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HomeMy WebLinkAboutMINUTES-12/04/2018-RegularDecember 4, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting — 0:00 PM ® ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron City Manager Atteberry stated Item No. 10, Items Relating to the Adoption and Amendment of the International Codes Relating to Buildings and Building Regulations, will be moved to the Discussion Agenda. Mayor Troxell noted Item Nos. 13, Public Hearing and First Reading of Ordinance No. 159, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Adopt a New Fort Collins Stormwater Criteria Manual and Making Various Related Changes, and 18, Items Relating to Transfer of a Portion of the Platte River Power Authority (Platte River) Fiber Optic Network to the City of Fort Collins and Authorizing_ a New Franchise for Platte River Fiber, are public hearings. Mayor Troxell noted interpretation services are available for the meeting. Y PUBLIC COMMENT David Root, Homeward Alliance Executive Director, thanked Council for its proclamation recognizing Homeless Awareness Day and announced related events. He thanked Council for its recent decision to fund an expansion of the Murphy Center's hours during cold months. Adam Eggleston, Fort Collins Board of Realtors Government Affairs Committee, stated the Board is opposed to any outdoor or backyard firepit restrictions, regulations, or ban. He stated existing regulations can address any potential issues. Mike Pruznick discussed the process of putting solar panels on his home. Fernando Leyba, Hickory Village resident, requested a turn signal to enter his neighborhood from the northbound direction of College Avenue. He stated the median landscaping blocks views of oncoming traffic. Luke McFetridge, Midtown Business Improvement District President, thanked Council for its .support of the midtown area.. Peggy Wilson, Wilson Machiningi requested a turn signal for the intersection of College and Hickory, citing safety concerns.. Ann Lance, Teaching Tree Executive Director, thanked Council for approving the 424 Pine Street lease on First Reading and discussed the services provided by Teaching Tree. City of Fort Collins Page 436 December 4, 2018 Eric Sutherland discussed Item No. 17, Items Relating to Land Dedication and Payment in Lieu Fee Agreements with Thompson and Poudre School Districts, and stated Poudre School District is overpaying for land in Wellington and is making mistakes with tax funds. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments. Laurie Kadrich, Planning, Development, and Transportation Director, stated the Traffic Engineers made a cursory review of the Hickory and College- intersection and staff agrees with citizens regarding the landscaping concerns; however, the area does not currently have the type of accident history that would lend itself to a left turn signal. She stated staff will continue to look at the area and reach out to neighbors. Mayor Pro Tem Horak stated there are sight line issues along the entire corridor and requested staff provide information on the Hickory issue, as well as the median concerns. Councilmember Cunniff requested a staff evaluation of traffic, light timing on Willox and Conifer to ensure a more reliable timing gap for traffic going to and from Hickory. Councilmember Martinez requested accident rates and Mayor Pro Tern Horak requested to be present at any meeting with staff and residents. ® CONSENT CALENDAR Councilmember Martinez withdrew Item Nos. 15, Items Relating to 2019 City Impact Fee Updates, 16, Items Relating to the Jefferson Street Improvements Project, and 23, Resolution 2018- 120 Appointing a Councilmember to the Larimer County Behavioral Health Policy Council, from the Consent Agenda. Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry H6rak, District 6 SECONDER: Bob Overbeck, District S: AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff Horak 2. Second Readinq of Ordinance No. 138, 2018, Appropriating Unanticipated Revenue in the Light and Power Fund for Purchased Power Expenses. (Adopted) This Ordinance, unanimously adopted on First Reading on November 20, 2018, appropriates unanticipated revenue in the Light and Power Fund to offset higher purchased power expenses experienced in 2018. The Light and Power Fund realized $2.8M of unanticipated revenues in 2018, while purchased power expenses for 2018 have been $2.9M higher than what was budgeted for this expense. Because purchased power expenses represent 70-72% of all expenses, this appropriation is necessary to ensure the Enterprise Fund remains under budget for the year. City of Fort Collins Page 437 3. December 4, 2018 This Ordinance, unanimously adopted on First Reading on November 20, 2018, appropriates reserves and unanticipated revenue for operation of the Northern Colorado Drug Task Force (NCDTF). Management and fiduciary responsibilities for the NCDTF have been transferred from Fort Collins Police Services to the Larimer County Sheriffs Office. The change in management and fiduciary responsibilities requires appropriation of reserves to be transferred to the Larimer County Sheriffs Office (LCSO) and appropriation of unanticipated revenue from LCSO to Fort Collins Police Services for the operations of the NCDTF. 4. Second Reading of Ordinance No.140, 201 B. Appropriating Prior Year Reserves in the General Fund to_Reimburse.Woodward: Inc.: for:Development.Fees and -Use Tax. (Adopted) This Ordinance, unanimously adopted on First Reading on November 20, 2018, appropriates $64, 479 of prior year reserves for a rebate to Woodward, Inc., for development fees and use tax under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). 5. Second Reading of Ordinance No. 141. 2018, Amending Sections 3.8.1 and 5.1.2 of the Land Use Code Sign Regulations. (Adopted) This Ordinance, unanimously adopted on First Reading on November 20, 2018, updates the Land Use Code (LUC), specifically the sign section, to improve overall legibility, address common requests, implement action items from the adopted Downtown Plan, and providestandards for new technology. 6. Second Reading of Ordinance- No._142.-2018. Authorizing the Lease of City -Owned Proaerty at 424 Pine Street for Up to 40 Years. (Adopted) 7. This Ordinance, unanimously adopted on First Reading on November 20, 2018 obtains authorization from City Council to lease City -owned property to a nonprofit corporation, United Daycare Center dba Teaching Tree Early Childhood Learning Center, at a less -than -market lease rate of $600 per year for a period of up to 40 years. The initial term is for 20 years, followed by the option for 4 additional 5-year terms at the City's discretion. The purpose of this item is to appropriate Transportation funds that have been received for work for other City departments and outside entities. The original budgeted amount was based upon current known project scope which has increased over the course of the year. Revenues have been or will be received for work completed; this appropriation of $750,000 is required to keep the Transportation fund within budget. 8. First Reading of Ordinance No. 146, 2018, Adopting the.2019 Classified -Employee Pay Plan. (Adopted) — The purpose of this item is to recommend the 2019 City Classified Employee Pay Plan. Classified jobs are grouped according to job functions, a business practice commonly used by both the public and private sectors. Pay ranges are developed by career group (management, professional, administrative, operations and trades) and level for each job function. The result of this work is a City Classified Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges for the levels within each career group and function. Actual employee pay increases are awarded through a separate administrative process in accordance with the budgeted amount approved by Council. City of Fort Collins Page 438 10. December 4, 2018 First Reading of Ordinance No. 147, 2018, Adoptina the. 2019 Larimer County Regional Transportation Capital Expansion Fee Schedule. (Adopted) The purpose of this item is to adopt the 2019 Larimer County Regional Transportation Capital Expansion Fee Schedule (Regional Road Fee) as determined by the Intergovernmental Agreement with Larimer County. (Adopted) The purpose of this item is to approve an Airport land lease agreement between the Cities of Fort Collins and Loveland and Discovery Air LLC. Staff from the Airport and the Cities have negotiated a fifty-year lease with Discovery Air, LLC for the development of vacant Airport property. The proposed development will include corporate aircraft hangar facilities and associated office space, a new fixed - base aircraft service operation, and a restaurant. Due to the complexity and unique provisions of the Lease, the Northern Colorado Regional Airport Commission is not authorized to approve and sign the Lease; rather, the two Cities must each approve the Lease in accordance with their respective Municipal Codes and Charters. 11. First Reading of Ordinance No.157, 2018, Amending Chapter 3, Articles 1,11, and III, and Chapter 12, Article III of the Code of the City of Fort Collins Regulating Alcohol to Align Alcohol Code Statutory -References with State Law. (Adopted) 12.- The purpose of this item is to amend City Code provisions related to alcohol to align with state law. The purpose of this item is to amend the City Code provisions related to marijuana businesses to align with state law. 13. Public Hearing and First Reading of Ordinance No.159, 2018, Amendino Chapter 26 of the Code of the City of Fort. Collins to Adopt a New Fort Collins Stormwater Criteria Manual and Making Various Related.Changes.. (Adopted) The purpose of this item is for City Council to adopt the updated Fort Collins Stormwater Criteria Manual (Manual) into City Code, and to make related changes to City Code updating references to the Manual. The Manual sets forth design guidelines and technical criteria that are utilized in the analysis and design of stormwater drainage. systems. The Manual serves as the governing criteria for all stormwater improvements, public or private, that are designed and installed within Fort Collins and its Growth Management Area (GMA). In short, the Manual is the primary reference document for engineering consultants when preparing stormwater system designs, and for Fort Collins Utilities staff to confirm stormwater system designs are in compliance with regulations and associated requirements. The Manual is being updated to replace, in its entirety, the previously adopted "Fort Collins Amendments to the Urban Drainage and Flood Control District Criteria Manual" dated December 2011. The objective is to create a single, stand-alone document that incorporates all key design guidance and more effectively communicates the criteria for Fort Collins and its Growth Management Area (GMA).,The Manual is consistent with the recent City-wide development. review process updates and will be, Jmore user-friendly and easier for users to navigate, interpret and apply. While the criteria presented in the updated Manual are consistent with the currently adopted Manual, there are some proposed technical updates and policy changes included. City of Fort Collins Page 439 December 4, 2018 14. Items Relatinq to Various Amendments to City Code Chapter 26 Pertaining to Utility Services. (Adopted) A. First Reading of Ordinance No. 160, 2018, Adopting the Cross -Connection Control Manual Containing Supplemental Rules and Regulations Necessary to Implement the Cross -Connection Control Program Pursuant to Section 26-189 of the Code of the City of Fort Collins and Amending Said Section to Authorize the Utilities Executive Director to Make Technical Revisions to Such Rules and Regulations. B. First Reading of Ordinance No. 161, 2018, Amending Chapter 26 of the Code of The City of Fort Collins to Add Definitions for Data Managed by Utility Services. C. First Reading of Ordinance No. 162, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Reference the Financial Officer's Rules and Regulations for Interest Rates for the On - Bill Financing Program. D. First Reading of Ordinance No. 163, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Utility Accounts, Billing and Collection Practices Regarding Net Metering. E. First Reading of Ordinance No. 164, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Access and Metering Conditions of Utility Services Related to Transition from Manually -Read Meters to Advanced Metering Infrastructure (AMI) Meters. F. First Reading of Ordinance No. 165, 2018, Amending Sections 26-120 and 26-283 of the Code of the City of Fort Collins to Authorize the Utilities Executive Director to Waive Water Plant Investment Fees and Sewer Plant Investment Fees in Limited Circumstances The purpose of this item is to adopt a variety of revisions, clarifications and additions to update portions of City Code Chapter 26 pertaining to Utility Services. 15. Items Relating to Land Dedication. and Payment in Lieu Fee Agreements with Thompson and Poudre School Districts. (Adopted) 16. A. First. Reading of Ordinance No. 111, 2018, Amending Article III in Chapter 7.5 of the Code of the City of Fort Collins Pertaining to the City's Imposition of Land Dedication Requirements and Fees in Lieu of Land Dedication for Public. School Site Acquisition and Development. B. Resolution 2018-114 Approving an Amended and Restated Intergovernmental Agreement._ Between the City and the Poudre School District Pertaining to the Land Dedication and In -Lieu Fee Requirements in Article III of Chapter 7.5 of the Code of the City of Fort Collins. C. Resolution 2018-115 Approving an Amended and Restated Intergovernmental Agreement Between the City and the Thompson School District Pertaining to the Land Dedication and In -Lieu Fee Requirements in Article III of Chapter 7.5 of the Code of the City of Fort Collins. The purpose of this item is to update the Intergovernmental Agreements (IGAs) with Poudre and Thompson School Districts and to amend the Municipal Code to be consistent with the updated IGAs. A. Resolution 2018-116 Approving an Intergovernmental Agreement for Fiber Management Between Town of Estes Park, City of Fort Collins, City of Longmont, City of Loveland and Platte River Power Authority. City of Fort Collins Page 440 December 4, 2018 B. Public Hearing and First Reading of Ordinance No. 172, 2018, Approving a Franchise and License Agreement between the City of Fort Collins and Platte River Power Authority for a Fiber Optic Network. The purpose of this item is to consider approval of two agreements necessary to facilitate the transfer of a portion of Platte River's Fiber Optic Network to the City.. 17. Resolution_ 2018-117_Approvinci an_ Art _Protect for the .Streets,Park _Proiectand Approving Expenditures fforn the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund to Commission an Artist to Create the Art Project Pursuant to the Art in Public Places Program. (Adopted) 18. The purpose of this item is it to approve expenditures from the Art in Public Places Reserve Account to commission Earthscape to create an artist -designed play structure for the Streets Park Project. The expenditures of $50,000 will be for design, materials, signage, fabrication, installation, and contingency for Earthscape to create a playground structure developed with the design team and artist Mario Miguel Echevarria. (Adopted) The purpose of this item is it to approve expenditures from the Art in Public Places (APP) Reserve Account and APP Stormwater Utility Account to commission an artist to create art for the Poudre River Whitewater Park Project. The expenditures of $150,000 will be for design, materials, signage, fabrication, delivery, and contingency for John Davis to create the art for the plaza area. 19. Resolution 2018-119 Approving the Midtown Business Improvement District 2019 Budget and Operating Plan. (Adopted) The purpose of this item is to consider a Resolution approving the Midtown Business Improvement District 2019 Budget and Operating Plan. 20. Resolution 2018412 Adopting the City's 2019 Legislative Policy Agenda. (Adopted) 21. The purpose of this item is to consider and adopt the City's 2019 Legislative Policy Agenda. Each year the Legislative Review Committee (LRC) develops a legislative agenda to assist in the analysis of pending legislation and regulation. The Legislative Policy Agenda is used as a guide by Council and staff to determine positions on legislation and regulation pending at the state and federal levels and as a general reference for the City's state legislators and congressional delegation. The purpose of this item is to authorize the City Manager to submit to the Federal Communications Commission (FCC) on the City's behalf reply comments in support of comments recently submitted by the Colorado Communications and Utility Alliance (CCUA) and other parties. The CCUA comments oppose rules proposed in the FCC's Second Further Notice of Proposed Rulemaking regarding cable - related franchise considerations that would limit local governments' ability to negotiate with cable franchises for in -kind services in addition to franchise fees. The City Council's Legislative Policy Agenda supports preserving local governments' ability to negotiate for such services that serve the public interest. Comments will be provided by the December 14 deadline. City of Fort Collins Page 441 December 4, 2018 e END CONSENT e CONSENT CALENDAR FOLLOW-UP Councilmember Stephens commented on Item No. 5, Second Reading of Ordinance No. 142, 2018, Authorizing the Lease of City -Owned Property at 424 Pine Street for. Up to 40 Years, and discussed the need for increasing the capacity of affordable child care facilities. Councilmember Cunniff stated Item No. 13, Public Hearing and First Reading of Ordinance No. 159, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Adopt a New Fort Collins Stormwater Criteria Manual and Making Various Related Changes, will elevate the standards by which people and property are protected from flood damage. Mayor Troxell commended Item No. 21, Resolution 2018-119 Approving the Midtown Business Improvement District 2019 Budget and Operating Plan. Councilmember Martinez agreed with Mayor Troxell and expressed support for the item. 9 STAFF REPORTS Tessa Greegor; FC Bikes Program Manager, discussed the vision of the Bicycle Master Plan to provide a community for everyone, regardless of age or ability, where they can safely and comfortably travel by bicycle to where they want to go. The Open Streets events fall into the FC Bikes' activation program area and generally involve temporarily closing an area of streets to motor vehicles and encouraging participants to be active and utilize the public space in ways other than driving a vehicle. Councilmember Overbeck commended the growth of the Open Streets events. Mayor Pro Tem Horak agreed and commended the well-informed volunteer staff. Mayor Troxell commended the events and their impact on informing residents of various transportation modalities. ® COUNCILMEMBER REPORTS Councilmember Overbeck reported on the Poudre Heritage Alliance Board retreat during which 2019 events were discussed and the Executive Director was reviewed positively for the year. Councilmember Cunniff reported on the joint Planning Commission and County Commissioners work session regarding the wasteshed plan, which seems to be moving forward for adoption. Mayor Pro Tern Horak reported on the North Fort Collins Business Association coats and boots program. Mayor Troxell reported on the Future of Transit panel at the Lincoln Center. Councilmember Stephens reported on an event at the Senior Center to sign residents up for the LEAP program and the City's income -qualified rate program. Councilmember Summers reported on the annual employee recognition event for milestone employees. City of Fort Collins Page 442 December 4, 2018 ® CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS 22. Items Relating to the Adoption and Amendment of the International Codes Relating to. Buildings and Building Regulations (Postponed to December 18; 2018) A. Public Hearing and First Reading of Ordinance No. 149, 2018, Amending Chapter 5, Article 11, Division 2, of the Code of the City of Fort Collins for the Purpose of Repealing the 2015. International Building Code and Adopting the 2018 International Building Code, with Amendments. B. Public_ Hearing and First Reading of Ordinance No. 150, 2018, Amending Chapter 5, Article 11, Division 2, of the Code of the City of Fort Collins for the Purpose of Repealing the 2015 Energy Conservation Code and Adopting the 2018 International Energy Conservation Code, with Amendments. C. Public Hearing and First Reading of Ordinance No. 151, 2018, Amending Chapter 5, Article ll, Division 2, of the Code of the City of Fort Collins 'for the Purpose of Repealing the 2015 International Residential Code and Adopting the 2018 International Residential Code, with Amendments. D. Public Hearing and First Reading of Ordinance No. 152, 2018, Amending Chapter 5, Article ll, Division 2, of the Code of the City of Fort Collins for the Purpose of Adopting the 2018 International Existing Building Code, with Amendments. E. Public Hearing and First Reading of Ordinance No. 953, 2018, Amending Chapter 5, Article ll, Division 2, of the Code of the City of Fort Collins for the Purpose of Adopting the 2018 International Pool and Spa Code, with Amendments. Public Hearing and First Reading of Ordinance No. 154, 2018, Amending Chapter 5, Article ll, Division 3, of the Code of the City of Fort Collins for the Purpose of Amending the 2006 International Property Maintenance Code. G. Public Hearing and First Reading of Ordinance No. 155, 2018, Amending Chapter 5, Article IV, of the Code of the City of Fort Collins for the Purpose of Repealing the 2015 Mechanical Code and Adopting the 2018 International Mechanical Code, with Amendments. H. Public Hearing and First Reading of Ordinance No. 156, 2018, Amending Chapter 5, Article IV, of the Code of the City of Fort Collins for the Purpose of Repealing the 2015 International Fuel Gas and Adopting the 2018 International Fuel Gas Code, with Amendments. The purpose of this item is to adopt the most up-to-date, comprehensive, and fully integrated body of codes, the 2018 International Codes (2018 I -Codes), regulating building constriction and systems using prescriptive and performance -related provisions. The purpose of these codes is to establish the minimum construction requirements to safeguard the public health, safety and general welfare by regulating structural strength and stability, sanitation, light and ventilation, energy conservation, and property protection from hazards attributed to the built environment within the City of Fort Collins. With factoring in local amendment costs, it is estimated the overall cost increase to build under the 2018 codes is less than 1 %. These amendments will go into effect January 1, 2019. Because this is the first time the City is adopting the International Existing Building Code (IEBC) and International,Pool and Spa Code (IPSC) all language being added to the City Code must be shown as yellow. Language that is being added as local amendment is highlighted in grey so that it is easily distinguishable from already -existing language in the IEBC and IPSC. City Attorney Daggett read a change to Ordinance No. 151, 2018 relating to the International Residential Code. City of Fort Collins Page 443 December 4, 2018 Craig Rogers expressed concern with the proposal to reduce the maximum allowable flow for shower heads, citing studies showing the adverse effects of low -flow water systems. Caroline Johnson expressed concern with the maximum performance test rating requirement for toilets and the proposal to reduce. the maximum allowable flow for shower heads. Cambria McLeod, Plumbing Manufacturers International, expressed concern with the map test rating requirement for toilets. Kyle Jones expressed concern with the requirement for public lavatory faucets to be EPA Water Sense labeled. Liesel Hans, Sciences Manager, stated there is availability in the marketplace for products meeting the proposed requirements. Mayor Pro Tern Horak stated he would like to postpone the item to December 18, 2018 to allow the opportunity for staff to provide additional information. Councilmember Cunniff discussed the primary goal of water conservation. Councilmember Martinez asked if staff members have been in touch with Waterpik and other organizations. Russ Hovland, Chief Building Official, replied in the affirmative. Councilmember Summers supported postponing the item and noted California is the only state to adopt the lower shower head flow criteria and that adoption has resulted in customer dissatisfaction and possible health ramifications. Councilmember Summers made a motion, seconded by Mayor Pro Tern Horak, to postpone consideration of Item No. 10, Items Relating to the Adoption and Amendment of the International Codes Relating to Buildings and Building Regulations, to December 18. Councilmember Martinez asked about the public outreach process. Hovland replied the item was fully vetted, researched, presented to multiple Boards and Commissions, and was discussed in the Building Code Review Committee. Councilmember Stephens noted the Review Committee, which included members of the building community, expressed support for the changes. RESULT: P0STPOWI31 DECEMBER'18; 2018 [UNANIMOq$] MOVER: Ken Summers; District'3 SECONDER: Gerry'Horak; District fi AYES`. Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 22. Items Relating to.2019. City -Impact-Fee _Updates. (Adopted on First Reading) A. First Reading of Ordinance No. 166, 2018, Amending Chapters 7,5, 8 and 24 of the Code of the City of Fort Collins to Implement, Phase Il Increases of the Capital Expansion Fees. B. First Reading of Ordinance No. 167, 2018, Amending Chapter 26 of the Code of the City of Fort Collins To Revise Water Plant Investment Fees. City of Fort Collins Page 444 December 4, 2018 C. First Reading of Ordinance No. 168, 2018, Amending Chapter26 of the Code of the City of Fort Collins To Revise Sewer Plant Investment Fees. D. First Reading of Ordinance No. 169, 2018, Amending Chapter 26 of the Code of the City of Fort Collins To Revise Stormwater Plant Investment Fees. The purpose of this item is to update impact fees for the 2019 cadence which includes Step 11 for all six Capital Expansion Fees (CEFs) and Utility Plant Investment Fees (PIFs). Staff has worked to coordinate the process for updating all new development related fees that require Council approval since 2016. The 2017 Capital Expansion Fee (CEF) and Transportation Capital Expansion Fee (TCEF) full fee proposals showed significant increases from the previously approved fees. Council asked for these fees to be implemented in three steps. In addition to the stepped implementation for CEFs, Council asked for a Fee Working Group to be created to foster a better understanding of impact fees prior to discussing further fee updates. The Fee Working Group meetings started in August 2017, comprised of a balanced group of stakeholders - citizens, business -oriented individuals, City staff and a Council liaison. Overall, the Fee Working Group supports the fee coordination process and proposed fee updates. Councilmember Martinez stated he pulled the item to provide additional public disclosure and requested clarification related to some of the data. Mike Beckstead, Chief Financial Officer, replied there was an error in a chart that was published; however, that did not impact the fee recommendations. He discussed the data used for fee comparison purposes and noted the fees in areas of the city served by Elco and the Fort Collins/Loveland Water District are much higher due to fees out of the City's control. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 166, 2018, on First Reading. RESULT: ORDINANCE NO: 166, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES'.- Martinet, Stephens, Summers; O.verbeck, Trokell,:Cunniff, Horak- Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 167, 2018, on First Reading. RESULT; ORDINANCE NOi, 167, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER:Ross Eunniff, District 5. AYES: Martinez-, Stephens, SUmmer§; Overbeck, Tr6x6II, Conniff; Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 168, 2018, on First Reading. RESULT: ORDINANCE NO. 1'68 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER:: Ross Cunniff, District 5 AYES. Martinez, Ste_"ptiens, Summers, Overbeck, Troxell; Cunniff; Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 169, 2018, on First Reading. City of Fort Collins Page 445 December 4, 2018 RESULT; ORDINANCE NO 1,69;-2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER! Gerry Horak; District i SECONDERS Ross Cunniff; District 5 AYES: Martinez, Stephens, Summers; Overbeck, Troxell, .Gunn'iff; Horak 23. Items Relating to the Jefferson Street Imurovements Project: (Adopted) A. Resolution 2018-113 Authorizing the Mayor to Sign an Intergovernmental Agreement with the Colorado Department of Transportation for the Jefferson Street Improvements Project) B. First Reading of Ordinance No. 170, 2018, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public improvements in Connection with the Jefferson Street Improvements Project The purpose of this item is to authorize the Mayor to sign an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT). This action will formalize a new agreement between the City and CDOT, enabling the project's property acquisition phase as well as allocating $526,100 of previously awarded Congestion Mitigation and Air Quality (CMAQ) funds into the phase. This action does not include new appropriations as the CMAQ and local matching funds have been previously appropriated. This item also seeks authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests along Jefferson Street. The acquisitions will include purchase of rights -of - way and permanent easements from five property owners. To meet funding constraints, timely acquisition of the property interests is necessary. Staff fully intends to negotiate in good faith with the affected owners and is requesting authorization of eminent domain only if such action is deemed necessary. Councilmember Martinez requested additional information regarding the eminent domain aspect of the item. Tom Konstanty, Fort Collins Rescue Mission Director, stated he needs to address some concerns that will impact the small lot on which the Rescue Mission sits. He has had conversations about a possible alternative. Kerri Allison, Real Estate Specialist, stated there are five parcels the City would like to acquire as part of the Jefferson Street improvements. She noted this is a federal project and in order to meet funding constraints, staff is requesting authorization for eminent domain if necessary on all five parcels. City Manager Atteberry noted this is a standard procedure of the City and does not automatically mean the action will occur. Kyle Lambrecht, Civil Engineer 111, discussed the project limits and outlined the five parcels in question, which include Rodizio Grill, a portion of the Rescue Mission property, and three other parcels. Specifically, the project involves 7.5 feet along each frontage. Deputy City Manager Mihelich stated the existing sidewalks being maintained by the City are on private property. This acquisition would transfer ownership of those sidewalks to the City and no actual buildings would be affected. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2018-113. City of Fort Collins Page 446 December 4, 2018 RESULT: RESOLUTION 2018413 ADOPTED [UNANIMOUS] " MOVER: Gerry Horak; District6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, OVerbeck, Trozell, Gunniffi Horak Mayor Pro Teen Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 170, 2018, on First Reading. RESULT: ORDINANCE NO: 170; 2018. ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER:- Ross Cunniff, District 5: AYES: Martinez Stephens ;Summers, O�rerbeck, Troxell-Cunniff,,Horak .., ., 24. Resolution 2018-120 Appointing a Councilmember to the Larimer County Behavioral Health Policy Council. (Adopted) The purpose of this item is to make a Councilmember liaison assignment to the Larimer County Behavioral Health Policy Council. The Mayor has proposed that Kristin Stephens be appointed to this role, and she has agreed to serve as the liaison to this Policy Council if appointed. Councilmember Martinez commended the appointment of Councilmember Stephens as the liaison to the Behavioral Health Policy Council. Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2018-120, appointing Councilmember Stephens to the liaison role. Councilmember Stephens accepted the position. RESULT;, RESOLUTION 20184.20 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District;6 SECONDER:_ Ross Cunniff; Districts AYES: Martinez SteP6ghs 'Su:mmers Overbeck, Troxell, Gunniff'Hora_k ® DISCUSSION ITEMS 25. Second Reading of Ordinance No. 144, 2018 Amending Chapter 12 of the Code of the City of Fort Collins to Establish the Requirements for a Building Energy and Water Scoring Program. (Adopted as Amended on Second Reading) This Ordinance, adopted on First Reading on November20, 2018 by a vote of 6-1 (Nays: Summers), establishes requirements for building owners to provide information related to energy and water use in commercial and multifamily buildings larger than 5,000 square feet. Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 144, 2018, on Second Reading. Councilmember Summers stated it is important to understand the impacts in terms of return on investment related to energy savings efforts. He stated this ordinance is not comparable to manufacturer mandates and is a rush to a legislative, regulatory approach that is short-sighted. He suggested this item is about a Climate Action Plan agenda and has little benefit to the commercial City of Fort Collins Page 447 December 4, 2018 real estate market or the general public and could drive up costs of entry-level housing. He read several comments of business owners expressing concern about the program. Councilmember Summers asked what is considered a commercial building. . Kirk Longstein, Energy Service Project Manager, replied the Energy Star portfolio manager tool includes property use definitions, the most common of which in Fort Collins are office, mixed -use, and retail. Hospitals and churches are included in the definition; however, automotive shops would be reviewed on a case -by -case basis. Councilmember Summers asked if staff examined a voluntary program at full implementation. Longstein replied a pilot of a voluntary program was run for one year and several of the participants provided testimonials on the benefits of the program and provided feedback on how to reduce the time commitment on their end. All Poudre School District schools, all City buildings, and all CSU buildings are using the Portfolio Manager tool. Councilmember Summers made a motion to postpone consideration of Ordinance No. 144, 2018 indefinitely. The motion did not receive a second and therefore failed. Councilmember Martinez asked if any incentives were offered for voluntary participation. Longstein replied a free certification, valued at $1,500, was offered as an incentive; however, that certification is voluntary and its value to the business depends on the market. Deputy City Manager Mihelich stated there is an inherent incentive to going through the program as the Energy Star rating does have some prominence and buyers want to purchase those buildings. Councilmember Summers made a motion to amend the language of Ordinance No. 144, 2018, to make reported information from businesses publicly available on request consistent with applicable law. (Secretary's Note: The Council took a brief recess at this point in the meeting.) City Attorney Daggett summarized her understanding of Councilmember Summers' suggested language changes. Councilmember Summers made a motion to amend the language of Ordinance No. 144, 2018, to make reported information from businesses publicly available on request consistent with applicable law. The motion did not receive a second and therefore failed. Councilmember Summers made a motion, seconded by Councilmember Cunniff, to amend the language of Ordinance No. 144, 2018, to include City -owned covered buildings with a gross floor area equal to or greater than 20,000 square feet. Mayor Pro Tem Horak asked why the language was originally written to exclude such buildings. Smith replied that was mistake in the language and it was to be written to include such buildings. Councilmembers Summers and Cunniffaccepted the change as being a friendly amendment. Councilmember Summers made a motion, seconded by Councilmember Martinez, to delete the phrase "consistent with City open data policies as adopted in Resolution 2017-014" from Ordinance No. 144, 2018, stating that change would make the information available upon request but does not make the Energy Star information publicly available. City of Fort Collins Page 448 December 4, 2018 Councilmember Martinez stated he would like the information to be publicly available without citizens having to request it. Councilmember Summers stated the information could be attained; however, many businesses think the information should be private. Councilmember Cunniff stated the information is provided in order to make the market function and provides transparency for buyers. Councilmember Summers stated government does not make the market work and it is impossible to know all of the factors that impact the Energy Star score on a building by building basis. Councilmember Cunniff stated the availability of the data will inform buyers as to the impact of their buying habits on the City's overall goals. The vote on the motion to amend was as follows: Yeas: Summers. Nays; Troxell, Overbe_ck; Stephens, Martinez, Cunniff, and Horak. THE MOTION FAILED. Councilmember Summers made a motion, seconded by Councilmember Martinez, to include language in Ordinance No. 144, 2018, prohibiting the City from requiring Energy Star score mandates on buildings: Councilmember Martinez asked if staff is planning to require Energy Star scores. Longstein replied this program does not require certain levels of performance, only information. There are no plans at this time to mandate certain levels of performance. Mayor Troxell noted any future mandate would need Council approval at that time. Longstein replied in the affirmative, Councilmember Cunniff stated he would support the language change if City -owned buildings Were not included. Mayor Pro Tern Horak and Councilmember Cunniff accepted the proposed amendment as being friendly. Councilmember Summers made a motion to include language relating to evaluation and a sunset by December 31, 2030 unless Council opts to continue or modify the program. Mayor Pro Tern Horak supported evaluation language but opposed the inclusion of a sunset provision. Councilmember Summers stated he would accept that. Mayor Pro Tern Horak suggested including the requirement for an annual report by staff evaluating the program's outputs and outcomes. Mayor Pro Tern Horak and Councilmember Cunniff accepted the language amendment as being friendly. City of Fort Collins Page 449 December 4, 2018 City Attorney Daggett discussed the three accepted amendments and read the amended language. RESULT: ;ORDINANCE.NO 144i 2018i ADOPTED AS AMENDED ON, SECOND READING [6 TO MOVER: Gerry Horak, District 6; SECONDER: Ross Cunniff; District 5 AYES:, Martinez Stephens, Ovgrbeck,,Troxell; Cunndf, Horak . {.:, NAYS: Summers; 26. College Avenue. (Adopted) The purpose of this item is to make. Findings of Fact and Conclusions regarding the appeal of the Zoning Board of Appeals granting .a variance with condition for the property located at 216 North College Avenue. City Council heard the appeal on November 27, 2018 and voted to uphold the Zoning Board of Appeals decision by a vote of 4-1. (Nays:;; Martinez; Overbeck, Summers absent) Mayor Pro Tern Horak made a motion, sec6ndi4by Councilmember Martinez, to adopt Resolution 2018-121. Mayor Pro Tern Horak requested staff input.as to whether Councilmembers who were not present at the hearing should vote. City Attorney Daggett replied it is acceptable for all Councilmembers to vote. RESULT: RESOLUTION 2018-121 ADOPTED [UNANIMOUS] MOVER: Gerry Horak; District 6'. SECONDER:. Flay Martinez, District,2 AYES: Martinez, Stephens ,%framers, Overbeck, Troxell,,Cunniff, Horak • OTHER BUSINESS Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to move the regular Council meeting scheduled for Tuesday, January 1, 2019, to Wednesday, January 2 2019, pursuant to City Code Section 2-28A because January IS` is a national holiday. RESULT: e. . ADOPTED`[UNANIMOUS] MOVER: Gerry Horak', District fi SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summmers, Overbeck, Troxell, C-unniff, Horak City of Fort Collins Page 450 December 4, 2018 Y ADJOURNMENT The meeting adjourned at 8:48 PM. ATTEST: City C City of Fort Collins Page 451