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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 06/05/2007 - SUMMARY AGENDA REGULAR MEETING AGENDA FORT COLLINS CITY COUNCIL June 5, 2007 City of Fort Collins 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 Diggs Brown, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 David Roy, District 6 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(TDD 224-6001)for assistance. Proclamations and Presentations 5:30 • ill A. Proclamation Declaring "Boldness" as the Character Focus for June 2007. B. Proclamation Declaring June 25-30, 2007 as Bike Week. C. Proclamation Declaring June 16, 2007 as Pride in the Park Day. D. Presentation from the Organizers of Greeley Independence Stampede Declaring June 25, 2007 as "Fort Collins Day" at the Greeley Independence Stampede. Regular Meeting 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 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. 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. 065, 2007, Appropriating Prior Year Reserves in the General Fund for Cultural Development and Programming Activities and the Fort Collins Convention and Visitor's Bureau. This Ordinance, unanimously adopted on First Reading on May 15, 2007, appropriates lodging tax revenues that were in excess of 2006 budgeted lodging tax receipts to Cultural Development and Programming("CDP"), Visitor Events, and the Convention and Visitors Bureau("CVB")accounts. Lodging tax revenue for 2006 was estimated to be$610,521 and the 2006 budget appropriated an equal amount. However, actual receipts totaled $841,586 for 2006 and the difference of$231,065 has not been appropriated. PAGE 3 7. Second Reading of Ordinance No. 066, 2007, Appropriating Proceeds from the Refunding Certificates of Participation("COPs"), Series 2007 Representing Assignments of the Right to Receive Certain Revenues Pursuant to an Amended and Restated Lease Agreement dated as of May 1, 2007, Between the Fort Collins Leasing Corporation and the City of Fort Collins for the Purpose of Refunding the 1998 and 1999 COPs and for Costs of Issuance of the 2007 Refunding COPS. The Finance Department monitors the interest rate environment for opportunities to refinance the City's debt and achieve savings for the organization. This Ordinance, unanimously adopted on First Reading on May 15, 2007, appropriates in the Fort Collins Leasing Corporation Debt Service Fund, $14,595,000 of proceeds from the 2007 Refunding COPS issued for the purpose of refunding the 1998 and 1999 Certificates of Participation that were originally issued for the construction of the City's Mason Street Parking Structure, the 215 North Mason Office Building and an off-site Police Facility and the payment of costs associated with the 2007 refunding transaction. This refunding resulted in $997,419 in savings to the City over the next 11 years. The refunding was also structured to realize $759,907 of those savings in fiscal year 2007. 8. Second Reading of Ordinance No. 067, 2007,Amending Section 2-462 of the City Code to Allow for Inclusion of a Member of the Larimer County Board of Commissioners on the Board of Directors of the Downtown Development Authority. This Ordinance, unanimously adopted on First Reading on May 15, 2007, amends the City Code to increase the number of members on the Downtown Development Authority Board of Directors from nine to eleven, and designates that one of the additional seats will be occupied by a member of the Larimer County Board of Commissioners. 9. Items Relating to the North College Avenue Improvements Project. A. Second Reading of Ordinance No. 068, 2007, Authorizing the Conveyance of Two Parcels of Real Property on North College Avenue to the Department of Transportation, State of Colorado. B. Second Reading of Ordinance No. 069, 2007, Authorizing the Conveyance of a Parcel of Real Property at North College Avenue and Willow Street to the Adjacent Property Owner. C. Second Reading of Ordinance No.070,2007,Appropriating Unanticipated Revenue in the Neighborhood Parkland Fund To Record the Transfer of Real Property from the Neighborhood Parkland Fund to the Capital Project Fund-North College Avenue Improvements Project. In 2003, the City completed the North College Avenue Improvements Project. This Project included improvements to paving, sidewalks,pedestrian lighting, crosswalks, and drainage in the area between North College Avenue and Jefferson Street. These Ordinances, unanimously adopted on First Reading on May 15, 2007, complete the final transactions needed for this project. PAGE 4 10. Second Reading of Ordinance No. 071, 2007, Vacating a Portion of Right-of-way as Dedicated on the Plat of Rigden Farm Filing_One. The Rigden Farm development site is located south of Drake Road,east of Timberline Road and west of Ziegler Road. As a part of Rigden Farm, Filing One, it was anticipated that an unnamed street would extend westerly beyond Kansas Drive between Custer Drive and Limon Drive. The street stub for this anticipated street was dedicated with Rigden Farm, Filing One. Rigden Farm, Twelfth Filing Brooklyn Park Row Houses for which an Administrative Hearing was held on February 12,2007 shows that the street stub is no longer needed and will be removed. Therefore, the right-of-way for the street stub is no longer necessary. This Ordinance,unanimously adopted on First Reading on May 15,2007,vacates the right-of-way. 11. Items Relating to the Completion of the Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing the Federal Community Development Block Grant(CDBG)Program and HOME Investment Partnership (HOME) Program Grants, and the City's Human Services Program. A. Second Reading of Ordinance No.072,2007,Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Community Development Block Grant Program. B. Second Reading of Ordinance No. 073,2007,Appropriating Unanticipated Revenue in the HOME Investment Partnership Program. Adoption of these ordinances, unanimously adopted on First Reading on May 15, 2007 completes the spring cycle of the competitive process for allocating City financial resources (CDBG/HOME/Human Services funds) to affordable housing programs/projects and community development activities. 12. Second Reading of Ordinance No. 074, 2007, Appropriating Prior Year Reserves and Unanticipated Revenue Desi ig_ated for Library Improvements in the Capital Improvement Expansion Fund and Prior Year Reserves in the General Fund for Transfer to the Citv's Capital Projects Fund to Construct a Southeast Branch Library_ This Ordinance, unanimously adopted on First Reading on May 15, 2007, appropriates an additional $1.1 million for the branch library project. Staff is now estimating the cost of the branch library project,including furnishings,technology,books and materials at$6.6 million. This is $1.1 million more than previously estimated. Funding is available from library capital expansion impact fees, from library equipment and savings reserves and from donations to the library. Adoption of this Ordinance appropriates $1.1 million from these sources to the branch library project. Actual costs maybe less than estimated. The City will only pay actual costs. Staff will work hard to contain actual costs without compromising the quality of the project. PAGE 5 13. Second Readingo f Ordinance No. 075 2007, Annromiating Unanticipated Revenue from the Fort Collins Regional Library District for Continuation of Librm Services for Fiscal Year 2007. When Council approved the 2007 Budget last November,$1.2 million was also appropriated for library services. This appropriation was intended to serve as funding during the transition of the library services from City operations to District operations. The District and the City will need to approve an intergovernmental agreement prior to full operations commencing under the direction of the District. This ordinance, unanimously adopted on First Reading on May 15, 2007, allows funding of library services to continue under City direction for 2007. The City will also be reimbursed for expenses incurred during the first quarter of 2007. From that point forward, the City will be reimbursed on a monthly basis. These reimbursements will occur within thirty days after the close of the month during which the charges were incurred. 14. Second Reading of Ordinance No. 076, 2007,Authorizing the Lease of Property at the Fort Collins-Loveland Municipal Airport to Alliance Equipment Company. RLLLP, for the Storage of Construction Equipment and Supplies. This Ordinance,unanimously adopted on First Reading on May 15,2007, authorizes a lease to Alliance Equipment Company, RLLLP of two acres of Airport property for outdoor storage of construction equipment and supplies. 15. Items Relatine to the Loveland-Fort Collins Municipal Airport. A. Resolution 2007-056 Authorizing the Execution of a Grant Agreement with the State of Colorado for Funding of Airport Projects at the Fort Collins-Loveland Municipal Airport. B. First Reading of Ordinance No. 077, 2007,Authorizing the Appropriation of Funds for the Fort Collins-Loveland Municipal Airport for Additional Capital and Operating Expenses. A grant from the State of Colorado in the amount of$250,000 has been offered to the Cities. Approval of the grant is requested at the June 5th meeting in order to meet the State's deadline for encumbering these funds prior to the end of the month, which is its fiscal year end. The funds will be used for half of the Cities' matching funds for the FAA Grant and partial reimbursement for a snow plow blade, equipment storage building, clean up of contaminated soils, and pavement maintenance. Additional appropriations in the amount of$592,110 are needed for Airport improvements. PAGE 6 16. Resolution 2007-057 Making Findings of Fact and Conclusions Pertaining to the Appeal of Peter Schultz Regarding the Decision of the Building Review Board as Contained in Resolution 2007-1 of the Building Review Board Pertaining to 505 Locust Street On April 11, 2007, Peter Schultz filed a Notice of Appeal to City Council appealing the February 22, 2007 decision of the Building Review Board (hereafter"BRB") regarding the use and occupancy of the building at 505 Locust Street as a duplex. On May 15, 2007, City Council voted to modify the decision of the BRB as stated in this Resolution. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. END CONSENT 17. Consent Calendar Follow-W. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. is. Staff Reports a. Summary of First CityWorks 101. 19. 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. PAGE 7 20. Second Reading of Ordinance No. 062, 2007,Amending Chapter 26 Article IV of the City Code to Revise Wastewater Pretreatment Program Requirements. (5 minute staff presentation- 15 minute discussion) This Ordinance changes City Code provisions in order to provide specific City Code support for two programs currently in place,one new issue and some definition changes to align the Code with current EPA language. The regulating of mercury waste into the wastewater system,and the regulating of RV waste discharged into the wastewater system are programs that are currently in place.The proposed zero discharge changes are an outcome of the annual EPA Industrial Pretreatment Program audit during which the EPA recommended the use of zero discharge permits to monitor certain businesses and directed the City to update some definitions. Ordinance No. 062, 2007 was unanimously adopted on First Reading on May 1, 2007 and postponed on Second Reading to June 5, 2007. It modifies the following wastewater industrial discharge provisions of the City Code: • Section 26-206 Definitions Grab Sample — As directed by the EPA, the definition will be updated to be consistent with the EPA definition. This modification will be more restrictive as a time limitation will be specified where one did not previously exist. Zero-Discharge - A definition of zero-discharge permit will be added to Code. RV Wastewater-A definition of RV wastewater will be added to Code. • Section 26-318 Sampling and analysis As recommended by the EPA,the required period of records retention for industrial pretreatment will be changed from three to five years. • Section 26-343 Discharge limitations Language will be added to provide the General Manager with authority to request records from dental practices and obsolete language concerning date of mercury program initiation will also be deleted. This modification does not increase requirements on dental offices but does clarify the General Manager's authority. This modification also provides a second disposal option for dentists that is not currently available. It allows amalgam waste to be disposed of at licenced hazardous waste facilities provided it has been labeled appropriately. Existing Code limits amalgam waste disposal to recycling facilities. • Sections 26-308 and 26-309 Code will be modified to state that,when applicable,a zero-discharge permit may be issued as the result of an industrial discharge permit application. The City Code modification provides support for existing permit application requirements. PAGE 8 21. First Reading of Ordinance Nq. Q78, 2Q07 4mending the City of Fort Collins Land Use Code To Implement Transit Oriented Development. (5 minute staff presentation-20 minute discussion) Staff has identified Transit Oriented Development (T.O.D.) as a development pattern that supports compact urban growth, infill and re-development and multi-modal transportation. As a component of the Spring 2007 Land Use Code Update,T.O.D. represents a significant addition to the Code for a geographic specific area defined primarily as the Commercial zone south of Prospect Road. Key standards address land use, density,height and compatibility. This addition to the Land Use Code builds upon the establishment of the T.O.D.District and de-regulation of the required minimum number of parking spaces for multi-family adopted by Council in the Fall of 2006. 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.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.