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HomeMy WebLinkAboutMINUTES-06/02/2009-RegularJune 2, 2009 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, June 2, 2009, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councihnembers: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, and Roy. Councilmembers Absent: Troxell Staff Members Present: Jones, Krajicek, Roy. Mayor Hutchinson recognized the graduates of the City Works 101 program. Citizen Participation Martha Roden, 102 Peterson Street, supported the recently adopted City Code changes that will enhance solid waste diversion and encourage recycling. Jeff Emmel, 543 Spindrift Court, asked for Council to consider an ordinance that bans the use of handheld cell phones by any driver of a moving vehicle. Stacy Lynne, 216 Park Street, stated her concerns with the trash bag size and quality as defined by Ordinance No. 052, 2009, adopted by Council on May 19. Mike Devereaux, 2150 Maid Marian Court, urged Council to allow power wheelchairs to be used in the bicycle lanes and to allow the user to determine the best route to use. Eric Sutherland, 631 LaPorte Avenue, stated his concerns with Item #7, Second Reading of Ordinance No_ 053, 2009, Appropriating Funds Front the City's General Fund Reserves for Transfer to the Fort Collins Urban Renewal Authority, for the Purpose of Providing a Loan for the Rocky Mountain Innovation Initiative Project because too many risks are involved and public dollars should not be used for the project. Kevin Cross, 300 Peterson, Fort Collins Sustainability Group, stated his group's support for the City Code changes to the trash policy because the changes will help the City meet its goal of diverting 50% of solid wastestream from the landfill by 2010, the 2012 and 2020 greenhouse gas emission goals and will reduce wear on City streets by decreasing the number of trips made by recycling trucks. :-A June 2, 2009 Gina Bagbey, 2523 Constitution, stated Council did not represent the majority of Fort Collins citizens when it adopted OrdinanceNo. 052, 2009. Trash districting is not preferred by most citizens and most citizens do not have any complaints with the current trash haulers. Cheryl Distaso, 135 South Sunset, stated adoption of Ordinance No. 052, 2009, will benefit the community and the public process to develop the Ordinance was fair and transparent. She urged Council to allow power wheelchairs in bicycle lanes. Rudy Zitti, 1626 Fantail Court, stated his opposition to the new trash rules and the proposed trash districting plan. Bruce Lockhart, 2500 East Harmony, did not support any changes that require recycling. Will Walters, 1701 Tanglewood Drive, stated the new trash rules are an important step to implementing the Climate Action Plan. Mary Smith, 1618 Sagewood Drive, stated the City has studied the trash hauling system for two years and she supported the changes to the trash policy which will improve recycling rates. Ray Smith, 1618 Sagewood Drive, stated his support for the new trash policy. He noted the City has not conducted a trash services survey of its residents since 1999. In 2008, two trash hauling companies provided postcards to their customers to send to the City, stating whether they were pleased with current trash hauling practices. Gina Janett, 730 West Oak Street, supported the City's efforts to increase recycling and decrease the wastestream. Citizen Participation Follow-up Councilmember Roy asked when the City last did a trash services survey. Susie Gordon, Senior Environmental Planner, stated 1999 was the last time the City did a statistically valid survey of citizens' opinions about trash services. Councilmember Ohlson asked if Council would be considering any Code changes to allow power wheelchairs in the bicycle lanes soon. Deputy City Manager Jones stated a Code change is being prepared for Council consideration that will allow wheelchair uses to travel in bicycle lanes under certain limited circumstances. No date is currently set for Council consideration. Staff continues to recommend that wheelchairs not be pen nitted in bicycle lanes, except under certain circumstances. Councilmember Ohlson stated the petitions currently being circulated requesting the repeal of Ordinance No. 052, 2009 do not have anything to do with trash districting. No one will be required to recycle or to use a larger recycling container. 190 June 2. 2009 Agenda Review Deputy City Manager Jones withdrew Item #7 Second Reading of Ordinance No. 053, 2009, Appropriating Funds From the Citv's General Fund Reservesfor Transfer to the Fort Collins Urban Renewal Authority for the Purpose of Providing a Loan for the Rocky Mountain Innovation Initiative Project from the Consent Agenda and requested the Item be postponed until June 9. The Ordinance for Item #8 Second Reading of Ordinance No. 054, 2009, Authorizing the Transfer of Existing Appropriations fi-om the Downtown Development Authority Fund to the Capital Project Fund for the Building on Basics Pedestrian Plan Project, Linden Street Streetscape Project, Phase 1 has been revised to clarify that the revenues coming from the Building on Basics Project can only be used for purposes approved by voters and the sidewalk improvements are for pedestrian safety. City Attorney Roy read the changes to Ordinance No. 054, 2009. Eric Sutherland, 631 LaPorte pulled Item #10 Items Relating to Certain Utility Service Programs and Requirements, Item # 14 Second Reading of Ordinance No. 061, 2009, Amending Chapter 26 Article VI of the City Code Relating to the Provision of Electric Service, and Item #15 Second Reading of Ordinance No_ 062, 2009, Amending Chapter 26, Article VI of the City Code Relating to Net Metered Electric Service. Bruce Lockhart, 2500 East Harmony Road, pulled Item #25 Resolution 2009-054 Approving an Exemption to the Use ofa Competitive Processfora Contract with Positive Energyfora Community Benchmarking Program to Reduce Energy Use. CouncilmemberOhlson pulled item #191;'irstReading of0rdinanceNo. 066, 2009, Making Various Amendments to the City Land Use Code. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the May 5, 2009 Regular Meeting 7. Second Reading of Ordinance No. 053, 2009, Appropriating Funds From the City's General Fund Reserves for Transfer to the Fort Collins Urban Renewal Authority for the Purpose of Providing a Loan for the Rocky Mountain Innovation Initiative Project. Ordinance No. 053, 2009, unanimously adopted on First Reading on May 12, 2009, authorizes a loan, as authorized by City Council Resolution 2008-121, to the Urban Renewal Authority (URA) in the amount of $5,303,939. The loan will enable the URA to lend Rocky Mountain Innovation Initiative Properties, LLC (RM12 Properties, LLC) the funds necessary to construct a new facility for the business incubation program. RMI2 Properties, LLC is associated with the Rocky Mountain Innovation Initiative, which runs a successful science and, technology incubation program on behalf of the City and other sponsors. W June 2, 2009 8. Second Reading of Ordinance No. 054 2009 Authorizing the Transfer of Existing Appropriations from the Downtown Development Authority Fund to the Capital Project Fund for the Building on Basics Pedestrian Plan Project, Linden Street Streetscape Project, Phase 1. This Ordinance, unanimously adopted on First Reading on May 19, 2009, appropriates funding from the Downtown Development Authority (DDA) into the project account for the Linden Street Streetscape project. This funding may be used for any or all of the following phases of the project: design, engineering, right-of-way, and construction for the segment of Linden Street from Jefferson Street/SH14 north to the Poudre River bridge. The City's matching funds are being provided by existing Building on Basics Pedestrian Plan funds. In addition, the Colorado Department of Transportation has awarded the City 5250,000 in funding for this project to help the project achieve the improvements envisioned in the Downtown River District Project, approved by the City and DDA in 2008. 9. Second Reading of Ordinance No. 055 2009 Authorizing= the Transfer of Appropriations from the Downtown Development Authority Fund to the Capital Project Fund. Building on Basics Intersection Improvements Jefferson Street/SH 14 Project. This Ordinance, unanimously adopted on First Reading on May 19, 2009, appropriates funding from the Downtown Development Authority (DDA) into the project account for the Alternatives Analysis study and recommended improvements to Jefferson Street/SH 14, from North College Avenue to Mountain Avenue. The project includes the intersection of Jefferson, Riverside, Mountain, and Lincoln streets. Funding from the DDA may be used for any or all of the following phases of the project: Alternatives Analysis study, preliminary/final design, engineering, right-of-way, and construction. The City's matching funds are being provided by existing Building on Basics intersection funds. In addition, the Colorado Department of Transportation has awarded the City $1,000,000 in funding for this project to help the project achieve the improvements envisioned in the Downtown River District Project approved by the City and DDA in 2008. 10. Items Relating to Certain Utility Service Programs and Requirements. A. Second Reading of Ordinance No. 056, 2009, Amending Chapter 26, Article VI, of the City Code Relating to Certain Electric Service Programs and Requirements. B. Second Reading of Ordinance No. 057, 2009, Amending Chapter 26, Article 111, Division 6 of the City Code Relating to Water Conservation. The two Ordinances, unanimously adopted on First Reading on May 19, 2009, make housekeeping changes to more closely align Code requirements with current utility programs and practices. The changes do not represent any change in policy or direction. There will be no increase or decrease in customers' utility rates. 192 June 2. 2009 1 l . Second Reading of Ordinance No. 058, 2009, Authorizing; the Lease of the Collindale Golf Course Residence at 1341 East Florsetooth Road for Up to Five Years. This Ordinance, unanimously adopted on First Reading on May 19, 2009, authorizes a one year lease for the residence at the Collindale Golf Course, with the City having the option to renew the lease for additional one-year terms, up to five years. The leasing of this City - owned property is beneficial in that it will discourage vandalism and reduce the City's costs by having the Tenant pay for the utilities. 12. Second Reading of Ordinance No. 059, 2009, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project (Phase One). The Mason Express ("MAX"), bus rapid transit project is entering into the right-of-way acquisition phase of the project. Project acquisitions have been broken into three phases. This Ordinance, unanimously adopted on First Reading on May 19, 2009, relates to Phase 1 and consists of seven distinct property ownerships. As a critical, federally funded transportation project, City staff requests authorization to utilize eminent domain, if necessary, and only if good faith negotiations break down, in order to ensure a timely acquisition of the necessary property interests. 13. Second Reading of Ordinance No. 060, 2009, Authorizing, the Conveyance of a Utility Easement to Tri-State Generation and Transmission Association, Inc. Tri-State Generation and Transmission Association, Inc. ("Tri-State') has requested a connection for transmission facilities between Platte River's transmission system and Tri- State. To facilitate this connection, two new breakers and associated equipment must be installed in the City's Richards Lake Substation. In order for this connection to occur, the City has granted Platte Rivera License to install facilities that are not specifically designated to provide service to the City. This Ordinance, unanimously adopted on First Reading on May 19, 2009, grants Tri-State an easement to cross the substation property with its connection. 14. Second Readinp- of Ordinance No. 061, 2009, Amendintt Chapter 26 Article VI of the City Code Relating to the Provision of Electric Service. This Ordinance, unanimously adopted on First Reading on May 19, 2009, clarifies that the City is the sole provider of retail electric service with the City. The revised Code has the goal of addressing three key issues. The first is the establishment of service territory protections similar to those afforded investor owned utilities, rural electric associations and other municipal utilities throughout the State. The second goal is to align service area definitions with bond holder expectations. The third goal is to support the development of renewable generation projects, including those owned by third -party entrepreneurs selling electricity at retail within City limits, provided certain conditions are met. 193 June 2, 2009 15. Second Reading of Ordinance No. 062, 2009, Amending Chapter 26, Article VI of the City Code Relating to Net Metered Electric Service. This Ordinance, unanimously adopted on First Reading on May 19, 2009, amends Chapter 26, Article VI the City Code to define the net metering requirements for qualifying renewable generation facilities. In light of recent technological and legislative developments, the City intends to formalize its net metering program. Pursuant to a pilot program, the City has offered net metering services to its customers since 2005 through special services contracts. The intent of this amendment to the City Code is to codify the net metering rate in the Utility's existing rates. 16. First Reading of Ordinance No. 063, 2009, Appropriating Prior Year Reserves. City Council authorized expenditures in 2008 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2008 because: There was not sufficient time to complete bidding in 2008 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies. The project for which the dollars were originally appropriated by Council could not be completed during 2008 and reappropriation of those dollars is necessary for completion of the project in 2009. To carry on programs, services, and facility improvements in 2009 with unspent dollars previously appropriated in 2008. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2008 and reflect no change in Council policies. 17. First Reading of Ordinance No. 064, 2009, Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2009 Adopted City Budget and Authorizing the Transfer of Appropriations to the Capital Projects Fund. The purpose of the previously appropriated funds is for land conservation, construction of public improvements, restoration of wildlife habitat and other natural areas program needs to benefit the citizens of Fort Collins. 18. First Reading of Ordinance No. 065 2009 Appropriating Prior Year Reserves in the General Fund for Cultural Development and Programming Activities and the Fort Collins Convention and Visitors Bureau. This Ordinance appropriates lodging tax revenues that were in excess of 2008 budgeted lodging tax receipts to Cultural Development and Programming ('`CDP"'), Visitor Events, June 2. 2009 and the Convention and Visitors Bureau ("CVB") accounts. Lodging tax revenues for 2008 were estimated to be $746,241 and the 2008 budget appropriated an equal amount. However, actual receipts totaled $833,468 for 2008 and the difference of $87,227 has not been appropriated. The CDP and Visitor Events accounts each had funds from revenue received and previous year lodging tax allocations which were not used during 2008. The unexpended 2008 funds are: CDP - $75,207, and Visitor Events - $54,031. These funds are in the General Fund reserves for lodging taxes and must be appropriated into the respective CDP and Visitor Events accounts. 19. First Reading of Ordinance No. 066, 2009, Making Various Amendments to the City Land Use Code. Staff has identified a variety of proposed changes, additions and clarifications in the 2009 annual update of the Land Use Code. 20. Items Relating to the Community Development Block Grant Recovery (CDBG-R) Program Authorized by the American Recovery and Reinvestment Act of 2009. A. Resolution 2009-060 Approving the Programs and Projects that Will Receive Funds from the Community Development Block Grant Recovery (CDBG-R) Program. B. First Reading of Ordinance No. 067, 2009, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. The American Recovery and Reinvestment Act of 2009 is an economic stimulus package enacted by the United States Congress and signed into law by President Obama on February 17, 2009. The Act is intended to provide a stimulus to the U.S. economy in the wake of the economic downturn and includes federal tax relief, expansion of unemployment benefits and other social welfare provisions, and domestic spending in education, health care, and infrastructure, including the energy sector. The Act appropriated $ I billion in Community Development Block Grant (CDBG) funds to states and local governments to carry out, on an expedited basis, eligible activities under the CDBG Program. The new CDBG funds are in a program officially called the CDBG Recovery (CDBG-R) Program and are additional/supplemental funds for the City's FY 2008 CDBG Program, which started on October 1, 2008. Resolution 2009-050 establishes which programs and projects will receive funding through the additional allocation of $271,137 of FY 2008 CDBG funds through the CDBG-R Program from the U.S. Department of Housing and Urban Development (HUD). The City's amendment to its FY 2008 CDBG Program is due to HUD by Friday June 5, 2009. 21. Items Relating to a Colorado Department of Transportation Grant for the Transit Strategic Plan. A. Resolution 2009-051 Authorizing the Execution of all Intergovernmental Agreement Between the City and the Colorado Department of Transportation for Partial Funding of the Development of a Transit Strategic Plan Update. 195 June 2, 2009 B. First Reading of Ordinance No. 068, 2009, Appropriating Unanticipated Revenue from the Colorado Department of Transportation in the Transit Fund for the Development of the Transit Strategic Plan. During the 2008-2009 Budgeting for Outcomes (BFO) process, Council chose to fund a $100,000 update to the 2002 Transfort Strategic Operating Plan. This Plan update, also known as the 2009 Transit Strategic Plan, is a partnership between Fort Collins, Loveland, and the Poudre School District. In addition to the Fort Collins $100,000 contribution, Loveland contributed $52,555 to provide an update to Loveland's 2004 COLT Transit Plan, and the Poudre School District contributed $30,000 to conduct analysis regarding student mobility within Fort Collins utilizing Public Transportation. In addition to the local contributions, Transfort received a grant in the amount of $15,000 from CDOT, under Section 5304, a statewide transit planning grant program, to contribute toward the work necessary to complete the 2009 Transit Strategic Plan with a total project budget of $197,555. The 2009 Transit Strategic Plan will provide Fort Collins with the information necessary to update the 2002 Transfort Strategic Operating Plan. The plan update will address changes that have occurred in our transportation network since the completion of the previous plan in 2002, review existing policy, develop a strategic operating plan, and develop a financing and resource utilization plan. 22. Items Relating to the Design of the South Transit Center as Part of the Mason Corridor/MAX BRT Project. A. Resolution 2009-052 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins and the Colorado Department of Transportation for the Design of the South Transit Center. B. First Reading of Ordinance No. 069, 2009, Appropriating Unanticipated Revenue in the Capitals Projects Fund, Mason Corridor Project for the South Transit Center Project. This funding contract between the City and the Colorado Department of Transportation (CDOT) will allow for work to advance on the design of the South Transit Center, which is an important component of the Mason Corridor/MAX BRT Project. This funding will be used for final design, engineering, and architectural services for the South Transit Center Project. The State SB-1 funds are part of the City's local matching funds for the Federal Transit Administration federal funding for the overall Mason Corridor Project. The South Transit Center Project will be located on City -owned property which is the current site of the Mason Corridor bicycle/pedestrian trailhead parking area, located west of South College Avenue, near the intersection of Fairway Lane and Fossil Boulevard (approximately 1 /2 mile south of Harmony Road). 196 June 2. 2009 23. First Reading of Ordinance No. 070, 2009, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Harmony Road and College Avenue Improvements Project. The intersection of College Avenue and Harmony Road is one of the busiest in the City of Fort Collins. Recent growth in the area and new construction along the Harmony Road corridor has caused additional congestion and traffic delays at the intersection. The improvement project requires acquisition of various real property interests from fivedifferent properties which are located at the College/Harmony and Harmony/Mason intersections. This project is partially federally funded through the Colorado Department ofTransportation and, since the project will modify College Avenue, which is a State highway, all aspects of the project, including property acquisitions, must comply with procedures for federally funded projects. The acquisition phase of this project will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 as Amended (Public Law 91-646). In accordance with these regulations, property owners must be informed about the possible use of eminent domain and their rights pursuant to Colorado Statute in the official Notice of Interest Letter. The authorization from City Council is needed prior to sending this information to property owners. This letter is the first official step in the acquisition phase and happens prior to the appraisals. Staff has developed a recommended timeline which would allow construction to begin in February, 2010. Given the recommended construction schedule for the project and the fact that the acquisitions must be conducted under procedures for federally funded projects, timely acquisition of the property interests is necessary. Therefore, staff is requesting authorization to use eminent domain for all property acquisitions, if such action is necessary. 24. Resolution 2009-053 Authorizing the Execution of Grant Agreement 09-FNL- SO With the State of Colorado for Funding to Acquire Snow Removal Equipment at the Fort Collins - Loveland Municipal Airport. The Fort Collins -Loveland Airport is being offered a grant from the State to assist with the purchase of snow removal equipment. The Airport purchased a used snow plow truck and snow plow blade from the Denver International Airport ("DIA") in the amount of $15,000. The State Grant Agreement is in the amount of $7,500 and will be used to reimburse the Airport for half the purchase cost. The snow removal equipment will increase the safety of the Airport and reduce the time needed to clear the Airport runways and taxiways of snow and ice. 25. Resolution 2009-054 Approving an Exemption to the Use of a Competitive Process for a Contract with Positive Energy for a Community Benclunarking Program to Reduce Energy Use. This program will be purchased directly, from Positive Energy for a first year cost of $310,000. The program utilizes targeted, integrated communications with advanced software analytics and behavioral science principles to inform customers about their usage and 197 June 2, 2009 motivate them to conserve. The money for the purchase of this program is budgeted and available in the Energy Efficiency budget of the Light and Power Fund. 26. Resolution 2009-055 Authorizing a Revocable Permit to the Fort Collins Velodrome Association to Conduct a Bicycle Race Event Series on City Property. The Fort Collins Velodrome Association has contacted City staff with an interest in hosting a bike race event series on the Streets Department property located at 625 Ninth Street. The events would be held Tuesday nights starting June 16th and would run through July 7, 2009. Since the Streets Department is not property that is generally made available for use by outside groups under the City's Administrative Policies or the City Code, the City must issue a revocable permit to the Association to use the City Property. The Streets Department location was identified for the event because of the large property layout, pavement in good conditions, and it is possible to create a 1-kilometer criterium race course on the site. City involvement with this event will fulfill the City's Bicycle Master Plan recommendations with respect to supporting local bicycle sporting events and would add to the overall greater goal of promoting Fort Collins as a cycling Mecca in Northern Colorado. 27. Resolution 2009-056 Making an Appointment to the North Front Range Transportation and Air Quality Planning Council. This Resolution changes the current appointment to the North Front Range Transportation and Air Quality Planning Council (aka Metropolitan Planning Organization "MPO") from Councilmember David Roy to Councilmember Ben Marvel. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 7. Second Reading of Ordinance No. 053, 2009, Appropriating Funds From the City's General Fund Reserves for Transfer to the Fort Collins Urban Renewal Authority for the Purpose of Providing a Loan for the Rocky Mountain Innovation Initiative Project. 8. Second Reading of Ordinance No. 054, 2009, Authorizing the Transfer of Existing Appropriations from the Downtown Development Authority Fund to the Capital Project Fund for the Building on Basics Pedestrian Plan Project, Linden Street Streetscape Project, Phase 1. 9. Second Reading of Ordinance No. 055, 2009, Authorizing the Transfer of Appropriations from the Downtown Development Authority Fund to the Capital Project Fund, Building on Basics, Intersection Improvements, Jefferson Street/SH 14 Project. 10. Items Relating to Certain Utility Service Programs and Requirements. A. Second Reading of Ordinance No. 056, 2009, Amending Chapter 26, Article VI, of the City Code Relating to Certain Electric Service Programs and Requirements. .y June 2, 2009 B. Second Reading of Ordinance No. 057, 2009, Amending Chapter 26, Article 111, Division 6 of the City Code Relating to Water Conservation. I t . Second Reading of Ordinance No. 058, 2009, Authorizing the Lease of the Collindale Golf Course Residence at 1341 East Horsetooth Road for Up to Five Years. 12. Second Reading of Ordinance No. 059, 2009, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project (Phase One). 13. Second Reading of Ordinance No. 060, 2009, Authorizing the Conveyance of a Utility Easement to Tri-State Generation and Transmission Association, Inc. 14. Second Reading of Ordinance No. 061, 2009, Amending Chapter 26 Article VI of the City Code Relating to the Provision of Electric Service. 15. Second Reading of Ordinance No. 062, 2009, Amending Chapter 26, Article VI of the City Code Relating to Net Metered Electric Service. Ordinances on First Reading were read by title by City Clerk Krajicek. 16. First Reading of Ordinance No. 063, 2009, Appropriating Prior Year Reserves. 17. First Reading of Ordinance No. 064, 2009, Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2009 Adopted City Budget and Authorizing the Transfer of Appropriations to the Capital Projects Fund. 18. First Reading of Ordinance No. 065, 2009, Appropriating Prior Year Reserves in the General Fund for Cultural Development and Programming Activities and the Fort Collins Convention and Visitors Bureau. 19. First Reading of Ordinance No. 066, 2009, Making Various Amendments to the City Land Use Code. 20. First Reading of Ordinance No. 067, 2009, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. 21. First Reading of Ordinance No. 068, 2009, Appropriating Unanticipated Revenue from the Colorado Department of Transportation in the Transit Fund for the Development of the Transit Strategic Plan. 22. First Reading of Ordinance No. 069, 2009, Appropriating Unanticipated Revenue in the Capitals Projects Fund, Mason Corridor Project for the South Transit Center Project. 199 June 2, 2009 23. First Reading of Ordinance No. 070, 2009, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Harmony Road and College Avenue Improvements Project. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and approve all items not withdrawn from the Consent Calendar and to adopt Item 98 as revised. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, and Roy. Nays: none. THE MOTION CARRIED. Staff Reports Michelle Provaznik, Horticulture Facility and Services Administrator for the Gardens on Spring Creek, gave an update on the Gardens on Spring Creek. She stated visits to the Gardens increased greatly over the past two years. Revenues have increased with the increased visits due to more room rentals, more classes being held and grants that have been received. The first fundraiser was held this spring to raise funds to build a rock garden. A variety of events, including the Urban Gardening Festival, Spring Plant Sale and Articulture, bring many people into the Gardens. The mission of the Gardens is to improve lives through horticulture and community partnerships are one way to achieve that goal. Partners include various City departments, CSU, Poudre School District, Front Range Community College and a variety of non -profits. Mark Jackson, Transportation Group Director, stated the Hannony Road Improvements Project is the largest transportation construction capital project underway this year. Rick Richter, Engineering and Capital Projects Manager, stated the Harmony Improvements Project includes improving the Harmony/Shields intersection and widening Harmony from Seneca east to the railroad tracks. Difficulties were encountered this spring with bad weather and problems with some water mains that have caused a slight delay. The project adds travel lanes, bike lanes and pedestrian facilities along Harmony. Phase I, which is construction of the west half of the Shields/Harmony intersection and the construction of Harmony west to Seneca will be completed by mid -June. Phase II, the east side of the project, will begin on June 15. The project should be completed by early August. The goal is to complete the project before the fall semester begins at Front Range Community College. Ordinance No. 053, 2009, Appropriating Funds From the City's General Fund Reserves for Transfer to the Fort Collins Urban Renewal Authority for the Purpose of Providing a Loan for the Rockv Mountain Innovation Initiative Project, Postponed to June 9, 2009 The following is staff's memorandum for this item. "EXECUTIVE SUMMARY Ordinance No. 053, 2009, unanimously adopted on First Reading on May 12, 2009, authorizes a loan, as authorized by City Council Resolution 2008-121, to the Urban Renewal Authority (URA) in the aniount of $5,303,939. The loan will enable the URA to lend Rocky Mountain Innovation Initiative Properties, LLC (RM12 Properties, LLC) the Junds necessary to construct a new facility /ll June 2. 2009 for the business incubation program. RMI2 Properties, LLC is associated with the Rocky Mountain Innovation Initiative, which runs a successful science and technology incubation program on behalf of the City and other sponsors. " Deputy City Manager Jones requested consideration of this item be postponed until June 9, 2009. Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to postpone consideration of Ordinance no. 053, 2009 on Second Reading to June 9, 2009. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, and Roy. Nays: none. THE MOTION CARRIED. Items Relating to Certain Utility Service Programs and Requirements, Adopted on Second Reading The following is staffs memorandum for this item. "EXECUTIVE SUAIMAR Y A. Second Reading of Ordinance No. 056, 2009, Amending Chapter 26, Article VI, of the City Code Relating to Certain Electric Service Programs and Requirements. B. Second Reading of Ordinance No. 057, 2009, Amending Chapter 26, Article III, Division 6 of the City Code Relating to Water Conservation. The two Ordinances, unanimously adopted on First Reading on May 19, 2009, make housekeeping changes to more closely align Code requirements with current utility programs and practices. The changes do not represent any change in policy or direction. There will be no increase or decrease in customers' utility rates.' Eric Sutherland, 631 LaPorte, stated the green pricing program allows citizens to pay more on their utility bills with the assumption the funds will be used to create clean energy sources. The program has been corrupted by diverting revenue from the program to purchasing renewable energy credits which do not directly produce clean energy. There is no language in the City Code that will dictate how the funds from the green pricing program will be used to further clean energy. A citizen advisory board is needed that is more in tune with the trends that are reshaping the electric utility industry. Councilmember Ohlson stated Council has given direction to not purchase any renewable energy credits and he asked when Council will consider selling the renewable energy credits already purchased. He also asked for the Electric Board to be changed to an Energy Board. Steve Catanach, Light and Power Operations Manager, stated Council has been provided a memo that details the renewable energy credits owned, the location of each and the wind farm energy production. The memo also detailed the rate impacts to customers participating in the green energy program if the renewable energy credits were sold. 201 June 2. 2009 Mayor Hutchinson noted the Leadership Team would discuss changing the Electric Board to an Energy Board. Councilmember Manvel asked why there was no board or commission input for this item. "Ferri Bryant, Utilities Finance/Budget Manager, stated Utilities was having difficulties administering the rebate programs. Current Code language is inflexible in allowing the administration of newer conservation and rebate programs. The Ordinances do not impact any rate changes and only adjusts Code language to allow more flexibility to offer citizens a multitude of rebate and conservation programs without continually returning to Council to change Code language. Councilmember Roy stated Council has given clear direction for renewable energy credits not to be purchased and he asked why the purchase of renewable energy credits has not been stopped. Patty Bigner, Utilities Customer and Employee Relations Manager, stated staffs analysis of the options determined the impacts to the variety of programs and rates would be significant if the purchase of renewable energy credits were to be stopped. Staff provided a memo to Council for its review before proceeding. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 056, 2009 on Second Reading. Councilmember Ohlson asked for any items that involve changes to be reviewed by the board most closely related to the area. Councilmember Roy asked for a discussion on renewable energy credits to be scheduled. He supported changing the Electric Board into an Energy Board. Councilmember Poppaw supported the creation of an Energy Board. Mayor Hutchinson noted a renewable energy credit is designed to provide supplementary funding to pay for electricity produced by renewable energy that is produced elsewhere and not locally. The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, and Roy. Nays: none. THE MOTION CARRIED. Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 057, 2009 on Second Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, and Roy. Nays: none. THE MOTION CARRIED. 202 June 2, 2009 Ordinance No. 061, 2009, Amending Chapter 26 Article VI of the City Code Relating to the Provision of Electric Service, Adopted on Second Reading The following is staffs memorandum for this item. "EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 19, 2009, clarifies that the City is the sole provider of retail electric service with the City. The revised Code has the goal of addressing three key issues. The first is the establishment ofservice territory protections similar to those afforded investor owned utilities, rural electric associations and other- municipal utilities throughout the State. The second goal is to align service area definitions with bond holder expectations_ The third goal is to support the development of ' renewable generation projects, including those owned by third -party entrepreneurs selling electricity at retail within City limits, provided certain conditions are met. For Second Reading, the definition of high voltage transmission has been revised to read "shall mean the transmission oj'electric energy at voltagesgreater than thirty-five thousand (35, 00) volts. " Section 10 ofthe Ordinance (page 3) has been revised to remove the word "impulses "from "...high voltage transmission of electric current... " Eric Sutherland, 631 LaPorte, stated the Ordinance is not necessary and the City should be developing regulations to regulate distributed energy generation. A third -party who develops distributed generation should pay the City payments -in -lieu -of taxes (PILOTS). He urged Council not to adopt the Ordinance until determination is made as to whether PILOTS will be collected from third -party generators. Councilmember Roy asked if the Ordinance will allow PILOTs to be collected from third -party generators. Steve Catanach, Light and Power Operations Manager, stated the collection of PILOTS is included in the rate schedules in City Code. Councilmember Manvel asked if PILOTs will be collected. Catanach answered in the affirmative. Mayor Hutchinson asked if the PILOTS could be diverted from the Utilities fund into the General Fund. Deputy City Manager Jones stated PILOTS are a source of revenue to the General Fund. Catanach stated no other utility funds can be diverted to the General Fund because those funds are committed to Utilities by the City's Charter. Councilmember Manvel asked what happens to the renewable energy credits earned by third party generation. Catanach stated the Utilities' Incentive Program has an option to contract with third - party generators to purchase their renewable energy credits for $1/watt for a 20-year life span. Utilities cannot require the customer to assign the renewable energy credits to the Utilities because the credits have a monetary value that must be recompensed. Utilities has been purchasing renewable energy credits from customers as part of the Incentive Program, but the purchase is not included in the language of the Ordinance. The renewable energy credits purchased from local 203 June 2. 2009 energy generation have multiple value to the Utilities. The main constraint in purchasing local renewable energy credits is the budget and having funding available to make the purchase. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 061, 2009 on Second Reading. Councilmember Roy stated lie was opposed to the purchase of renewable energy credits outside of the City, not generated or used by the citizens of Fort Collins but the purchase of locally produced renewable energy credits is a good investment. The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, and Roy. Nays: none. THE MOTION CARRIED. Ordinance No. 062, 20091 Amending Chapter 26, Article VI of the City Code Relating to Net Metered Electric Service, Postponed The following is staff's memorandum for this item. "EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 19, 2009, amends Chapter 26, Article V1 the City Code to define the net metering requirements for qualifying reneivable generation facilities. In light of recent technological and legislative developments, the City intends to formalize its net metering program. Pursuant to a pilot program, the City has of/ered net metering services toils customers since 2005 through special services contracts. The intent of this amendment to the City Code is to codify the net metering rate in the Utility's existing rates. " Eric Sutherland, 631 LaPorte, stated the idea of net metering is for a customer to produce enough energy to offset the energy used. When a customer produces energy over and above the energy used, the customer becomes a seller of electricity. The section of City Code that authorizes and sets rates for net metering should not be used for someone who generates I megawatt of electricity and uses only a fraction of that amount. A different regulatory structure is needed for distributed power generation over and above a customer's annual consumption. Utilities should not allow production of up to I megawatt. Councilmember Ohlson asked why the cap is set at I megawatt and not at a much lower rate. Steve Catanach, Light and Power Operations Manager, stated the approximate cost of installing a photo voltaic system is between 18 and 24 cents per kilowatt/hour generated. The current rate charged to residential customers is 6 cents per kilowatt/hour. The proposed Ordinance sets the rate of energy purchased back from customers at 6 cents per kilowatt/hour. The excess energy generated by a large commercial customer who would be able to install a system capable of producing I megawatt, would be purchased back at under 2 cents per kilowatt/hour. The intent of the 1 megawatt cap is to remove any roadblocks from any size of customer that wishes to install renewable generation. June 2, 2009 Councilmember Manvel asked if the rate charged to commercial customers was lower than the rate charged by Platte River for the energy produced. Catanach stated Platte River charges the City .01774 cents per kilowatt/hour. There is a demand rate component which is the peak usage at any given 15 minute period during each month. The energy charge and the demand charge are blended together for the commercial customer, for an average charge of 4 cents per kilowatt/hour. The benefit to the customer in installing an energy generation system is in generating electricity to meet the customer's load because the customer would save the demand component of the rate along with the retail energy rate. Utilities will purchase any excess energy at the energy rate, but will not pay the demand component back to the customer. Councilmember Manvel noted the price paid to a customer for any excess energy generated will not provide any profit to the customer. Catanach stated a review of net metering will occur periodically as technology changes. Many states offer a cap for net metering higher than 1 megawatt and regulated utilities in Colorado currently have a 2 megawatt limit. Councilmember Manvel asked if the City would be required to buy energy at 6 cents per kilowatt/hour if a customer does produce large amounts of energy that is not used by the customer. Catanach stated the rate of 6 cents per kilowatt/hour is a residential rate. A residential customer does not have the infrastructure or capability to place I megawatt of power back into the City's system. If a large customer generates I megawatt and uses very little of that energy and has a connection to the City's system that is capable of handling that 1 megawatt, the customer would sell the excess energy to the City at a rate of just below 2 cents per kilowatt/hour. No resource exists for customer could invest in that would produce the power for less than 2 cents per kilowatt/hour, so no customer will profit from excess energy generation. A residential customer, could possible produce enough excess energy to make some money from the City buying the excess energy. The idea of purchasing excess energy at the offset retail rate is to provide an incentive for excess generation. The cost of a system capable of producing a high amount of excess energy would be prohibitive for a residential customer and the customer would not make a profit. Councilmember Manvel stated many communities have linked net metering to the customer's actual consumption and do not set a flat rate limit. Catanach stated the State has added the percentage cap only recently and staff has not considered changing the cap from a flat rate to a percentage. Councilmember Ohlson asked why net metering is not separated from power generation in the Code. Catanach stated net metering addresses qualifying resources and the interconnection and parallel generation component to the rates is designed to encompass all types of generation, not just qualifying renewable generators. Councilmember Ohlson asked if Second Reading could be postponed for staff to consider any proposed revisions. Catanach stated the cap could be changed to 120% of a customer's usage, if Council directs. Councilmember Roy made a motion, seconded by Councilmember Manvel, to postpone Second Reading of Ordinance No. 062, 2009 until staff has further studied the issue and reviewed any changes with the Electric Board and the Natural Resources Advisory Board. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, and Roy. Nays: none. 205 June 2. 2009 THE MOTION CARRIED. (**Secretary's note: The Council took a brief recess at this point in the meeting.) Ordinance No. 066, 2009, Making Various Amendments to the City Land Use Code, Adopted as Amended on First Reading The following is staff s memorandum for this item. "EXECUTIVE SUMMARY Staff has identified a variety of proposed changes, additions and clarifications in the 2009 annual update of the Land Use Code. BACKGROUND The Land Use Code was first adopted in March 1997. Subsequent revisions have been recommended on a regular basis to make changes, additions, deletions and clarifications that have been identified since the last update. The proposed changes are offered in order to resolve implementation issues and to continuously improve both the overall quality and "user friendliness " of the Code. The one potential Code change related to the buffer distance around wastewater treatment plants has been pulled from this Ordinance for separate consideration on July 7. " Deputy City Manager Jones noted the proposed changes to the Land Use Code do not include the issue of buffer distance from the wastewater treatment plant. Councilmember Manvel asked if the wording in Section 2 of the Ordinance, which would allow extensions for a final plan or site development plan, would accommodate developers when economic conditions preclude the developer from proceeding with the plan. Ted Shepard, Chief Planner, stated the proposed change adds a clause that will allow more flexibility in interpreting the criteria for granting extensions. Mayor Hutchinson asked what the impact will be with the proposed amendments to Section 3.2.1. Shepard stated this Section applies to multi -family, institutional and commercial properties and not to single family, detached homes. Laurie D'Audney, Water Conservation Specialist, stated many sprinkler contractors and landscape designers were involved in the process of developing the amendments. The intent is to bring standards to outdoor sprinkler systems and incorporate best management practices and new technologies. Councilmember Ohlson asked if the change to this Section was reviewed by the Water Board. D'Audney stated the Water Board Conservation and Public Education Committee did review the change. 206 June 2, 2009 Councilmember Roy made a motion, seconded by Councilmember Manvel to adopt Ordinance No. 066, 2009 on First Reading. Councilmember Ohlson made a friendly amendment to eliminate the proposed change to Section 5.1.2 (2)(g) of the Land Use Code (Section 46 of the Ordinance) until such time as staff has further researched the proposed change in that Section. Councilmembers Roy and Manvel accepted the friendly amendment. Councilmember Ohlson stated he would like a policy established to create a review system for irrigation companies to provide oversight so the impacts on sensitive riparian areas can be considered. The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, and Roy. Nays: none. THE MOTION CARRIED. Resolution 2009-054 Approving an Exemption to the Use of a Competitive Process for a Contract with Positive Energy for a Community Benchmarking Program to Reduce Energy Use, Adopted The following is staffs memorandum for this item. "FINANCIAL IMPACT This request is for an exception to the competitive process over $200,000 and requires Council approval. The City of Fort Collins Utilities requested purchase of a community benchmarking program for the purpose of reducing energy use. EXECUTIVE SUMMARY This program will be purchased directly. from Positive Energy for a first year cost of $310, 000. The program utilizes targeted, integrated communications with advanced software analytics and behavioral science principles to inform customers about their usage and motivate them to conserve. The money for the purchase of this program is budgeted and available in the Energy Efficiency budget of the Light and Power Fund. BACKGROUND The 2009 Energy Policy, adopted by City Council on January 6, 2009, provides strategic planning guidance for Fort Collins Utilities' Light and Power Service Unit, the Energy Services group and the entire City Government on electric system reliability, reduction ofcarbon emissions, renewable energy and the ongoing relationship with Platte River Power Authority. The second goal area outlines direction related to the reduction of carbon emissions related to energy use. The policy 207 June 2. 2009 establishes a specific energy reduction goal: Achieve annual energy efficiency and conservation program savings of at least 1.5% of annual energy use (based on a three year average history). Staff researched the existing marketplace for similar energy efficiency programs and inters iewed Utilities staff members currently using the program. Although several companies are exploring development of similar programs or were interested in developing a pilot program with the City, staff was unable to find an established program offered by other industry, vendors. Some of the unique technical qualifications of the program include proprietary software that generates individualized reports, integration and data warehousing software, and capacityfor data -mining and data collection used for analyzing historical energy use patterns. Current utility customers include Southern California Edison, Puget Sound Energy, Sacramento Municipal Utility District, Sempra and Commonwealth Edison. Conversations with staff from several of these utilities resulted in favorable recommendations and expressed overall satisfaction with both Positive Energy staff and program results. TRIPLE BOTTOM LINE FOR THE POSITIVE ENERGY PROGRAM Social Impact Fort Collins Utilities will be purchasing the Positive Energy community benchmarking program as an energy efficiency and conservation strategy. Positive Energy Home Energy Reporting System offers a new, innovative approach to informing customers and motivating behavior changes that result in reduced electricity use. A "benchmark" group of 25,000 households will receive home energy reports on an average of 6 times per year. 150,000 fully personalized reports will be delivered as part of this program. This group will also have free online access to the program's Energy Insider website, where customers can get more information on energy programs and tips and share information about what their efficient neighbors are doing to reduce consumption. This website can also act as customer education tool for community action and events. Energy reduction of the benchmark group will be measured against a control group of homes that are not receiving the reports. In addition to energy reduction due to behavioral changes (conserving energy), the program 's home energy reports and online tools are expected to help improve Demand Side Management program participation. One of the key program elements provided by Positive Energy is a robust measurement and verification process that will provide a set ofdetailed program reports which will document the savings and effectiveness of the program. Energy reduction of the benchmark group will be measured against the control group. Financial Impact This program will be purchased directly from Positive Energy for a first year cost of $310,000. Program expense for the first year includes a one-time setup cost and expense for subsequent years will be approximately $252, 000. Through an Intergovernmental Agreement with Platte River Power Authority, the cost of conserved energy (CCE) will be offset at $.02/k6Vh or approximately $90, 000 by Platte River Demand -Side Management funding. June 2, 2009 Environmental Impact Anticipated energy savings from the program are estimated to be 4,500 MIA and 3,640 tons of carbon dioxide avoided annually. In addition to energy savings from behavioral changes, additional energy savings may result through suggestions for additional efficiency measures in each of the customized energy reports. For example, in addition to turning the thermostat down in cold weather and up in the warm weather, the report may suggest a programmable thermostat or air conditioner tune-up. " Bruce Lockhart, 2500 East Hannony, stated his concerns about the cost of the software for this program. He did not believe the purchase should be exempted from the competitive bid process. Eric Sutherland, 631 LaPorte, stated programs that encourage conservation are a good investment for the Utilities. The Positive Energy Program was not reviewed by any board or commission and did not receive any public input and a process should be developed to ensure citizens are included in decisions such as the purchase of this program for over $300,000. Councilmember Kottwitz asked if the Resolution approves the Program for only one year and if the program will need to be reapproved each year. Patty Bigner, Utilities Customer and Employee Relations Manager, stated the program is a pilot program. The Resolution approves an exception to the competitive bid process and not the expenditure itself Diane Jones, Deputy City Manager, stated the cost for future years would be included in the budget process and will not be brought to Council for individual consideration. Councilmember Ohlson noted Positive Energy is the only company that provides this type of energy conservation program and he asked if staff has confirmed that other cities using this program are satisfied with the results. Bigner answered in the affirmative. Councilmember Manvel asked how this program would relate to the Smart Metering Program that the City hopes to begin in the near future. Bigner stated smart metering gives customers timely information about energy use. The Positive Energy program will examine a customers energy use, coupled with the type of property and area where the customer lives, and will create a virtual neighborhood to benchmark the customer's use with the neighbor's use. The premise of the program is that people will be motivated to change, once they understand their use compared to others who are in similar living arrangements. The customer will receive a report that will include information on ways to improve energy use. The goal is to reduce energy consumption by 2 to 2 1 /2% annually in the participating households. Councilmember Ohlson asked if the Electric Board had reviewed the program. Bigner stated staff does not typically take demand side management measures such as this one to the Electric Board. Councilmember Kottwitz asked if the funds to purchase this program are currently available in the Light and Power fund and for what other purpose might those funds be used. Bigner stated funding is available for demand side management programs that are approved each year in the budget. This program is designed to target residential customers so the same funding could be used for reducing energy use by industrial customers. Residential customers are very difficult to reach because they 209 June 2, 2009 are so diverse and numerous. This program will provide an effective way to reach a large number of households. Councilmember Kottwitz asked if the information provided to residents to become more energy efficient will include an estimate of potential cost savings. Bigner stated the motivation behind this program is to help customers see what their energy use is and to motivate them to change their behavior which will provide cost savings. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution 2009-054. Councilmember Roy asked if the City is doing anything to increase funding provided by Platte River for programs that encourage energy conservation. Bigner stated Platte River is committed to providing more funding for programs such as this. The Platte River Board determines the amount of funding for demand side management programs. Councilmember Roy asked for a list of programs for which staff is requesting more funding from Platte River. Bigner noted Platte River has been very supportive of the City's demand side management programs. Councilmember Kottwitz stated showing customers what cost savings they could achieve with energy conservation should be a part of this program. Councilmember Manvel asked if a list of various demand side management programs used by other entities was available to determine which programs would be the most beneficial to customers. Norm Weaver, Energy Services Engineer, stated staff is currently evaluating various programs to determine the most cost effective measures. The Positive Energy program has unique opportunities for the residential sector and can be started immediately. The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Olilson, Poppaw, and Roy. Nays: none. THE MOTION CARRIED. Other Business Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to cancel the Regular City Council Meeting of June 16, 2009 because of the Colorado Municipal League Annual Conference. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, and Roy. Nays: none. THE MOTION CARRIED. Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to adjourn the meeting to 6:00 p.m. June 9, to conduct any business that might come before Council. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, and Roy. Nays: none. 210 THE MOTION CARRIED. Adjournment The meeting adjourned at 9:05 p.m. O Mayo 6ATTEST: City Clerk June 2, 2009 211