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HomeMy WebLinkAboutMINUTES-01/18/2011-RegularJanuary 18, 2011 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 18, 2011, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Manvel, Ohlson, Poppaw, Roy, and Troxell: Councilmembers Absent: Hutchinson, Kottwitz Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Eric Sutherland, 3520 Golden Currant, stated an open records request he submitted regarding the Smart Grid project was inappropriately handled. Clint Skutchan, Fort Collins Board ofRealtors, discussed the East and West Side Plan and promoted a sliding scale floor area ratio proposal. Sean Dougherty, Fort Collins Board of Realtors, 2616 Terry Lake Road, supported the sliding scale floor area ratio proposal for the East Side West Side Design Standards. John Roberts, Fort Collins resident, discussed the museum to be installed at the property referenced in Item No. 13, First Reading of Ordinance No. 009, 2011, Authorizing the Lease of City Property at 200 West Mountain Avenue, Suite C, to Our Global Village Museum ofArts and Cultures For Up to Three Years. Sue Pawlak, Veterans Plaza Committee of Northern Colorado Project Co -Chair, discussed the Veterans Plaza project at Spring Canyon Park. She presented a check to the City for $115,435 which will cover Phase One of the project. Ray Martinez thanked Kathleen Benedict for her assistance with the project. Mayor Pro Tern Ohlson thanked the volunteers for their commitment to the Veterans Plaza project. Citizen Participation Follow-up Councilmember Troxell commended the individuals involved with the Veterans Plaza project and thanked John Roberts for his involvement with the Global Village Museum. He asked for an update regarding the East and West Side Design Standards. 113. January 18, 2011 Councilmember Roy asked for a response to Mr. Sutherland's concerns. Karen Cumbo, Planning, Development and Transportation Director, replied staff has been working on issues relating to the East and West Side Design Standards and stated the Planning and Zoning Board has discussed the issue at a work session and will be taking formal action at a meeting on January 20, 2011. The Citizens Advisory Committee has also discussed the item. City Manager Atteberry made a commitment to have the pertinent information to Council earlier than the date of packet distribution. In response to Mr. Sutherland's allegations regarding his open records request, City Manager Atteberry stated the City has always been very committed to the principals of the Colorado Open Records Act and requests thereof. City Attorney Roy stated Mr. Sutherland sent an open records request to the Utilities Department regarding the Smart Grid project. The information provided to Mr. Sutherland did not include a report prepared by a consultant. The decision to not include that report was not based on the fact that the report itself was confidential; it was the judgment call of the custodian that the report was not within the scope of the request. Also excluded was a proprietary model used by the consultant. Mr. Sutherland ultimately did receive the report, which was never considered confidential, but not receive the proprietary model. Under the Colorado Open Records Act, that model had to be withheld as it is proprietary. The City does not believe it violated the Open Records Act. Proprietary information is information used by a company in its business that is customarily withheld from the public and information which, if disclosed, would put the company at a competitive disadvantage in conducting its business. Agenda Review City Manager Atteberry stated there are no changes to the published agenda. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the December 21, 2010, Regular Meeting. 7. Second Readin¢ of Ordinance No. 001, 2011, Amending Section 2-168 of the Cites Regarding the Functions of the Women's Commission. This Ordinance, unanimously adopted on First Reading on January 4, 2011, amends Section 2-168 of the City Code regarding the functions of the Women's Commission. Specifically, this change clarifies the role of the Women's Commission as it relates to reviewing legislation and making recommendations to City Council. 8. Items Relating to the Veterans Plaza Capital Project. A. First Reading of Ordinance No. 004, 2011, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Veterans Plaza Project at Spring Canyon Community Park. 114 January 18, 2011 B. Resolution 2011-002 Accepting the Proposed Donation of the Veterans Plaza Sculpture, "The Soldiers Gift". The Veterans Plaza at Spring Canyon Community Park will create a public venue, bringing community members together to recognize and commemorate the sacrifices and dedication of service members who have served our country. The Plaza will be located on approximately three acres of land near the main entrance of the park on Horsetooth Road. Ordinance No. 004, 2011, appropriates revenue in the amount of $275,000 for the project. Resolution 2011-002 accepts the donation of a bronze sculpture by artist Susan Raymond. This sculpture will be located at the Veterans Plaza and become part of the City's Art in Public Places collection. 9. First Reading of Ordinance No. 005, 2011, Appropriating Unanticipated Revenue in the Capital Projects Fund. Downtown Alley Enhancement PMiect. The Downtown Alley Enhancement Project funding for construction of the West Laurel to West Myrtle Alley Project needs to be appropriated to the City. The City will be administering the construction contract for the Downtown Development Authority (DDA). The DDA funds for the Project will remain in the DDA's account, and will be transferred and spent to pay contractor invoices only as they become due and payable. 10. First Reading of Ordinance No. 006, 2011, Appropriating Prior Year Reserves in the Cultural Services Fund and Prior Year Reserves in the General Fund for Transfer to the Capital Projects Fund and Appropriating Unanticipated Revenue in the Capital Projects Fund for the Building on Basics Lincoln Center Renovation Project. During the Lincoln Center addition and renovation project, an unanticipated structural issue with the 32 year old performance hall walls was identified . The structural problem is significant and the performance hall walls will require additional structural support. This work must be completed before the facility can be reopened. This Ordinance appropriates an additional $460,000 from prior year reserves in the Cultural Services Fund and the General Fund to implement the additional structural support. 11. First Reading of Ordinance No. 007, 2011, Authorizing the Appropriation of 2011 Fiscal Year Operating and Capital Improvement Funds for the Fort Collins -Loveland Municipal Airport. The 2011 annual operating budget for the Airport totals $726,390, and will be funded from Airport operating revenues, contributions from the Cities of Fort Collins and Loveland ($85,000 from each city), and interest earnings. This Ordinance appropriates the City of Fort Collins' contribution, which is a 50% share of the 2011 Airport budget and totals $363,195. This Ordinance also appropriates the City of Fort Collins' 50% share of capital funds, totaling $608,500 for the Airport from federal and state grants; contributions from Fort Collins and Loveland; and the Airport General Fund. Most of the 2011 Airport capital 115 January 18, 2011 funds, totaling 51,217,000, will be used to continue runway improvements and some funds are slated for utility master planning and design engineering to accommodate Airport business development. 12. First Reading of Ordinance No. 008, 2011, Approving a Second Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues, Extending the Deadlines for the City and Town to Amend Their Growth Management Area Boundaries, and Deleting All References to the Possible Purchase by Timnath of the Vangbo Property. On February 17, 2009, the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement regarding annexations, growth management, and related issues. The agreement resolved certain differences that had arisen between the City and Town concerning a variety of planning and growth management issues. The agreement set one-year deadlines for the parties to amend their Growth Management Area boundaries and for Timnath to exercise an option to purchase the Vangbo property from the City. In early 2010, the parties approved an amendment to this intergovernmental agreement that extended the deadlines for approval of the Fort Collins GMA and for Timnath to decide whether to exercise its option. Another extension is needed, and Ordinance No. 008, 2011, would extend for an additional year the period of time within which the parties' GMA boundaries are to be amended. It would also delete all references to Timnath's possible purchase of the Vangbo property because Timnath has decided not to move forward with the purchase. 13. First Reading of Ordinance No. 009, 2011, Authorizing the Lease of City Property at 200 West Mountain Avenue, Suite C, to Our Global Village Museum of Arts and Cultures For UP to Three Years. Our Global Village Museum of Arts and Cultures ("Global Village") is in need of a larger facility for its museum operation of international exhibits of artifacts and art objects. Global Village has requested a lease to utilize approximately 6,530 square feet of space located at 200 West Mountain Avenue, Suite C in space formerly occupied by RM12. 14. Resolution 2011-003 Authorizing the Mavor to Enter into an Addendum to the Intergovernmental Agreement with Larimer County Regarding Joint Implementation, Operation and Use of a Computer Aided Dispatch, Records Management and Jail Management Svstem. I This Resolution authorizes the City of Fort Collins to add an addendum to the Intergovernmental Agreement between Larimer County and the City of Fort Collins for the Tiburon Computer Aided Dispatch/Records Management System. The addendum changes how additional costs, upgrades or other enhancements or improvements will be shared between Fort Collins Police Services and Larimer County Sheriff's Office. 116 January 18, 2011 15. Resolution 2011-004 Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund for the Pmose of Commissioning an Artist to Create Art for the College and Harmony Intersection Improvements Project. Resolution 2011-004 approves expenditures of S 18,000 for design, materials, installation and contingency for a project with the artist Robert Tully to create four art elements integrated into the College and Harmony Intersection Improvement Project. 16. Resolution 2011-005 Making_ Appointments to the Senior Advisory Board. This Resolution makes appointments to fill current vacancies on the Senior Advisory Board. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 7. Second Reading of Ordinance No. 001, 2011, Amending Section 2-168 of the City Code Regarding the Functions of the Women's Commission. Ordinances on First Reading were read by title by City Clerk Krajicek. 8. First Reading of Ordinance No. 004, 2011, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Veterans Plaza Project at Spring Canyon Community Park. 9. First Reading of Ordinance No. 005, 2011, Appropriating Unanticipated Revenue in the Capital Projects Fund, Downtown Alley Enhancement Project. 10. First Reading of Ordinance No. 006, 2011, Appropriating Prior Year Reserves in the Cultural Services Fund and Prior Year Reserves in the General Fund for Transfer to the Capital Projects Fund and Appropriating Unanticipated Revenue in the Capital Projects Fund for the Building on Basics Lincoln Center Renovation Project. 11. First Reading of Ordinance No. 007, 2011, Authorizing the Appropriation.of 2011 Fiscal Year Operating and Capital Improvement Funds for the Fort Collins -Loveland Municipal Airport. 12. First Reading of Ordinance No. 008, 2011, Approving a Second Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues, Extending the Deadlines for the City and Town to Amend Their Growth Management Area Boundaries, and Deleting All References to the Possible Purchase by Timnath of the Vangbo Property. 13. First Reading of Ordinance No. 009, 2011, Authorizing the Lease of City Property at 200 West Mountain Avenue, Suite C, to Our Global Village Museum of Arts and Cultures For Up to Three Years. 117 January 18, 2011 Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and approve the Consent Calendar. Yeas: Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Manvel supported Item No. 9, First Reading of Ordinance No. 005, 2011, Appropriating Unanticipated Revenue in the Capital Projects Fund, Downtown Alley Enhancement Project, and discussed the improved alleys throughout town. Mayor Pro Tem Ohlson commended staff for confirming the necessity of unanticipated issues regarding Item No. 10, First Reading of Ordinance No. 006, 2011, Appropriating Prior Year Reserves in the Cultural Services Fund and Prior Year Reserves in the General Fund for Transfer to the Capital Projects Fund and Appropriating Unanticipated Revenue in the Capital Projects Fund for the Building on Basics Lincoln Center Renovation Project, and asked for confirmation of savings prior to Second Reading. Mayor Pro Tern Ohlson asked for clarification regarding Item No. 15, Resolution 2011-004 Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund for the Purpose of Commissioning an Artist to Create Art for the College and Harmony Intersection Improvements Project. Ellen Martin, Arts in Public Places Program Administrator, replied the Board did approve the project as designed and noted the Board and artists work together to get a cohesive design. Mayor Pro Tern Ohlson asked for clarification between the "distinct" feel of the project versus cohesive design. City Manager Atteberry replied more information would be provided. Staff Reports City Manager Atteberry stated Poudre Fire Authority employee Captain Patrick Love was chosen as Public Information Officer of the Year by Emergency Services Public Information Officers of Colorado. Lang Schneider, Streets Department Manager, discussed Fort Collins' snow removal operations and the process crews complete before, during, and after a storm. Monitors have been placed along Spring Creek to determine whether run-off from the snow removal procedures is affecting the stream. Councilmember Roy asked what the road temperature needs to be in order for freezing to begin. Schneider replied pavement temperatures in the teens make de-icing very difficult and require different de-icing products. Mayor Pro Tern Ohlson asked why residential streets are not often plowed and how citizens are notified of that policy; when stream monitoring began and if it is on the Poudre River as well; and for a discussion on the wisdom of 12-hour shifts. Schneider replied residential streets are generally 118 January 18, 2011 plowed only if getting in and out of neighborhoods becomes difficult. The cost of regularly plowing those streets is extraordinary. The Streets Department webpage discusses the priorities for snow _removal and routinely informs citizens about the policy in the Utility bill inserts and in the Coloradoan. Snow operators are comfortable with the 12-hour shifts and are given regular breaks and lunch. Operators are monitored for fatigue. City Manager Atteberry asked about the accident record related to snow operations. Schneider replied, in the past 30 years, there may have been one accident per year. City Manager Atteberry requested a written safety report regarding snow operations. Mayor Pro Tern Ohlson asked for a written report regarding water quality monitoring with respect to snow removal chemicals. Randy Hensley, Parking Services Director, gave an update regarding downtown valet parking. The City received a proposal from two private downtown businessmen regarding a downtown valet service. Should this service be offered, it would be administered and authorized under the provisions of the downtown concessionaire process. Hensley reviewed the proposed drop-off/pick- up zone, proposed hours of operation, and cost to members of the public. There is no conflict between this proposal and adopted City plans and no Council vote would be required. Vendor selection would be a competitive process. Staff has found the proposal to be both feasible and desirable. Councilmember Roy asked who would be liable for the overnight parking fees should a customer not reclaim his car prior to the closing time of the valet. He expressed concern spaces in the parking garage would not be available for public use and asked about the format for public input regarding the topic. Hensley replied this proposal is conceptual and no decisions regarding details of the public process have been made. All potentially affected interests, including the Downtown Business Association, Downtown Development Authority, the public, internal City management, and Council, will be included. Councilmember Troxell supported the overall idea of a downtown valet service. Mayor Pro Tern Ohlson asked that the Transportation Board be involved in the decision as well. Councilmember Reports Councilmember Troxell discussed the flag raising at the Poudre Valley Bank building, which is now the Ingredient restaurant. 119 January 18, 2011 Other Business Councilmember Roy expressed support for on -bill financing. Councilmember Troxell expressed concern regarding agenda management, given certain meetings with no discussion items and other meetings with several. He asked the Leadership Team to examine the agenda balance. Councilmember Manvel noted this type of agenda planning happens every two years in order to finish up business prior to elections so the voting Councilmembers have had the benefit of work sessions. The meeting adjourned at 7:35 p.m. ATTEST: City Clerk Adjournment 120