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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 12/20/2011 - 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 December 20, 2011 Proclamations and Presentations 5:30 p.m. A. 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. 26.) N Citizen opportunity to pull Consent Calendar items. (will be considered under Item. No. 33.) 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 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. 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. Postponement of Second Reading of Ordinance No. 131, 2011, Amending the Appeals Procedure Contained in Chapter 2, Article II, Division 3 of the City Code Relating to the Procedures for Hearing Appeals to the City Council to February 21, 2012. At its meeting of October 4, 2011, City Council considered Ordinance No. 131, 2011, Amending the Appeals Procedure. It was adopted on First Reading, but Council asked that staff conduct some outreach on the proposed changes, and Second Reading was scheduled for December 20. A public meeting was held on November 30, and approximately fourteen people attended. Several concerns about the appeals process were raised that are not addressed by the proposed changes, and there was considerable discussion of the impact of the proposed amendments. Staff would like to request that Second Reading of this Ordinance be postponed until February 21, 2012. This will permit further discussion of the issues raised at the meeting, and refinement of the proposed amendments to address concerns. 7. Second Reading of Ordinance No. 168, 2011, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Project. This Ordinance, unanimously adopted on First Reading on December 6, 2011, appropriates unanticipated revenue of $163,068 from the Discovery Science Center ($160,625) and LaFarge ($2,443) for the Museum Exhibit Capital Project. 8. Items Relating to Bobcat Ridge Natural Area. A. Second Reading of Ordinance No. 169, 2011, Authorizing the City Manager to Enter into a Grant Contract with History Colorado, the Colorado Historical Society for Funds to Restore Two Historic Structures at Bobcat Ridge Natural Area. B. Second Reading of Ordinance No. 170, 2011, Appropriating Unanticipated Revenue in the Natural Areas Fund Project to Restore Two Historic Structures at Bobcat Ridge Natural Area. The State of Colorado awarded the City a grant of $93,392 from the State Historical Fund to fund 75% of the estimated cost of $124,523 to restore two historic structures at Bobcat Ridge Natural Area: the 1888 pioneer barn and log chicken house. Ordinance No. 169, 2011, authorizes the City Manager to enter into a contract with History Colorado. The contract requires a twenty-year covenant on the property surrounding the barn and chicken shed, which states that the City will agree to maintain the buildings, once restored, for twenty years and will not alter anything on the property without express written permission of History Colorado. The City also received a $24,000 grant from the Pulliam Charitable Trust to provide most of the 25% in funds necessary to match the funds received from the State. Natural Areas Program funds will be used to fund the remaining $7,131 necessary to fully fund the project. Ordinance No. 170, 2011, authorizes the appropriation of the grant funds. Both Ordinances were unanimously adopted on First Reading on December 6, 2011. 9. Items Relating to the Seckner Brothers Building, 216, Linden Street. A. Second Reading of Ordinance No. 171, 2011, Appropriating Unanticipated Grant Revenue in the General Fund for the Exterior Rehabilitation of the Seckner Brothers Building at 216 Linden Street. B. Resolution 2011-109 Authorizing the City Manager to Enter Into an Intergovernmental Agreement with the State of Colorado for the Use and Benefit of the Colorado Historical Society for the Administration of the Exterior Rehabilitation of the Seckner Brothers Building Located at 216 Linden Street. Page 4 This Ordinance, unanimously adopted on First Reading on December 6, 2011, appropriates unanticipated revenue in the amount of $73,890 for the exterior facade rehabilitation of the Seckner Brothers Building, 216 Linden Street. The City was awarded a State Historical Fund grant in the amount of $35,000. Matching funds totaling $36,890 are provided by the Downtown Development Authority ($25,890), a City-funded Zero-Interest Loan ($6,100) and the remainder by the building’s owners, Irwin and Judith Winterowd. In order to accept the grant and proceed with the project, the City must enter into an intergovernmental agreement (IGA) with the Colorado Historical Society agreeing to administer the grant. The City of Fort Collins will only be responsible for administering the grant which will be carried out by Community Development and Neighborhood Services staff. Staff time allocated to administration will be reimbursed by the grant. The Resolution authorizes the City Manager to execute the IGA. 10. Second Reading of Ordinance No. 172, 2011, Adopting the 2012 Classified Employees’ Pay Plan. Ordinance No. 172, 2011, unanimously adopted on First Reading on December 6, 2011, adopts the 2012 classified employees’ pay plan. The 2012 Pay Plan establishes a structure for employee compensation. It is the framework that sets the minimum and maximum pay for City positions. The methodology used by the City is based on compensation best practices. The 2012 Pay Plan uses average actual salary data collected from public and private sector markets for benchmark positions to determine pay range midpoints within occupational groups. Ranges for non-benchmark jobs are established using a point factor system that is calibrated against the benchmark jobs. 11. Second Reading of Ordinance No. 173, 2011, Amending the City Code Concerning the Issuance of Special Event Permits by the Local Licensing Authority. Legislators adopted Senate Bill 11-066, which authorizes a local liquor licensing authority to issue special event permits to qualifying organizations and political candidates without sending the application to the state authority for approval. This Ordinance, unanimously adopted on First Reading on December 6, 2011, authorizes the local licensing authority to approve special event permit applications locally without obtaining state approval as allowed under Senate Bill 11-066. Additionally, there is a proposed increase of $25 in the local application fee to help defray some of the costs associated with the local application process, which generally exceed the proposed fee of $50 per day of permitted event. 12. Second Reading of Ordinance No. 174, 2011, Amending Chapter 26 of the City Code to Adopt and Provide for Technical Revision of the Fort Collins Stormwater Criteria Manual. The Stormwater Repurposing effort was initiated at a City Council work session in October 2008. The intent of this effort was to review the City’s stormwater program in its entirety, and explore new or reformed methods of water quality and quantity management in each of the City’s stormwater basins. The program review was broken down into 14 categories, with one specifically identifying the need to update the Stormwater Criteria Manual. This Ordinance, unanimously adopted on First Reading on December 6, 2011, adopts the Urban Drainage and Flood Control District (UDFCD) Criteria Manual and will set the standard for the City of Fort Collins. Exception language that identifies key aspects specific to the City will be adopted into the City Code concurrently with this action. 13. Second Reading of Ordinance No. 175, 2011, Designating the Bartlett/Goeke House and Attached Garage, 160 Yale Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. This Ordinance, unanimously adopted on First Reading on December 6, 2011, designates the Bartlett/Goeke House and Attached Garage, 160 Yale Avenue, as a Fort Collins Landmark. The owner of the property, Judith Goeke, is initiating this request. Page 5 14. Second Reading of Ordinance No. 176, 2011, Designating the Chestnut/ Wombacher Residence, Attached Three-Car Garage, and Historic Freestanding Fireplace, 331 South Shields Street/1200 West Magnolia Street, as Fort Collins Landmarks Pursuant to Chapter 14 of the City Code. This Ordinance, unanimously adopted on First Reading on December 6, 2011, designates the Chestnut/ Wombacher Residence, Attached Three-Car Garage, and Historic Freestanding Fireplace, located at 331 South Shields Street/1200 West Magnolia Street as a Fort Collins Landmark. The owner of the property, Margaret Wombacher, is initiating this request. 15. Second Reading of Ordinance No. 177, 2011, Designating the Lewis and Mae Tiley/Joanne F. Gallagher Residence and Attached Garage, 2500 South College Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Ordinance No. 177, 2011, unanimously adopted on First Reading on December 6, 2011, designates the Lewis and Mae Tiley/Joanne F. Gallagher Residence and Attached Garage, located at 2500 South College Avenue, as a Fort Collins Landmark. The owner of the property, Joanne Gallagher, is initiating this request. 16. Second Reading of Ordinance No. 178, 2011, Amending the Land Use Code Regarding Digital Signs and Pole Signs. This Ordinance, unanimously adopted on First Reading on December 6, 2011, amends the Land Use Code regulations for digital signs and freestanding pole signs. With respect to digital signs, the recommended Code changes address such things as brightness, color, design, and location. Additional design criteria to enhance the appearance of pole signs are also proposed. Three proposed standards contained in the Ordinance have been amended for Second Reading based on questions or concerns expressed during the First Reading hearing on this matter. One additional change is included on Second Reading to allow for flexibility in determining the compliance period for signs made nonconforming by future sign code amendments. 17. Second Reading of Ordinance No. 179, 2011, Appropriating Prior Year Reserves in the General Fund for Transfer to the Transit Services Fund and Appropriating Unanticipated Revenue in the Transit Services Fund for the Safe Ride Home Weekend Bus Service. Fort Collins Police Services (FCPS) has had recent discussions with the Associated Students of Colorado State University (ASCSU) about creating an additional transportation option for people leaving the downtown area on weekend nights. In this partnership Police Services hopes to accomplish important goals of reducing the number of people and the associated problems in the downtown area and increasing traffic safety by giving people an additional option for leaving downtown safely and decreasing the number of drivers who have been drinking during this timeframe. The available transportation is unable to meet the demand for transportation during this timeframe. ASCSU has an interest in providing this service for students and is willing to invest funds from student fees to address this need. By combining available funding, these parties are able to provide this service to all members of our community for a modest fare. The proposal is to enter into a one year contract between ASCSU and Transfort to provide two fixed bus routes on Friday and Saturday nights, every weekend during the term of the Agreement, from 11:30 PM to 2:30 AM. An ongoing assessment will be conducted to determine the effectiveness of this project, any potential improvements, and explore opportunities for long-term funding. This Ordinance, unanimously adopted on First Reading on December 6, 2011, appropriates the funds for the operation of a late night bus service. 18. Resolution 2011–110 Approving a Collective Bargaining Agreement with the Fraternal Order of Police. The City and the Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP), using an interest based bargaining approach, engaged in negotiations regarding the terms and conditions of a possible bargaining agreement for 2012 and 2013. City staff and the FOP have tentatively reached an agreement. On November 30, 2011, bargaining unit members voted to ratify the proposed agreement. Page 6 19. Resolution 2011-111 Authorizing the Filing of Application with the Federal Transit Administration, an Operating Administration of the United States Department of Transportation, for Federal Transportation Assistance Authorized by 49 U.S.C. Chapter 53, Title 23 United States Code and Other Federal Statutes Administered by the Federal Transit Administration. The City of Fort Collins receives approximately $2.7million annually (five year average) in federal assistance from the Federal Transit Administration (FTA) for mass transportation projects. One requirement to receive this federal assistance is that the City retains on file with the FTA, an Authorizing Resolution from City Council that authorizes the City Manager or his/her designee on behalf of the City of Fort Collins to: (a) execute and file application for federal assistance with the FTA (b) execute federal assistance awards (grants) and cooperative agreements with the FTA (c) execute and file the annual certifications and assurances and other documents that are required by the FTA before federal assistance is awarded. The FTA has requested that the City of Fort Collins update the current Authorizing Resolution it has on file for the City, dated November 1990. 20. Resolution 2011-112 Adopting an Updated Policy for the Review and Approval of Easements on City Natural Areas and Conserved Lands. The City of Fort Collins Natural Areas and Open Lands Easement Policy was adopted by Resolution 2001-094. To date, approximately forty right-of-way easements have been granted by the City under this Policy. The Natural Areas program (NAP) is proposing revisions to the Policy to address: 1. Compensation and mitigation requirements 2. Review and approval of projects proposed within existing easements 3. Above-ground features associated with buried utility cables and pipelines 4. Specific types of facilities 5. Review and approval of projects within new or existing utility easements on lands conserved with Conservation Easements 6. Oil and Gas and Minerals Exploration and Production 7. Public Information and Review Process. 21. Resolution 2011-113 Authorizing an Intergovernmental Agreement with the Colorado State Board of Land Commissioners and Larimer County Regarding the Energy by Design Planning Process. Soapstone Prairie Natural Area (Soapstone) and Meadow Springs Ranch (MSR) are owned by the City of Fort Collins Natural Areas Program and Fort Collins Utilities, respectively. Soapstone and MSR are considered split estate properties as the City owns the surface estate and the mineral estate (including oil and gas) is owned by other parties. The State of Colorado owns approximately 12,400 acres of mineral rights underlying the properties: 3,500 underlying Soapstone and 8,900 underlying MSR. The Colorado State Board of Land Commissioners (SLB) has contracted with The Nature Conservancy (TNC) to conduct an Energy by Design (EbD) planning process on Soapstone and MSR. The goal of the EbD process is to develop a plan that conserves key natural, recreational, landscape view, agricultural, and cultural resource values while providing reasonable access to the SLB’s and others’ mineral estate. This plan also includes strategies to avoid, minimize, and mitigate surface impacts to key resources. Subject to Council review and approval of the proposed MOU, the City will be a partner in the planning process. The Memorandum of Understanding outlines the responsibilities of each party for the Energy by Design planning process. Page 7 22. Resolution 2011-114 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. Vacancies currently exist on various boards, commissions, and authorities due to resignations of board members and the expiration of terms of current members. Applications were solicited during September and Council teams interviewed applicants during October, November, and December. This Resolution appoints boardmembers to fill current vacancies and term expirations. 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. 26. 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. 27. Second Reading of Ordinance No. 167, 2011, Amending Chapter 23, Articles IX and X of the City Code to Update Language Related to the Use of Motorized Devices on City Trails by People with Disabilities. (staff: Marty Heffernan; 5 minute staff presentation; 30 minute discussion) On First Reading, the City Council amended Ordinance No. 167, 2011 to eliminate the provisions pertaining to implementation of a one year trial period to allow electric assisted bicycles on City trails. Provisions in the Ordinance to change the City Code to clarify that people with temporary or permanent mobility disabilities are allowed to operate ebikes and other power driven mobility devices on trails, and in parks and natural areas, in accordance with City regulations, were retained. This Ordinance was adopted with these revisions, on First Reading on November 15, 2011 by a vote of 4-2 (Nays: Troxell, Weitkunat). Page 8 Changes were made to the Ordinance between First and Second Readings to shorten the title of the Ordinance, add information about recent ADA regulations, and remove a definition that is no longer needed. Pursuant to a request from Councilmembers Troxell and Kottwitz and Mayor Weitkunat, an Optional Version of the Ordinance is also provided on Second Reading that includes Code revisions to provide for a pilot ebikes program, as originally presented on First Reading. That version, which also includes shown in bold proposed edits to the title and in “whereas” clauses on the first page that improve the explanation of the ADA-related changes, is labeled as “Optional Version.” 30. Resolution 2011-115 Relating to Assistance for Persons Displaced from Affordable Housing in the Fort Collins Area. (staff: Diane Jones, Karen Cumbo, Ginny Sawyer; 10 minute staff presentation; 45 minute discussion) Council appropriated $50,000 in November 2011 for a relocation assistance program. In light of recent developments with the Bender Mobile Home Park, staff developed a disbursement plan that, if approved by Council, will be implemented beginning January 1, 2012. 28. First Reading of Ordinance No. 182, 2011, Amending Section 15-483 of the City Code So as to Eliminate the Eight-ounce Limitation on the Amount of Medical Marijuana That Can Be Distributed by Licensees to Other Licensed Medical Marijuana Centers. (staff: Ginny Sawyer, Jerry Schiager, Medical Marijuana Staff Team; 5 minute staff presentation; 30 minute discussion) All medical marijuana businesses in Fort Collins must cease operation by February 14, 2012. This amendment would allow existing businesses to sell more than 8 ounces of product to another licensed business outside the City limits in an effort to eliminate inventory by February 14, 2012. 29. First Reading of Ordinance No. 183, 2011, Authorizing the Lease of City-owned Property at 430 North College Avenue and 100 Willow Street to the Colorado State University Research Foundation. (staff: Bruce Hendee, Ken Mannon, Helen Matson; 5 minute staff presentation; 30 minute discussion) Colorado State University (CSU) has leased the City-owned property known as the Old Power Plant at 430 North College Avenue for the last 17 years. CSU has used this site as the Engines and Energy Conversion Lab (EECL). This program has grown over the years and it is CSURF’s desire to construct a new building that will be used to house additional labs, office and incubator companies sharing the vision of the EECL. A new lease agreement was necessary to accommodate these changes. The new lease agreement will be with Colorado State University Research Foundation (CSURF) and CSU will relinquish all rights, title and interest in the original Lease Agreement dated February 15, 1994 and the First Amendment to Lease Agreement dated January 13, 2005. 31. Resolution 2011-116 Appointing a Representative to the Colorado Municipal League Policy Committee. (staff: Darin Atteberry; no staff presentation; 10 minute discussion) Fort Collins has two representatives on the Colorado Municipal League Policy Committee, Councilmember Lisa Poppaw and City Manager Darin Atteberry. Councilmember Poppaw has requested to be replaced as she is unable to attend the meetings. This Resolution will appoint another Councilmember as the City’s representative to the CML Policy Committee. 32. Resolution 2011-117 Making an Appointment to the Zoning Board of Appeals. (staff: Wanda Krajicek; no staff presentation; 10 minute discussion) A vacancy currently exists on the Zoning Board of Appeals due to the term limit vacancy of Jim Pisula. Mayor Karen Weitkunat and Mayor Pro Tem Kelly Ohlson conducted interviews but did not agree on a recommendation for this vacancy. The Council interview team wishes to submit two names (Robert V. Long and Rudolph C. Zitti) for Council’s consideration for that position. 33. Consideration of Citizen-Pulled Consent Items. Page 9 34. Other Business. 35. 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. urban renewal authority Karen Weitkunat, President City Council Chambers Kelly Ohlson, Vice-President City Hall West Ben Manvel 300 LaPorte Avenue Lisa Poppaw Fort Collins, Colorado Aislinn Kottwitz Wade Troxell Gerry Horak Cablecast on City Cable Channel 14 on the Comcast cable system Darin Atteberry, Executive Director Steve Roy, City Attorney Wanda Krajicek, Secretary 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. URBAN RENEWAL AUTHORITY MEETING December 20, 2011 (after the Regular Council Meeting) 1. Call Meeting to Order. 2. Roll Call. 3. Resolution No. 040 Adopting a Budget for the Fort Collins Urban Renewal Authority. (staff: Christina Vincent, Chris Martinez; 5 minute staff presentation; 20 minute discussion) The Fort Collins Urban Renewal Authority (URA) is expected to generate $913,815 in property tax increment collections from the North College Urban Renewal Plan Area. This prediction is based on information from the County Assessor’s Office 2011 December Certification. In addition to the tax increment revenue, there will be revenue from interest on investments that total approximately $84,500. The total amount of revenue for the URA in 2012 is approximately $998,315. The revenue from interest on investments, combined with estimated year-end fund balance in the URA Operating Fund will be the source for the following recommended operating appropriations: • $198,583 Operations and Maintenance • $20,000 Consultant fees related to ongoing projects The 2012 URA debt service payments total $645,296 for the following loans: 1. North College Marketplace - 2009 2. JAX - 2010 3. Northeast College Corridor Outfall Project - 2011 4. Kaufman and Robinson - 2011 5. North College Marketplace – 2011 The 2012 expenses for the URA total $863,879 for operations and debt service obligations. December 20, 2011 4. Other Business. 5. Adjournment.