Loading...
HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 08/19/2008 - SUMMARY AGENDA COUNCILCity of Fort Collins CITY ' ' 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 CTDD 224-6001)for assistance. REGULAR MEETING August 19, 2008 Proclamations and Presentations 5:30 • A. Proclamation Declaring Decisiveness as the Character Focus for August 2008. B. Proclamation Declaring August 22-24, 2008 as Peace Corps and Friends Celebration Days. C. Proclamation Declaring August 30, 2008 as Maury Albertson Day. 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 32. 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. 39,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 1,2008 Regular Meeting and the July 8, 2008 Adiourned Meeting_ 7. Second Reading of Ordinance No. 076, 2008, Appropriating Funds in the Downtown Development Authority Fund for Expenditure in Accordance with the Downtown Plan of Development. Ordinance No. 076, 2008, unanimously adopted on First Reading on July 1, 2008, appropriates $2,800,000 from the Downtown Development Authority Operations and Maintenance 2004A DDA Bond Project and the 2007A Bond Project fund for the purchase of the Elks Building, 140 East Oak Street. The DDA Board has authorized the expenditure on this project. PAGE 3 8. Second Reading of Ordinance No. 083 2008 Amending Chapter 3 of the City Code to Include Art Gallery Permits. This Ordinance, unanimously adopted on First Reading on July 15, 2008, amends the City Code to include the fees and approval process for Art Gallery Permits. 9. Items Relating to Relocating Certain Provisions of the City Code Relzarding Unreasonable Noise and Nuisance Gatherings to Chapter 17, Relocating Provisions Regarding Snow Removal to Chanter 20, and Makin? Amendments to the Penalty Provisions for Civil Infractions. A. Second Reading of Ordinance No. 084, 2008, Relocating Certain Provisions of the City Code Regarding Unreasonable Noise and Nuisance Gatherings to Chapter 17 and Relocating Certain Provisions Regarding Snow Removal to Chapter 20. B. Second Reading of Ordinance No.085,2008,Amending Certain Sections of the City Code and the Land Use Code Pertaining the Penalties for Civil Infraction Violations Ordinance No. 084, 2008,relocates certain provisions within Chapter 17 and 20 of the City Code in order to place them logically within the Code for consistency and clarity of enforcement mechanisms. On Second Reading, minor changes were made to delete the reference to the old unreasonable noise citation and replace it with the new section number and also to add"from the sidewalk"to the title of Section 20-102 relating to the removal of snow and ice. Ordinance No. 085,2008,clarifies the penalties for civil infractions. Under this Ordinance, the third and subsequent violations of the same Code provision within a twelve-month period of time could be charged and prosecuted as criminal misdemeanors. On Second Reading, Section 20-102 has been revised to make that provision consistent with the other provisions that were approved on First Reading. 10. Second Reading of Ordinance No. 086,2008,Extending the Contracts of the Citv's Service Providers for Employee Benefits Programs to December 31, 2009 The vendors providing life insurance, dental insurance, vision insurance, and transplant insurance for City employees have serviced the City of Fort Collins for many years. This Ordinance,unanimously adopted on First Reading on July 15,2008, approves an extension of the current agreements with these vendors for an additional year to allow for sufficient time and resources for a competitive process to be completed in 2009. 11. Second Reading of Ordinance No. 087, 2008, Authorizing the Lease of the Prairie Ridge Natural Area for Drvland Wheat Farming for un to Three Years. This Ordinance,unanimously adopted on First Reading on July 15,2008,authorizes the lease of the Natural Area owned jointly by the Cities of Loveland and Fort Collins, located south of Fort Collins and west of Taft Hill Road. The property has been leased to the same tenant for eight years and will be used for rotational wheat crops. PAGE 4 12. Second Reading of Ordinance No.090,2008,Authorizing the Conveyance of Two Waterline Easements and Two TempoLM Construction Easements on City Property to the North Weld County Water District and the East Larimer County Water District The North Weld County Water District and East Larimer County Water District are in the process of acquiring the necessary easements for their waterline transmission project ("NEWT") which is scheduled to begin construction in January 2009. The City of Fort Collins Parks Department owns two parcels of land on which the Districts have requested an easement for their project. The North Weld County Water District has agreed to pay the City a fee of$1000 for the easements and will restore the easement areas when construction is complete. This Ordinance, unanimously adopted on First Reading on July 15, 2008, authorizes the conveyance of the two easements. This Ordinance has been revised on Second Reading to add the East Larimer County Water District as a grantee. The NEWT project is being constructed jointly by both the North Weld County Water District (NWCWD) and the East Larimer County Water District (ELCO). Both entities are requesting the use ofthe waterline easement included in Ordinance No.090, 2008. 13. First 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. The grant period will run from July 1, 2008 through June 30, 2009. 14. First Reading of 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 ppropriated in the Police Services Operating Budget This Ordinance 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. 15. Items Relating to the Civic Center Parking Structure. A. First 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. First Reading of Ordinance No.094,2008, Appropriating Prior Year Reserves in the General Fund for Repayment to Larimer County for the County's Contribution PAGE 5 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 Larimer 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 (Item #21 on this agenda), 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 the contribution it made on behalf of the DDA in 1998. 16. Items Relating to the I-25/SH 392 Interchange and Improvements Project. A. Resolution 2008-058 Authorizing the Mayor to Execute an Amendment to the Intergovernmental Agreement Regarding Highway 392 Interchange Between the City, the Town of Windsor and Metro Acquisitions, LLC. B. First Reading ofOrdinance 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 SH392Interchange and Improvements Project. This Resolution authorizes an amended Intergovernmental Agreement between the Town of Windsor,City of Fort Collins,and the Developer(Metro Acquisitions,LLC)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 appropriates Fort Collins' portion of the cost for these processes. The amended Intergovernmental Agreement divides the cost between Windsor,Fort Collins, and the Developer and increases the capped contribution from Fort Collins from$38,391 to $53,690. 17. Items Relating to Bernard Ranch Phase 1. A. First Reading of Ordinance No. 095, 2008, Authorizing the Conveyance of a Conservation Easement on City Natural Area Property(Bernard Ranch Phase 1)to Larimer County; and Authorizing a Related Grant Agreement with the Board of the Great Outdoors Colorado Trust Fund. B. First Reading of Ordinance No. 096, 2008, Appropriating Unanticipated Grant Revenue in the Natural Areas Fund for Land Conservation. PAGE 6 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 Larimer 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. 18. First Reading of Ordinance No. 097,2008,Amending the City Code by Repealing Sections Relating to Massage Therapy. This Ordinance repeals all provisions of the Code relating to the practice of massage, including the provisions establishing the Massage Licensing Authority. 19. First Reading of Ordinance No. 098,2008 Amending Chapter 26 of the City Code Relating to the Provision of Electric Service. Proposed changes to Chapter 26 of City Code clarify that the City's Utility is the sole provider of retail electric service within the City. An exception has been added to clarify that a property owner can provide electric serve to his or her own property when certain conditions are met. Clarification has been added about when franchise requirements must be met. Additionally,language specifying that parallel generation must be through a qualifying facility to ensure safe operation in coordination with the City's electric system has been added. 20. Items Relating to Contracts with Platte River Power Authority. A. First Reading of Ordinance No. 099, 2008, Authorizing an Amended and Restated Organic Contract for Platte River Power Authority. B. First Reading of Ordinance No. 100, 2008, Authorizing an Amended and Restated Contract With Platte River Power Authority for the Supply of Electric Power and Energy. The Organic Contract between PRPA and member cities of Estes Park, Fort Collins, Longmont and Loveland was originally signed in 1975 and last amended in 1998. A change to the Organic Contract requires the approval of all four member municipalities. The proposed changes add renewable resources as a type of resource PRPA will develop and adds a requirement that PRPA will develop products and services in support of efficiency improvements. The expiration dates of the appointed Board of Directors are also made current. Changes also allow the Directors to participate in PRPA Board meetings by teleconference. Also,the updates to the Organic Contract provide the PRPA Board with the authority to appoint an interim PRPA General Manager if necessary. The contract term will be extended from 2040 to 2050. PAGE 7 In addition, staff proposes changes to update the Contract for the Supply of Electric Power and Energy which include amending it to add terms currently contained in a Transmission Facilities Agreement. Changes to the Organic Contract call for termination of the Transmission Facilities Agreement. 21. First 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 The Downtown Development Authority(DDA)is asking Council 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. 22. First Readine of Ordinance No. 102, 2008,Authorizin the he 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, along with 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. 23. First 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 authorizes the adoption of those minimum standards. 24. Resolution 2008-070 Authorizing the City Manager to Execute a Capital Funding Grant Agreement with the Federal Aviation Administration for Improvements at the Fort Collins- Loveland Airport. This Resolution approves an FAA Grant Agreement in the amount of$258,394. These funds will be used for completing a portion of security fencing and access control gates on the Fort Collins-Loveland Airport. The bids for this work were received earlier this spring. PAGE 8 25. Resolution 2008- 071 Approving the Final Draft Report for the Downtown River District Proiect. The Downtown Development Authority(DDA)and the City of Fort Collins, along with the consulting team of HDR Engineering and BHA Design,jointly developed the Downtown River District design project to address existing deficiencies and the lack of sufficient public infrastructure to support infrll development and redevelopment in the Downtown River District area. The Downtown River District design project and report was co-sponsored and managed by the City and the DDA. 26. Resolution 2008-072 Adopting the Cultural Plan. Including the Cultural Facilities Plan.. This Resolution will adopt the Cultural Plan as a guiding document for the work of the Cultural Services Department and for community-wide efforts in ensuring that arts,culture, and science thrive in this community,add to the excellent quality of life,help drive the local economy and tourism, and become an integral part of Fort Collins' unique identity. Adoption of the Plan does not bind Council to implementation of any specific recommendation,and any recommendation measure in the plan that requires Council action, including funding requests,would be brought to Council for consideration on a case-by-case basis. 27. Resolution 2008-073 Authorizing the Execution of an Amendment Extending the Term of an Intergovernmental A rg eement Between the City of Fort Collins. the City of Longmont. and Platte River Power Authority Relating to the Operation of a Joint Customer Information System. In January 1998, the cities of Longmont and Fort Collins entered into a 10-year intergovernmental agreement with Platte River Power Authority to purchase and operate a joint customer information system on behalf of the two cities. The amendment to the intergovernmental agreement is necessary to extend the term of the agreement for 2 years. During the additional two year period,the parties intend to consider further amendments to the intergovernmental agreement. 28. Resolution 2008-074 Authorizing an Intergovernmental Agreement Between the City and the Fort Collins Regional Library District to Lease Back Library Park to the City of Fort Collins. In December 2007, the City, Latimer County and the Library District entered into an Intergovernmental Agreement ("IGA") detailing distribution of City-owned assets used to provide library services to the Library District. Under this IGA, the City agreed to convey a portion of Library Park to the Library District along with the Main Library building. The Library District agreed its portion of Library Park will still be used as a park until the Library District needs the land for other purposes. The Library District asked if the City would be willing to continue to manage Library Park during the interim period. PAGE 9 29. Resolution 2008-075 Establishina Fees Charged by Fort Collins Municipal Court Relating to the Release of Criminal Justice Records. The Fort Collins Municipal Court assesses various costs and fees, in addition to fines and other penalties. The Colorado Criminal Justice Records Act allows criminal justice agencies to"assess reasonable fees,not to exceed actual costs,including but not limited to personnel and equipment, for the search, retrieval and copying of criminal justice records." The Act also requires that the amount of such fees in this instance be set by City Council. Approval of the change in the Fee Schedule will allow Fort Collins Municipal Court to comply with HB 08-1076, which became effective August 6, 2008. 30. Resolution 2008-076 Reestablishing a Telephone Exchange Access Facility Charge and a Wireless Communications Access Charge for the Latimer Emergency Telephone Authority Effective January 1. 2009. This Resolution authorizes telephone and wireless telephone service providers to collect a telephone exchange access facility charge and wireless communications access charge for Emergency 911 telephone services. 31. Resolution 2008-077 Authorizing the Lease of 913 Square Feet of City-owned Property Located at 200 West Mountain Avenue, Suite A.For Up to Two Years as Part of the Rocky_ Mountain Innovation Initiative ("RMIZ") Program. Since the summer of2004,the City has leased space to RMII and its participating companies. Currently, RMI2 leases space in Suites A and C at 200 West Mountain Avenue and 321 Maple Street. This Resolution is a request for authorization to amend the lease between RMI2 and the City to include the 913 square feet of conference room and restroom space in Suite A. 32. Routine Easements. A. Easement for construction and maintenance of public utilities from Poudre School District, for a right-of-way and easement to install padmount switch gear to underground existing electric system,located at Rock Creek and Ziegler. Monetary consideration: $1224. B. Deed of dedication for sanitary sewer easement from JAMN, LLC, for a sanitary sewer, located near Taft Hill Road and County Road 38E intersection. Monetary consideration: $0. END CONSENT 33. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. PAGE 10 34. Staff Reports. 35. Councilmember Reports. Discussion Items 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. 36. Second Reading of Ordinance No. 088, 2008, Amending Chapter 20 of the City Code by Adding Regulations Pertaining Specifically to Dirt Yards and Dilapidated Fences. (5 minute staff presentation - 15 minute discussion) This Ordinance,adopted on First Reading by a vote of 5-2(nays: Brown,Troxell),addresses physical deterioration of properties that affect the well-being of neighborhoods in Fort Collins. The proposed regulatory tools would enhance the City's ability to provide the community with improved preventative measures. The Ordinance has been amended on Second Reading so that it applies only when violations are visible from the public street and/or sidewalk (not from the alley or a neighboring property). Staff will also continue to work on the most efficient and cost-effective way to administer a grant program for low-income, owner-occupied properties. Amy Irwin, Larimer Home Improvement Program (LHIP) coordinator, has stated they would be willing to administer this program as another section of the current LHIP program. They already have a system in place for income verification that will work well for this program. Administrative dollars will be required to do this, but the costs would be low since it will be in collaboration with Neighborhood Services. Neighborhood Services will be responsible for informing the homeowner about the violation and how to contact LHIP for assistance. LHIP would verify income, provide a list of contractors to use for the work and process payment to the contractor. Neighborhood Services would follow-up with re-inspections to verify compliance. If Neighborhood Services administered this program,rather than collaborating with LHIP, resources would be needed for program start-up (staffing, forms, income qualification formula and process, etc.) PAGE 11 At Council direction, staff is exploring the implications of changing the name of the Nuisance Chapter of the City Code. 37. Second Reading of Ordinance No. 089, 2008 Amendiniz Chapter 26 of the City Code to Reflect the Adoption of the Boxelder Regional Stormwater Master Plan. (5 minute staff presentation - 30 minute discussion) Ordinance No. 089, 2008, adopted on First Reading by a vote of 5-2 (nays: Poppaw, Roy), amends City Code to reflect the adoption of the Boxelder Regional Stormwater Master Plan. The Master Plan contains$12.5 million in regional flood control projects which benefit the Town of Wellington, Latimer County, and the City of Fort Collins. These improvements will be funded by the participating agencies. 38. Resolution 2008-078 Giving.Preliminary Approval to the Use of City-owned Property as the Site of a Downtown Amphitheater and Directing the City Manager to Work with the Downtown Development Authority.the Beet Street Board of Directors and Latimer County to Develop a Plan for Utilizing Such Site for that Purpose. (10 minute staff presentation - 30 minute discussion) HOK Venue was selected through the City's purchasing procedure to conduct a site analysis, economic feasibility analysis, and to take the amphitheater through conceptual design. HOK's team included the local offices of EDAW. The team evaluated eight sites within walking distance of the intersection of College and Mountain Avenues. The consultants recommended the southeast quadrant of the Justice Center block as the preferred site. Resolution 2008-078 would give preliminary approval to the site selection and direct staff to further explore the feasibility of using the Justice Center site for that purpose. 39. Pulled Consent Items. 40. Other Business. 41. 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.