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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/20/2008 - SUMMARY AGENDA REGULAR MEETING AGENDA FORT COLLINS CITY COUNCIL 6i May 20, 2008 City of Fort Collins Doug Hutchinson, Mayor City Council Chambers Kelly Ohlson, District 5, Mayor Pro Tern City Hall West Ben Manvel, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Diggs Brown, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 David Roy, District 6 on the Comcast cable system The City of Fort Collins will make reasonable accommodations for access to City services,programs,and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515(TDD 224-6001)for assistance. Proclamations and Presentations 5:30 • A. Proclamation Declaring May 5,2008 through June 2,2008 as Buckle Up Fort Collins Month. B. Presentation from the Organizers of the Greeley Independence Stampede Declaring June 28, 2008 as "Fort Collins Day"at the Greeley Independence Stampede. Regular 11 • PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. "RECOGNITION OF CITYWORKS 101 GRADUATES" PAGE 2 3. CITIZEN PARTICIPATION (limited to 30 minutes) Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking,please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker's time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak,the Mayor may reduce the time allowed for each individual. • State your name and address for the record • Applause,outbursts or other demonstrations by the audience is not allowed • Keep comments brief; if available,provide a written copy of statement to City Clerk 4. CITIZEN PARTICIPATION FOLLOW-UP: This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen Participation. 5. AGENDA REVIEW: CITY MANAGER Consent • The Consent Calendar consists of Items 6 through 25. This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Item No. 30,Pulled Consent Items. The Consent Calendar consists of: • Ordinances on First Reading that are routine; • Ordinances on Second Reading that are routine; • Those of no perceived controversy; • Routine administrative actions. 6. Second Reading of Ordinance No. 041, 2008, Amending Section 2-272 of the City Code Pertaining to the Duties and Functions of the Land Conservation and Stewardship Board. This Ordinance, unanimously adopted on First Reading on April 15, 2008, modifies the duties of the Land Conservation and Stewardship Board as contained in Section 2-272 of the City Code. The proposed modification will broaden the scope of the Board's functions to include review of City plans or projects, or projects or those of other public or private entities, that could have some impact on properties that are either owned by the Natural Areas Program or are of interest to the Program,if such review is requested by either the City Manager or the City Council. The Ordinance was amended on First Reading to expand the kinds of plans and projects that the Board may review and clarify that the duties of the Board do not include review of land PAGE 3 use proposals submitted to the City for approval under the Land Use Code. The revised language was reviewed and clarified after First Reading to exclude from the new Board role development projects for which applications have been submitted to the City for approval under the Land Use Code. 7. Second Reading of Ordinance No. 042, 2008, Authorizing the Transfer of Existine Appropriations from the Street Oversizing Fund to the Capital Projects Fund for Building on Basics - Harmony, Seneca to College Avenue Project. This Ordinance,unanimously adopted on First Reading on May 6,2008,appropriates funds for the widening of Harmony Road. The proposed improvements include widening West Harmony Road between Seneca and College Avenue to 4-lane arterial street standards including bike lanes, sidewalks and a reconstruction of the Harmony/Shields intersection. Construction is planned in 2008 for West Harmony from Seneca to the Burlington Northern Railroad, including the Harmony/Shields intersection. 8. Second Reading of Ordinance No. 043, 2008, Appropriating Prior Year Reserves in the General Fund to Purchase Property Located at 225 Maple Street. The City has acquired all of Block 32,with the exception of the property at 225 Maple Street. The Civic Center Master Plan includes two City office buildings on this block. The new office building has not been planned,but this property will be used either as the building site, a parking garage, or a park adjacent to the new building. This Ordinance, unanimously adopted on First Reading on May 6, 2008, appropriates the funds necessary to acquire the property and pay associated expenses for the purchase. 9. Second Reading of Ordinance No.044,2008, Authorizing the Conveyance of Real Property Located at the Utility Service Center to an Adjacent Property Owner at 525 North Whitcomb Street. The property owners at 525 North Whitcomb Street wish to purchase from the City a small offsetting portion of Lot 1 of the Utility Service Center development, located immediately adjacent and north of 525 North Whitcomb Street to compensate for a historical encroachment by a neighboring property at 523 North Whitcomb . This Ordinance, unanimously adopted on First Reading on May 6, 2008, authorizes this conveyance. 10. Second Reading of Ordinance No.045,2008,Authorizing the Conveyance ofNon-exclusive Drainage Easement Interests and a Temporary Construction Easement for a Drainage Channel for J-B Investments. Inc., on a Portion of the City-Owned Timnath Community Separator. J-B Investments,Inc.,owner of approximately 52 acres located in the southeast quadrant of the intersection of I-25 and Prospect Road,is requesting 4 non-exclusive drainage easements across the 105 acre City property formerly known as the Vangbo Property, located in the Timnath Community Separator Area, on the east side of the I-25 East Frontage Road. In addition,J-B Investments is requesting a 20-foot temporary construction easement adjacent to the 30-foot drainage easement contiguous to the northern boundary. This Ordinance, unanimously adopted on May 6, 2008, authorizes the conveyance of these easements. PAGE 4 11. Second Reading of Ordinance No. 046, 2008, Re-authorizing the Issuance and Sale by the City of Fort Collins, Colorado of Variable Rate Economic Development Revenue Bonds, Series 2008a (Custom Blending, Inc. Project) and of Taxable Variable Rate Economic Development Revenue Bonds, Series 2008b (Custom Blending, Inc. Project) in the Combined Aggregate Principal Amount Not to Exceed $5,000,000 for the Purpose of Financing the Acquisition. Construction and Equipping of a Manufacturing Facility in the City of Fort Collins,Colorado,and to Pay Certain Costs of Such Bond Issue:Approving and Authorizing Execution of a Trust Indenture. Loan Agreement, Promissory Note and Bond Purchase Agreement with Respect to the Bonds;Making Findings and Determinations with Respect to the Project and the Bonds, Authorizing the Execution and Delivery of Related Documents:and Repealing All Action Heretofore Taken in Conflict Herewith. On March 4, 2008 the City Council adopted Ordinance No. 022, 2008, authorizing the issuance of variable rate economic development bonds for Custom Blending, Inc. That Ordinance provided Custom Blending a"60 day window,"beginning on March 14th,to issue bonds. As a result of difficult financial markets and ongoing negotiations related to the site, the bond issue has been delayed and will not be completed by May 13th. This Ordinance, unanimously adopted on First Reading on May 6,2008,will re-authorize the bond issuance and provide Custom Blending a new "60 day window" beginning May 30th to issue the bonds. This Ordinance will re-authorize the issuance of an amount not to exceed $5,000,000 of economic development revenue bonds for the Custom Blending, Inc. project (a small manufacturing company)from the annual statewide allocation the City receives. This is not the receipt of dollars, but the right to issue tax exempt bonds for purposes prescribed in the Internal Revenue Code by the federal government. Economic development revenue bonds are one type of bond that can be issued for private activity purposes. For fiscal year 2008, the City of Fort Collins received a private activity bond allocation of$5,504,218. These bonds are not an obligation of the City of Fort Collins. 12. Second Reading of Ordinance No. 047, 2008, Appropriating Prior Year Reserves in the General Fund for Review and Analysis of the Draft Environmental Impact Statement for Northern Integrated Supply Project. Staff has been preparing for several months for the release of a Draft Environmental Impact Statement("DEIS")associated with the Northern Integrated Supply Project("NISP"). The DEIS was issued on April 30,2008,and staff will now proceed to analyze NISP based on the DEIS rather than predictions of what the DEIS would contain. The DEIS contains approximately 700 pages of detailed analysis,together with numerous technical reports and other appendices,and preparation ofineaningful comments will require substantial effort and the assistance of qualified consultants to provide input regarding potential impacts to the City and along the Poudre Corridor from NISP. The Ordinance, unanimously adopted on First Reading on May 6,2008, appropriates$225,000 in General Fund reserves to assist with the costs associated with review of and commenting on the DEIS. Utilities and Natural Areas will also provide additional funding for this work from already-appropriated monies. PAGE 5 13. Second Reading of Ordinance No.048,2008,Authorizing the Lease of a Portion Of Running Deer Natural Area To Hageman Earth Cycle, Inc. Running Deer Natural Area was purchased in 3 transactions between 1998 and 2000. Included in the purchase was a 15-acre parcel leased to Hageman Earth Cycle by the previous owners for the operation of an organic material drop off site, material processing, and sale of landscape products. This portion of Running Deer has been leased to Hageman Earth Cycle since 2001. This Ordinance,unanimously adopted on First Reading on May 6,2008, authorizes a new lease for one year with up to nine renewals. Since adoption on First Reading, staff has reviewed and revised the proposed Lease Agreement with Hageman Earth Cycle, in order to more fully address concerns that were raised in the Council's discussion of the item. In addition to clarifying that the Lease may only be renewed by mutual agreement,the Lease Agreement has also been modified to more specifically outline the requirements for stormwater planning and improvements on the Premises, and to set an interim deadline for that process. In addition,the Lease Agreement has been revised to make clear that any composted materials brought to the Premises must be from a legally compliant composting facility. Finally,a term has been added to the Lease requiring Hageman Earth Cycle, Inc.,to provide a written report to the City upon request, regarding the actions taken by Hageman to identify and arrange for use of one or more relocation sites for Hageman's operations on the Premises and adjoining property. In addition, the Ordinance has been revised to direct the City Manager to at least annually review the status of compliance with lease and regulatory requirements and efforts by the Lessee to identify and arrange for a relocation site,and to report the outcome to the Council. 14. Items Relating to the Adoption of the 2006 International Building Code (1130, 2006 International Energy Conservation Code (IECC) and Local Amendments. A. Second Reading of Ordinance No. 049, 2008, Amending Chapter 5, Article II, Division 2, of the City Code for the Purpose of Adopting the 2006 International Building Code®, with Amendments. B. Second Reading of Ordinance No. 050, 2008, Amending Chapter 5, Article II, Division 2, of the City Code For the Purpose of Adopting the 2006 International Energy Conservation Code®, with Amendments. The 2006 IBC and the 2006 IECC are the most up-to-date editions of the model building codes available that apply to newly constructed commercial, industrial and multi-family buildings(3 or more units),and new additions to such existing buildings. These Ordinances, unanimously adopted on First Reading on May 6,2008, replace the obsolete 1997 Uniform Building Code (UBQ and companion energy code regulating multi-family and commercial buildings. Ordinance No. 050, 2008 was revised between First and Second Reading to add some technical provisions that had been omitted. Specifically these short amendments address increased below-grade wall insulation and concrete slab-on-ground insulation required in new multi-family and commercial buildings, that were recommended by the code review PAGE 6 committee. Additionally, a few words of superfluous and redundant language in another amendment were removed. 15. First Reading of Ordinance No.051,2008.Appropriating Prior Year Reserves in the General Fund from Police Seizure Activities for Police Services. This Ordinance appropriates funds to be used by Police Services to purchase new equipment and pay for training as well as to fund partnerships with community groups that seek to promote positive youth activities, anti-violence, anti-drug, and diversity activities. It also appropriates funds from the Latimer County Drug Task Force Reserve to be used to purchase equipment and attend training specifically designed to obtain information from cell phones during the course of drug/non-drug investigations. 16. Items Relating to the Shields and Vine Enclave Annexation and Zoning: A. Hearing and First Reading of Ordinance No. 052, 2008,Annexing Property Known as the Shields and Vine Enclave Annexation to the City of Fort Collins, Colorado. B. Hearing and First Reading of Ordinance No. 053,2008,Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Shields and Vine Enclave Annexation to the City. This is a request to annex an enclave of 4.84 acres at the northwest corner of North Shields Street and West Vine Drive and place the properties CL — Limited Commercial Zone District. The annexation area has been surrounded by the City of Fort Collins for more than three years;therefore,no annexation petition is required for this annexation. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations,the City of Fort Collins Comprehensive Plan,the Latimer County and City of Fort Collins Intergovernmental Agreement,the City of Fort Collins Land Use Code,and the Northwest Subarea Plan. There are no issues or known controversies associated with this annexation. 17. Items Pertaining to the Fossil Creek Reservoir Open Space Annexation. A. Resolution 2008-045 Setting Forth Findings of Fact and Determinations Regarding the Fossil Creek Reservoir Open Space Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 054, 2008,Annexing Property Known as the Fossil Creek Reservoir Open Space Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 055,2008,Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Fossil Creek Reservoir Open Space Annexation to the City. This is a 100%voluntary request to annex 328.75 acres knows as the Fossil Creek Reservoir Open Space and place the properties POL — Public Open Lands Zone District. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations,the City of Fort Collins Comprehensive Plan,the Larimer County and PAGE 7 City of Fort Collins Intergovernmental Agreement,the City of Fort Collins Land Use Code, and the Fossil Creek Reservoir Area Plan. There are no issues or known controversies associated with this annexation. 18. First Reading of Ordinance No. 056, 2008, Vacating a Portion of Right-of-Way for Big Dipper Drive. This Ordinance vacates a portion of right-of-way for Big Dipper Drive. Big Dipper Drive right-of-way was originally dedicated as 60 feet in width (30 feet on each side of the centerline). This proposed roadway will be constructed by the Old Oak Estates development as a local residential street connecting Strauss Cabin Road with Northern Lights Drive. The current standards for a local residential street require a total of only 51 feet of right-of-way (25.5 feet on each side of the centerline). The developer has requested that the"excess"4.5 of right-of-way on the north side,adjacent to their property,be vacated by the City.A utility and drainage easement will be retained and a new standard 9-foot utility and drainage easement will be dedicated on the old Oak Estates Plat. 19. First Reading of Ordinance No. 057, 2008,Authorizing the Lease of City-Owned Property at 906 East Stuart Street for Un to Five Years. The City has leased 906 East Stuart to River Song Waldorf School since August 2006. River Song has met the national Community Development Block Grant Funding("CDBG")criteria by serving a majority(51%or more)of low-moderate income clients below 80%of the Area Median Income. This Ordinance requests authorization to lease the property to River Song Waldorf School for up to five years. 20. First Reading of Ordinance No. 058, 2008, Designating the George W. and Estella Bell House and Garage. 1108 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The Bell House, 1108 West Mountain Avenue, was constructed in the late 1800s or early 1900s. The home is a good example of late 19th—early 20th century Vernacular Domestic Architecture, with classical details. The home and its associated front gable wood frame garage retain a preponderance of integrity, and the property significantly portrays the architectural characteristics predominant in Fort Collins at the turn of the last century. 21. Resolution 2008-046 Authorizing the Lease of City-Owned Property at 1506B West Horsetooth Road, for up to Two Years. The City acquired this property as part of the Affordable Housing Land Bank Program(the "Land Bank Program"). The total property is composed of 8.3 acres of development land. Currently this site has one single family residence,one building with an efficiency apartment and garage,and horse facilities. One of the goals of the Land Bank Program is to hold land for a minimum of ten years. Leasing the property during this time period generates revenue for the program, eliminates ground maintenance and discourages vandalism in empty structures. The lease for 1506B West Horsetooth Road is for the efficiency apartment. PAGE 8 22. Resolution 2008-047 Naming an Alley Located in Downtown Fort Collins the"Montezuma Fuller Alley." The alley naming will allow buildings to have legal entries on the alley. It will simplify driving directions for residents, emergency personnel and delivery people. 23. Resolution 2008-048 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide grants to fund community events. This resolution will adopt the recommendations from the Cultural Resources Board to disburse these funds. 24. Resolution 2008-049 Nominating Mayor Doug Hutchinson as a Candidate to the Executive Board of the Colorado Municipal League. This Resolution formally endorses the nomination of Mayor Doug Hutchinson as a candidate to the Executive Board of the Colorado Municipal League. Mayor Hutchinson is an active participant and continues to represent the City well as a member of the Colorado Municipal League Executive Board. 25. Resolution 2008-050 Making.Appointments to the Building Review Board and the Parks and Recreation Board. A vacancy currently exists on the Building Review Board due to the resignation of David Carr who was appointed to serve on the CDBG Commission effective June 1, 2009. Councilmembers Ohlson and Roy reviewed the applications on file and are recommending Jim Schilling to fill the vacancy with a term to begin immediately and set to expire on December 31, 2009. Two vacancies currently exist on the Parks and Recreation Board due to the death of Walt Peeples and the resignation of Cathy Kipp. Applications were solicited and Councilmember Ohlson and Mayor Hutchinson conducted interviews. The Council interview team is recommending Fred Bitting and Shirley Christian to fill the vacancies with terns to begin immediately and set to expire on December 31, 2012. END CONSENT 26. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 27. Staff Reports. 28. Councilmember Reports. PAGE 9 Discussion The method of debate for discussion items is as follows: • Mayor introduces the item number,and subject;asks if formal presentation will be made by staff • Staff presentation(optional) • Mayor requests citizen comment on the item(five minute limit for each citizen) • Council questions of staff on the item • Council motion on the item • Council discussion • Final Council comments • Council vote on the item Note: Time limits for individual agenda items may be revised,at the discretion of the Mayor,to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker's time. 29. Resolution 2008-051 Establishing City Greenhouse Gas Reduction Goals. (10 minute staff presentation- 1 hour discussion) In 1999,Fort Collins City Council adopted a community-wide greenhouse gas reduction goal "to reduce greenhouse gas emissions 30%below predicted 2010 levels,by 2010"and a plan to meet it. Biennial progress reports have shown that good progress is being made but that Fort Collins is not on track to meet the goal. At a February 26, 2008 work session, Council reviewed a series of measures developed by the Fort Collins Climate Task Force designed to help meet the 2010 goal. Council supported continued efforts to reduce local greenhouse gas emissions but expressed interest in establishing a new,longer-term goal that aligns with the newly established statewide goal. This resolution sets a goal to reduce Fort Collins greenhouse gas emissions 20% by 2020 and 80% by 2050, both when compared to 2005 emissions levels.It also calls for the preparation of an updated Climate Plan addressing how progress can be made on interim milestones and calls for an annual progress report and biennial review of progress on the new goal. 30. Pulled Consent Items. 31. Other Business. 32. Adiournment. Every Council meeting will end no later than 10:30 p.m.,except that:(1)any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and(2)the City Council may, by majority vote,extend a meeting until no later than 12:00 a.m.for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting,and all matters scheduled for consideration at the meeting which have not yet been considered by the Council,will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting.