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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/18/2010 - SUMMARY AGENDA City0f 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 May 18, 2010 Proclamations and Presentations 5:30 • A. Proclamation Declaring May as Mental Health Month. B. Proclamation Declaring May as Foster and Kinship Care Month. C. Proclamation Declaring the Year 2010 as the 25th Anniversary of Old Town Square. ,D. Proclamation Declaring May as Historic Preservation Month. Regular • 11 • PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. Pa_ ge2 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 20. 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. 27, 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 April 20, 2010, Regular Meeting. 7. Second Reading of Ordinance No. 048,2010,Appropriating Grant Funds for the Gardens on Spring Creek. The Gardens on Spring Creek has received a total of$41,375 in grant funding for two part-time, hourly positions, a Community Garden and Outreach Coordinator and a Fund-raising Coordinator. This Ordinance,unanimously adopted on First Reading on May4,2010,appropriates the grantfunds. 8. Second Reading of Ordinance No. 049, 2010, Appropriating Unanticipated Grant Revenue and Transferring Prior Year Reserves in the Northern Colorado Drug Task Force Reserve to the General Fund for the Northern Colorado Drug Task Force. This Ordinance, unanimously adopted on First Reading on May 4, 2010, appropriates grant funds received from the Office of National Drug Control Policy and also transfers $173,381 from the Northern Colorado Drug Task Force forfeiture reserve account to cover unfunded expenses. Page 3 9. Second Reading of Ordinance No. 050, 2010, Appropriating Unanticipated Grant Revenue in the General Fund for Police Services and Providing for the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. This Ordinance, unanimously adopted on First Reading on May 4, 2010, appropriates grant funds received from the Colorado Division of Criminal Justice,Juvenile Diversion, in the amount of$6,142 for Restorative Justice Services. An in-kind match of $2,047 is required and has been met by donated administrative support from the 8th Judicial District Probation Department. Additional funds of$1,965 are needed to meet expenditure requirements of the Division of Criminal Justice Juvenile Accountability Incentive Block Grant, which also funds Restorative Justice Services. This need will be met by appropriating funds from prior program income. 10. Second Reading of Ordinance No. 051, 2010, Appropriating Unanticipated Revenue in the General Fund for the Purchase Training and On-going Maintenance of the E911 and Emergency Dispatch Systems at Fort Collins Police Services Dispatch Center. Larimer Emergency Telephone Authority (LETA) provides funds to the Fort Collins Police Services to be used for equipment and training to process E911 calls. This Ordinance, unanimously adopted on First Reading on May 4, 2010, appropriates those funds. 11. Items Relating to the Downtown Alley Proiect. A. Second Reading of Ordinance No. 052, 2010, Appropriating Unanticipated Revenue in the Downtown Alley Enhancement Project. B. Resolution 2010-027 Authorizing an Intergovernmental Agreement with the Downtown Development Authority Regarding the Renovation and Redevelopment of Certain Downtown Alleys. , Ordinance No. 052, 2010, adopted unanimously on First Reading on May 4, 2010, appropriates the Downtown Alley Enhancement Project funding for construction of the Old Firehouse and Montezuma Fuller Alley Project. The City will be administering the construction contract for the Downtown Development Authority. Resolution 2010-027 authorizes an Intergovernmental Agreement that City staff has negotiated with the DDA to provide for cooperative management of the Downtown Alleys Enhancements Project for the renovation of the Montezuma Fuller Alley and the Old Firehouse Alley. The Intergovernmental Agreement also provides for ongoing DDA maintenance of the alley improvements,to be carried out on a contractual basis by the City at DDA expense for the initial two years after completion. After award of the construction contract in early June, the project will proceed to completion during the summer of 2010. Arrangements for work in additional alleys in the future will be addressed in subsequent arrangements between the City and the DDA. 12. Second Reading of Ordinance No. 053, 2010.Authorizing the Use of a Portion of Bernard Ranch as Match for a Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service. This Ordinance, unanimously adopted on First Reading on May 4, 2010, authorizes the City to use a 660 acre purchase of the Bernard Ranch as match toward a Neotropical Migratory Bird Conservation Act Grant, as well as management funds currently obligated in the Natural Areas budget. Using the funds already spent as match towards this grant is a great secondary benefit for the City. The$240,026 grant will fund Rocky Mountain Bird Observatory's(RMBO)critical research and monitoring work to inform conservation strategies and management for 30 high priority grassland birds within the Laramie Foothills Mountains to Plains Project, the Shortgrass Prairie Bird Conservation Region and in the Chihuahuan Desert of Mexico. Page 4 13 . Items Relating to Sales , Use and Lodging Tax. A. Second Reading of Ordinance No . 054 , 2010 , Amending Chapter 25 , Article III of the City Code Concerning Sales and Use Tax . B . Second Reading of Ordinance No . 055 , 2010 , Amending Section 25-252 of the City Code Relating to the Vendor Fee for Collecting and Remitting Lodging Tax. Ordinance No . 054 , 2010 , modifies City Code to allow for use of a certified electronic address database for determining whether or not a customer is in the City, and simplifies tax collection regarding definitions , waivers , and notice . Ordinance No . 055 , 2010 , eliminates the City's current vendor fee for lodging tax licensees . Both Ordinances were unanimously adopted on First Reading on May 4 , 2010 . 14 . Second Reading of Ordinance No . 056 , 2010 , Authorizing Conveyance of Non- Exclusive Drainage Easement on City Property to Provincetowne , LLC . In 2006 , the City of Fort Collins conveyed a permanent drainage easement to KB Home Colorado on City property. This City-owned property is a future neighborhood park for the benefit of the Provincetowne P . U . D . Filing Three Development (the " Development") . The City of Fort Collins Park Planning and Development Department is ready to develop the park, now known as Water's Way Neighborhood Park. The design of the Park requires the alignment of the easement granted in 2006 to move farther south and cross a portion of Pelican Marsh Natural Area . This Ordinance , unanimously adopted on First Reading on May 4 , 2010 , authorizes the conveyance of a new permanent drainage easement reflecting the new alignment to the owner of the Development, which is now Provincetowne , LLC . The 2006 easement will be terminated when the new easement is granted . 15 . First Reading of Ordinance No . 057 , 2010 , Appropriating Unanticipated Grant Revenue in the General Fund for the Restoration of the Coca-Cola and Angell 's Delicatessen Sign Located on Mountain Avenue . This request is for appropriating unanticipated revenue in the amount of $44 , 694 for the restoration of the Coca-Cola and Angell ' s Delicatessen sign on the J . L . Hohnstein Block, 220 East Mountain Avenue . The City of Fort Collins was awarded a $22 , 200 State Historical Fund (SHF) grant in 2009 by the Colorado Historical Society to restore the deteriorating historic 1958 sign . Matching funds in the amount of $22 ,494 will be provided by the Downtown Development Authority, the City of Fort Collins , the building ' s owner, Progressive Old Town Square , LLC , and the Fort Collins Historical Society. The City of Fort Collins will be responsible for managing the project and receiving and administering the grant and cash match funds . 16 . First Reading of Ordinance No . 058 , 2010 , Appropriating $200 , 000 From Prior Year Reserves in the General Fund to Be Contributed to the Town of Tinmath , Colorado for Improvements to the Boxelder Overflow Protect. Ordinance No . 0121 2009 , adopted on January 20 , 2009 , appropriated $ 1 . 2 million in the Stormwater Fund and Self- Insurance Fund and irrevocably pledged $800 , 000 in the General Fund to be contributed to the Town of Timnath , Colorado for improvements to the Boxelder Overflow Project. Ordinance No . 0121 2009 states that the City will make four payments of $200 , 000 from the General Fund each year, starting in 2010 . This Ordinance appropriates the first payment of $200 , 000 forfiscal year 2010 . Subsequent payments will be appropriated in each of the next three years . 17 . First Reading of Ordinance No . 059 , 2010 , Amending Chapter 23 of the City Code Pertaining to Excavations , Obstructions and Encroachments . This Ordinance will accomplish three things : Page 5 1. Sec. 23-20 of the Code will be amended to require anyone with an excavation permit to restore an excavated area to its original condition when the excavation is complete. 2. Sections 23-61 through 23-67 of the Code pertaining to the obstruction permit will be amended to allow the permit to be issued for non-construction-related purposes. 3. A housekeeping change to Sec. 23-81 of the Code clarifies the circumstances for issuance of the special event permit, the obstruction permit, and the encroachment permit. 18. First Reading of Ordinance No 060 2010 Extending the Contracts of the City's Medical Service and Benefits Consulting Providers for Employee Benefits Programs. The vendors providing medical coverage and benefits consulting services for City employee have serviced the City of Fort Collins for many years. This Ordinance will approve an extension of the current agreements with those vendors, Great-West and Mercer, for an additional year to allow for sufficient time and resources for a competitive process to be completed in 2011. 19. Resolution 2010-028 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide grants to fund community events. This Resolution adopts the recommendations from the Cultural Resources Board to disburse these funds. 20. Routine Deed of Dedication. Deed of Dedication from Lafarge West, Inc., for a deed of dedication for street right-of-way at Harmony Road and Strauss Cabin Road. Monetary consideration: $0. END CONSENT _ 21. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 22. Staff Reports. 23. 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. 24. Resolution 2010-029 Approving an Agreement Between the City and Hewlett Packard Company to Provide Business Investment Assistance for the Building 6 Annex Expansion. (staff: Darin Atteberry, Mike Freeman, Josh Birks; 10 minute staff presentation; 20 minute discussion) The Hewlett-Packard Company is expanding operations at its Harmony Road facility. The expansion plan includes constructing an Engineering Focused Lab by retrofitting 40,000 square feet of the Building 6 Annex. The additional operations will create over 100jobs,with an annual average wages of $90,000. The expansion will include two phases totaling $64.4 million in construction and equipment investment. The City proposes offering a Business Investment Agreement, including two performance based investments: (1)a one-time use tax rebate on the lab equipment purchased at installation, and (2) a personal property tax rebate on the same lab equipment for ten years. Both investments relate to revenues the City would not otherwise collect if the expansion did not occur. The total investment package has a value of $1.6 million over ten years. During the same time period, the City will receive $2.0 million in revenues, net of the investments made. 25. Items Relating to the Platte River Power Authority Contracts. (staff: Brian Janonis, Steve Catanach; 10 minute staff presentation; 45 minute discussion) A. First Reading of Ordinance No. 061, 2010, Authorizing an Amended and Restated Organic Contract for Platte River Power Authority. B. First Reading of Ordinance No. 062, 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. Page 7 26. Items Relating to the Smart Grid Investment Proiect. (staff: Steve Catanach, Kraig Bader, Dennis Sumner; 5 minute staff presentation; 30 minute discussion) A. Second 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. B. Resolution 2010-030 Authorizing a GrantAgreem entwith the U.S.Department of Energy and Intergovernmental Project Agreements with Cities of Longmont, Loveland, and Fountain to Receive Grant Funds for Installation and Deployment of Smart Grid Technology Through the Smart Grid Investment Grant program. 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 as FCU was advised DOE wanted collaborative projects that included larger geographic areas and integrated funding. Ordinance No. 043, 2010, adopted on First Reading on April 20, 2010 by a vote of 6-1 (Nays: Kottwitz) appropriates $18,101,264 in unanticipated grant revenues and $16,788,863 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. Any funds not utilized by the project,will be applied to debt service on the bonds. This ordinance also appropriates $211,137 for bond issuance costs. These appropriations are all in the Light and Power Fund. Resolution 2010-030 authorizes the City Manager to execute the agreement with the Department of Energy and enter into intergovernmental agreements with the Cities of Longmont, Loveland and Fountain. The DOE grant provides Fort Collins Utilities with an opportunity to install an AMI system, accelerate the implementation of its long range IT needs and to begin the modernization of its electrical distribution system. 27. Pulled Consent Items. 28. Other Business. 29. 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 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. City of ELECTRIC ENTERPRISE F6rt Collins AGENDA 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. ELECTRIC UTILITY ENTERPRISE MEETING May 18, 2010 (after the Regular Council Meeting) 1. Call Meeting to Order. 2. Roll Call. 3. Consideration and Approval of the minutes from the April 20, 2010 meeting. 4. Second 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 Qualified Enerqv Conservation 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; 10 minute staff presentation; 10 minute discussion) Ordinance No. 001, adopted on First Reading on April 20, 2010, by a vote of 6-1 (nays: Kottwitz), authorizes the issuance of $17,000,000 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(SGIG) project. 5. Other Business. 6. 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, Executive Director Steve Roy, City Attorney Wanda Krajicek, Secretary 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. URBAN RENEWAL AUTHORITY MEETING May 18, 2010 (after the Electric Utility Enterprise Meeting) 1. Call Meeting to Order. 2. Roll Call. 3. 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; 20 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 and street oversizing fees required of the applicant through the Development Review process. The TIF request is $197,460 and financing costs total $47,000, thus the total TIF request is $244,460. 4. Resolution No. 024 Adopting Policies and Procedures for the Fort Collins Urban Renewal Authority. (staff: Christina Vincent; 5 minute staff presentation; 25 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. 5. Other Business. 6. Adiournment.