HomeMy WebLinkAboutMINUTES-11/15/2011-RegularNovember 15, 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, November 15,
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, Manvel, Ohlson, Poppaw, Troxell and
Weikunat.
Councilmembers Absent: Kottwitz
Staff Members Present: Atteberry, Krajicek, Daggett.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
Citizen Participation
Vivian Armendariz, 820 Merganser Drive, opposed personal attacks on City Manager Atteberry and
expressed disappointment that more Councilmembers did not attend the Veteran's Plaza opening.
Eric Sutherland, 3520 Golden Currant, made comments regarding a "gag rule" being placed on
citizens.
Virginia Farver, 1214 Bellview Drive, opposed the Smart. Meter program.
Cherry Thornton and Becky Lindsey, Senior Advisory'Boardmembers, provided an update on the
"Silver Tsunami" event.
Rich Crisler, Occupy Northern Colorado, discussed the basis of the Occupy movement and opposed
the use of Fort Collins' federally -allocated funds.
Paul Smith, Fort Collins resident, encouraged further studies of ethanol use.
Cheryl Distaso, Center for Justice, Peace, and Environment, 135 South Sunset, provided an update
regarding the residents who have been required to move from the Bender Mobile Home Park. She
encouraged further details be provided to residents regarding any relocation assistance they may be
provided.
Debra Goodson, 912 Wood Street, stated a request has been made for $7,000 per resident to Gino
Campana, the new project developer.
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November 15, 2011
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the October 18 and November 1 2011
Regular Meetings.
7. Second Reading of Ordinance No. 145, 2011, Appropriating Unanticipated Grant Revenue
in the Cultural Services and Facilities Fund for the Planning and Design of an Art Incubator
Proposed for the Carnegie Buildings
This Ordinance, unanimously adopted on First Reading on November 1, 2011, appropriates
unanticipated grant revenue of $100,000 from the National Endowment for the Arts (NEA)
"Our Town" grant program in the Cultural Services Fund. The Cultural Services
Department and the non-profit Beet Street collaborated on the grant as required by the NEA.
The grant provides funding for the design and planning of a proposed art incubator to be
housed in the Carnegie Building in late 2012.
8. Second Reading of Ordinance No. 146, 2011, Appropriating Unanticipated Revenue in the
Capital Projects Fund, Mason Corridor Project for the Purchase of One Rapid Transit Bus.
The MAX BRT project is a five mile; primarily fixed guideway located about one block to
the west of College Avenue. The BRT includes seven park-n-ride lots, eight BRT stations
with pedestrian and bicycle access, eight BRT curb -side stops, a transit center at the southern
and northern termini, and off-line upgrades to an existing transit maintenance facility to
provide MAX BRT service. Six exclusive BRT buses will be acquired and added to the
existing City bus fleet in order to provide MAX BRT services. All six buses will be new bus
purchases, and will replace older buses beyond their useful life. The six BRT buses will be
purchased at the same time, once the Project Construction Grant Agreement (PCGA) has
been executed in March 2012. The one BRT bus funded by this grant will be purchaseds at
the same time as the other five BRT vehicles. Three BRT vehicles are funded through
CDOT grants (SB-1, FASTER), while the other three are funded through the federal Small
Starts grant. This Ordinance, unanimously adopted on First Reading on November 1, 2011,
appropriates the grant funds received from CDOT.
Ordinance No. 146, 2011, has been amended on Second Reading. The provision of the local
match for the FASTER project contract (Resolution 2011-096) is being met from existing
appropriations in the Capital Projects Fund, Mason Corridor project accounts. As a.result,
Transfort does not require the appropriation of $350,000 in local match from the Transit
Capital Reserve Fund, as originally outlined in the First Reading Agenda Item Summary.
9. Second Reading of Ordinance No. 147,2011, Authorizing the Purchasing Agent to Enter into
an Amendment and Extension of the Golf Professional Services Agreement for Collindale
Golf Course for up to Five Additional Years.
This Ordinance, unanimously adopted on First Reading on November 1, 2011, authorizes
the extension of the existing Agreement with Collindale Golf Course contractual Golf
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November 15; 2011
Professional, Dale Smigelsky, PGA, which expires on December 31, 2011. The existing
five-year Agreement was entered into on January 1, 2006, with Jim Greer, and was assumed
by Dale Smigelsky on January 1, 2009. From 2001 through 2008, Mr. Smigelsky was the
Golf Professional at SouthRidge Golf Course. Mr. Smigelsky assumed Jim Greer's contract
as the Head Professional at Collindale on January 1, 2009.' The performance of Mr.
Smigelsky has been very satisfactory during the term, and staff has negotiated a mutually
acceptable extension to the Agreement.
10. Second Reading of Ordinance No. 148 2011 Authorizing the Purchasing Arent to Enter
into an Extension of the Restaurant/Snack Bar Concession Agreement at Southridge Golf
Course for up to Five Additional Years.
The existing Agreement with the SouthRidge Golf Course restaurant/snack bar
concessionaire, the Sandtrap, Inc., dba Mackenzie's Pub & Grill at SouthRidge, expires on
December 31, 2011. This Ordinance, unanimously adopted on First Reading on November
1, 2011, extends the Agreement. The performance of the concessionaire, Mr. Rob Dahl, has
been very satisfactory during the term, and staff has negotiated a mutually acceptable
extension to the Agreement for the year 2012 with annual renewal options for the years 2013
through 2016, or a potential total term of ten years.
11. Second Reading of Ordinance No. 149 2011 Amending Chapter 2 of the City Code to Add
a New Section 2-506 Establishing a New Service Area to Be Known as Sustainabilitv
Services.
The City Manager and executive leadership team continue to examine and consider ways to
enhance the efficiency and effectiveness of the City organization. The City Manager has
decided to implement some changes to the City's internal organizational structure. These
changes impact existing service areas which necessitates updates to related provisions of the
City Code. This Ordinance, unanimously adopted on First Reading on November 1, 2011,
establishes Sustainability Services as a Service Area.
On Second Reading, the functional responsibilities of the new service area have been
amended to add "social sustainability".
12. Items Relating to the Courtney Annexation and Zoning,
A. Second Reading of Ordinance No. 151, 2011, Annexing Property Known as the
Courtney Annexation to the City of Fort Collins.
B. Hearing and First 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.
Ordinance No. 151, 2011, unanimously adopted on First Reading on November 1, 2011,
annexes 3.13 acres located east of Ziegler Road and south of East Horsetooth Road. The
property is Lot 3 of the Strobel M.R.D. and is addressed as 3256 Nite Court, which is at the
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November 15, 2011
east end of Charlie Lane. Portions of street right-of-way for Nite Court and Charlie Lane
are included in the annexation boundary. This is a 100% voluntary annexation.
The property is developed and is in the FA1 - Farming District in Larimer County.
Ordinance No. 152, 2011, will place this annexation in UE — Urban Estate Zoning District.
Staff is recommending that this property be included in the Residential Neighborhood Sign
District. A map amendment will not be necessary as this property is already in the District.
The "Residential Neighborhood Sign District" was established for the purpose of regulating
signs for nonresidential uses in certain geographical areas of the City which may be
particularly affected by such signs because of their predominantly residential use and
character. The subject property is in an established residential area.
13. Second Reading of Ordinance No. 155, 2011, Authorizing Conveyance of a Non -Exclusive
Utility Easement on City Property to Public Service Company of Colorado.
The City of Fort Collins owns land south of Zach Elementary School along McClelland's
Creek known as Outlot D of McClelland's Creek PD & PLD and Outlot D of McClelland's
Creek PD & PLD 2nd Filing (the Property). The Property was dedicated on the
McClelland's Creek plats as easement for landscape, drainage, and utility purposes. The
Property is part of the McClelland's Creek Drainage Basin and is owned and maintained by
City's Stormwater Utility. McClelland's Creek conveys stormwater flows to the Fossil
Creek Reservoir Inlet Ditch.
Public Service Company of Colorado (Xcel) has planned a project to install a gas line to
service the proposed residential development to east of the City's Property. The gas line will
extend east from Xcel's existing service line off of Rock Dove Drive across property owned
by,the City, as well as property owned by Poudre School District. The line will run adjacent -
and parallel to an existing sanitary sewer easement on the City's Property. This Ordinance,
unanimously adopted on First Reading on November 1, 2011, grants Xcel a 10-foot wide
utility easement across the City's property for the installation and maintenance of the new
gas line improvements.
14. First 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 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. -
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November 15, 2011
15. First Reading of Ordinance No. 158, 2011, Appropriating Unanticipated Grant Revenue in
the General Fund for Police Services' Restorative Justice Program arid for the Transfer of
Funds Previously Appropriated in the Police Services Project Budget.
A grant in the amount of $30,000 has been received from the Colorado Division of Criminal
Justice (DCJ) 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 (RJCP)
for all other offenses. Restorative Justice is an alternative method of holding a young
offender accountable by facilitating a .meeting with the offender, the victim/victim
representative and members of the community to determine the harm caused by the crime,
and how to repair the harm. By identifying and repairing the harm caused by the crime,
criminal justice officials are optimistic repeat offenses by these youth will be reduced and
the needs and concerns of the victims and affected community will be addressed. A $3,333
cash match is required for the $30,000 grant and will be met by appropriating funds from the
police operating budget designated for restorative justice.
16. First 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 appropriation request will be used for 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.
17. First 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%.
18. Public Hearing and First Reading of Ordinance No. 161, 2011, Amending Chapter 26 of the
City Code Relating To Utility Connection Fees And Miscellaneous Charges.
This Ordinance 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.
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November 15, 2011
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.
19. First 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 will amend 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.
20. Items Relating to Stormwater. Water and Wastewater Standard Development Specifications.
A. First Reading of Ordinance No. 163, 2011, Amending Chapter 26 of the City Code
to Establish and Provide for Technical Revision of Standard Development
Construction Specifications for the Water, Wastewater and Stormwater Utilities.
B. First Reading of Ordinance No.. 164, 2011, Adopting Standard Development
Construction Specifications for the Water, Wastewater and Stormwater Utilities.
Fort Collins Utilities maintains standard construction specifications adopted by City Council
for stormwater, water and wastewater improvements installed within new residential and
commercial developments within the respective City service areas. These specifications
require the use of specific materials, methods and products to insure uniformity within the
systems and to standardize various components. Water Utilities is combining these
specifications into a unified document that is more convenient for engineers and contractors
to use and more easily updated in the future.
21. First Reading of Ordinance No. 165, 2011, Desi ating the MacDonald/Cooke House and
Detached Garage, 424 West Olive Street, as a Fort Collins Landmark Pursuant to Chapter
14 of the City Code.
The owners of the property, Brian Cooke and Lisa Viviani, are initiating this request for Fort
Collins Landmark designation for the MacDonald/Cooke House and Detached Garage, at
424 West Olive Street. The MacDonald/Cooke House and Garage are significant under
Designation Standard (2) for their association with Stewart L: MacDonald; and under
Designation Standard (3), as a notable and unaltered example of the American Foursquare
architectural style, with historic matching detached garage. This property retains a veryhigh
level of integrity relative to the seven aspects of integrity: location, setting, design,
materials, workmanship, association, and feeling.
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November 15, 2011
22. Public Hearing and Resolution 2011-101 Approving the Programs and Projects that Will
Receive Funds from the Federal Home Investment Partnerships (HOME) Program and the
Citv's Affordable Housing Fund.
The Resolution will complete the fall cycle of the competitive process for allocating
$813,577 of City financial resources to affordable housing programs/projects.
23. Resolution 2011-102 Further Extending the Deadline for the City of Fort Collins and the
Town of Windsor to Take Certain Actions Required by the Parties' Intergovernmental
Agreement Pertaining to the Development of the Interstate 25/State Highway 392
Interchange.
On December 21, 2010, the City Council approved an intergovernmental agreement with the
Town of Windsor (the "IGA") pertaining to the development of the I-25 interchange at the
intersection of State Highway 392 (the "Interchange"). Staff for the City of Fort Collins and
Town of Windsor has completed the work required by the Amended IGA but requires an
extension to continue public outreach, to incorporate any input from the outreach, and to
draft necessary documents for consideration by Council. The staff of both municipalities
have recommended that the December 6, 2011, deadline be extended in order to complete
the public outreach, draft necessary documents, and make their recommendations. The
deadline for all actions to be taken under the Amended IGA by December 6, 2011, should
be extended to April 3, 2012..
24. Resolution 2011-103 Adoptingthe he City's 2012 Legislative Policy Agenda.
Each year the Legislative Review Committee (LRC) develops a legislative agenda to assist
in the analysis of pending legislation. The Legislative Policy Agenda is used as a guide by
Council members and staff to determine positions on pending legislation and as a general
reference for our state legislators and' congressional delegation.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
Second Reading of Ordinance No. 145, 2011, Appropriating Unanticipated Grant Revenue
in the Cultural Services and Facilities Fund for the Planning and Design of an Art Incubator
Proposed for the Carnegie Building.
8. Second Reading of Ordinance No. 146, 2011, Appropriating Unanticipated Revenue in the
Capital Projects Fund, Mason Corridor Project for the Purchase of One Rapid Transit Bus.
Second Reading of Ordinance No. 147,2011, Authorizing the Purchasing Agent to Enter into
an Amendment and Extension of the Golf Professional Services Agreement for Collindale
Golf Course for up to Five Additional Years.
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November 15, 2011
10. Second Reading of Ordinance No. 148, 2011, Authorizing the Purchasing Agent to Enter
into an Extension of the Restaurant/Snack Bar Concession Agreement at Southridge Golf
Course for up to Five Additional Years.
11. Second Reading of Ordinance No. 149, 2011, Amending Chapter 2 of the City Code to Add
a New Section 2-506 Establishing a New Service Area to Be Known as Sustainability
Services.
12. Second Reading of Ordinance No. 151, 2011, Annexing Property Known as the Courtney
Annexation to the City of Fort Collins.
13. Second Reading of Ordinance No. 155, 2011, Authorizing Conveyance of a Non -Exclusive
Utility Easement on City Property to Public Service Company of Colorado.
28. Second Reading of Ordinance No. 150, 2011, Temporarily Suspending the Operation and
Enforcement of the Land Use Code and Zoning Map to Allow for a Temporary Overflow
Wintertime Night Shelter for the Homeless.
29. Second Reading of Ordinance No. 153, 2011, Annexing Property Known as the Leistikow
Annexation to the City of Fort Collins.
30. Second Reading of Ordinance No. 156, 2011, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2012; Amending the Budget for
the Fiscal Year Beginning January 1, 2012, and Ending December 31, 2012; and Fixing the
Mill Levy for Fiscal Year 2012.
Ordinances on First Reading were read by title by City Clerk Krajicek. .
12. Hearing and First 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.
14. First 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.
15. First 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.
16. First 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.
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November 15, 2011
17. First 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.
18. Public Hearing and First Reading of Ordinance No. 161, 2011, Amending Chapter 26 of the
City Code Relating To Utility Connection Fees And Miscellaneous Charges.
19. First 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.
20. Items Relating to Stormwater, Water and Wastewater Standard Development Specifications.
A. First Reading of Ordinance No. 163, 2011, Amending Chapter 26 of the City Code
to Establish and Provide for Technical Revision of Standard Development
Construction Specifications for the Water, Wastewater and Stormwater Utilities.
B. First Reading of Ordinance No. 164, 2011, Adopting Standard Development
Construction Specifications for the Water, Wastewater and Stormwater Utilities.
21. First 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.
29. Hearing and First 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.
31. Public Hearing and First Reading of Ordinance No. 166, 2011, Amending Chapter 26 of the
City Code to Revise Electric Rates, Fees and Charges. (Option A or Option B)
32. First Reading of Ordinance No. 167, 2011, Amending Chapter 23, Articles IX and X of the
City Code to Allow Electrical Assisted Bicycles on the City's Paved Trails for a One Year
Trial Period.
Eric Sutherland, 3520 Golden Currant, pulled Item No. 18, Public Hearing and First Reading of
Ordinance No. 161, 2011, Amending Chapter 26 of the City Code Relating To Utility Connection
Fees And Miscellaneous Charges.
City Manager Atteberry withdrew from the discussion of the Consent Calendar due to a conflict of
interest.
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt and approve
all items not withdrawn from the Consent Calendar. Yeas: Weitkunat, Manvel, Ohlson, Poppaw,
Horak and Troxell. Nays: none.
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THE MOTION CARRIED.
November 15, 2011
Consent Calendar Follow-up
Councilmember Troxell discussed the Veteran's Plaza grand opening.
Staff Reports
Karen Cumbo, Director ofPlanning, Development, and Transportation Services, provided an update
on storm debris removal and stated the costs of clean-up are on track with expectations.
Mark Sears, Natural Areas Program Manager, stated the Natural Areas Program recently received
a State Historic Fund grant and a Pulliam grant to aid in restoration of two structures at the Bobcat
Ridge Natural Area.
City Manager Atteberry stated Fort Collins Utilities received the Clean Tech Champion award from
the Colorado Clean Tech Industry Association.
Councilmember Reports
Councilmember Horak discussed the opportunities to meet the Poudre Fire Authority Chief finalists.
Mayor Weitkunat announced the City's quarterly receipt of more than $100,000 from the Platte
River Power Authority for dark fiber lease revenues.
Ordinance No. 150, 2011,
Temporarily Suspending the Operation and Enforcement of the Land Use Code
and Zoning Map to Allow for a Temporary Overflow Wintertime Night
Shelter for the Homeless, Adopted on Second Reading
The following is staff's memorandum for this item.
"EXECUTIVE SUMMARY
Recent years have seen an increase in the number of families and individuals seeking overnight
shelter at area homeless shelters. Construction is underway to expand shelter capacity at The
Mission; however, delays have pushed the completion date back to February 1, 2012. This
Ordinance, adopted 4-0 (Manvel absent, Poppaw withdrawn, Troxell absent at time of vote) on First
Reading on November 1, 2011, will temporarily suspend Land Use Code restrictions for an 8-week
period at the Knights of Columbus facility at 101 North Meldrum in order to be able to shelter
people on those winter evenings when other homeless shelters are full. "
Councilmember Poppaw withdrew from the discussion of Item No. 28, Ordinance No. 150, 2011,
Temporarily Suspending the Operation and Enforcement of the Land Use Code and Zoning Map to
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November 15, 2011
Allow for a Temporary Overflow Wintertime Night Shelter for the Homeless, due to a potential
conflict of interest.
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 150, 2011, on Second Reading. Yeas: Weitkunat, Manvel, Ohlson, Horak and Troxell. Nays:
none.
THE MOTION CARRIED.
Items Relating to the Leistikow Annexation and Zoning,. Adopted
The following is staffs memorandum for this item.
"EXECUTIVE SUVAL4RY
A. Second Reading of Ordinance No. 153, 2011, Annexing Property Known as the Leistikow
Annexation to the City of Fort Collins.
B. Hearing and First 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.
Ordinance No. 153, 2011, adopted on First Reading by a vote of 5-1 (nays: Ohlson) annexes the
Leistikow parcel. The parcel is 18.04 acres located east of Timberline Road and south of Trilby
Road. The property is a portion of the Leistikow Amended Minor Residential Division as approved
in Larimer County and addressed as 6732 South Timberline Road. Contiguity with the existing
municipal boundary is gained along the entire northern boundary which is shared with the
Westchase P. U.D. The Annexation includes a condition such that if the property develops as a
residential land use, the owner shall request disconnection from City so that Larimer County would
then be able to implement its Transfer of Density Units program. The effective term of this condition
is ten years.
Ordinance No. 154, 2011, will place 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.
Councilmember Troxell made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 153, 2011, on Second Reading. Yeas: Weitkunat, Manvel, Poppaw, Horak and Troxell. Nays:
Ohlson.
THE MOTION CARRIED.
Councilmember Troxell asked why Ordinance No. 154, 2011, was not presented with Ordinance No.
153, 2011, on First Reading. Ted Shepard, ChiefPlanner, replied the items went before the Planning
and Zoning Board at different times due to a notification glitch for the initial Planning and Zoning
Board hearing.
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November 15, 2011
Councilmember Troxell made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 154, 2011, on First Reading. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell.
Nays: none.
THE MOTION CARRIED.
Ordinance No. 156, 2011,
Being the Annual Appropriation Ordinance Relating to the Annual Appropriations
for the Fiscal Year 2012; Amending the Budget for the Fiscal Year Beginning
January 1, 2012, and Ending December 31, 2012; and Fixing the
Mill Lew for Fiscal Year 2012, Adopted on Second Reading
The following is staff, s memorandum for this item.
"EXECUTIVE SUM3L4RY
This Ordinance, unanimously adopted on First Reading on November 1, 2011,.amends the adopted
2012 Budget and sets the amount of $454, 382, 997 to be appropriated forfiscal year 2012. Including
the 2012 adopted budgets for the General Improvement District No. I of $303,179 and the Urban
Renewal Authority of $1,503,583, the total City appropriations amount to $456,189,759.
City Budget (in $ million)
Adopted Amended
2012 2012 Change
Operations
$405.3
$410.4
$5.1
Debt Service
23.2
23.2
-
Capital
19.1
22.6
3.5
Total City Operated Appropriations *
$447.6
$456.2
$8.6
Less Urban Renewal Authority (URA)
(1.5)
(1.5)
0.0
Less General Improvement District (GID)
(0.3)
(0.3)
0.0
Total City of Fort Collins Appropriation
$445.8
$454.4
$8.6
* This includes GID and URA which are appropriated in separate ordinances.
This Ordinance also sets the 2012 City mill levy at 9.797 mills, unchanged since 1991. "
Mike Beckstead, Chief Financial Officer, discussed the 2012 appropriations.
Eric Sutherland, 3520 Golden Currant, asked why the URA audit is not included in the annual audit
and discussed the legitimacy of charitable appropriations as per the City Charter.
Steve Yurash, 4821 Yellowstone Circle, asked about addressing on -bill financing in the budget
revisions and encouraged postponing a decision on that aspect of the budget. He noted the attrition
rate of Utilities employees should be considered as part of the budget as well.
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November 15, 2011
Ingrid Decker, Senior Assistant City Attorney, noted there is an exception to the rule prohibiting the
City from making appropriations to charitable entities not entirely under City control. The Public
Purpose exception allows for expenditures to be made when they result in a benefit to a substantial
portion of the community.
Brian Janonis, Utilities Executive Director, discussed the Energy Efficiency Income Assistance
program mentioned by Mr. Yurash. The item is in the budget; however the funds will not be
expended and the program will not move forward without additional Council approval. The 2012
budget includes funds for a "movement to market' in the electrical pay structure.
Mayor Pro Tern Ohlson asked about the placement of funding for home energy audits in the budget.
John Stokes, Natural Resources Director, replied a half-time position has been hired for the Healthy
Homes Initiative, which has been very successful in attracting volunteers as well. The program may
be more effective with a full-time employee. Beckstead confirmed there is funding available to
create that full-time position.
Councilmember Troxell made a motion, seconded by Councilmember Horak, to adopt Ordinance
No. 156, 2011, on Second Reading.
Mayor Pro Tern Ohlson proposed'a friendly amendment to increase the budget by $40,000 to allow
funding for a full-time employee for the Healthy Homes Initiative. Councilmembers Troxell and
Horak accepted the amendment.
The vote on the motion to adopt the Ordinance as amended was as follows: Yeas: Weitkunat,
Manvel, 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 Option A on First Reading
The following is staffs memorandum for this item.
"EXECUTIVE SUM3IARY
Staff has prepared two Residential Energy Rate Options for Council consideration. This electric
rate is used to bill about 55, 000 residential customers. Option A is a seasonal rate form, Option B
is a three -tiered seasonal rate. Both options increase the residential energy rate by an average of
6% over the current 2011 rate, however, the increase varies by season and customer usage. Both
options are proposed to be effective for billings with meter reading dates on or after February 1,
2012.
In three City Council work sessions, staffpresented electric rate design principles, four residential
rate options, a change to the residential demand rate and a pilot Time of Use rate for electric
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vehicles. At the September 13 Work Session, City Council also discussed a change to the General
Service (GS) or commercial rate proposed by staff that will result in two rate classes, a GS (up to
25 kW) and GS 25 (25 — 50 k9g. With the exception ofproposed changes to the residential electric
rate structure, these changes were adopted by Council on Second Reading November 1, 2011, along
with proposed rate increases.
At the October 11, 2011 Work Session, Council further reviewed four residential electric rate
options and answers provided by staff. Based on feedback from this work session, two rate
ordinances have been drafted for Council consideration andpublic notification has been completed.
BACKGROUND /DISCUSSION
Approximately 55,020 residential customers comprise this rate class. 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 plea or larger units.
As noted above, City Council has discussed options for changes to the electric rate structure at three
previous work sessions. Previous presentations and discussions have included information about
national trends related to utility rate structures, comparisons of City of Fort Collins rates compared
to other utilities within Colorado and nationally, customer rate impacts on various levels of use,
potential for impacts on low-income customers, expected customer response (price elasticity) and
impacts on the distribution system.
Based on City Council discussion, staff and consultants from SAIC have prepared background
information on the two options.
The current electric rate (single tier) has three components: (1) a fixed 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 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 of
purchase power. This energy charge currently does not vary based on the season or the amount of
electricity used by the customer. Through the end of 2011, the fired charge is $3.911bill (month);
the distribution/facilities charge is $0.0220 per kWh; and the energy charge is $0.0532 per kWh.
Based on the current tier structure,. the 6% rate increases adopted November 1, 2011 and effective
January 1, 2012, these charges would be: fixed charge, $4.481bill; distribution/facilities charge,
$0.02521kn; and energy charge, $0. 0540INPH. These charges are shown for comparison only and
are not among the proposed options.
Option A, Seasonal Rate
Option A, the Seasonal Rate structure, changes the current single tier or flat structure to a rate
structure that results in a higher rate per kWH in the summer months of June, July and August. This
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structure mirrors the rate structure adopted by Platte River Power Authority (PRPA), the City's
wholesale electric provider, and passes through the price charged by PRPA to residential
customers.
If adopted, Option A will have a fixed charge of $4.481bill; and a distribution/facilities charge of
0.0256/kWh. During the summer season billing months of June, July and August, the energy charge
will be $0.0640/kWh. During the non -summer season billing months of January through May and
September through December, the energy charge will be $0.05061HWH. As provided in the
Ordinance(Option A), 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.
Option A, the Seasonal Rate, is consistent with the current practice of directly passing through
PRPA costs to customers. Seasonal rates also are a simple time of use rate. A potential advantage
ofseasonal rates, in addition to recovering costs, may be a reduction in overall electricity demand
during the summer months due to reduced use of air conditioning (in response to higher priced
electricity during that period). A simple time of use rate may also serve as a step toward.d more
standard or traditional time of use rate that will be available by 2014, once the City's Advanced
Metering Infrastructure ("I) program is completed and residential customers have an advanced
meter. Data from AMI meters could then be used to determine an appropriate time -of -use
residential rate. A disadvantage of the Seasonal Rate is that it is a more limited price signal during
the non -summer months, resulting in a weak conservation signal to customers. Although it is not
as complex as Option B, the Seasonal Rate is a shift from the current single tier rate structure and
robust customer communication is planned for early 2012 with additional outreach prior to the
summer months.
Option A is planned to increase revenue from the Residential Energy Rate by 6%, which is
consistent with the projected increased revenue requirement for this customer class. The average
increase will be 16.8% in the three summer months and 2% in the non -summer months.
Option B, Seasonal, Three-tier Rate
Option B, the Seasonal Three-tier rate combines the rate recovery aspect of the Seasonal Rate with
an inclining block or tiered rate structure. If adopted, Option B will have the same fixed charge of
$4.481bill; and distributionffacilities charge of 0.0256/kn as Option A, the Seasonal Rate. The
inclining blocks or tiers will differ in the summer months of June, July and August from the
remaining months of the year. u
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.
b. for the next 500 kilowatt hours per month, per kilowatt hour: $0.0689.
C. for all additional kilowatt hours per month, per kilowatt hour: $0.1005.
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November 15, 2011
As with the proposed Seasonal Rate, 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.
b. For the next 500 kilowatt hours per month, per kilowatt hour: $0.0520.
C. For all additional kilowatt hours per month, per kilowatt hour: $0.0603.
Option B, the Seasonal Three -tiered rate, retains the cost recovery benefits of the Seasonal rate,
passing through costs from PRPA to the customer. It also sends a strong signal to large users of
electricity to incentivize conservation, and with the seasonal component, serve as a step toward
further implementation of a time -of -use rate, once the City's AMI project has been completed. The
rate is more complex and significantly different from the current single tier rate structure. As a
result, communication to all customers will be important throughout the year, with emphasis on the
summer months.
Option B also is planned to increase revenue from the Residential Energy Rate by 6%, similar to
Option A above. The average increase will be 16.8% in the three summer months and 2% in the
nine non -summer months. With this option, customer that use more than 700kWh monthly will see
larger percentage increases than most customers who use less than average.
Future Time -of -Use Rates
With the implementation of the Advanced Meter Fort Collins project underway, the amount of
information available from the new meters will improve the ability of the City's electric customers
to understand when and how much electricity is being used in significantly greater detail, opening
the door for a more eff cient pricing signal. Installation of the advanced water and electric meters
is expected to be completed by mid-2013. Once completed and supporting time -of -day data has
been gathered and analyzed, progression to time -of -day pricing (with or without tiers) can be
implemented utilizing the new information. As discussed at the October 13 Work Session, staff is
planning to develop and recommend a pilot time -of -use rate specifically targeted to plug-in electric
vehicle owners in 2612.
Conclusion
As discussed in previous meetings, the City's utility rates are designed to generate the revenue
needed for operations, capital requirements, and the purchase of electricity from PRPA. As a
municipal utility, rates are not designed to recover revenue above current requirements. This is
sometimes referred tows a zero -sum strategy. Regardless of the structure of the rate, the utility does
not design a rate to generate a profit.
The proposed rate changes are designed to assist in achieving City Council goals and support
customer choice in behavior related to their use of energy . These changes remain true to the City's
long -held values of fairness, equitability and financial responsibility. As mentioned above, staff
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November 15, 2011
anticipates the need for a robust communications to support the implementation of the new
residential rate forms, beyond the annual rate increase communication. Final planning will be
developed once the rate option is chosen.
FINANCIAL /ECONOMIC IMPACTS
Both options are designed to increase revenues from the Residential Energy Rate by 6%. When
combined with the Residential Demand and commercial rate increases approved by Council on
November 1, 2011 total Light and Power operating revenues are planned to increase 8 3%.
Residential Energy customers will experience an average increase of 6016, however, the impact of
Option B will be much higher for larger users and will be higher in the three summer months. The
Utilities provides many programs to assist our customers to reduce their energy usage and thereby
reduce their monthly electric bill.
Proposed changes to the Residential Energy Rate are designed to be revenue neutral. Since the
change to rate structure is likely to have a customer response, over or under collection of revenue
will be evaluated each year and incorporated into any needed rate changes on an annual basis. The
option adopted by City Council will determine individual customer impacts. Because there is a new
Seasonal component to the rate structure, financial impacts on customers will be greatest in the
three summer months. If the Seasonal Three-tier rate is adopted, financial impacts will be greatest
on large electricity users, especially in the summer months.
In some cases, customers generally use less electricity and do not have air conditioned homes or
use their air conditioner in the summer. This group of low users may experience minimal impact
to their monthly bills from a changed rate structure. Customers may choose to conserve electricity
by changing their use of electricity (adjusting the thermostat up or down, turning off lights, etc) or
by implementing efficiency measures such as insulation, high efficiency appliances. The City offers
a variety of conservation and efficiency programs to help customers reduce their electricity use and
may help lower bills.
Financial impacts on low income customers are also a consideration. Existingprograms that assist
this group of customers will be expanded in 2012, including an expanded efficiency financing
program.
ENVIRONMENTAL IMPACTS
Overall reduction in electricity use, whetherfrom conservation ofenergy efficiency measures result
in reduced Greenhouse Gas (GHG) emissions from fossil fuel generation. As noted previously,
tiered rate structures are used designed to help lower overall electricity use, especially among large
users. A seasonal rate may result in less electricity use in the summer months, but does not provide
a strong conservation message during the rest of the year. Customer response to the new rate
structure will determine the impact of reducing electricity use and overall environmental impacts
from generation. "
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November 15, 2011
Brian Janonis, Utilities Executive Director, discussed the rate options and noted Platte River Power
Authority (PRPA) will begin billing on a seasonal basis beginning January 1, 2012. The purpose
of revising the rate structure is to align rates with policies which call for carbon reduction and
energy efficiency, reduce consumption, avoid future capital costs of a new power plant, pass through.
the PRPA seasonal rate, and to meet increase revenue requirements. These rate increases would
become effective February 1, 2012 and both options generate the amount of revenue needed to meet
operating costs.
Eric Sutherland, 3520 Golden Currant, opposed the cost of the consultant hired by the City to
examine rate changes. and opposed the City's investment in the Smart Meter program.
Nancy York, 130 South Whitcomb, supported tiered rates.
Dr. Suzanne Bertram, 2306 Tanglewood, expressed concern about enforcing tiered rates for
individuals with allergies or asthma.
Virginia Farver, 1214 Bellview Drive, opposed the Smart Meter program and its increased cost.
Bill DeMarco, 913 Kimball Road, discussed the impact of a tiered rate structure.
Steve Yurash, 4821 Yellowstone Circle, suggested using a 5-tier rate structure.
Eric Levine, 514 North Shields, , supported a 3-tier rate structure with an expanded lower tier to
allow for a decrease in rates for energy -saving residents.
Phil Friedman, 201 South Grant Avenue, supported tiered rates.
Kevin Cross, Fort Collins Sustainability Group member, 300 Peterson, supported tiered rates with
exceptions for individuals with special medical,needs or electric vehicles, requiring additional
electricity.
Cheryl Distaso, Center for Justice, Peace, and Environment, 135 Sunset, supported tiered rates.
Rick Coen, 412 Garfield, supported tiered rates.
Steve Raymer, Mennonite Center Pastor, supported tiered rates.
Mayor Weitkunat asked staff to address the issue of individuals with medical conditions requiring
additional electricity. Ellen Switzer, Utilities Financial Operations Manager, replied medical
exemptions are used regularly around the country when tiered rates are adopted.
Councilmember Manvel asked if medical exemptions are part of this Ordinance or if the issue would
be handled administratively at a later date. Switzer replied staff anticipates bringing options before
Council in the near future.
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November 15, 2011
Councilmember Troxell asked if tiered rates impact peak use. Joe Mancinelli , SAIC Consulting,
replied the tiered rate structure encourages consumers to use less electricity over the course of the
month; however, it is not time specific per day. A slight reduction of 1 % or less in the system peak
is expected.
Councilmember Troxell noted peak consumption drives energy costs and stated the proposed rate
structure does not consider peak usage.
Councilmember Troxell asked about the timing of the Smart Meter Program implementation with
the proposed rate increases. Steve Catanach, Light and Power Operations Manager, replied there
is no association between the two.
Councilmember Manvel asked when Smart Meters would be placed on homes. Catanach replied
the initial deployment area is approximately 2.5 sgaure miles east of College Avenue and south of
Prospect Road and installations will begin in early February. Full deployment will begin June 1,
2012, and will be complete by early 2013.
Mayor Weitkunat clarified that the utility rate for Fort Collins Utilities customers will be increasing
6% regardless of the means of implementation and requested a reiteration of the reason for the
increase. Catanach replied the reasons for the increase include the Platte River Power Authority rate
increase and summer/non-summer structural change as well as the need to replenish Light and
Power reserves which have been used to fund capital improvements. However, this rate increase
will only lessen the rate of reserve fund use. The City Utilities are revenue neutral.
Councilmember Horak asked if the implementation of the Smart Meter program has an impact on
the rate increase. Catanach replied in the negative.
Councilmember Poppaw requested a comparison of Fort Collins' base rate to Longmont's base rate.
Bill Switzer, Utility Rate Analyst, replied the Fort Collins base rate is $4.48 plus 6% with this
increase and the Longmont base rate is $7.20. Fort Collins has one of the lowest base rates in the
area.
Councilmember Troxell asked when Longmont implemented its tiered rate. Catanach replied it was
approximately two years ago and is a very modest tiered rate.
Councilmember Troxell asked how residents will be kept informed regarding Smart Meter
installation and rate increases. Ellen Switzer, Utilities Financial Operations Manager, replied bill
inserts, direct communication, and open houses are planned throughout the spring. Staff levels will
also increase with the implementation of the Smart Meter program.
Councilmember Troxell asked how individuals will be able to calculate their new rate. Ms. Switzer
replied a rate calculator is available.
Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Option B
of Ordinance No. 166, 2011, on First Reading.
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November 15, 2011
Councilmember Manvel supported energy -conservation incentives.
Mayor Pro Tem Ohlson encouraged exploration of issues beyond peak demand and climate change.
Councilmember Troxell supported time of use rates and opposed tiered rates.
Councilmember Horak noted time of use rates would not be able to be implemented until at least
2014 when the Smart Meter program has been fully implemented. He encouraged staff to follow
up on medical exemption issues in the near future.
Mayor Weitkunat supported simple time of use rates and opposed tiered rates as a means of
adjusting social behavior.
The vote on the motion was as follows: Yeas: Manvel, Ohlson, Poppaw and Horak. Nays:
Weitkunat and Troxell.
19:I*uEel 11812EGYR:731e
("Secretary's note: The Council took a brief recess at this point in the meeting.)
Ordinance No. 167, 2011,
Amending Chapter 23, Articles IX and X of the City Code to to Update
the Language Regarding the Use of Motorized Devices by People with
Disabilities in Order to Be Consistent with Recent Federal Regulations under
the Americans with Disabilities Act, Adopted as Amended on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
Council has expressed interest in considering a trial period to allow electric assisted bicycles
(ebikes) on City paved trails. In response, the City Managerformed a cross -departmental team to:
investigate the relevant issues; gain input from associated boards and commissions; conduct a
public opinion survey; and find out how other cities are managing ebikes. City staffpresented this
information to the Council at the June 28, 2011 Work Session.
After reviewing the information provided at the work session, the City Manager's recommendation,
and other input received from citizens, Council supported consideration of a change to the City
Code to implement a one year trial period to allow electrical assisted bicycles on the City's paved
trail system. Council requested that staffprepare an ordinance to make the needed changes to the
City Code to implement the trial period and return to Council at a regular meeting for a
determination on whether or not the trial period should be implemented.
Adoption of Ordinance No. 167, 2011, implements a one year trial period allowing ebikes on City
paved trails from April 1, 2012 through March 31, 2013.
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BACKGROUND /DISCUSSION
INTRODUCTION
Council expressed interest in considering a trial period to allow ebikes on City paved trails. In
response, the City Manager formed a cross -departmental team to: investigate the relevant issues;
gain input from associated boards and commissions; conduct a public opinion survey; and find out
how other cities are managing ebikes on their trails. City staff presented this information to the
Council at its June 28, 2011 Work Session. (Attachment 2).
After reviewing the information provided at the Work Session, the CityManager's recommendation,
and other input received from citizens, Council supported consideration of a change to the City
Code to implement a one year trial period to allow electrical assisted bicycles (ebikes) on the City's
paved trail system. Council requested staff prepare an ordinance to make the needed changes to
the City Code to implement the trial period and return to Council at a regular meeting for a
determination on whether or not the trial period should be' implemented.
Council requested that. the trial period expire after one year unless renewed, be limited to paved
trails, and encompass an uninterrupted warm weather season. Council also indicated the trial
period should be limited only to ebikes, which should be defined to exclude other electric vehicles
or devices like mopeds, motorcycles, skateboards and scooters.
Council also requested that staffprepare a plan to educate the community about the rights ofpeople
with mobility impairments to use ebikes on the trails and also help educate the community about
trail etiquette, warnings, safety and the recreational purpose of the trail system. Additionally,
Council asked staff to develop a plan to gather information and assess the impacts of ebike use
during the trial period. Issues regarding safety, conflicts with other trail users, impacts to wildlife,
public opinion and related issues were to be -addressed.
CODE CHANGES
Adoption of Ordinance No. 167, 2011, implements a one year trial period allowing ebikes on the
City's paved trails and clarifies that people with mobility disabilities can use ebikes and other
power -driven mobility devices on the trails (as required by the Americans with Disabilities Act
(ADA)) by making the following changes to Chapter 23 of the City Code:
1. Defines a "bicycle " by adopting the definition used in the Fort Collins Traffic Code.
2. Defines an "Electrical Assisted Bicycle:
Electrical assisted bicycle shall mean a vehicle having two (2) tandem wheels, or two
(2) parallel wheels and one (I) forward wheel, fully operable pedals, an electric motor
not exceeding seven hundred fifty (750) watts ofpower and a top motor powered speed
of twenty (20) miles per hour, which also has a tire size of not more than three (3) inches
in width, a wheel diameter of not less than fourteen (14) inches, and a weight of not
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November 1 S, 2011
more than seventy-five (75) pounds. A bicycle with an electric powered bike trailer that
meets the power and speed limitations listed above is also considered an electrical
assisted bicycle. The electric powered bike trailer need not meet the above wheel and
tire requirements.
3. Defines "Mobility Disability " and "Other Power -Driven Mobility Device "by adopting the
definitions in the ADA.
4. Modifies the prohibition against operating a motor vehicle or other motorized means of
conveyance in or on a natural area, park, or trail by allowing ebikes to be ridden on paved
trails from April 1, 2012 through March 31, 2013.
5. Clarifies that a person with a temporary or permanent mobility disability is allowed to use
a motorized wheelchair or other power -driven mobility device in City natural areas, parks
and trails, in accordance with City regulations.
0UTREACHAND EDUCATION
City staff has launched the education campaign to inform citizens that people with mobility
disabilities are allowed to use ebikes and other power -driven mobility devices on City trails.
Articles in City News, Fort Shorts and Neighborhood News are beingpublished and the information
is also posted on the City's web page and social media outlets.
In the spring of 2012, staff will launch an outreach campaign on trail etiquette to remind citizens
to share the trail, give audible warnings, stay to the right, ride at controlled speed, stay alert! and
similar messages. The campaign will include: press releases, videos on Cable 14 and on-line;
posters; partnerships with bike shops; FCBikes materials, the Recreator, Natural Areas Tracks and
Trails publication, and social media. If Council approves the ebike trial period, the trail etiquette
campaign will be expanded to publicize the trial period, including the on-line feedback form to
gather citizen input. In mid -summer staff will engage in additional outreach to promote the on-line
ebike feedback form and reinforce the trail etiquette message, with additional reminders deployed
in the fall.
Finally, staff will be improving the signage along the trail system. Signage will be standardized and
will include stop signs, warnings about sharp curves or steep grades, trail etiquette reminders,
wayfinding and distances and directions to parks, natural areas and public facilities.
SURVEYS
Staff has been conducting trail use surveys to gather information on how the trails are being used.
The surveys record the number of users in a 30 minute time frame, what they are doing (walking,
running, biking, rollerblading, skateboarding etc) and related information. Trail maintenance staff
and rangers also have good information on trail use from the time they spend on the trails. This
information provides a general baseline of trail use information that can be compared against
information gathered during the ebike trial period, if it is implemented. Staff will conduct trail use
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surveys (using volunteers and paid hourly workers) during the trial period and will include
information on ebike use, user conflicts,' safety issues and impacts on wildlife. Trail maintenance
staff and rangers will also be asked to report on ebike use they observe on the trails. The public will
also be encouraged to report their observations and experiences with ebikes on the trails through
the City's on-line feedbackform.
FURTHER COUNCIL ACTION
If the ebike trial period is implemented, and prior to the expiration of the trial period, staff will
provide Council with all the information gathered during the trial period. Council can then
determine if the trial period should be extended, made permanent, or be allowed to expire.
FINANCIAL /ECONOA11C h1VIPACTS
Minimal funding may be needed to pay hourly staff to conduct trail use surveys. The cost is
estimated at less than $5, 000 and is currently budgeted.
ENVIRONMENTAL LWACTS
Environmental impacts from ebikes on the trails is unknown but will be assessed during the trial
period. "
Marty Heffernan, Director of Culture, Parks, Recreation, and Environment, discussed the research
efforts and public participation aspects of allowing ebikes on the City's paved trail systems. This
Ordinance would allow ebikes on the trails for a trial period of one year, beginning April 1, 2012.
Individuals with mobility disabilities are allowed to use ebikes on City trails as per the Americans
with Disabilities Act.
Bill DeMarco, 913 Kimball Road, supported allowing ebikes on trails.
Michael Robertson, Fort Collins resident, supported allowing ebikes on trails.
Dottie Spivak, 1914 Lookout Lane, opposed allowing ebikes on trails.
Ray Jenkins, 950 Southridge Greens. Boulevard, opposed allowing ebikes on trails.
Dawn Tice, 3722 Dalton Drive, supported allowing ebikes on trails.
Mike McGrath, Fort Collins resident, opposed allowing ebikes on trails.
Leroy Cynkar, 2614 West Prospect Road, supported allowing ebikes on trails.
Charles Sturgill, 2808 Sunstone Drive, opposed allowing ebikes on trails.
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November 15, 2011
Councilmember Manvel asked why electric scooters and Segways are not allowed as part of this
Ordinance. Heffernan replied Council provided direction to limit the trial period to traditional
bicycles with electric assist and sidekick trailers.
Councilmember Manvel asked if it will be obvious that a bike meets the criteria as it is traveling on
the trail. Heffernan replied the engine size limits should self -regulate the speed limit.
Councilmember Manvel asked if input from trail users has been sought. Heffernan replied in the
negative but stated it could occur should the trial period be implemented.
Councilmember Troxell made a motion, seconded by Mayor Weitkunat, to adopt Ordinance No.
167, 2011, on First Reading.
Councilmember Horak made a motion, seconded by Mayor Pro Tern Ohlson, to amend the
Ordinance to eliminate the trial period for ebikes and to only update the Code language regarding
the use of motorized devices by people with disabilities.
Deputy City Attorney Daggett suggested developing a new Ordinance related only to that subject
matter.
Mayor Pro Tem Ohlson stated, if Council's directive is to ban ebikes, it should be made clear that
ebikes are banned with the exception of individuals with mobility disabilities.
Councilmember Horak outlined the changes his amendment would make to the Ordinance.
Councilmember Troxell asked about the current Code language with regard to the ADA. Deputy
City Attorney Daggett replied the current Code language is minimally adequate and is interpreted
and applied to comply with the ADA. The proposed Ordinance would clarify language to be more
consistent with the ADA language.
Councilmember Manvel stated ebikes may be more suited for street use than paved trail use. He
stated his informal survey of trail users showed a majority of respondents were opposed to allowing
ebikes on the trail system.
Mayor Weitkunat supported the use of ebikes on the City's paved recreational trails, citing the City's
desire to include alternate modes of transportation on multi -use trails and the fact that federal and
state regulations consider ebikes to be bicycles. She opposed amending the Ordinance.
Councilmember Troxell agreed with Mayor Weitkunat.
Councilmember Manvel supported the motion to amend and opposed the use of ebikes on the City's
recreational trails.
Mayor Pro Tern Ohlson stated staff and Council will be examining the City's recreational trail
system.
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November 15, 2011
Councilmember Horak stated there is no need to allow ebikes on City trails and they are more
appropriate for street bike lanes.
Councilmember Poppaw stated the City and the trail system are not prepared for this change and
supported the amended version of the Ordinance.
The vote on the motion to amend Ordinance No. 167, 2011 was as follows: Yeas: Manvel, Ohlson,
Poppaw and Horak. Nays: Weitkunat and Troxell.
THE MOTION CARRIED.
Councilmember Troxell stated he would not support the amended Ordinance as it was presented
with false intent.
Mayor Pro Tern Ohlson supported the ban on ebikes on recreational trails.
Councilmember Horak noted the amended Ordinance title has been changed to make the Ordinance
more accurate and simply deletes language.
Mayor Weitkunat stated deleting the language changed the intent and direction of the Ordinance set
before Council.
The vote on the motion to adopt Ordinance No. 167, 2011, as amended, was as follows: Yeas:
Manvel, Ohlson, Poppaw and Horak. Nays: Weitkunat and Troxell.
THE MOTION CARRIED.
Ordinance No. 161, 2011,
Amending Chapter 26 of the City Code Relating To Utility
Connection Fees And Miscellaneous Charges, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUS LIL4RY
This Ordinance 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 $.lL 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.
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November 15, 2011
BACKGROUND I DISCUSSION
The Ordinance increases the after-hours service connection fees from $46.00 to $85.35 for
customers who request utility connection on weekends or holidays and after 5: OOp. m. on weekdays.
The proposed change reflects the Utilities ' costs to connect the utilities after normal working hours.
The Ordinance also establishes a trip charge for special requests for service during working hours.
(Example: temporary disconnect requested by an electrician or plumber working on a customer
premise) The fee would not apply for service requests related to system outage or repairs.
A monthly fee for manual meter reading is also established by the ordinance. This will be a fee to
recover the cost of manual meter readings for customers who choose to opt out of the Advanced
Meter Fort Collins program for electric and/or water meters. The manual meter reading charge
is proposed to be $11.00 per month for one or both metered services. The fee is calculated to cover
the cost of labor and equipment required to make a manual read of the meter(s) each month. All
customers are eligible and encouraged to participate in Advanced Meter Fort Collins. Those
customers who allow the installation of an advanced meter will not require a manual reading and
will not incur this fee. The fee will not become effective until after advanced metering infrastructure
is installed in the non participating customer's vicinity. The fee is not intended to be a penaltyfor
opting out ofAdvanced Meter Fort Collins but is an equitable means to recover the costs of reading
the optional mechanical meters.
FINANCL4L /ECONOMIC IMPACTS
The proposed fees cover the Utilities' expense of providing the service connections and manual
meter reads from those customers who cause Utilities to incur the expense. Customers who opt out
of Advanced Meter Fort Collins will not have granular utility usage data available to aid them in
making well-informed water and electric purchasing decisions.
ENVIRONMENTAL I11,IPACTS
Monthly manual meter reading will require vehicle miles that are normally avoided through the
advanced metering infrastructure. In addition, customers who opt oiwof Advanced Meter Fort
Collins will not have granular metering data available to aid it;electricity and water conservation
and efficiency. "
Eric Sutherland, 3520 Golden Currant, opposed the $11 opt -out fee. for the automated meter reading
program. He suggested the Smart Meter program will not actually result in cost savings.
Steve Catanach, Light and Power Operations Manager, stated additional information regarding the
$11 fee will be provided prior to Second Reading. It was derived by the cost expended to dispatch
an individual to manually read a meter. The amount may need to be refined based on the number
of households which opt out of the program.
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November 15, 2011
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 161, 2011, on First Reading. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell.
Nays: none.
THE MOTION CARRIED.
Other Business
Mayor Pro Tern Ohlson discussed a memo received by Council dealing with a pilot program
involving CSU and Transfort to provide safe rides home from the downtown area on weekends. He
stated the issue should be brought forth for Council input and community discussion.
Councilmember Poppaw agreed the topic should be publically vetted.
Councilmember Horak suggested appropriate Boards and Commissions be involved as well. City
Manager Atteberry stated that should be possible in the next three weeks.
r
Councilmember Troxell suggested John Toliver's name for the alley naming project noting lifelong
Fort Collins residency and legacy make him an ideal candidate.
Adjournment
The meeting adjourned at 10:15 p.m.
ATTEST: 2^0
FORT
City Clerk
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