HomeMy WebLinkAboutMINUTES-03/28/2017-AdjournedMarch 28, 2017 /
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Adjourned Meeting - 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff present: Atteberry, Daggett, Winkelmann
• MAYOR COMMENTS
Mayor Troxell condemned the vandalism of the Fort Collins Islamic Center and stated the
hateful action does not represent the inclusive Fort Collins community. He commended Police
Services work on apprehending a suspect.
Councilmembers Martinez, Stephens, Campana, Overbeck and Cunniff echoed the Mayor's
comments and discussed the opportunity to bring the community together.
2. Second Reading of Ordinance No. 035, 2017, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates. Fees and Charges for Customers Participating in
Community Solar Projects. (Adopted on Second Reading)
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This Ordinance, unanimously adopted on First Reading on February 21, 2017, expands the definition
of "community solar projects" in Chapter 26 of the City Code to include both "subscriber -based" and
"program -managed" community solar projects, and to establish a net metering rate applicable to the
Solar Affordability Program (SAP), a new program -managed community solar project. In addition,
this item provides background on the income qualified SAP which will provide participating Fort
Collins electric customers 'with direct bill credits for a one year period. During that time, SAP
households will participate in efficiency and conservation installations customized to each household,
drawing on resources from Utility Services, Larimer'County and the State of Colorado. Program
households will also participate in energy saving education and complete efficiency upgrades.
Combined, the efficiency and education opportunities will enable program households to
permanently reduce their electric expenses and usage. Over the life of the SAP, hundreds of
qualifying households will benefit from a reduced energy burden as individual participants in the
program, and the benefits of additional renewable energy generation will be realized across the_
residential rate class. The proposed credit rate for SAP and other dedicated program -managed
community solar project customers is the same rate as that currently available to customers of
subscriber -owned community solar projects, like the Riverside Community Solar project.
Mike Pruznick opposed the 120% rule and stated it does not limit net metering.
Councilmember Cunniff requested a memo regarding the 120% rule.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 035, 2017, on Second Reading.
City of Fort Collins Page 308
RESULT:
ORDINANCE NO., 035, 2017,,ADOPTED ON SECOND READING [UNANIMOUS]
MOVER:
Gerry Horak, District 6' •, _ , ,
,SECONDER:
Gino Campana, District 3 ,
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
3. First Reading of Ordinance No. 039, 2017, Appropriating Prior Year Reserves in the
Transportation Fund for Regional Contribution to Larimer County for North 1-25
Improvements. (Adopted on First Reading)
The purpose of this item is to appropriate Transportation Reserve funds in the amount of $445,947,
to be remitted to Larimer County as part of an annual regional contribution of local matching funds
for the Colorado Department of Transportation's (CDOT) North 1-25 Improvements Project. With
Resolution 2016-017, adopted on October 4, 2016, Council authorized the Mayor to enter into an
intergovernmental agreement (IGA) with Larimer County and participating local agencies, including
the City, to contribute local matching funds for this purpose. This is the first of five annual
installments of these payments to Larimer County under the IGA. Local matching fund commitments
accelerate the improvements to 1-25 in Northern Colorado.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 039, 2017, on First Reading.
RESULT:. ORDINANCE NO. 039, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
,SECONDER:-. Gino Campana, District 3 - ,.'
.AYES: Martinez, Stephens, Overbeck, Campinai>Troxell, Cunniff; Horak
4. Resolution 2017-026 Authorizing the Mayor to Execute an Intergovernmental Agreement
Between the City of Fort Collins and the Colorado Department of Transportation for the City's
Contribution of Funds for the North Interstate 25 Improvements. (Adopted)
The purpose of this item is to enter into an intergovernmental agreement/contract with CDOT to remit
$2.25 million in budgeted City funds ($1.125M each year 2017-18), for the purpose of providing local
matching funds for the North 1-25 Improvements project. Local match funding contributions from Fort
Collins and other regional agencies allow the 1-25 improvements to be accelerated by as many as
fifteen years. Funds were identified and appropriated as part of the 2017-2018 Budget.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2017-026.
RESULT: RESOLUTION 2017-026'ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3'
AYES: Martinez, Stephens, Overbeck, Campana,-Troxell, Cunniff, Horak
5. First Reading of Ordinance No. 052, 2017, Amending Chapter 19 of the Code of the City of
for Monetary Damages for the Benefit of Third Parties. (Adopted as Amended on First
Reading)
The purpose of this item is to adopt for Municipal Court the Colorado Rules of Civil Procedure to be
used to govern the procedures for civil actions filed in Municipal Court that do not arise from
violations of the City -Charter or Code. I.
City of Fort Collins Page 309
Mike Pruznick questioned why this Ordinance would be affective retroactively.
Ann Hunt stated she has filed a complaint with Municipal Court and stated there are no rules for
Municipal Court. She suggested having rules unique to Fort Collins' Charter and Codes.
Carolynne White, attorney representing the developer of Landmark Apartments, supported
adoption of the Ordinance.
Deputy City Attorney John Duvall stated a review of Colorado municipalities has shown other
home rule cities have adopted the Colorado Rules of Civil Procedure.
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 052, 2017, on First Reading.
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Councilmember Cunniff asked if this move would help provide guidance to the Municipal Court
as it moves forward with a pending case. City Attorney Daggett replied in the affirmative and
suggested a language modification. Councilmembers Cunniff and Campana accepted the
language modification.
Councilmember Campana asked about the advantages and disadvantages of the Ordinance being
retroactively affective. City Attorney Daggett replied making the Ordinance retroactive
eliminates any question aboutCouncil''s intent. She noted the retroactivity will not take place
until ten days after Second Reading.
RESULT: -- ORDINANCE NO. 052, 2b17, ADOPTED AS AMENDED ON FIRST RE
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3 '
AYES: Martinez,,Stephens, Overbeck„Campana, Troxell, Cunniff; Horak
• OTHER BUSINESS
Councilmember Cunniff requested and received Council support t`o!�direcV staff to 'craft.'a
Resolution relating to child abuse and prevention. He asked if Council would like to direct the
City Manager to give Council options or develop policies around the 20-f6ot rule and reasonable
obstruction portions of the appropriate use of public space ordinance.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to go into
Executive Session for the purpose of meeting with City staff to discuss real property acquisitions
for the Natural Areas Department as permitted under Section 2-31(a)(3) of the City Code and
Colorado Revised Statutes Section 24-6-402(4)(a).
RESULT: MOTION TO GO INTO EXECUTIVE SESSION ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak -
(Secretary's note: Council went into executive session at 6:45 p.m. and returned to the
adjourned meeting at 7:08 p.m.)
City of Fort Collins Page 310
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to cancel the April
4, 2017 City Council meeting as permitted under Section 2-28(a) of the Code of the City of Fort
Collins due to the Municipal Election on that date.
RESULT:
MOTION TO CANCEL;APRIL 4, 2017, ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6 -
SECONDER:
Ross Cunriiff, District 5
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to call a special
meeting of City Council for Tuesday, April 11, 2017, at 6:00 PM, for the purpose of swearing in
the Mayor and City Councilmembers elected at the regular Municipal Election on April 41h, as
permitted under Section 2-29(a) of the Code of the City of Fort Collins.
RESULT:
MOTION TO CALL SPECIAL MEETING ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6 ' -
SECONDER:
Ross Cunniff, District 5
AYES-.
Martinez, Stephens, Overbeck, Campana, Tro_xell, Cunniff, Hoilak
• ADJOURNMENT
The meeting adjourned at 7:14 PM.
Mayor
Vt/ WI
City Clerk
City of Fort Collins Page 311