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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 09/16/2008 - SUMMARY AGENDA City of • 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. REGULAR MEETING September 16, 2008 Proclamations and Presentations 5:30 • A. Proclamation Declaring the week of September 15-19, 2008 as Constitution Week. B. Proclamation Declaring September 20, 2008 as Cache la Poudre Chapter of the Daughters of the American Revolution Day. C. Proclamation Declaring October 3, 2008 as Science Day. Regular 11 • 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. 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 August 19, 2008 Regular Meeting. 7. Postponement of Second Reading of Ordinance No. 064, 2008, Amending Sections 23-83 and 24-2 of the City Code Pertaining to Awnings and Canopies over Sidewalks Indefinitely. On June 3, 2008, Council considered a Code amendment to allow for different awning overhang treatments in the downtown area. This action was precipitated by a request from a downtown restaurateur. Council adopted Ordinance No. 064, 2008 unanimously on First Reading,but expressed several concerns in terms of design considerations,use of materials, signage,and historical accuracy. Council directed staff to engage the planning and historical preservation staff to discuss these concerns prior to Second Reading. Engineering staff postponed Second Reading until the September 16, 2008, in order to meet with appropriate staff. 1 PAGE 3 Engineering staff convened a meeting of Engineering,Historical Preservation and Planning staff to discuss the issues and to develop a game plan to move forward. It soon became apparent that this issue has grown to be much more than a simple Code amendment. A more complete, comprehensive analysis of downtown design standards appears to be necessary. Staff recommends that Council postpone this item indefinitely on Second Reading,with the proviso that the Planning,Development and Transportation staff will convene a work group and develop a project scope and budget proposal to address Council's concerns as they relate to the downtown area design standards. Staff will return to Council either late 2008 or January 2009 with a proposal. 8. Second Reading of Ordinance No. 103,2008,Adopting Minimum Standards for Commercial Aeronautical Activities at the Fort Collins-Loveland Municipal Airport. The Airport has not previously adopted minimum standards for commercial aeronautical operations occurring at or around the Airport. However, the FAA recommends that all federally funded airports adopt minimum standards. This Ordinance,unanimously adopted on First Reading on August 19, 2008,authorizes the adoption of those minimum standards. Public comments received during First Reading at the August 19th City Council meeting concerned changing language in Article Three,which deals with"Retail Self Service Fueling Operator" standards. The Airport Steering Committee met on August 21 st and conducted detailed discussions with representatives from the FNL Pilots Organization concerning their comments about Article Three. At this meeting it was agreed by all parties present,that the importance of approving Minimum Standards for the Airport takes precedence over proposing changes that would further delay adoption of the Standards. At this meeting,the Steering Committee and staff committed to meeting with all interested parties to discuss their concerns. On September 2, 2008, such a meeting was held with a good exchange of information and all parties agreed to continue follow-up meetings as more information is gathered. 9. Second 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. This Ordinance,unanimously adopted on First Reading on September 2,2008,appropriates grant funds received by the City for the Larimer County Drug Task Force from the Office of National Drug Control Policy. These funds are to be used to fund the investigation of illegal narcotics activities in Larimer County. 10. Second 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,unanimously adopted on First Reading on September 2,2008,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 PAGE 4 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. 11. Second 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. This Ordinance, unanimously adopted on First Reading on September 2,2008,approves an extension of the agreements with the custodial contractors 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. 12. First Reading of Ordinance No. 107, 2008, Authorizing? the Conveyance to the City of Greeley of a Permanent Waterline Easement and a Temporary Construction Easement on the City-Owned Dry Creek Stormwater Wetland. The City of Greeley is in the process of building a 30-mile,60-inch pipeline that will provide water from its Bellvue water treatment plant located northwest of the City of Fort Collins to the residents of the City of Greeley and surrounding towns. As part of this project, the City of Greeley is constructing a portion of the new waterline across the Dry Creek Stormwater Wetland located south of Vine Drive and east of North Lemay Avenue. Greeley has requested a 50-foot permanent easement and a 75-foot temporary construction easement from the Natural Areas Program. The area to be impacted by this project consists of 0.449 acres within the permanent easement and another 0.656 within the temporary easement. 13. Postponement of Items Relating to the Adoption of the 2006 International Property Maintenance Code(IPMC)®with Local Amendments That Update the City Code Rejzulating Corrective Measures Relating to Existing Building Conditions and Rental Housing Standards to October 7, 2008. A. Hearing and First Reading of Ordinance No. 108,2008,Amending Chapter 5,Article Il, Division 3, of the City Code for the Purpose of Adopting the 20061nternational Property Maintenance Code (IPMC)®, with Amendments B. First Reading of Ordinance No. 109,2008,Amending Chapter 5,Article VI,Division 2, of the City Code Relating to Supplemental Rental Housing Provisions. These Ordinances address physical deterioration,health and safety conditions that affect the well-being of neighborhoods, buildings, and residents of Fort Collins. Together, the proposed regulatory tools will enhance the City's ability to provide the community with improved preventative measures. 1 PAGE 5 Staff is requesting postponement of this item until October 7,2008 to allow sufficient time for the public to review the ordinances and supporting documents. 14. Items Relatina to the Annexation of the Eagle View Natural Area. A. Resolution 2008-083 Finding Substantial Compliance and Initiating Annexation Proceedings for the Eagle View Natural Area First Annexation. B. Resolution 2008-084 Finding Substantial Compliance and Initiating Annexation Proceedings for the Eagle View Natural Area Second Annexation. The proposed Resolutions make findings that the voluntary petitions for annexation for the Eagle View Natural Area First Annexation and the Eagle View Natural Area Second Annexation substantially comply with the Municipal Annexation Act, determine that a hearing should be established regarding the annexations,and directs that notices be given of the hearings. The hearings will be held at the time of first readings of the annexation and zoning ordinances, scheduled for October 21,2008. Not less than thirty days of prior notice is required by State law. These annexation requests are in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan (City Plan), the Larimer County and City of Fort Collins Intergovernmental Agreements, the City of Fort Collins Land Use Code, and the Fossil Creek Reservoir Area Plan. There are no issues or known controversies associated with these annexations. 15. Resolution 2008-085 Authorizing the Lease of a Portion of the City-owned Propertyat t 250 North Mason Street For Up to Two Years. Since the Transit Center became operational,the City has leased an office to a company that has provided over-the-road bus service at the Center. The current tenant is Greyhound Lines, Inc. Greyhound's lease will expire September 30, 2008 and the company has expressed a desire to continue leasing the premises. This service has been beneficial to the community and staff would like to continue leasing the premises to the current tenant. The proposed lease agreement is for the rental of approximately 190 square feet of office space and an outdoor bicycle/storage unit. The new lease term would be for one year, with the City having the option to renew for an additional one-year term. The annual rental would be at least$3,800. The tenant would be required to carry commercial general liability insurance,commercial automobile liability insurance and worker's compensation insurance. 16. Resolution 2008-086 Repealing Resolution 2008-052 and Approving the Programs and Proiects That Will Receive Funds from the Federal Community Development Block Grant (CDBG)and Home Investment Partnerships(HOME)Programs,the City's Human Services Program Fund and Affordable Housing Fund. On June 3, 2008, the City Council passed Resolution 2008-052 that established which programs and projects will receive funding with CDBG funds for the FY 2008 Program year (Entitlement Grant and Program Income), which starts on October 1, 2008, and which programs will receive funds from previous CDBG and HOME fiscal years(Reprogrammed PAGE 6 and Unprogrammed funds) and from the City's Human Services Program and Affordable Housing Fund. The CDBG Commission presented a list of recommendations as to which programs and projects should receive funding. After adoption of Resolution 2008-052,staff discovered an error in the allocation of available HOME Community Housing Development Organization (CHDO) funds. Staff erroneously assigned CHDO funds to the Fort Collins Housing Authority(FCHA) instead of the Fort Collins Housing Corporation(FCHC). The FCHC is eligible to utilize HOME CHDO funds while the FCHA is not eligible to do so. Resolution 2008-086 corrects the errors made in Resolution 2008-052. There are no changes to the amounts of funding to each of the applicants approved by the Council in Resolution 2008-052. The only changes made by Resolution 2008-086 to the funding allocations made in Resolution 2008-052 are changes with regards to which funding source will be used to fund individual projects/programs. The changes only apply to funding for affordable housing projects/programs, funding for public service programs are not affected. 17. Resolution 2008-087 Authorizing the Purchasing Agent to Enter Into a Professional Services Agreement With McGladrev & Pullen LLP, Certified Public Accountants, for Auditing Services. Article II, Section 17 of the Charter requires the Council to provide for an annual independent audit of the financial transactions of the City. C.R.S. §29-1-603 requires"the governing body of each local government in the state shall cause to be made an annual audit of the financial statements of the local government for each fiscal year." In addition,a local government that spends over$500,000 of federal financial assistance (as is the case for the City)must have additional audit procedures performed and reports issued in accordance with the Single Audit Act as outlined in Office of Management and Budget Circular A-133. The City is considered to have met these requirements when a licensed firm of certified public accountants "signs off' on the City's audit and issues the proper reports. The auditor selection process was designed to ensure that the selected firm exceeds the minimum requirements and with knowledge and experience in auditing similar entities. After completion of the audit, the auditor submits an opinion on the City's financial statements that is included in the Comprehensive Annual Financial Report (CAFR). The report is completed by May 31 and made available for public distribution after it is printed in June. The auditor also issues Federal Awards Reports in compliance with the Single Audit Act and OMB Circular A-133. Upon completion,the report is sent to the appropriate federal and state agencies and is made available for public inspection. Additionally, a report commonly called a Management Letter is issued to the Council that provides suggestions for improving financial related policies and procedures. 18. Routine Easement. A. Easement for construction and maintenance of public utilities from Ray B. and Audrey A. Hess, to replace existing oil switch with above grade oil switch, located at 400 Jefferson. Monetary consideration: $1155. END CONSENT PAGE 7 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. Second Readinia of fOrdinanceNo. 102.2008.AuthorizingtheConveyanceofTwoWaterline Easements on City Property to the City of Greeley and the East Larimer County and North Weld County Water Districts. (10 minute discussion) 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 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. City staff will continue to assist Larimer County to uphold the conditions set forth in the approval of the project by the Latimer County Planning Commission on October 17, 2007 for the areas impacted by the project lying in Larimer County's jurisdiction. PAGE 8 23. Resolution 2008-088 Authorizing the City Manager to Execute a Long-term Airport Access Agreement with Rocky Mountain Airport Investments, LLC and Intergovernmental Agreements with Metropolitan Districts at the Fort Collins-Loveland Airport. (15 minute staff presentation - 1 hour discussion) Beginning in 2007, City staff from Fort Collins and Loveland worked on a proposal by Rocky Mountain Airport Investments,LLC(the"Developer")to develop an airpark located to the southeast and north of Airport,and access the airfield for limited aeronautical purposes through-the-fence. The Developer owns 200 acres adjacent to the Fort Collins—Loveland Municipal Airport(Airport),the property is divided into two parcels;one is identified as the north parcel and the other is the southeast parcel. The Access Agreement contemplates a 50 year Airport access easement, with a 30 year extension to permit the airpark to access the airfield from its property for limited aeronautical uses which are defined in detail in the Agreement. The 30 year extension would occur only if the Developer successfully acquires a Fixed Base Operator(FBO)lease with the Cities and invests an estimated $7.0 million into improving and upgrading the FBO facilities. The current FBO facilities are in need of significant upgrades. In return for the access to the Airport,the Developer will create a metropolitan district that includes the Airpark properties, and will commit 5 mills of property taxes to the Airport in exchange for access. The payment from the Metro District satisfies the Airpark's need to provide an access fee to the Airport. This revenue projection for the first ten years of the Metro District payment beginning in 2011 equals $2.4 million. Any revenue generated by the Airport is restricted to Airport uses and cannot be returned to the owner cities per FAA regulations. 24. Public Hearing and Resolution 2008-089 Conditionally Approving the Anheuser Busch Park and Recreation District Service Plan. (15 minute staff presentation- 30 minute discussion) Anheuser-Busch is proposing to create a Parks and Recreation District on approximately 18 acres of the property immediately north of the Fort Collins brewery. The land in the District is proposed to consist of two uses: a wildlife habitat area, and a softball field with related facilities. A Service Plan for the District was submitted to the City on August 4, 2008. For the City Council to approve the proposed Service Plan for the District, certain findings of fact must be made that are outlined in State Statutes. Staff s opinion is that this District meets the requirements. 25. Resolution 2008-081 Appointing Two Representatives to the Colorado Municipal League Policy Committee. (15 minute discussion) 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 T PAGE 9 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 and City Manager Darin Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. 26. Pulled Consent Items. 27. Other Business. 28. Adjournment. 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. i RT COLLINS urban renewal authority Doug Hutchinson, President City Council Chambers Kelly Ohlson, Vice-President City Hall West Ben Manvel Lisa Poppaw 300 LaPorte Avenue Diggs Brown Fort Collins, Colorado Wade Troxell at the conclusion of the Regular Council meeting David Roy Cablecast on City Cable Channel 14 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 JDD 224-6001)for assistance. MEETING AGENDA September 16, 2008 1. Call Meeting to Order. 2. Roll Call. 3. Resolution No. 011 Approving an Agreement Between the Fort Collins Urban Renewal Authority and 1908 North College. LLC to Provide Financial Assistance for the North College Marketplace. (20 minute staff presentation - 1 hour discussion) Loveland Commercial, LLC ("Project Applicant') is proposing to build a large retail site anchored by a 123,000 square foot King Soopers that utilizes a new retail concept based upon offering general merchandise(clothing,electronics,etc.)in addition to the traditional grocery product. This store would be the new"marketplace"concept for King Soopers on the Front Range. In addition to the large King Soopers, there will be multiple pad sites for banks, restaurants, retail, fast food, and a gas pad increasing the project retail square footage to 175,000. Due to extraordinary project site constraints as well as generating a reasonable return on investment,the project applicant has requested URA participation on public improvements totaling $8 million. Staffs opinion is that this project will serve as a "catalyst' project stimulating additional retail and commercial opportunities in the North College Urban Renewal Plan Area. For this reason, staff believes the described financial support for this project is worthy of URA Board approval. 4. Other Business. 5. Adjournment. City of City Clerk 300 LaPorte Avenue PO Box 580 Fort F7 ,t Collins 970.221 .16295 O a 0522 o 970.221 .6515 fcgov. com PUBLIC NOTICE Posted on September 15 , 2008 At its regular meeting on September 16, 2008 , the Fort Collins City Council will consider under Other Business, a possible motion to approve an application for a grant from the Colorado Department of Local Affairs . The proposed projects in the grant application are intended to further the goals of FortZED, a Zero Energy District in the downtown area of Fort Collins and Colorado State University with the stated goal of using zero energy on an annual basis . The regular City Council meeting will begin at 6 : 00 p . m. in the Council Chambers, City Hall West, 300 LaPorte Avenue.