HomeMy WebLinkAboutMINUTES-10/21/2014-RegularOctober 21, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Staff present: Atteberry, Daggett, Nelson.
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• CITIZEN PARTICIPATION
Rex Peterson, Boy Scout Troop leader, stated his troop is here to learn about City government.
Josh Kerson, Fort Collins resident, encouraged Council to allow electric bikes on multi -use
paths.
Mike Pruznick, Fort Collins resident, expressed concern that Fort Collins' emergency cases are
being transported to Medical'Center of the Rockies.
Fred Kirsch, Community for Sustainable Energy, discussed public awareness of sustainable
energy and requested an improved efficiency financing program.
Eric Sutherland, 3520 Golden Currant, discussed Item No. 12, First Reading of Ordinance No.
149, 2014 Approving a First Amendment to the Agreement with Woodward, Inc., encouraging
the creation of a special improvement district, and stated Item No. 3, First Reading of Ordinance
No. 139, 2014 Being the Annual Appropriation Ordinance for the Fort Collins Downtown
Development Authority Relating to the Annual Appropriations.for Fiscal Year 2015 and Fixing
the Mill Levy for the Downtown Development Authority for Fiscal Year 2015, should have been
pulled off the Consent Calendar and further vetted.
Cheryl Distaso, Fort Collins Community Action Network, discussed changes to the
Sustainability Department and encouraged additional emergency shelters and lockers for
homeless individuals.
Lisa Nothen, 433 Bow Creek Lane, discussed parking and transportation issues on the south side
of town.
Desiree Fisk, Fort Collins Homeless Coalition, encouraged efforts to continue with the
discussions regarding needs for homeless individuals.
City of Fort Collins Page 425
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Troxell encouraged a trial period for allowing electric bikes on City multi -use
trails.
• CONSENT CALENDAR
Councilmember Cunniff withdrew Item No. 10, First Reading of Ordinance No. 146, 2014,
Revising Chapter 26 of the City Code Regarding Payments in Lieu of Taxes and Franchise Fees,
and Specifying that the Operation and Maintenance of the Street Lighting System is an In Kind
Payment by the Light & Power Fund in Lieu of Taxes and Franchise Fees, from the Consent
Calendar.
Michael Pruznick, Fort Collins resident, withdrew Item No. 9, Itenis Relating to the Ethics
Review Board Changes, from the Consent Calendar.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Wade Troxell, District 4
AYES:
Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the September 23, 2014 Adjourned Council
Meeting and the October 7, 2014 Regular Council Meeting. (Adopted)
2.
3.
The purpose of this item is to approve the minutes from the September 23, 2014 Adjourned Council
meeting and the October 7, 2014 Regular Council meeting.
The 2015 annual operating budget for the Airport totals $844,530, and will be funded from Airport
operating revenues, contributions from the Cities of Fort Collins and Loveland ($177,500 from each
City), and interest earnings. This Ordinance authorizes the City of Loveland to appropriate the City
of Fort Collins contribution, which is a 50% share of the 2015 Airport budget and totals $422,265.
This Ordinance also appropriates the City's 50% share of capital funds, totaling $442,500 for the
Airport from federal and state grants; contributions from Fort Collins and Loveland; and the Airport
General Fund. Most of the 2014 Airport capital funds, totaling $885,000, will be used to complete
major Airport improvements including the second phase of the construction of a snow removal
equipment storage facility, and the rehabilitation of roadways.
Year 2015. (Adopted)
The purpose of this item is to set the Downtown Development Authority ("DDA") 2015 Operations
and Maintenance Budget amount of $744,084 to be appropriated for fiscal year 2015 for the
administrative operations budget, appropriate .the 2015 Line of Credit Draw in the amount of
$1,000,000, set the amount of $3,191,396 for debt service payments to be appropriated for fiscal
year 2015 and set the 2015 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since tax
City of Fort Collins
Page 426
year 2002. The approved Budget becomes the Downtown Development Authority's financial plan for
2015.
4. Postponement of First Reading of Ordinance No. 128, 2014, Establishing Regulations for
Persons Cultivating Marijuana in Non -Residential Structures Indefinitely. (Adopted)
Staff requests postponement of this item indefinitely to allow time to review suggestions brought
forward by caregivers and to ensure regulations are consistent with the Fire Code, Building Code,
and the intent of the regulations.
5. Second Reading of Ordinance No. 129, 2014, Appropriating Unanticipated Revenue from the
Colorado Department of Transportation into the Capital Projects Fund - City Bridge Program
Project for the West Mulberry Street Bridge Replacement. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 7, 2014, appropriates grant
funds received from the federally funded Colorado Off -System Bridge Program in the amount of
$700,000. This funding is for the replacement of the West Mulberry Street Bridge over the New
Mercer Ditch, a structurally deficient bridge owned by the City.
6. Items Relating to the Clydesdale Park First and Second Annexations. (Adopted)
A. Second Reading of Ordinance No. 131, 2014, Annexing Property Known as the Clydesdale Park
First Annexation.
B. Second Reading of Ordinance No. 132, 2014, Amending the Zoning Map and Classifying for
Zoning Purposes the Property included in the Clydesdale Park First Annexation.
C. Second Reading of Ordinance No. 133, 2014, Annexing Property Known as the Clydesdale Park
Second Annexation.
D. Second Reading of Ordinance No. 134, 2014, Amending the Zoning Map and Classifying for
Zoning Purposes the Property included in the Clydesdale Park Second Annexation.
These Ordinances, unanimously adopted on First Reading on October 7, 2014, annex and zone the
existing Clydesdale Park subdivision located east of Interstate 25, south of the intersection of East
Mulberry Street and Carriage Parkway. Clydesdale Park includes 217 single-family residential lots on
approximately 75 acres. Residents of the Clydesdale Park neighborhood have requested
annexation. The' requested zoning for these annexations is the Low Density Mixed -Use
Neighborhood District (L-M-N), which is in compliance with the City of Fort Collins Structure Plan.
7.
This Ordinance, unanimously adopted on First Reading on October 7, 2014, appropriates an
additional $254,000 for the Transmission Line Relocation portion of the Woodard Public
Improvements Project.
8. Items Relating to Appropriating Prior Year Reserves and Unanticipated Revenue in Various
City Funds and Authorizing the Transfer of Appropriated Amounts between Funds or
Projects. (Adopted)
A. First Reading of Ordinance No. 140, 2014, Appropriating Prior Year Reserves and Unanticipated
Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts Between
Funds or Projects.
B. First Reading of Ordinance No. 141, 2014, Appropriating Prior Year Reserves in the Benefits
Fund for Unanticipated Expenditure Increases.
City of Fort Collins Page 427
C. First Reading of Ordinance No. 142, 2014, Appropriating Prior Year Reserves in the
Transportation Services Fund to be Used to Cover Snow Removal Expenses.
D. First Reading of Ordinance .No. 143, 2014, Appropriating Prior Year Reserves in the Self -
Insurance Fund for Insurance Expenses.
The purpose of this item is for the Annual Year -End Adjustment. This year it is comprised of 4
separate ordinances. Ordinance No. 140, 2014, is for the appropriation of non -controversial
expenses related to unanticipated revenue, grants, and unforeseen costs that had not previously
been budgeted. Ordinance No. 141, 2014, appropriates funds from the Benefits Fund to cover
unanticipated expenditures and employee benefits. Ordinance No. 142, 2014, appropriates funds for
snow removal for the remainder of 2014 as the entire snow removal budget has been spent.
Ordinance No. 143, 2014, appropriates prior year reserves for property and liability claims that are
expected to exceed budget.
9. Items Relating to City Code Clarifications for Plant Investment Fees. (Adopted)
10.
A. First Reading of Ordinance No. 147, 2014, Amending Chapter 26 of the City Code to Revise
Water Plant Investment Fees, Excess Water Surcharge Rates and Raw Water Requirements for
Meters Larger Than Two Inches in Size.
B. First Reading of Ordinance No. 148, 2014, Amending Section 26-284 of the City Code to Clarify
the Calculation of Infiltration and Inflow in Determining Sewer Plant Investment Fees.
The purpose of this item is to address several sections of Chapter 26 of the City Code relating to
how plant investment fees are calculated and when the Excess Water Use Surcharge is applicable.
These changes do not impact the amount charged for plant investment fees or the Excess Water
Use Surcharge but rather seek to clarify the exact calculation of the fees.
The purpose of this item is to amend the Agreement with Woodward, Inc. and the Fort Collins
Downtown Development Authority by changing a key date in the requirement of the City. Manager to
present City Council with a package to renew the Building on Basics dedicated sales tax including
funding for Lincoln Boulevard Improvements.
On April 2, 2013, City Council approved (6-1; Nays: Ohlson) on Second Reading the "Agreement
with Woodward, Inc." relating to the relocation and construction of the company's headquarters and
expanding its manufacturing and office facilities" (the "Agreement"). The Fort Collins Downtown
Development Authority ("DDA") is also a party to .the Agreement. The Agreement authorized a
business assistance package that includes the reimbursement and rebate of taxes and contemplates
construction of several public improvement projects.
One aspect of the Agreement (Section 4.1(d)) relates specifically to improvements to Lincoln
Boulevard. The Agreement contemplates that the City Manager will submit a package for City
Council's consideration that would help fund these improvements "by a renewal of the Building on
Basics dedicated sales tax ... on a schedule to allow consideration of that measure by voters no later
than November 2014." The current schedule contemplates consideration of a renewal of the Building
on Basics dedicated sales tax in April 2015. Therefore, the Agreement requires amendment to reflect
the new schedule and date.
The purpose of this item is to vacate a trail easement, located between Centre Avenue and Bay
Road, that was obtained from Colorado State University Research Foundation (CSURF) in 1979
(including any prescriptive rights that may exist). This segment of the Spring Creek trail was
City of Fort Collins Page 428
replaced with a new and superior alignment in 2013 from an additional trail easement obtained from
Colorado State University (CSU) and Colorado State University Research Foundation.
12. Resolution 2014-096 Adopting an Updated Process for City Council Evaluation of the
Performance of the City Manager, City Attorney and Municipal Judge. (Adopted)
The purpose of this item is to modify the performance evaluation process for the City Manager, City
Attorney and Municipal Judge (Employees) to allow for flexibility in the methods used to gather input
from Councilmembers for the annual performance review and to remove the requirement for a
separate meeting with the Mayor, Mayor Pro Tern and each Employee to discuss the Employee's
compensation and benefits.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff requested information regarding the future of the Airport. City
Manager Atteberry replied the Airport Steering Committee met recently to examine the Airport's
strategic visioning and tactical plan.
• STAFF REPORTS
Chief Gary Barbour, Frederick Police Chief and 2"d Vice President of the Colorado Association
of Chiefs of Police, presented Chief Hutto with a certificate from the Colorado Police Chiefs and
Sheriffs Association, verifying that Fort Collins Police Services has met the State standards for
accreditation. He discussed the standards which must be met in order to be accredited.
• COUNCILMEMBER REPORTS
Councilmember Cunniff reported on a meeting with representatives from Poudre School District
and Latimer County. Bbudget items and swimming pool funding were discussed.
Councilmember Troxell reported on a visit to Niner Bikes and its receipt of the Governor's
Award for Colorado Companies to Watch.
Mayor Weitkunat reported on the Niner Bikes visit and Fort Collins four winners of the
Governor's Award. Additionally, she reported on the Finance Committee meeting in which a
long term financial plan was discussed.
• CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS
13.
(Postponed to October 28,
The purpose of this item is to codify the longstanding City policy and practice whereby the Light &
Power Fund has been responsible for providing municipal street lighting as an in -kind payment to the
General Fund as part of the Electric Utility's payment in lieu of taxes and franchise fees. The
Ordinance also revises the language related to the Water and Wastewater Funds' required 6%
payment to the General Fund to clarify that this is a payment in lieu of taxes and franchise fees (as
opposed to just a payment in lieu of taxes). This change is consistent with Article V, Section 23 of
City of Fort Collins Page 429
the City Charter and with the wording used in City Code to reference the same fee paid by the Light
& Power Fund.
Councilmember Cunniff stated he pulled this item due to questions relating to legal issues and
suggested the possibility of an executive session or postponement of consideration of the item.
Eric Sutherland, 3520 Golden Currant, stated this item should receive additional consideration.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to postpone
consideration of this item to the October 28 adjourned meeting.
Councilmember Troxell requested rationale for the postponement request. Councilmember
Cunniff replied he has unanswered questions regarding legal issues and would like to ask them in
an Executive Session.
Councilmember Troxell asked if the Executive Session could occur between readings.
Councilmember Cunniff replied he would like the information prior to First Reading.
RESULT: POSTPONED TO October 28, 2014 [6 TO 1]
MOVER: Ross Cunniff, District 5
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Cunniff, Horak
NAYS: Troxell
• DISCUSSION ITEMS
14. Items Relating to the Disposable Bags Referendum Petition. (Ordinance No. 152, 2014,
Adopted on First Reading)
A. Presentation of a Certified Petition Seeking to Repeal Ordinance No. 099, 2014, Amending
Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags. (No Action
Needed)
AND
B. First Reading of Ordinance No. 151, 2014, Repealing Ordinance No. 099, 2014, Amending
Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags.
rel. I
C. First Reading of Ordinance No. 152, 2014, Calling a Special Election for the Purpose of
Submitting to the Registered Electors a Citizen Referendum of Ordinance No. 099, 2014
Amending Chapter 12 of the Code of the City of Fort Collins Establishing Regulations Regarding
Disposable Bags
r!W
D. Resolution 2014-097 Referring Ordinance No. 099, 2014, Amending Chapter 12 of City Code to
Establish Regulations Regarding Disposable Bags to a Vote of the Registered Electors of the City
at the Next Regular Municipal Election on April 7, 2015.
On September 29, 2014, a referendum petition was filed with the City Clerk's Office seeking to
repeal Ordinance No. 099, 2014, Amending Chapter 12 of City Code to Establish Regulations
Regarding Disposable Bags. On October 10, 2014, the City Clerk determined that the referendum
petition was sufficient, absent a protest being filed by the October 9 deadline.
City of Fort Collins Page 430
Upon presentation to the Council of a petition certified as sufficient for referendum, the operation of
the ordinance in question is automatically suspended pending repeal by the Council or final
determination by the voters. If the ordinance is not repealed, the Council must refer the ordinance to
a vote of the registered electors at the next regular or special City election scheduled for any other
purpose.
If the Council chooses to refer the measure to the voters, the Council may call a special election for
this specific purpose. The earliest practical opportunity for a special election would be January
2015.
If the Council chooses to wait until April 2015 to have the voters consider this issue, Resolution
2014-097 is presented to place the issue on the ballot and set the ballot language. If Council opts
for a special election on another date, a revised Resolution will be presented to Council on
November 4 in conjunction with Second Reading of the Ordinance calling the special election.
City Clerk Nelson stated the purpose of this item is to present to Council a certified referendum
petition. She reviewed the history of the disposable bag fee Ordinance and outlined Council's
options: repealing of Ordinance No. 099, 2014, referring the Ordinance to the April 7, 2015
regular election, or referring the Ordinance to a special election.
Mike Pruznik, Citizens for Recycling Choices President, supported repealing the Ordinance.
Dana Nance, 4215 Applegate Court, discussed plastic bags being made in the U.S. and reusable
bags being made in China.
Cathy Zitti, Fort Collins resident, supported repealing the Ordinance.
Lisa Nothen, 433 Bow Creek Lane, supported repealing the Ordinance and stated the
recordkeeping requirements are burdensome.
Robert Unfug, Fort Collins resident, supported repealing the Ordinance.
Joe Piesman, Fort Collins resident, supported the original Ordinance for the bag fee focused on
grocery stores. He supported allowing a vote on the issue.
Jeff Bailey, Citizens Against Bag Traces President, supported repealing the Ordinance.
Grant Hoekstra, 573 Dennison Avenue, supported repealing the Ordinance.
Rudy Zitti, Fort Collins resident, supported repealing the Ordinance.
Jim Burrill, 305 North Meldrum, supported repealing the Ordinance.
Councilmember Troxell requested an update regarding the City's use of plastic bags. City
Manager Atteberry replied that is a difficult issue, particularly with regard to the Parks
Department. He stated specific solutions will be forthcoming. Jeff Mihelich, Deputy City
Manager, replied staff has completed a robust look at the City's use of plastic bags throughout its
operations and have determined compostable bags will be a remedy for many situations. He
stated a more formal report will be forthcoming and implementation can occur immediately.
Councilmember Troxell thanked those who organized the citizen initiative.
City of Fort Collins Page 431
Councilmember Troxell made a motion, seconded by Mayor Pro Tern Horak, to adopt Ordinance
No. 151, 2014, repealing Ordinance No. 099, 2014.
Councilmember Poppaw stated she would not support the motion and stated she would like
citizens to have the opportunity to vote on the issue.
Councilmember Cunniff stated he would support the motion despite his belief that an election
could potentially result in voters upholding the ban.
Councilmember Campana expressed his belief that the City can be more innovative in its
approach to waste management and commended the overall process.
Mayor Pro Tern Horak stated he would support the motion.
Councilmember Troxell supported allowing consumers to do the right thing at the point of
purchase.
Councilmember Campana commended the City organization's efforts at reducing plastic bag use.
Mayor Weitkunat stated she would support the motion and expressed respect for the process.
RESULT: ORDINANCE NO. 151, 2014, ADOPTED ON FIRST READING [6 TO 11
MOVER: Wade Troxell, District 4
SECONDER: Gerry Horak, District 6
AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
NAYS: Poppaw
15. Resolution 2014-098 Establishing Priority Actions to Create Zero Waste in Fort Collins.
(Adopted as Amended)
The purpose of this item is to present a resolution that expresses commitment to Fort Collins' goal of
Zero Waste by 2030. The resolution enumerates strategic actions for the City to take now and in
coming years, which were developed for the Road to Zero Waste Plan to deliberately and
systematically drive progress forward over the next decades.
Lucinda Smith, Environmental Services Director, stated this Resolution identifies major steps
which can be taken on the City's road to zero waste.
Susie Gordon, Senior Environmental Planner, discussed the City's waste reduction goals and
stated this Resolution would reinforce the City's commitment to its zero waste goals and will
increase waste diversion from landfill disposal.
Joe Piesman, Fort Collins resident, supported the Resolution and supported funding for a
regional recycling center and organics transfer station as well as a waste to clean energy
program.,
Mike Pruznick, Fort Collins resident, supported the spirit of the Resolution but requested
additional research on certain items. He supported solutions that generate choices rather than
parental government.
City of Fort Collins Page 432
Mayor Pro Tem Horak questioned how this Resolution relates to the budget offers for the
upcoming budget. Smith discussed the Environmental Services budget offers and stated funding
for those will provide a good start toward funding for these items. City Manager Atteberry
clarified those items are funded in the proposed recommended budget.
Councilmember Cunniff asked if resources are adequate to study and inform Council in time for
the mid -year budget adjustment. City Manager Atteberry replied in the affirmative and stated it
would be rushed to attempt an offer before the budget is adopted.
Councilmember Troxell stated waste should be thought of as a resource. He, asked about a waste
stream analysis. Smith replied the waste stream analysis budget offer would provide funding to
help evaluate working with regional partners.
Councilmember Troxell asked how citizens can be assured this Resolution is not a back door to
another bag fee item. City Attorney Daggett replied Council could express its desire to not see
that issue come forward as part of this effort.
Councilmember Conniff made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-098 as amended per Councilmember CunnifPs language.
Councilmember Conniff read his proposed language changes.
Mayor Weitkunat expressed concern regarding the inclusion of a specific date for construction of
the recycling facility.
Councilmember Conniff stated his concern was that the previous language could imply that the
budget offers would not even begin construction until that date.
Mayor Pro Tern Horak suggested reinserting "by December 31, 2016" meets the same intent.
Councilmembers Cunniff and Troxell accepted the language change as a friendly amendment.
Councilmember Troxell requested clarification on Councilmember Cunniffs language change
relating to certain household hazardous waste. Councilmember Conniff replied he was intending
to refer to the plans staff had developed on which hazardous household waste would be
recyclable. Gordon replied four items were considered: antifreeze, batteries, used oil and paint.
Councilmember Cunniff stated the phrase could be replaced with the detailed list.
Councilmembers held a brief discussion regarding packaging used by larger retailers.
Councilmember Troxell suggested striking section D as proposed by Councilmember Cunniff.
Councilmember Cunniff stated he would not support that change.
Mayor Pro Tent Horak suggested leaving the first clause in section D and eliminating specifics in
order to allow staff the flexibility to look at ideas. Councilmembers Troxell and Cunniff
accepted the compromise language.
Councilmember Troxell stated he would like to add a Whereas clause indicating Ordinance No.
151, 2014, was passed on First Reading. City Attorney Daggett suggested language indicating
Council has opted to reach its zero waste goals through means other than bag fees or taxes.
Councilmembers Conniff and Troxell accepted the language change as a friendly amendment.
City of Fort Collins Page 433
Councilmember Campana expressed concern regarding language indicating direct solutions.
Mayor Weitkunat clarified the language would read "including exploration." Councilmembers
Cunniff and Troxell accepted the language change as a friendly amendment.
Mayor Weitkunat commended the work on the Resolution.
RESULT: RESOLUTION 2014-098 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
16. Second Reading of Ordinance No. 137, 2014, Appropriating Capital Project Funding in the
Light and Power, Water, Wastewater, and Stormwater Drainage Enterprise Funds and
in Block 32 on LaPorte Avenue and Renovation of 700 Wood Street. (Adopted on
Reading)
This Ordinance, unanimously adopted on First Reading on October 14, 2014, provides funding for
the construction of a new Utility Administration Building within Block 32 on LaPorte Avenue, as well
as renovation of the existing Utility Service Center at 700 Wood Street. The total combined project
costs are $23,411,000 with $4,500,000 already appropriated from Light and Power reserves, leaving
$18,911,000 to be appropriated with this ordinance.
City Manager Atteberry discussed the history of this item and the need for the building
improvements. He also noted staffs recognition of the need for improvements to capital plan
integration.
Eric Sutherland, 3520 Golden Currant, questioned the necessity of this building and stated this
building should not be a priority for the City's Utilities.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 137, 2014, on Second Reading.
Mayor Pro Tern Horak requested staff's input regarding why the business case makes sense and
benefits to the rate payers. Mike Beckstead, Chief Financial Officer, replied the Wood Street
facility is out of space, the existing space does not meet fundamental needs, and the building is
not energy efficient and is failing mechanically. Additionally, he discussed the need for a single
point of contact location for Utility customers, the benefits of having a campus of municipal
buildings, and the safety benefit of separating the operations center from the customer center.
Kevin Gertig, Utilities Executive Director, discussed the age of the Wood Street building and the
need to practice energy efficiency. Additionally, he discussed the need for improved customer
service and stated there is a very rigorous process. in place for underground infrastructure and
treatment facilities capital projects.
Mayor Pro Tern Horak stated there are compelling reasons to remodel the Wood Street facility;
however, he requested additional information regarding the benefits for a new downtown
building. Beckstead replied this building is needed as much as the other capital needs identified
in the capital plan. He noted cash is available to fund the project and it would be a complicated
transaction to fund with debt.
City Manager Atteberry discussed the long-term value of a municipal campus.
City of Fort Collins Page 434
Councilmember Cunniff requested information regarding the capital maintenance plan for the
facility. Beckstead replied the City's ten-year capital plan will include ongoing maintenance
costs for City infrastructure.
Councilmember Cunniff questioned whether the plant investment fee (PIF) could cover capital
costs for such office buildings in the future. Beckstead replied staff will be coming before
Council in March with an evaluation of PIF and what can be done to include administration
buildings in the PIF calculation.
1
Councilmember Conniff requested assurance that this type of issue will not come forth again.
Beckstead replied administrative buildings have not been part of the Utilities capital plans for
forty or fifty years. He admitted there is a need for improvement and stated buildings will be
included in future capital plans. City Manager Atteberry replied other large municipal buildings
were planned for many years, but were not part of a capital plan. He assured Council that future
building needs will be part of a different process.
Councilmember Conniff asked if the project will be built as identified given rising construction
costs. Ken Mannon, Operations Services Director, replied costs were increased by large energy
improvement goals and by the inclusion of additional space.
Councilmember Campana acknowledged the need for the improvements and new building but
questioned whether the Wood Street location is the best for Utilities crew space. Marmon replied
satellite facilities have been considered and ways to increase efficiency will be evaluated.
Councilmember Campana asked how operations would be affected if that remodel were delayed
until a full assessment was completed. Mannon replied the majority of the money for the
remodel will go toward energy efficiencies rather than the renovation of space.
City Clerk Nelson noted the.actual Ordinance title contains a few clarifying words and read the
title into the record.
Mayor Weitkunat discussed the importance of the City being a role model for energy efficiency.
RESULT:
ORDINANCE NO. 137, 2014, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER:
Wade Troxell, District 4
SECONDER:
Gino Campana, District 3
AYES:
Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunnitt, Horak
(Secretary's note: The Council took a brief recess at this point in the meeting.)
17.
(Adopted as Amended on First Reading)
The purpose of this item is to present the Annual Appropriation Ordinance for First Reading. This
Ordinance sets the City Budget for the two-year period (2015-16) which becomes the City's financial
plan for the next two fiscal years. This Ordinance sets the amount of $552,694,350 to be
appropriated for fiscal year 2015. Including the 2015 adopted budgets for the General Improvement
District (GID) #1 of $1,193,565 and General Improvement District (GID) #15 (Skyview) of $1,000 as
well as the Urban Renewal Authority (URA) of $2,408,457 the total City operated appropriations
amount to $556,297,372.
City of Fort Collins Page 435
This Ordinance also sets the 2015 City mill levy at 9.797 mills, unchanged since 1991,
City Manager Atteberry discussed the significant effort put into the development of this budget
and noted the effort put into soliciting involvement from hard -to -reach populations.
Additionally, he stated this budget is stronger with Council's formal additions.
Mike Beckstead, Chief Financial Officer, stated this budget is based on the City's Strategic Plan.
He discussed the high-level themes of the budget and highlighted specific items proposed for
funding. There is a $3.5 million budget increase in 2015 and a $1.4 million increase in 2016
over the original recommended budget, based on Council -directed additions. He stated the
dollars for those increases came from one-time funding, additional sales tax forecast for 2014,
and other funding based on offer changes. This budget strengthens key services in Police,
transportation, parks and recreation, enhances many items based on community priorities related
to environment, social sustainability, transit, and key city infrastructure, continues the obligation
to Fort Collins citizens to honor Keep Fort Collins Great commitments, and provides for long-
term investments.
Eric Sutherland, 3520 Golden Currant, opposed funding for the Boxelder Stormwater Authority
and opposed stormwater policies.
Chris Winslow, Fort Collins resident, supported funding for the Fort Collins Public Access
Network.
Bill DeMarco, 913 Kimball Road, supported the Climate Action Plan and funding for a fossil -
free future.
Janice Lynne, 218 South Washington, supported funding for climate change research
Kevin Cross, Fort Collins Sustainability Group, supported funding for the LED street light
replacement program and community engagement for a fossil -free future.
Mike Pruznick, Fort Collins resident, supported funding for the Small Business Development
Center and the Fort Collins Public Access Network. He encouraged funding for the fossil -free
future item.
Jerell Klaver, Solace Natural Bath and Body Care, opposed on -street paid parking
Tom Hoehn, 218 South Washington, supported funding for the LED street light replacement
program.
Cheryl Distaso, Fort Collins Community Action Network, supported funding for the Fort Collins
Public Access Network, evening and night Transfort Service, the integrated pest management
position, and lockers and cold weather shelters for homeless residents.
Mayor Weitkunat requested clarification regarding downtown paid parking. Beckstead replied
the pilot program for on -street paid parking has been removed from the budget; however,
$50,000 has been added to the 2015 budget for public outreach and the policy discussion.
Mayor Weitkunat requested clarification regarding the LED street light replacement program.
Beckstead replied the total investment necessary for total replacement citywide is $6.3 million
and the payback based on savings totaled about $275,000 per year. He stated the budget
City of Fort Collins Page 436
proposal was for one phase, at about $1 million, which had a thirty-two year payback. He stated
the consensus was to let technology evolve and let costs come down prior to moving forward.
City Manager Atteberry noted a significant amount of time was spent on the issue and staff
concluded funding is not being recommended at this time due the issue of timing; however, he
noted staff is very supportive of the project.
Councilmember Cunniff asked if funding is adequate to do the type of planning necessary in
anticipation of the LED replacement project being feasible. City Manager Atteberry replied
additional resources are not needed at this point. Steve Catanach, Light and Power Executive
Director, replied staff believes prices will be low enough by 2017 to make the project more
attractive.
Councilmember Poppaw requested specific answers to Ms. Distaso's questions. Bruce Hendee,
Chief Sustainability Officer, replied the $25,000 budget offer provides $19,000 per year to
provide for a homeless management information system and $6,000 for the winter shelter. The
homeless management information system funds could be used for lockers if they are not needed
by Homeward 2020
Councilmember Poppaw requested additional information regarding the coordination between
the Housing Authority and Homeward 2020 regarding the topic prior to Second Reading.
Councilmember Poppaw asked if Council would support setting aside funding for the lockers
prior to Second Reading.
Councilmember Campana asked if a location has been determined for the lockers.
Councilmember Poppaw replied conversations are occurring regarding location. Hendee replied
funding would be about $35,000 and that is likely discoverable; however, additional questions
need to be answered.
City Manager Atteberry requested confirmation that providing funding for lockers is Council's
direction.
Mayor Pro Tern Horak questioned whether the lockers are the sole responsibility of the City and
stated he needs additional information prior to making a decision.
Councilmembers Cunniff and Overbeck supported funding or partnering to fund the lockers and
cold weather shelters.
City Manager Atteberry stated an offer can be drafted prior to Second Reading. City Attorney
Daggett stated an adjustment to the appropriation ordinance may also be required.
Mayor Pro Tern Horak supported examining the lockers but stated he did not want to be
prescriptive in declaring that lockers are the answer.
Councilmember Troxell agreed with Mayor Pro Tent Horak stating this would be out of process.
He suggested any solution needs to make sense in terms of making an impact on the
homelessness issue in Fort Collins.
Mayor Weitkunat stated other mechanisms exist for accommodating funding.
City of Fort Collins Page 437
Councilmember Conniff noted the immediate importance of winter shelters and argued it is
within the budget process to consider offers for policy outcomes such as lockers.
City Manager Atteberry suggested having the conversation as part of 2014 rather than the next
budget cycle.
Councilmember Poppaw suggested the issue be discussed now rather than when the need for
emergency winter shelters is immediate.
Councilmember Cunniff requested information regarding the critical need for the laptop
replacement funding in Police Services. Beckstead replied laptops are on a 5-year replacement
cycle through the City's IT department. Police Chief Hutto replied this is an ongoing
replacement of the laptops used in Police vehicles.
Councilmember Troxell made a motion, seconded by Councilmember Campana to adopt
Ordinance No. 153, 2014, as amended, on First Reading.
Councilmember Cunniff requested support for including the community engagement for a fossil -
free future offer and possibly the purchasing sustainability buyer offer. He asked if that position
would still add value to and institutionalization of the sustainable purchasing program.
Beckstead replied the position was already intended to be temporary and was funded through
KFCG in 2013-14. He stated the sustainability push in purchasing will not decrease without this
position.
Councilmember Conniff asked what could be accomplished with one more year of this position.
Beckstead replied there is not a specific response to that question.
Councilmember Conniff requested support for restoring some or all of the funding for the Green
Streets offer.
Mayor Pro Tern asked about specifics regarding the fossil -free future offer and if the funds are
slated to come from the General Fund. Lucinda Smith, Environmental Services Director, replied
this item is intended to further develop and implement engagement strategies in the community
to help meet the objectives of the Climate Action Plan, included limited funding for an hourly
employee, one-time funding for a consultant to consider the messaging around climate action and
the actions necessary to make the issue relevant to people, and funding for outreach and
engagement. Beckstead replied the proposed funding source was KFCG; however, that funding
has all been utilized. He stated the new funding source was planned to be General Fund;
however, he understands the question about funding coming from Utilities.
Mayor Pro Tern suggested the funds should come from whatever areas of the City will receive
the benefit of the work. Beckstead replied he is uncertain if this would qualify as a Utility
expenditure.
Mayor Pro Tern Horak asked how public engagement staff will be involved if this item were to
be funded. Smith replied the staff would be involved in any messaging and marketing campaign;
however, resource limitations will require additional support to further engage the community.
Councilmember Overbeck stated he would like the process to start with a vision and plan
l regarding a fossil -free future. .
City of Fort Collins Page 438
Councilmember Troxell expressed support for the budget and new offers which Council has
included over the last couple months. He questioned the need for including additional offers
unless a compelling need exists.
Mayor Pro Tern Horak expressed support for the overall item; however, he disagreed it is ready
to be funded at this time.
Councilmember Conniff expressed the need to bring forth specific actions toward the Climate
Action Plan sooner rather than later.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to restore full
funding for the Green Streets program. He stated this item would provide street calming
alternatives for neighborhood and secondary streets across the city.
City Manager Atteberry noted Green Streets is geared specifically toward Remington. He
suggested setting aside dollars to leverage opportunities for striping or traffic calming projects as
part of the neighborhood revitalization offer.
Councilmember Conniff withdrew his previous motion and made a motion, seconded by
Councilmember Overbeck, to include an additional $300,000 per budget year of street calming
and neighborhood livability improvements within the neighborhood revitalization offer, 48.3.
City Manager Atteberry clarified the General Fund and Light and Power each provide half of
those dollars in each year and clarified the additional funds requested would need to come from
the General Fund.
Councilmember Campana expressed concern regarding the process of randomly adding pools of
money to attempt to throw bandages on issues without a full vetting process.
Councilmember Troxell agreed with Councilmember Campana's concerns.
Mayor Weitkunat noted adjustments can ,be made during off-year budget discussions and did not
support the amendment.
Mayor Pro Tern Horak asked about the existing location of these items in the budget. Karen
Combo, Planning, Development, and Transportation Services Director, replied neighborhood
traffic calming comes from a variety of sources.
Mayor Pro Tern Horak stated he would support some smaller numbers in this amendment with
additional information being provided prior to Second Reading.
Councilmember Cunniff made an amendment to his motion to request $100,000 from General
Fund Reserves in 2015 and $400,000 from General Fund Reserves in 2016, in a budget item to
be determined prior to Second Reading. Councilmember Overbeck accepted the amendment.
Councilmember Troxell objected to the process and stated he would not support the motion to
amend the budget. Mayor Weitkunat agreed.
The vote on the motion to amend was as follows: Yeas: Overbeck, Campana, Horak, Conniff and
Poppaw. Nays: Troxell and Weitkunat.
THE MOTION CARRIED.
City of Fort Collins Page 439
Mayor Pro Tem Horak discussed the lack of transit service to Foothills Gateway and stated the
$150,000 would provide shuttle service to. Foothills Gateway for transit -dependent Fort Collins
residents Monday through Friday. He stated he is advocating for a budget offer to be presented
for Council consideration at Second Reading. City Manager Atteberry agreed that is a blind spot
in transit funding.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Mayor Weitkunat announced the two scheduled General Improvement District meetings
following the regular Council meeting will be continued to November 4, 2014.
Councilmember Cunniff suggested eliminating the Police training facility funding from the
budget given information from Liberty Arms. Chief Hutto agreed the proposal represents an
opportunity that will still need vetting. City Manager Atteberry noted the City's financial
commitment was intended to match Loveland's contribution in design and engineering work;
therefore, if the issue with Liberty Arms gets resolved, the intention is to move forward on
design and payments will be due.
City Manager Atteberry stated additional information will be provided prior to Second Reading.
Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to eliminate
funding for the Assistant Manager at the Gardens on Spring Creek.
Marty Heffernan, Cultural, Parks, Recreation and Environment Director, stated the offer would.
provide additional management support for future growth of the Gardens.
The vote on the motion was as follows: Yeas: Horak, Cunniff, Poppaw and Overbeck. Nays:
TroxelI, Campana and Weitkunat.
Councilmember Cunniff discussed the computer replacement policy and stated it would save the
City $116,000 in 2015 and $86,000 in 2016 should the City stay with a five-year replacement
policy versus switching to a four-year replacement policy. Beckstead replied the City's policy
used to be a four-year replacement; however, that changed during the economic slowdown of
2009 and 2010 and the policy was changed to a five-year replacement.
City Manager Atteberry stated this is more about a business practice rather than acquiring the
newest machines. Dan Coldiron, Chief Information Officer, replied the City had been in a four-
year replacement cycle and switched not only to a five-year policy, but to a break -fix mode
which has created a situation in which the ramifications are still being dealt with. Several
surrounding municipalities are on a four-year replacement cycle and staffs analysis took into
account the full spectrum of costs related to maintaining PCs over time. The results of that
research showed a break-even point at about four years with a dramatic total cost of ownership
increase at five years. Additionally, he discussed concerns relating to operating system
obsolescence.
Councilmember Cunniff noted the operating system obsolescence is being driven currently by
the Windows XP lifecycle ending; therefore a one-time offer for those replacements make sense.
He stated hardware requirements have not changed for Microsoft operating systems since
Windows Vista and therefore questioned the hardware replacement policy.
Coldiron stated inefficiencies are being seedorganization-wide, not solely in the CAD and GIS
areas.
City of Fort Collin Page 440
Councilmember Conniff requested additional specificity regarding the replacement policy prior
to Second Reading. He went on to discuss other items he supported removing from the budget
and requested an explanation of the exclusion of certain offers.
Councilmember Overbeck discussed City employees making $8 an hour and suggested an
increase to $9 or more per hour. He stated the City needs to take the lead on addressing wage
gap issues. City Manager Atteberry stated the financial ramifications would likely be minimal
given the City's total personnel budget.
Councilmember Cunniff requested additional details prior to Second Reading. Mayor Weitkunat
noted that is a compensation policy issue rather than a budget issue. City Manager Atteberry
stated the issue could be dealt with as an appropriation in the budget or as part of a process
outside the budget.
RESULT:
ORDINANCE NO. 153, 2014, ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER:
Wade Troxell, District 4
SECONDER:
Gino Campana, District 3
AYES:
Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
• Motion to Extend the Meeting past 10:30 p.m.
RESULT:
ADOPTED [6 TO 11
MOVER:
Ross Cunniff, District 5
SECONDER:
Bob Overbeck, District 1
AYES:
Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
NAYS:
Poppaw
19. Items Relating to Utility Rates. Fees and Charges for 2015. (Adopted on First Reading)
A. First Reading of Ordinance No. 154, 2014, Amending Chapter 26 of the City Code to Revise
Electric Rates, Fees and Charges.
B. First Reading -of Ordinance No. 155, 2014, Amending Chapter 26 of the City Code to Revise
Electric Development Fees and Charges.
C. First Reading of Ordinance No. 156, 2014, Amending Chapter 26 of the City Code to Revise
Wastewater Rates, Fees, and Charges.
The purpose of this item is to consider two Ordinances adjusting electric rates and fees and one
Ordinance adjusting wastewater service rates for 2015. The City Manager's Recommended 2015
City Budget includes small rate increases in the electric and wastewater utilities. The 1.9% electric
rate increase is necessary due to increased operation and maintenance costs associated with the
generation and transmission of the energy. The 3.0% wastewater rate increase is necessary to meet
long term capital improvement needs due to anticipated regulatory changes and aging infrastructure.
City of Fort Collins Page 441
2015 Proposed Rate Adjustments
utility Proposed Development Fees
Adjustment to Be Adjusted?
Electric 1.9% Yes
Water
Wastewater 3.0%
Stormw ater
The table above shows the overall changes in the operational revenues for each utility due to the
proposed rate increases. In the discussion below the rate class specific adjustments are given for
electric service. The proposed wastewater rate increase would be the same for all rate classes
based on the wastewater cost of service study adjustments which were made for 2014.
Electric development fee changes are proposed due to changes in material costs. Water and
wastewater plant investment fees were updated for 2014 and will not be updated again until 2016.
Lance Smith, Utilities Strategic Financial Planning Manager, introduced the three Ordinances:
one increases electric rates by 1.9%, one adjusts electric development fees, and the third
increases wastewater rates by 3%. Smith discussed the fee adjustments and the reasons for each.
Eric Sutherland, 3520 Golden Currant, stated nothing has been done to capitalize on the
investment made in smart meters, questioned the fixed charge increase, and stated marijuana
grow operations should have electricity use taxed.
Mike Pruznick, Fort Collins resident, asked about the fixed charge increase and questioned
billing tier calculations.
Smith stated the AMI smart meter investment facilitated the 2014 cost of service study, which is
driving the decrease in the residential demand rate. The fixed charge consists of the cost of
metering and generating and providing bills to customers, and while that charge has decreased
for commercial users, a reallocation of costs on the residential billing side has increased and is
being passed on in the fixed fee. Smith noted the fixed charge is a small portion of the fixed
costs.
Councilmember Cunniff stated conservation efforts could continue to be supported by
subsidizing the fixed costs for some customers at the expense of others, as long as it is a benefit
to the overall rate -payer structure. He asked if tiers will be changing as part of these
adjustments. Smith replied in the negative.
Councilmember Cunniff asked if existing capital plans are, being used to model utility rates.
Smith replied in the affirmative.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 154, 2014, on First Reading.
City of Fort Collins Page 442
RESULT: ORDINANCE NO. 154, 2014. ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: ' Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 155, 2014, on First Reading.
RESULT: ORDINANCE NO. 155, 2014, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 156, 2014, on First Reading.
RESULT:
ORDINANCE NO. 156, 2014, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
• CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS
20. Items Relating to Ethics Review Board Code Changes (Adopted on First Reading)
A. First Reading of Ordinance No. 144, 2014, Amending Section 2-569 of the City Code Pertaining
to Procedures of the Ethics Review Board.
B. First Reading of Ordinance No. 145, 2014, Amending Section 2-568(a) of the City Code
Pertaining to Definitions Applicable to Ethical Rules of Conduct.
The purpose of the first ordinance is to adopt revisions to the City Code to simplify and expedite the
process of initiating Ethics Review Board review of ethics complaints and to update provisions
related _to alternative composition of the Board in the event members of the Board are themselves
the subject of a complaint. The second ordinance is intended to incorporate into the City Code the
definitions related to conflicts of interest that are specified in the City Charter, and to add new
definitions to assist in the interpretation and application of the conflicts of interest provisions in the
City Charter and City Code.
Mike Pruznick, Fort Collins resident, expressed concern regarding the decrease in "conflict of
interest" items in this proposal.
Mayor Weitkunat clarified one of the Ordinances to be considered with this item addresses the'
procedures of the Ethics Review Board and the other Ordinance adds definitions.
City Attorney Daggett noted the provisions commented on are largely existing Charter
definitions that are being added to the Code.
Councilmember Cunniff stated this would incorporate definitions, as commonly interpreted by
courts, into the Code. He noted citizens could put forth Charter amendments should they desire.
City of Fort Collins Page 443
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 144, 2014, on First Reading.
RESULT: ORDINANCE NO. 144, 2014 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 145, 2014, on First Reading.
RESULT:
ORDINANCE NO. 145, 2014, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Wade Troxell, District 4
AYES:
Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
• OTHER BUSINESS
• ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Conniff, to adjourn to 6:00
PM on Tuesday, October 28, 2014, so the Council may consider such additional business as may
come before the Council including a possible Executive Session.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
The meeting adjourned at 11:31 PM.
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City of Fort Collins Page 444