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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 03/16/2010 - SUMMARY AGENDA Cityof CITY COUNCIL AGENDA Fl6art Collins 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 March 16, 2010 •clarnations and Presentations 5:30 • A. Proclamation Declaring March 29-31, 2010 as Cesar Chavez Celebration Days. B. Proclamation Declaring March 14-20, 2010 as Girl Scout Week. 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 CONSENT CALENDAR The Consent Calendar consists of Items 6 through 19. 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.26, 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 February 16, 2010, Regular Meeting and the February 23, 2010 Adjourned Meeting. 7. Second Reading of Ordinance No.017 2010,AuthorizingtheTransferofExistingAppropriationsfrom the Street Oversizing Fund to the Capital Proiects Fund for the North College Avenue and East Willox Lane Improvements Proiect. This Ordinance, unanimously adopted on First Reading on March 2, 2010, transfers$1,881,271 in existing appropriations from the Street Oversizing Fund into the Capital Projects Fund for construction of the College Avenue and Willox Lane Improvement Project to construct arterial improvements related to the Marketplace development. The improvements are needed to construct College Avenue to current City standards and to provide bicycle,pedestrian and bus facilities. Improvements to Willox Lane will add dedicated turn lanes and construct new commercial access for the development. The r Page 3 project is jointly funded by the North College Urban Renewal Authority, the Street Oversizing Program, and developer contributions. 8. Second Reading of Ordinance No. 018, 2010, Establishing Rental Rates and Delivery Charges for the City's Raw Water for the 2010 Irrigation Season. This Ordinance, unanimously adopted on First Reading on March 2, 2010, approves rates for the rental and delivery of the City's raw water supplies. The Water Utility uses these rates to assess charges for agricultural use,for various contractual raw water obligations and for raw water deliveries to other City departments. The proposed rate for each type of water is based on several factors including market conditions and assessments charged by irrigation companies. 9. Second Reading of Ordinance No. 019, 2010, Amending Chapter 26 of the City Code Relating to Right of Entry and Nuisance Abatement and Article VII of Chapter 26 Relating to Stormwater Quality and Enforcement. This Ordinance, unanimously adopted on First Reading on March 2, 2010, allows authorized City employees to investigate and abate imminent hazards to the City's Utilities systems and to recover costs of abatement from responsible parties. The Ordinance also includes amendments that are specific to Article VII of Chapter 26 related to stormwater to impose more stringent limitations than those required by CDPHE related to stormwater discharges, to allow stop work orders to be issued on construction sites for stormwater violations of the City Code, and to address proper maintenance and operation of private stormwater quality facilities. 10. Second Readinq of Ordinance No. 021, 2010, Authorizinq the Conveyance of Three Non-Exclusive Utility Easements on City Property to Qwest Corporation. In 1995 and 2004, the City of Fort Collins conveyed various easements on City property known as Avery Park to Qwest Corporation ("Qwest") for installation of utility improvements. Qwest recently discovered the utility improvements were erroneously installed outside the granted easement area. This Ordinance, unanimously adopted on First Reading on March 2, 2010, conveys new easements to Qwest to reflect the actual location of the installed equipment and a new easement along the boundary of the City's property for additional utility improvements already installed by Qwest. In exchange, Qwest will terminate the existing easements. 11. Second Reading of Ordinance No. 022, 2010, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. This Ordinance, unanimously adopted on First Reading on March 2, 2010, expands the boundaries of the Downtown Development Authority(DDA)and amends the Plan of Developmentof the Authority to include properties in the 600 block of South Mason and 200 block of West Myrtle. The properties include the Avogadro's Number restaurant and site;the small shopping centeratthe southeast corner of Mulberry and Mason Streets which currently contains the Larimer County Democratic headquarters, a salon and a smoothie bar; and 2 rental residences. 12. Second Reading of Ordinance No. 023, 2010, Authorizing the Conveyance of a Perpetual. Non- exclusive Easement to Larimer County Canal No. 2 Irrigating Company. This Ordinance, unanimously adopted on First Reading on March 2, 2010, authorizes the granting of an easement by the City to the Larimer County Canal No. 2 Irrigating Company. The easement will allow for the continued use of the City Ditch for irrigation flows. Similar terms have been in place for over 100 years, and will avoid disruption of the right to run those irrigation flows. Page 4 13. Second Reading of Ordinance No 024 2010 Appropriating $350,000 from Prior Year Reserves Committed to Police in the Capital Expansion Fund for Crossroads Safehouse In the fall of 2009, Crossroads Safehouse requested assistance from the City in funding the renovation of its new, expanded domestic violence shelter. This Ordinance, unanimously adopted on First Reading on March 2, 2010, appropriates $350,000 from Police Capital Improvement Expansion Fees for the renovation and construction of Crossroads' new facility. This contribution of $350,000 will be contingent on Crossroads obtaining commitments from other funding sources for 90%of the total funding needed for the capital renovation of the Crossroads facility priorto beginning the construction. 14. First Reading of Ordinance No. 027 2010 Appropriating Prior Year Reserves. City Council authorized expenditures in 2009 forvarious purposes. The authorized expenditures were not spent or could not be encumbered in 2009 because: • There was not sufficient time to complete bidding in 2009 and therefore,there was no known vendor or binding contract as required to expend or encumber the monies. • The project for which the dollars were originally appropriated by Council could not be completed during 2009 and reappropriation of those dollars is necessary for completion of the project in 2010. • To carry on programs, services, and facility improvements in 2010 with unspent dollars previously appropriated in 2009. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2009 and reflect no change in Council policies. 15. First Reading of Ordinance No 028 2010 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2010 Adopted City Budget. The purpose of the previously appropriated funds remains the same: land conservation,construction of public improvements, restoration of wildlife habitat and other natural areas program needs to benefit the citizens of Fort Collins. 16. First 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. Municipal Code Section 7.5 Article II imposes certain fees, titled Capital Improvement Expansion Fees(CIEF)forthe purpose of funding the provisions of additional capital improvements as the City's population increases. The imposition of CIEFs ensures that new growth and development in the City bear a proportionate share of the costs of capital expenditures necessary to provide community park, library, police, fire and general government and transportation capital improvements. There is no Code section that speaks to the refunding of collected CIEFs to an owner/developer who has requested a refund due to the abandonment of the project and permit. The Code only provides that CIEFs may be refunded if they are not appropriated within seven years or expended within ten years from the date collected. This Ordinance 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. Page 5 17. Items Relating to a Review of the City's Stormwater Management Program. A. First Reading of Ordinance No. 030, 2010 Amending Section 26-492 of the Code Declaring the Purpose of the Stormwater Utility. B. First 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 adopt a revised stormwater purpose statement and new landscape design standards and guidelines for stormwater and detention facilities. The revised purpose statementwas 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. 18. First 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. 19. First Reading of Ordinance No. 033, 2010,Authorizing an Option to Lease, and a subsequent lease of. City-Owned Property at Fossil Creek Community Park 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, in the southeast area of Fossil Creek Community Park, near the maintenance buildings along South Lemay Avenue, 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. END CONSENT 20. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 21. Staff Reports. a. Poudre River Public Library District Annual Report 22. 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. 23. Items Relating to the FC Bikes Program. (staff: Kathleen Bracke, D.K. Kemp; 5 minute staff presentation; 15 minute discussion) A. Resolution 2010-018 Repealing Resolution 2010-008 and Authorizing the Mayor to Enter into an Intergovernmental Agreement with the State of Colorado Department of Transportation for the Purposes of Supporting the City's FC Bikes program for Fiscal Year 2010 Funding Period Utilizing Congestion Mitigation Air Quality Funds. The Colorado Department of Transportation (CDOT) has revised the FC Bikes Program funding contract with the City of Fort Collins for 2010-11. Originally, CDOT had programmed the contract for both fiscal years 2010 and 2011. However, on March 1, 2010, CDOT notified the City that it can only contract for one year at a time. Resolution 2010-018 repeals Resolution 2010-008 to clarify the authorization granted under this Resolution is only for the year 2010 and that the amount of funding provided by the CDOT Congestion Mitigation&Air Quality(CMAQ)grant is in the amount of$150,000 provided that the City expends matching funds in the amount of$37,500 for the 2010 budget year. This change in contract administration does not change the overall two year funding amount; it just divides it into two one year segments. B. Second Reading of Ordinance No. 012, 2010, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund to Be Used for the 2010 Fort Collins Bikes program (Option #1 or#2). On March 2, 2010, Council requested that the Congestion Mitigation and Air Quality(CMAQ) grant for the City's FC Bikes Program be amended. The amendment was to utilize$15,000 to$20,000 of the grant monies to issue a request for proposals (RFP)to: • hire a coordinator to write a Bike Safety Education Plan • act as a liaison to help coordinate the Safe Routes to Schools grant • develop the concept of a Master Cyclist program (in the context of the Bike Safety Education Plan) • explore the use of BOB funds to help build a Bike Safety Town in one of the City's parks Page 7 Staff explored the possibility of adding the objectives of the proposed amendment to the FC Bikes scope of work with the Colorado Department of Transportation and the North Front Range Metropolitan Planning Organization. Both organizations advised staff against adjusting the scope of work because some of the activities within the proposed amendment were not permissible using CMAQ funding and that the proposed changes to the scope of work would further delay the funding to June 2010 and/or jeopardize the funding altogether. The Bicycle Advisory Committee also discussed the proposed amendment at its March 8,2010 regular meeting. A motion was passed(6- 2) recommending that the Ordinance be approved by the Council in its original form without amendment(Option#1). C. Resolution 2010-019 Directing City Manager to Pursue the Concept of a "Master Cyclist" program and a "Bike Safety Town" in the Development of the Bike Safety Education Plan. Resolution 2010-019 directs staff to create a Bicycle Safety and Education Plan,develop the concept of a master Cyclist program, explore the use of annual Building on Basics revenues to potentially assist in the construction of a "Bike Safety Town" in one of the City's parks and coordinate the Bike Safety and Education Plan Project closely with the Safe Routes to School program. 24. First Reading of Ordinance No. 034,2010 Adopting a Development Agreement Extending the Term of Vested Property Rights for Rigden 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; 5 minute staff presentation; 10 minute discussion) This proposed Ordinance adopting a Development Agreement Extending the Term of Vested Rights for Rigden Farm Filing Six, is part of a larger settlement of a dispute between the Rigden Farm developers and the City. 25. Items Relating to Medical Marijuana. (staff: Teresa Ablao, Peter Barnes, Steve Dush, Steve Roy, Linda Samuelson, Ginny Sawyer, Jerry Schiager; 10 minute staff presentation; 2 hour discussion) A. Second Reading of Ordinance No. 025, 2010, Adding an Article to Chapter 15 of the City Code Governing the Licensing, Location and Operation of Medical Marijuana Businesses. B. Second Reading of Ordinance No. 026, 2010, Making Amendments to the City Land Use Code Relating to Medical Marijuana. Ordinance No. 025, 2010, adopted on First Reading on March 2, 2010, by a vote of 6-1 (nays: Roy), establishes a licensing process forall medical marijuana businesses as well as location requirements for medical marijuana dispensaries(MMDs)and their associated cultivation sites, and requirements governing the operation of these facilities. The regulations also address the cultivation of marijuana by patients and primary caregivers who serve no more than one patient and who do not need to obtain a City medical marijuana license. Ordinance No. 026, 2010, adopted on First Reading on March 2, 2010, by a vote of 6-1 (nays: Roy), provides zoning regulations for medical marijuana businesses. 26. Pulled Consent Items. 27. Other Business. 28. Adjournment. Page 8 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 majorityvote,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. Cit-yof WASTEWATER UTILITY F6rt CollinsDA 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. REGULAR MEETING March 16, 2010 after the Regular Council Meeting 1. Call Meeting to Order. 2. Roll Call. 3. Second Reading of Ordinance No. 005 Authorizing the Issuance of City of Fort Collins, Colorado Wastewater Utility Enterprise, Sewer Revenue Refunding Bonds, Series 2010A in the Maximum Aggregate Principal Amount of$4,100,000. (staff: Chuck Seest, Bill Freeman; 5 minute staff presentation; 5 minute discussion) The City of Fort Collins and its Wastewater Utility Enterprise have issued bonds to raise funds to pay for needed capital improvements that provide wastewater distribution and wastewater treatment services to residents and businesses within the City. In 2000, the City issued $5,665,000 of bonds to provide funding for improvements to the wastewater treatment facilities within the City. According to the provisions of the 2000 bonds, they are now eligible to be refinanced. The City will be paying off bonds with higher interest rates with new bonds that will have lower interest rates. The 2000 bonds carried interest rates of up to 5.50%. The refunding bonds in this ordinance are estimated to carry interest rates of between 3.00% — 4.00%. The present value savings on the lower rates are estimated to be approximately $300,000. The final rates will be determined by selling the bonds via a private placement later this year. This Ordinance was unanimously adopted on First Reading on February 23, 2010. 4. Other Business. 5. Adjournment.