HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 01/06/2009 - SUMMARY AGENDA City of
ort Collins • . .
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
Darin Atteberry, City Manager
Steve Roy, City Attorney
Wanda Krajicek, City Clerk
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
January 6, 2009
Proclamations and Presentations
5:30 •
A. Proclamation Declaring "Generosity"as the Character Focus for January 2009.
B. Proclamation Declaring January 19, 2009 as Martin Luther King Day.
C. Proclamation Declaring January 2009 as School Board Recognition Month.
Regular •
11 •
PLEDGE OF ALLEGIANCE
1. CALL MEETING TO ORDER.
2. ROLL CALL.
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Presentation Dr. TonyUniversity
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Presentation of i
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 16. 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. 21 , 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;
0 Routine administrative actions.
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6. Consideration and Approval of the Minutes of the December 2 and December 16 2008
Regular Meetings and the November 25 and December 9 2008 Adjourned Meetings
7. Second Reading of Ordinance No. 160, 2008 Amending Chapter 9 of the City Code and
Adopting by Reference the 2006 International Fire Code. with Amendments
The City of Fort Collins has historically adopted the Uniform Fire Code (UFC) as a model
for the identification, correction and prevention of fire safety hazards. Currently, the City
is administering the 1999 Edition. Ordinance No. 160,2008,unanimously adopted on First
Reading on December 16, 2008,adopts the 2006 International Fire Code by reference and
will replace the now outdated 1999 UFC currently in use.
8. Second Reading of Ordinance No. 161,2008 Amendin the he City Code to Establish Marking
Requirements.
This Ordinance,unanimously adopted on First Reading on December 16,2008 requires the
use of chalk-based paint in the Old Town Area and on decorative surfaces throughout the
city, except under certain conditions. Markings are defined in the proposed ordinance to
include any mark to show the location of underground facilities or to mark other design or
construction-related specifications,features or limits. Markings made with water-based paint
must be properly removed within 45 days of the request, except under certain conditions.
In a situation that requires markings to be made utilizing water-based paint, the person
making the request through the Colorado Notification Association will be responsible for
their removal. If the person making the request is unknown, such as when an engineering
company contracts directly with a locate company instead of through the Notification
Association, then the person causing the marking to be made will be responsible for
removing the marking.
The Ordinance has been revised on Second Reading to clarify the distinction between the
markings requirements on decorative surfaces and in the Old Town Area,versus those made
elsewhere in the City. A few other changes were made to make the language more readable.
Also, the definition of "Old Town Area" has been changed to include a slightly broader
geographic area than that included in the definition on First Reading.
9. Items Relating to the Gateway Second and Third Annexations Withdrawn from
Consideration.
Gateway Second Annexation
A. Resolution 2008-135 Rescinding Resolution 2008-112.
B. Resolution 2008-136 Setting Forth Findings of Fact and Determinations Regarding
the Gateway Second Annexation.
C. Hearing and Second Reading of Ordinance No. 153, 2008, Annexing Property
Known as the Gateway Second Annexation to the City of Fort Collins, Colorado.
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D. Hearing and Second Reading of Ordinance No. 154, 2008, Amending the Zoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Gateway Second Annexation to the City of Fort Collins, Colorado.
Gateway Third Annexation
A. Resolution 2008-137 Rescinding Resolution 2008-113.
B. Resolution 2008-138 Setting Forth Findings of Fact and Determinations Regarding
the Gateway Third Annexation.
C. Hearing and Second Reading of Ordinance No. 155, 2008, Annexing Property
Known as the Gateway Third Annexation to the City of Fort Collins, Colorado.
D. Hearing and Second Reading of Ordinance No. 156, 2008, Amending the Zoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Gateway Third Annexation to the City of Fort Collins, Colorado.
These Ordinances, which would annex certain portions of the I-25 right-of-way, were
adopted unanimously on First Reading on December 2, 2008, together with ordinances
commencing the Gateway First Annexation,which consists of property within the Arapaho
Bends Natural Area and adjacent portions of Harmony Road. The Gateway First Annexation
was unanimously adopted on Second Reading on December 16, 2008.
However,consideration of the Gateway Second and Third Annexations was continued from
the December 16,2008 meeting to allow additional time to determine whether the ongoing
mediation between the City and the Town of Timnath,which is related to these annexations,
would result in an agreement between the two parties. Such an agreement has been reached.
Therefore, staff is recommending that this item be withdrawn from the agenda and not
further considered by the Council.
10. First Reading of Ordinance No. 001, 2009, Appropriating Unanticipated Grant Revenue in
the General Fund for the Police Services Victim Services Team.
The Fort Collins Police Services Victim Services Team has been awarded a 12-month grant
in the amount of$34,000 for the period from January 1, 2009 through December 31, 2009,
by the Eighth Judicial District Victims Assistance and Law Enforcement(V.A.L.E.)Board
to help fund services provided by this team. The funds will be used for a part-time paid
victim advocate who provides crisis intervention services during weekday hours and is
housed in the Victim Services office. These funds will also pay for some of the operational
expenses needed to provide 24-hour a day, 7-day a week services to victims of crime in the
community.
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11. First Reading of Ordinance No.002,2009,Appropriating Proceeds from the Issuance of City
of Fort Collins.Colorado,Wastewater Utility EnteMrise,Sewer Revenue Refunding Bonds
Series 2009, Scheduled to be Sold the Week of January 20 2009 In the Maximum
Aggregate Principal Amount of$34,000,000 in the Wastewater Utility Fund
Immediately following the January 6, 2009 regular Council meeting, the Board of the
Wastewater Utility Enterprise will consider on Second Reading, an Ordinance which
authorizes the issuance of City of Fort Collins Colorado, Wastewater Utility Enterprise,
Sewer Revenue Bonds, Series 2009, in the Maximum Aggregate Principal Amount of
$34,000,000. The Bonds will be issued to pay for a major capital improvement project at the
Mulberry Reclamation Facility.
The passage of the TABOR Amendment by the Colorado voters in 1992, required the City
to form enterprises in order for its utilities to be able to issue municipal bonds without an
election. Since that time, all utility bonds have been issued by the appropriate utility
enterprise. However,the City Charter grants only the Council the power to appropriate the
funds. Therefore, this action by the Council is necessary in order to appropriate the bond
proceeds for the Wastewater Utility. Authorizing the issuance ofthe bonds and appropriating
the proceeds are both necessary to complete the bond transaction. The final rates will be
determined by selling the bonds at a competitive sale in January 2009.
12. First Reading of Ordinance No. 003, 2009, Amending Section 2-428 of the City Code
Expanding the Functions of the Transportation Board to Include the Establishment of a
"Bicycle Advisory Committee."
As recommended in the 2008 Bicycle Plan adopted by City Council on October 7,2008,the
City is implementing the formation of a Bicycle Advisory Committee. The Fort Collins
Bicycle Advisory Committee (BAC) is proposed as a citizen advisory committee which
reports to the City of Fort Collins Transportation Board. BAC members will have interest
in or knowledge of bicycling related issues. The BAC's role will be to review issues related
to bicycling in the areas of engineering, enforcement, education, encouragement,
environment, community, and economy, as noted in the 2008 Bicycle Plan.
13. Postponement of Items Relatin¢to the Eagle View Third Annexation Indefinitely_
The Eagle View Third Annexation was initiated on December 2,2008 and the hearing on the
Annexation was scheduled for January 6, 2009. In view of the pending negotiations and
proposed agreement with the Town of Timnath, staff recommends that this item be
postponed and brought back to the City Council for consideration after the Council has
determined whether to approve that agreement.
14. Resolution 2009-001 Makin Fg indings of Fact and Conclusions Pertaining to the Appeal of
the Water Board's August 28, 2008 Denial of the Floodplain Variance for a School in the
Poudre River 500-year Floodplain.
On September 30, 2008, an amended Notice of Appeal was filed seeking to overturn the
August 28, 2008 decision of the Water Board denying a floodplain variance for a school in
the Poudre River 500-year floodplain at 720-750 East Vine Drive.
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On December 16, 2008, City Council voted to uphold the decision of the Water Board. In
order to complete the record regarding this appeal, the Council should adopt a Resolution
making findings of fact and finalizing its decision on the appeal.
15. Resolution 2009-003 Acceptin the he Systems Level Study for the Interstate Highway 25 and
Colorado State Hiehwgy 392 Interchange and Authorizing the City Manager to Present The
Study to the Colorado Transportation Commission for Approval.
City Council and the Windsor Town Board have held three joint work sessions to discuss the
I-25 and State Highway 392 Interchange Improvements and System Level Study (1601
Process). The project team has worked to address questions and develop a System Level
Study for this interchange that will meet the Colorado Department of Transportation(CDOT)
requirements.This approval will allow the project to move into final design. The Resolution
recommends that the I-25 and State Highway 392 System Level Study be presented to the
Colorado Department of Transportation Commission on January 21, 2009,
16. Routine Easement.
Easement for construction and maintenance of public utilities from North Fort Collins
Neighborhood Design and Development Group,LLC,to provide electric service in a newly
annexed area, located at 719 Willox. Monetary consideration: $10.
END CONSENT
17. Consent Calendar Follow-up.
a. This is an opportunity for Councilmembers to comment on items adopted or
approved on the Consent Calendar.
18. Staff Reports.
19. Councilmember Reports.
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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.
20. Resolution 2009-002 Adopting an Updated Energy Policy. (Staff: Brian Janonis, Patty
Bigner, Steve Catanach, John Phelan; staff presentation-10 minutes; 1 hour discussion)
This Resolution adopts the 2008 Energy Policy, replacing the 2003 Electric Energy Supply
Policy.A draft of the Energy Policy was presented to City Council at the September 23,2008
work session for discussion and comment. Council's comments have been incorporated and
public outreach has been completed.
21. Pulled Consent Items.
22. Other Business.
a. Motion to adjourn meeting to January 13,2009,to consider any additional business
that may be brought before Council.
23. 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.
City of
Fort Collins
Doug Hutchinson, President City Council Chambers
Kelly Ohison, District 5, Vice-President City Hall West
Ben Manvel, District 1 300 LaPorte Avenue
Lisa Poppaw, District 2 Fort Collins, Colorado
Diggs Brown, District 3 at the conclusion of the Regular Council Meeting
Wade Troxell, District 4 Cablecast on City Cable Channel 14
David Roy, District 6 on the Comcast cable system
Darin Atteberry, City Manager
Steve Roy, City Attorney
Wanda Krajicek, City Clerk
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.
MEETING
January 6, 2009
1. Call Meeting to Order.
2. Roll Call.
3. Second Reading of Ordinance No. 003, Authorizing the Issuance of City of Fort Collins.
Colorado, Wastewater Utility Enterprise, Sewer Revenue Bonds, Series 2009A, in the
Maximum Aggregate Principal Amount of$34,000,000.
Ordinance No. 003, unanimously adopted on First Reading on December 16, 2008,
authorizes the issuance of maximum aggregate principal amount of$34 million of Sewer
Revenue Bonds. The bonds will be used to make improvements at the Mulberry
treatment plant. In late 2006, a study by MWH Consulting Engineers was commissioned
to determine the best solution for the long-term use of the Mulberry plant. Upgrading the
plant's secondary treatment processes by removing the trickling filter and its associated
facilities and installing a new aeration basin and associated facilities is the most cost
effective solution. Because the trickling filter is already recommended for replacement,
odor control improvements will also take place. Upgrading the facility will also allow
the Utilities to prepare for future regulation based improvements. The improvements,
including design and construction are projected to cost$31.8 million.
4. Other Business.
5. Adjournment.