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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 07/17/2007 - SUMMARY AGENDAREGULAR MEETING AGENDA STORMWATER UTILITY ENTERPRISE July 17, 2007 Doug Hutchinson, Mayor Council Information Center Kelly Ohlson, District 5, Mayor Pro Tem City Hall West Ben Manvel, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Diggs Brown, District 3 After the Regular Council Meeting Wade Troxell, District 4 Cablecast on City Cable Channel 14 David Roy, District 6 on the Comcast cable system 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. 1. Call Meeting to Order. 2. Roll Call. 3. Consideration and Approval of Minutes from the June 19, 2007 Meeting. 4. Second Reading of Ordinance No. 008, Authorizing the Issuance of City of Fort Collins, Colorado, Stormwater Utility Enterprise, Stormwater Utility Revenue Refunding Bonds, Series 2007A and Series 2007B, in the Maximum Aggregate Principal Amount of $21,820,000. The City of Fort Collins and its Stormwater Utility Enterprise have issued bonds to fund needed capital improvements that provide a storm drainage service to property owners within the city. In 1997 and 1999, the City issued $9,465,000 and $19,980,000, respectively, to provide funding for capital improvements in various stormwater basins within the city. According to the provisions of the bonds, all or a portion of the 1997 bonds are eligible to be refinanced, and a portion of the 1999 bonds are eligible to be refinanced. Approximately 25% of the overall aggregate amount of $21,820,000 will be assigned to the Series B, which will close by September 4th, the earliest date allowed by the 1997 bonds. However, the larger portion of the refunding (75% of the $21,820,000) will be assigned to Series A and is estimated to close by early August. This arrangement provides the City and its Stormwater Utility Enterprise the greatest amount of flexibility for pricing the bonds. They will be paying off higher cost bonds with new bonds that will have much lower interest rates. The refunding Bonds in this Ordinance will likely carry interest rates under 4.25%, but the final rates will be a function of the market and are subject to change. 5. Other Business. 6. Adjournment. REVISED July 16, 2007 REGULAR MEETING AGENDA FORT COLLINS CITY COUNCIL July 17, 2007 Doug Hutchinson, Mayor City Council Chambers Kelly Ohlson, District 5, Mayor Pro Tem City Hall West Ben Manvel, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Diggs Brown, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 David Roy, District 6 on the Comcast cable system 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. Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring “Humility” as the Community Character Focus for July 2007. B. Proclamation Declaring August 7, 2007 as “Neighborhood Night Out.” C. Proclamation Declaring the Year 2008 as “Year of the Heart.” Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. PAGE 2 3. CITIZEN PARTICIPATION (limited to 30 minutes) 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 is not allowed ! Keep comments brief; if available, provide a written copy of statement to City Clerk 4. CITIZEN PARTICIPATION FOLLOW-UP: This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen Participation. 5. AGENDA REVIEW: CITY MANAGER Consent Calendar The Consent Calendar consists of Items 6 through 16. 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 to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Item No. 24, Pulled Consent Items. 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. 6. Consideration and Approval of the Minutes of the June 5, 2007 and June 19, 2007 Regular Meetings and the Adjourned Meetings of June 12, 2007 and June 25, 2007. 7. Second Reading of Ordinance No. 079, 2007, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Stormwater Utility Enterprise, Stormwater Utility Revenue Refunding Bonds, Series 2007A and Series 2007B, in the Maximum Aggregate Principal Amount Of $21,820,000 in the Stormwater Utility Fund. The Board of the Stormwater Utility Enterprise will be considering at its next meeting, which is scheduled to take place after the regular July 17, 2007 Council meeting, Ordinance No. 008 of the Board of the Stormwater Utility Enterprise, which authorizes the issuance of City of Fort Collins Colorado, Stormwater Utility Enterprise, Stormwater Utility Revenue Refunding Bonds, Series 2007A and Series 2007B, in the Maximum Aggregate Principal Amount of $21,820,000. The Bonds will be issued to refund, pay and discharge all or a PAGE 3 portion of the outstanding Storm Drainage Revenue Refunding Bonds and Improvement Bonds, Series 1997, and a portion of the outstanding Storm Drainage Revenue Bonds, Series 1999. Approximately 25% of the overall aggregate amount of $21,820,000 will be assigned to the Series B, which will close by September 4th, which is the earliest date allowed by the 1997 bonds. However, the larger portion of the refunding (75% of the $21,820,000) will be assigned to Series A and is estimated to close by early August. This arrangement provides the City the greatest amount of flexibility for pricing the bonds. The City will be paying off higher cost bonds with new bonds that will have lower interest rates. The passage of Amendment 1 (the TABOR Amendment) by the Colorado voters in 1992, required the City to form enterprises in order for its utilities to be able to issue municipal bonds without an election. Since that time, all utility bonds have been issued by the appropriate utility enterprise. However, the City Charter grants only the Council the power to appropriate the funds. Therefore, this action by the Council is necessary in order to appropriate the bond proceeds for the Stormwater Utility. Authorizing the issuance of the bonds and appropriating the proceeds are both necessary to complete the bond transaction. 8. Second Reading of Ordinance No. 080, 2007, Amending Section 2-671 of the City Code Pertaining to Emergency Management Provisions. This Ordinance, unanimously adopted on First Reading on June 19, 2007, amends City Code Section 2-671 to change the name of the Colorado state agency responsible for emergency management from “State Division of Disaster Emergency Services” to its current title of “Colorado Division of Emergency Management.” The amendment provides a general term for the state agency that will allow for any future reorganization and renaming of the State office so that the Code need not be amended each time the State makes changes. 9. Second Reading of Ordinance No. 081, 2007, Making Various Amendments to the Land Use Code. This Ordinance, unanimously adopted on First Reading on June 19, 2007, makes a variety of proposed changes, additions and clarifications identified by staff in the Spring 2007 biannual update of the Land Use Code. 10. First Reading of Ordinance No. 082, 2007, Amending Section 23-115 of the City Code to Allow for the Vacation of City Right-of-Way in Situations Where the Vacated Right-of-Way Will Still Be Used For Other Public Purposes. Section 23-115 of the City Code establishes a process whereby the City Council may vacate public rights-of-way in the City. It requires a finding by the Council that the public right-of- way to be vacated is no longer needed for “any public” purpose. Sometimes it may be in the best interests of the City to vacate a right-of-way even though the real property underlying the right-of-way may still be needed and used for some other municipal purpose such as utility lines. Therefore, the wording of Section 23-115(a) should be changed to better address this type of situation. PAGE 4 11. First Reading of Ordinance No. 083, 2007, Calling a Special Municipal Election to Be Held in Conjunction with the November 6, 2007 Larimer County Coordinated Election. This Ordinance calls a Special Municipal Election to be held in conjunction with the November 6, 2007 Larimer County Coordinated Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. 12. Resolution 2007-059 Finding Substantial Compliance and Initiating Annexation Proceedings for the McClelland's Creek PD & PLD Second Filing Annexation. The applicant, Stanley K. Everitt, on behalf of the property owners, McCreek, LLC, has submitted a written petition requesting annexation of 44.3 acres located at the southwest corner of Kechter Road and Strauss Cabin Road. McClelland's Creek runs along the southwest corner and Zach Elementary School is directly west of the property. The property is undeveloped and is in the FA-1 Farming District in Larimer County. The requested zoning for this annexation is LMN - Low Density Mixed-Use Neighborhood. The surrounding properties are currently zoned FA-1 Farming in Larimer County to the east, LMN - Low Density Mixed-Use Neighborhood in the City and FA-1 Farming in Larimer County to the north, FA-1 Farming in Larimer County to the south, and LMN – Low Density Mixed-Use Neighborhood in the City to the west. 13. Resolution 2007-060 Finding Substantial Compliance and Initiating Annexation Proceedings for the Rein Annexation. The Rein Annexation is 1.52 acres in size. The site is located 1038 West Vine Drive, between North Shields Street and Wood Street. Contiguity with the existing municipal boundary is gained along the entire southern and western boundaries. The proposed Resolution states that it is the City’s intent to annex this property and directs that the published notice required by State law be given of the Council’s hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on August 21, 2007. Not less than 30 days prior, published notice is required by State law. 14. Resolution 2007-061 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements. The guidelines for the Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide a three-tiered funding system. Organizations may apply for grants from these accounts to fund community events. Tier #1 was established as an annual programming fund for organizations whose primary purpose is to present three or more public events annually. These groups may apply for funding from Tier #1 each April. Tier #2 allows organizations that are not eligible for Tier #1 support to apply for funding of events that are not fund-raising in nature and do not generate more than $5,000 in proceeds after expenses. Tier #3 allows organizations that are not eligible for Tier #1 support to apply for funding of events that generate more than $5,000 in proceeds after expenses and are fund-raising in nature. Applications for support from Tier #2 and Tier #3 are accepted each January and June. PAGE 5 Disbursements from funds in the City's Cultural Development and Programming and Tourism Programming accounts as shown on Exhibit “A” to the Resolution were recommended by the Cultural Resources Board at its regular meeting of June 27, 2007 for Tier #2 and Tier #3 applicants. Limited funds were distributed from the Tourism Account (Fund 2) during this session. The Cultural Resources Board is working with the Convention and Visitor's Bureau to establish a Cultural Entrepreneurial and Innovation Tier to further the Board's vision of “making Fort Collins a cultural center and destination.” Applications for this Tier will be accepted starting in 2008. 15. Resolution 2007-063 Filling a Vacancy for the City’s Appointed Director on the Platte River Power Authority Board of Directors. The Platte River Board of Directors is comprised of two representatives from each of the four member cities. The Mayor (or Mayor’s designate) fills one slot and the second representative is appointed by the Council. Utilities General Manager Mike Smith has served as the City’s representative since 1998. Mr. Smith has resigned from his employment with the City effective July 30, 2007, and a representative needs to be appointed to complete the remainder of his term. This Resolution appoints City Manager Darin Atteberry to replace Mike Smith for the term which expires December 31, 2008, or until such appointment is changed by the Council. 16. Resolution 2007-064 Making Appointments to Various Boards and Commissions. Vacancies currently exist on the Affordable Housing Board due to the resignations of Rachel Davis and Kevin Brinkman. Applications were solicited and Councilmembers Poppaw and Brown conducted interviews. The interview team is recommending Ben Blonder and Marie Edwards to fill the vacancies with terms to begin immediately and set to expire on December 31, 2009 and December 31, 2011 respectively. A vacancy currently exists on the Community Development Block Grant Commission which was not filled during the annual appointment process. Applications were solicited, Mayor Hutchinson and Councilmember Manvel conducted interviews and are recommending Tom LeSavage to fill the vacancy with a term to begin immediately and set to expire on December 31, 2009. Vacancies currently exist on the Commission on Disability due to the resignations of Robert Gerk and Joan Cook. Applications were solicited and Mayor Hutchinson and Councilmember Poppaw conducted interviews. The Council interview team is recommending Laura Burnett to fill one vacancy with a term to begin immediately and set to expire December 31, 2011. Interviews will be scheduled later this month for consideration of filling the second vacancy. A vacancy currently exists on the Human Relations Commission due to the resignation of Lisa Poppaw. Applications were solicited and Councilmembers Poppaw and Brown conducted interviews. The Council interview team is recommending Kelly Evans to fill the vacancy with a term to begin immediately and set to expire on December 31, 2010. PAGE 6 Vacancies currently exist on the Land Conservation and Stewardship Board due to the resignations of Michelle Brown and Greg Snyder. Mayor Hutchinson and Councilmember Manvel reviewed the applications on file and are recommending Trudy Haines and Raymond Boyd to fill the vacancies with terms to begin immediately and set to expire on December 31, 2008. A vacancy currently exists on the Senior Advisory Board due to the resignation of Matt Malcolm. Applications were solicited. Mayor Hutchinson and Councilmember Manvel conducted interviews and the Council interview team is recommending Matthew Jackson to fill the vacancy with a term to begin immediately and set to expire on December 31, 2008. A vacancy currently exists on the Telecommunications Board due to the resignation of Robert Reichenberger. Councilmembers Roy and Ohlson reviewed the applications on file. The Council interview team is recommending Joseph Schneider to fill the vacancy with a term to begin immediately and set to expire on December 31, 2011. Vacancies currently exist on the Transportation Board due to the resignations of Rick Price and Jeannette Hallock-Solomon. Applications were solicited and Councilmembers Troxell and Ohlson conducted interviews. The Council interview team is recommending Shane Miller and Scott Vantatenhove to fill the vacancies with terms to begin immediately and set to expire on December 31, 2008 and December 31, 2010 respectively. Vacancies currently exist on the Women’s Commission due to the resignations of Mona Schatz and Shelby Maier. Applications were solicited. Councilmembers Roy and Brown conducted interviews and are recommending Hollie Kopp and Mary Beth Lathrop to fill the vacancies with terms to begin immediately and set to expire on December 31, 2009. A vacancy currently exists on the Youth Advisory Board due to the resignation of Ryan Hennig. Applications were solicited. Councilmember Poppaw and Mayor Hutchinson conducted interviews. The Council interview team is recommending Josh Disney to fill the vacancy with a term to begin immediately and set to expire on December 31, 2011. END CONSENT 17. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 18. Staff Reports. 19. Councilmember Reports. PAGE 7 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. 20. Resolution 2007-065 Authorizing the City Manager to Execute a Capital Funding Grant Agreement with the Federal Aviation Administration for Improvements at the Fort Collins- Loveland Airport. (no staff presentation - 15 minute discussion) This Resolution authorizes the approval of an FAA Grant Agreement in the amount of $1 million for making improvements to the Fort Collins-Loveland Municipal Airport. Work to be completed with these funds includes construction of a new taxiway, rehabilitation of taxi lanes, improve airport drainage and conduct a Wildlife Assessment Study 21. Resolution 2007-066 Concerning Implementation of Standards Created by Amendments to the Public Utility Regulatory Policies Act of 1978 by the Utility. (10 minute staff presentation - 20 minute discussion) In August 2005, the United States Congress adopted the Federal Energy Policy Act of 2005 (P.L. 109-58), which amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to require state regulatory authorities and certain nonregulated utilities to conduct assessments regarding the implementation of federal standards relating to net metering, smart metering and interconnections. Because the City of Fort Collins Electric Utility (the “Utility”) has retail sales in excess of 500 million kWh, it is subject to these PURPA provisions. PURPA, as amended, requires that regulatory authorities and utilities consider the standards after notice and public hearing and to make a determination in writing whether or not to implement such standards. A regulatory agency or utility may determine that it is not appropriate to adopt a particular standard and may decline to do so as long as it sets forth its reasons in writing. Staff recommends that Council consider each of the PURPA standards and that the Resolution be adopted as written. PAGE 8 22. Resolution 2007-062 Authorizing the City Manager to Appoint a Task Force of Citizens to Make Recommendations Regarding the Display of Religious Symbols on Public Property. (20 minute discussion) In the past, Council has received requests from citizen groups wishing to display, on City- owned property, symbols associated with the winter holiday season, some of which are religious in nature. This Resolution authorizes the City Manager to appoint a citizen task force to review this issue and recommend possible modifications to the City’s holiday display policy and/or the provisions of the City Code pertaining to unattended displays on City property. 23. Resolution 2007-067 Making an Appointment to the Water Board. (no staff presentation - 15 minute discussion) A vacancy currently exists on the Water Board due to the resignation of Paul Czarnecki. Councilmembers Roy and Brown conducted interviews but did not agree on a recommendation for the Water Board. The Council interview team wishes to submit two names (Ted Borstad and Gary Wockner) for Council’s consideration for that position. 24. Pulled Consent Items. 25. Other Business. A. Report and Consideration of City’s West Nile Policy. B. Consider Adjourning into Executive Session to Discuss Land Acquisition. 26. 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.