HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/06/2016 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE NAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY December 6, 2016
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the November 1 and November 15, 2016, Regular Council
Meetings and the November 29, 2016 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the November 1 and November 15, 2016 Regular
Council meetings and the November 29, 2016 Adjourned Council meeting.
ATTACHMENTS
1. November 1, 2016 (PDF)
2. November 15, 2016 (PDF)
3. November 29, 2016 (PDF)
City of Fort Collins Page 138
November 1, 2016
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, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
CITIZEN PARTICIPATION
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to suspend the
rules to permit citizens to speak about the budget under Citizen Participation with the
understanding that speakers may only speak once under Citizen Participation, must speak early
because of transportation and/or time constraints, and may not speak again when the budget item
is considered at its regularly scheduled time on the agenda. Yeas: Cunniff, Horak, Martinez,
Stephens, Troxel, Campana and Overbeck. Nays: none.
THE MOTION CARRIED.
Chrissy Krumm spoke in favor of funding Sunday Transfort service.
Nancy York spoke in favor of funding Sunday Transfort service to reduce vehicle miles travelled
and greenhouse gas emissions throughout the city.
Maggie Wesley, ARC of Larimer County, spoke in favor of funding Sunday Transfort service.
Mike Devereaux, Sunday Service Now Coalition, spoke in favor of funding Sunday Transfort
service.
Lynn Thompson, Sunday Service Now Coalition, spoke in favor of funding Sunday Transfort
service and supported the pilot program.
Elizabeth Hudetz expressed concern that funding for the Climate Action Plan has gone
backward, and supported funding Sunday Transfort service.
Deborah James spoke in favor of funding Sunday Transfort service.
Steve Ramer spoke in favor of funding Sunday Transfort service.
Kevin Jones, Fort Collins Area Chamber of Commerce, spoke in favor of Fort Collins ballot
issue 2A.
Eric Sutherland discussed constitutional considerations of taxing matters and discussed the
Downtown Development Authority budget.
November 1, 2016
City of Fort Collins Page 139
Wes Kenney, Fort Collins Symphony, discussed performances of the Symphony.
Ethan Hecht, Fort Collins Symphony, played a viola piece.
Virginia Farver expressed concern regarding Fort Collins’ Smart Meters and potential fires.
Kevin Harper expressed concern regarding drag racing on College Avenue.
Diane Jones spoke in favor of Fort Collins ballot issue 2A.
Mike Pruznick discussed trust in the community and opposed the Poudre School District ballot
issues.
Rob Kagan spoke in favor of Fort Collins ballot issue 2A and the science and cultural tax. He
commended the work of Diane Jones and Gary Thomas for their work on the 2A issue.
Rob Pederson, Poudre School District Board of Education, spoke in favor of the Poudre School
District ballot issues.
Jeff Morisette supported funding Sunday Transfort service as being smart growth and announced
the Community Creative Center window mural reveal.
Nate Donovan spoke in favor of the Poudre School District ballot issues.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez requested input regarding DDA accounting. Matt Robenault,
Downtown Development Authority Executive Director, replied budgets are not double-counted
and stated the ordinance reflects the cumulative sum of the DDA’s debt service fund, which
Council is required to appropriate annually, the operations and maintenance fund, which is
derived from the property tax levy, the revolving line of credit draws, and the debt service fund.
Councilmember Martinez asked if any accidents or fires have been reported because of Smart
Meters. Tim McCullough, Light and Power Operations Manager, replied in the negative and
stated the project made the community safer by taking care of maintenance issues with meter
installations.
Councilmember Overbeck thanked the speakers and stated the City will soon be addressing the
drag racing issue on College Avenue.
CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items on the Consent Agenda.
November 1, 2016
City of Fort Collins Page 140
RESULT: CONSENT AGENDA 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 4, 2016 Regular City Council
Meeting. (Adopted)
The purpose of this item is to approve the minutes from the October 4, 2016, Regular Council
meeting.
2. Second Reading of Ordinance No. 113, 2016, Authorizing the Conveyance of a Permanent
Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State
University. (Adopted)
This Ordinance unanimously adopted on First Reading on October 18, 2016, authorizes the
conveyance to Colorado State University of a permanent stormwater easement on City property at
the Gardens on Spring Creek. Colorado State University (CSU) needs to construct a water quality
pond to handle the flows from its new construction at CSU, including the new stadium. The Center
Outfall Water Quality Pond (Pond) will be constructed on land owned by CSU, as well as on a portion
of the City's property at the Gardens on Spring Creek previously identified as the location of a City
Water Quality Pond in the 2013 Water Quality Master Plan. The Pond will handle flows from both
entities.
3. Second Reading of Ordinance No. 116, 2016, Appropriating Unanticipated Revenue in the
General Fund to Be Remitted to the Fort Collins Housing Authority to Fund Affordable
Housing and Related Activities. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 18, 2016, refunds the Payment
in Lieu of Taxes (PILOT) for public services and facilities received from the Fort Collins Housing
Authority in 2015 with respect to a HUD financed Public Housing Program that provides low income
rental units. The Authority paid the City of Fort Collins PILOT of $10,906 in 2015 under a previously
approved Cooperation Agreement and requests that the City return the PILOT to fund needed
affordable housing related activities. The City may spend the PILOT revenues as it deems
appropriate in accordance with law, including remitting the funds to the Authority if the Council
determines that such remittal serves a valid public purpose. The Council has returned the PILOT
payment to the Authority since 1992.
4. First Reading of Ordinance No. 118, 2016, Being the Annual Appropriation Ordinance for the
Fort Collins Downtown Development Authority Relating to the Annual Appropriations for the
Fiscal Year 2017 and Fixing Mill Levy for the Downtown Development Authority for Fiscal
Year 2017. (Adopted)
The purpose of this item is to set the Downtown Development Authority ("DDA") Budget.
The following amounts will be appropriated:
DDA Public/Private Investments & Programs $1,665,408
DDA Operations & Maintenance $ 835,283
Revolving Line of Credit Draws $2,450,000
DDA Debt Service Fund $4,938,036
The Ordinance sets the 2017 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since tax
year 2002. The approved Budget becomes the Downtown Development Authority's financial plan for
2017.
November 1, 2016
City of Fort Collins Page 141
5. First Reading of Ordinance No. 119, 2016, Adopting the 2017 Budget and Appropriating the
Fort Collins Share of the 2017 Fiscal Year Operating and Capital Funds for the Northern
Colorado Regional Airport. (Adopted)
The purpose of this item is to appropriate the City of Fort Collins’ 50% share of the Northern
Colorado Regional Airport budget. The Airport’s total budget is comprised of an operating budget
and a capital budget. The 2017 annual operating budget is $1,099,030, and will be funded using
Airport operating revenues and non-operating revenues derived through contributions from the Cities
of Fort Collins and Loveland ($260,000 from each City). The proposed capital budget is $1,493,302,
and is funded through federal grants, state grants, and Airport operating revenue.
This Ordinance appropriates the City of Fort Collins 50% share of the 2017 Airport operating budget,
which totals $549,515 and the City of Fort Collins 50% share of the 2017 capital budget which totals
$746,651. The City of Loveland will be appropriating the other 50%. The Airport operating budget is
used to maintain and operate the Airport in compliance with all regulatory standards for safety and
security and to achieve the Council-approved Airport Strategic Plan. The Airport capital budget will
be used to complete Airport improvement projects including runway and taxiway rehabilitation and
preservation, taxiway sign safety modifications, an Airport Master Plan update, and acquisition of
snow removal equipment.
6. Items Relating to Various Amendments to Chapter 26 of the Code of the City of Fort Collins
Pertaining to Utilities - Fall 2016. (Adopted)
A. First Reading of Ordinance No. 120, 2016, Amending Chapter 26 of the Code of the City of Fort
Collins Pertaining to Water Meter Requirements and Installation.
B. First Reading of Ordinance No. 121, 2016, Amending the Code of the City of Fort Collins to
Clarify Utility Accounts, Billing and Collection Practices.
The purpose of this item is to update Chapter 26 of the City Code to address the following:
Identify requirements for location and installation of water service meters
Clarify accounts and billing practices involving billing and collection dates and practices, and
services provided to leased premises.
Starting in 2015, Fort Collins Utilities instituted a semi-annual cycle for City Code amendments in
order to manage regular housekeeping and routine updates. This is the second set of ordinances
presented under the 2016 City Code review cycle, which is designed to present changes as needed
to City Council in the spring and fall of each year. These updates are separate from annual service
rate adjustments, which will be brought forward under a separate City Council agenda item.
7. Resolution 2016-083 Approving an Art Project for the Mulberry Gateway Project and
Authorizing Expenditures from the Art in Public Places Wastewater Utility Account to
Commission an Artist to Create the Art Project. (Adopted)
The purpose of this item is to approve expenditures from the Art in Public Places Wastewater Utility
Account to commission an artist to create art for the Mulberry Gateway Project. The expenditures of
$274,000 will be for design, materials, fabrication, installation, plantings, lighting, and contingency for
Robert Tully to create gateway sculptures for this site. The site is near the northeast corner of
Mulberry Street and Riverside Avenue. The art will wrap around the corner and extend north along
Riverside.
8. Resolution 2016-084 Making an Appointment to the Citizen Review Board. (Adopted)
The purpose of this item is to appoint Mark Partridge to the Citizen Review Board to fulfill the
remaining term of resigning board member Claudia McGee, whose term was set to expire on
December 31, 2018.
November 1, 2016
City of Fort Collins Page 142
END CONSENT
COUNCILMEMBER REPORTS
Councilmember Martinez reported on a photography project and exhibit related to the Fort
Collins homeless community and the coats and boots events at local elementary schools.
Councilmember Campana reported on the Movember facial hair movement to raise awareness of
men’s health issues and discussed a public service announcement for the It’s On Us campaign.
Councilmember Stephens report on the Water Now Alliance’s Fostering Resilience conference
on sustainable water solutions in Orange County and her volunteer experience at Catholic
Charities.
Mayor Troxell reported on the ribbon cutting for the new Fort Collins Utilities administration
building.
DISCUSSION ITEMS
9. Second Reading of Ordinance No. 115, 2016, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated
Amounts between Funds or Projects. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on October 18, 2016, by a vote of 6-0 (Campana recused)
combines dedicated and unanticipated revenues or reserves that need to be appropriated before the
end of the year to cover the related expenses that were not anticipated and, therefore, not included
in the 2016 annual budget appropriation. The unanticipated revenue is primarily from fees, charges,
rents, contributions and grants that have been paid to City departments to offset specific expenses.
This item was reviewed by the Council Finance Committee on September 30, 2016 and the
Committee recommended moving forward for Council consideration.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Councilmember Martinez requested an explanation of the unanticipated revenue amount.
Lawrence Pollack, Budget and Performance Measurement Manager, replied the unanticipated
revenue can come from a number of sources, including revenue over the forecasted budget or
from grants received by the City which are not budgeted as part of the biannual budget process.
Councilmember Martinez asked if there would be a better way of anticipating unanticipated
revenue. Pollack replied those revenue streams cannot be accurately forecasted or assumed and
amounts vary significantly year to year.
Councilmember Martinez suggested the creation of some type of reserve fund for those kinds of
things in future budgets.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 115, 2016, on Second Reading.
November 1, 2016
City of Fort Collins Page 143
RESULT: ORDINANCE NO. 115, 2016, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
RECUSED: Campana
10. Second Reading of Ordinance No. 117, 2016, Authorizing the Acquisition by Eminent Domain
of Additional Real Property Interests Necessary to Construct Public Improvements as Part of
the Prospect Road and College Avenue Intersection Improvements Project. (Adopted on
Second Reading)
This Ordinance, adopted on First Reading on October 18, 2016, by a vote of 4-3 (nays: Campana,
Cunniff, Overbeck) authorizes the use of eminent domain, if necessary, to acquire property interests
needed to construct improvements to the intersection of Prospect Road and College Avenue. This
authorization is for a partial acquisition affecting 1535 Remington Street at the east end of the
project. On First Reading, Council adopted Option 2 - Modified Dual Left Alternative.
Pat Aloise-Young commended Council’s earlier action to direct staff to work with the
homeowners to arrive at a mutually acceptable solution and stated this Ordinance undoes that
positive good faith step.
Kevin Harper, 1535 Remington, urged Council to reconsider Option 3 of the Ordinance and cited
a study indicating accident rates decrease with congestion.
Councilmember Campana stated the use of good faith negotiations is in regard to negotiating a
fair price for the land, not to negotiate whether or not that land should be used in the design. In
the event fair compensation negotiations fail, the eminent domain process could be utilized while
still using good faith and fair market value. He discussed other similarly-utilized intersections
throughout the city and noted intersections are to be designed as closely as possible to the proper
design when redevelopment opportunities arise and supported the original staff-recommended
intersection design option.
Councilmember Cunniff supported Option 3 as being the best for managing the relationship with
the homeowner, maintaining safety, and mitigating congestion to a point.
Councilmember Campana noted the objective of the City is to have a design at least at the
modified arterial street standard in situations with a constrained cross-section.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 117, 2016, Option 2, on Second Reading.
Councilmember Campana made a motion, seconded by Councilmember Martinez, to amend the
motion to change Option 2 to Option 1.
City Attorney Daggett noted Option 1 is in reference to the Option 1 presented in connection
with First Reading.
Councilmember Martinez discussed the importance of safety at the intersection stating the
narrower lanes pose a safety risk. He questioned why the intersection should be improved at all
if congestion is not going to be improved. Good faith efforts have been made throughout the
process by staff and Council.
November 1, 2016
City of Fort Collins Page 144
Councilmember Cunniff asked if all three options have congestion reduction impacts. Dean
Klingner, Engineering, replied in the affirmative.
Councilmember Stephens asked if there are significant safety concerns on the part of staff
regarding Option 2. Klingner replied the design does have some compromises; however, there
will not be a predictable substantial difference in accidents between the designs.
Councilmember Stephens supported Option 2 as a compromise which will best serve the
community and neighboring properties.
Councilmember Martinez asked Klingner if he would consider Option 1 to be safer. Klingner
replied there are trade-offs for both options and Option 1 cannot be unilaterally categorized as
being safer. Staff can support Option 2 with the compromises that are necessary.
Councilmember Cunniff stated he does not support Option 1.
Councilmember Campana stated Option 1 provides wider sidewalks by four feet for both
bicycles and pedestrians at a major intersection across from the CSU campus and noted buses
will have to utilize the gutter in order to fit in the narrowed lane.
Councilmember Martinez asked Klingner to address Councilmember Campana's comments.
Klingner replied the outside lane at the Option 2 width is not optimal for buses or larger vehicles;
however, compromises are required in this situation.
City Manager Atteberry stated it is difficult to put aside the notion of compromise in an infill
setting. Rick Richter, Engineering, stated the full arterial design is the City's preference for
arterial roadways. A constrained arterial standard is used around the city on arterials such as
Prospect, Shields, and Taft that are already developed on both sides. In the case of this
intersection, there is no history of bike accidents and there is no data to support a 10-foot
sidewalk being safer than a 6-foot sidewalk; however, a 10-foot sidewalk is going to feel safer
than a 6-foot sidewalk.
Mayor Troxell stated he would support the motion to amend given the City staff's professional
advice and Councilmember Campana's questions.
The vote on the motion to amend was as follows: Yeas: Martinez, Campana and Troxell. Nays:
Cunniff, Overbeck, Stephens and Horak.
THE MOTION WAS DEFEATED.
Councilmember Cunniff stated he would support Option 2, noting eminent domain is a factor in
all three options.
Mayor Troxell stated he would support the motion as a compromise allowing the project to
proceed.
Councilmember Martinez stated he would support the motion given staff's comments.
November 1, 2016
City of Fort Collins Page 145
Mayor Pro Tem Horak stated he would support the motion and though he would normally agree
with Councilmember Campana's comments, most pedestrians and bicycles do not use the
intersection.
Councilmember Martinez emphasized the amount of compromise in the process thus far and
noted intersection usage will be changing in the future with the new stadium and medical center.
Councilmember Stephens expressed her gratitude to staff for being patient throughout this
process.
RESULT: ORDINANCE NO. 117, 2016, ADOPTED ON SECOND READING [5 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Troxell, Cunniff, Horak
NAYS: Overbeck, Campana
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
11. Items Relating to 2017 Utility Rate Ordinances. ()
A. First Reading of Ordinance No. 122, 2016, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Electric Rates, Fees and Charges. (Option 1 or Option 2)
B. First Reading of Ordinance No. 123, 2016, Amending chapter 26 of the Code of the City of Fort
Collins to Revise Water Rates, Fees and Charges. (Option 1 or Option 2)
C. First Reading of Ordinance No. 124, 2016, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Wastewater Rates, Fees and Charges.
D. First Reading of Ordinance No. 125, 2016, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Stormwater Rates, Fees and Charges. (Option 1 or Option 2)
The purpose of this item is for Council to consider adopting rate changes for electric, water,
wastewater and stormwater monthly charges beginning in January 2017. It is unusual to have all
four utilities request a rate increase in a single year. It may also seem counterintuitive that the utility
budgets are decreasing in 2017 yet rate increases are being proposed. However, the extensive
capital improvement planning and long term financial planning processes ahead of this Budgeting
For Outcomes cycle have identified the need for rate increases in each utility in 2017 despite the
budget reductions.
The proposed rate increases for 2017 and 2018, as well as the primary driver behind the requested
increases, are outlined in the table below.
November 1, 2016
City of Fort Collins Page 146
Proposed Revenue Adjustments
Utility Service 2017 2018 Primary Driver
Electric 3.45% 1.80% Insufficient Operating Income
Water 5.00% 5.00%
Inadequate Available Reserves to support
10 year Capital Improvement Plan
Wastewater 3.00% 3.00% Revenue shortfalls in 2015 and 2016
Stormwater 5.00% 0.00%
Inadequate Available Reserves to support
15 year build-out of infrastructure
Kevin Gertig, Utilities Executive Director, discussed the Utilities budget and its challenges.
Lance Smith, Strategic Financial Planning Manager, stated the 2017 rate increases are being
driven by long-term revenue needs. He reviewed the proposed rate increases.
Gertig reviewed upcoming capital project needs and discussed various reasons for the rate
increases.
Smith reviewed the approximate rate increase amounts per household.
Eric Sutherland discussed the Boxelder Stormwater Authority, Smart Meters, and time-of-use
rates.
Rebecca Hill, Fort Collins Water Board Chair, supported the budget offer for a supply
vulnerability assessment as being critical for this budget cycle. She stated the assessment would
only be funded if Council approves a 5% water rate increase.
Councilmember Campana asked why the supply vulnerability assessment did not come forward
as a stand-alone budget offer. Smith replied it is a stand-alone offer; the water fund revenue
assumed a 5% increase, making those funds part of the revenue available for appropriation.
Councilmember Campana questioned what the target maximum increase amount should be in
terms of smoothing rate increases.
Councilmember Cunniff stated big picture needs for water and electric are coming from a built
up deficit. He stated the smoothing for one-time costs might be a different curve than the
smoothing for energy costs and supported a 3% increase as the cost of the deferred maintenance
could be amortized differently. He supported keeping base rates the same.
Councilmember Campana asked if modeling was completed at a 4% water increase. Smith
replied he programmed in those conditions in the long-term financial models; there was
sensitivity analysis, but not traditional deterministic modeling.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 122, 2016, Option 1, on First Reading.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to amend the
motion to replace Option 1 with Option 2.
November 1, 2016
City of Fort Collins Page 147
Councilmembers Cunniff and Overbeck withdrew their motion.
RESULT: ORDINANCE NO. 122, 2016, OPTION 1, ADOPTED ON FIRST READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 123, 2016, Option 2, on First Reading.
Councilmember Stephens expressed concern regarding the ability of lower income residents to
pay these types of increases and, while she understands the needs of deferred maintenance, she
urged Council to identify solutions for lower income residents.
Councilmember Cunniff stated he would like the smallest rate increase possible which will still
keep the system safe and reasonably well maintained.
Councilmembers held a discussion regarding rates and City Manager Atteberry stated Utilities
costs need to be recovered through a rate structure.
Smith discussed possible positions which would not be able to be hired without the 5% increase.
Councilmember Martinez asked about the need for the positions. Liesl Hans, Water
Conservation Manager, replied the conservation coordinator position is needed to meet the needs
of the adopted water efficiency plan. The result would be a savings for customers in terms of
water bills. Hans noted there is also excess capacity at the water treatment facility due to water
conservation efforts. That extra capacity is leased to neighboring water districts.
Councilmember Martinez asked why rates are increasing when usage is dropping. City Manager
Atteberry replied fixed costs remain despite water reduction. Hans noted long-term savings are
also part of water conservation efforts and rates will increase at a slower pace with conservation.
City Manager Atteberry stated this request aids in operationalizing the target for the adopted
water efficiency plan.
Councilmember Martinez asked if the City is getting a return on its Smart Meter program
investment. Hans replied the AMI data is being used to track possible leaks for customers, to
evaluate existing programs for efficiency, and for a variety of programs to help commercial
businesses and HOAs. Tim McCullough, Light and Power Operations Manager, stated there is a
direct financial benefit of Smart Meters in terms of reductions of manual meter reading staff.
Indirect benefits include a higher quality of service due to early failure identification and
automated turn-ons.
Councilmember Campana thanked Ms. Hill for her comments and commended Hans for her
work. He stated conservation goals have costs associated with them and requested additional
transparency in the model indicating the need for capital projects.
November 1, 2016
City of Fort Collins Page 148
Councilmember Overbeck requested clarification regarding where leaks are being seen in the
city. Jon Haukaas, Water Engineering Field Operations Manager, replied leaks are being seen in
a certain age of home.
Councilmember Cunniff stated he would support the 5% increase and supported the maintenance
plan and accomplishing it with as little shock to the ratepayer system as possible.
Councilmember Stephens stated she would reluctantly support the 5% increase because the
infrastructure improvements are important; however, she encouraged staff and Council to look
for relief for low-income residents and encouraged the conservation position to do a concerted
outreach to those populations.
Councilmember Martinez agreed with Councilmember Stephens and suggested the possibility of
adding water conservation regulations for landlords. He expressed concern about consistent rate
increases.
Mayor Pro Tem Horak discussed household water usage stating the largest portion of that is
outdoor water use.
Councilmember Campana stated he does not like the 5% rate increase; however, he will support
it given the plan in place for capital improvements.
Mayor Troxell stated he would support the 5% increase. He thanked the Water Board for its
input and noted deferring infrastructure investment can be quite costly.
RESULT: ORDINANCE NO. 123, 2016, OPTION 2, ADOPTED ON FIRST READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 124, 2016, on First Reading
RESULT: ORDINANCE NO. 124, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 125, 2016, Option 1, on First Reading.
Councilmember Martinez asked what the 5% increase will accomplish. Smith replied it will
increase the operating revenues of the stormwater fund by approximately $800,000 which will
increase the debt service capacity. Haukaas stated the majority of the projects in the 15-year
capital plan address drainage deficiencies in older parts of town, deal with the remaining
floodplains in more populated areas, and protect transportation infrastructure and address safety
November 1, 2016
City of Fort Collins Page 149
in floodplain areas. In the 2-year budget, the City will be setting itself up for some of the long-
term infrastructure needs, including construction phasing and public outreach.
RESULT: ORDINANCE NO. 125, 2016, OPTION 1, ADOPTED ON FIRST READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
12. First Reading of Ordinance No. 126, 2016, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2017; Adopting the Budget for the
Fiscal Years Beginning January 1, 2017, and Ending December 31, 2018; and Fixing the Mill
Levy for the Fiscal Year 2017. (Adopted on First Reading)
The purpose of this item is to present the Annual Appropriation Ordinance for First Reading. This
Ordinance sets the City Budget for the two-year period (2017-18) which becomes the City’s financial
plan for the next two fiscal years. This Ordinance sets the amount of $612,825,136 to be
appropriated for fiscal year 2017. However, this appropriated amount does not include what is being
appropriated by separate Council actions to adopt the 2017 budget for the General Improvement
District (GID) No. 1 of $68,107, the 2017 budget for General Improvement District (GID) No. 15
(Skyview) of $1,000, and the Urban Renewal Authority (URA) 2017 budget of $8,328,759. This
results in the City having a total operating appropriation of $621,223,002 in 2017.
This Ordinance also sets the 2017 City mill levy at 9.797 mills, unchanged since 1991.
City Manager Atteberry stated there is a direct link between this budget and the City’s strategic
objectives. He discussed the key budget themes.
Lawrence Pollack, Budget and Performance Measurement Manager, discussed budget public
outreach efforts which are aimed at reaching a wider community audience. Efforts included
mobile outreach booths, an interactive online tool, and community events.
Mike Beckstead, Chief Financial Officer, discussed the overall budget and detailed the
neighborhood-focused offers. In terms of available funds left for use in this budget, there is a
total of $150,000 of one-time general fund money and about $31,000 of other funds. There are
also some funds available in restricted funds. Beckstead discussed the $750,000 funding for a
pilot Sunday Transfort service program, noting the City is still seeking a funding partner for half
of that amount.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
Councilmember Campana stated he has a conflict of interest with the Sidehill Community Park
and recused himself from the citizen comment portion of the meeting.
Carrie Brown, ARC of Larimer County, thanked Council for budgeting for ADA upgrades and
Sunday Transfort service.
Kevin Cross, Fort Collins Sustainability Group, thanked Council for budgeting for Sunday
Transfort service but expressed disappointment that no additional budget offers were included
which would have made more significant contributions toward reducing greenhouse gas
November 1, 2016
City of Fort Collins Page 150
emissions. He recommended using reserves for funding modified versions of offers 3.17 and
94.1 in order to meet the 2020 greenhouse gas emissions reduction goal.
Hunter Buffington, Fort Collins Sustainability Group, stated more funding needs to be dedicated
toward the reduction of greenhouse gas emissions and long-term goals of the Climate Action
Plan.
Eric Sutherland discussed the DDA budget and opposed economic activity subsidies. Traffic
congestion needs to be addressed in terms of livability.
Cheryl Distaso, Fort Collins Community Action Network, thanked Council for addressing the
overwhelming community support of Sunday Transfort service; however, she stated Sunday
service needs to be fully funded in the first quarter of 2017 even if a funding partner is not
secured. She suggested pulling the funds from general fund reserves or the Lincoln Avenue
improvements project.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to remove the
Sidehill Neighborhood Park item from general consideration of the budget.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 126, 2016, removing the Sidehill Neighborhood Park item from the Ordinance.
City Attorney Daggett made a suggestion regarding the item.
Mayor Pro Tem Horak withdrew his motions.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 126, 2016, on First Reading.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to amend the
Ordinance by removing the Sidehill Neighborhood Park appropriation and budget item for
separate consideration.
The vote on the motion to amend was as follows: Yeas: Troxell, Martinez, Cunniff, Overbeck,
Stephens and Horak. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff thanked the citizens who have participated in the budget process and
commended staff and Council work on the budget. He noted the Lincoln Corridor $750,000
improvements would only proceed once a matching amount has been secured. City Manager
Atteberry replied in the affirmative and stated staff will return before Council if the matching
funds are not secured.
Councilmember Cunniff requested a memo prior to Second Reading regarding health plan costs
and employee percentages compared to the market. He also requested a list of the offers being
funded out of KFCG for both years.
Councilmember Overbeck requested information regarding the highlights of the neighborhood
livability section. Beckstead replied details on each of the offers varies and discussed the various
offers and programs.
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Councilmember Overbeck requested staff input regarding new issues including drag racing on
College Avenue and Prospect Road, neighborhood noise, traffic flow issues, and traffic calming.
Mike Trombley, Police Deputy Chief, replied the drag racing issue is more of a tactical issue and
an offer is included in the recommended budget for increasing capacity in the patrol group.
Councilmember Overbeck commended the use of community policing. City Manager Atteberry
replied that was a pilot program which has been successful.
Councilmember Overbeck asked if the budget will allow the City to address issues of homeless
individuals relocating from Jefferson Park. Trombley replied any issues will be addressed as
needed and resources will be allocated as appropriate. City Manager Atteberry stated no
additional offer is needed; however, Council will be asked for additional resources if necessary.
Mayor Pro Tem Horak asked about the Energy Board recommendation to fund the
coordinator/supervisor position versus funding the battery program. Tim McCullough, Light and
Power Operations Manager, replied the Energy Board recommended defunding the battery pilot
offer which exists in the Light and Power fund and use that savings to fund the program
coordinator position. Staff does support that recommendation; however, the battery pilot savings
cannot fund the complete position.
Mayor Pro Tem Horak requested additional information regarding a recommendation and
options prior to Second Reading.
Councilmember Campana commended the budget and budgeting process as a whole.
Councilmember Martinez asked about the solid waste inspection position which is being
recommended for funding. City Manager Atteberry replied that position was the result of
Council direction at a work session. Lucinda Smith, Environmental Services Director, replied
this offer was the result of a recent work session during which staff noted Council was interested
in adding it. The offer was prepared collaboratively with Neighborhood Services and Code
Enforcement for one FTE to do code enforcement and education focusing on the solid waste
reduction ordinances, with focus on construction and demolition debris recycling. The position
also supports the road to zero waste goals.
Councilmember Campana expressed concern with the position being specifically focused on the
construction industry. Smith replied the position does focus on aspects other than construction.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to amend the
budget to remove item 42.12 which would fund a leadership training program.
Councilmember Martinez requested input from staff. City Manager Atteberry urged Council not
to remove the item as the City organization has over 350 managers at all levels. He commended
past investments in these training programs and stated continued leadership training is a cost of
doing business in any organization. Teresa Roche, Chief Human Resource Officer, replied the
$100,000 each year will cover increased costs for the City’s management staff with a focus on
first-level leaders through department managers who have yet to be trained in management
fundamentals.
November 1, 2016
City of Fort Collins Page 152
Councilmember Cunniff stated he would like to see a way to track the success and development
of the leaders prior to putting forth $200,000. Roche replied 50% of the graduates of the
emerging leader program went on to take on new accountabilities or were promoted.
Councilmember Martinez asked if any of the leadership training is outsourced. Roche replied
some is outsourced because of unique content and some of the City’s own leaders also
participate.
Councilmember Cunniff stated he wants to ensure the City is not funding the consultants’
welfare program and he is not yet comfortable with the metrics presented.
Councilmember Martinez asked about the leadership retention rate in the City. City Manager
Atteberry replied the overall turnover rate in the City is consistently under 10%. Kelly
DiMartino, Assistant City Manager, replied those metrics are tracked; however, she stated she
would need to do more specific research prior to Second Reading.
Councilmember Martinez stated he would like to see the item remain in the budget assuming
additional information prior to Second Reading.
Councilmember Stephens stated professional development opportunities are standard and
expected and she supported leaving it in the budget.
Councilmember Campana asked how many people are anticipated to participate in the program
in 2017. Roche replied the largest emphasis is for first level up through department head level,
which would address approximately 100 people. Emerging leader and executive programs will
also be ongoing and each of the 350 managers will be affected.
Councilmember Campana supported creating metrics in order to make the process easier for the
next budget. City Manager Atteberry stated quantifying the benefits of training is difficult;
however, he stated staff will return with as much information as possible.
Councilmember Overbeck asked if leaders or managers are surveyed as to how they feel they
have performed or could improve. Roche replied that is one of the enhancements for the
program: meetings prior to training with a manager to determine what results are desired and
how the training will aid in enhancing those results, midway meetings and end of training
meetings. City Manager Atteberry noted managers are expected to lead, coach, and mentor on a
daily basis and these programs are an augmentation of that. He discussed the upward feedback
program for employees to rate managers.
Councilmember Overbeck requested additional information on how the program could be scaled
back prior to Second Reading.
Councilmembers Cunniff and Overbeck withdrew the motion to amend and requested a plan for
creating metrics which would demonstrate higher quality service to citizens prior to Second
Reading.
Mayor Troxell thanked the citizens who have been engaged with the budget process, commended
staff for their work on the budget, and stated the budget responds to community priorities.
Councilmember Martinez commended the work of Mike Beckstead and his team.
November 1, 2016
City of Fort Collins Page 153
RESULT: ORDINANCE NO. 126, 2016, ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
Motion to Extend the Meeting
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to suspend the
rules to extend the meeting past 10:30 PM to consider other business as may come before
Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Mayor Troxell withdrew from the discussion of the 3D printing funding item due to a conflict of
interest.
Councilmember Campana reviewed the budget offer in question and asked if the City is already
contributing some amount to the 3D printing lab. Josh Birks, Economic Health Advisor, replied
the City has contributed in the past through the industry cluster competitive process in the
amount of $40,000 in 2016.
Councilmember Campana noted the lab is looking to expand. He supported providing the
funding from an economic development perspective.
Councilmember Cunniff requested additional information regarding matching funds. Birks
replied he would return with additional detail prior to any action being taken.
Councilmember Cunniff suggested directing the City Manager to develop a modified budget
offer for the next Council meeting for possibly making the match contingent or possibly adding
some funding for a scholarship grant.
Councilmember Martinez asked about the funding source for this item. Beckstead replied there
is $150,000 of one-time general funds available, and about $50,000 of one-time KFCG “other
community priorities” available. He noted this is a scalable offer if desired by Council.
Councilmember Stephens stated she can support the funding and suggested working with Base
Camp or other after-school programs to get children to the lab. Birks replied moving the lab off
campus will help place it in a more visible, readily-available location for non-CSU students.
Councilmember Overbeck supported modified funding for the lab as long as it does not come at
the cost of neighborhood livability items.
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City of Fort Collins Page 154
Councilmember Campana noted software and training are also provided free of charge at the lab.
Councilmember Martinez discussed an email he received regarding transients living behind the
Aggie Theater and requested information regarding Police and staff response. Deputy City
Manager Mihelich replied the Outreach Fort Collins team was on the scene talking with those
individuals prior to the photograph being received by Council and staff. Police also issued two
open-container tickets.
Councilmember Martinez asked how this will be addressed proactively in the future. Police
Chief Hutto replied proactive patrols will be stepped up in the future.
ADJOURNMENT
The meeting adjourned at 11:38 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 155
November 15, 2016
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
ABSENT: Horak
Staff present: Atteberry, Daggett, Knoll
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated the City receives federal grants from the U.S. Health and Urban
Development Department (HUD) annually; part of HUD’s requirements for the funds is that the
city must hold a public hearing to enable citizens to comment on the use of the funds. The
Mayor will open and close the public hearing at the appropriate times this evening.
City Manager Atteberry recommended pulling Item No. 2, Items Relating to Proposed Outdoor
Vendor Requirements, to the Discussion Agenda.
CITIZEN PARTICIPATION
Virginia Farver discussed Smart Meters and urged the audience to watch the documentary “Take
Back Your Power.”
Megan Skien expressed grief over the Trump election and called on Fort Collins to become a
sanctuary city for all minorities.
Jana Newman requested Council take a stand against hate and intolerance in the city.
Jeff Morisette commented on the rally of solidarity and complimented its peaceful nature and the
police officers who worked the event.
Thomas Edwards, Fort Collins Bicycle Coalition, thanked the City for the Veterans Day event;
however, he expressed concern regarding accessibility issues at the Senior Center.
Deborah James stated the bathroom facilities at Buckingham Park are filthy and the City needs to
provide trash cans and restrooms for homeless individuals. She supported funding Sunday bus
service.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Overbeck requested information regarding the maintenance schedule for the
Buckingham Park restrooms. Jeff Mihelich, Deputy City Manager, apologized for the issue and
stated the restrooms are on a regular maintenance and cleaning schedule. Restrooms are
available at Buckingham Park, Gustav Swanson Natural Area, and at Remington and Oak.
Councilmember Overbeck expressed appreciation for the individuals who spoke regarding
inclusivity.
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City of Fort Collins Page 156
Councilmember Cunniff asked about doors being locked at the Senior Center, noting he had
asked about this change quite some time ago. Councilmember Campana noted there were
security concerns regarding doors being open during construction. Deputy City Manager
Mihelich confirmed Council received a memo regarding the issue.
Councilmember Cunniff suggested a larger public process should have occurred regarding the
door closures. Deputy City Manager Mihelich replied notices were placed throughout the Senior
Center facility and stated the changes were made in the interest of safety and security.
Councilmember Martinez asked if the change at the Senior Center will be permanent. Deputy
City Manager Mihelich replied in the affirmative given safety concerns.
Councilmember Cunniff stated this is a policy change and requested additional public outreach.
Councilmember Stephens suggested the doors could potentially be unlocked during special
events in the future. She commented on the desire of the City and Council to provide an
inclusive, safe community. Jackie Kozak-Thiel, Chief Sustainability Officer, replied the City has
developed an interdepartmental internal equity team and the recommended budget includes a
part-time coordinator of the team. The Human Relations Commission and Social Sustainability
Department are also important points of contact for community members and a new Police
liaison for the LBGTQ plus community has been recommended for funding.
Councilmember Martinez commented on Council’s desire to be inclusive and noted the Colorado
State Constitution and U.S. Constitution protect all community members.
Councilmember Campana noted Councilmembers can also be a point of contact for concerns
regarding racism or other incidents.
Councilmember Overbeck requested input regarding the Human Relations Commission (HRC).
Kozak-Thiel replied a conversation started with the HRC last year to bring together a collective
which is now called the Community Equity Initiative. Its first retreat occurred recently and the
Initiative includes representatives from CSU, Poudre School District, the City, members of the
faith community, Larimer Latinos, the County and others.
Councilmember Overbeck asked about the City’s participation in a national index. Kozak-Thiel
replied a national organization called the Municipal Equality Index assesses municipalities and
Fort Collins’ score recently went up from a 60 to 74.
Mayor Troxell thanked the citizens who spoke and noted the City has researched the AMI
infrastructure and is confident about its safety.
CONSENT CALENDAR
Councilmember Campana withdrew Item No. 2, Items Relating to Proposed Outdoor Vendor
Requirements, from the Consent Agenda.
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City of Fort Collins Page 157
Mayor Troxell opened the public hearing for Item No. 8, Items Relating to the Completion of the
2016 Fall Cycle of the Competitive Process for Allocating City Financial Resources to
Affordable Housing Activities Utilizing Funds from the Federal Community Development Block
Grant (CDBG) Program, Federal HOME Investment Partnership (HOME), and the City's
Affordable Housing Fund (AHF).
Councilmember Overbeck withdrew Item No. 13, Resolution 2016-088 Adopting the City's 2017
Legislative Policy Agenda, from the Consent Agenda.
Eric Sutherland withdrew Item Nos. 3, Second Reading of Ordinance No. 118, 2016, Being the
Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority
Relating to the Annual Appropriations for the Fiscal Year 2017 and Fixing Mill Levy for the
Downtown Development Authority for Fiscal Year 2017, and 6, Items Relating to 2017 Utility
Rate Ordinances, from the Consent Agenda.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
ABSENT: Horak
1. Consideration and Approval of the Minutes of the October 18, 2016, Regular Council Meeting.
(Adopted)
The purpose of this item is to approve the minutes from the October 18, 2016 Regular Council
meeting.
2. Second Reading of Ordinance No. 119, 2016, Adopting the 2017 Budget and Appropriating
the Fort Collins Share of the 2017 Fiscal Year Operating and Capital Funds for the Northern
Colorado Regional Airport. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 1, 2016, appropriates the City
of Fort Collins’ 50% share of the Northern Colorado Regional Airport budget. The Airport’s total
budget is comprised of an operating budget and a capital budget. The 2017 annual operating budget
is $1,099,030, and will be funded using Airport operating revenues and non-operating revenues
derived through contributions from the Cities of Fort Collins and Loveland ($260,000 from each City).
The proposed capital budget is $1,493,302, and is funded through federal grants, state grants, and
Airport operating revenue.
This Ordinance appropriates the City of Fort Collins 50% share of the 2017 Airport operating budget,
which totals $549,515 and the City of Fort Collins 50% share of the 2017 capital budget which totals
$746,651. The City of Loveland will be appropriating the other 50%. The Airport operating budget is
used to maintain and operate the Airport in compliance with all regulatory standards for safety and
security and to achieve the Council-approved Airport Strategic Plan. The Airport capital budget will
be used to complete Airport improvement projects including runway and taxiway rehabilitation and
preservation, taxiway sign safety modifications, an Airport Master Plan update, and acquisition of
snow removal equipment.
November 15, 2016
City of Fort Collins Page 158
3. Items Relating to Various Amendments to Chapter 26 of the Code of the City of Fort Collins
Pertaining to Utilities - Fall 2016. (Adopted)
A. Second Reading of Ordinance No. 120, 2016, Amending Chapter 26 of the Code of the City of
Fort Collins Pertaining to Water Meter Requirements and Installation.
B. Second Reading of Ordinance No. 121, 2016, Amending the Code of the City of Fort Collins to
Clarify Utility Accounts, Billing and Collection Practices.
These Ordinances, unanimously adopted on First Reading on November 1, 2016, update Chapter 26
of the City Code to address the following:
Identify requirements for location and installation of water service meters
Clarify accounts and billing practices involving billing and collection dates and practices, and
services provided to leased premises.
A portion of the language approved on First Reading of Ordinance No. 121, 2016, for inclusion in
Sec. 26-721 of the City Code has been removed for Second Reading of the Ordinance. The deleted
language was originally included on first reading of the Ordinance as part of new language to be
added to the Code. However, staff has determined that this language will create an undue
administrative burden and difficulty associated with inquiring into and validating whether the cause of
a meter failure was a customer or a third party, and to apply a uniform method to calculate back-
billing amounts for all customers with meter failures. The removed language appears as a “strike-out”
in Section 7 of the Ordinance on Second Reading.
4. First Reading of Ordinance No. 127, 2016, Appropriating Prior Year Reserves in the General
Fund for the Purpose of Equipment Upgrades for FCTV. (Adopted)
The purpose of this item is to transfer $30,000 in restricted PEG funds from FCTV (Cable 14)
reserves to 2016 Budget to cover needed equipment upgrades.
5. Items Relating to the Completion of the 2016 Fall Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing Activities Utilizing Funds from the
Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment
Partnership (HOME), and the City's Affordable Housing Fund (AHF). (Adopted)
A. Public Hearing and Resolution 2016-085 Approving the Programs and Projects that Will Receive
Funds from the Community Development Block Grant Program, HOME Investment Partnership
Program and the City’s Affordable Housing Fund.
B. Public Hearing and First Reading of Ordinance No. 128, 2016, Appropriating Unanticipated
Revenue in the Community Development Block Grant Fund.
C. Public Hearing and First Reading of Ordinance No. 129, 2016, Appropriating Unanticipated
Revenue in the HOME Investment Partnerships Fund.
The purpose of this item is to approve the funding recommendations of the 2016 Fall Cycle of the
Competitive Process and appropriate federal dollars. Resolution 2016-085 will complete the 2016
Fall Cycle of the Competitive Process for allocating $1,153,289 in City financial resources to
affordable housing projects and the administration of the HOME program that began October 1,
2016. Ordinance Nos. 128 and 129, 2016 appropriate an adjustment of to the FY2016 HOME
Participating Jurisdiction Grant from the Department of Housing and Urban Development (HUD) and
Community Development Block Grant (CDBG) Program Income from FY2015.
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City of Fort Collins Page 159
6. First Reading of Ordinance No. 130, 2016, Amending Certain Labeling and Testing Provisions
of the Code of the City of Fort Collins Related to Retail Marijuana Businesses to Eliminate
Duplication of and Conflict with State Law. (Adopted)
The purpose of this item is to repeal marijuana testing provisions in the City Code to be in conformity
with state law.
7. First Reading of Ordinance No. 131, 2016, Declaring Certain City-Owned Property as Road
Right-of-Way for Timberline Road. (Adopted)
The purpose of this item is to declare Tract B of Community Recycle Center Subdivision, which is
owned by the City, as road right-of-way. The Timberline Road project is currently being constructed
on the property The City owns a parcel of property located at the southwest corner of Timberline
Road and Prospect Road. In 2015, the City designed ultimate improvements for Timberline Road
across a portion of the City’s property. This Ordinance officially establishes this portion needed for
Timberline Road on the City’s property as public road right-of-way.
8. Resolution 2016-086 Authorizing the Mayor to Execute an Intergovernmental Agreement
between the City of Fort Collins and the Colorado Department of Transportation for the US
287 (College Avenue) Resurfacing Project Between Harmony Road and Mulberry Street.
(Adopted)
The purpose of this item is to authorize the execution of an intergovernmental agreement (IGA)
between the City and the Colorado Department of Transportation (CDOT) for the CDOT Milling and
Resurfacing Project of US 287 (College Avenue) between Harmony and Mulberry.
9. Resolution 2016-087 Affirming Its Intent to Share Costs for Improvements to the Interstate 25
(I-25) and Prospect Road Interchange Improvements as a Part of the Colorado Department of
Transportation's North I-25 Corridor Improvements Project. (Adopted)
The purpose of this item is to affirm Council’s support of the City’s intent to share in costs for
improvements to the Prospect-Interstate 25 (I-25) interchange with the Colorado Department of
Transportation (CDOT). This funding partnership would allow for significant cost efficiencies and
inclusion into CDOT’s overall base case project of Northern Colorado improvements to I-25. City
staff is exploring funding partnership tools, including a proportional share of cost from key
stakeholders/property owners proximate to the interchange.
Mayor Troxell closed the public hearing for Item No. 8, Items Relating to the Completion of the
2016 Fall Cycle of the Competitive Process for Allocating City Financial Resources to
Affordable Housing Activities Utilizing Funds from the Federal Community Development Block
Grant (CDBG) Program, Federal HOME Investment Partnership (HOME), and the City's
Affordable Housing Fund (AHF).
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Mayor Troxell commented on Item No. 12, Resolution 2016-087 Affirming Its Intent to Share
Costs for Improvements to the Interstate 25 (I-25) and Prospect Road Interchange Improvements
as a Part of the Colorado Department of Transportation's North I-25 Corridor Improvements
Project, stating it speaks to a collaborative effort among CDOT and multiple communities.
Councilmember Stephens commented on Item No. 8, Items Relating to the Completion of the
2016 Fall Cycle of the Competitive Process for Allocating City Financial Resources to
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City of Fort Collins Page 160
Affordable Housing Activities Utilizing Funds from the Federal Community Development Block
Grant (CDBG) Program, Federal HOME Investment Partnership (HOME), and the City's
Affordable Housing Fund (AHF), stating it will fund rehabbing existing affordable housing.
STAFF REPORTS
City Manager Atteberry introduced Dr. Tom Dodd, principal at Lesher Middle School, and
announced he has been recognized as the Principal of the Year for the United States.
Mayor Troxell read a proclamation recognizing Dr. Dodd’s achievements.
Dr. Dodd commended his staff and students and thanked the Councilmembers for their service.
COUNCILMEMBER REPORTS
Councilmember Cunniff reported on a visit to Olander Elementary School.
Councilmember Stephens reported on a visit to Shepardson Elementary School.
Councilmember Overbeck reported on his presentation of a proclamation recognizing an
historical marker project at Grandview Cemetery and thanked the Council Tree Daughters of the
American Revolution for their research. He reported on the ribbon cutting ceremony for a new
multi-use path at Tavelli Elementary School.
Councilmember Martinez reported on a visit to Putnam Elementary School.
Mayor Troxell reported on City Manager Atteberry being elected a Fellow of the National
Academy of Public Administrators and being recognized with a Governor’s Award for
leadership.
Councilmember Martinez requested City Manager Atteberry comment on the Baldrige Award.
City Manager Atteberry replied the City has been on a “performance excellence” journey of
continuous improvement and the framework used is the Malcolm Baldrige Quality Improvement
Program. The City reached the highest level at the regional Rocky Mountain Performance
Excellence program and was therefore qualified to participate at the national level. The City was
identified as a Baldrige Best Practice site for the Leadership category.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
10. Items Relating to Proposed Outdoor Vendor Requirements. (Adopted as Amended on Second
Reading)
A. Second Reading of Ordinance No. 079, 2016, Amending Article XIV of Chapter 15 of the Code
of the City of Fort Collins Regarding Outdoor Vendors.
B. Second Reading of Ordinance No. 080, 2016, Amending Articles 3, 4 and 5 of the Land Use
Code Regarding Outdoor Vendors.
These Ordinances, unanimously adopted on First Reading on June 21, 2016, amend the City Code
and Land Use Code to update property owner and outdoor vendor requirements. The intent of the
original 2012 Code provisions for outdoor vendor operations was to manage a mobile operation and
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City of Fort Collins Page 161
address specific mobile vendor impacts and requirements as a temporary, accessory land use. The
proposed changes clarify and distinguish between two primary outdoor vending operations, mobile
and stationary, including land use locational requirements for vending on privately-owned lots.
On July 5, 2016, on Second Reading, Council postponed this item to November 15, 2016. The
postponement was intended to allow more time for staff to coordinate with outdoor vendors and
affected property owners related to potential Downtown stationary vending locations and a new food
truck park concept.
Tom Leeson, Community Development and Neighborhood Services Director, stated Ordinance
No. 079, 2016 provides amendments to the City Code and Ordinance No. 080, 2016 amends the
Land Use Code. An error related to stationary vending was found in Ordinance No. 079, 2016.
The Ordinance should state stationary vending is allowed in the Downtown zone district;
therefore, staff is recommending the erroneous section be stricken to make the Ordinances
consistent.
Taylor Smith, Silver Seed and FoCo Food Truck Alliance, thanked Council for its transparency
and accessibility. He commended the proper and sensible regulations.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 079, 2016, as amended, on Second Reading.
RESULT: ORDINANCE NO. 079, 2016, ADOPTED AS AMENDED ON SECOND READING
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
ABSENT: Horak
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 080, 2016, on Second Reading.
Councilmember Stephens commended staff on meeting with vendors to create a better end
product.
RESULT: ORDINANCE NO. 080, 2016, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
ABSENT: Horak
11. Resolution 2016-088 Adopting the City's 2017 Legislative Policy Agenda. (Adopted as
Amended)
The purpose of this item is to consider and adopt the City's 2017 Legislative Policy Agenda as
recommended by the Legislative Review Committee (LRC). Each year the LRC develops a
legislative agenda to assist in the analysis of pending legislation and regulation. The Legislative
Policy Agenda is used as a guide by Council and staff to determine positions on legislation and
regulation pending at the state and federal levels and as a general reference for the City's state
legislators and congressional delegation.
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Councilmember Overbeck stated he would like some additions to the Legislative Policy Agenda
in the areas of Social Sustainability and Natural Areas. He requested the following Social
Sustainability additions: a word to make the phrase “support a diverse, equitable and inclusive
community that successfully meets the basic needs of all residents,” “mental health and
substance abuse,” and “oppose legislations that target any protected class.” In Natural Areas and
Open Lands, he requested the addition of the phrase “protect the Cache la Poudre River and local
urban streams” or “protect and restore local urban streams.”
Councilmember Campana requested a description of the document itself. Ginny Sawyer, Project
and Policy Manager, replied the Legislative Policy Agenda is set prior to the State legislative
session and is meant to be a guiding document for the Legislative Review Committee, composed
of three Councilmembers.
Councilmember Campana noted some of the statements in the document are direct from other
documents and the goal in reviewing it was to reduce redundancies and create a more
streamlined Policy Agenda the Committee can measure any new legislation against.
Councilmember Cunniff agreed with Councilmember Campana’s assessment but stated
Councilmember Overbeck’s proposed changes do make sense.
Councilmember Campana questioned how state legislation could affect local urban streams
noting the City could adopt its own policies regarding local streams.
Councilmembers discussed the “oppose legislations that target any protected class” language.
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt
Resolution 2016-088.
Councilmember Campana made a friendly amendment to accept all of Councilmember
Overbeck’s suggested changes apart from the “oppose legislations that target any protected
class” language. Councilmember Cunniff accepted the friendly amendment.
Councilmember Campana commended Councilmember Overbeck’s suggestions.
Councilmember Overbeck commended the work of the Legislative Review Committee and
supported the motion.
RESULT: RESOLUTION 2016-088 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
ABSENT: Horak
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City of Fort Collins Page 163
DISCUSSION ITEMS
12. Second Reading of Ordinance No. 126, 2016, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2017; Adopting the Budget for the
Fiscal Years Beginning January 1, 2017, and Ending December 31, 2018; and Fixing the Mill
Levy for the Fiscal Year 2017. (Option 1 or Option 2) (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on November 1, 2016, sets the City Budget
for the two-year period (2017-18) which becomes the City’s financial plan for the next two fiscal
years. As requested, two options are being brought forth for Second Reading. Option 1 is the
Ordinance as adopted on First Reading, including the amendment to not fund Side Hill Park. That
Ordinance sets the amount of $611,024,736 to be appropriated for fiscal year 2017. Option 2 is the
Ordinance referenced in Option 1 along with: (1) unfunding Offer 5.26 - CAP ENHANCEMENT -
Utilities: Light & Power - Electric Distributed Battery Pilot Program, and (2) funding Offer 7.19 -
ENHANCEMENT - 1.0 FTE Utilities: Customer Service & Administration - Program Coordinator
Supervisor. The Option 2 Ordinance would set the amount of $611,085,496 to be appropriated for
fiscal year 2017.
However, these appropriated amounts do not include what is being appropriated by separate Council
actions to adopt the 2017 budget for the General Improvement District (GID) No. 1 of $68,107, the
2017 budget for General Improvement District (GID) No. 15 (Skyview) of $1,000, the Urban Renewal
Authority 2017 budget of $8,328,759, and the Downtown Development Authority 2017 budget of
$9,888,727. This Ordinance also sets the 2017 City mill levy at 9.797 mills, unchanged since 1991.
Mike Beckstead, Chief Financial Officer, discussed the changes made since First Reading.
Cheryl Distaso, Fort Collins Community Action Network, supported full funding of Sunday bus
service for 2017 and 2018.
Deborah James supported full funding of Sunday bus service.
Mike Devereaux supported full funding of Sunday bus service.
Peter O’Neill, Energy Board, spoke in favor of option 2 for the Utilities budget which would
fund the Conservation Program Coordinator Supervisor position.
Lynn Thompson, Fort Collins Homeless Coalition, supported full funding of Sunday bus service.
Gordon Coombs, Team Wellness and Prevention, thanked Council and staff for work to serve
underserved populations in the budget process.
Brian Munskee supported full funding of Sunday bus service noting its benefits to the triple
bottom line.
Kevin Cross, Fort Collins Sustainability Group, spoke in favor of budget offers which would
support the City's greenhouse gas emission reduction goals, specifically offers 6.65, Utilities
Light and Power Energy Services, and 6.76, Energy Services Enhancement. He stated the
recommended budget does not do enough to advance Fort Collins toward meeting its climate
goals.
Mary Dinn supported full funding of Sunday bus service.
Esther Aguila supported full funding of Sunday bus service.
November 15, 2016
City of Fort Collins Page 164
Jana Newman supported full, or at least partial, funding of Sunday bus service
Jimena Sagas, Human Relations Commission, supported full funding of budget offer 27.8.
Anthony McGlaun supported full funding of budget offer 27.8.
Dierdre Sullivan supported full funding of budget offer 27.8.
Pastor J. Newhall discussed homelessness in the community and noted the importance of helping
individuals in need. He supported allocating additional funding toward aiding homeless
individuals.
Robert Bradley supported full funding of Sunday bus service.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
Councilmember Cunniff thanked the citizens who have provided input regarding the budget. He
noted Council agrees Sunday transit is desirable; however, questions remain as to how quickly
and how exactly to fund it. He went on to discuss the options for Utilities and supported moving
forward with option 1 at this point.
Councilmember Overbeck asked about conversations with other potential partners for Sunday
bus service. Kurt Ravenschlag, Transfort General Manager, replied preliminary conversations
with Colorado State University have been initiated and a formal proposal has been created.
Meetings with ASCSU will occur prior to the holiday break and meetings with CSU
administration occur biweekly and the proposal is currently being routed through the
administration.
Councilmember Overbeck suggested additional time be spent on the equity and inclusion offer
27.8 in terms of analyzing how complaints are filed.
Councilmember Martinez thanked the citizens who have provided input. He supported the need
for Sunday bus service but noted funding trade-offs need to occur. He asked about the cost per
ride of Sunday service. Ravenschlag replied the cost per Sunday rider is estimated to be
approximately $12.
Councilmember Martinez asked how long it would take to implement the service with full
funding. Ravenschlag replied it would take approximately four months.
Councilmember Stephens supported the Sunday service pilot program and the process of finding
a funding partner. With regard to the equity inclusion office, she suggested additional research
into ensuring this offer is the best approach.
Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 126, 2016, Option 1, on Second Reading.
Councilmember Campana noted the original recommended budget did not include Sunday
service at all and the proposal to include a funding partner is a unique approach and good
compromise for attempting to pilot Sunday service.
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City of Fort Collins Page 165
Councilmember Overbeck suggested the possibility of mid-term funding of equity and inclusion
department positions.
Mayor Troxell thanked staff and citizens for work and participation in the budget. He stated the
budget serves the city well in terms of utilization of its resources.
RESULT: ORDINANCE NO. 126, 2016, OPTION 1, ADOPTED ON SECOND READING
[UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
ABSENT: Horak
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
13. Second Reading of Ordinance No. 118, 2016, Being the Annual Appropriation Ordinance for
the Fort Collins Downtown Development Authority Relating to the Annual Appropriations for
the Fiscal Year 2017 and Fixing Mill Levy for the Downtown Development Authority for Fiscal
Year 2017. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on November 1, 2016, sets the Downtown
Development Authority ("DDA") Budget and sets the 2017 Mill Levy for the Fort Collins DDA at five
(5) mills, unchanged since tax year 2002.
The following amounts will be appropriated:
DDA Public/Private Investments & Programs $1,665,408
DDA Operations & Maintenance $ 835,283
Revolving Line of Credit Draws $2,450,000
DDA Debt Service Fund $4,938,036
The approved Budget becomes the Downtown Development Authority's financial plan for 2017.
Eric Sutherland stated this budget does not comport with the requirements for budgeting
contained in the City Charter.
Councilmember Martinez noted the process has been laid out and adopted by previous Councils.
Councilmember Campana made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 118, 2016, on Second Reading.
RESULT: ORDINANCE NO. 118, 2016, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
ABSENT: Horak
14. Items Relating to 2017 Utility Rate Ordinances. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 122, 2016, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates, Fees and Charges.
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City of Fort Collins Page 166
Proposed Revenue Adjustments
Utility Service 2017 2018
Electric 3.45% 1.80%
Water 5.00% 5.00%
Wastewater 3.00% 3.00%
Stormwater 5.00% 0.00%
B. Second Reading of Ordinance No. 123, 2016, Amending chapter 26 of the Code of the City of
Fort Collins to Revise Water Rates, Fees and Charges.
C. Second Reading of Ordinance No. 124, 2016, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Wastewater Rates, Fees and Charges.
D. Second Reading of Ordinance No. 125, 2016, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Stormwater Rates, Fees and Charges.
These Ordinances, unanimously adopted on First Reading on November 1, 2016, adopt rate
changes for electric, water, wastewater and stormwater monthly charges, beginning in January 2017.
The proposed rate increases for 2017 and 2018, as well as the primary driver behind the requested
increases, are outlined in the table below.
In Ordinance No. 122, 2016, Electric Rates, the language initially adopted on First Reading has been
removed from Sections 2 and 3. The removed language involved proposed additions to City Code
Sections 26-464(r) and 26-465(r) expanding the scope of “community solar projects” to include low-
income solar program installations. The full program details, including a version of the proposed
language removed from Ordinance No. 122, 2016, will return for Council consideration in 2017.
Eric Sutherland opposed various aspects of the Utility rate ordinances and stated the Smart Meter
investment was a public policy failure.
Mike Truitt asked Council to consider how utility rate increases will affect middle and lower
income residents.
Councilmember Cunniff stated he would like to see additional work in terms of providing
funding for energy-efficiency upgrades; however, the existing rate structures have been proven
to be necessary for both the anticipated PRPA increases as well as the capital improvement plans
for specific infrastructures fixes in all three utilities.
Councilmember Stephens stated she is committed to finding a solution to aid low-income
families.
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 122, 2016, on Second Reading.
Councilmember Campana commented on challenges with on-bill financing.
November 15, 2016
City of Fort Collins Page 167
Councilmember Overbeck asked how many homes have electric baseboard heat in the
community. Lance Smith, Utilities Strategic Finance Director, replied a residential demand rate
structure for all-electric houses does exist and there are currently about 800 customers on that
rate structure.
RESULT: ORDINANCE NO. 122, 2016, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
ABSENT: Horak
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 123, 2016, on Second Reading.
RESULT: ORDINANCE NO. 123, 2016, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
ABSENT: Horak
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 124, 2016, on Second Reading.
RESULT: ORDINANCE NO. 124, 2016, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
ABSENT: Horak
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 125, 2016, on Second Reading.
THE MOTION CARRIED.
RESULT: ORDINANCE NO. 125, 2016, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
ABSENT: Horak
OTHER BUSINESS
Councilmember Campana commented on offer 41.3, an enhancement offer for online special
events permit software, which did not make the City Manager’s recommended budget. He stated
November 15, 2016
City of Fort Collins Page 168
2016 carry-over funds have been found for that offer and requested and received Council support
for funding that offer.
Councilmember Campana stated one of the hurdles of on-bill financing involves citizens not
being able to initially pay for improvements prior to being reimbursed; therefore, paying
contractors directly could be a good option. He supported investigating options.
Councilmember Cunniff agreed with Councilmember Campana and supported modifying or
creating programs to create the opportunity for lower-income residents to afford improvements.
Councilmember Campana requested and received Council support to evaluate the challenges of
Northern Integrated Supply Project (NISP). Carol Webb, Water Resources and Treatment
Operations Manager, stated a memo will be provided to Council regarding water supply issues in
the region and a summary of all regional projects in relation to the needs of Fort Collins. The
Halligan project has had a budget increase primarily due to water quality modeling challenges.
Webb stated staff has had discussions with NISP participants regarding the City’s issues and
noted Glade Reservoir, which is part of the NISP project, is an alternative to the Halligan project.
The Army Corps is looking at the Least Environmentally Damaging Practicable Alternative and
staff is recommending pursuing the draft Environmental Impact Statement which will aid in
determining whether the Halligan permitting process should continue or whether Glade is a
potential alternative to Halligan.
Councilmember Campana stated Council neither supported nor directly opposed NISP and
suggested it be more direct in evaluating the project, addressing any issues, and discussing
possible solutions. Webb replied deliberate, specific discussions with NISP participants have
occurred and additional communications on that will be forthcoming in the near term.
Councilmember Cunniff supported continuing to study NISP and possible ways to remediate
issues. Councilmember Campana stated the scientific challenges, and whether they can be
solved, should be clearly identified.
Mayor Troxell asked when the results of the time-of-use study will be discussed. Lance Smith,
Utilities Strategic Finance Director, replied the time-of-use pilot study is complete and analysis
on the best bill guarantee portion is currently being completed. Customers will be notified in
December as to whether the best bill guarantee requires an adjustment to their account. The
study, customer survey results, and options for Council consideration will be discussed at the
January 23 Work Session.
Mayor Troxell requested information as to what form a proposal for a new rate structure would
take and a time line for such implementation. Smith replied the communication and outreach
plan will be discussed.
Mayor Troxell suggested Council gain a certain base knowledge regarding time-of-use and
distributed energy resources.
Councilmember Overbeck stated he was contacted by Representative Joann Ginal regarding a
state bill addressing rolling coal.
November 15, 2016
City of Fort Collins Page 169
MOTION TO ADJOURN TO LATER IN THE EVENING
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adjourn to
later tonight and resume upon the completion of the General Improvement District No. 1 Board
meeting, the Skyview South General Improvement District Board meeting, and the Urban
Renewal Authority Board meeting for completion of the Council's regular meeting agenda.
Yeas: Campana, Martinez, Cunniff, Troxell, Overbeck and Stephens. Nays: none.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
ABSENT: Horak
POSSIBLE EXECUTIVE SESSION.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, that the City
Council go into executive session for the purpose of meeting with the City’s attorneys and City
Management staff to discuss specific legal questions related to the case of Gonzalez versus the
City of Fort Collins and the manner in which particular policies, practices and regulations of the
City may be affected by existing or 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).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
ABSENT: Horak
ADJOURNMENT
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck to adjourn to
6:00 p.m., Tuesday, November 29, 2016.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff
ABSENT: Horak
November 15, 2016
City of Fort Collins Page 170
The meeting adjourned at 11:08 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 1
November 29, 2016
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 Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn into
executive session, as permitted under Section 2-31(a)(1) of the City Code and Colorado Revised
Statutes Section 24-6-402 (4)(f)(I), for the purpose of discussing the annual performance reviews
of the Council's employees-the City Manager, City Attorney and Municipal Judge, and meeting
individually with each Council employee to discuss his or her review.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 10:26 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk