HomeMy WebLinkAboutMINUTES-07/26/2016-AdjournedJuly 26, 2016
/r COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Adjourned Meeting — 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT: Overbeck
Staff Present: Atteberry, Daggett, Winkelmann 1 •
• AGENDA REVIEW
City Manager Atteberry stated Item No. 1, Items Relating to the Organization of the Midtown
Business Improvement District, has been withdrawn from the agenda. He recommended Council
consider going into an Executive Session under Other Business prior to consider Item No. 2,
First Reading of Ordinance No. 097, 2016, Calling a Special Municipal Election to be Held in
Conjunction with the November 8, 2016 Larimer County General Election.
1. Items Relating to the Organization of the Midtown Business Improvement District.
(Withdrawn)
A. Resolution 2016-055 Setting for August 16, 2016, a Noticed Public Hearing for the City Council's
Consideration of an Ordinance Authorizing the Organization of the Midtown Business
Improvement District.
B. First Reading of Ordinance No. 095, 2016, Establishing the Midtown Business Improvement
District, Appointing the Initial Members of the Board of Directors of the District, Approving the
District's Initial Operating Plan and Preliminary 2017 Budget, and Designating the Service Area of
the District.
The purpose of this item is the formation of a Business Improvement District (BID) within Midtown
Fort Collins. The Midtown BID's purpose is to increase commercial and economic activity within the
district by focusing on promotion,. placemaking, and programming.
RESULT: WITHDRAWN
1. Resolution 2016-058 Accepting Advisory Opinion and Recommendation No. 2016-01 of the
Ethics Review Board. (Adopted)
The purpose of this item is to submit the opinion of the Ethics Review Board to Council for its
consideration and possible approval. I -
City Attorney Daggett stated this item approves Ethics Opinion 2016-1. She reviewed the
purpose of the Ethics Review Board and stated this particular process was initiated when
Councilmember Campana submitted an inquiry in response to discussions among various
boardmembers related to the extent to which:a member of a board or commission, after having
declared a conflict, may take action as a private.citizen to influence the decision of his or her
board. Code language states that once a conflict is declared, an individual must refrain from
voting on, attempting to influence, or otherwise participating in such decision in any manner as
an officer or employee.
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July 26, 2016 \,
The Ethics Review Board approved Ethics Opinion 2016-1 which was detailed by City Attorney
Daggett.
Councilmember Campana made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2016-058.
Councilmember Campana commended the work done by the Ethics Review Board and City
Attorney Daggett. He discussed the need for additional board work on language clarification.
Councilmember Cunniff thanked the Board for considering his concerns and requests. i
City Attorney Daggett suggested language could be crafted by early September.
RESULT:
RESOLUTION 2016-058 ADOPTED [UNANIMOUS]
MOVER:
Gino Campana, District 3
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT:
Overbeck
2. First Reading of Ordinance No. 097, 2016, Calling a Special Municipal Election to be held in
Conjunction with the November 8, 2016 Larimer County General Election. (Adopted on First
Reading)
The purpose of this item is to call a' Special Municipal Election to be held in conjunction with the
November 8, 2016 Larimer County General Election, and preserves the opportunity for Council to
place Council -initiated or referred issues on the November ballot. If Council decides to place any
measures on the ballot, it would need to do so no later than at its September 6 meeting. If Council
does not take action by ordinance or resolution before the statutory deadline (September 9) to certify
ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance
will be of no further force and effect.
This Ordinance does not submit a specific measure to the November 8, 2016 ballot. Adoption of this
Ordinance is a required step in preserving the option for City Council to submit any ballot measures
that Council may desire, at the November 8, 2016 General Election.
Eric Sutherland discussed constitutional rights related to TABOR items on the ballot.
Councilmember Campana requested information regarding the proper notice to the County Clerk
and potential dilemma related to such notice. City Clerk Winkelmann replied she has been in
discussions with County Clerk Meyers and the City will notify Larimer County via letter if the
City plans to participate. If this item is adopted, a letter would be hand -delivered tomorrow,
which is in advance of the 100-day requirement.
City Attorney Daggett read the statutory provision which addresses the topic.
Councilmember Cunniff asked why this item is an ordinance. City Attorney Daggett replied the
process of calling a special election requires an ordinance.
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 097, 2016, on First Reading.
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July 26, 2016
Councilmember Campana supported the placement of the item on the ballot and expressed his
hope that voters will recognize the City's prudent spending.
Mayor. Pro Tem Horak noted staff does examine and address concerns brought to them by
citizens.
RESULT:
ORDINANCE NO. 097. 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
Ray Martinez, District 2
AYES:
Martinez, Stephens, Campana, Troxell, Cunniff, Horak
ABSENT:
Overbeck
3. First Reading of Ordinance No. 096, 2016, Appropriating Prior Year Reserves in the General
Fund and in the Light and Power Fund for Continuation of Energy Efficiency Initiatives
Associated with the 2020 Climate Action Plan (CAP) Strategic Plan and Rescinding Ordinance
No. 081, 2016, (Adopted on First Reading)
The purpose of this item is to rescind Ordinance No. 081, 2016 (Adopted on July 19, 2016) and
amend the $1,460,000 appropriated by Ordinance No. 081, 2016; appropriating from the General
Fund $730,000, and $730,000 from the Electric Utility Light & Power fund, for continuation of energy
efficiency programs in 2016, as outlined in the draft 2020 Climate Action Plan (CAP) Strategic Plan.
Ordinance No. 081, 2016 will become effective as originally adopted and shall provide funding until
this Ordinance becomes effective, i.e., funding for the Energy Efficiency Programs up to $730,000
will not be further delayed pending Second Reading of this Ordinance.
Kevin Gertig, Utilities Executive Director, stated this item rescinds Ordinance No. 081, 2016,
adopted on Second Reading on July 19, 2016, and splits $1.46 million of efficiency funding
50/50 between the General Fund and the Light and Power Reserves. The logic behind this split
relates to the sharing of City and Utilities goals for the Climate Action Plan and Energy Policy
and is consistent with historical splits.
Eric Sutherland discussed metrics and encouraged a data -driven approach addressing the
program's success.
Councilmember Cunniff stated there was an indication from many contractors that the lapse in
funding halted future projects and requested additional information regarding obtaining objective
metrics. John Phelan, Energy Services Manager, replied customers and contractors were notified
of the wait list status approximately 6 weeks ago. Following that notification, there was a 47%
decrease in the number of applications being received. Restarting the program will provide an
additional data point on the rate of applications. In terms of additionality, cost effectiveness, and
savings impact, discussions have begun regarding hiring a third -party consultant to provide a
formal evaluation of the programs.
Councilmember Campana questioned the usefulness of the statistics relating to�the number of
applications. Phelan agreed but noted there are few other data points regarding that issue to
provide.
Mayor Pro Tern Horak noted Longmont and Estes Park both changed their incentive cap number
and asked how that relates to Fort Collins. Phelan replied the other cities generally do not
contribute as much as Fort Collins because of differing community goals. Both cities have
reduced their caps and are out of funding for the year at this point.
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July 26, 2016
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 096, 2016, on First Reading.
Councilmember Martinez commended the program but opposed the funding change stating
voters should be allowed to consider the overall program.
Councilmember Campana commended the work done on this topic but stated difficult decisions
loom ahead regarding the Climate Action Plan.
Mayor Pro Tem Horak noted this item deals primarily with an efficiency works program among
Platte River Power Authority and its member cities.
Councilmember Campana discussed the need to look at all initiatives collectively as part of the
Plan and agreed with Councilmember Martinez' suggestion regarding the placement of the Plan
on a ballot.
RESULT:
ORDINANCA NO. 096, 2016, ADOPTED ON FIRST READING [4 TO 2]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Stephens, Troxell, Cunniff, Horak
NAYS:
Martinez, Campana
ABSENT:
Overbeck
• OTHER BUSINESS
Councilmember Cunniff received Council support to direct the City Attorney to prepare a public
draft of information regarding the November TABOR election.
• ADJOURNMENT
The meeting adjourned at 6:42 PM.
Mayor
ATTEST:
G)U)V��
City Clerk
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