HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/02/2015 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE MAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY June 2, 2015
City Council
STAFF
Sara Gonzales, Council Agenda Coordinator
SUBJECT
Consideration and Approval of the Minutes of the May 5 and May 19, 2015 Regular Council Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the May 5 and May 19, 2015 Regular Council
meetings.
ATTACHMENTS
1. May 5, 2015 (PDF)
2. May 19, 2015 (PDF)
City of Fort Collins Page 121
May 5, 2015
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, Nelson
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry withdrew the Downtown Update and Senior Center staff reports.
Consent Agenda Item No. 7, 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 Within the City, has been
moved to the discussion agenda in order to consider a possible continuation to May 19.
CITIZEN PARTICIPATION
Nancy York congratulated newly elected Councilmembers and requested the upcoming Council
retreat be videotaped for broadcast on Cable 14 in order to increase transparency.
Stacy Lynne discussed a notice of claim filed against the City, Police Services, the Larimer
County Sherriff’s Office and the 8
th
Judicial District.
Charles David Ham congratulated newly elected Councilmembers and commended City
Manager Atteberry on his work. He opposed the direction the City and CSU are taking in
controlling population growth. He provided various suggestions for controlling growth and
opposed the on-campus stadium.
Eric Sutherland opposed the signature verification process for the municipal election and
discussed a lawsuit he has filed claiming voters were misled.
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell disagreed with Ms. Lynne’s assertions and stated he stands by his earlier
comments.
Councilmember Martinez asked if the population increase data provided by Mr. Ham is correct.
City Manager Atteberry replied the City’s ultimate build-out is expected to be between 25 and 32
years from now at a population of 255,000 in the growth management boundary. Currently, the
City’s population is approximately 158,000.
City of Fort Collins Page 122
Mayor Pro Tem Horak requested a follow-up regarding the signature verification process and
potential plans for changes in the future.
Councilmember Cunniff stated Council did not opt to have its retreat videotaped; however, he
encouraged that decision to be reviewed in the future.
Mayor Troxell noted there is a possibility of the retreat location being moved closer to the city
center. City Manager Atteberry replied the Saturday evening portion of the retreat will be in the
downtown area and the Sunday location has yet to be determined, but is likely to be the
Innosphere. Additionally, he noted the City will provide transportation to the retreat for any
individuals needing that service.
CONSENT CALENDAR
Mayor Pro Tem Horak withdrew Item No. 3, Second Reading of Ordinance No. 048, 2015,
Authorizing the Conveyance of City Property to Walnut Street 354, LLC, from the Consent
Calendar.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the March 3, March 17 and April 21, 2015,
Regular Council meetings and the February 27 and March 24, 2015 Adjourned Council
Meetings. (Adopted)
The purpose of this item is to approve the minutes from the March 3, March 17 and April 21, 2015
Regular Council meetings and the February 27 and March 24, 2015 Adjourned Council Meetings.
2. Second Reading of Ordinance No. 044, 2015, Reappropriating Funds Previously Appropriated
in 2014 But Not Expended and Not Encumbered in 2014. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 21, 2015, reappropriates 2014
appropriations approved by City Council that lapsed at the end of 2014. The authorized
expenditures were not spent and could not be encumbered in 2014 because there was not sufficient
time to complete bidding in 2014 and therefore, there was no known vendor or binding contract as
required to expend or encumber the monies; the project for which the dollars were originally
appropriated by Council could not be completed during 2014 and reappropriation of those dollars is
necessary for completion of the project in 2015; or to carry on programs, services, and facility
improvements in 2015 with unspent dollars previously appropriated in 2014.
3. Second Reading of Ordinance No. 049, 2015, Designating the Holmes/Manges Property, 1202
LaPorte Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 21, 2015, designates the
Holmes/Manges property, 1202 LaPorte Avenue as a Fort Collins Landmark. The owner of this
property, Sharon Manges, is initiating this request.
City of Fort Collins Page 123
4. Second Reading of Ordinance No. 050, 2015, Designating the Longyear Property, 719
Remington Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 21, 2015, designates the Longyear
Property, 719 Remington Street, as a Fort Collins Landmark. Owner James Danella is requesting
this designation.
5. Second Reading of Ordinance No. 052, 2015, Amending Chapter 26 of the Code of the City of
Fort Collins to Allow for the Waiver of Certain Requirements for a Temporary Connection to
the Water System as an Irrigation Source for the Establishment of Native Vegetation.
(Adopted)
This Ordinance, unanimously adopted on First Reading on April 21, 2015, amends City Code to
allow the Utilities Executive Director the option to waive the water plant investment fee (WPIF) for
projects that only require irrigation for the establishment of native vegetation during the first three
years of growth. The City has actively pursued native vegetation for greenspaces and landscaping
as a means to reduce long term demand and improve the sustainability of water availability in our
region. Successful establishment of such vegetation typically requires irrigation in its first two to
three years. After establishment, it can be successful with only the limited natural precipitation of the
area. City Code requires that all connections to the water utility pay a WPIF. With this change, the
Utilities Executive Director may waive the WPIF for projects that only require irrigation for the
establishment of native vegetation during these first three years of growth. All charges for water use
would be due by the requesting customer as well as the costs to disconnect at the end of that period.
After further discussion, this item was modified to apply to any project meeting these goals. The
Ordinance has been amended on Second Reading to revise the definition of native vegetation.
6. First 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. (Adopted)
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.
7. First Reading of Ordinance No. 055, 2015, Vacating Right-of-Way as Dedicated on a Plat of
Registry Ridge Fourth Filing. (Adopted)
The purpose of this item is to vacate 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.
8. First Reading of Ordinance No. 056, 2015, Vacating Portions of the Rights-of-Way as
Dedicated on the Plat of Riverside Park. (Adopted)
The purpose of this item is to vacate portions of College Avenue right-of-way at the southwest corner
of North College Avenue and Pinion Street.
City of Fort Collins Page 124
9. Resolution 2015-048 Making Board and Commission Liaison Assignments and Various
Committee, Board and Authority Appointments. (Adopted)
The purpose of this item is to make Councilmember liaison assignments to boards and commissions
and make various committee, board and authority appointments.
STAFF REPORTS
City Manager Atteberry announced Public Employee Appreciation week.
Mayor Troxell presented the 2015 City Employee awards. Jason Graham, Lindsay Kuntz, and
Jackie Pearson received the Standard of Excellence award. Armando DeLaSantos, Lisa Robles
and Carl Sanders received the Customer Service award. Doreen Kemp, Robert St. John and
Grant Smith received the Vision, Values and Mission award. The Advanced Meter
Infrastructure team, Cemeteries team, and the Transfort team received awards for Superior
Customer Service, representing the City’s Vision, Mission and Values and setting a Standard of
Excellence.
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on a tour of the Murphy Center.
Councilmember Cunniff reported on his receipt of $12 in the mail which he will donate to Save
the Poudre.
Councilmember Martinez reported on his participation in the International Student dinner at
CSU. He thanked City Manager Atteberry for the community updates and reports. Additionally,
he reported on his attendance at the Quest for Excellence lunch and asked City Manager
Atteberry to report on the award received by the City. City Manager Atteberry discussed the
City’s participation in the Rocky Mountain Performance Excellence Program.
Mayor Pro Tem Horak reported on his participation at a Teaching Tree fundraiser and suggested
the inclusion of sliding scale daycare facilities in new buildings. Additionally, he reported on the
Platte River Power Authority Board meeting and Poudre Fire Authority’s approval of an
agreement with UC Health to provide ambulance service. Mayor Pro Tem Horak also reported
on his attendance at the Resilient City Summit.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
10. Second Reading of Ordinance No. 048, 2015, Authorizing the Conveyance of City Property to
Walnut Street 354, LLC. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 21, 2015, conveys approximately
3,800 square feet of City property to Walnut Street 354, LLC for utilization in the development of a
downtown hotel and convention center at 354 Walnut Street, the former location of the Armadillo
Restaurant. The property will be purchased by the developer at fair market value, as determined by
the City. Additionally, the conveyance will be subject to a public access and utility easement
reservation which allows the subject property to continue to be utilized for these purposes, just as it
is today.
Mayor Pro Tem Horak stated community members have expressed concern regarding the
possible demolition of the garage at 354 Walnut Street.
City of Fort Collins Page 125
Lucia Liley, attorney representing Walnut Street 354, LLC, stated the garage will not remain on
the site due to size constraints of the property as it has not been determined to be eligible for
historic status. However, the developer is planning to individually remove bricks from the
garage and give them to the Downtown Development Authority board for reuse.
Eric Sutherland questioned whether or not the City owns the property and requested assurance no
conflicts of interest are present regarding the developer and the DDA board. Additionally, he
discussed tax increment financing.
Councilmember Cunniff requested information regarding the City's ownership of the property.
Patrick Rowe, Real Estate Services, replied the City does own the property by recorded deed.
Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 048, 2015, on Second Reading.
Councilmember Cunniff stated he would support the conveyance of the property.
RESULT: ORDINANCE NO. 048, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
DISCUSSION ITEMS
11. Items Relating to Appropriation of Funds to Reimburse Woodward, Inc. For Development
Fees, Capital Improvement Expansion Fees and Use Tax. (Adopted on First Reading)
Option 1:
First Reading of Ordinance No. 057, 2015, Appropriating Prior Year Reserves in the General Fund to
Reimburse Woodward, Inc. for Development Fees, Capital Expansion Improvement Fees, and Use
Tax.
Option 2:
First Reading of Ordinance No. 058, 2015, Appropriating Prior Year Reserves in the General, Capital
Expansion, and Street Oversizing Funds to Reimburse Woodward, Inc. for Development Fees,
Capital Expansion Improvement Fees, and Use Tax.
The purpose of this item is to appropriate $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. The Council is presented
with two options. Option 1 is an ordinance that would appropriate all rebates from the General
Fund’s prior year reserves. Option 2 is an ordinance that would also appropriate 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. Council should adopt only
one of the proposed options; the other ordinance will be withdrawn.
City of Fort Collins Page 126
Mike Beckstead, Chief Financial Officer, stated this is not a new incentive but is tied to the
incentive package approved by Council in 2013 and is related to rebates of certain types of fees
paid by Woodward. Capital expansion fees, including street oversizing, could be rebated out of
the capital improvement expansion fund rather than the general fund should Council desire. This
is the first time the City has rebated capital expansion fees as part of a financial incentive
package.
Eric Sutherland stated the decision made by Council in 2013 regarding the rebates is not binding
to this Council. He discussed violations of public finance law.
Councilmember Martinez asked what option is being recommended by staff. Beckstead replied
flexibility is an asset and expressed support for Option 2.
Councilmember Martinez commended Beckstead on his work, particularly related to public
finance.
Councilmember Cunniff discussed the importance of predictability and purposing of fee
revenues. He stated the General Fund should be used to provide for economic development and
other activities and supported Option 1.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 058, 2015, Option 2.
Councilmember Cunniff requested a discussion regarding the rationale of support for Option 2.
Councilmember Martinez cited the staff recommendation.
City Manager Atteberry withdrew Ordinance No. 057, 2015, therefore requiring no further action
by Council regarding this Ordinance.
RESULT: ORDINANCE NO. 058, 2015, ADOPTED ON FIRST READING [5 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
12. Items Relating to Appointments of Councilmembers as the Planning and Zoning Board
Liaison, Downtown Development Authority Board Member, and City/Colorado State
University Leadership Committee Members. (Adopted)
A. Resolution 2015-049 Appointing a Council Liaison to the Planning & Zoning Board.
B. Resolution 2015-050 Appointing a Council Representative and Alternate to the Downtown
Development Authority Board.
C. Resolution 2015-051 Appointing Council Representatives to the City/Colorado State University
Leadership Committee.
The purpose of this item is to make Councilmember liaison assignments to the Planning and Zoning
Board, the Downtown Development Authority, and the City/Colorado State University Leadership
Committee.
Mayor Troxell stated this item would make Council liaison appointments to the Planning and
Zoning Board, Downtown Development Authority, and the City/CSU Leadership Committee.
City of Fort Collins Page 127
Eric Sutherland requested Council pay attention to ambiguous language which permitted the
extension of the DDA. Additionally, he discussed tax increment finance.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2015-049, appointing Councilmember Martinez as the Planning and Zoning Board
liaison.
RESULT: RESOLUTION 2015-049 ADOPTED [4 TO 3]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Campana, Troxell, Horak
NAYS: Stephens, Overbeck, Cunniff
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2015-050, appointing Councilmember Martinez as the DDA liaison and
Councilmember Campana as the alternate DDA liaison.
Councilmember Cunniff expressed concern this appointment violates Council unadopted
precedent that a Councilmember should be given the opportunity to continue a liaison
appointment.
Mayor Troxell stated there has never been any written policy regarding liaison appointments.
RESULT: RESOLUTION 2015-050 ADOPTED [4 TO 3]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Campana, Troxell, Horak
NAYS: Stephens, Overbeck, Cunniff
Councilmember Martinez made a motion, seconded by Mayor Pro Tem Horak, to adopt
Resolution 2015-051, appointing Mayor Troxell and Councilmember Campana as
representatives on the City/CSU Leadership Committee.
RESULT: RESOLUTION 2015-051 ADOPTED [4 TO 3]
MOVER: Ray Martinez, District 2
SECONDER: Gerry Horak, District 6
AYES: Martinez, Campana, Troxell, Horak
NAYS: Stephens, Overbeck, Cunniff
13. 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 Within the City. (Postponed to
May 19, 2015)
City of Fort Collins Page 128
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.
City Manager Atteberry recommended continuing this item to May 19 for additional work.
Mayor Pro Tem Horak asked if postponement to a later date would be beneficial.
Kelly DiMartino, Assistant City Manager, replied this item would extend the current Comcast
agreement through July 31. She stated Council will have the option to extend the agreement
beyond that date at the May 19 hearing.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to postpone this
item to May 19.
RESULT: POSTPONED TO MAY 19, 2015 [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 7:50 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 129
May 19, 2015
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, Nelson
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated item the Resolution number for Item No. 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) has been amended.
CITIZEN PARTICIPATION
Cheryl Distaso, Fort Collins Community Action Network, read a Soap Box article written by an
individual regarding the destruction of stored personal belongings at the Murphy Center.
Britton (no last name given) continued reading the article started by Ms. Distaso.
Fred Kirsch, Community for Sustainable Energy, encouraged the placement of energy grade
disclosure information in advertising for building rents or leases. Additionally, he requested
adoption of language which would require these disclosures.
Nancy York read a letter from several local groups who oppose the proposed Old Town Square
natural gas fire pit.
John Anderson discussed Council’s position on corporate personhood and campaign finance and
the importance of earning respect.
Chris Snuck announced Fort Collins Startup Week at the Lincoln Center.
David Ham discussed Fort Collins’ population statistics and applauded the work done by
Planning Director Cameron Gloss.
Desiree Fiske commended the Climate Action Plan and announced the Worldwide Views on
Climate Change and Energy meeting to be hosted by CSU.
LeAnne Garfield Massey, Respite Care Executive Director, thanked Council for the funding
recommendation received as part of the spring competitive process.
Seth Kelly, Base Camp Executive Director, thanked Council for the funding recommendation
received as part of the spring competitive process.
City of Fort Collins Page 130
Kevin Cross, Fort Collins Sustainability Group, encouraged staff to develop mid-cycle budget
offers focused on Climate Action Plan implementation.
Joanne Vandewall, Elderhaus Adult Day Program, thanked Council for the funding
recommendation received as part of the spring competitive process.
Hamidah Glasgow, Center for Fine Art Photography Executive Director, thanked the Cultural
Resources Board for its Fort Fund grant funding recommendation.
Laurie Klith, Center for Family Outreach Executive Director, thanked Council for the funding
recommendation received as part of the spring competitive process.
Laurie Sand, Center for Fine Art Photography Boardmember, thanked the Cultural Resources
Board for its Fort Fund grant funding recommendation.
Krista Chause, Child Safe, thanked the Cultural Resources Board for its Fort Fund grant funding
recommendation.
Herman Tierman, La Familia, thanked the Cultural Resources Board for its Fort Fund grant
funding recommendation.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez expressed appreciation for the non-profit representatives who attended.
Councilmember Stephens expressed appreciation for the CDBG Commission, Cultural
Resources Board, and staff who worked on the spring competitive process funding
recommendations.
Councilmember Campana discussed his attendance at the DDA meeting during which John
Phelan from Utilities gave a presentation regarding meeting Climate Action Plan goals.
Additionally, he discussed the Murphy Center and Serve 6.8’s contributions to the community.
Councilmember Cunniff asked if budget offers regarding the Climate Action Plan are anticipated
for the mid-cycle budget. City Manager Atteberry replied he anticipates those offers
Councilmember Cunniff discussed the use of decorative gas fireplaces in the Old Town Square
area.
Mayor Pro Tem Horak discussed campaign finance and the fact that private corporation funding
cannot be restricted based on federal law. Additionally, he requested an update from Social
Sustainability regarding the concerns about the storage of personal belongings at the Murphy
Center.
City of Fort Collins Page 131
CONSENT CALENDAR
Eric Sutherland withdrew Item No. 7, Resolution 2015-055 Adopting Amendments to the
Financial Management Policies by Combining and Revising General Policies, Fund Policies and
Capital Improvement Fund Policies, from the Consent Calendar.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
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. (Adopted)
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. (Adopted)
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. (Adopted)
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. (Adopted on First Reading)
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.
City of Fort Collins Page 132
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. (Adopted on First
Reading)
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.
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. (Adopted on First Reading)
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. 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). (Adopted)
The purpose of this item is to approve the funding of the 2015 spring cycle of the Competitive
Process.
City of Fort Collins Page 133
8. Resolution 2015-052 Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Grant Disbursements. (Adopted)
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.
9. Resolution 2015-053 Authorizing an Intergovernmental Agreement with Colorado State
University Regarding Biological Inventory and Data Analysis through the Colorado Natural
Heritage Program (Adopted)
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.
10. Resolution 2015-054 Nominating and Endorsing Mayor Wade Troxell as a Candidate for
Election to the Executive Board of the Colorado Municipal League. (Adopted)
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.
CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff commended the CDBG process, the Board and applicants.
Mayor Troxell noted the Community Development Block Grant, Home Investment Partnerships
Program, Affordable Housing Fund, and Human Services Program were part of the spring
competitive process. Additionally, he discussed the Fort Fund grants administered by the
Cultural Resources Board.
STAFF REPORTS
Cameron Gloss, Planning Manager, provided a presentation regarding the Downtown Plan
Update. He discussed changes in the Downtown boundary and its division into character
districts. Additionally, Gloss discussed public outreach efforts and plans.
Councilmember Martinez requested additional detail regarding the character districts. Gloss
replied several sub-districts already exist; however, staff has identified other sub-districts each
with its own defined character.
Ken Mannon, Operations Services Director, announced the Senior Center has received LEED
Gold Certification.
COUNCILMEMBER REPORTS
Councilmember Cunniff reported on a Colorado Municipal League regional meeting and a
discussion of the Urban Renewal Fairness Act. City Manager Atteberry stated staff is working to
verify any impact this bill may have on the Foothills Mall project.
City of Fort Collins Page 134
Mayor Troxell reported on Council’s weekend retreat.
Councilmember Martinez reported on a town meeting he held with citizens in his district.
DISCUSSION ITEMS
11. 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 Within the City. (Adopted on
Second Reading)
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.
Mayor Pro Tem Horak asked the Comcast representative to explain the basic cable package and
broadband service for families with children on free or reduced lunch programs. John Lehman,
Comcast Director of Government and Regulatory Affairs, replied a limited basic package which
covers basic broadcast channels and a few others can be attained for approximately $27 per
month. Additionally, he discussed the Internet Essentials program which aims to provide
broadband internet service to low-income households with children who qualify for free and
reduced lunches.
Councilmember Overbeck asked if the basic cable package offering will be easy to find as an
option on the Comcast webpage. Mr. Lehman replied that is being developed and noted the
package is listed on the rate card for all subscribers.
Councilmember Overbeck requested Comcast display a poster at its Fort Collins office regarding
the basic package.
Mayor Pro Tem Horak suggested information regarding the Internet Essentials package be
placed in the City's electric bills.
Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 053, 2015, on Second Reading.
RESULT: ORDINANCE NO. 053, 2015 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
City of Fort Collins Page 135
12. Second Reading of Ordinance No. 058, 2015, Appropriation of Funds to Reimburse
Woodward, Inc. For Development Fees, Capital Improvement Expansion Fees and Use Tax.
(Adopted)
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.
Eric Sutherland discussed public finance laws and requested the City make available any
descriptive documents regarding its interpretation of Articles 15 and 16 of the Charter.
Glen Colton opposed the appropriation of monies from capital improvement funds for economic
development.
Jerry Gavaldon discussed the importance of fairness and equity with regard to the use of the
capital improvement fund.
Councilmember Martinez asked if this is a legal and appropriate process. City Manager
Atteberry replied it is an appropriate process. City Attorney Daggett replied the case law that
has been issued by Colorado courts supports the basic aspects of the Woodward transaction as
well as the proposal before Council.
Councilmember Martinez asked if this action would take funds from infrastructure needs or
would create a shortfall in funds. City Manager Atteberry replied a balance between needs is
constantly being sought and noted this recommendation has not been brought before Council
lightly and is not a precedent-setting recommendation. Mike Beckstead, Chief Financial Officer,
stated the amount of the dollars being considered relative to the fund balances does not have a
material impact on future projects.
Councilmember Cunniff asked if funds are available in the General Fund for this obligation.
Beckstead replied in the affirmative.
Councilmember Cunniff asked why this recommendation is being brought forth. Beckstead
replied this option allows for additional flexibility and discretion for future expenditures.
Councilmember Campana asked if a commitment was previously made to use the General Fund
to backfill fund balances. Beckstead replied that was the way the agreement was structured by
staff based on advice at the time; however, this option has come to light since. He noted the
City of Fort Collins Page 136
General Fund can be used to backfill the other funds if necessary; however, that transfer cannot
be made in the opposite direction.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 058, 2015, on Second Reading.
Mayor Pro Tem Horak stated, if this information had been available when the agreement was
structured, this would have likely been the supported choice, given the flexibility it allows.
Councilmember Stephens opposed the motion and supported the use of the General Fund rather
than other funds.
Councilmember Campana supported the motion given new information and ability for flexibility.
Councilmember Cunniff supported the intent of the Woodward agreement but opposed the
existing motion.
Councilmember Cunniff made a motion, seconded by Councilmember Overbek, to modify
section two of the agreement to replace the Capital Expansion Fund with General Fund and
Street Oversizing Fund with General Fund and change other language as necessary.
City Attorney Daggett stated the proposed change would not be consistent with the language of
the Ordinance title or some of the whereas clauses.
Councilmember Cunniff modified his motion to change the language identifying other funds to
just identify the General Fund as suggested by City Attorney Daggett. He stated he would prefer
to modify City policies in order to use these funds for rebate purposes.
Mayor Troxell opposed Councilmember Cunniff's motion.
Mayor Pro Tem Horak appreciated the offering of the amendment, but stated he would not
support the motion.
Councilmembers Martinez and Campana opposed the amendment.
The vote on the amendment was as follows: Yeas: Stephens, Cunniff and Overbeck. Nays:
Martinez, Campana, Troxell and Horak.
THE MOTION FAILED.
Councilmember Cunniff stated he would not support the motion; however, he noted he is in
support of the Woodward agreement.
RESULT: ORDINANCE NO. 058, 2015, ADOPTED ON SECOND READING [4 TO 3]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Campana, Troxell, Horak
NAYS: Stephens, Overbeck, Cunniff
City of Fort Collins Page 137
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
13. Resolution 2015-055 Adopting Amendments to the Financial Management Policies by
Combining and Revising General Policies, Fund Policies and Capital Improvement Fund
Policies. (Adopted)
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.
Eric Sutherland discussed the Urban Renewal Authority special fund and the appropriate use of
public funds.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2015-055.
RESULT: RESOLUTION 2015-055 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 7:49 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk