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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 12/01/2009 - SUMMARY AGENDAurban renewal authority 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 after the Regular Council meeting Wade Troxell 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 December 1, 2009 1. Call Meeting to Order. 2. Roll Call. 3. Consideration and Approval of the Minutes of the October 20, 2009 Urban Renewal Authority Meeting. 4. Resolution No. 022 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. (staff: Christina Vincent; 5 minute staff presentation; 15 minute discussion) Kaufman and Robinson, Inc. (Project Applicant) is proposing to build a new 10,000 sq. ft. 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. The need for a new building is driven by the continuing growth and expansion efforts of this locally owned company. At the June 2, 2009, URA Board meeting, the Board indicated that it would like to see more green building in this project, however not necessarily LEED. The comment was made to the applicant to suggest that integration of green building into the project may warrant additional tax increment financing (TIF). The applicant has approached staff with the option to increase the awarded amount of TIF from $215,000 to $269,000 by identifying several green building techniques into the project. The above mentioned costs do not include financing costs. Staff’s opinion is that this project will allow a viable business to build a new facility with sustainable features, expand its primary employment and retain jobs, maintain its business within the North College area, and lead by example in tremendous water conservation technology. 5. Resolution No. 023 Adopting a Budget for the Fort Collins Urban Renewal Authority. (staff: Joe Frank, Chuck Seest; 5 minute staff presentation; 10 minute discussion) The sum of $430,000 is anticipated to be collected from the tax increment generated within the North College Avenue Urban Renewal Authority Plan Area for fiscal year 2010. The tax increment will be collected in the Debt Service Fund and then transferred to the Operating Fund as debt is created between the City and the URA and or outside third parties for larger projects. The estimated year-end fund balance of $250,000 in the URA Operating Fund will be the source for the following recommended operating appropriations: • $195,166 for administrative expenses (includes all or a portion of three positions in the City Planning and Community Development Department). The anticipated tax increment in the URA Debt Service Fund will be the source for the following recommended debt service appropriations: • $283,330 in annual debt service on the loan from the City of Fort Collins’ Stormwater Utility approved by City Council on April 4, 2006 and the loan for the North College MarketPlace Project approved by City Council on May 5, 2009. 6. Other Business. 7. Adjournment. 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 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 December 1, 2009 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring Initiative as the Character Focus for December 2009. 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 ! 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 Consent Calendar The Consent Calendar consists of Items 6 through 20. 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. 25, 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 October 20, 2009 Regular Meeting and the October 27, 2009 Adjourned Meeting. 7. Second Reading of Ordinance No. 126, 2009, Appropriating Prior Year Reserves in the General Employees’ Retirement Plan. The City Council created the General Employees' Retirement Plan in 1971 to provide a retirement benefit in addition to the Social Security system. The plan has an allowance for election of single-sum payments by the members. The Plan has distributed over $1.5 million in single-sum payments to seven Plan members through the end of October 2009. This amount was greater then what was budgeted at the beginning of 2009 and is the primary reason for this appropriation. This Ordinance, PAGE 3 unanimously adopted on First Reading on November 17, 2009, appropriates $1,200,000 from prior year reserves in the trust fund. 8. Second Reading of Ordinance No. 127, 2009, Authorizing the Sublease to Larimer County of Portions of the Fossil Creek Reservoir Property Leased by the City from North Poudre Irrigation Company. This Ordinance, unanimously adopted on First Reading on November 17, 2009, authorizes a new sublease between the City and County will allow the County the ability to continue enforcing County regulations on the south shore of the Fossil Creek Reservoir. 9. Second Reading of Ordinance No.129, 2009, Authorizing the Conveyance of a Temporary Construction Easement on Cathy Fromme Prairie Natural Area to Larimer County for the Fossil Creek Restoration Project. The Larimer County Engineering Department is working on the Fossil Creek Restoration Project, designed to restore a portion of the existing Fossil Creek Channel. In 1972, approximately 1,300 feet of Fossil Creek was shifted to its current location in order to facilitate the operation of the Landfill. The current location of the Channel is on the Larimer County Landfill property, just south of the boundary of Cathy Fromme Prairie Natural Area. This section of Fossil Creek has eroded downward as much as 12 feet and is beginning to widen due to continued erosion. This erosive process now threatens an adjacent existing sewer main and the Landfill liner. To prevent the failure of the sewer main and the Landfill liner, Larimer County is proposing to move Fossil Creek back into a historic channel located on Cathy Fromme Prairie Natural Area. This Ordinance, unanimously adopted on First Reading on November 17, 2009, authorizes a temporary construction easement on Cathy Fromme Prairie to accomplish this action. 10. Items Relating to the New Museum/Discovery Science Center Joint Facility. A. Resolution 2009-105 Authorizing a Grant Agreement with the State of Colorado, Department of Local Affairs, to Receive Grant Funds for the Environmental Cleanup and Site Improvements Portion of the Fort Collins Museum and Discovery Science Center Joint Facility Project. B. Resolution 2009-106 Authorizing a Grant Agreement with the Colorado Housing and Finance Authority, to Receive Grant Funds for the Environmental Cleanup Portion of the Fort Collins Museum and Discovery Science Center Joint Facility Project. C. First Reading of Ordinance No. 130, 2009, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Joint Facility Project. The State of Colorado, Department of Local Affairs, Energy and Mineral Assistance Program awarded the City of Fort Collins $200,000 toward the environmental cleanup and site improvements for the Fort Collins Museum and Discovery Science Center Joint Facility. Additionally, the City received a Brownfields grant award of $200,000 from the Colorado Housing and Finance Authority toward environmental site cleanup. PAGE 4 A commitment of $3,000,000 was received from the Downtown Development Authority, in support of the new Fort Collins Museum and Discovery Science Center Joint Facility. 11. First Reading of Ordinance No. 131, 2009, Amending Chapter 8, Article I of the City Code to Establish the Budget Term for the City. This Ordinance changes the next two-year budget term and all future two-year terms of the City budget. The City Council has just adopted the 2010-2011 City budget. With the approval of this Ordinance, the next budget term will be 2011-2012 and future two-year budget terms will begin in the odd-numbered years. The Budget process will take place in the even-numbered years. 12. First Reading of Ordinance No. 132, 2009, Amending Chapter 14 of the City Code by Replacing References to the Department of Advance Planning and the Director of Advance Planning to the Department of Community Development and Neighborhood Services and the Director of Community Development and Neighborhood Services. This Ordinance amends Chapter 14 of the City Code to replace references to the Department of Advance Planning and Director of Advance Planning to the Department of Community Development and Neighborhood Services and the Director of Community Development and Neighborhood Services. 13. First Reading of Ordinance No. 133, 2009, Vacating a Portion of the Harmony Road Right-of-Way as Originally Dedicated by the Larimer County Road Viewers Report. With the realignment of West Harmony Road between Regency Drive and Taft Hill Road, this portion of the “Old” Harmony Road right-of-way was left over as an unused section of right-of-way, adjacent to the Harmony Ridge Subdivision. The property has remained unused since the realignment of Harmony Road and has been maintained by the City, with no future intended use. The Harmony Ridge Subdivision Home Owners Association (HOA) has requested this section of unused right-of- way be vacated back to Harmony Ridge for the purpose of landscape improvements by the Harmony Ridge HOA. Once vacated, the Harmony Ridge HOA will accept all responsibility for maintenance of the property and all improvements to the property will be governed by the City Land Use Code requirements. A blanket utility easement will be reserved for maintenance of existing utilities. 14. First Reading of Ordinance No. 134, 2009, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project (Phase Three). The Mason Express (“MAX”), bus rapid transit project is currently within the right-of-way acquisition phase of the project. Project acquisitions have been broken into four phases, with the possibility of additional phases as needed. This Ordinance pertains to the third phase (Phase Three) and consists of six distinct property ownerships. Phases I and II were previously adopted by City Council earlier this year, and acquisitions for these phases are currently underway. As a federally funded transportation project, acquisitions 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 this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to Colorado State Statute in the official Notice-of-Interest PAGE 5 Letter. 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, which must occur prior to the appraisals. Given the recommended construction schedule for the Project and the fact that acquisitions must be conducted under procedures for federally funded projects, timely acquisition fo the property interests is necessary. Therefore, staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 15. Resolution 2009-107, Supporting the Grant Application for a Local Parks and Outdoor Recreation Special Opportunity Grant from the State Board of Great Outdoors Colorado for the Fossil Creek Trail at County Road 38-E. Park Planning and Development is currently applying for a $500,000 Great Outdoors Colorado Local Parks and Outdoor Recreation Special Opportunity Grant. Accordingly, staff is preparing an application for the Fossil Creek Trail at County Road 38-E project for this special grant cycle. As part of the application process, Great Outdoors Colorado requires a resolution which indicates the City’s support for the project, verifying matching funds are appropriated, the land for the project is City owned by easement or title, the project will be maintained in a high quality condition, and the City has completed similar grant sponsored projects. 16. Resolution 2009-108 Approving a Collective Bargaining Agreement with the Fraternal Order of Police. The City and the Fraternal Order of Police (“FOP”) entered into a collective bargaining agreement for 2008 and 2009, which agreement will expire on December 31, 2009. City staff and the FOP have tentatively reached an agreement which addresses the terms and conditions of employment of the members of the bargaining unit for 2010 and 2011. The tentative agreement was ratified by a vote of the FOP membership on November 14, 2009. 17. Resolution 2009-109 Approving a Securities Lending Program as Part of the City’s Investment Policy. The proposed revision to the 2008 Updated Investment Policy includes the following significant changes: 1. Allows for an increase in the allocation amount of Agency Security investments from 80 percent to 90 percent. This change will allow the City to maximize investment returns while minimizing investment risk. 2. Accepts the Securities Lending amendment document that was created jointly by Wells Fargo Bank and the City of Fort Collins to specify the investment options that may be utilized in the Securities Lending program. The amendment aligns with state statute and is specific to the City of Fort Collins. 18. Resolution 2009-110 Modifying the Schedule for Council Consideration of the Proposed Pilot Trash and Recycling Services District. In July 2009, City Council adopted a Resolution which directed staff to issue a Request for Proposals (RFP) for a Trash Services Pilot District. Within that Resolution, Council directed staff to report to City Council on the outcome of the RFP process no later than December 1, 2009. Ongoing contract PAGE 6 negotiations regarding an agreement with a Service Provider have caused the City Council to postpone both a planned Public Hearing and the First Reading of enabling legislation to establish a Pilot District. This delay necessitates the rescheduling of Council’s review of the proposal. The purpose of this Resolution is to formally postpone staff’s report to Council until no later than February 16, 2010. 19. First Reading of Ordinance No. 135, 2009, Appropriating Prior Years Reserves in the Capital Projects Fund and Authorizing the Transfer of Appropriated Amounts Between Funds for a Commercial Redevelopment Study for the Midtown Commercial Corridor Area. Council directed staff to prepare a redevelopment study for the Midtown Commercial Corridor at the June 9, 2009 Work Session. Staff solicited requests for proposal, resulting in 18 responses from across the nation. Five finalists were interviewed by a selection committee of Economic Health, Advanced Planning, and Current Planning staff. The selection committee, using the City's purchasing process, selected a team led by ELS Architecture and Urban Design, supported by Economic and Planning Systems and Warren Wilson. The Ordinance appropriates residual funds from the capital project fund prior year reserves to cover the cost of the Study and provide additional funds for implementation work 20. Routine Easement. Non-exclusive permanent easement agreement from the Board of Governors of the CSU System, to install above grade switch, located at Pitkin and Shields Streets. Monetary consideration: $1500. END CONSENT 21. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 22. Staff Reports. 23. 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. 24. Second Reading of Ordinance No. 128, 2009, Imposing a Moratorium on the Acceptance and Processing of Applications for the Issuance of Licenses or Permits Related to Businesses That Seek to Dispense Medical Marijuana and on the Establishment or Operation of Any Such New Businesses in the City. (staff: Diane Jones, Steve Roy; 5 minute staff presentation; 30 minute discussion) This Ordinance, which was presented for Council's consideration on November 17, 2009, as an emergency measure, was instead approved by Council on First Reading. Council also amended the Ordinance so that, if approved on Second Reading, it will impose a moratorium on new medical marijuana dispensaries for approximately three months rather than ten months. At the end of the Council discussion, staff was invited to inform the Council as to whether, in staff’s opinion, a moratorium is still advisable and, if so, what the length of the moratorium should be. 25. Pulled Consent Items. 26. Other Business. 27. 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.