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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 04/20/2010 - SUMMARY AGENDA AGENDAIty.of F6rt C611ins CITY COUNCIL 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 call221-6515(TDD 224-6001)for assistance. REGULAR MEETING April 20, 2010 Proclamations and Presentations 5:30 • A. Proclamation Declaring May 6, 2010, as National Day of Prayer. B. Proclamation Declaring April 23, 2010, as Arbor Day. C. Proclamation Declaring April 28, 2010, as Federal Heritage Day. D. Proclamation Declaring the week of April 19-23 as National Work Zone Awareness Week. E. Proclamation Declaring April 22, 2010 as Earth 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 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 CALENDARCONSENT 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. 23 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. Postponement of Second Reading of Ordinance No. 020, 2010, Amending Chapter 26 of the City Code Relating to Industrial Pretreatment Local Limits and Requirements to July 20, 2010. Ordinance No. 020, 2010,was unanimously adopted by Council on First Reading on March 2,2010. In addition to Council adoption,the amendments must also receive EPA approval. The EPA requires amended pretreatment ordinances to be adopted by Council on First Reading before they are submitted for EPA approval. After the EPA approves the amendments, the EPA publishes a public notice,followed by 30-day period for comment. Second Reading of Ordinance No.020,2010 needs to be delayed until the Ordinance has received EPA approval because the EPA could require modifications to the Ordinance as a result of its review. Staff believes that Second Reading of this Ordinance should be postponed to July 20. Page 3 7. Second Reading 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, unanimously adopted on First Reading on April 6, 2010, 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. 8. Second Reading 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 Ordinance, unanimously adopted on First Reading on April 6, 2010, authorizes temporary wastewater service arrangements. Generally,Utilities customers establish parameters forwastewater 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. 9. Second 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. This Ordinance, unanimously adopted on First Reading on April 6,2010, 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. 10. Items Relating to the Authorization of Utility Enterprises to Have and Exercise Certain Powers. A. Second Reading of Ordinance No. 038, 2010, Amending Section 26-392 of the City Code Regarding the City's Electric Utility Enterprise. B. Second Reading of Ordinance No. 039, 2010, Amending Section 26-209 of the City Code Regarding the City's Wastewater Utility Enterprise. These Ordinances, unanimously adopted on First Reading on April 6, 2010, 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. Page 4 11. Second Reading 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, unanimously adopted on First Reading on April 6, 2010, amends 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. 12. First Reading of Ordinance No 044 2010 Appropriating Unanticipated Revenue in the General Fund for the Restoration and Rehabilitation of Paramount Cottage Camp. This Ordinance appropriates unanticipated revenue in the amount of$148,000 for the rehabilitation and restoration of 1544 West Oak Street, the historic Paramount Cottage Camp. The Paramount Cottage Camp was built in the 1920s as tourist accommodations and is comprised of two, parallel, one-story buildings, containing eight apartments each.The City of Fort Collins was awarded a State Historical Fund grant in 2010 by the Colorado Historical Society to rehabilitate and restore the property. The Colorado Historical Society's State Historical Fund is providing the $66,600 grant for the rehabilitation and restoration of 1544 West Oak Street. Matching funds in the amount of$81,400 will be provided by the owners of the building. The City of Fort Collins will not be responsible for any monetary contribution, butwould be responsible in regards to receiving and administering the funds. 13. Resolution 2010-020 Authorizing the City Managerto Execute Two Grant Agreements with the State of Colorado for Funding Pertaining to the Fort Collins-Loveland Municipal Airport. This Resolution authorizes the City Manager to execute two grant agreements with the State of Colorado. The first grant is in the amount of $250,000 and the second grant is in the amount of $14,650. The first grant will be used to pay a portion of the costs to rehabilitate runway 15/33 and to repair general aviation ramp areas. The second grant will be used to reimburse the Cities for half of the personnel costs for a 12-month Airport internship program. 14. Resolution 2010-021 Approving an Interim Agreement Among the City,the Downtown Development Authority the Downtown Business Association and Progressive Old Town Square Limited Liability Company Regarding the Maintenance and Management of Old Town Plaza This interim agreement between the City of Fort Collins, the Downtown Development Authority, the Downtown Business Association and Progressive Old Town Square Limited Liability Company supersedes certain provisions in an agreementfrom 1993 and a subsequent interim agreementdated July 13, 2005, for the maintenance and management of the Old Town Plaza. 15. Resolution 2010-022 Making Appointments to Various Boards and Commissions. This Resolution makes appointments to fill current vacancies on the Air Quality Advisory Board, the Commission on Disability and the Golf Board. END CONSENT Page 5 16. Consent Calendar Follow-up. This is an opportunity for Councilmembers to commenton items adopted or approved on the Consent Calendar. 17. Staff Reports. 18. Councilmember Reports. 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. 19. Items Relating to Medical Marijuana. (staff:Jerry Schiager,Ginny Sawyer,Steve Dush,Peter Barnes, Steve Roy, Linda Samuelson; 10 minute presentation; 1 hour discussion) A. First Reading of Ordinance No. 045, 2010, Amending the City's Land Use Code by Adding Medical Marijuana Cultivation Facilities as Permitted Uses in Various Zone Districts. B. First Reading of Ordinance No. 046, 2010, Amending Article XVI, Chapter 15 of the City Code Relating to Medical Marijuana. C. First Reading of Ordinance No.047,2010,Amending Ordinance No.025,2010,to Clarify the Application of Chapter 15, Article XVI of the City Code to Existing Medical Marijuana Businesses. These ordinances are being presented for Council's consideration in response to direction received on March 16, 2010, when the Council adopted two ordinances establishing a comprehensive set of regulations for medical marijuana businesses (MMBs). Ordinance No. 045, 2010, would amend the Land Use Code to allow medical marijuana cultivation sites to be located in additional zone districts besides the Industrial zone. Since three of these districts currently also allow medical marijuana dispensaries, adoption of this Ordinance would allow Page 6 for the combination of dispensaries and cultivation sites on the same parcel of property in those districts. Ordinance No. 046, 2010, would amend the newly established MMB licensing regulations to accommodate combined dispensaries and cultivation facilities and to address other concerns expressed at the hearings that were held with regard to the licensing regulations and to respond to questions that have since been presented to staff by members of the industry. Ordinance No. 047, 2010, would amend the provisions of Ordinance No. 025, 2010 to clarify which businesses will be considered existing businesses that are eligible to immediately apply for a license and to authorize the issuance of a non-provisional license to those businesses that meet the location requirements contained in the MMB regulations and the zone district standards. 20. Second Reading of Ordinance No. 041,2010,Amending Sections of the Land Use Code Relating to Occupancy Limits. (staff: Steve Dush, Beth Sowder; 5 minute staff presentation; 10 minute discussion) The current occupancy regulations should be amended to ensure that they meet Council's original intent for limiting the occupancy of dwelling units. This Ordinance, adopted on First Reading on April 6, 2010, by a vote of 5-2 (Nays: Kottwitz, Troxell) accomplishes this 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 revising the definitions of Family and Occupancy. In response to feedback from Council and the public on First Reading, the Ordinance has been revised to change the definition of"dependent"so that the term"natural child"now reads "biological child". Both terms mean a child by birth, as distinguished from an adopted child. 21. First Reading of Ordinance No. 043, 2010, Appropriating Unanticipated Revenue and Electric Revenue Bond Proceeds for the Smart Grid Investment Grant Project in the Light and Power Fund and for Bond Issuance Costs. (staff: Steve Catanach, Kraig Bader, Dennis Sumner; 15 minute staff 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 Page 7 authorizing the City Manager to enter into partner agreements with each of the project partners: the Cities of Loveland, Longmont and Fountain, Colorado. 22. Resolution No. 2010-023 Approving the North College Infrastructure Funding Plan. (staff: Clark Mapes; 5 minute presentation; 20 minute discussion) The proposed Funding Plan consists of a prioritized list of infrastructure projects needed in the North College Avenue corridor area, along with corresponding potential funding sources to pursue. It contains no new policy decisions, nor any obligations or commitments. Rather it is an aid to implementation of previously adopted plans. Council approval of the Funding Plan would establish a useful framework to guide work efforts and decision making on funding for infrastructure projects over time. The term"infrastructure projects"generally refers to construction projects that would build up a more complete system of streets and utilities in the area. These are basic public facilities needed to support long-term revitalization as envisioned. 23. Pulled Consent Items. 24. Other Business. 25. 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 laterthan 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. City 6f ELECTRIC UTILITY ENTERPRISE F6rt 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 20, 2010 after the Regular Council Meeting 1. Call Meeting to Order. 2. Roll Call. 3. Public Hearing and 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 presentaion; 10 minute discussion) Ordinance No. 001 authorizes the issuance of $18,500,000 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(SGIG) 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. Adjournment. FORT COLLINS urban renewal authority Doug Hutchinson, President City Council Chambers Kelly Ohlson, Vice-President City Hall West Ben Manvel 300 LaPorte Avenue ,Lisa Poppaw Fort Collins, Colorado Aislinn Kottwitz Wade Troxell David Roy Cablecast on City Cable Channel 14 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 AGENDA April 20, 2010 after the Electric Utility Enterprise Meeting 1. Call Meeting to Order. 2. Roll Call. 3. Resolution No. 024 Adopting Policies and Procedures for the Fort Collins Urban Renewal Authority. (staff: Christina Vincent; 5 minute staff presentation; 20 minute discussion) The Urban Renewal Authority(URA)policies and procedures were restructured and expounded upon to fit the criteria discussed at URA Board meetings over the past 18 months. It was apparent,through the process of new URA projects, that the current policy document needed improvement and additional clarity for guidance. The guidelines are general in nature and are not as clear and concise as staff or applicants thought they should be. The lack of step-by-step process and additional information, in staffs opinion, left the URA vulnerable to loopholes in the process. This revised document is an effort to enhance the process, provide better customer service to URA applicants, create better decision-making tools for the URA Board,and allow staff a reference document for URA goals and objectives. 4. Resolution No. 025 Approving a Financial Agreement Between the Fort Collins Urban Renewal Authority and Jax Inc. for an Addition to an Existing Building at 1200 North College Avenue. (staff: Christina Vincent; 5 minute staff presentation; 30 minute discussion) Jax Mercantile is expanding the east entrance at its 1200 North College Avenue location by 3,000 square feet and converting an existing warehouse of 9,000 square feet into additional retail space. This expansion/conversion will increase its retail sales space by approximately 25%. Jax is seeking Tax Increment Financing (TIF) for the street improvement cash-in-lieu obligations required of the applicant through the Development Review process. The TIF request is $150,000, and financing costs total $31,000. The total TIF request is $181,000. 5. Resolution No 026 Approving an Amendment to the Financial Agreement Between the Fort Collins Urban Renewal Authority and Union Place, LLC for Union Place. (staff: Christina Vincent; 10 minute staff presentation; 30 minute discussion) Union Place sought tax increment financing from the Urban Renewal Authority(URA)last spring and was approved for $2.2 million of public improvements. These improvements are related to street construction and improvements, sustainability features, and upgraded landscaping on site. The project construction began in Fall 2009. The project has come across some additional, unforeseen extraordinary costs now that qualify for URA funding. The amendment to the original tax increment financing (TIF) request of $2.2 million is an additional $100,000 for sewer line, undergrounding utilities, and dewatering the site. This would bring the total TIF request to$2.3 million. However, by increasing the units from 75 to 89, Union Place has increased the available property tax increment by$300,000 and the total generation is predicted to be$4.6 million instead of the original calculation of$4.3 million. 6. Resolution No 027 Approving a Financial Agreement Between the Fort Collins Urban Renewal Authority and Fort Collins Habitat for Humanity, Inc. (staff: Christina Vincent; 5 minute staff presentation; 20 minute discussion) In March 2009, Union Place was approved as a URA project with tax increment funding awarded in the amount of$2.2 million for public improvements within the development. Fort Collins Habitat for Humanity(Habitat)is under contract to purchase lots within the Union Place development and needs assistance to participate in the project with the cost to acquire the land. Habitat will provide homes that meet 50%or below the area median income,which is far below the City's definition of affordable housing. The URA staff sees the value in this partnership and has concluded the financial gap is too large and would prevent Habitat from participating in Union Place. Habitat originally attempted to obtain Community Development Block Grant(CDBG)funding to obtain the lots, and focus efforts on private donations, however the funding in both areas was less than expected. The total property tax predicted generation from these four lots will be$130,000. Habitat is seeking$107,000 from the URA to purchase the lots and start building homes. 7. Other Business. 8. Adiournment.