HomeMy WebLinkAboutMINUTES-05/19/2015-RegularMay 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 Hunan
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 O1d.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.
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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 Conniff 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.
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• CONSENT CALENDAR
Eric Sutherland withdrew Item No. 7, Resolution 2015-055 Adopinrg 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 Tern 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
(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 Latimer 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)
4.
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.
and Facilities Fund for Art in Public Places Program. (Adopted on First
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.
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5.
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)
7.
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.
The purpose of this item is to approve the funding of the 2015 spring cycle of the Competitive
Process.
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8. Resolution 2015-052 Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Grant Disbursements. (Adopted)
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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.
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 1.
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 Marmon, 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.
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Mayor Troxell reported on Councip s weekend retreat.
Councilmember Martinez reported on a town meeting he held with citizens in his district.
• DISCUSSION ITEMS
Second Reading)
This Ordinance, unanimously adopted on First Reading on April21, 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 Tern 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 Tern 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
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May 19, 2015
12.
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
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May 19, 2015
General Fund can be used to backfill the other funds if necessary; however, that transfer cannot
be made in the opposite direction.
Mayor Pro Tern, 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 Cunniffs motion.
Mayor Pro Tern 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 31
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Campana, Troxell, Horak
NAYS: Stephens, Overbeck, Cunniff
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• CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS
13.
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 Tern 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
City Clerk
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