HomeMy WebLinkAboutMINUTES-03/01/2016-RegularMarch 1, 2016
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Stephens
Staff present: Atteberry, Daggett, Winkelmann
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item #14, Resolution to approve the Memorandum of
Understanding regarding the Poudre River Instream Flows, has been amended.
• CITIZEN PARTICIPATION
Philip Beers, President of ARC of Larimer County, expressed appreciation for the
Developmental Disability Awareness Month proclamation and thanked Council for its work
toward making the community disability -friendly.
Tina Green expressed appreciation for the Developmental Disability Awareness Month
proclamation.
Owen Armstrong discussed meeting his friend Brady.
Storm Downing discussed meeting Brady.
Ella Blakeley expressed appreciation for the Developmental Disability Awareness Month
proclamation and discussed meeting her friend Brady.
Cardine Hartman discussed meeting her friend Brady.
Dylan Green discussed his brother Brady.
Cheryl Distaso, Fort Collins Community Action Network, thanked Council for reconsidering its
camping ban and stated sleep is a human need. She suggested ticketing not be allowed between
the hours of 6 PM and 8 AM. '
Eric Sutherland discussed violations of the Municipal Code.
Mike Herder thanked Councilmembers Overbeck, Stephens and Horak for looking into solutions
for homelessness. He questioned the future of broadband in Fort Collins, briefly discussed the
new downtown hotel, and the need for affordable housing.
Lynn Barker commended the children who spoke earlier in the meeting and discussed the need
for -affordable housing in the community.
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March 1, 2016
Jeff Johnson, Affordable Housing Board Chair, discussed Agenda Item No. 8, First Reading of
Ordinance No. 028, 2016, Authorizing the Release of Restrictive Covenants on Property at 520
Cherry Street Owned by the Fort Collins Housing Corporation, noting the Board supported the
item.
Mary Jancser discussed the camping ordinance and the importance of sleep.
Deborah James expressed appreciation for the Developmental Disability Awareness Month
proclamation and stated many homeless individuals work and save money in the hopes of
acquiring affordable housing.
Thomas Edwards, Fort Collins Bicycle Coalition, discussed cycling numbers in the community,
suggesting the number of cyclists is decreasing.
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Cunniff requested information regarding the comments about broadband
service. City Manager Atteberry replied he has heard Google has not expressed - interest in
providing broadband service in Colorado but there is ample time for dialogue around the
broadband topic.
Councilmember Cunniff requested a report regarding trespassing tickets issued to individuals
who may be homeless.
Councilmember Martinez requested information regarding the appointment of Municipal Judges.
City Attorney Daggett replied Council authorized the City Manager to enter into
intergovernmental agreements in 1993, and in 1994, the City Manager entered into an
intergovernmental agreement with Greeley and Loveland related to the sharing of judge services
in connection with conflict of interest situations wherein the sitting judge would not be available.
The IGA has been used -very infrequently, and because of the age of the IGA and the need to
process the issue more fully, staff has been working with Loveland and Greeley to negotiate an
updated agreement which will come before Council soon.
Mayor Pro Tern Horak stated follow-up regarding the homeless issue will occur with Mr. Herder
and requested information regarding tomorrow night's meeting. Jeff Mihelich, Deputy City
Manager, replied there is an open public meeting March 2 at 7 p.m. at 215 North Mason to
discuss the proposed camping ordinance and to solicit.ideas and suggestions.
• CONSENT CALENDAR
Eric Sutherland withdrew Item No. 9, First Reading of Ordinance No. 029, 2016, Authorizing
the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public
Improvements in. Connection with the Northeast College Corridor Outfall Project and the Lemay
Avenue and Suniga Drive Right -of -Way Alignment, and 12, Resolution 2016-021 Ratifying
Appointments to the Poudre River Library District Board of Trustees, from the Consent Agenda.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items not withdrawn from the Consent Agenda. —
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March 1, 2016
RESULT`.
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Gino Campana, District 3
AYES:
Martinez, Overbeck, Campana, Troxell, Cunniff, Horak•
ABSENT:
Stephens
Consideration and Approval of the Minutes of the February 9, 2016 Adjourned Council
Meeting and the February 16, 2016 Regular Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the February 9, 2016 adjourned Council
meeting and the February 16, 2016 Regular Council meeting.
2. Second Reading of Ordinance No. 022, 2016, Appropriating Prior Year Reserves in the
Transportation Fund for Consulting Services Related to Interstate 25 (1-25) Traffic Solution
Efforts. (Adopted)
3.
This Ordinance, unanimously adopted on First Reading on February 16, 2016, appropriates funds to
contract with a lobbying and communications firm -to advocate for solutions to Interstate 25 traffic
congestion. City leaders have worked in partnership with regional partners to identify and pursue
funding for years. Numerous efforts, initiatives, and actions have been taken or are'underway to urge
the Colorado legislature and Colorado Department of Transportation (CDOT) to accelerate
improvements to Interstate 25 (1-25). This $30,000 appropriation for advocacy would augment and
enhance regional efforts and ensure Fort Collins has representation in discussions on 1-25. This item
supports the adopted recommendations of the 2011 North 1-25 Environmental Impact Statement
(EIS), and also supports Council priority for 1-25 funding; Strategic Plan Objectives: Transportation
6.1, 6.4; and Council legislative policy agenda. The funds would be appropriated from prior year
reserves in the Transportation Fund.
(Adopted)
This Ordinance, unanimously adopted on First Reading on February 16, 2016, .funds the City's
contribution to employees' Retirement Health Savings (RHS) plans for members of the Police
Services Collective Bargaining Unit. On December 1, 2015, Council approved the Collective
Bargaining Agreement with Bargaining Unit members of Police Services. As part of this contract, the
City agreed to make contributions to the RHS plans of Bargaining Unit members. This Ordinance
transfers the money from prior year reserves to pay this cost, which is estimated to be $225,000.
4. Second Reading of Ordinance No. 024, 2016, Adopting the 2016 Amended Classified
Employees Pay Plan. (Adopted)
This Ordinance, unanimously adopted on First Reading on. February 16, 2016, amends the City's
Classified Employee Pay Plan based on a market analysis conducted as agreed upon through the
2016-2017 Collective Bargaining Agreement with the Northern Colorado Lodge #3 of the Fraternal
Order of Police (FOP). This agreement was approved by Council by Resolution on December 1,
2015. Although ratified in 2015, the bargaining agreement specifies a salary data collection method
and evaluation process that included the postponement of final data collection and analysis until
January 2016 when additional benchmark data became available. This data has been collected and
analyzed, resulting in the revised 2016 Classified Employee Pay Plan.
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March 1, 2016
5. Second Reading of Ordinance No. 025, 2016, Authorizinq the Sale of City -Owned Property at
1506 West Horsetooth Road, Fort Collins. Colorado, to the Housing Authority of the City of
Fort Collins. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 16, 2016, authorizes
conveyance of the property at 1506 West Horsetooth Road to the Housing Authority of the City of
Fort Collins (FCHA). The City purchased this property in 2003 as part of the Affordable Housing
Land Bank program. Since its purchase, the City has leased this 8:3-acre property for
residential/horse uses. This Ordinance follows from City Council's approval of Resolution 2016-008,
which gave staff direction to continue to work with FCHA on this purchase and to bring forward an
ordinance authorizing sale of the property to FCHA. An ordinance to make changes to the
affordability requirements in the Land Bank Program Code language will be considered by City
Council in March. '
6. First Reading of Ordinance No. 026, 2016, Establishing Rental Rates and Delivery Charges for
the Use of the City's Raw Water for the 2016 Irrigation Season. (Adopted)
The purpose of this item is. to obtain City Council approval of rates and charges for the rental and
delivery of the Utilities raw water supplies for the 2016 irrigation season. These rates are used to
invoice agricultural, contractual, and other water users. 1
7.
The purpose of this item is to consider a 12-month extension to the Planned Development Overlay
District (PDOD) Pilot Process, as the current pilot will expire on March 9, 2016. A request has been
received by a prospective applicant within the Planned, Development. Overlay District (PDOD)
boundary to extend the pilot for an additional twelve months.
8. First Reading of Ordinance No. 028, 2016, Authorizing the Release of Restrictive Covenants.
on Property at 520 Cherry Street Owned by the Fort Collins Housing Corporation. (Adopted)
61
10.
The purpose of this item is to authorize the release of the Agreement of Restrictive Covenants
Affecting Real Property for the property located at 520 Cherry Street, Units,A and B, currently owned
by the Fort Collins Housing Corporation.
PDP 140004. (Adopted)
The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the
Administrative Hearing Officer's decision to approve the Capstone Cottages Project Development
Plan. The appeal was heard by City Council on February 16, 2016.
Poudre River Downtown Project. (Adopted)
The purpose of the item is to request an exception to the competitive purchasing process for the
contracting of services with Anderson Consulting Engineering, Inc. to complete the design, permitting
and construction administration of the Poudre River Downtown Project. Anderson Consulting
Engineers is the lead consultant for the project and for the last three years has led the large
interdisciplinary team responsible for preparation of preliminary design documents. Their work
includes preparation of City development review drawings, hydraulic and stormwater modeling,
construction documents, and coordination with multiple agencies including US Corp of Engineers,
Colorado Parks and Wildlife and FEMA to secure the necessary permits for the project. The team
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March 1. 2016
has made considerable progress on the overall design, and developed collaborative partnerships
with numerous stakeholders. In addition, the team has been instrumental in preliminary design of
the river wave features and pools that incorporate fish passage structures and stormwater
enhancements. Establishing a new contract with another consulting firm at this stage of the project
would result in delays, additional cost to the City, and loss of coordination efforts with agencies
conducted to date.
• CONSENT CALENDAR FOLLOW-UP
Mayor Pro Tern Horak thanked Mr. Johnson for his comments regarding Item No. 8, First
Reading of Ordinance No. 028, 2016, Authorizing the Release of Restrictive Covenants on
Property at 520 Cherry Street Owned by the Fort Collins Housing Corporation, and suggested a
review the process for approving sole source contracts for continuation of work.
• STAFF REPORTS
Councilmember Martinez requested a brief update on the homelessness issue. Beth Sowder,
Social Sustainability Director, replied much work regarding homelessness is being done,
including discussions about increasing the availability of winter overflow shelters, a new
community program called Outreach Fort Collins, and adding more availability to the homeless
management information system. Jeff Mihelich, Deputy City Manager, noted the importance of
this issue to the entire community and discussed a visit to Nashville, which is known as a best
practice city on the. issue of homelessness. Voters approved $5 million of spending as part of
BOB 2.0 for permanent supportive housing.
Councilmember Martinez discussed a monthly report by the Salvation Army regarding its work
around homelessness.
Mayor Pro Tern Horak requested staff and Council not use acronyms and asked if the
information regarding homelessness is easy for citizens to find. Sowder replied information is
available on the City's Social Sustainability page and stated work is being completed with
Homeward 2020 to get a monthly snapshot of the entire community's efforts.
Councilmember Cunniff asked how many individuals will be displaced after the overflow
shelters close on April 15th. Sowder replied the number of people turned away at shelters is
relatively low, but acknowledged additional beds will go away after the April date.
Councilmember Cunniff requested follow-up regarding the possibility of the overflow shelters
not closing.
• COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the Poudre Heritage Alliance's visit to the Wind River
Reservation and visit with the Northern Arapahoe Tribe.
Mayor Pro Tem Horak reported on a fundraiser for a garden at Irish Elementary School.
Mayor Troxell reported on the placement of a plaque at 317 Cherry Street, the childhood home
of Hattie McDaniel, by the Pioneer Association. Additionally, he noted February is Black
History Month. He also reported on the Northern Colorado Housing Affordability meeting.
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March 1. 2016
• DISCUSSION ITEMS
11. First Reading of Ordinance No. 030, 2016, Regarding Adoption of a New Article VIII of Chapter
5 of the Code of the City of Fort Collins Involving the Establishment and Resolution of
Construction Defect Claims. (Adopted on First Reading)
The purpose of this item is to clarify that the failure to substantially comply with the City Building
Code may not be used to support or prove any construction defect claim, to require provision of
additional information to residential unit owners prior to any legal action involving a construction
defect claim; and to prohibit modifying or eliminating any requirement for alternative dispute
resolution in a common interest community declaration that meets certain requirements.
Tom Leeson, Community Development and Neighborhood Services Difector, -stated this
Ordinance addresses construction defects on a local level. He discussed the need to strike a
balance between consumer protection and predictability for everyone involved in the process.
This proposed Ordinance reflects an important step in addressing the construction defects issue
but does not negate the need for state action, which is ultimately needed for true reform.
Eric Sutherland stated the City is interjecting in state affairs with this proposed Ordinance.
Insurance burdens are the root of the problem.
Councilmember Cunniff asked about possible other .causes for a lack of multi -family, owner -
occupied units. Leeson replied other communities have adopted similar ordinances; however,
there is no conclusive evidence that they are having a positive impact on . the multi -family
market. Market factors could be involved; however, owner -occupied units are not being
proposed .in municipalities primarily because of the construction defects legislation at the state
level:
Councilmember Cunniff asked about a portion of the Ordinance which appears to address all
construction in the City. Leeson replied the referenced section establishes the Building Code as
the standard by which construction defects are examined. The section is not necessarily specific
to common interest communities. Judy Schmidt, Senior Assistant City Attorney, stated this
section is an effort to state the Building Code is intended to set standards for construction, not
standards for what is defective construction for purposes of litigation.
Councilmember Cunniff asked if it would harm the code change to add a section addressing
other financial damages resulting from lack of compliance with the Building Code. Schmidt
replied that could be examined; however, that may already be covered to some degree by the
existing language.
Councilmember Cunniff requested an examination of that possibility prior to Second Reading.
He asked why the 50% majority of owners was included in the Ordinance. Schmidt replied that
number was selected as a majority rule likely makes sense.
Councilmember Cunniff asked about the standard for a class action claim. Leeson replied the
standard for a construction defect claim is if the defect affects five or more of the units. An
individual can also bring a construction defect claim forward.
Councilmember Campana made a motion, seconded by Mayor Pro Tem Horak, to approve
Ordinance No. 030, 2016, on First Reading.
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March 1, 2016
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to amend the
Ordinance by replacing the language regarding the 50% majority with 33%.
Councilmember Campana argued the standard should be higher rather than lower.
Mayor Troxell opposed the amendment.
City Attorney Daggett read the proposed amendment language.
The vote on the amendment was as follows: Yeas: Cunniff and Overbeck. Nays: Horak, Troxell,
Martinez and Campana.
THE MOTION FAILED.
Mayor Pro Tern Horak noted communities passing these types of ordinances have put pressure
on the Colorado legislature to take action.
Councilmember Cunniff stated he would not support this particular Ordinance; however, he may
change his mind should his concerns be addressed prior to Second Reading.
RESULT: ORDINANCE, NO. 030, 2016, ADOPTED ON FIRST READING [4 TO 2]
MOVER: Gino Campana, District 3
SECONDER: Gerry Horak, District 6
AYES: Martinez, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
ABSENT: Stephens
iFi
Cache La Poudre River. (Adopted as Amended)
The purpose of the item is to seek Council approval of a proposed Agreement between various
parties to implement Phase I of a three-phase project to develop an instream flow augmentation plan
on the Poudre River through and near Fort Collins.
John Stokes, Natural Areas Director, stated this Resolution involves a proposed
intergovernmental agreement (IGA) concerning the Poudre River Instream Flow Augmentation
Agreement: The ultimate purpose of this idea is to develop a program that would augment and
protect stream flows on the Poudre River. Stokes discussed the history of this potential program
and stated the current partners in the proposed IGA are Cache ]a Poudre Water Users
Association, the City of Greeley, Northern Water, and the Colorado Water Trust. Additionally,
Stokes described the study which would occur should this plan move forward and stated
augmented flows would flow through a certain reach of river and would be protected from
diversion. He noted staff and Council are standing by critical comments made in 2015 regarding
the Northern Integrated Supply Project (NISP)
Eric Sutherland stated Mr. Stokes' presentation did not outline any theoretical path to success.
He discussed NISP and stated a neighboring community is building a 5-foot diameter pipeline
and claimed the City falsely represented land ownership.
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March 1, 2016
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2016-022.
Councilmember Martinez asked if there is any substance to Mr. Sutherland's claims regarding
false representation of land ownership. City Attorney Daggett replied the property dispute
regarding the Brinks property was resolved last year to the satisfaction of the Brinks family.
Councilmember Cunniff asked if it would be possible for Council to receive a report specifying
the potential for instream flows with and without this provision of the water law being
interpreted as described, as well as with and without NISP being built. Stokes replied most of
that information is available but noted it will be difficult to identify every nuance.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck; -to amend the
language of the Resolution regarding the City's position on NISP.
Mayor Pro Tem Horak and Councilmember Martinez accepted the friendly amendment.
Mayor Pro Tem Horak requested Stokes follow-up with information regarding the Greeley
pipeline and other possibilities.
Councilmember Campana commended work on the item.
Mayor Troxell supported the Resolution and its innovative and collaborative nature.
RESULT:
RESOLUTION 2016-022 ADOPTED AS AMENDED [UNANIMOUS] .
MOVER:
Gerry Horak, District 6
SECONDER:
Ray Martinez, District 2
AYES:
Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Stephens
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
13. Resolution 2016-023 Approving and Adopting an Updated Water Efficiency Plan. (Adopted)
The purpose of this item is to adopt the 2015 Water Efficiency Plan (Plan), the draft of which was
presented to Council at the October 13, 2015 work. session. The Plan will replace the existing 2009
Water Conservation Plan. Based on feedback from the City Council October 13, 2015 work session
and the completed public comment period ending January 15, 2016, which included presentations to
City boards and select community organizations, staff recommends the approval and adoption of the
Plan which includes the following:
• A new water efficiency goal of 130 gallons per capita per day by the year 2030
• New water efficiency metrics of total gallons saved and participatiod as the key metrics of water
conservation performance
• A focus on programs, projects, and events that:
o Leverage smart meter system capabilities and data
o Promote and support greater outdoor water efficiency
o Encourage greater integration of water efficiency into land use planning and building codes
o Expand commercial and industrial sector strategies
o Increase community water literacy.
Kevin Gertig, Utilities Executive Director, stated this item would adopt the updated Water
Efficiency Plan which replaces the plan that has been in place since 2009.
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March 1, 2016
Liesel Hans, Water Conservation Manager, briefly discussed the history of water conservation in
the City and stated this document entails information about water supplies, historical water
demands, and details the Plan's goals and objectives and their implementation.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 20016-023.
Councilmember Campana asked if historic water conservation goals were listed as part of the
plan. Hans replied that information is in the work session presentation materials and discussed
those goals.
Mayor Pro Tern Horak commended work on the item and asked about the way in which system
losses are addressed. Hans replied the water industry is moving toward a new water loss audit
process which is currently being explored in the Utilities Department.
Mayor Pro Tern Horak asked how Utilities accounts for the latent water in the system. Jon
Haukaas, Water Utilities, replied pipes are considered full at all times; therefore, the volume that
is contained within the pipes is considered a constant.
Mayor Troxell commended work on the item.
RESULT:
RESOLUTION 2016-023 ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Stephens
14. Second Reading of Ordinance No. 021, 2016, Amending Chapter 7 of the Code of the Citv of
Fort Collins to Update and Amend Requirements and Procedures for City Elections. (Adopted
as Amended on Second Reading)
This Ordinance, unanimously adopted on First Reading on February 9, 2016, amends Chapter 7 of
the City Code to update and amend the election code, as recommended by the City Clerk and the ad
hoc Council Committee.
City Clerk Wanda Winkelmann stated this item addresses applicable law provisions and
signature verification, reviews staff s suggested amendment regarding absentee ballots, and
allows for Council to provide feedback on a possible Charter amendment regarding Council
compensation.
City Attorney Daggett discussed changes made to the Ordinance since First Reading involving
language simplification and clarification. She requested Council make an amendment to add the
term "in the City's Municipal Court or Larimer County District Court" in order to specify the
specific courts that have jurisdiction to hear these challenges.
City Clerk Winkelmann discussed an upcoming House Bill which will require municipalities to
conduct signature verification after March 30, 2018. The Secretary of State's office will be
establishing rules for use of the signature verification system and staff will return to Council later
in 2016 with a possible Code amendment to require signature verification starting with the 2019
municipal election. Another possible Charter amendment would permit members of City
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March 1, 2016
Council to accept a lower salary or no salary at all and staff is recommending absentee ballots be
available to anyone needing such a ballot in a manner other than paper.
Eric Sutherland discussed the Uniform Election Code. Voters were misled with ballot language
in the April 2015 election.
Councilmember Martinez requested more details regarding signature verification. Deputy City
Clerk Rita Knoll replied the bill, as currently drafted, provides that one of multiple election
judges must find the signature on a ballot to be a match with the signature database. There are
provisions for contacting voters should a ballot be rejected based on the lack of a matching
signature.
Councilmember Martinez asked, if the • City will utilize the County's signature verification
system. City Clerk Winkelmann replied in the negative stating the City will be acquiring its own
software; however, she stated the County is willing to partner with the City on this effort.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 021, 2016, on Second Reading, as amended.
Mayor Pro Tern Horak and Councilmember Cunniff requested additional information regarding
the Council salary issue.
:l**1l1k6
MOVER:
SECONDER:
AYES:
ABSENT:
ORDINANCE NO. 021, 2016, ADOPTED AS AMENDED ON SECOND READING
[UNANIMOUS]
Gerry Horak, District 6
Ross Cunniff, District 5
Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
Stephens
• CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS
15.
Hignt-or-waV vwgnmem. tHaoptea on ruse Heaaingl
The purpose of this item is to obtain authorization from City Council to use eminent domain, if
deemed necessary, to acquire property interests needed to construct stormwater improvements
associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of
Lemay Avenue and Suniga Drive. The City Utility and the City Engineering Department are
collaborating on the design and implementation of two projects to provide public infrastructure in the
area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall
Project (NECCO) will construct storm drainage improvements, including an underground pipe and
detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of
College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way
improvements associated with the alignment of Lemay Avenue and Suniga Drive in accordance with
the City's Master Street Plan. The overlapping alignment of the two projects has created an
opportunity for the City to acquire the property interests necessary to construct the NECCO project in
a timely manner, as well as, procure the right-of-way interests for the future construction of the
Lemay Avenue and Suniga Drive intersection.
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March 1, 2016
In order for the City to construct these improvements, the City will need to acquire certain property
interests adjacent to the project area from three property owners. The acquisitions will include fee
simple parcels, permanent easements for drainage, utilities, and elevation changes ("slope
easements'), and temporary construction easements. Timely acquisition of the property is
necessary to meet the anticipated construction schedule for the NECCO. Staff fully intends to
negotiate in good faith with the affected owners and is optimistic that all property negotiations can be
completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all
-property acquisitions for the Project, only if such action is deemed necessary.
Eric Sutherland discussed eminent domain and property rights of owners andopposed the City's
handling of the property acquired for the Boxelder Stormwater Authority. He opposed the
placement of this item on the Consent Agenda.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Camparia, to adopt
Ordinance No. 029, 2016, on First Reading.
Mayor Pro Tern Horak noted these types of ordinances are seldom used and discussed the use of
the eminent domain tool.
Mayor Troxell noted this Council and previous Councils take the issue of eminent domain very
seriously and attempt to use eminent domain as a very last resort.
RESULT:
ORDINANCE NO. 029, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Gino Campana, District 3
AYES:
Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Stephens
16. Resolution 2016-021 Ratifying Appointments to the Poudre River Library District Board of
'Trustees. (Adopted) u
The purpose of this item is to reappoint John Frey to a second term and to appoint Fred Colby and
Joe Wise to the Poudre River Library District Board of Directors to fill vacancies that currently exists
due to the March 2016 term expiration for Michael Liggett and Madeleine Wawro.
Eric Sutherland opposed the reappointment of John Frey to the Poudre River Library District
Board of Trustees and discussed the mill levy for the Library District.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2016-021.
Mayor Pro Tern Horak discussed the interviews for this position and commended the work on
Mr. Frey on the Board. ,
RESULT:
RESOLUTION 2016-021 ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Gino Campana, District 3
AYES:
Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Stephens
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March 1, 2016
• . ADJOURNMENT
The meeting adjourned at 9:00 PM.
ATTEST:
City Clerk
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