HomeMy WebLinkAboutMINUTES-02/03/2015-RegularFebruary 3, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Nelson
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 9, Resolution 2015-016 Finding Substantial Compliance
and Initiating Annexation Proceedings for the Interstate Land Holdings Annexation, has been
withdrawn from the agenda. Additionally, new ballot question protests were filed and have been
added to agenda Item No. 14, Public Hearing on Ballot Question Protest and Consideration of
Related Resolutions. The title of Item No. 18 has been amended.
• CITIZEN PARTICIPATION
Cheryl Distaso, Fort Collins Community Action Network, discussed a meeting she held with
Beth Sowder regarding the installation of lockers for use by homeless individuals. Additionally,
she discussed the Fort Collins Sustainability and Social Inclusion Study.
Betty Aragon continued the discussion of the Fort Collins Sustainability and Social Inclusion
Study citing the importance of the City repairing its relationships with disenfranchised long-time
Hispanic residents and the importance of the City providing basic infrastructural upgrades in the
Tres Colonias neighborhoods.
Mike Pruznick requested information regarding an official Council policy preventing
Councilmembers from demeaning the public or singling out citizens and discussed the meaning
of leadership.
Carl Wangsvick commended City staff on a meeting held with the Avery Park neighborhood and
read the Ordinance from Item No. 2, Second Reading of Ordinance No. 008, 2015,
Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Adaptive Recreation
Opportunities Program Paralympic Sports Club, expressing appreciation to the City.
Jerry Gavaldon discussed the Fort Collins Sustainability and Social Inclusion Study and its
importance for the community.
Jeff Johnson, Affordable Housing Board, commended Council's work regarding housing
affordability and the Home Buyer's Assistance Program.
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Overbeck thanked the citizens who spoke regarding the Fort Collins
Sustainability and Social Inclusion Study and stated staff has published a memo dealing with
gentrification as a first step to addressing the issue.
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February 3, 2015
Councilmember Troxell and Mayor Weiktunat thanked the citizens who spoke.
• CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Wade Troxell, District 4
AYES:
Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
2.
3.
4.
Consideration and Approval of the Minutes from the January 6. 2015 Regular Council Meeting
and the January 13, 2015 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the January 6, 2015 Regular Council
meeting and the January 13, 2015 Adjourned Council meeting.
This Ordinance, unanimously adopted on First Reading on January 20, 2015, appropriates $15,000
of unanticipated grant revenue in the Recreation Fund to be used for general operating support for
the Adaptive Recreation Opportunities (ARO) program Paralympic Sport Club. ARO has been
selected to receive a grant of $15,000 from U.S. Department of Veterans Affairs (VA) for Veterans
Adaptive Sports Programs serving Disabled Veterans and disabled Members of the Armed Forces,
funding cycle of October 2014- September 2015.
with Disabilities Improvements Project Into the North College Pedestrian Multi -Use Path
Proiect.(Adopted)
This Ordinance, unanimously adopted on First Reading on January 20, 2015, appropriates federal
grant and local funds into the North College Pedestrian Multi -Use Path Project. This project will
design and Construct pedestrian amenities along North College Avenue between the northern city
limits and State Highway 1.
This Ordinance, unanimously adopted on First Reading on January 20, 2015, amends City Code to
provide an exception to the critical facilities floodplain regulation for "parallel -connected solar and
wind power generation." This would allow solar and wind power generating stations that are also
connected to the grid to be located in the floodplain and not prohibited under the critical facilities
regulation of Chapter 10 of City Code.
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February 3, 2015
5.
A
91
(Adopted)
This Ordinance, unanimously adopted on First Reading on January 20, 2015, proposes an
amendment to the City Charter definition of "Service Area" that, if approved by voters, would correct
the Charter definition of "Service Area" to conform to other Charter references providing that City
Council shall designate Service Areas via ordinance.
The purpose of this item is to appropriate funds to provide: local funding in exchange for federal
funding to the City's partner transit agencies in the Transportation Management Area (TMA) - the
City of Loveland, the Town of Berthoud, and the North Front Range Metropolitan Planning
Organization (NFRMPO) and to increase appropriations for Transfort operations. The added
appropriations for the swap arrangements amount to $668,616 and the added appropriations for
Transfort operations amounts to $210,827 - for a total appropriation request of $879,443. All
appropriations are fully funded with federal grant revenues.
Resolution 2015-014 Approving an Exception to the Use of a Competitive Purchasing Process
for a Professional Services Contract with Western EcoSystems Technology. Inc. (Adopted)
The purpose of the item is to request an exception to the competitive bid process for the contracting
of services for Western EcoSystems Technology, Inc. (WEST), as the alternative is contrary to the
City's interests. The City has been pursuing the enlargement of Halligan Reservoir for several years
to meet future water supply demands and to provide an emergency storage reserve. The project has
been in the federal permitting process with the U.S. Army Corps of Engineers (Corps) since 2006,
which was jointly entered with the City of Greeley for the enlargement of their Seaman Reservoir.
The Corps directs third party contractors (3PC) that are paid for by the applicants, which is currently
WEST. Recently, the permitting for the two projects was separated, requiring the City to establish a
new contract with WEST. Replacement of WEST and selection of a new 3PC would result in
significant delays to the permitting process and substantial additional costs to the City.
Exception to Competitive Bidding Rationale:
Code Section 8-161(d)(1)(b). Although there exists more than one (1) responsible source, a
competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to
the City, will otherwise injure the City's financial interests or will substantially impede the City's
administrative functions or the delivery of services to the public.
The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District
Court to exclude properties annexed into the City in 2014 from the Poudre Valley Fire Protection
District (the "District") in accordance with state law. The properties affected by this resolution are
Clydesdale Park First Annexation, Clydesdale Park Second Annexation, Kechter Farm Annexation,
and Mail Creek Crossing Annexation. C.R.S. Section 32-1-502 requires an order of exclusion from
the district court to remove these annexed properties from special district territories. The properties
have been receiving fire protection services from the Poudre Fire Authority and will continue to do
so. The City Attorney's Office files the petition in Larimer County District Court each year seeking
exclusion for all properties annexed in the previous year that should be removed from the District to
avoid double taxation.
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February 3, 2015
10. Resolution 2015-017 Determining that a Single -Lane, Mini Roundabout is the Preferred
Alternative for the Intersection of Remington Street and Laurel Street as Part of the
Remington Greenwav Project. (Adopted)
The purpose of this item is to gain Council approval for the construction of a single -lane, mini
roundabout at the intersection of Remington Street and Laurel Street, as directed by Resolution
2001-120. Remington Street is classified as an arterial street, and Laurel Street is classified as a
collector street. This intersection is being converted from a signalized intersection to a mini
roundabout as part of the Remington Greenway Pilot Project.
11. Resolution 2015-018 Making Appointments to Various Boards and Commissions of the City
of Fort Collins. (Adopted)
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various
boards and commissions, due to resignations of boardmembers and the expiration of terms of
current members. Applications were solicited from September 2014 and Council teams interviewed
applicants during November, December, 2014 and January 2015. This Resolution appoints
individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and vacancies will be
readvertised as needed.
• END CONSENT
• COUNCILMEMBER REPORTS
Councilmember Troxell reported on tours of La Familia and the Murphy Center.
Councilmember Campana requested an update regarding the English Ranch neighborhood
gardens. Deputy City Manager Mihelich replied an English Ranch neighborhood meeting was
held in order to identify some potential compromises regarding the relocation of the gardens. He
stated no compromises were reached and staff is recommending the elimination of the garden
from its current location. A permanent community garden will be installed in the Southeast
Community Park, which will be completed in about three years. Additionally, interim
alternatives are currently being investigated.
Mayor Pro Tem Horak noted the previously mentioned Avery Park neighborhood meeting was
about street lights and safety concerns in the area. He reported on his participation in the
homeless point -in -time count and the Business Innovation Conference.
Mayor Weitkunat reported on the City Attorney candidate interview process and stated a
decision will be forthcoming. Additionally, she reported on the Colorado Municipal League
Board of Directors meeting, the 2°d annual Poudre River Forum, and the City-County-Poudre
School District meeting. Mayor Weitkunat also reported on the upcoming State of the City
address.
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February 3, 2015
• DISCUSSION ITEMS
12. First Reading of Ordinance No. 015, 2015, Amending Article III of Chapter 12 of the Code of
the City of Fort Collins Pertaining to Smoking in Public Areas. (Adopted on First Reading)
The purpose of this item is to request expansions to the City's Smoking Ordinance to include a
complete smoking ban within the proposed Downtown Smoke -Free Zone, for all City -owned and
operated facilities and related grounds, for all Natural Areas, Parks, and Trails, and at all City -
approved special events.
This item provides background information, community feedback and survey results, and information
about actions taken in other communities. Outreach conducted included the Downtown Development
Authority, downtown businesses, and various City boards and commissions.
Laurie Kadrich, Director of Community Development and Neighborhood Services, reported on
the findings staff gathered from other communities and discussed the public outreach process.
Delynn Coldiron, Interim Neighborhood Services Manager, discussed the history of Fort Collins'
smoking Ordinances and detailed the public outreach process. Under the current proposal,
smoking would be banned within the perimeter of the Downtown bike dismount zone, including
City businesses and City properties such as sidewalks, streets and alleyways within the area.
Additionally, the ban would include all City parks, trails and natural areas, as well as special
public events approved by the City. Coldiron discussed the need for signage, education and
outreach to make the proposal successful.
Mike Pruznick discussed the importance of smokers' rights and stated this policy is inconsistent.
Additionally, he suggested ground -level ozone concerns should be made a priority.
Stacy Lynne asked how this issue was brought forward, what the primary and additional tools for
compliance will be, how an adjacent sidewalk is defined, what compliance incentives will be,
and what the specifics of the financial impacts will be. She expressed concern regarding
smokers' rights and suggested smoking zones be created.
Dale Mantey, Latimer County Tobacco Control Program, commended the protection of non-
smokers and resulting positive health impacts in Fort Collins. He supported the Ordinance.
Dan Sapienza, Northern Larimer County Health District, supported the Ordinance. He offered
the Health District's support and assistance in implementing the policies.
Jungwon Kang, Tobacco No Youth Coalition, supported the Ordinance.
Kevin Archer discussed the possible business loss impacts of the Ordinance.
Catherine Cyril, Tobacco No Youth Coalition, supported the Ordinance.
Bob Doyle, Colorado Tobacco Education and Prevention Alliance, supported the Ordinance.
Jonathan Carnahan supported the Ordinance and its expansion to other areas throughout the city.
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February 3, 2015
Councilmember Overbeck asked about the possibility of expanding the Ordinance to the
Downtown Library area. Coldiron replied it would be included as a City property.
Councilmember Overbeck asked about drivers smoking in the downtown area. Kadrich replied
there would be no violation as long as the vehicle is enclosed.
Mayor Weitkunat requested staff response to Ms.. Lynne''§ questions. Kadrich replied the
direction to examine increased smoking restrictions, in terms of best practice communities, came
from Council. She stated education and signage are the primary tools for compliance; however,
the Ordinance could be enforced by law enforcement should Council choose. Kadrich defined
adjacent sidewalks as those adjoining City property.
In addressing Mr. Carnahan's concerns, Councilmember Cunniff noted much of the city is
impacted by this proposed Ordinance. Additionally, he agreed the issue was Council -driven.
Councilmember Campana thanked staff for work on the item and discussed the importance of a
robust education campaign.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 015, 2015, on First Reading.
Councilmember Troxell asked about the possibility of including designated smoking zones.
Coldiron replied there is general public support for designated smoking areas in all areas with the
exception of natural areas, parks and trails. However, the desire for Fort Collins to be a best
practice community and support health and wellness led to the exclusion of designated smoking
areas from this proposal.
Councilmember Troxell asked if this Ordinance would apply to e-cigarettes. Kadrich replied in
the affirmative.
Councilmember Troxell stated he would support the Ordinance and its thoughtful creation.
Councilmerriber Overbeck thanked the citizens who spoke and commended staff for work on the
item. He expressed support for the Ordinance.
Councilmember Poppaw commended staff for work on the item and supported the Ordinance.
Councilmember Cunniff supported the Ordinance and staff work on the item. Additionally, he
suggested this could provide an additional tool for intervention in terms of youth smoking in
parks.
Councilmember Cunniff stated the Ordinance is missing two words and requested a correction
prior to Second Reading.
Mayor Pro Tem. Horak, stated he would support the Ordinance and noted Fort Collins has been a
leader in the area since 1984.
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February 3, 2015
Mayor Weitkunat stated she would not support the Ordinance due to concerns regarding
smokers' rights, particularly visitors to the city. Additionally, she expressed concern related to
voluntary enforcement.
RESULT:
ORDINANCE NO. 015, 2015, ADOPTED ON FIRST READING [6 TO 1]
MOVER:
Gerry Horak, District 6
SECONDER:
Lisa Poppaw, District 2
AYES:
Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS:
Weitkunat
13.
on First Reading)
The purpose of this item is to request appropriation of General Funds for design and construction of
neighborhood projects identified in the Lincoln Corridor Plan. The Lincoln Corridor Plan was adopted
by City Council in May 2014. The Plan includes a list of recommended infrastructure projects in the
surrounding neighborhoods. The adopted 2015-2016 budget includes $556,000 to design and
construct approximately half of the projects. Staff seeks appropriation of $291,000 of General Fund
Reserves to complete the remaining short -/mid-term projects.
Councilmember Poppaw withdrew from the discussion of this item due to a conflict of interest.
Karen Cumbo, Planning, Development and Transportation Director, discussed the evolution of
this item and stated Council requested staff return with an appropriation to fund the remaining
neighborhood improvement projects in the area to be completed in 2015-16 during the discussion
of the capital improvement tax, BOB 2.0.
Amy Lewin, Transportation Planner, discussed the general location of the proposed
improvements and noted this item would appropriate funds for the remaining four of ten short
and mid-term projects. She discussed the projects which have already been funded and stated the
four projects which would be funded by this appropriation include wayfinding, an interim asphalt
sidewalk, gateway and interpretive signage and neighborhood monuments, as well as alley
improvements.
Cheryl Distaso, Fort Collins Community Action Network, stated the aforementioned Stanford
study, the staff -level gentrification task force and this Ordinance need to be examined within the
workings of the proposed citizen task force. She suggested changes to the Ordinance including
the elimination of the monument signs and additional inclusion of the Stanford social -inclusion
research project.
Betty Aragon opposed the use of the term Lincoln Neighborhoods and stated the area should be
referenced as Tres Colonias. She discussed the importance of addressing gentrification in a
transparent, public manner and supported Ms. Distaso's Ordinance amendments.
Jerry Gavaldon discussed the Stanford social -inclusion research report and stated this project
could be used to help alleviate distrust of City officials as indicated in the report.
Cheryl Glanz discussed the history of the neighborhoods and the importance of area
improvements.
Mike Pruznick questioned the monument sign costs.
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February 3, 2015
Mayor Weitkunat noted this Ordinance would appropriate funds and allow the formation of a
neighborhood advisory group, not fund specific items. She asked about the evolution of the
$30,000 monument signage item. Cumbo replied it was one of the items resulting from the
neighborhood stakeholder group and was suggested by residents of the neighborhood. The soft
cost estimate assumed two signs for each of the three neighborhoods,. the purpose of which
would be to preserve some of the historical identity of the area.
Mayor Weitkunat suggested rewording the Ordinance to suggest historical interpretive signage in
order to eliminate the contentiousness of the item.
Councilmember Campana requested staff provide a copy of the sustainability and social -
inclusion study. He supported the appropriation Ordinance and discussed ,the importance of
eliminating any perceived racial tension.
Mayor Pro Tent Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 016, 2015, on First Reading.
Mayor Pro Tern Horak suggested the neighborhood advisory group allows for an interactive
process to ensure appropriate projects. He opposed making wording changes until the social -
inclusion study has been further examined and discussed staff research on the gentrification
issue.
Councilmember Troxell supported the Ordinance and stated the social -inclusion study needs
further vetting prior to using it as a basis for Ordinance language.
Mayor Weitkunat asked if Mayor Pro Tern Horak and Councilmember Troxell would support
replacing the monument wording with a reference to historical interpretation. Mayor Pro Tern
Horak and Councilmember Troxell accepted the wording changes as a friendly amendment.
Councilmember Overbeck expressed concern regarding gentrification throughout the city and
proposed the postponement of consideration of the Ordinance to add language addressing the
gentrification conversation.
Mayor Pro Tern Horak opposed postponement of the appropriation and stated there are no
economic development projects that are forcing people out of neighborhoods.
Councilmember Cunniff supported the neighborhood improvements and the formation of a
neighborhood advisory group; however, he expressed concern regarding the ad hoc nature with
which the reserves resources are being approached.
Mayor Weitkunat stated this is a good news item and will fund necessary planned improvements.
RESULT: ORDINANCE NO. 016, 2015, ADOPTED ON FIRST READING [4 TO 21
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
RECUSED: Poppaw
(Secretary's note: The Council took a brief recess at this point in the meeting.)
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February 3, 2015
14. Public Hearing on Ballot Question Protest and Consideration of Related Resolutions.
(Adopted)
A. Public Hearing and Motion regarding Sutherland protest.
B. Resolution 2015-019 Submitting to the Registered Electors of the City an Ordinance Extending
the Expiring Twenty -Five Hundredths Percent (0.255vo) "Building On Basics" Capital Projects
Sales and Use Tax For a Period of Ten Years for the Purpose of Obtaining Revenue for the
"Community Capital Improvement Program" Capital Projects and Related Operation and
Maintenance, and Superseding Resolution 2015-012.
C Resolution 2015-020 Submitting to the Registered Electors of the City at the April 7, 2015
Regular City Election the Question of the Extension of the Expiring Quarter -Cent Sales and Use
Tax Used to Fund the City's Street Maintenance Program, and Superseding Resolution 2015-
013.
The purpose of this item is to (1) hold a hearing to address a protest of ballot questions and (2) adopt
new resolutions establishing ballot language to supersede Resolution 2015-012 and Resolution
2015-013, which were adopted on January 20 concerning expiring taxes for capital projects and
street maintenance.
Councilmember Poppaw withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Conniff, for Council to
suspend its rules of procedure governing City Council meetings in order to take public comment
two separate times in connection with Agenda Item No. 14, first related to the protests that have
been filed regarding the form of the proposed ballot language and then after resolution of the
protest related to the resolutions presented for consideration under Item No. 14.
The vote on the motion was as follows: Yeas: Campana, Overbeck, Troxell, Conniff, Horak and
Weitkunat. Nays: none.
THE MOTION CARRIED.
Interim City Attorney Daggett reviewed the process for a protest hearing.
City Clerk Nelson stated three protests have been filed related to the proposed Resolutions, each
of which relates to the initial clause of the ballot language, "without raising additional taxes."
Mayor Weitkunat stated the protests will be consolidated into one hearing.
Eric Sutherland, Protestor, stated the use of the language "without raising additional taxes" is
misleading.
Mike Pruznick, Protestor, stated Council's job is to protect human rights and alleged the ballot
language is misleading.
Stacy Lynne stated it is illegal to mislead voters.
Mr. Sutherland elected not to provide a rebuttal.
Mr. Pruznick encouraged Council to do the right thing.
Mayor Weitkunat closed the public hearing.
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February 3, 2015
Councilmember Cunniff noted the BOB 1.0 ballot measure from 2005 did not contain the phrase
"without raising additional taxes" and asked if it was also the continuation of a 1/4 cent capital
improvement tax. Interim City Attorney Daggett replied in the affirmative.
Councilmember Cunniff asked if the insertion of the phrase is necessary. Interim City Attorney
Daggett replied case law evolves over in terms of interpreting both election laws and
TABOR and ballot language always involves an effort to match current interpretations of that
case law.
Councilmember Cunniff asked if the ballot language would be deemed insufficient should that
language not be included. Interim City Attorney Daggett replied one of the points from a
specific case is that it is important for the language of the ballot measure to not confuse voters
and that case found the use of the phrase "without raising additional taxes" was necessary.
Councilmember Campana stated the balance of the referenced statement is quite straight
forward.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, that the Council
find and determine, after having heard and considered the evidence and arguments presented at
tonight's protest hearing, that the form of the ballot language proposed in both Resolution 2015-
019 and Resolution 2015-020 is not confusing, misleading or in conflict with any other ballot
measure that will be on the ballot of the April 7th election, or contrary to any applicable legal
requirements.
Councilmember Cunniff stated he would prefer to find that the ballot measure is confusing and
strike the "without raising additional taxes" clause from both ballot measures in order to maintain
consistency with the initial BOB ballot measure.
Mayor Pro Tern Horak supported the Interim City Attomey's recommendation.
The vote on the motion was as follows: Yeas: Troxell, Horak, Weitkunat and Campana. Nays:
Overbeck and Cunniff.
THE MOTION CARRIED.
Eric Sutherland stated the City's budgeting process has not delivered a point where City
expenditures are accurately scrutinized in order to prioritize General Fund reserve spending.
Mike Pruznick discussed a letter from the Youth Board stating it does not support the inclusion
of a creative center in the capital improvement package.
Stacy Lynne encouraged consultation with outside counsel.
Councilmember Cunniff asked if outside election law legal specialists have been consulted in
previous years. Interim City Attorney Daggett replied in the affirmative; however, she noted
outside counsel was not consulted on this specific question.
Councilmember Cunniff made a motion, seconded by Councilmember. Overbeck, to postpone
consideration of this item until February 17th following consultation with outside counsel.
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February 3, 2015
Councilmember Troxell asked if other attorneys in the City Attorney's Office were consulted.
Interim City Attorney Daggett replied at least four attorneys, including John Duvall, Senior
Assistant City Attorney, have examined the item.
John Duvall discussed the case law and stated the court applied this language in its analysis.
Mayor Pro Tern Horak asked if other Resolutions could be approved on the 17th if outside
counsel opinion causes Council to rethink the issue. Interim City Attorney Daggett replied in the
affirmative.
The vote on the motion was as follows: Yeas: Cunniff and Overbeck. Nays: Horak, Troxell,
Weitkunat and Campana.
THE MOTION FAILED.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2015-019.
RESULT:
RESOLUTION 2015-019 ADOPTED [4 TO 21
MOVER:
Gino Campana, District 3
SECONDER:
Wade Troxell, District 4
AYES:
Weitkunat, Campana, Troxell, Horak
NAYS:
Overbeck, Cunniff
RECUSED:
Poppaw
(Secretary's note: Councilmember Poppaw returned at this point in the meeting.)
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2015-020.
RESULT:
RESOLUTION 2015-020 ADOPTED [4 TO 21
MOVER:
Gino Campana, District 3
SECONDER:
Wade Troxell, District 4
AYES:
Weitkunat, Campana, Troxell, Horak
NAYS:
Overbeck, Cunniff
RECUSED:
Poppaw
Mayor Pro Tem Horak made a motion, seconded by Councilmember Conniff, to request the
Interim City Attorney to seek outside counsel to provide a second opinion regarding the ballot
language included on the two previous Resolutions.
Councilmember Poppaw recused herself from the vote on this item.
Councilmember Cunniff stated he would like the opinion to address whether or not the exclusion
of the language would be considered misleading as well as whether the Supreme Court would
have found the inclusion of the language misleading.
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Campana, Overbeck, Troxell
and Cunniff. Nays: none.
City of Fort Collins Page 41
February 3, 2015
THE MOTION CARRIED.
15. Resolution 2015-021 Making an Appointment to the Art in Public Places Board. (Adopted)
Two vacancies currently exist on the Art in Public Places Board due to the expiration of terms of
members. By adopting Resolution 2015-018, Council has filled one of those vacancies.
Councilmembers Bob Overbeck and Wade Troxell were unable to reach an agreement on a
recommendation to fill one vacancy on the Art in Public Places Board. The Council interview team
wishes to submit two names for Council's consideration for that position: Ray Tollison and Sabrina
Zimmerman.
Councilmember Overbeck stated this item resulted from a clerical issue in which only two
appointments should have been considered rather than three and he and Councilmember Troxell
did not agree on two candidates; -therefore, this item will be coming before Council for
consideration.
Councilmember Troxell supported Roy Tollison for the Art in Public Places Board vacancy.
Councilmember Overbeck supported Sabrina Zimmerman for the Art in Public Places Board
vacancy.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2015-021 with the inclusion of Sabrina Zimmerman as the Board appointee.
Mayor Pro Tern Horak and Mayor Weitkunat discussed the importance of bringing in new
Boardmembers.
Councilmember Troxell stated he would support the motion.
Councilmember Poppaw thanked all of the citizens who serve on the City's Boards and
Commissions.
RESULT: RESOLUTION 2015-021 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
16. Resolution 2015-022 Appointing an Ad Hoc City Council Committee to Study Alternatives for
Time -of -Use Electric Rates and Related Programs. (Adopted)
The purpose of this item is to establish an ad hoc City Council committee to study and make
recommendations to the Council by the end of March 2015. This will allow Electric Utility staff to
share advantages and disadvantages of different approaches and programs and gain input needed
in order to prepare proposed Code changes for Council consideration in the coming months.
Discussions will be around implementing a time -of -use pilot study, how to set a monthly fixed charge
as part of a time -of -use rate, and potential low-income rate structures.
Mike Pruznick stated residents and local small businesses should not be subsidizing the rates for
big businesses.
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February 3, 2015
Mayor Pro Tern Horak made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2015-022 with the inclusion of Councilmembers Campana and Cunniff.
Mayor Pro Tern Horak noted different user groups are charged different rates due to cost of
service differences.
RESULT: RESOLUTION 2015-022 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER:, Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
• Executive Session Authorized
Mike Pruznick requested Council release documentation following the Executive Session.
Mayor Weitkunat noted no action is taken during Executive Sessions and Item No. 18 will be
considered after the conclusion of the Executive Session.
Jonathan Carnahan asked what will be discussed during the Executive Session and stated he
would prefer to hear the discussion in public.
Mayor Pro Tern Horak. made a motion, seconded by Councilmember Cunniff, to go into
Executive Session for the purpose of meeting with the City Attorney, City Manager and other
affected members of City staff to discuss specific legal questions related to CSU projects as
permitted under Article 2, Section I 1-2 of the Charter and Section 2-31(a)(2) of the City Code
and Colorado Revised Statutes Sections 24-6-402(4)(b).
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
• Council will consider a motion to waive attorney/client privilege regarding the City's authority over
Colorado State University projects.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, that Council
waive on behalf of the City, the Attorney -Client privilege that would otherwise apply to the
confidential memorandum to the Mayor and City Councilmembers from the Deputy City
Attorney, Paul Eckman, through Interim City Attorney Carrie Daggett, dated January 31", 2015
regarding City land use regulatory power over Colorado State University and direct the City
Attorney to release that memorandum to the public.
Doug Brobst supported the release of the memorandum and the waiver of the Attorney -Client
privilege.
Linda Vrooman stated there has never been honest, open information available about the
proposed stadium and supported the waiver.
City of Fort Collins Page 43
February 3, 2015
Patrick Reining supported the Attorney -Client privilege waiver and questioned whether
Councilmember Troxell should recuse himself from discussions regarding the item.
Councilmember Troxell stated the Council Ethics Committee has found Councilmember Troxell
does not have a conflict of interest regarding this topic and cited other discussions regarding
CSU from which he did recuse himself.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Bob Overbeck, District 1
AYES:
Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
• OTHER BUSINESS
• Motion to include the map of areas of concern and an email from CSU attorney Jason Johnson
with the legal memo to be released to the public
Councilmember Cunniff requested the release `of map which would accompany ,the
aforementioned legal memo outlining the areas of concern in the city. Interim City Attorney
Daggett replied that is Council's prerogative.
Councilmember Conniff made a motion, seconded by Mayor Pro Tem Horak, to include the map
and email from CSU's attorney Jason Johnson to Carrie Daggett.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
Gerry Horak, District 6
AYES:
Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Councilmember Conniff requested an update regarding the City's plans around the ozone non -
attainment issue.
Councilmember Cunniff asked about the possible schedule for utility billing transparency, plant
investment fee and long-term financial plan.
Mayor Pro Tem Horak discussed the Addition of Permitted Use issue.
• ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adjourn to 6:00
PM on Tuesday, February 10th for a possible executive session and to consider such other
business as may come before the Council, noting one of the main purposes is to interview City
Attorney candidates.
City of Fort Collins I Page 44
February 3, 2015
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
The meeting adjourned at 10:30 PM.
ayor
ATTEST:
City Clerk
City of Fort Collins Page 45