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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 08/17/2010 - SUMMARY AGENDA Cit CITY COUNCIL AGENDA F6rt Collins Doug Hutchinson, Mayor Kelly Ohlson, District 5, Mayor Pro Tem 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 call221-6515(TDD 224-6001)for assistance. REGULAR MEETING August 17, 2010 Proclamations and Presentations 5:30 • A. Proclamation Declaring"Meekness"as the Character Focus for August 2010 and Recognition of the "Character in.Action." B. Proclamation Declaring the 2010-2011 School Year as the Poudre School District 50th Anniversary Celebration. C. Proclamation Declaring August 21-22, 2010 as Arts Appreciation Weekend. 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 17. 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. 25, 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 July 6 and July 20 2010 Regular Meeting and the July 27, 2010 Adjourned Meeting 7. Second Reading of Ordinance No.089 2010 Appropriating Unanticipated Grant Revenue in the Light . and Power Fund from the Colorado Governor's Energy Office New Energy Economic Development Program Funded under the American Recovery and Reinvestment Act. This Ordinance, unanimously.adopted on First Reading on July 20, 2010, appropriates grant funds in the amount of$72,000, received from the State of Colorado Governor's Energy Office. The project funded by the grant will conduct a pilot implementation of the"Carbon City Sustainability Information Management System"(SIMS). This pilot project will strengthen already budgeted initiatives for home and business energy efficiency improvements in Fort Collins. Page 3 8. Items Relating to Payment of Debt Service on 2010 Downtown Development Authority Bonds. A. First Reading of Ordinance No. 090, 2010, Authorizing the Issuance of City of Fort Collins, Colorado,Downtown Development Authority Taxable Tax Increment Revenue Bonds,Series 2010A, Dated Their Delivery Date, in an Aggregate Principal Amount Not to Exceed $10,000,000, and Tax-exempt Tax Increment Revenue Bonds, Series 2010B, Dated Their Delivery Date, in an Aggregate Principal Amount Not to Exceed$4,000,000,for the Purpose of Financing Certain Capital Improvements, Capital Projects and Development Projects Within the Downtown Development Authority Area; Providing for the Pledge of Certain Incremental Ad Valorem Tax Revenues to Pay the Principal of and Interest on the Bonds; Approving Documents in Connection Therewith; and Ratifying Action Previously Taken and Appertaining Thereto. B. First Reading of Ordinance No.091,2010,Appropriating Proceeds from the Issuance of City of Fort Collins,Colorado,Downtown Development Authority Taxable Tax Increment Revenue Bonds,Series 2010A and Tax-exempt Tax Increment Revenue Bonds,Series 2010B,for the Purpose of Making Certain Capital Improvements, Capital Projects and Development Projects Within the Downtown Area of Fort Collins. Ordinance No. 090, 2010, authorizes the issuance and sale of City of Fort Collins Downtown Development Authority(DDA)Taxable and Tax-Exempt Subordinate Tax Increment Revenue Bonds, Series 2010A and 2010E in the maximum aggregate principal amount of$14,000,000. The proceeds of the bonds, appropriated in Ordinance No. 091, 2010, net of issuance expenses, will be used to make capital improvements and fund programs in the downtown area consistent with the mission of the Fort Collins Downtown Development Authority. The bonds are anticipated to have final maturities no longer than ten years from the date of issuance. 9. First Reading of Ordinance No. 092, 2010,Authorizing the Conveyance of a Portion of City Property in Exchange for a Parcel of Land Along the Spring Canyon Ditch Outlet Pipe. This Ordinance authorizes a land exchange between the City of Fort Collins and McCreek, LLC,who is the owner and developer of McClelland's Creek PD&PLD, 5th Filing. McCreek, LLC is the owner and developer of Outlot D, McClelland's Creek PD& PLD, 5th Filing (the"Development Property"). The City Stormwater Department owns a tract of land just east of the Development Property(the"City Property"). In 2009, City staff coordinated with the developer to install a pipe in the area of the Spring Canyon Ditch due to recurring overflow and seepage issues. The pipe installation required the construction of a berm. The City would prefer to own and manage the entire berm area. The City and developer have agreed to exchange property so that the new property boundaries follow the edge of the berm. 10. Items Relating to the Final Design and Construction of the Transfort South Transit Center. A. Resolution 2010-048 Authorizing the Execution of an Amendment to the Intergovernmental Agreement Between the City of Fort Collins and the Colorado Department of Transportation for the Design and Construction of the South Transit Center. B. First Reading of Ordinance No. 093,2010,Appropriating Prior Year Reserves in the Transit Services Fund For Transfer to the Capital Projects Fund and Appropriating Unanticipated Revenue in the Capital Projects Fund, Mason Corridor Project for the South Transit Center Project. The South Transit Center(STC)will serve as Transfort's southern transit hub, replacing the current Transit Center at The Square shopping mall. The STC will serve a wide range of users with parking spaces and access to the Mason Trail,as well as the Transfort bus service.The South Transit Center will also serve as a transfer point for regional FLEX service and the Mason Bus Rapid Transit system known as MAX. The South Transit Center will contain a bus turnaround, pedestrian shelters, Page 4 customer service counter, retail space, site furnishings for passenger comfort and safety, security lighting,identification signage,signage for transit rider information and landscape improvements.The project is funded through the Colorado Department of Transportation and is being leveraged as local match towards the overall Mason Corridor Project. 11. First Reading of Ordinance No. 094, 2010, Amending Section 2-152 of the City Code to Change the Number of Members on the Commission on Disability. The membership of the Commission on Disability("Commission")consists of 11 members appointed by City Council. Currently there are two vacancies on the Commission. For the past several years turnover and recruiting new members has been a consistent problem making it difficult to reach a quorum at meetings. Staff and Commission members agree that the Commission membership should be reduced from 11 to 9 members. 12. Resolution 2010-049 Authorizinq the Execution of a Second Amendment Further Extending the Term of an Intergovernmental Agreement Between the City of Fort Collins.the City of Longmont and Platte River Power Authority Relating to the Operation of a Joint Customer Information System. In January 1998, the cities of Longmont and Fort Collins entered into a 10-year intergovernmental agreement with Platte River Power Authority to purchase and operate a joint customer information system (for customer account management and billing) on behalf of the two cities. On August 26, 2008, the term of the agreement was extended for two years. As of December 31, 2010, Fort Collins Utilities will be subject to the Red Flags Rules, the implementing regulations of the Fair and Accurate Credit Transactions Act(FACT)Act. The Red Flag Rules require utilities with covered accounts to take steps to detect, prevent and mitigate identity theft. This Resolution extends the agreement with Platte River and the City of Longmont for one additional year to resolve issues related to compliance with this law. 13. Resolution 2010-050 Supporting the Grant Application by Weld County fora State of Colorado Energy Impact Grant to Assist in the Construction of a Regional Crime Laboratory. This Resolution offers support to Weld County to seek grant funding to help purchase or construct a forensic regional lab facility that will house forensic laboratory staffing employed by members of Fort Collins Police Services, Greeley Police Department, Loveland Police Department, Larimer County Sheriffs Department, and the Weld County Sheriffs Department. 14. Resolution 2010-051 Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund to Commission an Artist to Create Art for the Lincoln Center Renovation Proiect. This Resolution approves expenditures of$42,500 for design, materials, installation and contingency for a project with the artist Barbara Baer to create two art elements integrated into the Lincoln Center Renovation Project. One work will be created as a focal point to the new main lobby and the second will highlight the exterior south facing wall above a newly renovated entrance into the facility. 15. Resolution 2010-052 Approving the Acceptance of the Proposed Donation of Artwork on Granite Pavers from the Downtown Development Authority. This Resolution accepts the donation of granite pavers depicting local children's drawings. The Art in Public Places Program has been collaborating with the Downtown Development Authority(DDA) to create sixty granite pavers sandblasted with drawings by Fort Collins youth. The intention of the DDA is to place the pavers in the City right-of-way in the three current Downtown Alley Enhancement Projects. Because the pavers will be placed in the City right-of-way, City staff and the DDA agreed the pavers should be donated to the City. Page 5 16. Resolution 2010-053 Authorizing the City Manager to Execute an Agreement Regarding Allegiant Air, LLC Service•from Fort Collins-Loveland Municipal Airport to Mesa, Arizona. The purpose of this contract is to provide a financial and marketing boost to support the addition of new commercial air service at Fort Collins Loveland Airport(FNL). The contract waives 2 of Airport related service fees for six months(Terminal Usage Fee and ARF—Fire Rescue Fee)-$50/each per landing. The contract also supports Allegiant marketing efforts by supplying a$30,000 reimbursable that Allegiant can utilize to buy marketing in the Northern Colorado and Arizona markets. The reimbursable is dependent upon the service commencing and operating 2 flights perweek beginning October 2010. Due to the 50/50 ownership structure with the City of Loveland this contract will be considered by the Loveland City Council as well. 17. Resolution 2010-054 Making Appointments to Various Board and Commissions. This Resolution makes appointments to fill current vacancies on the Affordable Housing Board, Human Relations Commission,Water Board,Women's Commission and the Youth Advisory Board. END CONSENT 18. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 19. Staff Reports. 20. 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 6 21. Resolution 2010-055 Authorizing and Directinq the City Manager to Join the Efforts of Colorado State University, the Fort Collins Area Chamber of Commerce, Larimer County and Private Enterprise in Developing Targeted Industry Clusters. (staff: Mike Freeman, Josh Birks; 15 minute staff presentation; 30 minute discussion) This Resolution authorizes and directs the City Manager to continue to support on behalf of the City participation in the formation and development of cluster initiatives relating to the identified targeted industries of the City, to work with regional partners and local business entities to develop strategic plans for the clusters, and to support the advancement of the plans as they are implemented for the purpose of primary job retention, expansion, and creation. 22. Items Relating to the Licensing of Medical Mariivana Businesses. (staff: Darin Atteberry; 10 minute staff presentation; 1 hour discussion) A. Resolution 2010-056 Postponing the City Council's Decisions as to Whether Existing Medical Marijuana Businesses Should Be Allowed to Remain in Their Current Locations and as to When, If at All,Applications for New Medical Marijuana Businesses Should Be Accepted by the City. B. First Reading of Ordinance No. 095, 2010, Making Certain Amendments to Chapter 15, Article XVI of the City Code Governing the Licensing, Location and Operation of Medical Marijuana Businesses. The Resolution postpones a decision as to whether location requirements enacted in Chapter 15 of the City Code should be made applicable to existing medical marijuana dispensaries,therebyallowing them to remain in their current locations. In addition,the Resolution postpones a decision as to when, if at all, the City should begin accepting applications for new medical marijuana businesses. The Ordinance amends Article XVI, Chapter 15, of the City Code to address certain inconsistencies between the City's local regulations and the Colorado Medical Marijuana Code so as to facilitate the licensing of existing medical marijuana businesses in Fort Collins. Other inconsistencies will be further studied with recommended changes brought back to Council prior to full implementation of the Colorado Medical Marijuana Code in July, 2011. 23. Resolution 2010-057 Identifying Certain Purposes for Which the Discretionary Portion of Revenues Derived from a Proposed .85% Increase in the City's Sales and Use Tax Rate Might Be Used. (staff: Darin Atteberry, Mike Freeman; 5 minute staff presentation; 30 minute discussion) On July 27,2010,City Council approved Resolution 2010-047 submitting a proposed 0.85%increase in the city's sales and use tax rate to the voters for their consideration on the November 2, 2010 Election Ballot. The proposed increase is allocated to transportation, police, fire, parks and recreation,and other community priorities. Resolution 2010-058 provides additional details regarding the types of programs,activities and services which could be funded through the approximately$2.1 million in revenue provided by the 11%allocated to"other community priorities." Examples of these needs which the City Council could fund through the City's Budgeting for Outcomes process include economic health programs,neighborhood programs,environmental programs,cultural programs,and other critical internal services and support. 24. Resolution 2010-058 Amending Resolution 2010-047 Submitting To The Registered Electors Of The City A Proposed .85% Increase In The City's Sales And Use Tax Rate On All Non-Exempt Taxable Items, To Be Used For Certain Specified Purposes. (staff: Darin Atteberry; 5 minute staff presentation; 30 minute discussion) On July 27,2010,the City Council approved Resolution 2010-047 submitting to the registered electors of the City a proposed .85% increase in the City's sales and use tax rate on all non-exempt taxable items. Since the July meeting, there has been significant feedback provided by the business Page 7 community regarding the advisability of applying the additional .85% use tax increase on manufacturing equipment, should the voters pass the proposed tax increase in November. This resolution would amend the ballot language to exempt manufacturing equipment from the additional .85%. 25. Pulled Consent Items. 26. Other Business. 27. 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.