HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2018 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY July 17, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the June 19, 2018, Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the June 19, 2018, Regular Council meeting.
ATTACHMENTS
1. June 19, 2018 (PDF)
City of Fort Collins Page 288
June 19, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Summers
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 17, Resolution 2018-067 Reappointing Teresa Ablao as
an Assistant Municipal Judge of the Fort Collins Municipal Court and Authorizing the Execution
of an Employment Agreement, has been added to the agenda and noted a Work Session will follow
this Regular Meeting.
• CITIZEN PARTICIPATION
Gregg Leverett discussed his website, various court cases and Fort Collins Police interactions.
Eric Sutherland questioned whether the City’s electric utility rate payers have been put in debt to
finance the broadband utility. He also discussed the I-25 and Prospect intersection improvements
and Fort Collins’ financial participation therein.
Kit Baker expressed concern about the budgeting process and cultural contributions. He opposed
exempting the broadband budget from the Arts in Public Places funding allocation.
Bob Choate, Overland Mountain Bike Club, discussed the Club’s volunteer presence for trail
building and other opportunities. He requested Council allow a presentation on a development
model for soft surface, multi-purpose trails during a work session.
Andrew Schneider thanked Mayor Pro Tem Horak for attending the Hickory Street festival. He
discussed the ongoing Arts and Culture Master Plan and expressed concern about its development
absent a Cultural Resources director.
Deirdre Sullivan, La Familia Executive Director, discussed immigration-related stress and trauma.
She requested Council consider supporting a resolution opposing the separation of children from
their families at the border.
Alma Vigo-Morales, La Familia Board of Directors, requested Council consider supporting a
resolution opposing the separation of children from their families at the border.
Kristy Beachy-Quick, La Familia Board of Directors, requested Council consider supporting a
resolution opposing the separation of children from their families at the border. She also read a
statement from her daughter opposing the border separations.
Johanna Ulloa requested Council consider supporting a resolution opposing the separation of
children from their families at the border.
June 19, 2018
City of Fort Collins Page 289
Daniel Mirich discussed the inhumane treatment of chronically homeless citizens. He stated it is
difficult to think immigrants can be helped in the United States when existing citizens are not
receiving basic services or being treated equally.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Stephens thanked the speakers and stated she would support a resolution opposing
the separation of children from their families at the border. She stated that practice is immoral and
barbaric.
Councilmember Cunniff noted the broadband bonds have been issued and proceeds have been
received.
• CONSENT CALENDAR
Eric Sutherland withdrew Item Nos. 1, Consideration and Approval of the Minutes of the May 22,
2018 Adjourned Meeting, May 29, 2018 Special Meeting, June 5, 2018 Regular Meeting and the
June 11, 2018 Adjourned Meeting, and 13, Items Relating to Amending City Code, Chapter 17 -
Miscellaneous Offenses, from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve
all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Summers
1. Second Reading of Ordinance No. 069, 2018, Appropriating Prior Year Reserves in the Light
and Power Fund for the Light and Power New Circuits Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 5, 2018, appropriates funds from Light
& Power Reserves to serve the newly annexed Water Treatment Facility ($1,300,000) and to meet
capacity needs at the East Harmony Industrial Park ($480,000) and the Southwest Residential Area
($230,000). The appropriation also includes $7,100 for Art in Public Places (APP). The previous
$1.3M appropriation from the Water Fund also included the associated $13,000 for APP. The total
amount being requested is $2,017,100, which will leave $3.2M available and unappropriated in the
Light & Power Reserves.
2. Items Relating to the Completion of the 2018 Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG)
Program, Federal HOME Investment Partnerships (HOME) Program, the City’s Affordable
Housing Fund (AHF), and the City’s Human Services Program (HSP). (Adopted)
A. Second Reading of Ordinance No. 070, 2018, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund.
June 19, 2018
City of Fort Collins Page 290
B. Second Reading of Ordinance No. 071, 2018, Appropriating Unanticipated Revenue in the HOME
Investment Partnerships Fund.
Ordinance No. 070, 2018 appropriates the City’s FY2018 Community Block Grant (CDBG), Entitlement
Grant from the Department of Housing and Urban Development (HUD), and CDBG Unanticipated
Program Revenue Jurisdiction Grant from the Department of Housing and Urban Development (HUD),
and HOME Unanticipated Program Revenue from FY2017. Ordinance No. 071, 2018 appropriates the
City’s FY2018 HOME Participating Jurisdiction Grant from the Department of Housing and Urban
Development (HUD), and HOME Unanticipated Program Revenue from FY2017. These ordinances
were unanimously adopted on First Reading on June 5, 2018.
3. Second Reading of Ordinance No. 072, 2018, Amending Chapter 19 Regarding Civil Infractions.
(Adopted)
This Ordinance, unanimously adopted on First Reading on June 5, 2018, removes the notification
requirement for violations of Chapter 19 to allow Code Compliance Inspectors the flexibility to issue
immediate citations for all properties, includes some identified and sustained egregious or chronic
offenders of the nuisance code.
Civil infractions are heard under the approved Municipal Court Rules. On Second Reading, the
Ordinance amends the heading for Chapter 19, Article V, to read “Civil Infractions” instead of “Rules
for Civil Infractions” to avoid any confusion with the Municipal Court Rules.
4. Second Reading of Ordinance No. 073, 2018 Annexing Property Known as the Aweida
Annexation to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 5, 2018, annexes an area of
approximately 0.862 acres in southwest Fort Collins. The property is situated on the southwest corner
of the South Taft Hill Road and West County Road 38E intersection. The Initiating Resolution was
adopted on the consent agenda on April 17, 2018. A related item to zone the annexed property is
presented as the next item on this Agenda.
5. Second Reading of Ordinance No. 074, 2018, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Aweida Annexation
to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential
Neighborhood Sign District Map. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 5, 2018, zones the property included
in the Aweida Annexation into the Low Density Mixed-Use Neighborhood zone district.
6. Second Reading of Ordinance No. 077, 2018, Amending Chapter 7 of the Code of the City of
Fort Collins to Amend Requirements and Procedures for City Elections. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 5, 2018, amends the Election Code
to clarify that expenditures for political advertising includes internet advertising; amend deadlines for
write-in candidates, nomination petitions, withdrawals and campaign reports; and adopt Code
language to align with the Uniform Overseas Citizens Absentee Voting Act (UOCAVA). The Code
amendments will also require candidates and committees to keep samples of public communications
and revise the definition for independent expenditures.
Between First and Second Reading, the Ordinance has been amended to change the deadline for
political committees or issues committees to file a termination report from sixty days to seventy days
after the election. This deadline change will align the requirement for termination reports with the date
all final reports are due.
June 19, 2018
City of Fort Collins Page 291
7. Items Relating to Poudre River Whitewater Park Fundraising. (Adopted)
A. Resolution 2018-061 Recognizing Revenues Received from Private Fundraising and Finding
Substantial Satisfaction of Conditions on Prior Appropriations for the Poudre River Whitewater
Park Project.
B. First Reading of Ordinance No. 078, 2018, Appropriating Unanticipated Revenue in the Capital
Project Fund for the Poudre River Whitewater Park Project and Transferring Appropriations from
the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places
Program for the Poudre River Whitewater Park Project.
The purpose of this item is to acknowledge receipt of the full amount of fundraising dollars required to
release expenditure of the Community Capital Improvement Program (CCIP) funds appropriated for
the project under Ordinance No. 058, 2018, and to appropriate additional fundraising dollars secured
for the Whitewater Park Project.
8. First Reading of Ordinance No. 079, 2018, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the
Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the
Transportation Fund into the Capital Project Fund for the Suniga Road Improvements Project
and Transferring Appropriations from the Capital Project Fund to the Cultural Services and
Facilities Fund for the Art in Public Places Program. (Adopted)
The purpose of this item is to appropriate $1,477,370 of Transportation Capital Expansion Fee (TCEF)
Funds into the Capital Project Fund for the Suniga Road Improvements Project. In addition, this item
will authorize the transfer of $14,774, one percent of the appropriated funds, from the Capital Project
Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will construct
Suniga Road to the City’s four-lane arterial roadway standards between North College Avenue and
Blondel Street as identified on the City’s Master Street Plan. Improvements include raised, protected
bike lanes, pedestrian facilities, transit facilities, utility infrastructure, roadway improvements, and
landscaped medians and parkways. The project will complement the existing section of Suniga Road,
providing connectivity for surrounding developments from North College Avenue to Redwood Street.
This project was approved during the 2017/2018 Budgeting for Outcomes (BFO) process.
9. First Reading of Ordinance No. 080, 2018, Appropriating Prior Year Reserves in the Parking
Fund for the Downtown Parking Sensor and Technology Project and Authorizing the Transfer
of Appropriations from the Parking Fund to the Cultural Services and Facilities for the Art in
Public Places Program. (Adopted)
The purpose of this item is to appropriate $359,917 of additional funds from Parking Reserves into the
capital project fund to complete the Downtown Parking Sensor and Technology project and to
appropriate 1% of the project to Art in Public Places. The Project includes installing sensors and new
payment technology in the three downtown parking structures and in approximately 3000 on-street
parking spaces and 3 parking lots (the “Project”). This Project will allow Parking Services to collect
occupancy and turnover rate data to improve management of downtown parking. The sensors will link
to the FC Parking application (app) and show where available parking spaces are located. Phase I of
the Project was completed in 2017 and installed the sensor and payment technology in the Firehouse
Alley Parking Structure.
Funds for the remainder of the Project include: $750k in General Fund (appropriated in 2017 for this
purpose as a part of Ordinance No. 154, 2017); 2017-18 Budget Offer 73.3 ($84,692, and $90,083);
and Parking Fund Reserves.
The total estimated cost for the Project is $1.2M. Installation of parking sensors in the Old Town
Parking Structure and the Civic Center Parking Structure has been initiated with the previously
appropriated funds. The additional funds are necessary to complete the on-street and parking lot
portion of the Project. The anticipated completion date for the Project is by the end of 2018.
June 19, 2018
City of Fort Collins Page 292
10. Items Relating to Combined Regional Information Systems Project (CRISP). (Adopted)
A. First Reading of Ordinance No. 081, 2018, Reappropriating Funds Previously Appropriated in
2017 but not Expended and not Encumbered in 2017, Appropriating Prior Year Reserves in the
General Fund and Appropriating Unanticipated Revenue in the General Fund for the Fort Collins
Police Services Combined Regional Information Systems Project.
B. Resolution 2018-062 Authorizing the Mayor to Enter into an Intergovernmental Agreement with
Larimer County and the City of Loveland for the Purpose of Sharing in the Purchase of a Public
Safety Software Solution for the Combined Regional Information Systems Project.
C. Resolution 2018-063 Approving an Exception to the Use of a Competitive Process for the
Purchase of a Public Safety Software Solution from TriTech Software Systems.
The purpose of this item is to purchase a public safety software solution for the Combined Regional
Information Systems Project (CRISP). CRISP is a regional partnership with other Larimer County
public safety agencies and provides a reliable public safety software solution that allows regional
agencies to share police and fire data, manage incidents and provide for redundancy and continuity
of operations. The current system is scheduled for replacement. The City of Loveland is joining CRISP
and with the addition of Loveland and other project changes, staff is also requesting an additional
appropriation of $1.98 million with the understanding that all but $288K will be reimbursed from both
CRISP partner and member agencies.
11. First Reading of Ordinance No. 082, 2018, Appropriating Unanticipated Grant Revenue From
Bloomberg Philanthropies in the Light and Power Fund for the Home Efficiency Loan
Program/On-Bill Financing Program. (Adopted)
The purpose of this item is to appropriate $100,000 in grant revenues from Bloomberg Philanthropies,
as part of the Bloomberg Mayor’s Challenge, into the Fort Collins Utilities Light and Power Enterprise
fund for the purposes of developing and capitalizing the Utilities On-Bill Financing program (OBF). The
OBF provides utility bill serviced loans for energy efficiency capital improvements, and the Bloomberg
project within this program will focus on funding improvements to advance efficiency in rental
properties.
12. Resolution 2018-064 Approving an Art Project for the Riverside Bridge Project and Approving
Expenditures from the Art in Public Places Reserve Account in the Cultural Services and
Facilities Fund and the Art in Public Places Stormwater Utility Account to Commission an
Artist to Create the 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 Reserve Account
and the Art in Public Places Stormwater Utility Account to commission an artist to create art for the
Riverside Bridge Project. The expenditures of $35,000 will be for design, materials, signage,
fabrication, delivery, and contingency for Carolyn Braaksma to create the art for the bridge wall along
the trail.
13. Resolution 2018-065 Discontinuing the City Council Mall Redevelopment Committee. (Adopted)
The purpose of this item is to discontinue the City Council Mall Redevelopment Committee (the
“Committee”) established by Resolution 2014-056 in July 2014. The Committee was created by
Council to provide oversight and to be available to the City Manager to provide feedback concerning
his administration of the Redevelopment and Reimbursement Agreement. Section 3 of the 2014
Resolution provides that it was City Council's "intent that upon completion of the redevelopment of the
commercial portion of the Mall Project," the Committee would be discontinued. The commercial
development portion of the Mall is now complete. The Committee is, therefore, no longer needed.
June 19, 2018
City of Fort Collins Page 293
14. Resolution 2018-066 Making Appointments to the Cultural Resources Board, Parks and
Recreation Board, Landmark Preservation Commission, and The Women's Commission of the
City of Fort Collins. (Adopted)
The purpose of this item is to appoint Liliane Francuz to fill a vacancy on the Cultural Resources Board
due to the resignation of Amy Cerevan, Sam Houghteling to the Parks and Recreation Board due to
the resignation of Scott Sinn, Anne Nelsen to the Landmark Preservation Commission due to the
resignation of Bud Frick, and Melanie Potyondy to the Women’s Commission due to the resignation of
Jennifer Harvey.
15. Resolution 2018-067 Reappointing Teresa Ablao as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
(Adopted)
The purpose of this item is to reappoint Teresa Ablao as the Assistant Municipal Judge for the Fort
Collins Municipal Court. The City Charter provides for the appointment of an Assistant Municipal Judge
to serve in the absence of the Municipal Judge. Teresa Ablao has served in this capacity since mid-
2012. Municipal Judge Kathleen M. Lane recommends that Ms. Ablao be reappointed as the Assistant
Municipal Judge.
• END CONSENT
• COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the press conference held by the mother of a young man
who drowned while tubing in the Poudre River. He stated Poudre Fire Authority, City of Fort
Collins, Poudre Heritage Alliance, and Larimer County have joined together to create a map for
tubers to attempt to prevent any future deaths.
Mayor Pro Tem Horak reported on the I-25 expansion between Mulberry and SH 402 and on the
City Park refresh project which is being put on hold. City Manager Atteberry stated feedback on
the proposed plans has led to staff opting to put the refresh on hold until additional agreement can
be reached.
Mayor Troxell reported on a trip to the Netherlands with People for Bikes that resulted from Fort
Collins being chosen for the Big Jump project.
Councilmember Cunniff reported on the Poudre School District, City, and County liaison meeting
during which Fort Collins’ fireworks ban was discussed.
Councilmember Stephens reported on the Poudre School District, City, and County liaison meeting
during which homeless youth issues were discussed.
• DISCUSSION ITEMS
(No discussion items were scheduled)
June 19, 2018
City of Fort Collins Page 294
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
16. Consideration and Approval of the Minutes of the May 22, 2018 Adjourned Meeting, May 29,
2018 Special Meeting, June 5, 2018 Regular Meeting and the June 11, 2018 Adjourned Meeting.
(Adopted)
The purpose of this item is to approve the minutes from the May 22, 2018 Adjourned Council meeting,
May 29, 2018 Special Council meeting, June 5, 2018 Regular Council meeting and the June 11, 2018
Adjourned Council meeting.
Eric Sutherland stated the City Charter requires final passage of all ordinances at a regular Council
meeting and stated Council should not have been able to authorize the broadband debt as it did.
City Attorney Daggett stated Mr. Sutherland has been able to raise issues regarding the manner in
which the Enterprise bond ordinance was adopted in March and April under the minutes agenda
item. She stated staff disagrees with his interpretation of the Charter and how it applies to the
actions that were taken.
Mayor Troxell encouraged Mr. Sutherland to work more cooperatively with the City rather than
in an adversarial manner through the court system.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve the minutes of the May 22, 2018 Adjourned Meeting, the May 29, 2018 Special Meeting,
the June 5, 2018 Regular Meeting, and the June 11, 2018 Adjourned Meeting.
Mayor Pro Tem Horak stated Mr. Sutherland’s comments about the City Attorney are untrue and
not appropriate.
City Attorney Daggett noted the June 11 minutes should been changed to reflect the meeting’s
status as Adjourned rather than Special. Mayor Pro Tem Horak and Councilmember Overbeck
accepted the change.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Summers
17. Items Relating to Amending City Code, Chapter 17 - Miscellaneous Offenses. (Adopted)
A. First Reading of Ordinance No. 083, 2018, Amending Articles III, IV, VI, and VII of Chapter 17 of
the Code of the City of Fort Collins Pertaining to Trespass, Theft, Littering, Criminal Mischief,
Resisting Arrest, Throwing of Missiles, and Disorderly Conduct.
B. First Reading of Ordinance No. 084, 2018, Amending Article VII of Chapter 17 of the Code of the
City of Fort Collins Pertaining to Staying on Medians.
C. First Reading of Ordinance No. 085, 2018, Amending Article VII of Chapter 17 of the Code of the
City of Fort Collins Pertaining to Panhandling.
The purpose of this item is to amend certain Sections of Chapter 17 regarding trespass, theft, littering,
criminal mischief, resisting arrest, throwing of missiles, and disorderly conduct to be consistent with
state statutes; to amend Section 17-122 to make that section more specific to prohibit staying on
June 19, 2018
City of Fort Collins Page 295
medians in locations where safety issues arise given median width, traffic volumes, and/or traffic
speed; and to eliminate Section 17-127 in its entirety pertaining to panhandling.
Eric Sutherland stated Council should not be the final arbiter of the language being added into the
Code in this regard.
Mayor Troxell stated Council is the legislative body and that is what it has been elected to do.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance
No. 083, 2018, on First Reading.
RESULT: ORDINANCE NO. 083, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Summers
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance
No. 084, 2018, on First Reading.
Councilmember Stephens emphasized this is a safety measure to keep people off medians.
RESULT: ORDINANCE NO. 084, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Summers
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance
No. 085, 2018, on First Reading.
Councilmember Cunniff requested additional detail regarding how Police Services plans to address
specific crimes prior to Second Reading.
Mayor Pro Tem Horak stated Council takes legal advice into account when making its decisions.
RESULT: ORDINANCE NO. 085, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Troxell, Cunniff, Horak
ABSENT: Martinez, Summers
• OTHER BUSINESS
Councilmember Stephens requested and received Council support for staff to draft a resolution
condemning the family separations at the country’s southern border.
June 19, 2018
City of Fort Collins Page 296
Councilmember Cunniff supported Councilmember Stephens, assuming the resolution focuses on
the child separation issue.
Councilmember Overbeck supported Councilmember Stephens.
Mayor Pro Tem Horak stated he would like to look at the effect of the practice on Fort Collins
specifically and requested additional information from staff. He asked if the Legislative Review
Committee has discussed the issue. Councilmember Overbeck replied in the negative.
Mayor Pro Tem Horak suggested the Legislative Review Committee discuss the topic prior to the
formation of a resolution.
Councilmember Cunniff encouraged citizens to contact state representatives.
Mayor Troxell stated he would like to focus on issues directly impacting Fort Collins.
• ADJOURNMENT
The meeting adjourned at 7:09 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk