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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 03/03/2015 - SUMMARY AGENDACity of Fort Collins Page 1 Karen Weitkunat, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Gino Campana, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Nelson City Attorney City Manager 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. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Meeting March 3, 2015 (Revised 3/3/15) Proclamations and Presentations 5:30 p.m.  Proclamation Declaring March as Red Cross Month. Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda. City of Fort Collins Page 2  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. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items.  CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council.  Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).  All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting).  The presiding officer will determine and announce the length of time allowed for each speaker.  Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk.  A timer will buzz once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will buzz again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]  CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent 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 Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. 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. City of Fort Collins Page 3 1. Consideration and Approval of the Minutes of the January 20 and February 3, 2017 Regular Council Meetings and the February 10, 2015 Adjourned Council Meeting. The purpose of this item is to approve the minutes from the January 20 and February 3, 2015 Regular Council meetings and the February 10, 2015 Adjourned Council meeting. 2. Second Reading of Ordinance No. 017, 2015, Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the Equipment Fund for Electric Vehicle Charging Stations and Natural Gas Vehicles. This Ordinance, unanimously adopted on First Reading on February 17, 2015, appropriates $67,920 and $12,177 in grant funds plus the local match of $16,950 and $2,435 into the Equipment fund for the purchase of two Natural Gas dump trucks and three Fleet vehicle charging stations. 3. Second Reading of Ordinance No. 018, 2015, Appropriating Prior Year Reserves in the General Fund for the Purpose of Supplementing Construction Costs Associated with the Foothills Activity Center and to Transfer Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. This Ordinance, unanimously adopted on First Reading on February 17, 2015, increases 2015 appropriations in the City's General Fund by $404,000 for the purposes of supplementing construction costs of the Foothills Activity Center to transfer appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. This appropriation is necessary to comply with the Second Amendment to the Foothills Mall Redevelopment and Reimbursement Agreement dated August, 2014 in which the City agreed to pay up to $400,000 of the estimated additional cost to the Activity Center. 4. Second Reading of Ordinance No. 019, 2015, Amending Sections 8-106 and 8-108 of the Code of the City of Fort Collins Pertaining to Implementation and Administration of the City’s Risk Management Program. This Ordinance, unanimously adopted on First Reading on February 17, 2015, modifies City Code Sections 8-106 and 8-108 so that responsibilities related to the management and administration of the City’s risk management program are shifted from the City’s Purchasing Agent to the Financial Officer or his or her designee. 5. Second Reading of Ordinance No. 020, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City. This Ordinance, unanimously adopted on First Reading on February 17, 2015, extends the current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of 90 days, to June 14, 2015. The current agreement expires March 16, 2015. City staff and Comcast representatives are in the very final stages of negotiations, anticipating mutual agreement on the final elements of the new agreement very soon. The proposed extension will maintain the terms and conditions of the existing Franchise for the duration of the extension. 6. Second Reading of Ordinance No. 021, 2015, Authorizing the Conveyance of 93 Square Feet of City-Owned Property to Loco Ventures LLC. This Ordinance, unanimously adopted on First Reading on February 17, 2015, authorizes the conveyance of 93 square feet of City-owned property to Loco Ventures LLC in order to resolve an encroachment that was a pre-existing condition on property that the City acquired in 2014 as part of the North College Improvements Project - Conifer to Willox. City of Fort Collins Page 4 7. Second Reading of Ordinance No. 030, 2015, Adding Section 17-194 to the Code of the City of Fort Collins to Prohibit the Use of Flammable Gases, Flammable Solvents, Flammable Liquids, and/or Alcohol in the Extraction of THC or Other Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Manufacturing Products Facilities and Deleting Subsection (b)(5) of Section 12- 142 of the Code. Ordinance No. 030, 2015, adopted unanimously on First Reading on February 17, 2015, prohibits the use of flammable gases and liquids, carbon dioxide, and alcohol in the extraction of THC except in a licensed facility. 8. Items Relating to the Downtown Development Authority. A. First Reading of Ordinance No. 033, 2015 Appropriating Unanticipated Tax Increment Revenues in the Fort Collins, Colorado Downtown Development Authority Fund for Expenditure on Projects and Programs in Accordance with the Downtown Plan of Development. B. First Reading of Ordinance No. 034, 2015, Appropriating Unanticipated Revenue from Interest Earnings and Reappropriating Existing Project Funds for Expenditure on Projects and Programs in Accordance with the Downtown Plan of Development. The purpose of this item is to appropriate certain unanticipated revenues and reappropriate certain funds previously committed for projects and programs under the Downtown Plan of Redevelopment. Ordinance No.033, 2015, will appropriate $63,205 in unanticipated revenue for use in the Old Town Square Renovation. This ordinance also includes the repayment of the 2015 Revolving Line of Credit Draw #2, in the amount of $63,205 from the Downtown Development Authority Debt Service Fund. Ordinance No. 034, 2015, will appropriate unanticipated revenue from interest earnings in the amount of $29,220, and will also reappropriate previously committed project funds in the amount of $438,611 for use in the Old Town Square Renovation. 9. First Reading of Ordinance No. 035, 2015, Establishing Rental Rates and Delivery Charges for Use of the City's Raw Water for the 2015 Irrigation Season. The purpose of this item is to obtain Council approval of rates and charges for the rental and delivery of the Utilities raw water supplies. These rates are used to invoice agricultural, contractual and other water users. 10. First Reading of Ordinance No. 036, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Allow for the Waiver of Certain Requirements for a Temporary Connection to the Water System as an Irrigation Source for the Establishment of Native Vegetation on Certain City Projects. This Item has been withdrawn from the Agenda The purpose of this item is to allow the Utilities Executive Director the option to waive the water plant investment fee (WPIF) for City projects that only require irrigation for the establishment of native vegetation during the first three years of growth. The City has actively pursued native vegetation for greenspaces and landscaping as a means to reduce long term demand and improve the sustainability of water availability in our region. Successful establishment of such vegetation typically requires irrigation in its first two to three years. After establishment, it can be successful with only the limited natural precipitation of the area. City Code requires that all connections to the water utility pay a WPIF. With this change, the Utilities Executive Director may waive the WPIF for City projects that only require irrigation for the establishment of native vegetation during these first three years of growth. All charges for water use would be due by the requesting agency as well as the costs to disconnect at the end of that period. City of Fort Collins Page 5 11. Resolution 2015-027 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County, Colorado State University and the United States Department of Agriculture for the Care and Management of Bison on Portions of Soapstone Prairie and Reservoir Ridge Natural Areas. The purpose of this item is to authorize the Mayor to execute a proposed Intergovernmental Agreement with Colorado State University and other agencies that will allow bison to be placed on Natural Area properties. The 2007 Soapstone Prairie Natural Area Management Plan identified plains bison as a species for reintroduction. The City is partnering with CSU, Larimer County, and USDA-APHIS to reintroduce bison with high genetic integrity to portions of Soapstone, Reservoir Ridge Natural Area, and the County-owned Red Mountain Open Space through an intergovernmental agreement that describes the funding, management, and care of the properties and animals. 12. Resolution 2015-028 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Grant Disbursements. The purpose of this item is to adopt the recommendations of the Cultural Resources Board to disburse Fort Fund grants to community events from the Cultural Development and Programming and Tourism Programming Accounts. 13. Resolution 2015-029 Ratifying Appointments to the Poudre River Library District Board of Trustees. The purpose of this item is to reappoint Linda Gabel to a second term and to appoint Becki Hartshorn to the Poudre River Library District Board of Directors to fill a vacancy that currently exists due to the March 2015 term expiration for Cara Neth. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS A. Friendship City, San Cristobal, and upcoming marimba band concert B. Ballot Processing Center Open House C. Martin Marietta Materials Asphalt Plant Memorandum of Understanding  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 6 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. 14. Second Reading of Ordinance No. 028, 2015, Appropriating Prior Years Reserves in the General Fund for Transfer to the Capital Projects Fund and Authorizing the Transfer of Existing Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the Lincoln Corridor Improvements Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. (staff: Dean Klingner; no staff presentation; 10 minute discussion) This Ordinance, adopted on Second Reading on February 17, 2015, by a vote of 4-2 (nays: Overbeck, Cunniff; Poppaw recused) appropriates partial funding for design, right of way acquisition and construction of the Lincoln Avenue Improvements from 1st Street to Lemay Avenue. Based on the Lincoln Corridor Plan estimated cost of $19.3 million for the entire project from Jefferson to Lemay, the cost to improve the section from 1st Street to Lemay Avenue is $8 million. With the reduced level of enhancements currently proposed, the project is estimated to cost $6.5 million. This Council action appropriates $3 million from General Fund Reserves and an additional $1.106 million from the Street Oversizing Fund. $155,881 is available from previous developer Local Street Obligations along the project limits, and $2,238,119 is currently unfunded. 15. Resolution 2015-030 Updating Community Greenhouse Gas Reduction Goals. (staff: Lucinda Smith, Jeff Mihelich; 15 minute staff presentation; 90 minute discussion) The purpose of this item is for City Council to consider:  reaffirming the existing goal to reduce communitywide greenhouse emissions to 20% below 2005 levels by 2020,  establishing new goals to reduce communitywide greenhouse gas emission to 80% below 2005 levels by 2030 and achieve carbon neutrality by 2050,  directing the City Manager to develop a 2020 Climate Action Implementation Plan based on the 2015 Climate Action Plan: Framework. In April 2014, City Council asked that an ad hoc committee be formed to develop a proposed updated Climate Action Plan (CAP) that describes how the community could achieve the greenhouse gas emissions reduction objectives stated above. Following nine months of work, a draft framework has been prepared that outlines steps needed to put Fort Collins on a path to meet the goals. The 2015 Climate Action Plan: Framework (“CAP Framework”) provides a high level assessment of steps needed to set Fort Collins on the path to achieve carbon emissions reduction objectives as requested by Council, but does not determine future implementation details. The work on climate action planning is, by nature, iterative. Very few cities have taken the initiative to explore, to this depth, what it would take to meet ambitious long-term goals. Recommended next steps are to City of Fort Collins Page 7 complete a 2020 Climate Action Implementation Plan to develop details of near-term programs. Any tactics or programs requiring Council action will be developed in more detail and discussed on a case-by-case basis prior to Council’s consideration. Achieving these goals will be challenging and will require sustained action and focus, and involvement by all sectors of the community. Anticipated outcomes of setting visionary greenhouse gas goals include attracting outside capital as well as increased local innovation and entrepreneurial activity. These goals can drive further action to reduce emissions than would occur without the goals or a plan. They can spur the community’s engagement, competitive spirit, and sense of pride. Setting a new goal for 2030 also establishes an important interim target for action between now and 2050—an interim goal that is set out in the future but is close enough to be able to be visualized assists in keeping the community on track for long-term carbon reductions. 16. Resolution 2015-031 Adopting an Update to the Economic Health Strategic Plan for the City of Fort Collins. (staff: Josh Birks, Jeff Mihelich; 10 minute staff presentation; 15 minute discussion) The purpose of this item is to consider a resolution approving an update to the Economic Health Strategic Plan previously approved by City Council on June 26, 2012 (Resolution 2012-044; Vote: 7- 0 in favor). The update responds to a City Council request to evaluate changes to the existing strategic plan and seeks alignment with the objectives of the Sustainability Service Area (formed in 2012). The update introduces five themes around which to organize the City’s economic health activities:  Community Prosperity  Grow Our Own  Place Matters  The Climate Economy  Think Regionally 17. Resolution 2015-032 Supporting the Grant Application for a Local Parks and Outdoor Recreation Grant from the State Board of Great Outdoors Colorado Trust Fund and the Completion of Enhancements to the Old Town Square Renovation. (staff: Jennifer Hensley, Todd Dangerfield, Matt Robenalt; 5 minute staff presentation; 15 minute discussion) The purpose of this item is to express City Council support for a grant application by the Downtown Development Authority (DDA). The City, in cooperation with the DDA is applying for a Great Outdoors Colorado (GOCO) Local Parks and Outdoor Recreation Grant. The City is eligible to sponsor the DDA for this grant application and GOCO requires this resolution expressing City Council support to be submitted as part of the grant application package. No additional City funding is needed for this grant. 18. First Reading of Ordinance No. 038, 2015, Amending the Land Use Code with Regard to City Development Projects. (staff: Laurie Kadrich; 5 minute staff presentation; 30 minute discussion) This item has been withdrawn from the Agenda. The purpose of this item is to consider amending the Land Use Code to require any development review project in which the City is an applicant to be reviewed by the Planning and Zoning Board (P & Z) and eliminates formal appeals to the City Council while allowing a Council override of a P & Z decision. 19. Second Reading of Ordinance No. 032, 2015, Amending Section 15-609 of Article XVII of the Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana Product Manufacturing Facilities. (staff: Ginny Sawyer, Don Vagge; no staff presentation; 10 minute discussion) Ordinance No. 032, 2015, adopted on First Reading on February 17, 2015, by a vote of 4-3 (nays: Campana, Troxell, Weitkunat) removes the existing prohibition on the wholesale of marijuana between licensed businesses, not limiting the sales to Fort Collins establishments. When the retail City of Fort Collins Page 8 marijuana regulations were adopted, they included a prohibition on any wholesaling of marijuana between businesses. This was included, and recommended, as a disincentive for marijuana businesses to grow more than they could sell through their licensed business. Fort Collins is the only community to have this restriction and local businesses are interested in relaxing this regulation. 20. Items Relating to Pineridge Natural Area Encroachments. (staff: Mark Sears, Tawnya Ernst; no staff presentation; 5 minute discussion) A. Second Reading of Ordinance No. 022, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Thomas and Sandra Gerrard. B. Second Reading of Ordinance No. 023, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Sharon and David Bottoms. C. Second Reading of Ordinance No. 024, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Mark and Leslie Haynam. D. Second Reading of Ordinance No. 025, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Barry Johnson and Jane Pollack. E. Second Reading of Ordinance No. 026, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Martin and Judith Gutschenritter. F. Second Reading of Ordinance No. 027, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Ward and April Whicker. The purpose of this item is to resolve six encroachments on Pineridge Natural Area. Six property owners who have significant and long standing encroachments on Pineridge Natural Area are requesting that City Council approve selling them the land they are encroaching upon. While this is highly unusual and certainly not something Natural Areas would normally recommend, both Natural Areas staff and the Land Conservation and Stewardship Board are recommending approval due to the unique circumstances. These Ordinances were adopted on First Reading on February 17, 2015, by a vote of 6-1 (nays: Overbeck) 21. First Reading of Ordinance No. 039, 2015, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Salary of the City Attorney. (staff: Janet Miller; 2 minute staff presentation; 5 minute discussion) The purpose of this item is to amend Section 2-581 of the City Code to describe the base salary of the City Attorney.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS  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.