HomeMy WebLinkAboutMINUTES-03/06/2012-RegularMarch 6, 2012
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, March 6, 2012,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered
by the following Councilmembers: Horak, Kottwitz, Manvel, Ohlson, Poppaw, and Weikunat.
Councilmembers Absent: Troxell
Staff Members Present: Jones, Harris, Roy.
Agenda Review
Deputy City Manager Jones stated there were no changes to the published agenda.
Eric Sutherland, 3520 Golden Currant, withdrew Item No. 8, Second Reading of Ordinance No. 016,
2012, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund and Appropriating
Prior Year Reserves and Authorizing the Transfer of Existing Appropriations in the Keep Fort
Collins Great Fund for the North College Improvements Project - Conifer Street to Willox Lane
from the Consent Calendar.
Citizen Participation
Eric Sutherland, 3520 Golden Currant, discussed the City's regulations prohibiting cultivation of
medical marijuana in multi -family housing. He stated the regulations are discriminatory and noted
Council's ability to go into Executive Session is a privilege.
Vivian Armendariz, 820 Merganser Drive, acknowledged City Clerk Krajicek's retirement and
wished her well. She supported the resignation of Marlys Sittner from Transfort and Dial -a -Ride
and thanked Interim Police Chief Schiager for his service. Ms. Armendariz opposed comments
made by Kathleen Bracke regarding the Americans with Disabilities Act requirements for
roundabouts and asked if she had spoken to any disabled individuals regarding the issue.
Doug Brobst, 1625 Independence Road, commended staff and the work on the passage of the Keep
Fort Collins Great ballot issue in November 2010. He stated committee meetings regarding the on -
campus stadium are open to the public, but opposed the sub -committee meetings which are closed
to the public, and opposed the potential new on -campus stadium.
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Citizen Participation Follow-up
Councilmember Kottwitz requested follow-up regarding the communication and transparency in the
stadium public process. Deputy City Manager Jones stated she would follow up with Dr. Frank and
noted the sub -committees will be reporting out at the advisory committee meeting at the end of
March. She noted she has also been invited to meet with the Save our Stadium group.
Councilmember Manvel asked Deputy City Manager Jones if her sub -committee meeting is closed
to the public. Deputy City Manager Jones replied in the affirmative but noted she would take
comments back to the sub -committee co-chairs.
Councilmember Horak requested additional information regarding the sub -committee meetings.
Deputy City Manager Jones replied her understanding is those meetings are not open for public
attendance or public comment.
Councilmember Horak requested that correspondence be sent to CSU regarding these concerns.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the February 7, 2012, Regular Meeting.
7. Second Reading of Ordinance No. 015, 2012, Appropriating Unanticipated Grant Revenue
in the Transportation Services Fund for the Acquisition of New Traffic Signal System
Software.
This Ordinance, unanimously adopted on First Reading on February 21, 2012, appropriates
a S248,000 Federal Congestion Mitigation Air Quality grant awarded to the City's Traffic
Operations Department to procure and install new traffic signal system software to replace
existing software in the City's Traffic Operations Center and in traffic signal controllers at
intersections throughout the City. The current software is aging and the vendor has
discontinued support. Updating the system software provides the ability to utilize new
technologies that were not available previously. The installation process will be done in
phases and the old software will be retired, once full conversion is completed.
8. Second Reading_of Ordinance No. 016, 2012, Appropriating Unanticipated Grant Revenue
in the Capital Projects Fund and Appropriating Prior Year Reserves and Authorizing the
Transfer of Existing ppropriations in the Keep Fort Collins Great Fund for the North
College Improvements Project - Conifer Street to Willox Lane.
The North Front Range Metropolitan Planning Organization has awarded the City of Fort
Collins $2,039,000 in federal funds to design improvements, and begin rights -of -way
acquisition along North College Avenue between Conifer Street and Willox Lane. This
Ordinance, unanimously adopted on First Reading on February 21; 2012, appropriates fiscal
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year 2012 federal. funds into the Capital Project Fund for use on the North College
Improvements Project — Conifer to Willox. Keep Fort Collins Great funds are intended to
be used as the local funds required for the project as per the intergovernmental agreement
with CDOT. This project is one of the highest ranked roadway projects in the City's Capital
Improvements Plan.
9. Second Reading of Ordinance No. 017, 2012, Appropriating Unanticipated Grant Revenue
in the Capital Projects Fund for the City Bridge Program Project.
The City has been awarded a grant in the amount of $552,000 in federal funds from the
Colorado Off -System Bridge Program. This Ordinance, unanimously adopted on First
Reading on February 21, 2012, appropriates funds for the replacement of the structurally
deficient Bryan Avenue Bridge over the Larimer County Canal No. 2, located just north of
Poudre Fire Authority Fire (PFA) Station 2 by City Park.
10. First Reading of Ordinance No. 018, 2012, Establishing Rental Rates and Delivery Charges
for the City's Raw Water for the 2012 Irrigation Season.
This Ordinance approves rates for the rental and delivery of the City's raw water supplies.
The Water Utility uses these rates to assess charges for agricultural use, for various
contractual raw water obligations and for raw water deliveries to other City departments.
The proposed rate for each type of water is based on several factors including market
conditions and assessments charged by irrigation companies.
11. First Reading of Ordinance No. 019, 2012, Amending Chapter 26 of the City Code to Revise
the Manner in Which Carnage Houses May Obtain Water and Sewer Service.
The City's Land Use Code allows carriage houses to be constructed at the rear of lots in
certain zoning districts. The City Code currently requires that such buildings have separate
water and sewer services connecting to City water mains and sanitary sewers. This
requirement frequently stops the carriage house projects due to construction constraints and
cost considerations. The proposed change in the City Code would provide an option to
connect the water and sewer services to the primary residence at the front of the lot with
certain limitations.
12. First Reading of Ordinance No. 020, 2012, Authorizing the Conveyance of City Property to
PS Poudre River, LLC.
In 2005, the City constructed the Oxbow Levee on the Cache La Poudre River to reduce
flooding risk and damages to a section of the City of Fort Collins located north and east of
the river known as the Buckingham neighborhood. The Oxbow Levee is located between
Linden Street and Lincoln Avenue. The City of Fort Collins Stormwater Master Planning
and Floodplain Administration Division completed (in conjunction with its engineering
consultants) and submitted a levee certification analysis to the Federal Emergency
Management Agency (FEMA). FEMA determined that the levee certification
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documentation was in order and accredited the levee and associated flood insurance rate
maps that depict the floodplain areas as protected from.the base regulatory. (100-Year) flood.
The City then pursued inclusion of the levee into the United States Army Corps of Engineers
(USACE) levee maintenance program. The benefits of inclusion in this program are:
1. the USACE can assist with flood fighting efforts during flood events; and,
2. qualifying damages will be repaired by the federal government at 80 percent federal
/ 20 percent local cost share.
The levee has been reviewed by the USACE and it has been determined that additional land
in the form of an access and maintenance easement is needed from the adjacent property
owner PS Poudre River, LLC. During discussions regarding the needed easement, PS
Poudre River, LLC voiced concerns regarding granting the maintenance and access easement
since this reduces the developable portion of its property. In an effort to reach a mutually
satisfactory solution, the property owner proposed the City grant a small remnant parcel
located adjacent to and east of the Oxbow Levee in exchange for the needed access and
maintenance easement. The Stormwater Master Planning and Floodplain Administration
Division has identified that the proposed remnant parcel is no longer needed for flood
control purposes. The property owner has agreed to a provision that the City remnant parcel
property will be conveyed subject to a deed restriction limiting the property to natural
landscape or trail uses only.
13. First Reading of Ordinance No. 021, 2012, Authorizing the Lease of City -Owned Property
at 1506B West Horsetooth Road for Up to Five Years.
The City acquired the property located at 1506 West Horsetooth Road as part of the
Affordable Housing Land Bank Program in 2003. Total acreage of this property is 8.3 acres
of development land. Currently, this site has one single-family residence, one building with
an efficiency apartment and garage, and horse facilities. The lease for 1506B West
Horsetooth Road will be for the efficiency apartment.
14. Resolution 2012-014 Ratifying the Reappointment ofMichael Liggett and the Appointments
of John Frey and Kipp Lyons to the Poudre River Public Library District Board of Trustees.
Resolution 2007-026 ratified the initial appointments to the Library Board of Trustees on
March 6, 2007. Seven Trustees were appointed to the Board with initial terms ranging from
1 to 5 years. The initial term of Trustee Michael Liggett expires on March 6, 2012, and he
has expressed a desire to serve another term. The initial term of Mary Robertson (Atchison)
also expires March 6, 2012 and she has not expressed a desire to be reappointed. John
Knezovich's initial term expired on March 6, 2008 and Resolution 2008-027 reappointed
Trustee Knezovich fora second term which expires on March 6, 2012. According to the
Bylaws of the Library Board of Trustees Boardmembers are limited to two terms so Trustee
Knezovich is not eligible to reapply.
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The Library Trustee Selection Committee, comprised of Mayor Karen Weitkunat and
Councilmember Lisa Poppaw and Larimer County Commissioners Lew Gaiter and Steve
Johnson, unanimously recommends the reappointment of Michael Liggett to the Library
Board of Trustees for a four-year term and the appointments of John Frey and Kipp Lyons
for four-year terms.
15. Resolution 2012-015 Approvingthe he Appointment of Rita Harris as Interim City Clerk.
This Resolution appoints Chief. Deputy City Clerk Rita Harris as Interim City Clerk,
following the resignation of City Clerk Wanda Krajicek.
***END CONSENT***
Ordinances on Second Reading were read by title by Interim City Clerk Harris.
7. Second Reading of Ordinance No. 015, 2012, Appropriating Unanticipated Grant Revenue
in the Transportation Services Fund for the Acquisition of New Traffic Signal System
Software.
8'. Second Reading of Ordinance No. 016, 2012, Appropriating Unanticipated Grant Revenue
in the Capital Projects Fund and Appropriating Prior Year Reserves and Authorizing the
Transfer of Existing Appropriations in the Keep Fort Collins Great Fund for the North
College Improvements Project - Conifer Street to Willox Lane.
9. Second Reading of Ordinance No. 017, 2012, Appropriating Unanticipated Grant Revenue
in the Capital Projects Fund for the City Bridge Program Project.
Ordinances on First Reading were read by title by Interim City Clerk Harris.
10. First Reading of Ordinance No. 018, 2012, Establishing Rental Rates and Delivery Charges
for the City's Raw Water for the 2012 Irrigation Season.
11. First Reading of Ordinance No. 019, 2012, Amending Chapter 26 of the City Code to Revise
the Manner in Which Carriage Houses May Obtain Water and Sewer Service.
12. First -Reading of Ordinance No. 020, 2012, Authorizing the Conveyance of City Property to
PS Poudre River, LLC.
13. First Reading of Ordinance No. 021, 2012, Authorizing the Lease of City -Owned Property
at 1506B West Horsetooth Road for Up to Five Years.
20. First Reading of Ordinance No. 022, 2012, Amending Section 26-464 of the City Code to
Establish a Medical Discount Program for Electric Customers.
March 6, 2012
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and
approve all items not withdrawn from the Consent Calendar. Yeas: Weitkunat, Manvel, Kottwitz,
Poppaw, Ohlson and Horak. Nays: none.
THE MOTION CARRIED.
Staff Reports
Deputy City Manager Jones noted Rita Harris has been appointed the Interim City Clerk. She
thanked Ms. Harris and the Clerk's Office for its work to make the transition seamless. She stated
the City Clerk position has been posted and the national search will be open for most of March.
Helen Migchelbrink, City Engineer, provided an update on the North College Avenue
improvements. Rick Richter, Engineering and Capital Projects Manager, discussed the road design
and construction details. He stated the project is set to be completed at the end of 2012 and the total
project budget is just under $11.2 million.
Mayor Pro Tem Ohlson asked about the construction cost for the section of roadway in the planning
stage. Richter replied that section has an estimated budget of about $11.8 million.
Mayor Pro Tem Ohlson asked about the gap in funding. Migchelbrink replied the gap is about $9.5
million.
Councilmember Horak asked if the Keep Fort Collins Great funds have been programmed for the
next four years in the estimated transportation budget. Migchelbrink replied in the negative but
stated staff is looking at options.
Deputy City Manager Jones added that a series of priorities will be put together for transportation
projects, which will then be discussed with Council to determine gap levels and where funding will
be placed.
Councilmember Reports
Councilmember Horak stated Brian Moeck, General Manager of Platte River Power Authority,
resigned and a request for proposal for a headhunter went out. He discussed a meeting held with
the neighbors of the Pine Ridge Natural Area regarding the power line installation. A meeting was
held in Loveland regarding the Highway 287 corridor to examine the formation of a coalition to
attempt to better coordinate transportation needs. He has been appointed to the National League of
Cities Energy and Environment Natural Resources Steering Committee and Policy Committee.
Mayor Weitkunat stated the National League of Cities meeting will be held in Washington D. C.
next week.
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March 6, 2012
Ordinance No. 022, 2012,
Amending Section 26-464 of the City Code to Establish a Medical
Discount Program for Electric Customers, Postponed Indefinitely
The following is staff's memorandum for this item.
"EXECUTIVE SUMMARY
The medical life support discount program is a new program which is targeted at customers who
are in the tiered residential electric rate class and who have electric medical equipment in their
homes. There are three eligibility requirements for participation in the program: (1) a household
income ceiling, (2) an affidavit from a physician that affirms the listed equipment is approved by
Medicare and medically necessary, and (3) a lawful presence affidavit.
BACKGROUND /DISCUSSION
On December 6, 2011, City Council adopted Ordinance No. 166, 2011, increasing the residential
class electric rates, effective February 1, 2012. The new rates incorporated two significant changes
to the rate structure. First, the rate structure was changed to reflect the new seasonal purchase
power charges from Platte River Power Authority. Second, in order to better align the rate
structure with the conservation values of the City, the rate structure was changed to a 3-tiered
inclining block rate structure. In the discussion before the vote to adopt the ordinance, City Council
directed Fort Collins Utilities to develop a medical life support discount program so as not to
impose any additional economic hardship on those customers who may have sufficient monthly
energy usage to have some of that energy fall into the second or third tiers. The medical life support
discount program is the result.
Initial research indicated there are a number of discount programs related to alleviating potential
hardship on customersfaced with medical issues around the country. Comparisons oftheprograms
in the western United States served as a basis for the development of this program. While the
energy usage equivalent of the discount varied by program and was generally higher than the 150
kWh in the proposed program, staff believes this is an adequate level for the medical devices that
are approved by Medicare. The comparison showed monthly discounts between $5 and $17 across
the programs, with this proposed program providing a $12 discount to a qualifying customer per
month.
In determining a reasonable household income ceiling, the Area Median Income (AMI) used by the
Federal Housing Authority provided an independent source of income information based on the
number of people in a household. The AMI is specifically formulated for Larimer County and
factors in local cost of living. Without more detailed information than the median income, it was
necessary to take some portion of this AMI as the program is designed to help those customers who
will see the rate increase as a substantial economic hardship. The income table included in the
application shows the income ceiling as 60% of the Larimer County AMI. The affidavit from a
physician verifies the need for a Medicare -approved medical device. The lawful presence affidavit
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is required by Colorado state law because participation in the program is considered a local public
benefit.
FINANCIAL /ECONOMIC IMPACTS
It is estimated that there will be fewer than ISO residential accounts enrolled in this program
annually. Assuming 150 households are enrolled, the total annual revenue being lost as a result of
this program is not expected to exceed $25, 000. This revenue shortfall will be accommodated within
the Light and Powerreserves until the next cost of service study.
While it is hard to estimate the economic impacts of a new program, this program is not increasing
electric rates for customers and is providing a reduction for the eligible customers. Thus, it is not
expected that this program will have any substantial economic impact on the community as a whole
but it will provide some relief for customers participating in the program. It is expected that the
savings seen by these customers will be spent elsewhere within the local community.
ENVIRONMENTAL IMPACTS
This program does not have any foreseeable negative environmental impacts. This program in
conjunction with the new tiered rate structure has the potential to help customers be more aware
of their personal energy usage and may be an opportunity in the future to expand on energy
efficiency education programs. "
Lance Smith, Utilities Strategic Financial Planning Manager, stated this item is a direct result of
concerns expressed by citizens and Council following the discussion of tiered rate implementation.
This program is designed to eliminate undue medical burdens on citizens who use some type of
durable medical equipment in their household. The program provides a 30% discount on electric
usage charges for the first 500 kilowatt hours and has three eligibility requirements: a household
income ceiling, a physician affidavit, and a citizen residency affidavit.,
Councilmember Kottwitz noted there is a difference between medical life support and quality of life
issues. She also expressed concern with the income ceiling and asked why the only approved
.equipment is the equipment approved my Medicare. Smith replied the intent of the program does
not put a limitation on the durable medical equipment as being necessary for life support, but it does
ask the physician to provide a Medicare code for the equipment; however, it does not require the
individual or another household member to be on Medicare or Medicaid. It is anticipated that about
100 residents will be eligible, at an annual cost of less than $150 each. Citizens are being asked to
look at their household income to determine if it meets or is less than a certain threshold. Examining
debt to income ratios or requiring tax returns will increase the administrative costs, which was not
the original intent. Medicare must consider equipment to be durable medical equipment; for
example, air conditioners would not be included.
Councilmember Kottwitz asked if any medical experts were consulted regarding this program.
Smith replied in the negative, but stated other programs involving this type of discount in the state
were examined.
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March 6, 2012
Angela Condit, 1709 Welch Street, Senior Advisory Boardmember, supported the program but
requested devices not be limited.
Dolores Kueffler, 1525 Riverside Avenue, National Multiple Sclerosis Society, stated a broader
definition of medical exceptions needs to be put in place. She suggested certain medical conditions
require climate control devices.
Eric Sutherland, 3520 Golden Currant, stated the issue needs a larger, more in-depth conversation.
Councilmember Poppaw stated, though this program is generally a good idea, it may not be quite
ready. She asked about the basis for the program structure. Smith replied the program was
developed based on citizen and Council concerns and noted other municipalities' programs were
examined.
Councilmember Poppaw suggested involving medical professionals in developing elements of the
program.
Councilmember Manvel commended the simplicity and objectivity of the proposal.
Mayor Weitkunat questioned the goal of the program.
Councilmember Horak noted the major rate increase is due to the seasonality rate imposed by Platte
River Power Authority and stated the tiered rates do not provide as large an impact as does the pass -
through of the Platte River increase.
Mayor Weitkunat clarified the program should balance the need for medical support with the need
to have assistance based on income, and the need should be legally validated.
Councilmember Kottwitz proposed delaying the item for two weeks or more for additional research
regarding community medical needs.
Councilmember Honk noted the Ordinance is broadly worded and suggested moving forward with
the Ordinance and providing options for the program.
Councilmember Poppaw agreed with Councilmember Horak but stated she would not support the
Ordinance on Second Reading without involvement from the medical community. Smith replied
staff is open to exploring options.
Councilmember Horak suggested the development of options for the public and Council
consideration.
Councilmember Poppaw questioned whether or not the item should move forward on First Reading.
Councilmember Kottwitz asked Councilmember Horak about his concerns regarding delaying the
item. Councilmember Horak stated the item could be delayed either now or prior to Second
Reading, given the Ordinance language is not likely to change substantially.
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March 6, 2012
Mayor Pro Tem Ohlson supported delaying the item for additional support and research. He
opposed making the regulations of the program so broad it could possibly be undermined. He
suggested random audits of self -reported income levels and supported the possibility of including
more specifics in the Ordinance. Smith replied the Ordinance should not be written so as to possibly
exclude the most recent medical equipment and diagnoses.
Councilmember Poppaw asked if there would be any issues with delaying First Reading of the
Ordinance and if Ordinance language should be expanded. City Attorney Roy replied some
additional notice expense will be incurred if the Ordinance is not f nalized within thirty days. He
stated the Ordinance is intentionally broad and stated the details can be included in administrative
regulations. He stated changes can be made between First and Second Reading.
Councilmember Kottwitz expressed concern regarding making major changes between First and
Second Reading._
Councilmember Kottwitz made a motion, seconded by Councilmember Poppaw, to postpone
Ordinance No. 022, 2012, to a later date at the discretion of the City Manager.
Councilmember Manvel stated the finances should be an important consideration and commended
staff on its work.
Councilmember Horak commended staff and noted an audit system has already been proposed. He
stated the item needs to come back before Council in April in order to allow it to go into effect in
May.
Mayor Weitkunat stated there are organizations and groups in the community which will be able to
aid staff in developing options.
Councilmember Kottwitz agreed with Councilmember Manvel regarding the fiscal aspects of the .
program and stated she would like the program to be refined for the people who need it the most.
She stated she hoped Fort Collins could be an innovative leader in this type of program. She
recommended staff speak with neurologists and pulmonologists as well as Respite Care, medical
social workers, and United Way.
Councilmember Poppaw suggested staff consult Disabled Resource Services and an allergist or ear,
nose, and throat doctor.
Mayor Pro Tern Ohlson suggested the Energy Board provide: comments regarding the program.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Poppaw, Ohlson and
Horak. Nays: none.
THE MOTION CARRIED.
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Ordinance No. 016, 2012,
Appropriating Unanticipated Grant Revenue in the Capital Projects Fund and
Appropriating Prior Year Reserves and Authorizing the Transfer of Existing
Appropriations in the Keep Fort Collins Great Fund for the North College.
Improvements Project - Conifer Street to Willox Lane. Adopted on Second Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
The North Front Range Metropolitan Planning Organization has awarded the City of Fort Collins
$2,039,000 in federal funds to design improvements, and begin rights -of -way acquisition along
North College Avenue between Conifer Street and Willox Lane. This Ordinance, unanimously
adopted on First Reading on February 21, 2012, appropriates fiscal year 2012 federal funds into
the Capital Project Fund for use on the North College Improvements Project — Conifer to Willox.
Keep Fort Collins Great funds are intended to be used as the local funds required for the project
as per the intergovernmental agreement with CDOT. This project is one of the highest ranked
roadway projects in the City's Capital Improvements Plan. "
Eric Sutherland, 3520 Golden Currant, questioned the RMI2 building loan.
Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 016, 2012, on Second Reading. Yeas: Weitkunat, Manvel, Kottwitz, Poppaw, Ohlson and
Horak. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 7:47 p.m.
ATTEST:
X* Nwy
Interim City Clerk
Adjournment
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