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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 06/07/2016 - SUMMARY AGENDACity of Fort Collins Page 1 Wade 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 FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann 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 (V/TDD: Dial 711 for Relay Colorado) for assistance. Regular Meeting June 7, 2016 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring June 2016 as Adopt-a-Shelter-Cat Month. B. Proclamation Declaring June 15, 2016 as the Rio Grande Mexican Restaurants, Inc. 30th Anniversary. C. Proclamation Declaring June as Healthy Homes Month. D. Proclamation Declaring June as Bike Month. E. Proclamation Declaring June 7, 2016 as Healthcare Decisions Day. Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL City of Fort Collins Page 2  AGENDA REVIEW: CITY MANAGER  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. 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 beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep 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 May 3 and May 17, 2016 Regular Council Meetings, the May 10, 2016 Special Council Meeting and the May 24, 2016 Adjourned Council Meeting. The purpose of this item is to approve minutes from the May 3 and May 17, 2016 Regular Council meetings, the May 10, 2016 Special Council meeting and the May 24, 2016 Adjourned Council meeting. 2. Second Reading of Ordinance No. 061, 2016 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural Areas Programming not Included in the 2016 Adopted City Budget. This Ordinance, unanimously adopted on First Reading on May 17, 2016, appropriates $9,598,100 in prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other Natural Areas Department programs to benefit the citizens of Fort Collins. 3. Items Relating to the Completion of the 2016 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program the City’s Affordable Housing Fund (AHF) and the City’s Human Services Program (HSP). A. Second Reading of Ordinance No. 062, 2016, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 063, 2016, Appropriating Unanticipated Revenue in the HOME Investments Partnerships Fund. These Ordinances, unanimously adopted on First Reading on May, 17, 2016, approve funding recommendations of the 2016 spring cycle of the Competitive Process and appropriate federal dollars. Ordinance No. 062, 2016 appropriates the City’s FY2016 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD), and CDBG unprogrammed funds and Program Income from FY2015 and FY2014. Ordinance No. 063, 2016, appropriates the City’s FY2016 HOME Participating Jurisdiction (PJ) Grant from HUD and HOME Program Income from FY 2015 and FY 2014. 4. Items Relating to Updating the Code of the City of Fort Collins Pertaining to Unclaimed and Abandoned Intangible Personal Property. A. Second Reading of Ordinance No. 064, 2016, Amending Section 23-130 of the Code of the City of Fort Collins and Adding a Division 4 to Article IV in City Code Chapter 23 to Provide New Procedures for the City’s Disposition of Unclaimed and Abandoned Intangible Personal Property. B. Second Reading of Ordinance No. 065, 2016, Codifying the Utilities Payment Assistance Program and Amending Chapter 26 of the Code of the City of Fort Collins to Authorize Expenditure of Amounts Donated to the Program and Forfeited Unclaimed and Abandoned Intangible Personal Property Held by the Utilities Pursuant to Division 4, Article IV of Chapter 23 of the Code. These Ordinances, unanimously adopted on First Reading on May 17, 2016, update City Code for the processing of unclaimed and abandoned intangible personal property owned by others that is in the City’s possession for various reasons. State law authorizes local governments to have formal procedures in place in order to assume ownership of unclaimed and abandoned intangible personal property. Alternatively, the City would have to turn the property over to the State of Colorado. Existing City Code Section 23-130 has provided these formal procedures but needs updating. On April 18, 2016, the Council Finance Committee reviewed the proposed changes and recommended that this item be presented to the City Council for consideration. However, since the Committee reviewed these changes as found in Ordinance No. 064, 2016, this Ordinance has been revised to City of Fort Collins Page 4 clarify how intangible property coming into the City’s possession through law enforcement activities or as lost and found property will be disposed of under the Ordinance. Proposed changes to Chapter 26-Utilities are also included to recognize how unclaimed funds from the utility enterprises will be managed once they are declared forfeited under Chapter 23. Ordinance No. 065, 2016, amending Chapter 26 provides that such unclaimed and forfeited utilities funds are directed to the Payment Assistance Program. 5. Second Reading of Ordinance No. 066, 2016, Repealing the Electric Service Rules and Regulations, Amending and Codifying Certain Provisions Formerly in the Electric Service Rules and Regulations, Amending and Renaming the Electric Construction Policies Practices and Procedures as the Electric Service Standards, and Making Certain Clarifying Amendments in Chapter 26 of the Code of the City of Fort Collins and the Electric Service Standards. This Ordinance, unanimously adopted on First Reading on May 17, 2016, clarifies and consolidates policy and construction standards applicable to development of the City’s electric network. 6. Items Relating to Amendment of the Airport Intergovernmental Agreement Recommended by the Northern Colorado Regional Airport Commission. A. Second Reading of Ordinance No.067, 2016, Approving the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, to be Known Henceforth as the Northern Colorado Regional Airport, and Ratification of Previous Actions. B. Second Reading of Ordinance No. 068, 2016, Amending Various Sections of the Code of the City of Fort Collins Relating to the Delegation of Authority to the Northern Colorado Regional Airport Commission and Change of the Name of the Fort Collins-Loveland Municipal Airport to the Northern Colorado Regional Airport. These Ordinances, unanimously adopted on First Reading on May 17, 2016, amend the Amended and Restated Intergovernmental Agreement (IGA) for the joint operation of the Northern Colorado Regional Airport. Ordinance No. 067, 2016, ratifies and reaffirms the approval of the IGA and creation of the Commission under the IGA by Resolution 2015-003. Ordinance No.068, 2016, amends the City Code to address the impact the First Amendment has on the delegated authority with respect to Airport leases, grants, and expenditures. In addition, the change of the Airport name necessitates amendments to other provisions of the City Code to reflect that change. 7. Second Reading of Ordinance No. 069, 2016, Annexing the Property Known as the Mountain’s Edge Annexation to the City of Fort Collins, Colorado. This Ordinance unanimously adopted on First Reading on May 17, 2016 annexes 18.52 acres located at 2430 South Overland Trail at the northeast corner South Overland Trail and West Drake Road. A related item to zone the annexed property is presented as the next item on the agenda. 8. Second Reading of Ordinance No. 070, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mountain's Edge Annexation to the City of Fort Collins, Colorado. This Ordinance, unanimously adopted on First Reading on May 17, 2016, zones the property included in the Mountain’s Edge Annexation into the Low Density Mixed-Use Neighborhood zone district. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. City of Fort Collins Page 5 9. Second Reading of Ordinance No. 071, 2016, Annexing the Property Known as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado. This Ordinance, adopted unanimously on First Reading on May 17, 2016, annexes a segment of East Prospect Road right-of-way. The request is related to a City Utilities and Engineering project to improve the Boxelder Creek crossing of the road for flood management purposes. The segment is located east of Summitview Drive, west of the Interstate 25 frontage road and is approximately 1,000 feet in length. 10. Second Reading of Ordinance No. 072, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Prospect at Boxelder Creek Annexation to the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on May 17, 2016, zones the property included in the East Prospect at Boxelder Creek Annexation as a mix of Urban Estate (UE) and Employment (E). 11. First Reading of Ordinance No. 075, 2016, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the Safe Routes to School Program. The purpose of this item is appropriate unbudgeted funds received through a grant for the Safe Routes to School (SRTS) program (part of the City’s FC Moves Department). The Colorado Department of Transportation (CDOT) has awarded a $12,960 grant for implementation of new bicycling and walking camps, clubs and field trips at Fort Collins schools. This project requires a 20% local match ($3,240), which will be covered by the SRTS program operating budget. 12. First Reading of Ordinance No. 076, 2016, Authorizing the Conveyance of an Access Easement on Topminnow Natural Area to Jerome B. And Darla J. Roselle in Exchange for the Vacation of an Existing Access Easement. The purpose of this item is to authorize conveyance of an access easement to Jerry and Darla Roselle (“Roselles”) in exchange for an easement from the Roselles, with the consent of the North Poudre Irrigation Company, across the Fossil Creek Inlet Ditch Road on Topminnow Natural Area and the Roselles' property. Both properties are bounded by the Fossil Creek Inlet Ditch. The Natural Areas Department is in the process of acquiring 5-plus acres of land from the Roselles to add to Topminnow Natural Area. The Roselles intend to retain a small parcel of land east of the Ditch necessitating the need for an access easement. The best physical access is across the Fossil Creek Inlet Ditch Road, which is maintained by North Poudre Irrigation Company within easements it owns on the City and Roselle properties. The parties have proposed to enter into a reciprocal access easement which will formalize the access rights and obligations for each party on the ditch road. The Roselles have also agreed to vacate an existing access easement on the east side of the natural area. 13. Resolution 2016-046 Finding Substantial Compliance and Initiating Annexation Proceedings for the Majestic Place Annexation. The purpose of this item is initiate annexation proceedings for the Majestic Place property. The applicant, Suburban Land Reserve Inc. c/o Mr.Kenneth Merritt, has submitted a written petition requesting annexation of 19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently vacant. The requested zoning for this annexation is Urban Estate, U-E. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to annex land that meets the minimum contiguity requirement, and based on a voluntary petition to annex for the purpose of redeveloping the subject parcel. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. City of Fort Collins Page 6 14. Resolution 2016-047 Appointing Nancy Luttropp to the Senior Advisory Board. The purpose of this item is to appoint Nancy Luttropp to the Senior Advisory Board to fill a board vacancy created through the resignation of Lawrence Bontempo. 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. Special Events. (staff: Jan Sawyer, Mark Jackson) B. 2016 Fireworks Outreach and Enforcement. (staff: Mike Trombley, Doug Lee)  COUNCILMEMBER REPORTS  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 (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. 15. Second Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map. (staff: Wanda Winkelmann, Rita Knoll, Marcus Bodig, Carrie Daggett; 10 minute staff presentation; 30 minute discussion) This Ordinance, adopted on First Reading on May 3, 2016, by a vote of 6-1 (Nays: Overbeck) amends the City of Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the most populous district and the least populous district. The district boundaries were last adjusted in August 2012. City of Fort Collins Page 7 16. Second Reading of Ordinance No. 073, 2016, Authorizing the Acquisition by Eminent Domain of Additional Lands Necessary to Construct Public Improvements as Part of the Prospect Road and College Avenue Intersection Improvements Project. (staff: Dean Klingner; no staff presentation; 5 minute discussion) Staff requests postponement of Second Reading of Ordinance No. 073, 2016, to July 5, 2016, to allow staff time to review a suggested amendment to the design approved on First Reading. This Ordinance obtains authorization from City Council to use eminent domain, if necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. This authorization is for the two residential properties at the east end of the project. The Ordinance was adopted on First Reading on May 17, 2016 by a vote of 5-2 (Nays: Overbeck, Cunniff). 17. Second Reading of Ordinance No. 074, 2016, Modifying the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to The Centre For Advanced Technology 22nd Filing, Community Horticulture Center #MJA 150006 Pertaining To The Gardens On Spring Creek With Conditions. (staff: Cameron Gloss; 10 minute staff presentation; 45 minute discussion) This Ordinance, unanimously adopted on First Reading on May 17, 2016, amends the Planning and Zoning Board decision regarding the Gardens on Spring Creek Master Plan Amendment. The final Council-adopted modification regarding Council review and possible revision to the limit on the number of events at the new facilities has been revised to clarify that Council approval of such an increase, if any, would be by resolution. Staff is also proposing alternative sound wall configurations for Council consideration. 18. Consideration of a motion to waive the City Council's attorney-client privilege for the public disclosure of the May 6, 2016, confidential memorandum from the Boulder City Attorney's Office reporting the results of its investigation concerning the Greeley Municipal Court Judge presiding over a Fort Collins Municipal Court case under an intergovernmental agreement between the Cities of Fort Collins and Greeley that provided for the exchange of judicial services in conflict-of-interest circumstances. (staff: Jeff Mihelich, John Duval; 2 minute staff presentation; 5 minute discussion)  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.)  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.