HomeMy WebLinkAboutMINUTES-02/09/2016-AdjournedFebruary 9, 2016
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Adjourned Meeting — 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Campana, Troxell, Conniff, Horak
ABSENT: Overbeck
Staff present: Atteberry, Daggett, Winkelmann
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• CITIZEN PARTICIPATION
Cheryl Distaso, Fort Collins Community Action Network, commended the City's ordinance
regarding overflow shelters but expressed concern regarding individuals being turned away from
shelters. The City must stop criminalizing homelessness.
Eric Sutherland expressed concern regarding possible changes to the liquor license at Hughes
Stadium and discussed charter language regarding judicial appointments.
Lynn Barker discussed limited services for the homeless community and questioned where
homeless citizens should go during particularly inclement weather.
William Montgomery discussed recent charges against him and the discrimination against
homeless individuals.
Deborah James expressed concern regarding homeless individuals not being able to stay in
overflow shelters from 7:15 AM until 9.00 PM.
Jessica Aguilar expressed concern about overflow shelters not keeping promises to the
community.
David Montgomery expressed concern regarding businesses discriminating against homeless
individuals.
Mary Janser stated the City's laws regarding homelessness are unconstitutional.
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez requested information regarding the possibility that shelters are not
performing as they have promised. Jeff Mihelich, Deputy City Manager, replied there was never
a promise made by shelters to guarantee space for every homeless individual. He noted there are
more shelter beds now than a year ago and it is a rare occasion when all shelter beds are full.
The shelters work together to ensure the maximum amount of space is available.
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February 9, 2016
Councilmember Martinez expressed concern regarding individuals who have consistently come
before Council stating beds are not available. The City needs to take a more active role in
ensuring these individuals are sheltered.
Councilmember Stephens discussed the Nashville model for addressing homelessness, which
included the faith community providing shelter. Fort Collins needs to address the issue more
urgently.
Councilmember Cunniff stated the City can do more in terms of partnering with the faith
community. He discussed the importance of advocating for statewide solutions and opposed
allowing camping in Natural Areas. He expressed concern regarding the potential liquor license
changes at Hughes Stadium.
Mayor Pro Tern Horak requested additional information regarding rangers ticketing in parks and
Natural Areas and stated Mr. Montgomery's concerns regarding businesses not allowing
homeless individuals to use facilities should be addressed.
• CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items on the Consent Agenda. .
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Gino Campana, District 3
AYES:
Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT:
Overbeck
2.
Consideration and Approval of the Minutes of the January 5 2016 Regular Council Meeting
and the January 12, 2016 Adjourned Council Meeting. (Adopted)
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The purpose of this item is to approve the minutes from the January 5, 2016 Regular Council
meeting and the January 12, 2016 Adjourned Council meeting.
This Ordinance, unanimously adopted on First Reading on January 19, 2016, 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 renewal grant of $15,000 from the U.S. Department of Veterans Affairs for
Veterans Adaptive Sports Programs serving disabled veterans and disabled members�of the Armed
Forces for the funding cycle of October 2015-September 2016.
3. Items Relating to City Property at the College Avenue and Prospect Road Intersection.
(Adopted)
A. Second Reading of Ordinance No. 013, 2016, Authorizing the Conveyance of City Property at
College Avenue and Prospect Road to Colorado State University.
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February 9, 2016
B. Second Reading of Ordinance No. 014, 2016, Declaring Certain City -Owned Property at College
Avenue and Prospect Road as Road Right -of -Way.
These Ordinances, unanimously adopted on First Reading on January 19, 2016, authorize the
conveyance of a portion of City property located at the northwest corner of College Avenue and
Prospect Road to Colorado State University and declare the remaining City property as road right-of-
way. Colorado State University (CSU) is developing a medical center on property it owns at the
northwest corner of the College Avenue and Prospect Road intersection. This development will
require the construction of ultimate road improvements adjacent to its development. The City owns a
small parcel of land located at the northwest corner of College Avenue and Prospect Road. The
property was purchased in 1995 as part of the College Avenue/Prospect Road Choices 95 Project.
A portion of the City property will be needed for right-of-way purposes as part of the ultimate road
improvements. The remaining portion of the City property is not needed for current or future right-of-
way needs. City staff desires to release the City's obligations related to the fee simple ownership of
the remnant parcel and proposes conveying the remnant portion of the property to the surrounding
property owner, CSU, while retaining a utility easement over the remnant parcel. Staff proposes
conveying the remnant portion at a minimal cost due to the overall benefits to the public and
supporting the City's goals and projects in the area. As part of the medical center project CSU will
dedicate the ultimate right-of-way along Prospect Road adjacent to the development. Ordinance No.
013, 2016 authorizes the conveyance of the remnant portion of the City property to Colorado State
University. Ordinance No. 014, 2016 officially establishes the remaining portion of the City property
as public road right-of-way.
4. Items Relating to the Maverik First Annexation. (Withdrawn)
FA
A. Resolution 2016-010 Setting Forth Findings of Fact and Determinations Regarding the Maverik
First Annexation.
B. Public Hearing and First Reading of Ordinance No. 017, 2016, Annexing the Property Known as
the Maverik First Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex 1.26 acres located at 4333 East Mulberry Street at the
southeast quadrant of 1-25 and State Highway 14. The parcel is a portion of the America's Best
Value and Inn and Suites hotel. The Initiating Resolution was adopted on December 15, 2015. The
property is located within the 1-25 Corridor Plan. A related item to zone the annexed property is
presented as Item No. 5 on this Agenda.
The purpose of this item is to,zone the property included in the Maverik First Annexation into the
General Commercial zone district. This item is a quasi-judicial matter and if it is considered on the
discussion agenda it will be considered in accordance with the procedures described in Section 1(d)
of the Council's Rules of Meeting Procedures adopted in Resolution 2015-091.
9. Resolution 2016-015 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Maverik First Annexation. (Adopted)
The purpose of this item is to annex the Maverik First Annexation. The applicant, Hanna DUL, Inc., .
has submitted a written petition requesting annexation of 1.26 acres located at 4333 East Mulberry
Street which is a portion of the existing hotel and property located at the southeast quadrant of 1-25
and East Mulberry Street. The site gains access from the Southeast Frontage Road. The requested
zoning for this annexation is C-G, General Commercial. The property is located within the East
Mulberry Corridor and 1-25 Corridor Plans. In accordance with the Intergovernmental Agreement for
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February 9, 2016
the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to
annex land that meets the minimum contiguity requirement, and based on a voluntary petition to
annex for the purpose of redeveloping the subject parcel. The subject parcel is part of a larger
parcel which is bordered on three sides by the Interchange Business Park which was annexed in
2005.
On December 15, 2015, Council approved a substantially similar resolution (Resolution #2015-110)
finding substantial compliance and initiating annexation proceedings. That resolution set February 2,
2016, as the date for the public hearing on the annexation. However, due to inclement weather, the
February 2 Council meeting was adjourned to February 9. To comply with statutory notice
requirements that require an annexation hearing to be held on the date set by Council and previously
communicated to the public by published notice, a resolution finding substantial compliance and
setting a new hearing date is being presented for Council consideration.
10. First Reading of Ordinance No. 019, 2016, Adding a New Section 1-23 to the Code of the City
of Fort Collins to Establish a One -Year Limitation for the Prosecution of City Code Violations
in Fort Collins Municipal Court. (Adopted)
The purpose of this item is to add a new Section 1-23 to the City Code to establish a one-year time
limitation, subject to certain tolling provisions, for how long after a person violates a provision of the
City Code that the person can be prosecuted in Fort Collins Municipal Court ("Municipal Court"). The
City Charter places a one-year time limitation on prosecutions of Charter violations in Municipal
Court, but neither the Charter nor the Code establishes a similar time limitation for Code violations.
As a result, the current controlling time limitation for prosecutions of Code violations in Municipal
Court is a one-year limitation with no tolling provisions that is set by state statute in C.R.S. Section
31-16-111. However, as a home. rule municipality, the City can establish its own time limitation and
tolling provisions for such prosecutions, as proposed in this Ordinance.
11. Resolution 2016-011 Approving Revised Costs and Fees for Fort Collins Municipal Court.
(Adopted)
The purpose of this item is to add a new $35 Active Condition Fee to the approved costs and fees for
cases in Fort Collins Municipal Court. This new fee would apply to dispositions on certain non -traffic
misdemeanor cases, including the new "Underage Possession of Alcohol' cases. The revenue from
this fee would help cover the administrative cost of setting up and monitoring compliance with
alternative sentencing conditions, such as alcohol and marijuana classes and useful public service,
as well as sealing such cases when required. The Active Condition Fee is the only fee that staff is
recommending be added or revised at this time.
12. Resolution 2016-012 Authorizing an Intergovernmental Agreement with Colorado State
University for Stormwater Related Research Services. (Adopted)
The purpose of this item is to obtain Council approval for a new City -Colorado State University
(CSU) agreement in the amount of $65,840 for stormwater related research services that would be
provided by CSU to the City in 2016.
• COUNCILMEMBER REPORTS
Councilmember Campana reported on the Landmark Preservation Commission's annual retreat
and the quality and commitment of the Boardmembers.
Councilmember Cunniff reported on the low -intensity development working group meetings.
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February 9, 2016
• DISCUSSION ITEMS
13. Second Reading of Ordinance No. 011, 2016, Amending Chapter 14 of the Code of the City of
Fort Collins Regarding Landmark Preservation. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on January 19, 2016 by a vote of 4-3 (Nays: Cunniff,
Overbeck, Stephens) amends the landmark designation procedure set forth in Article ll, Chapter 14,
of City Code to make the landmark designation process more efficient in cases where a property
owner does not consent to landmark designation ("non-consensual' designation) and the property is
already designated on the National and/or State Historic Registers, either individually or as a part of
a historic district.
Councilmember Campana stated this item was discussed at the Landmark Preservation
Commission retreat and noted the Commission recommended approval of this item with the
caveat that it not be retroactive to the beginning of the year, which is consistent with what was
approved by Council on First Reading.
Councilmember Cunniff stated he opposed this item on First Reading given process issues, but
stated he would vote in support of the Ordinance on Second Reading given the input from the
Landmark Preservation Commission.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 011, 2016 on Second Reading.
Councilmember Stephens stated she would also -support the item on Second Reading and asked if
there is any type of audit for buildings falling into the category of "demolition by neglect." Tom
Leeson replied that issue will be examined in the overview of the overall historic preservation
ordinance. I .
Mayor Troxell discussed the importance of using a proactive approach regarding historic
preservation.
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Mayor Pro Tem Horak commended this item as a good step forward.
RESULT:
ORDINANCE NO. 011, 2016, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Gino Campana, District 3
AYES:,
Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT:
Overbeck
14. First Reading of Ordinance No. 016, 2016, Appropriating Prior Year Reserves in the Water
Fund for a Project to Repair a Piped Section of the Michigan Ditch Tunnel Project. (Adopted
on First Reading)
The purpose of this item is to appropriate funds for the repair of a piped section of the Michigan Ditch
near Cameron Pass in eastern Jackson County. The Ditch experienced a catastrophic failure in
June, 2015, when the mountainside on which the Ditch is constructed slid downhill several feet. As a
result,' the Ditch is currently not able to deliver the majority of the decreed water to Joe Wright
Reservoir, which are released to meet City water supply needs either directly or by exchange.
Repairing the Ditch and restoring deliveries to Joe Wright Reservoir is essential to ensure that the
City fully utilizes its valuable Michigan Ditch supplies. Engineering assessments have been
completed with the recommended mitigation being a tunnel. The total mitigation cost is $8.25M of
which $700K has already been spent on the assessment and preliminary design. The 2015-16
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February 9, 2016
Budget process appropriated $1.25M toward the Michigan Ditch based on previous smaller
landslides and additional funds for general source of supply and water production replacement
projects of which $766,695 was allocated to this project. This appropriation ordinance is for the
remaining $6, 300, 000 of necessary funds to build the tunnel.
Kevin Gertig, Utilities Executive Director, stated this appropriation ordinance is for the repair of
a section of pipe on the Michigan Ditch which is critical for the City's water supply. He detailed
the issue with the pipe section and suggested repair method.
Mike Beckstead, Chief Financial Officer, stated the total cost of the project is estimated to be just
over $8.2 million, $700,000 of which has been spent to date. This appropriation is for $6.3
million and noted the Council Finance Committee recommended the use of available cash until
Capital Improvement Plans and financial plans are complete.
Councilmember Cunniff stated he is supportive of the project and finance method; however, he
questioned risk management issues and discussed a boring machine situation in Washington
state. Jon Haukaas, Engineering and Field Services Manager, replied the additional geotechnical
investigation done by the City in this case was warranted and truly mitigates the risk to the
maximum extent possible.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 016, 2016, on First Reading.
Mayor Pro Tem Horak questioned why the Art in Public Places funding was not part of this
project. Beckstead replied the Water Enterprise Fund has already contributed its annual limit of
0.5% of its budgeted operating revenues so no additional appropriation to APP is allowed in
2016 from the Water Enterprise Fund for this or any other appropriation request.
Mayor Troxell discussed the importance of the project.
RESULT:
ORDINANCE NO. 016, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Gerry Horak, District 6
.SECONDER:
Gino Campana, District 3
AYES:
Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT:
Overbeck
15. Second Reading of Ordinance No. 015, 2016, Amending the City of Fort Collins District -
Precinct Map. (Defeated)
This Ordinance, unanimously adopted on First Reading on January 19, 2016, amends the City of
Fort Collins District -Precinct Map to (1) align the City precinct boundaries with the County precinct
boundaries, which were amended in May 2015, and (2) adjust Council district boundaries to achieve
a required population deviation between the most populous district and the least populous district.
The district boundaries were last adjusted in August 2012. Due to concerns raised regarding the
transparency of the process and information provided regarding this redistricting, staff requests this
Ordinance be defeated on Second Reading to allow staff to initiate the notice process for a more
targeted redistricting proposal for Council to consider. A new ordinance will be brought forward after
the notice requirements have been met.
City Clerk Winkelmann stated staff has examined concerns raised by Eric Sutherland during
First Reading of this Ordinance and staff is recommending Council defeat the Ordinance on
Second Reading in order to ensure no future concerns with,the process.
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February 9, 2016
Dan Coldiron, Chief Information Officer, stated staff found that some of the new construction
data used by the GIS team for the analysis of the redistricting was not complete and did not
include certain construction projects. The preliminary results of the analysis including this new
data show a minor impact. Verifiable data has been requested from CSU regarding student
housing numbers.
Eric Sutherland stated this issue was a failure of due process and expressed concern regarding
citizens becoming disenfranchised. He recommended not making major redistricting
adjustments until after 2017 when the changes could be made without disenfranchising voters.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 015, 2016, on Second Reading.
RESULT:
ORDINANCE NO. 015, 2016 DEFEATED [1 TO 51
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez
NAYS:
Stephens, Campana, Troxell, Cunniff, Horak
ABSENT:
Overbeck
16. First Reading of Ordinance No. 021, 2016, Amending Chapter 7 of the Code of the City of Fort
Collins to Update and Amend Requirements and Procedures for City Elections. (Adopted on
First Reading)
The purpose of this item is to adopt changes to Chapter 7 of the City Code as recommended by the
City Clerk and the ad hoc Council Committee, to update and amend the election code.
City Clerk Winkelmann stated this item brings forth the recommendation of the ad hoc Council
committee that dealt with proposed election code amendments. She discussed state changes
regarding uniform and overseas voters, noting the committee recommended against adopting the
House Bill. City Clerk Winkelmann discussed other changes and procedures recommended by
the committee.
Eric Sutherland discussed the Municipal Election Code and Uniform Election Code and
encouraged the use of signature verification.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 021, 2016, on First Reading.
1
Councilmember Martinez asked how overseas and military ballots are addressed. City Clerk
Winkelmann replied all overseas voters first receive a letter indicating an election is upcoming,
ballots are mailed, and then allowed to be returned either by mail or electronically.
Councilmember Martinez asked about the process regarding rejected ballots. Chief Deputy City
Clerk Rita Knoll replied an effort is made to notify every voter with a deficiency in his or her
ballot; however, it is nearly impossible to find phone numbers for voters as election day nears.
Councilmember Martinez asked why signature verification has been discontinued. Chief Deputy
City Clerk Knoll replied election workers examine signatures to determine whether elements of
the voter's name printed in the address block are evident as the City does not currently have
access to signature images.
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February 9, 2016
Councilmember Stephens noted the signature verification machinery is quite expensive and often
still results in the need for hand verification. She stated the committee also felt the City's means
of reaching overseas voters is better than that prescribed by the State.
Chief Deputy City Clerk Knoll noted the signature. verification machine at the County is not
moveable; therefore the City's entire election process would need to be relocated to the County
facility in order to utilize that machine.
Mayor Troxell thanked the ad hoc Council committee and staff for work on the item.
RESULT:
ORDINANCE NO. 021, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT:
Overbeck
17. Resolution 2016-013 Appointing Two Councilmembers to Serve as Representatives on the
North Front Range Wasteshed Policy Group. (Adopted)
The purpose of this item is to appoint two City Councilmembers to represent the City of Fort Collins
on an interagency policy working group, convened by Larimer County, to address_ the future of
regional solid waste disposal and materials management.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2016-013, inserting the names of Mayor Troxell and Councilmember Cunniff.
Mayor Pro Tern Horak discussed the importance of this Group and recommended Mayor Troxell
and Councilmember Cunniff for the position.
RESULT:
RESOLUTION 2016-013 ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Gino Campana, District 3
AYES:
Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT:
Overbeck
• OTHER BUSINESS
Councilmember Martinez requested and received Council support for the creation of a decision
tree or matrix on measuring the cost of housing. City. Manager Atteberry stated staff can place
some type of a consistent review in a budget offer for the 201772018 budget.
Councilmember Campana noted incremental costs are added to the cost of housing in various
processes throughout the year and stated the analysis of those impacts could fall under the
economics of the triple bottom line.
Mayor Pro Tem Horak stated the information needs to be tied to the total cost of housing.
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February 9, 2016
• ADJOURNMENT
The meeting adjourned at 7:51 PM.
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ATTEST:
W W1..,
City Clerk
City of Fort Collins Page 359