HomeMy WebLinkAboutMINUTES-08/09/2016-SpecialAugust 9, 2016
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Special Meeting — 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT: Overbeck'
Staff present: Atteberry, Daggett, Winkelmann
• CITIZEN PARTICIPATION
Debra (no last name given) opposed the monthly fee being charged for manual meter readings as
being punitive and stated she feels her security is compromised by the regular reporting of
energy usage as part of the Smart Meter program.
Eric Sutherland discussed possible Council endorsement of a Larimer County ballot question to
fund mental health initiatives.
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Stephens requested staff input regarding Debra's comments that the manual
meter reading fees are meant to be punitive. Lisa Rosintoski, Utilities, replied the fee was
calculated based on cost of service for the new meters and was not intended to be punitive. In
terms of customer confidentiality, personal identified information is kept private. All employees
who have access to the customer information system are required to have a background check
and go through training to minimize exposure of customer information.
Councilmember Cunniff noted the manual meter readings collect approximately $40,000 per
year and asked if that covers costs associated with the manual meter readings. Rosintoski replied
in the affirmative.
Councilmember Martinez asked if individuals can call in their meter readings. Rosintoski
replied in the negative.
• DISCUSSION ITEMS
Executive Session Authorized
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the City
Council go into executive session for the purpose of meeting with the City Attorney and City
management staff to discuss specific legal questions regarding the application of the Taxpayer's
Bill of Rights (TABOR) to the Keep Fort Collins Great tax in the manner in which particular
policies, practices, or regulations of the City may be affected by existing proposed provisions of
federal, state or local law, as permitted under Section 2-31(a)(2) of the City Code and Colorado
Revised Statutes Section 24-6-402(4)(b).
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August 9, 2016
Eric Sutherland stated the only reason he has brought this issue forward is to cease sales tax on
food and prescription drugs in Fort Collins.
Mayor Troxell noted the City produced a memo regarding sales tax on food throughout the state.
Councilmember Martinez asked if Colorado Springs and Denver collect sales tax on food. Mike
Beckstead, Chief Financial Officer, replied in the negative. The vast majority of Colorado towns
do tax food and at a higher rate than does Fort Collins.
Councilmember Martinez asked about Loveland's status regarding sales tax on food. Beckstead
replied a measure to end the tax was withdrawn before it went to a vote.
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Councilmember Cunniff stated he does not see the connection between KFCG and the food sales
tax.
Councilmember Martinez asked if Fort Collins collects sales tax on prescription drugs.
Beckstead replied he was unsure; however, sales tax on food provides about $9 million in annual
revenue.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT:
Overbeck
Council will consider a motion to waive City Council's attorney -client privilege and allow public
disclosure of a legal memo regarding TABOR issues related to the Keep Fort Collins Great (KFCG)
Sales and Use Tax. (Postponed)
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone
consideration of a motion to waive City Council's attorney -client privilege and allow public
disclosure of a legal memo regarding TABOR issues related to the Keep Fort Collins Great sales
and use tax to September 6, 2016.
Councilmember Cunniff noted Council has not had time to fully understand the memo, which
was received today.
Mayor Troxell stated Council is interested in simplicity and truth and the postponement will
allow for necessary consideration to occur.
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RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Stephens, Campana, Troxell, Cunniff; Horak
ABSENT:
Overbeck
Mayor Pro Tem Horak made a motion, seconded by`Councilmember Stephens, to direct the City
Manager and staff to prepare a memo providing a timeline of issues dealing with the KFCG tax
and other issues surrounding it from 2010 to the present by the end of the week.
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August 9, 2016
Councilmember Campana requested a friendly -amendment to push the timeline of such memo to
the end of next week. Mayor Pro Tem Horak and Councilmember Stephens accepted the
friendly amendment.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT:
Overbeck
• OTHER BUSINESS
• ADJOURNMENT
The meeting adjourned at 7:30 PM.
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