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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 12/07/2010 - SUMMARY AGENDADoug Hutchinson, Mayor Kelly Ohlson, District 5, Mayor Pro Tern Ben Manvel, District 1 Lisa Poppaw, District 2 Aislinn Kottwitz, District 3 Wade Troxell, District 4 David Roy, District 6 Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Krajicek, City Clerk Council Chambers City Hall West 300 LaPorte Avenue Cablecast on City Cable Channel 14 on the Comcast cable system 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 December 7, 2010 A. Proclamation Declaring "Hospitality" as the Character Focus for December 2010 and Recognition of the "Character in Action." B. Proclamation Declaring December 10, 2010 as International Human Rights Day. PLEDGE OF ALLEGIANCE 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 beep once when there are 30 seconds left and the light will turn yellow. The timer will beep 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 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. 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. Consideration and Approval of the Minutes of the November 16, 2010, Regular Meeting and the November 30, 2010 Adjourned Meeting. 7. Second Reading of Ordinance No. 116, 2010, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts Between Funds or Projects. The purpose of this annual "clean-up" Ordinance is to combine dedicated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2010 budget. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. Prior year reserves are primarily being appropriated for unanticipated operation expenses from reserves that are set aside for that purpose. This Ordinance was unanimously adopted on First Reading on November 16, 2010. Page 3 Second Reading of Ordinance No 117 2010 Appropriating Unanticipated Revenue in the Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Joint Facility Proiect. The Discovery Center, a Colorado non-profit corporation, has made a commitment of $4,561,916, in support of the new Fort Collins Museum and Discovery Science Center Joint Facility project. This Ordinance, unanimously adopted on First Reading on November 16, 2010, appropriates this commitment for the project. Second Reading of Ordinance No 118 2010 Authorizing the City to Enter into a Livestock Grazing Lease for Meadow Springs Ranch. This Ordinance, unanimously adopted on First Reading on November 16, 2010, authorizes a grazing lease at Meadow Springs Ranch. The lease has been awarded to Natural Fort Grazing, who has held the lease since the City took over ownership in 1990. The proposed new lease is similar to the previous lease. It is for ten one-year terms and 1100 animal units over a six month period each year. The new lease rate will average $16 per animal unit, which represents an increase of $3 per unit. The total potential revenue generated will be $1.056 million. 10. Second Readinq of Ordinance No. 120 2010 Authorizing an Option to Lease and a Subsequent Lease of City -Owned Property at Southridge Greens Golf Course to New Cingular Wireless PCS LLC for the Installationof m T I t" mmwinamTciwEgagdfekted Equipment, and the Grant of Associated E t This Ordinance, unani p oAan vWce 10, authorizes an option to lease 700 square fee y w d r hNsements Course to New Cingular Wireless PCS, LLC (AT ) i to ient to enhance wireless service in the area. Addi ion ally, is reques ing uti i y that are necessary for the operation and maintenance of its monopine and ground equipment. 11. Postponement of Second Reading of Ordinance No 121 2010 Authorizing an Option to Lease and a Subsequent Lease • of, City-OwnedProperty at City Park Ball .Fields to Open Range 12. New photos were taken of :the City Park site by Open Range Communications on November 20, 2010, to provide Council with new existing and proposed simulation photos of the site. In addition; Open Range is currently restructuring its site responsibilities. Due to this restructuring, staff requests this item be postponed to December 21, 2010, as Open Range is unable to provide the new photos in time for Council's review prior to the December 7 Council meeting. Council will be provided with new photos prior to the December 21 meeting. Loan for the JAX Inc Building Expansion Project. The Urban Renewal Authority (URA) is seeking a,loan,from the.City to reimburse the monetary flow of funds that was distributed to JAXg IN& for the;local street obligations'fo� College Avenue, Jerome Street and the street oversizing fees associated with the development. Offsetting these costs allowed the expansion of JAX to be economically feasible. The total cost of this project was $172,758. The requested loan amount from the City of Fort'Collins General Fund Reserves to the URA will be $172,758. The URA will utilize the City's Interfund Borrowing program that was formally added to the City's investment policies in 2008. This program enables the City to use a portion of its investment portfolio to -assist City Departments and related entities (e.g., the Downtown Development Authority and the Urban Renewal Authority) to access funds at a competitive interest rate while still providing a market based yield to the,City investment portfolio. Page 4 13. 14 15 16. 17 First Reading of Ordinance No. 123, 2010 Appropriating Funds from the City's Stormwater Reserves for Transfer to the Fort Collins Urban Renewal Authority for the Purpose of Providing a Loan for the Northeast College Corridor Outfall Protect. The first step in the development of the Northeast College Corridor Outfall (NECCO) project was the acquisition of an approximately 10-acre parcel for the regional detention pond, designed to accept regional stormwater flows as well as stormwater from development adjacent to the pond. The project is part of the Stormwater Master Plan and the Storm Drainage Fund and the Urban Renewal Authority are proposing to fund the project. The Stormwater Utility had budgeted $896,462 to purchase the pond and required easements to manage regional stormwater flows. The total purchase price of the parcel and an additional easement for both regional and adjacent stormwater flows, based on a City funded appraisal and less an easement being reserved by the property owner, was $1,222,934. This left a project budget shortfall of $326,472, which relates specifically to the cost associated with the land necessary to detain stormwater from adjacent development. The Fort Collins Urban Renewal Authority (URA) is seeking a loan from the City's Storm Drainage Fund Reserves to close the acquisition cost gap. First Reading of Ordinance No. 124 2010, Amending Section 2-575 of the City Code Relating to Councilmember Compensation. Article II, Section 3 of the City Charter directs that the compensation of Councilmembers shall be adjusted annually for inflation in accordance with the Denver/Boulder Consumer Price Index. In 2010, Councilmembers were compensated $675 per month, and the Mayor received $1005 per month. The 2011 compensation of Councilmembers will be $680 per month and the compensation of the Mayor will be $1,015 per month. This Ordinance amends Section 2-575 of the City Code to accurately reflect the compensation of the Council for calendar year 2011, as adjusted pursuant to the requirement of the City Charter. First Reading of Ordinance No. 125 2010 Amending the City Code to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated Costs of Services. The City Code requires annual adjustments to certain building permit related fees. Capital Improvement Expansion fees and Neighborhood Parkland fees are to follow the changes in the Denver -Boulder -Greeley Consumer Price Index (CPI). Street Oversizing fees are adjusted by the changes posted in the Engineering News Record (ENR). Since the last adjustment in 2009 the CPI has increased 1.1% and the ENR has increased 5.48%. First Reading of Ordinance No. 126 2010, Amending Section 25-75(a) of the City Code to Increase the Rate of Tax By Eighty -Five Hundredths Percent (0.85%) Effective January 1, 2011, in Accordance with the Ballot Measure Approved by the Registered Electors on November 2, 2010. A Special Municipal Election was held in conjunction with the November 2, 2010, Larimer County General Election for a 0.85% increase in the sales and use tax rate with an effective date of January 1, 2011. The qualified electors of the city approved the imposition of such additional tax First Reading of Ordinance No. 127, 2010 Amending Section 27-38 of the City Code Relating to the Licensing of Arborists. Currently, arborist licenses expire one year after they are issued. This results in renewal times and notices being sent throughout the year. The purpose of this change is to make all licenses come due for renewal on the same date each year. Page 5 18. Items Relating to the Linden Street Streetscaping Project. A. Resolution 2010-072 Authorizing the Mayor to Execute a Contract Amendment with the Colorado Department of Transportation to Add Funding for the Linden Street Streetscape Project. B. First Reading of Ordinance No. 128, 2010, Appropriating Unanticipated Grant Funds and Downtown Development Authority Funds for the Linden Street Streetscape Project. First Reading of Ordinance No. 129, 2010, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Linden Street Streetscape Project. The Linden Street Streetscape project will add curb, gutter, sidewalk, on -street parking, bike lanes, urban design, historic interpretive features and landscaping to Linden Street, between Jefferson Street and the Poudre River. Utility improvements are planned to precede the street improvements as a part of a City of Fort Collins Utilities project. Construction is planned for summer 2011. Resolution 2010-072 will amend a contract with the Colorado Department of Transportation (CDOT) , to receive additional federal grant funds. Ordinance No. 127, 2010, appropriates federal grant funds and transfers additional DDA funds to the project. Ordinance No. 128, 2010, authorizes the City to use eminent domain for acquisition of property, if necessary. Staff anticipates that only temporary easements will be required for the construction of this project. The authorization from Council to use eminent domain is a requirement of the federal funding. Eminent domain is considered a last course of action and is only to be used when deemed necessary. 19. Items Relating to the McMurry Natural Area Annexation and Zoning. A. First Reading of Ordinance No. 130, 2010, Annexing Property Known as the McMurry Natural Area Annexation to the City. B. Hearing and First Reading of Ordinance No. 131, 2010, Amending the Zoning Map of the City and Classifying for Zoning Purposes the Property Included in the McMurry Natural Area Annexation to the City. This is a request to annex and zone the City -owned McMurry Natural Area. The parcel is 48.79 acres in size and located north of the Poudre River and east of North Shields Street. Contiguity with the existing municipal boundary is gained along the east boundary which is shared with the North College Annexation and the south boundary which is shared with the original Town Plat. The recommended zoning is P-O-L, Public Open Lands. This is the same zone district as Lee Martinez Park, Soft Gold Park, Magpie Meander Natural Area and Salyer Natural Area. McMurry Natural Area would continue to be owned and managed by the City of Fort Collins Natural Areas Program. The annexation of this parcel does not create an enclave of any other parcel. 20. First Reading of Ordinance No. 132 2010 Approving the Terms of the City's Lease of Office Space for Police District One at 144 North Mason Street. The Police District One Office moved from Old Town Square to 144 North Mason, Suites 1, 2, and a portion of 3 in 2010. This Ordinance approves the terms of the lease dated May 1, 2010, for the new space. 21. Resolution 2010-073 Approving the Purchase of Animal Control Services from the Larimer Humane Society for 2011 as an Exception to the Competitive Purchasing Process. This Resolution approves as an exception to the City's competitive purchasing process, the purchase of animal control services for 2011 from the Larimer Humane Society for the operation and management of the animal shelter. Page 6 22. Resolution 2010-074 Reappointing Kathleen M. Lane as Municipal Judge and Authorizing the Ninth Addendum to the Judge's Employment Agreement. Resolution 2010-074 reappoints Judge Lane for another two-year term to expire December 31, 2012 and authorizes the Mayor to execute an addendum to the Judge's employment agreement to reflect the change in term. 23. Routine Easement. Easement for construction and maintenance of public utilities from North College, LLC, to replace existing underground sewer line at 1601 North College Avenue. Monetary consideration: $10. 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. 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 beep when there are 30 seconds left and the light will turn yellow. It will beep again at the end of the speaker's time. Page 7 27. Items Relating to a Citizen -Initiated Ordinance Relating to the Implementation of Ranked Voting in Fort Collins Elections. (staff: Wanda Krajicek; 5 minute staff presentation; 15 minute discussion) A. Presentation of a Petition Relating to Citizen -Initiated Ordinance Relating to the Implementation of Ranked Voting in Fort Collins Elections Certified by the City Clerk as Sufficient for Placement on a Regular Municipal Election Ballot. (No Action Needed) B. First Reading of Ordinance No. 133, 2010, Relating to the Implementation of Ranked Voting in Fort Collins Elections. (Option 1) OR Resolution 2010-075 Submitting a Proposed Citizen -Initiated Ordinance Relating to the Implementation of Ranked Voting in Fort Collins Elections to a Vote of the Registered City Electors at the Next Regular Municipal Election on April 5, 2011. (Option 2) The City Clerk's Office received an initiative petition on November 24, 2010, which has been determined to contain a sufficient number of signatures to place the initiated measure before the registered electors of the City. Pursuant to the City Charter, upon presentation of an initiative petition certified as sufficient by the City Clerk, the Council must either (1) adopt the proposed ordinance without alteration within 30 days (Option 1); or (2) submit such proposed measure, in the form petitioned for, to the registered electors of the city (Option 2). If the Council chooses to submit the proposed measure to the voters, Resolution 2010-075 submits the measure to the voters and establishes the ballot language for the measure. 28. Pulled Consent Items. 29. Other Business. 30. Adjournment. a. Motion to Adjourn Meeting to December 14, 2010. 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. 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. FORT COLLINS New. .ts a� err "iL� Doug Hutchinson, President Kelly Ohlson, Vice -President Ben Marvel Lisa Poppaw Aislinn Kottwitz Wade Troxell David Roy Darin Atteberry, Executive Director Steve Roy, City Attorney Wanda Krajicek, Secretary urban renewal authority City Council Chambers City Hall West 300 LaPorte Avenue Fort Collins, Colorado Cablecast on City Cable Channel 14 on the Comcast cable system 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 December 7, 2010 (after the Regular Council Meeting) 1. Call Meeting to Order. 2. Roll Call. 3. Resolution No. 028 Approving a Loan From the City of Fort Collins to the Urban Renewal Authority and Appropriating the Proceeds of Said Loan for Public Improvements Related to an Addition to an Existing Building at 1200 North College Avenue. (staff: Mike Freeman, John Voss, Christina Vincent; 5 minute staff presentation; 10 minute discussion) The Urban Renewal Authority (URA) is seeking a loan from the City to reimburse Jax, Inc. ("Jax") for the local street obligations for College Avenue, Jerome Street and the street oversizing fees associated with the Jax Building Expansion Project (the "Project"). Offsetting these costs allowed the Project to be economically feasible. The total reimbursement is $172,758. The requested loan amount from the City of Fort Collins General Fund Reserves to the URA will be $172,758. The URA will utilize the City's Interfund Borrowing program that was formally added to the City's investment policies in 2008. This program enables the City to use a portion of its investment portfolio to assist City Departments and related entities (e.g., the Downtown Development Authority, and the URA) to access funds at a competitive interest rate while still providing a market based yield to the City investment portfolio. December 7. 2010 4. Resolution No. 029 Approving a Loan from the Stormwater Utility of the City of Fort Collins to the Urban Renewal Authority and Appropriating the Proceeds of Said Loan forthe Purpose of Purchasing Real Estate for the Northeast College Corridor Outfall Project. (staff: Josh Birks; John Voss; Christina Vincent; 10 minute staff presentation; 30 minute discussion) The first step in the development of the Northeast College Corridor Outfall (NECCO) project was the acquisition of an approximately 10-acre parcel for the regional detention pond, designed to accept regional stormwater flows as well as stormwater from development adjacent to the pond. The project is part of the Stormwater Master Plan and the Storm Drainage Fund and the Urban Renewal Authority are proposing to fund the project. The Stormwater Utility had budgeted $896,462 to purchase the pond and required easements to manage regional stormwater flows. The total purchase price of the parcel and an additional easement for both regional and adjacent stormwater flows, based on a City funded appraisal, less an easement being reserved by the property owner, was $1,222,934. This left the project budget shortfall at $326,472 which relates specifically to the cost associated with the land necessary to detain stormwater from adjacent development. The FortCollins Urban Renewal Authority (URA) is seeking a loan from the City's Storm Drainage Fund Reserves to close the acquisition cost gap. 5. Resolution No. 030 Adopting a Budget for the Fort Collins Urban Renewal Authority. (staff: Mike Freeman, Christina Vincent; 5 minute staff presentation; 15 minute discussion) The sum of $522,170 is anticipated to be collected from the tax increment generated within the North College Avenue Urban Renewal Authority Plan Area for fiscal year 2011. The tax increment will be collected in the Debt Service Fund and then transferred to the Operating Fund as debt is created between the City and the URA and/or outside third parties for larger projects. The revenue from interest on investments, combined with estimated year-end fund balance in the URA Operating Fund will be the source for the following recommended operating appropriations: $194,608 for administrative expenses The anticipated tax increment in the URA Debt Service Fund will be the source for the following recommended debt service appropriations: $452,011 in annual debt service will be paid for the following loans: o City of Fort Collins' Stormwater Utility, approved by City Council on April 4, 2006 o North College Marketplace Project, approved by City Council on May 5, 2009 0 Rocky Mountain Innovation Initiative (RM12) Project, approved by City Council on May 19, 2009 o Northeast College Corridor Outfall (NECCO) Project, scheduled for December 7, 2010 o Jax, Inc. Building Expansion Project, scheduled for December 7, 2010. 6. Other Business. Adiournment. Doug Hutchinson, President Kelly Ohlson, District 5, Vice -President Ben Manvel, District 1 Lisa Poppaw, District 2 Aislinn Kottwitz, District 3 Wade Troxell, District 4 David Roy, District 6 Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Krajicek, City Clerk City Council Chambers City Hall West 300 LaPorte Avenue Fort Collins, Colorado Cablecast on City Cable Channel 14 on the Comcast cable system 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. SKYVIEW SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15 MEETING December 7, 2010 (after the Urban Renewal Authority Meeting) 1. Call Meetino to Order 2. Roll Call. 3. Consideration and Approval of Minutes from the November 16, 2010 meeting. 4. Second Reading of Ordinance No. 001, Determining and Fixing the Mill Levy for the Skyview South General Improvement District No. 15 for the Fiscal Year 2011: Directing the Secretary of the District to Certify Such Levy to the Board of Commissioners of Larimer County. (staff: John Voss; no staff presentation; 5 minute discussion) This Ordinance, unanimously adopted on First Reading on November 16, 2010, determines and fixes the mill levy for the Skyview South General Improvement District No. 15. The sum of $24,357 is anticipated to be collected from the mill levy of 10.0 mills for fiscal year 2011. The total amount will be used to maintain and repair roads in the Skyview subdivision. 5. Other Business. 6. Adjournment.