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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 09/07/2010 - SUMMARY AGENDA � ,F&t 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 September 7, 2010 Proclamations and Presentations 5:30 • A. Proclamation Declaring "Security" as the Character Focus for September 2010 and Recognition of the"Character in Action." B.. Proclamation Declaring September 2010 as "Homegrown Fort Collins" Month. C. Proclamation Declaring September 9 and September 11, 2010, as Historic Homes Tour Days. D. Proclamation Declaring September 18, 2010, as Education in Larimer County Day. E. Proclamation Declaring September 13-19, 2010, as Adult Education and Family Literacy Week. MeetingRegular 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 13. 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. 20, 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 August 17, 2010, Regular Meeting. 7. Second 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, unanimously adopted on First Reading on August 17, 2010, 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. 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. Page 3 8. Second 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 Proiect 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 and will also serve as a transfer point for regional FLEX service and the Mason Bus Rapid Transit system known as MAX. The STC will contain a bus turnaround, pedestrian shelters, 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. This Ordinance, unanimously adopted on First Reading on August 17, 2010, appropriates the funds for this project. 9. Second Reading of Ordinance No. 094 2010,Amending Section 2-152 of the City Code to Chanqe the Number of Members on the Commission on Disability. This Ordinance, unanimously adopted on First Reading on August 17, 2010, reduces number of members on the Commission on Disability from 11 to 9 because turnover and recruiting new members has been a consistent problem making it difficult to reach a quorum at meetings for the past several years. 10. Second Reading of Ordinance No.095 2010 Making Certain Amendments to Chapter 15,ArticleXVI of the City Code Governing the Licensing Location and Operation of Medical Marijuana Businesses. This Ordinance, unanimously adopted on First Reading on August 17, 2010, 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. 11. First Reading of Ordinance No 096 2010 Appropriating Unanticipated Revenue in the General Fund to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. The Fort Collins Housing Authority ("Authority") paid the City of Fort Collins $16,948 as the 2007, 2008, and 2009 payments for public services and facilities. The Authority requests that the City refund the Payment in Lieu of Taxes (PILOT) to fund sorely needed affordable housing related activities and to attend to the low-income housing needs of Fort Collins residents. Resolution 1992-093 reinstated the requirement that the Authority make annual PILOT payments to the City. The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Council has remitted the PILOT payment to the Authority since 1992. 12. First Reading of Ordinance No. 097 2010 Authorizing a Grazing Lease Sublease and Residence Lease on Soapstone Prairie Natural Area. Soapstone Prairie Natural Area is currently leased to the Folsom Grazing Association; the existing lease will expire in December 2010. Last year City staff initiated a competitive Request for Proposals (RFP) process to solicit tenants for a 10-year grazing lease beginning in 2011. Through that competitive process, the Folsom Grazing Association was selected as the grazing tenant. Grazing management will be designed to manage for natural resources of highest conservation priority as outlined in the Soapstone Prairie Natural Area Management Plan. Page 4 13. Resolution 2010-060 Setting the Dates of the Public Hearings on the 2011 and 2012 Proposed City of Fort Collins Biennial Budget. The City will be adopting a biennial budget for the years 2011 and 2012. The City Charter requires that the City Council set a date for a public hearing on the proposed budget. This Resolution sets that hearing date for the Council meeting of September 21, 2010. In an effort to receive further public input, this Resolution sets an additional hearing date for the October 19, 2010, regular Council meeting. END CONSENT 14. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 15. Staff Reports. 16. 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 0 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 5 17. Items Relating to Payment of Debt Service on 2010 Downtown Development Authority Bonds. (staff: Matt Robenalt, John Voss; 5 minute staff presentation, 5 minute discussion) A. Second 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 $9,000,000, and Tax-exempt Tax Increment Revenue Bonds, Series 2010B, Dated Their Delivery Date, in an Aggregate Principal Amount Not to Exceed$5,000,000,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. Second 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 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. These Ordinances were adopted on First Reading by a vote of 6-0 (Councilmember Troxell withdrew). Ordinance No. 090,2010, has been modified between First and Second Reading to reflect a change in the split between Taxable Tax Increment Revenue Bonds, Series 2010A (from $10 million to $9 million)and Tax-Exempt Tax Increment Revenue Bonds,Series 2010E(from$4 million to$5 million). This change reflects the funding needs of the Downtown Development Authority. 18. Items Relating to the Adoption of the 2009 International Codes with Amendments. (staff: Steve Dush,Mike Gebo; 10 minute staff presentation; 20 minute discussion) A.. First Reading of Ordinance No. 098, 2010, Amending Chapter 5, Article II, Division 2, of the City Code for the Purpose of Repealing the 2006 International Building Code (IBC) and Adopting the 2009 International Building Code, with Amendments. B. First Reading of Ordinance No. 099, 2010,Amending Chapter 5, Article II, Division 2, of the City Code for the Purpose of Repealing the 2006 International Energy Conservation Code and Adopting the 2009 International Energy Conservation Code(IECC), with Amendments. C. First Reading of Ordinance No. 100, 2010, Amending Chapter 5, Article II, Division 2, of the City Code for the Purpose of Repealing the 2003 International Residential Code (IRC), and Adopting the 2009 International Residential Code, with Amendments. D. First Reading of Ordinance No. 101, 2010, Amending Chapter 5, Article IV of the City Code for the Purpose of Repealing the 2003International Mechanical Code,and Adopting the 2009 International Mechanical Code, with Amendments. Page 6 E. First Reading of Ordinance No.102, 2010, Amending Chapter 5, Article IV of the City Code for the Purpose of Repealing the 20031nternational Fuel Gas Code and Adopting the 2009 International Fuel Gas Code, with Amendments. The 2009 International Codes (2009 I-Codes) represent the most up-to-date, comprehensive, and fully integrated body of codes regulating building construction and systems using prescriptive and performance-related provisions.The purpose of these Codes is to establish the minimum construction requirements to safeguard the public health, safety and general welfare by regulating structural strength and stability, sanitation, light and ventilation, energy conservation, and property protection from hazards attributed to the built environment within the City of Fort Collins. 19. Resolution 2010-061 Appointing Two Representatives to the Colorado Municipal League Policy Committee. (no staff presentation; 10 minute discussion) Appointments to the CML Policy Committee are made each fall and members serve for a one-year period from September through August. Each member municipality of the League is entitled to a representative, and all cities over 100,000 are entitled to designate two representatives. The Policy Committee is responsible for reviewing legislative proposals and recommending to the League Executive Board,positions of support,opposition,no position or amendmentto a wide variety of legislation affecting cities and towns. At each annual conference in June, the Policy Committee proposes to the membership, revisions to the League's policies which guide League positions on public policy issues affecting municipalities. The Committee meets three or four times a year, before and during legislative sessions as well as in May prior to the annual conference. CML has asked that representatives be appointed by September 3 and has been notified that a resolution appointing Fort Collins' two representatives is scheduled to be considered on September 7. The first CML Policy Committee meeting will be held on Thursday, October 7. This Resolution appoints one Councilmember,to be selected at this meeting,and City Manager Darin Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. 20. Pulled Consent Items. 21. Other Business. 22. 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 majority vote,extend a meeting until no later than 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.