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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 04/06/2010 - SUMMARY AGENDA F6rt Collins CITY COUNCIL AGENDA Doug Hutchinson, Mayor Kelly Ohlson, District 5, Mayor Pro Tern Council Chambers Ben Manvel, District 1 City Hall West Lisa Poppaw, District 2 300 LaPorte Avenue 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 April 6, 2010. Proclamations and Presentations 5:30 • A. Proclamation Declaring Tolerance as the Character Focus for April 2010 and Recognition of the "Character in Action." B. Proclamation Declaring April as Month of the Young Child. C. Proclamation Declaring April 2010 as Local Music Appreciation Month. D. Proclamation Declaring April as Sexual Assault Awareness Month. E. Proclamation Declaring April as Fair Housing Month. Regular • 11 • PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. Proclamation Honoring Dr. Temple Grandin, Associate Professor of Animal Science at Colorado State University 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 are 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 CALENDAR 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 be"pulled"off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Item No. 24, Pulled Consent Items. The Consent Calendar consists of: • Ordinance 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 March 2 and March 16,2010 Regular Meetings and the March 9, 2010 Adjourned Meeting. 7. Second Reading of Ordinance No. 027, 2010. Appropriating Prior Year Reserves. Ordinance No. 027, 2010, was unanimously adopted on First Reading on March 16, 2010. The Ordinance appropriates prior year's reserves for expenditures authorized in 2009 by Council but which could not be completed by the end of 2009. 8. Second Reading of Ordinance No.028 2010 Appropriating PriorYear Reserves in the Natural Areas Fund forthe Purpose of Providing Natural Areas Programming Not Included in the 2010 Adopted City Budget. This Ordinance, unanimously adopted on First Reading on March 16, 2010, appropriates prior year reserves in the Natural Areas Fund for the purpose of land conservation, construction of public Page 3 improvements, restoration of wildlife habitat and other natural areas program needs to benefit the citizens of Fort Collins. 9. Second Reading of Ordinance No.029 2010,Amending Sections 7.5-24 and 7.5-25 of the City Code Regarding the Refunding of Capital Improvement Expansion Fees for Abandoned Development Projects. There is no Code section that speaks to the refunding of collected Capital Improvement Expansion Fees (CIEFs) to an owner/developer who has requested a refund due to the abandonment of the project. The Code only provides that CIEFs maybe refunded if they are not appropriated within seven years or expended within ten years from the date collected. This Ordinance, unanimously adopted on First Reading on March 16, 2010, establishes that CIEFs can be refunded to the owner of the property for which the fees were paid, in the event of project and permit abandonment. 10. Second Reading of Ordinance No 032 2010 Authorizing an Option to Lease and a Subsequent Lease of City-Owned Property at Collindale Golf Course to Clear Wireless LLC for the Installation of a Wireless Service Tower and Related Equipment, and the Grant of Associated Easements. Clear Wireless, LLC has requested to lease 625 square feet of City-owned property on South Lemay Avenue at the Collindale Golf Course to install a 50-foot tower and related equipment to enhance wireless service in the area. Additionally, Clear Wireless is requesting utility and access easements that are necessary for the operation and maintenance of its tower and equipment. This Ordinance, unanimously adopted on First Reading on March 16, 2010, authorizes the lease and associated easements. There is a growing desire and need for improved wireless internet services in Fort Collins. For customers to receive optimal wireless service,wireless towers and antennas need to be placed about a mile apart and must be in sight range. The installation and operation of this tower will provide wireless services to many businesses and residences thatcurrently do not have access to this service and it will improve the wireless service for customers in this area. 11. First Readinq of Ordinance No 035 2010 Appropriating Unanticipated Grant Revenue and Appropriating Additional Unanticipated Revenues in the Light and Power Fund for the Northern Colorado ENERGY STAR New Homes Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Light and Power Operating Budget, This Ordinance appropriates grant funds received from the State of Colorado's Governor's Energy Office. The grant totals$50,000 for the continuing development and implementation of the ENERGY STAR New Homes Program in the Northern Colorado region. The grant requires a $15,000 match from the Utilities and a $41,000 match from other regional program partners. The Ordinance also transfers the Utilities $15,000 match from existing Light and Power operating appropriations. In addition,the Ordinance appropriates a total of$41,000 pledged by the program partners in 2010 and a net of$44,381 previously received from the program partners in 2009. 12. First Readinq of Ordinance No. 036 2010 Amending Section 26-283 of the City Code to Authorize the Utilities General Manager to Establish Temporary Arrangements for Use of City Wastewater System Capacity. This change to Chapter 26 of the City Code provides authorization for temporary wastewater service arrangements. Generally, Utilities customers establish parameters for wastewater discharge flows and pay associated plant investment fees prior to service delivery. In some instances, usually with an expansion of service,parameters for wastewater service cannot be determined until the expansion is complete. This Code change provides general guidelines for this specific type of service agreement. Page 4 13. First Reading of Ordinance No 037 2010 Amending Section 10-80 of the City Code to Prohibit Certain Residential and Mixed-use Construction on Properties Removed from the Poudre River Floodplain Through the LOMR-fill Process. The Federal Emergency Management Agency has a process to remove property from the Floodplain by the placement of fill called the Letter of Map Revision Based on Fill (LOMR-Fill). The current Poudre River regulations do not allow new residential or mixed-use structures or additions in the Poudre River flood fringe. This prohibition was adopted due to the life-safety risk of allowing people to sleep in the floodplain. However, if a LOMR-Fill is granted,these regulations do not apply,causing an inconsistency. The proposed ordinance removes that inconsistency and will not allow a new residential or mixed use development on a LOMR-Fill. NOTE: This Ordinance is not related to the proposed State of Colorado Floodplain Regulations. 14. Items Relating to the Authorization of Utility Enterprises to Have and Exercise Certain Powers. A. First Reading of Ordinance No. 038, 2010, Amending Section 26-392 of the City Code Regarding the City's Electric Utility Enterprise. B. First Reading of Ordinance No. 039, 2010, Amending Section 26-209 of the City Code Regarding the City's Wastewater Utility Enterprise. These Ordinances clarify the powers of the Enterprises. The revisions are consistent with the authorizations given in the City Code for the Water and Stormwater Utility Enterprises. 15. First Readinq of Ordinance No 040 2010 Amending Section 2-582 of the City Code Pertaining to the Creation and Elimination of Deputy and Assistant City Attorney Positions. This Ordinance would amend Section 2-568(a) of the City Code to authorize the City Attorney to create and fill Deputy and Assistant Attorney positions as he or she deems necessary to meet the legal services needs of the City and to fulfill the City Attorney's duties and responsibilities under the City Charter, as long as sufficient funds have been appropriated and made available by the City Council to defray the costs associated with such positions. END CONSENT 16. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 17. Staff Reports. 18. Councilmember Reports. Page 5 ''. .''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 0 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. 19. Second Reading of Ordinance No 034 2010 Adopting a Development Agreement Extending the Term of Vested Property Rights for Riqden Farms LLC and Riqden Development LLC for Phases II and III of Riqden Farm Filing Six Final Plan for Ten Years. (staff: Steve Dush, Steve Roy; no staff presentation; 5 minute discussion) This Ordinance,adopted on March 16,2010, by a vote of 5-1 (Nays: Ohlson)adopts a Development Agreement Extending the Term of Vested Rights for Rigden Farm Filing Six, and is part of a larger settlement of a dispute between the Rigden Farm developers and the City. 20. Items Relating to Occupancy Limits. (staff: Steve Dush, Beth Sowder; 15 minute presentation; 45 minute discussion) A. First Reading of Ordinance No. 041, 2010, Amending Sections of the Land Use Code Relating to Occupancy Limits. B. First Reading of Ordinance No. 042, 2010, Amending Section 5-265 of the City Code Relating to Occupancy Disclosure Statements. In 2005, City Council adopted significant changes to the Municipal Code and the Land Use Code for the purpose of establishing newoccupancy regulations thatare understandable,fair,and enforceable. This was accomplished in part by redefining the make-up of the types of groups or individuals that can live together in a dwelling unit and by establishing ways in which the number of persons allowed to live together can be increased. It has recently come to City staffs attention that the current regulations do not meet Council's original intent for limiting the occupancy of dwelling units. The proposed Land Use Code changes address this problem by refining the definition of Dependent, by adding a "host family" category as another acceptable way to increase the number of occupants allowed in a dwelling unit, and by changing the definition of Family and amending the definition of Occupancy. In addition, the disclosure statement requirement related to occupancy limits has been revised to ensure that the statement is truthful, is provided by the property owner or manager to the tenants at the time of lease signing, and is readily available when requested by the City. Page 6 21. First Reading of Ordinance No 043 2010 Appropriating Unanticipated Revenue and Electric Revenue Bond Proceeds for the Smart Grid Investment Grant Proiect in the Light and Power Fund and for Bond Issuance Costs. (staff: Steve Catanach, Kraig Bader, Dennis Sumner; 15 minute presentation; 1 hour discussion) Fort Collins Utilities(FCU) has been selected by the Department of Energy (DOE) for a Smart Grid Investment Grant (SGIG) award. The proposal and award included participation from the Cities of Loveland, Longmont and Fountain for a total award of$36,202,527. The collaboration with the other cities was done to improve the chances of being selected by DOE—FCU was advised DOE wanted collaborative projects that included larger geographic areas and integrated funding. FCU projects proposed to the DOE totaled $31,483,001. The DOE has offered to fund 50% of the proposed projects ($15,741,500). The largest of the proposed projects was for the installation of an Advanced Metering Infrastructure (AMI) system. In addition to the AMI project, components of the Utilities Information Technology(IT)Long Range Strategic Plan related to the implementation of AMI and smart grid technology were included in the proposal. Expansion of the FCU fiber optic system and grid automation equipment was also included in the proposed projects. The Ordinance appropriates $18,101,264 in unanticipated grant revenues and $15,741,501 in proceeds from the sale of Electric Revenue Bonds proposed to be issued in Ordinance No. 001 of the Board of the Electric Utility Enterprise, for the purpose of funding the Smart Grid project. It appropriates$258,499 for bond issuance costs.These appropriations are all in the Light and Power Fund. If this Ordinance is approved on First Reading, staff will bring a resolution to the Council on Second Reading, authorizing the City Manager to execute the contract with the DOE related to the SGIG and authorizing the City Manager to enter into partner agreements with each of the project partners: the Cities of Loveland, Longmont and Fountain, Colorado. 22. Items Relating to the Platte River Power Authority Contracts. (staff: Brian Janonis, Steve Catanach; 5 minute staff presentation; 45 minute discussion) A. First Reading of Ordinance No. 044, 2010, Authorizing an Amended and Restated Organic Contract for Platte River Power Authority. B. First Reading of Ordinance No. 045, 2010,Authorizing an Amended and Restated Contract with Platte River Power Authority For the Supply of Electric Power and Energy. The staff of Platte River and the Municipalities initiated an effort to revise and extend the Organic Contract and the power supply agreements between Platte River and the Municipalities in late 2007. The goals of this process included: (1) extending the term of the Organic Contract and the power supply agreements through 2050; (2) the elimination of the Facilities Agreements between Platte River and each of the Municipalities and the incorporation of the relevant provisions into the new power supply agreements; (3)the creation of a limited exception to the all-requirements nature of the power supply agreements so that the Municipalities could pursue local renewable energy generation options; and (4) general editorial updating. The original additions suggested by staff and ultimately approved by Council in March 2009, were to ensure that an environmental focus was clearly stated within the Agreements. The proposed revisions remove redundant statements while providing a clear and direct statement stating the purpose of Platte River is to provide power in an environmentally responsible manner. Adoption of the Energy Supply Agreement, specifically the addition that allows the municipalities to own and install their own generation up to one percent of peak demand,will allow Utilities to proceed, without the added complication of entering into a buy-sell agreement with Platte River with several projects. The projects include the installation of solar panels on the Atzlan Center, the City's Page 7 commitment to the FortZED—RDSI project and potential solar for the Mulberry wastewater treatment facility. The change also provides the Utilities with the freedom to consider other projects as opportunities arise. 23. Items Relating to a Review of the City's Stormwater Management Program. (staff: Jon Haukaas, Brian Janonis; 5 minute staff presentation; 20 minute discussion) A. Second Reading of Ordinance No. 030, 2010 Amending Section 26-492 of the Code Declaring the Purpose of the Stormwater Utility. B. Second Reading of Ordinance No. 031, 2010 Adopting Landscape Design Standards and Guidelines as an Addendum to the City's Storm Drainage Design Criteria and Construction Standards. These Ordinances, unanimously adopted on First Reading on March 16, 2010, adopt a revised stormwater purpose statement and new landscape design standards and guidelines for stormwater and detention facilities. The revised purpose statement was expanded to include a balanced approach to the triple bottom line components of economic, environmental, and social aspects of stormwater management. The landscape design standards and guidelines were developed to provide direction to improve stormwater quality and aesthetics of stormwater facilities. Ordinance No, 030, 2010, updating the purpose statement in the City Code, has been revised between First Reading and Second Reading in order to make the new Code language conform more closely to the Council's direction at the December 8, 2009, Work Session. 24. Pulled Consent Items. 25. Other Business. 26. 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 Council,will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. ENTERPRISEELECTRIC UTILITY• CollinsD. Doug Hutchinson, President City Council Chambers Kelly Ohlson, District 5, Vice-President 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. MEETING April 6, 2010 After the Regular Council Meeting 1. Call Meeting to Order. 2. Roll Call. 3. First Reading of Ordinance No 001, Authorizing the Issuance and Sale of its Tax-exempt Revenue Bonds, Series 2010A and its Taxable Revenue Bonds (Direct Pay Build America Bonds), Series 2010B, Providing for the Sources of Payment of the Bonds and Providing Other Details Concerning the Bonds and the Enterprise's Electric Utility System. (staff: Bill Freeman, Chuck Seest; 5 minute staff presentation; 10 minute discussion) Ordinance No. 001 authorizes the issuance of $16,000,000 of Electric Utility Enterprise Revenue Bonds. The proceeds of the bonds, net of issuance expenses, will be used to provide the Utilities' matching portion for the Smart Grid Investment Grant project. This Ordinance delegates authority to the City Finance staff to accomplish the bond sale prior to December 31, 2010, at the most appropriate time to secure terms and interest rates sufficient to provide for the cost savings reflected in the project description. The bonds are anticipated to have final maturities no longer than ten years from the date of issuance. 4. Other Business. 5. Adiournment. c cetyp Fort CollinsCITY COUNCIL AGENDA Doug Hutchinson, Mayor Council Information Center 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. WORK SESSION April 6, 2010 After the Electric Utility Enterprise Meeting 1. Call Meeting to Order. 2. Review the Draft Requests for Results for the 2011-12 Budgeting for Outcomes Process. (staff: Darin Atteberry, Mike Freeman; 2 hour discussion) The purpose of the work session is to hear brief presentations from three of the seven staff Results Teams and provide feedback to the teams regarding the draft Requests for Results (RFRs). The RFRs will be used by staff in developing the City Manager's Recommended 2011-12 Budget. The areas to be reviewed tonight are: 1. Transportation 2. Culture, Parks and Recreation 3. Economic Health 4. Other Business. 5. Adjournment.