HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 03/04/2003 - REGULAR MEETING AGENDA (SUMMARY) AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
March 4, 2003
Proclamations and Presentations
5:30 p.m.
A. Proclamation Proclaiming March 10-16, 2003 as "Cover the Uninsured Week".
Regular Meeting
6:00 p.m.
PRESENTATION OF COLORS BY GIRL SCOUT TROOP 660
1. CALL MEETING TO ORDER.
2. ROLL CALL.
3. CITIZEN PARTICIPATION (limited to 30 minutes)
4. CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during
Citizen Participation.
5. AGENDA REVIEW: CITY MANAGER
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6. CONSENT CALENDAR
The Consent Calendar consists of Item Numbers 7 through 21. This Calendar is
intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar.
Anyone may request an item on this calendar to be "pulled" off the Consent
Calendar and considered separately. Agenda items pulled from the Consent
Calendar will be considered separately under Agenda Item #26, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
CONSENT CALENDAR
7. Consideration and approval of the Council meeting minutes of January 7 and January} 21,
2003.
8. Second Reading of Ordinance No. 024, 2003, Appropriating Unanticipated Revenue in the
General Fund for the Police Services Underage Drinkiniz Education and Enforcement
Program.
The Colorado Department of Transportation, Office of Transportation Safety has awarded
Fort Collins Police Services a 2003 grant in the amount of$8,900 to help combat underage
alcohol consumption. This Ordinance,which was unanimously adopted on First Reading on
February 18,2003,appropriates unanticipated revenue for the Underage Drinking Education
and Enforcement Program.
9. Second Reading of Ordinance No. 025. 2003,Appropriating Unanticipated Revenue in the
Capital Projects Fund - Downtown Railroad Track Consolidation Project to be Used for
Additional Costs to Install Crossing Warning Devices at the Lincoln Avenue Crossing of
the Union Pacific Railroad Tracks Northeast of Jefferson Street.
The City applied for and received Federal ISTEA Funds to pay for 100%of the cost to install
the crossing warning devices. The original Appropriation Ordinance provided$148,844 in
Federal Funds budgeted towards the project into the Railroad Consolidation Project Fund.
The additional$37,000 are also Federal ISTEA Funds to cover the additional costs to cover
100% of the costs to install the crossing warning devices. This Ordinance, which was
unanimously adopted on First Reading on February 18, 2003, allows for the final payment
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to the Union Pacific Railroad for installation of the crossing warning devices at the Lincoln
Avenue crossing of the Union Pacific Railroad tracks northeast of Jefferson Street.
10. Second Reading of Ordinance No. 026, 2003, Appropriating Unanticipated Revenue in the
Capital Projects Fund - Downtown Railroad Track Consolidation Project to Be Used for
Additional Costs to Install Crossing Warning Devices at the Linden Street Crossing of the
Union Pacific Railroad Tracks Northeast of Jefferson Street.
The City applied for and received Federal ISTEA Funds to pay for 100%of the cost to install
the crossing warning devices. The original Appropriation Ordinance provided$154,000 in
Federal Funds budgeted towards the project into the Railroad Consolidation Project Fund.
The additional$13,000 are also Federal ISTEA Funds to cover the additional costs to cover
100% of the costs to install the crossing warning devices. This Ordinance, which was
unanimously adopted on First Reading on February 18, 2003, allows for the final payment
to the Union Pacific Railroad for installation of the crossing warning devices at the Linden
Street crossing of the Union Pacific Railroad tracks northeast of Jefferson Street.
11. Second Reading of Ordinance No. 027, 2003, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary for the Construction of Public
Improvements in Connection with the North College Improvements Project.
The project components include addition of sidewalks, off-street bike lanes, a trail
connection,access improvements,center medians,curb and gutter,drainage improvements,
signal improvements,lighting improvements and roadway reconstruction on North College
Avenue from Jefferson to approximately 300 feet north of the Burlington Northern Railroad
crossing.
To utilize the State funding it is required that the project be advertised for bid and that all
right of way be acquired prior to June 30, 2003. The Eminent Domain process requires
several months between filing with the courts and receiving possession of the property.
Therefore,in the event that Eminent Domain needed to be used,it was critical this ordinance
be in place to limit any possible delays. Ordinance No.027,2003,was unanimously adopted
on First Reading on February 18, 2003.
12. Second Reading of Ordinance No.028,2003,Authorizing the City to Grant a Non-exclusive
Drainage Easement to Eagle Cliffs.LLC and Appropriating the Easement Compensation as
Unanticipated Revenue in Fossil Creek Community Park Account.
The Eagle Cliff Development is located adjacent to the north boundary,nearLemay Avenue,
of Fossil Creek Community Park. The Park includes land on the north side of Fossil Creek
that is in the floodplain for the creek. The Eagle Cliff Development will need to extend
stormwater drainage improvements across this portion of the Park to allow storm flows to
discharge into Fossil Creek. Ordinance No. 028, 2003, was unanimously adopted on First
Reading on February 18, 2003.
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13. Second Reading of Ordinance No.029,2003,Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the CSU
South Dormitory Zoning.
This is a request to zone a parcel owned by Colorado State University,designated"CSU"and
not presently zoned, HMN (High Density Mixed-Use Neighborhood). The subject site
consists of 2.4±acres located south of and adjacent to Pitkin Street, 1/8 mile east of south
Shields Street. Ordinance No. 029, 2003, was unanimously adopted on First Reading on
February 18, 2003.
14. Postponement of Items Relating to the South Taft Hill Seventh Annexation and Zoning, to
March 18, 2003.
A. Postponement of Second Reading of Ordinance No. 030, 2003, Annexing Property
Known as the South Taft Hill Seventh Annexation, to March 18, 2003.
B. Postponementof SecondReading of OrdinanceNo.031,2003,Amending the Zoning
District Map of the City of Fort Collins and Classifying for Zoning Purposes the
Property Included in South Taft Hill Seventh Annexation, to March 18, 2003.
On February 18, 2003, Council unanimously adopted Resolution 2003-023 Setting Forth
Findings of Fact and Determinations Regarding the South Taft Hill Seventh Annexation.
On February 18, 2003, Council also unanimously adopted on First Reading Ordinance No.
030 and Ordinance No. 031, 2003, annexing and zoning the property known as the South
Taft Hill Seventh Annexation. This is an involuntary annexation and zoning of an enclave
area approximately 220 acres in size, generally located south of West Drake Road, lying to
the west and east of South Taft Hill Road, and including the South Taft Hill Road right-of-
way.
Because the local newspaper failed to publish Ordinance No.030,2003,at least 7 days prior
to Second Reading, as required by the Charter, consideration of these two ordinances on
Second Reading must be postponed to March 18.
15. Second Reading of Ordinance No. 034, 2003 Appropriating Prior Year Reserves.
City Council authorized expenditures in 2002 for various purposes. The authorized
expenditures were not spent or could not be encumbered in 2002 because:
• There was not sufficient time to complete bidding in 2002 and therefore,
there was no known vendor or binding contract as required to expend or
encumber the monies.
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• The project for which the dollars were originally appropriated for by Council
could not be completed during 2002 and reappropriation of those dollars is
necessary for completion of the project in 2003.
Because of the above circumstances, the unexpended and/or unencumbered monies lapsed
into individual fund balances at the end of 2002.
Ordinance No.034,2003,was unanimously adopted on First Reading on February 18,2003.
After First Reading of this Ordinance, it was discovered that the following reappropriation
item for the Utilities Water Fund had been inadvertently omitted, it has been added to the
Ordinance on Second Reading.
16. First Reading of Ordinance No.035,2003,Authorizing the Grant of a Non-exclusive Utility
Easement to Poudre Valley Rural Electric Association Across City-owned Property at the
Western Boundary of Taft Canyon P.U.D.
The proposed easement is located on a tract of land along the western boundary of Taft
Canyon P.U.D.that was deeded to the City in 1987 for a trail. The current plan for this area
is for the trail to be on the property adjoining to the west and then possibly cross over this
property to cross County Road 38-E. City property is located at the westemmost boundary
of Taft Canyon and is outside city limits. Due to growth in the area, existing meters for
Poudre Valley Rural Electric Association ("REA") are over-extended. To avoid continual
problems, including brown-outs, REA is proposing that an electrical cable in 6"conduit be
installed in the utility easement areas of adjacent properties. To complete this installation,
REA is requesting to cross City property (underground) in two areas. These pocket
easements measure 10' x 15', one located at the southern end of the property and the other
at the northern end of the City's property. The work in this area will not interfere with the
proposed trail crossing on this property. The Parks Department staff has no objections to the
requested easement.
17. First Reading of Ordinance No. 036, 2003, Amending the Land Use Code by Adding
Grocery Stores as a Permitted Use in the Commercial Zone District and Amending the
Definitions of the Terms "Grocery Store" and "Supermarket".
A request has been made for three text amendments to the Land Use of Code for the
following sections:
1. Section 4.17(B)(3)(b) to include "Grocery Stores" as a permitted use in C,
Commercial zone district;
2. Section 5.1.2 to change the definition of "Grocery Store" by increasing the
maximum allowable size from 25,000 to 45,000 square feet;
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3. Section 5.1.2 to change the definition of "Supermarket"by increasing the minimum
required size from 25,001 square feet to 45,001 square feet.
These are applicant-initiated text amendments. The Planning and Zoning Board voted 6-0
to recommend approval of the three amendments to the Land Use Code.
18. Resolution 2003-028 Authorizing Participation in theEnergy StarRebate Program forlIijzh-
efficiency Clothes Washers for Residential Utility Customers.
This Resolution will permit the City to participate in a promotion to encourage residential
customers to purchase high-efficiency clothes washers from local retailers. As part of an
Energy Star campaign, customers will receive a $100 rebate when they buy qualifying
washers. The City will offer a$50 rebate and participating manufacturers will provide the
additional $50.
Utilities will administer the rebate,receive the rebate applications,verify qualifications and
send customers the rebate. To qualify for a rebate,participants must be City of Fort Collins
Utilities customers.
19. Resolution 2003-029 Authorizing the Lease of a 17.11 Acre Tract of Affordable Housing
Land Bank Property to Tim Ramsey.
This Resolution authorizes the City Manager to enter into a lease agreement with Tim
Ramsey for up to two years on approximately 17.11 acres of land owned by the City. The
lease authorizes the use of 10 units of Colorado-Big Thompson Water that are tied to this
parcel of land for at least the first annual term. The lease agreement allows Tim Ramsey to
continue to produce hay on the site as he had previous to the City's purchase of the land.
20. Resolution 2003-030 Establishing Guidelines for the Participation of City Board and
Commission Members in City Council Stu
_y Sessions.
The Resolution provides guidelines for receiving input from City boards and commissions
at Council study sessions.
21. Routine Deeds and Easements.
A. Deed of dedication for easement from Stone Ridge P.U.D. Community Association
for a permanent slope easement,located on Ziegler Road. Monetary consideration:
$10.
B. Deed of dedication for right-of-way from Stone Ridge P.U.D. Community
Association for a permanent right-of-way for public street purposes, located on
Ziegler Road. Monetary consideration: $10.
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C. Deed of dedication for right-of-way from Stone Ridge P.U.D. Community
Association for a permanent right-of-way for public street purposes, located on
Ziegler Road. Monetary consideration: $10.
D. Deed of dedication for temporary easement from Stone Ridge P.U.D. Community
Association for a temporary construction easement, located on Ziegler Road.
Monetary consideration: $10.
**END CONSENT***
22. Consent Calendar Follow-un.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
23. Staff Reports.
24. Councilmember Reports.
ITEMS NEEDING INDIVIDUAL CONSIDERATION
25. Items Amending Chapter 3 and Chapter 17 of the Cites
Staff is bringing forward the following proposed ordinances to address behavioral problems
that create health and safety concerns for the citizens of Fort Collins.
A. First Reading of Ordinance No.037,2003,Amending Sections 17-1 and 17-40 of the
Code of the City of Fort Collins Pertaining to Trespass.
B. First Reading of Ordinance No.038,2003,Amending Chapter 17 of the Code to Add
a Section Prohibiting the Obstruction of Passageways.
C. First Reading of Ordinance No. 039,2003,Amending Chapter 17 of the Code of the
City of Fort Collins by Repealing Section 17-144 Pertaining to Public Urination and
Adding a Section Pertaining to the Depositing of Bodily Waste.
D. First Reading of Ordinance No.040,2003,Amending Chapter 17 of the Code of the
City of Fort Collins by Adding a Provision Pertaining to the Misuse of Public Bodies
of Water.
E. First Reading of Ordinance No. 041, 2003, Amending Section 3-81 of the Code
Regarding Disturbances.
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26. Pulled Consent Items.
27. Other Business.
28. Adioumment.
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