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HomeMy WebLinkAboutMINUTES-09/23/2014-AdjournedSeptember 23, 2014 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Adjourned Meeting — 6:00 PM PRESENT: Weitkunat, Overbeck, Poppaw. Campana, Troxell, Cunniff, Horak ABSENT: None Staff present: Atteberry, Daggett, Jensen 1. Public Hearing on the 2015-2016 Recommended Biennial Budget for the City of Fort Collins. (Hearing was Held) This is the first official public hearing on the City Manager's 2015-2016 Recommended Biennial Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the 2015-2016 budget. In an effort to receive further public input, a second public hearing is scheduled for the Tuesday, October 7, 2014 Council meeting. Public input will also be taken during the budget adoption meetings on Tuesday, October 21 and Tuesday, November 18, 2014 at 6:00 p.m. in the Council Chambers. The City Manager's 2015-2016 Recommended Budget can be reviewed at the Main Library, the Harmony Branch Library, Council Tree Library, or the City Clerk's Office. The recommended budget can also be viewed online at www.fcgov.com/budget <http://www,fcgov.com/budoet>. Chrissy Krumm, People First of Larimer County, discussed the importance of employment and transportation. Specifically, she requested funding for additional evening and Sunday'Transfort service. Nancy York, 130 South Whitcomb, supported evening, Sunday and holiday Transfort service and suggested the budget should be evaluated, per offer, for carbon footprint impacts. Betsy Craig, 815 Courtenay Circle, Menu Nutrition Information, supported funding for small business services in the community. Bruce Henderson, Bike Fort Collins, supported funding for various bicycle -related offers necessary to implement the Low Stress Network. Additionally, he supported funding for two recreation offers. Shannell Sedgwick, Fort Collins Public Access Network President, supported funding for the FC-PAN Network. Mona Mazer, Fort Collins resident, supported funding for the Fort Collins Public Access Network. (Unintelligible name), Fort Collins resident, supported funding for the Fort Collins Public Access Network. Meghan Belaski, 1212 Southridge Drive, expressed concern regarding safety and cultural issues in the Avery Park neighborhood. City of Fort Collins Page 405 s April Johansen, Fort Collins Symphony musician, played her instrument in support of funding for the Symphony. Wes Kenney, 1033 Pinnacle Place, Fort Collins Symphony Director, supported funding for the Symphony. Rudy Burns, 914 Ridge Runner Drive, Babette's Feast, supported funding for the Larimer County Small Business Development Center and Fort Collins Symphony. Tina Mooney, The Fox and the Crow owner, supported funding for the Small Business Development Center. Glenn Plagens, Latimer Small Business Development Center Senior Director, supported funding for the Small Business Development Center. Mayor Weitkunat thanked the speakers and stated the second public hearing on the budget will be October 7th. 0A RESULT: HEARING WAS HELD (Adopted) The purpose of this item is to request Council's direction to file an appeal with the Colorado Court of Appeals regarding the District Court's recent decision in the Colorado Oil and Gas Association's (COGA) lawsuit against the City. That decision declared the voter -approved five-year moratorium on hydraulic fracturing to be preempted by state law. This item also asks the Council for direction to file with the District Court, and the Court. of Appeals if necessary, a motion to 'stay" the effect of the Order pending the outcome of the appeal. , Laurie Kadrich, Community Development and Neighborhood Services Director, stated this Resolution would direct staff to file an appeal regarding the District Court's decision with the Colorado Oil and Gas Association's lawsuit against the City. Additionally, the item would direct staff to ask for a stay, which would delay the effect of the District Court Judge's ruling until such time that the appeal is heard. Kadrich went on to discuss the moratorium approved by voters and the subsequent lawsuit filed against the City by the Colorado Oil and Gas Association. The following citizens spoke in support of the appeal: Janice Lynne, Fort Collins resident Evelyn Carpenter, Fort Collins resident Tom Hoehn, 218 South Washington Tonya (no last name given) Stephen Wallace, Fort Collins resident, Dolores Williams, 415 Mason Court Harry Michaels, 5620 Fossil Creek Parkway Sharon Bringleson, Fort Collins resident Nancy York, 130 South Whitcomb Kelly Giddens, Citizens for a Healthy Fort Collins Kevin Cross, Fort Collins Sustainability Group Debra (no last name given), Fort Collins resident City of Fort Collins Page 406 Patrick Padden, 3342 Pepperwood Lane Meghan Belaski, 1212 Southridge Drive Carolyn Carpenter, Liberty Commons student Elaine Branjord, 4720 Prairie Vista Drive J.D. Roybal, Windsor resident Claire Pratt, Fort Collins resident Jim Vassallo, Fort Collins resident Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2014-082. Councilmember Troxell asked about the status of the health study which was put in place as a result of the oil and gas operator agreement. Kadrich replied a third party was hired to examine the operator agreement and the operator was found to be in compliance. Additionally, Kadrich stated preliminary air quality and water baseline sampling are being completed, related to the operator agreement. Councilmember Troxell asked.about the studies which were to be completed as part of the moratorium. Kadrich replied a preliminary analysis has been completed with regard to property values and the health impact report is in its draft stage; both of which are still occurring regardless of the Court action. Troxell asked if the City is participating with the real-time monitoring regarding oil and gas operations with the Colorado Water Watch. Kadrich replied she would report back. 3. RESULT: RESOLUTION 2014-082 ADOPTED [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Lisa Poppaw, District 2 AYES: Weitkunat, Overbeck, Poppaw, Campana, Conniff, Horak NAYS: Troxell City of Greeley. (Adopted) This Ordinance, adopted on September 2, 2014, by a vote of 5-j. (Nays: Overbeck; Poppaw'abserit) authorizes the conveyance of easements tethe City of Greeley across the City property known as the City Ditch. The City of Greeley is acg6iring_necessary easements for its Greeley Bellvue Pipeline Project. Greeley has requested easements for its project across a strip of property owned by the City's Utility Department extending south from the Poudre River. The property lies outside City limits and is the location of the City Ditch. The Larimer County Canal No. 2 Irrigating Company utilizes this ditch through an existing easement agreement with the City. The easements requested by Greeley include a. 19 acre (8,265 square feet) permanent, waterline easement, a .133 acre (5,808 square feet) temporary construction easement, and an access easement across the existing ditch, access road. Lindsay Kuntz, Real Estate Specialist, stated this item would convey several easements on City property to the City of Greeley. She discussed the location of the property and easements and reviewed the history of the easement request. Additionally, Kuntz discussed the land dispute issue and stated the title of the property was acquired by means of a rule in order in 1883, which was later recorded in the Latimer County public records in 1892. She noted the property owner's deed, recorded in 1977, includes language excepting a tract to the City of Fort Collins. City of Fort Collins Page 407 Councilmember Cunniff asked if the basic issue is the City of Greeley's request to place a pipeline through Fort Collins' property. Kuntz replied Greeley is requesting an easement, not a right-of-way. Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 123, 2014, on Second Reading. Councilmember Overbeck discussed his visit to the site and expressed concern the easement lies close to the Poudre River. Councilmember Cunniff expressed concern regarding the interests of the Brinks' property. Councilmember Troxell thanked staff for preparing the site visit and requested information. Mayor Weitkunat noted site visits were held several years ago and supported the motion. RESULT: ORDINANCE NO. 123, 2014 ADOPTED ON SECOND READING [5 TO 21 MOVER: Gino Campana, District 3 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Poppaw, Campana, Troxell, Horak NAYS: Overbeck, Cunniff • ADJOURNMENT The meeting adjourned at 7:15 PM. a or FORT cn. ATTEST: City Clerk C O%N City of Fort Collins Page 408 .