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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 06/01/2010 - SUMMARY AGENDA City. • CITY COUNCIL AGENDA F6rt Collins 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. 0 REGULAR MEETING June 1, 2010 Proclamations and Presentations 5:30 • A. Proclamation Declaring "Discretion" as the Character Focus for June 2010 and Recognition of the "Character in Action." B. Presentation of the Friends of Preservation Awards. Regular • 11 • PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. J 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 19. 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. 26, 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 May 4, 2010, Regular Meeting, 7. Second Reading of Ordinance No. 058, 2010, Appropriating $200,000 from Prior Year Reserves in the General Fund for the City's Contribution for the Boxelder Overflow Project. Ordinance No. 012,2009,adopted on January 20,2009, appropriated$1.2 million in the Stormwater Fund and Self-Insurance Fund and irrevocably pledged $800,000 in the General Fund to be contributed to the Town of Timnath, Colorado for improvements to the Boxelder Overflow Project. Ordinance No. 012, 2009 states that the City will make four payments of$200,000 from the General Fund each year, starting in 2010. Ordinance No. 058, 2010, unanimously adopted on First Reading on May 18, 2010, appropriates the first payment of $200,000 for fiscal year 2010. Subsequent payments will be appropriated in each of the next three years. Page 3 8. Second Readinq of Ordinance No. 060 2610 Extendinq the Contracts of the City's Medical Service and Benefits Consultinq Providers for Employee Benefits Programs. The vendors providing medical coverage and benefits consulting services for City employee have serviced the City of Fort Collins for many years. This Ordinance, unanimously adopted on First Reading on May 18, 2010, approves an extension of the current agreements with those vendors, Great-West and Mercer, for an additional year to allow for sufficient time and resources for a competitive process to be completed in 2011. 9. Items Relating to the Platte River Power Authority Contracts. A. Second Reading of Ordinance No. 061, 2010, Authorizing an Amended and Restated Organic Contract for Platte River Power Authority. B. Second Reading of Ordinance No. 062, 2010, Authorizing an Amended and Restated Contract with Platte River Power Authority For the Supply of Electric Power and Energy. The staff of Platte River and the Municipalities initiated an effort to revise and extend the Organic Contract and the power supply agreements between Platte River and the Municipalities in late 2007. The goals of this process included: (1) extending the term of the Organic Contract and the power supply agreements through 2050; (2) the elimination of the Facilities Agreements between Platte River and each of the Municipalities and the incorporation of the relevant provisions into the new power supply agreements;(3)the creation of a limited exception to the all-requirements nature of the powersupply agreements so thatthe Municipalities could pursue local energy generation options;and (4)general editorial updating. These Ordinances were unanimously adopted on First Reading on May 18, 2010. 10. First Reading of Ordinance No.063,2010,Appropriating Prior Year Reserves in the Cultural Services Fund for Transfer to the Capital Projects Fund and Appropriating Unanticipated Revenue in the Capital Projects Fund for the Building on Basics Lincoln Center Renovation Project. The Lincoln Center Renovation project is funded primarily through the Building on Basics capital tax renewal approved by voters in 2005. Unanticipated grant revenue and prior year reserves in the Cultural Services Fund will be used to complete the full scope of the $7.3 million project. Approximately$5.5 million has been appropriated from the Building on Basics tax and this ordinance appropriates an additional $1.4 million from unanticipated grant revenue and prior year reserves in the Cultural Services Fund. The remaining$400,000 needed will be raised through fund-raising with the Building on Basics dollars being leveraged to complete the full scope of the capital project. 11. Items Relating to the Poudre River Public Library District. A. First Reading of Ordinance No. 064, 2010, Amending Chapter 7.5, Article II and Chapter 8, Article III of the City Code to Discontinue the Library Capital Improvement Expansion Fee. B. First Reading of Ordinance No.065,2010, Repealing Chapter23,Article VII of the City Code Regarding the Care and Custody of the Library. Since 1996,the City has imposed an impact fee on residential building permits as a means of funding the increased demand for library services that comes with a growing community. In 2006, voters approved the formation of a new Library District funded primarily by property taxes and a portion of the Building on Basics sales tax. The Intergovernmental Agreement between the City, Larimer County, and the Poudre River Public Library District notes that following the opening of Council Tree Library, the Fort Collins City Council will consider whether to continue imposing a library impact fee. Page 4 The Council Tree Library opened in March 2009. Since that time, both Larimer County and the Town of Tim nath have chosen not to impose an impact fee for library services. Ordinance No. 064, 2010, will discontinue the current library expansion fee imposed on residential properties in Fort Collins,and eliminate the library capital improvement expansion accountwithin the capital improvement expansion fund. Ordinance No. 065, 2010 repeals the last remaining City Code reference to the library, dealing with the care and custody of the library, which now belongs to the Library District. 12. First Reading of Ordinance No. 066 2010 Amending Section 1-15 (g) of the City Code Regarding General Penalty and Surcharges for Misdemeanor Offenses, Traffic Offenses and Traffic and Civil Infractions. On January 5, 2010, Council adopted the traffic calming surcharge to include bicycle violations that would be added to citations. The traffic calming surcharge is to be assessed to what would be considered a violation where one (1) or more points would be assessed to a motorist. The original ordinance could be interpreted to require the surcharge on all bicycle violations. This is an effort to ensure the surcharge is applied to any moving violation where at least one point is assessed. 13. First Reading of Ordinance No. 067 2010, Amending Section 26-279 of the City Code to Allow Additional Means of Determining Wastewater Volume as the Basis for Wastewater Service Fees and Charges. This proposed Code amendment allows Utilities to establish an alternate means for determining wastewater volume for typical applications used in manufacturing processes by some of the City's industrial and large commercial customers. Examples include cooling towers and other equipment or processes where a measurable reduction in wastewater discharge can be determined and metered. The reduction would generally be established for a specific process rather than facility as a whole. 14. First Reading of Ordinance No. 068 2010 Making Various Amendments to the City of Fort Collins Land Use Code. Staff has identified a variety of proposed changes, additions and clarifications in the 2010 annual update of the Land Use Code. 15. First Reading of Ordinance No. 069 2010 Amending Section 4 of Ordinance No. 025, 2010, to Change the Meaning of the"Same Ownership"Requirement as Applied to Existing Medical Marijuana Businesses That Wish to Apply for Licensing under Chapter 15, Article XVI of the City Code. The purpose of this Ordinance is to clarify the licensing process existing for medical marijuana businesses. This Or states that existing businesses applying for a Medical Marijuana Business License must list at least one original name from the City Sales Tax License on the application. 16. First Reading of Ordinance No. 070 2010 Vacating a Portion of Right-of-way as Dedicated on the Plat Richard's Lake PUD, Filing One. This site is located south of Douglas Road and west of Turn berry Lane. Prior development proposals dedicated street networks on Hearthfire PUD, First Filing and Richard's Lake PUD, Filing One. A Planning and Zoning Board hearing was held on January 18, 2007, for a development proposal entitled Water's Edge that shows a different street layout than was originally platted. Therefore, a portion of the previously dedicated right-of-way forthe streets is no longer necessary and is proposed for vacation at this time. The right-of-way vacation on Hearthfire PUD, First Filing is proposed under a separate ordinance. Page 5 17. First Reading of Ordinance No. 071 2010, Vacating a Portion of Right-of-way as Dedicated on the Plat Hearthfire PUD, First Filing. This site is located south of Douglas Road and west of Turnberry Lane. Prior development proposals dedicated street networks on Hearthfire PUD, First Filing and Richard's Lake PUD, Filing One. Since that time a development proposal,Water's Edge,forwhich a Planning and Zoning Board hearing was held on January 18, 2007, was submitted which shows a different street layout than was originally platted. Therefore, a portion of the previously dedicated right-of-way for the streets are no longer necessary and are proposed for vacation at this time. 18. Resolution 2010-031 Adopting the Northern Colorado Regional Hazard Mitigation Plan. This Resolution will adopt the updated and revised All Hazard Mitigation Plan, as required by the Federal Emergency Management Agency(FEMA). 19. Routine Easements. A. Easement for Construction and Maintenance of Public Utilities from Functional Forms, LLC, to install secondary electric vault at 720 Maple Street. Monetary consideration: $10 B. Deed of Easement and Temporary Construction Easements for the Downtown Alley Improvement Project-Montezuma Fuller Alley. From: Kissock '91 Partnership, monetary consideration: donation. Gerald W. and Barbara R. Jackson, monetary consideration: $1,164. Walter J. Frick, monetary consideration: $89. Downtown Development Authority, monetary consideration: donation. K&M Company, LLLP, monetary consideration: $102. John F. Arnolfo (2), monetary consideration: $325 (each) Marilyn Roberts and Mitchell A. Busteed, monetary consideration: $305 Wallace J. Walberg, monetary consideration: $305. K. Douglas Genetten, monetary consideration: $185. John D. And Mary Anne Motte, monetary consideration: $138. Dorothy I. Asmus, monetary consideration: donation. END CONSENT 20. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 21. Staff Reports. 22. Councilmember Reports. Page 6 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. 23. Resolution 2010-032 Declaring the Intent of the City of Fort Collins, Colorado to Issue Economic Development Revenue Bonds to Provide Financing for a Manufacturing Facility for Palladius, Inc. D/B/A Integware Inca Prescribing Certain Terms and Conditions of Such Bonds; and Containing Other Provisions Relating to the Proposed Issuance of Such Bonds. (staff: Darin Atteberry, Mike Freeman, Josh Birks; 5 minute staff presentation; 20 minute discussion) The primary reason for the City adopting an inducement resolution for this project is found in.federal tax law. If a municipal borrower or private activity bond beneficiary(e.g., Integware, Inc)desires the ability to reimburse itself out of the tax exempt bond proceeds for expenditures that accrue before the issuance of the bonds,the Internal Revenue Service Code will permit such reimbursement, provided that the public issuer adopts an inducement resolution and the expenditure is accrued no earlier than 60 days prior to the date such resolution was adopted. Accordingly, inducement resolutions are often adopted very early in the bond process to maximize the project costs to which the tax exempt proceeds can be applied. However, as made clear in the resolution, adoption does not create an obligation on the part of the City to authorize the bonds. 24. First Reading of Ordinance No. 072 2010 Rescinding the Designation of the Henry Jessup/Cal Johnson Farm Buildings 2902 Riqden Parkway Fort Collins, Colorado, as a Historic Landmark Pursuant to Chapter 14 of the City Code. (staff: Karen McWilliams; 10 minute staff presentation; 30 minute discussion) At its May 12,2010 Regular Hearing, the Landmark Preservation Commission considered a request for removal of the Henry Jessup/Cal Johnson Farm, a Fort Collins landmark property, from the Fort Collins landmark list. The Landmark Preservation Commission considered testimony from the applicants, the public and staff, and unanimously recommends that Council deny the application for removal of 2902 Rigden Parkway from the Landmark List. 25. Second Reading of Ordinance No. 059 2010, Amending Chapter 23 of the City Code Pertaining to Excavations. Obstructions and Encroachments. (staff: Randy Hensley; 5 minute staff presentation; 15 minute discussion) This Ordinance, adopted on First Reading on May 18, 2010, by a vote of 4-2 (Nays: Roy, Troxell) amends City Code to require anyone with an excavation permit to restore an excavated area to its Page 7 original condition when the excavation is complete. The Ordinance clarifies the circumstances for issuance of the special event permit, the obstruction permit, and the encroachment permit. It also amends the Code pertaining to the obstruction permit to allow the permit to be issued for non- construction-related purposes. 26. Pulled Consent Items. 27. Other Business. 28. 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.