HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/18/2018 - CONSIDERATION AND APPROVAL OF THE MINUTES FROM THEAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY December 18, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes From the November 6 and November 20, 2018 Regular Council
Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the November 6 and November 20, 2018 Regular
Council meetings.
ATTACHMENTS
1. November 6, 2018 (PDF)
2. November 20, 2018 (PDF)
City of Fort Collins Page 404
November 6, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
Mayor Troxell announced the presence of a 3rd grade class from Riffenburgh Elementary.
• PUBLIC COMMENT
Fred Kirsch asked why additional regulation on outdoor fire pits is needed when smoke regulation
is already part of the nuisance code. There seems to be a dissonance in enforcement practices.
Adam Eggleston expressed concern fee increases will further limit affordable housing.
Coleen Conway, Human Relations Commission, stated this year’s State of the City address
outlined Fort Collins’ journey to excellence framed by innovation, experience, and inclusion. She
questioned how the feeling of inclusivity can be maintained as the city grows.
Emily (no last name given) congratulated the City and Council for winning the U.S. Mayor
Challenge for the Home Energy Efficiency Program.
Brad Bishop, Fort Collins Running Club, reported on his organization's fall cleanup in natural
areas.
Youval Rosenthal, ASCSU Director of Community Affairs, reported on CSU's voter registration
drive, a book festival, and City Plan sessions CSU has hosted.
Thomas Edwards stated the Riverside bridge construction project is flawed. He noted various
concerns and added that the dirt path from the Power Trail to Spring Creek should be paved.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the public comments.
Councilmember Martinez commended Mr. Bishop and the running club as well as ASCSU for its
voter drive.
Mayor Pro Tem Horak requested a staff response to Mr. Kirsch's concern. Jeff Mihelich, Deputy
City Manager, replied the definition of nuisance and its application in the field are the challenges.
He noted the policy discussion being considered by Council is whether or not to have any outdoor
wood burning at all.
November 6, 2018
City of Fort Collins Page 405
Mayor Pro Tem Horak requested staff provide a written response to Mr. Kirsch regarding the
enforcement of the nuisance code.
• CONSENT CALENDAR
Mayor Troxell noted Item Nos. 4, Second Reading of Ordinance No. 127, 2018, Amending the
Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Sanctuary on the Green Annexation to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map, and 11, Public
Hearing and First Reading of Ordinance No. 132, 2018, Deciding Whether to Approve the
Addition of a Permitted Use for 200 East Swallow to Allow Professional Office as a Use, APU
180001, are public hearings.
Eric Sutherland withdrew Item No. 13, Resolution 2018-106 Submitting the College and Drake
Existing Conditions Study and Urban Renewal Plan to the City's Planning and Zoning Board, the
Larimer County Board of Commissioners and the Poudre School District, and Further Directing
that the Urban Renewal Impact Study be Submitted to the Larimer County Board of
Commissioners When Completed, from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the October 2 and October 16, 2018 Regular
Council Meetings and the October 9, 2018 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the October 2 and October 16, 2018 Regular
Council meetings and the October 9, 2018 Adjourned Council meeting.
2. Second Reading of Ordinance No. 125, 2018, Amending Chapter 3 of the Code of the City of
Fort Collins to Add a New Article IV Regarding Entertainment District. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 16, 2018 establishes City Code
provisions that allow City Council to adopt Entertainment Districts and granting the Liquor Licensing
Authority the authority to approve and regulate Promotional Associations and Common Consumption
Areas within Entertainment Districts.
There are some minor changes between First and Second Reading, the most significant of which is
the inclusion of an abandonment provision that automatically deems an entertainment district
abandoned if there is no certified promotional association for a twelve-month period.
3. Second Reading of Ordinance No. 126, 2018, Annexing the Property Known as the Sanctuary
on the Green Annexation to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 16, 2018 annexes 16.98 acres.
The site is located generally at the northwest corner of North Taft Hill Road and LaPorte Avenue and
addressed as 325 North Taft Hill Road. The New Mercer Canal forms the western boundary. This is
a voluntary annexation. The Initiating Resolution was adopted on September 4, 2018.
November 6, 2018
City of Fort Collins Page 406
4. Second Reading of Ordinance No. 127, 2018, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Sanctuary on the
Green Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes
to the Residential Neighborhood Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2018-034.
This Ordinance, unanimously adopted on First Reading on October 16, 2018, zones 16.98 acres. The
site is located generally at the northwest corner of North Taft Hill Road and LaPorte Avenue and
addressed as 325 North Taft Hill Road. The New Mercer Canal forms the western boundary. In
accordance with the City Plan’s Structure Plan Map and the Northwest Subarea Plan, the requested
zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood.
5. First Reading of Ordinance No. 127, 2018, Being the Annual Appropriation Ordinance for the
Fort Collins Downtown Development Authority Relating to the Annual Appropriations for the
Fiscal Year 2019 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year
2019. (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 $3,470,849
DDA Operations & Maintenance $ 809,787
Revolving Line of Credit Draws $4,000,000
DDA Debt Service Fund $6,225,522
The Ordinance sets the 2019 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
2019.
6. First Reading of Ordinance No. 136, 2018, Adopting the 2019 Budget and Appropriating the
Fort Collins Share of the 2019 Fiscal Year Operating and Capital Funds for the Northern
Colorado Regional Airport. (Adopted)
The purpose of this item is to adopt the 2019 budget for the Northern Colorado Regional Airport and
appropriate Fort Collins’ share of the 2019 fiscal year operating and capital funds for the Airport.
7. First Reading of Ordinance No. 128, 2018, Appropriating Unanticipated Grant Revenue in the
General Fund for Climate Action Efforts. (Adopted)
The purpose of this item is to appropriate $5,000 in grant revenues from the Urban Sustainability
Directors Network (“USDN”) Innovation Fund Technical Assistance Mini-Grant Program into the
General Fund for the purpose of working with three other U.S. cities to develop a full grant application
to the USDN Innovation Fund. The full grant application will develop a framework for cities to develop
climate action plans and other planning efforts by systematically addressing mitigation, resilience, and
equity within a single planning process. The technical assistance mini-grant, covered by this
Ordinance, will convene the four total cities in November 2018 to develop the full proposal. This project
will leverage and align with the City’s effort to update the Climate Action Plan and Energy Policy in
2019 and 2020 (Budget Offer 43.12).
November 6, 2018
City of Fort Collins Page 407
8. First Reading of Ordinance No. 129, 2018, Amending Land Use Code Section 3.25 Pertaining to
Trash and Recycling Enclosures for New Development. (Adopted)
The purpose of this item is to adopt an updated section of the Land Use Code that pertains to trash
and recycling to implement current techniques and practices. This section was part of the annual
update package that was approved by City Council on June 5, 2018, but was removed for further
refinement and outreach.
9. First Reading of Ordinance No. 130, 2018, Amending Chapter 23 of the Code of the City of Fort
Collins Regarding Parks, Trails, Recreation, and Natural Areas. (Adopted)
The purpose of this item is to update a number of provisions within Chapter 23, Articles IX (Natural
Areas) and X (Parks) of the City Code. The Code changes are intended to more accurately reflect the
current practices and procedures of the Natural Areas and Parks Departments. Various provisions are
covered in these changes including permit processes, slacklining, structures, and updating definitions
to reflect the City’s current organizational chart.
10. First Reading of Ordinance No. 131, 2018, Amending Chapter 20 of the Code of the City of Fort
Collins Regarding Abatement of Nuisances. (Adopted)
The purpose of this item is to clarify a possible ambiguity under the current Code. Section 20-44 will
be amended to clarify that the notification requirements of that section apply only to the abatement of
nuisance properties. Without the change, the current Code could be interpreted to mean Code
Enforcement Officers must provide a violation notice before issuing a citation and before abating a
property. This change will clarify that providing notice to property owners applies only to abatement,
and not to the issuing of citations.
11. Public Hearing and First Reading of Ordinance No. 132, 2018, Deciding Whether to Approve
the Addition of a Permitted Use for 200 East Swallow to Allow Professional Office as a Use,
APU 180001. (Adopted)
The purpose of this item is to consider the recommendation of the Planning and Zoning Board to
approve, with conditions, the request for an Addition of Permitted Use (APU) for a Professional Office
at 200 East Swallow Road, located in the Low Density Residential (R-L) zone district, and being made
in conjunction with Minor Amendment MA180050. The APU would allow 100% of the house to be
used for a professional office versus 50% which is allowed under the Home Occupation License.
Approval of this item as part of the consent agenda represents approval of the requested APU pursuant
by ordinance. If this item is pulled from the consent agenda and Council votes to deny the APU, staff
will present an ordinance to deny the APU at the next regular Council meeting.
12. Resolution 2018-105 Authorizing the City Manager to Execute an Agreement with the City of
Greeley and the Water Supply and Storage Company Regarding a Dam Breach Flood
Inundation Mapping Study. (Adopted)
The purpose of this item is to receive authorization for the City Manager to execute an agreement with
the City of Greeley (“Greeley”) and the Water Supply and Storage Company (“WSSC”) to perform a
dam breach inundation mapping study for several reservoirs in the upper Cache la Poudre River basin,
including two owned by the City of Fort Collins. Fort Collins is collaborating with Greeley and WSSC
to perform this State-required mapping on a total of ten reservoirs in the upper Cache la Poudre River
basin. A consultant has been selected who will contract directly with Greeley, while Fort Collins and
WSSC will be invoiced by Greeley for the portions of the work that affect their respective reservoirs.
Fort Collins is saving considerable funds by collaborating with Greeley and WSSC to perform
modelling and mapping on ten reservoirs versus modelling each reservoir individually. Each entity is
also saving costs by applying for a grant from the State of Colorado that covers 50% of the costs of
the project.
November 6, 2018
City of Fort Collins Page 408
13. Resolution 2018-107 Supporting the Grant Application for the Planning Grant from the State
Board of Great Outdoors Colorado for the Parks and Recreation Master Plan. (Adopted)
The purpose of this item is to request City Council support to pursue the 2018 Great Outdoors Colorado
(“GOCO”) Planning Grant. If awarded, the funding will be used for community outreach efforts for the
Parks and Recreation Master Plan update. GOCO requires a resolution of City Council support be
submitted as part of the grant application package.
• END CONSENT
The Mayor closed the public hearings.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff stated he was asked by citizens if Item No. 11, Public Hearing and First
Reading of Ordinance No. 132, 2018, Deciding Whether to Approve the Addition of a Permitted
Use for 200 East Swallow to Allow Professional Office as a Use, APU 180001, was publicized in
the same way as other zoning and land use decisions and requested staff follow-up.
• COUNCILMEMBER REPORTS
Councilmember Martinez reported on the holiday lighting ceremony, business appreciation
breakfast, and Churn ice cream grand opening. He also reported on veteran Art Maxwell's funeral.
Councilmember Overbeck reported on his meeting with Riffenburgh students.
Councilmember Cunniff reported on the wasteshed meeting.
Councilmember Stephens reported on the Crossroads Safehouse breakfast and commended the
work of the organization. She also reported on the boards and commissions appreciation dinner
and discussed the vigil for the Pittsburgh synagogue attack. She reported on the Shepardson
Elementary read-a-thon.
Mayor Pro Tem Horak reported on the coats and boots handout event at Irish Elementary and the
Platte River Power Authority board meeting during which the 100% renewable resolution was
discussed.
Mayor Troxell reported on Fort Collins' receipt of the Bloomberg Mayor's Challenge award and
associated $1 million prize that will go toward energy efficiency and air quality in low to moderate-
income housing, primarily rental stock.
• DISCUSSION ITEMS
14. Items Relating to 2019 Utility Rates for Electric and Stormwater Rates, Fees and Charges.
(Adopted on First Reading)
A. First Reading of Ordinance No. 134, 2018, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Electric Rate, Fees and Charges.
B. First Reading of Ordinance No. 135, 2018 Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Stormwater Rates, Fees and Charges.
November 6, 2018
City of Fort Collins Page 409
The purpose of this item is for Council to consider adjusting monthly charges for electric and storm
water services in 2019. The revenue requirements to support the 2019 budget will require increasing
monthly charges for electric service by 5.0% and stormwater service by 2.0%. Staff recommends no
changes to water and wastewater utility rates.
Lance Smith, Utilities Strategic Finance Director, discussed the proposed 5% electric and 2%
stormwater rate increases. Regarding electric rates, Smith stated it is no longer feasible to draw
down reserves further to meet operational needs and noted the 2019 budget is intended to be
adequate but not excessive to provide the same level of service as 2018. Smith discussed
neighboring communities' rate increases and Fort Collins' payment assistance programs.
Fred Kirsch asked if the broadband investment has an impact on these rates.
Kevin Cross, Fort Collins Sustainability Group, stated the proposed 5% electric rate increase
includes a 0.31% piece that would fund 25% of two budget offers the Fort Collins Sustainability
Group supports. He stated the Group supports increasing funding for those two offers by another
25%, which would be a $362,000 increase for two years.
Rich Stave asked about demand and capital needs by rate group. He discussed the time of use
rates and questioned why commercial and industrial customers do not have a time of use increase.
Eric Sutherland stated the Boxelder Stormwater Authority demonstrated an absence of fiscal
responsibility by Utilities. He opposed the time of use rate structure.
Mayor Troxell asked if the broadband investment has any impact on the proposed rate increases.
City Manager Atteberry replied in the negative.
Mayor Troxell requested staff input regarding Mr. Stave's questions. Smith replied 40% of the
peak demand is associated with industrial customers, 30% with commercial, and 30% with
residential.
Mayor Troxell noted the time of use rates provide net neutral funding for the Utilities. Smith
replied those rates are not associated with an increase in revenue.
Councilmember Cunniff noted the time of use rates will be analyzed after a year to ensure they are
net neutral. He requested an analysis prior to Second Reading about whether any rate classes are
paying more or less than their fair share of the net total electric wholesale and capital costs.
Councilmember Stephens requested information about payment assistance programs. Lisa
Rosintoski, Utilities Customer Connections, provided information regarding the Utilities
affordability portfolio. She stated the income qualified program has 713 participants and discussed
public outreach efforts.
Councilmember Martinez expressed concern about the time of use rates, noting they are not net
neutral for the customers. Smith stated the average customer only uses 17% of their monthly
electric use during the on-peak window.
Councilmember Martinez asked how messaging regarding medical waivers is being distributed.
Rosintoski replied the City is using social media, community events, and grassroots outreach
efforts.
November 6, 2018
City of Fort Collins Page 410
Councilmember Martinez asked if medical supply companies and hospitals or doctors' offices
could inform customers. Rosintoski noted the waiver application requires a doctor's approval;
however, those communication efforts could be made more robust.
Councilmember Martinez asked how much of the 5% increase is going to the Climate Action Plan.
Smith replied 1.4% of the 5% is anticipated to be wholesale cost and 3.6% is intended to stay
within the distribution utility, some of which will be used for Climate Action Plan related offers,
some of which will be used for ongoing energy service programs, and some will allow for renewal.
He stated 0.31% is going directly to Climate Action Plan goals in this budget cycle.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 134, 2018, on First Reading.
Mayor Pro Tem Horak stated most of the rate increase deals with keeping the utility reliable. The
1.4% is related to wholesale rates which the Platte River Power Authority has agreed to smooth
over time.
Councilmember Martinez asked about the impacts to reliability should the 5% increase not move
forward. Deputy City Manager Mihelich replied a portion of the increase is for maintenance of
the electrical system which will help with reliability.
Councilmember Martinez stated the messaging needs to be improved and noted this is not revenue
neutral for some customers.
City Manager Atteberry stated Fort Collins has one of the most reliable electric systems in the
United States. He stated the proposed rate structure is responsible from an operational standpoint
and helps further other City goals.
Councilmember Martinez discussed the importance of aiding lower-income households.
City Manager Atteberry stated deferring increases could result in a bigger gap than if funding
maintenance occurs.
Councilmember Cunniff stated he would support the motion as proactive maintenance is important
to keep expensive emergency repairs from being required.
Councilmember Stephens encouraged customers to call Utilities if they are struggling with paying
bills.
Councilmember Martinez stated his vote is intended to represent those who do not have a loud
enough voice. The City would keep up with maintenance regardless of this increase, though it
may be less cost effective.
Mayor Troxell discussed the importance of reliable electric power and associated infrastructure.
Mayor Pro Tem Horak stated not following through with this increase would not be responsible
for the future of the utility.
November 6, 2018
City of Fort Collins Page 411
RESULT: ORDINANCE NO. 134, 2018, ADOPTED ON FIRST READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
NAYS: Martinez
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 135, 2018, on First Reading.
Mayor Pro Tem Horak suggested staff discuss the upcoming stormwater project. Theresa Connor,
Water Engineering and Field Services Manager, replied there is a need for a project to alleviate
flooding risks in the downtown area.
RESULT: ORDINANCE NO. 135, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
15. First Reading of Ordinance No. 133, 2018, Being the Annual Appropriation Ordinance Relating
to the Annual Appropriations for the Fiscal Year 2019; Adopting the Budget for the Fiscal Years
beginning January 1, 2019 and Ending December 31, 2020; and Fixing the Mill Levy for the
Fiscal Year 2019. (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 (2019-20) which becomes the City’s financial
plan for the next two fiscal years. This Ordinance sets the amount of $634,271,160 to be appropriated
for fiscal year 2019. However, this appropriated amount does not include what is being appropriated
by separate Council/Board of Director actions to adopt the 2019 budget for the General Improvement
District (GID) No. 1 of $167,000, the 2019 budget for GID No. 15 (Skyview) of $1,000, the Urban
Renewal Authority (URA) 2019 budget of $5,867,677 and the Downtown Development Authority 2019
budget of $14,506,158. This results in City-related total operating appropriations of $654,812,995 in
2019.
This Ordinance also sets the 2019 City mill levy at 9.797 mills, unchanged since 1991.
City Manager Atteberry discussed the budget in relation to Council's priorities and the City's
Strategic Plan. He noted budget priorities relate to the City's vision, mission, and values and stated
the recommended budget aligns resources to the vision. The major budget themes include
supporting Council and community priorities, investing in public safety and police staffing, stream
rehabilitation and flood warning systems, maintaining Keep Fort Collins Great (KFCG)
commitments, the launch of the new broadband utility, being good stewards of City assets,
sustaining the current level of services balanced with available resources, continuing energy
efficiency efforts, and supporting City employees.
Mike Beckstead, Chief Financial Officer, noted this budget has a flattening revenue and rising cost
scenario; therefore, reductions have been required. He discussed additions that have been made
to the budget since the last work session. He stated the budget is balanced and reflects community
and Council priorities and noted the overall fiscal health of the City is stable and strong.
November 6, 2018
City of Fort Collins Page 412
Rob Cagen supported park and tree trimming funding and encouraged additional funding for parks
and recreation.
Eric Sutherland discussed KFCG and County revenues.
Stephen Beckley, Fort Collins Cycling Club, thanked Council for its longstanding support of
bicycling infrastructure. He supported funding for the Harmony Power Trail crossing.
Chris Winslow, FC Public Media, supported funding non-profit media.
Bruce Henderson supported funding the completion of the Power Trail and a grade-separated
Harmony Power Trail crossing.
Linda McCoullough supported the FC Media budget offer.
Aaron Buckley, Fort Collins Bicycle Co-op and Bike Fort Collins, supported funding the
completion of the Power Trail and a grade-separated Harmony Power Trail crossing.
Clay Taylor encouraged funding additional shower and laundry facilities at the Murphy Center.
Todd Gourley supported funding the completion of the Power Trail and a grade-separated crossing
at Harmony.
James Scott supported funding the grade-separated Power Trail crossing at Harmony.
Kevin Cross, Fort Collins Sustainability Group, supported funding energy efficiency and solar
rebate offers in full.
Kevin Henry, Fort Collins Sustainability Group, supported funding for offers that will help meet
2020 and Climate Action Plan goals.
Brad Bishop, Fort Collins Running Club, supported funding the Power Trail grade-separated
crossing at Harmony.
Bill McDonough, Fort Collins Cycling Club, supported funding the Power Trail grade-separated
crossing at Harmony.
Jake Keener supported funding the Power Trail grade-separated crossing at Harmony.
Nevin Mandel supported funding the Power Trail grade-separated crossing at Harmony and
extending the Murphy Center hours.
Dana Harvey supported funding the Power Trail grade-separated crossing at Harmony.
Councilmember Cunniff asked about the inclusion of the Pedestrian Master Plan and West
Elizabeth Master Plan in the budget. Beckstead replied he was not aware their inclusion was part
of Council's direction based on the last work session.
Mayor Pro Tem Horak recalled staff was to look at shovel-ready aspects and possible grants for
the West Elizabeth corridor. City Manager Atteberry stated the Federal Transit Administration
November 6, 2018
City of Fort Collins Page 413
grant application requires 30% design completion. Deputy City Manager Mihelich replied staff
would research possible leeway in federal funding applications.
Councilmember Cunniff expressed concern there was no information regarding the Pedestrian
Master Plan in the budget. He stated he would like staff to propose an offsetting one-time cut in
revenue to fund the Plan prior to Second Reading. City Manager Atteberry replied staff would
provide that information at the direction of Council.
Councilmember Martinez requested staff input on the Power Trail grade-separated crossing at
Harmony. City Manager Atteberry replied the budget leadership team has found the item a
priority; however, the total build-out has a cost of about $5 million, which is not available in this
budget. Should other dollars be available for leverage mid-budget cycle, staff will return to
Council.
Councilmember Martinez requested staff input regarding the Murphy Center hours and facilities.
Deputy City Manager Mihelich replied funding for extended hours, including access to showers
and laundry facilities, is included in the budget.
Mayor Pro Tem Horak suggested partnering with Larimer County for the Harmony Power Trail
crossing.
Mayor Troxell asked about the funding for FC Media. Beckstead replied it is a 50% match funded
at $30,000 for each of three years. Mayor Troxell noted that would be a scalable amount and
discussed the importance of multiplier effects. Amanda King, Communications Director,
discussed the FC Media offer.
Mayor Pro Tem Horak asked if the design for the Power Trail grade-separated crossing needs to
be complete prior to applying for GoCo grant funding. Laurie Kadrich, Planning, Development,
and Transportation Director, replied the $400,000 for design could be appropriated; however, that
was not recommended as part of the budget as the remainder of the funds for the project were not
available.
Councilmember Overbeck agreed with Mayor Troxell on the scalable FC Media offer and
requested additional consideration of funding for the Pedestrian Master Plan.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 133, 2018, on First Reading.
Councilmember Cunniff expressed disappointment it has taken so much effort to get Council
priorities funded.
Councilmember Stephens stated she would like to make the FC Media offer a priority and leverage
it with City Gives. She stated she would support the recommended budget.
Councilmember Martinez stated he would support the budget and commended staff on their work.
Councilmember Stephens supported funding for additional Murphy Center hours and commended
the work of the budget teams.
November 6, 2018
City of Fort Collins Page 414
Mayor Pro Tem Horak made a motion to amend the budget to include $15,000 per year for two
years for FC Media. Councilmember Cunniff considered the amendment to be friendly.
Mayor Pro Tem Horak made a motion to amend the budget to include the $400,000 for design of
the Harmony grade-separated crossing for the Power Trail. Councilmember Cunniff considered
the amendment to be friendly.
Councilmember Cunniff stated he would like to formalize the request for an option to fund the
Pedestrian Master Plan for Second Reading.
Mayor Pro Tem Horak stated he was disappointed in the lack of comment from Poudre Fire
Authority on the recommendation to reduce the funding of PFA by $500,000 for each of the years.
Mayor Troxell commended the work on the budget.
Councilmember Cunniff thanked those who participated in the process but expressed
disappointment in the executive team.
Councilmember Martinez thanked Police Services for keeping the community safe.
Councilmember Overbeck commended those who participated in the process.
RESULT: ORDINANCE NO. 133, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
16. Resolution 2018-106 Submitting the College and Drake Existing Conditions Study and Urban
Renewal Plan to the City's Planning and Zoning Board, the Larimer County Board of
Commissioners and the Poudre School District, and Further Directing that the Urban Renewal
Impact Study be Submitted to the Larimer County Board of Commissioners When Completed.
(Adopted)
The purpose of this item is for City Council to consider a resolution submitting the College and Drake
Urban Renewal Plan (URP) to the Planning and Zoning Board (P&Z), the Larimer County Board of
Commissioners, and the Poudre School District, for their review as required by Colorado's Urban
Renewal Law. By statute, P&Z must evaluate all proposed urban renewal plans for conformance with
the City's Comprehensive Plan. P&Z is scheduled to review the proposed College and Drake URP on
November 15, 2018.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-106.
RESULT: RESOLUTION 2108-106 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
November 6, 2018
City of Fort Collins Page 415
• OTHER BUSINESS
Councilmember Martinez requested and received support to receive an update regarding Boards
and Commissions attendance, voting, and training requirements.
Councilmember Cunniff stated he would like to look at a more explicit financial disclosure
requirement for board and commission members.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Summers, to designate
Councilmember Martinez as the acting presiding officer for Council's work session on Tuesday,
November 13, 2018.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ken Summers, District 3
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• ADJOURNMENT
The meeting adjourned at 9:04 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 416
November 20, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry withdrew Item Nos. 13, First Reading of Ordinance No. 143, 2018,
Authorizing the Purchasing Agent to Enter into Contracts for Services, Professional Services
and/or Construction in Excess of Five Years for the Proposed Enlargement of Halligan Reservoir,
and 18, Resolution 2018-112 Adopting the City's 2019 Legislative Policy Agenda, from the
Consent Agenda.
City Manager Atteberry also noted the Staff Report related to the Income Qualified Assistance
Program has been withdrawn due to a family emergency.
• PUBLIC COMMENT
Kit Baker discussed the financial benefits of government investment in the arts.
Charles Calisher discussed safety concerns on the street in front of Tavelli Elementary.
Alan Braslau discussed the new time-of-day electric rate structure noting his bill for the month of
November decreased over the past November. He stated all customers have the ability to lower
their bills by using more energy during off-peak hours.
Kimberly Chambers, Northern Colorado Pride, NoCo Safe Space, requested Council find
additional funds to make proclamations related to LGBTQ individuals matter to the community
by providing inclusivity training to City staff and Police, by requiring all single stall restrooms to
be labeled as non-gender or gender neutral, and by creating more local protection ordinances that
will remain in place if federal protections are seized.
Ace Noland reiterated Ms. Chambers' comments and discussed the importance of protection for
all community members regardless of sexual orientation.
Adam Eggleston expressed concern about the perceived rush to complete items, such as the fire
pit regulations, prior to the April election.
Alexander (no last name given) spoke about the importance of transgender rights.
Thomas Edwards opposed the time-of-day electric rates.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
November 20, 2018
City of Fort Collins Page 417
Councilmember Overbeck requested staff look at Tavelli Elementary per Mr. Calisher's comments.
He requested staff provide details on the City's race, equity, and leadership training.
Councilmember Cunniff stated the City needs to partner with the County on improving safety
along the road in front of Tavelli Elementary.
Councilmember Stephens thanked the speakers and requested staff input regarding equity and
inclusion training for staff and Police.
• CONSENT CALENDAR
Stacy Lynne withdrew Item No. 11, First Reading of Ordinance No. 141, 2018, Amending Sections
3.8.7 and 5.1.2 of the Land Use Code Sign Regulations, from the Consent Agenda.
John Baum withdrew Item No. 16, Resolution 2018-110 Stating the Intent of the City of Fort
Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such
Property to be Known as the Strauss Cabin Enclave Annexation, from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
1. Second Reading of Ordinance No. 128, 2018, Appropriating Unanticipated Grant Revenue in
the General Fund for Climate Action Efforts. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 6, 2018, appropriates $5,000 in
grant revenues from the Urban Sustainability Directors Network (“USDN”) Innovation Fund Technical
Assistance Mini-Grant Program into the General Fund for the purpose of working with three other U.S.
cities to develop a full grant application to the USDN Innovation Fund. The full grant application will
develop a framework for cities to develop climate action plans and other planning efforts by
systematically addressing mitigation, resilience, and equity within a single planning process. The
technical assistance mini-grant, covered by this Ordinance, will convene the four total cities in
November 2018 to develop the full proposal. This project will leverage and align with the City’s effort
to update the Climate Action Plan and Energy Policy in 2019 and 2020 (Budget Offer 43.12).
2. Second Reading of Ordinance No. 129, 2018, Amending Land Use Code Section 3.25 Pertaining
to Trash and Recycling Enclosures for New Development. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 6, 2018, adopts an updated
section of the Land Use Code that pertains to trash and recycling to implement current techniques and
practices. This section was part of the annual update package that was approved by City Council on
June 5, 2018, but was removed for further refinement and outreach.
3. Second Reading of Ordinance No. 130, 2018, Amending Chapter 23 of the Code of the City of
Fort Collins Regarding Parks, Trails, Recreation, and Natural Areas. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 6, 2018, updates a number of
provisions within Chapter 23, Articles IX (Natural Areas) and X (Parks) of the City Code. The Code
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City of Fort Collins Page 418
changes are intended to more accurately reflect the current practices and procedures of the Natural
Areas and Parks Departments. Various provisions are covered in these changes including permit
processes, slacklining, structures, and updating definitions to reflect the City’s current organizational
chart.
This Ordinance has been amended on Second Reading to reflect the proper name “Colorado Parks
and Wildlife” and correct a minor error in the Code language of Section 4.
4. Second Reading of Ordinance No. 131, 2018, Amending Chapter 20 of the Code of the City of
Fort Collins Regarding Abatement of Nuisances. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 6, 2018, clarifies possible
ambiguity under the current Code. Section 20-44 will be amended to clarify that the notification
requirements of that section apply only to the abatement of nuisance properties. Without the change,
the current Code could be interpreted to mean Code Enforcement Officers must provide a violation
notice before issuing a citation and before abating a property. This change will clarify that providing
notice to property owners applies only to abatement, and not to the issuing of citations.
5. Second Reading of Ordinance No. 132, 2018, Deciding Whether to Approve the Addition of a
Permitted Use for 200 East Swallow to Allow Professional Office as a Use, APU 180001.
(Adopted)
This Ordinance, unanimously adopted on First Reading on November 6, 2018, recommends that the
Planning and Zoning Board to approve, with conditions, the request for an Addition of Permitted Use
(APU) for a Professional Office at 200 East Swallow Road, located in the Low Density Residential (R-
L) zone district, and being made in conjunction with Minor Amendment MA180050. The APU would
allow 100% of the house to be used for a professional office versus 50% which is allowed under the
Home Occupation License. Approval of this item as part of the consent agenda represents approval
of the requested APU pursuant by ordinance. If this item is pulled from the consent agenda and
Council votes to deny the APU, staff will present an ordinance to deny the APU at the next regular
Council meeting.
6. Second Reading of Ordinance No. 136, 2018, Adopting the 2019 Budget and Appropriating the
Fort Collins Share of the 2019 Fiscal Year Operating and Capital Funds for the Northern
Colorado Regional Airport. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 6, 2018, adopts the 2019 budget
for the Northern Colorado Regional Airport and appropriates Fort Collins’ share of the 2019 fiscal year
operating and capital funds for the Airport.
7. Second Reading of Ordinance No. 137, 2018, Being the Annual Appropriation Ordinance for the
Fort Collins Downtown Development Authority Relating to the Annual Appropriations for the
Fiscal Year 2019 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year
2019. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 6, 2018, sets the Downtown
Development Authority ("DDA") Budget.
The following amounts will be appropriated:
DDA Public/Private Investments & Programs $3,470,849
DDA Operations & Maintenance $ 809,787
Revolving Line of Credit Draws $4,000,000
DDA Debt Service Fund $6,225,522
November 20, 2018
City of Fort Collins Page 419
The Ordinance sets the 2019 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
2019. Ordinance No. 127, 2018 was numbered incorrectly on First Reading. The number has been
corrected for Second Reading.
8. First Reading of Ordinance No. 138, 2018, Appropriating Unanticipated Revenue in the Light
and Power Fund for Purchased Power Expenses. (Adopted)
The purpose of this item is to appropriate unanticipated revenues in the Light & Power Enterprise Fund
to offset higher purchased power expenses experienced in 2018. The Light & Power Fund realized
$2.8M of unanticipated revenues in 2018, while purchased power expenses for 2018 have been $2.9M
higher than what was budgeted for this expense. Because purchased power expenses represent 70-
72% of all expenses, this appropriation is necessary to ensure the Enterprise Fund remains under
budget for the year.
9. First Reading of Ordinance No. 139, 2018, Appropriating Unanticipated Revenue and Prior Year
Reserves in the General Fund Related to the Northern Colorado Drug Task Force. (Adopted)
The purpose of this item is to appropriate reserves and unanticipated revenue for operation of the
Northern Colorado Drug Task Force (NCDTF). Management and fiduciary responsibilities for the
NCDTF have been transferred from Fort Collins Police Services to the Larimer County Sheriff’s Office.
10. First Reading of Ordinance No. 140, 2018, Appropriating Prior Year Reserves in the General
Fund to Reimburse Woodward, Inc., for Development Fees and Use Tax. (Adopted)
The purpose of this item is to appropriate $64,479 of prior year reserves for a rebate to Woodward,
Inc., for development fees and use tax under an agreement that City Council approved on April 2,
2013 (Ordinance No. 055, 2013). The agreement provides business investment assistance for the
relocation of Woodward’s headquarters, as well as an expansion of its manufacturing and office
facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain
or create between 1,400 and 1,700 primary jobs in the City.
11. First Reading of Ordinance No. 142, 2018, Authorizing the Lease of City-Owned Property at
424 Pine Street for Up to 40 Years. (Adopted)
The purpose of this item is to obtain authorization from City Council to lease City-owned property to a
nonprofit corporation, United Daycare Center dba Teaching Tree Early Childhood Learning Center, at
a less-than-market lease rate of $600 per year for a period of up to 40 years. The initial term is for 20
years, followed by the option for 4 additional 5-year terms at the City’s discretion.
12. First Reading of Ordinance No. 143, 2018, Authorizing the Purchasing Agent to Enter into
Contracts for Services, Professional Services and/or Construction in Excess of Five Years for
the Proposed Enlargement of Halligan Reservoir. (Adopted)
The purpose of this item is to authorize the Purchasing Agent, pursuant to City Code Section 8-186(a),
to enter into contracts greater than five years in length for services, professional services and/or
construction of the proposed enlargement of Halligan Reservoir, which is the preferred alternative for
the Halligan Water Supply Project. The request for a longer contract period is due to the large scope
of the project and the uncertainties related to the schedule for design and construction. Any contracts
authorized under the proposed ordinance would be no longer than ten years in length.
13. Resolution 2018-108 Stating the Intent of the City of Fort Collins to Annex Certain Property and
Initiating Enclave Annexation Proceedings for Such Property to be Known as the Trilby
Substation Enclave Annexation. (Adopted)
This is a City-initiated request to annex a 1.797-acre enclave consisting of a single-parcel into the City
of Fort Collins. The parcel became an enclave with the annexation of the Timan First Annexation on
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City of Fort Collins Page 420
June 7, 1988. As of June 7, 1991, the City was authorized to annex the enclave by ordinance in
accordance with Colorado Revised Statutes § 31-12-106. The Trilby Substation Enclave Annexation
is located in southwest Fort Collins, abuts West Trilby Road to the north, and is situated between
Hazaleus Natural Area and Colina Mariposa Natural Area. The single parcel contains an electric
substation that is owned and operated by the Poudre Valley Rural Electric Association. The proposed
zoning for this annexation is the Public Open Lands (P-O-L) zone district, which complies with the City
of Fort Collins Structure Plan. The surrounding properties are existing Natural Areas owned and
administered by the City of Fort Collins.
The proposed Resolution makes a finding that the property has been completely contained within the
boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing
date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held
at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior
notice is required by state law.
14. Resolution 2018-109 Stating the Intent of the City of Fort Collins to Annex Certain Property and
Initiating Enclave Annexation Proceedings for Such Property to be Known as the Kechter
Enclave Annexation. (Adopted)
This is a City-initiated request to annex an 8.4-acre enclave consisting of a single-parcel into the City
of Fort Collins. The parcel became an enclave with the annexation of the Kechter Farm Annexation on
May 6, 2014. As of May 6, 2017, the City was authorized to annex the enclave by ordinance in
accordance with Colorado Revised Statutes § 31-12-106. The Kechter Enclave Annexation is located
in southeast Fort Collins, abuts Ziegler Road to the east and is situated between Trilby Road and the
Fossil Creek Reservoir. The single parcel contains a single-family residence with several agricultural
related outbuildings. The proposed zoning for this annexation is the Low Density Mixed Use
Neighborhood (L-M-N) zone district, which complies with the City of Fort Collins Structure Plan. The
surrounding properties are existing single-family residences that were developed in the county and
subsequently annexed by the City of Fort Collins.
The proposed Resolution makes a finding that the property has been completely contained within the
boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing
date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held
at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior
notice is required by state law.
15. Resolution 2018-111 Stating the Intent of the City of Fort Collins to Annex Certain Property and
Initiating Enclave Annexation Proceedings for Such Property to be Known as the Friendly Fire
Enclave Annexation. (Adopted)
This is a City-initiated request to annex a 2.057-acre enclave consisting of three parcels into the City
of Fort Collins. The subject parcels became an enclave with the annexation of the Forney Annexation
on September 18, 2012. As of September 18, 2015, the City was authorized to annex the enclave by
ordinance in accordance with Colorado Revised Statutes § 31-12-106. The Friendly Fire Enclave
Annexation is located in northwest Fort Collins, abuts Laporte Avenue to the south between North
Bryan Avenue and Grandview Avenue. The three parcels contain a combination of single-family,
commercial, and industrial uses. The proposed zoning for this annexation is Limited Commercial (C-
L). The surrounding properties are existing commercial and residential land uses.
The proposed Resolution makes a finding that the properties have been completely contained within
the boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing
date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held
at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior
notice is required by state law.
November 20, 2018
City of Fort Collins Page 421
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Stephens commented on Item No. 12, First Reading of Ordinance No. 142, 2018,
Authorizing the Lease of City-Owned Property at 424 Pine Street for Up to 40 Years. She noted
Teaching Tree is one of two facilities in the city that offers sliding-scale care for infants and this
lease will allow them to serve twice the number of families.
• COUNCILMEMBER REPORTS
Councilmember Martinez reported on the Salvation Army kettle drive kick-off and the India Night
event at CSU. He also discussed resolutions passed by the National League of Cities.
Councilmember Stephens reported on the National League of Cities racial equity and leadership
training, the Habitat for Humanity breakfast at Poudre High School, and the opening of the Junior
League Career Closet.
Mayor Troxell reported on hosting a U.S. SBA administrator to highlight Small Business Saturday
and discussed the National League of Cities Transportation Infrastructure Services meetings.
Mayor Pro Tem Horak reported on the National League of Cities discussion of homelessness in
Los Angeles.
• DISCUSSION ITEMS
18. Items Relating to 2019 Utility Rates for Electric and Stormwater Rates, Fees and Charges.
(Adopted on Second Reading)
A. Second Reading of Ordinance No. 134, 2018, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rate, Fees and Charges.
B. Second Reading of Ordinance No. 135, 2018 Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Stormwater Rates, Fees and Charges.
These Ordinances were adopted on November 6, 2018. Ordinance No. 134, 2018, was adopted by a
vote of 6-1 (Nays: Martinez). Ordinance No. 135, 2018 was unanimously adopted. The two
Ordinances adjust monthly charges for electric and storm water services in 2019. The revenue
requirements to support the 2019 budget will require increasing monthly charges for electric service
by 5.0% and stormwater service by 2.0%. Staff recommends no changes to water and wastewater
utility rates.
Eric Sutherland opposed the Boxelder Stormwater Authority and stated there are no elected
officials assuring rate payers are getting a good value. He stated the time-of-day rates are not
correlated with the actual cost of delivering electricity.
Alan Braslau stated his bills have decreased with the time-of-day rates and those decreases more
than compensate for these proposed rate increases.
R. Cook Cloninger stated she has an entire electric home and her first monthly bill under the time-
of-use rates was more than double her last bill. She stated the proposed rate increase is
unreasonable and the new billing is not equitable.
November 20, 2018
City of Fort Collins Page 422
Thomas Edwards opposed the time-of-use rates and rate increases for all electric homes.
Councilmember Stephens requested staff address the comments about all electric homes. Lance
Smith, Utility Finance Director, replied several citizens have commented on both decreases and
increases in their bills and stated there are a number of programs available to assist those who are
struggling.
Councilmember Stephens asked if there are billing exceptions for all electric homes. Smith replied
there is a different rate structure for all electric homes recognizing more electricity is required for
those homes.
Lisa Rosintoski, Utilities Deputy Director, provided information as to where customers can find
information about their bills and possible opportunities for savings.
Councilmember Martinez commented on the increase in his bill.
Mayor Pro Tem Horak noted time-of-use rates may not be to blame for bills going up this year
compared to last year or this month compared to last month.
Councilmember Cunniff asked what proof customers need to provide to become part of the
electric-only rate structure. Smith replied county assessor data is examined to determine whether
gas service is available to the home and all homes to which there was no gas service were
automatically placed on the electric-only rate structure. Rosintoski stated individuals who feel
their home is not correctly represented can fill out a short form and be switched to the all-electric
rate.
Mayor Troxell noted there are many "ghost" users of electricity in most homes.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 134, 2018, on Second Reading.
Councilmember Martinez stated he would not support the item as the time-of-use rates still need
to be examined for their full effect.
Councilmember Stephens stated a vote in favor of this item is not a vote against people who are
struggling to pay electric bills. The increases are not arbitrary and are necessary to pay for the cost
of providing service.
Mayor Troxell stated this increase is not related to the time-of-use rate structure and will aid in
covering costs to maintain reliable electric service.
Councilmember Summers stated prudent rate increases need to occur while still addressing and
aiding those who are most negatively impacted.
November 20, 2018
City of Fort Collins Page 423
RESULT: ORDINANCE NO. 134, 2018, ADOPTED ON SECOND READING [6-1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
NAYS: Martinez
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 135, 2018, on Second Reading.
RESULT: ORDINANCE NO. 135, 2018, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
19. Second Reading of Ordinance No. 133, 2018, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2019; Adopting the Budget for the
Fiscal Years beginning January 1, 2019, and Ending December 31, 2020; and Fixing the Mill
Levy for the Fiscal Year 2019. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on November 6, 2018, sets the City Budget
for the two-year period (2019-20) which becomes the City’s financial plan for the next two fiscal years.
This Ordinance sets the amount of $635,086,160 to be appropriated for fiscal year 2019. However,
this appropriated amount does not include what is being appropriated by separate Council/Board of
Director actions to adopt the 2019 budget for the General Improvement District (GID) No. 1 of
$167,000, the 2019 budget for GID No. 15 (Skyview) of $1,000, the Urban Renewal Authority (URA)
2019 budget of $5,867,677 and the Downtown Development Authority 2019 budget of $14,506,158.
This results in City-related total operating appropriations of $655,627,995 in 2019. This Ordinance also
sets the 2019 City mill levy at 9.797 mills, unchanged since 1991.
Lawrence Pollack, Budget Manager, discussed additional offers Councilmembers wanted to fund
that were not included in the original recommended budget, but were included in the First Reading.
During the First Reading discussion, two friendly amendments were made, one relating to the
grade-separated Power Trail crossing at Harmony and one relating to FCPAN, and are included in
this Second Reading.
Pollack noted two amendments, among others, could be discussed this evening: one for the West
Elizabeth enhanced travel corridor and one for the Pedestrian Master Plan and FC Walks program.
Both of these offers involve one-time funding; therefore, staff recommends using General Fund
reserves if Council would like to fund one or both.
Pollack summarized the budget as being balanced and fiscally prudent that maintains investments
in core services, continues investment in capital replacement, and maintains commitments to
voters who approved the Keep Fort Collins Great sales tax.
Eric Sutherland opposed the $5.8 million in capitalized interest for the broadband utility. He stated
there needs to be some type of oversight on the broadband expenditures and stated the expenditures
have been fiscally irresponsible.
November 20, 2018
City of Fort Collins Page 424
Mayor Pro Tem Horak requested staff input as to Mr. Sutherland's comments. City Manager
Atteberry stated he would like to respond under separate cover and noted the broadband utility was
approved by voters and all transactions have occurred with transparency.
Councilmember Cunniff noted the $5.8 million in capitalized interest will be paid by rate payers
and the bond structures were designed to optimize the construction schedule. He disagreed the
expenditure is irresponsible.
Councilmember Summers also disagreed with Mr. Sutherland.
Councilmember Stephens asked about the association of a 0.5 FTE position with the Pedestrian
Master Plan. Pollack replied that is hourly support in the amount of a 0.5 FTE.
Councilmember Cunniff stated he would not be proposing an amendment related to the Pedestrian
Plan; however, he would like staff to address the management of pedestrian infrastructure in the
city. He stated he would like pedestrian infrastructure to ultimately be a more first-class option.
City Manager Atteberry expressed agreement with Councilmember Cunniff and stated this offer
may not particularly address his thoughts; however, there are alternatives and he will report
regularly to Council on progress.
Councilmember Martinez stated he would rather see the funds from that offer go towards building
more sidewalks in the city.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 133, 2018, on Second Reading.
Councilmember Stephens noted $50,000 was taken out of the budget for flowers and suggested it
might be possible for individuals to sponsor flower beds or to utilize City Fund.
Mayor Pro Tem Horak noted the $50,000 cut was from the $2 million offer from Parks and
Recreation for downtown maintenance.
Councilmember Martinez commended staff work on the budget.
Councilmember Overbeck commended work on the budget and expressed concern about the need
to spend $100,000 per year on encampment clean-up of needles and other harmful refuse. He
stated additional education efforts need to be made to reduce the need for this expenditure.
Mayor Troxell stated the budget is the culmination of 2 years of work and complemented staff and
Council on their work. He stated the budget maintains expected levels of service and provides
support for the fifth City utility.
RESULT: ORDINANCE NO. 133, 2018, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
November 20, 2018
City of Fort Collins Page 425
20. First Reading of Ordinance No. 144, 2018 Amending Chapter 12 of the Code of the City of Fort
Collins to Establish the Requirements for a Building Energy and Water Scoring Program.
(Adopted on First Reading)
The purpose of this item is to establish requirements for building owners to provide information related
to energy and water use in commercial and multifamily buildings larger than 5,000 square feet.
The ordinance requires:
• Building owners to benchmark and report energy and water performance data to the City;
• Energy and water performance data be made available to the public;
• A phased implementation over three years based on building size and sector;
• Building owners to apply for exemptions to the requirement if necessary;
• A compliance mechanism for enforcement if necessary.
Kevin Gertig, Utilities Executive Director, stated this item is the result of two years of program
development and extensive engagement with peer cities and stakeholders.
John Phelan, Energy Services Manager, stated this effort provides savings through efficiency and
conservation in the short and long-term and by supporting community goals established for energy,
water and climate policies. The building energy and water scoring program also provides
predictability and specific units of measure.
Kirk Longstein, Utilities Environmental Planner, stated this Ordinance requires building owners
to benchmark and report energy and water data to the City. Staff recommends a phased
implementation, beginning with non-industrial commercial buildings and followed by multi-
family buildings in 2021. Exemptions for certain use types are included; however, non-compliance
for buildings that are included would result in a fine of $1,000.
Adam Eggleston expressed concern this is forcing the market before the market is ready. He
opposed this moving forward for single-family dwellings and expressed concern about the possible
effects on housing affordability.
Andrew Bennett, Energy Outreach Colorado, stated this item is good for affordable housing
because it provides transparency and allows renters to ensure they will not be stuck with high
energy bills due to inefficient construction or furnaces.
Sue McFadden stated Energy Star portfolio manager is a simple tool that can be used by
businesses.
Christine Brinker, Southwest Energy Efficiency Project, supported the proposed ordinance and
discussed why a voluntary program would not be as effective.
Alan Braslau, Energy Board member, stated the Energy Board supports the program and stated it
is a good way to bring value to commercial properties in Fort Collins.
Councilmember Summers asked how this plan compares to the other cities with similar programs.
Phelan stated the Fort Collins plan includes smaller buildings than most other cities, primarily due
to the building stock in the city. Early cities that adopted this were large metropolitan areas such
as New York and Los Angeles. He noted there is no requirement for retrofitting buildings as staff
feels it is the market's role to decide what to do with the information and whether a building owner
November 20, 2018
City of Fort Collins Page 426
would find making improvements to be beneficial financially. Longstein noted this information
is not required to be part of real estate transactions.
Councilmember Summers questioned whether the goals of the program are disclosure to buyers
and consumers or increased energy efficiency. Phelan replied both are program goals and a single
program can address multiple objectives with the same tools.
Councilmember Summers asked how apartment buildings' energy scores can be controlled given
the various electric needs of different tenants. Phelan replied building owners would not be
controlling that; the purpose would be to measure the higher-level aggregated use of the building.
Councilmember Summers asked if utility costs of a building are available to building buyers.
Phelan replied that information could be requested from the property seller. This proposal would
provide generally available information for the public.
Councilmember Summers asked if there are other energy efficiency programs that force
participation with the threat of a fine. Phelan replied the Energy Code has minimum standards and
there are water conservation standards that, if not met, could result in a citation. This is the first
time a building energy efficiency program in Fort Collins has a requirement basis to it, which is
why the outreach and review has taken two years.
Councilmember Summers asked if the City has successful voluntary energy efficiency programs.
Phelan replied in the affirmative but noted a critical mass of data point is necessary to provide
consistent, predictable, and credible information on building performance to the broader market.
Councilmember Summers stated an ordinance is an overreach and asked about the program
administrative costs to the City. Phelan replied this is planned to be implemented with existing
resources.
Councilmember Martinez asked how the City will manage the program. Phelan replied the phased
approach over the next three years has been outlined and the required workload is not expected to
be a new expense, particularly as automation becomes more efficient.
Councilmember Martinez asked how many buildings are involved. Longstein replied there are
430 buildings in the first year and a total of 1,600 buildings.
Councilmember Martinez asked about software expenses. Phelan replied the software is from the
Environmental Protection Agency and is free.
Councilmember Martinez asked about the costs to building owners. Phelan replied the main cost
will be in time spent setting up and managing the portfolio account. That time is estimated at 4-6
hours for the first year and 1-2 hours per year for subsequent years.
Councilmember Martinez asked if an incentive program has been considered. Phelan replied that
has been considered; however, very low rates in terms of buildings using the tool and submitting
information were found in other communities with voluntary programs. Those communities with
ordinances in place are seeing very high participation with little use of the compliance mechanism
or citation. He noted no citations would occur until 2021 to provide adequate time for assistance
through the process.
November 20, 2018
City of Fort Collins Page 427
Councilmember Martinez asked how businesses are flagged for non-compliance. Phelan replied
buildings would be notified of the expectation for them to participate and those that have not
submitted information after one year would be contacted and asked to do so within the next year.
Councilmember Martinez asked which entities support or oppose the proposal. Longstein replied
there was general support from boards and commissions in terms of the program helping to achieve
City goals. Entities that did not support the program cited a lack of information or understanding
of what was being presented, a dislike of a punitive approach, and a fear of future regulations.
Longstein stated the working group was able to reach consensus on most items except the amount
of the fine. Phelan noted there was broad consensus and support for the transparency element, for
the proposed tools to be used, for making the information widely available, and for the need to
reach a critical mass.
Councilmember Martinez asked how businesses benefit from participating in the program. Phelan
replied evidence shows participating businesses reduced their utility costs by 2.5% in the first year
of participation and their time investment would likely be recouped in utility savings.
Councilmember Martinez expressed concern about this being overreaching and requested
additional information prior to Second Reading.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 144, 2018, on First Reading.
Councilmember Cunniff stated he is glad to support this item and noted individuals looking for
affordable housing in terms of utilities are another important stakeholder group. This will benefit
consumers and supported the regulatory option as being necessary to provide enough data to make
the market function.
Councilmember Stephens stated she would support the motion and thanked Mr. Bennett for
speaking about the effect of utility costs on low-income families.
Councilmember Overbeck thanked staff for their work and stated more market data and
transparency are important.
Mayor Troxell stated he would support the motion
RESULT: ORDINANCE NO. 144, 2018, ADOPTED ON FIRST READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
NAYS: Summers
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
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City of Fort Collins Page 428
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
16. First Reading of Ordinance No. 141, 2018, Amending Sections 3.8.7 and 5.1.2 of the Land Use
Code Sign Regulations. (Adopted on First Reading)
The purpose of this item is to update the Land Use Code (LUC), specifically the sign section, to improve
overall legibility, address common requests, implement action items from the adopted Downtown Plan,
and provide standards for new technology.
Stacy Lynne stated she pulled the item due to concerns over its placement on the Consent Agenda.
She showed a video of various staff and Councilmembers making statements about the Sign Code
update and stated the decision-making process that has been used for the last year is an example
of how not to create public policy. She requested this item be tabled in the interest of transparency
and to allow for a meaningful public process.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 141, 2018, on First Reading.
Mayor Pro Tem Horak stated this is a regular meeting and any item could be pulled from the
Consent Agenda, as this was. Additionally, there will be a second reading.
City Attorney Daggett stated one of the primary purposes of the changes being presented is to
ensure the Sign Code is in compliance with applicable law.
RESULT: ORDINANCE NO. 141, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
17. Resolution 2018-110 Stating the Intent of the City of Fort Collins to Annex Certain Property and
Initiating Enclave Annexation Proceedings for Such Property to be Known as the Strauss Cabin
Enclave Annexation. (Adopted)
This is a City-initiated request to annex a 35.036-acre enclave consisting of eight parcels into the City
of Fort Collins. The subject parcels became an enclave with the annexation of the Riverwalk
Annexation on October 27, 2009. As of October 27, 2012, the City was authorized to annex the enclave
by ordinance in accordance with Colorado Revised Statutes § 31-12-106. The Strauss Cabin Enclave
Annexation is located in southeast Fort Collins, abuts Kechter Road to the south and is bisected by
Strauss Cabin Road. The eight parcels contain a combination of single-family, agricultural, and
institutional uses. The proposed zoning for this annexation is Urban Estate (U-E), which will require a
separate item to amend the Structure Plan for the properties on the east side of Strauss Cabin Road.
The surrounding properties are existing single-family residences, a City of Fort Collins Natural Area
and an undeveloped property to the east referred to as H25.
The proposed Resolution makes a finding that the properties have has been completely contained
within the boundaries of the City for not less than three years, initiates annexation proceedings, sets
a hearing date for the annexation ordinance and directs the City Clerk to publish notice. The hearing
will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty
days of prior notice is required by state law.
John Baum stated he pulled this item because the estimate for the stormwater fee is misleading to
the point of being deceptive. He stated he is a victim of excessive stormwater fees and the estimate
of the stormwater fees for this annexation was inaccurate. The stormwater calculation does not
include fees relating to the City adding improvements to the stormwater system as a result of the
November 20, 2018
City of Fort Collins Page 429
annexation, nor does it take into account whether the property does or does not drain into the
stormwater system or whether the property benefits from the stormwater system. He stated the
City considers only the developed area of the property, which is not a defined or consistent
measure.
Mayor Pro Tem Horak requested a staff response to Mr. Baum's statements. Theresa Connor,
Deputy Director of Water Engineering and Field Services, stated she has met with Mr. Baum and
acknowledged the stormwater industry does not have a perfect way of calculating fees and instead
uses modeling efforts and journal calculations. The main goal of the utility is to protect life and
property in extremely large rain events and stated the developed area is generally considered the
non-agricultural area of the property. The fee is calculated as the size of the developed area of the
property times the runoff rate.
Mayor Troxell asked if this calculation is consistent and defensible. Connor replied in the
affirmative and stated Mr. Baum disagrees with the methodology; however, it is very defensible.
Credits are provided for using best management practices, which is the reason there is a range of
fees.
Ted Shepard, Chief Planner, stated individuals in the annexation area were presented with
hypothetical estimates for stormwater fees.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution
2018-110.
Mayor Pro Tem Horak noted there is not an equivalent system in the County and the assessed fees
cover the citywide system.
RESULT: RESOLUTION 2018-110 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• OTHER BUSINESS
Councilmember Overbeck discussed the budget line item for encampment clean-up in Natural
Areas and stated a “Leave No Trace” education campaign or similar program could be prudent.
Councilmember Cunniff stated he would support staff researching the issue and providing a memo
to Council.
City Manager Atteberry stated he would have a memo provided to Council.
Councilmember Martinez requested information related to HOA water bills. Carol Webb, Deputy
Director, Water Resources and Treatment Operations, replied Council adopted changes to the
water supply requirements and cash-in-lieu fees in 2017. In conjunction with that change, the
surcharge for excess water use over a given allotment was increased. Because of the increased
cost of service, some customers, many of which are HOAs, are now being charged a much larger
surcharge. Webb noted outreach to HOAs was difficult; therefore, the effective date of the
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City of Fort Collins Page 430
increased surcharges was delayed by one year and incentives for further delay include showing
diligence in reducing water use.
Webb stated that while the fees seem punitive year to year, it takes the utility quite a bit of time to
recover the cost it needs to firm the supply for the customer. In the short term, the increased fees
are sending a price signal to customers to encourage a reduction in water use or changes in
landscaping.
Councilmember Cunniff discussed the placement of an easy-to-locate directory of key personnel
on the City's web page. City Manager Atteberry replied the web page design is intended to make
it easier for citizens to get in touch with the correct person or department; however, a directory can
be easily added.
Mayor Pro Tem Horak congratulated Councilmember Overbeck on being elected Larimer County
Assessor and noted the election is not certified until November 28
th
, after which he expects
information regarding his replacement on Council.
• ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
PM, Tuesday, November 27, 2018, to consider the appeal of the Zoning Board of Appeals approval
of the sign variance 180021 for The Exchange, 216 North College Avenue, and for such other
business as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
The meeting adjourned at 9:28 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk