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HomeMy WebLinkAboutMINUTES-10/18/2016-RegularOctober 18, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting — 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Winkelmann • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated there were no changes to the published agenda. • CITIZEN PARTICIPATION Anthony McGlaun thanked the Councilmembers, the Coloradoan and others for their responses to his comments from the previous Council meeting and sang "We Shall Overcome." Karrin Anderson discussed human sex trafficking and announced a discussion at Timberline Church. i Michael Devereaux discussed Barrier Busters Public Transit Action Group which is an organization working to ensure equal access to public places and effective transportation for all people regardless of their disability. He spoke in support of Sunday Transfort service. David Prowell discussed the 3D printing lab at CSU and its support of local innovation efforts. He supported a budget offer expanding the lab's current services. Angela Huxell supported funding Sunday Transfort service. Stacia Ryder, Women's Commission, thanked Council for its recognition of Breast Cancer - Awareness Month and Domestic Violence Awareness Month. Jennifer Bray, Affordable Housing Board, discussed the Community Development Block Grant process and expressed support for funding Sunday Transfort service. Catherine Douras, Women's Commission, thanked Council for its Breast Cancer Awareness and Domestic Violence Awareness proclamations. Mike Pruznick requested Council hold a special meeting to consider a resolution opposing the Poudre School District bond and mill levy ballot issues. Judy Chapman, Crossroads Safehouse Executive Director of Development, thanked Council for the Domestic Violence Awareness Month proclamation. Susan Gutowsky expressed support for Poudre School District's ballot issues 3B and 3C. Casey Lipok spoke on behalf of Crossroads Safehouse and discussed the impact of domestic abuse from the perspective of a child. City of Fort Collins Page 124 October 18, 2016 Chris Johnson, Bike Fort Collins Executive Director, supported funding sustainable transportation, specifically transit and Sunday Transfort service. Will Hickey supported funding of Sunday Transfort service. Lila Hickey supported funding of Sunday Transfort service. Debra (no last name given) opposed proposed 2017 utility rate increases. Amy Myery discussed the value of Crossroads Safehouse in the community. Cheryl Distaso, Fort Collins Community Action Network, supported funding of Sunday Transfort service. • CITIZEN PARTICIPATION FOLLOW-UP Councilmember Overbeck thanked Mr. McGlaun and other citizens for speaking and commented on a listening session he had during which the importance of Sunday Transfort service for CSU students was discussed. He asked about amending budget offer 1.8 in order to fund Sunday service. Councilmember Martinez thanked the citizens who spoke, specifically the Crossroads Safehouse speakers. Councilmember Campana thanked the citizens who spoke and thanked Crossroads Safehouse for its role in the community. He discussed possible funding mechanisms for Sunday service and commented on the 3D printing lab and its innovative nature. Councilmember Stephens thanked the members of the Women's Commission who spoke and thanked Crossroads Safehouse for its role in the community. She requested an update regarding the City's actions to prevent human trafficking and noted STEM opportunities should occur throughout the community. Mayor Pro Tern Horak discussed community efforts regarding sex trafficking, noting those efforts have been ongoing. Mayor Troxell thanked the citizens who spoke and commended the efforts of the Women's Commission and Crossroads Safehouse in the community. • CONSENT CALENDAR Mayor Troxell withdrew Item No. 4, First Reading of Ordinance No. 115, 2016, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts between Funds or Projects, in order for Councilmember Campana to fecuse himself. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and approve all items not withdrawn from the Consent Agenda. City of Fort Collins Page 125 October 18, 2016 RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Consideration and Approval of the Minutes of the September 27, 2016 Adiourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the September 27, 2016 Adjourned Council" meeting. 2. Second Reading of Ordinance No. 112, 2016, Authorizing Execution of the Cribari- Gheen/Schuman Amended and Restated Deed of Conservation Easement. (Adopted) 10 This Ordinance, unanimously adopted on First Reading on October 4, 2016, authorizes the execution of the amended and restated Cribari/Gheen/Schuman conservation easement. The Cribari property was a 72 +/- acre property south of Timnath in unincorporated Larimer County that was conserved by the City with a conservation easement in 2005 with Chris Cribari. Cribari subdivided the parcel, then sold the subsequent two parcels to Ken and Deborah Gheen and Michael and Taryn Schuman. After the Gheens placed their parcel on the market, ambiguities were identified in the original conservation easement deed, including lack of clarity on residential development potential and approved land uses and activities for each parcel, in addition to a shared liability for each other's parcels. This amended and restated conservation easement has addressed and clarified all the issues presented with no net -loss to the conservation value of the parcels. 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Councils Rules of Meeting Procedures adopted in Resolution 2015-091. This Ordinance, unanimously adopted on First Reading on October 4, 2016, designates the H. W. Schroeder property located at 419 Mathews Street as a Fort Collins Landmark. The owners of this property, the Carol Johnson Trust and the John McGowan Trust, are initiating this request. 4. First Reading of Ordinance No. 116, 2016, Appropriating Unanticipated Revenue in the General Fund to Be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. (Adopted) 1, The purpose of this item is to refund the Payment in Lieu of Taxes (PILOT) for public services and facilities received from the Fort Collins Housing Authority in 2015 with respect to a HUD financed Public Housing Program that provides low income rental units. The Authority paid the City of Fort Collins PILOT of $10,906 in 2015 under a previously approved Cooperation Agreement and requests that the City return the PILOT to fund needed affordable housing related activities. The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Council has returned the PILOT payment to the Authority since 1992. City of Fort Collins Page 126 October 18, 2016 5. Regarding Vehicle Maintenance and Human Resource Services. The purpose of this item is to authorize the Mayor to execute an intergovernmental agreement with the North Front Range Metropolitan Planning Organization (MPO) for the City to provide vehicle maintenance and Human Resource services to the MPO. • END CONSENT • COUNCILMEMBER REPORTS Councilmember Overbeck reported on the Rocky Mountain City Summit and the Poudre Heritage Alliance meeting. Councilmember Martinez reported on the Kosher Bistro grand opening at Parmalee.Hall and the Kaiser Permanente event at the Innosphere. \ , Councilmember Campana thanked Council and the City for allowing him to represent the City at Vice President Biden's residence for the It's On Us campaign. He reported on the Water Collaboration Committee meeting. } Mayor Troxell reported on the 41" anniversary of Fine Print, the Community of Christ Church 100th anniversary, and a visit to a 3rd grade class at Coyote Ridge Elementary. Mayor Pro Tem Horak reported on an, open meeting Transfort held at. the Senior Center regarding moving the bus stop from the Senior Center out to Shields. Councilmember Cunniff requested staff address the issue of safe access to transit, specifically at the Senior Center. Mayor Pro Tern Horak discussed options for Senior Center transit, bus stops, and Dial -a -Ride. Councilmember Martinez announced a stop and chat session for tomorrow evening. i • CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS 6. First Reading of Ordinance No. 115, 2016, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts between Funds or Projects (Adopted on First Reading) The purpose of this Annual Budget Adjustment Ordinance is to`combine dedicated and unanticipated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2016 annual budget appropriation. The unanticipated revenue is primarily from fees, charges, rents; contributions and grants that have been paid to City departments to offset specific expenses. This item was reviewed by the Council Finance Committee'on September 30, 2016 and recommended moving forward for Council consideration. Councilmember Campana withdrew from the consideration of this item due to a conflict of interest. City of Fort Collins Page 127 October 18, 2016 Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 115, 2016, on First Reading. RESULT: ORDINANCE NO. 115, 2016, ADOPTED ON FIRST READING [6 TO 01 MOVER: Gerry Horak, District 6' SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak RECUSEDi Campana ; • DISCUSSION ITEMS 7. First Reading of Ordinance No. 117, 2016, Authorizing the Acquisition by Eminent Domain of Additional Real Property Interests Necessary to Construct Public Improvements as Part of the Prospect Road and College Avenue Intersection Improvements Project. (Adopted as Amended on First Reading) The purpose of this item is to obtain authorization from City Council to use eminent domain, if necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. This authorization is for a partial acquisition affecting 1535 Remington Street at the east end of the project. Laurie Kadrich, Planning, Development and Transportation Director, noted staff has yet to reach an agreement with the property owners at 1535 Remington for an option which would include a dual left -turn option. She stated staff remains concerned about the timeline for maximizing the efficiency of the construction project. This item, if approved, would authorize eminent domain, if necessary, on a portion of one of the residential properties and involves a choice among three design options. Dean Klingner, Engineering, discussed the three options presented by staff. Option 1 includes dual west -bound, left turn lanes from Prospect onto College, as proposed in July. This option includes a congestion benefit of 30-35% and a wider sidewalk immediately in front of 1535 Remington; however, it requires rebuilding the stucco wall and removing the large tree on the property. The necessary right-of-way is about 1700 square feet. Option 2 is a compromised dual left, which in the same storage in the dual west -bound turn lanes but with additional work to the east to reduce the impact to 1535 Remington. This option made slight changes to the design but maintains the full congestion benefit of the dual left -turn lanes; it does not impact the wall east of the driveway and does not impact the large tree and would require about 1100 square feet. Option 3 includes a single west -bound left turn lane and would not impact the wall and the tree. This option has a reduced congestion benefit and requires about 600 square feet of right-of- way. Temporary easements would be required in any of the options. The alternatives are primarily differentiated based on their congestion benefit and the sidewalk widths along 1535 Remington. Howard Senn, 1523 Remington, supported eliminating the left -turn lane onto Remington and discussed the importance of minimizing the use of eminent domain. Kevin Harper, 1535 Remington, stated there is ample reason to conclude that Option 3 constitutes the best deal. He stated a friendly acquisition is both the right and expedient thing to do. City of Fort Collins Page 128 . October 18, 2016 Anne Cleary, 1535 Remington, stated the eminent domain process has been very difficult for her family. She commended the work of staff over the last three months to arrive at a mutually - agreeable engineering plan and supported Option 3. Councilmember Cunniff noted Option 3 seems to come closer to the City's constrained arterial standard given a variety of -metrics. He asked if that interpretation is correct and what type of impact that information has on traffic and pedestrian safety. Klingner replied that interpretation is correct; however, significant final design has yet to occur. Councilmember Cunniff asked about reconciling the descriptions of the projects with the legal description in the Ordinance. Mingner replied the legal descriptions are consistent with current drawings. Rick Richter, Director of Infrastructure Services, noted the legal descriptions are intended to be the maximum extent. Councilmember Campana asked about the typical required'cross-section for an arterial versus a constrained arterial. Klingner replied the arterial section is 115 feet wide and the constrained arterial is 102 feet wide. Councilmember Campana noted the. constrained arterial removes the parkway between the curb and sidewalk and asked if it removes a bike lane. Mingner replied in the negative. Councilmember Campana asked where this' intersection falls in terms of priority to improve. Klingner replied the intersection is one of the top problem locations identified in the 2010 Arterial Intersection Prioritization Study. Councilmember Campana questioned how any option providing less than a constrained arterial standard could function. Richter replied the original proposal was a compromise from the constrained arterial standard.' Over the last few months, staff has looked at compromises that would minimize. impacts to the property. He stated Option 2 is a ix of compromises of goals for the project as a whole. Councilmember Campana commended staff work on developing a compromise. Councilmember Martinez stated he does not want to compromise safety. He asked if the intersection is now failing. Joe Olson, Traffic Engineer, replied the intersection is currently at level of service D. Councilmember Martinez asked how long it would be before the intersection was considered failing if Option 3 were selected. Olson replied any of the optionscwill allow the intersection to function at a level of service similar to today; however, Option 3 provides less benefit to the intersection than do Options 1 and 2. Councilmember Martinez stated he does not want to invest in the intersection only to find it moving towards failing more quickly. He asked if the congestion mitigation between Options 2 and 3 is a significant difference. Olson replied in the affirmative. Councilmember Martinez asked if safety would be compromised with Options limiting the cross- section size. Richter replied there is a hazard with a five-foot attached sidewalk on an arterial and he expressed concern with the combination of proposed design options. City of Fort Collins Page 129 October 18, 2016 Councilmember Martinez expressed concern regarding the impact to disabled individuals of the narrow sidewalk. He asked about the cost difference if the project were to be delayed a year. Richter replied inflation and lost opportunities to coordinate with other projects would likely mean a $500,000 cost difference. Councilmember Overbeck requested a cost estimate of Options 2 and 3. Klingner replied the two options are.within 2% of each other at this level of design. Councilmember Overbeck asked if data exists regarding vehicle versus pedestrian accidents along the Prospect corridor. Klingner replied no crashes of that type have occurred at the intersection. Councilmember Campana stated the possible 8-foot lane widths in Options 2 and 3 provide a huge safety concern. Councilmember Cunniff asked which parts of Prospect between Centre and Stover have 102 feet of available right-of-way. Klingner replied a constrained arterial would most commonly be used in a development scenario. Councilmember Cunniff asked if 8-foot lanes exist along Prospect or Mulberry. Olson replied there are stretches of Prospect with 9-foot lanes plus the gutter pan; the 8-foot sections in this case also have an additional gutter pan. Councilmember Cunniff asked how the 10% reduction in lane width would affect typical vehicle speeds. Olson replied it may not necessarily affect speed depending on the amount of traffic. Councilmember Cunniff asked if the project on the west side of College will move forward regardless of final design of this section. Richter replied the improvements would move forward and would also require interim improvements. Councilmember Cunniff noted there is a shorter distance of asphalt to cross for individuals in wheel chairs with Option 3. Councilmember Stephens asked if prohibiting the east -bound left -turn onto Remington would increase the lane width for other lanes. Klingner replied a foot or so may be able to be claimed in that case. Councilmember Campana asked what intersection level of service triggers the need to look at the area for improvements. Olson replied E is considered failing and the goal is to provide level of l service D at peak travel times. . Mayor Troxell noted intersection congestion will only increase due to redevelopment and activity in the area. Richter agreed traffic in the area will increase and stated redevelopment provides opportunities for detached sidewalks. Councilmember Stephens asked if wayfinding signs can be placed to encourage bikers and pedestrians to move to safer intersections. Mingner replied that is occurring with low -stress bike networks; however, pedestrians tend to take the shortest route to their destinations and a focus on ensuring safety exists. City of Fort Collins Page 130 October 18, 2016 Councilmember Overbeck asked what would occur if none of the three options were approved. Richter replied the project would not be able to move forward on schedule; therefore, additional costs would be incurred. Should the project not move forward at all, conditions would remain the same. Councilmember Martinez made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 117, 2016, Option 1, on First Reading. Councilmember Martinez discussed the importance of public safety, stating Option 1 is the best choice in that regard. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to amend the motion to replace Option 1 with Option 3. Councilmember Cunniff agreed safety is an important consideration but disagreed Option 3 is less safe than Option 1. He discussed the importance of protecting private property rights and opposed the use of eminent domain in these proceedings; however, he stated he would be willing to leaving the option in given a project that seems to be more aligned with what a final negotiation would have revealed. He opposed the City's standard practice with regard to eminent domain as a whole and stated staff should be given direction to at least consider closing the left turn at Remington. Councilmember Overbeck supported Option 3 and stated he would like to see the City move toward more negotiation and consultation rather than the appearance of using a heavy hand with regard to eminent domain. Councilmember Martinez requested information, regarding how frequently Council has authorized the use of eminent domain. Helen Matson, Real Estate Services, replied Council has authorized the use of eminent domain, if necessary, for 15 parcels since 2011 and the City has only gone to court over one property in the past ten years. Councilmember Martinez asked Councilmember Overbeck why he had previously supported authorizing the use of eminent domain. Councilmember Overbeck replied this instance affects the surface rights of property owners. Councilmember Stephens supported Option 2 as a compromise which would limit impacts to property owners and provide equal congestion benefits. Councilmember Martinez stated he would accept Option 2. Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to amend the amended motion to replace Option 3 with Option 2. J Mayor Pro Tem Horak discussed the compromise benefits of Option 2 noting it preserves the wall and tree at 1535 Remington while maintaining congestion benefits. Councilmember Campana stated this intersection should be improved for multi -modal uses. He stated he could not support the compromise for a tree and a wall. City of Fort Collins Page 131 October 18, 2016 Mayor Pro Tem Horak suggested the use of a public process in terms of final design regarding the left turn onto Remington. Councilmember Campana noted the removal of that left turn lane would not positively affect the intersection design in terms of space needed for the wall and tree. Klingner replied the lane could be closed to add storage to the west -bound lanes on Prospect; however, it does not solve the fundamental issue of shifting the road to the south. Councilmember Campana noted the City does not normally build an intersection only partially. Councilmember Overbeck encouraged changes in the process moving forward and stated he will not support Option 2. City Manager Atteberry stated the process will be reviewed; however, in the last 20 years, 75 actions have been approved by Council to exercise eminent domain on 367 properties. Of those, 53 were filed in the court and only 5 have gone through a resolution process. Fort Collins' process is viewed as the best practice in many cases. Mayor Pro Tem Horak stated this particular situation illustrated the City's process is good. He noted there is a difference between eminent domain on commercial and owner -occupied residential properties. Councilmember Campana noted an affirmative vote on any of the three options supports the use of the City's eminent domain process. The vote on the second amendment to replace Option 3 with Option 2 was as follows: Yeas: Troxell, Martinez, Stephens and Horak. -Nays: Campana, Cunniff and Overbeck. THE MOTION CARRIED. The vote on the first amendment to replace Option 1 with Option 2 was as follows: Yeas: Martinez, Stephens, Horak and Troxell. Nays: Cunniff, Overbeck and Campana. THE MOTION CARRIED. The vote on the main motion as amended, adopting Option 2, was as follows: Yeas: Martinez, Stephens, Horak and Troxell. Nays: Campana, Cunniff, and Overbeck. THE MOTION CARRIED. RESULT: ORDINANCE NO. 117, 2016, ADOPTED AS AMENDED ON FIRST READING [4 TO 31 MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Troxell, Horak NAYS: Overbeck, Campana, Cunniff (Secretary's Note: The Council took a brief recess at this point in the meeting.) City of Fort Collins Page 132 October 18, 2016 8. First Reading of Ordinance No. 113, 2016, Authorizing the Conveyance of a Permanent Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State University. (Adopted on First Reading) The purpose of this item is to authorize the conveyance to Colorado State University of a permanent stormwater easement on City property at the Gardens on Spring Creek. Colorado State University (CSU) needs to construct a water quality pond to handle the flows from its new, construction at CSU, including the new stadium. The Center Outfall Water Quality Pond (Pond) will be constructed on land owned by CSU, as well as on a portion of the City's property at the Gardens on Spring Creek previously identified as the location of a City Water Quality Pond in the 2013 Water Quality Master Plan. The Pond will handle flows from both entities. Jon Haukaas, Water Engineering Field Operations Manager, stated this action would convey a permanent stormwater easement to Colorado State University on property just north of Spring Creek and west of Centre Avenue. The property is part of a joint project with CSU to install a water quality pond. Haukaas discussed the design plans for the pond, stating it will be very natural looking. Additional design changes would come at the cost of water quality. Councilmember Cunniff stated there is a perception this project was necessary because of the new stadium construction. Haukaas replied the visibility of the project came about as a result of the Intergovernmental Agreement between the City and CSU; however, this was an existing need and the stadium will not add any additional runoff. He clarified staff is looking at this project as a water quality project, not a stream restoration project. Councilmember Cunniff asked if the restraints with regard to the design of the slopes and contouring interior are funding -related or site -related. Haukaas replied the design is funding - related only with respect to the need to balance the dirt on site. Councilmember Cunniff questioned whether there should have been some neighborhood park development fees collected for Lilac Park. Kurt Friesen, Park Planning and Development Director, replied there is no timeline for Lilac Park at this time as other park priorities exist. Councilmember Cunniff suggested the development of a park priorities list to help develop the process. City Manager Atteberry noted parks are sometimes developed when a leverage opportunity exists. Councilmember Campana asked when neighborhood parkland fees were first collected by the City. Friesen replied that occurred in 1983 or 1985. He noted parks are developed based on collection of fees, some of which is based on the pace of development. The park priority list is based on where development is occurring. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 113, 2016, on First Reading. Mayor Pro Tem Horak asked why this item was not discussed with the Water Board. Haukaas replied the item was discussed with the Water Board during the adoption phase in 2012 and 2013. Councilmember Campana asked how often the Water Board discusses detention or water quality projects. Haukaas replied the discussions are generally kept at the policy, or master plan level. City of Fort Collins Page 133 October 18, 2016 Councilmember Cunniff commended the additional design work on the project. Couneilmembers commented on the possibility of redesigning and improving existing water quality projects throughout the city. Mayor Troxell commended the partnership with CSU and the project as a whole. RESULT: ORDINANCE NO. 113, 2016, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 9. Resolution 2016-081 Approving the West Elizabeth Enhanced Travel Corridor Plan. (Adopted) The purpose of this item is to request Council adoption of the West Elizabeth Enhanced Travel Corridor (ETC) Plan. The West Elizabeth ETC Plan covers.the area between Overland Trail and Shields (as well as the CSU Foothills and Main Campuses) and between Mulbery and Prospect. The Plan has a special focus on addressing existing deficiencies, such as inadequate transit service for the area's demands, incomplete bike and pedestrian networks, and higher than expected numbers of crashes in certain locations, as well as accommodating needs related to future growth and development in the project area. The project has developed recommended short and long term improvements for the corridor, with the intent of improving safety and functionality for all users. Laurie Kadrich, Planning, Development and Transportation Director, introduced the item as the West Elizabeth Enhanced Corridor Plan and noted the staff team was recognized as an award recipient for the public process surrounding the Plan. The project plans for today's needs as well as the future and involves an area beyond just the Campus West corridor. Emma Belmont, Transfort Transit Planner, stated an enhanced travel corridor creates a network as defined by the Transportation Master Plan for corridors that focus on high -frequency transit, bicycling and walking. The study area for this Plan is focused on West Elizabeth Street between Overland Trail and Shields and the connection of CSU's two campuses and to downtown and midtown. A robust public engagement strategy existed throughout the process and a stakeholder committee helped guide the process from beginning to end. Belmont noted the intent and outcome of the Plan was to have minimal impact on private property and to incorporate a phased development. Amy Lewin, FC Moves Senior Transportation Planner, discussed the long-term package of improvements which include premium high -frequency transit, completing the bike and pedestrian network, new north -south crossings, as well as safety improvements for motorists. Some elements of phasing have already occurred, including transit service changes, bus stop upgrades, and an improvement to the bike/pedestrian crossing near Skyline and West Elizabeth. Lewin detailed specific aspects of the Plan and noted the process has been separate but will integrate with the design of a proposed underpass at Elizabeth and Shields. Mike Warner, stakeholder committee member, stated this is an important project for the area and the city and supported adoption of the Plan. He complimented the City on its public involvement efforts. City of Fort Collins Page 134 October 18, 2016 Eric Sutherland questioned the City's priorities given the public input supporting Sunday Transfort service. Patty Jeffries stated her neighborhood was left out of the process as shareholders. She questioned the use of business vitality performance measures given 75% of the corridor is residential. She expressed concern regarding excessive speeding in the area. Jay Henke, stakeholder committee member, commended public outreach, efforts and stated the Plan takes current land uses into account. He commended the proposed protected intersection at City Park and Elizabeth and encouraged enhanced north-south'connections. Mayor Pro Tem Horak requested staff address Ms. Jeffries' comments. Lewin addressed the cross section elements between Overland and Cypress mentioned by Ms. Jeffries and noted the proposal is smaller than the usual standard and is not using all available right-of-way. Councilmember Cunniff requested staff follow-up regarding the operational concerns, such as snow removal, and metric issues discussed by Ms. Jeffries. He asked about the intent of proposed landscaping. Lewin replied landscaping details will be finalized with appropriate departments and could include xeriscaping. Belmont noted the City will maintain this parkway as it is along an arterial and is a capital project. City Manager Atteberry stated a confirming memo will be provided. Mayor Pro Tem Horak asked if staff has met with Ms. Jeffries and other concerned citizens. Lewin replied in the affirmative and stated two appendices have been added to the Plan based on those conversations; one covers maintenance considerations and the other relates to final design considerations. Councilmember Cunniff asked how this design will affect vehicular speed. Lewin replied the Plan outlines best practices in terms of traffic calming. Councilmember Overbeck asked how the Plan's approach will aid in traffic calming. Lewin replied existing conditions include a great deal of asphalt which encourage higher speeds. The addition of curb and gutter, medians, and narrower travel lanes can help control speed. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2016-081. Mayor Pro Tem Horak discussed the changing nature of the West Elizabeth corridor. Councilmember Campana commended the Plan and public outreach efforts. Councilmember Overbeck commended the thoughtful and thorough public engagement process. Councilmember Martinez commended the design and staff effort. Councilmember Stephens commended the'Plan and stated it is needed. City of Fort Collins Poge'135 V October 18, 2016 RESULT: RESOLUTION 2016-081 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 10. Resolution 2016-082 Directing the Mayor to Submit a Letter to the United States Secretary of the Treasury Urging the Adoption of Internal Revenue Service Regulations or Other Laws to Exclude Water .Conservation Rebates Provided by Water Utilities from the Taxable Gross Income of Individuals Under the Federal Income Tax. (Adopted) The purpose of this item is to demonstrate official support for the exclusion of water conservation rebates from a residential utility customer's taxable gross income under federal tax law. Travis Storin, Accounting Director, stated this item would direct the Mayor to send a letter to the Secretary of the U.S. Treasury urging him to resolve an emerging administrative discrepancy in the United States Internal Revenue Code (IRC). Because the IRS is silent with respect to water conservation efforts,' those rebates are included as ordinary taxable income for the utility customer. Eric Sutherland questioned how many ratepayer dollars are used for these rebates and questioned why the City collects such a high sales tax on water sales to its Utilities customers compared to other water providers in the city. ��,- z� 7:t: �� or Vqo? n ;N Mayor Pro Tem Horak made a motion;.seconded by;.,Cbuncilmember Overbeck, to adopt Resolution 2016-082. A i RESULT: RESOLUTION 2016-082eADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak • OTHER BUSINESS Councilmember Campana discussed citywide water storage issues regarding Halligan Reservoir and the NISP project. He requested and received Council support to direct City staff to identify the issues and current plan for NISP so as to work toward collaborative solutions. Mayor Pro Tern Horak requested an update regarding what has been done to this point regarding NISP. Councilmember Cunniff requested a response to his inquiry regarding the email transparency program. City Manager Atteberry apologized for the delay in a response and noted the issue is not related to inhibiting transparency, but is rather related to a software and vendor relationship. Councilmember Cunniff asked about Council expenses not being placed in Open Book. City Manager Atteberry replied he would respond tomorrow and was unaware of any issues with Open Book. Councilmember Overbeck discussed the need for "trailblazing transparency." City of Fort Collins Page 136 October 18, 2016 Mayor Troxell stated Fort Collins has been designated a "runner friendly" city and is also a platinum "bike friendly" city. It is one of only two cities in the United States with both designations. Councilmember Martinez requested an update regarding how Boston and Anchorage are addressing homelessness issues. Mayor Pro Tem Horak discussed a Wall Street Journal article addressing camping bans throughout the country. • ADJOURNMENT The meeting adjourned at 10:26 PM. Mayor ATTEST: SEAL City Clerk City of Fort Collins Page 137