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HomeMy WebLinkAboutMINUTES-01/05/2010-RegularJanuary 5, 2010 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 5, 2010, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy, and Troxell. Staff Members Present: Atteberry, Krajicek, Roy. Mayor Hutchinson presented the Character Fort Collins Legacy Award to the family of Ann Azari, former Fort Collins mayor. Citizen Participation Vivian Armendariz, 820 Merganser Drive, expressed concerns regarding long waits for Dial -A -Ride vehicles in inclement weather. She also expressed concerns about accessibility to Soapstone Natural Area. Bruce Lockhart, 2500 East Harmony Road, expressed concern regarding future tax hikes and stated Council should reconsider financing the pilot trash district. He stated the City's green building standards will increase the costs of building in Fort Collins. Stacy Lynne, 216 Park Street, expressed concern regarding Council's response to her comments at the December 15, 2009 Council meeting. Citizen Participation Follow-up City Manager Atteberry stated, in response to prior concerns regarding Susie Gordon's potential conflict of interest in her work with the City's trash hauling policies, Ms. Gordon is a professional City employee with great integrity and work ethic. He stated an outside agency, Mountain States Employers Council, investigated the potential conflict of interest which may have existed due to Ms. Gordon's employment outside the City organization. The results indicated Ms. Gordon's outside employment with SERA did not violate any local or state conflict of interest policies, regulations, or laws. There was no overlap in the timing of Ms. Gordon's employment with SERA and the award of any City contract to SERA and, at no point in time did Ms. Gordon have anything to gain from the contracts awarded by the City to SERA. There is no evidence that Ms. Gordon worked on any City projects or contracts as a SERA employee. mo. January 5, 2010 City Manager Atteberry stated the conflict of interest concerns were initially raised privately by Councilmember Troxell and then publically by a citizen. He thanked Ms. Gordon for her professionalism and restraint in handling the issue and stated staff will be working on a new internal administrative policy that will aid in keeping track of potential conflict of interest situations with outside employment. Agenda Review City Manger Atteberry recommended Item # 11, Resolution 2010-001 Approving Revised Costs and Fees for Fort Collins Municipal Court, be postponed to the January 19, 2010, Council meeting. CONSENT CALENDAR Consideration and Approval of the Minutes ofNovember 3 and November 17, 2009 Regular Meetings and the November 10, 2009 Adjourned Meeting, Second Reading of Ordinance No. 136 2009 Amending Section 1-15(g) of the City Code Relating to General Penalties. Currently, drivers of motor vehicles who can be assessed at least one(1) point on a moving violation are required to pay an additional $35 traffic calming surcharge upon conviction. The City has experienced a proliferation of bicycles and other nonmotorized users of the City's roadways. This Ordinance, unanimously adopted on First Reading on December 15, 2009, amends the City Code to require bicyclists and other nonmotor vehicle operators who receive citations for what would be considered moving violations if committed by an operator of a motor vehicle to pay the traffic calming surcharge. Examples of violations where this surcharge would be applicable are, but not limited to, driving on the wrong side of the road, failure to yield the right-of-way, driving at night with no lighting, failure to stop for a red light, etc. 8. Second Reading of Ordinance No. 137 2009 Amending Section 24-96 of the City Code Regarding Snow Emergencies. This Ordinance, unanimously adopted on First Reading on December 15, 2009, amends the City Code to provide the City Manager with the authority to declare a snow emergency when conditions warrant. The current Code designated the City Engineer as the official with the authority to declare a snow emergency. Items Relating to the Fossil Creek 392 Annexation and Zoning. A. Second Reading of Ordinance No. 139, 2009, Annexing Property Known as the Fossil Creek 392 Annexation to the City. GSI January 5, 2010 B. Second Reading of Ordinance No. 140, 2009, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Creek 392 Annexation to the City. These Ordinances, unanimously adopted on First Reading on December 15, 2009, annex and zone 28 acres located on the south side of Carpenter Road (SH 392), at the southwest corner of Interstate 25 and Carpenter Road. The property is undeveloped and is in the AP — Airport District in Larimer County. The requested zoning for the annexation is C — Commercial. Pursuant to direction for the Council on First Reading, Ordinance No. 140, 2009, which places the property in the C — Commercial District, has been revised to include a condition that, prior to the submittal of a Project Development Plan for all or any portion of the property, a comprehensive Ecological Characterization Study of the entire property must be prepared by a qualified consultant and submitted to and approved by the City. 10. First Reading of Ordinance No 001 2010 Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. The Fort Collins Police Services Victim Services Team has been awarded a 12-month grant in the amount of $34,000 for the period from January 1, 2010 through December 31, 2010, by the Eighth Judicial District Victims Assistance and Law Enforcement (V.A.L.E.) Board to help fund services provided by this Team. These funds will be used for a paid victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These funds will also pay for some of the operational expenses needed to provide 24-hours a day, 7-days a week services to victims of crime in the community. Fort Collins Police Services/Victim Services Team has received this grant each year since 1996. 11. Resolution 2010-001 Approving Revised Costs and Fees for Fort Collins Municipal Court. The Fort Collins Municipal Court assesses various costs and fees, in addition to fines and other penalties. According to the City Charter, these costs and fees are enacted by Council, upon recommendation of the Judge. Various costs and fees have been approved by resolution over the years. At this time, Judge Lane recommends increasing the amount or applicability of certain existing costs and fees and adding certain new fees. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 7. Second Reading of Ordinance No. 136, 2009, Amending Section 1-1 5(g) of the City Code Relating to General Penalties. .: January 5, 2010 8. Second Reading of Ordinance No. 137,2009, Amending Section 24-96 of the City Code Regarding Snow Emergencies. 9. Items Relating to the Fossil Creek 392 Annexation and Zoning. A. Second Reading of Ordinance No. 139, 2009, Annexing Property Known as the Fossil Creek 392 Annexation to the City. B. Second Reading of Ordinance No. 140, 2009, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Creek 392 Annexation to the City. 15. Second Reading of Ordinance No.138, 2009, Amending Section 4 of the City Code Relating to Animals, Particularly Dogs. Ordinances on First Reading were read by title by City Clerk Krajicek. 10. First Reading of Ordinance No 001, 2010, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. Councilmember Troxell made a motion, seconded by Councilmember Roy, to adopt and approve all items on the Consent Calendar as amended. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Ordinance No. 138, 2009, Amending Section 4 of the City Code Relating to Animals Particularly Dogs, Adopted as Revised on Second Reading The following is staff s memorandum for this item. "EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 15, 2009, amends the animal provisions of the City Code to better identify and define behaviors associated with dangerous and vicious animals and specify more appropriate alternatives for dealing with such animals. The revisions set forth a number of requirements regarding the impounding and disposition of animals found to be dangerous or vicious. These provisions also provide a broader range of conditions that the Municipal Judge may order in order for animal owners to keep an animal found to be dangerous or vicious as an alternative to surrendering the animal for euthanasia or removing it from the jurisdiction. In addition, the proposed revisions address the proper method of tethering animals. Several changes have been made to the Ordinance on Second Reading in light of the discussion of the item on First Reading. January 5, 2010 The following changes have been made to the Ordinance on Second Reading in light of the discussion of the item on First Reading. 1. The phrase "while off the property of its owner" has been deleted from the definitions of "dangerous animal" and "vicious animal. " The purpose of this phrase was to distinguish situations where animals might attack other, "trespassing" animals that came onto the owner's property from other situations off the owner's property. However, the situation involving "trespassing" animals is already covered as an affirmative defenses in Sections 4-96(b)(c) and 4-97(b)(2). 2. The phrase 'pet animal" has been substituted for "animal" in the definitions of "dangerous animal" and "vicious animal" to ensure that animals will not be considered dangerous or vicious for killing wild animals that are their natural prey, such as mice or squirrels. 3. The definition of "vicious animal" has been changed to eliminate the 12-month period of time within which multiple attacks must occur in order for an animal to be considered dangerous or vicious. 4. , The options available to the Municipal Judge upon f nding that an animal is dangerous have been expanded to include euthanasia. Staff believes that this option may be warranted if, for example, the owner ofa dangerous animal refuses to accept the imposition ofconditions necessary to ensure public safety or fails to abide by such conditions. " Teresa Ablao, Assistant City Attorney, detailed the changes made by staff to the ordinance based on the discussion at First Reading. Councilmember Ohlson asked if a dog could be considered vicious if it bit the owner of another dog after attacking the owner's dog. City Attorney Roy replied that issue was discussed among staff with a consensus that, if a dog attacked another dog, the characterization of that aggressor as dangerous or vicious results from that initial attack. Also, a person trying to intervene in a dog fight is likely seen by the attacking dog as an additional threat. Captain Bill Porter, Larimer County Humane Society, stated this situation is one of the most common in which people get bit. He added the attacking dog and its owner should be held accountable. Councilmember Manvel asked if an animal would be called dangerous or vicious if it attacked another dog but caused no bodily injury to that dog. Captain Porter replied it would be qualified as a dangerous animal with a propensity to attack, not a vicious animal. Councilmember Troxell asked about the treatment of wild animals in the context of dangerous and vicious animals. Captain Porter replied the Division of Wildlife deals with animals such as bears and cougars and the Humane Society deals with smaller animals such as fox and coyotes. Councilmember Troxell asked how this ordinance would relate to animals other than pets. Captain Porter replied this ordinance applies only to pet animals. City Attorney Roy stated wildlife officials 70 January S, 2010 are given the authority to tranquilize, if necessary, and remove any animal at large, or deemed dangerous, to an animal shelter or other suitable facility. Ablao stated there is also state law authority given to animal control human societies in order to capture and dispose of wild animals. There is also a City Code section that prohibits people from capturing and keeping wild animals as pets. City Attorney Roy stated the particular provisions in this ordinance are relating only to pet animals. Councilmember Ohlson asked if the public is better off with these changes. Lieutenant Jim Szakmeister, Police Services, replied the changes are an improvement, providing more alternatives and a wider scope. It allows the safety of the citizens as well as the safety of pet animals to be paramount and allows for judgment and reason to be used. Captain Porter expressed support for the ordinance in that it holds owners accountable for pets' actions. He stated the ordinance is clear and fair to victims as well as owners. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 138, 2009, on Second Reading. Councilmember Manvel expressed support for staff s work on the issue and for the improved ordinance. Mayor Hutchinson expressed support for having various alternatives available for various situations, making for a more effective, enforceable ordinance. The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Other Business Councilmember Ohlson asked if Council could receive an annual report regarding food tax rebates. City Manager Atteberry replied the program is coordinated in the Finance Department and a report would be prepared for Council. He stated there have been increased efforts to promote the food tax rebate program. Councilmember Ohlson asked about one establishment in town that serves alcohol receiving 112 police calls in a year and at what point liquor licenses should be revoked. He expressed concern about the strain on police resources. City Manager Atteberry replied a response will be coordinated between the City Clerk's Office, City Attorney's Office and Police Services. Councilmember Poppaw thanked the Scouts for attending Council meetings 71 January 5, 2010 Councilmember Troxell asked for a status update regarding the February 2 and 16, 2010 tentative discussions regarding the pilot trash district. He asked if residents in the district have been notified of the hearing dates. City Manger Atteberry replied staff is on track with those dates, though some negotiations are still pending. He stated he understood Council's direction was not to send individual notices, but rather to promote and advertise the hearings as for any other items coming before Council. Councilmember Troxell asked about the format of the hearing and expressed concern that a meeting with other agenda items may not provide the appropriate forum. City Manager Atteberry replied the hearing will allow staff to answer frequently asked questions relating to the pilot trash district and a specific contract. Mayor Hutchinson stated this is the first time a special hearing has been held since at least 2005. He stated the hearing will involve both questions and answers and stated it is appropriate that some of the most frequently asked questions be answered in summary at the beginning of the hearing. He added the special hearing will be the first agenda item at the February 2, 2010 meeting. Councilmember Troxell encouraged residents to send in questions prior to the meeting to allow staff appropriate time to research and provide answers at the hearing. Adjournment The meeting adjourned at 6:55 p.m. Mayor ATTEST: _City Clerk 72