HomeMy WebLinkAboutMINUTES-08/16/2016-RegularAugust 16, 2016
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Stephens
Staff Present: Atteberry, Daggett, Winkelmann
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry withdrew Consent Agenda Item No. 14, First Reading of Ordinance No.
102, 2016, Authorizing the Conveyance of a Permanent Stormwater Easement on City Property
at the Gardens on Spring Creek to Colorado State University, for additional staff work and
stated the agenda has been amended to include adjournment to August 23 for the purpose of an
executive session regarding the TABOR issue and Keep Fort Collins Great taxes.
• CITIZEN PARTICIPATION
Mike Pruznick requested Council make a public statement opposing violence against citizens,
specifically referencing the Federal Railroad Administration meeting.
Virginia Farver discussed the Smart Meter program and the deleterious health effects of wireless
radiation. •
John Lambert discussed open pit wood burning and a situation at a neighboring property. He
requested Council look into the situation.
Mel Hilgenberg suggested expanding the two-hour parking in Old Town to 8 PM, enforcing the
3 AM parking ban, and expanding the Old Town parking zone. He suggested moving the Fort
Collins Rescue Mission to the old Fort Ram location and discussed the need for affordable
housing. Additionally, he requested the tree at the northeast corner of Mountain and College be
trimmed.
Thomas Edwards, Fort Collins Bicycle Coalition, stated bicycle numbers are down 4% this
summer and suggested the City's bicycle counts are inaccurate.
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Overbeck thanked Mr. Edwards for his comments and asked if the Parking
Board hears citizen concerns regarding parking issues. City Manager Atteberry replied in the
affirmative.
Councilmember Martinez asked if Code addresses smoke issues. Lucinda Smith, Environmental
Services, replied there are some elements in the City Code that limit wood smoke emissions;
however, they relate particularly to indoor burning. Certain limitations exist for the building of
outdoor burning pits; however, there are no codes prohibiting outdoor burning at this time. Staff
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August 16, 2016
will be looking at the issue'this fall. Delynn Coldirou, Neighborhood Services, replied work is
being done regarding excessive smoke and existing codes. She offered mediation services to
deal with Mr. Lambert's concerns.
Mayor Pro Tern Horak discussed the outdoor smoke and fire pit issue and stated regulations will
not change without strong Council and community support.
Councilmember Cunniff also supported examining the outdoor smoke and fire pit issue and
stated the Air Quality Advisory Board is considering the placement of outdoor wood smoke on
its work plan for next year.
Mayor Troxell thanked Senators Bennett and ,Gardner, Congressman Polis, and the Federal
Railroad Administrator for their visit to Fort Collins regarding train noise.
Councilmember Cunniff requested a report regarding median improvements.
Councilmember Martinez requested a copy of the memo regarding radiation impacts of Smart
Meters that had been provided in the past.
• CONSENT CALENDAR
Councilmember Martinez withdrew Item No. 21, Resolution 2016-065 Expressing the City
Council's Support for the Passage of a Larimer County Ballot Issue Imposing a Twenty Five
One -Hundredths of One Percent Countywide Sales and Use Tax for the Construction,
Improvement, Maintenance, and Operations of a Mental Health, Detox and Substance Abuse
Treatment Facility and Related Community Services, and Urging the Citizens -of Fort Collins to
Vote "Yes" on this Ballot Issue, from the Consent Agenda.
Councilmember Cunniff withdrew Item No. 12, First Reading of Ordinance No. 100, 2016,
Appropriating Prior Year Reserves in the Storm Drainage Fund to Construct the Fort
Collins/Timnath Boxelder Creek Flood Mitigation Projects and Transferring Appropriations to
the Cultural Services and Facilities Fund for the Art in Public Places, Program, . from the
Consent Agenda.
Mike Pruznick withdrew Item Nos. 9, Second 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, and 19, Resolution 2016-063 Adopting the 2016 City of Fort Collins
Strategic Plan, from.the Consent Agenda: .
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Gino Campana, District 3
AYES:.
Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Stephens
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August 16, 2016
Consideration and Approval of the Minutes of the July 5 and 19, 2016 Regular Council
Meetings and the July 12 and 26, 2016 Adjourned Council Meetings. (Adopted)
The purpose of this item is to approve the minutes from the July 5 and July 19, 2016 Regular Council
meetings and the July 12 and July.26, 2016 Adjourned Council meetings.
2. Second Reading of Ordinance No. 085, 2016, Amending Sections 26-98 and 26-128 of the
Code of the City of Fort Collins Regarding Fire Sprinkler Systems for Single Family Attached
Homes. (Adopted)
This Ordinance, unanimously adopted on First Reading on July•19, 2016, creates a new rate class to
accommodate the short-term high flow rate water service demands for single family attached homes
with residential fire suppression systems and to make related changes regarding water meter
requirements and installation. Changes to the International Residential Code adopted by the City in
2014 increased the short-term high flow rate water service demands for single family attached
homes (such as townhomes and condominiums) due to the inclusion of residential fire suppression
systems. A new rate class will be created in order to accommodate these demands and to make
related changes regarding water meter requirements and the installation related to fire sprinkler
systems for single family attached homes. Staff will provide a report to Council in September 2017
after one year of implementation to compare the average monthly usage of any new 1-inch
residential services installed under the new rate code adopted through this Ordinance to the usage
of similar previous standard 3/-inch residential services. .
3. Second Reading of Ordinance No. 089, 2016, Appropriating Unanticipated Grant Revenue in
the General Fund and Transferring Funds from the Community Development and
Neighborhood Services Operating Budget in the General Fund to the Restorative Justice
Grant Project. (Adopted) •
This Ordinance, unanimously adopted on First Reading on July 19, 2016, appropriates grant revenue
to fund Restorative Justice Services within Community Development and Neighborhood Services
(CDNS). A grant in the amount of $56,192 has been received from the Colorado Division of Criminal
Justice (DCJ) Juvenile Diversion fund for 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. Required match is $18,731, which is 25% of
the total grant (total grant = state funds $56,182 + match $18,731). The match requirement will be
met by transferring $9,646 in appropriated funds from the CDNS operating budget designated for
restorative justice to the grant project, and by a $9,085 match designated in the form of office space
provided by the City for grant funded services. The grant period for is July 1, 2016 to June 30, 2017.
This is the third year in a 3-year cycle for the.Juvenile Diversion grant.
4. Second Reading of Ordinance No. 090, 2016, Annexing the Property Known as the Majestic
Place Annexation to the City of Fort Collins. Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 19, 2016, annexes 19.93 acres
located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently
vacant. The Initiating Resolution was adopted on June 7, 2016. The property is located within the
Fossil Creek Reservoir Area Plan. A related item to zone the annexed property is presented as the
next item on this Agenda.
5. Second Reading of Ordinance No. 091, 2016, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Propertv Included in the Majestic Place
Annexation to the City of Fort Collins, Colorado. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council's Rules of
Meeting Procedures adopted in Resolution 2015-091.
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August 16, 2016
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This Ordinance, unanimously adopted on First Reading on July 19, 2016, zones the property
included in the Majestic Place Annexation, located at 2150 Rock Castle Lane (southeast of
Timberline Road and Trilby Road), into the Urban Estate zone district.
(Adopted)
This Ordinance, unanimously adopted on First Reading on July 19, 2016, authorizes the conveyance
of a permanent utility easement and a temporary construction easement to the City of Loveland at
the Northern Colorado Regional Airport. The City'of Fort Collins and the City of Loveland each own
a 50% interest in the Airport property. The City of Loveland is extending its electrical service to this
area. The proposed permanent easement area borders Boyd Lake Avenue and County Road 30
and the temporary construction easement is along the easement on County Road 30.
7.. Second Reading of Ordinance No. 093, 2016, Amending the City Code Pertaininq to the
Disposition of Tangible Personal Property. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 19, 2016, amends the City Code to
eliminate the current provisions pertaining to disposition of tangible personal property and replace
with a reference to administrative procedures. The disposition of lost, abandoned, unclaimed or
unattended tangible personal property found within a natural area, park, trail, other outdoor City
property, and within a City facility will, be governed by administrative policies adopted by the City
Manager and on file in the City Clerk's Office. The disposition of firearms, illegal property,
identification documents, financial transaction devices, computers or electronic items that store
personal identification information will be governed by Fort Collins Police Services Standard
Operating Procedures.
8. Second Reading of Ordinance No. 094, 2016, Appropriating Prior Year Reserves in the
a
10.
This Ordinance, unanimously adopted on First Reading on July 19, 2016, appropriates funds for the
Southeast Community Park Project in the amount of $1.6M from the Community Parkland Capital
Expansion Reserves. The park is currently under construction and scheduled to open in 2017. An
additional appropriation is needed to fully fund the park as designed.
The purpose of this item is to appropriate $413,781 of prior year reserves from the General Fund for
a rebate to Avago Wireless Technologies (USA) Manufacturing, Inc. for use tax and business
personal property tax rebates under two business investment agreements. The agreements provide
business investment assistance to Avago for the expansion and retrofit of Avago's Building 4 for a
wafer fabrication facility in 2012 and for a FBAR clean room facility in 2013. These two projects
created an additional 227 primary jobs in the City.
(Adopted)
The purpose of this item is to appropriate $151,316 of prior year reserves for a rebate to Woodward,
Inc. for use tax under an agreement that City Council approved on April 2, 2013 (Ordinance No.
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August 16, 2016
055, 2013). The agreement provides Business Investment Assistance for the relocation of
Woodward's headquarters, as well as an expansion of its manufacturing and office facilities to a new
location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create
between 1,400 and 1,700 primary jobs in the City.
Mallard's Nest Natural Area and Spring Creek Trail. (Adopted)
The purpose of this item is to authorize the City's conveyance of an easement to the Brookhaven
Homeowners Association to resolve an encroachment issue on Mallard's Nest Natural Area and
Spring Creek Trail. The Natural Areas Department intends to exchange easements with Brookhaven
Homeowners Association to resolve long standing and significant encroachments on City property
and enable a more favorable alignment of an existing fence along Spring Creek Trail.
12. First Reading of Ordinance No. 102, 2016, Authorizing the Conveyance of a Permanent
Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State
University. (Withdrawn)
13.
The purpose of this item is to authorize the conveyance to Colorado State University of a permanent
stormwater easement on City property at the Gardens on Spring Creek. Colorado State University
(CSU) needs to construct a water quality pond to handle the flows from its new construction at CSU,
including the new stadium. The Center Outfall Water Quality Pond (Pond) will be constructed on land
owned by CSU, as well as on a portion of the City's property at the Gardens on Spring Creek. The
Pond will handle flows from both entities.
The purpose of this item is to approve an art project for the Timberline and Prospect Road Project
and authorize expenditures from the Art in Public Places Reserve Account to commission an artist
team to create the art project. The expenditures of $40,560_will be for design, materials, fabrication,
installation, and contingency for Tim Upham and -Todd Kundla to create a sculpture at the site of the
Timberline and Prospect Intersection.
14. Resolution 2016-060 Stating the'Intent of the City of Fort Collins to Annex Certain Property
and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Poudre
River Annexation. (Adopted)
15.
The purpose of this item is to initiate the annexation process for the Poudre River Annexation. This
is a City -initiated request to annex 12.01 acres located within the banks of the Poudre River between
Lee Martinez Community Park and Linden Street. The land became an enclave upon annexation of
the Wood Street Annexation on September 17, 2012. As of September 17, 2015, the City is
authorized to initiate and annex the enclave in accordance with State Statute 31-12-106.
The purpose of this item is to temporarily authorize New Belgium Brewing Company (New Belgium),
as a customer of Fort Collins Utilities (Utilities), to use a portion of the pretreated wastewater from its
brewery in an onsite cooling tower. Utilities has reviewed the request and recommends that
temporary authorization for New Belgium's use of pretreated wastewater be granted, subject to
various terms and conditions. This temporary authorization will help Utilities evaluate whether a
permanent program involving the use of pretreated wastewater by New Belgium and other similarly -
situated customers can or should be pursued.
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16. Resolution 2016-062 Authorizing the City Manager to Execute Agreements Between the City
of Fort Collins and the Northern Colorado Water Conservancy District Regarding the Sharing
of Water Quality Modeling for the Halligan Water Supply Project. (Adopted)
17.
The purpose of this item is to authorize the City Manager to execute an intergovernmental
agreement (IGA) between the City of Fort Collins and the Northern Colorado Water Conservancy
District (Northern Water) concerning shared use of certain water quality models between the Halligan
Water Supply Project and the Northern Integrated Supply Project (NISP). Staff estimates that
sharing certain NISP and Halligan Project water quality models will save the City $400,000 or more
and prevent delays of up to four months to the Halligan Project's draft Environmental Impact
Statement (EIS), as well as ensure more accurate, consistent, and ultimately defensible modeling for
the Halligan Project. The IGA sets forth the framework for sharing certain water quality models
between the Halligan Project and NISP, and contains protective terms and conditions for both
entities. One key term sets forth conditions on to the extent to which the City and Northern Water
may comment on the construction of the shared water quality models during federal or state
permitting processes. The IGA does not express support for NISP or change the City's position with
respect to NISP.
The purpose of this item is to accept delivery of the City's 2015 audited financial reports provided by
the independent public accounting firm, RSM US LLP.
18. Resolution 2016-066 Appointing Two Representatives to the Colorado Municipal League
Policy Committee. (Adopted)
The purpose of this item is to appoint Councilmember Ray Martinez and City Manager Darin
Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee.
19. Resolution 2016-067 Makinq Appointments to the Citizen Review Board. (Adopted)
The purpose of this item'is to appoint Sarah Harris, Don Whitson, and Pranaya Sathe to the Citizen
Review Board to fill board vacancies which currently exist due to the resignations of Ethan Schlemer,
Jason Sydoriak, and John Heilman.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff requested information regarding the verification of employment
numbers for companies receiving economic incentive reimbursements. City Manager Atteberry
replied further details will be provided.
Councilmember Overbeck discussed the need for citizens to be assured of a good return on
investment regarding economic incentive reimbursements.
• STAFF REPORTS
Jackie Kozak -Thiel, Chief Sustainability Officer, stated the Healthy Homes program is
celebrating its fifth anniversary and is now provided ongoing funding through General Fund.
The program aims to improve indoor air quality.in citizens' homes.
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August 16, 2016
Mary Pat Aardrup, Healthy Homes Coordinator, discussed the background of the program and
noted every resident in the City is eligible for a Healthy Homes assessment. She discussed the
Master Home Educator volunteer program.
Selina Lujan, Healthy Homes Assistant Coordinator, discussed individual results of the program
and the value and impact of the program on the community.
Tom Leeson, Community Development and Neighborhood Services Director, stated restorative
justice focuses'on the rehabilitation of offenders through reconciliation with victims and the
community at large
Perrie McMillen, Restorative Justice Program Coordinator, discussed the two programs in
Restorative Justice Services: Restore which is for shoplifting offenses only, and the Restorative
Justice Conferencing Program which is for all other offenses. She discussed grant funding for
the program and the importance of volunteers to the program.
• COUNCILMEMBER REPORTS
Councilmember Martinez discussed the Salvation Army monthly report and its, school supply
program. He reported on his meeting with the Commission on Disability and concerns regarding
accessibility, particularly during New West Fest.
Councilmember Overbeck reported on his attendance at a local film dealing with displacement
and gentrification issues.
1
Councilmember Campana reported on his meetings with the Golf Board and the Parks and
Recreation Board, stating both Boards requested additional contact with Council. All three golf
courses in Fort Collins are now Audubon Cooperative Sanctuary certified.
Mayor Troxell noted each Councilmember is now reporting Councilmember reports regarding
board and commission Periodic Reviews. He reported on the Cultural Resources Board and its
desire to engage with non-profit organizations throughout Fort Collins.
Mayor Pro Tem Horak reported on the I-25 third lane construction near Berthoud, which will be
complete by December. Agreements regarding the third lane from the south Loveland exit to
Mulberry are being developed.
Councilmember Cunniff reported on the Air Quality Advisory Board meeting and the importance
of connections to Council. He asked about CDOT's plan for repairing the seam down the center
of travel lanes on the newly paved portions of College Avenue.
Mayor Troxell discussed the success of New West Fest and thanked City staff and others who
played a key role in planning the event. He stated he did see accessible areas throughout the
venue.
Mayor Pro Tem Horak thanked the Bohemian Foundation and Pat Stryker for their support of the
event.
City Manager Atteberry commended Police Services for the safety of New West Fest.
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August 16, 2016
• CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS
20.
Art in Public Places Program. (Adopted on First Reading)
The purpose of this item is to appropriate $979,700 from Prior Year Reserves in the Storm Drainage
Fund to cover increased project costs due to a number of additional project scope changes
necessary to complete the Boxelder Creek Outfall project as it crosses Prospect Road.
Councilmember Cunniff asked about why stormwater funds were selected as opposed to General
Fund and when Timnath will provide its payment of half of the costs.
Jon Haukaas, Water Engineering Field Operations Manager, replied stormwater facilities are
typically paid from utilities funds.
Councilmember Cunniff questioned why the overall general rate payers' stormwater fees are
being used in the special assessment district. He asked if there has been any consideration of
repayment of those fees and viewing this as a loan from the stormwater fund to the Boxelder
Authority. Haukaas replied projects' were identified as Authority projects and others as local
projects when the Authority was formed. This project was considered a Fort Collins local
project and was not part of the Boxelder Stormwater Authority overall master plan.
Councilmember Cunniff asked about the IGA and repayment from Timnath. Haukaas replied
Fort Collins has been receiving payment from Timnath throughout this project.
Councilmember Cunniff asked how unanticipated costs are being managed. Haukaas replied the
original IGA for this project identified $4 million to work toward the project with the
anticipation of additional funds being needed. This appropriation will accommodate all needed
costs for this process and staff has identified ways to maintain better controls in future major
capital projects.
Councilmember Cunniff asked if this was included in the utility fixed costs discussion at Council_
Finance. Haukaas replied it was not included because. it is a current and not a future project.
Councilmember Overbeck requested Council receive a confirmation memo when Timnath pays
its portion at the end of the month.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 100, 2016, on First Reading.
Mayor Pro Tem Horak requested additional information regarding improving the process in the
future. Haukaas replied staff will come before Council as soon as possible if the initial
appropriation is not sufficient, most likely prior to the beginning of construction.
Mayor Pro Tem Horak expressed concern about the lack of community review regarding Art in
Public Places stating decisions should not be solely left to the Art in Public Places Board.
Councilmember Martinez agreed with Mayor Pro Tem Horak. City Manager Atteberry replied
he will share Council's desires with the Art -in Public Place's Board and staff.
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August 16, 2016
Councilmember Cunniff expressed concern regarding the process given the dollar amount and
stated additional public debate and transparency should have occurred.
Councilmember Overbeck agreed with Councilmember Cunniff.
Mayor Pro Tem Horak noted half of the dollar amount will be reimbursed but agreed additional
process information could have been presented.
RESULT:
ORDINANCE NO. 100, 2016, ADOPTED ON FIRST READING [4 TO 21
MOVER:
Gerry Horak, District 6
SECONDER:
Gino Campana, District 3
AYES:
Martinez, Campana, Troxell, Horak
NAYS:
Overbeck, Cunniff
ABSENT:
Stephens
21.
The purpose of this item is for the City Council to express its support of the Larimer County proposal
for the imposition of a 0.25% countywide sales and use tax for the construction, improvement,
maintenance, and operations of a mental health, detox and substance abuse treatment facility and
related community services which was referred by the Larimer County Commissioners to the 2016
general election ballot for the approval of such proposal.
Councilmember Martinez stated it would be valuable to discuss this item.
Mike Pruznick stated this item is neither administrative nor routine and is controversial. He
asked what would happen to the building in 25 years if the tax is not renewed and asked what
would happen if operational costs change. Additionally, he asked what other ballot items are
competing with this item. He requested Council postpone this item in order to hold a work
session to discuss ballot item prioritization.
Eric Sutherland opposed the item, stating no justification has been provided for the amount
requested.
Mel Hilgenberg stated he is highly supportive of this tax initiative.
Councilmember Campana agreed with comments relating to taxing capacity; however, he stated
this tax is necessary to fund a higher level of service desired by the community.
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2016-065.
Councilmember Cunniff supported the item as providing care facility treatment rather than
utilizing emergency services.
Councilmember Overbeck supported the item as being valuable for the community.
Councilmember Martinez supported the item.
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August 16, 2016
Mayor Pro Tem Horak noted a great deal of research regarding best practices and community
needs has been put into this proposal. He stated it makes financial sense from the City's
perspective as well.
Mayor Troxell supported the item as being a well thought-out proposal.
RESULT:
RESOLUTION 2016-065 ADOPTED [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
- Ray Martinez, District 2
AYES:
Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Stephens
• DISCUSSION ITEMS
22. First Reading of Ordinance No. 103, 2016, Vacating Portions of Right -of -Way as Dedicated on
the Sidehill - Filing Two and Bucking Horse Filing Three Plats. (Adopted on First Reading)
The purpose of this item is to vacate various streets dedicated on the Sidehill-Filing Two plat and the
Bucking Horse Filing Three plat that are no longer necessary or desirable to retain for street
purposes. The right-of-way vacation includes various public streets in an area bounded by Nancy
Gray Avenue to the south and Gooseberry Lane to the northwest. The property is proposed to be
replatted as Bucking Horse Filing Four, which was approved through the Planning and Zoning Board
on February 11, 2016.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 103, 2016, on First Reading.
RESULT:
ORDINANCE NO. 103, 2016, ADOPTED ON FIRST.READING [5 TO 0]
MOVER:
Gerry Horak, District 6
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Overbeck, Troxell, Cunniff, Horak
ABSENT:
Stephens
RECUSED:
Campana
23.
Ordinance No. 081, 2016. (Adopted on Second Reading)
This Ordinance, adopted on First Reading by a vote of 4-2 (Nays: Campana, Martinez; Overbeck
absent) rescinds Ordinance No. 081, 2016 (Adopted on July 19, 2016) and amends 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.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 096, 2016, on Second Reading.
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August 16, 2016
Councilmember Martinez stated he would not support the item as he feels this type of expense
should receive voter approval.
Councilmember Campana stated he would not support the item for reasons cited during the First
Reading discussion.
RESULT:
ORDINANCE NO. 096, 2016, ADOPTED ON SECOND READING [4 TO 2]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Overbeck, Troxell, Cunniff, Horak
NAYS:
Martinez, Campana
ABSENT:
Stephens
24. First'Reading of Ordinance No. 104, 2016, Making Certain Amendments to Chapter 26 of the
Code of the Citv of Fort Collins Pertaining to Electric. Water and Wastewater Rates. Fees and
Charges Associated with the Income Qualified Rate Pilot Study.
(Secretary's Note: Under Other Business, First Reading of Ordinance No. 104, 2016, was
postponed to September 6, 2016)
The purpose of this item is to seek adoption of an ordinance implementing a two year Income -
Qualified Rate (IQR) pilot study, effective January 1, 2017. 1QR is a discount rate structure for
qualified low-income households for electric, water, and wastewater utility services. The rate is
designed to increase the adoption of efficiency and resource conservation practices by providing
affordable utility services to income -qualified customers. In order to manage 1QR administrative costs
effectively and provide a convenient and accessible application process, staff recommends
partnering with the state sponsored Low -Income Energy Assistance Program (LEAP), locally
administered by Larimer County Department of Human Services, to qualify customers for 1QR. Using
LEAP to qualify customers for the 1QR will' also increase the number of local locations at which
customers may apply for assistance, from one to four.
Staff has determined that adequate utility enterprise fund reserves are available to offset the revenue
impact of the proposed IQR discounts during the 2017-2018 two-year pilot study, at an estimated
total cost of $2,544,145, based on a 65% enrollment rate, thus no 2017 or 2018 rate increases
related to 1QR are proposed. If adopted, the pilot study will occur between 2017 through end of year
2018. Staff will provide City Council with a one-year evaluation memorandum in the first quarter of
2018, and a two-year evaluation in the first quarter of 2019, in order to assess the impact of the 1QR,
the efficacy of the 1QR in serving the energy and resource conservation purposes, and determine
whether the 1QR should be continued. If after the pilot study, it is determined the 1QR effectively
serves its intended resource conservation and utility affordability purposes, staff propose adjusting
rates across all classes to continually fund the 1QR.
Lisa Rosintoski, Utilities Customer Service Connections Manager, stated this Ordinance
recognizes an important component of the low-income assistance integrated design approach.
She discussed the successes of the temporary assistance program and stated, if approved, a 30-
day public notice will occurwith a Second Reading on September 20th.
Randy Reuscher, Utility Rate Analyst, discussed the proposed rate structure for the income
qualified rate and the overall fund impact for each service if 100% enrollment were achieved.
Rosintoski stated the pilot program would run for two years, after which staff would go before
Council with a formal presentation to determine whether or not the project will continue.
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August 16, 2016
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Eric Sutherland discussed payments in lieu of taxes for water rates and stated programs which
enable low-income households to conserve should be enacted.
Mike Truett supported the Ordinance as being progressive.
Councilmember Martinez asked how business rates would be impacted. Reuscher replied the
exact impact depends on the size of the business; however, the rate is 0.75% of the businesses'
total bill.
Councilmember Martinez asked what percentage of utility bills goes toward the Climate Action
Plan. Reuscher replied there are currently no specific costs built in for the Climate Action Plan;
however, there are costs built in for energy efficiency programs and the like.
Councilmember Martinez asked if there is any question legally regarding rate payers absorbing
costs for other rate payers. City Attorney Daggett replied Utilities staff has looked closely at
what utility purposes are served by_ the proposed rate; the agenda item summary summarizes
several ideas related to promoting energy efficiency and conservation among the sector of the
utility customer base that would benefit. Council does have discretion to identify expenditures
like this if it believes those expenditures are beneficial to the rate payers or will result in a
betterment to the utility. She recommended an executive session for detailed legal information;
however, she noted Utilities staff has worked closely with the City Attorney's Office during this
process.
Councilmember Cunniff requested Council be provided a confidential legal memo on this topic
prior to Second Reading.
Councilmember Martinez asked if a program has been set up for donations. Rosintoski replied
the Payment Assistance Fund is extensively promoted through utility bills, social media, the web
site, and biannual letters sent to rate payers.
Councilmember Martinez asked if the demand for funds has been greater than what is available.
Rosintoski replied needs were not previously met; however, with this year's Energy Outreach
Colorado matching fund support, that possibility exists... She stated needs being supplied at this
point are as needed and not ongoing.
Councilmember Cunniff asked if pro -rating the fixed fee for water across all rate categories has
been discussed. Reuscher replied the long-term goals of the utility is to align the fixed costs with
the fixed charges.
Councilmember Cunniff stated he would like to see the elimination of the fixed rate considered
in the future.
Councilmember Campana asked what portion of the utilities bills are due to the energy efficiency
plan. Rosintoski replied approximately 7% of the electric rate is attributable to energy efficiency
and renewables.
Councilmember Campana stated the justification for this is conservation. He expressed concern
regarding making the connection between conservation and paying.less on utility bills.
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August 16, 2016
Councilmember Cunniff agreed with Councilmember Campana's concerns and stated he would
like to find a way to tie this more toward efficiency and conservation outcomes.
Mayor Troxell requested additional information regarding the LEAP program. Rosintoski
replied the program administers federal funding which is dispersed at a certain federal poverty
level.
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Mayor Troxell noted the water utility only serves a portion of Fort Collins citizens and asked
how the Fort Collins Loveland Water District and ELCO customers will be affected, if at all.
Rosintoski replied district customers mill not be affected by this rate; however, there is potential
for a future partnering mechanism.
Councilmember Campana noted the City could offer free energy evaluations to LEAP customers
with or without action on this Ordinance. He stated citizens should be encouraged to donate
through the Payment Assistance Fund.
Councilmember Martinez asked if the public could be surveyed for support. Rosintoski stated
non -profits supported this opportunity to support the on -going need; however, the general public
has not yet been surveyed.
Councilmember Martinez concurred with Councilmember Campana regarding a requirement for
participation in energy efficiency, programs.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 104, 2016, on First Reading.
Mayor Pro Tem Horak stated the item was directed by Council and supported moving the
conversation forward.
Councilmember Cunniff stated his preference would have been to continue to develop this and
asked how a delay would affect rate setting. Rosintoski replied public notice for rate ordinances
will occur following potential First Reading adoption.
Mayor Pro Tern Horak requested information regarding incentivizing or making audits
mandatory prior to Second Reading.
Councilmember Campana stated he would rather spend money marketing one's ability to donate
to the Payment Assistance Fund. He stated this does . not guarantee anything regarding
conservation.
Councilmember Overbeck stated he would support this item and commended staff work on
presenting before boards and commissions.
Councilmember Martinez asked how the nexus between energy conservation and this change
will be demonstrated. Rosintoski replied staff will communicate with other communities for
feedback.
Mayor Troxell stated -he will support the motion and commended Council's comments as being
thoughtful in addressing the ultimate desired outcome.
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August 16, 2016
RESULT: ORDINANCE NO. 104, 2016, ADOPTED ON FIRST READING [5 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Overbeck, Troxell, Cunniff, Horak
NAYS: Campana
ABSENT: Stephens
(Secretary's Note: Under Other Business, First Reading of Ordinance No. 104, 2016, was
postponed to September 6, 2016)
(Secretary's Note: Council took a brief recess at this point in the meeting.)
• CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS
25. Second 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
Second Reading)
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This Ordinance, unanimously adopted on First Reading on July 26, 2016, calls 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.
Mike Pruznick questioned whether the legal definition of "has taken" is different from the
engineering definition and plain English definition. City Attorney Daggett replied Mr. Pruznick
is correct in that the Ordinance has not been formally adopted until adoption on Second Reading;
however, when Council considered the item on First Reading, it also considered a motion
directing the City Clerk to contact the County regarding this matter, so the Council did actually
take action at the same time First Reading was before it.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 097, 2016, on Second Reading.
RESULT:
ORDINANCE NO.097,,2016, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: -
Stephens
26. Resolution 2016-063 Adopting the 2016 City of"Fort Collins Strategic Plan. (Adopted)
The purpose of this item is to request City Council's approval of the City's 2016 Strategic Plan.
Council reviewed the City's draft 2016 Strategic Plan at a work session on March 22, 2016. Based
on that review, staff provided Council a red -line version of the proposed changes from the document
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August 16, 2016
reviewed on the 22nd and asked for additional input or changes. Staff provided a final version
reflecting Council's input on May 31st and has moved forward with the 2016 Strategic Plan
document as an integral input to the City's Budgeting For Outcomes (BFO) process. ..
Council has asked to formally adopt the 2016 Strategic Plan. It reflects the City's Strategic
Objectives, priorities and focus over the next 3-5 years and is used as a foundation document within
other efforts across the City.
Mike Pruznick stated he pulled this item to discuss the triple bottom line and Climate Action
Plan. He stated the triple bottom line needs to be examined from a priority point of view with
people first, planet second, and profit honoring the first two. He discussed energy use by
businesses versus residential properties.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2016-063.
RESULT:
RESOLUTION 2016-063 ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Stephens
• OTHER BUSINESS
Councilmember Martinez requested and received Council support to direct staff to examine the
Arts in Public Places process so as to allow community comments.
Mayor Pro Tern Horak requested and received Council support to provide additional information
and options regarding outdoor wood smoke. Mayor Troxell suggested this could include other
things relating to truck smoke and particulates and improved neighborhood livability.
Motion to reconsider decision regarding Item #14, Income Qualified Rate
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to reconsider
the vote on Ordinance No. 104, 2016.
Councilmember Cunniff stated postponement of the item to September 6th would allow for the
creation of a cleaner First Reading and does not make public notification of rate changes
impossible.
RESULT: MOTION TO RECONSIDER ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ray Martinez, District 2
AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Stephens
Motion to postpone consideration of First Reading of Ordinance No. 104, 2016 to September 6.
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to postpone
consideration of First Reading of Ordinance No. 104, 2016, to the September 61h, 2016 meeting.
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August 16, 2016
Councilmember Martinez asked when Second Reading would occur, should the Ordinance pass
on First Reading. City Attorney Daggett replied staff may be able to do a notice that would
allow Second Reading on September 20; however, the timing of the notice will need to be further
evaluated.
Councilmember Cunniff requested input from Kevin Gertig, Utilities Executive Director,
regarding the postponement. Gertig replied the normal rate ordinances are required in the
November time period and staff will be back before Council at that time.
RESULT: POSTPONEMENT OF FIRST READING OF ORDINANCE NO. 104, 2016, TO
SEPTEMBER 6 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ray Martinez, District 2
AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Stephens
• ADJOURNMENT
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
PM on Tuesday, August 23, 2016, for consideration of a possible executive session and such
other business as may come before the Council.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT:
Stephens
The meeting adjourned at 9:15 PM.
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ATTEST:
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City Clerk
City of Fort Collins Page 85
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