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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/15/2007 - SUMMARY AGENDA REGULAR MEETING AGENDA FORT COLLINS CITY COUNCIL Citv of Fort Collins May 15, 2007 Doug Hutchinson, Mayor City Council Chambers Kelly Ohlson, District 5, Mayor Pro Tem City Hall West Ben Manvel, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Diggs Brown, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 David Roy, District 6 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. Proclamations an • Presentations 5:30 • A. Proclamation Declaring May 19, 2007 as "Forget-Me-Not'Day. B. Proclamation Proclaiming June 3-10, 2007 as Rocky Mountain Senior Games Week. C. Proclamation Declaring May 7, 2007 through June 3, 2007 as "Buckle Up Fort Collins" Month. D. Proclamation Declaring May 13-19, 2007 as Nursing Home Week. E. Friends of Preservation Awards. 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 rimer 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 is 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 • The Consent Calendar consists of Items 6 through 20. 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 to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Item No. 30, Pulled Consent Items. The Consent Calendar consists of • Ordinances 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. 061, 2007, Appropriating Unanticipated Revenue in the Transit Services Fund for Use with Existing Appropriations for the Purpose of Providing Programming Aimed at Relieving Urban Congestion. This Ordinance, unanimously adopted on First Reading on May 1, 2007, appropriates funding the City has received from Congestion, Mitigation&Air Quality(CMAQ)to fund three air quality related projects in 2007. This funding is a reallocation of a portion of the 2007 Transportation Demand Management(TDM)Program—funds not currently required due to the reduction in scope of the TDM Program. The revised CMAQ funding will aid in funding three projects which are: • The Bicycle Coordinator Program (FC Bikes) - an existing Program that seeks to encourage citizens to utilize bicycling as their preferred method of sensible PAGE 3 transportation through the implementation of special events and campaigns that emulate the many facets of bicycling, • Transfort Test Ride Marketing Program - a new marketing campaign to promote transit use among the City's largest employers, and • Marketing for Transfort's three new routes - a campaign aimed at increasing public awareness of the new transit fixed routes available in 2007. 7. Second Reading of Ordinance No. 062, 2007,Amending Chapter 26 Article IV of the Citv Code to Revise Wastewater Pretreatment Program Requirements. This Ordinance changes City Code provisions in order to provide specific City Code support for two programs currently in place,one new issue and some definition changes to align the Code with current EPA language. The regulating of mercury waste into the wastewater system,and the regulating of RV waste discharged into the wastewater system are programs that are currently in place.The proposed zero discharge changes are an outcome of the annual EPA Industrial Pretreatment Program audit during which the EPA recommended the use of zero discharge permits to monitor certain businesses and directed the City to update some definitions. Ordinance No. 062, 2007,unanimously adopted on First Reading on May 1,2007 modifies the following wastewater industrial discharge provisions of the City Code: • Section 26-206 Definitions Grab Sample — As directed by the EPA, the definition will be updated to be consistent with the EPA definition. This modification will be more restrictive as a time limitation will be specified where one did not previously exist. Zero-Discharge - A definition of zero-discharge permit will be added to Code. RV Wastewater-A definition of RV wastewater will be added to Code. • Section 26-318 Sampling and analysis As recommended by the EPA,the required period of records retention for industrial pretreatment will be changed from three to five years. • Section 26-343 Discharge limitations Language will be added to provide the General Manager with authority to request records from dental practices and obsolete language concerning date of mercury program initiation will also be deleted. This modification does not increase requirements on dental offices but does clarify the General Manager's authority. This modification also provides a second disposal option for dentists that is not currently available. It allows amalgam waste to be disposed of at licenced hazardous waste facilities provided it has been labeled appropriately. Existing Code limits amalgam waste disposal to recycling facilities. • Sections 26-308 and 26-309 Code will be modified to state that,when applicable,a zero-discharge permit may be issued as the result of an industrial discharge permit application. The City Code modification provides support for existing permit application requirements. PAGE 4 8. Second Reading of Ordinance No. 063, 2007, Amending Certain Sections in Chanter 7 of the City Code Relating to the Board of Elections. This Ordinance, unanimously adopted on First Reading on May 1, 2007, amends the City Code to conform the Code to the City Charter, as amended by the voters on April 3, 2007, and to accurately reflect the duties of the Board of Elections. 9. Second Reading of Ordinance No.064,2007,Authorizing the Purchasing Agent to Enter into an Aueement to Finance Vehicles and Equipment Through Lease-Purchase. This Ordinance, unanimously adopted on First Reading on May 1, 2007, authorizes the Purchasing Agent to enter into a lease-purchase financing agreement with Koch Financial Corporation at 4.26% interest rate. The cost of the items to be lease-purchased is $1,070,000. Payments at the 4.26%interest rate will not exceed$119,367 in 2007. Money for 2007 lease-purchase payments is included in the 2007 budget. The effect of the debt position for the purpose of financial rating of the City will be to raise the total City debt by 0.22%. A competitive process was used to select Koch Financial Corporation for this lease. 10. First Reading of Ordinance No.065,2007,Appropriating Prior Year Reserves in the General Fund for Cultural Development and Programming Activities and the Fort Collins Convention and Visitor's Bureau. This Ordinance appropriates lodging tax revenues that were in excess of 2006 budgeted lodging tax receipts to Cultural Development and Programming ("CDP"), Visitor Events, and the Convention and Visitors Bureau("CVB") accounts. Lodging tax revenue for 2006 was estimated to be$610,521 and the 2006 budget appropriated an equal amount. However, actual receipts totaled $841,586 for 2006 and the difference of $231,065 has not been appropriated. 11. First Reading of Ordinance No. 066, 2007, Appropriating Proceeds from the Refunding Certificates of Participation("COPs"), Series 2007 Representing Assignments of the Right to Receive Certain Revenues Pursuant to an Amended and Restated Lease Agreement dated as of May 1, 2007, Between the Fort Collins Leasing Corporation and the City of Fort Collins for the Purpose of Refunding the 1998 and 1999 COPS and for Costs of Issuance of the 2007 Refunding COPS. The Finance Department monitors the interest rate environment for opportunities to refinance the City's debt and achieve savings for the organization. This Ordinance would appropriate in the Fort Collins Leasing Corporation Debt Service Fund, $14,595,000 of proceeds from the 2007 Refunding COPS issued for the purpose ofrefunding the 1998 and 1999 Certificates of Participation that were originally issued for the construction of the City's Mason Street Parking Structure,the 215 North Mason Office Building and an off-site Police Facility and the payment of costs associated with the 2007 refunding transaction. This refunding resulted in$997,419 in savings to the City over the next 11 years. The refunding was also structured to realize $759,907 of those savings in fiscal year 2007. PAGE 5 12. First Reading of Ordinance No. 067, 2007, Amending Section 2-462 of the City Code to Allow for Inclusion of a Member of the Latimer County Board of Commissioners on the Board of Directors of the Downtown Development Authority. This Ordinance amends the City Code to increase the number of members on the Downtown Development Authority Board of Directors from nine to eleven, and designates that one of the additional seats will be occupied by a member of the Larimer County Board of Commissioners. 13. Items Relating to the North College Avenue Improvements Project. A. First Reading of Ordinance No. 068, 2007, Authorizing the Conveyance of Two Parcels of Real Property on North College Avenue to the Department of Transportation, State of Colorado. B. First Reading of Ordinance No. 069, 2007,Authorizing the Conveyance of a Parcel of Real Property at North College Avenue and Willow Street to the Adjacent Property Owner. C. First Reading of Ordinance No.070,2007,Appropriating Unanticipated Revenue in the Neighborhood Parkland Fund To Record the Transfer of Real Property from the Neighborhood Parkland Fund to the Capital Project Fund - North College Avenue Improvements Project. In 2003,the City completed the North College Avenue Improvements Project. This Project included improvements to paving, sidewalks,pedestrian lighting,crosswalks, and drainage in the area between North College Avenue and Jefferson Street. These Ordinances will complete the final transactions needed for this project. 14. First Reading of Ordinance No.071,2007,Vacating a Portion ofRi t-of-way as Dedicated on the Plat of Rigden Farm Filing One. The Rigden Farm development site is located south of Drake Road,east of Timberline Road and west of Ziegler Road. As a part of Rigden Farm, Filing One, it was anticipated that an unnamed street would extend westerly beyond Kansas Drive between Custer Drive and Limon Drive. The street stub for this anticipated street was dedicated with Rigden Farm, Filing One. Rigden Farm, Twelfth Filing Brooklyn Park Row Houses for which an Administrative Hearing was held on February 12,2007 shows that the street stub is no longer needed and will be removed. Therefore, the right-of-way for the street stub is no longer necessary and is proposed for vacation at this time. 15. First Reading of Ordinance No. 072, 2007, Authorizina the Lease of Property at the Fort Collins-Loveland Municipal Airport to Alliance Equipment Company. RLLLP, for the Storage of Construction Equipment and Supplies. Alliance Equipment Company, LLC, wishes to lease two acres of Airport property for outdoor storage of construction equipment and supplies. Alliance has been leasing the same Airport property for the last three years; this is a new lease for the same area. The PAGE 6 Agreement is for a five-year period, beginning July 1, 2007. The new ground lease is $.10 per square foot per year; increased from $.06 per square foot per year. The rental rate is adjusted annually by the CPI. As additional rental Alliance is required to construct an 800 foot length of chain link security fence along the cast side of the leased parcel. The lease contains adequate restrictions to prevent any incompatible land use related to Airport operations. The Agreement will provide a continuation of this revenue source for the Airport. Because of its length,the lease document is on file with the City Clerk's Office and a copy will be provided upon request. 16. Resolution 2007-045 Approving the Second Amendment to the Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport. Adoption of this Resolution changes the composition of the Airport Steering Committee from six members (two City Mayors, two City Managers, the Airport Manager and the Airport Liaison) to four members (two City Mayors and the two City Managers) and adds a liaison for each City to be appointed by the respective City Manager. 17. Resolution 2007-046 Approving the Refurbishment of Equipment for Traffic Operations as an Exception to the Competitive Procurement Process. This Resolution will authorize the purchase of materials, equipment and services needed to repair and refurbish the TMT paint striper as an exemption to the use of competitive bid or proposal as provided in Section 8-161(d). 18. Resolution 2007-047 Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund to Commission an Artist to Create an Art Element for the Streets Facility Project. This Resolution approves expenditures of$24,000 for design, materials, installation and contingency for a project with the artist team of Tim Upham and Lisa Cameron to create a sculptural element for the Streets Facility Project. 19. Resolution 2007-048 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The guidelines for the Cultural Development and Programming and Tourism Programming accounts (Fort Fund), adopted and approved through the City Manager's office, created a three-tiered funding system for organizations that apply for grants from Fort Fund. Tier#1 was established as an annual programming fund for organizations whose primary purpose is to present three or more public events annually. These groups may apply for funding from Tier#1 each April. Tier#2 allows organizations that are not eligible for Tier#1 support to apply for funding of events that are not fund-raising in nature and do not generate more than $5,000 in proceeds after expenses. Tier#3 allows organizations that are not eligible for Tier #1 support to apply for funding of events that generate more than $5,000 in proceeds after expenses and are fund-raising in nature. Applications for support from Tier#2 and Tier#3 are accepted each January and June. PAGE 7 20. Resolution 2007-049 Adopting a 401A Money Purchase Retirement Plan and a 457 Deferred Compensation Plan for the CitManager, City Attorney and Municipal Judge. Adoption of this Resolution creates a separate 401A money purchase and a separate 457 deferred compensation plan for the City Council's direct employees (City Manager, City Attorney, and Municipal Judge), so that they can be more efficiently administered. The Resolution also provides for some ICMA-RC recommended amendments to the plans to increase flexibility as permitted by changes in the tax code. The Employer Contribution on behalf of the Council Employee does not change with the adoption of these two separate plans. END CONSENT 21. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 22. Staff Reports. 23. 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 8 24. Items Relating to the Completion of the 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 and HOME Investment Partnership (HOME) Program Grants, and the City's Human Services Program. (5 minute staff presentation - 10 minute discussion) A. Resolution 2007-050 Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant (CDBG) Program and the City's Human Services Program. B. Resolution 2007-051 Approving the Fiscal Year 2007 HOME Investment Partnerships For the City. C. First Reading of Ordinance No.072,2007,Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Community Development Block Grant Program. D. First Reading of Ordinance No.073,2007,Appropriating Unanticipated Revenue in the HOME Investment Partnership Program. These resolutions and ordinances will complete the spring cycle of the competitive process for allocating City financial resources(CDBG/HOME/Human Services funds)to affordable housing programs/projects and community development activities. 25. Items Relating to the Foothills Mall Urban Renewal Plan. (10 minute staff presentation-30 minute discussion) A. Resolution 2007-052 Adopting the Foothills Mall Existing Conditions Survey and Making Findings Determining an Area Within the City of Fort Collins to Be a Blighted Area and Appropriate for Inclusion in an Urban Renewal Project. B. Resolution 2007-053 Making Findings and Approving the Urban Renewal Plan for the Foothills Mall. Before the City Council can adopt an Urban Renewal Plan for any part of the City, the Council must determine the plan area to be a slum,blighted area, or a combination thereof, and designate such area appropriate for an urban renewal plan. Adoption of Resolution 2007-052 approves the Foothills Mall Existing Conditions Survey(a.k.a."Blight Study")and declares the Mall area blighted according to the criteria in State Law governing Urban Renewal Authorities. Adoption of Resolution 2007-053 will approve the Foothills Mall Urban Renewal Plan which will assist in elimination of the slum and blight conditions within the Mall area. The major purpose of establishing the Urban Renewal Plan for the Mall area is to allow the use of property tax increment financing(TIF) to fix infrastructure problems that hinder redevelopment. Tax increment financing is typically a useful financial assistance tool to be used in areas where the private sector is not capable of showing a return on investment due to excessive costs of correcting site issues, infrastructure deficiencies, or other issues that hinder redevelopment. PAGE 9 26. Items Relating to the Southeast Branch Library. (10 minute staff presentation- 30 minute discussion) A. Resolution 2007-054 Authorizing an Exemption to the Competitive Process for the City to Enter into a Contract with Bayer Properties for the Construction of the Southeast Branch Library. B. First Reading of Ordinance No. 074, 2007, Appropriating Prior Year Reserves and Unanticipated Revenue Designated for Library Improvements in the Capital Improvement Expansion Fund and Prior Year Reserves in the General Fund for Transfer to the City's Capital Projects Fund to Construct a Southeast Branch Library. Resolution 2007-054 increases the amount of the sole source authorization for the City with Bayer Properties from $1.5 million to $2,219,176 for construction of the core and shell of the branch library. On March 6, 2007, Council adopted Resolution 2007-020, which provided sole source authorization up to $1.5 million for the core and shell contract. Staff now has better estimates from Bayer and from independent analysis and the cost of this work will likely exceed $1.5 million. The City will only pay for the actual cost of this work but the estimated cost of the work is now $2,219,176. Ordinance No. 074, 2007 appropriates an additional $1.1 million for the branch library project. Staff is now estimating the cost of the branch library project,including furnishings, technology,books and materials at$6.6 million. This is$1.1 million more than previously estimated. Funding is available from library capital expansion impact fees, from library equipment and savings reserves and from donations to the library. Adoption of this ordinance appropriates$1.1 million from these sources to the branch library project. Actual costs maybe less than estimated. The City will only pay actual costs. Staff will work hard to contain actual costs without compromising the quality of the project. At its meeting on May 7,2007,the Library District Board of Trustees unanimously approved a motion supporting Council's adoption of the Resolution and Ordinance. 27. Resolution 2007-055 Authorizing an Interim Intergovernmental Agreement Between the Fort Collins Regional Library District, the City of Fort Collins and Larimer County. (5 minute staff presentation- 15 minute discussion) Last November area voters approved the formation of the Fort Collins Regional Library District and provided 3 mills of property tax to fund it. Pursuant to State law, on March 6, 2007 the Council ratified seven candidates to serve as trustees on the governing board of the new District. The County Commissioners also ratified these candidates at that time. The trustees met on March 7th and the City provided them with a memorandum outlining the City's position on the various issues to be addressed in the IGA. The trustees have been meeting regularly and have been diligently working on the IGA and on a multitude of other matters needing their attention. State library law calls for an IGA to be in place within 90 days of the appointment of the Board of Trustees. 90 days does not provide sufficient time to resolve all the issues that must be addressed in the IGA or sufficient time to craft an IGA that will successfully establish a PAGE 10 long-term, effective working relationship between the parties. The Board of Trustees supports the adoption of the interim IGA and is committed to the adoption of the final IGA in 2007. 28. First Reading of Ordinance No. 075. 2007. Appropriating Unanticipated Revenue from the Fort Collins Regional Library District for Continuation of Library Services for Fiscal Year 2007. (5 minute staff presentation - 15 minute discussion) The Board of the Fort Collins Regional Library District sent a letter dated April 16,2007 to the Fort Collins' City Council reflecting the Board's approval of reimbursing the City of Fort Collins in an amount of$3,851,153 based upon actual expenditures incurred for the costs of operations and maintenance of public library services for 2007. As of the end of April, the Fort Collins Regional Library District has collected $2,318,000 of property taxes from the mill levy approved by voters last November for funding the regional library district. When Council approved the 2007 Budget last November,$1.2 million was also appropriated for library services. This appropriation was intended to serve as funding during the transition of the library services from City operations to District operations. The District and the City will need to approve an intergovernmental agreement prior to full operations commencing under the direction of the District. This ordinance will allow funding of library services to continue under City direction for 2007. The City will also be reimbursed for expenses incurred during the first quarter of 2007. From that point forward, the City will be reimbursed on a monthly basis. These reimbursements will occur within thirty days after the close of the month during which the charges were incurred. 29. Consideration of the Appeal to the Building Review Board on February 22, 2007 Seeking the Overturning of Certain Interpretations. Actions. and Decisions of the Building Official Regarding the Use and Occupancy of the Dwelling at 505 Locust Street. (15 minute staff presentation- 1 hour discussion) On February 22, 2007,the Building Review Board unanimously upheld the interpretations, actions, and decisions of the Building Official regarding the application of the City Rental Housing Standards for the dwelling at 505 Locust Street in response to the Appellant Peter Schultz's allegations of error contained in the Notice of Appeal dated November 9, 2006. The Appellant filed a Notice of Appeal to the City Council on April 11,2007 seeking further redress of the actions listed below which are the subject of this appeal. 1. Determination/interpretation not to require Jeanne Bolton, the owner of the rental premises located at 505 Locust Street, Fort Collins (CO) (the "Subject Premises"), to obtain a permit to convert the Subject Premises from a single family dwelling unit into a duplex as required by Section 5-260 of the Fort Collins Code.{Note: Section 5-260 of the City Code incorrectly references the UNIFORM BUILDING CODE, which no longer applies to single-or two-family dwellings as the prescribing code for new construction. The correct reference, the INTERNATIONAL RESIDENTIAL CODE, was inadvertently overlooked as the other inclusive code to be added to this section when it was adopted in August 2004. However, thepermit requirements and the Building Review Board's jurisdiction are virtually identical under both codes.) PAGE 11 2. Determination/interpretation not to require Ms. Bolton to obtain a permit for a number of required alterations and improvements to the Subject Premises,including without limitation, installation of stairway railing, upgrading of wiring for smoke alarms, and the enlargement of basement exit windows (required structural alterations). 3. Determination/interpretation not to require fire-rated barriers within the Subject Premises and not to require one or more permits thereafter. 4. Determination/interpretation not to require the payment of appropriate fees for conversion of the Subject Premises from a single-family dwelling unit into a duplex and for the alterations to the Subject Premises. 30. Pulled Consent Items. 31. Other Business. 32. 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.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 the Council,will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting.