HomeMy WebLinkAboutMINUTES-02/12/2019-AdjournedFebruary 12, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
1 Council -Manager Form of Government
Adjoumed Meeting — 6:00 PM
® ROLL CALL
PRESENT: Martinez, Stephens, Surnniers, Gutowsky, Troxel1, Cunniff, Horak
Staff present: Atteberry; Daggett, Coldiron
1.
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot language.
B. Resolution 2019-022 Setting Ballot Language for Keep Fort Collins Great tax Revenue
Replacement
The purpose of this item is to consider a resolution and ballot language reflecting comments and
feedback from the Council discussion on February 5, 2019.
Any protest of the proposed ballot language must be received no later than Monday, February 11,
2019, at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption
of Resolution 2019-022. If protest(s) are received, copies will be included in Council's "Read -before"
packet.
Protest hearings pursuant to City Code Section 7-156 (regarding ballot title and/or submission clause)
are 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 process for the protest hearings.
City Clerk Coldiron outlined Eric Sutherland's grounds for protest that the proposed ballot question
does not conform with the requirements of the Colorado Constitution.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, that Council find
against and deny Mr. Sutherland's protest in all respects. Yeas: Gutowsky, Horak, Troxell,
Stephens, Cunniff, Martinez and Summers. Nays: none.
THE MOTION CARRIED.
City Clerk Coldiron outline Mike Pruznick's grounds for protest that the Resolution attempts to
extend and modify a non-existent tax, that it is unlawful to consider this item at an adjourned
meeting, that the Resolution creates an in -kind contribution, that the Resolution creates confusion
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February 12, 2019
about expiration date and time, that the Resolution creates double taxation on December 31, and
that the ballot language will confuse voters.
Mr. Pruznick detailed his protest and requests for language changes. He stated the tax is not
currently called "Keep Fort Collins Great", therefore using that title for this Resolution is
problematic.
Mayor Pro Tem Horak requested staff input regarding Mr. Pruznick's points. Deputy City
Attorney John Duval replied Council adopted a ballot question in 2016 asking voters to keep the
revenue from the 2010 tax and that language included the use of `-`Keep Fort Collins Great" to
identify the tax. He' also stated there is no limitation to Council considering the item at an
adjourned meeting. Regarding the in -kind contribution issue, Duval stated this Resolution simply
sets the ballot language and does not contain any language urging voters to vote one way or the
other; therefor, the Fair Campaign Practices Act is not being violated. Duval also discussed the
timing of the December 31 tax, ending.
Councilmember Summers asked if the Bruce v. Colorado Springs case was referenced. Duval
replied that case deals with TABOR requirements and whether the tax is an extension or new tax.
Mayor Pro Tem Horak requested City Attorney Daggett clarify the changes made to the Resolution
since it was posted last week. City Attorney Daggett discussed the changes made, some of which
were made in response to Mr. Pruznick's concerns.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, that Council find
against and deny Mr. Pruznick's protest in all respects except as outlined by City Attorney Daggett
and as changed accordingly in the Resolution.
Mayor Pro Tem Horak thanked Mr. Pruznick for his thoughtful review of the Resolution.
The vote on the motion was as follows: Yeas: Horak, Troxell, Stephens, Cunniff, Martinez,
Summers and Gutowsky. Nays: none.
THE MOTION CARRIED.
Mike Pruznick thanked Council for making some of the changes he suggested and asked why
11:59 was used. Duvall replied it was used because it carries the tax through the entire day;
however, it could be changed to midnight.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution
2.019-022.
Councilmember Cunniff suggested changing 11`59 to midnight. Mayor Pro Tem Horak and
Councilmember Stephens accepted the change as a friendly amendment.
5;
RESULT RESOLUTION 2019, 022ADOPTED ASrAMENOED [UNANIMOUS]{:
MOVER: Gerry Horak, Distnct 6
SECONDER: Kristin Stephens, D1stridt`4
AYES: Martinez, Stephens; Sucomers; Gutovirsky; Troxell; Cunniff, Horak _
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February 12, 2019
2. Resolution 2019-015 Approving -a Respectful Workplace Policy for the Council and Council
Appointees. (Adopted)
The purpose of this item is to adopt the Fort Collins City Council Respectful Workplace 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 Council's 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.
Teresa Roche, Chief Human Resource Officer, stated Council decided to bring forth this policy
given the growing trend in harassment allegations. The policy would cover City Councilmembers,
City Manager, City Attorney, Chief Judge, and board and commission members and addresses
harassment, discrimination, retaliation, where and how complaints can be filed, and describes the
process to be used for managing complaints. Roche also discussed the training schedule.
Councilmember Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2019-015.
Councilmember Stephens stated she was part of the committee that worked. on the policy and
thanked staff for their work.
Councilmember Cunniff thanked the committee for their work.
Councilmember Gutowsky stated this policy makes for stronger government and commended the
committee's work.
Mayor Troxell commended the policy.
RESULT: RESOLUTION 2019 01S.ADOPTED [UNANIMOUS]
MOVER;, Kristin Stephens District 4
SECONDER: Ross. Cunnrff District;5
AYES:: Martinez, Stephens, Summers, GutowsKv; Trozell, Cunniff, Horak
3. 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. (Adopted on First Readin6)
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, and on January 22, 2019, to conduct and discuss 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.
Jamie Heckman, Human Resources, provided the compensation calculator and information related
to salaries of other chief judges. She noted Council approved a full-time equivalent change for
Chief Judge Lane to 0.7-5 from 0.8; therefore, her salary is based on the new FTE.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance
No. 013, 2019, inserting $116,519 and $144,290 in the appropriate locations.
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February 12, 2019
Mayor Pro Tem Horak commended Judge Lane's consistent work on productivity, use of
electronics, and making the courts safer.
Mayor Troxell expressed support for Judge Lane and her incorporation of new innovation in
courtrooms.
Councilmember Martinez commended Judge Lane on her work.
Councilmember Stephens commended Judge Lane on her work on alternative sentencing and
special agency sessions.
RESULT:: ORDINANCE NO: 013, 2019, ADOPTED':ON FIRST READING [UNANIMO.US]
I- IMOVER:' Gerry Horak, District 6
SECONDER:- Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Gutowsky, Troxell,, Cunniff,,Horak,.
4. First Reading of Ordinance No. 014, 2019, Amending Section 2-581 of the Code of the City of .
Fort Collins and Setting -the Compensation of the City Attorney..(Adopted on First Reading)
The purpose of this item is to establish the 2019 total compensation of the CityAttorney. City Council
met in executive session on January 8, 2019, and on January 22, 2019, to conduct and discuss the
performance review of Carrie Daggett, City Attorney. This Ordinance sets the 2019 total compensation
of the City Attorney. Any amendments to the CityAttorney's employment agreement will come forward
with the second reading of this Ordinance.
Jamie Heckman, Human Resources, provided the compensation calculator and information related
to salaries of other city attorneys.
Councilmembers discussed the basis for compensation comparison
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to set the
compensation increase at 3%, inserting $200,087 and $239,315 where appropriate.
Mayor Pro Tem Horak stated the national market.should not be used as a justification for the City
Attorney's salary as a City Attorney has never been hired from out of state. He commended the
work of City Attorney Daggett and noted she requested the 3%.
Councilmember Martinez supported bringing City Attorney Daggett's salary up to the national
average, which would be a 3.04% increase. He commended City Attorney Daggett on her
leadership.
Councilmember Stephens supported the 3% as it put City Attorney Daggett in the range of the
national market.
Councilmember Cunniff supported the 3% and commended City Attorney Daggett on her work.
Mayor Troxell stated he would support the 3% and noted he is planning to suggest the formation
of an ad hoc Council committee to took at total compensation as a City policy matter in general.
Councilmember Martinez stated he would support the motion; however, he supported the 3.04%
Mayor Troxell thanked City Attorney Daggett for her work and commended her leadership.
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February 12, 2019
Councilmember Gutowsky thanked City Attorney Daggett for being indispensable in bringing her
on board.
Councilmember Stephens thanked City Attorney Daggett for her work.
RESULT, ORDINANCE NO 014,Y2019, ADOPTED ON FIRST READING [UNANIMOUS]
`MOVER:; Gerry, - orak, District 6 '
SECONOER , Ross Cunrnff, District 5
AYES..; Martinez, Stephens, Surrimers,Gutowsky,Troxell,tCunnrff;Horak
r
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5. First Reading -of Ordinance No. 015, 2019, Amending Section 2-596 of the Codeof the City of
Fort Collins and Setting the Compensation of the Citv Manager. (Adopted on First Reading)
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, and on January22, 2019, to conduct and discuss 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.
Jamie Heckman, Human Resources, provided the compensation calculator and information related
to salaries of other city managers.
Councilmember Martinez stated City Manager Atteberry's total compensation and salary are lower
than the national average. He commended City Manager Atteberry's work locally and nationally.
Councilmember Summers made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 015, 2019, with the amounts of $270,364 and $328,227 where appropriate.
Councilmember Cunniff stated he would not support 3% as it is well above the national market.
Councilmember Summers stated the 3% is a minimum number to maintain compensation levels
and retain Atteberry as City Manager. He commended City Manager Atteberry's leadership of the
City organization.
Councilmember Gutowsky stated Fort Collins' recognition as having innovative leadership and
being a high -performing municipal government are tied to City Manager Atteberry's dedicated
leadership. She cited the recent awards received by the city.
Councilmember Stephens supported the motion and commended City Manager Atteberry on his
leadership in creating a community in which people want to live.
Mayor Pro Tern Horak stated he would not support the motion citing this year's budget process as
not being world -class.
Councilmember Martinez stated City Manager Atteberry has performed beyond national average
performance and the City is a world -class organization. He stated he would support the motion
but believes the compensation increase should be greater..
Mayor Troxell stated he would support the, motion and commended City Manager Atteberry on
his work and longevity in the organizah69 . -He also commended City Manager Atteberry s
innovativeness and desire for improvement.
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February 12, 2019
Councilmember Gutowsky thanked City Manager Atteberry for his assistance in making her start
on Council easier.
• OTHER BUSINESS
Mayor Troxeh requested and received Council support to form an ad hoc Council committee made
of the Respectful Workplace Committee members to examine total compensation of Council's
three direct employees.
Councilmember Cunniff requested additional detail on the scope of the topic. Mayor Troxell
replied there is a variety in the data and he would like to form a framework to consider salary,
retirement, and vacation elements of total compensation as Council does not have an existing
philosophy related to total compensation of the three direct employees. ,
Councilmember Cunniff opposed the formation of a pay philosophy for the three direct employees
but stated he would support examining data sources.
Mayor Troxell stated the existing philosophy is only salary based and he would like to see a
framework formed.
Councilmember Summers supported evaluating peer cities for total compensation information.
City Attorney Daggett suggested bringing a committee -formation resolution before Council on
March 5.
Councilmember Martinez suggested the committee look at nationwide best practices and agreed
he did not want to be constrained to a specific framework.
• ADJOURNMENT
The meeting adjourned at 7:34 PM.
ATTEST:
City cl
iFORr
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