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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/01/2007 - SUMMARY AGENDA REGULAR MEETING AGENDA FORT COLLINS CITY COUNCIL May 1 , 2007 City of Fort Collins 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 Diggs Brown, District 3 Wade Troxell, District 4 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"Cautiousness" as the Community Character Focus for the month of May 2007. B. Proclamation Declaring May 3, 2007 as the National Day of Prayer. C. Proclamation Declaring May as Foster and Kinship Care Appreciation Month. D. Proclamation Declaring May 4-6, 2007 as Cinco de Mayo Celebration Days. E. Proclamation Declaring May as Historic Preservation Month. F. Proclamation Proclaiming May 7-13, 2007 as Public Service Recognition Week. Regular • 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 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 16. 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 Readine of Ordinance No 052 2007. Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. This Ordinance, unanimously adopted on First Reading on April 17, 2007, appropriates $28,040 into the Fort Collins Police Services budget. This amount represents money awarded by the courts pursuant to civil asset seizure and forfeiture actions in 2006 and previous years as well as pro-rata distributions from the Larimer County Drug Task and federal government seizure actions. These funds are held in a General Fund restricted reserve account awaiting appropriation. The funds will be used by Fort Collins Police Services to purchase new equipment and training as well as fund partnerships with community groups that seek to promote positive youth activities, anti-violence, anti-drug, and diversity activities. • • PAGE 3 7. Second Reading of Ordinance No 053 2007 Authorizing the Appropriation of 2007 Fiscal Year Operating and Capital Improvement Funds of the Fort Collins-Loveland Municipal Airport and Authorizing the Reappropriation of Unspent and Unencumbered Funds from 2006. This Ordinance,unanimously adopted on First Reading on April 17,2007,appropriates the City's 50% share ($840,335) of the annual appropriation for the fiscal year 2007 Fort Collins-Loveland Municipal Airport(the"Airport")budget. The City of Loveland manages the Airport's budget and finances, but since the City of Fort Collins owns 50% of the Airport, it is necessary for the City to appropriate its 50%portion of the Airport budget. In addition, this Ordinance authorizes the reappropriation of the City's 50% share of unspent and unencumbered funds at the end of 2006, totaling $1,089,000, to be used for various Airport improvements. 8. Items Relating to Civil Infraction Penalties Appeals and Abatement Assessments. A. Second Reading of Ordinance No. 054, 2007, Amending the City Code by Adding a New Section to Chapter 24, Article II, Division 1 Establishing Penalty for Snow Removal Violations. B. Second Reading of Ordinance No. 055, 2007, Amending the City Code Pertaining to the Appeal of Municipal Referee Orders Regarding Abatement Assessments. Ordinance No. 054, 2007, unanimously adopted on First Reading on April 17, 2007, decriminalizes penalties related to snow removal violations and makes an initial violation a civil infraction rather than a criminal misdemeanor. Ordinance No.055,2007,unanimously adopted on First Reading on April 17,2007,clarifies the process for appealing referee judgments on civil infraction cases and also provides parameters for the referee to use in deciding the propriety of abatement cost assessments by the City in particular cases. 9. Second Reading of Ordinance No. 056 2007,Amending Certain Sections of the City Code Relatingto o Corporate Liability and Individual Liability for Corporate Conduct. Under the current provisions of the City Code,abusiness entity's accountability for behavior which is in violation of the Code is dependent upon whether the entity is a"corporation". The term "corporation" is not defined in the City Code. This Ordinance, unanimously adopted on First Reading on April 17, 2007, amends the City Code to clarify that what is presently referred to as"corporate"liability should actually apply to liability on the part of any kind of business entity. 10. Second Reading_of Ordinance No. 057 2007, Authorizing the Conveyance of Two Small Tracts of Land Located in the Bobcat Ridge Natural Area to Philip and Connie Sprague. During the acquisition of the Bobcat Ridge Natural Area,which involved a series ofpurchase and sale transactions, it was discovered that the fence line of the neighboring parcel,owned • • PAGE 4 by Philip and Connie Sprague, encroached on the Natural Area property according to the legal description. This Ordinance,unanimously adopted on First Reading on April 17,2007, conveys the two small areas of encroachment to the Spragues. The two tracts are 1.84 acres and .50 acres in size. 11. Second Reading of Ordinance No 058 2007 Amending the Zoning Man of the City by Changing the Zoning Classification for That Certain Property Known as the Rigden Farm Tract A Rezoning. Ordinance No.058,2007,unanimously adopted on First Reading on April 17,2007,rezones 4.5 acres located at the southeast comer of South Timberline Road and Custer Drive,in the Rigden Farm development from MMN-Medium Density Mixed-Use Neighborhood District to NC - Neighborhood Commercial District. 12. Items Relating to the Kinard Junior High School Annexation and Zoning. A. Second Reading of Ordinance No. 059, 2007, Annexing Property Known as the Kinard Junior High School Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No.060,2007,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kinard Junior High School Annexation to the City of Fort Collins, Colorado. These Ordinances,unanimously adopted on First Reading on April 17,2007,annex and zone a property approximately 27.18 acres in size. The site is 3002 East Trilby Road, located approximately one-half mile south of Kechter Road on the west side of Ziegler Road. 13. First Reading of Ordinance No 061 2007 Annronriating Unanticipated Revenue in the Transit Services Fund for Use with Existing Annronriations for the Purpose of Providing Programming Aimed at Relieving Urban Congestion. The City of Fort Collins has received Congestion, Mitigation & Air Quality (CMAQ) funding to fund three air quality related projects in 2007. This funding is a reallocation of a portion of the 2007 Transportation Demand Management (TDM) Program — funds not currently required due to the reduction in scope of the TDM Program. The revised CMAQ funding will aid in funding three projects which are: • The Bicycle Coordinator Program (FC Bikes) - an existing Program that seeks to encourage citizens to utilize bicycling as their preferred method of sensible transportation through the implementation of special events and campaigns that emulate the many facets of bicycling, • Transfort Test Ride Marketing Program - a new marketing campaign to promote transit use among the City's largest employers, and • Marketing for Transfort's three new routes- a campaign aimed at increasing public awareness of the new transit fixed routes available in 2007. • • PAGE 5 14. First Reading of Ordinance No 062 2007 Amending Chapter 26 Article IV of the City Code to Revise Wastewater Pretreatment Program Requirements. The proposed modifications pertain to the following wastewater industrial discharge provisions of the City Code: • Section 26-206 Definitions Grab Sample — As directed by the EPA, the definition will be updated to be consistent with the EPA definition. This modification will be more restrictive as a time limitation will be specified where one did not previously exist. Zero-Discharge - A definition of zero-discharge permit will be added to Code. RV Wastewater- A definition of RV wastewater will be added to Code. • Section 26-318 Sampling and analysis As recommended by the EPA,the required period of records retention for industrial pretreatment will be changed from three to five years. • Section 26-343 Discharge limitations Language will be added to provide the General Manager with authority to request records from dental practices and obsolete language concerning date of mercury program initiation will also be deleted. This modification does not increase requirements on dental offices but does clarify the General Manager's authority. Sections 26-308 and 26-309 The Code will be modified to state that, when applicable, a zero-discharge permit may be issued as the result of an industrial discharge permit application. The modification does not increase or relax existing permit application requirements. The United States Environmental Protection Agency (EPA) has given approval for the modifications and completed a thirty day public notification process for them. 15. First Reading of Ordinance No 063 2007 Amending Certain Sections in Chanter 7 of the City Code Relating to the Board of Elections. This Ordinance amends the City Code to conform the Code to the City Charter, as amended by the voters on April 3, 2007, and to accurately reflect the duties of the Board of Elections. 16. First Readine of Ordinance No 064 2007 Authorizing the Purchasing Agent to Enter into an Agreement to Finance Vehicles and Equipment Through Lease-Purchase. The cost of the items to be lease-purchased is $1,070,000. Payments at the 4.26% interest rate will not exceed$119,367 in 2007. Money for 2007 lease-purchase payments is included in the 2007 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 0.22 %. A competitive process was used to select Koch Financial Corporation for this lease. • • PAGE 6 END CONSENT 17. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 18. Staff Reports. 19. Councilmember Reports. 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. 20. Items Relating to Making Board and Commission Liaison Assigmnents and Various Committee Board and Authority Appointments. (no staff presentation - 15 minute discussion) A. Resolution 2007-041 Making Board and Commission Liaison Assignments and Various Committee, Board, and Authority Appointments. B. Resolution 2007-042 Making an Appointment to the Fort Collins Housing Authority Board of Commissioners. C. Resolution 2007-043 Approving and Endorsing the Appointment of a Councilmember to the Larimer County Fair Board. D. Resolution 2007-044 Appointing a Representative to the Colorado Municipal League Policy Committee. Following the Council organizational meeting in April of odd-numbered years, Councilmembers decide which of the various board and commission liaison assignments and • PAGE 7 committee appointments are of interest to them as individuals. At the recent City Council Retreat(April 20-21) Councilmembers discussed liaison and committee assignments. For the purpose of discussion at this meeting, a blank grid, as well as a grid showing the preliminary assignments, are attached. Each Resolution has been drafted to include the assignments preliminarily decided at the Council Retreat. Resolution 2006-089 appointed Ben Manvel as the City representative to the Larimer County Open Lands Advisory Board with a term to expire on June 30,2009. Since Councilmember Manvel wishes to remain as the City representative to this board and his present term has not expired, a separate Resolution has not been prepared. 21. Pulled Consent Items. 22. Other Business. 23. 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.