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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 11/17/2009 - SUMMARY AGENDADoug 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 Aislinn Kottwitz, District 3 Wade Troxell, District 4 . David Roy, District 6 Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Krajicek, City Clerk Fort Collins, Colorado 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 (fDD 224-6001) for assistance. REGULAR MEETING November 17, 2009 A. Proclamation Declaring November 2009 as National Alzheimer's Disease Awareness Month. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER. 2. ROLL CALL. Presentation of the 2009 Starburst Conservation Award for Soapstone Prairie Natural Area from the Colorado Lottery, presented by Matt Robbins, Community Relations Specialist with the Colorado Lottery. 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 The Consent Calendar consists of Items 6 through 17. 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. Consideration and Approval of the Minutes of the September 29 2009 Special Meeting and the October 6 Regular Meeting. 7. Second Reading of Ordinance No. 120 2009 Appropriating Unanticipated Revenue in the General Fund for the Natural Resources Energy Efficiency Community Block Grant. This Ordinance, unanimously adopted on First Reading on November 3, 2009, appropriates $1,307,900, received by the City under a Energy Efficiency and Conservation Block Grant (EECBG) Program. PAGE 3 8. Second Reading of Ordinance No. 121, 2009, Amendinq Chapter 26 Article XII of the City Code Relating to Utility Billing Errors. This Ordinance, unanimously adopted on First Reading on November 3, 2009, codifies the Utilities' current administrative policy which addresses utility billing errors. When a customer is overcharged, the Utilities will refund the customer the overcharge for a period not to exceed six years from the time the error is discovered. If a customer is undercharged for services received, the Utility will back bill the customer only if the undercharges occurred less than six years before the date the error is discovered and either the undercharges are for a minimal amount or the customer could not have discovered the error with reasonable inquiry. No interest will be paid or collected. 9. Second Reading of Ordinance No. 122, 2009, Repealing Ordinance No. 007, 1975, Relating to the Security of Buildings and Businesses in the City. This Ordinance, unanimously adopted on First Reading on November 3, 2009, repeals Ordinance No. 007, 1975, which is now obsolete. Ordinance No. 007,1975, required the Police Department to maintain a register of all commercial buildings and businesses in the city, including emergency contact information for a designated representative for each business and building, and compelled property and business owners to cooperate by providing information. Currently, such information is gathered and maintained by the Poudre Fire Authority as a part of its building inspection program. 10. Second Reading of Ordinance No. 123, 2009, Adopting a Fee Schedule for Grandview and Roselawn Cemeteries and Amending the Rules and Regulations Governing Grandview and Roselawn Cemeteries to Add the Fee Schedule. This Ordinance, unanimously adopted on First Reading on November3, 2009, amends the Rules and Regulations Governing Grandview and Roselawn Cemeteries to add a list of the amounts of fees for 2010 and 2011, and to specify that in future years fees will be increased based on the Denver - Boulder -Greeley Consumer Price Index for all Urban Consumers (CPI-U). If in any year the CPI-U does not increase, fees will remain unchanged for the year. 11. Second Readinq of Ordinance No. 124, 2009, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Real Property Known as the Mountain Vista Subarea Plan Rezoning. This Ordinance, unanimously adopted on First Reading on November 3, 2009, rezones six areas within the Mountain Vista subarea. These involve adjustments to the size and location of Industrial, Employment, Community Commercial, Medium Density Mixed -Use Neighborhoods, Low Density Mixed -Use Neighborhoods, and Transition Zone Districts. The proposed rezoning changes are consistent with the City Structure Plan. 12. Second Reading of Ordinance No. 125, 2009, Authorizing the Appropriation of 2010 Fiscal Year Operating and Capital Improvement Funds for the Fort Collins -Loveland Municipal Airport. The 2010 annual operating budget for the Airport totals $711,600, and will be funded from Airport operating revenues, contributions from the Cities of Fort Collins and Loveland ($85,000 from each city), and interest earnings. This Ordinance, unanimously adopted on First Reading on November ` PAGE 4 3, 2009, appropriates the City of Fort Collins' contribution, which is a 50% share of the 2010 Airport budget and totals $355,800. This Ordinance also appropriates the City of Fort Collins' 50% share of capital funds, totaling $608,500 for the Airport from federal and state grants; contributions from Fort Collins and Loveland; and the Airport General Fund. The 2010 Airport capital funds; totaling $1,217,000, will be used to continue runway improvements. 13. First Reading of Ordinance No. 126, 2009, Appropriating Prior Year Reserves in the General Employees' Retirement Plan. The City Council created the General Employees' Retirement Plan in 1971 to provide a retirement benefit in addition to the Social Security system. Oversight is provided by a six -member Committee, five of whom are appointed by Council, the other being the Financial Officer. The single -sum benefit, approved by City Council in 1998, is designed to be actuarially neutral to the Plan. When an employee elects to receive a lump sum amount from the Plan, the liability of providing a future pension benefit to the employee is removed from the Plana Although actuarially neutral, voluntary elections of single sum payments reduce the uncertainty regarding the number of employees for whom the Plan must provide an income over an unknown period of years. From that standpoint, lump sum payments are considered financially favorable. 14. Items Relating to Fossil Creek Reservoir Area. A. Resolution 2009-102 Authorizing an Amended and Restated Intergovernmental Agreement with Larimer County Concerning the Fossil Creek Reservoir Area Property. B. First Reading'of Ordinance No. 127, 2009, Authorizing the Sublease to Larimer County of Portions of the Fossil Creek Reservoir Property Leased by the City from North Poudre Irrigation Company. This amended and restated Intergovernmental Agreement (IGA) summarizes the original IGA and the two previous amendments into a single document. It also changes the Agreement to allow the County the right to continue as a managing entity while also requiring the City to assume certain management and operation responsibilities. The new sublease between the City and County will allow the County the ability to continue enforcing County regulations on the south shore of the Fossil Creek Reservoir. 15. First Reading of Ordinance No.129, 2009, Authorizing the Conveyance of a Temporary Construction Easement on Cathy Fromme Prairie Natural Area to Larimer County for the Fossil Creek Restoration Proiect. The Larimer County Engineering Department is working on the Fossil Creek Restoration Project, designed to restore a portion of the existing Fossil Creek Channel. In 1972, approximately 1,300 feet of Fossil Creek was shifted to its current location in order to facilitate the operation of the Landfill. The current location of the Channel is on the Larimer County Landfill property, just south of the boundary of Cathy Fromme Prairie Natural Area. This section of Fossil Creek has eroded downward as much PAGE 5 as 12 feet and is beginning to widen due to continued erosion. This erosive process now threatens an adjacent existing sewer main and the Landfill liner. To prevent the failure of the sewer main and the Landfill liner, Larimer County is proposing to move Fossil Creek back into a historic channel located on Cathy Fromme Prairie Natural Area. The County is requesting a temporary construction easement on Cathy Fromme Prairie to accomplish this action. 16. Public Hearing and Resolution 2009-103 Approving the Programs and Projects That Will Receive Funds from the Federal Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs and the City's Affordable Housing Fund. The Resolution will complete the fall cycle of the competitive process for allocating $1,001,776 of City financial resources to affordable housing and community development programs/projects. 17. Resolution 2009-104 Authorizing the City Manager to Apply for Liquor Licenses on Behalf of the City. This Resolution authorizes the City Manager, on behalf of the City, to apply for liquor licenses for City facilities as the City Manager determines appropriate. It also authorizes the City Manager to designate other members of City staff as the City Manager deems appropriate to apply (as co - applicant) on behalf of the City for such license and to apply to be a registered manager of a licensed premises. The application for, and management of, the licensed facilities will, for the purposes of indemnification under the City Code and the Colorado Governmental Immunity Act (CGIA), be considered within the scope of employment of the City Manager and his designees and among the official duties they are to perform for the City. END CONSENT 18. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 19. Staff Reports. 20. Councilmember Reports. PAGE 6 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. 21. Emergency Ordinance No 128 2009 Imposing a Moratorium Upon the Acceptance of Applications for the Issuance of Licenses or Permits Related to Businesses that Seek to Dispense Medical Marijuana. (staff: Darin Atteberry, Steve Roy; 20 minute staff presentation; 1 hour discussion) The City has recently seen a proliferation of medical marijuana dispensaries ("MMDs") within its boundaries, some of which are operated as "home occupations" in zone districts that are primarily residential in character. As of November 9, 2009, twenty-six such businesses had been issued sales tax licenses by the City, twelve of which have been issued in the last month, and City staff continues to receive inquiries from persons interested in establishing additional such businesses at the rate of approximately ten per week. Fort Collins Police Services has serious concerns about the secondary effects of MMDs. Staff has held a number of meetings to discuss this issue and, on November 5, 2009, the City Manager, City Attorney, Chief of Police, Planning Director and members of their respective staffs met with their counterparts from Larimer County and the City of Loveland to discuss a coordinated approach to dealing with MMDs. Because court rulings and regulations at the state level are rapidly changing with regard to MMDs and because there is a strong possibility that the state legislature will address this subject during its upcoming legislative session, City staff recommends that the City Council impose a ten-month moratorium on MMDs, by means of this emergency ordinance, until the laws and regulations that govern MMDs are clarified and until the City has had an opportunity to determine how best to deal with them at the local level in the event that statewide regulations prove to be inadequate. This moratorium would maintain the status quo in thatthose MMDs that have been established would be allowed to continue to operate unless, under current law, they are illegal. 22. Pulled Consent Items. PAGE 7 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. 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.