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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 08/18/2009 - SUMMARY AGENDA F6rt CollinsCITY COUNCIL AGENDA 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 August 18, 2009 Proclamations and Presentations 5:30 • A. Proclamation Declaring"Gentleness"as the Character Focus for the month of August 2009 B. The Character Fort Collins Character in Action Recognition. Regular • 11 • PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. Resolution 2009-076 Expressing Appreciation and Gratitude Posthumously to Daniel Arthur Preble For His Contributions to the Golf Board and the Community. 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. l 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 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. Consideration and Approval of the Minutes of the July 7 and July 21, 2009 Regular Meetings. 7. First 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 funding will allow the Fort Collins Safe Routes to School Program (administered and staffed by the Transportation Planning department) to provide non-infrastructure.SRTS services for five local schools: Bennett IB World School,Dunn IB World School,McGraw IB World School,Tavelli Elementary, and Lesher Middle School. Non-infrastructure SRTS services include in-class education, school site and neighborhood PAGE 3 assessments, and walking and bicycling encouragement events. The Fort Collins SRTS program will partner with Bicycle Colorado (a non-profit organization) to provide in-class education. Additionally,the grant will cover the costs of federally-mandated data collection on walking and bicycling at the five local schools. The funding will allow the Fort Collins SRTS program to build on past successes and provide these services to additional schools. 8. First Reading of Ordinance No. 083,2009,Vacating a Portion of Right-of-way as Dedicated on the Plat of Indian Hills Subdivision, First Filine. Indian Hills Subdivision, First Filing is located at the southeast corner of East Stuart Street and Stover Street. A 10.01 foot strip of property, identified on the plat as"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. Therefore, Parks has proposed the vacation of this property. All public and private utilities have been notified of the proposed vacation and report no objections, provided the area is retained as a utility and drainage easement. With this Ordinance, the entire area proposed to be vacated will be retained as a utility and drainage easement. The adjacent property owners have also been contacted and report no objection to the vacation. 9. First 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 intersection of Drake Road and Lemay Avenue has experienced a steady increase in traffic as development has occurred in the surrounding area. The City has designed the East Drake Road and South Lemay Avenue Improvements Project to build a new right turn lane from westbound Drake Road to northbound Lemay Avenue. The improvements will be constructed 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. The acquisition phase of this Project will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 as Amended (Public Law 91-646). In accordance with these regulations,property owners must be informed about the possible use of eminent domain and their rights pursuant to Colorado Statute in the official Notice of Intent Letter.Authorization from City Council is needed prior to sending this information to property owners. This letter is the first official step in the acquisition phase and happens prior to the appraisals. 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. Therefore, staff is requesting authorization to use eminent domain for all property acquisitions, if such action is.necessary.. 4 PAGE 4 10. First Reading of Ordinance No. 085, 2009, Authorizing the Lease of City-Owned Property at 1506A West Horsetooth Road For Up To Five Years. The City has leased this property since'2003 and desires to continue leasing the property. This Ordinance will allow the City to keep the property rented for up to five years. 11. First 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 this property since 2002 and desires to continue leasing the property. This Ordinance will allow the City to keep the property rented for up to five years. 12. Resolution 2009-077 Authorizing a Grant Agreement with the United States Fish and Wildlife Service for Prairie Ecosystem Conservation Education. This agreement outlines a mutually beneficial collaboration between U.S.Fish and Wildlife Service and City of Fort Collins Natural Areas Program to offer classroom visits,field trips, public programs and volunteer training; Obligations of the Natural Areas Program include hiring a temporary, hourly education assistant and collaborating to implement the grant agreement. The U.S. Fish and Wildlife Service is obligated to fund the project (about $10,000 per year for 5 years) and collaboratively implement the project. 13. Resolution 2009-078 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District. This Resolution authorizes the City Attorney to file a petition in Larimer County District Court to exclude properties annexed into the City in 2008 from the Poudre Valley Fire Protection District in accordance with state law and to allow for the provision of fire protection services to such properties by the Poudre Fire Authority. 14. Routine Easement. Easement for construction and maintenance of public utilities from Mary and Mark Brophy, to install electric vault and underground electric system, located at 1109 West Harmony. 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. 16. Staff Reports. 17. Councilmember Reports. PAGE 5 Discussion 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. Resolution 2009-079 Adopting the 2009 Transfort Strategic OperatinjzPlan as a Component of the Transportation Master Plan. (staff: Kurt Ravenschlag,Nicole Hahn, Scott Weeks; 15 minute staff presentation; 1 hour discussion) As part of the 2008/2009 Budgeting for Outcomes process, the City Council approved funding to pursue the 2009 Transit Strategic Operating Plan update, which was to be completed by the end of 2009. Over the past year and with extensive public input, the proposed Transfort Strategic Operating Plan was prepared by a team that included City staff and consultants. The primary elements of the Transfort Strategic Operating Plan include goals, operating plans, financial plans, implementation, and action items. The Transfort Strategic Operating Plan update was part of a larger transit strategic plan process among the City of Fort Collins-Transfort, the City of Loveland-COLT, and the Poudre School District (PSD). The purpose of the transit strategic plan process was to provide a coordinated effort in updating the 2001 Transfort Service Plan and the 2004 COLT Transit Plan,as well as providing detailed analysis of the opportunities public transportation offers PSD high schools. The Transfort Strategic Operating Plan also addresses the coordination of transit service with the planned Mason Corridor MAX project, identifies potential funding mechanisms and practical phasing options, and addresses financial solutions required to create and sustain a high-performing transit system. Separate documents have been created for Transfort and COLT in order to simplify the plan adoption process. PAGE 6 19. Resolution 2009-080 Finding Substantial Compliance and Initiating Annexation Proceedings for the Riverwalk Annexation. (staff: Ted Shepard; 3 minute staff presentation; 10 minute discussion) The Riverwalk Annexation is 265.65 acres in size. The site is bounded by I-25 on the east, Harmony Road on the north,the Fossil Creek Reservoir Inlet Ditch on the west and Kechter Road on the south. Contiguity with the existing municipal boundary is gained along a portion of the northern boundary which is shared with the Arapahoe Bend Second Annexation and a portion of the west boundary which is shared with the Stute Annexation Number Three,the Brookfield Annexation and the Sunrise Ridge Annexation. The property is mostly a former gravel extraction operation and zoned FA-1,Farming District in Larimer County. The requested zoning is T, Transition. 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. The hearing will be held at the,time of First Reading of the annexation and zoning ordinances on October 6, 2009. Not less than 30 days prior, published notice is required by State law. 20. Resolution 2009-081 Authorizing the Acquisition of Certain Lands for Water Storage and Natural Area. (staff: John Stokes, Dennis Bode; 10 minute staff presentation; 30 minute discussion) Over the last several months, staff has negotiated the acquisition of 128 acres of land and reservoir storage near the southwest corner of Harmony and I-25 for a price of$5.8 million. The land is owned by Stoner and Company("Stoner")and is part of the Riverwalk project —a development proposed for the area by Mr. Jay Stoner. The City wishes to acquire the 128 acres for the primary purpose of water storage. About 80 acres of the 128 acres will be used for storing approximately 1,500 to 2,000 acre feet of water. The property currently has approximately 800 acre feet of water storage capacity. Under the terms of the City's arrangement with Stoner,Stoner will remove an additional 700 to 1,200 acre feet of material from the site to create additional storage capacity prior to closing the transaction. A secondary purpose of the acquisition will be to conserve an open space amenity along 1-25 near the Harmony intersection. Dry land around the reservoir will be restored and managed by the Natural Areas Program to enhance habitat and recreational opportunities. The agreement with Stoner calls for the City and Stoner to work closely together on the design of the reservoir to achieve the primary objective of water storage, while simultaneously building an amenity that is as aesthetically pleasing as possible. 21. Pulled Consent Items. 22. Other Business. PAGE 7 23. Adjournment. 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. i ' GENERALIMPROVEMENT Fort Collins • I AGENDA Doug Hutchinson, President City Council Chambers Kelly Ohlson, District 5, Vice-President 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 following the Regular Council Meeting David Roy, District 6 Cablecast on City Cable Channel 14 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 August 18, 2009 1. Call Meeting to Order. 2. Roll Call. 3. Consideration and Approval of the Minutes of the July 21, 2009 Regular Meeting. 4. Items Relating to the General Improvement District No. 1 Election to be Held on November 3, 2009. A. Second Reading of Ordinance No. 056, Calling an Election to Be Held on November 3, 2009. B. Resolution No. 021 Submitting a Proposed Ballot Measure to the Qualified Electors of the General Improvement District No. 1 for an Election to Be Held on November 3, 2009. Ordinance No. 056 calls a General Improvement District No. 1 (GID) election to be conducted as a mail ballot election on November 3, 2009. The Ordinance has been amended on Second Reading to include authorization for the City Clerk, as Ex Officio Secretary to the GID Board, to submit a mail ballot plan to the i 1 Colorado Secretary of State as required by the C.R.S. Title 1, Article 7.5 (the "Mail Ballot Election Act"). The Resolution submits a ballot question to qualified electors of the GID regarding whether the GID should be allowed to retain the amount that exceeds the TABOR limit collected in years 2005-2008 as well as every year thereafter. 5. Other Business. 6. Adjournment. z