Loading...
HomeMy WebLinkAboutMINUTES-02/21/2006-RegularFebruary 21, 2006 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, February 21, 2006, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answeredby the following Councilmembers: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Mayor Hutchinson stated each citizen participant would have five minutes to speak. Linda Hopkins, 1809 Rangeview Drive, stated the Planning and Zoning Board's entire discussion of the revisions to the big box standards was devoted to a single revision relating to strengthening the dual entrance requirement. The hope that big box retailers would design a second entrance on an alternate side wall was unfounded as big box retailers would be reluctant to change their standard operations. If a second entrance was not part of the big box plan, the alternative was a "line concept" in which the second side would be lined with other retailers. She stated Boardmember Stockover concluded that this would mean that the "big box simply got bigger" with additional stores along the side. She stated the Board did not discuss changes to neighborhood compatibility criteria or traffic impact evaluation criteria and those issues needed further consideration. Janice Hamsher, 317 Greenvale Drive, opposed the proposed Southwest Enclave Annexation. Courtney Przybylski, Director of Community Affairs for ASCSU, spoke regarding a discussion series that would be held on campus relating to behavioral issues affecting neighborhoods. Joe Rowan, Executive Director of Funding Partners, 214 South College Avenue, presented an update regarding the activities and mission of Funding Partners. City Participation Follow-up Mayor Hutchinson thanked those who spoke during Citizen Participation. A¢enda Review City Manager Atteberry stated there were no changes to the published agenda. He noted the Council had received a revised version of the Shields Street Findings Resolution. City Attorney Roy stated adoption of the Consent Calendar would include adoption of the revised Resolution. He stated one 321 February 21, 2006 of the findings had been reworded, and this was not a major change. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the January 17, 2006 Regular Meeting Second Reading of Ordinance No. 001, 2006 Appropriating Unanticipated Revenue in the Neighborhood Parkland Fund - Oak Street Plaza Park Capital Proiect to be Used to Construct Improvements to the Oak Street Plaza Park. This Ordinance, which was unanimously adopted on First Reading on February 7, 2006, appropriates unanticipated revenue in the Neighborhood Parkland Fund -Oak Street Plaza Park Capital Project to be used for improvements to the Oak Street Plaza Park. 8. Postponement of Second Reading of Ordinance No. 010. 2006. Granting a Non-exclusive Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and Its Successors and Assigns for the Right to Make Reasonable Use Of, and Erect. Construct, Operate and Maintain Through. the Public Rights -of -Way, Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City to March 7, 2006. The existing Cable Television Franchise calls for the cable operator (Comcast) to underground its cable lines within a certain time frame after the City places electric lines underground. A question has recently been raised about the time frame allowed for undergrounding in the existing franchise, and whether or not Comcast is allowed additional time to underground its cable lines under the existing franchise. Comcast is requesting a postponement to allow more time to meet with City staff to clarify and resolve the matter before Second Reading of the new franchise occurs. 9. Second Reading of Ordinance No. 012. 2006, Appropriating Unanticipated Grant Revenue in the General Fund for the Landmark Preservation Commission and Staff Education and Training. The Advance Planning Department has been awarded a $1,494 grant with no cash match for the purpose of education and training of Landmark Preservation Commission members and staff. This Ordinance, which was unanimously adopted on First Reading on February 7, 2006, allows appropriation of grant revenue in the General Fund for these training purposes. 322 February 21, 2006 10. Second Reading of Ordinance No. 013, 2006 Appropriating Unanticipated Revenue in the Recreation Fund and Authorizina the Transfer of Existing Appropriations in the Recreation Fund for Construction of a Water Slide Project at City Park Pool. The Recreation Division has identified funding for a double -flume water slide for City Park Pool. This Ordinance, which was unanimously adopted on First Reading on February 7, 2006, authorizes appropriation of unanticipated revenue in the Recreation Fund and the transfer of existing appropriations in the Recreation Fund for this project. 11. Second Reading of Ordinance No. 014, 2006, Appropriating Unanticipated Revenue in the General Fund for the Fort Collins Police Services Drunk Driving Enforcement Program. Ordinance No. 014, 2006 was unanimously adopted on First Reading on February 7, 2006 and appropriates grant funds from a 2006 Law Enforcement Assistance Fund, provided by the Colorado Department of Transportation, to help reduce the number of drunk drivers in Fort Collins. 12. Second Reading of Ordinance No. 015.2006. Appropriating Unanticipated Revenue in the Capital Projects Fund - South Taft Hill Road, Horsetooth Road to Harmony Road Protect, to Be Used for the Construction of Improvements to a Section of South Taft Hill Road from Horsetooth Road South to Harmony Road and Authorizing an Intergovernmental Agreement for the Project, The City of Fort Collins Engineering Department has received $1,736,400 from Larimer County's Regional Road Capital Expansion Fee Program. Larimer County has selected South Taft Hill Road from Horsetooth Road to Harmony Road to receive funds from this program for interim improvements. Ordinance No. 015, 2006, which was unanimously adopted on First Reading on February 7, 2006, appropriates unanticipated revenue in the Capital Projects Fund for these improvements. The Ordinance also authorizes an intergovernmental agreement documenting the City's and County's respective rights and responsibilities in connection with the construction project. 13. Second Reading of Ordinance No. 017, 2006, Amending Section 2-566 of the City Code Concerning the Adoption of the Classified Employee Pay Plan. Ordinance No. 017, 2006, which was unanimously adopted on First Reading on February 7, 2006, amends the City Code to clarify that the City Council adopts a Pay Plan for employees and the City Manager administers the Pay Plan by determining the salaries of individual classified employees within the pay ranges/skill levels established by the Pay Plan. 323 February 21, 2006 14. Second Reading of Ordinance No. 018. 2006, Amending Chapter 17, Article IV (Offenses Against Public Authority) and Chapter 23, Article IX (Natural Areas) of the City Code to Clarify and Update Certain Enforcement Authority and Natural Areas Restrictions. This Ordinance, which was unanimously adopted on First Reading on February 7, 2006, amends portions of Article IV of Chapter 17 and Article IX of Chapter 13 of the City Code to clarify and update certain enforcement authority and natural areas restrictions. 15. Second Reading of Ordinance No. 019. 2006. Designating the J.M. Morrison House and Carriage House, 718 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Ordinance No. 019, 2006, which was unanimously adopted on First Reading on February 7, 2006, designates the J.M. Morrison House and Carriage House as a Fort Collins Landmark. The owner of the property, John P. Gascoyne, is initiating this request. 16. Second Reading of Ordinance No. 020, 2006, Designating the Lee House Property, 1530 Remington Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. This Ordinance, which designates the Lee House Property as a Fort Collins Landmark, was unanimously adopted on First Reading on February 7, 2006. The owner of the property, 1530 Remington Limited Partnership, is initiating this request. 17. Second Reading of Ordinance No. 021, 2006, Designating the Kirby/Wade House and Historic Garage, 816 Laporte Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the Cites This Ordinance, which designates the Kirby/Wade House and Historic Garage as a Fort Collins Landmark, was unanimously adopted on First Reading on February 7, 2006. The owner of the property, Thomas Trumbower, is initiating this request. 18. Second Reading of Ordinance No. 022, 2006, Designating the James House Property, 210 North Loomis Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the Ci , Code. Ordinance No. 022, 2006, which was unanimously adopted on First Reading on February 7, 2006, designates the James House Property as a Fort Collins Landmark. The owner of the property, John F. Leach, is initiating this request. 19. Second Reading of Ordinance No. 023, 2006, Desi ng ating the 1953 GMC 500 GPM Front Mount Pumper. Owned by the Poudre Fire Authority. as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. This Ordinance, which was unanimously adopted on First Reading on February 7, 2006, designates the 1953 GMC 500 GPM Front Mount Pumper, as a Fort Collins Landmark. The fire engine is eligible for individual Fort Collins Landmark Designation under both 324 February 21, 2006 Landmark Standards (1) and (3). The owner of the property, Poudre Fire Authority, is initiating this request. 20. Second Reading of Ordinance No. 024, 2006, Authorizing the Conveyance of a Portion of the Timberline Substation Site Property to the Public Service Company. Ordinance No. 024, 2006, which was unanimously adopted on First Reading on February 7, 2006, authorizes a land exchange between the Utilities Department and the Public Service Company, with each conveying the other 6,237 square feet of land. This conveyance grants the City the necessary property interests for the ultimate design of Timberline Road. The Utilities Department and Public Service have agreed to this exchange. 21. Second ReadinaofOrdinanceNo.025.2006,Authorizingthe ConvevanceofaRenlacement Sewer Line Easement to Anheuser-Busch. the Transfer of Additional Prospect Road Rights - of -Way from the Natural Areas Program, and the Approval of Certain Drainage and Temporary Construction Alignments for the East Prospect Road and Related Improvements Adjacent to the Running Deer, Riverbend Ponds and Cottonwood Hollow Natural Areas. Transportation Services is proposing to improve a portion of East Prospect Road between the Poudre River on the west and Summit View Drive on the east. Part of the East Prospect Road improvements is construction of a new "Poudre River — Overflow Bridge". To construct this bridge, Transportation will need to relocate a small stretch of Anheuser Busch's sewer line from its current location on Riverbend Ponds and Cottonwood Hollow Natural Areas to a new location on the same properties. The Natural Areas Program will not be compensated for the relocation of easement, since the old easement alignment will be vacated resulting in no net increase in the easement area. This Ordinance, which was unanimously adopted on First Reading on February 7, 2006, authorizes the conveyance of a replacement sewer line easement to Anheuser Busch, the transfer of Prospect Road Right -of -Way, and approval of drainage and construction alignments to the Running Deer, Riverbend Ponds and Cottonwood Hollow Natural Areas. 22. First Reading of Ordinance No. 026, 2006 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2006 Adopted City Budget. The purpose of the previously appropriated funds remains the same, that being for land conservation, construction of parking lots, fences and trails, restoration of wildlife habitat and other natural areas program needs to benefit the citizens of Fort Collins. 23. First Reading of Ordinance No. 027, 2006, Appropriating Prior Year Reserves. City Council authorized expenditures in 2005 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2005 because: 325 24. February 21, 2006 • There was not sufficient time to complete bidding in 2005 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 2005 and reappropriation of those dollars is necessary for completion of the project in 2006; or • The programs, services, and facility improvements for which funds were appropriated in 2005 will continue into 2006. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2005. In November 2005, voters approved the renewal of the City's sales and use tax funded capital program known as Building on Basics ("BOB"). The proceeds from the BOB package were not appropriated in the 2006-2007 Budget process because the success of the measure was not known at the time of Council's consideration of the Budget ordinances. This ordinance appropriates funds from the Sales and Use Tax Fund allocation for BOB to the projects which will receive funding in 2006. 25. Items Relating to the Mason Transportation Corridor Bicycle/Pedestrian Trail Underpass Project. A. Resolution 2006-015 Authorizing the Mayor to Execute an Intergovernmental Agreement Between the City of Fort Collins and the Colorado Department of Transportation for the Design of the Mason Transportation Corridor Trail Underpass at the University Mall/Natural Resources Research Center Location. B. First Reading of Ordinance No. 029, 2006, Appropriating Revenue from the Colorado Department of Transportation in the Transportation Fund for the Mason Bicycle/Pedestrian Trail Underpass Project. This funding contract between the City and the Colorado Department of Transportation (CDOT) will allow work to begin on the design for the bicycle/pedestrian trail underpass for the Mason Transportation Corridor, under the Burlington Northern Santa Fe railroad tracks to connect the University Mall/Whole Foods shopping center to the Natural Resources Research Center (NRRC)/CSU Veterinary Teaching Hospital campus. Subsequent funding contracts will be submitted to the City by CDOT later this year to provide funding for the right-of-way and construction phases of this project. 326 February 21, 2006 26. First Reading of Ordinance No. 030, 2006, Authorizing the Transfer of Anroronriations Between Capital Projects Within the Wastewater Fund for the Purpose of Purchasing Property. The Wastewater Utility has a time sensitive opportunity to purchase land. This can be achieved by transferring money from the budget for land purchases in the Drake Water Reclamation Facility ("DWRF") capital project to the land budget Sludge Disposal Improvements capital project. 27. First Readine of Ordinance No. 031, 2006, Establishing City of Fort Collins Telecommunication Customer Service Standards - Cable Television. The purpose of the Fort Collins Telecommunications Customer Service Standards - Cable Television (the "Standards") is to establish requirements for the quality of service provided by cable operators to their customers in Fort Collins. Minimum Customer Service Obligations were established by the Federal Communications Commission (the "FCC') at Section 76.309, April, 1993. The FCC allows cities to adopt their own more stringent standards. The proposed Standards are incorporated by reference in the Franchise Agreement between the City of Fort Collins and Comcast Cable of Colorado/California, LLC. The same Standards will apply to any other cable television operator doing business in Fort Collins. 28. First Reading of Ordinance No. 032, 2006, Amending Section 2-203 of the City Code Regarding the Functions of the Cultural Resources Board. The purpose of the Ordinance is to correct an error in the City Code. The Cultural Resources Board, as one of its functions under the City Code, makes recommendations to the City Council regarding funding proposals submitted through the Fort Fund program. Before 1997, the Fort Fund Program only allocated funds from the Cultural Development and Programming Account. In 1997, the Council passed Ordinance No. 074, 1997, amending Section 2-203 of the Code regarding the functions of the Cultural Resources Board, and Resolution 1997-060, amending the Fort Fund Guidelines, to allow the Fort Fund Program to also allocate funds from the Tourism Programming Account. In 1999, Ordinance No. 023, 1999 was passed by the Council to add a new function of the Cultural Resources Board to Section 2-203 of the Code. Unfortunately, when the 1999 Ordinance was drafted, it did not include the changes made to Section 2-203 in 1997, and by approval of the 1999 Ordinance, the words "Tourism Programming Account' were unintentionally deleted from Section 2- 203. This error was just recently discovered. Approval of this Ordinance would amend Section 2-203 of the Code to clearly authorize the Cultural Resources Board to disburse both Cultural Development and Programming Account and Tourism Programming Account funds. 327 February 21, 2006 29. First Reading of Ordinance No. 033, 2006, Amending the Effective Date of Section 8 of Ordinance No. 123, 2005, Pertaining to the Definition of "Family" as Contained in Section 5.1.2 of the Land Use Code. This Ordinance will change the effective date of the new definition of "family" in the Land Use Code so that it coincides with the effective date of the City's new occupancy limit, which is January 1, 2007. 30. First Reading of Ordinance No. 034, 2006, Amending the City Code with Regard to the Posting of Public Notice of the Meetings of the City Council, Committees of the Council and City Boards and Commissions. This Ordinance amends various sections in Chapter 2 of the City Code relating to the posting of public notice of meetings of the City Council, committees of the Council and City boards and commissions, to reflect a change in the location of the place of posting, and to clarify existing language about the types of meetings that need to be posted. 31. First Reading of Ordinance No. 035, 2006, Amending Chapter 23 of the City Code Relating to the Conveyance of Easements Required to Obtain Utility Service. Generally, utility services such as electrical service from Public Service Company of Colorado in areas located outside of the city limits, or natural gas service, are governed by tariffs that have been approved by the Colorado Public Utilities Commission. Such tariffs require that the customer's receipt of service be deemed to create a utility easement for the installation of service lines and other infrastructure necessary for the service. The Code requirement that utility easements must be approved by ordinance creates a substantial impediment to City staff s ability to arrange for utility services for City facilities and improvements. To provide a more efficient mechanism for arranging for utility services, staff is requesting that the City Council amend the City Code to allow the Purchasing Agent, with the approval of the City Manager, to contract for utility services and grant utility such rights -of -way as may be required in connection with those services. 32. Items Relating to Boma Annexation and Zoning, A. Resolution 2006-016 Setting Forth Findings of Fact and Determinations Regarding the Boma Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 036, 2006, Annexing Property Known as the Boma Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 037, 2006, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included 328 February 21, 2006 in the Boma Annexation to the City of Fort Collins. This is a request to annex and zone 82.05 acres located at the southwest corner of East Douglas Road (County Road 54) and Turnberry Road (County Road 11). The property contains one (1) existing farmstead with agricultural uses and several existing oil wells and is in the FA-1 Farming District in Larimer County. The requested zoning in the City of Fort Collins is UE - Urban Estate. Staff recommends this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map because the property is shown to already be outside of the Areas Not In The Sign District. 33. Items Relating to the Sunrise Ridge Second Annexation and Zoning: A. Resolution 2006-017 Setting Forth Findings of Fact and Determinations Regarding the Sunrise Ridge Second Annexation. B. Hearing and First Reading of Ordinance No. 038, 2006, Annexing Property Known as the Sunrise Ridge Second Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 039, 2006, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Sunrise Ridge Second Annexation to the City of Fort Collins, Colorado. This is a 100% voluntary annexation and zoning of a property approximately 5.29 acres in size. The site is 5221 S. Strauss Cabin Road located approximately one-half mile south of East Harmony Road on the west side of Strauss Cabin Road. Contiguity with the existing municipal boundary is gained along the entire northern boundary which is shared with Sunrise Ridge First Annexation. Contiguity is also gained along the entire west boundary which is shared with the Willow Brook Subdivision (Observatory Village). 34. First Reading of Ordinance No. 040, 2006, Authorizing the Conveyance of a Conservation Easement on City Natural Area Property (Round Butte Ranch Phase I) to Larimer County and Authorizing a Related Grant A2reement with the Board of the Great Outdoors Colorado Trust Fund. This Ordinance authorizes the conveyance of a 640-acre conservation easement on Round Butte Ranch, Phase I, from the City's Natural Area system to Larimer County. The City will receive a $216,000 grant from Great Outdoors Colorado to support the conservation of the property. The grant requires that a conservation easement be placed on the property and conveyed to a qualified third party. The conservation easement acknowledges and protects the natural qualities of the property. It also allows a single five -acre building envelope as well as continued ranching and other compatible activities. 329 February 21, 2006 35. First Reading of Ordinance No. 041, 2006, Authorizing the Conveyance of a Non -Exclusive Sanitary Sewer Easement for the Cherry Street Station Development. Cherry Street Station is a loft project being developed on Cherry Street near North College Avenue. The nearest sewer line connection for this project is located in Martinez Park across the railroad track from the development. The developer has requested a sewer line easement from the City to connect to the City sewer system. The City Parks Department has no objections or concerns regarding the proposed connection through this park. The total square footage for this easement is 1,606. 36. Resolution 2006-018 Making Findings of Fact and Conclusions Pertaining to the Anneal of the Determination of the Planning and Zoning Board Regarding the Shields Street Lofts Project Development Plan. On December 14, 2005, an appeal of the December 8, 2005 decision of the Planning and Zoning Board to deny the Shields Street Lofts (515 South Shields Street), Project Development Plan (the "Project") was filed by the Appellants Mikal S. Torgerson and Troy W. Jones. On February 7, 2006, City Council voted to overturn the Planning and Zoning Board's denial of the Project and remand the Project back to the Board for further discussion regarding the non-residential parking impacts of the development on surrounding properties as a component of the "compatibility" requirement in Section 5.1.2 of the Land Use Code. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. 37. Resolution 2006-019 Making Findings of Fact and Conclusions Pertaining to the Appeal of the Determination of the Planning and Zoning Board Regarding the Timberline Center Project Development Plan. On December 29, 2005, an Amended Notice of Appeal was filed by V.F. Ripley Associates, Inc., regarding the December 8, 2005 decision of the Planning and Zoning Board. This decision approved the Timberline Center PDP but, in so approving, denied the Request for Modification to Section 4.23(B)(c)5. which requires a minimum of three-quarters of a mile (3,960 feet), measured in a straight line, as the distance between retail stores with fuel sales and any fueling station. On February 7, 2006, City Council voted 6 — 1 to uphold the decision of the Planning and Zoning Board. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. 38. Resolution 2006-020 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The guidelines for the Cultural Development and Programming and Tourism Programming 330 February 21, 2006 accounts (Fort Fund) provide a three -tiered funding system. Organizations may apply for grants from these accounts to fund community events. Tier #1 was established as an annual programming fund for organizations whose primary purpose is to present three or more public events annually. These groups may apply for funding from Tier #1 each April. Tier #2 allows organizations that are not eligible for Tier #1 support to apply for funding of events that are not fund-raising in nature and do not generate more than $5,000 in proceeds after expenses. Tier #3 allows organizations that are not eligible for Tier #1 support to apply for funding of events that generate more than $5,000 in proceeds after expenses and are fund- raising in nature. Applications for support from Tier #2 and Tier #3 are accepted each January and June. Disbursements from funds in the City's Cultural Development and Programming and Tourism Programming accounts were recommended by the Cultural Resources Board at its regular meeting of January 25, 2006 for Tier #2 and Tier #3 applicants. Adoption of this Resolution would approve the recommended disbursements. 39. Resolution 2006-021 Authorizing the Mavorto Execute Intergovernmental Agreements with the Colorado Department of Transportation Regarding the Development of a Traveler Information Web Page as Part of the Advanced Traffic Management System. The Colorado Department of Transportation (CDOT) has awarded the City of Fort Collins $418,090 in Federal Congestion Mitigation and Air Quality Funds to develop a web traveler information page. The purpose of this project is to provide real time information to travelers so that people will have excellent information before making a trip. These Federal funds will be matched with $96,173 in local funds. The Federal funds will be available in two stages: $255,604 between today's date and July 1 and $162,486 after July 1. The funds are currently available in the Traffic Operations 2006 approved budget. 40. Resolution 2006-022 Authorizing the Execution by the Purchasing Agent of a Contract for the Construction of a Portion of Timberline Road. City Code Section 22-39 specifies the advertising of bids and letting of contracts for Special Improvement Districts shall be at the sole discretion of City Council. The Engineering Plans and specifications were advertised for bidding on January 13, 2006 through the normal City Purchasing process. A pre -bid conference was held on January 24, 2006 for all interested contractors. Bids were solicited and opened on February 14, 2006 at 3:OOPM in the Purchasing Office at 215 North Mason. Staff has reviewed the bid forms and has determined that Connell Resources, Inc. is the lowest responsible bidder. 41. Resolution 2006-023 Making Appointments to the Various Boards and Commissions A vacancy currently exists on the Air Quality Advisory Board due to the resignation of 331 February 21, 2006 Linda Stanley. Applications were solicited and Councilmembers Roy and Ohlson conducted interviews. The Council interview team is recommending Jeff Engell to fill the vacancy with a term to begin immediately and set to expire on December 31, 208. A vacancy currently exists on the Citizen Review Board due to the resignation of Monica Garcia. Councilmembers Brown and Ohlson reviewed the applications on file and are recommending Glenn Strunk to fill the vacancy with a term to begin immediately and set to expire on December 31, 2010. A vacancy exists on the Senior Advisory Board due to the resignation of Heather Heafer. Mayor Hutchinson and Councilmember Brown reviewed the applications on file and are recommending Matt Malcolm to fill the vacancy with a term to begin immediately and set to expire on December 31, 2008. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. Second Reading of Ordinance No. 001, 2006 Appropriating Unanticipated Revenue in the Neighborhood Parkland Fund - Oak Street Plaza Park Capital Project to be Used to Construct Improvements to the Oak Street Plaza Park. 9. Second Reading of Ordinance No. 012, 2006, Appropriating Unanticipated Grant Revenue in the General Fund for the Landmark Preservation Commission and Staff Education and Training. 10. Second Reading of Ordinance No. 013, 2006 Appropriating Unanticipated Revenue in the Recreation Fund and Authorizing the Transfer of Existing Appropriations in the Recreation Fund for Construction of a Water Slide Project at City Park Pool. 11. Second Reading of Ordinance No. 014, 2006, Appropriating Unanticipated Revenue in the General Fund for the Fort Collins Police Services Drunk Driving Enforcement Program. 12. Second Reading of Ordinance No. 015, 2006, Appropriating Unanticipated Revenue in the Capital Projects Fund - South Taft Hill Road, Horsetooth Road to Harmony Road Project, to Be Used for the Construction of Improvements to a Section of South Taft Hill Road from Horsetooth Road South to Harmony Road and Authorizing an Intergovernmental Agreement for the Project. 13. Second Reading of Ordinance No. 017, 2006, Amending Section 2-566 of the City Code Concerning the Adoption of the Classified Employee Pay Plan, 14. Second Reading of Ordinance No. 018, 2006, Amending Chapter 17, Article IV (Offenses Against Public Authority) and Chapter 23, Article IX (Natural Areas) of the City Code to Clarify and Update Certain Enforcement Authority and Natural Areas Restrictions. 332 February 21, 2006 15. Second Reading of Ordinance No. 019, 2006, Designating the J.M. Morrison House and Carriage House, 718 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 16. Second Reading of Ordinance No. 020, 2006, Designating the Lee House Property, 1530 Remington Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 17. Second Reading of Ordinance No. 021, 2006, Designating the Kirby/Wade House and Historic Garage, 816 Laporte Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 18. Second Reading of Ordinance No. 022, 2006, Designating the James House Property, 210 North Loomis Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 19. Second Reading of Ordinance No. 023, 2006, Designating the 1953 GMC 500 GPM Front Mount Pumper, Owned by the Poudre Fire Authority, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 20. Second Reading of Ordinance No. 024, 2006, Authorizing the Conveyance of a Portion of the Timberline Substation Site Property to the Public Service Company. 21. Second Reading of OrdinanceNo. 025,2006, Authorizingthe Conveyance of aReplacement Sewer Line Easement to Anheuser-Busch, the Transfer of Additional Prospect Road Rights - of -Way from the Natural Areas Program, and the Approval of Certain Drainage and Temporary Construction Alignments for the East Prospect Road and Related Improvements Adjacent to the Running Deer, Riverbend Ponds and Cottonwood Hollow Natural Areas. 46. Second Reading ofOrdinance No. 016, 2006, Amending Chapter 8 of the City Code Relating to the Creation of the Storm Drainage Fund. Ordinances on First Reading were read by title by City Clerk Krajicek. 22. First Reading of Ordinance No. 026, 2006 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2006 Adopted City Budget. 23. First Reading of Ordinance No. 027, 2006, Appropriating Prior Year Reserves. 24. First Reading of Ordinance No. 028, 2006, Appropriating Unanticipated Revenue in the Sales and Use Tax Fund From the Proceeds of a Dedicated 0.25 Cent Sales and Use Tax Approved by the Voters for Transfer to the Capital Projects Fund, the Transit Services fund, and the Cultural Services and Facilities Fund to be Used for Projects Identified in the Building on Basics Capital Improvement Program. 333 February 21, 2006 25. Items Relating to the Mason Transportation Corridor Bicycle/Pedestrian Trail Underpass Project. B. First Reading of Ordinance No. 029, 2006, Appropriating Revenue from the Colorado Department of Transportation in the Transportation Fund for the Mason Bicycle/Pedestrian Trail Underpass Project. 26. First Reading of Ordinance No. 030, 2006, Authorizing the Transfer of Appropriations Between Capital Projects Within the Wastewater Fund for the Purpose of Purchasing Property. 27. First Reading of Ordinance No. 031, 2006, Establishing City of Fort Collins Telecommunication Customer Service Standards - Cable Television. 28. First Reading of Ordinance No. 032, 2006, Amending Section 2-203 of the City Code Regarding the Functions of the Cultural Resources Board. 29. First Reading of Ordinance No. 033, 2006, Amending the Effective Date of Section 8 of Ordinance No. 123, 2005, Pertaining to the Definition of "Family" as Contained in Section 5.1.2 of the Land Use Code. 30. First Reading of Ordinance No. 034, 2006, Amending the City Code with Regard to the Posting of Public Notice of the Meetings of the City Council, Committees of the Council and City Boards and Commissions. 31. First Reading of Ordinance No. 035, 2006, Amending Chapter 23 of the City Code Relating to the Conveyance of Easements Required to Obtain Utility Service. 32. Items Relating to Boma Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 036, 2006, Annexing Property Known as the Boma Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 037, 2006, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Boma Annexation to the City of Fort Collins. 33. Items Relating to the Sunrise Ridge Second Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 038, 2006, Annexing Property Known as the Sunrise Ridge Second Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 039, 2006, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Sunrise Ridge Second Annexation to the City of Fort Collins, Colorado. 334 February 21, 2006 34. First Reading of Ordinance No. 040, 2006, Authorizing the Conveyance of a Conservation Easement on City Natural Area Property (Round Butte Ranch Phase I) to Larimer County and Authorizing a Related Grant Agreement with the Board of the Great Outdoors Colorado Trust Fund. 35. First Reading of Ordinance No. 041, 2006, Authorizing the Conveyance of a Non -Exclusive Sanitary Sewer Easement for the Cherry Street Station Development. Councilmember Manvel made a motion, seconded by Councilmember Ohlson, to adopt and approve all items on the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED Consent Calendar Follow-up Councilmember Kastein spoke regarding item #24 First Reading of Ordinance No. 028, 2006, Appropriating Unanticipated Revenue in the Sales and Use Tax Fund From the Proceeds of a Dedicated 0.25 Cent Sales and Use Tax Approved by the Voters for Transfer to the Capital Projects Fund, the Transit Services fund, and the Cultural Services and Facilities Fund to be Used for Projects Identified in the Building on Basics Capital Improvement Program. Councilmember Weitkunat spoke regarding item #38 Resolution 2006-020 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. Councilmember Ohlson spoke regarding item #27 First Reading of Ordinance No. 031, 2006, Establishing City of Fort Collins Telecommunication Customer Service Standards - Cable Television. He stated the Telecommunications Board minutes reflected the Board had some questions that would be answered at the next meeting, which would take place prior to Second Reading of the Ordinance. He wanted to ensure the Council received those answers prior to Second Reading. Councilmember Roy spoke regarding item #18 Second Reading of Ordinance No. 022, 2006, Designating the James House Property, 210 North Loomis Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. He had heard some citizen concerns about the name of the house and, based on the research that had been done, the name was appropriate. Staff Reports City Clerk Krajicek reported the City Clerk's Office was now accepting passport applications on behalf of the U.S. Department of State. She stated this was identified during the Budgeting for Outcomes process as a way to provide additional service to the citizenry and to generate extra revenue. City Manager Attebeny stated this new service would provide greater accessibility. 335 February 21, 2006 Councilmember Brown asked if the City Clerk's Office took passport photos. City Clerk Krajicek stated her office did not yet take those photos and was planning on doing so within a few weeks. About five to six passport applications were being accepted each day at this time. Couneilmember Reports Councilmember Manvel reported on Legislative Day at the Colorado Municipal League. Councilmember Ohlson stated the Mayor had indicated he could bring up several items that would typically wait until Other Business. He stated Comcast had decided to provide a basic cable package for Fort Collins and he would like to see that publicized so people would be aware of the new package. He asked if there was support to have staff look at ways to do that in cooperation with Comcast. Councilmember Manvel noted that the basic package was not yet listed among the options on the Comcast website. Mayor Hutchinson reported on City efforts in opposition to SB 169 relating to eminent domain and the formation of urban renewal authorities. Councilmember Ohlson stated he would like to see additional efforts to publicize the new $35 surcharge on moving violations to get people to slow down. Items Relating to Street Nanjing. Adopted The following is staff s memorandum on this item. "EXECUTIVE SUMMARY A. Resolution 2006-024 Updating the List For Arterial and Collector Street Names. B. Resolution 2006-025 Renaming Cambridge Avenue and the Segment of Trilby Road Lying East of Ziegler Road. Section 24-91 of the City Code requires that all new arterials and collectors be named from the official list of street names approved by the City Council. The list is adopted by the City Council and names can be added only by resolution of the City Council. This Resolution represents an update to the official list of eligible street names in order to add a significant number of new names and delete names that have been selected since the last update in September of 2005. Cambridge Avenue has been totally incorporated into the City as a result of four annexations between 1993 and 2004. The name "Cambridge " Avenue . however, is a duplicate with an existing "Cambridge "Drive located in the Cottonwood Subdivision east of Stover Street between Columbia Road and Drake Road. The Resolution offers Council an opportunity to remove this duplication by 336 February 21, 2006 selecting a new name for Cambridge Avenue, and to that segment of Trilby Road lying east of Ziegler Road. BACKGROUND ITEMA Three Previous Actions Spring 2000 In the Spring of 2000, City Council updated the official list to delete nine names that had been previously selected and added seven new names. Of these seven, five were selected to rename existing County Roads in the southeast quadrant of the City. The Board of County Commissioners then approved an action to continue these newly selected names to the limits of the Growth Management Area. The affected roads were: From: To: County Road 7 Strauss Cabin Road County Road 9 Ziegler Road County Road 11 Timberline Road County Road 32 Carpenter Road County Road 36 Kechter Road Fall 2003 In the Fall of 2003, City Council again updated the list to delete five names that had been previously selected and added 16 new names. Of these 16, six were selected to rename existing County roads in the northeast quadrant of the City, five as arterial streets and one as a state highway. In addition, four names were selected to name new collector streets. The Board of County Commissioners approved continuing the newly selected names for the arterials and state highway to logical termination points both inside and outside the Growth Management Area. The affected arterial/minor arterial roads were: From: County Road 50 County Road 52 County Road 54 County Road 11 County Road 9 State Highway One 337 To: Mountain Vista Drive Richards Lake Road Douglas Road Turnberry Road Giddings Road Terry Lake Road February 21, 2006 September 2005 In September 2005, four new names were added and 18 names were deleted as they had been selected or were duplicates. From this updated list, three collector streets were renamed: From: Coffey Parkway Katandin Drive Sagebrush Drive Council Action Required To: William Neal Parkway Charles Brockman Drive Joseph Allen Drive Council needs to take action on the proposed Resolution to delete four previously selected names used in the Fort Collins GMA, delete a duplicate name and add 41 new names. A. Delete Four Previously Selected Names: William Neal Charles Brockman Joseph Allen Hope Sykes B. Delete One Name Duplicated in a County Subdivision: Christman Drive Fort Collins Community Airpark Subdivision C. Add 41 New Names: The list of new recommended names is attached. It includes adding in (Tom) Coffey which was replaced by William Neal in Rigden Farm. Why Expand the Official List? With the result of the update in September 2005, the official list was left with 32 eligible names. Many of these names have been passed over since the inception of the list for a variety of reasons. For example, developers have consistently passed over "Coffin" (evokes the image of the noun), "Ghent" (difficult to pronounce), "Clammer" (odd -sounding), "Smiley" (evokes an emotional image), and "House" (evokes the image of the noun). While the passing over of these names is not meant to disparage the contributions of these individuals, city-wide developers have told us that the likelihood of these names being selected is minimal. In addition, since 2000, staff has met with residents of the southeast and northeast neighborhoods regarding new street names and found that several of the official names simply were not desired as a public street name. For example, staff has tried unsuccessfully to rename a duplicate street name 338 February 21, 2006 (Cambridge Avenue) to one of the existing names on the list. Recent efforts have failed to gain a consensus on a new name. The expanded list is intended to broaden the choice of a replacement name so the duplication can be resolved. Citizen Ad Hoc Advisory Committee Staffformed an advisory committee to assist in generating new names to offer City Council. The committee was guided by the criteria found in Section 24-91 of the City Code which was amended in September of 2003 to include "names of natural areas, natural features, and other names of places, things, or deceased persons as the Council may approve. " One of the primary motivations of the committee was to broaden the selection for renaming Cambridge Avenue which was recently improved to a collector road standard. The new name for Cambridge Avenue is important as it is now a prominent and highly visible, signalized intersection along the southern gateway to the City. Given this prestigious location, the committee believed the new name should reflect community values. It is the committee's hope that the expanded list will offer Council, citizens, developers and other interested parties an interesting and appealing choice of names that pay tribute to our distinctive heritage by honoring those persons and features that have contributed to our uniqueness. Street Naming Criteria — City Code - Section 24-91 Section 24-91. List of street names. All new arterial and collector streets, as defined in the City of Fort Collins Master Street Plan, are to be named from the list of street names approved by the City Council. The list of street names shall be composed of names of natural areas, natural features, historic and/or well-known places, citizens of the city or Growth Management Area whom the Council would like to honor posthumously, and such other names of places, things or deceased persons as the Council may approve. With respect to citizens of the city whom the Council desires to honor posthumously, such citizens must have devoted much time and effort to the city either as a former City officer or employee, a former Colorado State University officer or employee, a person important in the founding of the city or a former citizen of exemplary character deserving of special recognition. The list of street names shall be adopted and amended by the City Council by resolution. All new arterial and collector streets which are not extensions of existing arterial and collector streets must be named from the foregoing list of street names, and the Director of Community Planning and Environmental Services shall strike names from the list as they are used in the naming ofsuch new arterial and collector streets and shall promptly file an updated list in the Office of the City Clerk. 339 February 21, 2006 ITEM B Since 2000, staff has been working with Larimer County and emergency providers to improve the street naming and addressing system in the Growth ManagementArea. Council actions in 2000 and 2003 have resulted in replacing numbered County Roads with new proper names upon annexation. These actions also updated the official list of names eligible for arterials and collectors. Public outreach efforts to rename Cambridge Avenue did not produce a consensus on a new name to be forwarded to Council. Consequently, the official list has been expanded to offer greater choice. Annexation Activity The following annexations have incorporated Cambridge Avenue into the City limits: • 1993 - Ricketts First Annexation • 1993 —Ricketts Second Annexation • 1994 — Harmony Farm Annexation • 2000 — Kendall — Harmony Annexation • 2004 — Harmony Farm Second Annexation Staff has been aware of the duplication with Cottonwood Subdivision. Only with the most recent annexation, however, has the entire right-of-way for Cambridge Avenue been encircled. Coordination with Larimer County, Agencies and Emergency Providers This renaming effort is a component of a larger coordination with Larimer County which is implementing a comprehensive Rural Addressing Improvement Project. In addition, staff has worked in partnership with the following: 1. Larimer Emergency Telephone Authority (LETA) 2. Poudre Fire Authority 3. City of Fort Police — Poudre Emergency Communication Center 4. United States Postal Service 5. City of Fort Collins Graphic Information Services The goal is to ensure proper emergency response by improving a street naming and addressing system that has evolved somewhat organically over time. Improvements to Cambridge Avenue Cambridge Avenue has been improved to collector road status from East Harmony Road south to Rock Creek Drive. This project was designed and managed by private developers with financial reimbursement by the Cityfrom the Street Oversizing Fund. With this improvement, Cambridge Avenue has been significantly transformed and will tie into Trilby Road, creating a more 340 February 21, 2006 comprehensive collector roadway system for southeast Fort Collins that will serve thefollowing: • Harmony Technology Park • Imago Enterprises • Fossil Ridge High School • Future Community Park • Observatory Village Neighborhood Center • Fossil Lake Ranch Subdivision Existing Cambridge "Avenue" Cambridge Avenue is a north -south street located entirely south ofEast Harmony Road. On the east side of the road are seven residential lots. Five of these were platted in Lorimer County and contain existing residences. The northernmost two lots were platted in the City and remain vacant. Of the five affected residential properties, two are owner -occupied. On the west side, Harmony Technology Park is vacant. Existing Cambridge "Drive" — Cottonwood Subdivision Cambridge Drive serves 27 houses platted in 1976 with the Cottonwood Subdivision. This is an east -west local street that tees into Stover Street one block south of Columbia Road. Citizen Participation Staff has been working on renaming Cambridge Avenue since the right-of-way was surrounded as a result of the Harmony Farm Second Annexation in the Spring of 2004. On May 27, 2004, Imago Enterprises, primary developer of Cambridge Avenue, requestedstaffresolve the duplication. Since May of 2004, the following has occurred: • August 30, 2004 - Neighborhood Information Meeting - The name "Evans " was preferred but proved to be a duplicate with a name in another community but within our 911 calling area. • August 2004—December 2004 - Staffcorresponded with affected property owners regarding anew selection process within the criteria of City Code. Attempts at reaching a consensus are not successful. Frustration with the existing list of names is expressed. • Fall 2005 - Staff decided to expand the list to make the choices of names more appealing. A citizen ad hoc advisory committee was formed to assist staff. • October - November 2005 - Committee met twice and 41 new names were offered to be added to the list. The committee identified seven names that created the most interest in attempt to help Council narrow down the choice of the final selection. • December 2005 — a website was prepared that was featured on the City's homepage and 341 February 21, 2006 provided background on the issue, the list of names, and an opportunity to vote on a new name. A new name may be selected from the "top seven, " the entire list, or a new name may be offered that meets the naming criteria. • January 2006 — Studio 14, a `/z hour City television show, was taped that discussed the renaming issue to create awareness and interest. January 20, 2006— a letter was sent to all abutting property owners regarding the pending Council action. • January — February 2006 — a press release resulted in two feature articles, one in the Coloradoan and one in the Fort Collins Weekly. • January — February 2006 — the voting on the website is ongoing. Results of Citizen Input Staffhas received letters and a -mails regarding selection of the new name. In addition, the website poll has yielded public input. The letters and result of the polling on the website are attached. Trilby Road Re -naming and Fossil Lake Ranch Subdivision Fossil Lake Ranch subdivision is east of Ziegler Road and was developed in the County but is now annexed. As it developed, Trilby Road was extended east into the neighborhood and continued the name, Trilby. The alignment of this road, however, shifts to a north -south direction within the subdivision and now ties into Cambridge Avenue. Staffis recommending the segment ofTrilby Road that lies east of Ziegler Road be re -named to match the new name for Cambridge Avenue. By so doing, the name break will occur at the intersection of Ziegler Road, a section -line road classified as a minor arterial. This location will be more visible than if the name break occurred internally within the neighborhood. On the address grid, the newly renamed Cambridge Avenue will be a north -south street all the way to Ziegler. Trilby Road will continue to addressed as an east - west street. There are no affected addresses on Trilby Road within Fossil Lake Ranch. Residents in the neighborhood were invited to the neighborhood information meeting held on August 30, 2004. Council Action Required As mentioned, City Council is required to select the new name from the official list. If Council would like to add a name that is not on the list, then it must first be adopted by Resolution for inclusion onto the list. Based on Council action on the Resolution that expands the list, the choice has been significantly widened. Any name on the adopted list is eligible. The citizen ad hoc committee highlighted seven 342 February 21, 2006 particular names, in no ranking order, to give Council the option of considering names that created the most excitement. Next Stens Staffwillprovide official notification of Council action to the LETA, Poudre Fire Authority, Police Services, County Sheriffs Department, City of Fort Collins GISDepartment, utilityproviders, and all other entities that maintain mapping data. Please note that, consistent with previous renaming actions, any new street names do not affect any legal description of real property and mail can be delivered to two addresses for a period of one year. New street signs will be installed and paid for by the City. Cost estimate is $1,500, " City Manager Atteberry introduced the agenda item. Ted Shepard, Chief Planner, presented background information relating to the agenda item. He stated the first Resolution would update the street naming list and the second Resolution related to the renaming of Cambridge Avenue. He outlined the public outreach efforts on this issue. Mayor Hutchinson stated each citizen participant would have three minutes to comment. Betty Ann Martell, Fort Collins resident, spoke in favor of the name "Aggie Road." Les Kaplan, 140 Palmer Drive, stated he and Village Homes favored the name "Lady Moon." Laurel Cubin, 4708 Cambridge Avenue, supported the name "Nichols Avenue." Arlene Ahlbrandt, local historian, spoke in favor of the name "Lady Moon." Wayne Sundberg, 1108 Lynnwood Drive, supported the name "Lady Moon." Cheryl Beckett, Fort Collins resident, gave a brief portrayal of Lady Moon. Dave Coulson, 408 Strasburg Drive, stated he would soon be a Cambridge Road resident and spoke in favor of the name "Aggie Road." Councilmember Brown asked why Cambridge Avenue would not have the name Trilby Road since it was going to be tied into Trilby Road. Shepard stated Cambridge Avenue would be a north -south street on the addressing grid and that Trilby Road would remain an east -west street. It was not advisable to have a situation with an east -west and north -south street with the same name and confusing numbers. The name break would occur at the intersection of Ziegler Road at the request of the Poudre Fire Authority so that it would be highly visible. Councilmember Manvel asked for an explanation of Exhibit A, which listed all of the street names. Shepard stated the Exhibit included names that would be added by the Resolution and names that 343 February 21, 2006 were being deleted since they had been used or were duplicates. Councilmember Kastein asked if it was true that there was no spot elsewhere for the name "Aggie" to be used. Shepard stated there would be more opportunities with new subdivisions that would have collector streets to select a name off the list, and it appeared that "Aggie" would be added to the list. He stated there would probably be no opportunities to use the name "Aggie" for arterials. Councilmember Kastein asked if any of the new collectors would be on the northwest side of town closer to CSU. Shepard stated he could not think of a subdivision in the north central part of town that would have a new collector roadway that could be given a name. He stated there could be an opportunity to rename County Road 42C (south of Hughes Stadium) and this would be located close to the "A." Councilmember Kastein asked why the name "Lady Moon" was added to the process so late and whether it was a name considered by the committee. Shepard stated the name "Lady Moon" was considered by the committee but it was not one of the top seven names. Councilmember Kastein asked if the process was a "little too thorough" and lengthy. He asked if staff believed that there was a better way to do this with a more "succinct process." Shepard stated the renaming of roads that were numbered in the County began in 2000. He stated the process in this area "hit a snag" and staff deliberately lengthened the process in this area to deal with the "frustration" that was shown. Councilmember Roymade a motion, seconded by Councilmember Brown, to adopt Resolution 2006- 024. Councilmember Ohlson stated the naming of streets was an important issue and it was important to "honor the proper people and heritages." He was pleased that additional names were being added to the list that recognized the native peoples, natural heritage, landmarks and local history. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED Councilmember Ohlson suggested Council interaction before a name was inserted in the Resolution renaming Cambridge Avenue. Mayor Hutchinson stated would be acceptable. Councilmember Kastein stated he favored the usual format to ask questions ahead of time, make a motion, discuss the motion, and make comments. City Attorney Roy stated the Council could change the procedure. When there was disagreement on how to proceed, the Mayor would make a determination, subject to being overridden by a majority of the Councilmembers. 344 February 21, 2006 Mayor Hutchinson asked what the majority wanted to do. Councilmember Kastein stated he did not want to see Councilmembers become "entrenched in a position" when the motion was made and he thought it was better to have open discussion of the motion on the table. Councilmember Weitkunat stated she would like to have the Council "stick to the normal process." Mayor Hutchinson stated he would entertain a motion to adopt the Resolution with insertion of a proposed name. Councilmember Weitkunat made a motion, seconded by Councilmember Brown, to adopt Resolution 2006-025, inserting the name "Lady Moon." Councilmember Ohlson stated the top names on the list represented more significant community contributions and local heritage than the name "Lady Moon." He stated that name would not be even close to his first pick. Councilmember Weitkunat spoke in support of the motion. She stated the street names in the area dealt with constellations and the observatory and the name "Lady Moon" would be a "real connection." Lady Moon also was a "strong historical woman with a strong pioneer spirit." She would also like to see the name "Aggie Road" used in the area near the stadium. but the name "Lady Moon" was appropriate for this area. Councilmember Brown stated it would be appropriate to have "Aggie Road" near the stadium. It was important to have street names that people could pronounce and spell and he would favor simpler names such as "Nichols Avenue" or "Lady Moon." He noted some of the residents were in favor of the name "Nichols." Councilmember Kastein stated he favored a name that was easy to pronounce, that had historical significance, and was selected in accordance with the process. He stated a committee brought forward seven choices and the name "Lady Moon" was not on that list. Councilmember Manvel stated he understood the list of seven names was generated by Web voting and that "Lady Moon" was not on the list. He did not favor going against the process. The top three names on the list were "Aggie Road," "Nichols," and "Mattingly" and any of those three names would be appropriate. This would be one of the few remaining opportunities to name an important street "Aggie." Mayor Hutchinson asked if the established process was "rigid." Shepard stated the process was meant to be informal and creative and to assist staff in making recommendations to the Council. He stated the process was not meant to be "rigid." Citizen advisory committees were not used for renaming streets in other areas and this was the first time such an ad hoc committee was used. Councilmember Ohlson stated he liked the idea of using an advisory committee and having a 345 February 21, 2006 "broader" process. He asked if there were any controls on the Web voting to ensure that people could vote only once. Shepard stated there was a control process to ensure that someone could only vote once. Councilmember Kastein asked if the seven names were chosen solely from the Web voting. Shepard stated people could vote for any of the names on the list or any other desired name. Councilmember Kastein asked if these were the top seven names in the Web voting. Shepard replied in the affirmative. Councilmember Kastein stated he did not think that the Web voting was a "statistically valid way to get input." He stated if the committee made its recommendations based solely on the Web voting then the committee's work may not be that "relevant." Councilmember Roy stated initially his top two choices were "Lady Moon" and "Suniga." He asked what the end of the street name would be. Shepard stated, based on advertising protocol, it could either be an Avenue or Drive but it could not be a Road, Court, Place, Way or Boulevard. Councilmember Roy stated there were seven options recommended by the citizen advisory committee and asked how four new names merited a full paragraph biography on the lists included in the Council packets. Shepard stated this was due to the availability of information. Councilmember Weitkunat stated some of the names had no real connection to the area and this was an important criterion. She stated the name "Lady Moon" seemed appropriate. Councilmember Ohlson stated historical context was important. He asked if it was true that the naming of collectors and arterials would come to Council only if there was some kind of issue and whether this was also up to the person developing the property. Shepard stated the naming of streets did not have to come to Council as long as a name was selected off of the approved list. Councilmember Ohlson stated he would support a discussion of having the Council take over the naming of collectors and arterials. He stated it should be at the prerogative of the developer to name residential streets but collectors and arterials should be named by the Council. He would support the motion because there was no strong support for another name. He would like to see the street name list expanded to reflect landmarks and natural phenomena. Councilmember Kastein stated "Lady Moon" was not one of the seven names recommended by the committee and he would prefer the names "Nichols" or "Mattingly." He wanted to see a shorter time frame for street naming processes and there should be a one-year cap for such processes. Councilmember Manvel stated he would vote against the motion even though there did not seem to be any unanimity on any other name. Councilmember Roy stated he would support the motion. He stated the name "Lady Moon" fit this physical location "accidentally" and tied in with historical context of Larimer County. 346 February 21, 2006 Councilmember Brown stated he would not support the motion because the people on the street were in favor of "Nichols Avenue." Councilmember Ohlson asked if those voting against the motion had an alternate name. Mayor Hutchinson stated the motion on the floor was to name the street "Lady Moon." He liked the idea of using the name "Aggie" near the CSU stadium. The process was for Council to use its discretion in making this decision and the recommendation of the committee was not binding. He stated "Lady Moon" was a good fit and he would support the motion. Councilmember Manvel called for a point of order and asked if another motion could be brought forward if this motion was defeated. City Attorney Roy replied in the affirmative. The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Ohlson, Roy and Weitkunat. Nays: Councilmembers Brown, Kastein and Manvel. THE MOTION CARRIED Councilmember Weitkunat noted Councilmember Ohlson had suggested having the Council name collectors and arterials. She stated there was a "greater community perspective" that could come into play. She stated she would support looking at this. Ordinance No. 016, 2006, Amending Chapter 8 of the City Code Relating to the Creation of the Storm Drainage Fund. Adopted on Second Reading. The following is staff s memorandum on this item. "EXECUTIVE SUMMARY This Ordinance, which was unanimously adopted on First Reading on February 7, 2006, revises the City Code description of the Storm Drainage Fund to be consistent with City Council's adopted policy of city-wide stormwater plant investment fees and the city-wide pay-as-you-go financing policy for the stormwater master plan. The change allows plant investment fees to be used for city- wide capital improvements and no longer restricts funding capital projects in the basin in which the plant investment fees are collected. " City Manager Attebeny stated staff was available to answer any questions and noted that this was a discussion item because of a Council request. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 016, 2006 on Second Reading. Councilmember Ohlson stated he requested this agenda item be placed on the discussion agenda. He stated he disagreed with the City policy to require the same fee on a community -wide basis. In 347 February 21, 2006 some cases the benefits were to a few people and there should be a "hybrid" fee system that would require everyone to pay their fair share. He also believed the City's stormwater control was "overkill" because it focused on preventing property damage rather than preventing flood deaths. Councilmember Kastein stated the City's rainfall standard was largely a reaction to the 1997 flood and this standard imposed a burden for making improvements. It seemed appropriate for the City as a whole to share in that cost burden. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Roy and Weitkunat. Nays: Councilmember Ohlson. THE MOTION CARRIED Resolution 2006-026 Making an Appointment to the Planning and Zoning Board, Adopted. The following is staff s memorandum on this item. "EXECUTIVE SUMMARY A vacancy currently exists on the Planning and Zoning Board due to the resignation of Mikal Torgerson. Applications were solicited and Councilmembers Weitkunat and Roy conducted interviews. At the time of printing the agenda the Council interview team had not made a recommendation. The name will be inserted in the Resolution at the February 21 meeting. " City Manager Atteberry stated no staff presentation was scheduled. Mayor Hutchinson stated citizen participants would have five minutes to speak. Lloyd Walker, Neighborhood Action Coalition and former Planning and Zoning Board member and chairman, stated it was important for the board to have "good dialogue." He stated a variety of viewpoints needed to be expressed to ensure a "balanced decision." It was also important to have "well qualified" members. He questioned why the Council could not have selected a person to fill this vacancy from the previously established list of applicants instead of reopening the solicitation process. Councilmember Weitkunat made a motion, seconded by Councilmember Brown, to adopt Resolution 2006-026, inserting the name Matt Fries. Councilmember Roy stated he and Councilmember Weitkunat interviewed applicants for the vacancy and they disagreed on the choice between Matt Fries and Eleanor Dwight. He believed a "global world view" was important for a Planning and Zoning Board member and it was important to broaden the diversity of the Board while maintaining a "high quality and high functioning" Board. He stated he supported the appointment of Ms. Dwight. February 21, 2006 Councilmember Manvel compared the qualifications of the two applicants and noted that Ms. Dwight had listed her experience as a volunteer while Mr. Fries did not. Councilmember Weitkunat stated Mr. Fries did have volunteer experience but for some reason that experience did not get copied onto the application form. Councilmember Manvel asked about Mr. Fries' volunteer experience. Councilmember Weitkunat stated Mr. Fries was present and could outline his volunteer experience if Council wanted that information. Councilmember Manvel stated it was important to list that kind of information on the form. Mayor Hutchinson asked if Councilmembers wanted to hear the information from Mr. Fries. Councilmember Manvel stated he would like to hear from both applicants if Council supported that. The consensus was to have Council discussion continue. Councilmember Ohlson stated he disagreed strongly with the motion to appoint Matt Fries. He stated it was important the Planning and Zoning Board not be "packed with any one viewpoint. The current Board did not at this time have anyone representing his "values or viewpoint" and represented real estate interests and pro -development and pro -growth interests. He stated the best decisions would come out of a diverse Board. Council had been "inundated" by appeals and more could be expected if only one viewpoint was represented on the Board. There needed to be some "balance" on the Board to represent more than one viewpoint. He noted any one Councilmember could appeal any decision of the Board and he would not hesitate to use that when "one-sided" decisions were made by the Board. He urged the Council to make an appointment that would represent the "generic citizen viewpoint." He stated four applicants would represent that viewpoint. He stated he would not support the motion. Mayor Hutchinson stated Councilmembers Manvel and Ohlson had said that Matt Fries represented real estate interests. He noted that Mr. Fries' occupation was President and CEO of Professional Document Management. Councilmember Manvel stated Mr. Fries had that occupation and also owned and managed real estate. Councilmember Weitkunat stated Planning and Zoning Board appointments had been controversial for a number of years. She stated the current Board was "doing incredible work" and the Planning and Zoning Board was unlike other boards. She stated the work done was based on the Code. The development of the City was the task and applicants should have knowledge of what was going on and be interested in the City. Matt Fries had been a resident for 38 years and had a resident's and downtown business owner's perspective. He was knowledgeable about City Plan and the process. She stated this did not mean that he was "pro -growth" or "pro -development." The current Board had 349 February 21, 2006 a "balanced" membership with varied backgrounds. She was looking for people who could "do the work" and had an interest in serving. She strongly supported the appointment of Matt Fries. The Board was dealing with complex issues and new types of developments as implementation of City Plan proceeded. Councilmember Manvel stated the Board's work was based on the Code but its work went beyond that. The Code had to be interpreted and people could have different interpretations and make different judgements. It was important to include a "neighborhood and common citizen judgement" on the Board to represent the community as a whole. He stated Ms. Dwight had also shown an interest in serving. Councilmember Ohlson stated he would prefer to have "retired" experts on the Board because the Board made recommendations on policy changes. He stated decisions made by the Board that were not perceived as pro -development could impact the livelihoods of Board members who were still working as architects, transportation planners, etc. He noted Board members frequently had to recuse themselves from discussion because they were involved in projects that were reviewed by the Board and the staff. He stated this was not the "best government" possible or the "wisest policy." Councilmember Roy stated Ms. Dwight's experience was "special" and her past efforts kept her involved in the issues. He summarized Ms. Dwight's work and volunteer experience. She could fit well on the Board. He questioned the willingness of Mayor Pro Tern Weitkunat to express a "balanced viewpoint" to the Council. Councilmember Brown stated he could support either candidate. He noted Eleanor Dwight was a member of Citizen Planners according to that group's website. He stated if she was appointed there would be two officers from that "outspoken" organization on the Board and this would work against the desired "balance." He stated he would not support her appointment for that reason. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein and Weitkunat. Nays: Councilmembers Manvel, Ohlson and Roy. THE MOTION CARRIED Adjournment Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to adjourn the meeting to 6:00 p.m. on February 28, 2006 to consider a Resolution expressing the Council's opposition to amending the City Charter to require binding arbitration as part of the collective bargaining process with police employees, and urging the electors of the City not to sign a petition placing such a measure on the ballot at a special City election. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED 350 The meeting adjourned at 7:50 p.m. Mayor ATTEST: 351 February 21, 2006