Loading...
HomeMy WebLinkAboutVINEYARD CHURCH REZONE - 19-08 - AGENDA - CORRESPONDENCE-HEARING (3)PAGE 10 30. First Reading of Ordinance No. 127, 2008, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2009; Amending the Budget for the Fiscal Year Beginning Jerry 1, 2009, and Ending December 31, 2009; and Fixing the Mill Levy for Fiscal Year 2009. (staff: Darin Atteberry, presentation -15 minutes; 30 minute discussion) This Ordinance amends the adopted 2009 Budget and sets the amount of $548,637,224 to be appropriated for fiscal year 2009. The Net City Budget, which excludes internal transfers between City funds, is $440,479,274 for 2009. The Net City Budget, as amended, is allocated to: Operations Debt Service Capital Adopted $351,346,102 26,232,854 58,776,761 Amended 2009 $356,210,925 26,235,588 58,032,761 This Ordinance also sets the 2009 City mill levy at 9.797 mills, unchanged since 1991. 31. Pulled Consent Items. 32. Other Business. 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. PAGE 9 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. 28. Items Relating to the Adoption of the 2006 International Property Maintenance Code (IPM0@ with Local Amendments Relating to Existing Building Conditions and Rental Housing Standards. (staff: Felix Lee, Mike Gebo, Teresa Ablao, presentation - 10 minutes; 30 minute discussion) A. Hearing and First Reading of Ordinance No. 108, 2008, Amending Chapter 5, Article 11, Division 3, of the City Code for the Purpose of Adopting the 2006International Property Maintenance Code (IPMQ9, with Amendments. B. First Reading of Ordinance No. 109, 2008, Amending Chapter 5, Article VI, Division 2, of the City Code Relating to Supplemental Rental Housing Provisions. These Ordinances address physical deterioration and health and safety conditions that affect the well-being of neighborhoods, buildings, and residents of Fort Collins. Together, the proposed regulatory tools will enhance the City's ability to provide the community with improved preventative measures. 29. Resolution 2008-094 Adopting the 2008 Bicycle Plan. (staff: D.K. Kemp, Denise Weston, presentation -20 minutes; 30 minute discussion) The 2008 Bicycle Plan is an update to the 1995 Bicycle Program Plan. The 2008 Bicycle Plan presents existing conditions of the bicycle facilities, evaluates the City's accomplishments over the last 13 years, and proposes recommendations for bicycle facilities and programs. The Plan further articulates the vision for bicycling in Fort Collins, expanding its relationship beyond engineering, education, encouragement and enforcement to include economy, environment and community. PAGE 8 Protection District in accordance with state law and to allow for the provision of fire protection services to such properties by the Poudre Fire Authority. 23. Resolution 2008-092 Authorizing a Revocable Permit to CGRS, Inc. to do Environmental Testingon City Property at 220 North Howes Street. 225 Maple Street, LLC, owns the property located at 225 Maple Street which is the location for Haiston Oil Company, Incorporated. Haiston Oil Company has relocated its business from this location, and has removed its petroleum storage tanks from the site. In order to complete the regulatory process regarding the storage tanks, an environmental investigation is required. As part of the environmental investigation, Haiston Oil's consultant, CGRS, Inc., has requested a revocable permit to collect soil samples on City -owned property at 220 North Howes Street, which is adjacent to its property. CGRS, Inc. anticipates the soil boring process will take approximately 2 to 3 hours. CGRS may also need to do testing within the building at 220 North Howes, or in the public right-of-way adjacent to 220 North Howes and 225 Maple Street. All costs associated with the soil boring and tests will be the responsibility of CGRS, Inc. All lab results from the tests will be provided to the City at no cost. The City is in negotiations to acquire 225 Maple Street. 24. Resolution 2008- 093 Authorizing the Mayor to Execute an Intergovernmental Agreement Between the City and the Colorado Department of Transportation Whereby the City Will Receive a "CMAQ" Grant and an Enhancement Program Grant for the North College Avenue/US287 Improvement Proiect. This Resolution authorizes the Mayor to enter into an agreement with CDOT for the City to receive CMAQ and Enhancement grant funding for improvements along North College Avenue/US287 Avenue from the Poudre River north to the Hickory/Conifer intersection. These grants will help fund the planning, design/engineering, rights -of -way acquisition, and construction costs for this project. In particular, the CMAQ grant funds will target bicycle and pedestrian improvements and the Enhancement Funds will target the streetscape improvements along the corridor. This project will be designed and built in collaboration with the City's North College Improvement Project and Pedestrian Plan improvements funded via the voter -approved "Building on Basics"* 1/4 cent sales tax initiative. END CONSENT 25. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 26. Staff Reports. 27. Councilmember Reports. PAGE 7 transmission line, will cross a portion of the Fossil Creek Wetlands Natural Area. The transmission line will be constructed using a direct drilling procedure that will not result in any surface disturbance within the permanent easement. A temporary easement consisting of 0.493 acres will be used to stage and operate the drilling equipment. Surface disturbance and subsequent restoration activities will occur within the temporary easement. 19. First Reading of Ordinance No. 124, 2008, Authorizingthe Acquisition by Eminent Domain Proceedings of Certain Lands Necessary forthe Construction of Public Trail Improvements in Connection with the Mason Corridor Trail Project. The final phase of the Mason Trail project provides a critical connection between Colorado State University, the existing Mason Trail between Harmony Road and the Spring Creek Trail, and the City's community wide trail system (through connections with the Spring Creek Trail and the Fossil Creek Trail). Due to the importance of this connection, staff is seeking authorization to use the eminent domain process to acquire the necessary property interests in the event that good faith negotiations are not successful; staff is hopeful and optimistic that the private property acquisition will be accomplished by negotiated agreement. 20. Hearing and First Reading of Ordinance No. 125. 2008, Amending the Zoning Map of the Citvbv ChanginetheZoningClassification forthat Certain Property Known as the Vineyard Rezoning. This is a request to rezone an 8.68 acre parcel located on the west side of South College Avenue immediately north of Crestridge Drive. The current zoning district designation is Community Commercial (CC) District. The applicant proposes zoning of Commercial (C) District. A Structure Plan amendment is not necessary for this rezoning request. There are no perceived issues or known controversies with this rezoning request. 21. First Reading of Ordinance No. 126, 2008, Authorizing the Purchasing Agent to Enter into an Extension of the City Park Nine Golf Course Golf Services and Concession Agreement for up to Five Additional Years. The existing Agreement with City Park Nine Golf Course Golf Professional/Concessionaire, DMAC Golf, LLC, as owned, operated, and assigned by David R. McCleave, PGA, expires on December 31, 2008. As per terms in the RFP and the Agreement, the Agreement may be extended beyond the original five (5) year term if performance is satisfactory, subject to City Council approval and the negotiation of a mutually acceptable extension agreement for up to five (5) additional years. This is contingent on staff recommendation, public input/comment, a recommendation from the Golf Board, and final approval by the City Council. A mutually acceptable Extension Agreement has been negotiated, and both the staff and the Golf Board fully recommend approval by Council. 22. Resolution 2008-091 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District. This resolution authorizes the City Attorney to file a Petition in Larimer County District Court to exclude properties annexed into the City in 2007 from the Poudre Valley Fire PAGE 6 15. First Reading of Ordinance No. 120, 2008, Amending Section 2.9.3(B) of the Land Use Code Modifying the Procedure for Initiating a Text Amendment. There are two sub -sections to Section 2.9.3. The first, (A), describes the procedure for amending the zoning map and the second, (B), describes the procedure for amending the text. Presently, amending the text of the Land Use Code may be proposed by City Council, the Planning and Zoning Board, the Director, any resident of the city, or any owner or person having an interest in land located within the municipal boundaries of the city. The change would delete the ability to propose a text amendment to the Land Use Code by any resident of the city, or any owner or person having an interest in land located within the municipal boundaries of the city. Residents and owners are not prohibited from proposing text amendments. Instead of a direct application, however, a request would be subject to established City Council policy which requires that proposed changes would need to be supported by the City Manager, the Leadership Team, or three Councilmembers. 16. First Reading of Ordinance No. 121, 2008, Amending Section 2-119 of the City Code Pertaining to the Functions of the Building Review Board. This Ordinance will amend Section 2-119 of the City Code to update the functions of the Building Review Board. These provisions include: Authorizing the Building Review Board to consider a contractor license applicants alternative qualifications; Adding a new provision to formally authorize the Building Review Board to serve as the "board of appeals" for appeals related to International Property Maintenance Code (IPMQ and Supplemental Rental Housing Provisions; and Adding a new provision to authorize the Building Review Board to advise City Council on policy matters related to functions of the Board. 17. First Reading of Ordinance No. 122, 2008, Temporarily Suspending the Operation and Enforcement of the Land Use Code and Zoning Map Regarding the Usage of the "Ricker Building" as an Emergency Daytime Severe Winter Weather Shelter for the Homeless. Local health and human service agencies have asked the City to assist in providing a facility to house a temporary emergency daytime shelter for the homeless in the event of severe winter weather. 18. First Reading of Ordinance No. 123, 2008 Authorizing the Conveyance to the Platte River Power Authority of an Easement and Right -of -Way and a Temporary Construction Easement on the City -Owned Fossil Creek Wetlands Natural Area. Platte River Power Authority is constructing a new transmission line in southeast Fort Collins to support a request from the City for a new substation at Trilby Road and Portner Road. The new transmission line, referred to as the Harmony-Portner-Boyd 230kV PAGE 5 to appropriate the bond proceeds for the Water Utility. Authorizing the issuance of the bonds and appropriating the proceeds are both necessary to complete the bond transaction. 13. Items Relating to the Mason Corridor/MAX Bus Rapid Transit Project -Phase 1. A. Resolution 2008-090 Authorizing the Mayor to Execute an Intergovernmental Agreement Between the City of Fort Collins and the Colorado Department of Transportation for Funding of Phase 1 Improvements of the Mason Corridor/MAX Bus Rapid Transit Project. B. First Reading of Ordinance No. 118, 2008, Appropriating the Funds from the Downtown Development Authority and Unanticipated Colorado Department of Transportation SB-1 Funding into the Mason Corridor Capital Project Account. These funding contracts between the City and CDOT and the City and DDA will allow for work to advance on the Phase l of the Mason Corridor/MAX Bus Rapid Transit (BRT) project. This funding will be used for final design/engineering, construction, and vehicle acquisition. The design/engineering and construction improvements will include all elements of the MAX BRT service, including passenger stations, pedestrian access improvements, traffic signalization related to the BRT operations, signage/wayfinding, and converting Mason and Howes streets to two-way operation. The MAX BRT vehicles will be 60-foot articulated transit vehicles, designed to allow for low -floor boarding and will use alternative fuel. Subsequent funding contracts will be submitted to the City from CDOT and the Federal Transit Administration later this year and in 2009 to provide funding for the full corridor improvements from the Downtown Transit Center to the new South Transit Center, south of Harmony Road. 14. First Reading of Ordinance No. 119, 2008, Appropriating Unanticipated Grant Revenues in the General Fund for the Restorative Justice Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. A grant in the amount of $19,513 has been received from the Colorado Division of Criminal Justice (DCJ) for salaries associated with the continued operation of Restorative Justice Services. A $2,168 cash match is required and will be met by appropriating funds from the police operating budget. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the young offender, the victim/victim representative and members of the community to determine the harm done by the crime, and what should be done to repair the harm. By identifying and repairing the harm caused by the crime, criminal justice officials are optimistic repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. Restorative Justice Services includes the RESTORE Program for shoplifting offenses, and Restorative Justice Conferencing Program (RJCP) for all other offenses. The grant period is from October 1, 2008 to September 30, 2009. PAGE 4 Ordinance No. 115, 2008, appropriates funds for 2009 DDA debt service payments from the tax increment received by the City. 11. First Reading of Ordinance No. 116, 2008, 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 "clean-up' Ordinance is to combine dedicated 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 2008 budget. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. Prior year reserves are primarily being appropriated for unanticipated operation expenses from reserves that are set aside for that purpose. This Ordinance appropriates prior year reserves and unanticipated revenue in various City funds, and authorizes the transfer of appropriated amounts between funds. The City Charter permits the City Council to provide by ordinance for payment of any expense from prior year reserves. The Charter also permits the City Council to appropriate unanticipated revenue received as a result of rate or fee increases or new revenue sources. Additionally, it authorizes the City Council to transfer any unexpended appropriated amounts from one fund to another upon recommendation of the City Manager, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which they were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. If these appropriations are not approved, the City will have to reduce expenditures even though revenue and reimbursements have been received to cover those expenditures. 12. First Reading of Ordinance No. 1 17, 2008, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado. Water Utility Enterprise, Water Revenue Refunding Bonds, Series 2008 in the Maximum Aggregate Principal Amount of $19,000,000, in the Water Utility Fund. After the regular Council meeting tonight, the Board of the Water Utility Enterprise will consider an ordinance which authorizes the issuance of City of Fort Collins Colorado, Water Utility Enterprise, Water Revenue Refunding Bonds, Series 2008, in the Maximum Aggregate Principal Amount of $19,000,000. The Bonds will be issued to refund, pay and discharge all of the outstanding Water Revenue Refunding Bonds and Improvement Bonds, Series 1998. 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 PAGE 3 within the permanent easement and another 0.656 within the temporary easement. This Ordinance, unanimously adopted on First Reading on September 16, 2008, authorizes the conveyance of the permanent waterline easement and the temporary construction easement. 8. First Reading of Ordinance No. 110, 2008, Amendingthe he City Code to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated Costs of Services. This Ordinance increases the fee schedules for the Capital Improvement Expansion fees and Neighborhood Parkland fee by the estimated 2008 changes in the Denver -Boulder -Greeley Consumer Price Index ("CPP'). Costs in the Capital Improvement Expansion fees ("CIEF") Study and the fee schedule for the Neighborhood Parkland fees were calculated using costs from 1995. The fees were last adjusted in 2007. This Ordinance increases the CIEF and the Neighborhood Parkland fees by the estimated 2008 increase in the CPI of 3.70%, and the Street Oversizing fees by 6.30%, which reflects the projected increase reported in the Engineering News Record. 9. Items Relating to Utility Rates and Charges for 2009. A. First Reading of Ordinance No. 111, 2008 Amending Chapter 26 of the City Code Relating to Wastewater Rates and Charges. B. First Reading of Ordinance No. 112, 2008 Amending Chapter 26 of the City Code to Revise Electric Rates and Charges. C. First Reading of Ordinance No. 113, 2008, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges. The proposed ordinances increase wastewater rates 11 %, electric rates by 2.8% on average, and electric development fees by 5-6%. If approved, changes would be effective January 1, 2009. 10. Items Relating to the 2009 Downtown Development Authority Budget. A. First Reading of Ordinance No. 114, 2008, Appropriating Downtown Development Authority Operating Funds and Fixing the Mill Levy for Fiscal Year 2009. B. First Reading of Ordinance No. 115, 2008, Appropriating Revenue in the Downtown Development Authority Debt Service Fund For Payment of Debt Service for Fiscal Year 2009. The Downtown Development Authority Board of Directors (the "Board") adopted its proposed budget for 2009 totaling $48,730,577 on September 11, 2008. The Board determined the mill levy necessary to provide for payment of administrative costs incurred by the DDA at its regular meeting of September 11, 2008. Ordinance No. 114, 2008, appropriates the DDA and Beet Street operating funds for 2009 and sets the mill levy at 5.00 mills, unchanged since 2002 for the 2003 budget. 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 sebeduled 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. AGENDA REVIEW: CITY MANAGER The Consent Calendar consists of Items 6 through 24. 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 September 2, 2008 Regular Meeting_ Second Reading of Ordinance No. 107, 2008, Authorizing the Conveyance to the City of Greeley of a Permanent Waterline Easement and a Temporary Construction Easement on the City -Owned Dry Creek Stormwater Wetland. The City of Greeley is in the process of building a 30-mile, 60-inch pipeline that will provide water from its Bellvue water treatment plant located northwest of the City of Fort Collins to the residents of the City of Greeley and surrounding towns. As part of this project, the City of Greeley is constructing a portion of the new waterline across the Dry Creek Stormwater Wetland located south of Vine Drive and east of North Lemay Avenue. Greeley has requested a 50-foot permanent easement and a 75-foot temporary construction easement from the Natural Areas Program. The area to be impacted by this project consists of 0.449 acres a Doug Hutchinson, Mayor Kelly Ohlson, District 5, Mayor Pro Tern Ben Manvel, District 1 Lisa Poppaw, District 2 Diggs Brown, District 3 Wade Troxell, District 4 David Roy, District 6 City Council Chambers City Hall West 300 LaPorte Avenue Fort Collins, Colorado Cablecast on City Cable Channel 14 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. REGULAR MEETING October 7, 2008 A. Proclamation Declaring "Truthfulness" as the Character Focus for October 2008. B. Proclamation Declaring October 2008 as Disability Awareness Month. C. Proclamation Declaring October 5-11, 2008 as Public Power Week. D. Proclamation Declaring October 11, 2008 as Northern Colorado Intertribal Powwow Association Day. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER. 2. ROLL CALL.