HomeMy WebLinkAboutMINUTES-11/20/2018-RegularNovemb.er20, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
o ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Coldiron
o AGENDA REVIEW: CITY MANAGER
City Manager Atteberry withdrew Item Nos. 13, First Reading of Ordinance No. 143, 2018,
Authorizing the Purchasing Agent to Enter into Contracts for Services,. Professional Services
and/or Construction in Excess of Five Years for the Proposed Enlargement of Halligan Reservoir,
and 18, Resolution 2018-112 Adopting the City's 2019 Legislative Policy Agenda, from the
Consent Agenda
City Manager Atteberry also noted the' Staff Report related to the Income Qualified Assistance
Program has been withdrawn due to a family emergency.
o PUBLIC COMMENT
Kit Baker discussed the financial benefits of government investment in the arts.
Charles Calisher discussed safety concerns on the street in front of Tavelli Elementary.
Alan Braslau discussed the new time -of -day electric rate structure noting his bill for the month of
November decreased over the past November. He stated all customers have the ability to lower
their bills by using more energy during off-peak hours.
Kimberly Chambers, Northern Colorado Pride, NoCo Safe Space, requested Council find
additional funds to make proclamations related to LGBTQ individuals matter to the community
by providing inclusivity training to City staff and Police, by requiring all single stall restrooms to
be labeled as non -gender or gender neutral, and by creating more local protection ordinances that
will remain in place if federal protections are seized.
Ace Noland reiterated Ms. Chambers' comments and discussed the importance of protection for
all community members regardless of sexual orientation.
Adam Eggleston expressed concern about the perceived rush to complete items, such as the fire
pit regulations, prior to the April election.
Alexander (no last name given) spoke about the importance of transgender rights.
Thomas Edwards opposed the time -of --day electric rates.
6 PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
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November 20, 2018
Councilmember Overbeck requested staff look at Tavelli Elementary per Mr. Calisher's comments.
He requested staff provide details on the City's race, equity, and leadership training.
Councilmember Cunniff stated the City needs to partner with the County on improving safety
along the road in front of Tavelli Elementary.
Councilmember Stephens thanked the speakers and requested staff input regarding equity and
inclusion training for staff and Police.
o CONSENT CALENDAR
Stacy Lynne withdrew Item No. 11, First Reading of Ordinance No. 141, 2018, Amending Sections
3.8.7 and 5.1.2 of the Land Use Code Sign Regulations, from the Consent Agenda.
John Baum withdrew Item No. 16, Resolution 2018-110 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 Strauss Cabin Enclave Annexation, from the Consent Agenda.
Mayor 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]
MOVERS
Gerry Horak, District 6
SECONDER:
Bob Overbeck; District 1
AYES;
Martinez, Stephens, Summers, Overbeck, Troxel1, Cunniff; Horak
Second Reading of Ordinance No. 128, 2018, Appropriating Unanticipated Grant Revenue in
the General Fund for Climate Action Efforts. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 6, 2018, appropriates $5,000 in
grant revenues from the Urban Sustainability Directors Network ("USDN") Innovation Fund Technical
Assistance Mini -Grant Program into the General Fund for the purpose of working with three other U.S.
cities to develop a full grant application to the USDN Innovation Fund. The full grant application will
develop a framework for cities to develop climate action plans and other planning efforts by
systematically addressing mitigation, resilience, and equity within a single planning process. The
technical assistance mini -grant, covered by this Ordinance, will convene the four total cities in
November 2018 to develop the full proposal. This project will leverage and align with the City's effort
to update the Climate Action Plan and Energy Policy in 2019 and 2020 (Budget Offer 43.12).
2. Second Reading of Ordinance No. 129,2018, Amending Land Use Code Section 3.26 Pertaining
to Trash and Recycling Enclosures for New Development. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 6, 2018, adopts an updated
section of the Land Use Code that pertains to trash and recycling to implement current techniques and
practices. This section was part of the annual update package that was approved by City Council on
June 5, 2018, but was removed for further refinement and outreach.
3. Second Reading of Ordinance No. 130, 2018, Amending Chapter 23 of the Code of the. City of
Fort Collins Regardinb Parks, Trails. Recreation, and Natural Areas. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 6., 2018, updates a number of
provisions within Chapter 23, Articles IX (Natural Areas) and X (Parks) of the City Code. The Code
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November 20, 2018
changes are intended to more accurately reflect the current practices and procedures of the Natural
Areas and Parks Departments. Various provisions are covered in these changes including permit
processes, slacklining, structures, and updating definitions to reflect the City's current organizational
chart.
This Ordinance has been amended on Second Reading to reflect the proper name "Colorado Parks
and Wildlife" and correct a minor error in the Code language of Section 4.
4. Second Reading of Ordinance No. 131, 2018, Amending Chapter 20 of the Code of the City of
Fort Collins Regarding Abatement of Nuisances. (Adopted)
5.
This Ordinance; unanimously adopted on First Reading on November 6, 2018, clarifies possible
ambiguity under the current Code. Section 20-44 will be amended to clarify that the notification
requirements of that section apply only to the abatement of nuisance properties. Without the change,
the current Code could be interpreted to mean Code Enforcement Officers must provide a violation
notice before issuing a citation and before abating a property. This change will clarify that providing
notice to property owners applies only to abatement, and not to the issuing of citations.
This Ordinance, unanimously adopted on First Reading on November 6, 2018, recommends that the
Planning and Zoning Board to approve, with conditions, the request for an Addition of Permitted Use
(APU) for a Professional Office at 200 East Swallow Road, located in the Low Density Residential (R-
L) zone district, and being made in conjunction with Minor Amendment MA180050. The APU would
allow 100% of the house to be used for a professional office versus 50% which is allowed under the
Home Occupation License. Approval of this item as part of the consent agenda represents approval
of the requested APU pursuant by ordinance. If this item is pulled from the consent agenda and
Council votes to deny the APU, staff will present an ordinance to deny the APU at the next regular
Council meeting.
6. Second. Reading . of -Ordinance _No. :136, 2018, Adopting -the.2019_Budget:and.Appropriating the
Fort Collins Share of the20f9 Fiscal Year Operating and Caaital Funds for the Northern
Colorado Regional Airport. (Adopted)
7.
This Ordinance, unanimously adopted on First Reading on November 6, 2018, adopts the 2019 budget
for the Northern Colorado Regional Airport and appropriates Fort Collins' share of the 2019 fiscal year
operating and capital funds for the Airport.
This Ordinance, unanimously adopted on First Reading on November 6, 2018, sets the Downtown
Development Authority ("DDA") Budget.
The following amounts will be appropriated:
DDA Public/Private Investments & Programs $3,470,849
DDA Operations & Maintenance $ 809,787
Revolving Line of Credit Draws $4,000,000.
DDA Debt Service Fund $6,225,522
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November 20, 2018
The Ordinance sets the 2019 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since tax
year 2002. The approved Budget becomes the Downtown Development Authority's financial plan for
2019. Ordinance No. 127, 2018 was numbered incorrectly on First Reading. The number has been
corrected for Second Reading.
8. First Reading -of .Ordinance.No. 138, 2018, Appropriating Unanticipated Revenue in the Light
and Power Fund for Purchased Power Expenses. (Adopted)
Q
The purpose of this item is to appropriate unanticipated revenues in the Light & Power Enterprise Fund
to offset higher purchased power expenses experienced in 2018. The Light & Power Fund realized
$2.8M of unanticipated revenues in 2018, while purchased power expenses for 2018 have been $2.9M
higher than what was budgeted for this expense. Because purchased power expenses represent 70-
72% of all expenses, this appropriation is necessary to ensure the Enterprise Fund remains under
budget for the year.
The purpose of this item is to appropriate reserves and unanticipated revenue for operation of the
Northern Colorado Drug Task Force (NCDTF). Management and fiduciary responsibilities for the
NCDTF have been transferred from Fort Collins Police Services to the Larimer County Sheriffs Office.
10. First Reading of Ordinance No. 140, 2018, Appropriating Prior Year Reserves in the General
Fund to Reimburse Woodward. Inc., for Development Fees and Use Tax. (Adopted)
The purpose of this item is to appropriate $64,479 of prior year reserves for a rebate to Woodward,
Inc., for development fees and use tax under an agreement that City Council approved on April 2,
2013 (Ordinance No. 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 1,460 and 1,700 primary jobs in the City.
11. First Reading of Ordinance No. 142., 2018, -Authorizing the Lease of City -Owned Property at
424 Pine Street for Up to 40 Years. (Adopted)
12.
13.
The purpose of this item is to obtain authorization from City Council to lease City -owned property to a
nonprofit corporation, United Daycare Center dba Teaching Tree Early Childhood Learning Center, at
a less -than -market lease rate of $600 per year fora period of up to 40 years. The initial term is for 20
years, followed by the option for 4 additional 5-year terms at the City's discretion.
(Adopted)
The purpose of this item is to authorize the Purchasing Agent, pursuant to City Code Section 8-186(a),
to enter into contracts greater than five years in length for services, professional services and/or
construction of the proposed enlargement of Halligan Reservoir, which is the preferred alternative for
the Halligan Water Supply Project. The request for a longer contract period is due to the large scope
of the project and the uncertainties related to the schedule for design and construction. Any contracts
authorized under the proposed ordinance would be no longer than ten years in length.
SubstationEnclaveAnnexation. (Adopted)
This is a City -initiated request to annex a 1.797-acre enclave consisting of a single -parcel into the City
of Fort Collins. The parcel became an enclave with the annexation of the Timan First Annexation on
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November 20, 2018
14.
15.
June 7, 1988. As of June 7, 1991, the City was authorized to annex the enclave by ordinance in
accordance with Colorado Revised Statutes § 31-12-106. The Trilby Substation Enclave Annexation
is located in southwest Fort Collins, abuts West Trilby Road to the north, and is situated between
Hazaleus Natural Area and Colina Mariposa Natural Area. The single parcel contains an electric
substation that is owned and operated by the Poudre Valley Rural Electric Association. The proposed
zoning for this annexation is the Public Open Lands (P-O-L) zone district, which complies with the City
of Fort Collins Structure Plan. The surrounding properties are existing Natural Areas owned and
administered by the City of Fort Collins.
The proposed Resolution makes a finding that the property has been completely contained within the
boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing
date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held
at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior
notice is required by state law.
This is a City -initiated request to annex an 8.4-acre enclave consisting of a single -parcel into the City
of Fort Collins. The parcel became an enclave with the annexation of the Kechter Farm Annexation on
May 6, 2014. As of May 6, 2017, the City was authorized to annex the enclave by ordinance in
accordance with Colorado Revised Statutes § 31-12-106. The Kechter Enclave Annexation is located
in southeast Fort Collins, abuts Ziegler Road to the east and is situated between Trilby Road and the.
Fossil Creek Reservoir. The single parcel contains a single-family residence with several agricultural
related outbuildings. The proposed zoning for this annexation is the Low Density Mixed Use
Neighborhood (L-M-N) zone district, which complies with the City of Fort Collins Structure Plan. The
surrounding properties are existing single-family residences that were developed in the county and
subsequently annexed by the City of Fort Collins.
The proposed Resolution makes a finding that the property has been completely contained within the
boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing
date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held
at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior
notice is required by state law.
(Adopted)
This is a City -initiated request to annex a 2.057-acre enclave consisting of three parcels into the City
of Fort Collins. The subject parcels became an enclave with the annexation of the Forney Annexation
on September 18, 2012. As of September 18, 2015, the City was authorized to annex the enclave by
ordinance in accordance with Colorado Revised Statutes § 31-12-106. The Friendly Fire Enclave
Annexation is located in northwest Fort Collins, abuts Laporte Avenue to the south between North
Bryan Avenue and Grandview Avenue. The three parcels contain a combination of single-family,
commercial, and industrial uses. The proposed zoning for this annexation is Limited Commercial (C-
Q. The surrounding properties are existing commercial and residential land uses.
The proposed Resolution makes a finding that the properties have been completely contained within
the boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing
date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held
at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior
notice is required by state law.
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November 20, 2018
O END CONSENT
o CONSENT CALENDAR FOLLOW-UP
Councilmember Stephens commented on Item No. 12, First Reading of Ordinance No. 142, 2018,
Authorizing the Lease of City -Owned Property at 424 Pine Street for Up to 40 Years. She noted
Teaching Tree is one of two facilities in the city that offers sliding -scale care for infants and this
lease will allow them to serve twice the number of families.
o COUNCILMEMBER REPORTS
Councilmember Martinez reported on the Salvation ,Army kettle drive kick-off and the India Night
event at CSU. He also discussed resolutions passed by the National League of Cities.
Councilmember Stephens reported on the National League of Cities racial equity and leadership
training, the Habitat for Humanity breakfast at Poudre High School, and the opening of the Junior
League Career Closet.
Mayor Troxell reported on hosting a U.S. SBA administrator to highlight Small Business Saturday
and discussed the National League of Cities Transportation Infrastructure Services meetings.
Mayor Pro Tern Horak reported on the National League of Cities discussion of homelessness in
Los Angeles.
o DISCUSSION ITEMS
18. Items Relatinq to 2019 Utility Rates for Electric and Stormwater Rates. Fees and Charges.
(Adopted on Second Reading)
A. Second Reading of Ordinance No. 134, 2018, Amending Chapter 26 of the Code of the City of
Fort Collin to Revise Electric Rate, Fees and Charges.
B. Second Reading of Ordinance No. 135, 2018 Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Stormwater Rates, Fees and Charges.
These Ordinances were adopted on November 6, 2018. Ordinance No. 134, 2018, was adopted by a
vote of 6-1 (Nays: Martinez). Ordinance No. 135, 2018 was unanimously adopted. The two
Ordinances adjust monthly charges for electric and storm water services in 2019. The revenue
requirements to support the 2019 budget will require increasing monthly charges for electric service
by 5.0% and stormwater service by 2.0%. Staff recommends no changes to water and wastewater
utility rates.
Eric Sutherland opposed the Boxelder Stormwater Authority and stated there are no elected
officials assuring rate payers are getting a good value. He stated the time -of -day rates are not
correlated with the actual cost of delivering electricity.
Alan Braslau stated his bills have decreased with the time -of -day rates and those decreases more
than compensate for these proposed rate increases.
R. Cook Cloninger stated she has an entire electric home and her first monthly bill under the time -
of -use rates was more than double her last bill. She stated the proposed rate increase is
unreasonable and the new billing is not equitable.
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November 20, 2018
Thomas Edwards opposed the time -of -use rates and rate increases for all electric homes.
Councilmember Stephens requested staff address the comments about all electric homes. Lance
Smith, Utility Finance Director, replied several citizens have commented on both decreases and
increases in their bills and stated there are a number of programs available to assist those who are
struggling.
Councilmember Stephens asked if there are billing exceptions for all electric homes. Smith replied
there is a different rate structure for all electric homes recognizing more electricity is required for
those homes.
Lisa Rosintoski, Utilities Deputy Director, provided information as to where customers can find
information about their bills and possible opportunities for savings.
Councilmember Martinez commented on the increase in his bill.
Mayor Pro Tern Horak noted time -of -use rates may not be to blame for bills going up this year
compared to last year or this month compared to last month.
Councilmember Cunniff asked what proof customers need to provide to become part of the
electric -only rate structure. Smith replied county assessor data is examined to determine whether
gas service is available to the home and all homes to which there was no gas service were
automatically placed on the electric -only rate structure. Rosintoski stated individuals who feel
their home is not correctly represented can fill out a short form and be switched to the all -electric
rate.
Mayor Troxell noted there are many "ghost" users of electricity in most homes.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No: 134, 2018, on Second Reading.
Councilmember Martinez stated he would not support the item as the time -of -use rates still need
to be examined for their full effect.
Councilmember Stephens stated a vote in favor of this item is not a vote against people who are
struggling to pay electric bills. The increases are not arbitrary and are necessary to pay for the cost
of providing service.
Mayor Troxell stated this increase is not related to the time -of -use rate structure and will aid in
covering costs to maintain reliable electric service.
Councilmember Summers stated prudent rate increases need to occur while still addressing and
aiding those who are most negatively impacted.
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November 20, 2018
RESULT:
ORDINANCE NO. 134,.2018, ADOPTED ON SECOND READING [64]
MOVER:
Gerry Horak, District 6
SECONDER;
Ross Cunniff, District 5
AYES:
Stephens, Summers; Overbeck; Troxell, Cunniff, Horak'
NAYS:
Martinez
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 135, 2018, on Second Reading.
RESULT: ORDINANCE NO. 135 2018, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
19.
This Ordinance, unanimously adopted on First Reading on November 6, 2018, sets the City Budget
for the two-year period (2019-20) which becomes the City's financial plan for the next two fiscal years.
This Ordinance sets the amount of $635,086,160 to be appropriated for fiscal year 2019. However,
this appropriated amount does not include what is being appropriated by separate Council/Board of
Director actions to adopt the 2019 budget for the General Improvement District (GID) No. 1 of
$167,000, .the.2619 budget for GID No. 15 (Skyview) of $1, 000, the Urban Renewal Authority (URA)
2019 budget of $5, 867, 677 and the Downtown Development Authority 2019 budget of $14, 506,158.
This results in City -related total operating appropriations of $655, 627, 995 in 2019. This Ordinance also
sets the 2019 City mill levy at 9.797 mills, unchanged since 1991.
Lawrence Pollack, Budget Manager, discussed additional offers Councilmembers wanted to fund
that were not included in the original recommended budget, but were included in the First Reading.
During the First Reading discussion, two friendly amendments were made, one relating to the
grade -separated Power Trail crossing at Harmony and one relating to FCPAN, and are included in
this Second Reading.
Pollack noted two amendments, among others, could be discussed this evening: one for the West
Elizabeth enhanced travel corridor and one for the Pedestrian Master Plan and FC Walks program.
Both of these offers involve one-time funding; therefore, staff recommends using General Fund
reserves if Council would like to fund one or both.
Pollack summarized the budget as being balanced and fiscally prudent that maintains investments
in core services, continues investment in capital replacement, and maintains commitments to
voters who approved the Keep Fort Collins Great sales tax.
Eric Sutherland opposed the $5.8 million in capitalized interest for the broadband utility. He stated
there needs to be some type of oversight on the broadband expenditures and stated the expenditures
have been fiscally irresponsible.
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November 20, 2018
Mayor Pro Tern Horak requested staff input as to Mr. Sutherland's comments. City Manager
Atteberry stated he would like to respond under separate cover and noted the broadband utility was
approved by voters and all transactions have occurred with transparency.
Councilmember Cunniff noted the $5.8 million in capitalized interest will be paid by rate payers
and the bond structures were designed to optimize the construction schedule. He disagreed the
expenditure is irresponsible.
Councilmember Summers also disagreed with Mr. Sutherland.
Councilmember Stephens asked about the association of a 0.5 FTE position with the Pedestrian
Master Plan. Pollack replied that is hourly support in the amount of a 0.5 FTE.
Councilmember Cunniff stated he would not be proposing an amendment related to the Pedestrian
Plan; however, he would like staff to address the management of pedestrian infrastructure in the
city. He stated he would like pedestrian infrastructure to ultimately be a more first-class option.
City Manager Atteberry expressed agreement with Councilmember Cunniff and stated this offer
may not particularly address his thoughts; however, there are alternatives and he will report
regularly to Council on progress.
Councilmember Martinez stated he would rather see the funds from that offer go towards building
more sidewalks in the city.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 133, 2018, on Second Reading.
Councilmember Stephens noted $50,000 was taken out of the budget for flowers and suggested it
might be possible for individuals to sponsor flower beds or to utilize City Fund.
Mayor Pro Tern Horak noted the $50,000 cut was from the $2 million offer from Parks and
Recreation for downtown maintenance.
Councilmember Martinez commended staff work on the budget.
Councilmember Overbeck commended work on the budget and expressed concern about the need
to spend $100,000 per year on encampment clean-up of needles and other harmful refuse. He
stated additional education efforts need to be made to reduce the need for this expenditure.
Mayor Troxell stated the budget is the culmination of 2 years of work and complemented staff and
Council on their work. He stated the budget maintains expected levels of service and provides
support for the fifth City utility.
RESULT:.
ORDINANCE NO. 133,-20181 ADOPTED"ON SECOND READING [UNANIMOUS]
MOVER:
Gerry Horak, District6
SECONDER:
Ross Cunniff, District 5
AYES:
Martine2, Stephens, Summers; Overbeck; Troxell, Cunniff; Horak
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November 20, 2018
20. First Reading of Ordinance No. 144, 2018 Amendind Chapter 12 of the Code of the City of Fort
Collins to Establish the Requirements for a Building Energy and Water Scoring Program.
(Adopted on First Reading)
The purpose of this item is to establish requirements for building owners to provide information related
to energy and water use in commercial and multifamily buildings larger than 5,000 square feet.
The ordinance requires:
0 Building owners to benchmark and report energy and water performance data to the City,-
• Energy and water performance data be made available to the public;
o A phased implementation over three years based on building size and sector,
o Building owners to apply for exemptions to the requirement if necessary;
o A compliance mechanism for enforcement if necessary.
Kevin Gertig, Utilities Executive Director, stated this item is the result of two years of program
development and extensive engagement with peer cities and stakeholders.
John Phelan, Energy Services Manager, stated this effort provides savings through efficiency and
conservation in the short and long-term and by supporting community goals established for energy,
water and climate policies. The building energy and water scoring program also provides
predictability and specific units of measure.
Kirk Longstein, Utilities Environmental Planner, stated this Ordinance requires building owners
to benchmark and report energy and water data to the City. Staff recommends a phased
implementation, beginning with non -industrial commercial buildings and followed by multi-
family buildings in 2021. Exemptions for certain use types are included; however, non-compliance
for buildings that are included would result in a fine of $1,000.
Adam Eggleston expressed concern this is forcing the market before the market is ready. He
opposed this moving forward for single-family dwellings and expressed concern about the possible
effects on housing affordability.
Andrew Bennett, Energy Outreach Colorado, stated this item is good for affordable housing
because it provides transparency and allows renters to ensure they, will not be stuck with high
energy bills due to inefficient construction or furnaces.
Sue McFadden stated Energy Star portfolio manager is a simple tool that can be used by
businesses.
Christine Brinker, Southwest Energy Efficiency Project, supported the proposed ordinance and
discussed why a voluntary program would not be as effective.
Alan Braslau, Energy Board member, stated the Energy Board supports the program and stated it
is a good way to bring value to commercial properties in Fort Collins.
Councilmember Summers asked how this plan compares to the other cities with similar programs.
Phelan stated the Fort Collins plan includes smaller buildings than most other cities,primarily due
to the building stock in the city. Early cities that adopted this were large metropolitan areas such
as New York and Los Angeles. He noted there is no requirement for retrofitting buildings as staff
feels it is the market's role to decide what to do with the information and whether a building owner
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November 20, 2018
would find making improvements to be beneficial financially. Longstein noted this information
is not required to be part of real estate transactions.
Councilmember Summers questioned whether the goals of the program are disclosure to buyers
and consumers or increased energy efficiency. Phelan replied both are program goals and a single
program can address multiple objectives with the same tools:
Councilmember Summers asked how apartment buildings' energy scores can be controlled given
the various electric needs of different tenants. Phelan replied building owners would not be
controlling that; the purpose would be to measure the higher -level aggregated use of the building.
i
Councilmember Summers asked if utility costs of a building are available to building buyers.
Phelan replied that information could be requested from the property seller. This proposal would
provide generally available information for the public.
Councilmember Summers asked if there are other energy efficiency programs that force
participation with the threat of a fine. Phelan replied the Energy Code has minimum standards and
there are water conservation standards that, if not met, could result in a citation. This is the first
time a building energy efficiency program in Fort Collins has a requirement basis to it, which is
why the outreach and review has taken two years.
Councilmember Summers asked if the City has successful voluntary energy efficiency programs.
Phelan replied in the affirmative but noted a critical mass of data point is necessary to provide
consistent, predictable, and credible information -on building performance to the broader market.
Councilmember Summers stated an ordinance is an overreach and asked about the program
administrative costs to the City. Phelan replied this is planned to be implemented with existing
resources.
Councilmember Martinez asked how the City will manage the program. Phelan replied the phased
approach over the next three years has been outlined and the required workload is not expected to
be a new expense, particularly as automation becomes more efficient.
Councilmember Martinez asked how many buildings are involved. Longstein replied there are
430 buildings in the first year and a total of 1,600 buildings.
Councilmember Martinez asked about software expenses. Phelan replied the software is from the
Environmental Protection Agency and is free.
Councilmember Martinez asked about the costs to building owners. Phelan replied the main cost
will be in time spent setting up and managing the portfolio account. That time is estimated at 4-6
hours for the first year and 1-2 hours per year for subsequent years.
Councilmember Martinez asked if an incentive program has been considered. Phelan replied that
has been considered; however, very low rates in terms of buildings using the tool and submitting
information were found in other communities with voluntary programs. Those communities with
ordinances in place are seeing very high participation with little use of the compliance mechanism
or citation. He noted no citations would occur until 2021 to provide adequate time for assistance
through the process.
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November 20, 2018
Councilmember Martinez asked how businesses are flagged for non-compliance. Phelan replied
buildings would be notified of the expectation for them to participate and those that have not
submitted information after one year would be contacted and asked to do so within the next year.
Councilmember Martinez asked which entities support or oppose the proposal. Longstein replied
there was general support from boards and commissions in terms of the program helping to achieve
City goals. Entities that did not support the program cited a lack of information or understanding
of what was being presented, a dislike of a punitive approach, and a fear of future regulations.
Longstein stated the working group was able to reach consensus on most items except the amount
of the fine. Phelan noted there was broad consensus and support for the transparency element, for
the proposed tools to be used, for making the information widely available, and for the need to
reach a critical mass.
Councilmember Martinez asked how businesses benefit from participating in the program. Phelan
replied evidence shows participating businesses reduced their utility costs by 2.5% in the first year
of participation and their time investment would likely be recouped in utility savings.
Councilmember Martinez expressed concern about this being overreaching and requested
additional information prior to Second Reading.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 144, 2018, on First Reading.
Councilmember Cunniff stated he is glad to support this item and noted individuals looking for
affordable housing in terms of utilities are another important stakeholder group. This will benefit
consumers and supported the regulatory option as being necessary to provide enough data to make
the market function.
Councilmember Stephens stated she would support the motion and thanked Mr. Bennett for
speaking about the effect of utility costs on low-income families.
Councilmember Overbeck thanked staff for their work and stated more market data and
transparency are important.
Mayor Troxell stated he would support the motion
RESULT:-
ORDINANCE NO. 144, 2018, ADOPTED. ON FIRST READING 16 TO 1] `
MOVER:
Gerry Horak, District 6
SECONDER;
Ross: Cunniff, District 5
AYES:
Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
NAYS:=
Summers:
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
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November 20, 2018
o CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS
16. First Reading of Ordinance No. 141, 2018, Amendinq Sections 3.8.7 and 5.1.2 of the Land Use
Code Sign Regulations. (Adopted on First Reading)
The purpose of this item is to update the Land Use Code (LUC), specifically the sign section, to improve
overall legibility, address common requests, implement action items from the adopted Downtown Plan,
and provide standards for new technology.
Stacy Lynne stated she pulled the item due to concerns over its placement on the Consent Agenda.
She showed a video of various staff and Councilmembers making statements about the Sign Code
update and stated the decision -making process that has been used for the last year is an example
of how not to create public policy. She requested this item be tabled in the interest of transparency
and to allow for a meaningful public process.
Mayor Pro Tern Horak made a motion; seconded by Councilmember Cunniff, to adopt Ordinance
No. 141, 2018, on First Reading.
Mayor Pro Tern Horak stated this is a regular meeting and any item could be pulled from the
Consent Agenda, as this was. Additionally, there will be a second reading.
City Attorney Daggett stated one of the primary purposes of the changes being presented is to
ensure the Sign Code is in compliance with applicable law.
RESULT:- ORDINANCE NO. 141, 2018, ADOPTED`ON FIRST READING [UNANIMOUS]
MOVER:. G.erry.Horak, District 6'
SECONDER: Ross Cunniff, District,5
AYES: Martinez, Stephens; Summers; Overbeck, Troxell; Cunniff, Horak
17.
Enclave Annexation.
This is a City -initiated request to annex a 35.036-acre enclave consisting of eight parcels into the City
of Fort Collins. The subject parcels became an enclave with the annexation of the Rivenaalk
Annexation on October 27, 2009. As of October 27, 2012, the City was authorized to annex the enclave
by ordinance in accordance with Colorado Revised Statutes §31-12-106. The Strauss Cabin Enclave
Annexation is located in southeast Fort Collins, abuts Kechter Road to the south and is bisected by
Strauss Cabin Road. The eight parcels contain a combination of single-family, agricultural, and
institutional uses. The proposed zoning for this annexation is Urban Estate (U-E), which will require a
separate item to amend the Structure Plan for the properties on the east side of Strauss Cabin Road.
The surrounding properties are existing single-family residences, a City of Fort Collins Natural Area
and an undeveloped property to the east referred to as H25.
The proposed Resolution makes a finding that the properties have has been completely contained
within the boundaries of the City for not less than three years; initiates annexation proceedings, sets
a hearing date for the annexation ordinance and directs the City Clerk to publish notice. The hearing
will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty
days of pnor notice is required by state law.
John Baum stated he pulled this item because the estimate for the stormwater fee is misleading to
the point of being deceptive. He stated he is a victim of excessive stormwater fees and the estimate
of the stormwater fees for this annexation was inaccurate. The stormwater calculation does not
include fees relating to the City adding improvements to the stormwater system as a result of the
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November 20, 2018
annexation, nor does it take into account whether the property does or does not drain into the
stormwater system or whether the property benefits from the stormwater system. He stated the
City considers only the developed area of the property, which is not a defined or consistent
measure.
Mayor Pro Tern Horak requested a staff response to Mr. Baum's statements. Theresa Connor,
Deputy Director of Water Engineering and Field Services, stated she has met with Mr. Baum and
acknowledged the stormwater industry does not have a perfect way of calculating fees and instead
uses modeling efforts and journal calculations. The main goal of the utility is to protect life and
property in extremely large rain events and stated the developed area is generally considered the
non-agricultural area of the property. The fee is calculated as the size of the developed area of the
property times the runoff rate.
Mayor Troxell asked if this calculation is consistent and defensible. Connor replied in the
affirmative and stated Mr. Baum disagrees with the methodology; however, it is very defensible.
Credits are provided for using best management practices, which is the reason there is a range of
fees.
Ted Shepard, Chief Planner, stated individuals in the annexation area were presented with
hypothetical estimates for stormwater fees.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution
2018-110.
Mayor Pro Tern Horak noted there is not an equivalent system in the County and the assessed fees
cover the citywide system.
RESULT:. RESOLUTION 20186110 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez;Stephens, Summers, Overbeck, Troxell; Cunniff, Horak
o OTHER BUSINESS
Councilmember Overbeck discussed the budget line item for encampment clean-up in Natural
Areas and stated a "Leave No Trace" education campaign or similar program could be prudent.
Councilmember Cunniff stated he would support staff researching the issue and providing a memo
to Council.
City Manager Atteberry stated he would have a memo provided to Council.
Councilmember Martinez requested information related to HOA water bills. Carol Webb, Deputy
Director, Water Resources and Treatment Operations, replied Council adopted changes to the
water supply requirements and cash -in -lieu fees in 2017. In conjunction with that change, the
surcharge for excess water use over a given allotment was increased. Because of the increased
cost of service, some customers, many of which are HOAs, are now being charged a much larger
surcharge. Webb noted outreach to HOAs was difficult; therefore, the effective date of the
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November 20, 2018
increased surcharges was delayed by one year and incentives for further delay include showing
diligence in reducing water use.
Webb stated that while the fees seem punitive year to year; it takes the utility quite a bit of time to
recover the cost it needs to firm the supply for the customer. In the short term, the increased fees
are sending a price signal to customers to encourage a reduction in water use or changes in
landscaping.
Councilmember Cunniff discussed the placement of an easy -to -locate directory of key personnel
on the City's web page. City Manager Atteberry replied the web page design is intended to make
it easier for citizens to get in touch with the correct person or department; however, a directory can
be easily added.
Mayor Pro Tem Horak congratulated Councilmember Overbeck on being elected Larimer County
Assessor and noted the election is not certified until November 28', after which he expects
information regarding his replacement on Council.
O ADJOURNMENT
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
PM, Tuesday, November 27, 2018, to consider the appeal of the Zoning Board of Appeals approval
of the sign variance 180021 for The Exchange, 216 North College Avenue, and for such other
business as may come before the Council.
RESULT-:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District;5
AYES:
Martinez, Stephens; Summers, Overbeck, Troxell, Cunniff; Hofak
The meeting adjourned at 9:28 PM.
Mayor
ATTEST:
City CI
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