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HomeMy WebLinkAboutMINUTES-01/20/2015-RegularJanuary 20, 2015 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting — 6:00 PM • ROLL CALL PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak ABSENT: None Staff Present: Atteberry, Daggett, Nelson • AGENDA REVIEW: CITY MANAGER City Manager Atteberry noted Council has received a revised Resolution for Item No. 13, Resolution 2015-012 Submitting to the Registered Electors of the City an Ordinance Extending the Expiring Twenty -Five Hundredths Percent (0.25%) 'Building on Basics" Capital Projects Sales and Use Tax for a Period of Ten Years for the Purpose of Obtaining Revenue for Certain "Community Capital briprovernent Program" Capital Projects and Related Operation and Maintenance. 0 CITIZEN PARTICIPATION Kelly Ohlson encouraged the use of a formal prioritization process if overages in City funds are used for capital projects. He opposed any type of favoritism by Councilmembers in determining appropriate capital projects. Kevin Pass stated City and County air quality recommendations regarding the Martin Marietta asphalt plant were ignored by CDPHE and Martin Marietta. He stated the City should require asphalt trucks be covered when driving through town. Dolores Williams opposed the on -campus stadium and stated citizens should have the ability to vote on the proposal. Betty Aragon thanked Mr. Ohlson for his comments and noted speaking before Council can be difficult. She also thanked Councilmember Overbeck for his comments regarding gentrification. Elizabeth Hudetz thanked Council for its work and suggested the Marin Marietta asphalt plant should be relocated away from schools. Chris Cooper stated she is the English Ranch gardener and discussed a meeting held with residents opposed to the community garden in the area. She requested a meeting be held with the entire neighborhood prior to action on removing or relocating the garden. Cheryl Distaso, Fort Collins Community Action Network, discussed the Homelessness Summit to be held January 21 and in March and requested immediate solutions as a result of those discussions. She opposed ticketing homeless residents who camp in the City's Natural Areas and requested information regarding the process that is followed when homeless residents pass away in shelters. Additionally, she discussed gentrification in the Tres Colonias neighborhoods. City of Fort Collins Page 13 January 20, 2015 Mike Pruznick asked how the recently adopted Airport Master Plan protects the quality of life and property values of District 3 residents, how it protects residents from the environmental impacts of the Airport, and how the Plan protects the City's long-term needs for financial stability and control. Additionally, he discussed potential improvements for the Climate Action Plan including maximizing education and options, implementing net zero building codes and net positive capable building codes, legalizing micro -grid technology, creating sustainable City planning requirements, and using efficiency for optimization. Mr. Pruznick also opposed the on - campus stadium. • CITIZEN PARTICIPATION FOLLOW-UP Councilmember Cunniff supported Mr. Ohlson's suggestion of a prioritization process for capital projects and supported Mr. Pass' suggestion regarding requiring asphalt trucks to be covered in City limits. Additionally, he requested the release of legal information regarding what the City can and cannot do regarding the on -campus stadium: Councilmember Overbeck thanked Ms. Aragon and Ms. Distaso for speaking and requested staff follow-up regarding Ms. Distaso's concerns. He discussed a meeting he had with staff regarding gentrification, social and economic issues and displacement and encouraged Ms. Aragon and Ms. Distaso to aid in the discussion. Additionally, Councilmember Overbeck supported covering asphalt trucks in city limits. Mayor Pro Tern Horak noted requiring that trucks be covered would likely need to involve trucks carrying all materials. Additionally, he noted an email response regarding the individual who passed away at a shelter was sent this morning. He stated citizens may bring forth petition for a vote on the stadium issue and questioned what Council could do regarding the gentrification issue. City Manager Atteberry stated the team working on the gentrification issue is currently limited to City staff and is intended to be an internal working team. He stated adding citizens to that team would change the scope of the research. Councilmember Overbeck suggested community members will provide valuable input as the team branches out for feedback. Mayor Pro Tern Horak noted a meeting will be held between the City, Martin Marietta and Mr. Pass' group. Councilmember Campana noted the City has an ordinance requiring trucks to be covered which is triggered by the distance the truck travels. He stated is unsure how that applies to asphalt given its temperature. Additionally, he discussed his role in the English Ranch garden issue and stated he supports urban agriculture and community gardens but there are better locations for the garden or an orchard within the English Ranch park. • CONSENT CALENDAR City of Fort Collins Page 14 January 20, 2015 Councilmember Cunniff withdrew Item No. 7, First Reading of Ordinance No. 010, 2015, Amending Chapter 10 of the Code of the City of Fort Collins Relating to Creating a Critical Facilities Floodplain Regulation Exception for Parallel -Connected Solar and Wind Power Generation, from the Consent Calendar. Councilmember Campana withdrew Item No. 10, Resolution 2015-010 Making Appointments to Various Boards and Commissions of the City of'Fort Collins, from the Consent Calendar. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and approve all items not withdrawn from the Consent Calendar. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak N Consideration and Approval of the Minutes of the December 2, 2014 Regular Council Meeting and the December 9, 2014 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the December 2, 2014 Regular Council meeting and the December 9, 2014 Adjourned Council meeting. This Ordinance, unanimously adopted on First Reading on January 6, 2015, appropriates unbudgeted funds received through a grant for the Safe Routes to School program. The City of Fort Collins FC Moves Department has received a $15,000 grant through the Sensible Transportation and Bicycle Advocacy initiative at New Belgium Brewery for the 2015 Safe Routes to School (SRTS) program. This funding will allow the City's SRTS program (administered and staffed by FC Moves) to purchase strategic SRTS equipment for Fort Collins youth. 3. Second Reading of Ordinance No. 002, 2015, Appropriating Unanticipated Grant Revenue in the General Fund for the Fort Collins Police Services Victim Services Team. (Adopted) This Ordinance, unanimously adopted on First Reading on January 6, 2015 appropriates grant funds in the amount of $37,000 received from the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board. This grant will fund the Victim Services Team of Fort Collins Police Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family members. These funds will be used for part of the salary for the victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These funds will also pay for a portion of the operational expenses needed to provide 24-hour a day, 7-day a week services to victims of crime in the community. 4. Items Relating to Petitions and Recall Charter Amendments. (Adopted) A. Second Reading of Ordinance No. 004, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article X of the City Charter Pertaining to Initiative and Referendum. B. Second Reading of Ordinance No. 005, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article Vill, Section 4(b) of the City Charter Pertaining to the Sufficiency of a Nominating Petition. City of Fort Collins Page 15 January20, 2015 C. Second Reading of Ordinance No. 006, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IX, Section 3(c) of the City Charter Pertaining to Recall Elections. These Ordinances, unanimously adopted on First Reading on January 6, 2015, place Charter Amendments relating to petitions and recall for placement on the April 7, 2015 ballot. 5. First Reading of Ordinance No. 008, 2015, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Adaptive Recreation Opportunities Program Paralympic Sports Club. (Adopted) The purpose of this item is to appropriate $15,000 of unanticipated grant revenue in the Recreation Fund to be used for general operating support for the Adaptive Recreation Opportunities (ARO) program Paralympic Sport Club. ARO has been selected to receive a grant of $15,000 from U.S. Department of Veterans Affairs (VA) for Veterans Adaptive Sports Programs serving Disabled Veterans and disabled Members of the Armed Forces, funding cycle of October 2014- September 2015. 6. Items Relating to the North College Pedestrian Multi -Use Path Proiect. (Adopted) A. Resolution 2015-007 Authorizing the Mayor to Execute an Intergovernmental Agreement with the Colorado Department of Transportation for a Construction Grant in Support of the North College Pedestrian Multi -Use Path Project. B. First Reading of Ordinance No. 009, 2015, Appropriating Unanticipated Revenue in the Capital Projects Fund for the North College Pedestrian Multi -Use Path Project, Authorizing the Transfer of Appropriations from the Building on Basics Pedestrian Plan and American with Disabilities Improvements Project Into the North College Pedestrian Multi -Use Path Project. The purpose of this item is to authorize the Mayor to execute an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) and to appropriate federal grant and local funds into the North College Pedestrian Multi -Use Path Project. This project will design and construct pedestrian amenities along North College Avenue between the northern city limits and State Highway 1. The proposed actions will enable initiation of the project. Total project funds will be appropriated as follows: • Federal Grant Funds - $752,000 • Local Matching Funds Previously Appropriated by Urban Renewal Authority (URA) - $125,000 • Local Matching Funds to be Appropriated from Pedestrian Improvement Funds - $31,323 Resolution 2015-008 Acknowledging the Citv's Intent to Acquire the Real Property Located at 1300 Hoffman Mill Road. (Adopted) The purpose of this item is to acknowledge the City's intent to acquire the property at 1300 Hoffman Mill Road for multiple City department operations. Staff has negotiated the acquisition of approximately 24 acres near Prospect Road and Lemay Avenue to meet the needs of multiple City departments. Streets, Forestry, Utilities and Natural Areas Departments have agreed to partner and contribute funding for the acquisition. The Departments propose to jointly purchase the property in order to co -locate compatible City operations. These operations,include the continued processing and recycling of concrete and asphalt, which is the primary use of the site currently (via lease agreement), processing of project spoils for the Utilities Department, wood chipping and other materials processing for the Forestry Department, and materials storage for the Natural Areas Department. Additionally, the Natural Areas Department will control and manage approximately 6 acres of the site that is immediately adjacent to the Poudre River. City of Fort Collins Page 16 January 20, 2015 City Council approved the funding for the purchase as part of the 2015-2016 Recommended Budget (Ordinance No. 153, 2014) on November 18, 2014 and no additional authorization is required per City Code. However, due to the fact that Streets Superintendent, Larry Schneider is related to one of the ten owners (Larry's father, Elmer Schneider is a 1/10 owner), City Management felt it prudent to provide more explicit and public notice of the City's intention to acquire the property and to disclose the process and efforts that have taken place to ensure Larry Schneider is not involved in any of the decision making related to this potential acquisition. To that end, Mr. Schneider was consciously and deliberately removed from participating in any form related to the City's interest in the property. All decision making was directed by Planning, Development and Transportation (PDT) Deputy Director, Mark Jackson and operational information was .provided by (then) Streets Department Crew Chief, Neal Jaspers. 8. Resolution 2015-009 Adopting a Revised Competitive Process for the Allocation of City Financial Resources to Affordable Housing Programs/Projects and Other Community Development Activities. (Adopted) The purpose of this item is to revise the competitive process for allocating affordable housing and human service funds. The changes combine all available housing funds into one spring cycle to allow for compliance with HUD requirements, stronger competition among projects and better alignment of funds to their intended uses. An optional fall process will be retained. Minor administrative changes would also be made. • END CONSENT • CONSENT CALENDAR FOLLOW-UP City Manager Atteberry discussed Item No. 6, Items Rehiring to the North College Pedestrian Multi -Use Path Project. He stated the City was awarded a grant and by using North College Marketplace developer contributions and local matching funds, the City will be able to expand the project to provide a pedestrian connection from the City limits to State Highway I on both sides of College Avenue. Mayor Pro Tern Horak commended the safety aspects of this pedestrian connection. Mayor Weitkunat stated this will be very beneficial for North College Avenue. • STAFF REPORTS Wendy Williams, Assistant City Manager, stated Tracy Ochsner has recently been recognized by Green Fleet as a Sustainabitity All -Star. Ochsner stated this award is the result of the work of many people in the organization and commended Council, the Executive Management Team, and staff members. He discussed the City's compressed natural gas and electric vehicle fleet, recycling and reuse efforts, and fleet sustainability efforts. City Manager Atteberry commended Ochsner on his leadership and contributions to the.City. • COUNCILMEMBER REPORTS Councilmember Overbeck reported on the Poudre Heritage Alliance Board meeting noting the City of Fort Collins Page 17 January 20, 2015 organization is partnering with CSU and others to host a Poudre Runs Through It forum on January 31. Additionally, he reported on his speech before the Governor's Blue Ribbon Commission regarding oil and gas and discussed a Coloradoan article on the rare American Woodcock finding refuge in the City's Natural Areas. Councilmember Troxell reported on the Elderhaus Adult Programs prom night. Mayor Weitkunat reported on the City's first Social Sustainability showcase of the projects it supports. • CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS 9. First Reading of Ordinance No. 010, 2015, Amending Chapter 10 of the Code of the City of Fort Collins Relating to Creating a Critical Facilities Floodplain Regulation Exception for Parallel -Connected Solar and Wind Power Generation. (Adopted on First Reading) The purpose of this item is to provide an exception to the critical facilities floodplain regulation for --'parallel-connected solar and wind power generation." This would allow solar and wind power generating stations that are also connected to the grid to be located in the floodplain and not prohibited under the critical facilities regulation of Chapter 10 of City Code. Councilmember Cunniff expressed concern with the determination of no environmental or public safety impact as well as the inclusion of a blanket exemption. Marsha Hilmes-Robinson, Water Utilities, stated this Ordinance would provide an exception to the critical facilities regulation and the definition of critical facilities, specifically related to allowing parallel -connected solar and wind power generation facilities in the floodplain if they are connected to the grid'. Councilmember Cunniff discussed his concerns relating to the blanket determination that any such solar or wind facility would not be environmentally impactful and asked why other technologies were not included. Norm Weaver, Senior Energy Services Engineer, replied it is more accurate to characterize this item as removing a blanket exclusion rather than providing a blanket exception. He stated this would allow such facilities to be considered and go through the normal land use and flood permitting processes. Councilmember Overbeck asked why this item was only presented to the Water Board and not others. Ken Sampley, Water Utilities Engineering Mariager, replied the item was presented before the Water Board but noted the Natural Resources Advisory Board has been involved ,in property purchase considerations. Councilmember Overbeck stated other boards should have considered the topic in order to allow for a better process. Councilmember Troxell noted this topic is about distributed energy resources and asked about the intended focus being the generating device. Weaver replied projects with or without storage that are based on clean energy technologies and renewable technologies can at least be considered to be located in some of these undeveloped locations which can tend to be in floodplain areas. Additionally, he noted thermochemical types of systems are likely to remain excluded and stated the review process will ensure any facilities located in the floodplain designed to withstand the location. City of Fort Collins Page 18 January 20, 2015 Councilmember Cunniff asked if design standards exist for these facilities to ensure they are not uniquely vulnerable nor will negatively impact downstream flows in the event of a catastrophic flood.. Hilmes-Robinson replied those standards do exist and would be fully in place even with this exception. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 010, 2015, on First Reading. Mayor Pro Tem Horak supported the motion as any facility would need to go through proper land use approvals. Councilmember Cunniff stated he would be more comfortable with the inclusion of a clause directing the City to reevaluate the policy and critical facilities definition after some future date. Councilmember Troxell noted an important part of the Ordinance is the parallel connectivity and redundant power. Mayor Weitkunat noted any facility would still need to go through the review process and meet floodplain regulations. Mayor Pro Tem Horak suggested research be done regarding FEMA requirements for reviewing critical facilities prior to Second Reading. RESULT: ORDINANCE NO. 010, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 10. Resolution 2015-010 Making Appointments to Various Boards and Commissions of the City of Fort Collins. (Adopted) The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards and commissions, due to resignations and the expiration of terms of current members. Applications have been solicited since September. Council teams interviewed applicants during November, December and January. This Resolution appoints individuals to fill current vacancies and expiring terms. Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Resolution 010-2015. RESULT: RESOLUTION 2015-010 ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Lisa Poppaw, District 2 AYES: Weitkunat, Overbeck, Poppaw, Troxell, Cunniff, Horak RECUSED: Campana • DISCUSSION ITEMS City of Fort Collins Page 19 J January 20, 2015 11. Second Reading of Ordinance No. 007, 2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Capstone Cottages Rezoning. (Adopted on Second Reading) This Ordinance, adopted on First Reading on January 6, 2015, by a vote of 4-3 (Nays: Cunniff, Overbeck, Poppaw) rezones approximately 12.7 acres of land northeast of the Lincoln Avenue/Lemay Avenue intersection from the Industrial district (I) to the Medium Density Mixed Use Neighborhood district (M-M-N) and rezones the abutting 0.070 acres of land from the M-M-N to the Industrial District. The requests are based on the Applicant's proposal to develop a student oriented single-family residential project; the Project Development Plan for the proposed project is in the process of being reviewed by staff as part of a separate application. Betty Aragon expressed concern relating to the traffic impacts, of this rezoning on Lemay Avenue. Cheryl Distaso opposed the rezoning given concerns related to traffic impacts. Jerry Gavaldon expressed concern relating to the traffic impacts of this rezoning. Linda Ripley stated the area already has approximately 14 acres of land zoned for concentrated housing; however, that amount is not enough to create an area of concentrated housing as well as contribute to the street and road improvements envisioned by the Master Street Plan. She acknowledged citizen concerns but noted this project would provide an alternative entrance and exit for the neighborhood. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 007, 2015, on Second Reading. Mayor Pro Tem Horak noted this is simply a rezoning and does not deal specifically with streets and traffic. RESULT: ORDINANCE NO. 007, 2015, ADOPTED ON SECOND READING [4 TO 31 MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Campana, Troxell, Horak NAYS: Overbeck, Poppaw, Cunniff 12. Resolution 2015-011 Naming an Arterial Street in the Northeast Fort Collins Area and Revising the List of Names for Arterial and Collector Streets. (Adopted) The purpose of this item is to select a name for a new arterial street in northeast Fort Collins and to update the existing List of Names for Arterial and Collector Streets by removing one recently selected name (Cherryhurst) and adding two additional names (Joe Armijo and Stephen J. Roy). Ryan Mounce, City Planner, stated the street in question is located 1/4 mile north of Vine Drive between College Avenue and Timberline Road and will be completed in segments as development occurs. He noted staff is recommending the renaming of Pinon Street to match the selection of the street in question and stated staff is recommending the name Suniga Road in honor of Lee Suniga. Additionally, Mounce stated this item would revise the City's list of arterial and collector street names to remove Cherryhurst and add Joe Armijo and Stephen J. Roy. City of Fort Collins Page 20 January 20, 2015 Betty Aragon supported the Suniga Road name and discussed Lee Suniga's contributions to the community. Cheryl Distaso, Fort Collins Community Action Network, supported the Suniga Road name. Ray Martinez supported the Suniga Road name and discussed Lee Suniga's contributions to the community. Jerry Gavaldon supported the Suniga Road name and discussed Lee Suniga's contributions to the community. Dione Perez, Lee Suniga's granddaughter, supported the Suniga Road name and expressed appreciation for Council's consideration in honoring Lee Suniga. Mayor Pro Tent Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution 2015-01 I. Mayor Weitkunat expressed appreciation for the citizens who spoke and supported the proposed street name and its recognition of important community members. Councilmember Troxell supported the proposed street name and thanked those who spoke. He suggested a possible evaluation of the street naming process in order to provide more robust, name choices and encouraged a more intentional public and Boards and Commissions outreach process. Councilmember Overbeck thanked those who spoke and supported the proposed street name. Mayor Pro Tem Horak supported the proposed street name and supported Councilmember Troxell's suggestions. RESULT: RESOLUTION 2015-011 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 13. The purpose of the item is to set the ballot language and refer the Community Capital Improvement Program tax extension to the April 7, 2015 election. The renewal of the N-cent sales and use tax will result in $7.4 million in revenue available per year for designated capital improvement projects. The program is currently set to expire December 31, 2015. The term of the renewal is January 1, 2016- December 31, 2025. The recommended project list is below: Pedestrian Sidewalk/ADA Compliance - Safe Routes to Everywhere Bicycle Infrastructure Improvements - Safe Routes to Everywhere City of Fort Collins Page 21 January 20, 2015 • Bus Stop Improvements - Safe Routes to Everywhere • Downtown Poudre River Enhancements and Kayak Park • Bike/Ped Grade Separated Crossings Fund • Transfort Bus Fleet Replacement • Arterial Intersection Improvements Fund • Implementing Nature in the City • Gardens on Spring Creek Visitor's Center Expansion • Southeast Community Center with Outdoor Pool • Affordable Housing Fund • Lincoln Avenue Improvements Design & Construction (From 1st Street to LemayAvenue) • . City Park Train • Renovation of the Historic Carnegie Building • Linden Street Renovations Design & Construction • Club Tico Renovation • Willow Street Renovations Design & Construction The Resolution includes $75 million in project costs, $2.6 million for five years of operation and maintenance (O & M), and $5.3 million for inflation. Staff has recommend five years of O&M to give projects at least two budget cycles to determine how to best fund the ongoing O&M costs while trying to maximize project dollars. Councilmember Poppaw withdrew from the discussion of this item due to a conflict of interest. City Manager Atteberry discussed the evolution of this proposal and stated Fort Collins has been using a dedicated capital improvement tax since the early 1970s. He noted this would be the continuation of a tax that is set to sunset at the end of 2015. Additionally, City Manager Atteberry stated staff will be bringing an appropriation ordinance before Council on February 3 to fund Lincoln neighborhood improvements. Ginny Sawyer, Policy and Project Manager, discussed the tax and its revised projection of providing $83 million over the 2016-2025 time period. She discussed the projects that have been funded by this dedicated tax over the past 42 years and discussed the process of developing the proposed project list for the continuation of the tax. This package would be placed on the April 7 ballot should it be referred by Council. She detailed the proposed project package, including operation and maintenance funding. Kevin Jones, Fort Collins Area Chamber of Commerce, encouraged the funding of transportation infrastructure as being a key element of the City's quality of life, safety, and economic viability. Additionally, he supported cultural amenities and recreational opportunities and supported the proposed package as being attractive to residents and business people. Rick Price stated the Lincoln Avenue bridge is an impediment to bicycling in the community and suggested its repair should be a priority. He discussed the means in which priorities could be addressed. Cliff Buchholz supported the Lincoln Avenue improvements. Mike Pruznick asked about possible capital expenditures related to the on -campus stadium and why those expenses are not included on the list. He stated he would oppose the current package. Dale Mantay supported the 'Building on Basics 2.0' package. Cheryl Distaso opposed the inclusion of the Lincoln Avenue improvements in the package. City of Fort Collins Page 22 January 20, 2015 Bevin Parker, Downtown Development Authority Board of Directors, supported the proposed project list as strengthening the community. Betty Aragon opposed the inclusion of the Lincoln Avenue improvements in the package. While she agreed the roadway needs improvements, she encouraged additional consideration. Lynn O'Dell supported the inclusion of the Lincoln Avenue improvements in the package. Jane Haack-DeBroux thanked Council for its service and stated driving in the Lincoln Avenue area is atrocious. She supported the improvements as providing good infrastructure for growth. Jerry Gavaldon opposed the inclusion of the Lincoln Avenue improvements, the City Park train, and the southeast center as not benefiting most citizens. Tim Johnson supported additional funding for intersection improvements and stated this package does not build on basics. Rich Shannon supported the proposed package as including something for everyone and supported its placement on the April ballot. (Secretary's note: The Council took a brief recess at this point in the meeting.) Councilmember Campana discussed his requests regarding the Lincoln Corridor. Rick Richter, Engineering, showed photos of the existing condition of Lincoln Avenue noting the bridge is functionally obsolete. Additionally, he showed slides of the proposed improvements for the roadway and discussed the current standards for arterial roadways. Councilmember Campana asked if the Bicycle Master Plan and the Lincoln Corridor Plan are aligned. Richter replied in the affirmative and noted a central piece of the Bicycle Master Plan involves buffered bike lanes, as included in the Lincoln Corridor Plan. Councilmember Campana asked if additional cost would result should the bridge replacement be separated out from the remainder of the improvements. Richter replied building the bridge alone would require the need for width transitions between the existing roadway and the new bridge. Councilmember Campana discussed the objectives of the previously approved Lincoln Corridor Plan and that the means of funding is an important discussion. He asked what is left after subtracting any subsequent appropriations from the total tax revenue for 2014. Mike Beckstead, Chief Financial Officer, replied final numbers will be available in March; however, there is $17 million in additional sales and use tax revenue and a significant piece of that was used in the 2015-2016 budget. He stated approximately $3.7 million was unused as of the December finance review and about $1.5 million of that was assigned at that meeting. Additionally, Beckstead expressed confidence that the Lincoln improvements could be funded separately from the BOB 2.0 package. Mayor Pro Tem Horak requested an estimate for improving Lincoln Avenue from First Street to the ramp up to the bridge. Richter replied that cost is estimated to be $6 million. Councilmember Campana asked why operations and maintenance funding was included at five years. Sawyer replied the five year figure maximizes capital dollars while still providing at least City of Fort Collins Page 23 January 20, 2015 two budget cycles for operations and maintenance to be included in budgets. Additionally, it will prevent tying up any dollars that come in from the dedicated tax up to five, six, or seven years after the tax expires. City Manager Atteberry noted that recommendation has recently changed from four years to five years.. Councilmember Campana made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2015-012, as amended to remove the Lincoln Avenue improvements. Councilmember Campana stated he will be requesting an appropriation from the remaining 2014'. revenues and revenues from 2015 and 2016 to fund the basic Lincoln Avenue improvements and Tres Colonias neighborhood improvements. Mayor Pro Tem Horak requested clarification regarding the Resolution amendments. Interim City Attorney Daggett replied the only change since the published agenda was the dollar amount for Lincoln Avenue improvements. Councilmember Campana noted the removal of the Lincoln Avenue improvements, will leave room for the inclusion of additional projects. Mayor Pro Tem Horak suggested the inclusion of the Lincoln Avenue bridge improvements in the BOB 2.0 package and discussed the legacy aspects of the package. Mayor Pro Tem Horak made a motion to amend, seconded by Councilmember Troxell, to add the Lincoln Avenue bridge improvement project to the package. Councilmember Cunniff asked if the replacement of the bridge is eligible for grants. Richter replied the majority of grants require a sufficiency rating of 50 and below and this bridge is not yet at that point. Mayor Pro Tem Horak discussed the importance of the Lincoln Avenue bridge replacement in terms of connectivity for the corridor and safety. (Secretary's note: Staff prepared copies of the proposed Resolution language for distribution at this point in the meeting.) Interim City Attorney, Daggett discussed the Resolution language options and suggested wording for the inclusion of the Lincoln Avenue bridge amendment at a cost of $5.3 million. Councilmember Cunniff asked if the bridge is included in the operations and maintenance estimate. Richter replied operations and maintenance costs are only calculated for the items that are over and above the normal maintenance. Councilmember Cunniff opposed the amendment based on concerns relating to the fiscal aspect of building the bridge with a reduced opportunity for receiving grants. Mayor Pro Tem Horak argued the inclusion of the project in the package does not preclude the receipt of grants. Mayor Weitkunat noted having plans in place often enhances grant opportunities. City of Fort Collins Page 24 January 20, 2015 Councilmember Troxell stated he would support the amendment as it keeps in the spirit of the intent of the capital improvement projects list. Councilmember Overbeck stated he would have liked additional public process regarding the bridge funding and stated he would not support the motion. The vote on the amendment was as follows: Yeas: Troxell, Horak, Weitkunat and Campana. Nays: Overbeck and Cunniff. THE MOTION CARRIED. Councilmember Cunniff stated the proposed package seems compromised and stated he would not support placing the item before voters in April but could support a November ballot issue. Additionally, he expressed concern regarding the inclusion of the kayak language and the failure to provide six years of operations and maintenance funding. He also expressed concern the 3% inflation factor is too low. Councilmember Troxell stated he would support the motion and commended the community projects the package will fund. Councilmember Overbeck discussed the Carnegie Building remodel and stated additional public process should occur. Councilmember Campana stated he would support the motion and commended the list of projects as being deeply aligned with City needs and desires. Mayor Pro Tem Horak commended the project list and capital improvement aspects of the package and stated it takes work to ensure a package is supported by both Council and the community. Mayor Weitkunat discussed the importance of looking at the future and the community vision and stated this package will protect and build on what exists. She commended the projects in the package. Councilmember Overbeck noted he was more supportive of Club Tico renovation funding than the Carnegie Building and opposed specifically the Carnegie Building planned furniture expenditure as being an irresponsible use of taxpayer dollars. RESULT: RESOLUTION 2015-012 ADOPTED AS AMENDED [4 TO 21 MOVER: Gino Campana, District 3 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Campana, Troxell, Horak NAYS: Overbeck, Cunniff RECUSED: Poppaw Councilmember Campana asked about having further discussion regarding funding the Lincoln improvements from Lemay to First Street. Interim City Attorney Daggett recommended having the discussion during Other Business. City of Fort Collins Page 25 January 20, 2015 14. (Adopted) The purpose of the item is to set the ballot language and refer the Street Maintenance Program tax renewal to the April7, 2015 election. City Manager Atteberry noted this Resolution would submit to the voters a continuation of the cent street maintenance tax which will expire at the end of 2015. Mark Jackson, Planning, Development, and Transportation Services Deputy Director, discussed the importance of street maintenance throughout the city and noted the City's goal remains keeping roadways at a higher level of service as allowing the roadways to deteriorate becomes exponentially more expensive, than continual, maintenance. Additionally, Jackson noted maintenance materials and labor costs increase as does the number of street miles and miles travelled. He discussed the City's history of funding street maintenance with this dedicated tax revenue, which provides approximately 43% of the program's revenues. Jackson discussed the public process regarding this tax, which followed the same path as that of the capital projects package and noted this tax provides benefits to the entire community, both from a residential and arterial standpoint. Mike Pruznick stated he cannot support a tax that will free up General Fund and reserve money for the on -campus stadium. He suggested placement of an item on the ballot regarding funding the stadium, including an option to ensure it is funded entirely by CSU. Nancy York supported maintaining the city's existing infrastructure and urged future planning to discourage single vehicle use. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution 2015-013. Councilmember Cunniff suggested referring a smaller tax amount with the difference coming from other revenue diversification options such as a transportation fee based on trip generation impacts. Councilmember Cunniff made a motion to amend, seconded by Councilmember Overbeck, to extend a reduced tax of 0.125% for the street maintenance program for a period of ten years. Councilmember Cunniff stated this would provide additional incentive for developing revenue diversification options. Councilmember Troxell supported revenue diversification; however, he stated this amendment would make support for street maintenance less clear. Councilmember Campana opposed the amendment; however, he agreed evaluating revenue diversification should be a goal for the future. Councilmember Poppaw stated this is an excellent opportunity to diversify the City's revenue streams and stated she would support the amendment. City of Fort Collins Page 26 January 20, 2015 Mayor Pro Tern Horak opposed the amendment stating cutting half the funding with no clear options for the remainder is a poor strategy. He supported the possibility of phasing other revenue sources in the future. Mayor Weitkunat stated she would not support the amendment and took exception to the possibility of making such an amendment of at item that has been vetted through the public process for many years. She agreed a revenue diversification discussion should occur; however, she disagreed this was the appropriate time. The vote on the motion to amend was as follows: Yeas: Cunniff, Overbeck and Poppaw. Nays: Troxell, Horak, Weitkunat and Campana. THE MOTION FAILED. Councilmember Cunniff argued this is the appropriate timing for discussing revenue diversification. I Mayor Weitkunat noted many studies and discussions have been held resulting in no options. Councilmember Poppaw argued this is the first time a Councilmember has presented an opportunity'to investigate revenue diversification and supported the possibility of phasing as suggested by Mayor Pro Tem Horak. Mayor Pro Tent Horak noted the City has nothing to do with stadium funding, simply with public structural improvements, mitigation for which has been rolled into the cost of the stadium. He commended staff and expressed support for the tax continuation. RESULT: RESOLUTION 2015-013 ADOPTED [5 TO 2] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Poppaw, Campana, Troxell, Horak NAYS: Overbeck, Cunniff 15. the Definition of "Service Area". (Adopted on First Reading) The purpose of this item is to propose an amendment to the City Charter definition of "Service Area" that, if approved by voters, would correct the Charter definition of "Service Area" to conform to other Charter references providing that City Council shall designate Service Areas via ordinance. Janet Miller, Human Resources, stated this item deals with the City Charter definition of Service Area and would align language inconsistencies. The proposed ballot language would define a Service Area as a City administrative unit designated as a Service Area by Council adopted Ordinance. Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 011, 2015, on First Reading. City of Fort Collins Page 27 January 20, 2015 RESULT: ORDINANCE No. 011, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Lisa Poppaw, District 2 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 16. nTO The purpose of this item is to amend City Code to update and expand the on -bill financing pilot program per the recommendations reviewed by Council at the October 28, 2014 work session and subsequent November 17, 2014 Finance Committee meeting. The objective of the On -Bill Financing pilot program (also known as the Home Efficiency Loan Program) is to provide residential utility customers with low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements to support the outcomes adopted in City of Fort Collins policies and plans, such as the Climate Action Plan, Energy Policy and Water Conservation Plan. The City Code revisions adjust interest rate and fee language and add on -bill financing sections for small business customers. An update on the administrative elements of the program is provided. Kevin Gettig, Utilities Services Executive Director, stated this item would amend the City Code to update and expand the on -bill financing program per Council recommendation. The on -bill financing pilot program, or Home Efficiency Loan Program, would provide residential customers with low-cost financing for energy efficiency, solar PV and water conservation. John Phelan, Energy Services Manager, discussed the history of the Home Efficiency Loan Program and the existing loan term options and detailed the proposed changes to the Program. Eric Sutherland stated the City's proposal does not include necessary key components which are part of the best thinking on the topic. This proposal does not address issues with individuals who lack access to credit. Mike Pruznick asked how much of the $800,000 fund is in circulation currently, why individuals are not using this program to fund solar systems, and whether or not interest rates are fixed. He supports the program changes; however, he does not support the rental market aspect and encouraged looking at other solutions to boost home ownership. Fred Kirsch, Community for Sustainable Energy, supported the Program as a step in the correct direction. He supported twenty-year terms extended to renters as well as home owners. Kevin Cross, Fort Collins Sustainability Group, supported the increase of the maximum loan term to twenty years and supported reducing the first year interest rate to 2.5% and set in subsequent years to the amount needed to cover delinquent program debt only. Doug Henderson supported the on -bill financing program initiative, stating it provides practical incentives to encourage energy efficiency. James Mitchell supported the on -bill financing program initiative and supported the 2.5% rate with a twenty-year loan term. Nancy York supported the on -bill financing program; however, she opposed the proposed interest rates as being too high. - City of Fort Collins Page 28 January 20, 2015 Mayor Weitkunat requested staff responses to Mr. Pruznick's questions. Phelan replied approximately $160,000 of the fund's $800,000 has been loaned, some of which are currently being paid back. He stated the interest rate is fixed for the life of the loan at the time the loan is closed and noted staff is proposing a 4% interest rate for the life of the loans initiated in 2015. Mayor Weitkunat asked about the specific fee numbers in the Ordinance. Interim City Attorney Daggett replied language has been added to the Code stating the interest rate will be set in the Financial Officer's administrative rules based on the City's cost of capital minus 100 to 200 basis points in order to eliminate specific references to dollar amounts related to the loan program. Additionally, the Code states the Financial Officer will set process fees and direct charges based on cost. Councilmember Overbeck asked about the benchmarks being used for the 4% interest rate. Mike Beckstead, Chief Financial Officer, stated this rate was developed prior to rates dropping within the last two months. Additionally, borrowing for the use of this fund would be taxable for the City which carries a 200 point basis premium above tax-exempt rates. Councilmember Overbeck asked if a situation exists in which the 4% number could be dropped to 2.5%. Beckstead replied data does not indicate a very low rate creates a successful program and noted external financing will be required to support funding the Climate Action Plan goals. Councilmember Overbeck suggested the possibility of splitting the fund in half with half being available under the suggested terms and half being available with a lower rate and longer term. Mayor Pro Tem Horak requested information regarding the cost to the City of changing the rate from 4% to 2.5% for the $800,000 fund. Beckstead replied the differential is nominal. Mayor Pro Tem Horak asked what would be necessary should Council wish to change the rate and term. Interim City Attorney Daggett recommended Ordinance language amendments. Councilmember Campana requested additional information regarding the rental aspect of the program. Phelan replied the current proposal does not address the rental aspect at this point; however, staff will return later in 2015 with suggestions for a tenant billing component. The initial thoughts involve owner -initiated projects to be funded on the current tenant's utility bill. The current and future tenants would be notified of the charges as part of the lease. Additionally, Phelan stated business customers would work similarly. Councilmember Campana requested information as to what recourse a tenant would have should their lease not disclose a loan. Phelan replied staff is examining best practices; however, the owner is ultimately responsible for all utility bill charges. Mayor Weitkunat requested data on the average length of time tenants rent homes. Phelan replied the intent of the transferability component is to ensure future tenants pay the charges and by improving the building stock, a net savings will be provided over time. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to tadopt Ordinance No. 012, 2015, on First Reading, as amended to add the twenty-year term. Mayor Pro Tem Horak requested an option for the 2.5% interest rate prior to Second Reading. City of Fort Collins Page 29 January 20, 2015 Councilmember Cunniff noted the loan calculator is an available tool for citizens and asked about the possibility of technical assistance being available for individuals to fine-tune desired projects to maximize the possibility they will see a savings on their bill. Phelan replied technical assistance is currently available through staff and the energy -advising function of the City's Efficiency Works Home Program. He noted bill neutrality will be required for rental or lease situations. Councilmember Troxell commended staff work on the item. Mayor Weitkunat stated she would support the item; however, she expressed concern relating to the twenty year commitment and increasing the City's risk in carrying loans. RESULT: ORDINANCE NO. 012, 2015, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 0 CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS • OTHER BUSINESS Councilmember Campana requested and received Council support for staff to return with an Ordinance on February 3 regarding the Tres Colonias neighborhood improvements and Lincoln corridor improvements. Councilmember Cunniff requested a list of the funding sources and various subcomponents of the Lincoln Avenue project in preparation for the February discussion. Additionally, he requested information regarding what legal information can be released regarding the City's authority with respect to the stadium. • ADJOURNMENT The meeting adjourned at 10:30 PM. • 5i` i fir. ATTEST: " O� ...RT•C Of SEAS. City Clerk City of Fort Collins Page 30