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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 06/15/2010 - SUMMARY AGENDA AGENDACity.Of CITY COUNCIL 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 call221-6515(TDD 224-6001)for assistance. REGULAR MEETING - June 15, 2010 Proclamations and Presentations 5:30 • A. Proclamation Declaring June 26, 2010 as Farmer's Market Day. B. Proclamation Declaring June 25,2010,as Salud Family Health Center's 40th Anniversary Celebration Day. C. Proclamation Declaring June 27, 2010 as National HIV Testing Day. C. Proclamation Declaring June 26,2010 as the Celebration of the 50th Reunion of the Fort Collins High School Class of 1960. 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 22. 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. 27, 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 18 and June 1, 2010, Regular Meetings. 7. Postponement of Second Reading of Ordinance No. 057, 2010, Appropriating Unanticipated Grant Revenue in the General Fund for the Coca-Cola and Angell's Delicatessen Sign Located on Mountain Avenue to July 20, 2010. On May 18,2010, Council unanimously adopted Ordinance No. 057,2010,on First Reading. Council has requested information on the choice and methodology for the restoration of the Coca-Cola and Angell's Delicatessen"Ghost"signs. Staff needs additional time to.gather the requested information from the large number of stakeholders in this project and requests postponement of Second Reading of this Ordinance until July 20, 2010. Page 3 8. Second 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. This Ordinance, unanimously adopted on First Reading on May 18, 2010, appropriates additional funding for the Lincoln Center renovation in the amount of$1.4 million. 9. Items Relating to the Poudre River Public Library District. A. Second 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. Second Reading of Ordinance No. 065, 2010, Repealing Chapter 23, Article VII of the City Code Regarding the Care and Custody of the Library. Ordinance No. 064, 2010, discontinues the current library expansion fee imposed on residential properties in Fort Collins, and eliminates the library capital improvement expansion account within 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. Both Ordinances were unanimously adopted on First Reading on June 1,2010. 10. Second Reading of Ordinance No. 066, 2010 Amendinq Section 1-15 of the City Code Relating to General Penalties. On January 5,2010, Council amended City Code to add the traffic calming surcharge to citations for bicycle violations. The traffic calming surcharge is to be assessed on 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 Ordinance, unanimously adopted on First Reading on June 1, 2010, will ensure the surcharge is applied to any moving violation where at least one point is assessed. 11. Second Reading of Ordinance No. 067, 2010, Amending Section 26-279 of the City Code to Allow Additional Means of Determininq Wastewater Volume as the Basis for Wastewater Service Fees and Charges. This Ordinance, unanimously adopted on First Reading on June 1, 2010, 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. 12. Second 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. Ordinance No. 069, 2010, unanimously adopted on First Reading on June 1, 2010, clarifies the licensing process for existing medical marijuana businesses. This Ordinance 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. 13. Second Reading of Ordinance No.070,2010,Vacating a Portion of Right-of-way as Dedicated on the Plat of Richard's Lake PUD, Filing One. Prior development proposals dedicated street networks on Hearthfire PUD, First Filing and Richard's Lake PUD, Filing One. Since that time, a development proposal entitled Water's Edge has been submitted that shows a different street layout than was originally platted. Therefore, a portion of the Page 4 previously dedicated right-of-way for the streets is no longer necessary and is proposed for vacation at this time. This Ordinance, unanimously adopted on First Reading on June 1, 2010, vacates a portion of the right-of-way as dedicated on plat of Richard's Lake PUD, Filing One, located south of Douglas Road and west of Turnberry Lane. The right-of-way vacation on Hearthfire PUD, First Filing is proposed under a separate ordinance. 14. Second Reading of Ordinance No.071,2010 Vacatinq a Portion of Right-of-way as Dedicated on the Plat of Hearthfire PUD, First Filing. Prior development proposals dedicated street networks on Hearthfire PUD, First Filing and Richard's Lake PUD, Filing One. Since that time, a development proposal entitled Water's Edge has been submitted that shows a different street layout than was originally platted. Therefore, a portion of the previously dedicated right-of-way for the streets is no longer necessary and is proposed for vacation at this time. This Ordinance, unanimously adopted on First Reading on June 1, 2010, vacates a portion of the right-of-way as dedicated on the plat of Hearthfire PUD, First Filing, located south of Douglas Road and west of Turnberry Lane. The right-of-way vacation on Richard's Lake PUD, First Filing is proposed under a separate ordinance. 15. Items Relating to the Completion of the 2010 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, the Home Investment Partnership (HOME) Program, and the City's Human Services Program. A. Public Hearing and Resolution 2010-033 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. First Reading of Ordinance No. 073, 2010, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. C. Public Hearing and Resolution 2010-034 Approving the Fiscal Year 2010 Home Investment Partnerships (HOME) Program for the City of Fort Collins. D. First Reading of Ordinance No.074,2010,Appropriating Unanticipated Revenue in the Home Investment Partnerships Fund. Resolution 2010-033 will complete the 2010 spring cycle of the competitive process for allocating City financial resources to affordable housing programs/projects and community development activities by listing the specific programs/projects that will receive funding starting October 1, 2010. Ordinance No. 073, 2010, appropriates the City's FY 2010 CDBG Entitlement Grant from the Department of Housing and Urban Development(HUD). Resolution 2010-034 establishes the major funding categories within the HOME Program for the FY 2010 program year, which also starts on October 1, 2010. Specific projects for the use of HOME funds will be determined in November as a result of the 2010 fall cycle of the competitive process. Ordinance No.074,2010,appropriates the City's FY2010 HOME Participating Jurisdiction Grantfrom HUD. 16. 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. Page 5 17. First Reading of Ordinance No. 075 2010, Amending Section 5-265 of the City Code Relatinq to Occupancy Disclosure Statements. This Ordinance amends the City Code requirement for occupancy disclosure statements and will require notarized signatures or electronic verification only on lease transactions, not on sales. 18. First Reading of Ordinance No. 076, 2010, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Rangeview Adult Community Utility Improvements Project. The City Utilities Department has planned a project to install new utility improvements along West Harmony Road on a property owned by RangeviewAdult Community Condominium Association(the "Association"). The new utility improvements will include the installation of two utility switches to improve safety and system reliability. The City will construct the improvements this summer. The Project requires the acquisition of a utility easement from the Association. Due to the restrictive bylaws of the Association, the Association and the City have agreed to use eminent domain procedures to accomplish this acquisition. 19. First Reading of Ordinance No. 077, 2010, Authorizing a Ratification and Agreement with Larimer Energy. LLC for the Landfill Methane Gas Project and Authorizing the Use of City-Owned Property. In 2008, Larimer County entered into a Landfill Gas Purchase Agreement ("Gas Agreement") with Timberline Energy, LLC. The Gas Agreement was assigned in 2009 to Larimer Energy, LLC ("Larimer Energy"). The Gas Agreement allows Larimer Energy to install a landfill gas recovery system on landfill property, collect the methane gas, and sell the gas to a commercial energy user. The Gas Agreement gives Larimer Energy the right to exclusive use of a portion of the landfill property for a period of at least twenty years, and the right to build a facility on the property. This Ordinance authorizes the City of Fort Collins to enter into an agreement with Larimer Energy and the City of Loveland, ratifying the Gas Agreement, and consents to Larimer Energy's use of the jointly- owned landfill property. 20. First Reading of Ordinance No. 078,2010,Amending Ordinance No.086,2009,to Adjust the Annual Lease Rate of City-Owned Property at 3620 Kechter Road. The City has owned and leased the property located at 3620 Kechter Road since 2002. This property is the smallest in acreage of the three developed horse properties that the City leases;yet, it has one of the highest monthly rents that the City charges on its rental properties. This Ordinance amends Ordinance No. 086, 2009, to reduce the monthly rent from $19,200/year to $15,600/year to retain tenant residency on a continuing basis. 21. First Reading of Ordinance No.079,2010,Authorizinq the Conveyance of a Non-Exclusive Drainage Easement and Non-Exclusive Access Easement on City Property to New Prospect, LLC. New Prospect, LLC (the"Developer") is planning a development in the 800 block of East Prospect called New Prospect (the "Development"). As part of the requirements and design of the Development, the Developer has requested to purchase two easements on Mallards Nest Natural Area, owned by the City's Natural Resources Department. The easements consist of a drainage easement to meet the required stormwater retention criteria and stormwater outfall to Spring Creek and an access easement providing a pedestrian connection from East Prospect Road to the Spring Creek Trail. Page 6 22. Routine Deeds and Easements. The Downtown Alley Improvements Project is a joint project between the City of Fort Collins and the Downtown Development Authority("DDA"). Improvements for two alleys are being constructed this summer. The alleys are Montezuma Fuller Alley and the Old Firehouse Alley. Consideration for the temporary construction easement is being paid by the DDA. END CONSENT 23. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 24. Staff Reports. 25. 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. 26. First Reading of Ordinance No. 080, 2010, Calling a Special Municipal Election to Be Held in Coniunction with the November 2, 2010 Larimer County General Election. (staff: Darin Atteberry, Mike Freeman; 20 minute staff presentation; 1 hour discussion) This Ordinance calls a Special Municipal Election to be held in conjunction with the November 2,2010 Larimer County General Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot it would need to do so no later than at its August 17 meeting. If Council does not take action by resolution before the statutory deadline (September 3) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. Page 7 This Ordinance does not submit a specific measure to the November 2, 2010 ballot. However, for the past several months City staff has been conducting a community dialogue about how to address pressing, unfunded needs in street maintenance, police, fire, parks and recreation. Staff recommends that voters have an opportunity to decide via an election. Adoption of this Ordinance is a required step in preserving the option for City Council to submit a sales tax increase to the voters should they so choose. 27. Pulled Consent Items. 28. Other Business. 29. 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 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.