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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 04/03/2012 - SUMMARY AGENDAKaren Weitkunat, Mayor Kelly Ohlson, District 5, Mayor Pro Tem Council Chambers Ben Manvel, District 1 City Hall West Lisa Poppaw, District 2 300 LaPorte Avenue Aislinn Kottwitz, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Gerry Horak, District 6 on the Comcast cable system Darin Atteberry, City Manager Steve Roy, City Attorney Rita Harris, Interim City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Assisted hearing devices are available to the public for Council meetings. Please call 221-6515 (TDD 224-6001) for assistance. REGULAR MEETING April 3, 2012 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring April 2012 as Fair Housing Month. B. Proclamation Declaring April 2012 as Local Music Appreciation Month. C. Proclamation Declaring April 2012 as Month of the Young Child. 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. 21) N Citizen opportunity to pull Consent Calendar items. (will be considered under Item. No. 23) 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 17. This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. The Consent Calendar consists of: ! Ordinance on First Reading that are routine ! Ordinances on Second Reading that are routine ! Those of no perceived controversy ! Routine administrative actions. Individuals who wish to make comments regarding items remaining on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual. ! State your name and address for the record. ! Applause, outbursts or other demonstrations by the audience are not allowed ! Keep comments brief; if available, provide a written copy of statement to City Clerk Page 3 6. Second Reading of Ordinance No. 023, 2012, Amending Chapter 7 of the City Code Relating to Redistricting. The City Charter requires the method used to adjust City Council district boundaries be based upon the number of people residing in each district. The City Code requires the City Clerk to recommend any district boundary changes necessary to ensure there is no more than a ten percent deviation between the most populous and least populous District no less than one year after the official decennial publication of the United States Census concerning the population of Fort Collins. The timing of the City Clerk’s recommendation has proved problematic as City staff has recently received information evidencing significant revisions to county voting precincts so that some City Council districts no longer consist of contiguous, undivided general election precincts as required by the City Charter. The City Clerk’s office and other City staff have found it difficult to meet the one year time frame, due to these revisions to county precincts. This Ordinance, unanimously adopted on First Reading on March 20, 2012, will amend the redistricting provisions to require the City Clerk to begin the process to determine if District boundary adjustments may be needed, rather than to make a recommendation to Council, within eighteen months following publication of the census data. 7. Second Reading of Ordinance No. 024, 2012, Authorizing the Conveyance of a Non-Exclusive Easement on Portions of Archery Range Natural Area to Boxelder Sanitation District. This Ordinance, unanimously adopted on First Reading on March 20, 2012, authorizes conveyance of a non-exclusive permanent easement to Boxelder Sanitation District to install rock rip rap armoring along the north bank of the Cache la Poudre River within the Archery Range Natural Area. The river bank armoring is being installed to protect the Boxelder Wastewater Treatment Facility from further flood damage. 8. First Reading of Ordinance No. 025, 2012, Appropriating Prior Year Reserves. City Council authorized expenditures in 2011 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2011 because: • there was not sufficient time to complete bidding in 2011 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies • the project for which the dollars were originally appropriated by Council could not be completed during 2011 and reappropriation of those dollars is necessary for completion of the project in 2012 • to carry on programs, services, and facility improvements in 2012 with unspent dollars previously appropriated in 2011 In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2011 and reflect no change in Council policies. 9. First Reading of Ordinance No. 026, 2012, Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2012 Adopted City Budget. Prior to 2004, the Natural Areas Program was housed within the Capital Projects Fund; therefore, funds did not lapse from year to year. During 2004, in order to comply with the Governmental Accounting Standards Board, Natural Areas appropriations and the dedicated funding sources were moved into the Natural Areas Fund, a lapsing fund. Any unspent funds and excess revenue lapses into fund reserves at year-end. These reserves then need to be appropriated into the following year’s budget to use the funds for their intended purpose. The purpose of these appropriations is land conservation, construction of public improvements, restoration of wildlife habitat and other natural area program needs to benefit the citizens of Fort Collins. Page 4 10. First Reading of Ordinance No. 027, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Exhibits Project. This Ordinance appropriates Non-Profit Partner revenue of $225,000 into the Museum Exhibit Capital Project. 11. First Reading of Ordinance No. 028, 2012, Appropriating General Fund Reserves for the Purpose of Rebating Use Tax to Hewlett Packard Company in Support of the Building 6 Annex Expansion in Accordance with Resolution 2010-029. This Ordinance appropriates $241,193 of General Revenue Funds for a Use Tax rebate approved by City Council on May 18, 2010 (Resolution 2010-029; Vote: 4-1; Nays: Ohlson; Abstain: Poppaw; Absent: Kottwitz). The Resolution approved an agreement between the City and Hewlett Packard Company to provide Business Investment Assistance for the Building 6 Annex Expansion. The additional operations created approximately 100 jobs with an annual average wage of $90,000. The City’s assistance included both a one time use tax rebate and a personal property tax rebate on lab equipment for a total value of $1.6 million. This Ordinance appropriates $241,193 in use tax rebate, which is substantially less that the maximum rebate approved of $600,000. 12. First Reading of Ordinance No. 029, 2012, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease-Purchase of Vehicles and Equipment and Appropriating the Amount Needed for Such Purpose. The cost of the items to be lease-purchased is $1,579,444. Payments at the 2.15% interest rate will not exceed $167,010 in 2012. Money for 2012 lease-purchase payments is included in the 2012 budget. The effect of the debt position for the purpose of financial rating of the City will be to raise the total City debt by 1.03%. A competitive process was used to select Pinnacle Public Finance for this lease. Staff believes acceptance of this lease rate is in the City's best interest. 13. First Reading of Ordinance No. 030, 2012, Amending Chapters 2 Through 27 of the City Code to Update Terminology and Titles Used in Various Code Provisions and to Eliminate Outdated References. Over the years, portions of the City Code have not kept pace with the changing City organizational titles and department names that are included in the Code. Changes in the titles of individuals who have responsibilities outlined in the Code, as well as various department names have changed, but not been reflected in relevant Code sections. This Ordinance makes these housekeeping changes. No substantive changes are included in the Ordinance. In addition, certain terminology used in the Code, such as the term “boarding house,” is no longer consistent with corresponding references in other portions of the Code. These terms are updated in the Ordinance. 14. First Reading of Ordinance No. 031, 2012, Authorizing Amendments to a Conservation Easement Held by the City on the Hansen Property. In July 2011, the First National Bank of Omaha foreclosed on Parcel II (south parcel) of the Hansen Ranch property, on which the City of Fort Collins Natural Areas Department (NAD) holds a conservation easement (CE). NAD also holds a conservation easement on Parcel I (north parcel). Once the Bank took possession of Parcel II, Ric and Myrna Hansen, who reside on Parcel I, denied the Bank access through the existing driveway that bisects their parcel and serves as the only access to Parcel II. This amendment to the easement grants permission for a driveway to be constructed to access Parcel II, while allowing the NAD to make needed corrections and updates to the easement deed. In return, the development right for a secondary residence on the Parcel II will be extinguished. The City will also take this opportunity to amend language in the CE to increase its oversight and enforcement capability on the CE and update some of the terms of the CE. Page 5 15. First Reading of Ordinance No. 032, 2012, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the North College Avenue Roadway Improvement Project - Vine to Conifer. The North College Avenue Improvement Project – Vine to Conifer (the “Project”) is a road improvement project that extends from Vine Drive on the south to the intersection of Hickory Street on the north. In 2010, City Council passed Ordinance No. 085, 2010, authorizing the use of eminent domain proceedings to acquire the necessary property interests for the Project. All property interests were secured for construction to move forward. While relocating existing utilities for the upcoming road work, City staff determined that additional right of way area containing approximately .011 acres is needed on one parcel to accommodate a realignment of a planned pedestrian bridge. City staff has contacted the affected property owner who is open to working with the City on the new acquisition. Since the Project is located on a Colorado Department of Transportation (“CDOT”) facility (State Highway 287) and the Project is partially funded by CDOT, this acquisition must follow the same eminent domain procedures used in the previous acquisitions for the Project. It is required that City staff obtain authorization to use eminent domain proceedings for this additional acquisition since it was not included in Ordinance No. 085, 2010. 16. Items Relating to State Grants for the Fort Collins-Loveland Municipal Airport. A. Resolution 2012-021 Authorizing the City Manager to Execute a Grant Agreement (CDAG #12-FNL-01) with the Colorado Department of Transportation (Colorado Aeronautical Board) for the Funding of Equipment and Improvements Pertaining to the Fort Collins-Loveland Municipal Airport. B. Resolution 2012-022 Authorizing the City Manager to Execute a Grant Agreement (CDAG #12-FNL-I01) with the Colorado Department of Transportation (Colorado Aeronautical Board) for the Funding of an Intern Position Pertaining to the Fort Collins-Loveland Municipal Airport. Resolution 2012-021 authorizes the City Manager to execute a grant agreement from the State of Colorado, Division of Aeronautics for funds in the amount of $400,000. This State Aviation Discretionary Grant will be used to match the FAA 2012 Entitlement Grant for Design Services for the capital construction project that will be completed in 2013 and an additional Snow Removal Equipment, a Utilities Master Plan, a Runway Weather Instrument System and an Airport Service Vehicle. Resolution 2012-022 authorizes the City Manager to execute a grant agreement from the State of Colorado, Division of Aeronautics for funds in the amount of $14,560. This second State grant will fund 50% of the Airport’s Intern Program for 12 months. 17. Routine Easement. Easement Deed and Agreement for Sanitary Sewer Line from Hyde Living Trust, to grant a sanitary sewer easement at no cost to the City for the purpose of a new City-owned sanitary sewer line that will serve three nearby residences, located at 2500 North Overland Trail. END CONSENT 18. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. Page 6 19. Staff Reports. a. Presentation of the “Storm Ready Community” Award by the National Weather Service. 20. Councilmember Reports. 21. 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. 22. Consideration of the Appeal of the Planning and Zoning Board’s February 16, 2012 Denial of Two Stand-Alone Modifications Concerning the Proposed Carriage House Apartments Located at 1305- 1319 South Shields Street. (staff: Levingston, McWilliams; 15 minute staff presentation, 2 hour discussion) In January 2012, Charles A. Bailey, Catamount Properties, Ltd (Appellant) submitted two stand-alone modification of standard requests: one relating to the general standard in Section 3.4.7(B) of the Land Use Code (LUC) regarding the preservation of structures deemed individually eligible for local landmark designation; and one for the demolition of an individually eligible structure (Section 3.4.7(E)). The Appellant requested to redevelop the properties located at 1305 and 1319 South Shields Street by demolishing two existing single family residences and associated outbuildings and constructing five multi-family buildings with approximately ten units per building. On February 16, 2012, the Planning and Zoning Board considered two Stand-Alone Modification of Standard requests to Section 3.4.7(B) and 3.4.7(E). After testimony from the applicant, the public and staff, the Planning and Zoning Board unanimously denied (6-0) the two modification of standard requests. On March 1, 2012, the Appellant filed a Notice of Appeal with the City Clerk’s Office, seeking redress of the action of the Planning and Zoning Board. The Appellant alleges that the Planning and Zoning Board failed to conduct a fair hearing because it considered evidence that was substantially false and grossly misleading and the Board failed to properly interpret the relevant provisions of the Land Use Code when denying the two stand-alone modification of standard requests. Page 7 23. Consideration of Citizen-Pulled Consent Items. 24. Other Business. 25. 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.