HomeMy WebLinkAboutMINUTES-12/18/2018-RegularDecember 18, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
9 ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Coldiron
® AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
® PUBLIC COMMENT
Fred Kirsch, District 6 Council candidate, expressed appreciation for the work of Council and staff
and discussed the Community for Sustainable Energy group he founded.
Eric Sutherland discussed Item No. 16, Items Amending the Service Plans for the I-25/Prospect
Interchange Metropolitan District and the Gateway at Prospect Metropolitan District Nos. 1-7,
stating the I-25/Prospect Interchange Metro District's main function is to repay the City $8 million
it is going to front for the redevelopment of the interchange. He opposed the loaning of City funds
with the expectation of payment being returned.
Jeff Johnson, Affordable Housing Board, discussed the Board's view on the ongoing City Plan
update process. He stated the Board strongly supports the recommendation to increase housing
opportunities in existing neighborhoods to help meet the City's overall housing needs.
Rich Stave thanked the City for funds, which were matched by his HOA, to do a road resurfacing
project in his neighborhood.
Thomas Edwards discussed the City's failed social issues and expressed concern regarding the
Riverside bridge project.
i PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Martinez requested staff input regarding the Riverside bridge and Horsetooth and
College projects. City Manager Atteberry replied there are some contractor issues with the
Riverside project and there were some unanticipated delays in the lane closures for the Horsetooth
and College project. Deputy City Manager Mihelich replied the overall project at Horsetooth and
College was opened on time; however, there were certain other delayed elements.
9 CONSENT CALENDAR
Councilmember Martinez withdrew Item No. 14, Resolution 2018-123 Authorizing the
Amendment and Extension of an Intergovernmental Agreement with Larimer County for Jail
Services, from the Consent Agenda.
City of Fort Collins Page 452
December 18, 2018
Councilmember Cunniff withdrew Item No. 15, Resolution 2018-124 Approving a Partial Waiver
of LEED Certification Requirements for the Police Regional Training Campus, from the Consent
Agenda.
rMayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT:
ADOPTED: [UNANIMOUS]
MOVER:
Gerry Horak, District lB
SECONDER:
Bob Overbeck, District
AYES`.
Martinez, Stephens,:Summers, Overbeck, Troxell, Cunniff; Horak
1. Consideration and Aoaroval of the Minutes From the November 6 and November 20. 2018
Regular Council Meetings. (Adopted)
The purpose of this item is to approve the minutes from the November 6 and November 20, 2018
Regular Council meetings.
2. Second Readina of Ordinance No. 145, 2018, Appropriating Unanticipated Revenue in the
Transportation Fund for "Work for Others" Program Expenses. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 4, 2018, appropriates
Transportation funds that have been received for work for other City departments and outside entities.
3. Second Reading of Ordinance. No. 146. 2018. Adoptina the 2019 Classified EmplOVee. Pav Plan.
(Adopted) -
This Ordinance, unanimously adopted on First Reading on December 4, 2018, recommends the 2019
City Classified Employee Pay Plan.
4. Second Readina of -Ordinance -No. _147..2018. Adoptina the. 2019 Larimer Countv Reaional
L41
Transportation Capital Expansion Fee Schedule. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 4, 2018, adopts the 2019
Larimer County Regional Transportation Capital Expansion Fee Schedule (Regional Road Fee) as
determined by the Intergovernmental Agreement with Larimer County.
This Ordinance, unanimously adopted on First Reading on December 4, 2018, approves an Airport
land lease agreement between the Cities of Fort Collins and Loveland and Discovery Air, LLC. Staff
from the Airport and the Cities have negotiated a fifty-year lease with Discovery Air, LLC for the
development of vacant Airport property. The proposed development will include corporate aircraft
hangar facilities and associated office space, a new fixed -base aircraft service operation„ and a
restaurant. Due to the complexity and unique provisions of the Lease, the Northern Colorado Regional
Airport Commission is not authorized to approve and sign the Lease, rather, the two Cities must each
approve the Lease in accordance with their respective Municipal Codes and Charters.
City of Fort Cottins Page 453
December 18, 2018
A
This Ordinance, unanimously adopted on First Reading on December 4, 2018, amends City Code
provisions related to alcohol to align with state law.
7.
This Ordinance, unanimously adopted on First Reading on December 4, 2018 amend the City Code
provisions related to marijuana businesses to align with state law.
91
Related Changes. (Adopted)
This Ordinance, unanimously adopted on First Reading on December4, 2018 adopts the updated Fort
Collins Stormwater Criteria Manual into City Code, and makes related changes to City Code updating
references to the Manual.
9. Items Relating to Various Amendments to City Code Chapter 26 Pertaining to Utility Services..
(Adopted)
A. Second Reading of Ordinance No. 160, 2018, Adopting the Cross -Connection Control Manual
Containing Supplemental Rules and Regulations Necessary to Implement the Cross -Connection
Control Program Pursuant to Section 26-1.89 of the Code of the City of Fort Collins and Amending
Said Section to Authorize the Utilities Executive Director to Make Technical Revisions to Such
Rules and Regulations.
B. Second Reading of Ordinance No. 161, 2018, Amending Chapter 26 of the Code of The City of
Fort Collins to Add Definitions for Data Managed by Utility Services.
C. Second Reading of Ordinance No. 162, 2018, Amending Chapter 26 of the Code of the City of Fort
Collins to Reference the Financial Officers Rules and Regulations for Interest Rates for the On -Bill
Financing Program.
D. Second Reading of Ordinance No. 163, 2018, Amending Chapter 26 of the Code of the City of Fort
Collins to Clarify Utility Accounts, Billing and Collection Practices Regarding Net Metering.
E. Second Reading of Ordinance No. 164, 2018, Amending Chapter 26 of the Code of the City of Fort
Collins to Clarify Access and Metering Conditions of Utility Services Related to Transition from
Manually -Read Meters to Advanced Metering Infrastructure (AMI) Meters.
F. Second Reading of Ordinance No. 165, 2018, Amending Sections 26-120 and 26-283 of the Code
of the City of Fort Collins to Authorize the Utilities Executive Director to Waive Water Plant
Investment Fees and Sewer Plant Investment Fees in Limited Circumstances
This Ordinance, unanimously adopted on First Reading on December 4, 2018, adopts a variety of
revisions, clarifications and additions to update portions of City Code Chapter 26 pertaining to Utility
Services.
10. Items Relating to 2019 City Impact Fee Updates. (Adopted)
A. Second Reading of Ordinance No. 166, 2018, Amending Chapters 7.5, 8 and 24 of the Code of
the City of Fort Collins to Implement Phase II Increases of the Capital Expansion Fees.
City of Pori Cajuns Page 454
11.
12.
December 18, 2018
B. Second Reading of Ordinance No. 167, 2018, Amending Chapter 26 of the Code of the City of
Fort Collins To Revise Water Plant Investment Fees.
Second Reading of Ordinance No. 168, 2018, Amending Chapter 26 of the Code of the City of
Fort Collins To Revise Sewer Plant Investment Fees.
D. Second Reading of Ordinance No. 169, 2018, Amending Chapter 26 of the Code of the City of
Fort Collins To Revise Stormwater Plant Investment Fees.
These Ordinances, unanimously adopted on First Reading on December 4, 2018 update impact fees
for the 2019 cadence which includes Step II for all six Capital Expansion Fees (CEFs) and Utility Plant
Investment Fees (PIFs). Staff has worked to coordinate the process for updating all new development
related fees that require Council approval since 2016. The 2017 Capital Expansion Fee (CEF) and
Transportation Capital Expansion Fee (TCEF) full fee proposals showed significant increases from the
previously approved fees. Council asked for these fees to be implemented in three steps.
In addition to the stepped implementation for CEFs, Council asked for a Fee Working Group to be
created to foster a better understanding of impact fees prior to discussing further fee updates. The Fee
Working Group meetings started in August 2017, comprised of a balanced group of stakeholders -
citizens, business -oriented individuals, City staff and a Council liaison. Overall, the Fee Working Group
supports the fee coordination process and proposed fee updates.
This Ordinance, unanimously adopted on First Reading on December 4, 2018 seeks authorization
from City Council to use eminent domain, if deemed necessary, to acquire property interests along
Jefferson Street as part of the Jefferson Street Improvements Project. The acquisitions will include
purchase of rights -of -way and permanent easements from five property owners. To meet funding
constraints, timely acquisition of the property interests is necessary. Staff fully intends to negotiate in
good faith with the affected owners and is requesting authorization of eminent domain only if such
action is deemed necessary.
This Ordinance, unanimously adopted on First Reading on December 4, 2018 amends the City Code
to be consistent with the Intergovernmental Agreements with Poudre and Thompson School Districts.
13. Second Readinq of Ordinance No. 172, 2018, Approving a Franchise and License Agreement
between the City of FortCollins and Platte River Power Authority for a Fiber Optic Network.
(Adopted)
14.
This Ordinance, unanimously adopted on First Reading on December 4, 2018, approves a franchise
and license agreement between the City of Fort Collins and Platte River Power Authority for a fiber
optic network.
(Adopted)
A. Resolution 2018-125 Approving the Corrected District Boundary Legal Description, District
Boundary Map and Vicinity Map of the 1-25/ Prospect Interchange Metropolitan District and
Approving Corresponding Amendments to the District Service Plan.
City of Fort Collin Page 455
December 18, 2018
B. Resolution 2018-126 Approving the Corrected District Boundary Legal Descriptions of Gateway
at Prospect Metropolitan District Nos. 1-7 and Approving Corresponding Amendments to the
District Service Plan.
The purpose of this item is to modify the service plans for the 1-25/Prospect Interchange Metropolitan
District and the Gateway at Prospect Metropolitan District Nos. 1-7. These proposed modifications
correct the legal descriptions of the boundaries of the districts to exclude certain properties from their
boundaries that were included in the boundaries due to a surveyor's error.
15. Resolution 2018427 Adopting the 2018 Update to the Three-Miile Plan for the City of Fort
Collins. (Adopted)
The purpose of this item is to adopt the 2018 update to the Three -Mile Plan for the City of Fort Collins.
This Plan is a policy document for the coordination and provision of services for potential annexations,
and describes the general location, character, utilities, and infrastructure for areas within three miles
of the municipal boundary. Annual updates to the Three -Mile Plan are required by state statute.
16. Resolution 20186128 Making Appointments to Various Boards. Commissions, and Authorities
of the City of Fort Collins. (Adopted)
17.
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards,
commissions, and authorities due to resignations of board members and vacancies to be created upon
the expiration of terms ofcurrentmembers. Applications were solicited during September, October,
and November. Council teams interviewed applicants during November and December. This
Resolution appoints individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies
will be advertised as needed.
The purpose of this item is to establish the process to be used in filling a vacancy in the District 1 Council
seat. Councilmember Bob Ove-rbeck has tendered his resignation from the Council effective January 1,
2019, as a result of his recent election to the office of Larimer County Assessor.
• END CONSENT
Y STAFF REPORTS
Residential Sprinkler Audit Program
Liesel Hans, Water Conservation Manager, discussed the Residential Sprinkler Audit Program
noting it has been in place for 20 years and is a free program for residents. About 7 million gallons
of water have been saved this year alone and the program is quite popular with customers. Hans
detailed the City goals achieved with the program and discussed an example of the program's effect
on a single customer.
Councilmember Stephens asked how early customers need to put themselves on the wait list for a
summer audit. Hans replied customers can join the wait list at any time and those on the wait list
will be the first to be notified when scheduling becomes available.
Councilmember Cunniff commended staff on their work.
City of Fort Collins Page 456
December 18, 2018
Councilmember Overbeck commended the work and asked about the City's xeriscape program.
Hans replied the City has an incentive=based xeriscape program which provides rebates for
transitioning landscaping from high water use to low water use.
Mayor Pro Tem Horak asked why 2016 data showed lower customer satisfaction. Hans replied
staff transitioned to an in-house software system that summer which resulted in some delays.
Additionally, some more focused work was being done that summer.
Mayor Troxell thanked Hans and her staff for their work and commended process improvements
and collaborative work.
Coalition for the Poudre Watershed Update
Jill Oropeza, Water Quality Services Manager, discussed the partnership between the City's
utilities and the Coalition for the Poudre River Water Shed (CPRW). The partnership helps support
many of the objectives the City's utilities department has around source water protection by
leveraging resources and implementing projects aimed at reducing wildfire risks within the City's
water sheds.
Jeri Kovecses, Coalition for the Poudre River Water Shed Executive Director, stated CPRW's
mission is to improve and maintain the ecological health of the Poudre River Water Shed through
community collaboration. She detailed some of the post -fire restoration work projects for the High
Park and Hewlett Gulch fires which aim to abate the potential for excessive sediment entering the
Poudre River. Future projects include a citizen science water quality monitoring program and an
expansion to the river health assessment program.
Mayor Troxell asked about the partnering agencies. Kovecses replied the core group includes
CSU researchers, Rocky Mountain Research Station, the U.S. Forest Service, Colorado State
Forest Service, Natural Resource Conservation Service, Nature Conservancy, Larimer County
Conservation Corps, wildlands restoration volunteers, the City of Greeley, and Larimer County.
Councilmember Stephens commended the work and suggested a tour be arranged for Council.
Councilmember Overbeck commended the work.
COUNCILMEMBER REPORTS
Councilmember Stephens announced community resources for individuals who may be struggling
with the upcoming holiday season.
Councilmember Martinez reported on the Fossil Creek Trail ribbon cutting event.
Mayor Pro Tem Horak reported on the Platte River Power Authority Board unanimously voting in
favor of the 100% renewable energy policy by 2030 resolution. He also reported on the $,20 million
grant received 'by the North Front Range Metropolitan Planning Organization for 1-25
improvements.
Mayor Pro Tern Horak reported on the open house dealing with the Magnolia and Shields bikeway
and a meeting with concerned residents from the Hickory mobile home park relating to making
City of Fort Collins Page 457
December 18, 2018
left-hand turns onto Hickory from College. He noted the vegetation will be cut down and stated a
left -turn signal will be added if that change is not sufficient.
Councilmember Overbeck reported on a visit to Dunn Elementary School and the anti -harassment
committee's report on having a respectful workplace. He also reported on the Poudre Heritage
Alliance's collaboration with Fort Collins; Larimer County and the Poudre Fire Authority as well
as the death of Mark Soldierwolf who was instrumental in leading the recognition of the Council
Tree site.
Mayor Troxell reported on the TubaChristmas event in Old Town, a visit to McGraw. Elementary
School, and the 50-year anniversary event for the Downtown Club of Fort Collins, formerly the
Sertoma Club. He recognized Councilmember Martinez as well as former Mayors and
Councilmembers for their membership in the community service organization.
® CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS
18. Resolution 2018-123 Authorizinq the Amendment and Extension of an Intergovernmental
Agreement with Larimer County for Jail Services. (Adopted)
The purpose of this item is to authorize the City Manager to enter into an amended intergovemmental
agreement (IGA) with Larimer County relating to the City's use of the Larimer County Jail for municipal
defendants. The current IGA,, entered into in 2017, is effective through the end of 2018 and reserves
3 beds at tfie jail for use by Fort Collins Municipal Court defendants. The City and Larimer County wish
to extend this IGA for 2019-2020.
Councilmember Martinez requested staff explain the reasoning behind this item.
Ingrid Decker, City Attorney's Office, stated this item extends an existing IGA between the City
and Larimer County for three reserved beds at the Larimer County jail for municipal defendants.
It has aided in giving meaningful sentences to repeat offenders. Decker noted the funds for this
were part of the 2019-2020 approved budget.
Councilmember Stephens asked if individuals are placed in these beds if they cannot pay fines or
fees. Decker replied in the negative and stated there are alternatives for individuals who cannot
afford to pay fines.
Patty Netherton, Municipal Court Administrator, discussed the transitional services program.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution
2018-123.
Councilmember Stephens stated it is important to include information as to programs available to
help individuals along with the jail information.
RESULT:
x... ;
RESOLUT(ON.2018-123 ADOPTED [UNmaANIMOUS]
MOVER€
Gerry Horak, District 6
SECONDER-
Ray Martinez, District 2
AYES:
Martinez, Stephens, Summers, Overbeck; Trozell, Cunniff, Homk
City of Fort Collins Page 458
December 18, 2018
19. Resolution 2018-124 Approving a Partial Waiver of LEED Certification Requirements for the
Police Regional Training Campus. (Postponed to February 5, 2019)
The purpose of this item is to request City Council approve a partial waiver of LEED certification
requirements for the new Police Regional Training Campus (Training Campus). In 2006, City Council
adopted a resolution that requires all new construction projects of 5,060 square feet or more to achieve
LEED Gold certification, except under limited circumstances. The City of Loveland, which is an equal
partner in the Training Campus, does not have any specific LEED requirements for construction
projects. City staff is requesting the partial waiver to reduce the costs of the project and in recognition
that Loveland does not require LEED compliance for its new construction.
Councilmember Cunniff requested staff input as to how energy and air quality goals will be
evaluated and asked about the timeline and process.
Fred Kirsch opposed the item and stated it is worth exploring alternative ways to achieve gold
LEED certification for the Police Regional Training Campus.
Councilmember Cunniff asked about the deadline for the determination. Brian Hergott,
Operations Services Project Manager, replied the schematic design phase of the project is currently
being completed and determining the desired level of LEED certification needs to occur as soon
as possible.
Councilmember Cunniff asked if there would be any difficulties in postponing consideration of
this item to January 15. Hergott replied it would not affect the bond or funding but may delay the
sequence of construction.
Councilmember Cunniff stated he has received concerned comments from members of the Energy
Board and expressed concern that the Energy Board and the Air Quality Advisory Board were not
asked to provide input.
City Manager Atteberry stated there may be a cost impact to the project depending upon which
LEED goal Council would like to meet.
Mayor Troxell requested additional information as to which structures will be LEED certified.
Hergott replied the office, classroom, and administration building will be LEED gold certified; the
waiver would apply to the shooting range only.
City Manager Atteberry stated the decision needs to be made by early to mid -February; therefore,
a postponement should not affect the financing.
Councilmember Summers asked about the cost per square foot to gold certify the shooting range.
Tracy Oschner, Senior Operations Services Manager, replied there are challenges in certifying the
campus; however, the goal is to make the shooting range as efficient as possible.
City Manager Atteberry noted Loveland, a 50% partner, does not have the same standard for
buildings and this facility is within its jurisdiction. He also noted boards and commissions are not
consulted on municipal building projects.
Mayor Troxell stated the certification of the administration building is a step in the right direction.
City of Fort Collins Page 459
December 18, 2018
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to postpone
Resolution 2018-124 to January 15, 2019, to allow the Energy Board an opportunity to make a
recommendation on a prioritized list of energy efficiency and improvement options.
Councilmember Overbeck stated this would be a good learning opportunity for the Board and
noted Council appreciates its feedback.
Mayor Troxell questioned whether the Boardmembers have the expertise to comment on building
standards from a LEED perspective and stated specialized structures, such as this, are much more
difficult to certify.
City Manager Atteberry noted the design and operations have been a negotiation with another
partner and, while it is likely the Energy Board will have significant agreement with the City,`it is
unlikely its input will have much effect on the negotiation.
Councilmember Martinez questioned the goal of postponement. Councilmember Cun..niff replied
the Energy Board meets January 10 and members have presented several specific questions and
considerations and can provide some technical prioritization advice to Council.
Councilmember Stephens stated she is willing to wait in order to receive additional information.
She suggested the Boardmembers' emalls be forwarded to staff for examination of the issues.
Councilmember Summers expressed concern about the postponement from a process standpoint.
He questioned whether Energy Board members have expertise in LEED certification for shooting
ranges and stated Loveland is willing to build to whatever standard Fort Collins would like if Fort
Collins is willing to fund the changes.
Mayor Pro Tern Horak suggested postponement to February 5 to avoid placing a discussion item
on the January 15 agenda during which a new Councilmember will be appointed. He suggested
the Finance Committee also look at the item following the Energy Board's recommendations.
Councilmember Martinez asked how many other shooting ranges in the country are LEED
certified. City Manager Atteberry replied there is one.
Councilmember Cunniff accepted the February 5 date as a friendly amendment to his motion and
noted he is more interested in energy savings than the actual LEED certification plaque.
Councilmember Overbeck accepted the February 5 date as a friendly amendment.
RESULT:
RESOLUTION 2018-124 POSTPONED TO`FEBRUARY 5, 2019 [6 TO 1]
MOVER:
Ross. Cunniff;, District
SECONDER"
Bob Overleck, District 1;
AYES:'
Martinet, Stephens; Overbeck, Troxell, Cunniff, Horak
NAYS:
Summers
City of Fort Collins Page 460
December 18, 2018
6 DISCUSSION ITEMS
20. Resolution 2018-130 Expressing Gratitude and Appreciation to Bob Overbeck for his
Contributions to the Community as a Councilmember
Mayor Troxell read the Resolution expressing appreciation to Councilmember Overbeck for his
service and tenure as a Councilmember.
Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to suspend the
rules of proceeding to allow consideration of this item prior to Councilmember pulled consent
items. Yeas: Troxell, Stephens, Martinez, Horak, Cunniff, Overbeck, and Summers. Nays: none.
THE MOTION CARRIED.
Jerry Gavaldon congratulated Councilmember Overbeck on his new position as County Assessor
and complimented his work as a Councilmember.
Councilmember Cunniff commended Councilmember Overbeck on his community service and
desire to ensure his constituents are heard.
Councilmember Stephens commended Councilmember Overbeck on engaging with his
constituents and thanked him for his service on Council.
Councilmember Summers commended Councilmember Overbeck on his service and
congratulated him on his new position as County Assessor.
Mayor Pro Tem Horak congratulated Councilmember Overbeck on his new position and
commended his focus on equity and his constituents.
Councilmember Martinez congratulated Councilmember Overbeck on his new position and
commended his work with his constituents.
Mayor Troxell congratulated Councilmember Overbeck on his new position and commended his
commitment to his district and service to`Fort Collins.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution
2018-130.
RESULT:- RESOLUTION 2018-130 ADOPTED [UNANIMOUS] -
MOVER: Gent' Horak, District B
SECONDER. Ross Cunniff, Districts
AYES: Martinez; Stephens, Summers; Overbeck; Troxell, Cunniff; Hgrak
21. Items Relating to a Citizen -Initiated Charter Amendment Relating to Council Compensation.
(Adopted on First Reading)
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 173, 2018 Submitting a Citizen -Initiated Charter Amendment
Relating to Council Compensation to a Vote of the Registered Electors of the City at the Regular
Municipal Election on April 2, 2019.
City of Fort Collins Page 461
December 18, 2018
The purpose of this item is to set the ballot title for a citizen -initiated Charter amendment relating to
Council compensation.
Any protest of the proposed ballot language must be received no later than Monday; December 17,
2018, at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption
of Ordinance No. 173, 2018. If protests are received, copies will be included in Council's "Read -before"
packet.
Mayor Troxell stated there were no protests received; no public hearing is required.
City Clerk Coldiron discussed the ballot initiative and stated the petition circulated by Fred Kirsch
was certified as sufficient on December 10. She stated the proposed Charter language would
provide compensation to the Mayor and Councilmembers equal to the Fort Collins area median
household income and benefits offered to full-time exempt City employees. The language also
requires the Mayor and Councilmembers to report all Council related activities. This item would
set the ballot title for the proposed amendment as required by Code.
Rich Stave questioned the meaning of transparency and asked about the timeline of the process.
Fred Kirsch thanked the City Clerk's Office for its work in processing the petitions, thanked the
Community for Sustainable Energy staff for collecting signatures, and thanked those who signed
the petitions. He stated this initiative would make democracy stronger by opening up the Council
experience to people who care about the community but cannot afford to do it for the current pay.
He also noted any member of Council could decline or lessen their compensation.
Gerry Gavaldon expressed support for citizen -initiated measures; however, this would change the
dynamics of the government. He stated Councilmembers should not be motivated by money.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 173, 2018, on First Reading.
Mayor Troxell requested staff address the initiative process. City Attorney Daggett replied the
citizen initiative relates to an amendment to the City Charter; therefore, there is a state statute that
defines the process for establishing the petition, circulating it for signatures and verifying
signatures. If found to be sufficient, the governing body, or Council, is required to set the ballot
title for the proposed amendment at its next meeting.
Councilmember Martinez stated he would support the motion because it is required by state statute;
however, he expressed concern the proposed compensation would detract from Councilmembers
running for a love of the city rather than a love of money.
Mayor Troxell stated this citizen initiative is problematic as it does not address a problem;
Councilmembers serve for a love of the community.
RESULT: ORDINANCE'NO. 17-3 2018, ADOPTED'QN FIRST READING [UNANIMOUS]
MQVER: Gerry Horak, District 6
SECOAYES_NDE_R, Martinezn$te Densct $ p Summers, OverbecR Troxell, Cunniff, Horak
City of Fort cotl,ins Page 1
62
December 18, 2018
22. Items Relating to the Adoption and Amendment of the International Codes .-Relating to
Buildings and Building Regulations. (Adopted on First Reading)
A. Public Hearing and First Reading of Ordinance No. 149, 2018, Amending Chapter 5, Article 11,
Division 2, of the Code of the City of Fort Collins for the Purpose of Repealing the 2015
International Building Code and Adopting the 20181ntemational Building Code, with Amendments.
B. Public Hearing and First Reading of Ordinance No. 150, 2018, Amending Chapter 5, Article 11,
Division 2, of the Code of the City of Fort Collins for the Purpose of Repealing the 2015 Energy
Conservation Code and Adopting the 2018 International Energy Conservation Code, with
Amendments.
C. Public Hearing and First Reading of Ordinance No. 151, 2018, Amending Chapter 5, Article 11,
Division 2, of the Code of the City of Fort Collins for the Purpose of Repealing the 2015
International Residential Code and Adopting the 2018 International Residential Code, with
Amendments.
D. Public Hearing and First Reading of Ordinance No. 152, 2018, Amending Chapter 5, Article I!,
Division 2, of the Code of the City of Fort Collins for the Purpose of Adopting the 2018 International
Existing Building Code, with Amendments.
E. Public Hearing and First Reading of Ordinance No. 153, 2018, Amending Chapter 5, Article 11,
Division 2, of the Code of the City of Fort Collins for the Purpose of Adopting the 2018 International
Pool and Spa Code, with Amendments.
F. Public Hearing and First Reading of Ordinance No. 154, 2018, Amending Chapter 5, Article 1!,
Division 3, of the Code of the City of Fort Collins for the Purpose of Amending the 2006
International Property Maintenance Code.
G. Public Hearing and First Reading of Ordinance No. 155, 2018, Amending Chapter 5, Article IV, of
the Code of the City of Fort Collins for the Purpose of Repealing the 2015 Mechanical Code and
Adopting the 2018 International Mechanical Code, with Amendments.
H. Public Hearing and First Reading of Ordinance No. 156, 2018, Amending Chapter 5, Article IV, of
the Code of the City of Fort Collins for the Purpose of Repealing the 2015 Intemational Fuel Gas
and Adopting the 2018 International Fuel Gas Code, with Amendments.
1. Public Hearing and First Reading of Ordinance No. 174, 2018, Amending Chapter 5, Article V,
Division 1 of the Code of the City of Fort Collins for the Purpose of Amending the Colorado
Plumbing Code.
The purpose of this item is to adopt the most up-to-date, comprehensive, and fully integrated body of
codes, the 2018 International Codes (2018 I -Codes), regulating building construction and systems
using prescriptive and performance -related provisions. The purpose of these Codes is to establish the
minimum construction requirements to safeguard the public health, safety and general welfare by
regulating structural strength and stability, sanitation, light and ventilation, energy conservation, and
property protection from hazards attributed to the built environment within the City of Fort Collins. With
factoring in local amendment costs, it is estimated the overall cost increase to build under the 2018
codes is less than 1 %.
Because this is the first time the City is adopting the International Existing Building Code (IEBC) and
International Pool and Spa Code (IPSC), as separate codes, all language being added to the City
Code must be shown as yellow. Language that is being added as local amendment is highlighted in
grey so that it is easily distinguishable from already -existing language in the IEBC and 1PSC.
Liesel Hans, Water Conservation Manager, stated staffs proposed changes are in line with the
City's Strategic Plan and triple bottom line approach. The City's water efficiency plan has a goal
City of Fort Collins Page 463
December 18, 2018
to reduce water use by 11% by 2030. One area of focus within that plan is to encourage greater
integration of water efficiency into land use planning, the Land Use Code, and Building Codes.
Hans stated the proposal is to increase the maximum performance score for toilets from MO to 600
grams, to reduce the flow rate for shower heads to achieve water savings, to match the private
lavatory standard to the existing public lavatory standard, and to clarify language related to Water
Sense certified fixtures and dual flush toilets.
Hans stated Council has the option to adopt the regulations as proposed, make no change, or to
delay the decision. Hans stated changes have been made to the original staff recommendation
based on input from industry stakeholders.
Kyle Jones, Kohler Company, opposed the proposed changes to the toilet performance score.
Rich Stave stated some low -flow shower heads do not allow for warm showers depending upon
one's hot water heater. He also expressed concern that the change to toilet performance could lead
to line back-ups.
Ryan Dyer, Kohler Company, stated Kohler is in support of water savings; however, he stated
raising the toilet performance score to 600 grams is not necessarily going to reduce water usage;
He stated there is no data to supportthat claim as dual flushes are often caused by issues not related
to blockage.
Councilmember Summers stated there is a difference between what products are available and
what is required by law. He stated ignoring and not working with stakeholders is shortsighted.
Councilmember Martinez asked if there are studies supporting water savings for the 600-gram
requirement. Hans replied there is no evidence to suggest the higher MaP score will necessarily
reduce water usage; however, it will improve performance and customer satisfaction. There is
also no evidence a higher MAP score will counter -balance and result in poor performance in other
ways.
Councilmember Martinez stated his experience with low -flow toilets in his home have raised
concerns related to the need to double flush.
Councilmember Cunniff noted market pressures are causing MaP scores to increase and he
hypothesized that is due to customer satisfaction.
Councilmerrmber Summers asked about the basis of staffs experience. Hans replied the City has a
variety of water conservation programs, including rebate and direct install programs that have
resulted in hundreds of these toilets being installed across the service area with positive feedback.
Mayor Troxell asked about back-ups in the line between a home and the street. Hans replied the
homeowner is responsible for their water service line and sewer line, but studies have shown no
concerns in residential units for decreasing the flush requirement to 0.8 gallons.
Mayor Troxell asked if staff has been in touch with Fort Collins Loveland Water District and
ELCO. Hans replied in the affirmative and stated both organizations have been made aware of the
proposed changes and both systems support the recommendations being made.
City of Fort Collins Page 464
December 18, 2018
Councilmember Martinez expressed concern the other agencies have only been made aware of a
broader set of changes rather than these specific changes. Harts stated the agencies were made
aware of the broader set of changes, which included these, rather than the more narrowed
recommendations.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 149, 2018, on First Reading.
Mayor Pro Tem Horak requested staff return at Second Reading with specific comments from
ELCO and Fort Collins Loveland Water District.
Councilmember Martinez stated he cannot support the changes without some specific support from
the other agencies.
RESULT:
ORDINANCE NO, 140. 2018, ADORTE6 ON FIRST READING [7-6
MOVER:
Gerry Horak; District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Stephens, Overbeck, Troxell, Cunniff, Horak Martinez; Summers
NAYS'::
None
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 150, 2018, on First Reading.
RESULT:
ORDINANCE NO. 150, 2018, ADOPTED ON FIRST READING rf-61
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff; District 5:
AYES:
Stephens; Overbeck, Troxell, Cunrnff Horak, Martinez, Summers ,
NAYS:
None i
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 151, 2018, on First Reading.
Staff presented Council with their options at this point.
Councilmember Martinez made a motion, seconded by Councilmember Summers, to amend the
motion to consider option 2.
The vote on the motion was as follows: Yeas: Troxell, Martinez and Summers. Nays: Horak,
Overbeck, Stephens and Cunniff.
THE MOTION FAILED.
Mayor Pro Tem Horak commended staff work on the item.
Mayor Troxell stated he would support the motion based on staffs presentation.
City of Fort Collins Page 465
December 18, 2018
Councilmember Stephens thanked staff for returning with the requested information so quickly
and thanked the Building Code Review Committee for their work.
RESULT:
ORDINANCE NO. 151, 2.018, ADOPTED_ON FIRST READING,[5 TO 21
MOVER:
Gerry Horak, District-6
SECONDER-
Ross Cunniff, District 5
AYES.:
Stephens, Overbeck, Troxell ,Cunniff Horak_,
NAYS'.
Martinez, Summer`s;
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 152, 2018, on First Reading.
RESULT:
ORDINANCE NO. 152,, 2018;'ADOPTED OR FIRST READING [7.0]
MOVER:
Gerry Horak-, District 6- `_ '
SECONDER:
Ross Cunniff, District 57 '
AYES:
Stephens, Overbeck; Tr6kell; Cunniff, Horak, Martinez; Summers°
NAYS:
None
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 153, 2018, on First Reading.
RESULT:
ORDINANCE N0:;153, 2018; ADOPTED ON FIRST READING [7=0]
MOVER:
_.
Gerry Horak, District 6
SECONDER:
Ros§;Cunniff, District 5
AYES:
Stephens, Overbeck, Troxell; ,Cunniff; Horak, • Martinez, Summers
NAYS,:
None
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 154, 2018, on First Reading.
RESULT:
ORDINANCE NO. 155 2018, ADOPTE6ON FIRST'READING j7-01
MOVER:
Gerry Horak, District 6 ;
SECONDER:
Ross Cunniff, Distnct 5 -
AYES:
Stephens, Overbeck, Troxell, Cunniff, Horak Martinez; Summers
NAYS:
None
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 155, 2018, on First Reading.
City of Fort Collins Page 466
December 18, 2018
RESULT:
ORDINANCE NO 155;2098, ADOPTED ON FIRST READING [7-0]
MOVER:
Gerry Horak., District 6
SECONDER:
Ross Cunniff, District'5
AYES:
Stephens, Overbeck, Troxell, Cunniff, Horak, Martinez, Summers.
NAYS:
None
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 156, 2018, on First Reading.
RESULT:
ORDINANCE NO. 155, 2018, ADOPTED ON FIRST READING 041
MOVER-
Gerry Horak, District 6 "
SECONDER:.
Ross Cunniff, District5;•
AYES:
Stephens, Overbeck, Troxell, Cunniff, Horak, Martinez, Summers,
NAYS€
None
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 174, 2018, on First Reading.
RESULT:
ORDINANCE NO 174;,2018, ADOPTED ON FIRST READING'15 TO 2]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Stephens, Overbeck, Troxell, Cunniff; Horak
NAYS:.
Martinez, Summers
23. First Reading of Ordinance No. 175, 2018, Amending Chapter 23 of the Code of the City of Fort
on First Reading
The purpose of this item is to consider Ordinance No. 175, 2018 as a follow-up to Ordinance No. 056,
2018, which stated:
That the City Manager is directed to study whether the Art in Public Places (APP) Ordinance needs
to be amended to address future Broadband System projects and to present any recommended
amendments to Council before the end of 2018. This should include consideration of a contribution
amount capped at .5% of the Broadband System's anticipated annual operating revenues once
the system is in full operation, which capped amount is estimated to be from $125, 000 to $150, 000.
The City Manager should also evaluate and recommend to Council how to fund art -in -public places
contributions for Broadband System appropriations. It is Council's intent that some or all of the
funds transferred by this Ordinance to the Cultural Services and Facilities Fund shall be transferred
to the Light and Power Fund as appropriate and in accordance with the program amendments
adopted by Council in follow up to this review process.
This Ordinance would also add back into the APP provisions of the City Code language that was
inadvertently omitted in 2012, when the APP Code provisions were rewritten.
Ginny Sawyer, Senior Project Manager, discussed the Art in Public Places program (APP) which
requires a 1% contribution to provide public art on any City construction projects over $250,000.
City of Fort Collins Page 467
December 18, 2018
In 2012, Utility contributions were capped to 0.5 of the annual operating revenue. It has been
determined that about $80 million of the broadband capital is eligible under the current APP
definitions. If Connexion is considered under Light and Power, there would be about a $600,000
payment to APP. If Connexion is considered to have its own fund, there is no operating revenue;
therefore, the contribution would be $0. The hybrid option C takes the estimated $33 million of
build -out annual revenue and applies it to the $80 million, but not in the exact year.
Sawyer stated her public outreach showed a great deal of support for Art in Public Places as well
as for the success of Connexion. She stated the Art in Public Places Board, as well as the Cultural
Resources Board, would like to seethe $600,000 contribution, but on a delayed timeframe, which
is being listed as option D.
Councilmember Overbeck asked if staff developed a range of estimates rather than the hard
number. Sawyer replied the amount listed is option C is just an estimate and the goal is to
determine the actual operating revenue from 2022, the firsf year of full build -out, and make the
APP contribution based on that actual amount.
Councilmember Stephens asked if there is any flexibility in utilizing the APP funds for supporting
the arts in more non-traditional ways. Sawyer replied the funds would be restricted similar to other
utility funding and must benefit those who pay; however, the APP program is very flexible with
different arts and styles.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt Ordnance
No. 175, 2018, Option C, on First Reading.
Councilmember Cunniff suggested the addition of language relating to the application of
subsequent modifications prior to Second Reading.
Councilmember Stephens encouraged the use of the funds to support the arts in general rather than
one specific piece.
Mayor P.fo Tem,Horak stated this is a tax on the users of the broadband service.
Councilmember Stephens stated the funds should be used as part of the broader community to
achieve goals related to bridging the digital divide.
Mayor Troxell stated the success of Connezion should be primary and that will drive the APP
e nrr•aee
RESULT: ORDINANCE NO 115,�2018, OPTION C, ADOPTED ON FIRST READING
[UNANIMOU_S].
MOVER:: Gerry Horak, District 6 ,
SECONDER: Kristin Stephens, District
AYES: Martinez, Stephens, Summers, Qverbeek, Troxell, Cunniff, Horak
i CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS
City of Fort Collins Page 468
December 18, 2018
6 OTHER BUSINESS
Councilmember Cunniff requested and received Council support to direct staff to contemplate a
change that would.allow citizens and Councilmembers to pull Resolutions and Ordinances rather
than an entire item.
Councilmember Overbeck thanked Council for collaborating on various issues and thanked staff
for their work and service.
Executive Session Authorized
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, that City Council
go into executive session for the purpose of meeting with the City Attorney's and City Management
staff to discuss the following matter as permitted under Section 22-31(A)(2) of the City Code and
Colorado Revised Statute Section 24-6-402(4)(b): 1. Specific legal questions related to litigation
or potential litigation by the Mennonite Fellowship regarding the Fellowship's locker program
approval and, 2. The manner in which particular policies, practices, or regulations of the City
related to the Mennonite Fellowship locker program may be affected by existing or proposed
provisions of federal, state, or local laws.
RESULT: ADOPTED [6 TO 11
AYES: Martinez, Stephens, Overheck, Trozell, Cunniff,.Horak,
NAYS: Summers
6 ADJOURNMENT
The meeting adjourned at 10-56 PM.
Mayor
ATTEST:
Ci y Cler
SEAL
City of Fort Coffins Page 469