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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/05/2010 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE S DATE: October 5, 2010 AGENDA ITEM SUMMARY STAFF: Wanda KrajicekFORT COLLINS • Consideration and Approval of the Minutes of the September 7, 2010, Regular Meeting. September 7, 2010 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting- 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 7, 2010, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Hutchinson,Kottwitz,Manvel,Ohlson,Poppaw,Roy, and Troxell. Staff members Present: Atteberry, Krajicek, Roy. Citizen Participation Eric Sutherland, 3520 Golden Currant, discussed a Smart Grid project developed by Xcel Energy and stated Fort Collins should reconsider its investment in Smart Grid technology. He expressed concern there was no City of Fort Collins presence at the last Platte River Power Authority Board of Directors meeting. Richard Thompson, 636 Cheyenne Drive, Fort Collins Interfaith Council President, expressed concern regarding nationwide anti-Islamic sentiment. Cheryl Distaso, Center for Justice, Peace, and Environment, expressed concern regarding potential budget cuts to Dial-a-Ride night service and after-school programs at the Northside Atzlan Community Center, and staff reductions. Ms. Distaso also discussed the Plan Fort Collins process and outreach. John Weins, 8331 East CR 16, Johnstown, discussed trash districting and mandatory recycling and asked if any City staff or elected officials have discussed the Fort Collins experience with the City of Arvada. Thomas Edwards, 1101 South Bryan Avenue, expressed concern regarding parties in the Campus West area, including theft, doorbell ringing, and public inappropriateness. Chase Eckert, ASCSU, proposed placing a student ex-officio position on Council to facilitate increased dialogue between campus and the City. Roger McCarville, Arvada resident, expressed concern regarding the City's response to an Ethics Watch complaint. He suggested pay cuts for higher paid employees rather than layoffs. Stacy Lynne, 216 Park Street, discussed the City's response to the Ethics Watch complaint. 419 r September 7, 2010 Citizen Participation Follow-up Councilmember Roy asked why the City was not present at the PRPA Board meeting mentioned by Mr. Sutherland. He thanked Mr. Thompson for his comments. He stated he has not had any discussions with the City of Arvada. He thanked Mr. Edwards and Mr. Eckert for their comments but did not support the idea of an ASCSU ex-officio Councilmember. Mayor Hutchinson stated City officials were present at the PRPA Board meeting beginning at 8:00 a.m. for contract signing and photographs. Prior commitments relating to the budget took precedence over attendance at the start of the meeting; at which the only action item missed was approval of minutes. City Manager Atteberry stated there have been 43 PRPA Board meetings since 2006; two of which have been missed by City representatives. During the PRPA meeting mentioned by Mr. Sutherland, a mandatory City Manager's meeting was being held regarding budget and layoffs and Brian Janonis was in attendance at that meeting instead of the PRPA meeting. Councilmember Manvel noted some of the police issues in Campus West are due to the current budget shortages. Police Services and Recreation will receive additional funds if the sales tax increase is approved in November. Councilmember Kottwitz stated she did not have any contact with the City of Arvada but asked that Mr. Weins follow-up with City Manager Atteberry regarding any staff contact. She would like to explore the idea ofhaving an ASCSU ex-officio Councilmember. She stated budget discussions will begin next week and encouraged citizen participation. Councilmember Troxell stated he has not had trash districting discussions with the City of Arvada. He expressed support for discussing the idea of an ASCSU ex-officio Councilmember. Councilmember Poppaw thanked the Mr. Thompson and Ms. Distaso for their comments. She stated students are represented by existing Councilmembers and did not support the placement of an ex-officio ASCSU member on Council. Councilmember Ohlson noted the lawyer from Plano,Texas involved in the Ethics Watch complaint was representing the accused and was not hired by the City. He stated ICLEI was not involved in Fort Collins'trash districting discussions. He did not support the placement of an ex-officio ASCSU Councilmember but commended Mr. Eckert's comments. Mayor Hutchinson stated the City has a model relationship with CSU and noted there are other groups that would like to have an ex-officio member on Council. He discussed positive comments received regarding Steve Catanach. City Manager Atteberry stated there is an upcoming public budget forum to be held on September 13th at 6:30 at the Drake Center, 802 West Drake. Four public hearings will be held regarding the budget process, including the First and Second Readings of the Ordinance to be held on November 2 and November 16. Additionally,there are three scheduled budget work sessions. Police Services 420 September 7, 2010 does have dedicated weekend party-enforcement teams. City employee salary information is available on the City's webpage. The City is obligated to follow-up on complaints registered with the City such as the one received from Colorado Ethics Watch. An outside firm from Englewood was used because the complaint pertained to one of the Councilmembers. The bill from that firm was $1,500. Councilmember Roy asked that Mr. Edwards be provided police response information. Agenda Review City Manager Atteberry stated there are no changes to the published agenda. CONSENT CALENDAR 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 Alongthe he 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. 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 Project 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. 421 September 7, 2010 9. Second Reading of Ordinance No. 094, 2010, Amending Section 2-152 of the City Code to Change 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, Article XVI 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. 422 September 7, 2010 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*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 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. 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 Project for the South Transit Center Project. 9. Second Reading of Ordinance No. 094,2010, Amending Section 2-152 of the City Code to Change the Number of Members on the Commission on Disability. 10. Second Reading of Ordinance No. 095, 2010, Making Certain Amendments to Chapter 15, Article XVI of the City Code Governing the Licensing, Location and Operation of Medical Marijuana Businesses. 17. Items Relating to Payment of Debt Service on 2010 Downtown Development Authority Bonds. 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 423 September 7, 2010 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. Ordinances on Fii st Reading were read by title by City Clerk Krajicek. 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. 12. First Reading of Ordinance No. 097, 2010, Authorizing a Grazing Lease, Sublease and Residence Lease on Soapstone Prairie Natural Area. 18. Items Relating to the Adoption of the 2009 International Codes with Amendments. A. First Reading of Ordinance No. 098,2010,Amending Chapter 5,Article 11,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 2003 International Mechanical Code, and Adopting the 2009 International Mechanical Code, with Amendments. E. First Reading of Ordinance No.102, 2010, Amending Chapter 5, Article IV of the City Code for the Purpose of Repealing the 2003 International Fuel Gas Code and Adopting the 2009 International Fuel Gas Code, with Amendments. Eric Sutherland,3520 Golden Currant,withdrew Item No. 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,and Item No. 13,Resolution 2010-060 Setting the Dates of the Public Hearings on the 2011 and 2012 Proposed City of Fort Collins Biennial Budget, from the Consent Calendar. 424 September 7, 2010 Councilmember Manvel made a motion,seconded by Councilmember Troxell,to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Hutchinson,Kottwitz,Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Ohlson asked for detailed information regarding lease rates for Item No. 12,First Reading of Ordinance No. 097, 2010, Authorizing a Grazing Lease, Sublease and Residence Lease on Soapstone Prairie Natural Area, prior to Second Reading. He asked why the rates were lower than those of private leases. Councilmember Reports Councilmember Poppaw stated a Judicial Review Committee was formed consisting of the Mayor and a revolving Councilmember and noted she and the Mayor met with Judge Lane regarding her performance and duties. Items Relating to Payment of Debt Service on 2010 Downtown Development Authority Bonds, Adopted on Second Reading The following is staff s memorandum for this item. "EXECUTIVE SUMMARY 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$9,000,000, and Tax-exempt Tax Increment Revenue Bonds, Series 2010B, Dated Their Delivery Date, in an Aggregate Principal Amount Not to Exceed$S,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 425 September 7, 2010 2010A and 2010B 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 2010B (from $4 million to $5 million). This change reflects the funding needs of the Downtown Development Authority. " Councilmember Troxell withdrew from the discussion ofltems Relating to Payment of Debt Service on 2010 Downtown Development Authority Bonds due to a conflict of interest. Matt Robenalt,Downtown Development Authority Executive Director,introduced Kathy Cardona, Downtown Development Authority Financial Coordinator. The Ordinances, if adopted, would authorize the issuance of, and appropriate proceeds from, DDA tax increment revenue bonds. Mr. Robenalt discussed the modification made to Ordinance No. 090, 2010, since First Reading. Councilmember Roy made a motion,seconded by Councilmember Manvel,to adopt Ordinance No. 090, 2010, on Second Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and Roy. Nays: none. THE MOTION CARRIED. Councilmember Ohlson made a motion,seconded by Councilmember Roy,to adopt Ordinance No. 091, 2010, on Second Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and Roy. Nays: none. THE MOTION CARRIED. Items Relating to the Adoption of the 2009 International Codes with Amendments, Adopted on First Reading The following is staff s memorandum for this item. "EXECUTIVE SUMMARY 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 2006International Building Code(IBC)and Adopting the 2009International 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 426 September 7, 2010 Code and Adopting the 2009 International Energy Conservation Code (IECC), with Amendments. C. First Reading of Ordinance No. 100, 2010, Amending Chapter S, 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 2003 International Mechanical Code, and Adopting the 2009 International Mechanical Code, with Amendments. E. First Reading of Ordinance No.102, 2010,Amending Chapter 5,Article IV of the City Code for the Purpose of Repealing the 2003 International 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,andproperty protection from hazards attributed to the built environment within the City of Fort Collins. BACKGROUND/DISCUSSION Since 1924, the City of Fort Collins has periodically reviewed, amended, and adopted the latest nationally recognized building standards available for the times. The City has updated the minimum construction standards twelve(12)times since 1924. The 2 009 International Codes will replace the 2006 International Building Code (IBC) and the 2006International Energy Conservation Code (IECC) adopted in July 2008, as well as the 2003 International Residential Code (IRC), 2003 International Mechanical Code(IMC), and 2003 International Fuel Gas Code(IFGC), which were adopted in January 2005. Today, building codes and standards are reviewed and voted on by code officials and construction industry professionals from across the country and published every three years under the oversight of the International Code Council (ICC). The five core 2009 I-Codes represent the latest construction publications from ICC Throughout most of the past year a Code Review Committee representing a wide spectrum of volunteers from across the local construction industry including private developers, builders, architects,engineers and building officials from neighboringjurisdictions,studied the 2009I-Codes. The Code Review Committee compared the currently adopted building codes and amendments against the significant changes of the 2009 I-Codes and numerous proposed changes at the local level. The Review Committee offered a unanimous recommendation to Council that the 2009I-Codes move forward for adoption. 427 September 7, 2010 The 2009I-Codes were then presented to the public through open house meetings and presentations to several boards and commissions. Feedback to staff indicated support for the 2009 I-Codes and recommended moving forward for adoption. Council Review Process At the July 13, 2010 City Council work session,staffpresented Council with an overview ofthe 2009 I-Codes addressing each of the significant changes to the five core building codes. All relevant background information and minutes from various boards and commissions and public out-reach efforts were included as attachments to the work session agenda. Staff identified the two most significant changes in the 2009 I-Codes as; 1. The energy efficiency improvements to residential construction (which Council agreed to move forward for adoption citing the acceptable cost to benefit analysis presented) and, 2. The fire-suppression systems in new single family homes, proposed to become effective January 1, 2013 (which garnered most of the Council's concerns and questions). Council's direction to staff, outlined in the work session summary (Attachment 1), was to; 1. Proceed in bringing the I-Codes forward for adoption in the September 2010 time frame, 2. Present a list of local amendment deletions or additions and to explain why an item was deleted or added(Attachments 2 and 3) and, 3. To provide additional cost/benefit information for further discussion of the single-family fire-suppression systems. Subsequently, at its regular meeting on July 20, 2010, Council advised the City Manager to direct staff to remove the residential fire-suppression requirements of the 2009 IRC when the ordinance was scheduled to be considered on September 7, 2010. This discussion was effectively an extension of the Council's July 13, 2010 worksession regarding this topic. The sense was that the requirement is premature as there are still unresolved issues around licensing, training (who can install, qualifications, type ofsystem)and costs versus benefits. Given this direction,staff ceased all further work on the fire-suppression issue including the work session summary item requesting additional cost/benefit information. The 2009IRC Section R313 was amended by deleting the requirement thatfzre-suppression systems shall be installed in new townhomes and single family dwellings. Section R313 was further amended to clarify that should afire-suppression system be installed, it shall be designed in accordance with the National Fire Prevention Association (NFPA) NFPA-13, NFPA-13R or the IRC P2904 suppression systems. Best Practice Approach The adoption of new building codes is always an important topic for Fort Collins and surrounding jurisdictions. The implementation of new building standards can have a dramatic impact on the 428 September 7, 2010 construction industry and the economy of the community. In order to better understand these impacts, the review process used in Fort Collins is considered the "best practice approach"which invites input from many individuals from across the community, the construction industry and surrounding jurisdictions. While this review process requires considerable time and resources, it produces enforceable and effective building codes and amendments that the community and construction industry support and create together. The Code review process that Fort Collins used for the 2009I-Codes resulted in numerous deletions to the local amendments, such as amendments for insignificant word changes and for items now found in the body of the codes and deemed to be no longer needed(Attachment 2).Additionally, the Code Review Committee found important items that were not addressed in the Codes and added them as local amendments (Attachment 3). Smaller jurisdictions that are unable to expend the resources needed for an in-depth code review prior to their adoption of the latest codes, can and do look to Fort Collins'results and periodically incorporate Fort Collins'changes into their local amendments. Building services staff are often contacted by jurisdictions requesting input on issues such as radon reduction systems, fire containment versus fire-suppression systems, and residential energy codes. It is Fort Collins' approach to building code adoption and enforcement practices that establishes Fort Collins as a leader in Northern Colorado. " Steve Dush, Current Planning Director,introduced Mike Gebo, Chief Building Official, and stated the new 2009 International Codes would replace the 2006 Commercial and Energy Codes and the 2003 Residential Mechanical and Fuel Gas Codes. The residential fire sprinkler suppression systems requirement has been deleted from the proposed Ordinances. Gebo discussed the proposed Codes noting the Residential Code covers all items related to residential construction and the other Codes apply to commercial buildings. These Codes represent the most up-to-date International Codes. Gebo discussed the rationale for local amendments and stated all Boards and Commissions who have discussed the Code's have recommended adoption. Staff training is currently ongoing and contractors are being made aware the new Codes may be adopted. Shorter Rankin, 1601 North College,asked how closely the proposed new Codes match the building codes of Larimer County. Councilmember Ohlson asked how these Codes relate to those of Larimer County. Gebo replied members of the Larimer County Building Department were on the Code Review Committee. The County is currently waiting to adoptthe 2009 Codes due to budget issues but is aware of Fort Collins' intentions to adopt the 2009 Codes. Councilmember Ohlson asked for clarification regarding residential versus commercial codes. Gebo stated the Residential Code encompasses all residential requirements and the rest of the Codes relate to commercial buildings. State law adopts the Electric and Plumbing Codes and the City is in line with the current Electric and Plumbing Codes. The 2012 edition will be the next set of Codes. 429 September 7, 2010 Councilmember Ohlson noted Council would like to see the Codes come before it for adoption in a more timely fashion in the future. Councilmember Ohlson asked staff to address ceiling height issues for older homes between First and Second Readings. Councilmember Troxell asked what budget issues are facing Larimer County that may preclude them from adopting the new Codes. Gebo replied the Larimer County building official has been directed to not move forward due to budget concerns. Councilmember Troxell asked what one set of Code books costs. Gebo replied one set costs about $225 and funds for those have been included in the budget. It is advised that contractors obtain their own copies and training sessions will be available for contractors. Councilmember Manvel asked about the effective date for the new Codes. Gebo replied the Codes would become effective 10 days after Second Reading. Councilmember Roy made a motion,seconded by Councilmember Poppaw,to adopt Ordinance No. 098, 2010, on First Reading. Councilmember Troxell expressed support for eliminating the residential sprinkler system requirement. The vote on the motions was as follows:Yeas:Hutchinson,Kottwitz,Manvel,Ohlson,Poppaw,Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Roy made a motion,seconded by Councilmember Poppaw,to adopt Ordinance No. 099, 2010, on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Roy made a motion,seconded by Councilmember Poppaw,to adopt Ordinance No. 100, 2010, on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Roy made a motion,seconded by Councilmember Poppaw,to adopt Ordinance No. 1011 2010, on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. 430 September 7, 2010 Councilmember Roy made a motion,seconded by Councilmember Poppaw,to adopt Ordinance No. 102, 2010, on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Resolution 2010-061 Appointing Two Representatives to the Colorado Municipal League Policy Committee, Adopted The following is staff s memorandum for this item. "EXECUTIVE SUMMARY 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 amendment to 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. " Eric Sutherland, 3520 Golden Currant, asked what can be done to ensure Fort Collins pursues 21 st century models of local government financing. Councilmember Roy noted staff has worked on alternative revenue sources. City Manager Atteberry stated he will discuss that research with the Council Finance Committee. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution 2010-061, appointing Councilmember Poppaw and City Manager Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. Councilmember Kottwitz made a motion, seconded by Councilmember Troxell, to amend the Resolution to appoint Councilmember Troxell and City Manager Atteberry as representatives. 431 September 7, 2010 Councilmember Kottwitz expressed support for Councilmember Troxell being appointed. Councilmember Troxell expressed interest in representing Council on the CML Policy Committee. Councilmember Manvel stated he would not support the amendment as he has been pleased with Councilmember Poppaw's representation. The vote on the motion to amend was as follows: Yeas: Hutchinson, Kottwitz and Troxell. Nays: Ohlson, Manvel, Poppaw and Roy. THE MOTION FAILED. Councilmember Ohlson discussed the proposed sales tax increase and Fort Collins'history in terms of tax increases. He expressed support for examining 2151 century models for funding local government. The vote on the motion was as follows:Yeas:Hutchinson,Kottwitz,Manvel,Ohlson,Poppaw,Roy and Troxell. Nays: none. THE MOTION CARRIED. Ordinance No. 096, 2010, Appropriating Unanticipated Revenue in the General Fund to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities, Adopted on First Reading The following is staff s memorandum for this item. "EXECUTIVE SUMMARY 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 thefunds to the Authority ifthe Council determines that such remittal serves a valid public purpose. The Council has remitted the PILOT payment to the Authority since 1992. BACKGROUND/DISCUSSION On December 16, 1971, the City and the Authority entered into a Cooperative Agreement which provided that the Authority must make annual PILOT payments to the City for the public services and facilities furnished by the City. In 1986, upon request of the Authority, the City Council adopted 432 September 7, 2010 a resolution which relieved the Authority of its obligation to make the PILOT payments. Based on thatresolution, the Authority did not make PILOTpaymentsfrom]987through ]990. TheAuthority also received a refund from the City of PILOT payments for the years 1984, 1985 and 1986 In 1992, the City Council approved a change in the Cooperative Agreement to reinstate the requirement that the Authoritypay the annual PILOTpayment. The change was done to clarify that PILOT payments are owed to the City and to avoid the possibility that the Department of Housing and Urban Development(HUD')might require the Authority to return the PILOT payments to the federal government. Since that time, the City has refunded the annual PILOT payments to the Housing Authority. Staff recommends that the 2007, 2008 and 2009 PILOT payments of$16,948 be appropriated as unanticipated revenue in the General Fund and remitted to the Authority with the recommendation that the Authority use the funds in the manner consistent with HUD guidelines. The intended use for the funds is affordable housing and related activities. " Eric Sutherland, 3520 Golden Currant, discussed the City's use of PILOT funds. Councilmember Roy made a motion,seconded by Councilmember Poppaw,to adopt Ordinance No. 096, 2010, on First Reading. Councilmember Troxell asked how this item would make housing more affordable. City Manager Atteberry replied the money would be rebated to the Housing Authority for its needs. Councilmember Poppaw asked that Julie Brewen respond to that question prior to Second Reading. City Manager Atteberry stated the funds are generally used to meet affordable housing needs in the community. The vote on the motion was as follows:Yeas: Hutchinson,Kottwitz,Manvel,Ohlson,Poppaw,Roy and Troxell. Nays: none. THE MOTION CARRIED. Resolution 2010-060 Setting the Dates of the Public Hearings on the 2011 and 2012 Proposed City of Fort Collins Biennial Budget, Adopted The following is staff s memorandum for this item. "EXECUTIVE SUMMARY 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 433 September 7, 2010 public input, this Resolution sets an additional hearing date for the October 19, 2010, regular Council meeting. " Eric Sutherland, 3520 Golden Currant, expressed concern there is no public vetting process for the budget. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution 2010-060. Councilmember Troxell asked for input regarding a prioritization process for the budget. City Manager Atteberry replied the process will involve two public hearings, three work sessions, and the First and Second Readings of the budget which also include public hearings. Each of the seven result areas have high to low priority rankings and the City Manager will present recommendations, which have been discussed at length with Council and staff, regarding those priorities. Councilmember Roy stated a public input process may need to be detailed. Councilmember Kottwitz suggested a log or list of citizen comments and suggestions be kept throughout the process and the private sector be allowed to make suggestions or"bids"throughout the process. Councilmember Ohlson expressed support for City Manager Atteberry's work ethic. Mayor Hutchinson commended the Fort Collins budget process. 0 The vote on the motion was as follows: Yeas:Hutchinson,Kottwitz,Manvel,Ohlson,Poppaw,Roy and Troxell. Nays: none. THE MOTION CARRIED. Executive Session Authorized Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to adjourn into Executive Session as permitted under Section 2-31(a)(2) of the City Code, to meet with attorneys for the City as well as the City Manager and other affected members of City staff to discuss pending litigation. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. 434 September 7, 2010 Adjournment The meeting adjourned at 9:35 p.m. Mayor ATTEST: City Clerk 435