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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 09/02/2008 - SUMMARY AGENDA City of Fort Collins • •A 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. REGULAR MEETING September 2, 2008 Proclamations and Presentations 5:30 • A. Proclamation Declaring "Joyfulness" as the Character Focus for September 2008. B. Proclamation Declaring the month of September 2008 as Save A Life September. C. Proclamation Declaring September 15-October 15, 2008 as Hispanic Heritage Month. D. Proclamation Declaring the week of September 1-5, 2008 as Payroll Week. MeetingRegular 11 • PLEDGE OF ALLEGIANCE I. 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 CalendarConsent The Consent Calendar consists of Items 6 through 20. 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. 26, 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 July 15, 2008 Regular Meeting and the August 12, 2008 Adjourned Meeting_ 7. Second Reading of Ordinance No. 078, 2008, Appropriating Unanticipated Revenue and Authorizing, the Transfer of Existing Appropriations from the General Fund to the Capital Projects Fund for the I-25 and SH392 Interchange and Improvements Project. An amended Intergovernmental Agreement between the Town of Windsor, City of Fort Collins,and the Developer(Metro Acquisitions,LLC)has been adopted to share the cost of filing a Justification for Separate Action and processing a 1601 Study for the I-25 and SH 392 Interchange. Ordinance No. 078, 2008, unanimously adopted on First Reading on August 19, 2008, appropriates Fort Collins' portion of the cost for these processes. PAGE 3 8. Second Reading of Ordinance No. 091, 2008,Appropriating Unanticipated Grant Revenue in the General Fund for the Poudre Valley Health System"Choose the Right Road"Driving Program. The Poudre Valley Health System has been awarded a$25,000 grant from the Alcohol and Drug Abuse Division of the Colorado Department of Human Services. These funds will be disbursed by the Colorado Department of Human Services and directed through the City of Fort Collins, pursuant to State of Colorado requirements, then paid to the Poudre Valley Health System. Ordinance No. 091, 2008, unanimously adopted on First Reading, allows the City to disburse the grant funds to PVHS(via the Hospital Foundation)upon completion of any grant-related documents and a subgrant agreement between the City and PVHS. 9. Second Readin og f Ordinance No. 092,2008,Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. This Ordinance, unanimously adopted on First Reading on August 19, 2008, appropriates funds received from a grant in the amount of$17,259 from the Division of Criminal Justice, Juvenile Diversion, for salaries associated with the continued operation of the Restorative Justice Program. It also appropriates the required cash match of$5,753 from the Police operating budget. 10. Items Relating to the Civic Center Parking Structure. A. Second Reading of Ordinance No. 093, 2008, Authorizing an Amendment to the Intergovernmental Agreement Between the City and Larimer County and the Fort Collins,Colorado Downtown Development Authority Pertaining to the Civic Center Parking Structure. B. Second Reading of Ordinance No. 094,2008, Appropriating Prior Year Reserves in the General Fund for Repayment to Latimer County for the County's Contribution Toward the Fort Collins, Colorado Downtown Development Authority's Share of Financing the Civic Center Parking Structure. In accordance with an Intergovernmental Agreement (IGA) approved in August 1998 between Latimer County, the City of Fort Collins and the Fort Collins Downtown Development Authority (DDA), the County paid the City $3,070,000 for its share of the development and construction of the Civic Center Parking Garage. The County also paid $1,274,000 for half of the annual debt service assigned to the DDA starting in 2007 until the related financing is completely paid off in 2018. At the time of the IGA, the DDA was expected to sunset in 2006. With the passage of Senate Bill 170 during the 2008 session of the state legislature and with the adoption of Ordinance No. 101, 2008,the authority of the DDA to use tax-increment financing has been extended to 2031. As a result,the DDA will continue to pay its share of the debt service on the Civic Center Parking Garage and the County should be repaid for the contribution it made on behalf of the DDA in 1998. Both Ordinances were unanimously adopted on First Reading on August 19, 2008. PAGE 4 11. Items Relating to Bernard Ranch Phase 1. A. Second Reading of Ordinance No. 095, 2008, Authorizing the Conveyance of a Conservation Easement on City Natural Area Property (Bernard Ranch Phase 1) to Latimer County; and Authorizing a Related Grant Agreement with the Board of the Great Outdoors Colorado Trust Fund. B. Second Reading of Ordinance No. 096, 2008, Appropriating Unanticipated Grant Revenue in the Natural Areas Fund for Land Conservation. Ordinance No. 095,2008, authorizes the conveyance of an 880-acre conservation easement on Bernard Ranch, Phase 1, from the City's Natural Area Program to Latimer County and authorizes entering into a grant agreement with the Board of the Great Outdoors Colorado Trust Fund. The City will receive a $265,792 grant from Great Outdoors Colorado to support the conservation of the property. The grant requires that a conservation easement be placed on the property and conveyed to a qualified third party. The conservation easement acknowledges and protects the natural qualities of the property. It also allows continued ranching and other compatible activities. Ordinance No.096,2008,appropriates the funds to be received from GOCO into the Natural Areas Program for further land conservation efforts. Both Ordinances were unanimously adopted on First Reading on August 19, 2008. 12. Second Reading of Ordinance No. 097, 2008, Amendina the City Code by Repealing Sections Relating to Massa eg Therapy. This Ordinance, unanimously adopted on First Reading on August 19, 2008, repeals all provisions of the Code relating to the practice of massage, including the provisions establishing the Massage Licensing Authority. 13. Second Reading of Ordinance No. 101,2008,Extending the Period During Which the Fort Collins, Colorado Downtown Development Authority May Allocate and Collect in the Downtown Development Authority Tax Increment Fund a Portion of Property Taxes. This Ordinance, unanimously adopted on First Reading on August 19, 2008, allows the Downtown Development Authority (DDA)to extend the period during which a portion of the property taxes may be allocated,in accordance with the provisions of Senate Bill 170-08, and when collected, paid into the DDA's Tax Increment Fund. This extension is for 20 years. 14. Second Reading of Ordinance No. 102,2008,Authorizing the Conveyance of Two Waterline Easements on City Property to the City of Greeley and the East Latimer County and North Weld County Water Districts. The City of Greeley,the North Weld County Water District and East Larimer County Water Districts, (the "Districts") are in the process of acquiring the necessary easements for their waterline transmission projects ("GWET" and "NEWT") which are scheduled to begin construction in January 2009. The City of Fort Collins Engineering Department owns a PAGE 5 parcel of land at 1000 North College Avenue on which the City of Greeley and the Districts have requested easements for their projects. The City property was purchased for the future intersection of the realigned East Vine Drive and North College Avenue as shown on the Master Street Plan. In addition to the $2000 compensation, the City of Greeley has also agreed to demolish the existing building, as requested by City staff, and reseed the ground after construction is complete. This Ordinance, unanimously adopted on First Reading on August 19, 2008, authorizes the conveyances of the easements. 15. First Reading of Ordinance No. 104,2008,Appropriating Unanticipated Grant Revenue from the Office of National Drug Control Policy in the General Fund for the Larimer County Drug Task Force. Fort Collins Police Services applied to the Office of National Drug Control Policy on behalf of the Larimer County Drug Task Force for federal grant monies to help fund the investigation of illegal narcotics activities in Latimer County. The Larimer County Drug Task Force currently includes Fort Collins Police Services, Loveland Police Department, Latimer County Sheriff s Department,Estes Park Police Department and the Colorado State University Police Department. This grant award will be used to offset overtime costs of each participating agency. As the grant administrator,Police Services will assure funding to other participating agencies for their share of the federal funds. The City has received notification of the grant awards in the amount of $70,200 for 2007 and $101,250 for 2008. This Ordinance appropriates the $70,200 and $101,250 in new federal grant money. 16. First Reading of Ordinance No. 105,2008, Appropriating Unanticipated Grant Revenue in the General Fund for a Cultural Resources Survey and Authorizing the Transfer of Matching Funds Previously Appropriated in the Advance Planning Budget. This Ordinance appropriates $35,000 from the Colorado Historical Society for preparation of the Historic Context for Post-World War II commercial and residential architecture in Fort Collins, for the period from 1945 and 1967. A professional consulting firm will be hired to develop the historic context on post World War II commercial and residential architecture in Fort Collins, to conduct the intensive-level survey, and to prepare cultural resource inventory forms for 62 properties. 17. First Reading of Ordinance No. 106, 2008, Extending the Custodial Contracts for Porter Industries and Varsity Contractors Through December 31, 2009. Currently,most City buildings are cleaned after normal working hours. Because of the wide variation in facility usage by City employees and the public, janitorial companies must provide cleaning staff on multiple shifts of various length beginning after 4:00 p.m. and ending somewhere around 4:00 a.m. Switching to daytime cleaning will simplify the staffing requirements for the vendors and result in various cost savings for the City. Staff already conducts building maintenance and repair during the working day with minimal disruption of regular activities. Improvements in cleaning technology, including lower decibel vacuums, micro fiber cloths, and green chemicals allow cleaning operations to be less obtrusive. City staff is requesting that Council approve an extension of the agreements for an additional year so that the day cleaning transition can be made with existing contractors who know the buildings and will be stakeholders in the success of the effort. PAGE 6 18. Resolution 2008-079 Authorizing the City Manager to Execute an Intergovernmental Agreement with the American Water Works Association Research Foundation and Several Colorado Municipalities, and Other Participating Entities to Conduct a Research Study Regarding Climate Change and its Effect on Water Supplies alone the Front Range of Colorado. This Resolution authorizes the City to enter into an intergovernmental agreement with several other municipalities and organizations to conduct a research study to examine the possible effects of climate change on future available water supplies. The American Water Works Association Research Foundation has approved the research proposal and will contribute$80,000 toward the project. Participants in the project will provide an additional $120,000, with the City of Fort Collins contributing $10,000. 19. Resolution 2008-080 Reaffirming the Commitment of the City of Fort Collins to Continued Cooperation with the Town of Windsor in the Planning Design and Construction of the Interchange at Interstate Highway 25 and State Hi away 392, and Approving Certain Basic Principles Related to That Cooperative Effort. While both the Windsor Town Board and the Fort Collins City Council have committed to the 1601 Study to accelerate the planning, design and construction of the interchange improvements project, conditions have changed in the past few months. As a result, staff determined the timing was right to meet together again and discuss the ongoing partnership. The principles were identified and agreed to during a joint work session between the Fort Collins City Council and Windsor Town Board members held on August 4, 2008, relating to the on-going partnership for I-25/SH 392 Interchange Improvements Project. The joint meeting provided an opportunity to step aside and reconfirm the partnership and identify common ground,or differences,on a separate track,while at the same time keeping progress moving forward. 20. Resolution 2008-081 Appointing Two Representatives to the Colorado Municipal League Policy Committee. Appointments to the CML Policy Committee are made each fall and members serve for a one-year period. Each member municipality of the League is entitled to a representative,and all cities over 100,000 are entitled to designate two representatives. The Policy Committee is responsible for reviewing legislative proposals and recommending to the League Executive Board, positions of support, opposition, no position or amendment to a wide variety of legislation affecting cities and towns. At each annual conference in June, the Policy Committee proposes to the membership, revisions to the League's policies which guide League positions on public policy issues affecting municipalities. The Committee meets three or four times a year, before and during legislative sessions as well as in May prior to the annual conference. This Resolution appoints Councilmember Wade Troxell and City Manager Darin Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. END CONSENT PAGE 7 21. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 22. Staff Reports. 23. 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. 24. Resolution 2008-082 Directing the City Manager to Submit to the U.S. Army Coms of Engineers Comments on the Draft Environmental Impact Statement ("DEIS") for the Northern Integrated Supply Project("NISP")and Expressingthe he City Council's Opposition to NISP as Described in the DEIS. (20 minute staff presentation- 2 hour discussion) The Northern Integrated Supply Project(NISP)is a collaborative water project between the Northern Colorado Water Conservancy District (NCWCD) and twelve municipalities and water districts to increase regional water supply in northern Colorado. In order to proceed with NISP,a 404 permit must be issued by the US Army Corps of Engineers(Corps). A 404 permit cannot be issued until a final environmental impact statement(EIS) is issued by the Corps. The Corps issued a draft EIS for NISP on April 29th (officially on the 30th) and specified a comment period of 90 days, ending on July 30th. Based on requests by the City and others, the comment period was later extended to September 13, 2008. Adoption of the Resolution directs the City Manager to submit to the Corps prior to the comment deadline, a final set of comments generally consistent with this compilation, together with additional technical and procedural comments and explanation. The Resolution authorizes staff to continue to develop additional comments concerning possible impacts from NISP until the comment deadline of September 13th. The Resolution also states the City's opposition to NISP as it is described and proposed and any variant of NISP that does not address the City's fundamental concerns. PAGE 8 NISP involves the construction of two off-river reservoirs, Glade and Galeton. Glade Reservoir,approximately the size of Horsetooth Reservoir,would have a 170,000 acre foot capacity and would be located just north of Ted's Place along US 287. Galeton Reservoir would have a 40,000 acre foot capacity and would be located northeast of Greeley. Cache la Poudre River(Poudre) water near the mouth of the canyon would be pumped into Glade and conveyed to participating communities via a pipeline to Horsetooth Reservoir and/or through water exchanges. Staff intends to submit comments that address impacts to or from: water supply and treatment; water reclamation; Trichloroethylene (TCE); river sedimentation; riparian vegetation and wetlands; aquatic habitat and aquatic life; terrestrial wildlife; recreation; economics; aesthetics; and quality of life. Additional comments will identify deficiencies in the draft EIS including: inconsistencies; errors; omissions; incomplete information, modeling or analysis; unsubstantiated conclusions and the need for a supplemental DEIS (SDEIS) and a revised Clean Water Act Section 404(b)(1) analysis. Other comments will address concerns with mitigation measures proposed in the draft EIS and possible alternative mitigation options. Staff reviewed the comment themes with Council at the June 1 Oth Work Session. Since June 1 Oth, a considerable amount of additional work has been completed to develop and further elaborate the initial comment themes. Overall,however,the fundamental comment themes are essentially unchanged. 25. Second Reading of Ordinance No.072,2008 Amending Section 5.1.2 of the Land Use Code Pertaining to the Definition of Farm Animals and Amending Section 4-117 of the City Code Pertaining to Chickens. (5 minute staff presentation- 1 hour discussion) This is a citizen-initiated request for a Text Amendment to the Land Use Code. The proposal would amend Section 5.1.2 which is the definition of"Farm Animals." The effect of the change would allow up to six chicken hens in all zones of the City. Chickens are presently included in the Farm Animal definition and,therefore, are allowed only in the zones which allow Farm Animals(RUL,UE, RF). Additional regulatory and nuisance aspects are being added to Section 4-117, the Animal Control section of the City Code since First Reading. This Ordinance was adopted on First Reading on June 3, 2008, by a vote of 5-2. (Nays: Brown, Troxell) Since First Reading,staff has worked with the Latimer County Department of Public Health, the Latimer County Humane Society,and has researched other nearby communities regarding their experience with allowing chicken hens within an urban area. Information is provided regarding air quality. In addition, the Ordinance has been slightly revised to increase the level of specificity, add a mandatory registration system and a one-year review provision. 26. Pulled Consent Items. 27. Other Business. 28. Adiournment. PAGE 9 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.