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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 10/06/2015 - 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 City Cable Channel 14 Ross Cunniff, District 5 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 (TDD 224- 6001) for assistance. Regular Meeting October 6, 2015 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring October 4-10, 2015, as Public Power Week. B. Proclamation Declaring October as Conflict Resolution Month. C. Proclamation Declaring October as Domestic Violence Awareness Month. D. Proclamation Declaring December as Riverside Technology, inc. 30th Anniversary Celebration. 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. 1. Consideration and Approval of the Minutes of the September 1 and September 15, 2015 Regular Council Meetings. The purpose of this item is to approve the minutes from the September 1 and September 15 Regular Council Meetings. City of Fort Collins Page 3 2. Items Relating to the Kechter Farm Second Filing Annexation and Zoning. A. Second Reading of Ordinance No. 099, 2015, Annexing Property Known as the Kechter Farm Second Filing Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 100, 2015, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Farm Second Filing Annexation to the City of Fort Collins. These Ordinances, unanimously adopted on First Reading on August 18, 2015, annex and zone 78.58 acres platted and approved in Larimer County as Kechter Farm Second Filing. There are three parcels all located on the west side of Ziegler Road, south of Kechter Road and north of Fossil Creek Reservoir. Trilby Road bisects the site. The requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood (37.48 acres) on Parcels One and Two, and U-E, Urban Estate (41.1 acres) on Parcel Three. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, adopted in 1999, properties within this sub-area are to receive their land use approval in the County and are then to be annexed prior to the issuance of building permits. This approval was received from Larimer County on September 1, 2015. 3. Second Reading of Ordinance No. 114, 2015, Appropriating Unanticipated Federal Grant Revenue into the Capital Project Fund for the Pitkin Street Low Stress Network Corridor Improvements. This Ordinance, unanimously adopted on First Reading on September 15, 2015, appropriates unanticipated federal grant funds of $593,000 into the Pitkin Street Low Stress Corridor Improvements Project. This project will design and construct bicycle and pedestrian routes and crossings along the Pitkin Street Corridor between Overland Trail and Riverside Avenue. $148,250 in local matching funds are available in the previously appropriated Building on Basics-Bicycle Plan Implementation. 4. Second Reading of Ordinance No. 115, 2015, Authorizing the Transfer of Previously Appropriated Funds in the Storm Drainage Fund From Individual Stormwater Basin Capital Projects, Including All Sub-Projects and Encumbrances, into the Stormwater Basin Improvement Capital Project. This Ordinance, unanimously adopted on First Reading on September 15, 2015, corrects a process issue with the language of previously adopted Ordinance No. 074, 2015, which transferred only the unallocated main Capital Project funds of the Stormwater Enterprise. The language of that Ordinance inadvertently did not include the associated existing sub-project Business Units and encumbrances. For proper accounting purposes and accuracy with the City's financial system, JDEdwards, it is necessary to include the transfer of all existing Business Unit funds and encumbrances within each Capital Project. This Ordinance corrects that oversight. 5. Items Relating to Marijuana Code Amendments. A. Second Reading of Ordinance No. 116, 2015, Amending Section 15-608 of the Code of the City of Fort Collins to Limit to One the Number of Marijuana Store Fronts on the Same Contiguous Property. B. Second Reading of Ordinance No. 117, 2015, Amending Sections 15-613 and 15-614 of the Code of the City of Fort Collins to Clarify the Standard for Persons Prohibited as Licensees and to Require a Six Month Waiting Period for Reapplication of a License for Any Applicant Denied a License by the Marijuana Licensing Authority on the Basis of False, Misleading, or Fraudulent Statements or Intentional Omissions of Pertinent Information. C. Second Reading of Ordinance No. 118, 2015, Amending Article IX of Chapter 12 of the Code of the City of Fort Collins to Prohibit Marijuana Plants to be Cultivated or Kept Within Mixed-Use Buildings and Fraternity and Sorority Houses. City of Fort Collins Page 4 D. Second Reading of Ordinance No. 119, 2015, Amending Section 17-194 of the Code of the City of Fort Collins to Prohibit the Use of Alcohol or Ethanol in the Extraction of THC or Other Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Products Manufacturing Facilities. These Ordinances, unanimously adopted on First Reading on September 15, 2015, amend various provisions of the City Code related to marijuana. The City of Fort Collins and local marijuana businesses are just over a year into the licensing and operational processes, and over the course of this time, the State has enacted new legislation and staff has identified gaps in the existing City Code provisions. Staff anticipates periodic amendments as this industry matures. 6. Items Relating to Amendments to the Fort Collins Traffic and City Code Regarding Bicycle Regulations. A. Second Reading of Ordinance No. 120, 2015, Amending the Fort Collins Traffic Code and Adding to it a New Part 21 Regulating Bicycles. B. Second Reading of Ordinance No. 121, 2015, Amending Section 1-15 of the Code of the City of Fort Collins Regarding the Application of the Traffic Calming Surcharge to Bicycle Traffic Infractions. These Ordinances, unanimously adopted on First Reading on September 15, 2015, reorganize the provisions regulating bicycles in the Fort Collins Traffic Code to enhance citizen accessibility of the bicycle laws, to increase citizen understanding of such laws, and to remove the $35 Traffic Calming Surcharge that is currently assessed on bicycle tickets. 7. Second Reading of Ordinance No. 122, 2015 Amending Division 1 of Article II of Chapter 2 of the Code of the City of Fort Collins to Add a New Section to Provide for Participation by Boards and Commissions in Ad Hoc Review of Additional Issues on Request. This Ordinance, unanimously adopted on First Reading on September 15, 2015, amends the City Code to allow City boards and commissions, upon request of the City Council or the City Manager, to participate in review and consideration of specified matters. This will allow participation at "Super Issue" meetings by board and commission members. 8. First Reading of Ordinance No. 123, 2015, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts between Funds or Projects. The purpose of this annual budget adjustment ordinance is to combine dedicated and unanticipated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2015 annual budget appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. 9. First Reading of Ordinance No. 124, 2015, Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Project Fund for the Lemay and Vine Intersection Project. The purpose of this item is to appropriate $244,723 of prior year reserves from the Street Oversizing Fund and authorize the transfer of appropriations from the Street Oversizing Fund into the Capital Project Fund for the Lemay and Vine Intersection Project. The Engineering Department is currently working on the conceptual design and alternatives analysis for realigned Lemay Avenue and Suniga Drive, northeast of the existing Lemay and Vine intersection. The opportunity has come up to purchase road right-of-way and utility easements, per the City’s Master Street Plan, for realigned Lemay Avenue and Suniga Drive within the Kederike parcel. The purchase of the road right-of-way and easements has been portioned out between an Engineering Capital obligation and a Street Oversizing obligation. City of Fort Collins Page 5 10. First Reading of Ordinance No. 125, 2015, Appropriating Prior Year Reserves in the Capital Project Fund for the Building on Basics Intersection Improvements and the Street Oversizing Fund into the Capital Projects Fund for the Timberline Road–Drake Road to Prospect Road Improvement Project, and the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is to appropriate $1,300,000 of prior year reserves from the Building on Basics Fund and appropriate $200,000 of prior year reserves from the Street Oversizing Fund (total appropriation of $1,500,000) into the Capital Project Fund for the “Timberline Road-Drake Road to Prospect Road” Improvement Project. The initial budget for this project was established in 2013. Between conceptual planning in early 2013 and final design in late 2015, construction prices have risen between 30% and 50%. This appropriation will allow staff to finalize the design and construction of: safety, multi-modal, operational, and landscape improvements. The project will be constructed in 2016. 11. First Reading of Ordinance No. 126, 2015, Appropriating Unanticipated Grant Revenue into the Storm Drainage Fund for the Flood Warning System Enhancements Project. The purpose of this item is to appropriate $125,037 in grant revenues from the State of Colorado Department of Homeland Security - Office of Emergency Management (DHSEM). The project consists of Stormwater Flood Warning System (FWS) capital outlays that include purchase of new data management software, new communications hardware, and installation of three new gauges (the Project). To meet federal guidelines for reimbursement, it is necessary to account for all project expenditures for the full amount of the grant award, or $142,900, of which 75% ($107,175) will be reimbursed by the US Office of Federal Emergency Management (FEMA), 12.5% ($17,862) by DHSEM, and 12.5% ($17,862) from previously appropriated local matching funds (the City of Fort Collins Utilities). 12. Postponement of First Reading of Ordinance No. 107, 2015, Amending Section 23-130 of the Code of the City of Fort Collins Regarding the Disposition of Lost, Abandoned or Other Unclaimed Property to November 17, 2015. Staff requests postponement of First Reading of Ordinance No. 107, 2015, to November 17, 2015 to allow for further clarification on procedures and decision making processes (flow chart) to distinguish personal property from abandoned property. Staff presented this Ordinance for First Reading on September 1, 2015. At that time, Council voted to postpone First Reading to October 6 and requested that staff meet with local service providers to determine how the providers may assist in the collection of a redistribution of abandoned property. A meeting with the service providers has been scheduled for September 22, 2015. Based on this feedback, staff will continue to meet to refine this process. 13. First Reading of Ordinance No. 127, 2015 Authorizing a Lease of City-Owned Property at City Park North Ball Field to Verizon Wireless (VAW) LLC for the Installation of Antennas and Related Facilities, and Associated Access and Utility Easements. The purpose of this item is to add an antenna array to an existing City-owned 90.6 foot light pole and lease 375 square feet of ground space to Verizon Wireless. This array would be located approximately 65 feet above the ground and accompany two other arrays currently on the pole. Additional ground space for related communication equipment cabinets would be installed adjacent to the current carriers’ equipment. This will be located at 137 South Bryan Avenue, which is the City Park north ball field. END CONSENT City of Fort Collins Page 6  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS  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. 14. Resolution 2015-086 Adopting the 2015-2019 Affordable Housing Strategic Plan. (staff: Sue Beck-Ferkiss, Beth Sowder, Clay Frickey; 10 minute staff presentation; 20 minute discussion) The purpose of this item is to adopt the 2015-2019 Affordable Housing Strategic Plan, which will guide the City's affordable housing policy and funding for the next five years. 15. First Reading of Ordinance No. 113, 2015, Appropriating Prior Year Reserves in the General, Capital Expansion and Street Oversizing Funds to Reimburse Woodward, Inc. For Development Fees and Capital Improvement Expansion Fees. (staff: Peggy Streeter, Mike Beckstead; 5 minute staff presentation; 15 minute discussion) The purpose of this item is to appropriate $180,994 of prior year reserves for a rebate to Woodward for fees under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). 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. 16. Resolution 2015-087 Appointing Two Councilmembers to Serve as Representatives at the Larimer County Solid Waste / Resource Recovery Forum. (staff: Honore Depew, Lucinda Smith, Susie Gordon; 3 minute staff presentation; 5 minute discussion) The purpose of this item is to appoint two City Councilmembers to represent the City of Fort Collins at the Solid Waste/Resource Recovery Forum, a regional forum on waste reduction and recycling, to be held on Wednesday, October 14, 2015. City of Fort Collins Page 7  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. After the Regular Council Meeting, a Council work session will be held in the CIC City of Fort Collins Page 1 Wade Troxell, Mayor Council Information Center (CIC) 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 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 (TDD 224- 6001) for assistance. City Council Work Session October 6, 2015 After the Regular Council Meeting, which begins at 6:00 p.m.  CALL TO ORDER. 1. Timing of Community Improvement Program Projects (Dedicated ¼-cent). (staff: Ginny Sawyer, Darin Atteberry: 5 minute staff presentation; 30 minute discussion) The purpose of this item is to discuss and confirm project timing for projects approved in April 2015 as part of the ¼-cent Community Improvement Program. The Program includes 17 funds and projects to be implemented between 2016 and 2025. Capital Projects: Carnegie Building- $1.7M City Park Train- $350K Club Tico- $250K Poudre River/Whitewater Park- $4M Gardens Visitor’s Center- $2M Lincoln Bridge- $5.3M Linden Street- $3M SE Community Center- $14M Willow Street- $3.5M Funds: Affordable Housing- $4M Arterial Intersections- $6M Bike Infrastructure- $5M Bike/Ped Crossings- $6M Bus Stops-$1M Nature in the City- $3M Sidewalks- $14M Bus Replacement- $2M City of Fort Collins Page 2 2. Addition of Permitted Use (APU) Review Procedures. (staff: Laurie Kadrich, Tom Leeson; 10 minute staff presentation; 30 minute discussion) The purpose of this item is to request feedback from Council on the review procedures for Addition of Permitted Use (APU) applications. On September 1, 2015, City Council approved revisions to the APU process whereby the Planning and Zoning Board will make the final decision on a development application associated with those APU requests located within 8 prescribed residential zone districts and make a recommendation to the Council regarding the APU request. Council will then make a final decision on the APU request. Direction is being sought from City Council on the APU review procedures since the adopted City Council procedures for meetings and work sessions do not address how hearings for quasi-judicial proceedings such as APU and rezoning applications are to be conducted.  OTHER BUSINESS.  ADJOURNMENT.