HomeMy WebLinkAboutMINUTES-12/03/2019-RegularDecember 3, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
ABSENT: Summers
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated the published agenda has two changes: the addition of a resolution
to create a Council committee to make selection process recommendations to Council for the Chief
Judge recruitment process and the executive session was rescheduled to January 7 to continue
annual reviews of Council's direct reports and any related salary ordinances.
• PUBLIC COMMENT
Patrick Lawson discussed the importance of public charging stations for electric cars, but they are
frequently not functioning in the city. He offered the services of his company to maintain the
units.
Asa Borne discussed House Bill 19-1230 regarding consumption marijuana lounges and supported
them as being a good way to provide legal locations for smoking.
Dennis Gatlin, Boxelder Sanitation District Chair, expressed concern the City may be considering
the unprecedented action of providing sewer service in Boxelder's approved and long-standing
service area. Council has refused to take part in a meeting with Boxelder and he encouraged
Council to review and approve an intergovernmental agreement that will resolve the issue.
Nate Miller, Boxelder Sanitation District Boardmember, expressed concern the City may be
considering providing sewer service in the Mountain Vista subarea, which is part of the Boxelder
service area.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments and requested staff input regarding charging
stations. Regarding the Boxelder comments, Mayor Troxell stated he has had conversations with
Mr. Gatlin and staff is working on a proposal to bring the item before Council for further
discussion. The City is not seeking to provide service; however, a development applicant can
pursue the City providing service.
Deputy City Manager Jeff Mihelich agreed with Mayor Troxell's assessment of the Boxelder issue
and stated there is a great deal of development pressure in northeast Fort Collins. He confirmed
the City has been asked by developers in the area if there are alternatives for sanitary sewer service
and staff believes there could be some efficiencies for both City Utilities and Boxelder to look at
capacity sharing. The City has not offered to serve any part of Boxelder's district.
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December 3, 2019
Councilmember Cunniff asked if staff is facilitating the discussion with developers. Deputy City
Manager Mihelich replied in the affirmative and stated options are being explored at the staff level
to determine any interest on the part of Boxelder.
Councilmember Cunniff stated he does not necessarily see a benefit to the rate payers of either
utility. He would like to ensure any staff time involved is incidental. Deputy City Manager
Mihelich replied it has been incidental to this point.
Mayor Troxell noted Council could meet with the Boxelder Board as a possible next step.
Mayor Troxell requested staff input regarding electric car charging station maintenance. City
Manager Atteberry replied this is the first time he has heard concerns about specific charging
stations. He would like to have staff reach out to Mr. Lawson with a follow-up memo to Council.
Councilmember Cunniff requested the memo include information as to the number of facilities
and timing of maintenance.
• CONSENT CALENDAR
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Gorgol, to adopt and
approve all items on the Consent Agenda.
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Kristin Stephens, District 4
Emily Gorgol, District 6
Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
Summers
Consideration and Approval of the Minutes of the October 15 and November 5, 2019„ Regular
Council Meetings and the November 12, 2019 Adiourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the October 15 and November 5, 2019 Regular
Council meetings and the November 12, 2019 Adjourned Council meeting.
2. Second Readinci of Ordinance No. 139 2019 Appropriatinq Prior Year Reserves for the
Purchase of Property on West Vine Drive. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 19, 2019, appropriates prior
year reserves in the Storm Drainage Fund to purchase a portion of the property at 1337 West Vine
Drive. This parcel is needed in order to construct the West Vine Outfall, which is part of the approved
West Vine Basin Master Drainage Plan.
3. Second Readln-q of Ordinance No. 140 2019 Appropriatina Prior Year Reserves in Various City
Funds to Reimburse Capital Expansion and Utility fee Funds and Housing Catalyst for Fees
Waived for the Mason Place Affordable Housing Protect. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 19, 2019, appropriates funds
from the Affordable Housing Capital Fund in the Community Capital Improvement Program and
General Fund reserves to reimburse certain City departments and Housing Catalyst for fees that were
waived for the Mason Place affordable housing project.
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December 3, 2019
4. Items Relating to Purchase of Vehicles. (Adopted)
A. First Reading of Ordinance No. 141, 2019, Appropriating Unanticipated Grant Revenue from the
Volkswagen Settlement Funds for the Purchase of Two Electric Vehicles to Replace End of Life
Diesel Vehicles and Associated Charging Equipment.
B. First Reading of Ordinance No. 142, 2019, Appropriating Unanticipated Grant Revenue from the
Volkswagen Settlement Funds for the Purchase of Three Alternative Fuel Body -on -Chassis Style
Buses.
The purpose of this item is to appropriate unanticipated grant revenue awarded to Transfort through
the Clean Air Act Settlement program administered by Colorado Department of Public Health and
Environment (CDPHE) and to reappropriate lapsing funds. Transfort was awarded funding through
CDOT's Consolidated Call for Capital Projects in 2018 for the purchase of a total of five alternatively
fueled vehicles and two depot chargers. Settlement funds can be used to cover 110% of the
incremental cost of purchasing an alternatively fueled vehicle compared with a new diesel vehicle.
Transfort plans to replace two end -of -life diesel revenue transit buses with two new zero -emission
vehicles (ZEV), purchase two depot chargers, and replace three end -of -life diesel cutaway buses with
three alternative fuel vehicles. Settlement funds do not require a local match.
5. First Reading of Ordinance No. 143 2019 Making ARpropriations and Authorizing Transfers of
Appropriations for the Horsetooth Outlet Proiect and Related Art in Public Places. (Adopted)
The purpose of this item is to request an appropriation of $3.2 million from Water Fund Reserves to
design and construct a project to provide a temporary backup water supply pumping system during a
planned October -November 2020 closure by Northern Water of the Soldier Canyon Dam Outlet
pipeline from Horsetooth Reservoir (Horsetooth Outlet Project). The pipeline provides water to the two
drinking water treatment plants serving the City of Fort Collins and surrounding areas, serving about
250,000 people. The pumping system is intended as an emergency backup supply system to the
primary Cache la Poudre River (Poudre River) water supply during the 60-day planned outage of the
Soldier Canyon Dam Outlet pipeline. The City will be reimbursed 58% of the project costs by the project
partners at the conclusion of construction; The Ciity's final contribution will be $1.4 million of the $3.2
million total project cost.
6. First Reading of Ordinance No. 145, 2019, Adopting the 2020 Classified Employees Pay Plan.
(Adopted)
The purpose of this item is to recommend the 2020 City Classified Employee Pay Plan. Classified jobs
are grouped according to job functions, a business practice commonly used by both the public and
private sectors, Pay ranges are developed by career group (management, professional,
administrative, operations & trades) and level for each job function. The result of this work is a City
Classified Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges for the
level, within each career group and function. Actual employee pay increases are awarded through a
separate administrative process in accordance with the budgeted amount approved by Council.
7. First Readina of Ordinance No. 146, 2019, Adopting the 2020 Larimer County Regional
Transportation Capital Expansion Fee Schedule. (Adopted)
The purpose of this item is to adopt the 2020 Larimer County Regional Transportation Capital
Expansion Fee schedule.
8. First Readinci of Ordinance No. 147 2019 Authorizing the Exchange of Stormwater Easements
Between the City of Fort Collins and John C. Graham and Ginger L. Graham. (Adopted)
The purpose of this item is to authorize an exchange of stormwater easements across portions of
property located in the Southwest Quarter of Section 6, Township 7 North, Range 68 West of the 61h
P.M: a stormwater easement from the City of Fort Collins to John C. Graham and Ginger L. Graham
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December 3, 2019
(consisting of 5,749 square feet located on City property) and a stormwater easement from John C.
Graham and Ginger L. Graham to the City of Fort Collins (consisting of 34,885 square feet) and a
temporary construction easement (consisting of 22,235 square feet) would be exchanged. As
consideration for the easements on the Graham property the City would convey the easement across
City property and the Stormwater Utility would agree to apply the balance of the difference between
the value of the two easements to Stormwater Plant Investment Fees (PIF) and monthly stormwater
fees for a hay barn built by the Grahams within the City limits, instead of additional cash consideration.
The City's receipt of the easements across the Graham property is consideration for the easement
across City property and the credited stormwater fees.
9. Resolution 2019-108 Approvina the Midtown Business Improvement District 2020 Bud et and
Operating Plan. (Adopted)
The purpose of this item is to approve the Midtown Business Improvement District (BID) 2020 budget
and operating plan. The Midtown BID includes parcels fronting South College Avenue from Drake
Road in the north to Boardwalk Drive in the south, as well as those fronting East Foothills Parkway
between East Swallow Road and South College Avenue.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Mayor Troxell requested staff input regarding Item No. 7, First Reading of Ordinance No. 146,
2019, Adopting the 2020 Lorimer County Regional Transportation Capital Expansion Fee
Schedule. City Manager Atteberry replied this program is a collaboration between Larimer County
and the City and was initiated to begin to address regional transportation issues within the growth
management boundary. Since 2000, this fee has raised approximately $6.4 million which is used
to leverage other grants. City Manager Atteberry discussed various projects which have been
funded by this fee.
Mayor Troxell suggested the success of this fee be discussed with other Larimer County
communities and stated this is a good news item.
• STAFF REPORTS
Trail and Roadway Improvements Benefiting K-12 Students in Northwest Fort Collins. (staff: Tessa
Greegor)
Tessa Greegor, Active Modes Manager, discussed new bicycle and pedestrian improvements in
northwest Fort Collins which directly benefit K-12 students in the area. The projects improve
safety and increase access to nature, recreation opportunities, schools, and existing bicycle and
pedestrian routes. Greegor detailed the projects which are located near Lincoln Middle School
and involved projects and funding from several City departments and other organizations. She
also discussed the Safe Routes to School programming that occurs in the area and which will utilize
the infrastructure.
Mayor Troxell commended staff for addressing this gap in a creative way.
Mayor Pro Tem Stephens thanked those who were involved in making this area safer for school
children. She asked if there are bikes available for children who may want to participate in bicycle
programs but who do not have a bike. Paul Sizemore, FC Moves Senior Manager, replied in the
affirmative.
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Councilmember Cunniff commended the work on these improvements.
Councilmember Gutowsky asked how school areas are selected for safety improvements and
mentioned an accident on Laporte Avenue. Greegor replied Laporte Avenue is currently a priority
project with safety being a key factor included when new designs and projects are prioritized.
Councilmember Gorgol asked how the City works with schools in the growth management area.
Sizemore replied FC Moves programming acknowledges there are schools serving students that
reside in city limits but attend schools in the growth management area. Those students are served
by Safe Routes to School and there is coordination between Larimer County, Poudre School
District, and the City to examine opportunities to provide infrastructure.
• COUNCILMEMBER REPORTS
Councilmember Cunniff reported on the first Larimer County Wasteshed Policy Committee
meeting and stated Mayor Troxell was elected Vice Chair of the group.
Mayor Pro Tern Stephens reported on the National League of Cities conference in San Antonio
and related presentation on San Antonio's free pre-K program, visit to Haven for Hope, a campus
that serves people experiencing homelessness, and visit to Community First, a tiny home
community, in Austin.
Mayor Troxell reported on Small Business Saturday and thanked Councilmembers who actively
participated.
• DISCUSSION ITEMS
10. Resolution 2019-109 Adopting the City's 2020 Legislative Policy Agenda. (Adopted as
Amended)
The purpose of this item is to consider and adopt the City's 2020 Legislative Policy Agenda. Each year
the Legislative Review Committee develops a legislative agenda to assist in the formation, analysis,
and advocacy of pending legislation and regulation. The Legislative Policy Agenda is used as a guide
by Council and staff to determine positions on legislation and regulation pending at the state and
federal levels and as a general reference for state legislators and the City's congressional delegation.
The Legislative Review Committee recommended adoption of the 2020 agenda at its November 5
meeting.
Tyler Marr, Deputy Director, Information and Employee Services, stated all the City's legislative
work is associated with the Strategic Plan, specifically to an objective within High Performing
Government that references proactively influencing policy and legislative development at all levels
of government. The 2020 Legislative Policy Agenda is the cumulative product of work from staff,
the Legislative Review Committee, and community input, and will be used to inform positions on
pending or introduced legislation. Changes for this year include items related to broadband,
immigration, gun violence, healthcare, and vaping. He noted immigration and health care are both
new sections within the Policy Agenda. Marr discussed an option provided related to health care
and support of Medicare for all.
Mayor Troxell noted the Legislative Review Committee consists of Councilmembers Cunniff,
Summers and Gutowsky.
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December 3, 2019
Rich Shannon encouraged Council to support the healthcare reform language.
June Hyman-Cismoski stated the League of Women Voters of Larimer County strongly supports
the proposed Policy Agenda position on healthcare.
Rick Casey, Fort Collins Sustainability Group, proposed language additions to the climate section
of the Policy Agenda.
JD Roybal supported the Medicare for all language.
Councilmember Cunniff requested staff input regarding Mr. Casey's suggested language additions.
Marr replied staff is not concerned with adding the words suggested.
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to adopt
Resolution 2019-109 with the healthcare language as presented and inserting language as
suggested by the Fort Collins Sustainability Group.
Councilmember Gorgol thanked the Legislative Review Committee and stated the Policy Agenda
represents the desires of Council.
Councilmember Pignataro agreed with Councilmember Gorgol and stated the language accurately
reflects Council's goals.
Mayor Pro Tern Stephens thanked the speakers and discussed the effect of medical debt on
homelessness. She commended the resulting document.
Councilmember Cunniff thanked Council for providing clear direction on the items it wanted to
have addressed and thanked contributing community members.
Councilmember Gutowsky discussed the Legislative Policy Committee's work and stated the
resulting Agenda reflects national issues. She discussed the importance of keeping clear lines of
communication with legislators.
Mayor Troxell commended the document and thanked the Legislative Policy Committee for its
work. He noted each topic is tied to one of the seven outcome areas that are part of the City's
dashboard. He stated this document helps to communicate Fort Collins' issues with other
jurisdictions and legislators.
RESULT: RESOLUTION 2019-109 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
ABSENT: Summers
• Resolution 2019-110 Creating a Council Committee to Make Selection Process
Recommendations to the Council, Commencing the Process to Select a Search Firm, and
Adopting a Plan and Target Schedule for the Recruitment and Selection of a Chief Judge.
The purpose of this item is to begin the Chief Judge recruitment and selection process by appointing
Councilmembers to an Ad Hoc Committee known as the Chief Judge Selection Process Committee to
develop recommendations to the Council for the recruitment and selection of a Chief Judge.
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Mayor Troxell stated Chief Judge Kathleen Lane has been in her position since 1988 and has
recently indicated her intent to retire. This item would create a subcommittee of Councilmembers
to help support Council in working with staff to secure a search firm and plan for recruitment and
selection for her replacement.
Mayor Troxell suggested charging the three members of the ad hoc committee dealing with direct
reports with this task. That committee consists of Mayor Troxell, Mayor Pro Tern Stephens, and
Councilmember Gutowsky.
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to adopt
Resolution 2019-110, inserting the names of Mayor Troxell, Mayor Pro Tern Stephens, and
Councilmember Gutowsky.
Mayor Pro Tern Stephens noted the ad hoc committee has started to do some work around what
qualities Council's direct reports should have; however, she stated she would welcome any
discussion if other Councilmembers want to be involved.
RESULT:
MOVER:
SECONDER:
AYES:
RESOLUTION 2019-110 ADOPTED [UNANIMOUS]
Ross Cunniff, District 5
Susan Gutowsky, District 1
Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
ABSENT: Summers
• OTHER BUSINESS
Mayor Troxell stated he is the alternate for the Northern Front Range Metropolitan Planning
Organization (NFRMPO) and he will be able to attend the December 13 meeting; therefore, the
selection of a second alternate is not necessary.
Executive Session Authorized.
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, that Council go
into executive session for the purpose of meeting with the City Attorneys and City Management
staff to discuss the manner in which particular policies, practices, or regulations of the City related
to the use of email may be affected by existing or proposed provisions of the federal, state, or local
law as permitted under City Charter Article II, Section 11(2), City Code Section 2-31(a)(2) and
Colorado Revised Statutes Section 24-6-402(4)(b). Yeas: Gorgol, Gutowsky, Pignataro, Cunniff,
Stephens and Troxell. Nays: none.
THE MOTION CARRIED.
(Secretary's Note: The Council was in Executive`Session from 7:11 p.m. until 8:06 p.m.)
Councilmember Gutowsky noted that Council will not discuss oil and gas regulatory framework
alternatives until April 28 and she feels an urgent need to address that issue sooner. She asked if
it would be possible to accelerate that item.,,, Deputy City Manager Mihelich replied staff has
planned on the April meeting and while he could ask the team if moving that up could occur, he is
unsure how much sooner would be feasible.
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City Manager Atteberry suggested the Executive Lead Team and Leadership Planning Team
examine the necessary work production and six-month calendar and return to the full Council with
information.
Councilmember Cunniff requested both the big picture regulatory environment as well as the
option of a moratorium be considered.
Councilmember Gutowsky discussed her reasons for feeling an urgency to begin discussions
around the issue, including environmental concerns.
Mayor Troxell requested an update on air quality assessment and a summary of the positions of
other area jurisdictions as part of the memo.
Councilmember Cunniff requested and received Council support to direct the City Attorney to
prepare information for him to take to the CIVIL Policy Committee meeting on Friday regarding
legislative action around executive sessions and email.
Councilmember Cunniff stated he has heard from members of at least four different City boards
who are concerned with the freeze on recruiting and replacement of board and commission
members. He requested the recruitment process be restarted and suggested some issues be
discussed at the Council retreat. He also suggested the possibility of extending existing terms until
replacements are appointed.
Mayor Pro Tern Stephens supported those recommendations and noted she has heard specifically
from the CDBG Commission which is concerned it may not have enough participants to aid in the
upcoming grant funding period.
City Manager Atteberry noted there is a work session on this topic next Tuesday during which
vacancy statistics will be presented.
• ADJOURNMENT
The meeting adjourned at 8:16 PM.
Mayor
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