HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 03/07/2006 - SUMMARY AGENDA REGULAR MEETING AGENDA
FORT COLLINS CITY COUNCIL
March 7, 2006
Citv of Fort Collins
Doug Hutchinson, Mayor City Council Chambers
Karen Weitkunat, District 2, Mayor Pro Tem City Hall West
Ben Manvel, District 1
300 LaPorte Avenue
Diggs Brown, District 3 Fort Collins, Colorado
Kurt Kastein, District 4
Kelly Ohlson, District 5 Cablecast on City Cable Channel 14
David Roy, District 6 on the Comcast cable system
The City of Fort Collins will make reasonable accommodations for access to City services,programs,and activities and
will make special communication arrangements for persons with disabilities. Please call 221-6515(TDD 224-6001)for
assistance.
Proclamations and Presentations
5:30 •
A. Proclamation Declaring the Month of March, 2006 as Operation ShoeBox Month.
B. Proclamation Naming the Week of March 6-10, 2006 as Disability Awareness Week.
C. Proclamation Declaring the Month of March, 2006 as Women's History Month.
D. Proclamation Naming Resourcefulness as the Community Character Focus for March,2006.
E. Proclamation Naming March,2006 as Month of International Friendship and Understanding.
Regular •
11 •
PLEDGE OF ALLEGIANCE
1. CALL MEETING TO ORDER.
2. ROLL CALL.
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3. CITIZEN PARTICIPATION (limited to 30 minutes)
Individuals who wish to address the Council on items not specifically scheduled on the agenda must first be
recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes. If there are more than 6
individuals who wish to speak,the Mayor may reduce the time allowed for each individual.
• State your name and address for the record
• Applause,outbursts or other demonstrations by the audience is not allowed
• Keep comments brief;if available,provide a written copy of statement to City Clerk
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
Consent •
The Consent Calendar consists of Items 6 through 27. 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 Item No. 34,Pulled Consent
Items. The Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
6. 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 Ri is-of-way Easements and Other Public Property AU Equipment
Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the
Provision of Cable Services to Citizens Within the City.
This Ordinance,which was unanimously adopted on First Reading on January 17,2006,will
grant a Cable Franchise Agreement between the City of Fort Collins and Comcast of
California/Colorado LLC ("Comcast'). This agreement is a nonexclusive franchise.
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7. Second 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.
This Ordinance, which was unanimously adopted on First Reading on February 21, 2006,
appropriates prior year reserves for land conservation, construction of parking lots, fences
and trails restoration of wildlife habitat and other natural areas needs to benefit the
program
citizens of Fort Collins.
8. Second Reading of Ordinance No. 027. 2006, Appropriating Prior Year Reserves.
Ordinance No. 027,2006,was unanimously adopted on First Reading on February 21,2006.
The Ordinance appropriates prior year's reserves for expenditures authorized in 2005 by
Council but which could not be completed by the end of 2005.
9. Second 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.
In November 2005,voters approved the renewal ofthe 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. Ordinance No.
028, 2006, which was unanimously adopted on First Reading on February 21, 2006,
appropriates funds from the Sales and Use Tax Fund allocation for BOB to the projects
which will receive funding in 2006.
10. Second 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.
Ordinance No. 029, 2006, which was unanimously adopted on First Reading on February
21, 2006, appropriates funds from the Colorado Department of Transportation(CDOT) to
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.
11. Second Reading of Ordinance No. 030, 2006, Authorizing the Transfer of Appropriations
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 Ordinance,
which was unanimously adopted on First Reading on February 21, 2006, transfers 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.
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12. Second Reading of Ordinance No. 031, 2006, Establishing City of Fort Collins
Telecommunication Customer Service Standards - Cable Television.
This Ordinance, which was unanimously adopted on First Reading on February 21, 2006,
establishes requirements for the quality of service provided by cable operators to their
customers in Fort Collins.
13. Second Reading of Ordinance No 032 2006, Amending Section 2-203 of the City Code
Regarding the Functions of the Cultural Resources Board.
This Ordinance, which was unanimously adopted on First Reading on February 21, 2006,
amends 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.
14. Second 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, which was unanimously adopted on First Reading on February 21, 2006,
changes 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.
15. Second Reading of Ordinance No. 034, 2006,Amendin the he 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. The Ordinance was
unanimously adopted on First Reading on February 21, 2006.
16. Second Reading of Ordinance No. 035, 2006, Amending Chapter 23 of the City Code
Relating to the Conveyance of Easements Required to Obtain Utility Service.
This Ordinance, which was unanimously adopted on First Reading on February 21, 2006,
amends the City Code to allow the Purchasing Agent,with the approval of the City Manager,
to contract for utility services and grant such rights-of-way as maybe required in connection
with those services.
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17. Items Relating to Boma Annexation and Zoning.
A. Second Reading of Ordinance No. 036, 2006, Annexing Property Known as the
Boma Annexation to the City of Fort Collins.
B. Second 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.
These Ordinances,which were unanimously adopted on First Reading on February 21,2006,
annex and zone 82.05 acres located at the southwest corner of East Douglas Road(County
Road 54) and Tumberry Road (County Road 11).
18. Items Relating to the Sunrise Ridge Second Annexation and Zoning.
A. Second Reading of Ordinance No. 038, 2006, Annexing Property Known as the
Sunrise Ridge Second Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No.039,2006,Amending the Zoning Map ofthe 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.
Ordinances No. 038, 2006 and 039, 2006, unanimously adopted on First Reading on
February 21, 2006, annex and zone 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.
19. Second Reading of OrdinanceNo.040,2006.Authorizing the Conveyance of Conservation
Easement on City Natural Area Property(Round Butte Ranch Phase Il to Latimer County
and Authorizing a Related Grant Agreement with the Board of the Great Outdoors Colorado
Trust Fund.
This Ordinance,unanimously adopted on First Reading on February 21,2006,authorizes the
conveyance of a 640-acre conservation easement on Round Butte Ranch, Phase 1, 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.
20. Second 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. Ordinance No. 041, 2006, which was
unanimously adopted on First Reading on February 21, 2006, authorizes this easement.
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21. First Reading of Ordinance No 042 2006. Authorizing the Purchasing Agent to Enter into
an Agreement for the Financing by Lease-Purchase of Vehicles and Equipment.
The cost of the items to be lease-purchased is$646,242. Payments at the 4.94%interest rate
will not exceed $ 109,995 in 2006. Money for 2006 lease-purchase payments is included
in the 2006 budget. The effect of the debt position for the purpose of financial rating of the
City will be to raise the total City debt by .14%. A competitive process was used to select
Koch Financial Corporation for this lease. Staff believes acceptance of this lease rate is in
the City's best interest.
22. Resolution 2006-028 Approving Amendment #1 to the Collective Bargaining Agreement
Between the City of Fort Collins Colorado and the Northern Colorado Lodge#3 Colorado
Fraternal Order of Police (The"Agreement").
Adoption of this Resolution would amend Article 8 of the Agreement and align the wage
treatment of the Dispatch Supervisors and Dispatch Manager with that of the Dispatchers.
In accordance with the amended Article 8, all Dispatch personnel in the bargaining unit
would move proportionately from the 2002 Pay Plan to the new 2006 Pay Plan (i.e., from
step-to-step).
23. Resolution 2006-029 Adopting the Fourth Amendment to the City of Fort Collins General
Emplovees' Retirement Plan as Amended and Restated Effective December 31, 2001.
This Resolution removes three members of the Police Services bargaining unit who are
Community Service Officers and are also currently participants in the General Employees'
Retirement Plan("GERP"). The collective bargaining agreement between the City and the
Fraternal Order of Police Lodge # 3 specifies that Police Services employees will be
participants in a 401 pension plan administered by ICMA-RC and that the City and such
employees will each contribute 8%ofbase salary to such plan commencing with the first pay
period in 2006.
Maintaining the three Community Service Officers in the GERP is not required by the
collective bargaining agreement and would provide them with the windfall of a 4.5%of base
salary City pension contribution in excess of what other bargaining unit members are
receiving. This resolution,if adopted,would result in all of the Community Service Officers
receiving the same percentage of base salary contribution to their pension plans.
24. Resolution 2006-030 Authorizing the Mayor to Execute an Intergovernmental Agreement
Between the City and the Town of Windsor Regarding Land Use and Development at the
intersection of Interstate Hi way 25 and Carpenter Road.
At a recent work session, Council considered a draft intergovernmental agreement (IGA)
with the Town of Windsor. The agreement calls for joint funding and staffing on a
comprehensive development plan for lands around the I-25/Carpenter Road interchange. The
study would include land uses, design, environmental protection, and infrastructure
financing.
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The legal staffs from both communities are working to amend the draft IGA presented at the
work session incorporating Council comments.
25. Resolution 2006-031 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Sanctuary Annexation.
The Sanctuary Annexation is 15.65 acres in size. The site is located approximately one-half
mile south of Kechter Road and approximately one-quarter to one-half mile east of Ziegler
Road.
The proposed Resolution states that it is the City's intent to annex this property and directs
that the published notice required by State law be given of the Council's hearing to consider
the needed annexation ordinance.
26. Resolution 2006-032 Making an Appointment to the Human Relations Commission.
A vacancy currently exists on the Human Relations Commission due to the resignation of
John Coleman. Councilmembers Roy and Brown conducted interviews and are
recommending Jeffery Van Fleet to fill the vacancy with a term to begin immediately and set
to expire on December 31, 2010.
27. Routine Easement.
Easement for construction and maintenance of public utilities from Robert and Evelyn
McCormick,to underground existing electric system,located at 806 North College Avenue.
Monetary consideration: $2500.
END CONSENT
28. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
29. Staff Reports.
30. Councilmember Reports.
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Discussion Items
The method of debate for discussion items is as follows:
• Mayor introduces the item number,and subject;asks if formal presentation will be made by staff
• Staff presentation(optional)
• Mayor requests citizen comment on the item(five minute limit for each citizen)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised,at the discretion of the Mayor,to ensure all citizens
have an opportunity to speak.
31. Consideration of the Appeal of the December 13,2005 Determination of the Administrative
Hearing Officer to Approve the Raven View Project Development Plan (PDP) and
Modification of Standard. (10 minutes staff presentation - 2 hour discussion)
The Raven View PDP is a proposed residential infill and redevelopment project. The property
is in the LMN—Low Density Mixed-use Neighborhood District. A total of fifty-one single-
family attached and detached units are proposed on an 8.18 acre infill and redevelopment
parcel located southeast of the intersection of Taft Hill and Mulberry Roads, behind the
existing residential parcels that line Mulberry and Taft Hill Roads.
On December 13, 2005, an Administrative Hearing was conducted to receive presentations
and testimony on the Raven View Project Development Plan (PDP) and Modification of
Standard proposal. Staff received no written comments pertaining to this project prior to the
hearing. Staff received one phone call from an abutting resident regarding screening fencing
between existing and proposed residences prior to the hearing. Staffpassed that concern along
to the applicant, who addressed the issue in the plan set submitted for the hearing.
At the Hearing,neighbors expressed their fear that the project will cause an unsafe condition
for pedestrians, particularly school children traveling along Taft Hill Road to Moore
Elementary School. Neighbors added that the lack of City sidewalk maintenance after
snowfalls will compound the problem.
After deliberation,the Administrative Hearing Officer concurred with staff recommendation
and approved the Raven View Project Development Plan and Modification of Standard.
32. First Reading of Ordinance No.043,2006 Amending Chapter 26,Article III,Division 4 of the
City Code Relating to Water Fees. (10 minute staff presentation - 30 minute discussion)
Based on Council direction at the February 14, 2006 Work Session, this Ordinance revises
single family and duplex water rates effective May 1,2006. The Ordinance reduces the fixed
monthly fee from$12.72 to $9.54(including 6%payments in lieu of taxes) for single family
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customers. It also enacts a three-tier rate with 15% between the steps, a change from the
current four-tier rate which has 20%increases between tiers. Customers using less than 8,000
gallons or more than 50,000 gallons per month will have moderate reductions in costs.
Customers using between 8,000 and 50,000 gallons per month will have moderate increases
in costs.
With the proposed rate,a typical single family residential customer's monthlybill will change
from $21.63 to $20.67 in the winter months, a 4% reduction. During the peak summer
watering season,a typical bill would increase 9%from$55.99 to$60.79. These calculations
are based on a typical use of 5,000 gallons per month in the winter and 20,000 gallons per
month during the few peak summer months.
The ordinance also revises duplex rates by reducing the fixed charge from $15.51 to $11.66
and changing to a similar three-tier rate structure.
33. First Reading of Ordinance No. 044, 2006 Amending Section 3.5.4(c)(3)(A) of The City of
Fort Collins Land Use Code. (10 minute staff presentation - 30 minute discussion)
Staff has identified a revision to Section 3.5.4(C)(3)(a) that would strengthen the existing
standard for large retail establishments that requires multiple entrances. The proposed
revision would require secondary entrances to be operational. In addition,the change clarifies
that such second side entrances may serve the anchor store or, instead, serve only attached
small retail store(s) with individual entrance(s). The existing standard and revisions are
intended to work in conjunction with the standard for distributed parking so that the impacts
associated with large, single-use, single-entry retail stores are mitigated.
34. Pulled Consent Items.
35. Other Business.
36. Adiournment.
Every Council meeting will end no later than 10:30 p.m.,except that: (1)any item of business commenced
before 10:30 p.m. may be concluded before the meeting is adjourned and(2) the City Council may, by
majority vote,extend a meeting until no later than 12:00 a.m.for the purpose of considering additional items
of business. Any matter which has been commenced and is still pending at the conclusion of the Council
meeting,and all matters scheduled for consideration at the meeting which have not yet been considered by
the Council,will be continued to the next regular Council meeting and will be placed first on the discussion
agenda for such meeting.