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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 02/07/2012 - SUMMARY AGENDAKaren Weitkunat, Mayor Kelly Ohlson, District 5, Mayor Pro Tem 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 Gerry Horak, 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. Assisted hearing devices are available to the public for Council meetings. Please call 221-6515 (TDD 224-6001) for assistance. REGULAR MEETING February 7, 2012 Proclamations and Presentations 5:30 p.m. None. Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. Page 2 3. AGENDA REVIEW: • City Manager Review of Agenda. • Consent Calendar Review. This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this Calendar be “pulled” off the Consent Calendar and considered separately. N Council opportunity to pull Consent Calendar items. (will be considered under Item No. 15) N Citizen opportunity to pull Consent Calendar items. (will be considered under Item. No. 21) 4. CITIZEN PARTICIPATION 5. CITIZEN PARTICIPATION FOLLOW-UP This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen Participation. CONSENT CALENDAR The Consent Calendar consists of Items 6 through 11. 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. 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. Individuals who wish to make comments regarding items remaining 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 Page 3 6. Consideration and Approval of the Minutes of the January 17, 2012 Regular Meeting. 7. Second Reading of Ordinance No. 005, 2012, Amending Chapter 27 of the City Code to Modify the Requirements for Arborist Licenses, Designate Additional Violations of Chapter 27 as Civil Infractions, and Make Updates. Section 27-34 of the City Code requires businesses that wish to apply pesticides to trees for commercial gain or profit to have a City arborist license. The Colorado Department of Agriculture has conducted a review of the City Code provisions and Forestry policies related to the regulation of pesticides and pesticide application and notified the City Forester of its conclusion that this requirement conflicts with state statutes regarding the regulation of pesticide applicators. This Ordinance, unanimously adopted on First Reading on January 17, 2012, removes this conflict. The Ordinance also decriminalizes most violations of Chapter 27 by making every violation of Chapter 27 a civil infraction instead of a misdemeanor with the exception of those pertaining to arborist licenses; and updates a position title and cross references, and removes unnecessary detail regarding department structure. 8. First Reading of Ordinance No. 006, 2012, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2011-12 Safe Routes to School Program. The City of Fort Collins Transportation Planning Division has received a $50,176 federal grant through the Colorado Department of Transportation for the FY 2011–12 Safe Routes to School (SRTS) program. This funding will allow the City of Fort Collins’ Safe Routes to School Program (administered and staffed by the Transportation Planning Division) to provide new, higher quality bike racks at public schools within the City of Fort Collins and roll out a new “Bicycle Parking at Schools” educational program. 9. First Reading of Ordinance No. 007, 2012, Approving a Third Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues, Extending the Deadlines for the City and Town to Amend Their Growth Management Area Boundaries. On February 17, 2009, the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement regarding annexations, growth management, and related issues. The agreement resolved certain differences that had arisen between the City and Town concerning a variety of planning and growth management issues. The agreement set one-year deadlines for the parties to amend their Growth Management Area boundaries and for Timnath to exercise an option to purchase the Vangbo property from the City. In early 2010, the parties approved an amendment to this intergovernmental agreement that extended the deadlines for approval of the Fort Collins GMA and for Timnath to decide whether to exercise its option. In early 2011, a second amendment was approved by the City and Timnath that extended the deadline for the parties to amend their Growth Management boundaries and deleted all references to Timnath’s possible purchase of the Vangbo property because Timnath decided not to move forward with the purchase. Another extension is needed, and Ordinance No. 007, 2012, will extend the period of time within which the parties’ Growth Management Area boundaries are to be amended for an additional year. 10. Resolution 2012-003 Amending the Human Relations Commission 2012 Work Plan. Council liaisons have reviewed the 2012 work plans submitted by boards and commissions. On January 17, 2012, Council gave direction (under Other Business) to amend the Human Relations Commission Work Plan. 11. Resolution 2012-004 Making an Appointment to the Land Conservation and Stewardship Board. A vacancy currently exists on the Land Conservation and Stewardship Board due to the resignation of Juli Germany. Councilmembers Wade Troxell and Aislinn Kottwitz reviewed the applications on Page 4 file. The interview team is recommending Ed Reifsnyder to fill the vacancy with a term to begin immediately and set to expire on December 31, 2012. END CONSENT 12. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 13. Staff Reports. 14. Councilmember Reports. 15. Consideration of Council-Pulled Consent Items. DISCUSSION ITEMS 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. 16. Items Relating to the Mason Corridor Bus Rapid Transit Project. (staff: Helen Migchelbrink, Kurt Ravenschlag; 10 minute staff presentation; 20 minute discussion) A. Resolution 2012-005 Authorizing the Execution of a Project Construction Grant Agreement between the City and the Federal Transit Administration for the Construction of the Mason Corridor (MAX) Bus Rapid Transit Project. B. First Reading of Ordinance No. 008, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund, Mason Corridor Project for the MAX Bus Rapid Transit Project. In 2009, the Federal Transit Administration (FTA) approved Small Starts funding to construct the MAX Bus Rapid Transit (BRT) Project. Previous Council actions appropriated $54,622,000 of FTA funds, and $17,366,772 of funding designated for local match. This Ordinance appropriates the remaining identified FTA funds of $14,845,076, to achieve the total $86,833,848 project cost. This Resolution authorizes the execution of the final contract for the Project Construction Grant Agreement with the FTA. Page 5 17. Items Relating to Medical Marijuana. (staff: Ginny Sawyer, Jerry Schiager, Medical Marijuana staff team; 5 minute staff presentation; 1 hour discussion) A. First Reading of Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15, Division 1, Article XVI of the City Code Relating to Medical Marijuana. B. First Reading of Ordinance No. 010, 2012, Amending the Land Use Code to Delete All References to Medical Marijuana Businesses. C. First Reading of Ordinance No. 011, 2012 Amending Chapter 15, Article XVII of the City Code to Add Additional Provisions Regarding Medical Marijuana Patients and Primary Caregivers. These Ordinances address actions needed as a result of the citizen initiated and voter approved ban on medical marijuana related business. Ordinance No. 009, 2012, repeals the sections of the Code that were enacted to license and regulate such businesses and reenacts those provisions in a manner consistent with the adopted ballot language. The new language bans all medical marijuana business in the City as of 12:01 am, February 15, 2012. Ordinance No. 010, 2012, addresses changes specific to the Land Use Code. It deletes such businesses from the list of permitted uses in Article 4, deletes definitions from Article 5, and deletes all references in Articles 1 and 3. Ordinance No. 011, 2012, adds certain provisions to the Code sections dealing with primary caregivers and their patients. 18. First Reading of Ordinance No. 012, 2012, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. (staff: Janet Miller, Amy Sharkey; 5 minute staff presentation; 10 minute discussion) City Council met in executive session on November 9, 2011, to conduct the performance review of Municipal Judge Kathleen Lane. Ordinance No. 012, 2012, establishes the 2012 salary of the Municipal Judge. 19. First Reading of Ordinance No. 013, 2012, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. (staff: Janet Miller, Amy Sharkey; 10 minute discussion) City Council met in Executive Session on January 17, 2012 to conduct the performance review of City Attorney Steve Roy. Ordinance No. 013, 2012, establishes the 2012 salary of the City Attorney. 20. First Reading of Ordinance No. 014, 2012, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. (staff: Janet Miller, Amy Sharkey; 10 minute discussion) City Council met in executive session on November 9, 2011, to conduct the performance review of City Manager Darin Atteberry. Ordinance No. 014, 2012, establishes the salary of the City Manager. 21. Consideration of Citizen-Pulled Consent Items. Page 6 22. Other Business. a. Motion Regarding Ethics Complaint filed by David Bell Against Gino Campana, Planning and Zoning Boardmember. b. Council will consider adjourning into Executive Session for the purpose of meeting with the City Attorney and other affected members of City staff, as permitted under City Code Section 2-31(a)(2), regarding legal issues related to the reconstruction of the interchange at I-25 and SH 392. 23. 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 Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting.