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HomeMy WebLinkAboutMINUTES-03/10/1998-AdjournedMarch 10,1998 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Adjourned Meeting - 6:00 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, March 10, 1998, 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Azari, Bertschy, Byme, Smith and Wanner. Councilmembers Absent: Kneeland and Mason. Staff Members Present: Fischbach, Krajicek and Roy. City Manager John Fischbach stated there were no changes to the Agenda as published. ***CONSENT CALENDAR*** 3. First Reading of Ordinance No 39 1998 Amending Section 21-7 of the "Model Traffic Code for Colorado Municipalities," 1977 Edition Clarifying the Parking Requirements for City Motor Vehicles Using Camera Radar to Detect Speeding Violations and for Authorized Emergency Vehicles. There are many circumstances when, for law enforcement purposes, it is necessary for authorized emergency vehicles to park in a manner that would otherwise be in violation of the parking requirements of the City's Model Traffic Code. Although Section 21-7 of the City's Model Traffic Code currently provides that in certain circumstances drivers of authorized emergency vehicles are not subject to the parking requirements of the City's Model Traffic Code, recent questions have been raised about the specific circumstances under which such motor vehicles, including City motor vehicles using camera radar to detect speeding violations, are subject to the parking requirements of the City's Model Traffic Code. In order to eliminate any uncertainty as to when such motor vehicles are subject to the parking requirements of the City's Model Traffic Code and in order to provide for those circumstances when, for law enforcement purposes, it is necessary to park such vehicles in a manner contrary to the parking requirements of the City Model Traffic Code, Section 21-7 of the City's Model Traffic Code needs to be amended. 349 March 10, 1998 This Ordinance amends Section 21-7 of the City's Model Traffic Code to exempt authorized emergency vehicles, for law enforcement purposes, from certain parking requirements. Staff recommends adoption of the ordinance. " Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy, Byrne, Smith and Wanner. Nays: None. THE MOTION CARRIED. Resolution 98-37 Adopting the Prairie Dog Policy for City Natural Areas, Adopted. The following is staffs memorandum on this item. "Financial Impact The Natural Resources Department will be responsible for implementing the proposed Prairie Dog Policy. Since 1993, Natural Resources has used portions ofthe City's 1992 Natural Areas 1/4-cent Sales Tax and other sources of funding to acquire lands containing prairie dogs, to educate the public on prairie dog ecology and management, and to manage prairie dogs on City -owned natural areas. These efforts will continue, but are very difficult to quantify over the next 5 years, because of the uncertainty of such factors as the availability of land for public purchase and demand for construction of barriers. During 1998, Natural Resources has budgeted about $20,000 (not including staff time) for education and interpretive features related to prairie dogs and about $30, 000 (not includingstaffand Youth Corps time) for management ofexisting and future (i.e., native grass restoration) prairie dog colonies. On-siteprairie dog management (e.g., barrier construction and maintenance) is principally being performed by an hourly (non permanent) Natural Areas Technician Aide (75% of her time), Youth Corps crews, and volunteers. Costs (including field staff and Youth Corps crews time) for adequate maintenance of the existing two miles of vinyl barriers, installation ofall current requests for vinyl barriers, totaling 2.25 miles, completeshrubplantings and follow-up maintenance to replace vinyl barriers in thefuture, and full installation of predator enhancements at barrier sites are estimated at ranging from $148,754 (minimal size [seedling, bareroot] plantings) to $427,601 (moderate size []-gallon container] plantings) for 1998 alone and would require an additional full-time Natural Areas Technician and additional Youth Corps crews. Estimates of the possible amount of barrier installation requested (10 miles) based on the current amount of City natural area property containing prairie dog colonies, would bring the total of installation costs alone to as high as $1.7 million for the moderate size plantings. To install 10 miles of barrier would also require an additional 5 full-time Natural Areas Technicians and a five fold increase in the Youth Corps crew and volunteer numbers. Given 350 March 10, 1998 these costs, vinyl barrier construction, plantings, and installation ofpredator enhancements on City natural areas will take place over the course of a number ofyears. Implementation of the proposed Prairie Dog Policy will be funded primarily through portions of current sales tax revenues: the Fort Collins 1997 Building Community Choices tax and the City's share ofthe Larimer County's Parks, Open Space, and Trails tax. Great Outdoors Colorado Grants and partnering with Larimer County have also been sources offundingfor the acquisition ofnatural areas containing prairie dog colonies (e.g., Cathy Fromme Prairie; Coyote Ridge). Executive Summa In May 1997, the Cityplanned to exterminate prairie dogs in narrow buffer areas on the edges of several natural areas where colonies were expanding into residential areas. Less than 1 % of City - owned prairie dog colonies on natural areas were targeted for fumigation. A group of people opposed to the killing ofprairie dogs requested that City Council cancel thefumigation. Fumigation was delayed until the group had relocated some of the prairie dogs. Due to this controversy, the Natural Resources Advisory Board forwarded a recommendation to City Council that the City examine its current prairie dog policies. A Prairie Dog Policy Review Committee made up of City staff and various members of the community was formed to accomplish this task. The Committee discussed the City's current prairie dog policies during four meetings from September through November 1997. In general, it was determined that the City's existing prairie dog policy was not clearly articulated and that the City's prairie dog policies needed to be better defined. The Committee developed its own philosophy statement regarding prairie dog management and formulated 33 policy statements to guide actions taken by the City ofFort Collins to maintain prairie dog colonies on City natural areas (see Exhibit "A" to the Resolution). The policy statements fall under the following categories: policy application, land protection, education, natural control, research and experimentation, barriers, relocation, disease control, and fumigation. The majority of the 33 items simply reflect the City's past and current prairie dog management practices and techniques, now formalized into policy statements. For example, the City has been actively targeting acquisition of natural areas containing larger prairie dog colonies since 1993. To date, the City owns and manages about 1, 700 acres ofprairie dog colonies in the natural areas system, shown on the attached map. This has resulted in an increase in public ownership from 13% to 82% ofthe colonies identified in winter 1991-92 to be ofvalue for Fort Collins birds ofprey (e.g., the bald eagle, a Federal Threatened Species; theferruginous hawk, Colorado Species of Concern). Nine of the policy statements relate to relocation of prairie dogs, a management technique not actively pursued by the City in the past. The Open Lands/Natural Areas Management Team (interdepartmental team that developed management guidelines for City natural areas) and other 351 March 10, 1998 wildlife professionals have had major concerns regarding prairie dog relocation. These include human health risks, stress/death to relocated animals, impacts to prairie dog populations at the relocation site (e.g., potential introduction of disease, parasites, etc.), and the lack of viable relocation sites. Lack ofviable sites to receive relocatedprairie dogs remainsprohlematic. Achart outlining the availability of prairie dog relocation sites as of February, 1998, is attached. Nonetheless, the Prairie Dog Policy Committee developed nine policy statements regarding relocation to ensure that when this technique is able to be used (i.e., a relocation site is available), risks to human and wildlife health is minimized. One of the fumigation policy statements requires that interested organizations be afforded at least six weeks to pursue possible relocation ofprairie dogs prior to fumigation, unless emergency circumstances require immediate action. The proposed Prairie Dog Policy is consistent with the adopted Natural Areas Policy Plan and City Code, specifically, animal ordinances and City Plan's Land Use Code. Policv Review A public open house on theproposed Prairie Dog Policy was held on November 10, 1997. Although well -advertised, only thirty people attended the open house. Comments were received from 25 individuals during the commentperiod (November 10-17). Five individuals commentedstrongly that they could not support the killing of any prairie dogs by the City, while no one advocated that the Cityfumigate all prairie dogs on City -owned property. In addition, no one questioned the policy to pursue purchase of additional lands for prairie dogs. Methods to limit prairie dog movement through the use of barriers received mixed comments due to ineffectiveness. Requiring private landowners and/or developers to construct the barriers on private land (as opposed to the City constructing barriers on City land) was advocated by six individuals. Relocation received mixed comments. Some individuals felt that relocation was not humane and was too "stressful" to the animals or they had misgivings about the viability of relocation as a long-term management alternative. Comments regarding fumigation clearly indicated that most of the public felt that this technique should be very limited and the need for fumigation clearly demonstrated. The proposed Prairie Dog Policy was approved by two interdepartmental teams that guide management of natural areas: the Open Lands Guidance Team (Department Directors/Division Managers) and the Open Lands/Natural Areas Management Team (plans and implements site management plans for natural areas). Stafffrom the City Attorney and Risk Management oJfices also commented on the policy. The Natural Resources Advisory Board and the Parks and Recreation Board held several meetings from December1997-early February 1998 to discuss theproposedPrairieDogPolicy. Bothboards unanimously approved theproposed Prairie Dog Policy with minor editorial revisions. Theminutes of those Board meetings are attached. " 352 March 10, 1998 Councilmember Bertschy gave a brief update on this item and noted the report is a result of over two months worth of work on behalf of the committee. Councilmember Bertschy made amotion, secondedby Councilmember Wanner, to adopt Resolution 98-37. Environmental Planner Karen Manci gave a brief staff presentation and clarified the policy was encouraging, not requiring, homeowners to construct barriers on their land. She responded to Council questions regarding allowing dogs to run along the edges of the property as well as construction of a trail through the center of prairie dog colonies in an attempt to "move back" the prairie dog population. Brad Edwards, 2828 Cherry Lane, stated he did not believe adequate changes were made between the initial plan and the final plan, emphasizing that he believed the policy was more focused on a cure rather than prevention. Linda Cain, 3625 Soderburg Drive, member of the Policy Committee, spoke in opposition todestroying the prairie dogs. Lawrence Johnston, PERC, Protection of the Environment by Responsible Citizens, spoke of the need to manage the prairie dog population and urged adoption of the Resolution. William Terry, member of the Policy Committee, opposed the killing of animals and spoke of the hard work and efforts of all committee members. He supported adoption of the policy Phil Friedman, Vice -chair of the Natural Resources AdvisoryBoard and Policy Committee member, spoke of the need for management of the prairie dog population and spoke in support of the Resolution. Bill Miller, member of the Natural Resources Advisory Board and Policy Committee member, concurred with comments made by previous speakers. Friedman responded to Council questions and stated that he believed Fort Collins was doing an excellent job in maintaining and managing the prairie dog population. The vote on Councilmember Bertschy's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Smith and Wanner. Nays: None. THE MOTION CARRIED. 353 The meeting adjourned at 6:45 p.m. F.•YJIOT." •l,.,1, 11 11, ,1. Adjournment 354 March 10, 1998