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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/06/2008 - SUMMARY AGENDA REGULAR MEETING AGENDA FORT COLLINS CITY COUNCIL City of Fort Collins May 6, 2008 Doug Hutchinson, Mayor City Council Chambers Kelly Ohlson, District 5, Mayor Pro Tem 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 "Persuasiveness" as the Character Focus for May 2008. B. Proclamation Declaring May 17, 2008 as Kids Day America/International. C. Proclamation Declaring May 5-11, 2008 as Public Service Recognition Week. D. Proclamation Declaring May 4-10, 2008 as Drinking Water Week. E. Proclamation Declaring the Month of May 2008 as Historic Preservation Month. Regular • 6:00 • PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. 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 18. 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.27, 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. Consideration and Approval of the Minutes of the April 1 and April 15, 2008 Regular Meetings, and the April 8 and April 22, 2008 Adjourned Meetings. 7. Second Reading of Ordinance No. 040,2008, Appropriating Unanticipated Revenue in the Capital Projects Fund-City Park South Ballfield Redevelopment Capital Project to Convert the Use of the Field from Softball to Baseball. Colorado State University, the Fort Collins Foxes Baseball Club (a semi-professional baseball team)and the Fort Collins Baseball Club have approached the City Parks Division with a proposal to redevelop City Park South Ballfield into a hardball field. City Park South was originally a hardball field until approximately 10 years ago, when it was converted to softball. New softball fields at Fossil Creek and Spring Canyon Parks allow for the PAGE 3 conversion of City Park South to hardball because there are now enough softball fields to accommodate the demand. Estimates for the conversion are$245,706 and include a 20%contingency. CSU has agreed to pay these costs. The City's Parks Department will manage the project. This Ordinance, unanimously adopted on First Reading on April 15, 2008, appropriates the revenue for this Project. 8. Postponement of 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 to May 20, 2008. 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 owned by the Natural Areas Program, or of interest to the Program, if such review was requested by either the City Manager or the City Council. Staff is asking that Second Reading of this Ordinance be postponed to May 20,2008 to allow time for additional staff work. 9. First Reading of Ordinance No. 042, 2008, Authorizing the Transfer of Existing Appropriations from the Street Oversizing Fund to the Capital Projects Fund for Building on Basics - Harmony, Seneca to College Avenue Project. West Harmony Road is a major east-west arterial route in the City of Fort Collins. The project area has seen substantial residential and commercial development in recent years and also serves the major destinations of Front Range Community College and the Harmony Library. Numerous sections of the corridor have been widened,but due to substantial gaps, the roadway generally functions as a two-lane street through most of this section. Many sections also lack adequate sidewalks and bike lanes. The Harmony/Shields intersection produces long delays and has one of the highest accident rates in the City. For these reasons, improvements to this corridor have been prioritized by the City of Fort Collins. 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. 10. First 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, PAGE 4 a parking garage, or a park adjacent to the new building. In order to proceed with this transaction, staff is requesting Council to approve the appropriation of funds necessary to acquire the property and pay associated expenses for the purchase. 11. 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 To compensate for a historical encroachment by a neighboring property at 523 North Whitcomb, 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. The owners of 525 North Whitcomb intend to sell a portion of their property to the neighbor at 523 North Whitcomb to correct the encroachment. In order to maintain the size of their own lot, the owners of 525 North Whitcomb asked the City to convey to them a strip of adjacent Utility property 7 feet wide and 140 feet long(980 square feet). This amount may be revised (downward) to address existing City improvements and desired buffers. 12. First Reading of Ordinance No. 045, 2008,Authorizing the Conveyance of Non-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 on,over,and across the 105 acre City of Fort Collins 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. The requested easements are necessary for J-B Investments to meet Larimer County's development requirements for its 52-acre property to the north of the easement area. The drainage easement is necessary to accommodate historic drainage from the proposed development. 13. Resolution 2008-039 Authorizing the Lease of a Portion of City-Owned Property Located at 200 West Mountain Avenue, Suites A and B. For Up to Two Years As Part of the Fort Collins Public Access Network ("FC-PAN"). FC-PAN is the City's designated public access provider. One of its responsibilities, as required by the City, is to provide and operate a Community Media Center. Operations Services has identified 449 square feet of City-owned space at 200 West Mountain Avenue that is available for this purpose and is contracting with FC-PAN for its use. Details of the agreement are as follows: • The City will provide temporary space for the Community Media Center. • Year One: 449 square feet of space and utilities provided at no cost. PAGE 5 • Year Two: 449 square feet of space provided at no cost; FC-PAN pays for utilities (approximately$65 per month). 14. Resolution 2008-040 Authorizing the Lease of a Portion of City-Owned Property Located at 200 West Mountain Avenue, Suites A and B. for Up to Two Years As Part of the Rocky Mountain Innovation Initiative ("RMI"') Program. Since Summer 2004, the City has leased space to Rocky Mountain Innovation Initiative ("RMIZ") Program and its participating companies. Currently, RMI1 leases space at 200 West Mountain, Suite C and 321 Maple Street. With the City's Natural Resources Office move to 215 Mason Street, Suites A and B are now vacant. This Ordinance authorizes the lease of the vacated Suites A and B to RMI2. 15. Resolution 2008-041 Authorizing the City Manager to Enter into an Intergovernmental Agreement with the Colorado Water/Wastewater Agency Response Network(CoWARN)._ The Resolution authorizes the City Manager to enter into an intergovernmental agreement provided by the Colorado Water/Wastewater Agency Response Network(CoWARN)with CoWARN members to provide and/or receive assistance during an emergency situation. CoWARN members are other Colorado public and private utilities providing water and wastewater service. This agreement will not interfere or adversely affect the water/wastewater operations within the City of Fort Collins. 16. Resolution 2008-042 Amending Resolution 2008-023 Pertaining to the Training Program of Board and Commission Members. This Resolution modifies the training requirements for members of City boards and commissions so as to reduce the number of times that appointees need to attend the training. 17. Resolution 2008-043 Appointing Councilmember Lisa Poppaw to Serve as a City Representative on the Board of Directors of Beet Street. This Resolution authorizes Councilmember Lisa Poppaw to represent the City as a member of the Board of Directors of the Beet Street nonprofit corporation. 18. Resolution 2008-044 Making Appointments to the Community Development Block Grant Commission and the Telecommunications Board. Two vacancies currently exist on the CDBG Commission due to the resignations of Autumn Kiser and Cynthia Torp. Councilmembers Manvel and Roy reviewed the applications on file and are recommending David Carr and Phil Majerus to fill the vacancies with terms to begin June 1,2008 and set to expire on December 31,2009 and December 31,2010 respectively. Two vacancies currently exist on the Telecommunications Board due to the resignations of Ted Funk and Wayne Wiemerslage. Councilmembers Roy and Ohlson reviewed the applications on file and are recommending Eve Klopf and Jason Rist to fill the vacancies with terms to begin immediately and set to expire on December 31,2009 and December 31, 2010 respectively. PAGE 6 END CONSENT 19. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 20. Staff Reports. 21. Councilmember Reports. 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. 22. First 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 Ag rgregate 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: Makin Findings indings 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. (no staff presentation - 10 minute discussion) 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 PAGE 7 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. Custom Blending, Inc. relocation and expansion on a site within the City limits will result in additional property taxes for the City as well as use tax on construction materials and equipment purchases. The prospect of additional manufacturing jobs also provides economic benefit. 23. Second Reading of Ordinance No. 031, 2008,Amending Chanter 23, Article III of the Citv Code for the Purpose of Adding a Division Regarding Encroachment Permits for Newsracks. (5 minute staff presentation - 45 minute discussion) On March 4, 2008, the City Council adopted on First Reading, Ordinance No. 031, 2008, pertaining to newsrack condominiums. On April 1, 2008, City Council voted to delay Second Reading of the Ordinance until May 2008 and directed the Downtown Development Authority,Downtown Business Association, the publishers and City staff to work together to seek a compromise. The parties met to negotiate and have developed a compromise agreement. Ordinance No. 031,2008 was adopted on First Reading on March 4, 2008 by a vote of 4-2. (Nays: Roy, Troxell; Absent: Brown) 24. First 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. (10 minute staff presentation- 30 minute discussion) 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"). As indicated in the staff presentation at the December 11,2007,Council work session,staff has planned to develop comments on the DEIS for Council's consideration after the release of the DEIS. The release date for the DEIS had been delayed several times, but the DEIS was issued on April 30,2008,and staff will now be able to 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 of meaningful 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 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 8 25. First Reading of Ordinance No. 048,2008,Authorizint?the Lease of a Portion Of Running Deer Natural Area To Hageman Earth Cycle,Inc. (10 minute staff presentation- 30 minute discussion) 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. The term of the new lease is for one year with up to nine renewals. 26. Items Relating to the Adoption of the 2006 International Building Code (IBC). 2006 International Enerev Conservation Code (IECC)and Local Amendments. (15 minute staff presentation - 30 minute discussion) A. First 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. First 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 Codeg, with Amendments. The 2006 International BuildingCode(IBC)and the 2006 International Energy Conservation Code (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. Staff is presenting these codes and local amendments for adoption to replace the obsolete 1997 Uniform Building Code (UBC) and companion energy code regulating multi-family and commercial buildings. 27. Pulled Consent Items. 28. Other Business. 29. 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 ameeting 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.