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HomeMy WebLinkAboutMINUTES-11/17/2015-RegularNovember 17, 2015 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, Council -Manager Form of Government Regular Meeting — 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Jensen • AGENDA REVIEW: CITY MANAGER City Manager Atteberry withdrew Item No. 11, First Reading of Ordinance No. 150, 2015, Vacating Portions of Redwood Street Right -of -Way Consisting of a Portion of Right -of -Way Dedicated on the Replat (No. 1) Evergreen Park plat; the Right -of -Way Dedicated at Book 1607, Page 766 of the Lorimer County Records; and a Portion of Right -of -Way Dedicated at Reception No. 20060034597 of the Larimer County Records, from the Consent Agenda for additional work. Councilmember Cunniff withdrew Item No. 10, First Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on Maxwell Natural Area to the Board of Governors of the Colorado State University System, from the Consent Agenda. Councilmember Martinez withdrew Item No. 6, Items Relating to Utility Rates, Fees and Charges for 2016, from the Consent Agenda. Eric Sutherland withdrew Item No. 13, Resolution 2015-100 Supporting the Larimer County Proposal to Use County Mill Levy Funds for Interstate 25 (I-25) Improvements, from the Consent Agenda. • CITIZEN PARTICIPATION Helen Taylor requested the City designate 40 acres at Meadow Springs Ranch as a receiving site for prairie dogs that currently live on the west side of Lemay between Lincoln and Vine and on the New Belgium property. Her relocation group would cover the cost and physical relocation of the prairie dogs. . Linda Vrooman discussed the importance of the Pets Forever program and opposed its closure by CSU. Vivian Armendariz discussed the importance of .the Pets Forever ,program and opposed its closure by CSU. Diane Marschke discussed the importance of relocating prairie dogs and requested the City designate land at Meadow Springs Ranch as a'receiving site. Dori Aravis discussed the importance.of relocating prairie dogs rather than destroying them and requested the City designate land as a receiving site. City of Fort Collins Page 281 November 17, 2015 Kayla Cormack discussed the importance of relocating prairie dogs rather than destroying them and requested the City designate land as a receiving site. • CITIZEN PARTICIPATION FOLLOW-UP Councilmember Overbeck asked if the City has exhausted all its possibilities regarding prairie dog relocation. City Manager Atteberry replied he will return with information after speaking with staff. Mayor Pro Tem Horak stated it may make sense to discuss this issue among all affected parties to ensure the City's policy is on track regarding what to do when prairie dogs are located on developable properties. Councilmember Cunniff requested the information come in an appropriate timeline regarding the redevelopment at Lincoln and Lemay. . Councilmember Overbeck asked if there would be a possibility of the City working with the Pets Forever organization in its BFO process. City Manager Atteberry replied it could theoretically be included in a BFO offer; however, he noted the next budgeting cycle will not begin until the spring and the budget will not go into place until January 1, 2017. He added he would further look into the issue. , Councilmember Campana suggested adding the Pets Forever issue to the agenda for the next City/CSU liaison meeting. . • CONSENT CALENDAR Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the October 20. 2015 Regular Council Meetin (Adopted) The purpose of this item is to approve the minutes from the October 20, 2015 Regular Council meeting. 2. Second Reading of Ordinance No. 135, 2015, Adopting the 2016 Budget and Appropriating the Fort Collins Share of the 2016 Fiscal Year Operating and Capital Improvement Funds for the Fort Collins -Loveland Municipal Airport. (Adopted) This Ordinance, unanimously adopted on First Reading on November 3, 2015, appropriates the City's 50% share ($549,279) of the annual appropriation for fiscal year 2016 for the Fort Collins - Loveland Municipal Airport budget. The 2016 annual operating budget for the Airport totals $931,890, and will be funded from Airport operating revenues, contributions from the Cities of Fort Collins and Loveland ($177,500 from each City), and interest earnings. The budgeted 2016 Airport City of Fort Collins Page 282 , November 17, 2015 capital funds, totaling $166,668, will be used,to complete a major Airport improvement, including the second phase of the. construction of a snow removal equipment storage facility. a 3. Second Reading Ordinance No. 136, 2015, Appropriating Prior Year Reserves in the General Fund to Reimburse Custom Blending, Inc. For Use Taxes and Business Personal Property Taxes as Provided in the Business Investment Agreement. (Adopted) This Ordinance, unanimously adopted on First Reading on November 3, 2015, appropriates $13,130 of prior year reserves in the General Fund for a rebate to Custom Blending for use tax and business personal property tax rebates under an agreement approved by City Council on August 20, 2013 (Resolution 2013-073). The Agreement provides business investment assistance for the expansion of Custom Blending's manufacturing facility and investment in additional manufacturing equipment. Custom Blending has retained or created 63 primary jobs in the city. 4. Second Reading of Ordinance No. 137, 2015, Authorizing the City Manager and the Mayor to Enter Into an Agreement Regarding the City Ditch, Including the Quit Claim of a Portion of the City Ditch and the Granting of an Updated Easement Across the Waterworks Property. (Adopted) / This Ordinance, unanimously adopted on First Reading on November 3, 2015, requests approval of a proposed agreement between the City, the Larimer County Canal No. 2 Irrigating Company ("Ditch Company"), and The James S. Brinks Trust formed under the Trust Agreement dated November 30, 2007 ("Trust'), the quit claim of a portion .of the City Ditch, the granting of an updated easement across the Waterworks property, and the City's acquisition of, carriage rights. 5. Items Relating to the Design of the Police Regional Training Facility. (Adopted) A. Second Reading of. Ordinance No. 138, 2015, Appropriating Prior Year Reserves in the General Fund of the Design of the Police Regional Training Facility.. B. Resolution 2015-102 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the City of Loveland for the Purpose of Sharing -the Cost Related to the Design Phase of the Police Regional Training Facility. Ordinance No. 138, 2015, unanimously adopted on First Reading on November 3, 2015, will appropriate funding for the design phase of -the Police Regional Training Facility. The request is for $810,000 and authorization for funding for the FortCollins portion of the design phase. . Resolution 2015-102 will authorize the Mayor.to execute an intergovernmental agreement between the City of Fort Collins and the City of Loveland for the purpose of sharing the cost related to the design phase of the Police Regional Training Facility. 6. First Reading of Ordinance No. 147, 2015, Appropriating Prior Year Reserves in the General Fund to Reimburse Avago Wireless Technologies (U.S.A.) Manufacturing, Inc. For Use and Business Personal Property Taxes as Provided in Business Investment Agreements. (Adopted) The purpose of this item is to appropriate $467,663 of prior year reserves from the General Fund for a rebate to Avago Wireless Technologies (USA) Mfg. for use tax and business personal property tax rebates under two business investment agreements. The agreements provide business investment assistance to Avago for the expansion and retrofit of Avago's Building 4 for a wafer fabrication facility in 2012 and for a FBAR clean room facility in 2013. These two projects created an additional 227 primary jobs in the city. City of Fort Collins Page 283 November 17, 2015 7. First Reading of Ordinance No. 148, 2015, Amendinq the Code of the City of Fort Collins to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the City Code so as to Reflect Inflation in Associated Costs of Services. (Adopted) The purpose of this item is to update the City Code, which requires an annual adjustment to certain building permit related fees. Capital Improvement Expansion fees and Neighborhood Parkland fees are to reflect the changes in the Denver -Boulder -Greeley Consumer Price Index (CPI). Street Oversizing fees are adjusted by the changes posted -in the Engineering News Record (ENR). The CPI has increased 1.0% since its last adjustment and the ENR has not changed significantly enough to warrant an adjustment. These increases will go into effect on January 1, 2016. 8. Postponement of First Reading of Ordinance No. 107, 2015, Amending Section 23-130 of the Code of the City of Fort Collins Regarding the Disposition of Lost, Abandoned or Other Unclaimed Property Indefinitely. (Adopted) Staff requests an indefinite postponement of First Reading of Ordinance No. 107, 2015. Adoption of a motion to postpone indefinitely. will kill this agenda item. Based on direction from the City Manager's office, staff will explore and develop a different approach to modifying City Code pertaining to abandoned personal property. Staff will bring the item back to Council for its consideration in the first quarter of 2016. 9. First Reading of Ordinance No. 150, 2015, Vacating Portions of Redwood Street Right -of -Way Consisting of a Portion of Right -of -Way Dedicated on the Replat (No. 1) Evergreen Park plat; the Right -of -Way Dedicated at Book 1607, Page 766 of the Larimer County Records; and a Portion of Right -of -Way Dedicated at Reception No. 20060034597 of the Larimer County Records. (Adopted) The purpose of this item is to vacate portions of Redwood Street right-of-way, located at the northeast corner of Linden/Redwood and Vine Streets, that are no longer needed and that do not contain the existing roadway. 10. Resolution 2015-099. Authorizing the Purchasing Agent to Lease Additional Vehicles and Equipment Under the City's Standard Master Lease Agreement with Pinnacle Public Financing, Inc. For Schedule of Equipment No. 10. (Adopted) The purpose of this item is,to request approval of the lease -purchase of vehicles and equipment for the cost of $1,388,O00 under,the City's Master Lease Agreement with Pinnacle Public Finance and the "First Amendment" to that Agreement (jointly, the "Agreement"). Quarterly payments of $73,383.24 at the 2.15% interest rate will not exceed $293,532.96 in 2016. Money for 2016 lease - purchase. payments is included and will be appropriated as part of the 2016 budget. A competitive process was used to select Pinnacle Public Finance for this Agreement. A 2015 Finance Department analysis of current and historical equipment lease financing arrangements showed that lease - purchase is in the best interest of the City given the interest rate offered -for -the lease. Staff believes acceptance of this lease rate is in the City's best interest. 1 • CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. • STAFF REPORTS Kevin Gertig, Utilities Executive Director, stated the City Utilities Department has received the Association of Metropolitan Water Agencies 2015 Gold Award. City of Fort Collins Page 284 November 17, 2015 Beth Sowder, Social Sustainability Director, stated the City has formalized its relationship with Homeward 2020 as a partner in dealing with homelessness issues. Vanessa Fenley discussed family homelessness in Fort Collins and the One Village, One Family program. David Rout, Homeless Gear Executive Director, detalied the One Village, One Family program and its goals for affordable housing, self-sufficiency, and long-term sustainability. Homeless Gear recruits volunteers who work as a 'village' with a family to Help secure sustainable, affordable housing, reconnect with the community, and mentor and share life experiences and skills. • COUNCILMEMBER REPORTS Councilmember Overbeck reported on the National League of Cities meeting and his attendance at meetings regarding short-term rentals and golden aging. He reported on the CSU Stadium Advisory committee meeting and asked about the City's role in addressing and mitigating neighborhood concerns regarding the stadium construction process. He suggested the creation of a hotline for citizens to report concerns. Councilmember Campana reported on the National League of Cities meeting, including awards received by Fort Collins. He met with Vice President Joe Biden regarding the It's On Us movement in the city. Councilmember Stephens reported on the National League of Cities meeting and Nashville's model for working with homeless individuals. She reported on the Veteran's Day breakfast at the Senior Center and her attendance at a STEM program at Shepardson Elementary. Councilmember Martinez reported on the Veteran's Day breakfast and celebration at Edora Park. He reported on the SAINT's banquet, Foothills Mall opening, and Project Smile fundraiser at Bath Nursery, and noted he attended Jack Daniels' 94th birthday celebration. f Councilmember Cunniff reported on the SAINT's banquet and his participation in a panel about solar energy at the National Renewable Energy Lab in Golden. Mayor Pro Tern Horak requested information regarding staffs plans to deal with some of the information from the Nashville homeless program. City Manager Atteberry replied initial meetings with Beth Sowder and Jeff Mihelich regarding funding have occurred and next steps will occur soon. He expressed appreciation for the attendance of Councilmembers at the meeting. Mayor Pro Tern Horak discussed the importance of creating a platform to join cities with private businesses in a shared economy situation for short-term rentals such as VRBO and AirBNB. Mayor Troxell reported on his attendance at the University Communities Council at the National League of Cities meeting and the Foothills Mall opening. City of Fort Collins Poge 285 November 17, 2015 • CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS 11. Items Relating to Utility Rates. Fees and Charges for 2016. (Adopted on Second Reading) A. Second Reading of Ordinance No. 140, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges. B. Second Reading of Ordinance No. 141, 2015, Amending Chapter 26 of the Code of the City of Fort Collins Regarding Calculation and Collection of Development Fees Imposed for New or Modified Electric Service Connections. C. Second Reading of Ordinance No. 142, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Water Rates, Fees and Charges.. . i D. Second Reading of Ordinance No. 143, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Water Plant Investment Fees. E. Second Reading of Ordinance No. 144, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Wastewater Rates, Fees and Charges. (Option A was adopted on First Reading) F. Second Reading of Ordinance No. 145, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Sewer Plant Investment Fees. G. Second Reading of Ordinance No. 146, 2015, Amending Chapter 26. of the Code of the City of Fort Collins to Revise Stormwater Plant Investment Fees. These Ordinances, unanimously adopted on First Reading on November 3, 2015, set the 2016 rate changes for electric and wastewater rates, and electric capacity fees, water plant investment fees (PIFs), wastewater PIFs and stormwater. PIFs, along with other Code clarifications and formatting changes. Councilmember Martinez stated he would like to highlight the City's programs for residents who cannot afford utility bills. Lisa Rosintoski, Customer Connections, discussed the City's payment assistance fund, which is administered by Catholic Charities and funded by customer donations. Additionally, she discussed the medical assistance program and customer,,outreach program. Eric Sutherland opposed the City's means of shutting -off service for non-payment and stated the City should be addressing buildings and housing which can be more energy efficient. Councilmember Cunniff requested information regarding the inability of individuals with delinquent payments to use the on-line bill pay system. Rosintoski replied turn-ons and turn-offs are done remotely and instantaneously; therefore, on-line payments are not as quick to register as those over the phone. She will look into the issue and follow-up regarding paying delinquent bills on-line. ' Councilmember Cunniff asked about rate smoothing not being an exact science. Lance Smith, Strategic Financial Planning Manager, replied it does involve a bit of forecasting and is not an exact science. Councilmember Cunniff asked if any attempts are made to address issues wherein ratepayers pay more than cost of service due to rate smoothing. Smith replied the process is being amended -to City of Fort Collins Page 286 November 17, 2015 look five years into the past and future for water and wastewater rates and stated the next cost of service study will evaluate whether or not rate classes are overpaying. Councilmember Cunniff requested additional follow-up regarding best practices. Councilmember Martinez asked what the rate increases are going toward. Smith replied the light and power adjustment will cover Platte River Power Authority's additional generation costs and expanded services and the wastewater adjustment will fund necessary capital improvements. City Manager Atteberry stated PRPA's Executive Director Jackie Sargent will be contacted and he will provide Council with the exact information at a later time. Councilmember Martinez asked how many individuals participate in the payment assistance fund. Rosintoski replied there are about 339 participants; however, there is likely a need closer to 7,500. Councilmember Martinez noted the importance of public outreach. Councilmember Stephens asked how many households get power turned off each month. Rosintoski replied the average is about 550 per month. Councilmember Stephens suggested the additional fee for turning power back on should be examined in low-income situations. Councilmember Overbeck requested follow-up regarding the number of households which may not have power restored. Councilmember Campana noted the Smart Meter technology is aiding in these issues. City Manager Atteberry discussed the customer service process of outreach leading up to service shut off. Mayor Pro Tern Horak stated PRPA surplus sales have decreased due to the building of additional power plants; therefore, the resulting rate subsidies have decreased. Mayor Troxell discussed the importance of integrating demand -side management through PRPA. Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 140, 2015, on Second Reading. RESULT: ORDINANCE NO. 140, 2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to- adopt Ordinance No. 141, 2015, on Second Reading. City of Fort Collins Page 287 M November 17, 2015 RESULT: ORDINANCE NO. .141, 2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 142, 2015, on Second Reading. RESULT: ORDINANCE NO. 142,2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 143, 2015, on Second Reading. ' RESULT: ORDINANCE NO. 143, 2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 144, 2015, Option A, on Second. Reading. RESULT: ORDINANCE NO. 144, 2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 145, 2015, on Second Reading. RESULT: ORDINANCE NO. 145, 2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER:. Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 146, 2015, on Second Reading. RESULT: ORDINANCE NO. 146, 2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak City of Fort Collins Page 288 November 17, 2015 12. First Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on Maxwell Natural Area to the Board of Governors of the Colorado State University System. (Adopted as Amended on First Reading) The purpose of this item is to authorize conveyance of a permanent easement. to Colorado State University on Maxwell Natural Area that will replace a 99-year lease for access to maintain the Aggie "A" on the Natural Area. The Natural Areas Department proposes that the City enter into a permanent easement agreement with the Board of Governors of the Colorado State University System (CSU) on Maxwell Natural Area. The easement will replace a 99-year lease that provided CSU with access to maintain the Aggie 'A" on the Natural Area. The easement will also enable CSU and its students to carry out two other group activities that currently require annual permits from Natural Areas.. CSU's current access typically .has minimal impact to the Natural Area and no additional impacts are anticipated. No other access rights are to be conveyed. Councilmember Cunniff stated he pulled this item in order to allow for a discussion regarding a shorter -term renewable easement. Brian Hood, Colorado State University Research Foundation, stated the existing lease expires this coming year and an easement has been requested in order to prevent an annual permit process. Councilmember Cunniff supported streamlining the process; however, he suggested a shorter - term duration for the renewable easement. Councilmember Martinez asked why 99 years. was selected. John Stokes, Natural Resources Director, replied staff is proposing a permitted easement with no term; however, he stated it is possible to create an easement with a term. Mayor Troxell commented on the history of the painting of the "A," noting the City is a relative late -comer to the discussion. Councilmember Cunniff suggested language changes to the Ordinance which would include detail regarding a term. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 149, 2015, on First Reading, with language indicating the permanent easement should be reexamined every ten years. Councilmember Campana suggested language changes which would allow the easement to automatically renew every ten years unless either party gives notice that it would like a reevaluation. City Attorney Daggett read the new suggested language, which was accepted by Councilmembers Cunniff and Overbeck. RESULT: ORDINANCE NO. 149, 2015, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak City of Fort Collins Page 289 November 17, 2015 • DISCUSSION ITEMS 13. Second Reading of Ordinance No. 139, 2015, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2016; Amending the Budget for the Fiscal Year Beginning January 1, 2016, and Ending December 31, 2016; and Fixing the Mill Levy for Fiscal Year 2016. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on November 3, 2015, amends the adopted 2016 Budget and set the amount of $563,538,909 to be appropriated for fiscal year 2016. Including the 2016 adopted budgets for the General Improvement District No. 1 ("GID No. 1') of $193,877, the Skyview. General Improvement District No. 15 ("GID No. 15') of $1,000, and the revised Urban Renewal Authority (URA) budget of $2,889,600, the total City appropriations amount to $566,623,386. The Net City Budget, which excludes the GID No. 1, GID No. 15, URA, and internal transfers between City funds, is $448,536,933 for 2016. Eric Sutherland commented on a betrayal of trust between the City and taxpayers and discussed the increase in PFA's budget. Mayor. Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 139, 2015, on Second Reading. Mayor Pro Tern Horak stated the funding formula for PFA still is not being met and its needs are exceeding its budget. RESULT: ORDINANCE NO. 139, 2015, ADOPTED ON SECOND READING [UNANIMOUS] . MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 14. Resolution 2015-101 Approving a Construction and Purchase Agreement for the City's Purchase of Parking Spaces in the Proposed Jefferson Street Parking Garage. (Adopted) The purpose of this item is for City Council to consider a resolution authorizing the City Manager to execute a purchase and sale agreement to acquire over 200 public parking spaces. In addition, the Resolution instructs staff to prepare a financing strategy and plan for presentation to City Council late 2016 or early 2017. Josh Birks, Economic Health Director, stated the delivery of this partnership meets a number of City Strategic Plan priorities and approximately 216 spaces in the parking garage will be public. Birks showed slides of the proposed project and discussed the budget and timeline for the project. Additionally, Birks discussed the use of a certificate of participation to fund the City's portion of the project, at a $7.6 million cost, and stated this Resolution would authorize the City Manager to finalize and execute a construction and purchase agreement. Eric Sutherland opposed the use of a certificate of participation for funding and stated the DDA cannot make obligations of tax increment financing under state law. . Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2015-101. Councilmember Cunniff asked which facilities are available to offer for the certificate of participation. Mike Beckstead, Chief Financial Officer, replied the dialogue has not yet begun in City of Fort Collins Page 290 November 17, 2015 earnest; however, they are typically existing assets with like values.. There is a high comfort level with the DDA's ability to contribute to the debt service without being on the note itself. Councilmember Cunniff asked if this agreement will cause money to change hands. Birks replied in the negative stating the•construction andpurchase agreement contains a clause that it is subject to appropriation. Mayor Pro Tern Horak stated this parking structure will help deal with the lack of spaces downtown and provide an asset to the area. Councilmember Stephens stated the cost per parking space is related to the type of materials desired in Fort Collins. Birks replied the costs are comparable in terms of current market costs for structured parking. Councilmember Cunniff stated he has some concerns about certificates 'Of. participation; however, stated he will support this motion. RESULT: RESOLUTION 2015-101 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak • CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS 15. Resolution 2015-100 Supportina the Larimer Countv Proposal to Use Countv Mill Levv Funds for Interstate 25 (1-25) Improvements. (Adopted) The purpose of this item is to provide a Council Resolution supporting Larimer County's proposal to reassign a portion of its Road and Bridge Levy funds specifically for improvements to 1-25 for a period of five years. This proposal does not modify the total mill levy or decrease the amount of Road and Bridge funds shared with Fort Collins. This item supports Council Priority for 1-25 funding; Strategic Plan Objective Transportation 6.1, 6.4. Eric Sutherland stated he pulled this item because this provision has many deficiencies regarding state statute and constitutionality. Mayor Pro Tern Horak made a motion, seconded • by Councilmember Campana, to adopt Resolution 2015-100. Councilmember Cunniff stated this will aid in getting some critical crossings done sooner, which is important to the community. Mayor Pro Tern Horak commended the County Commissioners for their foresight in moving forward with this idea. Mayor Troxell thanked Mayor Pro Tem Horak for his contributions and work on the North Front Range MPO. Councilmember Stephens stated this is a first step in addressing I-25 congestion City of Fort Collins Page 291 i November 17, 2015 RESULT: RESOLUTION 2015-100 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak (Secretary's Note: The Council took a brief recess at this point in the meeting.) • OTHER BUSINESS Councilmember Overbeck suggested the City use the Human Relations Commission to take feedback from citizens regarding racism and discrimination issues. Councilmember Stephens asked if the Social Sustainability department will also be involved in racism and discrimination issues. City Manager Atteberry replied in the affirmative and stated working with the Human Relations Commission is a great start. Councilmember Campana discussed the Co-op and its need for new space. He stated the Co-op's director has asked if its requirement for membership would disqualify it as a potential user of the Trolley Barn and stated he would like -to be able to inform the Co-op as to whether or not the Trolley Barn would be a possibility for them. City Manager Atteberry stated the upcoming environmental assessment will take 60 to 90.days and the cost to get the building ready for occupancy is in the $3 million range. , Deputy City Manager Mihelich stated the environmental assessments must occur in order to ensure the safety of the space. Following that, a request for proposal process would occur to take bids for occupancy and funding of the space. Mayor Pro Tern Horak made a motion, seconded by Councilmember Martinez,. to appoint Councilmembers Campana and Horak to represent Council in discussions regarding regionalization prospects and cooperation among water providers. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District.6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana,-Troxell, Cunniff, Horak • ADJOURNMENT Mayor Pro Tem Horak made a motion,. seconded by Councilmember Campana, to adjourn the meeting until after the General Improvement District No. 1 meeting, Skyview South General Improvement District No. 15 meeting, and'the Urban Renewal Authority meeting in order for the Council to consider a possible Executive Session and such other matters as may come before Council. Yeas: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff and Horak. Nays: none. THE MOTION CARRIED.. • EXECUTIVE SESSION AUTHORIZED City of Fort Collins Page 292 November 17, 2015 Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, that the City Council go into Executive Session as permitted under Section 2-31(a)(1) of the -City Code and Colorado Revised Statutes 24-6-402(4)(e)(2)(b) for the purpose of discussing the annual compensation of the City Manager, City Attorney and Municipal Court Judge with these employees individually and amongst Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak The meeting adjourned at 9:12 PM. ATTEST: VV VV City Clerk 69 ��U,......<<, Y a or :o COLO�PO i City of Fort Collins Page 293