Loading...
HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 11/15/2011 - 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 November 15, 2011 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring November 25, 2011 as “Plaid Friday - Shop Local for the Holidays”. B. Proclamation Declaring November as Native American Month. C. Proclamation Declaring November as National Alzheimer’s Awareness Month. Regular Meeting 6:00 p.m. Flag Ceremony presented by Den 7 Cub Scouts from Pack 12 PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. Page 2 3. AGENDA REVIEW: CITY MANAGER 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 24. 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 be “pulled” off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Item No. 33, Pulled Consent Items. 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. 6. Consideration and Approval of the Minutes of the October 18 and November 1, 2011, Regular Meetings. 7. Second Reading of Ordinance No. 145, 2011, Appropriating Unanticipated Grant Revenue in the Cultural Services and Facilities Fund for the Planning and Design of an Art Incubator Proposed for the Carnegie Building. This Ordinance, unanimously adopted on First Reading on November 1, 2011, appropriates unanticipated grant revenue of $100,000 from the National Endowment for the Arts (NEA) “Our Town” grant program in the Cultural Services Fund. The Cultural Services Department and the non-profit Beet Street collaborated on the grant as required by the NEA. The grant provides funding for the design and planning of a proposed art incubator to be housed in the Carnegie Building in late 2012. 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 are not allowed ! Keep comments brief; if available, provide a written copy of statement to City Clerk Page 3 8. Second Reading of Ordinance No. 146, 2011, Appropriating Unanticipated Revenue in the Capital Projects Fund, Mason Corridor Project for the Purchase of One Rapid Transit Bus. The MAX BRT project is a five mile; primarily fixed guideway located about one block to the west of College Avenue. The BRT includes seven park-n-ride lots, eight BRT stations with pedestrian and bicycle access, eight BRT curb-side stops, a transit center at the southern and northern termini, and off-line upgrades to an existing transit maintenance facility to provide MAX BRT service. Six exclusive BRT buses will be acquired and added to the existing City bus fleet in order to provide MAX BRT services. All six buses will be new bus purchases, and will replace older buses beyond their useful life. The six BRT buses will be purchased at the same time, once the Project Construction Grant Agreement (PCGA) has been executed in March 2012. The one BRT bus funded by this grant will be purchased at the same time as the other five BRT vehicles. Three BRT vehicles are funded through CDOT grants (SB-1, FASTER), while the other three are funded through the federal Small Starts grant. This Ordinance, unanimously adopted on First Reading on November 1, 2011, appropriates the grant funds received from CDOT. Ordinance No. 146, 2011, has been amended on Second Reading. The provision of the local match for the FASTER project contract (Resolution 2011-096) is being met from existing appropriations in the Capital Projects Fund, Mason Corridor project accounts. As a result, Transfort does not require the appropriation of $350,000 in local match from the Transit Capital Reserve Fund, as originally outlined in the First Reading Agenda Item Summary. 9. Second Reading of Ordinance No.147, 2011, Authorizing the Purchasing Agent to Enter into an Amendment and Extension of the Golf Professional Services Agreement for Collindale Golf Course for up to Five Additional Years. This Ordinance, unanimously adopted on First Reading on November 1, 2011, authorizes the extension of the existing Agreement with Collindale Golf Course contractual Golf Professional, Dale Smigelsky, PGA, which expires on December 31, 2011. The existing five-year Agreement was entered into on January 1, 2006, with Jim Greer, and was assumed by Dale Smigelsky on January 1, 2009. From 2001 through 2008, Mr. Smigelsky was the Golf Professional at SouthRidge Golf Course. Mr. Smigelsky assumed Jim Greer’s contract as the Head Professional at Collindale on January 1, 2009. The performance of Mr. Smigelsky has been very satisfactory during the term, and staff has negotiated a mutually acceptable extension to the Agreement. 10. Second Reading of Ordinance No. 148, 2011, Authorizing the Purchasing Agent to Enter into an Extension of the Restaurant/Snack Bar Concession Agreement at Southridge Golf Course for up to Five Additional Years. The existing Agreement with the SouthRidge Golf Course restaurant/snack bar concessionaire, the Sandtrap, Inc., dba Mackenzie's Pub & Grill at SouthRidge, expires on December 31, 2011. This Ordinance, unanimously adopted on First Reading on November 1, 2011, extends the Agreement. The performance of the concessionaire, Mr. Rob Dahl, has been very satisfactory during the term, and staff has negotiated a mutually acceptable extension to the Agreement for the year 2012 with annual renewal options for the years 2013 through 2016, or a potential total term of ten years. 11. Second Reading of Ordinance No. 149, 2011, Amending Chapter 2 of the City Code to Add a New Section 2-506 Establishing a New Service Area to Be Known as Sustainability Services. The City Manager and executive leadership team continue to examine and consider ways to enhance the efficiency and effectiveness of the City organization. The City Manager has decided to implement some changes to the City’s internal organizational structure. These changes impact existing service areas which necessitates updates to related provisions of the City Code. This Ordinance, unanimously adopted on First Reading on November 1, 2011, establishes Sustainability Services as a Service Area. On Second Reading, the functional responsibilities of the new service area have been amended to add “social sustainability”. Page 4 12. Items Relating to the Courtney Annexation and Zoning. A. Second Reading of Ordinance No. 151, 2011, Annexing Property Known as the Courtney Annexation to the City of Fort Collins. B. Hearing and First Reading of Ordinance No. 152, 2011, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Courtney Annexation to the City of Fort Collins. Ordinance No. 151, 2011, unanimously adopted on First Reading on November 1, 2011, annexes 3.13 acres located east of Ziegler Road and south of East Horsetooth Road. The property is Lot 3 of the Strobel M.R.D. and is addressed as 3256 Nite Court, which is at the east end of Charlie Lane. Portions of street right-of-way for Nite Court and Charlie Lane are included in the annexation boundary. This is a 100% voluntary annexation. The property is developed and is in the FA1 - Farming District in Larimer County. Ordinance No. 152, 2011, will place this annexation in UE – Urban Estate Zoning District. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary as this property is already in the District. The “Residential Neighborhood Sign District” was established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. The subject property is in an established residential area. 13. Second Reading of Ordinance No. 155, 2011, Authorizing Conveyance of a Non-Exclusive Utility Easement on City Property to Public Service Company of Colorado. The City of Fort Collins owns land south of Zach Elementary School along McClelland’s Creek known as Outlot D of McClelland’s Creek PD & PLD and Outlot D of McClelland’s Creek PD & PLD 2nd Filing (the Property). The Property was dedicated on the McClelland’s Creek plats as easement for landscape, drainage, and utility purposes. The Property is part of the McClelland’s Creek Drainage Basin and is owned and maintained by City’s Stormwater Utility. McClelland’s Creek conveys stormwater flows to the Fossil Creek Reservoir Inlet Ditch. Public Service Company of Colorado (Xcel) has planned a project to install a gas line to service the proposed residential development to east of the City’s Property. The gas line will extend east from Xcel’s existing service line off of Rock Dove Drive across property owned by the City, as well as property owned by Poudre School District. The line will run adjacent and parallel to an existing sanitary sewer easement on the City’s Property. This Ordinance, unanimously adopted on First Reading on November 1, 2011, grants Xcel a 10-foot wide utility easement across the City’s property for the installation and maintenance of the new gas line improvements. 14. First Reading of Ordinance No. 157, 2011, Appropriating Unanticipated Grant Revenue in the General Fund for the Natural Resources Radon Program and Authorizing the Transfer of Funds Previously Appropriated in the Natural Resources Operating Budget. This Ordinance appropriates $11,725 that has been granted by Colorado Department of Health and Environment. It also transfers a matching amount of $11,725 from the 2011 General Fund and combine these funds in a Radon Program account. The Program will carry out radon risk-reduction activities identified in the current City Budget. Page 5 15. First Reading of Ordinance No. 158, 2011, Appropriating Unanticipated Grant Revenue in the General Fund for Police Services’ Restorative Justice Program and for the Transfer of Funds Previously Appropriated in the Police Services Project Budget. A grant in the amount of $30,000 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Accountability Incentive Block Grants fund for salaries associated with the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm caused by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, criminal justice officials are optimistic repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. A $3,333 cash match is required for the $30,000 grant and will be met by appropriating funds from the police operating budget designated for restorative justice. 16. First Reading of Ordinance No. 159, 2011, Appropriating Prior Year Reserves in the General Fund for Transfer to Various City Funds for Tree and Branch Cleanup Expenses. Due to the snowstorm on October 25 and 26, 2011, the City has incurred unanticipated costs associated with the tree and branch cleanup. This appropriation request will be used for the incremental costs (direct costs) associated with the cleanup effort but not covered in the operating budget. This includes personnel overtime and planned "work for other departments" costs that cannot be recouped, as well as other incremental costs associated with contractors, equipment rental, fuel, etc. that are uniquely and directly related to the snowstorm cleanup. 17. First Reading of Ordinance No. 160, 2011, Amending Chapter 7.5 of the City Code to Increase the Amounts of the Capital Improvement Expansion Fees So as to Reflect Inflation in Associated Costs of Services. The City Code provides for automatic annual adjustments to the capital improvement expansion fees and the neighborhood parkland fee based on an inflation index (CPI). Also, to account for rising construction costs, the City adjusts the street oversizing fees to reflect changes posted in the Engineering News Record (ENR). The CPI has increased 3.8% and the ENR has increased 7.55%. 18. Public Hearing and First Reading of Ordinance No. 161, 2011, Amending Chapter 26 of the City Code Relating To Utility Connection Fees And Miscellaneous Charges. This Ordinance increases the after-hours service connection fees from $46.00 to $85.35 for customers who request utility connection after normal business hours. It also establishes a trip charge of $19.65 for special requests during normal business hours. The Ordinance establishes a monthly meter reading charge of $11.00 for those customers who opt out of the Advanced Meter Fort Collins program. The fee recovers additional costs incurred by the Utilities for a manual meter reading once the advanced metering infrastructure is in place. 19. First Reading of Ordinance No. 162, 2011, Amending the Land Use Code Related to the Point of Measurement for the Establishment of Buffer Zones for Streams. This Ordinance will amend the Land Use Code, Section 3.4.1(E), that identifies where the buffer zone should begin regarding rivers, streams, and irrigation ditches. The proposed revision addresses the current requirement that this point of measurement be from “bankfull discharge.” Instead, the term “top of bank” is recommended as the most appropriate term for this point of measurement. Page 6 20. Items Relating to Stormwater, Water and Wastewater Standard Development Specifications. A. First Reading of Ordinance No. 163, 2011, Amending Chapter 26 of the City Code to Establish and Provide for Technical Revision of Standard Development Construction Specifications for the Water, Wastewater and Stormwater Utilities. B. First Reading of Ordinance No. 164, 2011, Adopting Standard Development Construction Specifications for the Water, Wastewater and Stormwater Utilities. Fort Collins Utilities maintains standard construction specifications adopted by City Council for stormwater, water and wastewater improvements installed within new residential and commercial developments within the respective City service areas. These specifications require the use of specific materials, methods and products to insure uniformity within the systems and to standardize various components. Water Utilities is combining these specifications into a unified document that is more convenient for engineers and contractors to use and more easily updated in the future. 21. First Reading of Ordinance No. 165, 2011, Designating the MacDonald/Cooke House and Detached Garage, 424 West Olive Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, Brian Cooke and Lisa Viviani, are initiating this request for Fort Collins Landmark designation for the MacDonald/Cooke House and Detached Garage, at 424 West Olive Street. The MacDonald/Cooke House and Garage are significant under Designation Standard (2) for their association with Stewart L. MacDonald; and under Designation Standard (3), as a notable and unaltered example of the American Foursquare architectural style, with historic matching detached garage. This property retains a very high level of integrity relative to the seven aspects of integrity: location, setting, design, materials, workmanship, association, and feeling. 22. Public Hearing and Resolution 2011-101 Approving the Programs and Projects that Will Receive Funds from the Federal Home Investment Partnerships (HOME) Program and the City’s Affordable Housing Fund. The Resolution will complete the fall cycle of the competitive process for allocating $813,577 of City financial resources to affordable housing programs/projects. 23. Resolution 2011-102 Further Extending the Deadline for the City of Fort Collins and the Town of Windsor to Take Certain Actions Required by the Parties’ Intergovernmental Agreement Pertaining to the Development of the Interstate 25/State Highway 392 Interchange. On December 21, 2010, the City Council approved an intergovernmental agreement with the Town of Windsor (the “IGA”) pertaining to the development of the I-25 interchange at the intersection of State Highway 392 (the “Interchange”). Staff for the City of Fort Collins and Town of Windsor has completed the work required by the Amended IGA but requires an extension to continue public outreach, to incorporate any input from the outreach, and to draft necessary documents for consideration by Council. The staff of both municipalities have recommended that the December 6, 2011, deadline be extended in order to complete the public outreach, draft necessary documents, and make their recommendations. The deadline for all actions to be taken under the Amended IGA by December 6, 2011, should be extended to April 3, 2012. 24. Resolution 2011-103 Adopting the City’s 2012 Legislative Policy Agenda. Each year the Legislative Review Committee (LRC) develops a legislative agenda to assist in the analysis of pending legislation. The Legislative Policy Agenda is used as a guide by Council members and staff to determine positions on pending legislation and as a general reference for our state legislators and congressional delegation. END CONSENT Page 7 25. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 26. Staff Reports. 27. Councilmember Reports. 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. 28. Second Reading of Ordinance No. 150, 2011, Temporarily Suspending the Operation and Enforcement of the Land Use Code and Zoning Map to Allow for a Temporary Overflow Wintertime Night Shelter for the Homeless. (staff: Tess Heffernan; no staff presentation; 5 minute discussion) Recent years have seen an increase in the number of families and individuals seeking overnight shelter at area homeless shelters. Construction is underway to expand shelter capacity at The Mission; however, delays have pushed the completion date back to February 1, 2012. This Ordinance, adopted 4-0 (Manvel absent, Poppaw withdrawn, Troxell absent at time of vote) on First Reading on November 1, 2011, will temporarily suspend Land Use Code restrictions for an 8-week period at the Knights of Columbus facility at 101 North Meldrum in order to be able to shelter people on those winter evenings when other homeless shelters are full. 29. Items Relating to the Leistikow Annexation and Zoning. (staff: Ted Shepard; 5 minute staff presentation; 15 minute discussion) A. Second Reading of Ordinance No. 153, 2011, Annexing Property Known as the Leistikow Annexation to the City of Fort Collins. B. Hearing and First Reading of Ordinance No. 154, 2011, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Leistikow Annexation to the City of Fort Collins. Ordinance No. 153, 2011, adopted on First Reading by a vote of 5-1 (nays: Ohlson) annexes the Leistikow parcel. The parcel is 18.04 acres located east of Timberline Road and south of Trilby Road. The property is a portion of the Leistikow Amended Minor Residential Division as approved in Larimer Page 8 County and addressed as 6732 South Timberline Road. Contiguity with the existing municipal boundary is gained along the entire northern boundary which is shared with the Westchase P.U.D. The Annexation includes a condition such that if the property develops as a residential land use, the owner shall request disconnection from City so that Larimer County would then be able to implement its Transfer of Density Units program. The effective term of this condition is ten years. Ordinance No. 154, 2011, will place the property in the U-E, Urban Estate Zone District, in conformance with the City’s Structure Plan Map and the Fossil Creek Reservoir Area Plan. 30. Second Reading of Ordinance No. 156, 2011, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2012; Amending the Budget for the Fiscal Year Beginning January 1, 2012, and Ending December 31, 2012; and Fixing the Mill Levy for Fiscal Year 2012. (staff: Darin Atteberry, Mike Beckstead; 5 minute staff presentation; 30 minute discussion) This Ordinance, unanimously adopted on First Reading on November 1, 2011, amends the adopted 2012 Budget and sets the amount of $454,382,997 to be appropriated for fiscal year 2012. Including the 2012 adopted budgets for the General Improvement District No. 1 of $303,179 and the Urban Renewal Authority of $1,503,583, the total City appropriations amount to $456,189,759. City Budget (in $ million) Adopted Amended 2012 2012 Change Operations $405.3 $410.4 $5.1 Debt Service 23.2 23.2 - Capital 19.1 22.6 3.5 Total City Operated Appropriations * $447.6 $456.2 $8.6 Less Urban Renewal Authority (URA) (1.5) (1.5) 0.0 Less General Improvement District (GID) (0.3) (0.3) 0.0 Total City of Fort Collins Appropriation $445.8 $454.4 $8.6 * This includes GID and URA which are appropriated in separate ordinances. This Ordinance also sets the 2012 City mill levy at 9.797 mills, unchanged since 1991. 31. Public Hearing and First Reading of Ordinance No. 166, 2011, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges. (Option A or Option B) (staff: Brian Janonis, Patty Bigner, Bill Switzer; 10 minute staff presentation; 1 hour discussion) Staff has prepared two Residential Energy Rate Options for Council consideration. This electric rate is used to bill about 55,000 residential customers. Option A is a seasonal rate form, Option B is a three-tiered seasonal rate. Both options increase the residential energy rate by an average of 6% over the current 2011 rate, however, the increase varies by season and customer usage. Both options are proposed to be effective for billings with meter reading dates on or after February 1, 2012. In three City Council work sessions, staff presented electric rate design principles, four residential rate options, a change to the residential demand rate and a pilot Time of Use rate for electric vehicles. At the September 13 Work Session, City Council also discussed a change to the General Service (GS) or commercial rate proposed by staff that will result in two rate classes, a GS (up to 25 kW) and GS 25 (25 – 50 kW). With the exception of proposed changes to the residential electric rate structure, these changes were adopted by Council on Second Reading November 1, 2011, along with proposed rate increases. At the October 11, 2011 Work Session, Council further reviewed four residential electric rate options and answers provided by staff. Based on feedback from this work session, two rate ordinances have been drafted for Council consideration and public notification has been completed. Page 9 32. First Reading of Ordinance No. 167, 2011, Amending Chapter 23, Articles IX and X of the City Code to Allow Electrical Assisted Bicycles on the City’s Paved Trails for a One Year Trial Period. (staff: Marty Heffernan; 10 minute staff presentation; 1 hour discussion) Council has expressed interest in considering a trial period to allow electric assisted bicycles (ebikes) on City paved trails. In response, the City Manager formed a cross-departmental team to: investigate the relevant issues; gain input from associated boards and commissions; conduct a public opinion survey; and find out how other cities are managing ebikes. City staff presented this information to the Council at the June 28, 2011 Work Session. After reviewing the information provided at the work session, the City Manager’s recommendation, and other input received from citizens, Council supported consideration of a change to the City Code to implement a one year trial period to allow electrical assisted bicycles on the City’s paved trail system. Council requested that staff prepare an ordinance to make the needed changes to the City Code to implement the trial period and return to Council at a regular meeting for a determination on whether or not the trial period should be implemented. Adoption of Ordinance No. 167, 2011, implements a one year trial period allowing ebikes on City paved trails from April 1, 2012 through March 31, 2013. 33. Pulled Consent Items. 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.