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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 09/01/2009 - SUMMARY AGENDA Ci . D . Doug Hutchinson, Mayor City Council Chambers Kelly Ohlson, District 5, Mayor Pro Tern City Hall West Ben Manvel, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Aislinn Kottwitz, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 David Roy, District 6 on the Comcast cable system Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Krajicek, City Clerk 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. REGULAR MEETING September 1, 2009 Proclamations and Presentations 5:30 • A. Proclamation Declaring Faith as the Character Focus for September 2009 and Recognition of the "Character in Action." B. Proclamation Declaring September 10 and 12, 2009 as the Silver Anniversary Celebration of the Historic Homes Tour. C. Proclamation Declaring the Month of September as Chiari Malformation Month. D. Proclamation Declaring the Week of September 7-11, 2009 as Payroll Week. E. Proclamation Declaring the City as a 2010 Census Partner with the U.S. Census Bureau. MeetingRegular 11 • PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. PAGE 2 3. CITIZEN PARTICIPATION (limited to 30 minutes) Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking,please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker's time. 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 • Address your comments to Council,not the audience. 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 CalendarConsent The Consent Calendar consists of Items 6 through 14. 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. 21, 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. 082, 2009, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund to Fund the 2009-2010 Safe Routes to School Project. The City of Fort Collins Transportation Planning Department has received a federal grant through the Colorado Department of Transportation(CDOT)for the FY 2009-10 Safe Routes to School (SRTS) Program. This program will target students, parents, and teachers at Bennett IB World School, Dunn IB World School, McGraw IB World School, Tavelli Elementary, and Lesher Middle School in a collaborative effort to increase the numbers of children bicycling and walking to school. This Ordinance, unanimously adopted on First Reading on August 18, 2009, appropriates the funds from this grant. PAGE 3 7. Second Reading of Ordinance No. 083 2009, Vacating a Portion of Right-of-way as Dedicated on the Plat of Indian Hills Subdivision, First Filing. This Ordinance, unanimously adopted on First Reading on August 18, 2009, vacates a portion of right-of-way located in the Indian Hills Subdivision,First Filing, at the southeast corner of East Stuart Street and Stover Street. A 10.01 foot strip of property, identified. on the plat as a"crosswalk,"was dedicated to the City as a right-of-way between Lots 6 and 7, to connect Indian Hills Park to Cherokee Drive. The City Parks Department has no plans to construct a sidewalk connection on this narrow strip of land since there is satisfactory access to the Park and the connection is not necessary.The adjacent property owners have also been contacted and report no objection to the vacation. 8. Second Reading of Ordinance No. 084 2009, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the East Drake Road and South Lemay Avenue Intersection Improvements Project. The East Drake Road and South Lemay Avenue Improvements Project is scheduled to begin in 2010. The Project requires the acquisition of various real property interests from two different properties which are located at the northeast corner of the intersection. Since the Project will be funded through the Congestion Mitigation and Air Quality(CMAQ)Program, all aspects of the Project, including property acquisitions,must comply with procedures for federally funded projects. Given the recommended construction schedule for the Project and the fact that the acquisitions must be conducted under procedures for federally funded projects, timely acquisition of the property interests is necessary. This Ordinance, unanimously adopted on First Reading on August 18, 2009, authorizes the use of eminent domain for all property acquisitions, if such action is necessary. 9. Postponement of Second Reading of Ordinance No. 085, 2009, Authorizing the Lease of City-Owned Property at 1506A West Horsetooth Road For Up To Five Years to October 6, 2009. The City has leased this property since 2003 and desires to continue leasing the property. This Ordinance, unanimously adopted on First Reading on August 18, 2009,will allow the City to keep the property rented for up to five years. This item is being postponed to October 6, 2009, to give staff time to work with a neighboring property owner to resolve certain property and tenant concerns. 10. Second Reading of Ordinance No.086 2009,Authorizing the Lease of City-Owned Property at 3620 Kechter Road for Up to Five Years. The City has leased the property located at 3620 Kechter since.2002 and desires to continue leasing the property. This Ordinance,unanimously adopted on First Reading on August 18, 2009, will allow the City to keep the property rented for up to five years. PAGE 4 11. First Reading of Ordinance No. 087 2009 Appropriating Prior Years Reserves in the Downtown Development Authority Fund for Expenditure on Projects in Accordance with the Downtown Plan of Development. This Ordinance appropriates unanticipated revenue from interest earnings in the amount of $332,044, from project savings in the amount of$1,555,249; and from the transfer of funds from projects not currently ready for reimbursement to projects or programs that are ready in the amount of$1,614,085. The Downtown Development Authority (DDA) Board has authorized the expenditure on the various projects and programs. 12. First Reading of Ordinance No. 088 2009, AdoptingUpdated Rules and Regulations Governing Grandview and Roselawn Cemeteries to Allow Green Burials at Roselawn and to Make Minor Lange Improvements. The community interest in green burials is growing. Green burials are burials without embalming,without a burial vault,using a casket made of non-toxic,biodegradable material or a biodegradable burial shroud. The surfaces of the graves are unadorned,unirrigated turf with simple memorial markers. The adoption of this Ordinance changes the Cemetery Rules and Regulations to allow green burials at Roselawn Cemetery. Unlike Grandview Cemetery, Roselawn has land that can be dedicated to green burials. The other changes to the Rules and Regulations are simple housekeeping measures.The last major update was completed in May 2005. 13. First Reading of Ordinance No. 089 2009 Desi ng ating the Paramount Cottage Camp, 1544 West Oak Street as a Fort Collins Landmark Pursuant to Chapter 14 of the CitY Code. The owners of the property,Maureen Plotnicki and Stephen Weber,are initiating this request for Fort Collins Landmark designation for the property at 1544 West Oak Street,historically called the Paramount Cottage Camp. The property has individual significance to Fort Collins under Landmark Preservation Standard 1, as a locally rare, representative example of the tourist camp industry in Colorado, utilized to promote tourism and community growth; and Standard 3,as an intact example of a cottage camp,embodying the distinctive characteristics of this unique property type. Built in a vernacular architectural style typical of tourist camps, the two mirror-image cottage camp buildings retain good integrity. 1 14. Routine Easements. Easement for construction and maintenance of public utilities from First National Bank,to replace electric oil switch, located in the parking lot at 316 South Howes. Monetary consideration: $10. END CONSENT 15. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. PAGE 5 16. Staff Reports. 17. Councilmember Reports. 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. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker's time. 18. Items Relating to the North College Improvements Project-Phase II. (staff:Jennifer Petrik, Kathleen Bracke; 10 minute staff presentation; 45 minute discussion) A. Resolution 2009-082 Approving the Design and Scheduling of the North College Improvements Project—Phase II. B. First Reading of Ordinance No. 090, 2009, Authorizing the Transfer of Existing Appropriations Between Capital Projects for the North College Improvements Project. The City of Fort Collins is in the final stage of the conceptual design phase for the North College Corridor Improvements Project — Phase II, from Vine Drive north to the Hickory/Conifer Intersection. The Project was initiated in accordance with the voter- approved Building on Basics (BOB) Capital Improvement Program. Additional project funding was secured by the City from the Colorado Department of Transportation (CDOT) and North Front Range Metropolitan Planning Organization (NIPO). Staff is seeking Council approval of the North College Improvements Project— Phase II, Vine Drive to the Hickory/Conifer Intersection Conceptual Design Report,dated September 1, 2009, as well as the proposed schedule for the Project. The Project Report includes a summary of the conceptual design phase of the Project, including the preferred conceptual design for the corridor and an implementation phasing plan. Staff is also seeking Council approval for the use of the remaining Truck Route funds for the North College Project in order to further extend the needed improvements along this state highway corridor and meet the intended construction schedule of 2011, as desired by the North Fort Collins Business Association (NFCBA) and local business/property owners. PAGE 6 19. Resolution 2009-083 Approving the Posting of a Bond in Lieu of Payment of Street Oversizing Capital Improvement Expansion Fees. (staff: Mike Freeman, Josh Birks; 10 minute staff presentation; 20 minute discussion) The Fort Collins Brewery has plans to develop a 34,000 square foot (SF) brewery and restaurant. The project has faced several financial challenges, including below cost appraisals and construction delays and,as a result,is short of funds. The business owner has asked the City to defer the Street Oversizing Capital Expansion Fees associated with the proposed project to provide some relief and facilitate construction,for a period not to exceed 12 months from the issuance of building permit. 20. Resolution 2009-084 Appointing Two Representatives to the Colorado Municipal League Policy Committee. (staff: Darin Atteberry; no staff presentation; 15 minute discussion) Appointments to the CML Policy Committee are made each fall and members serve for a one-year period. Each member municipality of the League is entitled to a representative,and all cities over 100,000 are entitled to designate two representatives. The Policy Committee is responsible for reviewing legislative proposals and recommending to the League Executive Board,positions of support,opposition, no position or amendment to a wide variety of legislation affecting cities and towns.At each annual conference in June, the Policy Committee proposes to the membership,revisions to the League's policies which guide League positions on public policy issues affecting municipalities. The Committee meets three or four times a year, before and during legislative sessions as well as in May prior to the annual conference. This Resolution appoints one Councilmember, to be selected at this meeting, and City Manager Darin Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. 21. Pulled Consent Items. 22. Other Business. a. Consideration of a possible executive session regarding potential litigation. 23. Adjournment. a. Motion to adjourn to 6:00 p.m., Tuesday, September 8, 2009. 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.