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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/19/2009 - SUMMARY AGENDA • CITY COUNCIL AG EN DA F6rt Coltins 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 Aislinn Kottwitz, 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 May 19, 2009 Proclamations and Presentations 5:30 • A. Proclamation Declaring Proclamation Declaring May as Mental Health Month. B. Proclamation Declaring May as Foster Parent Appreciation Month. C. Proclamation Declaring May 19, 2009 as Blevins Science Olympiad Day. D. Proclamation Declaring May 24, 2009 as Mary Elizabeth Lenahan 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 • Address your comments to Council,not the audience. 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. 25, 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 April 14, 2009 Special Meeting and the April 21, 2009 Regular Meeting; 7. Second Reading of Ordinance No. 047, 2009, Appropriating Unanticipated Revenue in the General Fund for E911 and Emergency Medical Dispatch Systems at the Poudre Emergency Communications Center. This Ordinance, unanimously adopted on First Reading on May 5, 2009, appropriates the funds provided to Fort Collins Police Services by Larimer Emergency Telephone Authority (LETA)to purchase equipment,train users and maintain equipment for emergency services dispatching. The total amount to be appropriated is $50,935. PAGE 3 8. Second Reading of Ordinance No. 048, 2009, Appropriating Prior Year Reserves in the General Fund From Police Seizure Activities for Police Services. This Ordinance,unanimously adopted on First Reading on May 5,2009,appropriates funds to be used by Police Services to pay for training as well as to fund partnerships with community groups that seek to promote positive youth activities, anti-violence, anti-drug, and diversity activities. 9. Items Relating to the North College and East Willox Lane Capital Improvement Project. A. Second Reading of Ordinance No. 049, 2009, Authorizing the Transfer of Existing Appropriations from the Fort Collins Urban Renewal Authority Fund to the Capital Projects Fund for the North College Avenue and East Willox Lane Improvement Project. B. Second Reading of Ordinance No. 050, 2009, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the North College Avenue and East Willox Lane Improvement Project. Council has authorized the transfer of funds to the Fort Collins Urban Renewal Authority (URA) for the purpose of providing a loan for the North College Marketplace Project, located at the northeast corner of North College and East Willox. Ordinance No. 049,2009, appropriates funding from the URA into a Capital Projects account for the design and construction of the improvements to North College and East Willox. Ordinance No. 050, 2009, authorizes the use of the City's eminent domain powers to acquire rights-of-way for the project, if necessary. Both Ordinances were unanimously adopted on First Reading on May 5, 2009. 10. First Reading of Ordinance No. 054, 2009, Authorizing the Transfer of Existing Appropriations from the Downtown Development Authority Fund to the Capital Project Fund for the Building on Basics Pedestrian Plan Project, Linden Street Streetscape Project, Phase I. This Ordinance appropriates funding from the Downtown Development Authority (DDA) into the project account for the Linden Street streetscape project. This funding may be used for any or all of the following phases of the project: design, engineering, right-of-way, and construction for the segment of Linden Street from Jefferson Street/SH 14 north to the Poudre River bridge. The City's matching funds are being provided by existing Building on Basics Pedestrian Plan funds. In addition,CDOT has awarded the City$250,000 in funding for this project to help the project achieve the improvements envisioned in the Downtown River District Project approved by the City and DDA in 2008. PAGE 4 11. First Reading of Ordinance No. 055,2009,Authorizing the Transfer of Appropriations from the Downtown Development Authority Fund to the Capital Project Fund,Building on Basics, Intersection Improvements, Jefferson Street/SH14 Project. This Ordinance appropriates funding from the DDA into the project account for the Alternatives Analysis study and recommended improvements to Jefferson Street/SH 14,from North College Avenue to Mountain Avenue. The project includes the intersection of Jefferson, Riverside, Mountain, and Lincoln streets. Funding from the DDA may be used for any or all of the following phases of the project: Alternatives Analysis study, preliminary/final design, engineering,right-of-way, and construction. The City's matching funds are being provided by existing Building on Basics intersection funds. In addition,the Colorado Department of Transportation has awarded the City$1,000,000 in funding for this project to help the project achieve the improvements envisioned in the Downtown River District Project approved by the City and DDA in 2008. 12. Items Relating to Certain Utility Service Programs and Requirements. A. First Reading of Ordinance No..056,2009,Amending Chapter 26,Article.VI,of the City Code Relating to Certain Electric Service Programs and Requirements. B. First Reading of Ordinance No. 057, 2009, Amending Chapter 26, Article II1, Division 6 of the City Code Relating to Water Conservation. Revisions in the two proposed Ordinances are housekeeping changes to more closely align Code requirements with current utility programs and practices. The changes outlined below do not represent any change in policy or direction. There will be no increase or decrease in customers' utility rates. 13. First Reading of Ordinance No. 058, 2009, Authorizing the Lease of the Collindale Golf Course Residence at 1341 East Horsetooth Road for Up to Five Years. The residence at the Collindale Golf Course was built in 1970,the same year the golf course was constructed. The original use of the residence was for housing the Golf Course Superintendent until 1997. Since that time, the residence has been rented to various golf- related individuals. This action will approve a one year lease, with the City having the option to renew the lease for additional one-year terms, up to five years. The leasing of the Property is beneficial in that it will discourage vandalism and reduce the City's costs by having the Tenant pay for the utilities. 14. First Reading of Ordinance No. 059,2009,Authorizingthe e Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project(Phase One). The Mason Express ("MAX"), bus rapid transit project is entering into the right-of-way acquisition phase of the project. Project acquisitions have been broken into three phases. This Ordinance relates to Phase 1 and consists of seven distinct property ownerships. As a critical, federally funded transportation project, City staff requests authorization to utilize PAGE 5 eminent domain, if necessary, and only if good faith negotiations break down, in order to ensure a timely acquisition of the necessary property interests. 15. Items Relating to Richards Lake Substation Modifications. A. Resolution 2009-047 Authorizing the City Manager to Execute a License Agreement with Platte River Power Authority. B. First Reading of Ordinance No. 060, 2009,Authorizing the Conveyance of a Utility Easement to Tri-State Generation and Transmission Association, Inc. Tri-State Generation and Transmission Association, Inc. ("Tri-State") has requested a connection for transmission facilities between Platte River's transmission system and Tri- State. To facilitate this connection, two new breakers and associated equipment must be installed in the City's Richards Lake Substation. In order for this connection to occur, the City must grant Platte River a License to install facilities that are not specifically designated to provide service to the City and must grant Tri-State an easement to cross the substation property with its connection. 16. Resolution 2009-048 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide grants to fund community events. This Resolution adopts the recommendations from the Cultural Resources Board to disburse these funds. 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. PAGE 6 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. First Reading_of Ordinance No.061,2009,Amending Chapter 26 Article VI of the City Code Relating to the Provision of Electric Service. (staff: Brian Janonis, Steve Catanach; 10 minute staff presentation; 30 minute discussion) The proposed Code change has been drafted to clarify that the City is the sole provider of retail electric service with the City. The revised Code has been drafted with the goal of addressing three key issues. The first is the establishment of service territory protections similar to those afforded investor owned utilities, rural electric associations and other municipal utilities throughout the State. The second goal is to align service area definitions with bond holder expectations. The third goal is to support the development of renewable generation projects,including those owned by third-party entrepreneurs selling electricity at retail within City limits, provided certain conditions are met. 21. First Reading of Ordinance No. 062, 2009, Amending Chapter 26, Article VI of the City Code Relating`to Net Metered Electric Service. (staff: Brian Janonis, Steve Catanach; 10 minute staff presentation; 30 minute discussion) The proposed addition to Chapter 26, Article VI the City Code defines the net metering requirements for qualifying renewable generation facilities. In light of recent technological and legislative developments, the City of Fort Collins intends to formalize its net metering program. Pursuant to a pilot program, the City of Fort Collins has offered net metering services to its customers since 2005 through special services contracts. The intent of this amendment to the City Code is to codify the net metering rate in the Utility's existing rates. 22. Second Reading of Ordinance No. 051, 2009, Amending the City Code Relating to Enforcement of Occupancy Limits. (staff: Beth Sowder, Felix Lee, Mike Gebo; 2 minute staff presentation; 15 minute discussion) This Ordinance, adopted on First Reading on May 5, 2009 by a vote of 5-2 (nays: Kottwitz, Troxell)amends the City Code to eliminate the existing requirement that an opportunity be given to property owners to cure occupancy violations prior to the issuance of a citation. PAGE 7 City Code Section 19-65(a)(1) sets forth the procedures to be used by the City's Code enforcement officers in enforcing civil infractions,including the occupancy regulation. The proposed amendment to this Section authorizes enforcement staff to serve civil citations on violators of the occupancy limit regulation without first serving a notice of violation. Elimination of the notice requirement will apply to all violators of the occupancy regulation, both first-time offenses and repeat offenses. 23. Second Reading of Ordinance No. 052, 2009, Amending Section 12-19 and Article XV of Chapter 15 of the City Code Relating to Trash Collection. (staff. Darin Atteberry, Ann Turnquist, Susie Gordon; 2 minute staff presentation; 30 minute discussion) Ordinance No. 052, 2009, adopted on First Reading on May 5,2009 by a vote of 4-3 (nays: Hutchinson, Kottwitz, Troxell), makes several significant changes to City Code, as well as several "housekeeping" changes to Chapter 15, "Solid Waste Collection and Recycling Services"and Chapter 12,"Collection and Disposal of Refuse, Rubbish and Recyclables." The goals of these Code changes are to increase the pricing incentive for solid waste customers to reduce trash and improve recycling diversion rates. For Second Reading, the proposed Code language requiring poly-cart recycling containers on page 6 of the Ordinance has been revised to make more clear the intended meaning of the requirement with respect to container size. 24. Resolution 2009-049 Making Board and Commission Liaison Assignments and Various Committee, Board and AuthorityAppointments. (staff: Wanda Krajicek; no staff presentation; 15 minute discussion) This Resolution makes Councilmember liaison assignments to boards and commissions and makes various committee, board and authority appointments. 25. Pulled Consent Items. 26. Other Business. 27. 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.