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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/19/2015 - SUMMARY AGENDAWade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, 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 May 19, 2015 Proclamations and Presentations 5:30 p.m. • Proclamation Declaring May as Mental Health Month. • Proclamation Declaring May as Lions Club 95th Anniversary Celebration • Proclamation Declaring May 19 as Stanley Sepulbeda Day 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 1 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. Second Reading of Ordinance No. 054, 2015, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-Jurisdictional Northern Colorado Drug Task Force. Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice on behalf of the Northern Colorado Drug Task Force (NCDTF) for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset joint task force operations. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $256,160 from its forfeiture reserve account to its 2015 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. 2. Second Reading of Ordinance No. 055, 2015, Vacating Right-of-Way as Dedicated on a Plat of Registry Ridge Fourth Filing. The Ordinance, unanimously adopted on First Reading on May 5, 2015, vacates Cabot Court, Nimitz Drive, Hornet Drive, Kitty Hawk Court and Enterprise Drive right-of-way that is no longer necessary or desirable to retain for street purposes. The property is proposed to be replatted as Registry Ridge Seventh Filing, which was approved through an Administrative Hearing on March 5, 2015. 3. Second Reading of Ordinance No. 056, 2015, Vacating Portions of the Rights-of-Way as Dedicated on the Plat of Riverside Park. The Ordinance adopted unanimously on First Reading on May 5, 2015, vacates portions of College Avenue right-of-way at the southwest corner of North College Avenue and Pinion Street. 4. First Reading of Ordinance No. 059, 2015, Appropriating Unanticipated Revenue for the Senior Center Expansion Project and Transferring Appropriations to the Cultural Services and Facilities Fund for Art in Public Places Program. The purpose of this item is to appropriate an additional $50,000 to the Senior Center Expansion Project. These additional funds were raised by the Senior Center Expansion Committee to be used towards completing the new community gardens at the west end of the new parking lot for fencing, planter beds, etc. and also pay for additional furnishings inside the building, e.g. a piano, upgrading old light fixtures, benches, portable stage, coffee cart, etc. 5. First Reading of Ordinance No. 060, 2015, Appropriating Prior Year Reserves and Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2015 Adopted City Budget. The purpose of this item is to approve an Ordinance appropriating $8,300,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund. Of the total, $6,110,000 will be used for land conservation. With over $7M of land and water acquisitions under negotiation, there is a reasonable likelihood that most of these funds will be spent in 2015. Prior to 2004, the Natural Areas Department (NAD) projects were funded through the Capital Projects Fund and 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 funding sources were all moved into the Natural Areas Fund, a lapsing fund. Therefore, unspent funds in prior annual budgets need to be appropriated into the following year’s budget before they can be spent. The purpose of the previously appropriated funds under this Ordinance remains the same: land conservation, construction of public improvements, restoration of wildlife habitat and other NAD programs to benefit the citizens of Fort Collins. City of Fort Collins Page 4 In addition to prior year reserves and unspent 2014 appropriations, the Natural Areas Department received unanticipated revenues in 2014; these funds are being appropriated for the purpose of providing Natural Areas programming not included in the 2015 adopted City Budget. 6. First Reading of Ordinance No. 061, 2015, Authorizing the Replacement of a Notice of Interim Trail Use and the Conveyance or Vacation of the City’s Rights in a Portion of Property Known as the Rails-to-Trails Property. The purpose of this item is to obtain authorization from City Council to terminate an existing Notice of Trail Use for a portion of Rails to Trails property located east of Taft Hill Road and north of Lincoln Middle School that the City does not have any current or future use for and vacate or convey the City’s remaining interests in the property. The City will request a replacement Notice of Interim Trail Use for the remaining Rails to Trails property. In 1988, the City filed with the Interstate Commerce Commission expressing its willingness to assume responsibility for a portion of railroad property that Burlington Northern Railroad Company (“Railroad”) planned to abandon and requested a Notice of Interim Trail Use (“NITU”) to postpone the abandonment and allow the City to use the property, known as the “Rails-to-Trails” property, for trail purposes. After the NITU was issued, the City then entered into an Offer to Purchase and Interim Trail Use Agreement with the Railroad in 1989 subject to the right of the railroad to reactivate its line in the future. The Railroad deeded its interest in the Rails-to-Trails property in 1990. Staff has determined that a portion of the Rails-to-Trails property located east of Taft Hill Road and north of Lincoln Middle School is not needed for any current or future trail use or recreation uses and would prefer to be released from maintenance obligations of the property. This Ordinance would authorize staff to take the steps necessary to terminate the NITU and ask the Surface Transportation Board to replace it with a new NITU covering much less of the property, and vacate or convey any remaining interests the City may have across the section of the property that is no longer needed. 7. Resolution 2015-055 Adopting Amendments to the Financial Management Policies by Combining and Revising General Policies, Fund Policies and Capital Improvement Fund Policies. The purpose of this item is to update the General Financial Policy and combine with 2 other policies: Fund Policies and Capital Improvement Policies. In August 2014 the Council Finance Committee (CFC) approved combining these policies into one general financial policy. In November 2014 the CFC reviewed the draft of these 3 policies and approved bringing the combined policy to the City Council for consideration. Many sections of these policies are redundant with other financial policies, City Code and Intergovernmental Agreements (IGAs). There are also many sections with no policy elements. Lastly some sections are not financial in nature or should be moved to another financial policy. As such, this action is primarily a housekeeping update. All approved financial policies will be available on fcgov.com by August 31. 8. Public Hearing and Resolution 2015-056 Approving the Programs and Projects That Will Receive Funds From the Federal Community Development Block Grant Program (CDBG), the Home Investment Partnerships Program (HOME), and the City's Affordable Housing Fund (AHF) and Human Services Program (HSP). The purpose of this item is to approve the funding of the 2015 spring cycle of the Competitive Process. 9. Resolution 2015-052 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. City of Fort Collins Page 5 10. Resolution 2015-053 Authorizing an Intergovernmental Agreement with Colorado State University Regarding Biological Inventory and Data Analysis through the Colorado Natural Heritage Program The purpose of this item is to approve by resolution an agreement for technical assistance from the Colorado Natural Heritage Program (CNHP) at Colorado State University to complete tasks related to biological survey, data analysis, rare species/communities conservation planning and ecological monitoring with such information to be applied toward updating the Natural Areas Department 2015 work plan. 11. Resolution 2015-054 Nominating and Endorsing Mayor Wade Troxell as a Candidate for Election to the Executive Board of the Colorado Municipal League. The purpose of this item is to formally endorse the nomination of Mayor Wade Troxell as a candidate to the Executive Board of the Colorado Municipal League. Mayor Troxell, during his earlier terms as a City Councilmember, served for five years on the Colorado Municipal League Policy Committee. 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. Downtown Plan Project Update. B. Senior Center LEED Gold Certification. • 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 (three 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. 12. Second Reading of Ordinance No. 053, 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 W ithin the City. (staff: Dan Coldiron; no staff presentation; 15 minute discussion) This Ordinance, unanimously adopted on First Reading on April 21, 2015, extends the current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of 47 days to July 31, 2015. The current, extended agreement expires June 14, 2015. City staff and Comcast representatives have reached mutual agreement on the final elements of the new agreement. The additional 47 days will allow for more time for public input prior to the consideration of the new agreement by Council. The proposed extension will maintain the terms and conditions of the existing Franchise for the duration of the extension. 13. Second Reading of Ordinance No. 058, 2015, Appropriation of Funds to Reimburse Woodward, Inc. For Development Fees, Capital Improvement Expansion Fees and Use Tax. (staff: Mike Beckstead; no staff presentation; 30 minute discussion) This Ordinance, adopted on First Reading on May 5, 2015, by a vote of 5-2 (Nays: Overbeck, Cunniff), Appropriates $2,107,261 of prior year reserves for a rebate to Woodward for fees and use tax as approved by City Council on April 2, 2013 (Ordinance No. 055, 2013). Ordinance No. 055, 2013 approved an agreement between the City, Downtown Development Authority (DDA), and Woodward, Inc. The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. The City’s assistance includes a rebate of Use Tax, Development Fees, and Capital Improvement Expansion Fees. This Ordinance also appropriates all the rebates from the General Fund’s prior year reserves, except for the rebate of Capital Improvement Expansion Fees, which would be appropriated from the prior year reserves in the Capital Expansion and Street Oversizing funds for the rebated Capital Improvement Expansion Fees. Sections 2 and 3 of the Ordinance have been amended between First and Second Reading to expressly state that the monies appropriated from the affected Capital Improvement Expansion Fee funds are being done so with the intent to supersede any provision to the contrary in City Code Chapter 7.5, which Chapter governs how such fees are to be spent. City of Fort Collins Page 7 • 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.