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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 02/20/2007 - SUMMARY AGENDA REGULAR MEETING AGENDA AC FORT COLLINS CITY COUNCIL City of Fort Collins February 20, 2007 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 week of February 18-24, 2007 as Engineering Week. B. Proclamation Declaring March 6, 2007 as American Collegiate Hockey Association Championship Day. C. Proclamation Declaring the month of February as Career and Technical Education Month. 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 29. 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. 37,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 2007 Authorizing Acquisition By Eminent Domain Proceedings of Flood Plain Easements for the Fossil Creek Drainage Project The present City 100-year floodplain boundary near Trilby Road and the Union Pacific Railroad right-of-way encompasses 105 homes presently constructed in the Paragon Point and Stanton Creek subdivisions. All 105 of these homes will be removed from the 100-year floodplain by the construction of two (2) 120-inch diameter culverts through the Union Pacific Railroad embankment on Fossil Creek,just south of Trilby Road. In addition, the risk of a catastrophic failure of the railroad embankment and resulting damage to homes downstream will be reduced. The collateral effect of these new culverts through the railroad embankment will cause an increased 100-year floodplain impact to two (2) landowners downstream of those new culverts. City staff has conducted several meetings and communications with the landowners and will continue these efforts into the future in order PAGE 3 to obtain a settlement by mutual agreement. This Ordinance,unanimously adopted on First Reading on February 6, 2007, authorizes the City to acquire the property rights for the City by eminent domain in case no agreement can be reached regarding the acquisition of these two (2) 100-year flood plain easements from the landowners. 7. Second Reading of Ordinance No. 019. 2007 Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Projects Fund - Drake and Zeigler Road Improvements Project. Phase II. Arterial street improvements are planned for Ziegler Road,from Environmental Drive south to Horsetooth Road. These street improvements will include the realignment and construction of Ziegler Road to a minor arterial street. Prior to actual construction of the roadway improvements, several drainage improvements need to be made in the area. These improvements include relocating a portion of the Fossil Creek Inlet Ditch (FCRID) to accommodate the arterial roadway, the construction of a bridge over the FCRID, and the construction of an outfall channel from the existing Rigden Pond(Pond 261)to the Poudre River. This Ordinance, unanimously adopted on First Reading on February 6, 2007, appropriates funds for these improvements. 8. Second Readine of Ordinance No. 020 2007 Dissolving the Library Board and Amending the City Code by Repealing Sections Relating to the Library Board The Fort Collins Library Board has indicated it no longer wishes to meet and recommends disbanding the Board,effective immediately. This Ordinance,unanimously adopted on First Reading on February 6, 2007, dissolves the Library Board. 9. Second Reading of Ordinance No. 021 2007 Amending Chapter 2 of the City Code to Create an Economic Advisory Commission This Ordinance, unanimously adopted on First Reading on February 6, 2007, creates an Economic Advisory Commission. The main purpose of this Commission is to provide ongoing advice and input to the City Council regarding the City's role in economic health, advice on key economic issues and trends, and recommendations for the City Council to consider for implementation. 10. Second Reading of Ordinance No.022,2007 Submittinetoa Vote of the RegisteredElectors of the City of Fort Collins a Proposed Amendment to Article VIII of the City Charter Pertaining to the Board of Elections This Ordinance,unanimously adopted on First Reading on February 6,2007, submits to the voters at the April 3, 2007 election a proposed Charter amendment modifying the composition of the Election Board to consist of the City Clerk,the Chief Deputy City Clerk, and the Municipal Judge. PAGE 4 11. Second Reading of Ordinance No.023,2007.Submittin¢to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article XI of the City Charter Pertaining to Franchises and Public Utilities. This Ordinance, unanimously adopted on First Reading on February 6, 2007, asks the electors of the City of Fort Collins at the April 3,2007 election whether they wish to amend the City Charter so that the existing 20-year limit on franchises and leases would apply only to franchises. 12. Second Reading of Ordinance No.024,2007,Amending Article II of Chanter 12 and Article XV of Chanter 15 of the City Code to Prohibit the Disposal of Electronic Goods in the Community's Waste Stream. This Ordinance, which was unanimously adopted on First Reading on February 6, 2007, amends the City Code to prohibit disposal of electronic equipment(as defined by the State of Colorado Hazardous Waste Regulations 1007-3,Section 260.10)in the waste system. By taking this pollution prevention measure, the City will help protect local public health and the environment. Covered materials, as defined by Colorado Statute, include electronic components, subassemblies,or other parts derived from the subassembly of electronic devices. Electronic "devices" means equipment that contains one or more electronic circuit boards or other complex circuitry, including but not limited to computer monitors, televisions, central processing units (CPUs), laptops, printers, terminals, mainframes, and stereo equipment. 13. Second Reading of Ordinance No. 025, 2007 Amending Certain Sections of the Larimer County Urban Area Street Standards by Reveal and Readoption Thereof This Ordinance, unanimously adopted on First Reading on February 6, 2007, revises the "Latimer County Urban Area Street Standards" (Standards). The current Standards, originally adopted in 2001, are in need of revision to make clarifications and corrections. This is the second of periodic revisions planned to keep the document current and more easily understood. These revisions are scheduled for consideration by Larimer County and the City of Loveland on February 20,2007. It is planned that the revisions to the Standards will become effective April 1, 2007. 14. Second Reading of Ordinance No. 026,2007 Authorizing the Conveyance of Certain Real Property In Section 6. Township 7 North Range 68 West The City of Fort Collins owns a small strip of ground, totaling 4,118 square feet, located north of a fence constructed at some time in the distant past. Lindenwood Home Owners Association owns land abutting this small strip to the north. The City is constructing the East Vine Diversion Channel on the south side of the present fence. By transferring this strip of land to the Lindenwood Home Owners Association, the City will no longer have any responsibility to maintain or mow the strip, nor have any liability exposure for occupation or use of that land or the fence bounding it. Ordinance No. 026,2007,unanimously adopted on First Reading on February 6, 2007, authorizes conveyance of this property to the Lindenwood Home Owners Association. PAGE 5 15. Second Reading of Ordinance No. 027, 2007 Designating the Emma Brown/Susan Winter House, 720 West Prospect Road, as a Fort Collins Landmark Pursuant to Chanter 14 of the City Code. Ordinance No. 027, 2007, unanimously adopted on First Reading on February 6, 2007, designates the Emma Brown/Susan Winter House as a Fort Collins Landmark. The owner of the property, Susan Winter, is initiating this request. 16. Second Reading of Ordinance No. 028. 2007 Authorizing the Dedication by the City of Right-of-Way Required for the New Alignment of County Road 32C in Bobcat Ridge Natural Area in Exchange for Vacation of the Right-of-Way for the Former Alignment Larimer County, as part of its development review process for improvements to the City's Bobcat Ridge Natural Area, required the City of Fort Collins to improve County Road 32C for the access to the Natural Area. In connection with that process, it was determined that the Road historically has not been located fully within the existing right-of-way for County Road 32C. In order to correct this discrepancy, the County has requested that the City dedicate right-of-way needed for the correct alignment. The City has requested that the County vacate the existing right-of-way in exchange for the proposed new right-of-way dedication. This Ordinance, unanimously adopted on First Reading on February 6, 2007, authorizes the dedication of the right-of-way needed to correct alignment of County Road 32C. 17. First Reading of Ordinance No. 031,2007 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2007 Adopted City Budget. The purpose of the previously appropriated funds remains the same, that being for land conservation, construction of parking lots, fences and trails, restoration of wildlife habitat and other natural areas program needs to benefit the citizens of Fort Collins. 18. First Reading of Ordinance No. 032 2007 Appropriating Prior Year Reserves City Council authorized expenditures in 2006 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2006 because: • There was not sufficient time to complete bidding in 2006 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies. • The project for which the dollars were originally appropriated by Council could not be completed during 2006 and reappropriation of those dollars is necessary for completion of the project in 2007. • To carry on programs, services, and facility improvements in 2007 with unspent dollars previously appropriated in 2006. PAGE 6 In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2006. 19. Items Relating to an Intergovemmental Agreement with the Colorado Department of Transportation for the Design and Construction of East Mountain Trolley Track Enhancements. A. Resolution 2007-010 Authorizing the Mayor to Execute an Intergovernmental Agreement with the Colorado Department of Transportation for the Design and Construction of East Mountain Trolley Track Enhancements. B. First Reading of Ordinance No. 033,2007,Appropriating Unanticipated Revenue in the Transportation Services Fund and Authorizing the Transfer of Existing Appropriations in the Transportation Services Fund and the General Fund to Be Used for the Design and Construction of East Mountain Trolley Track Enhancements. The City of Fort Collins received a grant from the North Front Range Metropolitan Planning Organization Transportation Enhancement Grant Program to restore the brick roadbed surrounding the exposed, abandoned, streetcar railway track so it will be an asset to the adjacent Old Town National/State/Local Landmark District, and provide safe pedestrian/bicycle passage. This project will involve removal and salvage of the existing bricks and removal of the existing concrete surrounding the existing tracks and replacement with both salvaged and new brick pavers. 20. First Reading of Ordinance No. 034 2007 Amending Section 23.5 of the City Code Pertaining.to Special Events. The purpose of this Code change is to make the special event application process friendlier to the citizens applying for permits.The amendments to the Code will allow enough time for event organizers to meet conditions of the special event permit including the appeal process, if necessary, prior to the event occurring. It also allows the City time to provide confirmed services (such as review and acceptance from Fire Authority, Liquor Authority and Traffic Operations)to the organizers for planning of the event. The added time equates to increases in the City's ability to coordinate information with the organizer regarding other needed permits or issues that may arise during their event. In general, this change helps the City provide better and timely information and services to the community and citizens availing themselves of the special event process. There is no financial impact. 21. Items Relating to the Weiner Enclave Annexation A. Hearing and First Reading of Ordinance No. 035, 2007,Annexing Property Known as the Weiner Enclave Annexation to the City of Fort Collins, Colorado B. Hearing and First Reading of Ordinance No. 036,2007,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Weiner Enclave Annexation to the City of Fort Collins, Colorado. PAGE 7 This is a request to annex and zone 7.55 acres located on the west side of Ziegler Road,south of Rock Creek Drive,and north ofKechter Road. Fossil Ridge High School is directly to the east.This annexation request consists of two properties(5117 Ziegler Road and 5305 Ziegler Road)that are developed as single-family residences with several outbuildings.The property at 5117 Ziegler Road contains an existing livestock feedlot(not operating)and the property at 5305 Ziegler Road contains a commercial business(Express Concrete). The McClelland's Channel runs along the south property line of 5305 Ziegler Road. The properties are in the FAl -Farming Zoning District in Larimer County. The requested zoning in the City of Fort Collins is LMN - Low Density Mixed-Use Neighborhood. 22. Resolution 2007-011 Finding Substantial Compliance and Initiating Annexation Proceedings for the Kinard Junior High School Annexation The Kinard Junior High School Annexation is 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. Contiguity with the existing municipal boundary is gained along the entire eastern boundary which is shared with the Fossil Lake Annexation Number Two and a portion of the north boundary which is shared with the Homestead Annexation. This is a 100%voluntary annexation for a property located within the Growth Management Area. The property satisfies the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. The Petitioner has requested that the Property included in the Annexation be placed in the "LMN" Low Density Mixed-Use Neighborhood Zone District. The proposed Resolution states 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 April 17,2007. Not less than 30 days prior,published notice is required by State law. 23. Resolution 2007-012 Submitting the Downtown Urban Renewal Plan to the Planning and Zoning Board.the Larimer Countv Board of Commissioners and the Poudre School District Board of Education. Staff is taking the necessary steps to bring forward a Downtown Urban Renewal Plan(URP) for a Council adoption hearing on March 20. One of the necessary steps required by Colorado's Urban Renewal Law is for the Council to formally submit the Urban Renewal Plan to the Planning and Zoning Board for its review and recommendation regarding conformance with City Plan,which is the general plan for development of the municipality as a whole. The Council must also allow the Poudre School District to "participate in an advisory capacity." The Planning and Zoning Board is scheduled to review the proposed Urban Renewal Plan on March 15, 2007. The Council is scheduled to conduct a public hearing and consider resolutions approving a`Blight Study"and the Downtown Urban Renewal Plan at its March 20 regular meeting. Adoption of Resolution 2007-012, referring the Plan to the other PAGE 8 respective bodies, does not commit the Council to approving the Blight Study and Downtown Urban Renewal Plan at its March 20 meeting. 24. Resolution 2007-014 Submitting the Amended North College Avenue Urban Renewal Plan to the Planning and Zoning Board the Larimer County Board of Commissioners and the Poudre School District Board of Education Staff is taking the necessary steps to bring forward an Amendment to the adopted Urban Renewal Plan for the North College Avenue corridor area, for a Council adoption hearing on March 20. One of the necessary steps required by Colorado's Urban Renewal Law is for the Council to formally submit the Urban Renewal Plan to the Planning and Zoning Board for its review and recommendation regarding conformance with City Plan, which is the general plan for development of the municipality as a whole. The Council must also allow the Poudre School District to "participate in an advisory capacity." The Planning and Zoning Board is scheduled to review the proposed Urban Renewal Plan on March 15, 2007. The Council is scheduled to conduct a public hearing and consider resolutions approving an amended`Blight Study" and Urban Renewal Plan at their March 20 regular meeting. Adoption of Resolution 2007-014, referring the Plan to the other respective bodies,does not commit the Council to approving the amended Blight Study and Urban Renewal Plan for the area at its March 20 meeting. 25. Resolution 2007-015 Convenine a Task Force to Update the City of Fort Collins Climate Protection Plan and to Promote Renewable Energy,Energy Efficiency Waste Reduction and Transportation-related Technologies Services and Practices In 1999, City Council adopted Resolution 1999-137, setting a goal to reduce citywide greenhouse gas emissions 30%below worst case 2010 levels,by 2010, and adopting a Plan to meet the goal. The most recent progress report(2004)indicates the City is not on track to meet the 2010 reduction goal. This Resolution calls for the formation of a task force, including citizens and City staff, to develop an updated plan to describe the steps the community will take to meet the existing greenhouse gas goal. It directs that the revised Plan shall include measures to encourage renewable energy, energy efficiency, transportation efficiency, and waste reduction. It also allows the task force to make recommendations on how the City should develop a future direction for climate protection after 2010. 26. Resolution 2007- 016 Adopting the Recommendations of the Cultural Resources Board Reizarding Fort Fund Disbursements The guidelines for the Cultural Development & Programming and Tourism Programming accounts (Fort Fund) provide a three-tiered funding system. Organizations may apply for grants from these accounts to fund community events. Tier#1 was established as an annual programming fund for organizations whose primary purpose is to present three or more public events annually. These groups may apply for funding from Tier#1 each April. Tier #2 allows organizations that are not eligible for Tier#1 support to apply for funding of events that are not fund-raising in nature and do not generate more than $5,000 in proceeds after expenses. Tier#3 allows organizations that are not eligible for Tier#1 support to apply for PAGE 9 funding of events that generate more than $5,000 in proceeds after expenses and are fund- raising in nature. Applications for support from Tier #2 and Tier #3 are accepted each January and June. 27. Resolution 2007-017 Authorizing an Amendment to the Intergovernmental Agreement with Poudre School District Regarding the Building Community Choices City/School District Capital Projects. The Building Community Choices City/ Poudre School District (BCC/PSD)joint projects (ballfields, soccer fields, etc.) have been completed except for the in-line hockey rink at Edora Park. The City and PSD are in agreement that a better use of the funds for the hockey rink would be to construct a tennis court ($55,000) at Rocky Mountain High School with the remaining funds ($111,259) going toward improvements at the skate park at the Northside Aztlan Center. 28. Resolution 2007- 018 Making Appointments to Various Boards and Commissions A vacancy currently exists on the Natural Resources Advisory Board due to the resignation of JOAnn Thomas. Mayor Hutchinson and Councilmember Manvel reviewed the applications on file and are recommending Amy Dean to fill the vacancy with a term to begin immediately and set to expire on December 31, 2009. A vacancy currently exists on the Planning and Zoning Board due to the resignation of Matt Fries. Councilmembers Weitkunat and Roy reviewed the applications on file and are recommending Gino Campana to fill the vacancy with a term to begin immediately and set to expire on December 31, 2010. A vacancy currently exists on the Senior Advisory Board due to the resignation of Jim Downey. Mayor Hutchinson and Councilmember Weitkunat reviewed the applications on file and are recommending Joseph Bieker to fill the vacancy with a term to begin immediately and set to expire on December 31, 2008. 29. Routine Easement. Deed of Easement from Cottonwood Land and Farms, Ltd, to access the old CDOT Rest Area. Monetary consideration: $0. END CONSENT 30. Consent Calendar Follow-up a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 31. Staff Reports. 32. Councilmember Reports. PAGE 10 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. 33. Resolution 2007-019Rescindinl;Resolution 1998-037 Which Adopted a Prairie Dog Policy for City Natural Areas. (10 minute staff presentation - 45 minute discussion) Staff is recommending that the Prairie Dog Policy adopted by Council in 1998 be rescinded. To improve its operations with respect to all wildlife on City-owned natural areas, the Natural Areas Program has developed Wildlife Management Guidelines which, like other Natural Area management plans, are proposed to be administratively adopted. The Guidelines will help shape system-wide and site-specific wildlife management strategies that support ecosystem health,that reflect community values, and that are pragmatic and fiscally responsible. Purpose: Rescinding the Prairie Dog Policy and administratively adopting the Guidelines will: • Provide a framework to guide wildlife management decisions on City natural areas. Provide a framework for the overarching goal of managing wildlife and wildlife habitat for the objective of promoting and enhancing ecosystem health and sustainability. • Replace the City's 1998 Prairie Dog Policy for City Natural Areas, adopted by Council resolution,with new,administratively adopted guidelines forprairie dog and prairie dog habitat management(requires Council action to drop the 1998 plan). • Maintain consistency in management direction between natural areas while also providing flexibility for site-based decision making. • Provide guidance on the management of human—wildlife conflicts. Explore long-term conservation issues related to species recovery efforts at Soapstone Prairie Natural Area. • Articulate clear management guidelines for native wildlife species. Provide direction for the control of invasive species. PAGE 11 34. Items Relating to the Southeast Branch Library. (10 minute staff presentation- 30 minute discussion) A. Resolution 2007-020 Authorizing an Exemption to the Competitive Process for the City to Enter into a Contract with Bayer Properties for the Construction of the Southeast Branch Library. B. Resolution 2007-021 Authorizing an Exemption to the Competitive Process for the City to Enter into a Contract with Aller-Lingle Architects to Complete Architectural Services of the Design and Construction Phases of the Southeast Branch Library. C. First Reading of Ordinance No. 037, 2007, Appropriating Prior Year Reserves Designated for Library Improvements in the Capital Improvement Expansion Fund for Transfer to the City's Capital Projects Fund to Construct a Southeast Branch Library and the General Fund to Purchase Library Books and Materials. Resolution 2007-020 will allow the City to coordinate construction of the Southeast Branch Library at Front Range Village with Bayer Properties. Resolution 2007-021 authorizes a contract with Aller-Lingle Architects,already under a City purchasing contract,to provide comprehensive architectural services through the design and construction phases of the project. Ordinance No.037,2007,appropriates available library impact fees to pay for the design and construction of the Library and the collection. 35. Second Readine of Ordinance No 015 2007 Amending Chapter 10 of the City Code _Concerning Standards for Development in the Poudre River Floodnlain in the City of Fort Collins. Ordinance No. 015, 2007, adopted on First Reading on January 16, 2007 by a vote of 4-3 (Nays: Manvel, Ohlson, Roy) modifies the City Code to change the floodplain regulations for the Poudre River. Properties in the Poudre River floodplain in the City of Fort Collins are subject to different regulations than those located in Larimer County. City and County staffs have developed recommendations that would address most of the problems created by the different regulations. Second Reading of Ordinance No.015,2007 was postponed on February 6,2007 to February 20, 2007 by a unanimous vote. PAGE 12 36. Resolution 2007-022 Assigning a Councilmember as Liaison to the Economic Advisory Commission. Ordinance No. 020, 2007, adopted on Second Reading this same date, creates a new Economic Advisory Commission. City Council appoints a Council liaison to each board and commission. This Resolution appoints a Council liaison, to be determined by the Council, to the newly created Economic Advisory Commission. 37. Pulled Consent Items. 38. Other Business. 39. 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.