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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 06/02/2009 - SUMMARY AGENDA COUNCILCity of F6rt Collins CITY D . Doug Hutchinson , Mayor City Council Chambers Kelly Ohlson , District 5 , Mayor Pro Tern City Hall West Ben Manvel , District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins , Colorado Aislinn Kottwitz , District 3 Wade Troxell , District 4 Cablecast on City Cable Channel 14 David Roy, District 6 on the Comcast cable system Darin Atteberry , City Manager Steve Roy, City Attorney Wanda Krajicek, 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 June 2 , 2009 Proclamations and Presentations 5m3O • A . Proclamation Declaring Honor as the Character Focus for the month of June 2009 B . Presentation from the Organizers of the Greeley Independence Stampede . C . Presentation of the Friends of Preservation Awards . Regular • 11 • PLEDGE OF ALLEGIANCE - PRESENTED BYBOY ,S'COUT TROOP 26. 1 . CALL MEETING TO ORDER. 2 . ROLL CALL . * *Recognition of the City Works 101 Graduating Class " 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 • Address your comments to Council,not the audience. 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 CalendarConsent The Consent Calendar consists of Items 6 through 27. 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. 31, 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 May 5, 2009 Regular Meeting 7. Second Reading of Ordinance No. 053,2009,Appropriating Funds From the City's General Fund Reserves for Transfer to the Fort Collins Urban Renewal Authority for the Purpose of Providing a Loan for the Rocky Mountain Innovation Initiative Project. Ordinance No. 053, 2009, unanimously adopted on First Reading on May 12, 2009, authorizes a loan,as authorized by City Council Resolution 2008-121,to the Urban Renewal Authority(URA)in the amount of$5,303,939. The loan will enable the URA to lend Rocky Mountain Innovation Initiative Properties,LLC(RMI2 Properties,LLC)the funds necessary to construct a new facility for the business incubation program. RM12 Properties, LLC is PAGE 3 associated with the Rocky Mountain Innovation Initiative, which runs a successful science and technology incubation program on behalf of the City and other sponsors. 8. Second Reading of Ordinance No. 054, 2009, Authorizing the Transfer of Existing Appropriations from the Downtown Development Authority Fund to the Capital Project Fund for the Building on Basics Pedestrian Plan Project, Linden Street Streetscape Project, Phase I. This Ordinance, unanimously adopted on First Reading on May 19, 2009, appropriates funding from the Downtown Development Authority(DDA)into the project account for the Linden Street streetscape project. This funding may be used for any or all of the following phases of the project: design,engineering,right-of-way,and construction for the segment of Linden Street from Jefferson Street/SH14 north to the Poudre River bridge. The City's matching funds are being provided by existing Building on Basics Pedestrian Plan funds. In addition, the Colorado Department of Transportation has awarded the City $250,000 in funding for this project to help the project achieve the improvements envisioned in the Downtown River District Project, approved by the City and DDA in 2008. 9. Second Reading of Ordinance No. 055, 2009, Authorizing the Transfer of Appropriations from the Downtown Development Authority Fund to the Capital Project Fund. Building on Basics. Intersection Improvements, Jefferson Street/SH14 Project. This Ordinance, unanimously adopted on First Reading on May 19, 2009, appropriates funding from the Downtown Development Authority(DDA)into the project account for the Alternatives Analysis study and recommended improvements to Jefferson Street/SHI4,from North College Avenue to Mountain Avenue. The project includes the intersection of Jefferson, Riverside, Mountain, and Lincoln streets. Funding from the DDA may be used for any or all of the following phases of the project: Alternatives Analysis study, preliminary/final design, engineering,right-of-way,and construction. The City's matching funds are being provided by existing Building on Basics intersection funds. In addition,the Colorado Department of Transportation has awarded the City$1,000,000 in funding for this project to help the project achieve the improvements envisioned in the Downtown River District Project approved by the City and DDA in 2008. 10. Items Relating to Certain Utility Service Programs and Requirements. A. Second Reading of Ordinance No. 056, 2009, Amending Chapter 26, Article VI, of the City Code Relating to Certain Electric Service Programs and Requirements. B. Second Reading of Ordinance No. 057, 2009, Amending Chapter 26, Article III, Division 6 of the City Code Relating to Water Conservation. The two Ordinances, unanimously adopted on First Reading on May 19, 2009, make housekeeping changes to more closely align Code requirements with current utility programs and practices. The changes do not represent any change in policy or direction. There will be no increase or decrease in customers' utility rates. PAGE 4 11. Second Reading of Ordinance No. 058, 2009, Authorizing the Lease of the Collindale Golf Course Residence at 1341 East Horsetooth Road for Up to Five Years. This Ordinance, unanimously adopted on First Reading on May 19, 2009, authorizes a one year lease for the residence at the Collindale Golf Course, with the City having the option to renew the lease for additional one-year terms, up to five years. The leasing of this City- owned property is beneficial in that it will discourage vandalism and reduce the City's costs by having the Tenant pay for the utilities. 12. Second Reading of Ordinance No. 059, 2009, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project (Phase One). The Mason Express ("MAX"), bus rapid transit project is entering into the right-of-way acquisition phase of the project. Project acquisitions have been broken into three phases. This Ordinance, unanimously adopted on First Reading on May 19, 2009, relates to Phase 1 and consists of seven distinct property ownerships. As a critical, federally funded transportation project, City staff requests authorization to utilize eminent domain, if necessary, and only if good faith negotiations break down, in order to ensure a timely acquisition of the necessary property interests. 13. Second Reading of Ordinance No. 060, 2009, Authorizing the Conveyance of a Utility Easement to Tri-State Generation and Transmission Association, Inc. Tri-State Generation and Transmission Association, Inc. ("Tri-State") has requested a connection for transmission facilities between Platte River's transmission system and Tri- State. To facilitate this connection, two new breakers and associated equipment must be installed in the City's Richards Lake Substation. In order for this connection to occur, the City has granted Platte River a License to install facilities that are not specifically designated to provide service to the City. This Ordinance, unanimously adopted on First Reading on May 19, 2009, grants Tri-State an easement to cross the substation property with its connection. 14. Second Reading of Ordinance No. 061, 2009, Amending Chqpter 26 Article VI of the City Code Relating to the Provision of Electric Service. This Ordinance, unanimously adopted on First Reading on May 19, 2009, clarifies that the City is the sole provider of retail electric service with the City. The revised Code has the goal of addressing three key issues. The first is the establishment of service territory protections similar to those afforded investor owned utilities,rural electric associations and other municipal utilities throughout the State. The second goal is to align service area definitions with bond holder expectations. The third goal is to support the development of renewable generation projects, including those owned by third-party entrepreneurs selling electricity at retail within City limits,provided certain conditions are met. PAGE 5 15. Second Reading of Ordinance No. 062, 2009, Amending Chapter 26, Article VI of the City Code Relating to Net Metered Electric Service. This Ordinance, unanimously adopted on First Reading on May 19, 2009, amends Chapter 26,Article VI the City Code to define the net metering requirements for qualifying renewable generation facilities. In light of recent technological and legislative developments,the City intends to formalize its net metering program. Pursuant to a pilot program, the City has offered net metering services to its customers since 2005 through special services contracts. The intent of this amendment to the City Code is to codify the net metering rate in the Utility's existing rates. 16. First Reading of Ordinance No. 063, 2009, Appropriating Prior Year Reserves. City Council authorized expenditures in 2008 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2008 because: • There was not sufficient time to complete bidding in 2008 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies. • The project for which the dollars were originally appropriated by Council could not be completed during 2008 and reappropriation of those dollars is necessary for completion of the project in 2009. • To carry on programs, services, and facility improvements in 2009 with unspent dollars previously appropriated in 2008. In the above circumstances, the unexpended and/or unencumbered monies. lapsed into individual fund balances at the end of 2008 and reflect no change in Council policies. 17. First Reading of Ordinance No.064,2009,Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2009 Adopted City Budget and Authorizing the Transfer of Appropriations to the Capital Projects Fund. The purpose of the previously appropriated funds is for land conservation, construction of public improvements, restoration of wildlife habitat and other natural areas program needs to benefit the citizens of Fort Collins. 18. First Reading of Ordinance No.065,2009,Appropriating Prior Year Reserves in the General Fund for Cultural Development and Programming Activities and the Fort Collins Convention and Visitors Bureau. This Ordinance appropriates lodging tax revenues that were in excess of 2008 budgeted lodging tax receipts to Cultural Development and Programming ("CDP"), Visitor Events, and the Convention and Visitors Bureau("CVB")accounts. Lodging tax revenues for 2008 were estimated to be$746,241 and the 2008 budget appropriated an equal amount. However, actual receipts totaled $833,468 for 2008 and the difference of $87,227 has not been PAGE 6 appropriated. The CDP and Visitor Events accounts each had funds from revenue received and previous year lodging tax allocations which were not used during 2008. The unexpended 2008 funds are: CDP - $75,207, and Visitor Events - $54,031. These funds are in the General Fund reserves for lodging taxes and must be appropriated into the respective CDP and Visitor Events accounts. 19. First Reading of Ordinance No. 066, 2009, Making Various Amendments to the City Land Use Code. Staff has identified a variety of proposed changes, additions and clarifications in the 2009 annual update of the Land Use Code. 20. Items Relating to the Community Development Block Grant Recovery(CDBG-R)Program Authorized by the American Recovery and Reinvestment Act of 2009. A. Resolution 2009-060 Approving the Programs and Projects that Will Receive Funds from the Community Development Block Grant Recovery (CDBG-R) Program. B. First Reading of Ordinance No. 067,2009,Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. The American Recovery and Reinvestment Act of 2009 is an economic stimulus package enacted by the United States Congress and signed into law by President Obama on February 17, 2009. The Act is intended to provide a stimulus to the U.S. economy in the wake of the economic downturn and includes federal tax relief,expansion of unemployment benefits and other social welfare provisions, and domestic spending in education, health care, and infrastructure, including the energy sector. The Act appropriated $1 billion in Community Development Block Grant (CDBG) funds to states and local governments to carry out, on an expedited basis, eligible activities under the CDBG Program. The new CDBG funds are in a program officially called the CDBG Recovery (CDBG-R) Program and are additional/supplemental funds for the City's FY 2008 CDBG Program, which started on October 1,2008. Resolution 2009-050 establishes which programs and projects will receive funding through the additional allocation of$271,137 of FY 2008 CDBG funds through the CDBG-R Program from the U.S. Department of Housing and Urban Development(HUD). The City's amendment to its FY 2008 CDBG Program is due to HUD by Friday June 5, 2009. 21. Items Relating to a Colorado Department of Transportation Grant for the Transit Strategic Plan. A. Resolution 2009-051 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation for Partial Funding of the Development of a Transit Strategic Plan Update. B. First Reading of Ordinance No. 068, 2009, Appropriating Unanticipated Revenue from the Colorado Department of Transportation in the Transit Fund for the Development of the Transit Strategic Plan. PAGE 7 During the 2008-2009 Budgeting for Outcomes (BFO) process, Council chose to fund a $100,000 update to the 2002 Transfort Strategic Operating Plan. This Plan update, also known as the 2009 Transit Strategic Plan, is a partnership between Fort Collins, Loveland, and the Poudre School District. In addition to the Fort Collins $100,000 contribution, Loveland contributed $52,555 to provide an update to Loveland's 2004 COLT Transit Plan, and the Poudre School District contributed $30,000 to conduct analysis regarding student mobility within Fort Collins utilizing Public Transportation. In addition to the local contributions, Transfort received a grant in the amount of$15,000 from CDOT, under Section 5304, a statewide transit planning grant program, to contribute toward the work necessary to complete the 2009 Transit Strategic Plan with a total project budget of$197,555. The 2009 Transit Strategic Plan will provide Fort Collins with the information necessary to update the 2002 Transfort Strategic Operating Plan. The plan update will address changes that have occurred in our transportation network since the completion of the previous plan in 2002,review existing policy, develop a strategic operating plan, and develop a financing and resource utilization plan. 22. Items Relating to the Design of the South Transit Center as Part of the Mason Corridor/MAX BRT Project. A. Resolution 2009-052 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins and the Colorado Department of Transportation for the Design of the South Transit Center. B. First Reading of Ordinance No.069,2009,Appropriating Unanticipated Revenue in the Capitals Projects Fund, Mason Corridor Project for the South Transit Center Project. This funding c6ntract between the City and the Colorado Department of Transportation (CDOT)will allow for work to advance on the design of the South Transit Center, which is an important component of the Mason Corridor/MAX BRT Project. This funding will be used for final design, engineering, and architectural services for the South Transit Center Project. The State SBA funds are part of the City's local matching funds for the Federal Transit Administration federal funding for the overall Mason Corridor Project. The South Transit Center Project will be located on City-owned property which is the current site of the Mason Corridor bicycle/pedestrian trailhead parking area, located west of South College Avenue,near the intersection of Fairway Lane and Fossil Boulevard(approximately 1/2 mile south of Harmony Road). 23. First Reading of Ordinance No. 070, 2009, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Harmony Road and College Avenue Improvements Project. The intersection of College Avenue and Harmony Road is one of the busiest in the City of Fort Collins. Recent growth in the area and new construction along the Harmony Road PAGE 8 corridor has caused additional congestion and traffic delays at the intersection. The improvement project requires acquisition of various real property interests from five different properties which are located at the College/Harmony and Harmony/Mason intersections. This project is partially federally funded through the Colorado Department of Transportation and, since the project will modify College Avenue, which is a State highway, all aspects of the project, including property acquisitions, must comply with procedures for federally funded projects. The acquisition phase of this project will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 as Amended(Public Law 91-646). In accordance with these regulations,property owners must be informed about the possible use of eminent domain and their rights pursuant to Colorado Statute in the official Notice of Interest Letter. The authorization from City Council is needed prior to sending this information to property owners. This letter is the first official step in the acquisition phase and happens prior to the appraisals. Staff has developed a recommended timeline which would allow construction to begin in February, 2010. Given the recommended construction schedule for the project and the fact that the acquisitions must be conducted under procedures for federally funded projects, timely acquisition of the property interests is necessary. Therefore, staff is requesting authorization to use eminent domain for all property acquisitions,if such action is necessary. 24. Resolution 2009-053 Authorizing the Execution of Grant Agreement 09-FNL-SO 1 With the State of Colorado for Fundingto o Acquire Snow Removal Equipment at the Fort Collins- Loveland Municipal Airport. The Fort Collins-Loveland Airport is being offered a grant from the State to assist with the purchase of snow removal equipment. The Airport purchased a used snow plow truck and snow plow blade from the Denver International Airport("DIA") in the amount of$15,000. The State Grant Agreement is in the amount of$7,500 and will be used to reimburse the Airport for half the purchase cost. The snow removal equipment will increase the safety of the Airport and reduce the time needed to clear the Airport runways and taxiways of snow and ice. 25. Resolution 2009-054 Approving an Exemption to the Use of a Competitive Process for a Contract with Positive Energy for a Community Benchmarking Program to Reduce Energy Use. This program will be purchased directly from Positive Energy for a first year cost of $310,000. The program utilizes targeted,integrated communications with advanced software analytics and behavioral science principles to inform customers about their usage and motivate them to conserve. The money for the purchase of this program is budgeted and available in the Energy Efficiency budget of the Light and Power Fund. 26. Resolution 2009-055 Authorizing a Revocable Permit to the Fort Collins Velodrome Association to Conduct a Bicycle Race Event Series on City Property. The Fort Collins Velodrome Association has contacted City staff with an interest in hosting a bike race event series on the Streets Department property located at 625 Ninth Street. The events would be held Tuesday nights starting June 16th and would run through July 7,2009. PAGE 9 Since the Streets Department is not property that is generally made available for use by outside groups under the City's Administrative Policies or the City Code,the City must issue a revocable permit to the Association to use the City Property. The Streets Department location was identified for the event because of the large property layout,pavement in good conditions, and it is possible to create a 1-kilometer criterium race course on the site. City involvement with this event will fulfill the City's Bicycle MasterPlan recommendations with respect to supporting local bicycle sporting events and would add to the overall greater goal of promoting Fort Collins as a cycling Mecca in Northern Colorado. 27. Resolution 2009-056 Making an Appointment to the North Front Range Transportation and Air Quality Planning Council. This Resolution changes the current appointment to the North Front Range Transportation and Air Quality Planning Council (aka Metropolitan Planning Organization"MPO") from Councilmember David Roy to Councilmember Ben Manvel. END CONSENT 28. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 29. Staff Reports. 30. Councilmember Reports. Discussion 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. THERE ARE NO DISCUSSION ITEMS. PAGE 10 31. Pulled Consent Items. 32. Other Business. a. Cancellation of Regular Council Meeting of June 16, 2009 b. Motion to adjourn to 6 p.m, Tuesday, June 9, 2009. 33. 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. FORT COLLINS , O f urban renewal authority rn Doug Hutchinson, President City Council Chambers Kelly Ohlson, Vice-President City Hall West Ben Manvel 300 LaPorte Avenue Lisa Poppaw Fort Collins, Colorado Aislinn Kottwitz Wade Troxell At the conclusion of the Regular Meeting David Roy Cablecast on City Cable Channel 14 on the Comcast cable system Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Krajicek, 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. MEETING AGENDA June 2, 2009 1. Call Meeting to Order. 2. Roll Call. 3. Resolution No. 018 Approving a Financial Agreement Between the Fort Collins Urban Renewal Authority and Kaufman and Robinson Inc. for a New Building Project at 1330 Blue Spruce. Kaufman and Robinson,Inc.("Project Applicant")is proposing to build anew 10,000 square foot commercial building at 1330 Blue Spruce Drive to expand from its current location at 1306 Blue Spruce Drive (two parcels south) in the North College area. Its need for a new building is driven by the continuing growth of this locally owned company. This project has site constraints with stormwater drainage and a utility infrastructure deficiency, hence the project applicant has requested URA participation for public improvements totaling up to $215,000, without financing costs. Staff believes this project will allow a viable business to expand its primary employment and retain jobs,maintaining its business within the North College area and lead by example in tremendous water conservation technology. 4. Other Business. 5. Adjournment.