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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 03/02/2010 - SUMMARY AGENDA CITY COUNCIL AGENDA F6rt Coltins 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 2, 2010 Proclamations and P I resentations 5:30 • A. Proclamation Declaring Resourcefulness as the Character Focus for March 2010 and Recognition of the"Character in Action." B. Proclamation Declaring March as National Women's History Month. C. Proclamation Declaring March as Census 2010 Awareness Month. D. Proclamation Declaring March as "Stop the Traffik-End Human Trafficking" Month. Regular • 1 1 • 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 22. 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 Calendarwill be considered separately under Item No. 28, 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. Second Reading of Ordinance No. 009, 2010, Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Program. This Ordinance, unanimously adopted on First Reading on February 23,2010, appropriates funding in the amount of $15,000 from a grant received from the Bohemian Foundation for salaries associated with the continued operation of the RESTORE Program within Restorative Justice Services. 7. Second Reading of Ordinance No. 010, 2010, Appropriating Proceeds from 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, in the Wastewater Utility Fund. This Ordinance, unanimously adopted on First Reading on February 16, 2010, appropriates the Wastewater Utility Enterprise Fund proceeds from bonds issued by Ordinance No. 005 of the Board of the Wastewater Utility Enterprise. The bonds will refund, pay and discharge all of the outstanding Sewer Revenue Bonds, Series 2000. The bonds being refunded have interest rates of 5.00% to Page 3 5.50%; the new bonds should result in an average interest rate of less than 4.00%. Overall, the transaction should yield cashflow savings of approximately$300,000 and net present value savings of at least$275,000. 8. Second Reading of Ordinance No. 011 2010 Appropriating Unanticipated Grant Revenue in the Transportation Services Fund to Be Used for the 2010-2011 Fort Collins Bike Library Program. The Fort Collins Bike Library Program(FCBL)has been awarded Congestion Mitigation&Air Quality (CMAQ) grant funding from the North Front Range Metropolitan Planning Organization and the Colorado Department of Transportation for work to be completed FY 2010 and 2011. The City of Fort Collins contracts with Bike Fort Collins,a local non-profit cycling organization,to manage and operate the FCBL. The Fort Collins Bike Library Program includes the continual improvement, refinement, and expansion of the Bicycle Library Program and services. These activities include improving marketing and operational practices. Expansion includes incorporating additional bicycles and check- out stations into the FCBL Program and incorporating additional community partners such as schools, businesses, and non-profit organizations. This Ordinance, unanimously adopted on First Reading on February 23, 2010, appropriates these grant funds. 9. Second Reading of Ordinance No. 012, 2010, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund to Be Used for the 2010-2011 Fort Collins Bikes Program. The City of Fort Collins' FC Bikes Program has been awarded Congestion Mitigation &Air Quality (CMAQ)grant funding from the North Front Range Metropolitan Planning Organization and Colorado Department of Transportation. Using these FY2010-11 federal funds, the City's FC Bikes Program takes a comprehensive approach to building the City's bicycle program. The refinement and expansion of the FC Bikes Program includes improving community outreach and operational practices to increase bicycling while integrating safety components in a comprehensive manner throughout all of the programmatic activities. Expansion elements include adding new events, campaigns, programs, and a regional coordination component to improve safety and to increase the number of people bicycling throughout the community as well as commuting to and from Fort Collins and neighboring communities. This Ordinance, unanimously adopted on First Reading on February 23, 2010, appropriates the grant funds. 10. Second Reading of Ordinance No.013,2010,Approving an Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation. Growth Management, and Related Issues Extending the Deadline for the City of Fort Collins to Accomplish an Amendment to the City's Growth Management Area Boundary and Extending the Deadline for the Town of Timnath to Exercise an Option to Buy the City-owned Vangbo Open Space Property. On February 17, 2009, the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement regarding annexations,growth management,and related issues. The agreement resolved certain differences that had arisen between the City and Town concerning a variety of planning and growth management issues. The agreement set one-year deadlines for the City to amend its Growth Management Area boundary and forthe Town to exercise a purchase option to acquire the City-owned Vangbo Open Space property. Ordinance No. 013, 2010, unanimously adopted on First Reading on February 16, 2010, extends those deadlines for six months (with the possible extension for an additional six months) and one year respectively. 11. Second Reading of Ordinance No, 014, 2010, Vacating a Portion of Corbett Drive Right-of-way as Dedicated on the Plat of Front Range Village. The center of the roundabout at Corbett Drive and Council Tree Avenue in the Front Range Village Shopping Center, located at the northeast corner of Ziegler Road and Harmony Road, is proposed for vacation. The shopping center desires to place a Christmas tree and other decorations in the Page 4 landscaped area of the roundabout during the holiday season. The City's holiday policy does not allow for this. This Ordinance, unanimously adopted on First Reading on February 16, 2010 vacates the center of the roundabout, at the request of Front Range Village. The center of the roundabout is currently maintained by Front Range Village and that will not change with this request. 12. First Reading of Ordinance No. 017, 2010, Authorizing the Transfer of Existing Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the North College Avenue and East Willox Lane Improvements Project. This Ordinance 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 project is jointly funded by the North College Urban Renewal Authority, the Street Oversizing Program, and developer contributions. 13. First 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 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. 14. First 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. Staff has identified changes to the City Code that are necessary to reflect recent changes to permits and policies issued by the Colorado Department of Public Health and Environment(CDPHE) and to improve enforcement mechanisms related to stormwater quality. The Ordinance will allow 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 VI I 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. 15. First Reading of Ordinance No. 020, 2010 Amending Chapter 26 of the City Code Relating to Industrial Pretreatment Local Limits and Requirements. This Ordinance amends the City Code to provide legal authority to implement and enforce revised Federal pretreatment regulations. The Ordinance also contains revised pollutant local limits applicable to industrial wastewater dischargers. The modifications and revised local limits were developed based upon Environmental Protection Agency (EPA) Region VIII requirements and guidance and will be subject to EPA approval between the First and Second Reading of the Ordinance. 16. First Reading of Ordinance No.021,2010,Authorizing 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 Page 5 discovered the utility improvements were erroneously installed outside the granted easement area. Qwest is requesting the City convey new easements to reflect the actual location of the installed equipment. Qwest has also expressed interest in acquiring 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. 17. First 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 item is a request to expand the boundaries of the Downtown Development Authority(DDA)and to amend the Plan of Development of 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 center at the 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. 18. First 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 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. 19. Resolution 2010-014 Making Findings of Fact and Conclusions Pertaining to the Appeal by the Riqden Farm Master Association of the December 9, 2009 Determination of the Landmark Preservation Commission to Deny the Association's Request for Permission to Install Fiber Cement Siding on the Rigden Farm "Barn." On December 23,2009, a Notice of Appeal was filed regarding the December 9, 2009 decision of the Landmark Preservation Commission to deny the request to install fiber cement siding on the historic Rigden Farm Barn. On February 16, 2010, City Council voted 7-0 to uphold the decision of the Landmark Preservation Commission. In order to complete the record regarding this appeal, Council should adopt a Resolution making findings of fact and finalizing its decision on the Appeal. 20. Resolution 2010-015 Authorizing the City Manager to Execute the 2010 Grant Agreement with the Federal Aviation Administration for Improvements at the Fort Collins-Loveland Municipal Airport. This Resolution authorizes the City Manger to execute a grant from the Federal Aviation Administration for Entitlement funds in the amount of$500,000. These funds will be used for design services for a capital construction project that will be done this summer. The capital project will rehabilitate the Airport's primary runway and is anticipated to cost approximately$6.5 million. 21. Resolution 2010-016 Making Appointments to Various Boards and Commissions. This Resolution appoints new members to the Air Quality Advisory Board, the Community Development Block Grant Commission, the Parks and Recreation Board, and the Women's Commission. 22. Routine Deed General Warranty Deed from LN Real Estate, LLC,fora small strip of right-of-way as part of the City's North College Avenue and Willox Lane Intersection Improvement Project next to the North College Marketplace development. Monetary consideration: $10. Page 6 END CONSENT 23. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 24. Staff Reports. 25. 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. 26. First Reading of Ordinance No. 024, 2010, Appropriating $350,000 from Prior Year Reserves, Committed to Police, in the Capital Expansion Fund for Crossroads Safehouse. (staff: Darin Atteberry, Tess Heffernan; 10 minute staff presentation; 30 minute discussion) In the fall of 2009, Crossroads Safehouse requested assistance from the City in funding the renovation of its new, expanded domestic violence shelter. Council directed staff to investigate options for funding Crossroads. Following further scrutiny of HUD regulations, a professional appraisal of the existing shelter(which is owned by the City), a review of Crossroads'financials and business plan for its new facility, and an evaluation of the City's capital improvement expansion fees the following is recommended: 1. That the City Council appropriate$350,000 from Police Capital Improvement Expansion Fees for the renovation and construction of Crossroads' new facility; and 2. That the sale of the existing Safehouse facility be deferred until at least 2014, at which time existing obligations to HUD will be fulfilled, the City will own the building free and clear, and Council can formally consider the option of selling the building and using a portion of the revenues to repay the Police Capital Expansion Fund. Page 7 27. Items Relating to Medical Marijuana. (staff: Teresa Ablao, Peter Barnes, Steve Dush, Steve Roy, Linda Samuelson,Ginny Sawyer,Jerry Schiager;20 minute staff presentation;90 minute discussion) A. First 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 Dispensaries. B. First Reading of Ordinance No. 026, 2010, Making Amendments to the City Land Use Code Relating to Medical Marijuana. City staff has prepared two ordinances regulating medical marijuana businesses for Council's consideration. Second Reading of these ordinances is scheduled for March 16, 2010. The first proposed ordinance establishes a licensing process for all 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 do not constitute an MMD. The second ordinance provides zoning regulations for medical marijuana businesses. The overall purpose of the regulations that would be imposed by the ordinances is to protect the rights of patients and primary caregivers as afforded byAmendment 20 and to also protect the public health, safety, and welfare of the community. The uniqueness and newness of this industry set it apart from other licensed business models and these regulations focus on serving the community as a whole, and not on protecting particular business models. A moratorium on the issuance of new licenses to medical marijuana businesses went into effect on December 11, 2009 and is scheduled to expire on March 31,2010. If approved on Second Reading as scheduled, the ordinances would take effect prior to the expiration of the moratorium. 28. Pulled Consent Items. 29. Other Business. 30. Adiournment. 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.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 Council,will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. City of 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 after the Regular Council Meeting 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 2, 2010 1. Call Meeting to Order. 2. Roll Call. 3. Second Readinq of Ordinance No. 005, Authorizinq 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.