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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/07/2012 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JDATE: February 7, 2012 STAFF: Wanda Krajicek AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 6 SUBJECT Consideration and Approval of the Minutes of the January 17, 2012 Regular Meeting. January 17, 2012 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 17, 2012, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Horak, Kottwitz, Manvel, Ohlson, Poppaw, Troxell and Weikunat. Staff Members Present: Atteberry, Krajicek, Roy. Agenda Review City Manager Atteberry stated there were no changes to the published agenda. Citizen Participation Eric Sutherland, 3520 Golden Currant, opposed the payment in-lieu of lands fees for Poudre School District. Gary Peterson, Fort Collins resident, supported medical marijuana availability and discussed cannabis research results. Don Willson, 950 Southridge Greens, Hearing Loss Chapter of Northern Colorado Coordinator, thanked Council for its endorsement of his proposal to install hearing loops in the Chamber and discussed the technology involved in the installation. He noted the hearing loops were installed earlier this month and are now active. Cheryl Distaso, 135 Sunset, Fort Collins Community Action Network, supported the formation of a task force regarding future neighborhood relocation due to development. She announced a community forum regarding the issue to be held Saturday, January 28th. Kati Anderson, 7669 Vantage View Drive, discussed mobile gourmet food trucks and requested new City regulations addressing the mobile food truck industry. Matt Kenfield, 7669 Vantage View Drive, discussed mobile food truck regulations in other cities and requested that mobile food trucks be able to operate during late night hours in Old Town, in office parks, and on property of other businesses. Ryan Martin, co-owner of a Pan-Asian cuisine food truck, supported the formation of mobile food truck regulations. Jessica Lau, co-owner of a Pan-Asian cuisine food truck, supported the mobile food truck concept. 233 January 17, 2012 Citizen Participation Follow-up Mayor Weitkunat stated the City is currently in the process of evaluating the City Code to provide the licensing and permitting necessary for outdoor mobile food vendors. Pete Wray, City Planner, is the lead staff member on the project and a work session on the topic is scheduled in April. Karen Cumbo, Director of Planning, Development, and Transportation Services, stated the City’s website contains a page for community input regarding the issue. Mayor Pro Tem Ohlson stated he requested information on the issue 15 months ago. Cumbo replied there had been discussions on the topic during the annual Land Use Code amendments in early 2010; however, action was postponed until September 2011. Councilmember Kottwitz supported the mobile food truck concept and the formation of appropriate regulations. She thanked Mr. Willson and the Commission on Disabilities for work on the hearing loop installation and asked about progress on installation at the Lincoln Center and other City facilities and businesses within the City. Marty Heffernan, Director of Community Services, stated funding issues have prevented the installation at the Lincoln Center; however, fundraising efforts are now underway. Councilmember Troxell expressed appreciation for the mobile food truck regulation process and supported the economic and “uniquely Fort Collins” benefits of the industry. He thanked Mr. Willson for his efforts regarding the hearing loop installation. Councilmember Horak asked if the entire Lincoln Center will be outfitted with the hearing loop technology. Heffernan replied he will provide information on the extent of the installation. Councilmember Horak supported the installation of the technology in all new City facilities as well as retrofits for existing facilities. Wendy Williams, Assistant City Manager, agreed with Councilmember Horak. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the December 20, 2011 and January 3, 2012 Regular Meetings and the December 13, 2011 and January 10, 2012 Adjourned Meetings. 7. Second Reading of Ordinance No. 001, 2012, Appropriating General Fund Reserves for Additional City Contribution to the Poudre Fire Authority Budget for the Year 2012 for Operations and Maintenance. This Ordinance, unanimously adopted on First Reading on January 3, 2012, outlines the contribution from the City of Fort Collins to the Poudre Fire Authority for the Southwest Enclave Annexation in the amount of $158,009 to contribute funding for operating and maintenance of the Poudre Fire Authority. 234 January 17, 2012 8. Second Reading of Ordinance No. 002, 2012, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. The City has received a grant in the amount of $30,000 from the Eighth Judicial District Victim Assistance and Law Enforcement Board to help fund victim services activities. This Ordinance, unanimously adopted on First Reading on January 3, 2012, appropriates the grant funds. No cash match is required. 9. Second Reading of Ordinance No. 003, 2012, Appropriating Prior Year Reserves in the Transportation Services Fund for the Construction of the East Harmony Road Maintenance Improvements - College Avenue to Timberline Road. The East Harmony Road Maintenance Improvements Project will provide congestion relief and rehabilitate the pavement on East Harmony Road from College Avenue to Timberline Road by completing the following major work items: turn lane construction, utility relocations, asphalt overlay and restriping. Council approved this Project as part of the 2011/2012 Budgeting for Outcomes process. $2.4 million was allocated from the Harmony Maintenance Fund for the 2011 calendar year. A portion of this money was spent in 2011 on maintenance, operations and engineering design. This Ordinance, unanimously adopted on First Reading on January 3, 2012, appropriates the remaining $2,182,287 to the 2012 calendar year to be used for construction. 10. Second Reading of Ordinance No. 004, 2012, Amending Section 14-72(b)(6) of the City Code to Correct an Error in the Procedures for Review of Applications for Demolition or Relocation of Historic Structures. This Ordinance, unanimously adopted on First Reading on January 3, 2012, amends Section 14-72(b)(6) of the City Code to correct an error regarding a citation cross-reference to requirements for the final Landmark Preservation Commission hearing needed in the event that the Landmark Preservation Commission fails to make a decision within 60 days of the submittal of these requirements. As the City Code currently stands, this error requires the Landmark Preservation Commission to make a decision regarding a historic structure demolition application upon the submittal of only one part of a submittal requirement outlined in 14-72(2)(b). This amendment corrects the error and requires the Landmark Preservation Commission to make a decision pursuant to fulfillment of all the submittal requirements. 11. First Reading of Ordinance No. 005, 2012, Amending Chapter 27 of the City Code to Modify the Requirements for Arborist Licenses, Designate Additional Violations of Chapter 27 as Civil Infractions, and Make Updates. Section 27-34 of the City Code requires businesses that wish to apply pesticides to trees for commercial gain or profit to have a City arborist license. The Colorado Department of Agriculture has conducted a review of the City Code provisions and Forestry policies related to the regulation of pesticides and pesticide application and notified the City Forester of its 235 January 17, 2012 conclusion that this requirement conflicts with state statutes regarding the regulation of pesticide applicators. The proposed change to Chapter 27 would remove this conflict. The other proposed changes to Chapter 27 are: (1) decriminalizing most violations of Chapter 27 by making every violation of Chapter 27 a civil infraction instead of a misdemeanor with the exception of those pertaining to arborist licenses; and (2) updating a position title and cross references, and removing unnecessary detail regarding department structure. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 7. Second Reading of Ordinance No. 001, 2012, Appropriating General Fund Reserves for Additional City Contribution to the Poudre Fire Authority Budget for the Year 2012 for Operations and Maintenance. 8. Second Reading of Ordinance No. 002, 2012, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. 9. Second Reading of Ordinance No. 003, 2012, Appropriating Prior Year Reserves in the Transportation Services Fund for the Construction of the East Harmony Road Maintenance Improvements - College Avenue to Timberline Road. 10. Second Reading of Ordinance No. 004, 2012, Amending Section 14-72(b)(6) of the City Code to Correct an Error in the Procedures for Review of Applications for Demolition or Relocation of Historic Structures. 16. Second 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. Ordinances on First Reading were read by title by City Clerk Krajicek. 11. First Reading of Ordinance No. 005, 2012, Amending Chapter 27 of the City Code to Modify the Requirements for Arborist Licenses, Designate Additional Violations of Chapter 27 as Civil Infractions, and Make Updates. Councilmember Horak made a motion, seconded by Councilmember Manvel, to adopt and approve the Consent Calendar. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. 236 January 17, 2012 Councilmember Reports Councilmember Horak requested information on the funding assistance to be provided by Larimer County for the Bender Mobile Home Park residents through the Community Foundation. City Manager Atteberry stated the information will be forthcoming. 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, Adopted on Second Reading The following is staff’s memorandum for this item. “EXECUTIVE SUMMARY 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 Colorado State University Research Foundation’s (CSURF) 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 is necessary to accommodate these changes. This Ordinance, authorizing a new lease, was unanimously adopted on First Reading on December 20, 2011 (6-0, Troxell withdrew due to a conflict of interest). Second Reading of Ordinance No. 183, 2011, was postponed from January 3 to January 17, 2012, since Council expressed concern with portions of the Lease on First Reading. Staff has met with CSURF to discuss the reduction of items in the River Buffer Zone and the proposed improvements for the access drive to the east door of the existing building. New language for the Lease Agreement is being drafted and CSURF is working on new exhibits showing suggested changes to the access drive. This information will be provided to Council by January 17.” Councilmember Troxell withdrew from the discussion 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, due to a conflict of interest. Bruce Hendee, Chief Sustainability Officer, introduced the item. Ken Mannon, Operations Services Director, discussed the changes made to the Ordinance since First Reading. Those changes include altering the language to require CSURF to commence construction of the building within five years or the lease reverts back to a 10-year lease. Additionally, if the building does not have a certificate of occupancy within eight years, the lease reverts back to a 10- year term. Mannon discussed the river buffer requirements and necessary removal of equipment. He stated Dr. Willson of the Engines and Energy Conversions Lab has requested that the removal of the pavement within the buffer be delayed until after the building construction is complete in order to use the area to stage part of the construction project. 237 January 17, 2012 Dr. Bryan Willson, Engines and Energy Conversions Lab, requested the ability to maintain the parking lot as a staging area for construction and delay its removal until the completion of the construction. Mayor Weitkunat asked if maintaining the parking lot throughout construction is written into the lease or if that would be an amendment. Mannon replied the lease is currently written that all equipment and the parking lot need to be removed and the ground planted with native grasses by June 30, 2012; therefore an amendment would be required to change the lease. Mayor Pro Tem Ohlson asked about the number of years after which the buffer would be required to be restored. Hendee replied the lease has the intent of requiring CSURF to return the buffer zone to a native state; however, the Attorney’s Office is working on exact wording. City Attorney Roy stated that, although this is Second Reading, having the wording of the agreement finalized is not as critical as having the wording of an Ordinance or Code provision finalized. Section 2 of the Ordinance allows for changes in the substance or form of the agreement based upon direction from Council. Mayor Pro Tem Ohlson asked if the terms of the lease could be superseded by a major restoration project of the Poudre River, in terms of restoration of the buffer zone. Hendee replied he would be concerned that CSURF’s construction could potentially damage any earlier restoration projects. Mayor Pro Tem Ohlson asked Dr. Willson to respond to the issue. Dr. Willson replied the removal of the utilities could be done earlier if necessary. Councilmember Manvel asked what funds would be used to deconstruct the existing building. Mannon replied funds are available in the Operations Services budget. Mayor Pro Tem Ohlson asked about the proposed concrete materials. Bob Hosanna, Neenan Company, replied the concrete would be colored and scored in a designed pattern. Mayor Pro Tem Ohlson asked if the trail will be relocated farther from the river. Hendee replied that is the intent and will be shown on the final entitlement drawings for review. Mayor Pro Tem Ohlson requested legal input regarding the amendments. Ingrid Decker, Senior Assistant City Attorney, replied the agreement will require the removal of the Solix facilities but will allow the asphalt parking lot to remain until the completion of the construction project, at which time it will be removed and landscaped. However, if the construction project does not go forward within five years, CSURF will be required to remove the parking lot and restore the area to native grasses or appropriate landscaping. Additionally, should the City begin its own restoration project within the Poudre River buffer within the five years, CSURF will be required to remove the 20% of the utilities as part of the restoration project. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 183, 2011, on Second Reading. 238 January 17, 2012 Councilmember Manvel supported the project and the Engines Lab. Councilmember Horak supported the project. Mayor Pro Tem Ohlson supported the project. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and Horak. Nays: none. THE MOTION CARRIED. Other Business Mayor Weitkunat stated Council must propose specific amendments to boards and commissions work plans at this meeting should it wish to make any changes. Mayor Weitkunat suggested the Human Relations Commission collaborate and coordinate, and perhaps consolidate, with some similar boards, particularly the Youth Advisory Board and the Women’s Commission, given some duality in purpose. Council agreed and a resolution modifying the Human Relations Commission work plan will be presented at the February 7, 2012 meeting. Motion Concerning a Conflict of Interest Complaint Mayor Weitkunat stated the City Clerk’s Office received a conflict of interest complaint on Friday, January 13. The City Code requires that the complaint be placed on tonight’s meeting agenda and that the Council, upon receiving the complaint, must decide whether to submit the complaint to the Ethics Review Board for an advisory opinion as to whether an ethical violation has occurred and, if so, recommend the action, if any, that should be taken with regard to the violation. However, the City Code also states that the Council should not take any formal action at its meetings on items that have not been the subject of public notice unless the Council first finds, by majority vote, that postponing the item to a subsequent meeting would be contrary to the public interest. Mayor Weitkunat requested a motion on the item. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to continue the item to the next Council meeting on February 7, 2012. Yeas: Weitkunat, Manvel, Ohlson, Kottwitz, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Troxell requested that the City Manager explain the City’s plan and process for Section 108 federal financing. City Manager Atteberry replied he would explain the plan at a later date. Mayor Pro Tem Ohlson thanked staff for the exhibits on the Power Plant. 239 January 17, 2012 Executive Session Authorized Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Manvel, that City Council go into Executive Session for two purposes: (1) to confer with the City Attorney and other affected members of City staff regarding potential litigation involving the City, as permitted under City Code Section 2-31(A)(2); and (2) to discuss the performance and proposed compensation and benefits of the City Attorney as permitted under City Code Section 2-31(A)(1)(a). Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. (**Secretary’s note: Council went into executive session at 7:35 and reconvened at 9:45 p.m.) Adjournment The meeting adjourned at 9:45 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk 240