HomeMy WebLinkAboutMINUTES-12/06/2011-RegularDecember 6, 2011
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, December 6,
2011, 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, Troxell
and Weikunat.
Staff Members Present: Atteberry, Krajicek, Daggett.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
Citizen Participation
Shane Miller, 4325 Mill Creek, objected to the Public Participation Rule of Procedure changes.
Justin Smith, Larimer County Sheriff, spoke on behalf of Concerned Citizens of Fort Collins and
discussed the state medical marijuana regulations.
Dawn Danini, Team Fort Collins, expressed concern about the use of medical marijuana.
Gary Young, Street Media, supported larger "wrap" advertising on Transfort buses.
Mark Wanger, 2948 Silverwood, asked about electric demand rates.
Jennifer Reish, Fort Collins resident, discussed relocation costs for Bender Mobile Home Park
residents and encouraged additional support for the residents.
Willow Fitzgerald, Fort Collins resident, encouraged additional support for the Bender Mobile
Home Park residents.
Rana Charlet, 2276 South Colorado Avenue, Loveland, Occupy Northern Colorado member, stated
the organization's members will be attending local government meetings and will be volunteering
throughout the community.
Rich Chrisler, Occupy Northern Colorado member, discussed the vision of the organization's
members.
December 6, 2011
David Palmer,3017 Parkview Court, encouraged additional support for the Bender Mobile Home
Park residents.
Lauren (no last name given), Fort Collins resident, encouraged additional support for the Bender
Mobile home Park residents.
Debra Goodsen, 2025 North College Avenue, former resident of the Bender Mobile Home Park,
discussed the costs her family incurred to move and requested the City's assistance with those costs.
Cheryl Distaso, 135 South Sunset, Fort Collins Community Action Network, encouraged additional
support for the Bender Mobile Home Park residents.
Nancy York, 130 South Whitcomb, discussed Larimer County foreclosure rates and housing costs
and encouraged additional support for the Bender Mobile Home Park residents.
David Bell, 1909 Sequoia Street, encouraged additional support for the Bender Mobile Home Park
residents.
Ray Martinez, 4121 Stoneridge Court, Concerned Citizens of Fort Collins, supported police
oversight of full closure of all medical marijuana facilities by February 14, 2012.
Citizen Participation Follow-up
City Manager Atteberry stated the medical marijuana facility closure discussion is scheduled for
next week's work session.
Councilmember Horak requested an update on the Bender Mobile Home Park. Karen Cumbo,
Director of Planning, Development, and Transportation Services, stated staff is continuing to work
with Larimer County, Neighbor to Neighbor, and other agencies to identify resources and
procedures to address the situation. Council will be considering financial assistance at its December
20 meeting.
Councilmember Troxell thanked the members of Concerned Citizens of Fort Collins who spoke.
Mayor Pro Tem Ohlson asked for clarification regarding changes to the Public Participation portion
of Council meetings. City Manager Atteberry clarified there have been no changes other than
disallowing speaking relating to quasi-judicial land use issues.
Mayor Pro Tem Ohlson stated the City will do its part with respect to the Bender Mobile Home Park
residents, despite the fact that the property is in the County. He stated the electric rate structure has
built-in solutions for homes with all electric heat.
Mayor Pro Tem Ohlson asked that Public Participation policies be discussed at some point in the
near future. City Manager Atteberry replied the item should be discussed in early 2012.
.5
December 6, 2011
Councilmember Horak requested a long term policy for relocation of the Bender Mobile Home Park
residents be discussed at the December 20 meeting.
Councilmember Horak requested a discussion regarding the Transfort advertising proposal. City
Manager Atteberry stated his understanding is there has been little Council interest in pursuing
additional advertising on the exterior of City buses.
Councilmembers Troxell and Kottwitz supported examining the idea of additional advertising.
Mayor Pro Tern Ohlson opposed commercialization and clutter of public spaces and stated he would
support Transfort budget reductions should the additional advertising become a reality.
Councilmember Horak and Mayor Weitkunat supported examining the idea ofadditional advertising
during the budget process.
Councilmember Poppaw stated Council already had a discussion about additional advertising and
suggested the discussion be part of the overall 2013-2014 budget discussion.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the November 9, 2011 Adjourned Meeting
and the November 15, 2011, Regular Meeting.
Hearing and Second Reading of Ordinance No. 152, 2011, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Courtney Annexation to the City of Fort Collins.
This property contains 3.13 acres located east of Ziegler Road and south of East Horsetooth
Road and was annexed on November 15, 2011. The property is Lot 3 of the Strobel M.R.D.
and is addressed as 3256 Nite Court, which is at the east end of Charlie Lane. The property
is developed and is in the FA1 - Farming District in Larimer County. Ordinance No. 152,
2011, unanimously adopted on First Reading on November 15, 2011, places this annexation
in the UE — Urban Estate Zoning District.
Hearing and Second Reading of Ordinance No. 154, 2011, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Leistikow Annexation to the City of Fort Collins.
The parcel is 18.04 acres located east of Timberline Road and south of Trilby Road and was
annexed on November 15, 2011. The property is a portion of the Leistikow Amended Minor
Residential Division as approved in Larimer County and addressed as 6732 South
Timberline Road. Ordinance No. 154, 2011, unanimously adopted on First Reading on
November 15, 2011, places the property in the U-E, Urban Estate Zone District, in
conformance with the City's Structure Plan Map and the Fossil Creek Reservoir Area Plan.
170
December 6, 2011
9. Second Reading of Ordinance No. 157, 2011, Appropriating Unanticipated Grant Revenue
in the General Fund for the Natural Resources Radon Program and Authorizing the Transfer
of Funds Previously ppropriated in the Natural Resources Operating Budget.
This Ordinance, unanimously adopted on First Reading on November 15, 2011, appropriates
$11,725 that has been granted by Colorado Department of Health and Environment. It also
transfers a matching amount of $11,725 from the 2011 General Fund and combine these
funds in a Radon Program account. The Program will carry out radon risk -reduction
activities identified in the current City Budget.
10. Second Reading of Ordinance No. 158, 2011, Appropriating Unanticipated Grant Revenue
in the General Fund for Police Services' Restorative Justice Program and for the Transfer
of Funds Previously Appropriated in the Police Services Project Budget.
Ordinance No. 158; 2011, unanimously adopted on First Reading on November 15, 2011,
appropriates a grant in the amount of $30,000 from the Juvenile Accountability Incentive
Block Grants fund for salaries associated with the continued operation of Restorative Justice
Services, which includes the RESTORE program for shoplifting offenses, and the
Restorative Justice Conferencing Program for all other offenses. An $3,333 cash match is
required and will be met by appropriating funds from the police operating budget designated
for Restorative Justice Services.
11. Second Reading_ of Ordinance No. 159, 2011, Appropriating Prior Year Reserves in the
General Fund for Transfer to Various City Funds for Tree and Branch Cleanup Expenses.
Due to the snowstorm on October 25 and 26, 2011, the City has incurred unanticipated costs
associated with the tree and branch cleanup. This Ordinance, unanimously adopted on First
Reading on November 15, 2011, appropriates the incremental costs (direct costs) associated
with the cleanup effort but not covered in the operating budget. This includes personnel
overtime and planned "work for other departments" costs that cannot be recouped, as well
as other incremental costs associated with contractors, equipment rental, fuel, etc., that are
uniquely and directly related to the snowstorm cleanup.
12. Second Reading of Ordinance No. 160, 2011, Amending Chapter 7.5 of the City Code to
Increase the Amounts of the Capital Improvement Expansion Fees So as to Reflect Inflation
in Associated Costs of Services.
The City Code provides for automatic annual adjustments to the capital improvement
expansion fees and the neighborhood parkland fee based on an inflation index (CPI). Also,
to account for rising construction costs, the City adjusts the street oversizing fees to reflect
changes posted in the Engineering News Record (ENR). The CPI has increased 3.8% and
the ENR has increased 7.55%. This Ordinance was unanimously adopted on First Reading
on November 15, 2011.
171
December 6, 2011
13. Public Hearing and Second Reading of Ordinance No. 161, 2011, Amending Chapter 26 of
the City Code Relating To Utility Connection Fees And Miscellaneous Charges.
This Ordinance, unanimously adopted on First Reading on November 15, 2011, increases
the after-hours service connection fees from $46.00 to $85.35 for customers who request
utility connection after normal business hours. It also establishes a trip charge of $19.65 for
special requests during normal business hours.
The Ordinance establishes a monthly meter reading charge of $11.00 for those customers
who opt out of the Advanced Meter Fort Collins program. The fee recovers additional costs
incurred by the Utilities for a manual meter reading once the advanced metering
infrastructure is in place.
14. Second Reading of Ordinance No. 162, 2011, Amending the Land Use Code Related to the
Point of Measurement for the Establishment of Buffer Zones for Streams.
This Ordinance, unanimously adopted on First Reading on November 15, 2011, amends the
Land Use Code, Section 3.4.1(E), that identifies where the . buffer zone should begin
regarding rivers, streams, and irrigation ditches. The proposed revision addresses the current
requirement that this point of measurement be from "bankfull discharge." Instead, the term
"top of bank" is recommended as the most appropriate term for this point of measurement.
15. Items Relating to Stormwater, Water and Wastewater Development Construction Standards.
A. Second Reading of Ordinance No. 163, 2011, Amending Chapter 26 of the City
Code to Establish and Provide for Technical Revision of Water Utilities
Development Construction Standards for the Water, Wastewater and Stormwater
Utilities.
B. Second Reading of Ordinance No. 164, 2011, Adopting Water Utilities
Development Construction Standards for the Water, Wastewater and Stormwater
Utilities.
Fort Collins Utilities maintains construction standards adopted by City Council for
stormwater, water and wastewater improvements installed within new residential and
commercial developments within the respective City service areas. These standards require
the use of specific materials, methods and products to insure uniformity within the systems
and to standardize various components. These Ordinances, unanimously adopted on First
Reading on November 15, 2011, combine these standards into a unified document that is
more convenient for engineers and contractors to use and more easily updated in the future.
The definition of Water Utilities Development Construction Standards and the provision
relating to technical revisions have been amended in Ordinance No. 163, 2011, to provide
consistency in language used under similar circumstances.
172
December 6, 2011
16. Second Reading of Ordinance No. 165, 2011, Designating the MacDonald/Cooke House and
Detached Garage, 424 West Olive Street, as a Fort Collins Landmark Pursuant to Chapter
14 of the City Code.
This Ordinance, unanimously adopted on First Reading on November 15, 2011, designates
the MacDonald/Cooke House and Detached Garage, located at 424 West Olive Street as a
Fort Collins Landmark. The owners of the property, Brian Cooke and Lisa Viviani, are
initiating this request.
17. First Reading of Ordinance No. 168, 2011, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Project.
This Ordinance appropriates unanticipated revenue of $163,068 from the Discovery Science
Center ($160,625) and LaFarge ($2,443) for the Museum Exhibit Capital Project.
18. Items Relating to Bobcat Ridge Natural Area.
A. First Reading of Ordinance No. 169, 2011, Authorizing the City Manager to Enter
into a Grant Contract with History Colorado, the Colorado. Historical Society for
Funds to Restore Two Historic Structures at Bobcat Ridge Natural Area.
B. First Reading of Ordinance No. 170, 2011, Appropriating Unanticipated Revenue in
the Natural Areas Fund Project to Restore Two Historic Structures at Bobcat Ridge
Natural Area.
The State of Colorado awarded the City a grant of $93,392 from the State Historical Fund
to fund 75% of the estimated cost of $124,523 to restore two historic structures at Bobcat
Ridge Natural Area: the 1888 pioneer barn and log chicken house. To accept the grant and
proceed with the project the City must enter into a contract with History Colorado. The
contract requires a twenty-year covenant on the property surrounding the barn and chicken
shed, which states that the City will agree. to maintain the buildings, once restored, for
twenty years and will not alter anything on the property without express written permission
of History Colorado.
The City also received a $24,000 grant from the Pulliam Charitable Trust to provide most
of the 25% in funds necessary to match the funds received from the State. Natural Areas
Program funds will be used to fund the remaining $7,131 necessary to fully fund the project.
19. First Reading of Ordinance No. 171, 2011, Appropriating Unanticipated Grant Revenue in
the General Fund for the Exterior Rehabilitation of the Seckner Brothers Buildingat t 216
Linden Street.
This Ordinance appropriates unanticipated revenue in the amount of $73,890 for the exterior
facade rehabilitation of the Seckner Brothers Building, 216 Linden Street. The City was
awarded a State Historical Fund grant in the amount of $35,000. Matching funds totaling
173
December 6, 2011
$36,890 are provided by the Downtown Development Authority ($25,890), a City -funded
Zero -Interest Loan ($6,100) and the remainder by the building's owners, Irwin and Judith
Winterowd. The City will only be responsible for administering the grant, which will be
carried out by Community Development and Neighborhood Services staff. Staff time
allocated to administration will be reimbursed by the grant.
20. First Reading of Ordinance No. 172 2011 Adopting the 2012 Classified Employees' Pay
Plan.
The City of Fort Collins 2012 Pay Plan establishes a pay range structure for employee
compensation. It is the framework that sets the minimum and maximum pay for City
positions. The methodology used by the City is based on compensation best practices. The
2012 Pay Plan uses average actual salary data collected from public and private sector
markets for benchmark positions to determine pay range midpoints within occupational
groups. Ranges for non -benchmark jobs are established using a point factor system that is
calibrated against the benchmark jobs.
21. First Reading of Ordinance No. 173 2011 Amending the City Code Concerning the
Issuance of Special Event Permits by the Local Licensing Authority.
Legislators passed Senate Bill 11-066, which authorizes a local licensing authority to issue
special event permits to qualifying organizations and political candidates without sending
the application to the state authority for approval. The proposed amendments to the City
Code will authorize the focal licensing authority to approve special event permit applications
locally without obtaining state approval as allowed under Senate Bill 11-066. Additionally,
there is a proposed increase of $25 in the local application fee to help defray some of the
costs associated with the local application process, which generally exceed the proposed fee
of $50 per day of permitted event.
22. Public Hearing and First Reading of Ordinance No. 174, 2011, Amending Chapter 26 of the
City Code to Admit and Provide for Technical Revision of the Fort Collins Stormwater
Criteria Manual.
The Stormwater Repurposing effort was initiated+at a City Council work session in October
2008. The intent of this effort. was to review the City's stormwater program in its entirety,
and explore new or reformed methods of water quality and quantity management in each of
the City's stormwater basins. The program review was broken down into 14. categories, with
one specifically identifying the need to update the Stormwater Criteria Manual. Adoption
of the Urban Drainage and Flood Control District (UDFCD) Criteria Manual will set the
standard for the City of Fort Collins. Exception language that identifies key aspects specific
to the City will be adopted into the City Code concurrently with this action.
174
December 6, 2011
23. First Reading of Ordinance No. 175, 2011, Desi ng ating the Bartlett/Goeke House and
Attached Garage, 160 Yale Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of
the City Code.
The owner of the property, Judith Goeke, is initiating this request for Fort Collins Landmark
designation for the Bartlett/Goeke House and Attached Garage at 160 Yale Avenue. The
residence is eligible for designation as a Landmark under Designation Standard 3, for its
architectural significance to Fort Collins. A 1950s Split -Level home, it is a early example
of this housing type within Fort Collins, and exhibits a high level of physical integrity
relative to the seven aspects of integrity: location, setting, design, materials, workmanship,
association, and feeling.
24. First Reading of Ordinance No. 176, 2011, Designating the Chestnut/ Wombacher
Residence, Attached Three -Car Garage, and Historic Freestanding Fireplace, 331 South
Shields Street/1200 West Mawiolia Street, as Fort Collins Landmarks Pursuant to Chapter
14 of the City Code.
The Chestnut/Wombacher Property, at 331 South Shields Street, is eligible for designation .
as a Fort Collins Landmark under Standard 3, for its architectural significance to Fort
Collins. The house and attached three -car garage embody distinctive characteristics of the
Tudor Revival style, prevalent in the 1920s and 1930s. Notable features include the stucco
exterior, with randomly placed decorative large rock; the large chimney; steep, multi -gabled
roof lines; a classic sloped gable or "cat -slide" entryway; and two and three light casement
windows. The house contains two separate apartments in the basement. The property also
contains a freestanding historic brick and stone fireplace, dating to the period of
construction.
25. First Reading of Ordinance No. 177, 2011, Designatinga the Lewis and Mae Tiley/Joanne F.
Gallagher Residence and Attached Garage, 2500 South College Avenue, as a Fort Collins
Landmark Pursuant to Chapter 14 of the City Code.
The owner of the property, Joanne Gallagher, is initiating this request for Fort Collins
Landmark designation for the Lewis and Mae Tiley/Joanne F. Gallagher Residence and
Attached Garage, at 2500 South College Avenue. The residence with attached garage is
significant under Designation Standard (2) for its association with Mae, Lewis, and Bill
Tiley, Fort Collins developers who platted and developed several post -World War I1
residential subdivisions, including the South College Heights subdivision where this
property is located; and under Designation Standard (3), as an architecturally significant
example of a mid-1950s Ranch type home. This property retains a very high level of
integrity relative to the seven aspects of integrity: location, setting, design, materials,
workmanship, association, and feeling.
175
December 6, 2071
26. Resolution 2011-104 Adopting the Annual Revenue Allocation Formula to Define the City
of Fort Collins' Contribution to the Poudre Fire Authority Budget for the Year 2012 for
Operations and Maintenance
This Resolution establishes a Revenue Allocation Formula between the City of Fort Collins
and the Poudre Fire Authority to contribute funding for operating and maintenance of the
Poudre Fire Authority.
27. Resolution 2011-105 Extending the Time Period for Completion ofthe Annual Performance
Review of the City Attorney.
The City Council has not yet conducted with the 2011 annual performance evaluation of the
City Attorney because the City Attorney has been out on medical leave and temporarily
unavailable. In- order to provide additional latitude for completion of the performance
evaluation process, the Resolution authorizes the Council Leadership Team to work with the
City Attorney to determine an appropriate time for that process to move forward.
28. Resolution 2011-106 Adopting the 2011 Update to the Three Mile Plan for the City of Fort
Collins.
This is the annual update to the Three -Mile Plan for the City of Fort Collins. The Three -Mile
Plan is a policy document that is required to ensure that the City complies with the
regulations of the Colorado Revised Statutes.
29. Resolution 2011-107 Amending the Rules of Procedure Governing the Conduct of City
Council Meetings.
This Resolution amends the rules of procedure that govern the conduct of City Council
meetings by moving consideration of items pulled from the Consent Calendar by a member
of the City Council to earlier in the Order: In addition, the Resolution clarifies the point in
the Order of Business at which items may be pulled off of the Consent Calendar for
individual consideration.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Hearing and Second Reading of Ordinance No. 152, 2011, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Courtney Annexation to the City of Fort Collins.
8. Hearing and Second Reading of Ordinance No. 154, 2011, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Leistikow Annexation to the City of Fort Collins.
176
December 6, 2011
9. Second Reading of Ordinance No. 157, 2011, Appropriating Unanticipated Grant Revenue
in the General Fund for the Natural Resources Radon Program and Authorizing the Transfer
of Funds Previously Appropriated in the Natural Resources Operating Budget.
10. Second Reading of Ordinance No. 158, 2011, Appropriating Unanticipated Grant Revenue
in the General Fund for Police Services' Restorative Justice Program and for the Transfer
of Funds Previously Appropriated in the Police Services Project Budget.
11. Second Reading of Ordinance No. 159, 2011, Appropriating Prior Year Reserves in the
General Fund for Transfer to Various City Funds for Tree and Branch Cleanup Expenses.
12. Second Reading of Ordinance No. 160, 2011, Amending Chapter 7.5 of the City Code to
Increase the Amounts of the Capital Improvement Expansion Fees So as to Reflect Inflation
in Associated Costs of Services.
13. Public Hearing and Second Reading of Ordinance No. 161, 2011, Amending Chapter 26 of
the City Code Relating To Utility Connection Fees•And Miscellaneous Charges.
14. Second Reading of Ordinance No. 162, 2011, Amending the Land Use Code Related to the
Point of Measurement for the Establishment of Buffer Zones for Streams.
15. Items Relating to Stormwater, Water and Wastewater Development Construction Standards.
A. Second Reading of Ordinance No. 163, 2011, Amending Chapter 26 of the City
Code to Establish and Provide for Technical Revision of Water Utilities
Development Construction Standards for the Water, Wastewater and Stormwater
Utilities.
B. Second Reading of Ordinance No. 164, 2011, Adopting Water Utilities
Development Construction Standards for the Water, Wastewater and Stormwater
Utilities.
16. Second Reading of Ordinance No.165, 2011, Designating the MacDonald/Cooke House and
Detached Garage, 424 West Olive Street, as a Fort Collins Landmark Pursuant to Chapter
14 of the City Code.
35. Public Hearing and Second Reading of Ordinance No. 166, 2011, Amending Chapter 26 of
the City Code to Revise Electric Rates, Fees and Charges.
Ordinances on First Reading were read by title by City Clerk Krajicek.
17. First Reading of Ordinance No. 168, 2011, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Project.
177
December 6, 2011
18. Items Relating to Bobcat Ridge Natural Area.
A. First Reading of Ordinance No. 169, 2011, Authorizing the City Manager to Enter
into a Grant Contract with History Colorado, the Colorado Historical Society for
Funds to Restore Two Historic Structures at Bobcat Ridge Natural Area.
B. First Reading of Ordinance No. 170, 2011, Appropriating Unanticipated Revenue in
the Natural Areas Fund Project to Restore Two Historic Structures at Bobcat Ridge
Natural Area.
19. First Reading of Ordinance No. 171, 2011, Appropriating Unanticipated Grant Revenue in
the General Fund for the Exterior Rehabilitation of the Seckner Brothers Building at 216
Linden Street.
20. First Reading of Ordinance No. 172, 2011, Adopting the 2012 Classified Employees' Pay
Plan.
21. First Reading of Ordinance No.. 173, 2011, Amending the City Code Concerning the
Issuance of Special Event Permits by the Local Licensing Authority.
22. Public Hearing and First Reading of Ordinance No. 174, 2011, Amending Chapter 26 of the
City Code to Adopt and Provide for Technical Revision of the Fort Collins Stormwater
Criteria Manual.
23. First Reading of Ordinance No. 175, 2011, Designating the Bartlett/Goeke House and
Attached Garage, 160 Yale Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of
the City Code.
24. First Reading of Ordinance No. 176, 2011, Designating the Chestnut/ Wombacher
Residence, Attached Three -Car Garage, and Historic Freestanding Fireplace, 331 South
Shields Street/1200 West Magnolia Street, as Fort Collins Landmarks Pursuant to Chapter
14 of the City Code.
25. First Reading of Ordinance No. 177, 2011, Designating the Lewis and Mae Tiley/Joanne F.
Gallagher Residence and Attached Garage, 2500 South College Avenue, as a Fort Collins
Landmark Pursuant to Chapter 14 of the City Code.
33. First Reading of Ordinance No. 178, 2011, Amending the Land Use Code Regarding Digital
Signs and Pole Signs.
34. First Reading of Ordinance No. 179,2011, Appropriating Prior Year Reserves in the General
Fund for Transfer to the Transit Services Fund and Appropriating Unanticipated Revenue
in the Transit Services Fund for the Safe Ride Home Weekend Bus Service.
178
December 6, 2011
City Manager Atteberry withdrew from the discussion of the Consent Calendar due to a conflict of
interest.
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Poppaw, to adopt and approve
all items on the Consent Calendar. Yeas: Weitkunat, Manvel, Ohlson, Kottwitz, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Staff Reports
Jim Szakmeister, Police Captain, gave a presentation regarding graffiti in the Fort Collins
community. He discussed gang -related graffiti versus tagging, which is considered an art form.
Wayne Sterler, Utilities Health, Safety and Security Manager, discussed the City's abatement
process, which includes a graffiti hotline and the ability to report incidents on-line, and noted the
number of graffiti incidents has increased dramatically. ,
Szakmeister discussed the tracking procedures and the Police Services graffiti training policies.
Mayor Pro Tern Ohlson asked if incidents and abatements are to become separate tallies.
Szakmeister replied "reports" are incidents reported via the graffiti hotline and "incidents" have
been abated. Graffiti incidents will remain under the "criminal mischief' category but will be
designated specifically as graffiti incidents.
Mayor Pro Tern Ohlson requested a quarterly report on the "iCare" program to aid in determining
its effectiveness. Josh Jones, Management Intern, reported that the program was recently launched
as a means for City employees to report items such as potholes, broken street lights, and graffiti
around town. City Manager Atteberry stated the program will be more widely advertised among
employees in the near future and committed to a quarterly report.
City Manager Atteberry stated the City was recently honored by the American Association of
Marketing and Communication Professionals with the Marketing and Communications Platinum
award for the 2010 Fort Collins Community Scorecard.
Councilmember Reports
Mayor Weitkunat stated she recently attended the Fort Collins Loveland Airport Steering Committee
meeting at which the concept of "wingless flight" was discussed, wherein passengers would be able
to check in at the local airport and be bused to DIA for flights. The Federal Aviation Administration
has stated the Airport is understaffed and internship opportunities will fill that need.
179
December 6, 2011
Ordinance No. 178, 2011,
Amending the Land Use Code Regarding Digital
Signs and Pole Signs. Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
In response to Council feedback, staff has prepared an ordinance amending currentLand Use Code
regulations for digital signs and freestanding pole signs. With respect to digital signs, the
recommended Code changes address such things as brightness, color, design, and location.
Additional design criteria to enhance the appearance of pole signs are also proposed.
:: ��rI;71IIA`N7/�Z�YKI�(1:Y[II�`I
The continuingproliferation ofdigital signs within the community may begin to impact the overall
aesthetic environment. Given these concerns, staffconducted an evaluation of the existing sign code
regulations pertaining to digital signs. Fort Collins has been a leader in regulating signage to
create a visually pleasing urban environment and staff determined that while the current standards
provide a framework for effective regulation, improvements can be made.
A principle of the City's sign code is to protect health, safety, and welfare by regulating the design,
construction, and placement of signs in the city in a manner that provides a reasonable balance
between the right of a business or an individual to identify itself and to convey its message and the
right of the public to a safe and aesthetically pleasing environment.
The City's first comprehensive sign code was adopted in 1971 and required that all signs not in
compliance with the new regulations be made conforming by 1977. Many sign code amendments
have been adopted since 1971, most of them minor in nature. However, major amendments were
adopted in 1994, and because of the comprehensive nature of the changes the City Council allowed
a 15 year amortization period for business owners to bring their signs into compliance. That
amortization period ended in 2009, with numerous businesses electing to replace their previously
existing nonconforming signs with conforming digital signs or conforming pole signs.
At the August 9, 2011 City Council work session, City staff presented an overview of issues
regarding the following:
the adequacy of the City's current sign regulations to address the increasing number of
digital signs in the community now and into the future, and
adding design criteria to improve the aesthetic appearance ofpole signs.
After considering various options at the work session, Council requested staffcome return with an
ordinance for consideration that continues to allow digital signs, but with additional regulations,
and an ordinance that includes additional design criteria for pole signs.
H
December 6, 2011
Digital Signs
Digital signs (signs that display words, symbols, figures or images that can be electronically or
mechanically changed by remote or automatic means) began appearing in Fort Collins in the early
2000s and it was appropriate at that time to consider regulating this form ofsign in the community
to protect the visual welfare of the city. In response, the City adopted a digital sign ordinance in
2006 to regulate the size, brightness, method of display, and color of such signs.
There are approximately 1,500 permitted on premise freestanding signs (signs not attached to a
building) currently in the city. In 2009 at the conclusion of the amortization period, about 40 of the
non -conforming signs were converted to digital signs. This number has doubled to approximately
80, and represents 30% of all new freestanding signs erected since 2009. Looking ahead over the
next twenty years, based upon this rate of increase, many additional signs could be converted to
digital.
To address the anticipated proliferation and the renewed concerns about brightness and aesthetics,
it is appropriate to evaluate this type of sign and its relationship to the economic and aesthetic
environment of Fort Collins now and into the future. Staff believes that the current standards
provide a frameworkfor effective regulation, but improvements can be made that will help to more
effectively balance the right of a business to convey its message with the right of the public to enjoy
an aesthetically pleasing streetscape.
City staff held a series of meetings with stakeholders before and after the August 9, 2011 City
Council work session. These meetings have resulted in a number ofproposed changes to the current
digital sign regulations. Key elements of the changes are:
Brightness levels
The current regulations do not contain specific maximum brightness levels. Theproposed ordinance
requires that automatic dimming software and solar sensors maintain a maximum brightness of 0.3
foot candles over the ambient light conditions at anytime of day or night. The permit application
must contain written certification from the sign manufacturer that the light intensity has been factory
pre-set not to exceed this level. Additionally, something that will be unique to Fort Collins is that
the permit holder and the business manager, business owner, or property manager must be present
at the time the City inspects the sign for compliance. This will offer an opportunityfor City staff to
explain the regulations and how the brightness level will be inspected for future compliance and
enforcement.
Color
Staff believes full -color displays limited to just the logo or 'brand' of the business could be
acceptable given the proposed brightness controls and other proposed regulations. However, the
City Attorney advised staff that only allowing the logo or brand without allowing pictures of
products or other images would be unlawful. Staff believes that allowing full color displays of
products and images that could change as frequently as once per minute would be detrimental;
therefore, staff is recommending that the current full -color ban be kept. Also with regard to color,
181
December 6, 2011
staff is recommending that red should once again be allowed as an acceptable color for
monochrome displays. The proposed brightness controls and tighter pixel spacing for new signs
make red an acceptable color.
• Design criteria
In order to ensure that digital signs do not detract from the aesthetic appearance of streetscapes,
the recommended ordinance requires that an electronic module not exceed 50% of the area of the
sign face, that it is integrally designed as a part of the larger sign face or structure, that it is not the
predominant element or uppermost portion of the sign, and that it is not allowed on a pole sign.
Another significant criterion is that there would be a maximum pixel spacing of 16 mm for all new
digital signs capable of allowing a selection of more than one color (but not more than one color
displayed at a time) and a maximum spacing of 19 mm for signs that are manufactured as
monochrome -only. The industry is moving toward closer pixel spacing and this is a cutting -edge
criteria intended to ensure that future signs will display a sharper image of higher quality. Most
existing digital signs in the City have pixel spacing between 19 mm and 35 mm.
Location and number of signs
The ordinance limits the number of digital signs to not more than one wall sign or one monument
sign per street abutting any property or development, requires that such signs be at least 100 feet
apart, and prohibits them on walls of downtown buildings that are located within the boundaries
of the Portable Sign Placement Area Map (See Attachment 9). Signs that are located inside a
building and visible from a street or sidewalk will be subject to compliance with all of the
regulations pertaining to method of display, flashing, color, etc.
Compliance dates
The current code allows a fifteen year period in which signs made nonconforming by code
amendments must be brought into compliance. This fifteen year period was enacted as part of the
1994 sign code revisions. Because those revisions were very comprehensive, affecting most signs
that existed in the city at that time, the City Council determined that a very generous compliance
period was appropriate.
The proposed amendments recommended with this ordinance affect only a small portion of all
existing signs. Therefore, staff believes that it is not appropriate to apply the fifteen year time limit
to existing digital signs. Instead, this ordinance establishes several compliance dates of different
duration for signs that are made nonconforming by the new regulations. Staff is proposing that
signs which can be corrected by simply flipping a switch (e.g., interior window signs), will have
thirty days in which to comply with the new regulations. Signs that will require more substantial
modifications, but not removal or structural modifications, will have four years. Signs that require
removal or structural changes will have eight years. However, as required by existing code
provisions, such signs will have to be brought into compliance sooner than the applicable date if
the use of the property changes or if the premises promoted by the sign comes under new ownership
182
December 6, 2011
or tenancy and the sign is proposed to be changed for the purpose of displaying the new name or
other new identification of the premises.
Pole Signs
The sign code allows for two types of freestanding signs (signs not attached to a building). A
ground sign (also known as a monument sign), is a type of freestanding sign that consists of a sign
face or cabinet that is mounted on top of a base, the width of which is at least 80% of the width of
the sign cabinet, i. e, a 10 foot wide sign cabinet mounted on a base that is at least 8-foot wide. A
pole sign, on the other hand, is often a sign cabinet mounted on top of one or two exposed poles,
with considerable air space between the sign and the ground. Pole signs are generally not as
attractive as ground signs, and in fact the sign code contains regulations that are intended to
encourage the use ofground signs as the preferred type ofsign. (See Attachment 10 for pictures of
monument signs and pole signs).
The completion of the 2009 sign compliance project resulted in a number of the previous
nonconforming pole signs being replaced with ground signs. However, some existing pole signs
were simply lowered rather than replaced. The number of pole signs in the city really didn't
decrease as a result of the 15 year compliance period, and there may have actually been a slight
increase in the number ofsuch signs since some of the nonconforming signs that were ground signs
were replaced with new pole signs. As a result, opportunities to increase the number of more
aesthetically pleasing ground signs in the city through replacement did not materialize.
In order to ensure that there will be fewer new or remodeled signs supported by simply one or two
exposed poles, a Code amendment is necessary. The amendment will require that pole signs be
designed in a manner that will result in a more substantial and interesting design, helping to ensure
that they will contribute to the aesthetic appearance of the streetscape. This can be accomplished
by limiting the amount of air space between the top of the sign and the ground to not more than
40%. This added design criteria for pole signs will further the purpose of the sign code to enhance
the visual streetscape of the city.
FINANC/AL /ECONOMIC IMPACTS
Business owners have strongly expressed that the advertising flexibility offered by digital signs is
an important factor that contributes to increased sales and the success of local businesses. Owners
installed digital signs at great expense in reliance on the regulations adopted in 2006 and the
proposed revisions will allow many of these signs to remain without the need for expensive
modifications or removal.
ENVIRONMENTAL IMPACTS
The primary environmental concern associated with signs in the community is their impact on the
visual environment of Fort Collins. With regard to digital signs, it is important to be proactive in
considering regulations in order to manage the potential expansion of these signs throughout the
city. Staff and the Planning and Zoning Board believe that the recommended changes will improve
183
December 6, 2011
upon the existing standards through better and more enforceable brightness standards and through
standards that will improve the design and visual appearance of digital signs and pole signs.
BOARD / COMMISSION RECOMMENDATION
At its regular meeting on November 17, 2011, the Planning and Zoning Board voted 6-0 to
recommend that City Council adopt the Ordinance amending the Land Use Code.
The Board's motion to recommend approval contained a provision that the design criteria in Sec.
3.8.7(M)(4)(e) be amended by removing the words "or uppermost portion ". This change has the
effect of allowing an electronic message center to be placed as the uppermost portion of the sign as
long as it is an integral part of the overall design of the sign. Staff agrees with this change, and the
language in the recommended ordinance has been amended.
PUBLIC OUTREACH
A number of outreach meetings have been held with stakeholders and the public to seek feedback
on the issues. Staff focused outreach on five main stakeholder groups: sign industry
representatives, Chamber of Commerce, sign owners, small business owners, and the general public.
Feedback regardingpole sign design criteria was also solicited at the meetings, but the major focus
and interest was on digital signs. Most of the outreach meetings were conducted prior to the August
9, 2011 City Council work session, with an additional 4 meetings held after the work session.
Prior to August 9, 201],feedback was also solicited on the City of Fort Collins'Facebookand Your
Voice websites (70 total responses). Outreach included basic overviews of the current sign code,
open-ended questions about the use and effectiveness of digital signs, thoughts on current and
potential new regulations, sign trends, and the impact of digital signs on the streetscape both now
and in the future. The majority of these respondents believed that current standards did a good job
of regulating these signs and that continued allowance of them wouldn't have a negative impact.
(See Attachment 7 for individual responses).
In general, the sign industry representatives, Chamber of Commerce Local Legislative Affairs
Committee, and sign owners do not support significant change to the City's current Code. The
groups strongly stressed the benefit to businesses that digital signs offer, including ease of
promoting on multi -tenant locations, employee safety, less reliance on banners, and the ability to
be timely with messaging. There was also comment that the City's current Code does not allow for
more attractive signs by only allowing monochrome pixel type signs. It was noted that industry
trends and technology improvements are leading to more digital signs in the future, and they will
have higher resolution and messaging capabilities. (See Attachments 2, 3, and 4 for summary
minutes of the meetings).
The Cityworks Alumni group and the members of the Planning and Zoning Board generally agreed
that there is not much of a problem with the digital signs as currently allowed. However, they were
supportive of adjustments to the Code to ensure quality standards with the anticipated increase in
the number of such signs. They felt that continued use would not have a detrimental affect on the
IKE
December 6, 2011
streetscapes into the future as long as the signs are regulated with regard to frequency of change,
no animation, limits on the percent of a sign that can be digital, etc. The majority of both groups
expressed that such signs offered businesses additional flexibility. Some suggested that the City
should allow the use of full -color displays rather than just restricting to monochrome. (See
Attachment 6 for summary minutes of the CityWorks meeting).
What little feedback there was on the pole sign issue was about evenly split between those who
believe the signs are fine the way they are and those that believe the additional design criteria would
be beneficial.
Meetings:
April 5 and July 7 — Industry representatives
April 22 — Chamber of Commerce Local Legislative Affairs
April 27 —Sign owners
May 11— Two public open houses
July 7 — City Works alumni group
July 22 — Planning & Zoning Board work session
August 9 — City Council work session
September 27—Digital sign demonstration display
September/October — Four meetings with the Chamber of Commerce/Fort Collins Sign Coalition
(representatives from the Chamber, sign industry, and business owners)
November 10 — Planning & Zoning Board work.session
November 17 —Planning & Zoning Board public hearing
Web tools:
Your Voice
City's Facebook page "
Bruce Hendee, Chief Sustainability Officer, stated concern has arisen regarding the rapid expansion
of digital sign permit requests.
Peter Barnes, Zoning Supervisor, discussed the historical nature of the City's sign codes, including
the most recent digital sign code of 2006, which does not contain any specific information regarding
dimming levels. At the August 9, 2011 Work Session, staff received direction to prepare an
ordinance that allows the continued use of digital signs with additional standards to better regulate
design and esthetic impact. Key elements of the ordinance include the establishment of specific,
measurable, and enforceable brightness levels. The permit process will require that the brightness
level be factory preset. Red lettering will be allowed in monochrome message displays; however,
full color displays would remain prohibited. Barnes discussed the portable sign boundary map and
pole sign design criteria. Several outreach meetings were held resulting in most respondents
expressing support for making code adjustments to ensure quality standards as the number of digital
signs increases.
185
December 6, 2011
Ann Hutchison, Fort Collins Chamber of Commerce, supported the proposed changes and
encouraged future consideration of full color signs.
James Carpentier, International Sign Association and Colorado Sign Association, supported the
proposed changes but expressed concern with the limit on color regulations and pixel requirements.
Mayor Weitkunat asked staff to address the concerns raised by Mr. Carpentier. Barnes replied only
four colors have been allowed on digital signs since 2006 and this Ordinance proposes to add red
as a fifth color. The limit on colors reduces the possibility of several signs becoming overwhelming
in one's field of vision. In terms of pixel spacing, the proposal is effective in getting high resolution
signs with better legibility.
Mayor Weitkunat noted no restrictions are proposed for colors for static signs.
Councilmember Troxell asked how staff has determined the current regulations have worked well.
Barnes replied businesses have provided no feedback indicating otherwise.
Councilmember Troxell stated he would prefer more color options.
Mayor Pro Tern Ohlson requested that staff examine sign sizes irrespective of the safety aspect prior
to Second Reading and requested examining the placement of sign additions within the overall sign,
as discussed at the Planning and Zoning Board meeting.
Councilmember Troxell asked about using background colors on digital signs. Barnes confirmed
the message is required to be a single color and the background may be another color, though it must
be one of the approved colors.
Mayor Weitkunat asked about future monitoring of the effectiveness of the regulation. Barnes
replied staff is proposing a monitoring program to analyze the regulation effectiveness after two
years as part of the plan and policy review schedule. Deputy City Attorney Daggett stated Council
could add that requirement to the Ordinance.
Councilmember Kottwitz asked about the variations in shades of allowed colors. Barnes replied
shades are allowed.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 178, 2011, as amended, on First Reading.
Councilmember Troxell asked if a graphic identity could be placed on a digital sign. Barnes replied
it could be, if it were monochrome.
Councilmember Manvel commended staff for work on the item and the resulting Ordinance.
Councilmember Troxell supported the proposed two year review.
HE
December 6, 2011
Mayor Pro Tern Ohlson commended staff for work on the item and the resulting Ordinance.
Councilmember Kottwitz requested an examination of including additional colors prior to Second
Reading.
Mayor Weitkunat commended staff on outreach to businesses and also requested an examination
of including additional colors.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak
and Troxell. Nays: none.
THE MOTION CARRIED.
(**Secretary's note: The Urban Renewal Authority work session scheduled after the Council
meeting was rescheduled to January 24, 2012.)
(**Secretary''s note: The Council took a brief recess at this point in the meeting.)
Items relating to the Safe Ride Home Program, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
A. Resolution 2011-108 Authorizing the CityManager to Enter into a Contract with the Board
of Governors of the Colorado State University System for the Benefit of the Associated
Students of Colorado State University to Create the Safe Ride Home Weekend Bus Service.
B. First Reading of Ordinance No. 179, 2011, Appropriating Prior Year Reserves in the
General Fund for Transfer to the Transit Services Fund and Appropriating Unanticipated
Revenue in the Transit Services Fund for the Safe Ride Home Weekend Bus Service.
Fort Collins Police Services (FCPS) has had recent discussions with the Associated Students of
Colorado State University (ASCSU) about creating an additional transportation option for people
leaving the downtown area on weekend nights. In this partnership Police Services hopes to
accomplish important goals of reducing the number of people and the associated problems in the
downtown area and increasing traffic safety by giving people an additional option for leaving
downtown safely and decreasing the number of drivers who have been drinking during this
timeframe. The available transportation is unable to meet the demand for transportation during this
timeframe. ASCSU has an interest in providing this service for students and is willing to invest
funds from studentfees to address this need. By combining available funding, these parties are able
to provide this service to all members of our communityfor a modest fare. The proposal is to enter
into a one year contract between ASCSU and Transfort to provide two fixed bus routes on Friday
and Saturday nights, every weekend during the term of the Agreement, from 11:30 PM to 2:30 AM.
187
December 6, 2011
An ongoing assessment will be conducted to determine the effectiveness ofthis project, any potential
improvements, and explore opportunities for long-term funding.
BACKGROUND /DISCUSSION
One of the most challenging issues for the District One officers of FCPS is the safe management of
approximately 4, 000 people who exit the many liquor licensed businesses in the downtown area at
bar closing time. The existing transportation options for people leaving the downtown area at this
time primarily consist of taxis and the Ram Ride program supported by ASCSU. These available
transportation options do not meet the demand at this time. This creates a situation where people
either stay in the area, which contributes to the difficulty of managing the behavior of this number
ofpeople, or may choose to drive after drinking. Additionally, ASCSU has an interest in providing
safe transportation for students during this timeframe.
FCPS andASCSUhave developed apositive relationship in addressing issues where complementary
interests exist, such as with the Party Registration program and the Community Welcome.
Discussions about transportation options downtown began recently, and mutual interests were
identified. This proposal involves providing four buses that will run two dedicated routes to areas
where a high volume ofstudents and other residents who frequent the downtown area live. The pilot
program will,operate on Friday and Saturday nights between the hours of 11:30-PM and 2: 30 AM.
Extensive surveying conducted by ASCSU and FCPS has indicated strong support for this service.
In addition, many of the bars downtown have expressed an interest in this program and have
proposed purchasing tickets for this service in advance and providing them to bar patrons.
The funding for this pilot program for 2012 will include $50, 000 from FCPS Camera Radar funds,
$34,000 from ASCSU student fees, fares generated by a proposed one -dollar per ride fare and
potential advertising revenues generated by this service. FCPS generates revenue from Camera
Radar, which is used to support traffic safety initiatives and otherpolice-related needs. Thisproject
is a good use ofthis non-taxfundingsource as itprovides safe transportation forpeople leaving the
downtown area who may have been consuming alcohol. In addition, this service provides an
environmentally beneficial public transportation option during this high traffic timeframe. Even
with the preliminary surveying that shows a very positive response to this service, it is difficult to
estimate the actual ridership. For this reason, the contract for this service will be written to allow
for the cancellation of the contract before the year is completed. FCPS has committed 10 making
up any shortage in the cost of this service from the same funding source if funds generated do not
pay the remaining costs for the contract.
This Resolution authorises the City Manager to enter into a contract with ASCSU to provide this
service and the Ordinance appropriates $34, 000 in revenue from ASCSU in two payments during
2012. The service will be provided by a private company under contract with Transfort and using
existing Transfort buses.
FINANCIAL /ECONOMIC IMPACTS
FCPS will contribute $50,000 from existing funds that have been generated by fines paid for
Camera. Radar tickets with the understanding that additional funds may be necessary to complete
December 6, 2011
the payment of the contract. This partnership includes funding from ASCSU student fees in the
amount of $34, 000 to be paid in two payments. Additional funding will be generated from fares paid
by users of this service and advertising revenues generated. This service will provide employment
for drivers from a private company that will be contracted by Transfort for this purpose.
The environmental impacts of this pilot project are expected to be positive by providing mass
transportation service to hundreds of people who may otherwise be traveling by automobiles.
PUBLIC OUTREACH
A survey ofpeople leaving the downtown area during this timeframe was conducted byASCSUand
FCPS. In addition, a Student Voice Survey was conducted electronically by ASCSU. These surveys
showed that 94% ofthepeople surveyed liked the idea ofprovidingpublic transportation during this
timeframe. This survey data also helped to determine the best routes for this service. At a meeting
with bar owners and managers this concept was presented, and there was strong support. "
Jerry Schiager, Police Services, discussed the pilot project joint venture between ASCSU and the
City to provide public transportation from the downtown area on weekend nights.
Chase Eckert, ASCSU Director of Governmental Affairs, discussed a survey of CSU students
regarding where students actually live in town, whether or not they would pay for late night
weekend bus service, and the hours the service would be most needed. The survey found most
students were willing to pay a fee at the time of service and 94% supported the idea of late night
weekend bus service. The current Ram Ride program currently operates about 19 vehicles per night
and functions like a free taxi service for students. Adding the bus route would create one of the
largest and most comprehensive safe ride programs in the country.
Schiager discussed the pilot proposal which is to run four buses on two dedicated routes which
would result in only 15 minute maximum waits. The routes would reach the most dense residential
areas on Friday and Saturday nights for one year, potentially beginning in January 2012. The initial
cost estimate for the program is $119,500, $34,000 of which has been committed by ASCSU,
$50,000 of which will come from Police Services' Photo Radar Reserve Fund, and approximately
$25,000 of which will be generated from the riders. Police Services will cover any cost not covered
by the proposed funding mechanisms and the contract will include an escape clause with 30 days
notice.
Eric Sutherland, 3520 Golden Currant, expressed concern about equity and expenditure of
community resources.
Shane Miller, 4325 Mill Creek, supported the program but expressed concern that the boundaries
are limited to campus and downtown areas.
Keegan Schultz, Ram Ride Director, supported the program.
:E
December 6, 2011
Rachel Schrader, ASCSU Deputy Director of Governmental Affairs, supported the program and
noted the program is available to all citizens as well as students.
Dr. John Hurst, Fort Collins resident, supported the program and noted the cost savings to Police
Services.
Councilmember Poppaw asked why Mr. Eckert presented part of the staff presentation. City
Manager Atteberry replied his presentation was due to the nature of the partnership.
Councilmember Poppaw asked about the cost to Transfort resulting from wear and tear on buses.
Kurt Ravenschlag, Transfort Assistant General Manager, replied the cost estimate of $119,500 does
account for fuel, maintenance, and operator salaries.
Councilmember Kottwitz asked if staff has considered charging more for non -students. Schiager
replied it had been considered but was not part of the proposal for the sake of simplicity. Each rider
will be charged one dollar.
Councilmember Manvel asked about the economics of this proposal versus Ram Ride expansion.
Mr. Eckert replied Ram Ride expansion was not considered as the efficiency of fixed routes
decreases wait times much more dramatically.
Councilmember Troxell supported the program and commended staff for work on the item.
Mayor Pro Tem Ohlson asked about Transfort "Express Vehicles." Ravenschlag replied Transfort
has three vehicles which were purchased from the Colorado Department of Transportation after a
program providing transportation along Highway 34 was cancelled.
Mayor Pro Tem Ohlson asked how this program addresses the mass exit from downtown bars and
restaurants. Schiager replied the District 1 officers have been working on encouraging a more
staged departure from Old Town.
Mayor Pro Tem Ohlson asked if this service is enabling and encouraging drinking. Schiager replied
this program should aid in decreasing the cost to the community via Police Services expense
reduction.
Councilmember Kottwitz made a motion, seconded by Councilmember Horak, to adopt Resolution
2011-108.
Councilmember Kottwitz stated this service will benefit more than just students.
Councilmember Horak supported the program and noted it will provide safe rides to individuals who
may not have been drinking. He commended the partnership between CSU and the City.
Mayor Pro Tem Ohlson commended Police Services for its response to his questions and stated he
would support the program based on its innovation.
190
December 6, 2011
Councilmember Poppaw commended the innovation of the program.
Mayor Weitkunat expressed strong support for the innovation and partnership of the program.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak
and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Kottwitz, to adopt Ordinance
No. 179, 2011, on First Reading. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 166, 2011,
Amending Chapter 26 of the City Code to Revise
Electric Rates, Fees and Charges, Adopted on Second Reading
The following is staffs memorandum for this .item.
"EXECUTIVE SUMMARY
This residential energy rate is used to bill about 55,000 residential customers. These customers
include single-family dwellings, individually metered apartments and home occupations. This rate
class also includes a small group (220) of multi family customers with a single meter. Seventeen
of these customers occupy four Alex or larger units. This rate ordinance increases the residential
energy rate by an average of 6%; however, the percentage of increase varies by season and
customer usage. Option B of the Ordinance was adopted on First Reading on November 15, 2011
by a vote of 4-2 (Nays: Troxell, Weitkunat; Kottwitz absent). If adopted on Second Reading, the rate
will be effective with meter readings after February 1, 2012.
The residential electric rate has three components: (1) a fired charge, the monthly charge that
recovers the cost of metering, billing, collecting and providing customer service, and all other
customer -related costs; (2) a distribution facilities charge that recovers the cost of operating and
maintaining the distribution substations, poles, wires, conductors, and transformers required to
deliver power to customers, applied on a $/kilowatt hour (kWh or unit of electricity) basis; and (3)
an energy charge that recovers the cost of fuel, purchased power, and all other variable costs
associated with the production of electricity. The energy charge includes both energy and demand
components ofpurchase power. The new rate will change the structure of the energy charge in two
ways: (1) creating specific pricing for three tiers or blocks of energy use; and (2) creating seasonal
pricing in the summer season billing months of June, July and August.
The fixed charge will increase to $4.48 per bill from the 2011 charge of $3.91. The distribution
facilities charge will increase to $0.0256/kn from the 2011 charge of $0.0220/kWh. The current
191
December 6, 2011
2011 energy charge is $0.0248. The Ordinance creates three inclining blocks or tiers that will differ
in the summer months of June, July and August from the remaining months of the year.
1. During the summer season billing months of June, July and August, the energy charge per
kWh will be tiered with the following charges:
a. for the first 500 kilowatt hours per month, per kilowatt hour: $0.0531 / kWh.
b. for the next 500 kilowatt hours per month, per kilowatt hour: $0.0689 /kWh.
C. for all additional kilowatt hours per month, per kilowatt hour: $0.1005 /kWh.
The meter reading date will generally determine the summer season billing months; however, no
customer shall be billed more than three (3) full billing cycles at the summer rates.
2. During the non -summer season billing months of January through May and September
through December, the energy charge per kWh will be tiered with the following charges:
a. for the first 500 kilowatt hours per month, per kilowatt hour: $0.0482 /kWh.
b. for the next 500 kilowatt hours per month, per kilowatt hour: $0.0520 /kWh.
C. for all additional kilowatt hours per month, per kilowatt hour: $0.0603 / kWh.
Accommodation for customers with medical needs is planned. Also a pilot time -of -use rate for
electric vehicles will be developed for Council consideration in mid-2012. "
Brian Janonis, Utility Services Executive Director, stated this Ordinance would adopt tiered rates
to encourage conservation per both the Climate Action Plan and the City's Energy Policy. The rates
include the Platte River Power Authority rate increases and adjustments for the City's cost of
service.
Patty Bigner, Utility Services, discussed the specific rate changes and stated the new Yates would
go into effect February 1, 2012. Accommodations for medical needs and low income assistance are
planned.
Nancy York, 130 South Whitcomb, supported tiered rates.
Dana Nance, 4215 Applegate Court, opposed tiered rates.
Doug Fogg, 2924 Silver -wood Drive, preferred Option A, or seasonal rates, over tiered rates.
Paul Smith, 1908 Welch Street, supported tiered rates.
Lacy Kechter, Fort Collins resident, supported tiered rates.
John Long, Atmospheric Conservancy Development Director, supported tiered rates.
Shane Miller, 4325 Mill Creek, supported tiered rates.
192
December 6, 2011
Paul McGraw, 1309 Salem Street, questioned the justification of the rate increase and asked if other
PRPA member cities are also raising rates. He asked if smart meters have the capacity for
interruption and what the City will do with the increased revenue from the summer months. He
asked why commercial customers are not dealing with rate increases.
Glen Colton, 625 Hinsdale Drive, supported tiered rates.
Eric Sutherland, 3520 Golden Currant, discussed the $11 opt out fee for the Smart Meter program
and opposed rates which do not provide exemptions for low-income residents and other special
populations.
Eric Levine, 514 North Shields, discussed a 2008 task force relating to tiered rates and encouraged
the City to provide further outreach regarding utility bill reduction.
Kevin Cross, 300 Peterson, supported tiered rates and noted houses with all electric heat will
continue to be eligible for the City's demand rate. Additionally, individuals with medical needs
requiring electricity and electric vehicles will not be affected.
Mayor Weitkunat asked for clarification regarding the rate increase justification with regard to the
6% across-the-board increase mentioned by several speakers. Janonis replied there are two
components to the rate increase justification: the Platte River Power Authority rate increase and the
City's cost for wholesale power. Additionally, the Utility is starting to reduce the amount taken out
of reserves for capital projects.
Mayor Weitkunat asked if other PRPA member cities are increasing rates. Bill Switzer, Utility Rate
Analyst, replied Loveland is increasing rates 6% across-the-board, not on a cost of service basis.
Mayor Weitkunat asked if smart meters will be able to interrupt service. Steve Catanach, Light and
Power Operations Manager, replied the advanced meters will have the capability to reconnect and`
disconnect remotely.
Mayor Weitkunat noted commercial rates will also increase, in the range of 13% to 20%.
Mayor Pro Tern Ohlson suggested a different process may be needed in terms of answering public
questions.
Councilmember Troxell supported time -of -use rates rather than tiered rates and asked about the
planned date for the roll -out of the Advanced Metering system. Catanach replied staff is examining
delaying mass deployment. The initial roll -out of the test area will begin in February; however, the
message associated with the increased summer billing should not be confused with the message
associated with the Advanced Meters. The deployment may be compressed to a seven month
deployment, following the summer months, rather than an eleven month deployment.
Councilmember Troxell made a motion, seconded by Councilmember Kottwitz, to adopt the original
Option A of Ordinance No. 166, 2011, on Second Reading.
193
December 6, 2011
Councilmember Manvel made a motion to amend, seconded by Councilmember Poppaw, to replace
Option A with Option B.
Councilmember Manvel supported tiered rates as adopted on First Reading.
Councilmember Troxell stated Option A, or seasonal rates, allows for a more deliberate approach
to energy consumption.
Councilmember Kottwitz supported conservation and the Climatewise Program but supported
seasonal rates over tiered rates.
Mayor Weitkunat stated all residents will see a 6.4% rate increase due to the PRPA rate increase
pass through. Additionally, that increase has been incorporated with other City goals that will
increase rates to a point of negatively affecting individuals. She supported seasonal rates over tiered
rates.
Councilmember Horak argued that nearly 90% of the residential rate customers will have a lower
bill than the average increase from PRPA.
Mayor Pro Tern Ohlson noted Fort Collins has some of the lowest electric rates in the country and
supported tiered rates.
The vote on the motion to amend by adopting Option B on Second Reading was as follows: Yeas:
Manvel, Horak, Poppaw and Ohlson. Nays: Weitkunat, Kottwitz and Troxell.
THE MOTION CARRIED.
Councilmember Troxell made a motion, seconded by Councilmember Kottwitz, to amend Ordinance
No. 166, 2011, by requiring that Council receive a report in September of each year providing the
summer energy and peak daily demand for each customer class, for at least the previous three years,
in order to monitor the impacts of tiered rates.
Councilmember Poppaw asked how much staff time would be required to provide such a report.
Deputy City Attorney Daggett stated the Ordinance could be amended to provide that direction to
the City Manager. An alternative would be for the City Manager to use usual processes for a report
to Council.
Janonis stated current residential meters do not allow demand measurements and asked if
Councilmember Troxell would prefer the analysis to be systemwide. Councilmember Troxell
replied he would like system data as well as peak data for summer months.
Councilmember Manvel opposed the amendment to add the report requirement.
Councilmember Kottwitz withdrew her second to Councilmember Troxell's motion to amend.
194
December 6, 2011
The vote on the motion to adopt Ordinance No. 166, 2011, as presented, on Second Reading, was
as follows: Yeas: Manvel, Horak, Ohlson and Poppaw. Nays: Weitkunat, Kottwitz and Troxell.
Extension of the Meeting
Councilmember Manvel made a motion, seconded by Mayor Pro Tern Ohlson, to extend the meeting
past 10:30 p.m. Yeas: Weitkunat, Manvel and Ohlson. Nays: Poppaw, Troxell, Kottwitz and Horak.
THE MOTION FAILED.
Adjournment
Councilmember Manvel made a motion, seconded by Mayor Pro Tern Ohlson, to adjourn to 6:00
p.m., December 13, 2011, to consider a possible Executive Session, and to consider agenda items
36, 37, and 38 as the first Discussion items on the December 20, 2011 regular meeting agenda.
Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 11:10 p.m.
ATTEST: F.FORT cOl %<
SEAT. 'sN
City Clerk
195