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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 02/03/2009 - SUMMARY AGENDA City 6f CITY COUNCIL AGENDA F6rt 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 February 3, 2009 Proclamations and Presentations 5:30 . A. Proclamation Declaring "Orderliness" as the Character Focus for February 2009. B. Proclamation Declaring the month of February as Black History Month. C. Proclamation Declaring February 4, 2009 as National Girls and Women in Sports Day. Regular Meeting 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 Consent The Consent Calendar consists of Items 6 through 15. 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. 22, 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. Second Reading of Ordinance No. 005,2009, Appropriating Unanticipated Grant Revenue in the General Fund for the Natural Resources Radon Program and Authorizing the Transfer of Matching Funds. The City has received a $4,051 grant from the Colorado Department of Public Health and Environment for continuing radon education and outreach. This grant requires a local match of$4,051 that will be provided from the existing 2009 Air Quality Improvement Budget. This Ordinance, unanimously adopted on First Reading on January 20, 2009, appropriates the grant revenue and authorizes the transfer of the matching funds. PAGE 3 7. Second Reading of Ordinance No. 006, 2009, Appropriating Unanticipated Grant Revenue in the General Fund for Continuation of the Restorative Justice RESTORE Program. This Ordinance,unanimously adopted on First Reading on January 20, 2009, authorizes the appropriation of $15,000 from a grant received from the Bohemian Foundation for salaries associated with the continued operation of the RESTORE Program. 8. Second Reading of Ordinance No. 007, 2009, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service on Bond Series 2008A for the Year 2009. This Ordinance, unanimously adopted on First Reading on January 20, 2009, appropriates the tax increment revenue in the Downtown Development Authority Debt Service Fund for the payment of debt service for the year 2009 to the City of Fort Collins for the 2008A Taxable Subordinate Tax Increment Revenue Bonds. 9. Items Relating to a Volunteer Handicap Parking Enforcement Program. A. Second Reading of Ordinance No.008,2009,Relating to Changes in the City of Fort Collins Traffic Code to Implement a Volunteer Handicap Parking Enforcement Program. B. Second Reading of Ordinance No. 009, 2009,Appropriating Prior Year Reserves in the Transportation Services Fund for the Volunteer Handicap Parking Enforcement Program. Ordinance No. 008, 2009, will allow citizen volunteers to observe violations of handicap parking spaces, and provide evidence of the violation to a Parking Services enforcement officer. The officer will confirm vehicle ownership information with the Department of Motor Vehicles and issue a citation by mail to the owner of the offending vehicle. In Colorado,vehicle owners areprimafacie responsible for parking citations,regardless of who was driving the vehicle. Ordinance No. 009,2009,appropriates the funds to implement the Program. Both Ordinances were unanimously adopted on First Reading on January 20,2009. 10. Second Reading of Ordinance No. 010, 2009, Amending Ordinance No. 058, 2007, Which Amended the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Rigden Farm Tract A Rezoning. This Ordinance corrects an error discovered in Ordinance No. 058, 2007, which states that the property should not be included in the Residential Neighborhood Sign District. Adoption of this Ordinance changes Section 2 to read that the property was to be included in the Residential Neighborhood Sign District. PAGE 4 11. Items Relating to an Intergovernmental Agreement Between the City of Fort Collins and the Town of Timnath. A. Second Reading of Ordinance No. 011, 2009, Approving an Intergovernmental Agreement Between Timnath and Fort Collins Regarding Growth Management Areas and Associated Issues Authorizing Disposition of Property as Provided Therein. B. Second Reading of Ordinance No. 012, 2009, Appropriating $1.2 Million in Prior Year Reserves in the Stormwater Fund and Self-Insurance Fund and Irrevocably Pledging an Additional $800,000 in Undesignated Reserves to be Contributed to the Town of Timnath, Colorado for Improvements to the Boxelder Overflow Project. Fort Collins and Timnath have negotiated a proposed intergovernmental agreement (IGA) to resolve certain differences that have arisen between them regarding a variety of planning and growth management issues. The IGA is intended to firmly establish the Growth Management Areas (GMA) for each municipality. In addition, the IGA authorizes the conveyance of an easement on Arapaho Bend Natural Area for a portion of the Boxelder Overflow Project, and the potential sale of the Vangbo Natural Areas property to Timnath. It also authorizes a contribution by Fort Collins to Timnath's Boxelder Overflow Project. The IGA terminates overlapping annexations by Timnath and Fort Collins in the vicinity of Harmony and I-25. Furthermore, the IGA makes clear that the Riverwalk property, at the southwest corner of I-25 and Harmony will stay within the Fort Collins' GMA. Both Ordinances were unanimously adopted on First Reading on January 20, 2009. 12. First Reading of Ordinance No.013 2009 Appropriating Unanticipated Federal Department of Energy Grant Revenue in the Light and Power Fund. This project will modernize and transform a portion of the electrical distribution system in the City by developing and demonstrating a coordinated and integrated system of mixed distributed electric resources, including renewable generation(solar), rotary- and inverter- based generation, and demand response methods, that will reduce peak loads on multiple distribution feeders in the downtown area by up to 30%and deliver improved efficiency and reliability. 13. First Reading of Ordinance No 014 2009 Amending Section 2-119 of the Citv Code Pertaining to the Functions of the Building Review Board. This Ordinance will amend Section 2-119 of the City Code to correct an error in Section 2- 119(5)that incorrectly references the"1976 Uniform Code for the Abatement of Dangerous Buildings." Through an oversight,this previously adopted model code(no longer in effect) which has been replaced by the 2006 International Property Maintenance Code, was inadvertently referenced. PAGE 5 14. Resolution 2009-008 Adoptingt he City's 2009 Legislative Policy genda Each year,the Legislative Review Committee(LRC)develops a legislative agenda to assist in the analysis of pending legislation. The Legislative Policy Agenda is used as a guide by Council members and staff to determine positions on pending legislation and as a general reference for state legislators and our congressional delegation. 15. Resolution 2009-009 Authorizing a Revocable Permit to the Board of Governors of the Colorado State University ystem for Access to City-owned Property. This permit will enable Colorado State University to acquire the City's Cable 14 TV signal and retransmit it onto the CSU campus. Council action is required to authorize a permit for the use of City right-of-way. END CONSENT 16. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 17. Staff Reports. 18. 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. PAGE 6 19. First Reading of Ordinance No. 015 2009 Amendin the City o an1he a \se Code Relating to Occupancy Limits. (staff: Felix Lee Mike Ge re Ab oi4lt minute staff presentation; 45 minute discussion) Since the latest Land Use Cbdebde revatin to occupancy limit regulation for all housing went into effect in : sVandemi ied three additional revisions that would enhance sta�a ility tAffi \ tivelythe regulation: a. ` el inatiinn e opportunity for property owners to cure violations prior to the \ is s z e of a citation, at least for repeat offenders. clarifying the wording of the occupancy limit regulation. C. revising the definition of"family." 20. Items Relating to Contracts with Platte River Power Authority. (Brian Moeck,PRPA;staff: Steve Catanach, Brian Janonis; 10 minute staff presentation; 45 minute discussion) A. First Reading of Ordinance No. 016, 2009, Authorizing an Amended and Restated Organic Contract for Platte River Power Authority. B. First Reading of Ordinance No. 017, 2009, Authorizing an Amended and Restated Contract With Platte River Power Authority for the Supply of Electric Power and Energy. The Organic Contract between the four member cities of Estes Park,Fort Collins,Longmont and Loveland was originally signed in 1975 and last amended in 1998. The Organic Contract forms Platte River Power Authority. A change to the Organic Contract requires the approval of all four member municipalities. Most of the changes to the Organic Contract are in the nature of updates intended to reflect current organizational practices. In addition, staff and Platte River have negotiated changes to update the Contract for the Supply of Electric Power and Energy and termination of the Transmission Facilities Agreement. Changes to the Contract for the Supply of Electric Power and Energy incorporate relevant terms from the Transmission Facilities Agreement. The most significant change to the Contract is a provision which allows the City to develop generation resources up to 3,000 kilowatts to supply City facilities; this is approximately 60% of City facilities demand. The agreement does not limit the size or ability of customers to install generation resources for their own use, nor for third party developers to install generation at a customer's site. PAGE 6 19. First Reading of Ordinance No.015,2009,Amendin the e City Code and the Land Use Code Relating to Occupancy Limits. (staff: Felix Lee,Mike Gebo, Teresa Ablao; 10 minute staff presentation; 45 minute discussion) Since the latest Land Use Code revisions relating to the occupancy limit regulation for all housing went into effect in 2007, staff has identified three additional revisions that would enhance staffs ability to effectively enforce the regulation: a. eliminating the opportunity for property owners to cure violations prior to the issuance of a citation, at least for repeat offenders. b. clarifying the wording of the occupancy limit regulation. C. revising the definition of"family." 20. Items Relating to Contracts with Platte River Power Authority. (Brian Moeck,PRPA;staff: Steve Catanach, Brian Janonis; 10 minute staff presentation; 45 minute discussion) A. First Reading of Ordinance No. 016, 2009, Authorizing an Amended and Restated Organic Contract for Platte River Power Authority. B. First Reading of Ordinance No. 017, 2009, Authorizing an Amended and Restated Contract With Platte River Power Authority for the Supply of Electric Power and Energy. The Organic Contract between the four member cities of Estes Park,Fort Collins,Longmont and Loveland was originally signed in 1975 and last amended in 1998. The Organic Contract forms Platte River Power Authority. A change to the Organic Contract requires the approval of all four member municipalities. Most of the changes to the Organic Contract are in the nature of updates intended to reflect current organizational practices. In addition, staff and Platte River have negotiated changes to update the Contract for the Supply of Electric Power and Energy and termination of the Transmission Facilities Agreement. Changes to the Contract for the Supply of Electric Power and Energy incorporate relevant terms from the Transmission Facilities Agreement. The most significant change to the Contract is a provision which allows the City to develop generation resources up to 3,000 kilowatts to supply City facilities; this is approximately 60% of City facilities demand. The agreement does not limit the size or ability of customers to install generation resources for their own use, nor for third party developers to install generation at a customer's site. PAGE 7 21. Items Relating to an Intergovernmental Agreement between the City of Fort Collins, the Town of Windsor and the Colorado Denartment of Transportation. (staff: Mark Jackson, Rick Richter; 10 minute staff presentation; 30 minute discussion) A. Resolution 2009-010 Approving an Intergovernmental Agreement with the Town of Windsor and the Colorado Department of Transportation Concerning the Design of the Interstate 25/State Highway 392 Interchange. B. First Reading of Ordinance No. 018,2009,Appropriating Unanticipated Revenue in the Capital Projects Fund for the Interstate 25 and State Highway 392 Interchange and Improvements Project. The 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 System Level Study for this interchange was approved by the Transportation Commission on January 21, 2009. This approval, along with a signed IGA, will allow the project to move into the final design phase. This agreement outlines the disbursement of the $1,937,878 million available from CDOT for the design of the interchange. Ordinance No. 018, 2009, authorizes the appropriation of$1,768,523 in lieu of revenue from the General Fund to the Capital Projects Fund for the design of the I-25 and SH392 Interchange Improvements. 22. Pulled Consent Items. 23. Other Business. 24. 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.forthe 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.