HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/20/2003 - REGULAR MEETING AGENDA (SUMMARY) AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
May 20, 2003
Proclamations and Presentations
5:30 p.m.
A. Presentation of Exemplary Citizenship Awards to Students from Lincoln Junior High School
Regarding Their"Adopt a Landmine" Project.
B. Presentation of Annual "Friends of Preservation" Awards.
C. Proclamation Proclaiming Support for the "Colorado Click-it or Ticket Campaign".
D. Proclamation Proclaiming the Week of May 9-16, 2003 as "National Police Week".
E. Proclamation Proclaiming the Week of May 18-24, 2003 as "Save a Life Week".
F. Proclamation Proclaiming the Month of May as "Mental Health Month".
G. Proclamation Proclaiming the Month of May as "Foster Care Month".
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
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 23. 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 #31, 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 April 1 and April 15, 2003.
8. Second Reading of Ordinance No. 067, 2003, Authorizing the City Manager to Execute
Amendments to Two Long-Term Leases of Property at the Fort Collins-Loveland Municipal
Airoort in Order to Reduce the Amount of Liability Insurance Required of the New Tenant,
Eagle Air Investments,LLC, and to Make Other Insurance Related Chan
This Ordinance, which was unanimously adopted on First Reading on May 6, 2003,
authorizes the City Manager, in consultation with the City Attorney, to make other
amendments to the insurance coverage requirements of the Firewall and Gracon Lease
Agreements (Eagle Air Investments desires to assume both leases) based on current
insurance industry practices. Eagle Air Investments has expressed concern that insurance
companies are not willing to provide the cities with 30 days notice of policy cancellation.
This amendment allows the City Manager to allow a shorter cancellation notice requirement
if necessary.
9. Second Reading of Ordinance No.068.2003 Desi nating the John and Edna Squires House
810 West Mountain Avenue, Fort Collins. Colorado. as a Fort Collins Landmark Pursuant
to Chapter 14 of the City Code.
The owners of the property,David Thompson and Stephanie Malsack,initiated this request
for Fort Collins Landmark designation for the Squires House. On May 6, 2003, Council
unanimously adopted Ordinance No. 068, 2003 on First Reading, designating the John and
Edna Squires House, 810 West Mountain Avenue as a Fort Collins Landmark.
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10. Items Relating to the Halcyon Second Annexation.
A. Second Reading of Ordinance No. 069, 2003, Annexing Property Known as the
Halcyon Second Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No.070,2003,Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Halcyon Second Annexation to the City of Fort Collins, Colorado.
On May 6,2003,Council unanimously adopted Resolution 2003-058 Setting Forth Findings
of Fact and Determinations Regarding the Halcyon Second Annexation.
The Halcyon Second Annexation is 17.32 acres in size, located east of College Avenue,
south of Trilby Road,and north of Robert Benson Lake. The parcel is contiguous to existing
city boundaries by the Halcyon Annexation. The recommended zoning is Low Density
Mixed-Use Neighborhood (LMN).
Ordinance No.069,2003,which was unanimously adopted on First Reading on May 6,2003,
annexes the property known as the Halcyon Second Annexation. Also on May 6, 2003,
Council unanimously adopted Ordinance No. 070, 2003, amending the zoning map and
zoning the Halcyon Second Annexation.
11. Second Reading of Ordinance No. 071, 2003 Amending Ordinance No. 030, 2003 and
Ordinance No. 031, 2003 Annexing and Zoning Property Known as the South Taft Hill
Seventh Annexation to Correct an Error in the Legal Descriptions Contained in Said
Annexation and Zoning Ordinances.
A typographical error in the legal descriptions contained in the annexation and zoning
ordinances,resulting in a legal description that does not"close". This Ordinance,which was
unanimously adopted on First Reading on May 6,2003, amends the original annexation and
zoning ordinances by replacing the incorrect legal description with an amended legal
description.
12. Items Relating to the Willow Brook Annexation No. 3.
A. Second Reading of Ordinance No. 072, 2003, Annexing Property Known as the
Willow Brook Annexation No. 3 to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No.073,2003,Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Willow Brook Annexation No. 3 to the City of Fort Collins, Colorado.
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On May 6,2003,Council unanimously adopted Resolution 2003-057 Setting Forth Findings
of Fact and Determinations Regarding the Willow Brook Annexation No. 3.
The Willow Brook Annexation No. 3 is 4.76 acres in size, located north of Kechter Road,
west of Jupiter Road. The parcel is contiguous to existing City boundaries by the Willow
Brook Annexation No. 2 and the Webster Farm Annexation. The recommended zoning is
Low Density Mixed-Use Neighborhood(LMN). Ordinance Nos. 072 and 073, 2003, were
both unanimously adopted on First Reading on May 6, 2003, annexing and zoning the
property known as the Willow Brook Annexation No. 3.
13. Second Reading of Ordinance No.074,2003,Amending the Zoning Map of the City of Fort
Collins and Classifying the Huber Property for Zoning_
This is a request to zone a parcel owned by the City of Fort Collins Stormwater Utility,that
is presently "not zoned", to POL(Public Open Lands). The subject site consists of 1.05 ±
acres located south of Drake Road and west of Taft Hill Road. This Ordinance was
unanimously adopted on First Reading on May 6, 2003.
14. First Reading of Ordinance No. 075, 2003, Appropriating Unanticipated Revenue in the
General Fund for Police Services DUI Sobriety Checkpoints.
The Office of Transportation Safety, Colorado Department of Transportation, has received
funding from the Federal government for DUI sobriety checkpoints throughout the state
between Memorial Day and Labor Day this year.
Fort Collins Police Services has been asked to participate by holding three checkpoints
during this period. Off-duty officers working overtime paid by these funds, will staff the
checkpoints. Any funds not used for the checkpoints will be used to augment regular DUI
enforcement during the summer through the use of off-duty officers.
15. Items Relating to Appropriation of Grant Revenues for Police Services,
A. First Reading of Ordinance No. 076, 2003, Appropriating Prior Year Reserves in
the General Fund for Police Services for the Larimer County Multi-Jurisdictional
Drug Task Force.
B. First Reading of Ordinance No. 077, 2003, Appropriating Unanticipated Grant
Revenue in the General Fund for Police Services for the Larimer County Multi-
Jurisdictional Drug Task Force.
Drug surcharge and court ordered restitution: For the past 16 years,Fort Collins Police
Services has worked together with other members of the Larimer County Drug Task Force,
including the Loveland Police Department, Larimer County Sheriff's Department, Drug
Enforcement Administration (DEA),and the Colorado State University Police Department,
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in drug enforcement in Latimer County. These funds provide for office supplies,equipment,
and repairs for the Latimer County Drug Task Force. This Ordinance appropriates the
current revenue in the fund,$26,052,for the operating costs associated with that task force.
Rocky Mountain High Intensity Drug Trafficking Area Grant: For the past 16 years,
Fort Collins Police Services has worked with other members of the Larimer County Drug
Task Force, including the Loveland Police Department, Latimer County Sheriff's
Department,Drug Enforcement Administration (DEA), and the Colorado State University
Police Department, in drug enforcement in Larimer County. This equipment allows unit
members to communicate on a common police radio channel and the cameras will provide
another method of evidence collection. This grant is awarded through the Rocky Mountain
High Intensity Drug Trafficking Area, of which Larimer County Drug Task Force is a
designated area.
16. First Reading of Ordinance No. 078, 2003, Appropriating Unanticipated Revenue in the
General Fund for Climate Protection Education and Outreach.
In the 2002-2003 budget, the Utilities Department provided$36,500 for 2002 and$36,500
for 2003 to fund an Environmental Education and Public Involvement Coordinator position
in support of the City's Climate Protection Program. Funds are being used to conduct
outreach to local businesses on implementation measures that prevent greenhouse gas
emissions. Staff recommends that the 2003 amount of $36,500 be appropriated in the
General Fund—Natural Resources Department.
17. First Reading of Ordinance No.079,2003,Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities.
This Ordinance appropriates unexpended 2002 appropriations for Cultural Development and
Programming and Visitor Events.
Lodging tax revenue for 2002 was estimated to be$601,566,while the actual receipts totaled
$574,134. The 2003 budget appropriated the estimated 2002 receipts of$601,566. The
excess appropriations in the amount of $27,432 are no longer available to be spent. In
accordance with Section 25-244 of the City Code,75%of the total receipts are to be used for
the promotion of convention and visitor activities, and 25% for cultural development and
programming(CDP) activities. In accordance with the City's contract for services with the
Convention and Visitors Bureau (CVB) for 2003, the City's 2003 payment to the CVB has
been set at$395,000.
18. Items Relating to the East Mulberry Corridor Plan Rezoning_
A. Resolution 2003-064 Amending the East Mulberry Corridor Plan(An Element of the
Comprehensive Plan of the City).
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B. Resolution 2003-065 Amending the City's Structure Plan Map to Comport with the
Amendments to the East Mulberry Corridor Plan.
C. Second Reading of Ordinance No.066,2003,Amending the Zoning Map of the City
of Fort Collins by Changing the Zoning Classification for the Certain Properties
Known as the East Mulberry Corridor Plan Rezoning.
On April 15, City Council adopted on First Reading, Ordinance No. 066, 2003, Amending
the Zoning Map by changing the zoning classification for the properties known as the East
Mulberry Corridor Plan as recommended by the Planning and Zoning Board. PriortoSecond
Reading, Council requested staff complete the following tasks:
1. Require a notice for future residential owners and tenants of MMN to be made aware
of the existing Airport operations including visual and noise impacts.
Staff has included a zoning condition requiring a notice to be on record with the Larimer
County Clerk and Recorder notifying any future residential owners within the MMN of the
existing airport operations (see Section 3 of Ordinance No. 066, 2003).
2. Contact the three property owners to assess their response to the recommended
changes.
Staff has contacted all three-property owners and has provided their responses below.
3. Develop required resolutions for adoption of the related Plan amendments.
Staff has developed the required Resolutions for the amendments to the East Mulberry
Corridor Plan and City Structure Plan (items A &B above).
Staff believes that the MMN designation raises additional issues on the adjacent parcels and
that the pattern recommended by the Planning and Zoning Board needs further review to
determine the appropriate land use and zoning based on this change.
As a result of the staff assessment described below in the background information, staff
supports changing the 1.79-acre parcel from Employment(E)to Medium Density Mixed-Use
Neighborhood(MMN),and change the 6.47-acre parcel from Employment(E)to Industrial
(I) land use designation for both the East Mulberry Corridor Plan and City Structure Plan
Map.
In agreeing with the stated Plan amendments mentioned above, staff supports the rezoning
of the(1.79-acre)and(15.79-acre)parcels from Industrial(I),to Medium Density Mixed-Use
Neighborhood(MMN).
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The Medium Density Mixed-Use Neighborhood(MMN) will provide a transition between
the existing industrial uses to the east and existing commercial and residential uses to the
south and north. The three properties are located within the existing developed area of the
City of Fort Collins, and should it further develop, would be able to utilize the existing
logical and orderly development pattern provided by the proximity to Lemay Avenue,East
Mulberry Street and Lincoln Avenue.
19. First Reading of Ordinance No.080,2003,Amending Subsection 2-31(a)(3)of the City Code
Pertaining to Executive Sessions Convened for the Puroose of Considering Water and Real
Property Acquisitions and Sales.
Adoption of the Ordinance would amend the provisions of the City Code pertaining to
executive sessions that are held for the purpose of considering water and real property
acquisitions and sales by the City. The amendment would eliminate Code language which
presently restricts such discussions to the consideration of appraisals and other value of
estimates and the consideration of strategy for the acquisition or sale of such property.
20. Resolution 2003-066 Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Disbursements.
On November 30, 1998, revised guidelines for the Cultural Development &Programming
and Tourism Programming accounts (Fort Fund) were adopted and approved through the
City Manager's office. These guidelines created a three-tiered funding system for
organizations that apply for grants from Fort Fund.
21. Resolution 2003-067 Making Board and Commission Liaison Assignments and Committee
Appointments.
Following the Council reorganization meeting in April of odd-numbered years,
Councilmembers decide which of the various board and commission liaison assignments and
committee appointments are of interest to them as individuals.
Mayor Martinez and Councilmember Hamrick have expressed a desire to trade liaison
assignments to the Natural Resources Advisory Board and the Electric Board; and
Councilmember Roy has expressed a desire to be the liaison to the Landmark Preservation
Commission.
This Resolution includes all board and commission liaison assignments and committee
appointments with the following changes: Mayor Martinez as the liaison to the Electric
Board,Councilmember Hamrick as the liaison to the Natural Resources Advisory Board and
Councilmember Roy as the liaison to the Landmark Preservation Commission.
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22. Resolution 2003-068 Findina Substantial Compliance andInitiating Annexation Proceedings
for Such Property to be Known as the Swift Addition to Fossil Lake P.U.D. Annexation.
The Swift Addition to Fossil Lake P.U.D.Annexation consists of approximately 55 acres of
privately owned property known as the Fossil Lake P.U.D. — Swift Addition, which is a
County-approved development in the Fossil Creek Reservoir Planning Area. The
recommended zoning is a combination of the LMN—Low-Density Mixed Use Neighborhood
Zoning District, and the UE—Urban Estate Zoning District. The property is located within
the Fossil Creek Reservoir Area Plan boundary.
23. Routine Deeds and Easements.
A. Easement for subsurface construction and maintenance of public utilities from Lloyd
and Audrey Wilson, located at 119-123 South Roosevelt. Monetary consideration:
$10. Staff: Patti Teraoka.
B. Deed of dedication for easement from the Poudre School District for a permanent
drainage easement, located north of Zephyr Road and east of Timberline Road.
Monetary consideration: $10. Staff: Susan Joy.
C. Deed of dedication for right-of-way from the Poudre School District for permanent
right-of-way for public street purposes, located north of Zephyr Road and east of
Timberline Road. Monetary consideration: $10. Staff: Susan Joy.
D. Deed of dedication for easement from the Poudre School District for a permanent
drainage easement, located north of Zephyr Road and east of Timberline Road.
Monetary consideration: $10. Staff: Susan Joy.
E. Deed of dedication for easement from the Poudre School District for a permanent
utility easement, located north of Zephyr Road and east of Timberline Road.
Monetary consideration: $10. Staff: Susan Joy.
F. Deed of dedication for easement from the Poudre School District for a permanent
emergency access easement, located north of Zephyr Road and east of Timberline
Road. Monetary consideration: $10. Staff: Susan Joy.
***END CONSENT***
24. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
25. Staff Reports.
Water Supply Update
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26. Councilmember Reports.
ITEMS NEEDING INDIVIDUAL CONSIDERATION
27. Items Relating to the Completion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing Projects/Programs and
Community Development Activities: the City's Fiscal Year 2003-2004 Community
Development Block Grant(CDBG).Home Investment Partnerships(HOME)Programs.and
Affordable HousingFunds.unds. (15 minutes)
A. Public Hearing and Resolution 2003-069 Adopting the FY 2003-2004 Community
Development Block Grant Program.
B. Public Hearing and Resolution 2003-070 Adopting the FY 2003-2004 Home
Investment Partnerships Program.
C. Resolution 2003-071 Approving the Funding from the City's Affordable Housing
Fund.
D. Resolution 2003-072 Authorizing the City Manager to Submit to the U.S.
Department of Housing and Urban Development the 2003 Fort Collins Consolidated
Action Plan.
E. First Reading of Ordinance No.081,2003,Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Program Years in the
Community Development Block Grant Fund.
F. First Reading of Ordinance No.082,2003,Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Program Years in the Home
Investment Partnerships Fund.
The Community Development Block Grant (CDBG) Program and the Home Investment
Partnerships(HOME)Program provide Federal funds from the Department of Housing and
Urban Development(HUD)to the City of Fort Collins which can be allocated to housing and
community development related programs and projects,thereby,reducing the demand on the
City's General Fund Budget to address such needs. The City Council is being asked to
consider the adoption of two resolutions related to funding under the CDBG and HOME
Programs. The first resolution (Resolution 2003-069) establishes which programs and
projects will receive funding with CDBG funds for the FY 2003-2004 Program year,which
starts on October 1, 2003. The CDBG Commission presents a list of recommendations as
to which programs and projects should receive funding. The second resolution (Resolution
2003-070) establishes the major funding categories within the HOME Program for the FY
2003-2004 Program year and establishes allocations which will use HOME Program
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unprogrammed funds and program income. Specific projects for the use of HOME funds
will be determined in November as a result of the fall funding cycle of the competitive
process for the allocation of the City's financial resources to affordable housing
programs/projects and community development activities. The third resolution(Resolution
2003-071) establishes allocations of unprogrammed funding from the City's Affordable
Housing Fund.
28. First Reading of Ordinance No. 083, 2003, Amending Chapter 12 of the City Code to
Prohibit All Covenant Restrictions on Certain Resource Conserving Activities and
Eliminating a Similar Provision of the Land Use Code. (30 minutes)
Staff proposes a new Section 12-120 in Chapter 12 of the City Code(Health and Safety)that
nullifies any private property covenant,regardless of when made or recorded,which prohibit
xeriscape (water-conserving) landscaping, solar collectors, clothes lines, compost bins, or
mandating turf grass landscaping.
Nearly identical language currently exists in Section 3.4.9 of the Land Use Code. The Land
Use Code applies primarily to new development. Accordingly,the existing provision only
applies to covenants established after July 1, 2001. In order to assure uniform applicability
of this language to all covenants, staff proposes that the language be moved from the Land
Use Code to a new Article VII of Chapter 12, of the City Code and that the language be
changed to apply to all covenants or other agreements affecting real property, regardless of
when made or recorded. Staff also proposes to add language prohibiting covenants from
mandating that a portion of any individual lot be planted in turf grass.
29. Items Relating to Requirements for Soil Amendments. (30 minutes)
A. First Reading of Ordinance No. 084, 2003, Amending Chapter 12 of the City Code
to Add Requirements for Soil Amendments and Amending a Similar Provision of the
Land Use Code.
B. First Reading of Ordinance No.085,2003,Appropriating Prior Year Reserves in the
Water Fund to Initiate a Soil Amendment Inspection Program.
Item "A" proposes changes to the City Land Use Code and additions to the City Code to
provide clarity on soil loosening requirements, to allow the use of more types of soil
amendments and topsoil, and to permit for discretion to temporarily suspend or waive soil
amendment requirements if compliance is unreasonably difficult due to weather or site
conditions, or is not reasonably possible due to physical constraints in a particular area of a
property.
Item`B"appropriates$65,000 in the Water Fund for 2003 for the purpose of hiring staff and
purchasing the equipment necessary to initiate an inspection program. This appropriation
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is required for an inspection program to ensure compliance with the existing soil amendment
provisions of the Land Use Code whether or not Council approves the soil amendment code
changes recommended in Item "A".
30. First Reading of Ordinance No. 086, 2003, Authorizingt he A2Pmt>riation of Funds for
Expenditures for Capital Improvements and Operating Expenses to Improve the Fort Collins-
Loveland Airport Terminal Building Facilities and for Funds to Promote Scheduled Service
into the Airport. (45 minutes)
The Fort Collins-Loveland Municipal Airport has been approached by Allegiant Air to start
scheduled service into the Airport. Negotiations with the Allegiant have been successfully
completed. The Cities have signed a letter of intent to provide certain funds and facilities
to accommodate the service by Allegiant Air.
This Ordinance will appropriate Fort Collins' share of the funds needed to meet the City's
obligations under the proposed agreement. The risk of appropriating the funds is that,if the
proposed service is not successful, the airport will lose anticipated revenues to offset the
capital and operating expenses. In that case, some revenues from the other charter flights
will still be generated,but not as much from the scheduled service.
31. Pulled Consent Items.
32. Other Business.
Status Report on Council Requests.
33. Adjournment.
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