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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/15/2012 - 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 Rita Harris, Interim 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 May 15, 2012 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring May 2012 as Poppy Month. B. Proclamation Declaring May 13-19, 2012 as Police Week. 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. 20) N Citizen opportunity to pull Consent Calendar items. (will be considered under Item. No. 24) 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 16. 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. Second Reading of Ordinance No. 035, 2012, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-jurisdictional Northern Colorado Drug Task Force. This Ordinance, unanimously adopted on First Reading on May 1, 2012, appropriates three grant awards received from the Office of National Drug Control Policy and the Department of Justice in the amount of $201,579 for the operation of the Northern Colorado Drug Task Force to help fund the investigation of illegal narcotics activities in Larimer County. Also, $142,784 will be transferred from the NCDTF forfeiture reserve account to the City of Fort Collins General Fund to establish the 2012 annual operating budget for expenses that are not grant funded. 7. Second Reading of Ordinance No. 036, 2012, Appropriating Additional Unanticipated Grant Revenue in the General Fund for the Exterior Preservation and Reconstruction of the Avery Building at the Intersection of College and Mountain Avenues. Unexpected costs, including higher bid prices and additional work requested by the owner, have resulted in the Avery Building restoration and renovation project costing more than originally provided for. The original cost of $430,270 was funded by a State Historic Fund grant for $215,135, matched by an equal amount provided by the property owner, Avery Building, LLC. This Ordinance, unanimously adopted on First Reading on May 1, 2012, appropriates additional revenue in the amount of $220,000 provided by the property owner to the City to cover the additional costs. The award- winning project is nearing completion, and is expected to be finished at the end of May 2012. 8. Second Reading of Ordinance No. 037, 2012, Authorizing the Conveyance of a Permanent, Non- Exclusive Utility Easement on City Parks Property to Maple Hill Master Association. In April 2004, the City of Fort Collins Parks Department acquired Tract I, Maple Hill, located in northeast Fort Collins, near Turnberry and Country Club Road. The City purchased this tract for a future public neighborhood park as well as for access, drainage and utility easements. This Ordinance, unanimously adopted on First Reading on May 1, 2012, authorizes the conveyance of a utility easement for an eight-foot wide irrigation easement through the corner of Tract I to Maple Hill Homeowners Association. 9. Second Reading of Ordinance No. 038, 2012, Annexing Property Known as the Wild Plum Farm Annexation No. 1. Ordinance No. 038, 2012, unanimously adopted on First Reading on May 1, 2012, annexes 0.64 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed and is in the FA – Farming Zone District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the City (Lincoln Middle School) to the east. The zoning ordinance is being considered on First Reading on May 15, 2012. 10. Second Reading of Ordinance No. 040, 2012, Annexing Property Known as the Wild Plum Farm Annexation No. 2. Ordinance No. 040, 2012, unanimously adopted on First Reading on May 1, 2012, annexes 3.32 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed and is in the FA - Farming District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the City (Lincoln Junior High School) to the east. The zoning ordinance is being considered on First Reading on May 15, 2012. Page 4 11. First Reading of Ordinance No. 041, 2012, Appropriating Unanticipated Revenue in the Street Oversizing Fund, Authorizing the Transfer of Existing Appropriations in the Street Oversizing Fund for Transfer to the Capital Projects Fund, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Turnberry Road Improvements Project, and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. With the development of the Maple Hill, Brightwater Landings, and Richards Lake subdivisions, arterial street improvements are planned for Turnberry Road between Country Club Road and Brightwater Drive. Each of these subdivisions is required to construct local street improvements along their respective Turnberry Road frontages. These improvements have now been incorporated into a larger, City managed project to construct a new two lane arterial roadway east of the existing roadway between Country Club Road and Brightwater Drive. In addition, a pedestrian underpass for a City Parks Trail will be constructed under Turnberry Road as part of this project. The project will also relocate and upgrade utility infrastructure, including the installation of stormsewer and street light improvements as per the approved development plans. Except for the pedestrian underpass which is funded by the Parks Planning Department and the relocation of a water main funded by the East Larimer County (ELCO) Water District, the project will be funded through developer contributions and the Street Oversizing Program. The improvements are in accordance with both the Master Street Plan and the Mountain Vista Subarea Plan 12. Hearing and First Reading of Ordinance No. 042, 2012, Amending the Zoning Map of the City and Classifying for Zoning Purposes the Property Included in the Wild Plum Farm Annexation Numbers 1 and 2 to the City of Fort Collins, Colorado. This is a request to zone 3.96 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed with an existing single family residence and horse boarding stable and is in the FA – Farming Zone District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the city (Lincoln Middle School) to the east. The requested zoning for these annexations is Urban Estate. Horse boarding facilities are an allowed use in the Urban Estate zone district. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary as this property is already in the District. The “Residential Neighborhood Sign District” was established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the city which may be particularly affected by such signs because of their predominantly residential use and character. Additionally, as a condition on the requested Urban Estate zoning, staff is recommending the restrictions placed on the property at the County’s Special Review hearing are carried over as restrictions on the horse boarding facility use within the city. 13. First Reading of Ordinance No. 043, 2012, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities and the Fort Collins Convention and Visitors Bureau. This Ordinance appropriates $43,319 for 2012 Cultural Development and Programming (CDP1) activities and $145,407 for the Convention and Visitors Bureau (CVB) from unanticipated revenues and unspent appropriations in the General Fund Lodging Tax Reserves. Approximately $908,908 in Lodging Tax revenue was collected in 2011 that was distributed to the CDP (70%), CVB (25%) and Visitor Events (CDP2)(5%). After 2011 expenditures and miscellaneous revenue, there is unanticipated revenue and unspent appropriations of $43,319 for CDP and $145,407 for CVB available for activities in 2012. 14. Resolution 2012-033 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. Page 5 The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide grants to fund community events. This Resolution will adopt the recommendations from the Cultural Resources Board to disburse these funds. 15. Resolution 2012-034 Authorizing the Lease of a Portion of City-Owned Property Located at 200 West Mountain Avenue, Suite B, For Up to Two Years As Part of the Fort Collins Public Access Network (FC-PAN). FC-PAN is the City’s designated public access provider. One of their responsibilities, as required by the City, is to provide and operate a Community Media Center. City Council approved the leasing of this space to FC-PAN in 2008 and in 2010, each for a two year term. In lieu of rent, FC-PAN pays the utilities for its space (449 square feet). 16. Routine Deed and Easement. Right of Way Dedication for additional right-of-way and a Grant and Dedication of a Slope Easement both from The North Poudre Irrigation Company for the South Timberline Road Street Oversizing Project at South Timberline Road and North or Carpenter Road. END CONSENT 17. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 18. Staff Reports. • Homeless Project Connect 19. Councilmember Reports. 20. 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. Page 6 21. Items Relating to the Completion of the 2012 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program and the City’s Human Services Program. (Staff: Heidi Phelps, Sharon Thomas; 15 minute staff presentation; 1 hour discussion) A. Hearing and Resolution 2012-035 Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program and the City’s Human Services Program. (Three Options for Section 2) B. Hearing and First Reading of Ordinance No. 044, 2012, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. C. Public Hearing and Resolution 2012-036 Approving the Fiscal Year 2012 Administration and Project Budgets for the Home Investment Partnership Program. D. Hearing and First Reading of Ordinance No. 045, 2012, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Home Investment Partnership Fund. Resolution 2012-035 will complete the 2012 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, 2012. Ordinance No. 044, 2012, appropriates the City’s FY 2012 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD). Resolution 2012-036 establishes the major funding categories within the HOME Program for the FY 2012 program year, which also starts on October 1, 2012. Specific projects for the use of HOME funds will be determined in November as a result of the 2012 fall cycle of the competitive process. Ordinance No. 045, 2012, appropriates the City’s FY 2012 HOME Participating Jurisdiction Grant from HUD. 22. Items Relating to Rebates of Property Taxes, Sales Tax on Food, and Utilities. (Staff: John Voss, Jessica Ping-Small; 5 minute staff presentation; 15 minute discussion) A. First Reading of Ordinance No. 046, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating to the City’s Property Tax Rebate. B. First Reading of Ordinance No. 047, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating to the Rebate of the City’s Sales Tax on Food. The Finance Department currently administers three rebate programs for low income, senior and disabled residents. The rebates are for Property Tax, Utilities and Sales Tax on Food which were created in 1972, 1975 and 1985 respectively. The Finance Department is proposing the following changes to provide consistency among the rebates, allow an increased number of residents to qualify for the Property Tax and Utility Refund and simplify the process for applicants. An increase in the rebate amount for the Sales Tax on Food Rebate is also proposed. Highlights of Proposed Changes to Chapter 25: Property Tax Rebate: Change the income qualification from 30% of area median income (AMI) to 50% of AMI to increase the number of senior and disabled residents that qualify and to align with the Sales Tax on Food rebate income qualifications. Update the application period to August 1st through October 31st. Page 7 Utility Refund: Change the income qualification from 30% of area median income (AMI) to 50% of AMI to allow for an increased number of senior and disabled residents to qualify and to align with the Sales Tax on Food rebate income qualifications. Update the application period to August 1 through October 31. No Code amendment is needed to make these changes because Code Section 26-613 states that applicants for utility rebates must meet the same qualifications requirements as applicants for property tax rebates. Sales Tax on Food Rebate: Update the rebate amount from $40 to $54 per member of qualifying household and index the rebate amount moving forward to the local CPI. Update the application period to August 1 through October 31. 23. First Reading of Ordinance No. 048, 2012 Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City. (Staff: Karen Cumbo; 15 minute staff presentation; 1 hour discussion) Although there has not been a great deal of oil and gas drilling in Larimer County until recently, the discovery of the resource-rich Niobrara formation in this region, and the increased use of horizontal hydraulic fracturing (“fracking”) and directional drilling increase the likelihood of oil and gas drilling in the City of Fort Collins. The State of Colorado has largely pre-empted the regulation of oil and gas drilling, even within municipal boundaries, but City staff is monitoring the recent legislative discussions as well as drilling activity, and proposes the development of regulations, and a moratorium on any oil and gas drilling until those regulations are adopted. 24. Consideration of Citizen-Pulled Consent Items. 25. Other Business. • Motion to Adjourn Meeting to Tuesday, May 22, 2012, for the mid-year evaluations of the Council’s direct employees. 26. 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.