for the immediate service of a civil citation in the event of a violation of such Ordinance. Tom Leeson, Community Development and Neighborhood Services Director, stated staff has worked hard to engage the community with stakeholder groups, public meetings, articles in local media, and a community questionnaire. Delynn Coldiron, Neighborhood Services Manager, stated this Ordinance provides another way to deter underage drinking and consumption of marijuana, enhances enforcement options, and helps facilitate non-nuisance party situations. She detailed penalties for infractions and stated staff is recommending this not be tied to the public nuisance ordinance at this time. Coldiron discussed exemptions under the Ordinance and concerns raised by various stakeholder groups. Staff is recommending adoption of the Social Host Ordinance in order to provide a civil citation option as well as to enable the gap relating to non-nuisance parties to be filled. Gordon Coombes, Team Fort Collins, supported adoption of the Ordinance. Timothy Miller opposed the Ordinance stating it would not be effective at the college level. Juan Carlo, ASCSU Senator, opposed the Ordinance expressing concern it is discriminatory toward CSU students. Jason Sydorak, ASCSU President, opposed the Ordinance stating the data is insufficient to determine whether the Ordinance would be effective. He discussed the importance of inspiring responsibility. Councilmember Overbeck requested additional information regarding responsibility for a private place. Coldiron replied renters are responsible for private places, not property owners. Councilmember Overbeck requested information regarding the numbers of parties addressed by Fort Collins Police. Jeremy Yonce, Police Services, replied the exact data could be provided; however, it is not uncommon to have 15 or 20 calls in one night. Councilmember Stephens asked if most parties are covered by the nuisance ordinance. Yonce replied in the affirmative and stated this Ordinance would address situations in which underage drinking is occurring and a disturbance to neighbors is not occurring. Councilmember Stephens asked how parties fitting this description would be identified if no disturbance is occurring. Yonce replied various reports are called in either anonymously or as other concerns. He noted the Social Host civil violation would not be part of an individual's criminal record. Councilmember Martinez asked if a hearing officer will need to be hired to address these issues. City Attorney Daggett replied the Code provides for the Municipal Judge to appoint a referee to hear civil infraction cases. Councilmember Martinez asked if extra funding would be needed should individuals appeal their civil infractions. April 5, 2016 City of Fort Collins Page 417 Yonce noted an individual cited with a civil infraction also has the option to have their appeal case be heard before a judge. Bronwyn Scurlock, Assistant City Attorney, stated an appeal of a case heard by the referee would go before the Municipal Judge; if that is appealed, the case goes to the District Court. She acknowledged the referee would be paid by the hour. Councilmember Martinez asked if Police takes a zero tolerance stand on parties. Yonce replied he would hesitate to say there is a zero tolerance policy; however, officers do write tickets in most circumstances when a complaint regarding a party has been received. The ability for the officers responding to a party to write individual underage consumption tickets is extremely limited. Councilmember Martinez expressed concern this may be a solution looking for a problem and Police has the tools necessary to address underage drinking. Yonce replied there are no tools available to address the person hosting underage drinking parties and the nuisance ordinance would not apply if there is no violation to begin with. City Attorney Daggett pointed out the Financial Impact section of the Agenda Item Summary notes there may be minor financial impacts to the Municipal Court and to the City Attorney's Office, dependent on the level of enforcement activity. Mayor Troxell asked how this Ordinance would affect party registration. Yonce replied party registration only applies to noise violations. Councilmember Campana asked if an anonymous call regarding an underage drinking party is enough probable cause for Police to enter the property. Yonce replied anonymous reports are not probable cause; however, officers can develop their own probable cause based on observations. Knocking on someone's door and talking to them, however, does not require probable cause. Councilmember Martinez asked if civil infractions must be proven beyond a reasonable doubt. City Attorney Daggett replied those cases must be proven by a preponderance of evidence. Councilmember Campana discussed the niche nature of the problem being addressed by this Ordinance. Councilmember Martinez expressed concern the Ordinance appears to be targeting students. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 047, 2016, on First Reading. Councilmember Martinez noted there is no hard data supporting the effectiveness of a social host ordinance in other communities and questioned how Fort Collins will measure its success. Coldiron replied staff will research the appropriate measures and metrics. Councilmember Martinez discussed the dichotomy between the City's expansion of marijuana licenses and its statements that marijuana is a health concern in the community. April 5, 2016 City of Fort Collins Page 418 Councilmember Campana asked what drove the desire for this Ordinance. Coldiron replied the ability to address non-nuisance parties and the ability to have a softer response or civil infraction option were drivers. Councilmember Campana asked why this will be successful in Fort Collins when other communities cannot provide data indicating its success. Laurie Kadrich, Planning, Development and Transportation Director, replied this issue first surfaced because other communities were having great success with this type of Ordinance. This Ordinance provides an additional tool to address underage drinking in terms of neighborhood livability and law enforcement. Councilmember Cunniff thanked staff for work on the issue and expressed support for the Ordinance. He requested more detailed answers to Council's questions prior to Second Reading and suggested a review after one year. Councilmember Stephens stated this Ordinance does address a gap and this will deter people from hosting underage drinking parties. Councilmember Overbeck stated the Police Department received over 3,000 calls to respond to parties in 2013 and supported adoption of the Ordinance. Councilmember Martinez stated he needs to see proof such an Ordinance will work from other communities prior to agreeing to support its adoption. Councilmember Campana stated he would support the motion but acknowledged the importance of addressing Councilmember Martinez's questions. Mayor Pro Tem Horak discussed the importance of having another tool to address underage drinking and marijuana use. City Manager Atteberry noted the public process behind this Ordinance was an exploration and this is a tool that helps fill an important gap. He assured Council a very clear statement about the desired outcome and an outline of measures of success will be provided. Mayor Troxell stated this Ordinance is limited in scope and will fulfill the need of addressing responsible adult behavior. RESULT: ORDINANCE NO. 047, 2016 ADOPTED ON FIRST READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak NAYS: Martinez Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 048, 2016, on First Reading. April 5, 2016 City of Fort Collins Page 419 RESULT: ORDINANCE NO. 048, 2016 ADOPTED ON FIRST READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak NAYS: Martinez Extension of the Meeting Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to suspend the rules to extend the meeting to midnight to consider Agenda Item No. 23 plus any additional business that should come before Council. RESULT: Motion to Extend Meeting past 10:30 p.m. MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak NAYS: Martinez 23. Resolution 2016-034 Appointing a Councilmember as a Representative to the Boxelder Basin Regional Stormwater Authority Board of Directors. (Adopted) The purpose of this item is to appoint a representative from the City of Fort Collins to the Boxelder Basin Regional Stormwater Authority (BBRSA) Board of Directors. Ken Sampley has served as the City representative since June 17, 2010. The City Council has expressed a desire to appoint one of its members to the Board of Directors. Mr. Sampley will remain involved as a subject matter expert supporting the Board representative. Jon Haukaas, Water Engineering Field Operations Manager, stated this item appoints the City’s representative to the Boxelder Stormwater Authority. Ken Sampley, Utilities Water Systems Engineering Manager, has acted in this role since 2011. Eric Sutherland stated the Town of Timnath is not a financial partner; therefore, Fort Collins is paying Timnath’s share. He further asserted that Ken Sampley was never duly appointed to the position and argued Mr. Sampley’s signature on a loan agreement makes it invalid. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2016-034 with the name of Mayor Pro Tem Horak inserted as the appointee. Mayor Pro Tem Horak commended Mr. Sampley's work. City Manager Atteberry stated Mr. Sampley's appointment was appropriate and commended his work. Mayor Troxell commended Mr. Sampley's work. April 5, 2016 City of Fort Collins Page 420 RESULT: RESOLUTION 2016-034 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  OTHER BUSINESS Councilmember Martinez asked if an individual receiving a civil citation per the Social Host Ordinance is entitled to a public defender. City Attorney Daggett replied she would follow up with a certain answer. Councilmember Martinez questioned the legality of the individual with no name speaking before Council and making an accusation such as the one made during public participation. City Attorney Daggett replied she would follow up with additional information.  ADJOURNMENT The meeting adjourned at 11:56 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk