HomeMy WebLinkAboutMINUTES-02/05/2019-Regular`February 5, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Coldiron
® AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated additional attachments have been provided for Item No. 14,
Resolution 2019-016 Adopting a Revised Policy for Reviewing Service Plans of Metropolitan
Districts, a revised Resolution has been provided for Item No. 17, Items Relating to Extending the
Keep Fort Collins Great Tax, and two of the three compensation ordinances have had date
corrections.
Mayor Troxell proposed changing the order of the discussion items in the event some need to be
postponed. No Councilmembers objected and the order was changed.
® PUBLIC COMMENT
Tricia Diehl opposed the Skyway Towers 100-foot cell tower in the Fossil Lake area that was
administratively approved through the County. She stated residents were not informed about the
tower until construction began.
Eric Sutherland stated Colorado has failed to adequately fund public education in the state. He
suggested the placement of a cap on using school district funds for other purposes.
Fred Kirsch stated the City's robust nuisance code can be utilized and adjusted to allow property
owners to do what they wish with their properties as long as they are not negatively impacting
others.
Mike Pruznick asked about solar -related changes part of Item No. 12, First Reading of Ordinance
No. 019, 2019, Making Various Amendments to the City of Fort Collins Land Use Code.
Melanie Potyondy, Women's Commission, welcomed Councilmember Gutowsky and thanked
Council for its thoughtfulness in enacting an anti -harassment policy for the City.
Collin Garfield congratulated Councilmember Stephens and Mayor Troxell on their bids for
reelection and welcomed Councilmember Gutowsky. He also thanked Amanda King for giving
him the opportunity to speak about the broadband effort during the State of the City video. He
encouraged the City to utilize and leverage the work done by citizens regarding the broadband
effort.
Adam Lovell opposed the police shutdown of a group of individuals who makes meals for those
in need on Sunday afternoons. He stated that shows a lack of ethics in City regulations..
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February 5, 2019
John Anderson stated the appointment of a person to Council who is slated to be part of a
democratic election for the seat is unethical and reflects poorly on the standards that allow it.
Christine Houldsworth opposed the Skyway Towers cell tower in the Fossil Creek area and
discussed the lack of information paresented to neighbors. She requested assistance from the City
in relocating the tower.
Thomas Edwards accused Council of lying about utility rates and the availability of certain Sunday
bus routes. He also suggested the Council has not helped veterans get housing. .
0 PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Mayor Troxell requested City Manager Atteberry address Mr. Lovell's comments. City Manager
Atteberry replied he would provide information under separate cover; however, his understanding
is the event was occurring without a permit. Ted Shepard, Chief Planner, has already spoken to
Mr. Pruznick about his concerns.
Councilmember Martinez asked if Mr. Pruznick's ability to use solar on his home is being impeded
by any of the proposed Land Use Code changes. Shepard replied in the negative and stated solar
installation on a personal residence is an accessory use and the Code changes speak to solar farms
as a principal use.
Councilmember Martinez noted it is important to follow proper processes for health and safety
reasons in terms of food distribution.
Mayor Pro Tem Horak stated he has recently seen trucks stop on Linden to distribute food and
questioned whether those operations have permits. City Manager Atteberry stated he would reply
as part of a separate memo.
Mayor Pro Tern Horak stated he has visited the Skyway Towers site and acknowledged there is a
hole in the City/County intergovernmental agreement on these issues. He stated the Larimer
County Commissioners are the only entity capable of making a change at this point.
Councilmember Summers commended the citizens who spoke with concerns about the Skyway
Towers site.
Mayor Pro Tern Horak encouraged staff to meet with Mr. Edwards regarding his utility bill. He
stated the Sunday Transfort service is limited, but includes as much as can be funded at this point
and disagreed with Mr. Edwards comments about the City assisting with housing veterans.
Mayor Troxell mentioned Mr. Sutherland's comments and publicly disagreed with his letter
negatively addressing Councilmember Gutowsky.
Councilmember Summers stated Mr. Sutherland's comments would be better addressed to the state
legislature.
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February 5, 2019
® CONSENT CALENDAR
Mayor Troxell noted Item Nos. 5, Second Reading of Ordinance No. 006, 2019, Amending the
Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Friendly Fire Enclave Annexation to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map, 7, Second Reading
of Ordinance No. 008, 2019, Amending the Zoning Map of the City of Fort Collins and Classifying
for Zoning Purposes the Property Included in the Kechter Enclave Annexation to the City of Fort
Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood. Sign
District Map, and 9, Second Reading of Ordinance No. 012, 2019, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Trilby
Substation Enclave Annexation to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map, are public hearings.
Mayor Pro Tom Horak made a motion, seconded by Councilmember Stephens, to adopt and
approve all items on the Consent Agenda.
RESULT: CONSENT CALENDAR 4660ED [UNANIMOUS]
MOVER; Gerry Horak, Distnet 6 ,12
SECONDER- Kristin,'Stephens, District;4 .
AYES: ' MO."n'6z, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak a
2.
Consideration AndApprovalof the Minutes From the January 15.2019 Regular Council Meeting
and the January 22, 2019 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the January 15, 2019 regular Council meeting
and the January 22, 2019 adjourned Council meeting.
(Adopted)
This Ordinance, unanimously adopted on First Reading on January 15, 2019, funds the Victim
Services Unit of Fort Collins Police Services for victim advocacy services under the .Colorado Victim
Rights Amendment for victims of crime and their family members. The Fort Collins Police Services
Victim Services Unit has been awarded a 12-month grant in the amount of $27,000 for the period from
January 1, 2019 to December 31, 2019, by the Eighth Judicial District Victim Assistance and Law
Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for
the salary for the, part-time victim advocate who provides crisis intervention services during weekday
hours and is housed in the Victim Services office.
3. Second. Reading of Ordinance No. 003, 2019, Appropriating Unanticipated Grant Revenue in
the General Fund for the Purchase of New Recycling Equipment at the Timberline Recycling
Center. (Adopted)
4.
This Ordinance, unanimously adopted on First Reading on January 15, 2019, appropriates grant funds
to purchase a new cardboard compactor unit for the City's public drop-off site, Timberline Recycling
Center, as well as a new cover for an existing baler to protect it from weather conditions,
This Ordinance, unanimously adopted on First Reading on January 15, 2019, annexes a 3 parcel,
2.057 acre enclave located in northwest Fort Collins. The property abuts. Laporte Avenue to the south
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February 5, 2019
5.
and is situation between Grandview Avenue and North Bryan Avenue. The Enclave consists of a
combination of residential and commercial uses.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council's Rules of Meeting
Procedures adopted in Resolution 2018-034.
This Ordinance, unanimously adopted on First Reading on January 15, 2019, zones the property
included in the Friendly Fire Enclave Annexation into the Limited Commercial (C-L) zone district and
Neighborhood Sign District.
6. Second Reading_of_Ordinance_No...007, 2019, Annexing the Property Known as the Kechter
Enclave Annexation to the City of Foirt Collins. Colorado. (Adopted)
7
This Ordinance, unanimously adopted on First Reading on January 15, 2019, annexes an enclave of
approximately 8.4 acres of land in southeast Fort Collins. The property abuts Ziegler Road to the east
and is situation between Trilby Road and the Fossil Creek Reservoir. The parcel contains a single-
family residence with several agricultural related outbuildings.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council's Rules of Meeting
Procedures adopted in Resolution 2018-034.
This Ordinance, unanimously adopted on First Reading on January 15, 2019, zones the property
included in the Kechter Enclave Annexation into the Low Density Mixed -Use Neighborhood (L-M-N)
zone district and Neighborhood Sign District.
8. Second_ Reading_ of_ Ordinance _No..01.1, 2019, Annexing the Property Known as the Trilby
Substation Enclave Annexation to the City of Fort Collins. -Colorado: (Adopted)
711
This Ordinance, unanimously adopted on First Reading on January 1.5, 2019, annexes an enclave of
approximately 1.8 acres of land in southwest Fort Collins.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Councils Rules of Meeting
Procedures adopted in Resolution 2018-034.
This Ordinance, unanimously adopted on First Reading on January 15, 2019, zones the property
included in the Trilby Substation Enclave. Annexation into the Public Open Lands (P-O-L) zone district
and Residential Neighborhood Sign District.
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February 5, 2019
10. First. Reading. of. Ordinance No. 016, 2019, Appropriating Unanticipated Grant Revenue in the
General Fund for the Environmental Services Radon Program and Authorizing the Transfer of
Matching Funds Previously Appropriated in the Environmental Services Department Operating
Budget. (Adopted)
The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the
Environmental Services Radon Program. This appropriation includes $12,954 of grant revenues
provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon
testing and mitigation programs. The grant directly supports radon activities identified in the
Environmental Services Department's core budget offer and requires a local match of $8,636..
Matching funds are appropriated and unexpended in the 2019 Environmental Services operating
budget and will be transferred to the Environmental Services Radon Program.
11. Items. Relating- to_the-2019_City.Classified_Employee_Pay_.Plan as Provided in the Collective
Bargaining Agreement with the Fraternal Order of Police. (Adopted)
A. First Reading of Ordinance No. 017, 2019, Adopting the 2019 Amended City Classified Employee
Pay Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement with
the Fraternal Order of Police..
B. First Reading of Ordinance No.018, 2019, Appropriating Prior Year Reserves in the General Fund
for the Cost of Police Services Salary and Benefit Increases as Provided in the Collective
Bargaining Agreement with the Fraternal Order of Police.
The purpose of this item is to request changes to the 2019 City Classified Employee Pay Plan and a
supplemental appropriation of $585,000 based on an annual market analysis conducted as agreed
upon through the 2019-2021 Collective Bargaining Agreement (the "Agreement") with the Northern
Colorado Lodge #3 of the Fraternal Order of Police ("FOP"). The Agreement was approved by Council
on October 2, 2018. The Agreement specifies a salary data collection method and evaluation process
that includes market data as of early January. This data has been collected and analyzed, resulting in
the revised 2019 City Classified Employee Pay Plan. The Council Finance Committee is scheduled to
discuss the supplemental appropriation on January 28.
12. First Reading of Ordinance No. 019, 2019, Making Various Amendments to the City of Fort
Collins Land Use Code. (Adopted)
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use
Code that are generally routine in nature that have been identified since the last update in June 2018.
13. First Reading of Ordinance No. 020, 2019, Authorizing the Second Amendment to the Long
View Farm Open Space Covenants, Conditions and Restrictions. (Adopted)
The purpose of this item is to amend the Long View Farm Open Space Covenants, Conditions and
Restrictions to correct an error in. the legal description. The acreage total (478.5 acres) in the legal
description is correctly described by the first amendment but it also contains an incorrect exception'of
50 acres. Removing the exception and the first sentence will correct the error in the legal description.
The second amendment with the correct legal description is attached to the Ordinance.
14. Resolution 2019-016.Adopting a -Revised Policy for Reviewing. Service_Plans_of_Metropolitan
Districts. (Adopted)
The purpose of this item is to present several changes to the Metro District Policy, adopted by City
Council on August 21, 2018, and changes to the accompanying Model Service Plan. These changes
included clarification regarding timing and deadlines for submittal and reflect changes to the Model
Service Plan requested by Council during its recent consideration of three service plans September
2018.
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February 5, 2019
15.
The purpose of this item is to authorize the City Manager to enter into a Master License Agreement
with Verizon Wireless concerning the use of the City's infrastructure and rights -of -way for small cellular
equipment and associated uses.
16. Resolution 2019-618 Making Appointments to the Air Quality Advisory Board, Commission on
Disability, and the Cultural Resources Board of the City of Fort Collins. (Adopted)
The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Air Quality
Advisory Board, the Commission on Disability and the Cultural Resources Board due to resignations
of boardmembers and vacancies created upon expiration of terms of members on Decemberal, 201 B.
Applications were solicited in December and January. Council teams interviewed applicants on
January 17, 2019. This Resolution appoints individuals to fill current vacancies and expiring terms.
Staff continues to seek applicants for the Building Review Board and the Parking Advisory Board.
® STAFF REPORTS
A. Community Dashboard Metric Highlight- Water Treatment Effectiveness Rate
Tyler Marr, Policy and Project Manager, announced this is a recurring staff report involving a
monthly update on one of the City's community dashboard metrics over which the City has a high
degree of influence.
Carol Webb, Deputy Director, Utilities, discussed the wastewater treatment effectiveness rate. She
stated the metric supports environmental health and high performing government outcome area
strategic objectives. This metric is important because it ultimately ensures the public and
environmental health of the city is protected. The water reclamation and biosolids facilities have
achieved a wastewater treatment effectiveness rate of 100% since 2014.
B. Income Qualified Assistance Program Update. (staff: Crystal Shafii, Heather Young)
Crystal Shafii, Senior Program Coordinator/Supervisor, discussed the income qualified assistance
program for Utilities. She stated the program provided assistance to more than 2,400 households
last year alone and includes efficiency and retrofit installations, the payment assistance fund for
urgent needs, long-term assistance, medical assistance, and income -qualified rates. She discussed
the program's new, simplified application and outreach measures.
Heather Young, Utilities Education Supervisor discussed education, outreach efforts related to
water conservation. Monthly newsletters include targeted information in a consistent format.
Mayor Pro Tern Horak commended the depth and extent of the work. He suggested including
Housing Catalyst and mobile home parks and commended the active rather than passive outreach.
Councilmember Stephens commended the program and outreach model.
Councilmember Gutowsky commended the conservation -focused behavior change aspect.
Councilmember Martinez commended the outreach model.
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February 5, 2019
6 COUNCILMEMBER REPORTS
Mayor Pro Tern Horak reported on a recent listening session at The Family Center that included
representatives from Utilities. He also reported on the Platte River Power Authority special board
meeting relating to hiring a new general counsel.
Councilmember Stephens reported on the Great Kindness Challenge at Bacon Elementary School
and the Poudre Fire Authority awards ceremony.
Mayor Troxell also reported on the Poudre Fire Authority awards ceremony and PFA's rescue of
a cat caught in an engine block for several hours. He also reported on the State of the City address
at The Lyric.
Councilmember Summers reported on the Great Kindness Challenge at Bacon Elementary School.
He commended the Mayor, City Manager, and staff on the State of the City address..
Councilmember Gutowsky commended the City Manager, Mayor, and staff on the State of the
City address. She also reported on the Poudre River Forum at the Drake Center during which
working together for the benefit of all was a prime message.
Councilmember Martinez reported on the Poudre Fire Authority awards and commended the team
work of emergency responders.
LM71•-1e1t1:1410 .Iii4lril-
17. Items Relating to Extending the Keep Fort Collins Great Tax. (Adopted as Amended)
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language
B. Resolution 2019-019 Submitting a Ballot Issue Question to the City's Registered Electors at the
City's Regular Election on April 2, 2019, Asking Them to Extend the "Keep Fort Collins Great"
.85% Sales and Use Tax Voters Approved in 2010.
The purpose of this item is to set the ballot language and refer the 0.85% Keep Fort Collins Great tax
amount to the April 2, 2019, election.
Any protest of the proposed ballot language must be received no later than Monday, February 4, 2019,
at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of
Resolution 2019- 019. If protest(s) are received, copies will be included in Council's "Read -before"
packet.
Since 2011, the voter -approved Keep Fort Collins Great 0.85% sales tax has funded basic operations
and enabled the City to maintain a desired level of service and respond to community desires in an
environment of population growth and annual inflation.
Prior to the 2020 sunset of KFCG, and before building the 2021-22 budget, the City has been engaging
the community in the decision of how to fund current service levels. After a year -plus effort including
multiple Council discussions, board and commission outreach, and public engagement, a Resolution
presenting ballot language for the April 2, 2019, election is being presented for Council consideration.
This ballot option does not increase the overall local tax rate.
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February 5, 2019
Please note that in the ballot question the dollar amount for the estimate of the first fiscal year revenues
is left blank. City staff is continuing to work on what this estimate should be. Council will be provided
with a memo in its "Read Before" packet on Tuesday with the dollar amount to insert into the ballot
question.
Protest hearings pursuant to City Code Section 7--88 (regarding re -districting) and Section 7-156
(regarding ballot title and/or submission clause) shall be conducted in the following order, as part of
the agenda item for the item under protest:
• Announcement of Item;
• Staff Presentation, for Agenda Item;
• Presentation by each person who timely filed a Protest,
• Councilmember questions of City staff and the protesting parties; and
• Motion on each Protest, discussion and vote on each Protest the by the City Council.
After completion of the Protest Hearing, Council will return to the Agenda Item and receive citizen
comments from any persons desiring to speak on the Agenda Item.
Mayor Troxell outlined the protest hearing process.
City Clerk Coldiron stated a protest was received from Eric Sutherland on the grounds that Fort
Collins has never exempted foods from sales taxation.
Eric Sutherland stated the nature of his concern with the ballot question has been corrected with
new ballot language submitted as an amendment. He stated the author of the original ballot
question mistakenly stated that food is excluded from taxation, which is not the case. Fort Collins
is one of the last major cities in Colorado to tax food for home consumption.
Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to find that the
protest has been address through changes to the Resolution and therefore is found to be without
merit and is denied.
Mayor Pro Tem Horak stated he would support the motion; however, he would like to examine
the possibility of allowing future Councils to acknowledge changes made rather than needing to
deny the protest.
The vote on the motion was as follows: Yeas: Horak, Troxell, Stephens, Cunniff, Martinez,
Summers and Gutowsky. Nays: none.
THE MOTION CARRIED.
City Manager Atteberry stated the Keep Fort Collins Great tax has historically served as a critical
tool for the City to deliver expected services and staff is recommending the continuation of the
tax.
Ginny Sawyer, City Manager's Office, stated this Resolution would place a ballot measure on the
April ballot to increase the current base rate tax by 0.85%, following the sunset of the current
0.85% tax, to be allocated through the budgeting process by Council. Provisions are included to
meet funding commitments for fire protection and emergency services. The tax would not apply
to groceries, prescriptions, or manufacturing.
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February 5, 2019
Jason Mantas, International Association of Fire Fighters Local #1945, expressed support for -the
continuation of the KFCG tax citing citizen and firefighter safety. He thanked Council for
dedicating funding to Poudre Fire Authority.
Kevin Jones, Fort Collins Area Chamber of Commerce, stated City leaders have honored their
commitments to citizens about how KFCG funds would be spent and stated it is illogical to fund
core basic services with a temporary tax-; therefore, it may be time to increase the Fort Collins base
tax rate by 0.6%.
Eric Sutherland stated City employees are not the only people in the community who work hard
and all citizens make it possible for this tax to fund services. He suggested the City ignored its
commitment under the Colorado Constitution by over -collecting the tax and refusing for several
years for asking for voter approval to retain the additional revenue.
Mike Pruznick stated this tax was meant to be temporary and should not be necessary due to
wasteful spending in the City. He suggested eliminating all use tax, eliminating all tax on food,.
changing the current KFCG to drop to 0.75% on January 1, and starting the new tax at 0.65% to
be dropped 0.1 % per year until its sunset.
Gavin Kushensky stated the current ballot language is a departure from the core City values of
transparency and accountability. He stated Council should support language that keeps the current
tax level designations in place.
Sam Solt supported the Chamber suggestion of 0.6% and supported rolling the temporary tax into
the base rate.
Joe Rowan opposed using the tax as part of the budgeting process citing a lack of transparency.
Max Moss stated he does not see a great deal of waste in the City and supported the use of the tax
funds as is. He supported the recommended language.
Councilmember Summers made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2019-019, Option B.
Mayor Troxell clarified option B 'includes a 0.25% temporary tax and a 0.6% base tax in perpetuity.
Councilmember Summers clarified his motion that the 0.25% be used only to fund City
sustainability and transportation services and will expire at midnight December 31, 2030, with the
amount of $34 million to be inserted into the Resolution for the ballot language to meet TABOR
requirements.
Councilmember Summers concurred with Mr. Moss' comments and stated this proposal creates
the greatest consensus possible in the community.
Councilmember Cunniff supported the simplicity of the 0.85% going into the base tax and
expressed concern about the rapid schedule with which the tax measure has been considered and
stated voter confusion could be a possibility if an option is too specific.
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to amend the
motion to insert option A.
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February 5, 2019
Councilmember Martinez stated he could not support the motion due to the need for accountability
to the public.
Councilmember Stephens asked how citizens can be assured tax dollars are being appropriately .
tracked and spent. Sawyer replied there will be continuous reporting on how dollars are spent:
Councilmember Stephens discussed the possibility of needing to reallocate funds based on various
year-to-year changes, such as annexing the Mulberry corridor.
Councilmember Martinez stated including the 0.85% in the base rate is a much newer idea and
stated planning for various funds does not limit changing priorities.
Councilmember Gutowsky supported including the 0.85% in the base rate stating it would allow
necessary flexibility to follow changing needs. She stated citizens can still expect transparency
and participate in the budgeting process.
Mayor Pro Tern Horak stated that it is relatively easy to cut taxes but relatively difficult to cut
service levels. He suggested a combination of the two scenarios which would ensure current levels
of funding for policeandfire are maintained as part of the 0.6% and using the 0.25% for municipal
operation and maintenance and other public purposes.
Mayor Troxell stated the 0:85% is critical for the community and splitting it into 0.6% and 0.25%
has a higher chance of being supported by the community.
The vote on the motion to amend, which uses option A, was as follows: Yeas: Stephens, Cunniff
and Gutowsky. Nays: Troxell, Martinez, Summers and Horak.
THE MOTION FAILED.
Councilmember Cunniff supported changing the language per Mayor Pro Tern Horak's suggestion
related to municipal operations, maintenance, and other public purposes and utilizing the 0.6%
With a main objective of maintaining public safety service levels while not limiting all the money
to be spent in that way. He suggested, inserting "public safety" before "municipal operations".
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
City Attorney Daggett presented new language per the discussion.
- Councilmembers Summers and Martinez agreed to the language changes as.a friendly amendment
to the original motion.
Mayor Pro Tem Horak stated he would like the language to include "maintaining current levels of
service" for fire and police.
Councilmember Cunniff expressed concern regarding the use of "current" and suggested using "to
sustain public safety service levels".
Councilmembers Summers and Martinez accepted the proposed language.
Councilmember Summers suggested a title change to replace the word "extend" with the word
"replace". Councilmember Martinez accepted the change as part of the original motion.
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February 5, 2019
Councilmember Stephens stated she would support the motion and thanked the citizens who spoke.
Councilmember Martinez commended the dialogue and outcome.
Councilmember Gutowsky commended the process and stated she would support the motion.
Mayor Troxell stated he would support the motion and reiterated the importance of the 0.85% for
the community.
-7777-
RESULT RESOLUTION 2019 019'ADORTED AS AMENDEb [UNANIMOUS]
MOVER: Ken Summers; District 3''
SECONDER , ,':. Ray Martinez,°District 2 ":,
AYES Martinez, Stephens, Summers, Gutowsky; Troxell,..Cunniff,„Horak
18.
as Amended)
The purpose of this item is for Council to consider a Resolution that clarifies the proposed Charter
amendment placed on the April 2, 2019, ballot was a citizen -initiated effort and not a City Council
initiated amendment, in follow up to the requests of multiple Councilmembers under Other Business
at the January 2; 2019, adjourned Council meeting.
Colin Garfield opposed the ballot language.
Eric Sutherland stated allowing Councilmembers to devote a full-time work week could allow
them to do abetter job.
Fred Kirsch discussed the public outreach he did on the issue showing support for full-time Council
pay and noted Council is representing its constituents. , The ballot language allows
Councilmembers to accept a reduced amount of compensation.
Rich Stave suggested using the AMI for compensation calculation may be a bit high and
questioned how conflicts of interest would be addressed and how accountability will be measured.
Councilmember Martinez. made a motion, seconded by Councilmember Summers, to adopt
Resolution 2019-020.
Councilmember Martinez stated it is important for Council to clarify it did not place the item on
the ballot and to have the ability to publicly declare opposition or support. He stated other citizen -
initiated measures have been opposed by Council in the past. He asked about the total
compensation package. City Manager Atteberry stated it would include medical insurance,
retirement contributions, and other related compensation.
City Attorney Daggett stated the ballot language calls for a salary to be paid based on the Fort
Collins area median household income plus benefits afforded to full-time exempt City employees.
The dollar amount associated with benefits would change over time, but the current number,
including the salary, would be $78,438 for classified employees.
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February 5, 2019
Councilmember Martinez questioned whether unemployment could be collected if a
Councilmember does not get reelected.
Councilmember Gutowsky questioned what items would be cut if this were to move forward.
Councilmember Cunniff supported citizens making their own decisions without Council weighing
in but stated he would be willing to pass the part of the Resolution indicating Council did not place
the item on the ballot.
Councilmember Martinez disagreed with Councilmember Cunniff, citing previous citizen
initiatives on which Council took a position.
Mayor Troxell stated this ballot item does not solve an existing problem.
Councilmember Stephens stated there are differing opinions on the issue and would like to leave
it to voters to decide.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to amend to remove
the statement expressing Council's opposition to the proposed charter amendment and urging
electors to vote no.
Mayor Pro Tern Horak noted the other examples provided by Councilmember Martinez regarding
Council positions did not have a direct impact on Council. He stated this would have been more
acceptable had Mr. Kirsch not been running for Council simultaneously.
The vote on the motion to amend was as follows: Yeas: Stephens, Cunniff, Gutowsky and Horak.
Nays: Troxell, Martinez and Summers.
THE MOTION CARRIED.
RESULT: RESOLUTION2019=020`ADOPTED AS "AMENDED ["UNANIMOUS]
MOUER;i Ray Martinez, District ,. "
SEC,blibffk->.: Keh Summers, District 3 "
AYES: Martinez "Stephens Summers, Gutowsky;"Troxeli Cunni f,"Horak
19.
LLC. (Adopted on Second
This Ordinance, adopted on First Reading on January 15, 2019 by a vote of 5-1 (Nays: Cunniff),
authorizes the conveyance of a transmission line easement to Roundhouse Renewable Energy, LLC
on the City of Fort Collins' Wastewater Utility owned Meadow Springs Ranch and the right of access
to the transmission line from County Roads 5 and 92 and private drives.
Rich Stave questioned what part of the City is related to Roundhouse Energy.
Jason Graham, Director, Plant Operations, stated this project would allow the transmission of.
energy from a Wyoming wind farm to the Rawhide Renewable Energy Station. He noted Meadow
Springs Ranch is a Wastewater Utility -owned property and the route through the property has been
recommended by the project team. He stated 98% of the proposed route goes along with existing
linear infrastructure, specifically a railroad.
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February 5, 2019
Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance
No. 004, 2019, on Second Reading.
Councilmember Cunniff stated he would not support the motion but expressed appreciation for the
analysis on the Meadow Springs route. He suggested additional research should have been done
on other options.
Mayor Pro Tern Horak noted the WAPA line mentioned by Councilmember Cunniff as an
alternative possibility is not available for additional easements or capacity.
Mayor Troxell supported the project and noted it will bring Platte River Power Authority to over
50% renewable energy.
RESULT: ORDINANCE NO.004i 2019, ADOPTED ON SECOND READING [6 TO1]
MOVER: Gerry Horak, District 6
SECONDER: Keistifi Stephens, District 4
AYES: Martinez, Stephens, Summers, Gutowsky, Troxell; Horak .
NAYS: Conniff
20. Second_Reading .of_ Ordinance No. 009, 2019, -Annexinq .the..Proaerty_ Known -as-the Strauss
Cabin Enclave Annexation to the City of Fort Collins, Colorado. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on January 15, 2019 by a vote of 5-1 (Nays: Summers),
annexes an enclave of approximately 35.036 acres located in southeast Fort Collins. The property
abuts Kechter Road to the south and is bisected by Strauss Cabin Road. The parcels consist primarily
of single-family residences with related agricultural outbuilding and a place of worship known as
Crossroads Church.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance
No. 009, 2019, on Second Reading.
Councilmember Summers asked what would happen to future parcels sold for development if this
annexation does not occur now. Ted Shepard, Chief Planner, replied Larimer County is bound by
the intergovernmental agreement with the City to not process any development application and the
developer would be referred to the City because the property is an enclave.
City Attorney Daggett clarified there are some projects that would not trigger the obligation under
the IGA and could go forward without triggering the annexation.
RESULT:
ORDINANCE NO. 009,-2019,,ADOPTED ON SECOND READING,[UNANI,MOUS1
MOVER:
Gerry Horak, D strict:6'
SECONDER:
Kristin Stephens, District4
AYES:
Martinez, Stephens; Summers, Gutowsky, Troxell, ,Conniff,
21.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council's Rules of Meeting
Procedures adopted in Resolution 2018-034.
City of Fort Collins Page 35
February 5, 2019
This Ordinance, unanimously adopted on First Reading on January 15, 2019, zones the property
included in the Strauss Cabin Enclave Annexation into the Urban Estate (U-E) zone district and
Residential Neighborhood Sign District.
Mayor Troxell noted this item is a public hearing and outlined the process.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance
No. 010, 2019, on Second Reading.
RESULT: ORDINANCE NO. 010,2016, ADOPTED',ON"SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers,'Gutowsky, Troxell, Cunniff, Horak .
22. Resolution 2018-124 Approving a Partial Waiver of LEED Certification Standards for the Police
Regional Training Campus. (Adopted)
The purpose of this item is to request City Council approve a partial waiver of LEED certification
standards for the new Police Regional Training Campus (Training Campus). In 2006, City Council
adopted a resolution that established a goal that all new City -owned buildings of 5,000 square feet or
more achieve LEED Gold standards, 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. City staff is
making this request to obtain City Council approval to design, construct and certify the
administration/classroom building to the highest LEED certification practical, while prioritizing budget
dollars for energy efficiency items. City staff intends that the remainder of the project would follow
LEED principles but would not be included in the LEED certification boundary.
Tracy Ochsner, Senior Manager of Facilities and Fleet Services, stated this Resolution had been
postponed to allow staff time to meet with the Energy Board and Council Finance Committee. The
Energy Board voted in favor of a partial waiver of the 2006 Resolution that would include the
administration and classroom portion only to be certified with the highest LEED standard as
practical. The Board further recommended following LEED principles and achieve high energy
performance by defining an energy target for the remainder of the facility.
Ochsner stated staff reviewed the Energy Board's recommendation with the Council Finance
Committee, which concurred.
Alan Braslau, Energy Board member, supported the Resolution as proposed by staff, stating it is
an improvement over the previous Resolution.
Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adopt
Resolution 2018-124.
Councilmember Cunniff thanked the Energy Board for examining the issue and creating a path
toward maximizing energy efficiency goals in a way that is consistent with Fort Collins values and
prior actions of Council.
Mayor Pro Tern Horak commended the collaboration between concerned citizens, staff, and the
Energy Board.
Mayor Troxell stated the project will be improved with these changes.
City of Fort Collins Page 36
February 5, 2019
RESULT:. RESOLUTION 2018-124 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff; District 5:
SECONDER: Ken Summers, District 3
Y
AYES: Martinez, Stephens, Summers, Gutowsk Troxell, Cunniff, Horak
23.
The purpose of this item is to consider the Ordinance authorizing the financing, through Certificates of
Participation (COPS), needed for both the 1-25/Prospect Interchange and Police Training Facility Joint
Venture.
Travis Storin, Accounting Director, stated this item allows Council to contemplate bundled
financing of two critical capital projects, the I-25/Prospect interchange and the Police Regional
Training Facility. The financing vehicle is certificates of participation with a lease -back structure.
Storin stated each project relates to the City's strategic objectives and briefly discussed both
projects.
Blaine Dunn, Senior Treasury Analyst, discussed the proposed debt structure and collateral
buildings, 215 North Mason and the Civic Center parking garage. He outlined the upcoming dates
related to Council action on the items.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 021, 2019, on First Reading.
Councilmember Cunniff stated he would support the item because of the fiscal advantages
provided to tax payers.
Councilmember Martinez commended the staff work on the item.
Mayor Troxell supported the projects as being positive for the community.
Councilmember Gutowsky asked if there is an estimated date of completion for the 1-25/Prospect
project. City Manager Atteberry replied the corridor will be under construction for several years.
Chad Crager, City Engineer, replied the current I-25 project will construct this interchange, which
is planned to begin this summer and be complete at the end of 2020.
Councilmember Martinez requested regular updates on the Police training facility.
RESULT: ORDINANCE NO 021. 2619. ADOPTED ON FIRST READING,[UNANIMOUS]
MOVER: Gerry Hoak, Distr 6t 6
SECONDER: Ross Cunniff, District s
AYES: Martinez, Stephens, Summers; Gutowsky; TroxeIli Cunniff;. Horak
City of Fort Collins Page 37
February 5, 2019
24.
Overbeck.
The purpose of this item is to fill the vacant Councilmember Liaison roles for Boards and
Commissions/Council Committees and other organization assignments to various authorities, boards
and committees due to the resignation of former Councilmember Bob Overbeck.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution
2019-021, inserting Councilmember Cunniffs name to serve on the Colorado Municipal League
Policy Committee.
RESULT: RESOLUTION 2019-021 ADOPTED [UNANIMO.U.S]
MOVER: Gerry Horak, District 6
SECONDER: _ Kristin Stephens, District 4
AYES: Martinez, Stephens„ Summers, Gutowsky, Troxell Cunniff, Horak;
25.
(Postponed to February
The purpose of this item is to adopt the Fort Collins City Council Respectful Workplace Policy (the
`Policy"), which was developed by the Anti -Harassment Ad Hoc Committee. The proposed Policy
addresses respectful conduct by City Councilmembers, and by those appointed by Council (including
direct report, employees and board and commission members) while acting in that role in relation to
members of the public and City staff. The Policy addresses the Councils position related to
harassment; discrimination and retaliation, the process to be followed when a complaint is made and
identifies several alternatives for a complaining party to report an alleged violation of the Policy. It
identifies possible outcomes or options available in the event harassment is substantiated.
RESULT;
POSTPONED TO FEBRUARY 12, 2019 [UNANIMOUS],;
MOVER:.
Ray Martrnez_, District 2'
SECONDER:
Ken Summers, District 3:
AYES:
Martinez; Step.li_ens, Summers, Gutowsky, Troxell, Cunniff; Horak
26. First Reading of Ordinance No. 013, 2019, Amending Section 2-606 of the Code.of the City of
Fort -Collins and Setting the Compensation of the Chief_ Judge. (Postponed to February 12,
2019)
The purpose of this item is to establish the 2019 total compensation of the Chief Judge. City Council
met in executive session on January 8, 2019, to conduct the performance review of Chief Judge
Kathleen Lane. This Ordinance sets the 2019 total compensation of the Chief Judge. Any amendments
to the Chief Judge's employment agreement will come forward with the Second Reading of this
Ordinance.
RESULT: - POSTPONED TO FEBRUARY 12i 2019 [UNANIMOUS]
MOVERc Ray Martinez; District 2
SECONDER:Ken Summers, District 9
AYES: Martinez; Stephens; Summers, Gutowsky, Trozell, .Cunniff, Horak
City of Fort Collins Page 38
February 5, 2019
27.
(Postponed to February 12,
The purpose of this item is to establish the 2019 total compensation of the City Attorney. City Council
met in executive session on January 8, 2019, to conduct the performance review of Carrie Daggett,
City. Attomey. This Ordinance sets the 2019 total compensation of the CityAttorney. Any amendments
to the City Attorney's employment agreement will come forward with the second reading of this
Ordinance.
RESULT-,
POSTPONED. TO FEBRUARY;12-, 2019 jUNANIMOUS]'.
MOVER:
Ray Martinez, District 2
SECONDER:
Ken Summers; District.3
AYES:
Martinez, Stephens, Summers, Gu'towsky, Troxell, Cunniff, Horak
28..
(Postponed to February 12,
The purpose of this item is to establish the 2019 total compensation of the City Manager. City Council
met in executive session on January 8, 2019, to conduct the performance review of Darin Atteberry,
City Manager. This Ordinance sets the 2019 total compensation of the City Manager. Any
amendments to the City Manager's employment agreement will come forward with the second reading
of this Ordinance.
RESULT: POSTPONED TO FEBRUARY 12, 2019 [UNANIMOUS]
MOVER: Ray•Martinei, District 2
SECONDER: Ken Summers, District 3
AYES: Martinez, Stephens, Summers, Gut owsky.Troxell,.;Cunni, Horak .
• ADJOURNMENT
Councilmember Martinez made a motion, seconded by Councilmember Summers, to adjourn the
meeting to 6:00 PM on February 12, 2019.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ray Martinez,District 2
SECONDER: Ken Summers, District 3,
AYES:. Martinez, Stephens, Summers; Outowsky, Troxell. Gunniff.-Horak
The meeting adjourned at 10:33 PM.
(::agyor;
ATTEST:
City C1 c
City of Fort Collins Page 39