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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 12/15/2009 - SUMMARY AGENDADoug Hutchinson, Mayor Kelly Ohlson, District 5, Mayor Pro Tern Ben Manvel, District 1 Lisa Poppaw, District 2 Aislinn Kottwitz, District 3 Wade Troxell, District 4 David Roy, District 6 Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Krajicek, City Clerk City Council Chambers City Hall West 300 LaPorte Avenue Fort Collins, Colorado Cablecast on City Cable Channel 14 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. REGULAR MEETING December 15, 2009 none. 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 The Consent Calendar consists of Items 6 through 15. 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. 22, 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. 130, 2009, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Joint Facility Project. The City will receive $200,000 from the Energy and Mineral Assistance Program through the Colorado Department of Local Affairs to facilitate the environmental site improvements for the Fort Collins Museum and Discovery Science Center Joint Facility. The City will also receive $200,000 from the Brownfields Revolving Loan Fund through the Colorado Housing and Finance Authority in support of the environmental site cleanup for this project. A commitment of $3,000,000 was received from the Downtown Development Authority supporting the construction of the new Fort Collins Museum and Discovery Science Center Joint Facility. A Grant Agreement with the Downtown Development Authority will be completed as required. The Ordinance, unanimously adopted on First Reading on PAGE 3 December 1, 2009, appropriates a total of $3,400,000 in the Building on Basics (BOB), New Museum Facility Project. 7. Second Reading of Ordinance No. 131, 2009, Amending Chapter 8, Article I of the City Code to Establish the Budget Term for the City. This Ordinance, unanimously adopted on First Reading on December 1, 2009, changes the next two- year budget term and all future two-year terms of the City budget. The City Council has just adopted the 2010-2011 City budget. With the adoption of this Ordinance, the next budget term will be 2011- 2012 and future two-year budget terms will begin in the odd -numbered years. The Budget process will take place in the even -numbered years. 8. Second Reading of Ordinance No. 132, 2009, Amending Chapter 14 of the City Code by Replacing References to the Department of Advance Planning and the Director of Advance Planning to the Department of Community Development and Neighborhood Services and the Director of Community Development and Neighborhood Services. This Ordinance, unanimously adopted on First Reading on December 1, 2009, amends Chapter 14 of the City Code to replace references to the Department of Advance Planning and Director of Advance Planning to the Department of Community Development and Neighborhood Services and the Director of Community Development and Neighborhood Services. 9. Second Reading of Ordinance No. 133 2009, Vacating a Portion of the Harmony Road Right -of -Way as Originally Dedicated by the Larimer County Road Viewers Report. This Ordinance, unanimously adopted on First Reading on December 1, 2009, vacates an unused section of right-of-way on Harmony Road, adjacentto the Harmony Ridge Subdivision, eastof Seneca Street. The Harmony Ridge Subdivision Home Owners Association (HOA) has requested this section of unused right-of-way be vacated back to Harmony Ridge for the purpose of landscape improvements by the Harmony Ridge HOA. Once vacated, the Harmony Ridge HOA will accept all responsibility for maintenance of the property and all improvements to the property will be governed by the City Land Use Code requirements. A blanket utility easement will be reserved for maintenance of existing utilities. 10. Second Reading of Ordinance No. 134, 2009, Authorizinq Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project (Phase Three). The Mason Express ("MAX"), bus rapid transit project is currently within the right-of-way acquisition phase of the project. Project acquisitions have been broken into four phases, with the possibility of additional phases as needed. This Ordinance pertains to the third phase (Phase Three) and consists of six distinct property ownerships. Phases I and II were previously adopted by City Council earlier this year, and acquisitions for these phases are currently underway. As a federally funded transportation project, acquisitions 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 this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to Colorado State Statute in the official Notice -of -Interest PAGE 4 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, which must occur prior to the appraisals. Given the recommended construction schedule for the Project and the fact that acquisitions must be conducted under procedures for federally funded projects, timely acquisition fo the property interests is necessary. Therefore, staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. This Ordinance, unanimously adopted on First Reading on December 1, 2009, authorizes the use of eminent domain for the MAX Project. 11. Second Reading of Ordinance No. 135 2009, Appropriating Prior Years Reserves in the Capital Projects Fund and Authorizing the Transfer of Appropriated Amounts Between Funds for a Commercial Redevelopment Study for the Midtown Commercial Corridor Area. Council directed staff to prepare a redevelopment study for the Midtown Commercial Corridor at the June 9, 2009 Work Session. Staff solicited requests for proposal, resulting in 18 responses from across the nation. Five finalists were interviewed by a selection committee of Economic Health, Advanced Planning, and Current Planning staff. The selection committee, using the City's purchasing process, selected a team led by ELS Architecture and Urban Design, supported by Economic and Planning Systems and Warren Wilson. The Ordinance, unanimously adopted on First Reading on December 1, 2009, appropriates residual funds from the capital project fund prior year reserves to cover the cost of the Study and provide additional funds for implementation work. 12. First Reading of Ordinance No. 136, 2009, Amending Section 1-15 (q) of the City Code Relating to General Penalties. Currently, drivers of motor vehicles who can be assessed at least one (1) point on a moving violation are required to pay an additional $35 traffic calming surcharge upon conviction. The City has experienced a proliferation of bicycles and other nonmotorized users of the City's roadways. It is recommended that bicyclists and other nonmotor vehicle operators who receive citations for what would be considered moving violations if committed by an operator of a motor vehicle also be required to pay the traffic calming surcharge. Examples of violations where this surcharge would be applicable are, but not limited to, driving on the wrong side of the road, failure to yield the right-of-way, driving at night with no lighting, failure to stop for a red light, etc. 13. First Reading of Ordinance No. 137 2009, Amending Section 24-96 of the City Code Regarding Snow Emergencies. This Ordinance amends the City Code Section 24-96 to provide the City Manager with the authority to declare a snow emergency when conditions warrant. The current Code designates the City Engineer as the official with the authority to declare a snow emergency. 14. Resolution 2009-111 Approving the Stipulated Determination of Vested Rights Between the City and South Harmony, LLC. South Harmony, LLC is the developer of Brookfield Subdivision and has completed much of the project, but there remains about half of the dwelling units to be sold and constructed. The plan has expired. Accordingly, South Harmony, LLC has filed an application for a Determination of Vested Rights under Division 2.13 of the Land Use Code and the City Manager and City Attorney agree that PAGE 5 the application for Determination of Vested Rights should be granted. The proposed resolution would formalize the determination of vested rights. 15. Resolution 2009-112 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. Vacancies currently exist on various boards, commissions, and authorities due to resignations of board members and the expiration of terms of current members. Applications were solicited during September and Council teams interviewed applicants during October and November. This Resolution appoints boardmembers to fill current vacancies and term expirations. END CONSENT 16. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 17. Staff Reports. 18. Councilmember Reports. 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. PAGE 6 19. First Reading of Ordinance No. 138, 2009, Amending Section 4 of the City Code Relating to Animals, Particularly Dogs. (staff: Teresa Ablao, Jim Szakmeister, Captain Bill Porter, Humane Society; 10 minute staff presentation; 30 minute discussion) The proposed changes to the animal provisions of the City Code are primarily intended to better identify and define behaviors associated with dangerous and vicious animals and specify more appropriate alternatives for dealing with such animals. Thus, the revisions set forth a number of requirements regarding the impounding and disposition of animals found to be dangerous or vicious. These provisions also provide a broader range of conditions that ajudge may order in order for animal owners to keep an animal found to be dangerous or vicious as an alternative to surrendering the animal for euthanasia or removing it from the jurisdiction. In addition, the proposed revisions address the proper method of tethering animals. 20. Items Relating to the Fossil Creek 392 Annexation and Zoning. (staff: Steve Olt; 10 minute staff presentation; 20 minute discussion) A. Resolution 2009-113 Setting Forth Findings of Fact and Determinations Regarding the Fossil Creek 392 Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 139, 2009, Annexing Property Known as the Fossil Creek 392 Annexation to the City. C. Hearing and First Reading of Ordinance No. 140, 2009, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Creek 392 Annexation to the City. This is a request to annex and zone 28 acres located on the south side of Carpenter Road (SH 392), at the southwest corner of Interstate 25 & Carpenter Road. The property is undeveloped and is in the AP - Airport District in Larimer County. The requested zoning for this annexation is C - Commercial. Staff is recommending that this property not be included in the Residential Neighborhood Sign District. A map amendment will be necessary to place this property on the Residential Neighborhood Sign District Map as an "Area Not in the Sign District". The "Residential Neighborhood Sign District" was established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. The subject property is in an identified commercial corridor along 1-25, with the closest predominantly residential uses approximately 1,000 feet to the west. 21. Resolution 2009-114 Making an Appointment to the Planning and Zoning Board. (staff: Wanda Krajicek; no staff presentation; 5 minute discussion) A vacancy currently exists on the Planning and Zoning Board due to the expiration of term of Ruth Rollins who did not reapply. Councilmembers Poppaw and Troxell conducted interviews but did not agree on a recommendation for the Planning and Zoning Board. The Council interview team wishes to submit two names (John Hatfield and Daniel Lenskold, Sr.) for Council's consideration for that position: PAGE 7 22. Pulled Consent Items. 23. Other Business. 24. 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. l