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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 07/06/2010 - SUMMARY AGENDA Fort 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 July 6, 2010 Proclamations and Presentations 5:30 • A. Proclamation Declaring "Endurance" as the Character Focus for July 2010 and Recognition of the "Character in Action." B. Proclamation Declaring the week of July 18-24, 2010 as Flood Awareness 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 23. 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. 29, 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 June 8 2010 Adjourned Meeting and the June 15, 2010, Regular Meeting. 7. Second Reading of Ordinance No 068 2010 Making Various Amendments to the City of Fort Collins Land Use Code. This Ordinance,unanimously adopted on First Reading on June 15,2010, makes changes,additions and clarifications in the 2010 annual update of the Land Use Code. r Page 3 8. Items Relating to the Completion of the 2010 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 the Home Investment Partnership (HOME) Program and the City's Human Services Program. A. Second Reading of Ordinance No. 073, 2010, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 074, 2010, Appropriating Unanticipated Revenue in the Home Investment Partnerships Fund. Ordinance No. 073, 2010, appropriates the City's FY 2010 CDBG Entitlement Grant from the Department of Housing and Urban Development(HUD). Ordinance No.074,2010, appropriates the City's FY2010 HOME Participating Jurisdiction Grantfrom HUD. Both Ordinances were unanimously adopted on First Reading on June 15, 2010. 9. Second Reading of Ordinance No. 075 2010 Amending Section 5-265 of the City Code Relating to Occupancy Disclosure Statements. This Ordinance, unanimously adopted on First Reading on June 15, 2010, amends the City Code requirement for occupancy disclosure statements and will require notarized signatures or electronic verification only on lease transactions, not on sales. 10. Second Reading of Ordinance No. 076 2010 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Rangeview Adult Community Utility Improvements Proiect. The City Utilities Department plans to install new utility improvements along West Harmony Road on a property owned by Rangeview Adult Community Condominium Association(the"Association"). The project requires the acquisition of a utility easement from the Association. Due to the restrictive bylaws of the Association, the Association and the City have agreed to use eminent domain procedures to accomplish this acquisition. This Ordinance, unanimously adopted on First Reading on June 15, 2010, authorizes the use eminent domain proceedings. 11. Second Reading of Ordinance No 077 2010 Authorizing a Ratification and Agreement with Larimer Energy LLC for the Landfill Methane Gas Proiect and Authorizing the Use of City-Owned Property, Larimer County has entered into an agreement with Larimer Energy that allows Larimer Energy to install a landfill gas recovery system on landfill property,collect the methane gas, and sell the gas to a commercial energy user. The gas agreement gives Larimer Energy the right to exclusive use of a portion of the landfill property for a period of at least twenty years, and the right to build a facility on the property. This Ordinance, unanimously adopted on First Reading on June 15, 2010, authorizes the City of Fort Collins to enter into an agreement with Larimer Energy and the City of Loveland, ratifying the Gas Agreement, and consents to Larimer Energy's use of the jointly-owned landfill property. 12. Second Reading of Ordinance No 078 2010 Amending Ordinance No. 086 2009, to Adjust the Annual Lease Rate of City-Owned Property at 3620 Kechter Road. The City has owned and leased the property located at 3620 Kechter Road since 2002. This property is the smallest in acreage of the three developed horse properties that the City leases;yet, it has one of the highest monthly rents that the City charges on its rental properties. This Ordinance, unanimously adopted on First Reading on June 15, 2010, amends Ordinance No. 086, 2009, to reduce the monthly rent from$19,200/year to$15,600/year to retain tenant residency on a continuing basis. Page 4 13. First Readinq of Ordinance No 079 2010 Authorizing Conveyance of a Non-Exclusive Drainage Easement and Non-Exclusive Access Easement on City Property to New Prospect, LLC. New Prospect, LLC (the "Developer") is planning a development in the 800 block of East Prospect called New Prospect (the "Development"). As part of the requirements and design of the Development,the Developer has asked to purchase two easements on Mallards Nest Natural Area, owned by the City's Natural Resources Department. The easements consist of a drainage easement to meet the required stormwater retention criteria and stormwater outfall to Spring Creek and an access easement providing a pedestrian connection from East Prospect Road to the Spring Creek Trail. 14. First Reading of Ordinance No. 081 2010 Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2010-2011 Safe Routes to School Project. The City of Fort Collins Transportation Planning department has received an $88,250 federal grant through the Colorado Department of Transportation for the FY 2010-11 Safe Routes to School (SRTS) Program. This funding will allow the City of Fort Collins Safe Routes to School Program (administered and staffed by the Transportation Planning division)to provide non-infrastructure SRTS services for ten local schools. Non-infrastructure SRTS activities include in-class bicycle and pedestrian education,"train the trainers"program and training material development,and walking and ` bicycling encouragement events. The Fort Collins SRTS program partners with Poudre School District (PSD), the Bicycle and Pedestrian Education Coalition (BPEC) and Bicycle Colorado to provide in-class education and the"train the trainers"program. Additionally, the funds will cover the costs of free bicycle helmets for low-income students,federally-mandated data collection on walking and bicycling at the five local schools, and staff costs for program administration. The funding will allow the Fort Collins SRTS program to build on past successes and provide these services to ten additional schools. 15. First Reading of Ordinance No 082 2010 Appropriating Prior Year Reserves in the General Fund from Police Seizure Activities for Police Services. State law allows for the seizure of illegal contraband used in or gained from criminal activity. The intent is to deter crime and to recover proceeds gained through criminal conduct and apply those assets to defraying the costs of law enforcement. Asset seizure and forfeiture actions are civil cases that have been reviewed,filed,and pursued by the District Attorney's asset forfeiture specialist, and they are always accompanied by a parallel criminal. prosecution. Colorado state law requires that the proceeds from successful asset seizure and forfeiture actions are to be used for law enforcement purposes and that the governing body of the seizing agency appropriates these proceeds to supplement the seizing agency's budget or,'in the alternative, forfeit the proceeds to the general fund of the State of Colorado. 16. First Reading of Ordinance No 083 2010 Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. A grant in the amount of$21,574 has been received from the Colorado Division of Criminal Justice Juvenile Diversion fund for salaries associated with the continued operation of Restorative Justice Services,which includes the RESTORE program for shoplifting offenses,and the Restorative Justice Conferencing Program for all other offenses. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm done by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice officials are optimistic repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. A$7,191 cash match is required for the $21,574 grant and will be met by appropriating funds from the police operating budget. Page 5 17. First Reading of Ordinance No 084 2010 Appropriating Prior Year Water Fund Reserves for the Advanced Metering Infrastructure Capital Proiect and Authorizing the Transfer of Existing Water Fund Operating Appropriations and the Transfer of Existing Water Meter Capital Project Appropriations to the Water Advanced Metering Infrastructure Capital Proiect. The Water Utility is planning to convert all water meters to Advanced Metering Infrastructure (AMI) technology in coordination with the Smart Grid Investment Project in the Light and Power Utility. The Water Utility's cost for the AMI project is estimated at$4,000,000. These costs are not covered in the Smart Grid Investment Grant(SGIG)obtained by Light and Power, however,the Water Utility will benefit from many of the technology and security improvements funded by the SGIG grant. To fund the project,the Water Utility is proposing to use$2,000,000 in existing appropriations to transfer into the Water Fund's AMI capital project and appropriating another $2,000,000 from Water Fund reserves. Savings in the Water Fund are projected to exceed$1,000,000 per year. Savings include the reduction of meter reading staff and increased revenues from more accurate metering. 18. First Reading of Ordinance No. 085 2010 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the North College Avenue Roadway Improvement Project, Phase II. The North College Avenue Roadway Improvement Project, Phase II (the "Project") is a road improvement project that extends from Vine Drive on the south to the intersection of Conifer Street on the north and is to be constructed in 2011. The purpose of the project is to construct interim improvements in accordance with the City of Fort Collins North College Corridor Plan and the US 287/SH 14 Access Management Report. This project will also improve the safety, operations, and aesthetics between Vine Drive and the Hickory/Conifer intersection. The City will need to acquire certain lands adjacent to the project area for the improvements. These acquisitions include both fee simple acquisitions and permanent and temporary easements. Timely acquisition of the property interests is necessary, given the anticipated construction schedule for the project. 19. First Reading of Ordinance No 086 2010 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project, Phase III-A. The Mason Express ("MAX"), Bus Rapid Transit Project is presently in the right-of-way acquisition phase of the project. Phase III-A is required to proceed with a small acquisition necessary for the planned South Transit Center facility. Phases I, II,and III were adopted by City Council last year,and acquisitions are underway on these phases. As a federally funded transportation project,acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970,as amended(Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to Colorado State Statutes in the official Notice-of-Interest Letter. This letter is the first official step in the acquisition phase and must occur in advance of the appraisals. Authorization from City Council is needed prior to sending this letter to property owners. The recommended construction schedule and use of federal funds requires the timely acquisition of the necessary property interests. City staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 20. First Reading of Ordinance No. 087 2010 Authorizing the Conveyance of Two Parcels of Real Property on North College Avenue to the Colorado Department of Transportation by Warranty Deed. In June 2007, Council adopted Ordinance No. 068,2007, authorizing the conveyance of two parcels on North College Avenue to the Colorado Department of Transportation(CDOT)via quitclaim deed. The City constructed Phase I of the North College Improvements Project in 2003. For this project, the City and CDOT agreed that all property interests acquired for the Project would be deeded to the City. At the time of the Ordinance in 2007, the City had completed a number of transactions with CDOT using a quitclaim deed and City staff believed CDOT would complete this transaction with this Page 6 same form of conveyance document. CDOT has since requested the City convey the property interests via warranty deed instead. Since Ordinance No.068,2007,specifically stated the City would use a quitclaim deed for the conveyance, City staff is requesting adoption of a new ordinance specifying the City will convey the property interests using a warranty deed. 21. First Reading of Ordinance No 088 2010 Exempting the Fort Collins Discovery Museum Project from the Requirement of Section 2.2.3(C)(3)(a) of the Land Use Code. The location of the planned Discovery Museum is on a portion of City-owned property known as Martinez Park. The project team has been moving forward with its design for quite some time. As part of this process, City staff ordered a title commitment to show that the City is the owner of the Facility site. During the title research process,the title company discovered a small area of land had not been included in any of the property conveyances since 1879. In order for the project to continue upon,its planned schedule and to avoid negative impacts to the project budget,staff is requesting that Council, through this Ordinance, exempt the parcel from the Land Use Code requirement that all owners of recorded fee interests in the Facility property sign the plat;and authorize the City Manager and the City Attorney to respectively sign and certify the Facility plat on behalf of the City as owner of the property shown on the plat, including the parcel. 22. Resolution 2010-035 Supporting the Grant Application for a Local Parks and Outdoor Recreation Grant from the State Board of the Great Outdoors Colorado Trust Fund for the Fort Collins Discovery Museum Outdoor Exhibitions and Programs. In August 2010, the Fort Collins Museum plans to submit a grant application to the State Board of Great Outdoors Colorado (GOCO) requesting $200,000 in support of the construction of outdoor exhibitions and programming spaces at the new museum facility. The GOCO Board requires a resolution from the applicant's governing body in support of the application and recognition of financial and other obligations inherent in the grant. 23. Resolution 2010-036 Authorizing the City Manger to Enter into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for the Receipt of Funds for the Fossil Creek Trail at County Road 38E. Great Outdoors Colorado has awarded the City a Special Opportunity Grant for the completion of the Fossil Creek Trail north of Cathy Fromme Prairie to Spring Canyon Community Park, designating $500,000 for this construction-ready trail project. END CONSENT 24. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 25. Staff Reports. 26. Councilmember Reports. Page 7 DI CUSSION ITEMS 4, 1The 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. 27. Second Reading of Ordinance No. 080 2010 Calling a Special Municipal Election to Be Held in Conjunction with the November 2, 2010 Larimer County General Election. (staff: Darin Atteberry, Mike Freeman; 5 minute staff presentation; 30 minute discussion) This Ordinance, adopted on First Reading by a vote of 6-1 (nays: Kottwitz), calls a Special Municipal Election to be held in conjunction with the November 2, 2010 Larimer County General Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot it would need to do so no later than at its August 17 meeting. If Council does not take action by resolution before the statutory deadline (September 3)to certify ballot language to Larimer County,the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 2, 2010 ballot. However, for the past several months City staff has been conducting a community dialogue about how to address pressing, unfunded needs in street maintenance, police, fire, parks and recreation. Staff recommends that voters have an opportunity to decide via an election. Adoption of this Ordinance is a required step in preserving the option for City Council to submit a sales tax increase to the voters should they so choose. Pursuant to Council direction on June 15, a Whereas clause has been added to the ordinance to indicate the possibility of placing a measure on the November 2 ballot that would seek an increase in the City's sales and use tax rate. 28. Resolution 2010-037 Approving the Design Project Schedule and Amount ofTax Revenue to Be Set Aside for the Construction Operation and Maintenance of the Fort Collins Discovery Museum. (staff: Ron Kechter, Ken Mannon, Cheryl Donaldson, Marty Heffernan; 15 minute staff presentation; 30 minute discussion) The Discovery Museum Team is requesting approval of the design for the new Discovery Museum, based upon a presentation that provides the current drawings of the site, landscaping, floor plan, axonometric views,elevations,street view,exterior finishes and fencing. The team requests approval of the scheduling, which anticipates construction starting in July 2010 and completion in December 2011. Additionally, the team is requesting approval of the amount of BOB funding for this project. Page 8 29. Pulled Consent Items. 30. Other Business. 31. Adjournment. Every Council meeting will end no laterthan 10:30 p.m., exceptthat: (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. v