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HomeMy WebLinkAboutMINUTES-11/21/1995-Regular' November 21,1995 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, November 21, 1995, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Apt, Azari, Janett, Kneeland, McCluskey, and Wanner. Councilmember Absent: Smith. Staff Members Present: Fischbach, Roy, Krajicek. Citizen Participation Bev Weiss, 1924 E. Vine, thanked Council for the street improvements at Vine and Summitview Dr. She asked Council to investigate the possibility of constructing railroad crossing arms at that location. Pam Jones, University Park Holiday Inn, spoke on behalf of Veanne Stocking, University Park ' General Manager. She asked for an opportunity to discuss the allocation of lodging tax monies before a final decision is made. Richard Anderson, manager of the Lamplighter Motel, supported Ms. Jones comments and asked for an accounting of how the lodging tax is spent. Becky Martin, West Mulberry Bed and Breakfast, supported Ms. Jones comments. Citizen Participation Follow-Uu Councilmember McCluskey invited representatives of the hoteliers to meet with the Finance Committee on December 11 to discuss lodging tax allocation. Councilmember Janett stated she would ask staff to provide information on the process for obtaining railroad crossing arms at Vine and Summitview. Agenda Review City Manager John Fischbach stated the Read Before the Meeting packet contained a new Agenda Item Summary for Item No. 8, Second Reading of Ordinance No. 138, 1995, ' Appropriating Prior Year Reserves to be Used for Clean Up Costs Associated with the 403 November 21, 1995 September Snowstorm. The new Agenda Item Summary was expanded to reflect that the storm cost ' the City in excess of $1M, rather than just the $700,000 being appropriated. The remaining $300,000 is within the budget. He stated a resolution dealing with City Plan will come up under Other Business. Bev Weiss, 1924 E. Vine, asked that Item No. 12, Items Pertaining to the Dry Creek Annexation and Zoning, be withdrawn from the Consent Calendar. ***CONSENT CALENDAR*** This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar by the Public will be considered separately under Agenda Item #25, Public Pulled Consent Items. Second Reading of Ordinance No 137 1995 Amending Article IV of Chapter 26 of the Code of the City of Fort Collins Relating to the Industrial Pretreatment Program of the City's Wastewater Utility System, The Environmental Protection Agency ("EPA") performed an audit of the City's pretreatment ' program in March. This Ordinance, which was unanimously adopted on First Reading on November 7, 1995, changes sections of the Code to include actions required or recommended in the audit findings. 8. Second Reading of Ordinance No 138 1995 Appropriating Prior Year Reserves in the Streets Department Portion of the Transportation Services Fund to be Used for Clean Up Costs Associated With the September Snowstorm. The cost for picking up branches (and mulching) following the snowstorm that struck the City on September 20, 1995, will be $700,000. Costs for the clean up have been charged to the Streets Department in the Transportation Services Fund. A portion of these costs ($150,000) have been covered by existing appropriations in the 1995 Streets Department budget. Ordinance No. 138, 1995, was unanimously adopted on First Reading on November 7, 1995 and appropriates $550,000 from prior year reserves in the Streets Department to cover the difference between the $700,000 needed and the amount which Streets has already absorbed. In addition to the $700,000 charged to the Streets Department, the Forestry Division will incur an approximate $325,000 cost due to the September 21 snow storm damage. o• November 21, 1995 ' 9. Second Reading of Ordinance No 139 1995 Authorizing the Sale of Certain Real Property at 720 North Wood. Ordinance No. 139, 1995, was unanimously adopted on First Reading on November 7, 1995 and authorizes the sale of the building to A -One Housemoving. A -One Housemoving intends to move the building off the site as one complete building and has the resources to fulfill the contract. 10. Second Reading of Ordinance No 140 1995, Designating Annie's Grave Site and Memorial Headstone 136 Laporte Avenue as a Local Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. Ordinance No. 140, 1995 was unanimously adopted on First Reading on November 7, 1995 and designates the Annie's Grave Site and Memorial Headstone, 136 Laporte Avenue as a Local Landmark. 11. Second Reading of Ordinance No 141. 1995, Designating the Morgan-Kickland House and Garage. 408 West Mountain Avenue as Historical Landmarks Pursuant to Chapter 14 of the Code of the City of Fort Collins. ' The owner, Mary L. Stilson, has initiated the request for Local Landmark designation for the Morgan-Kickland House and Garage, 408 West Mountain Avenue. This Ordinance, which was unanimously adopted on First Reading on November 7, 1995, designates the property as a local landmark. 12. Items Pertaining to the Dry Creek Annexation and Zonis A. Second Reading of Ordinance No. 142, 1995, Annexing 52.5256 Acres, Known as the Dry Creek Annexation. B. Second Reading of Ordinance No. 143, 1995, Zoning 52.5256 Acres, Known as the Dry Creek Annexation, into the MM - Mobile Home Medium Density Zoning District, with three conditions as indicated in the staff recommendation. [In addition, all mobile home park development proposals are subject to the requirements of Chapter 18 of the Code (Ordinance No. 159, 1987).] On November 7, 1995 Council unanimously adopted Resolution 95-160 Setting Forth Findings of Fact and Determinations Regarding the Dry Creek Annexation and Zoning. On November 7, 1995 Council also unanimously adopted Ordinance No. 142 and Ordinance No. 143, 1995, which annex and zone 52.5256 acres located on the south side of East Vine ' Drive, west of Summit View Drive, east of Lemay Avenue, and north of East Mulberry Street. 405 November 21. 1995 The Burlington Northern Railroad is adjacent along the north property line and the Fort ' Collins Downtown Airport is to the south and west of the property. The requested zoning is MM - Mobile Home Medium Density with no conditions. Staff is recommending that two conditions be placed on the zoning regarding traffic study and natural areas/wetlands study requirements. The property is undeveloped and is in the I -Industrial Zoning District in Larimer County. This is a 100% voluntary annexation. 13. First Reading of Ordinance No 144 1995 Authorizing the City to Grant Non -Exclusive Easements for Electrical Service Via Overhead Power Poles to Poudre Valley Rural Electric Association. Inc. (REA) The City of Fort Collins Water Utility Department owns the land known as Meadows Spring Ranch, which is approximately 25 miles north of Fort Collins. The Biosolids Storage Facility Project is being constructed by the Water Utility Department on this property. Electricity is needed for this facility and, therefore, these easements are needed by REA to provide the necessary electrical service. 14. First Reading Ordinance No 145 1995 Appropriating Prior Year Reserves for the Purpose of Making Refunds to Public Service Company of Colorado and Customers of the City of Fort Collins Utility System. This ordinance authorizes expenditure of prior year reserves to accomplish two refunds. The ' first refund, in the amount of $48,206, goes to Public Service Company ("PSC") because PSC overcharged its customers from October of 1993 to June of 1995, and with the overcharge for utility services, also charged, collected, and remitted sales tax for the overcharged amount to the City of Fort Collins. The appropriation of $48,206 covers the prior year overpayment of sales tax. Current year overcharges will be credited against the City's account. In 1994, the City's revenue collections surpassed the limits imposed by Section 20 of Article X of the State Constitution by $12,871. The City is required to refund such overages by the end of the next fiscal year, namely, 1995. That amount is being appropriated to be refunded to the public as a credit on the next utility billing cycle. The amount of the refund per account will be approximately 29 cents. 15. Items Related to the Amended Zoning and Rezoning of Two Parcels of Land in the Harmony Corridor Known as the Harmony Office Park Partnership and the Keenan/Glass Property A. Hearing and First Reading of Ordinance No. 146, 1995, Amending the Zoning District Map of the City of Fort Collins by the Addition of a P.U.D. Condition and Excluding the Property from the Residential Neighborhood Sign District for That Certain Property Known as Harmony Office Park Partnership Rezoning H1. November 21, 1995 ' B. Hearing and First Reading of Ordinance No. 147, 1995, Amending the Zoning District Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as Keenan Rezoning The purpose of the Amended Zoning and Rezoning is to implement the findings of the Amended Harmony Corridor Plan, adopted by City Council on January 3, 1995 (Ordinance No. 187, 1994). The existing zoning on the Harmony Office Park Partnership property is B-L, Limited Business. This Zone District allows specific land uses as prescribed in the Zoning Code without the condition that development occur as a Planned Unit Development in accordance with the Land Development Guidance System. The proposed Ordinance would Amend this zoning designation by adding the condition that the property develop as a Planned Unit Development. The underlying Zone District of B-L, Limited Business would remain unchanged. The existing zoning on the Keenan/Glass property is B-P, Planned Business, with the condition that the property develop as a Planned Unit Development. The proposed Ordinance would Rezone this zoning designation to B-L, Limited Business with the condition that the property develop as a Planned Unit Development. The purpose of the Rezoning is to match ' the Harmony Office Park Partnership Zone District. The Amended Zoning (Harmony Office Park Partnership) and Rezoning (Keenan/Glass), both with the P.U.D. condition, are recommended in order to bring the parcels into compliance with the Amended Harmony Corridor Plan adopted as an element of the City's Comprehensive Plan. 16. First Reading of Ordinance No 148 1995 Authorizing the Apl2ronriation of $71.060 from Prior Year Reserves of the Cif s Affordable Housing Trust Fund to Meet a 1995 Request for a Rebate of Development Impact Fees for the Rosetree Village Affordable Housing_ Project The two rebates administered earlier in 1995 has left insufficient funds available in the Affordable Housing Trust Fund to reimburse a portion of development impact fees for the Rosetree affordable housing project. Additional funds are necessary from the Affordable Housing Trust Fund's prior year reserves to satisfy the amount of $106,800 required for the Rosetree rebate. The Affordable Housing Trust Fund prior year reserve is currently at $438,000. By appropriating $71,060 for 1995 use, prior year reserves will be reduced to $366,940. This reduction will have minimal impact on future allocations. This is a request for the appropriation of $71,060 from the Affordable Housing Trust Fund prior year reserves to supplement the current balance of $35,740 in the 1995 Affordable ' 407 November 21, 1995 Housing Trust Fund in order to disburse $106,800 of development impact fees for the ' Rosetree Village affordable housing project. 17. First Reading of Ordinance No 149 1995 Authorizing the Amendment Documents Related to the $9 800 000 Industrial Development Revenue Bonds Issued for the John Q. Hammons Project (University Park Holiday Inn). In July of 1984, the City issued $9.8 million of industrial development revenue bonds, the proceeds of which were used to construct the University Park Holiday Inn. The net effective interest rate on the bonds was 10.00%. The bond documents authorized the prepayment or restructuring of the financial arrangements at a later date. The owners of the project have negotiated amendments to the bond documents with the bondholder to effectively lower the cost of the debt service on the bonds and other payments to the bondholder. The net interest rate after the restructuring will be 7.0%. As the issuer and as a signatory of the original bond documents, the project owners and bondholder have requested that the City also approve the changes through an ordinance. The project is a 256 room hotel -convention center. It is located at the intersection of Prospect Street and Center Avenue, south of the Colorado State University Campus. The project has been generally successful and generates a substantial portion of the City's annual lodging tax collections. The City Council induced the project in 1983, finding that substantial economic I benefits would be derived by the City from the project. The project was found to be consistent with the goals and objectives of the City. 18. Items Relating to 500 Riverside Avenue A. First Reading of Ordinance No. 150, 1995 of the Council of the City of Fort Collins Authorizing the Purchase of 500 Riverside Avenue for Use as Open Space And as a Wastewater Plant Buffer, and the Conveyance of a Five-year Lease of the Property. B. First Reading of Ordinance No. 151, 1995 of the Council of the City of Fort Collins Appropriating Prior Year Reserves in the Conservation Trust Fund and the Wastewater Utility Capital Fund for the Purchase of 500 Riverside Avenue. The Council adopted the Poudre River Land Use Framework on May 16, 1995 (Resolution 95-64). 500 Riverside Avenue (known as the Pickle Plant Site) was one of four key parcels of land identified for City acquisition. The reasons for acquisition were: "Acquire and annex to prevent marginal industrial or commercial redevelopment. Develop site design to restore streambank, habitat and natural resource values, and act as a buffer for Wastewater Treatment :1: November 21, 1995 ' Plant #1. Include designs for Downtown gateway features and interpretive features." Restoration of the Pickle Plant Site to enhance natural resource values and potential development of "gateway" features on the Property are not planned to occur for several years. 19. First Reading of Ordinance No. 152. 1995. Appropriating Unanticipated Revenue in the General Fund for an Historic and Architectural Survey of the Central Business District. The City of Fort Collins was awarded a grant from the Colorado Historical Society in the amount of $7,500 to conduct an intensive -level historic and architectural survey of the Central Business District. This Ordinance enables the City to match the $7,500 grant with a $3,000 cash match from the Advance Planning Department's budget and $3,000 of in -kind staff and volunteer time to administer the grant. The survey will be used to determine the potential of national, state, or local historical and architectural significance of approximately 120 buildings in the downtown business community surrounding historic Old Town. In 1992, the Fort Collins Central Business District Context was completed through a Certified Local Government Grant; this project will inventory those properties fifty years or older associated with this context. 20. Resolution 95-161 Creating a Charter Review Committee and Directing the Scope of the Charter Review. ' The City Council has adopted Resolution 95-113 approving the 1995-97 Council Policy Agenda, which includes a theme of building deliberative democracy. One of the projects identified for action as part of the deliberative democracy theme is the establishment of a Charter Review Committee. n The last comprehensive review of the City Charter was undertaken in 1986. This Resolution creates an 1 ]-member Charter Review Committee and would establish the overall scope of study of the Committee and provide general guidance concerning the Charter review to be undertaken in 1996. The Council Governance Committee will serve as Council advisors and liaisons to the Charter Review Committee. Board and Commission input will be solicited on some issues, and the views of the citizenry may also be solicited on specific Charter issues during the review process. 21. Resolution 95-162 Authorizingthe he City Manager to Increase the Number of Alternative Fuel Vehicles (AFVs) Within the City Fleet and Authorizing the City Manager to Make the City a "Stakeholder" with the United States Denartment of F.nerPv in Pursuit of a "Clean Cities" Designation. The Resolution authorizes the Fleet Services Department and all the City's fleets to use and purchase alternative fuel vehicles and build additional fueling infrastructure as needed for at G November 21. 1995 least the next five years. It further authorizes the City to take a leadership role in the regional ' Clean Cities program to expand the use of AFVs and the infrastructure to support them. 22. Resolution 95 163 Approving and Adopting the Colorado Association of Municipal Utilities GuidingPrinciples Regarding Retail Wheeling of Electric Power. The National Energy Policy Act of 1992 opened the electric utility industry to the possibility of the State Legislature's authorization of deregulation and open competition, often referred to as retail wheeling. Retail wheeling is the delivery of electric power to customers from a third party over the local distributor's line. The Colorado Association of Municipal Utilities (CAMU) which represents Fort Collins and 28 other citizen -owned electric utilities in Colorado has adopted principles which it feels should guide the debate over retail wheeling in Colorado. The Light and Power staff, Fort Collins Electric Board, and the City Council's Legislative Review Committee recommended adoption of this resolution as being in the best interests of the Fort Collins community as retail wheeling is debated in Colorado. 23. Resolution 95 164 Authorizing the City to Enter into Agreements Concerning a Regional Wastewater Treatment Study in the Cache La Poudre River Basin. Local wastewater treatment entities have begun meeting to discuss regional wastewater treatment needs in the Cache la Poudre River basin from Fort Collins to Windsor. These ' entities have agreed to conduct a study on the feasibility of regional cooperation for wastewater treatment services. The proposed Memorandum of Understanding (MOU) commits the City to participate in the study. The other participants include the Boxelder Sanitation District, South Fort Collins Sanitation District, Town of Timnath, Town of Windsor and Larimer County. The study will be coordinated by the North Front Range Water Quality Planning Association (NFRWQPA). The Memorandum of Agreement (MOA) provides a mechanism to pay for consulting services associated with the development of the study. The NFRWQPA will approve bills submitted by the consultant and invoice the participants. In signing the MCA, the City authorizes NFRWQPA to contract with a consultant on the City's behalf and approve bills for payment by the City. 24. Routine Deeds and Easements A. Deed of Easement from Stephen J. Miner, Kathy L. Miner, Willard H. Solfermoser, Gaylord L. Steele, Samuel J. Harris, and Terri A. Harris for the purpose of permanent drainage and detention pond facilities located on East Lincoln Avenue east of Third Street and south of Buckingham Street. Monetary consideration $0. 410 November 21, 1995 B. Deed of Easement from Foothills Lands, Ltd. for the purpose of permanent pedestrian access located on JFK Parkway just north of Horsetooth Road. Monetary consideration $0. C. Deed of Easement from KEM Homes, Inc. and Equitable Savings and Loan Association for the purpose of permanent right-of-way located at the corner of Finch Court and Hawkeye Street. Monetary consideration $0. D. Deed of Easement from KEM Homes, Inc. and Equitable Savings and Loan Association for the purpose of permanent utilities located at the corner of Finch Court and Hawkeye Street. Monetary consideration $0. E. Deed of Easement from Heritage Homes LLC for the purpose of temporary access located on Birmingham Drive just north of Horsetooth Road, between Shields Street and Taft Hill Road. Monetary consideration $0. F. Deed of Easement from Anchor Development Corporation and The Home State Bank for the purpose of permanent drainage located between Swallow Road and Drake Road, east of Dunbar Avenue. Monetary consideration $10. I G. Deed of Easement from Oak Farm Inc. for the purpose of temporary access located at the southwest corner of Harmony Road and County Road 9. Monetary consideration $0. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No 137 1995 Amending Article IV of Chapter 26 of the Code of the City of Fort Collins Relating to the Industrial Pretreatment Program of the City's Wastewater Utility System, Second Reading of Ordinance No 138 1995 Appropriating Prior Year Reserves in the Streets Department Portion of the Transportation Services Fund to be Used for Clean Up Costs Associated With the September Snowstorm. 9. Second Reading of Ordinance No 139 1995, Authorizing the Sale of Certain Real Property at 720 North Wood, 10. Second Reading of Ordinance No 140 1995 Designating Annie's Grave Site and Memorial Headstone 136 Laporte Avenue as a Local Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. 411 November 21, 1995 11. Second Reading of Ordinance No 141 1995 Designating the Morgan Kickland House and ' Garage. 408 West Mountain Avenue as Historical Landmarks Pursuant to Chapter 14 of the Code of the City of Fort Collins. 12. Items Pertaining to the Dry Creek Annexation and Zoning. A. Second Reading of Ordinance No. 142, 1995, Annexing 52.5256 Acres, Known as the Dry Creek Annexation. B. Second Reading of Ordinance No. 143, 1995, Zoning 52.5256 Acres, Known as the Dry . Creek Annexation, into the MM - Mobile Home Medium Density Zoning District, with three conditions as indicated in the staff recommendation. [In addition, all mobile home park development proposals are subject to the requirements of Chapter 18 of the Code (Ordinance No. 159, 1987).] Items on First Reading were read by title by City Clerk Wanda Krajicek. 13. First Reading of Ordinance No 144 1995 Authorizing the City to Grant Non -Exclusive Easements for Electrical Service Via Overhead Power Poles to Poudre Valley Rural Electric Association. Inc. (REA) 14. First Reading Ordinance No 145 1995 Appropriating Prior Year Reserves for the Purpose ' of Making Refunds to Public Service Company of Colorado and Customers of the City of Fort Collins Utility System. 15. Items Related to the Amended Zoning and Rezoning of Two Parcels of Land in the Harmony Corridor Known as the Harmony Office Park Partnership and the Keenan/Glass Property. A. Hearing and First Reading of Ordinance No. 146, 1995, Amending the Zoning District Map of the City of Fort Collins by the Addition of a P.U.D. Condition and Excluding the Property from the Residential Neighborhood Sign District for That Certain Property Known as Harmony Office Park Partnership Rezoning B. Hearing and First Reading of Ordinance No. 147, 1995, Amending the Zoning District Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as Keenan Rezoning 16. First Reading of Ordinance No 148 1995 Authorizing the Appropriation of $71 060 from Prior Year Reserves of the City's Affordable Housing Trust Fund to Meet a 1995 Request for a Rebate of Development Impact Fees for the Rosetree Village Affordable Housing Project 412 November 21, 1995 ' 17. First Reading of Ordinance No 149, 1995, Authorizing the Amendment Documents Related to the $9 800 000Industrial Development Revenue Bonds Issued for the John Q. Hammons Project (University Park HolidayInn), 18. Items Relating to 500 Riverside Avenue, A. First Reading of Ordinance No. 150, 1995 of the Council of the City of Fort Collins Authorizing the Purchase of 500 Riverside Avenue for Use as Open Space And as a Wastewater Plant Buffer, and the Conveyance of a Five-year Lease of the Property. B. First Reading of Ordinance No. 151, 1995 of the Council of the City of Fort Collins Appropriating Prior Year Reserves in the Conservation Trust Fund and the Wastewater Utility Capital Fund for the Purchase of 500 Riverside Avenue. 19. First Reading of Ordinance No. 152, 1995. Appropriating Unanticipated Revenue in the General Fund for an Historic and Architectural Survey of the Central Business District. 28. Items Relating to Revisions to the Model Energy Code, A. First Reading of Ordinance No. 153, 1995, Amending Sections 5-26, 5-27 and 5-107 of the Code of the City of Fort Collins Regarding Energy Conservation Construction Standards for New Buildings. B. First Reading of Ordinance No. 154, 1995, of the Council of the City of Fort Collins Appropriating Unanticipated Revenue in the General Fund Related to the Implementation of the Proposed 1995 Energy Code Revisions. Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adopt and approve all items not removed from the Consent Calendar. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, and Wanner. Nays: None. THE MOTION CARRIED. Items Pertaining to the Dry Creek Annexation and Zoning. Adopted on Second Reading, The following is staffs memorandum on this item. "Executive Summary A. Second Reading of Ordinance No. 142, 1995, Annexing 52.5256 Acres, Known as the Dry Creek Annexation. 413 November 21, 1995 B. Second Reading of Ordinance No. 143, 1995, Zoning 52.5256 Acres, Known as the Dry ' Creek Annexation, into the MM - Mobile Home Medium Density Zoning District, with three conditions as indicated in the staff recommendation. [In addition, all mobile home park development proposals are subject to the requirements of Chapter 18 of the Code (Ordinance No. 159, 1987).] On November 7, 1995 Council unanimously adopted Resolution 95-160 Setting Forth Findings of Fact and Determinations Regarding the Dry Creek Annexation and Zoning. On November 7, 1995 Council also unanimously adopted Ordinance No. 142 and Ordinance No. 143, 1995, which annex and zone 52.5256 acres located on the south side of East Vine Drive, west of Summit View Drive, east of Lemay Avenue, and north of East Mulberry Street. The Burlington Northern Railroad is adjacent along the north property line and the Fort Collins Downtown Airport is to the south and west of the property. The requested zoning is MM - Mobile Home Medium Density with no conditions. Staff is recommending that three conditions be placed on the zoning regarding traffic study and natural areas/wetlands study requirements. The property is undeveloped and is in the I -Industrial Zoning District in Larimer County. This is a 100% voluntary annexation. " Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 142, 1995, on Second Reading. Bev Weiss, 1924 E. Vine, opposed the annexation and zoning and suggested the zoning should I contain a PUD condition. She spoke of safety concerns surrounding the site. Jan Cottier, 317 No. U.S. Highway 287, asked for a PUD condition on the project to ensure a better project. She stated timing was not a legitimate reason for not placing a PUD condition on the project. She stated the proposed process was inadequate and allows no substantive input. She asked that Councilmembers give serious thought and conduct an open process with regard to fee waivers for the project. Lou Stitzel, 521 E. Laurel, supported the annexation and zoning proposal and the project planned for the site. Betty Maloney, 1309 City Park Ave., Affordable Housing Task Force member, supported the project as an asset to northern Fort Collins and the whole community. Mark Wilford, 4205 Flag Dr., Laporte, pointed out the project will only help 6-7 Pioneer Mobile Home Park residents because of covenants that will prohibit the relocation of trailers more than seven years old. He suggested waiving development fees would be a better way to help affordable housing projects. 414 November 21, 1995 The vote on Councilmember Kneeland's motion to adopt Ordinance No. 142, 1995, on Second Reading was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Wanner made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 143, 1995, on Second Reading. Councilmember McCluskey asked if a decision on the zoning obligated the City to granting fee waivers for the project and asked about the process for the administrative approval of the project. Community Planning and Environmental Services Director Greg Byrne stated the decisions this evening have no bearing on fee waivers or any other subsidy program that might be offered or applied for. He stated the decision on the conditions is an administrative one and directs him to take input from some of the departments in the service area. There is no public hearing prior to the decision. Councilmember Janett asked about how the traffic study compares to the traffic analysis done under a PUD review. I Byrne stated the two are functionally equivalent. Staff will be asking if there are alternatives as to access to the site. Councilmember Apt asked if the reports from the City departments would be available to the public. Byrne responded the reports would be available to the public but it is difficult for the public to know the reports are available without a formal notification process. In an administrative review, formal notification is built in following the decision. Councilmember Apt asked if it would be possible to notify the public prior to the decision that the documents are available and give them the opportunity to comment. City Attorney Roy stated the way the condition is presently worded in the zoning ordinance, there is no notification requirement prior to the administrative determination about compliance with the conditions. A notification process prior to the determination should be built into the ordinance by way of amendment. Councilmember Apt stated he would like to amend the ordinance to make prior notification part of the process so the public has an opportunity to review the documents and comment on them before the decision is made, rather than waiting for an appeal process. 415 November 21, 1995 City Attorney Roy suggested the language in Section 4 should read as follows: I "Section 4. That the Director of Community Planning and Environmental Services shall no less than 10 working days prior to the date of making the determinations required in Section 3, mail notice of the existence of any site specific studies which will form the basis of such determinations to the owner and developer of the property described herein and to the owners of all real property within a 1000 foot radius of the property lines of the subject property. In making such determinations, the Director shall consider any comments received from such parties and/or other members of the public, prior to the date that the determinations are to be made. Within five working days, after make such determinations, the Director shall mail notice of the same to the owner and developer of the property described herein and to the owners of all real property within a 1000 foot radius of the property lines of the subject property for the purpose of the filing of any appeal under Section 5 below." Councilmember Wanner stated that as maker of the motion, he would see the amendment as a friendly amendment to the original motion. Councilmember Janett stated she believed the zoning for this site meets the policies of the comprehensive plan and meets the overall community good. There is a need in this community to provide options for affordable housing. The vote on Councilmember Wanner's motion to adopt Ordinance 143, 1994 as amended on Second I Reading, was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey and Wanner. Nays: None. THE MOTION CARRIED. Staff Reports City Manager Fischbach stated the Consent Agenda contained two items the public should take note of. Under Item No. 14 pursuant to TABOR amendment provisions, Council approved a utility refund to the citizens of Fort Collins in the amount of $12,871. He called attention to the purchase of the Pickle Plant Site at 500 Riverside. Transportation Services Director Ron Phillips gave an update on the Timberline Extension project. He spoke of the consultants involved in the project and of the public outreach underway. Councilmember Reports Councilmember McCluskey reported that PFA will consider adopting the Strategic Plan on December 12. He spoke of the outreach done and asked for Council feedback prior to adoption. 416 November 21, 1995 ' Councilmember Janett spoke of the Consent Agenda item relating to the rebate of development impact fees for affordable housing projects. She stated that in 1995 the total expenditure to pay a portion of development fees for affordable housing was $204,000. She spoke of the regional cities mayor/ manager luncheon and noted Windsor's Highland annexation had been discussed. Windsor is selecting a consultant to evaluate the proposed annexation and all jurisdictions have been encouraged to review the consultants' findings once that information is available. She stated all jurisdictions with the exception of Evans, have signed the resolution supporting the regional plan dealing with community separators between the different cities, linkages along the rivers and open space. Evans is scheduled to adopt a resolution this week. Another regional cities meeting is scheduled for December. One of the agenda topics will be prioritizing the work for the next phase of the regional plan. Councilmember Apt spoke of the Growth Management Committee discussion of the effects of phasing criteria. The Committee recommendation is scheduled for Council consideration on December 5. He stated the City Plan process was discussed and spoke of a meeting on December 7 to discuss the implementation of City Plan. The P&Z Board workload was discussed. He stated he would be presenting a resolution under Other Business that clarifies the City will be using some current plans as a starting point for some of the City Plan goals and objectives. He stated Council's legislative agenda will be considered on December 5 and reminded of the area legislator's lunch on December 12 at the Senior Center. ' Ordinance No. 153 , 1995, Amending Sections 5-26, 5-27 and 5-107 of the Code of the City of Fort Collins Regarding Energy Conservation Construction Standards for New Buildings. Adopted on First Reading.. The following is staffs memorandum on this item. "Executive Summary The draft ordinance amends the adopted building code by updating the energy conservation standards it references. The proposed ordinance adopts the MODEL ENERGY CODE, 1995 EDITION, with local amendments, and covers all new buildings and new portions of existing buildings. The current standards are based on the "1986 Edition" of the model code. The code review/development process culminates a two-year effort involving two technical advisory teams, two public meetings, four City boards, State and regional officials, and multiple City departments. The effective date of the new code is set for July 1, 1996. The focus of the implementation process in the interim period will be on training and development of'educational materials that support the new code, and baseline analysis of new home energy performance. These support activities will be largely funded by a grunt from the Governor's Office of Energy Conservation for the residential ' segment and by Light and Power for the commercial segment. These activities, coupled with the 417 November 21. 1995 draft ordinance, form a comprehensive energy package that is anticipated will have a much greater ' impact on building design and construction than the regulations alone. FINANCIAL IMPACTS: Following its implementation, the new code is expected to generate annually, 1500-2000 additional inspection -site visits, 4000-7000 more City vehicle -miles, and 1500-2000 added staff -hours committed to compliance. The anticipated department budget for FY`96 is expected to be adequate to cover resource needs, provided service demand levels remain relatively constant. However, should the demand for Building and Zoning services increase significantly for any extended period, current inspection staff would not be adequate to maintain "same -day" (inspections requested by 8:30 a.m.) response time, and permit application/plan review customers would also likely experience a noticeable increase in turn -around time. If the B&Z service demand level were to experience a sustained increase of more than 10% above current level for more than a quarter, additional resources, equivalent to a 0.5 FIE inspector should be put into place. Otherwise, one of the City's basic missions -- ensuring public health/safety through building codes -- could be compromised. An economic analysis was performed to evaluate costs and benefits of the proposal from the perspective of the building owner. Both the residential and commercial provisions provide reasonable cost recovery, typically within the 3 to 7- year range. Although the first cost for the necessary new energy conservation measures in a "typical" new Fort Collins home (see attached ' detailed cost -benefit analysis using the local prototype model) is estimated at $1200-$1500, the resulting down payment amounts to only $150 and the new -home buyer should reach the cost - recovery point in 3-5 years, with $30-$50 in net annual savings thereafter. The approved State grant will fund $90,000 for contracting services related to the implementation of the new residential standards by: (a) developing a "builder -friendly " field manual and other training materials, (b) conducting multiple training sessions for builders and regulators; and (c) specialized evaluation/testing of 40-50 new homes and utility bill analysis of 80-100 new homes to quantify the impacts of the new code. BACKGROUND: The Fort Collins energy conservation construction standards are contained in the 1991 UNIFORM BUILDING CODE, Appendix Chapter 53, which currently names the 1986 MODEL ENERGY CODE as the referenced standard. Initially, the review/revision process for the energy provisions was incorporated into the `91 UBC review cycle begun in early 1993. However, by late 1993 it became apparent that the building code review process was nearing completion, except for the energy standards, about which. many unresolved issues remained. The decision was made then to complete the adoption process of the 1991 UNIFORM BUILDING CODE, set for March 1994, and pursue the energy code provisions as a separate project. !IF 1 November 21, 1995 To begin the process of designing new energy conservation standards, the City hosted an "Energy Roundtable" in May of 1994. Many recognized energy specialists and experts throughout the state participated. Staff obtained much useful information from which to construct a beginning framework for the new code. The first working draft of the proposed changes was ready in January 1995. Technical AdvisoU Teams To obtain input on the initial draft, staff recruited two local technical advisory teams -- one for the residential standards and the other for the commercial standards. Each team was limited to a cross- section of 8-15 professionals selected for their diverse expertise in building design, construction, or energy conservation. The participants included code officials from Loveland and Larimer County, several builders (residential and commercial), Larimer County Weatherization staff, HVAC and electrical contractors, mechanical engineers and design professionals, staff from the OEC, the State Division of Housing, a member of the Building Review Board; in addition to City staff from Light and Power, Natural Resources, and Building and Zoning. The participants were informed up front that they were chosen for their individual professional insight and their purpose was NOT to be in the role of a decision -making committee. Their mission was clear -- to review the initial framework of suggested provisions developed by staff from earlier ' research and to provide input for the final details of the completed energy code package. Public Review Process The two technical teams met frequently from January through March of'this year discussing the details of the code framework. The draft ordinance reflects many of the suggestions from those meetings in addition to later refinements generated by subsequent economic analysis. The City hosted a public meeting advertised by direct -mail in April, at which 10-15 building professionals attended. Starting in August, staff presented the recommend energy code package to four City boards -- the Electric Board, the Building Review Board, the Natural Resources Advisory Board, and the Affordable Housing Board. The questionlcommentl response log of issues raised at these meetings is included in the attachments. The Electric Board, at their August 16 meeting, voted unanimously to recommend adoption of the draft ordinance by Council. At the August BRB meeting, one home-building contractor spoke against the residential energy code proposal. The BRB voted then, 5 to 1, to recommend that City Council not adopt the proposed residential standards, that training be offered, and that testing be performed to substantiate the cost savings estimates. Action on the commercial standards was tabled. At their September meeting, having been provided more information, the BRB reconsidered the draft ordinance. The same ' 419 November 21, 1995 contractor again spoke in opposition to the new code proposal. However, following lengthy ' deliberation with all members present, in separate motions, the BRB voted unanimously to support the commercial provisions and voted 5 to 2 to recommend that Council pass the proposed residential standards as drafted. On September 6, the NRAB voted to table the issue to their next meeting so that they could receive more information before taking a formal stand. The NRAB reconsidered the draft ordinance at their October 4 meeting. They voted unanimously to recommend that City Council adopt the energy code proposal as drafted, without any further compromising of the proposed requirements, given the proposal is based on amendments to the model code, some of which are already less restrictive than the MEC. At the Affordable Housing Board meeting on September 7, two members of the residential code technical advisory committee attended. One of them, BRB Member John Meleski, spoke in opposition to the proposal. The other committee member, Larimer County Weatherization supervisor Bruce Brown, spoke in favor of the proposal. The AHB voted to table the issue to the next meeting pending receiving additional information. At their October 5 meeting the AHB discussed the measure again but took no formal action, lacking a quorum. They reconsidered the draft ordinance at their November 2 meeting, voting 6 to I to recommend that Council NOT pass the proposed energy code package. Although some members believed that staff did a very good job of responding to the issues and developing the economic analysis, they still expressed concerns over ' precluding those very home buyers needing the most affordable housing. Members also commented that improved home energy efficiency should be accomplished through incentives, reduced fees or other mechanisms, rather than as a mandate resulting in a 'forced option" imposed on the consumer. Controversial Issues The attached Q&A log details the significant issues raised in reaction to the draft ordinance with the respective staff responses. Some of the significant controversial items (paraphrased) include. • Every incremental price -increase to a new home, in turn, raises the income qualification limit, thereby excluding an ever-increasing number of potential new owners. Staff believes the long-term costs of owning a home are at the core of the "affordability" question, rather than a modest first cost and corresponding small down payment increase. • The draft goes either "too far" or "not far enough", depending on perspective. Staff believes the proposal is a balanced approach that achieves the goal of improved energy efficiency coupled with cost-effectiveness. The draft ordinance provides a significant improvement over the current standards. However, more importantly, local construction practices will be enhanced to a larger degree through the State funded training, education, and house -testing program. Emphasis will be on proper installation methods of energy ' 420 November 21, 1995 ' components and systems. Supporting field manuals and educational materials will encourage builders to go "beyond code". Ongoing testing/evaluation will provide a baseline for future code development. As of late 1993, federally financed housing was required to meet the 1992 MEC, which contains standards that are slightly higher that those of the proposal. • Home buyers prefer to spend money on more obvious features over energy up -grades. Staff believes that most buyers assume homes are already being built to the latest energy standards as regulated by the City and that most buyers are not in a position to really know the technical details involved. • The City should also have plans to address the existing 40,000 homes in addition to new homes being regulated by increased energy conservation requirements. Obviously, it is neither economically nor legally feasible to require that ALL existing buildings comply with the proposed new standards. As with other new codes, the draft ordinance reflects an incremental upgrade, which over time gradually improves the efficiency of the Fort Collins housing stock. There are voluntary programs specifically designed to improve energy - efficiency of existing homes, e.g., ZILCH, REACH, "Weatherization ", ENERGY SCORE. The City actively encourages energy -efficiency upgrades in all segments of housing. • There is no need or justification for basement insulation. Basements and ground -floor slabs are the only major exterior envelope components that are currently not being insulated in Fort Collins. While there is still ongoing research into the complex issues of modeling below -grade heat loss, the consensus among professionals nationally is that heat loss through the foundation represents is a significant portion of a building's total energy profile. Foundation basement insulation standards have been in the MEC since the 1989 Edition. Insulating basements not only saves energy but also increases comfort and functionality. Highlights of Revisions The final code proposal is based on a number of considerations, ranging from energy savings and economics to consumer expectations and providing energy systems that perform as they are intended to. These elements are elaborated on in more depth in the attached Electric Board memo. The draft ordinance represents a modest step-up from current practice, with further performance gains anticipated at low cost as a result of the planned training, educational materials and house testing. All code changes were developed in the context of a reasonable cost -recovery period. The proposed residential standards are summarized in the attached chart. Other reference points are also provided, including the "Current Fort Collins Energy Code", "Current Fort Collins Building Practice ", the `95 MEC, Federal financing requirements, and the State code. The most ' significant changes relative to current practice include: 421 November 21, 1995 • Higher energy performance standards for electrically -heated v. gas -heated buildings. I • Basement insulation will be required (currently it is not addressed). • Perimeter insulation will be required for slab -on -grade floors. • An option to eliminate exterior vents in crawl spaces with an adequate ground cover and specified insulation. • Improved duct sealing methods where ducts are located in "unconditioned spaces" • Air -sealing requirements can be met via a detailed prescriptive approach, or via "blower door" testing as the performance alternative. • "Frost -Protected Shallow Foundation" (FPSF) technology will be permitted, through which exterior foundation insulation reduces frost -depth, consequently reducing foundation depth. • Installer/builder disclosures for installation of insulation, air -sealing measures, and mechanical equipment, in addition to the inspection performed by City personnel. • Illumination standards for commercial/industrial buildings that eliminate magnetic florescent ballasts and set maximum electric power densities for lighting. ' • Higher motor efficiency standards and system balancing threshold requirements for HVAC equipment in commercial industrial buildings." Chief Building Official Felix Lee described the public process and outlined the rationale for the revisions to the Model Energy Code. He stated the ordinance uses the latest version of the 1995 Model Energy Code as the basic framework with the local amendments developed from staff research and collective input from the review process. He stated the final product is believed to be one of the most energy conserving and practical, cost -based energy codes in the state. The proposed package gives Fort Collins a long- range, comprehensive and cost-effective approach to improving the energy performance over the life cycle of every new building. Councilmember Apt made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 153, 1995, on First Reading. Bob Browning, 1316 Hepplewhite Ct., Habitat for Humanity volunteer, spoke of the increased costs for housing. He opposed the Energy Code revisions and spoke of the effect past Code changes and other related housing cost issued have had on affordable housing in Fort Collins. 422 November 21, 1995 Bruce Brown, 425 No. Whitcomb, supported the Code revisions since the revisions allow the homeowner to control the ongoing cost of energy for their home. He urged adoption of the Code revisions. Greg Bever, 1413 Barberry Dr., local contractor, opposed the Code revisions and expressed concern about unfinished basement requirements. John Meleski, 2619 Featherstar Way, stated he believed the ordinance is a bad ordinance. He stated he served on the technical committee and reviewed the ordinance as a member of the Building Review Board. He asked for additional time on Second Reading to present additional information in opposition to the proposal. Mitch Meleski, former CSU student, stated additional regulations are non- productive. He stated the revisions will take away individual choice and will increase costs. Councilmember McCluskey stated he would not be supporting the proposal as it may be another step that prevents people from getting into a house and makes housing too expensive in Fort Collins. He asked for a method to evaluate on an on -going basis what City requirements do to the cost of a house. Councilmember Kneeland stated she would support the ordinance because energy conservation may become even more of an issue because of what is going on in the power industry. The Code changes are reasonable although there are significant issues associated with entering the housing market. Councilmember Janett spoke of one-time costs versus long-term on -going costs. She stated energy is a finite resource and having an opportunity to have a well -insulated house is desirable. Mayor Azari stated she would support the ordinance on First Reading but would be very interested in information presented on Second Reading by those opposed. The vote on Councilmember Apt's motion to adopt Ordinance No. 153, 1995, on First Reading was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland and Wanner. Nays: Councilmember McCluskey. THE MOTION CARRIED. Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 154,.1995, on First Reading. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey and Wanner. Nays: None. THE MOTION CARRIED. 423 November 21, 1995 Other Business I Councilmember Kneeland spoke of the recent Perspectives program on traffic. She spoke of the 200% increase in serious injury accidents and asked for more detailed information on the increase. She asked for a report on the "cons" of phasing criteria in terms of land use planning. Councilmember Apt presented Resolution 95-165 expressing Council's intent to include the Air Quality Plan, the Congestion Management Plan, the Bikeways Plan, and the various neighborhood and corridor plans of the City as foundational documents for the establishment of the goals and objectives of the "City Plan." He stated the Council is not clear on some of the aspects of how City Plan is to be developed. He spoke of the various plans developed over the years that have been put on the shelf and not used. He suggested the resolution would clarify that as the goals and objectives of City Plan are looked at, staff will take advantage of the work previously done to make that work meaningful. City Attorney Roy stated the resolution reinforces two concepts that may have been implicit in the RFP that was distributed with regard to the development of City Plan. Those concepts are that the existing elements of the comprehensive plan will be used as foundational documents in development of the new plan and the effort that went into the production of those documents will not be ignored. The resolution makes that intent explicit. It reinforces the implementation aspect and makes clear that the product is not just a new plan but that it identifies those components of the existing plans and the new plan that should be utilized to review specific development proposals. The last step is ' to present to Council for its consideration the way in which the implementation will occur. Councilmember Apt made a motion, seconded by Councilmember Kneeland, to adopt Resolution 95-165. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Wanner asked for a one -page memo detailing problems, costs involved in developing a simple affordability index that relates the added costs for City rules and regulations to the building of housing. Councilmember Janett made a motion, seconded by Councilmember Wanner, that the Mayor Pro Tern, the City Manager and the City Attorney be directed to work with the Fort Collins Affordable Housing Steering Committee and the Loveland CDC to explore ways in which the City of Fort Collins and the Loveland CDC can combine their efforts to form and financially support a regional CDC which would further the provision of affordable housing within the Northern Colorado region. Mayor Azari spoke of the two on -going efforts toward developing some new support systems in private public affordable housing ventures. One is small business support and the other is the CDC ' 424 1 November 21, 1995 concept. She asked Policy and Special Projects Director Frank Bruno for an update on the small business, micro -loan aspect. Bruno spoke of the education piece and the steps the micro -loan program has gone forward with. He stated the needs of small business as it relates to financing were more of an opportunity than an overwhelming need for loans in the $2500 to $10,000 range. The more important component is a need to beef up the outreach and educational efforts with regard to small business development. An educational/outreach component is being developed that will be distributed to the public to try to enhance the awareness of the community's resources. There is an interest in taking advantage of establishing a micro -loan fund that might initially be capitalized in the $50,000 range and if successful in a pilot, go further. The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Janett asked for a two -page memo on how railroad crossing arms might be authorized at the Vine and Summitview location. The meeting adjourned at 9:35 p.m. ATTEST: \� \ Ww"ams Adjournment 425 Mayor , Palo/