HomeMy WebLinkAboutMINUTES-12/17/2019-Regular December 17,2019
COUNCIL OF THE CI7Y OF FORT COL.LINS,COLORADO
Counci!-Manager Form of Government
Regular Meeting—6:U0 PM
• ROLL CALL
PRESENT: Pignatara, Gorgol, Gutowsky, Summers, Stephens,Troxell, Cunniff
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry noted the Montava Planned Unit Development hearing has been
rescheduled to January 7, 2020 and stated the agenda has been amended to include Item No. 15a,
Resolution 2D19-118 Authorizing Extension of the Date for Implementation of Hauler Licensing
Programs Under the Intergovernmental Agreement for Solid Waste Programming and
Irrfrastructure Improvements, which supports the extension of a deadline for participants in the
North Front Range Regional Wasteshed Coalition Intergovernmental Agreement to update their
hauler licensing from January 1, 2020 to April 1, 2020.
• PUBLIC COMMENT
Stacy Lynne discussed the mental health issues of a man who was released from incarceration
recently. Writing tickets to addicts and mentaIly ill people is noE a law enforcement problem. The
City's decision-making processes are forcing police to do things that do not make sense and
suggested there are things that can be done to save lives and ease the pressures being put on the
weakest members of the community. She provided legal notices regarding a public records
reguest.
Asa Borne suggested marijuana consumption lounges could be a good option to allow legal
smoking for those who may not be from the area or wha may not be able to consume in their
homes. He also suggested observed consumption in these launges could aid in a decrease in
impaired driving.
Tom Aberle thanked Council for funding the Vibrant Neighborhood Grant as it has helped his
neighborhood improve landscaping, convert sprinkler systems to drip irrigation, and add art
instailations. He also discussed the Sustainable Neighborhood Program and commended the
Neighborhood Resources Department.
Sally Anderson, District Director from Congressman Neguse, showed a video from Congressman
Neguse thanking Council and providing an update from his office regarding legislation.
Jerry Gavaldon discussed public perception issues of association by employment in regard to a
recent Ethics Review Board decision.
� PU�LIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments. Regarding Mr.Gavaldon's comments,he stated
he takes issues of conflict of interest very seriously and there are clear definitions of financial or
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personal inEerest. Neither he nor Mayor Pro Tem Stephens have a conflict in relation to the Hughes
Stadium site rezoning based on those definitions, as was found by the Ethics Review Board.
Councilmember Summers thanked Mr. Aberle and the Qakridge neighborhood for their work and
commended the associated City grants.
Mayor Pro Tem Stephens thanked Ms. Anderson for coming from Cortgressman Neguse's office
and expressed gratitude for having him as a partner in federal priorities.
Councilmember Cunniff commended Congressman Neguse on his accessibility. He stated he will
be discussing EEhics Review under Other Business.
� CONSENT CALENDAR
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt and
approve all items on the Consent Agenda.
RESULT: C�NSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. liems Relatinq ta Purchase of Vehicles. (Adopted)
A. Second Reading of Ordinance No. 141, 2019, Appropriating Unanticipated Grant Revenue from
the Volkswagen Settlement Funds for the Purchase of Two Electric Vehicles to Replace End of
Life Dissel Vehicfes and Associated Charging Equipment.
B. Second Reading o( Ordinance No. i42, 2019, Appropriating Unanticipated Grant Revenue from
the Volkswagen Settlement Funds for the Purchase of Three Alternative Fuel Body-on-Chassis
Style Buses.
The purpose of this item is to appropriate unanticipated grant revenue awarded to Transfort through
the Clean Air Act Settlement program administered by Colorado Department of Pubfic Health and
Environment (CDPHE} and to reappropriate iapsing funds. Transfort was awarded funding through
CDOT's Consolidated Call for Capital Projects in 2018 for the purchase of a total of five alterna#ively
fueled vehicles and two depot chargers. Settlement funds can be used to cover 110% of the
incremental cost of purchasing an alternatively fueled vehicle compared with a new diesel vehicle.
Transfort plans to replace two end-of-life diesel revenue transit buses with two new zero-emission
vehicles (ZEV}, purchase two depot chargers, and replace three end-of-life diesel cutaway buses with
three alternative fuel vehicles. Settlement funds do not require a local match.
2. Second Readinp of Ordinance No. 143,2019,Makinq A�propriattons and Authorizina Transfers
of Appropriations for the Horsetooth Outlet Proiect and,Related Art in Public Places.(Adopted)
This Ordinance, unanimously adopted on First Reading on December 3, 2019, appropriates $32
million from Water Fund Reserves to design and construct a project to provide a temporary backup
water supply pumping system during a planned October-November 2020 closure by Northern Water
of the Soldier Canyon Dam Outlet pipeline from Horsetooth Reservoir(Horsetooth Outlet Praject).The
pipeline provides wate�to the two drinking water treatment plants serving the City of Fort Collins and
surround'+ng areas, serving about 254,000 people.The pumping system is intended as an emergency
backup supply system to the primary Cache la Poudre River (Poudre River) water suppfy during the
60-day plannecf outage of the Soldier Canyan Dam Outlet pipeline. The City will be reimbursed 58%
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of the project costs by the project partners at the conclusion of construction.The City's final contribution
will be$1.4 million of the$3.2 million total project cost.
3. Second Readinq af Ordtnance No.145,2019.Adoptinp the 2020 Classified Empfovees Pav Plan.
(Adopted)
This Ordinance, unanimously adopted on First Reading on December 3, 2019, adapts the 2020 City
Classified Employee Pay Plan. Classified jabs are grouped according to job iunctions, a business
practice commonly used by both the public and private sectors. Pay ranges are developed by career
group (management, professional, administrative, operations and trades) and level for each job
function. The result of this work is a City Classified Employee Pay Plan which sets the minimum,
midpoint and maximum of pay ranges for the level, within each career group and function. Actual
employee pay increases are awarded through a separate adminisirative process in accordance with
the bucigeted amount approved by Council.
4. Second Readinq of Ordinance No. 146, 2019, Adoptlnq the 2020 Larfiner Countv Reqional
Transportation Capital Expanslon Fee Schedule. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 3, 2019, adopts the 2020
Larimer County Regional Transportation Capital Expansion Fee schedule. The City collects Larimer
County Regional Capital Expansion Fees (Regional TCEF) on behalf of the Counry. 7he Regional
TCEF generates revenue for capaciry related improvements to regionally significant roadways that are
necessitated by new development. The Regional�CEF are only used on improvements that mutually
benefit both the City and County. The Regiona! TCEF are coflected at the issuance of a building
permit.
5. 5econd Readina of Ordinance No. 147, 2019. Authorizinq the Exchanqe of Stormwater
Easements Between the Citv of Fort Collins and John C. Graham and Ginqer L. Graham.
(Adopteci)
This Orclinance,unanimously adopted on First Reading on December 3,2019,authorizes an exchange
of stormwater easements across portions of properry generally located north of the North Lemay and
East Vine intersection. A stormwater easement from the City of Fort Collins will be conveyed to John
C. Graham and Ginger L. Granam (consisting of 5,749 square feet located on City property) and a
stormwater easement from John C.Graham and Ginger L. Graham will be conveyed to the City of Fort
CoUins{consisting of 34,885 square feet)and a temporary construciion easement(consisting of 22,235
square feet) would be exchanged. As consideration for the easements on the Graham property the
City would convey the easement across Ciry property and the Stormwater Utility would agree to apply
the balance of the difference between the value of the two easements to Stormwater Plant Investment
Fees {PIF) and monthly stormwater fees for a hay barn built by the Grahams within the City iimits,
instead of additional cash consideration. The City's receipt of ihe easements across the Graham
property is consideration for the easement across City property and the credited stormwater fees.
6. First Readinq of Ordinance No. 148,2019, Amendinq Chapters 12, 15 and 20 af the Code of the
Citv of Fort_Collins to Update Environmental Codes.(Adopted) �
The purpose of this item is to update existing environmental codes for clarity,consistency with current
practices, and in support of their enforcement. All changes are administrative in nature and do not
change the purpose of the Code sections.
7. First Readinq of Ordinance No. 153. 2Q19. Autharizinq the Citv Councll to Make Short-Term
Appofntments to Citv Boards and Commissions in 2020.(Adopted)
The purpose of this item is first reading of an ordinance to allow Council to make one-year interim
appointments to advisory boards and commissions notwithstanding the term requirements in City
Code. Due to a 2019 Council Priority item (Reimagine Boards and Commissions) the Ciry Clerk's
Office was instructed to pause reappaintments/interviews for all boards and commissions, except for
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December 17, 2019
quasi-judicial boards and boards/commissions at risk of falling belaw quorum. To ensure boards and
commissions can maintain quorum in the face of unplanned absences and effeciively perform their
duties, this Ordinance will allow Council to temporarily fill baards/commissions while the Reimagine
Project continues in 2020.
8. First Readinq of Ordinance No.i a9,2019,Desianatinq the Frank J.Ul�ich Propertv,51 fi Laporte
Avenue Fort Callins Colorado as a Fort Colllns Landmark Pursuant to Cha ter 14 of the Code
of the City of Fort Colllns.(Adopted)
This item is a quasi Judicia!matter and rf it is corrsidered on fhe discussion agenda, it will be considered
in accordance wifh the procedures described in Section 1(f} of the Council's Rules of Meeting
Procedures adopted in Resolution 2019-064.
The purpose of this item is to designate the Frank J. Ulrich property located at 516 Laporte Avenue as
a Fort Collins Landmark.This is a voluntary designation at the properry owner's request. The property
owner is 516 Laporte, LLC, of which Dale Eggleston is a member. The Landmark Preservation
Commission unanimously recommends approving this landmark designation.
9. Resofution 2019-111 Findinq Substantial Comaliance and Initiatinq Annexation Proceedincas
for the Soldfer Canvon Pump Station Annexation. (Adopted)
The purpose of this item is to determine substantial compliance and initiate annexation proceedings
for the Soldier Canyon Pump Station Annexation. The Applicant has submitted a written petition
requesting the annexation.The purpose of the annexation is to allow fhe Soldier Canyon Pump Station
to be servec!by Fort Collins Light and Power, rather than Xcel Energy.This is a voluntary annexation.
The Soldier Canyon Pump Station Annexation totals 0.702 acres; it achieves the required 1/6
perimeter boundary contiguiry with the existing municipal boundaries to the north,west and south.The
site is enclosed on three sides by the City of Fort Collins Water Treatment Facility at 4316 LaPorte
Avenue.The annexation would incorporate the site into Fort Collins' municipal boundaries, as well as
the Residential Neighborhood Sign District.
The requested zoning for this annexation is Residential Foothills (R-F), in compliance with the City of
Fort Collins Structure Plan designation of the "Campus DistricY' place type. No project development
plan proposal was submitted in conjunction with the annexation application.
10. Resolution 2019-112 Findinq Substantial Compliance and Initiatinq Annexation Proceedlnqs
for the Tlmberline-lnterna#ional Annexation No. 1. (Adopted)
The purpose oi this item is to determine substantial compliance and initiate annexation proceedings
for the Timberline-International Annexation fVo. 1. The Applicant has submitted a written petition
requesting three sequential annexations. Timberline-International Annexation No. 1. is the first
Resolution of this series of three sequential annexations, and totals 0.09 acres of North Timberline
Road Right-of-Way, which establishes 1/6 perimeter boundary contiguity with the existing municipal
boundaries to the north, located northeast of the North Timberline Road and International Boulevard
intersection, into Fort Collins'municipal boundaries,as well as into the Residential Neighborhood Sign
District.
The requested zoning for this annexation is fndustrial (I), in compliance with the Ciry of Fort Colfins
Structure Plan and the East Mulberry Carridor Plan. Notice ta parcels abutting platted streets was
provided pursuant to §31-12-105, C.R.S. No project development plan proposal was submitted in
conjunction with the annexation application.
11. Resolution 2019-113 Findinq Substantial Compliance and Initiatinq Annexatfon Proceedinqs
tor the Timberline-International Annexation No.2(Adopted)
The purpose of this item is to determine substantial compliance and initiate annexation proceedings
for the Timberline-International Annexation Na. 2. The Applicant has submitted a written petition
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December 17, 20i9
requesting three sequential annexations. Timberline-International Annexation No. 2. is the second
Resolution of this series of three sequential annexations, and totals 0.8fi acres ot North 7imberline
Road and International Boulevard Right-of-Way, which establishes 1/6 perimeter boundary contiguity
with the existing municipal boundaries to the north, located northeast of the North �imberline Fioad
and International Boulevard intersection, into Fort Collins' municipal boundaries, as well as into the
Residential Neighborhood Sign District.
The requested zoning for this annexation is Indust►ial (I), in compliance with the City of Fort Collins
Structure Plan and the East Mulberry Corridor Plan. Notice to parcels abutting platted streets was
provided pursuant to §31-12-105, C.R.S. No project development plan proposal was submitted in
conjunction with the annexation application.
12. Resolution 2019-114 Flndinq Substantial Compliance and Initiatinq Annexation Proceedinps
for the Timberlins-Internatianal Annexatfon No.3(Adopted)
The purpose of this item is to determine substantial compliance and initiate annexation proceedings
for the Timberline-International Annexation No. 3. The Applicant has submitted a written petition
requesting three sequential annexations. Timberline-fnternational Annexation No. 3. is the third
Resolution of this series of three sequential annexations, and totals 1.39 acres, which establishes 1/6
perimeter boundary contiguity with the existing municipaf boundaries to the south and east, located
northwest of the North Timberline Road and International Boulevard intersection, into Fort Collins'
municipal boundaries, as well as into the Residentiaf Neighborhood Sign District.
The requested zoning for this annexation is Industrial {I}, in compliance with the City of Fort Collins
Structure Pian and the East Mulberry Corridor Plan. Notice to parcels abutting platted streets was
provided pursuant to §31-12-105, C.R.S. No project development plan proposal was submitted in
conjunction with the annexation application.
13. Resolutfon 2019-115_ApprovinA the Purchase of Administrator Services for Life Insurance,
Short-Term and Lonq-Term Disabilitv Insurance from Vova and Anthem as an Exceation to the
Competltive PurchasinA Process.(Adopted)
The purpose of this item is to request Council authority to extend the existing arrangements with Voya
and Anthem, who each provide administrator services for a portion of the City's emplayee benefits
program,for up to two additional one-year terms to ensure the successful completion of the City's new
benefits program without overextending the cross-departmental resources of the City. Additionafly,
the extension wili allow the time necessary to optimize ti�e competitive process for these services to
the bene4it of the City and its emplayees.
14. Resolution 2019-116 A rovin the Purchase of Health Services from Marathon Health lnc.as
an Exception to the Competitive Purchasinq Process. (Adopted)
The purpose of this item is to request Cauncil authoriry to extend the existing agreement with Marathon
Health under RFP 7512 On-Site Employee Wellness Clinic for two additional one-year terms. In
alignment with Larimer County, staff will begin the RFP process the first quarter 2021 for a January 1,
2022 contract.
15. Resolution 2019-117 Desiqnatinq Councilmember Gorqol to Represent the Citv on the Larimer
Countv Communitv Services Block Grant Advisory Board. (Adopted)
The purpose of this item is to designate Councilmember Gorgol to represent the City on the Larimer
County Community Services Block Grant Advisory Board.
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15a. Resolution 2019-118 Authorizinq Extension of the Date for Implementation of Hauler Licensinq
Proqrams Under the Interqovernmental Aqreement for Solfd Waste Proqramminq and
Infrastructure Impravements.(Adopted)
The purpose af this item is to support the extension of a deadline for participants in the fVorth Front
Range Regional Wasteshed Coalition Intergovernmental Agreement to update their hauler licensing
from January 1, 2020 to April 1, 2020.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Gutowsky commented on her review of the Landmark Preservation Commission
and commended its work. She would iike a member of the Commission to nnake a presentation
for Second Reading of Item No. 8, First Reading of Ordinance No. 149, 2019, Designaring the
Frank J. Ulrich Property, 516 Lrrporte Avenc�e, Fort Collins, Colorado, as a Fort Collins
Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
Councilmember Cunniff commented on the addition of Item No. 15a, Resolution 2019-118
AuthoriZifzg Extension of the Date for Implementation of Hauler Licensing Programs Under the
Intergover•�tmefttal Agreement for Solid Waste Prografnming and Infrastructure Improvements.
He also noted Council has adopted a short-term boards and commissions appointment process via
Item No. 7, First Reading of Ordinance No. 153> 2Q19, AuthoriZing the City Council to Make
Sliort-Term Appointments to Ciry Boards a�id Com�nissions in 2020, stating this will ensure the
boards and commissions structure is funetioning until the"Reimagining Boards and Commissions"
process is comptete.
• S7AFF REPORTS
A. Communitv Dashboard Metric: Recreation Proqrams Tatal Cumulative Participation. {staff: Bob
Adams)
Bob Adams, Recreation Director, discussed the recreation total participation community
dashboard metric and its relationship to the City's strategic objectives. Recreation participation is
monitored through registration, facility rentals, pass scans, and daily drop-ins Total participation
numbers were slightly Iower than the goal; hawever, that was likely related to unexpected
maintenance issues, road work, and a cooler, wetter summer. Adams commented on equity and
inclusion improvements in the Recreation sector, including a tiered rate system and adaptive
recreation programs. He discussed the quarterly customer satisfaction survey which has shown
above a 92% satisfaction rate the past four quarters.
Mayor Pro Tem Stephens requested details about the reduced rate program. Adams replied
residents can apply for the program which allows youth a$b annual pass far all facilities and adults
a $25 annual pass. The program also provides reduced programming rates. He discussed the
application process and stated over 5,000 residents have gone through the application process this
year.
Mayor Pro Tem Stephens commended the reduced rate program. She asked if there are Spanish-
speaicing staff inembers at the Northside Atzlan Center. Adams replied all facilities follow Title
VI requirements for Spanish-speaking staff and there is a language phone line available for
translation needs.
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December i 7, 2019
Councilmember Gutowsky commended the Recreation staff and stated the physical health of a
community is related to mental health. She also commended the partnership with the Front Range
Forum which offers educational opportunities for life-long learners.
Mayor Troxeil commended the work of the Recreation Department and mentioned the farthcoming
innovation center intergenerational programming.
Councilmember Gorgol asked if there is a cap on how many residents can qualify for the reduced
rate program. Adams replied there is currently no cap.
Councilmember Gorgol asked how residents can gualify for the program beyond being parc of
Poudre School District's free and reduced lunch program. Adams replied he could provide that
information under separate cover.
Councilmember Gorgol asked if any prograrris are offered solely in Spanish. Adams replied no
programs are offered solely in Spanish; however, translation is provided if requested.
B. Commission for Accreditation of Parks and,Recreatlon Aqencies (CAPRA} Award. (staff: Bob
Adams)
Bob Adams, Recreation Director, stated the City was awarded accreditation for best practices by
the Commission for Accreditation of Parks and Recreation Agencies, CAPRA, after a two-year
process. He discussed the reyuirements for the accreditation, which include an annual reporting
of process improvements.
Mayor Troxell commended the ontstanding services provided by both the Parks and Recreation
Departments and stated this accreditation recognizes their efforts.
Mayor Pro Tem Stephens asked about the ADA transition plan. Adams replied Carol Thomas is
leading an effort to assess the parks and recreation facilities and create a plan.
• COUNCILMEMBER REPORTS
Councilmember Summers reported on the career of Doug Evans, a retiring Parks and Recreation
Department employee. He also discussed mental health conditions across the state, noting Fort
Collins ranks the highest in the state for mental health emergency room visits. He stated that data
shows the need for the recently passed mental health tax.
Mayor Pro Tem Stephens provided infornnation related to mental health resources and services in
the community. She also reported on the Wreaths Across America event which provides wreaEhs
for veterans' grave sites and on her review of the Community Development Block Grant
Commission.
Councilmember Gutowsky reported on the Coats and Boots holiday party, a visit to La Cocina, a
tour of the water treatment plant, and a visit to Saint Peter's Fly Shop.
Councilmember Gorgol reported on the tour of the water treatment facility and visits to My Sister
Knits and the Lyric Theater.
Councilmember Pignataro reported on visits to Daddy Cakes Bakery, Palmer Flowers, and
Brown's Shoes. She also reported on the recent Futures Committee meeting about libraries.
City of Fort Co(lins Page 335
December i 7, 20 i 9
Mayor Pro Tem Stephens reported on visits to Recycled Cycles and Magpies and encouraged
holiday shopping at loca! small businesses.
Councilmember Cunniff reported on visits to Gib's Bagels, High Plains Scuba, and Maxline
Brewing.
Mayor Troxell reported a visit to The Exchange including La Piadina and Board and Brush. He
also reported on the TUba Christmas event.
� DISCUSSIOfV ITEMS
16. Consideration of a motion to ad'iourn into executive session.
Mayor Pro Tem Stephens made a motion, secanded by Councilmember Cunniff, that the City
Council go into executive session, as permitted undec Article Two, Section Eleven of the City
Charter, Section 2-31(a){1) of the City Code and Colorado Revised Statutes Section 24-6-
402(4)(�(roman number one),for the purpose of continuing the annual reviews of the Chief Judge,
City Manager and City Attorney.
{Secretary's Note:The Council went into executive session at this point in the meeting and returned
at 7:52 PM)
RESULT: AQOPTED[UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxel{, Cunniff
17. First Reading of Ordinance No. 150, 2019. Amendina Section 2-606 of the Code of the Citv of
Fart Collins ancf Settina the Salary of the Chief Judqe.(Adopted on First Readfng}
The purpose of this item is to establish the 2f12Q salary of the Chief Judge. City Counci! met in
executive sessions on November i2 and 19, 2Q19 and may meet in another executive session on
December 77,20 i9, to conduct the performance review of Chref Judge Kathleen Lane. This Ordinance
sets the 2020 salary of the Chief Judge.
Jamie Heckman, Human Resources Department,discussed the City's compensation philosophy for
the Municipai Judge which is based on market and performance and provides a level of
transparency. She noted Council has adopted a list of benchmark cities.
Mayor Troxell discussed Council's efforts at being more data-clriven and noted Council has created
an ad hoc committee to examine salary, benefits, and peer cities for its three direct reports.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 15Q, 2019, on First Reading, with the amount of$121,180 for the base salary.
Mayor Pro Tem Stephens discussed the need for the salary increase based on benchmark cities and
the Municipal Judge's work and innovations.
Councilmember Pignataro requested a friendly amendment to support a further increase to put the
salary at the 75`h percentile, which would be a 4.5% increase rather than a 4% increase. She cited
Judge Lane's tenure of service and consistency in meeting Council's priorities.
City of Fort Co[fins Page 336
December 17, 2019
Mayor Pro Tem Stephens and Councilmember Gutowsky accepted the friendly arnendment to
adjust the base salary to $128,762.
Councilmember Cunniff stated he would support the motion citing Judge Lane's performance and
innovative leadership.
Mayor Troxell stated he would support the motion citing Judge Lane's operational effectiveness
and judicial demeanor.
RESULT: ORDINANCE N0. 150,2U19, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignatara, Gorgol, Gutowsky, Summers, Stephens,Troxelf, Cunniff
18. First Readinq of Ordinance No. 151. 2019, Amendinq Section 2-581 of the Code of the Citv of
Fort Coflins and Settina the Salary of the City Attornev. (Adopted on First Fteading)
The purpose of fhis item is fo establish the 2020 salary of the City Attorney. City Counci! mef in
executive sessions on November i2 and i9, 2019, and may meei in another executive session on
December i7, 2Qi9, to conduct fhe performance review of Carrie Daggeff, City Attorney. This
Ordinance sets the 2020 salary of the City Attorney.
Jamie Heckman,Human Resources Department,discussed the City's compensation philosophy for
the City Attorney which is data-driven, transparent, based on an established market, and includes
a level of performance.
Mayor Pro Tem Stephens suggested a 3% increase, which would make the base salary $206,090.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 151, 2019, on First Reading, with the amount of$20b,090 far the base salary.
Mayor Pro Tem Stephens commended the work of the City Attorney and stated this salary increase
is in line with what many City employees are receiving.
Councilmember Gutowsky discussed the iinportance of keeping salaries competitive and
commended the work of the City Attorney.
Mayor Troxell commended City Attorney Daggett's work and noted she is in the upper half of
longevity for peer cities.
Mayor Pro Tem Stephens noted the cost of Fort Collins' legal services compared to other cities is
much lower.
RESULT: ORDINANCE N0. 151,2019,ADOPTED ON FIRST READIfVG [UNANIMOUS]
MOVER: Kristin Siephens, bistrict 4
SECOfVDER: S�san Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Crty of Fort Collins Page 337
December 17, 2019
19. First Readina ot Ordinance No. 152. 2019, Arttendinq Section 2-596 of the Code of the Citv of
Fort Collins and Settinq the Salary of the Citv Manaqer. (Adopted on First Reading)
The purpose of this item is to establish the 2020 salary of fhe Ciry Ma»ager. City Counci! met in
executive sessions on November 12 and 79, 2079 and may meef in another executive session on
December i7, 20i3, fo conduct the perforrnance review of Darin Atteberry, City Manager. This
Ordinance sets the 2020 salary of the City Manager.
Jamie Heckman,Human Resources Department,discussed the City's compensation philosophy for
the City Manager which is data-driven, transparent, based on market, and includes performance.
Mayor Pro Tem Stephens suggested a 3% increase which would bring the base salary to$278,475,
which is above the 75`h percentile compared to the benchmark cities.
Councilmember Pignataro suggested a 2% increase.
Mayor Pro Tem Stephens noted the benchmark cities list has been revamped in order to reflect
comparisons to similarly successful cities with similar philosophies and demographics.
Councilmember Pignataro discassed her reasoning for suggesting a 2% increase.
Councilmemher Cunniff expressed concern about some communication issues over the recent
years, particularly related to large initiatives that seem to get started without signi�cant Council
inp�t and stated he does not support any salary increase.
Mayor Pra Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 152, 2019, on First Reading, with the amount of$278,475 for the base salary.
Councilmember Cunniff stated he would not support any salary increase, regardless of
performance, that would put the City Manager above the 75`h percentile for salary in comparison
to benchmark cities.
Mayor Troxell stated he would support the motion, noting City Manager Atteberry has the second
longest tenure among benchmark cities. He cited the excellent performance of the City Manager
and his ability to work with various Councilmembers.
Councilmember Gutowsky discussed the work of the ad hoc committee and stated the work of the
City Manager has helped make Fort Collins the great city it is. She also noted Fort Collins now
has its own broadband utility which speaks to City Manager Atteberry's leadership.
Councilmember Summers commended City Manager Atteberry's leadership of the City
organization citing his strong passion, focus, and vision.
Councilmember Gorgol noted the 75`h percentile is higher than the other direct reports; however,
a zero percent salary increase is not the answer. She stated Council needs to improve as a unit on
how it works with its direct reports and supported the 3% increase.
City of Fort Co[Iins PQge 338
December 17, 20i9
RESULT: ORDINANCE N0. 1152,2019 ADOPTED ON FIRST READING [5 TO 2]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Gorgol, Gutowsky, Summers, Stephens, Troxell
NAYS: Pignataro, Cunniff
• OTHER BUSINESS
Councilmember Cunniff discussed the Ethics Review Board meeting which included the five
Councilmembers not named in the recent ethics complaint around the Hughes Stadium rezoning
decision. He requested and received Council support to look into the process and initiate an
investigation as to what it may take to constitute a randomly chosen selection from board and
commission members for the Ethics Review Committee for Councilmembers.
Mayor Troxell questioned what problem this will solve and noted conflicts lie with the disclosure
of an individual. Changing the Ethic Review Board formation would not change the fact that there
are clear guidelines for conflicts, and he expressed concern an independent Ethics Review Board
could be misused.
Councilmember Cunniff stated there has always been questions by members of the community
about Council being the body doing the initial look at ethics complaints. The problem he is trying
to solve involves maintaining the public trust and his suggested tactic would be fair, repeatable,
and sustainable.
Mayor Troxeil stated there is a large difference between Councilmembers and board and
commission members as Councilmembers are duly elected and have taken an oath to represent the
citizens of Fort Collins.
Councilmember Pignataro agreed the problem revolves around public perception. She stated she
would be supportive of pursuing Councilmemher Cunniff s suggestion.
Mayor Pro Tem SEephens stated it could be worth looking at best practices and different options
to determine the least politicized version.
Councilmember Cunniff stated he wquld be willing to explore options.
Mayor Troxell stated he is open to having a conversation and questioned whether the percepiion
problem is actually with how Council is constituted as an Ethics Review Board. He discussed
previous examples of his recusals and disclosures.
Councilmember Summers supported looking at options but yuestioned the need for change. He
noted there are larger issues with elected of�cials committing ethics violations. This does not need
to be an urgent matter.
Councilmember Cunniff stated there should be no definitive timeline and requested a follow-up as
to what would need to be done to change the ethics code. City Attorney Daggett replied the City
operates under ethics provisions that are established in Ehe City Charter and there is a state
constitutional provision that allows home rule cities to do so. The City Code provisions are all
written to build from what is in the Charter.
City of Fort Collrns Page 339
December i 7, 20 i 9
Mayor Pro Tem Stephens discussed the importance of striking a balance and noted constituents
want their elected officials to be present for votes unless they truly have a conflict.
Mayor Troxell stated he would also like some information as to why the Ethics Review Board
process was changed to the current system.
Consideration of a moifon to adiourn into executive session.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that City Council
go into executive session to consider matters pertaining to issues of competition in providing
telecommunication facilities and services including, without Iimitation, matters subject to
negotiation, strategic plan, price, sales and marketing, developmeni phasing and any other matter
allowed under Colorado Law, as permitted under Article XX, Section 7(d) of the City Charter and
Section 2-31{a)(5) of the City Code.
RESULT: ADOPTED [UNANIMOUS]
M4VER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens,Troxell, Cunniff
• ADJOURNMENT
The meeting adjourned at 10:35 PM.
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City of Fort Colfrns Page 340