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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 12/04/2007 - SUMMARY AGENDAREGULAR MEETING AGENDA Doug Hutchinson, Mayor Kelly Ohlson, District 5, Mayor Pro Tern Ben Manvel, District 1 Lisa Poppaw, District 2 Diggs Brown, District 3 Wade Troxell, District 4 David Roy, District 6 FORT COLLINS CITY COUNCIL December 4, 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 "Determination" as the Character Focus for December 2007. B. Proclamation Declaring December 10, 2007 as International Human Rights Day. PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. PAGE 2 3. 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 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 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. AGENDA REVIEW: CITY MANAGER 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. 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. 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 improvements at Soapstone Prairie Natural Area. This Ordinance, unanimously adopted on First Reading on November 20, 2007, appropriates revenue in the Natural Areas Fund and the Capital Projects Fund to be used for construction of the access road at Soapstone Prairie Natural Area which was started in October and will be completed by spring 2008. Funds being appropriated for this project will come from designated Natural Areas Program sales tax revenues. The funds budgeted in 2007, 2008 and 2009 are revenues from the Open Space Yes (City) 1/4 cent sales tax and Help Preserve Open Space (County) 1/4 cent sales tax. The unappropriated funds available in 2007 are revenues from the original 1/4 cent Natural Areas sales tax (collected from 1993-1997) and PAGE 3 from the Building Community Choices 1 /4 cent sales tax revenues designated for the Natural Areas Program (collected from 1998 to 2005). Funds Budgeted in 2007 $2,166 000 Unappropriated Funds Available in 2007 $ 800,000 Funds Budgeted in 2008 $2,000,000 Funds Budgeted in 2009 $ 134,000 Total Appropriation $5,100,000 Second Reading of Ordinance No.138, 2007 Authorizingthe he Appropriation of 2008 Fiscal Year Operating and Capital Improvement Funds of the Fort Collins -Loveland Municipal Airport. This Ordinance unanimously adopted on First Reading on November 20, 2007, appropriates the City's 50% share ($3,184,735) of the annual appropriation for the fiscal year 2008 Fort Collins -Loveland Municipal Airport (the "Airport") budget. The City of Loveland manages the Airport's budget and finances, but since the City of Fort Collins owns 50% of the Airport, it is necessary for the City to appropriate its 50% portion of the Airport budget. Second 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. 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. This Ordinance was unanimously adopted on First Reading on November 20, 2007 and approves the final IGA between the District, Larimer County and the City of Fort Collins. Changes to the IGA between First and Second Readings include: 1. Provision for Larimer County to take formal action to establish the District. 2. As Council requested, language was added specifying that the selection of new District Trustees would continue to be done by a committee of two Councilmembers and two County Commissioners. 3. Clarifying City library impact fee revenues will be used to complete the Southeast Branch Library project, the facility will be conveyed to the District upon completion and will be used by the District as a library. 4. Clarifying the Branch Library will be constructed according to current plans, with any reduction in value or quality requiring agreement of the City and the District. 5. Ensuring the District has input into the operational agreement between the City and Bayer Properties regarding the Branch Library. PAGE 4 Please note the Library District is in the process of reviewing the proposed changes to the IGA. The District or City staff will confirm the District's agreement with the changes, or highlight any unresolved issues prior to Council action on this item. There are also two changes to the Ordinance on Second Reading, shown in redline and strikeout. The first change clarifies that the conveyance of Library Park to the District would be with the restriction that it be used for library purposes, including possible expansion of the Main Library. The second change adds a new Council finding that the conveyance of Library Park to the District is in the best interests of the City, even if the District ultimately does not use the Park property for expansion of the Main Library. 9. First Reading of Ordinance No. 140, 2007, Appropriating Prior Year Reserves in the General Fund and Authorizing Transfer Between Funds for Asset Replacement This Ordinance provides appropriations from General Fund reserves to the Fleet Fund and Communications Fund to implement the new asset replacement programs for vehicles, facilities, and Information Technology needs. The funds are recommended to be appropriated from General Fund reserves. These funds were created through prior year budget savings and are intended to be used for Asset Replacement needs. It is recommended that $2,350,000 be appropriated to the Fleet Fund and $1,500,000 be appropriated to the Communications Fund. 10. First Reading of Ordinance No 141 2007 Appropriating Unanticipated Revenue in the City Sales and Use Tax Fund and Authorizing the Transfer of Appropriated Amounts Between Funds. This Ordinance increases total City 2007 appropriations by $2,667,000. Of that amount, this Ordinance increases General Fund 2007 estimated revenues by $2,000,000. This Ordinance also increases the estimated revenues for the Capital Projects Fund ($222,333), the Natural Areas Fund ($222,333), and the Transportation Fund ($222,334) due to greater than projected collections of the following dedicated sales and use taxes: 0.25 Building on Basics, 0.25 Open Space Yes, and 0.25 City Street Maintenance sales and use tax, respectively. This Ordinance only appropriates the transfer of the additional sales and use taxes from the Sales Tax Fund to the above funds. It does not increase appropriations within those related funds. These additional revenues will increase the reserves in the related funds as of year-end 2007. Appropriations for expenditure from the various fund balance reserves will be presented to City Council during the first quarter of 2008. 11. First Reading of Ordinance No. 142, 2007, Authorizine Leases of City Property at 200 West Mountain Avenue, Suite C. For Up To Five Years As Part of the Fort Collins Technology Incubator Program. The Fort Collins Technology Incubator (FCTI) nurtures high potential innovation -based companies in their formative stages to increase the probability they will survive and make a sustainable contribution to the economic health of the community. One of the services they offer to accomplish this goal is residence in an incubator facility which gives participants access to shared services, synergy with other startup businesses and below market lease rates. The City currently offers two facilities for this purpose at 200 West Mountain Avenue and PAGE 5 321 Maple Street. The currently defined FCTI residence program is a three-year lease with increasing lease rates each year. Due to the fact that not all companies reach the desired self- sustaining status within this three year window, FCTI would like to add the option of offering up to two additional 12-month extensions at the end of the initial three year period. The program would increase each year by $1/SF for any companies staying after the initial three year period, making the fourth year $10/SF and the fifth year $11 /SF. Staff recommends leasing 200 West Mountain Avenue, Suite C, to the FCTI and its client companies. Benefits to the City include: replacement of primary jobs lost over the past several years, increased economic robustness, especially in the downtown area, retention of the City's highly talented professional workforce, and an enhanced sales tax base. 12. First Reading of Ordinance No. 143, 2007, Approving the Terms of the City's Lease of 612 South College Avenue, Suite 22, Fort Collins. Colorado. In order for this portion of the property to become tax exempt, state law requires that the Council approve the terms of the lease by Ordinance. Since December 1992, the City has been leasing approximately 388 square feet of office space located at 612 South College Avenue, Suite 22, for the office of Dr. Dan Dworkin, Police Services psychologist. Both Dr. Dworkin and Police Services desire to continue leasing this office space. This lease extension shall be effective as of December 1, 2007 and expire November 30, 2008, with two 12-month lease extension options. Lease payments will include base rent and insurance. Base rent shall be $457 per month. Utilities charges are not included in the base rent and shall be 14.22% of the utilities statements for the property. Rent for the option period will be calculated by the Consumer Price Index. 13. First Reading of Ordinance No. 144, 2007, Authorizing the Lease of City -Owned Property at 212 LaPorte Avenue. Along with Related Parking Rights at 222 LaPorte Avenue, for up to Five Years. In July 2005, the Citypurchased the former Abraxis property at 212 LaPorte Avenue to allow for future City development. The property was leased back to Abraxis until March of this year while the new Abraxis facility was built. The City has no immediate use for the property. Staff recommends that the former Abraxis property, as well as the adjoining parking to the west at 222 LaPorte Avenue, be leased at current market rates, no less than $5.00 per sq ft annually, for a period of up to five years to offset maintenance expenses and generate revenue. 14. First Reading of Ordinance No. 145, 2007, Amending Section 2-575 of the City Code Relating to Councilmember Compensation. Article II, Section 3 of the City Charter provides that the compensation of Councilmembers shall be adjusted annually for inflation in accordance with the Denver/Boulder Consumer PAGE 6 Price hidex. In 2007, Councilmembers were compensated $630 per month, and the Mayor received $945 per month. This Ordinance amends Section 2-575 of the City Code to set the 2008 compensation of Councilmembers at $650 per month and the compensation of the Mayor at $970 per month, as required by the City Charter. 15. First Reading of Ordinance No. 150, 2007, Adopting the 2008 Classified Employees Pay Plan. The 2008 Pay Plan incorporates the new pay philosophy of establishing pay ranges by using the average actual salary data for benchmark positions to set the pay range mid -point. Data from the public and private sectors was used to determine the prevailing market rates for approximately 100 benchmark jobs. This Ordinance sets pay ranges, not specific salaries of individual employees. 16. Resolution 2007-105 Approving the Purchase of Digital Control Units for Residential Air Conditioning Electrical Load Control as an Exemption to the Competitive Process. In 1982, Utilities Light and Power began offering customers with electric water heaters a way to reduce their contribution to the distribution system electric demand during system peak usage times. Light and Power selected a system from Scientific Atlanta, Inc as the best option for needs at that time and dubbed the program Hot Shot. Today, Fort Collins Utilities has about 2,000 customers who have a Hot Shot Digital Control Unit (DCU) on their electric water heaters. The original Hot Shot load control devices operate on a proprietary communications protocol that assured accurate communications and avoided false operations from other radio frequency signals that could reach the customer premises. The technology developed and sold by Scientific Atlanta has since become the property of Comverge, Inc, and it continues to support the City's existing installed base of water heater DCUs. As residential air conditioning (AC) market saturation in Northern Colorado grew from less than 10% in the early 1980's to today's number of nearly 70%, according to Platte River Power Authority, summer peak electric demand has steadily increased with residential AC purchases. While population has increased about 60% in the last 10 years, electric peak demand has increased over 100%, largely as a result of air conditioning. In response to this trend, it is evident that controlling summer -season electric loads is necessary to move toward the City's Electric Energy Supply Policy goals. In 2007, a Utilities team recommended expansion of the water heater program to include air conditioning control. An air conditioning pilot study of 100 DCUs during the summer of 2007 proved the effectiveness of the air conditioning controllers as a method of reducing summer -season peak demands. Staff plans to add 500 units per year for the next two years. To implement an air conditioning load control program that also incorporates existing installed base of water heater DCUs, it will be necessary to use the Comverge system. The air conditioning control system will operate on the same Comverge control system as the Hot Shot water heater control program. The backbone of the control system is the recently - upgraded LMS (Load Management Software) program, which is a proprietary software PAGE 7 program used to control the DCUs. Comverge hardware also controls the transmitters in the electric substations, which send the signal to the DCUs. 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. 19. 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. 20. Public Hearing and Resolution 2007-104 Approving the Programs and Projects That Will Receive Funds from the Federal Communi1yDevelopment Block Grant (CDBG) Program and Home Investment Partnership (HOME) Program Grants, and the City's Affordable Housing Fund. ( 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 8 21. Resolution 2007-106 Accepting the I-25/SH 392 Interchange Improvement Plan,• Approving an Agreement Among the Town of Windsor, the City of Fort Collins. and Metro Acquisitions. LLC: and Approving an Intergovernmental Agreement Among the Colorado Department of Transportation. Town of Windsor, and City of Fort Collins. (15 minute staff presentation - 1 hour discussion) The I-25/SH 392 Interchange Improvement Plan (Plan) represents a joint plan between the City of Fort Collins and the Town of Windsor as directed by the Intergovernmental Agreement established in 2006. Rather than pursue a more traditional planning process including establishing a vision, goals and policy directives, this Plan provides a clear framework and direction to follow quickly by implementation. As a result, the Plan reflects a unique process with a focus on strategic implementation actions and identification of critical next steps to achieve the primary goal to fund and reconstruct the interchange. The key elements of the Plan include interchange design, west frontage road alignment, natural area buffers and funding scenarios. All will require additional discussions, refinement and coordination prior to finalization, as part of on -going implementation efforts. 22. Items Relating to the East Skyway Rezoning, (15 minute staff presentation - 1 hour discussion) A. Resolution 2007-107 Amending the City's Structure Plan Map Pertaining to Land along Skyway Drive East of College Avenue. B. Hearing and First Reading of Ordinance No. 146, 2007, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the East Skyway Rezoning. This area was annexed into the City as part of Phase I of the Southwest Enclave Annexation in April, 2007, under a Structure Plan designation of Urban Estate (U-E). The original intent of designating U-E for these properties was to acknowledge the existing large -lot County parcels zoned Fanning in the County; U-E is the City's zoning that is most similar to the County's zoning. Staff has since considered the situation along this part of East Skyway in much more detail, in extensive discussions with owners, neighbors, and the County. These discussions have been prompted by issues related to an existing business at 209 East Skyway and by the recent annexation process in 2007. Staff finds that the properties along Skyway do not reflect the character of the Farming or Urban Estate designations, but bear closer resemblance to both the commercial uses in the area and the existing residential neighborhood (which is more dense than Urban Estate) to the north and east. As a result of the long history of discussions centering on 209 East Skyway, staff is recommending Council consider these changes now, rather than delay a decision further and include this item as part of the South College Corridor Plan process (Planning and Zoning Board recommendation), anticipated to be completed at the end of 2008. PAGE 9 23. Resolution 2007-108 Expressing Council's Opposition to the Mining of Uranium in the Vicinity of Nunn. Colorado. (30 minute discussion) Members of the City Council asked that a resolution be prepared to express the Council's opposition to uranium mining in Northern Colorado. 24. First Readine of Ordinance No. 147, 2007, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. (no staff presentation - 10 minute discussion) This Ordinance establishes the 2008 salary of the Municipal Judge. Article VII, Section 1 of the Charter provides that the Municipal Judge is to be appointed for a term of two years. Kathleen M. Lane was first appointed to serve as the City's Municipal Judge effective July 1, 1989. Resolution 2006-127 reappointed Judge Lane for another two- year term ending on December 31, 2008. 25. First Reading of Ordinance No. 148, 2007, Amending Section 2-581 of the City Code and Settinn the Salary of the City Attorney. (no staff presentation - 10 minute discussion) City Council met in Executive Session on November 13 and November 27, 2007 to conduct the performance review of City Attorney Steve Roy. Ordinance No. 148, 2007, establishes the 2008 salary of the City Attorney. 26. First Reading of Ordinance No. 149, 2007, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. (no staff presentation - 10 minute discussion) City Council met in Executive Session on November 13 and November 27, 2007 to conduct the performance appraisal of City Manager Darin Atteberry. Ordinance No. 149, 2007, establishes the salary of the City Manager. 27. Pulled Consent Items. 28. Other Business. 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.