Loading...
HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 11/20/2007 - SUMMARY AGENDAREGULAR MEETING AGENDA Doug Hutchinson, Mayor Kelly Ohlson, District 5, Mayor Pro Tem Ben Manvel, District 1 Lisa Poppaw, District 2 Diggs Brown, District 3 Wade Troxell, District 4 David Roy, District 6 FORT COLLINS CITY COUNCIL November 20, 2007 City Council Chambers City Hall West 300 LaPorte Avenue Fort Collins, Colorado Cablecast on City Cable Channel 14 on the Comcast cable system 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. A. Proclamation Declaring November 21, 2007 as Champions for Alzheimer's Awareness Day. PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. PAGE 2 CITIZEN PARTICIPATION (limited to 30 minutes) Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must fast 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 is not allowed • Keep comments brief; if available, provide a written copy of statement to City Clerk 4. CITIZEN PARTICIPATION FOLLOW-UP: This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen Participation. 5. AGENDA REVIEW: CITY MANAGER The Consent Calendar consists of Items 6 through 18. This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Item No. 27, Pulled Consent Items. The Consent Calendar consists of • Ordinances on First Reading that are routine; • Ordinances on Second Reading that are routine; • Those of no perceived controversy; • Routine administrative actions. 6. Second Reading of Ordinance No. 114, 2007, Amending the City Code to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated Costs of Services. This Ordinance, unanimously adopted on First Reading on October 16, 2007, increases the fee schedules for the Capital Improvement Expansion Fees and Neighborhood Parkland Fee by the estimated 2007 changes in the Denver -Boulder -Greeley Consumer Price Index ("CPI"). Costs in the Capital Improvement Expansion Fees ("CIEF") Study and the fee schedule for the Neighborhood Parkland Fees were calculated using costs from 1995. The fees were last adjusted in 2006. This Ordinance increases the CIEF and the neighborhood parkland fees PAGE 3 by the estimated 2007 increase in the CPI of 2.50%, and the Street Oversizing fees by 4.85%, which reflects the projected increase reported in the Engineering News Record. Items Relating to the 2008 Downtown Development Authority Budget. A. Second Reading of Ordinance No. 115, 2007, Appropriating Downtown Development Authority Operating Funds and Fixing the Mill Levy for Fiscal Year 2008. B. Second Reading of Ordinance No. 116, 2007, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service for the Year 2008. C. Second Reading of Ordinance No. 117, 2007, Authorizing the Transfer of Appropriations Between Capital Improvements Within the Downtown Development Authority Operations and Maintenance Fund Related to the City of Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2004A. The Downtown Development Authority Board of Directors (the 'Board") adopted its proposed budget for 2008 totaling $6,709,104 on September 13, 2007. The Board determined the mill levy necessary to provide for payment of administrative costs incurred by the DDA at its regular meeting of September 13, 2007. Ordinance No. 115, 2007, appropriates the DDA operating funds and sets the mill levy. Ordinance No. 116, 2007, appropriates funds for 2008 DDA debt service payments from the tax increment received by the City. Ordinance No. 117, 2007, authorizes the transfer of appropriations of $1,000,000 from the City of Fort Collins Museum project to the funding of Beet Street for 2008. These Ordinances were unanimously adopted on First Reading on October 16, 2007. 8. Items relating to Utility Rates and Charges for 2008. A. Second Reading of Ordinance No. 119,2007, Amending Chapter 26 ofthe City Code to Revise Water Plant Investment Fees and Raw Water Requirements. B. Second Reading of Ordinance No. 120, 2007 Amending Chapter 26 of the City Code Relating to Wastewater Rates and Charges. C. Second Reading of Ordinance No. 121, 2007, Amending Chapter 26 of the City Code to Revise Sewer Plant Investment Fees. D. Second Reading of Ordinance No. 122, 2007 Amending Chapter 26 of the City Code Relating to Electric Rates and Charges. PAGE 4 E. Second Reading of Ordinance No. 123,2007, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges. F. Second Reading of Ordinance No. 124,2007, Amending Chapter 26 of the City Code to Revise Stormwater Plant Investment Fees. G. Second Reading of Ordinance No. 125,2007, Amending Chapter 26 ofthe City Code Relating to Utility Connection Fees and Miscellaneous Charges. Ordinance No. 120, 2007 and Ordinance No. 122, 2007, establish monthly wastewater and electric rates for 2008. The electric rate Ordinance also includes a housekeeping change to the power adjustment clause. Ordinance No. 125, 2007, updates utility connection fees and miscellaneous charges for returned items and turn-off notices to recover the cost of these services. Ordinances Nos. 119, 121, 123, and 124, 2007, adopt revised water, sewer and stormwater plant investment fees and electric development fees. The fees are one-time charges paid by developers or builders for the cost of the utility infrastructure needed to serve new development. Per Council direction, plant investment fees are reviewed on an annual basis and revised during the biennial budget cycle. Plant investment fees (PIFs) for water, wastewater and stormwater were updated with the 2006-2007 budget. Electric development fees and charges are updated annually. These Ordinances were unanimously adopted on First Reading on October 16, 2007. 9. Second Readine. of Ordinance No. 129, 2007, Appropriating Unanticipated Grant Revenue in the General Fund for the Oneration of the Colorado Welcome Center. This Ordinance, unanimously adopted on First Reading on November 6, 2007, appropriates grant funds received from the Colorado Tourism Office in the amount of $75,726 for the operation of the Colorado Welcome Center. The City has contracted with the Fort Collins Convention and Visitors Bureau to operate this program. Neither City General Funds nor Lodging Tax revenue are included in this project. 10. Second Reading of Ordinance No. 131, 2007, Amending the City Code Regarding Nuisance Abatement Collections and Liens. The City Code currently permits imposing tax liens on properties for unpaid abatement assessments in three separate sections of the Code. This Ordinance, unanimously adopted on First Reading on November 6, 2007, clarifies the process and make each section consistent with the others. The changes to the Code regarding the procedures for recouping the City's costs of abating nuisances, sidewalk snow removal, and forestry encroachments will provide the City with an efficient mechanism with which to place liens on properties for unpaid and delinquent abatement charges. PAGE 5 11. Items Relating to Real Property Conveyances for the Benefit of the Willow Street Loft Project. A. Second Reading of Ordinance No. 132, 2007, Authorizing the Conveyance of Certain Real Property at the Northside Aztlan Community Center to Lagunitas Giddings, Inc. B. Second Reading of Ordinance No. 133, 2007, Authorizing the Conveyance of a Sidewalk Easement, Landscape Easement, Drainage Easement and a Temporary Construction Easement at the Northside Aztlan Community Center to Lagunitas Giddings, Inc. C. Second Reading of Ordinance No. 134, 2007, Authorizing the Conveyance of a Utility Easement at the Northside Aztlan Community Center to Comcast of California/Colorado LLC and to Qwest Corporation. Lagunitas Giddings, Inc. ("LGP') has been in the planning process for some time for the Willow Street Loft Project ("WSLP"). In order for LGI to design the project to the design of its choice, LGI needed to acquire one-half of a vacated alley on City -owned property and also needed to acquire the above described easements. All these property interests are on City -owned property known as the Northside Aztlan Community Center ("NACC"). These Ordinances, unanimously adopted on First Reading on November 6, 2007, authorize the conveyance of the easements needed by LGI. 12. Second Reading of Ordinance No. 135, 2007, Authorizing the Conveyance of a Portion of Lot 30 in Golding -Dwyer Subdivision of Block 275, in the City of Fort Collins. A local real estate broker is attempting to sell the house and lot at 525 North Whitcomb Street, being Lot 31, in Golding -Dwyer Subdivision, of Block 275. Lot 31 is adjacent to the City -owned Lot 30. A two -car garage that is attached to the house on Lot 31 is located on and encroaches upon a portion of City -owned Lot 30. The broker wants to sell Lot 31 and the encroachment area on Lot 30 together, in order for the purchaser to have both house and attached garage on two lots. This Ordinance, unanimously adopted on First Reading on November 6, 2007, conveys the portion of Lot 30 that contains the encroachment area. 13. Second Reading of Ordinance No. 136, 2007, Assessing the Cost of Improvements in the Timberline and Prospect Special Improvement District No. 94 in the City of Fort Collins, Colorado, and Providing for the Payment and Collection Thereof. In October 2005, Council established the Timberline and Prospect Special Improvement District #94 (the "District'). The City has completed the improvements and is now prepared to assess the District. This Ordinance, unanimously adopted on First Reading on November 6, 2007, assesses the District costs to the property owners benefitted by the improvements. PAGE 6 14. First Reading of Ordinance No. 137, 2007, Appropriating Unanticipated Revenue in the Natural Areas Fund and the Capital Projects Fund - Soapstone Prairie Public Improvements Capital Project to Be Used for the Design and Construction of Public hnprovements at Soapstone Prairie Natural Area. Soapstone Prairie Natural Area will be opened for public recreation in June 2009 in accordance with the recently adopted management plan. Prior to opening, the construction of public improvements is required. The improvements include: 9.5 miles of gravel access road; an entrance station; two gravel parking areas; interpretive features; picnic shelters and vault toilets; and over 30 miles of soft trails. Construction of the access road started in October and will be completed by spring 2008. Construction of the remaining improvements will start in the spring and be completed prior to June 2009. 15. First Reading of Ordinance No. 138, 2007, Authorizing the Appropriation of 2008 Fiscal Year Operating and Capital hnprovement Funds of the Fort Collins -Loveland Municipal Airport. The 2008 annual operating budget for the Airport totals $648,310, and will be funded from Airport operating revenues, contributions from the Cities of Fort Collins and Loveland, and interest earnings. This Ordinance appropriates the City of Fort Collins' contribution, which is a 50% share of the 2008 Airport budget and totals $324,150. This Ordinance also appropriates the City of Fort Collins' 50% share of capital funds, totaling $2,860,580 for the Airport from federal and state grants; passenger charges; contributions from Fort Collins and Loveland; and the Airport General Fund. The 2008 Airport capital funds, totaling $5,721,160, will be used to rehabilitate the Airport's primary runway 15/33 and cross -wind runway 6/24, repairing a portion of the t-hangar ramp area, and purchasing of two mowing machines. Rehabilitation of the primary runway will include reconstructing a portion of the north end of the runway, overlaying the remaining length of the runway with a five inch asphalt mat, replacement of existing runway lights, engineering design services, surveying, geotechnical services, and construction management services. Rehabilitation of the cross wind runway is being funded entirelyby the tenants in the Airport Industrial Park. 16. Resolution 2007-100 Makin Fg indings of Fact and Conclusions Pertaining to the Appeal by Representatives of the University Acres Neighborhood of the September 20, 2007, Determination of the Planning and Zoning Board to Annrove with Conditions the Poudre Valley Hospital Parking Structure and Medical Office Building Project Development Plan. On October 24, 2007, an Amended Notice of Appeal was filed regarding the September 20, 2007 decision of the Planning and Zoning Board to approve, with conditions, the Poudre Valley Hospital Parking Garage and Medical Office Building Project Development Plan. On November 6, 2007, City Council voted 5 — 2 to uphold the decision of the Planning and Zoning Board. In order to complete the record regarding this appeal, Council should adopt a Resolution making findings of fact and finalizing its decision on the Appeal. PAGE 7 17. Resolution 2007-101 Adopting the 2007 Update to the Three Mile Plan for the City offort Collins. This is a review of updates to the Three -Mile Plan for the City of Fort Collins. The Three - Mile Plan is a policy document that is required to ensure that the City complies with the regulations of the Colorado Revised Statutes. 18. Resolution 2007-102 Adopting the City's 2008 Legislative Policy Agenda. Each year the Legislative Review Committee (LRC) develops a legislative agenda to assist in the analysis of pending legislation. The proposed 2008 Legislative Policy Agenda has been updated from the 2007 document and was reviewed and approved by the Legislative Review Committee. The Legislative Policy Agenda will be used as a guide for the upcoming 2008 General Assembly and the second session of the 110th Congress. The purpose of the Legislative Policy Agenda is to articulate the City's position on common legislative topics. It will be applied by Councilmembers and staff to determine positions on pending legislation and as a general reference for state legislators and the congressional delegation. END CONSENT 19. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 20. Staff Reports. 21. Councilmember Reports. 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 8 22. Resolution 2007-103 Considering the Adoption of a Revised Holiday Display in Response to the Recommendations of the Holiday Display Task Force. ( 15 minute staff presentation - 90 minute discussion) The Holiday Display Task Force was appointed by the City Manager in early August 2007 for the purpose of reviewing the City's current Holiday Display Policy and recommending possible modifications to the policy. The Task Force met weekly to review the current policy, study applicable legal principles, research and discuss a number of alternatives, and consider the potential impact to the community of Fort Collins. The Task Force is recommending the current policy be replaced with a new policy that includes an educational display on or around the grounds of the Fort Collins Museum and changes the standards for Oak Street Plaza and the exterior and interior of all City buildings. The intent of these recommendations is not to minimize past traditions, but rather to create a festive, welcoming environment that reflects the variety of ways that citizens of Fort Collins celebrate the season. Following publication of the Task Force recommendations Council received a significant amount of citizen input. Based on citizen and Council member input, staff then prepared an additional version of the policy that includes some, but not all, of the Task Force recommendations. As a result, three options are presented for Council consideration. These three versions of the policy are: (a) The current policy (b) A revised policy ("Task Force Recommendations") that incorporates all of the Task Force recommendations, described in detail below (c) A revised policy ("Optional Version") that incorporates elements of both the existing policy and a portion of the Task Force recommendations. This version of the policy: • Retains most aspects of the current policy for Oak Street Plaza and the interior and exterior of City buildings • Adds an educational, multi -cultural display at the Museum • Adds the creation of artwork depicting the diversity of traditions in our community, which could then be displayed on and within City buildings and Oak Street Plaza. 23. Second Reading of Ordinance No. 118, 2007, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2008 and Adopting the Budget for the Fiscal Years BeginningJanuary 1, 2008 and Ending December 31, 2009, and Fixing the Mill Levy for Fiscal Year 2008. ( 5 minute staff presentation - 30 minute discussion) The Annual Appropriation Ordinance is presented for Second Reading. This Ordinance sets the City Budget for the two year period 2008-2009. The Ordinance is based on the City Manager's Recommended Budget, with several additions directed by City Council at its October 9, 2009 Work Session. The additional offers total $1,038,916 in one-time General PAGE 9 Fund expenditures and $124,148 (2009 costs) in on -going General Fund offers. If approved on Second Reading, these additions to the Recommended Budget would be funded through the use of an additional $477,715 in General Fund Reserves and an increase in revenue from the Sales and Use Tax Vendor Fee of $390,000 per year (on -going.) City Council unanimously adopted the Annual Appropriations Ordinance on First Reading on October 16, 2007. The Ordinance was accepted as published with one addition to provide an appropriation of $65,000 in 2008 for Nighttime Dial -a -Ride Service. This offer will be funded through the use of General Fund reserves. The revised Ordinance adjusts both the General Fund and the Transit Fund to implement this change. These additions use all of the total available funds, including one-time Reserves and on- going Vendor Fee revenue. On November 6, City Council adopted the proposed changes to the Vendor Fee on First Reading, with the Second Reading set to coincide with the Second Reading of the Appropriations Ordinance. Since the October 16 passage of this Ordinance on First Reading, the City has been notified by Larimer County that the City's share of Road and Bridge Levy revenue will be reduced by $560,490 in 2008 and $1,120,980 in 2009. This total revenue loss will equal $1,681,470 over the two year budget period. Staff does not recommend modifying the Appropriation Ordinance at this time, but will plan to update City Council on revenues and 2007 Year End resources in the first quarter 2008. At that time, adjustments to the 2008 or 2009 appropriations may be necessary. Another change to the Appropriations Ordinance since First Reading is moving an appropriation from the Natural Area Fund to the Capital Projects Fund to provide funding for a 2008 construction project at Soapstone Prairie. This $2 million transfer will be used for construction of improvements at Soapstone Prairie, including an entrance station, access roads, interpretive features and other public improvements. The $2 million transfer from the Natural Areas Fund will be appropriated in the Capital Projects Fund — Soapstone Prairie Natural Areas Capital Project. Accordingly, Ordinance No, 118, 2007, appropriating the 2008 budget, is increased by $2 million in the Capital Projects Fund on Second Reading to account for the appropriation needed for Soapstone Prairie Improvements. 24. Public Hearing and Resolution 2007-104 Approving the Programs and Projects That Will Receive Funds from the Federal Community Development Block Grant (CDBG) Program and Home Investment Partnership (HOME) Program Grants, and the City's Affordable HousingFund. und. ( 5 minute staff presentation - 15 minute discussion) The Resolution will complete the fall cycle of the competitive process for allocating City financial resources to affordable housing programs/projects and community development activities. PAGE 10 25. First Reading of Ordinance No. 139, 2007, Approving an Intergovernmental Agreement Between the Fort Collins Regional Library District, Larimer County_ and the City of Fort Collins. ( 15 minute staff presentation - 1 hour discussion) The Fort Collins Regional Library District (the District) was approved by the voters in November of 2006 and funded with three mills of property tax. The District Board of Trustees was selected and ratified by the Council and County Commissioners. The District, City and County entered into an Interim Intergovernmental Agreement in July of this year. Under the IGA the City continued to operate the libraries on behalf of the District and at District expense. The Interim IGA set a goal of transferring library operations to the District by January 1, 2008. The Trustees and the Council formed subcommittees to work through the details of the final IGA and the full Council and the Board of Trustees have spent considerable time formulating an agreement that best meets the needs of all parties and the community. The essential elements of the Final IGA include: • Transferring ownership of the Main Library and much of Library Park to the District. • Conveying the new Southeast Branch Library to the District upon completion. • Assigning all of the City's rights and obligations under the Harmony Library agreement with Front Range Community College to the District, with approval of the College. • Remitting the Building on Basics (BOB) library technology revenues to the District to be used for voter approved purposes. • Conveying to the District books, media materials, furnishings, technology, shelving and other personal property used by the City to provide library services. • City ownership of the Poudre Creamery Properties, unencumbered by Building Community Choices (BCC) restrictions. • Use of remaining 2007 library impact fees and earned interest for completion of the Southeast Branch Library. • Continuation of City library impact fees in 2008 at least until completion of the Southeast Branch Library and use of the 2008 fee revenues for completion of the branch library, if needed. • The City retains ownership of the Carnegie Building and parking area at Mathews and Olive. • Lease of buildings at Mountain and Howes to the District for library operations. • Availability of City support services (HR, accounting, payroll, risk management, purchasing, IT, facilities maintenance etc.) to the District at District expense. • Selection of future Trustees according to State law procedures (ratification by 2/3 majority of Council and County Commissioners.) • Transfer of library operations and of City library employees to District employment by December 31, 2007. PAGE 11 26. Second Reading of Ordinance No. 130, 2007, Amending Section 25-123(c) of the Cites Relating to the Vendor Fee for Collecting and Remitting Sales Tax. (no staff presentation - 5 minute discussion) This Ordinance, adopted on First Reading on November 6, 2007 by a vote of 6-1 (Nays: Brown), modifies the formula used to calculate the vendor fee for sales and use tax licensees. The proposed modification will result in $390,000 of ongoing additional revenue being available for General Fund uses. This change will not increase taxes or fees charged, but will lower the amount of City sales and use taxes that vendors are allowed to retain in exchange for the service they provide in collecting City taxes. Currently, vendors are allowed to retain 3% of sales and use taxes collected, up to a maximum of $90 per reporting period. Under the proposed fee, vendors will retain 1% of the tax, up to $45 per reporting period. 27. Pulled Consent Items. 28. Other Business. a. Motion to Adjourn to 6:00 p.m. on Tuesday, November 27, 2007 to continue the annual evaluations of the City Manager, City Attorney and Municipal Judge and to conduct any other business that may come before the Council. 29. Adjournment. Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no 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 the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. REGULAR MEETING AGENDA GENERAL IMPROVEMENT DISTRICT NO. 1 Doug Hutchinson, President Kelly Ohlson, District 5, Vice President Ben Manvel, District 1 Lisa Poppaw, District 2 Diggs Brown, District 3 Wade Troxell, District 4 David Roy, District 6 November 20, 2007 City Council Chambers City Hall West 300 LaPorte Avenue Fort Collins, Colorado Following the Regular Council Meeting Cablecast on City Cable Channel 14 on the Comcast cable system 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. Call Meeting to Order. 2. Roll Call. Consideration and Approval of the Minutes from the October 16, 2007 meeting. 4. Second Reading of Ordinance No. 054, Determining and Fixing the Mill Lew for the General Improvement District No. 1 for the Fiscal Year 2008; Directing the Secretary of the District to Certify Such Lew to the Board of County Commissioners of Larimer County; and Making the Fiscal Year 2008 Annual Appropriation. This Ordinance, unanimously adopted on First Reading on October 16, 2007, includes the annual appropriation for 2008 at $300,000. This item also sets the General Improvement District (the "GID") No. 1 mill levy, which will generate about $240,000 at 4.924 mills for fiscal year 2008. The mill levy for the GID has been unchanged since 1991. Other Business. 6. Adiournment.