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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/17/2007 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE J ITEM NUMBER: 6 AGENDA ITEM SUMMARY DATE: April 17, 2007 FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek SUBJECT Consideration and Approval of the Minutes of the January 16,2007,February 6,2007,and February 20, 2007 Regular Meetings and the Adjourned Meeting of February 27, 2007. January 16,2007 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting- 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday,January 16,2007, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Mayor Hutchinson announced the winners of the City's clean air"Track to Win"prizes,presented the grand prize to Kim Williams, and thanked the prize donors and participants. Mayor Hutchinson stated each citizen participant would have three minutes to speak. Caryl Schonbrun, 6327 Westchase Road, requested Council adoption of a chemical sensitivity ordinance to help save her life. Robert Schonbrun, 6327 Westchase Road, supported his wife's request for a chemical sensitivity ordinance. Ed Haynes, 3331 Santa Fe Court, stated he was with a group of Boy Scouts working on citizenship and merit badges. Jim Jeffreys, 612 Marigold Lane, supported Ms. Schonbrun's request for a chemical sensitivity ordinance. Martin Carcasson, 539 Dunraven Drive, stated the CSU Center for Public Deliberation was an organization dedicated to enhancing local democracy through improved public communication and community problem solving. He invited everyone to a kick-off event and community forum on January 24 at the Lincoln Center. Vivian Armendariz, 870 Merganser Drive,Apt. 908,expressed concerns that passengers who were older than 90 had been able to ride Dial-a-Ride for free and were now required to pay to ride. She stated passengers had not been informed about this and other changes relating to fees. She expressed concern about uncleared snow at the Transfort bus stops. Nancy York, 130 South Whitcomb Street,spoke in support of a gas rationing system in the event of petroleum shortages due to the international situation and adequate funding for Dial-a-Ride to serve 138 January 16, 2007 those who were dependent on the service. She also supported adoption of a chemical sensitivity ordinance. Citizen Participation Follow-up Mayor Hutchinson thanked those who spoke during Citizen Participation. Councilmember Manvel thanked the speaker who talked about the Center for Public Deliberation. He stated the City had a process called "UniverCity Discussion" among community leaders about the future of downtown and CSU. He stated the Center for Public Deliberation's invitation to everyone in town to come to the Lincoln Center on the 24th seemed to be an expansion of that discussion. He appreciated the willingness of someone at CSU to build the public deliberative process and urged people to attend the kick-off event on the 24th. Councilmember Ohlson noted mistakes were made in the original round of letters sent out on Dial-a- Ride and asked if new letters had been mailed. He asked if the new letters had indicated the transition period for night-time service to be discontinued. This was a sensitive issue that directly impacted people's lives and communications on these issues needed to be"sensitive." City Manager Attebe stated the letters had been sent. Mark Jackson Transportation Planning Manager, stated ITS' P g clarification letters were sent out last week and indicated that night-time service would be continued through March and then until further direction was received from the City Council. A Council Work Session was scheduled for February 27 for an update on the Dial-a-Ride changes, discussion on issues such as the night-time service, an update on the new Harmony Road fixed route, and a report on the task force's efforts to find more regional and community-based solutions to help people affected by the Dial-a-Ride decisions. Councilmember Ohlson commented there were federal limitations on the City's ability to set a sliding scale of fees and rules and regulations. Jackson stated there were parameters on how the City's fees could be set and that this would be discussed at the Work Session. Councilmember Brown asked about the scheduling of the next task force meeting. Jackson stated it would be Friday at 215 North Mason Street and the meetings were open to the public. Councilmember Manvel asked that staff comment further on the new expanded fixed route on Harmony Road. Jackson stated ridership numbers were strong and additional buses were on order to serve the Timberline and Prospect corridors. Councilmember Weitkunat asked if Council wanted to move forward on crafting a chemical sensitivity ordinance. This would involve an incredible amount of Council time and legal work. n polled the Council on whether there was Council interest in bring a chemical Mayor Hutchinson o ed Co b g P sensitivity ordinance forward. Councilmember Kastein suggested discussing the options regarding a chemical sensitivity ordinance under Other Business. 139 January 16, 2007 Mayor Hutchinson asked for an indication of how the Council wanted to proceed and noted the consensus was to discuss options regarding a chemical sensitivity ordinance under Other Business. Councilmember Kastein stated Dial-a-Ride fees were definitely not being set to"keep people away from Dial-a-Ride." The fee was set to try to recover some of the costs of Dial-a-Ride. Councilmember Roy stated under Other Business he would support looking at the options regarding a chemical sensitivity ordinance. He thanked those who continued to bring forward issues relating to the"unintended consequences"of the Dial-a-Ride changes. Agenda Review City Manager Atteber y stated item #18 First Reading of Ordinance No. 010, 2007, Authorizing Acquisition By Eminent Domain Proceedings Of Certain Flood Plain Easements Necessary To Construct The Fossil Creek Drainage Project would be removed from this agenda and rescheduled to February 6,2007 and that item#32 First Reading of Ordinance No. 018, 2007,Amending Certain Provisions of the City Code Pertaining to Signs in the Right-of-Way had a revised Ordinance to clarify notice requirements before removal and disposal of signs. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the October 3, 2006 Regular Meeting. 7. Second Reading of Ordinance No.205,2006,Authorizing the Lease of City-owned Property at 424 Pine Street for up to Twenty Years. United Way of Larimer County has held a ground lease on City-owned property, located at 424 Pine Street, since 1985. This Ordinance, unanimously adopted on First Reading on December 19, 2006, renews the lease for up to twenty years. 8. Second Reading of Ordinance No. 206, 2006, Amending Chapter 10, Article II of the City Code to Update References to the Federal Emergency Management Agency Flood Insurance Study and Flood Insurance Rate Man. The Federal Emergency Management Agency (FEMA) has prepared a revised Larimer County Flood Insurance Study(FIS) and Flood Insurance Rate Maps that become effective December 19, 2006. FEMA has requested that the County, and each incorporated community,revise ordinances to reflect the new effective date. This Ordinance,unanimously adopted on First Reading on December 19,2006,revises Chapter 10-19(a)of the City Code to reflect the new effective date. It also revises the definition of Flood Insurance Study to correct an outdated reference to the mapping prepared by FEMA as part of the Study. 140 January 16, 2007 9. Second Reading of Ordinance No. 207, 2006, Amending Section 2-575 of the City Code Relating to Councilmember Compensation. Article II, Section 3 of the City Charter provides that the compensation of Councilmembers shall be adjusted annually for inflation in accordance with the Denver/Boulder Consumer Price Index. In 2006, Councilmembers were compensated $606 per month, and the Mayor received $912 per month. This Ordinance, unanimously adopted on First Reading on December 19, 2006, amends Section 2-575 of the City Code to set the 2007 compensation of Councilmembers at $630 and the compensation of the Mayor at $945, as required by the City Charter. 10. Postponement of Items Relating to the Adoption of the Northwest Subarea Plan to February 6, 2007. A. Postponement of Second Reading of Ordinance No. 208,2006,Amending Division 4.24 of the Land Use Code. B. Postponement of Second Reading of Ordinance No.209,2006,Amending the City's Zoning Map and Classifying for Zoning Purposes the Property known as the Northwest Subarea Plan Rezoning. The Northwest Subarea Plan was initiated in 2005 in response to City Plan (2004), which identified the Northwest Area as a priority for future subarea planning. It provides a more specific vision and policy framework for neighborhoods,commercial areas,open spaces and undeveloped land. The primary objective is to tailor City Plan principles to the specific circumstances of this area. The Northwest Subarea Plan was adopted on December 19,2006 by Resolution 2006-120. This postponement is requested to allow for publication of the rezoning notice due to legal description errors that have been discovered. The Hearing and Second Reading of both Ordinances will be held on February 6, 2007. 11. First Reading of Ordinance No. 001, 2007, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. The Fort Collins Police Services Victim Services Team has been awarded a 12-month grant in the amount of$36,850 for the period from January 1, 2007 through December 31,2007, by the Eighth Judicial District Victims Assistance and Law Enforcement(V.A.L.E.)Board to help fund services provided by this team. These funds will be used for a part-time paid victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These funds will also pay for some of the operational expenses needed to provide 24 hours a day,7 days a week services to victims of crime in our community. 141 January 16, 2007 12. First Reading of Ordinance No.002,2007,Appropriating$250,000 from the Transportation Fund Reserves into the Mason Corridor Project Budget. This Ordinance appropriates the necessary funding into the Project budget to complete the Preliminary Engineering and Environmental Assessment (PE/EA) work for the Mason Corridor Project. This work is necessary to advance the City's funding request for the Mason Corridor Project with the Federal Transit Administration. The request is consistent with the Resolution approved by City Council on November 21,2006,regarding the Mason Corridor PE/EA contract with the consulting firm of Felsburg Holt &Ullevig. 13. First Readine of Ordinance No. 003, 2007, Amending Section 2-656 of the City Code Relating to the Reporting of Gifts, Honoraria and Other Benefits. This Ordinance amends Section 2-656 of the City Code relating to the report of gifts, honoraria and other benefits, to conform to the state statute requirement for quarterly reporting. 14. First Reading of Ordinance No. 004, 2007, Amending Chapter 23 of the City Code by Chang Certain References therein From "Public"Property to "City"Property. Chapter 23 of the City Code contains many references to "public" property. The tern "public" is, in some instances, subject to an interpretation that is too broad for lawful application because it might imply that the City has the power and jurisdiction to regulate property owned by the United States or the State of Colorado or other public entities which may be outside of the jurisdiction of the City. Therefore, staff is recommending that the Council change certain references in Chapter 23 so that the language will read "City" property rather than "public"property. 15. First Reading of Ordinance No. 005,2007,Amendin2 Chapter 2.Article V.Division 3 of the City Code Pertaining to City Service Areas. Following a detailed analysis and review,the City Manager has decided to implement some changes to the City's internal organizational structure. These changes impact some of the existing service areas and result in a new reporting structure, which necessitates updates to related provisions of the City Code. 16. Items Pertaining to the Plank PLD &PD Annexation and Zoning. A. Resolution 2007-001 SettingForth Findings of Fact and Determinations Regarding g g g the Plank PLD &PD Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 006, 2007, Annexing Property known as the Plank PLD & PD Annexation. 142 January 16, 2007 C. Hearing and First Reading of Ordinance No. 007, 2007, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Plank PLD &PD Annexation. This is a request to annex and zone 17.35 acres located at the southeast corner of Kechter Road and Ziegler Road. The property is developed as a single-family residence with outbuildings and is in the FA-1 Farming District in Larimer County.The area to be annexed is the entirety of an enclaved property that has been surrounded by the City of Fort Collins for more than three (3) years. The requested zoning for this annexation is LMN - Low Density Mixed-Use Neighborhood. 17. Items pertaining to the Liberty Farms Annexation and Zoning. A. Resolution 2007-002 Setting Forth Findings of Fact and Determinations Regarding the Liberty Farms Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 008, 2007,Annexing Property Known as the Liberty Farms Annexation. C. Hearing and First Reading of Ordinance No. 009,2007,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Liberty Farms Annexation to the City. This is a request to annex and zone 22.32 acres located on the east side of North Timberline Road at the Larimer&Weld Canal,approximately 1/4 to 1/3 mile north of East Vine Drive. The property contains two (2) existing single-family residences and agricultural land. It is in the FAl -Farming District in Larimer County. The requested zoning for this annexation is LMN - Low Density Mixed-Use Neighborhood. 18. First Reading of Ordinance No. 010, 2007, Authorizing Acquisition By Eminent Domain Proceedings Of Certain Flood Plain Easements Necessary To Construct 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. The collateral effect of these new culverts through the railroad embankment will cause an increased 1 - e se ceased 00 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 to obtain a settlement by mutual agreement. An eminent domain authorization is proposed for consideration by the Council in case no agreement can be reached regarding the acquisition of these two (2) 100-year flood plain easements from the landowners. 143 January 16, 2007 19. First Reading of Ordinance No. 011. 2007, Authorizing the Conveyance of Certain Small Tracts of Land in the Pineridge Natural Area Located Within the Burns Ranch at Ouail Ridge Subdivision from the City of Fort Collins to Burns Ranch Open Space Non-Profit Corporation. Natural Resources staff is requesting authorization to convey certain small tracts of land in the Pineridge Natural Area located within the Burns Ranch at Quail Ridge Subdivision to Bums Ranch Open Space Non-Profit Corporation, formed for the purpose of owning and maintaining the property to be conveyed in order to save the City costs associated with the maintenance of these areas. 20. First Reading of OrdinanceNo.012.2007.Authorizingthe Conveyance ofaPermanentNon- Exclusive Easement Over a Portion of the Eagle View Natural Area for Inundation by a Reservoir. John Jensen has requested a reservoir inundation easement over a portion of the Eagle View Natural Area. In order to augment an adjacent reservoir he owns, he will need this permission from the City for the possible inundation of an area of City property not to exceed 7,209 square feet at the proposed high water mark for the reservoir. The proposed area of inundation is located in a naturally depressed wetland area and will not require improvement,construction or re-grading to accommodate the inundation. The initial impact to existing wetlands is expected to be minimal and no long term negative impacts are expected. In fact,the project is likely to facilitate the expansion of existing wetlands due to the increased inundated area. Due to the small size of the water inundation area(less than one acre), the Army Corps of Engineers will not require an individual permit for the inundation. The adjacent reservoir is to be used for water storage and will provide habitat for water fowl; no motorized recreation will take place on the reservoir. Due to the benign impact of the request,and the possible positive benefits(increased wetland habitat and open water for water fowl), staff recommends this easement be granted. 21. First Reading of Ordinance No. 013, 2007, Authorizing the Conveyance of a Permanent Ditch Easement on Arapaho Bend Natural Area for Box Elder Ditch Lateral in Exchange for Vacation of Existing Prescriptive Rights. Flatiron Companies ("Flatiron") owns land on the east side of 1-25, across from Arapaho Bend Natural Area. Historically,the land was farmed and irrigated via the Box Elder Ditch Lateral,which runs across Arapaho Bend. Flatiron mined gravel on the site and restored the site to a water storage reservoir many years prior to the City's acquisition of Arapaho Bend. Flatiron plans to fill the reservoir using the Box Elder Ditch Lateral. Although Flatiron has a prescriptive easement for the ditch lateral across Arapaho Bend, Flatiron has requested a permanent 60-foot wide easement that can be documented and conveyed to the future owners 144 January 16, 2007 of the storage reservoir—New Cache la Poudre Ditch Company("New Cache"). New Cache will reconstruct and improve the existing ditch within the easement, and restore the area disturbed, according to the conditions agreed to in the new easement. 22. First Reading of Ordinance No. 014 2007, Designating.the David B. Lesher House, 1204 West Oak Street as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, Don V. Bath and Maureen Somervell-Bath, are initiating this request for Fort Collins Landmark designation for the property. The David B.Lesher House qualifies for Landmark designation under Standard 2, for its association with noted Fort Collins educator and Superintendent of Schools, Dr. David B. Lesher. While living in the home, Dr. Lesher served as superintendent of Larimer County School District 5,beginning in 1944, and later became the first superintendent for the Poudre R-1 School District, in 1960. In that same year Lesher Junior High School was opened in his honor. Additionally, the property qualifies for Landmark designation under Standard 3, for its architectural significance to Fort Collins as a very nice example of Craftsman architecture. 23. Resolution 2007-003 Stating the Intent of the City of Fort Collins to Annex Certain Pronertv and Initiating Annexation Proceedings for Such Propertyto be Known as the Weiner Enclave Annexation. The area to be annexed is the entirety of an enclave that has been surrounded by the City of Fort Collins for more than three years; therefore,no annexation petition is required for this annexation. There are two properties(5117 Ziegler Road and 5305 Ziegler Road),totaling 7.55 acres in size,that are located on the west side of Ziegler Road,between Kechter Road(to the south) and Rock Creek Drive(to the north). Fossil Ridge High School is directly to the east, across Ziegler Road. They are currently properties that are developed as single-family residences with several outbuildings.The property at 5117 Ziegler Road contains a livestock feedlot 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 proposed zoning for this annexation is LMN - Low Density Mixed-Use Neighborhood. The surrounding properties are zoned LMN - Low Density Mixed-Use Neighborhood to the north, east, west, and south. The proposed Resolution makes a finding that the annexation complies with the Municipal Annexation Act for annexation of an enclave, states the Council's intent to annex the Enclave,initiates the annexation,and directs that notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on February 20, 2007. Not less than thirty days of prior notice is required by State law. 145 January 16, 2007 24. Resolution 2007 004 Fixing the Ballot Language for Voter Consideration of Referred Ordinance No 137 2006 Annexing Property Known as the Southwest Enclave Annexation. On November 9,2006, a referendum petition was filed with the City Clerk's Office seeking to repeal Ordinance No. 137, 2006, Annexing Property Known as the Southwest Enclave Annexation to the City of Fort Collins, Colorado. On December 15, the City Clerk determined that the petition contained a sufficient number of valid signatures. The petition was certified to the City Council on December 19, and the Council adopted Resolution 2006-132 Referring Ordinance No. 137,2006,Annexing Property Known as the Southwest Enclave Annexation,to a Vote of the Registered Electors of the City at the Next Regular Municipal Election on April 3, 2007. Resolution 2006-132 directed the City Manager and City Attorney to present for Council's consideration no later than February 6, 2007, a resolution proposing the form of the ballot language for the foregoing referred measure. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 7. Second Reading of Ordinance No.205,2006,Authorizing the Lease of City-owned Property at 424 Pine Street for up to Twenty Years. 8. Second Reading of Ordinance No. 206, 2006, Amending Chapter 10, Article I1 of the City Code to Update References to the Federal Emergency Management Agency Flood Insurance Study and Flood Insurance Rate Map. 9. Second Reading of Ordinance No. 207, 2006, Amending Section 2-575 of the City Code Relating to Councilmember Compensation. 31. Second Reading of Ordinance No. 210, 2006, Amending Various Provisions of the City Code Pertaining to Unattended Displays on City Property. Ordinances on First Reading were read by title by City Clerk Krajicek. 11. First Reading of Ordinance No. 001, 2007, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. 12. First Reading of Ordinance No.002,2007,Appropriating$250,000 from the Transportation Fund Reserves into the Mason Corridor Project Budget. 13. First Reading of Ordinance No. 003, 2007, Amending Section 2-656 of the City Code Relating to the Reporting of Gifts, Honoraria and Other Benefits. 14. First Reading of Ordinance No. 004, 2007, Amending Chapter 23 of the City Code by 146 January 16, 2007 Changing Certain References therein From"Public' Property to "City" Property. 15. First Reading of Ordinance No.005,2007,Amending Chapter 2,Article V,Division 3 of the City Code Pertaining to City Service Areas. 16. Items Pertaining to the Plank PLD & PD Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 006, 2007, Annexing Property known as the Plank PLD &PD Annexation. C. Hearing and First Reading of Ordinance No. 007, 2007, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Plank PLD &PD Annexation. 17. Items pertaining to the Liberty Farms Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 008, 2007,Annexing Property Known as the Liberty Farms Annexation. C. Hearing and First Reading of Ordinance No. 009, 2007,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Liberty Farms Annexation to the City. 19. First Reading of Ordinance No. 011, 2007, Authorizing the Conveyance of Certain Small Tracts of Land in the Pineridge Natural Area Located Within the Bums Ranch at Quail Ridge Subdivision from the City of Fort Collins to Burns Ranch Open Space Non-Profit Corporation. 20. First Reading of Ordinance No.012,2007,Authorizing the Conveyance of a Permanent Non- Exclusive Easement Over a Portion of the Eagle View Natural Area for Inundation by a Reservoir. 21. First Reading of Ordinance No. 013, 2007, Authorizing the Conveyance of a Permanent Ditch Easement on Arapaho Bend Natural Area for Box Elder Ditch Lateral in Exchange for Vacation of Existing Prescriptive Rights. 22. First Reading of Ordinance No. 014, 2007, Designating the David B. Lesher House, 1204 West Oak Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 28. First Reading of Ordinance No. 015, 2007, Amending Chapter 10 of the City Code Concerning Standards for Development in the Poudre River Floodplain in the City of Fort Collins. 147 January 16, 2007 29. Items Relating to the Issuance of City of Fort Collins Downtown Development Authority Subordinate Tax Increment Revenue Bonds, Series 2007A. A. First Reading of Ordinance No. 016,2007, Authorizing the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2007A, Dated Their Delivery Date, in the Maximum Aggregate Principal Amount of$5,700,000 for the Purpose of Financing Certain Capital Improvements, Capital Projects and Development Projects Within the Downtown Development Authority Area;and Providing for the Pledge of Certain Incremental Ad Valorem Tax Revenues to Pay the Principal of and Interest on the Bonds; Approving Documents in Connection Therewith; and Ratifying Action Previously Taken and Appertaining Thereto. B. First Reading of Ordinance No.017,2007,Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2007A, for the Purpose of Making Certain Capital Improvements, Capital Projects and Development Projects Within the Downtown Area of Fort Collins, Authorizing the Transfer of Appropriations Between Funds and Appropriating Expenditures from the DDA Debt Service Fund to Make the 2007 Payment on the Bonds 32. First Reading of Ordinance No. 018, 2007, Amending Certain Provisions of the City Code Pertaining to Signs in the Right-of-Way. Councilmember Weitkunat made a motion, seconded by Councilmember Brown, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Kastein commented regarding item#12 First Reading of Ordinance No. 002, 2007, Appropriating$250,000 from the Transportation Fund Reserves into the Mason Corridor Project Budget. He noted the minutes of the retreat discussion on the Mason Corridor Project indicated the Council supported the direction to move ahead and he believed the Council wanted to find out more about the status of the corridor and wanted discussions with those who had concerns about the corridor. Any money received was not "free money" and the City would have to find money for O&M in future years. He would like to hear more about the funding need for O&M in the next few months. City Manager Atteberry asked if Councilmember Kastein wanted to see this as a work session item prior to the April election. Councilmember Kastein stated he would like to see this discussion on the planning calendar on the "horizon." City Manager Atteberry stated this could be scheduled as a work session item. 148 January 16, 2007 Councilmember Kastein suggested the Leadership Team discuss scheduling of that item on the planning calendar. Staff Reports City Manager Atteberry reported New Belgium Brewing Company was recently listed by USA Today as one of the top 10 small brewery tours in the country. He publically thanked the Street Department and City departments working on snow removal issues. Mark Jackson, Interim Transportation Director, and Larry Schneider, Streets Superintendent, reported in detail and showed photos relating to the multi-departmental snow removal efforts for the major back-to-back snowstorms that brought accumulations of23 1/2 inches of snow(December 20) and 10 inches of snow (December 28). Mayor Hutchinson thanked the staff for the hard work in this "unprecedented" snow emergency. Councilmember Brown commented staff did a"fantastic job"of snow removal and there was a spirit of community with neighbors helping each other. Mayor Hutchinson commented the City budget was not a factor in decisions on snow removal and all available resources were used. City Manager Atteberry stated staff would present "Annexation 101" information. Greg Byme, CPES Director,presented an update on annexations, their significance in the future of Fort Collins and their relationship to land use planning with Larimer County via the Growth Management Area intergovernmental agreement. He outlined the pros and cons of annexations and presented examples of annexations for different purposes. He stated annexation was a tool for the City to achieve its long range land use, planning, environmental, transportation, and financial objectives. City Manager Atteberry reported Greg Byrne was leaving the City for a position in the Pacific Northwest and thanked him for his service to the City. Mayor Hutchinson commented Greg Byrne was a"super professional"member of the City staff and thanked him for his service to the City organization and the community. Councilmember Weitkunat commented annexations were usually a non-controversial part of the City's business on a regular basis. She thanked Greg Byrne for his ability to condense complex information into an understandable form. Councilmember Reports Councilmember Weitkunat reported on the Library Board of Trustees appointment process. Mayor Hutchinson reported on Finance Committee discussions relating to "market standard" employee benefits. 149 January 16, 2007 Ordinance No. 015,2007, Amending Chapter 10 of the City Code Concerning Standards for Development in the Poudre River Floodplain in the City of Fort Collins.Adopted on First Reading. The following is staff s memorandum on this item. "FINANCIAL IMPACT Adoption of the Ordinance will have no impact on the City budget or the amount offlood insurance premiums paid by citizens. EXECUTIVE SUMMARY The Ordinance modifies 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. Public outreach was performed during the formulation of the regulation changes which included notices to owners of properties in the Floodplain in both the City and the County about an open house,presentations to special interestgroups, review by City and County boards and commissions and information posted on the City's web page. City Council discussed this item at its December 12, 2006 work session. BACKGROUND Floodplain regulations were first adopted in the City in the mid 1970's for the Poudre River. The City of Fort Collins entered the National Flood Insurance Program in 1979 with the adoption of floodplain regulations for the Poudre River, Spring Creek, and Dry Creek basins. Undeveloped properties located in a Floodplain can develop as long as they comply with the floodplain regulations. Properties in the Poudre River floodplain in the City of Fort Collins are subject to different regulations than those located in Larimer County. This creates numerous problems during development and annexation processes. The approved East Mulberry Corridor Plan directed City and County staffs to review the Poudre River floodplain regulations to make them as consistent as possible. Floodplain Maps and Property Statistics A map of the Poudre River floodplain within the City's Growth Management Area is Attachment 1. The 100 year 0.5 foot floodway (areas ofgreatest risk with high depths and velocities)are shown in dark blue. The 0.1 foot floodway is shown in the yellow outside of the 0.5 foot floodway. The Product Corridor is delineated by a red line. The 100 year flood fringe is shown in light blue. The 150 January 16, 2007 moderate risk areas, shown in green, are either the existing Federal Emergency Management Agency(TEAM)500 yearfloodplains or areas ofsheetf ow in the 100 yearfloodplain with less than 1-foot of depth. Attachment 2 shows this same information with properties in public ownership highlighted. Attachment 3 is a table showing a detailed summary of the areas in the floodplain comparingprivate and public ownership and the various floodway configurations. The table and maps illustrate that there is a great deal ofpublic land in the floodplain and the regulation changes affect a relatively small amount of developable land. By preserving this large amount of land through public open space, Fort Collins has provided a high level offlood protection because of the limited amount of development subject to flooding. Proposed Floodplain Regulation Changes Staffs from both the City and County compared their respective regulations. There were eight areas of disagreement between the City and County regulations identified as a part of this project. Keeping in mind there are some areas where both the City would become less restrictive and the County would become more restrictive, the recommended changes include five areas where the City's regulations would become less restrictive,four areas where the County's regulations would become more restrictive, and one area where City and County staffs could not reach agreement, resulting in an ongoing difference in regulation. Attachment 4 is a summary table listing the proposed changes for both the City and County. These recommendations represent a negotiated compromise while still balancing risk with regulation. The importance ofprotecting and enhancing the natural features and functions of the river were also considered. Attachment 5, "Proposed Floodplain Regulations for the Poudre River Quick Guide" was prepared to help illustrate the proposed regulations. Ofthe five areas where City staffis recommending City regulations be made less restrictive, two are proposed to be totally eliminated because they do not balance risk with regulation and are ineffective or are technically difficult to administer. Details of the proposed changes and the sections of City Code to be modified are as follows. Changes to Align City-County Regulations Floodwav Definition Current City Code defines the floodway for the Poudre River as arise of 0.1 foot. The current Countyfloodway rise definition is 0.5 foot. The current official FEMAfloodway is based on a 1 foot rise definition. It is proposed the City would change its floodway to the County's 0.5 foot rise definition. • Section 10-16 Definitions—Floodway 151 January 16, 2007 Floodway Modification Current City Code states that only the City can modify the floodway for public infrastructure or publicly owned recreation facilities as long as there is a no-rise condition, channel stability is maintained and the natural environment along the river is either protected or enhanced. Current County regulations state that floodway modification is allowed by both the public and private sectors as long as the no-rise criterion is met. It is proposed the County would add the channel stability and environmental considerations criteria. The City would not change its criteria except to allow floodway modification by both public and private entities. • Section 10-27(d)(5) Stability analysis • Section 10-45 Floodway modification Section 10-71(8) Floodway modification • Section 10-72(2,3,4 and 5)Fill • Section 10-80(a)(1)LOMR/PMR Critical Facilities in the 100-year Flood plain Critical facilities are made up of three categories: life safety, emergency response and hazardous materials. The County does not have regulations pertaining to criticalfacilities in the 100 year floodplain. The City has regulations prohibiting criticalfacilities in the 100 year floodplain. It is proposed the County add the provision that life safety and emergency response criticalfacilities not be allowed in the 100 year floodplain. However, City and County staff have not reached an agreement on the hazardous materials criteria. City staff believes that it should be included and County staff is hesitant to include the provision due to the anticipated large number ofparcels with hazardous materials in the Airpark area. At the work session some members of Council encouraged the County to adopt the City standard for hazardous materials. City staffrecommends the City Code not be changed regarding this issue. The result may be that City and County regulations do not agree on this issue. Critical Facilities in the 500-Year Floodplain Current City Code does not allow criticalfacilities, including life safety, emergency response, and hazardous materials facilities in the 500 year floodplain. The County does not regulate critical facilities in the 500 yearfloodplain. The County would begin regulating life safety and emergency response criticalfacilities in the 500 yearfloodplain. The City would continue to regulate life safety and emergency response criticalfacilities but would allow hazardous material criticalfacilities in the 500 year floodplain. • Section 10-81 Specific standardsforPoudreRiverfive-hundred yearfloodplain and zone X shaded areas 152 January 16, 2007 Freeboard Level The currentfreeboard requirement in the County is 18-inches. The City's requirement is 24-inches. It is proposed the County will change the freeboard requirement to 24-inches consistent with the City's. Letter of Map Revision (LOMR)-Fill Requirements Currently FEMA requires local governments to sign off on LOMR-Fill applications stating that structures are safe from flooding when structures are removed from theFoodplain through the LOMR-Fill process. Currently the City has a provision requiring that structures must be elevated 24-inches above the flood elevation and not allowing critical facilities in LOMR-Fill areas. The County currently doesn't have these provisions. It is proposed the County would add the 24-inch freeboard and the no new critical facilities criteria in LOMR-Fill areas. Changes to Balance Risk with Regulation and Remove Ineffective Provisions (Also Aligns City-County Regulations) Product Corridor Current City Code defines the Product Corridor using 500 year discharges as an area when the velocity times the depth is six. No encroachment and no variances are allowed in the Product Corridor. Staffhas found this regulation to be excessive,not allowingfor special circumstances and technically impractical to administer due to difficulty in making accurate determinations. The product corridor is also a redundant layer of regulation, since the area in the 500 year product corridor is substantially the same as the 100 year floodway. Currently the County does not have a product corridor regulation. It is proposed the City would remove from the Code the provisions or references pertaining to the Product Corridor. • Section 10-16 Definitions -Product Corridor • Section 10-16 Definitions—Floodway modification • Section 10-19 Flood hazard area designation • Section 10-27(a)Floodplain use permit • Section 10-27(c)(3)Floodplain use permit • Section 10-27(d)(3)Floodplain use permit • Section 10-2969 Conditions for variances Section 10-42(a) Specific standards for recreational vehicles • Section 10-45 Floodway evaluations • Section 10-45(b)Floodway evaluations • Section 10-71 Specific standards for development in Poudre River floodway Section 10-71(8)Floodway modification • Section 10-72 Specific standards for nonstructural development in Poudre River floodway • Section 10-72(4)Fill • Section 10-73 Floodway encroachments in Poudre River floodway 153 January 16, 2007 • Section 10-74 Change of use in Poudre River floodway • Section 10-201 Designation of erosion buffer zones Dryland Access Current City Code states that new development must have dry access to any new structure. Staff has found that often times offsite roads leading to a property are under water making the requirement irrelevant and variances are often granted. Current County regulations do not have a dryland access regulation. It is proposed that the City remove from the Code the provisions or references pertaining to the dryland access. • Section 10-16 Definitions—Dryland access • Section 10-71(10)Dryland access • Section 10-75(9)Dryland access • Section 10-76(9)Dryland access • Section 10-77(9)Dryland access • Section 10-80(a)(2)LOMR-F Housekeeping Changes There are some minor "housekeeping" items that are included in the proposed changes. These changes are needed to make the context ofthe Code language consistent throughout. The definition for redevelopment was changed to make it consistent with the definition that applies to other floodplains citywide. The LOMR-Fill section was reworded to make it consistent as well. Changes to the code have also been made to include reference to FEMA's Physical Map Revision (PMR) process. Community Rating System and Flood Insurance Considerations All structures in Fort Collins are eligible for flood insurance regardless ofwhether they are located in a floodplain or not. The cost offlood insurance depends on many variables including amount of coverage, deductibles, type ofstructure, and how high the structure is elevated above the flood level. The FEMA Community Rating System (CRS) is a voluntary incentive program that encourages communities to go beyond FEMA minimum requirements for floodplain management. Based on a rating of numerous stormwater management activities (public outreach, higher regulatory standards, drainage system maintenance,flood warning,preservation of open space, etc)residents and businesses of a community receive a discount on their flood insurance premiums. The City of Fort Collins currently has one of the highest CRS ratings in the nation,providing our customers with a 30% discount on flood insurance premiums. It is anticipated the changes included in the Ordinance would notchange the City's CRSrating. None oftheproposed changes are below FEMA minimum standards. 154 January 16, 2007 Public Outreach A variety of communication tools such as f oodplain property owner customer notices, information on the City's web page, a press release, public meetings and open houses, and outreach to both internal and external groups potentially affected were used. Presentations were made to four City Boards and Commissions and to City Council at a work session to solicit comments and recommendations. A joint City and County open house was held to solicit comments from thepublic on the proposed changes. Meetings were also held with the Mulberry Corridor Owner's Association and the Chamber's Local Legislative Affairs Committee. The County held meetings with County boards and commissions as well. The City of Fort Collins Following is a summary of discussion of the various boards and commissions. Excerpts of the minutes from the Water Board, Land Conservation and Stewardship Board and Natural Resources Advisory Board are included as Attachment 6. There are no minutes available from the Planning and Zoning Board because they discussed this item at a study session. The Water Board formally passed a motion (7-2) in support of the proposed changes with Alternative 2, to not allow hazardous materials critical facilities in the 100 year floodplain. Two members did not support the motion because they felt the City shouldn't lower any of its regulations for the Poudre River. The Planning and Zoning Board discussed this item at a study session and it was the consensus of the members present to support the proposed changes with Alternative 2, to not allow hazardous materials critical facilities in the 100 year floodplain. One member did not voice their opinion because they felt they did not have enough information to express an opinion. The Land Conservation and Stewardship Board did not act on the proposed changes as a whole. Theysupported staff's minimum recommendation to remove the product corridor and dryland access regulations. They also supported staff's proposal to add stability and environmental factors to the County's f oodway modification regulations.Finally, they recommended Council adopt Alternative 2, to not allow hazardous material critical facilities in the 100 year(oodplain. The Board did not take action on the other staff recommendations because they felt it was not under their area of expertise to offer a recommendation. The Natural Resources Advisory Board discussed this item at two of its meetings and formally passed a motion unanimously in support of Alternative 2, the regulation of hazardous materials in the 100 year(oodplain due to concerns about the environmental impacts of hazardous materials in food waters. The Board chose not to take a position on the other recommended changes. On December 12, 2006 City Council held a work session on the proposed regulation revisions (see Attachment 7). The following key discussion points were raised: • Development of the recommended changes was done in the spirit of compromise of trying to bring the City and County regulations closer together. 155 January 16, 2007 • The approach to balancing risk with regulation for the foodplain regulations seemed reasonable to protect people and property, however, it was also pointed out that foodplain regulations also protect the natural beneficial functions of the river. • The proposed changes will allow more lands to develop along the river corridor, but will also have some environmental benefits in enhancing the river corridor as well. • One member of Council raised a concern the City was going lower to the County level, when the County should be going to the City's level offoodplain regulation. • A majority of the Council supported the staff recommendation; however, concerns were expressed regarding the elimination of the product corridor regulations and going from a 0.1 foot floodway to a 0.5 foot foodway. Larimer County The Board of County Commissioners and County Planning Commission held a work session on November 8, 2006 to discuss the proposed changes. County staff presented history and salient points of the proposed changes to the foodplain regulations. Clarification was made that on a lot with an existing structure, any new structure would need to be 24-inches above the f ood elevation or an increase of 6-inches over the current regulations. The question was raised if the proposed requirements for foodway modification would prevent "channelization" or narrowing of the foodway and staff responded that the language regarding stability was intended to do just that, although additional language might be appropriate. The comment was made given the degree of effort that has been expended by staff they would like to see the effort move forward in a timely manner if possible. The County Planning Commission is scheduled to consider this item on January 17, 2007. The Board of County Commissioners is scheduled to consider this item on January 22, 2007. Any adjustments to the City's proposed changes resulting from the County Commissioner's action on January 22, 2007 will be made between the City's First and Second Reading. Other Outreach A joint open house for both the City and County was held on November 14th at the Lincoln Center. Approximately 3,500 notices were mailed to city and countyproperty owners in the foodplain along with a press release in the newspaper advertising the open house. Approximately 55 property owners attended the open house. At the open house comment sheets were available to solicit comments from those attending the open house. Three comment sheets were returned requesting copies of the open house materials and one stated more monies should be directed toward flood control projects. One citizen stated verbally that the regulations on foatable material should be less restrictive. Other verbal comments received by staff were overall in favor of the proposed changes. On December 12, 2006 City and County staff presented the proposed revisions to the Mulberry Corridor Owner's Association. Afew clarification questions were raised and no adverse comments were received. 156 January 16, 2007 On December 1, 2006 City staff presented the proposed revisions to the Chamber of Commerce Local Legislative Affairs Committee. During the discussion questions were answered clarifying the proposed changes with comments overall in favor of the recommendations. " Bob Smith,Water Planning and Development Manager,stated the proposed change was in response to the adoption of the East Mulberry Corridor Plan. The Plan identified a need to make the City and County floodplain regulations more similar. Projects that would be allowed in the County would not be allowed in the City under the current regulations. City and County staff had developed a compromise proposal that would balance risk and regulation. The proposal related to the Poudre River floodplain in the Growth Management Area from Taft Hill Road to I-25. The proposed changes were as follows: the City would change to a half-foot floodway;private and public entities would both be allowed to modify the floodway as long as certain criteria were met; the City's product corridor criterion would be eliminated; the County's freeboard requirement would change to 24 inches to match the City's requirement; the City's dryland access requirement would be eliminated; the City's critical facilities requirements for life safety, emergency response and hazardous materials in the 100-year floodplain would remain unchanged and the Countywould have requirements for life safety and emergency response and not hazardous materials;the City would no longer regulate hazardous materials in the 500-year floodplain but would continue to regulate life safety and emergency response facilities and the County would add a provision to regulate life safety and emergency response facilities in the 500-year floodplain; the County's regulations for LOMR Fills would match the City's requirements;and both the City and County regulations would continue to allow for variances while the City Code would not allow variances in the product corridor. Staffs "minimum" recommendation was to eliminate the product corridor and the dryland access requirements. There had been substantial outreach to City and County boards and commissions,the public and special interest groups. The feedback had been generally supportive of the proposed changes. City Council was considering this item at this time and the County Commissioners would consider it next week. Second Reading of the ordinance would be in February. Mayor Hutchinson stated each audience participant would have five minutes to speak. Ravindra M. Srivastava, General Manager Boxelder Sanitation District, commented that good intentions were driving the changes. Boxelder Sanitation District provided sewer service to east Fort Collins and had a plant at the confluence of Boxelder Creek and the Poudre River. His concern was that the proposed regulations were"excessively stringent"and would prevent property owners from altering their properties. The regulations were not really necessary because the national floodplain standards already offered protection and were"more than adequate"in the area outside of the City's GMA. If adopted,the regulations should be based on recent maps. The maps being used were based on surveys done in the 1970s. He urged the Council to grant an exemption from these "onerous regulations" for Boxelder Sanitation District's treatment plant site and to adopt regulations based on maps reflecting today's reality. The River dynamics, mining and development had changed topography in the last 30 years. Lori Brunswig, 1901 Ridgewood Road, spoke in opposition to the proposed changes that would allow developers to build further into the flood fringe and floodway and modify the Poudre River by filling the banks and digging the River down in order to show no rise in the level of the River. She questioned whether adoption of the ordinance would result in increased stormwater utility fees 157 January 16, 2007 and whether County taxes would be increased. The ordinance should be "broken down into individual pieces" to allow separate consideration of the complicated issues. She suggested postponement to allow more time for people to research the changes. Councilmember Manvel asked if a national standard afforded the protection claimed by Mr. Srivastava. Smith stated FEMA had minimum standards that did not have requirements relating to critical facilities. The ordinance would prohibit a brand new facility on vacant ground or expansion of existing facilities. There was a variance process to address changes to the facility and the treatment facility was a critical facility that needed special review and consideration. Councilmember Manvel asked if the issue was the chemicals and sewage at the treatment plant and if this meant an exemption or grandfathering would not make sense for an expansion. Smith replied in the affirmative. Councilmember Weitkunat asked if the City's treatment facilities were on the Poudre River and if this meant the City had the same problem as Boxelder regarding upgrades, changes or expansions. Jim Hibbard, Water Engineering/Field Service Manager, stated the regulations would apply to the City's critical facilities as they would to any other public entity. The City had made provisions to take the Drake Road treatment facility out of the 100-year floodplain and protect it in the event of a 100-year flood. Provisions had been made for floodproofing some of the structures at the Mulberry Street treatment facility to allow the operation to be maintained and to prevent the release of any hazardous materials in a 100-year flood. Such work should be done at the Boxelder treatment facility or any other new critical facility. The extra level of review for such facilities was in the best interest of the City. Councilmember Weitkunat asked for confirmation that the ordinance would not prohibit the continuation of the facility or changes to the facility. Hibbard stated a variance would be required to allow such a facility to be changed. Marsha Hilmes-Robinson, Civil Engineer, stated existing facilities would be allowed to remain"as is"without a variance or review process. This regulation had been in the City Code since 1995. City Manager Atteberry asked if the conditions of the variance could be so "onerous"that it would prohibit facility expansion. Holmes-Robinson stated the Boxelder plant was, for the most part, outside of the product corridor. There could be some stringent requirements for protecting the facility if part of it was on the product corridor. The elimination of the product corridor was key to allowing the granting of variances based on unique locations or special circumstances. Councilmember Brown asked what the review process would cost the taxpayer in stormwater fees. Hibbard stated this change would have no effect on the City's capital improvement program related to the Poudre River and would therefore have no effect on stormwater fees. Councilmember Kastein asked staff to address the map issue. Smith stated the Poudre River floodplain was updated in the 1980s through a FEMA study. Redoing the study would require substantial and expensive City and FEMA work involving the entire Growth Management Area. As development takes place in the fringe area, structures were elevated to ensure compliance with the criteria. Hibbard stated gravel mining outside of the City caused major change to the terrain along 158 January 16, 2007 the River and this was regulated by the State rather than FEMA. Holmes-Robinson stated a large part of the City had in fact been re-mapped as a result of stormwater and road projects. Councilmember Kastein asked how likely it would be that the data being used for the Poudre River floodplain was different than what was shown on the maps. He asked for more information on this issue prior to Second Reading. Hibbard stated the floodplain as currently mapped was accurate except for current gravel mining locations. The City,County and Boxelder staff could jointly look at the Boxelder site before an expansion was brought forward. The map could be brought up to date without having to look at the entire River corridor. Councilmember Roy asked for a comparison of the City and County variance review processes and asked what kinds of projects could be considered for variances. Holmes-Robinson described the City Water Board variance process and the criteria for consideration. Smith stated Water Board decisions were appealable to the City Council. Rex Bums,Larimer County Engineering Department, described the Larimer County Flood Review Board variance consideration process. An applicant could appeal the Board's decision to the Larimer County Board of Commissioners. Councilmember Manvel stated the City was"bending"by reducing its requirements to a six-inch rise and asked staff to explain the rise standard. Mayor Hutchinson asked if the FEMA standard was a one-foot rise. Hibbard stated the FEMA minimum was a one-foot rise and staff was proposing a six-inch rise. It was unlikely there would ever be a six-inch rise because of the amount of public land that would never develop. Smith explained the difference between the one-tenth inch floodway and the six-inch floodway. There would be a wider floodway under the one-tenth inch rise floodway. Councilmember Manvel stated the modification of the floodway and the flood fringe would be allowed and the floodway(the area of highest velocity and depth) could be modified only if no rise was produced. Smith stated the criteria were river and channel stability and environmental implications of the project. Councilmember Manvel asked if the requirements for no rise and lack of impact would limit any modifications allowed in the floodway and whether it was unusual to grant modifications of the floodway. Smith stated modifications were allowed as long as the criteria were met. Hibbard stated it was a"daunting task" to meet the criteria and there were few requests to modify the floodway. The typical applications were for public projects. Councilmember Manvel asked for confirmation that there were fewer restrictions in the flood fringe and this was where the six-inch rise would be allowed. He asked if the restriction would be that one could "impact oneself' or must get permission from anyone else that would be impacted. Smith stated it would be okay to do the development in the fringe area as long as the rise was no more than six inches. Councilmember Manvel asked if there was some restriction on who could be affected by the six-inch rise and whether easements must be obtained from those who would be impacted. Hilmes-Robinson stated this was the case with modifications to the floodway. An applicant could not impact another 159 January 16, 2007 property owner with the modification unless an easement was obtained. Because the Poudre River was a FEMA floodplain and a project could not cause a rise on an insurable structure even if was your own structure because of flood insurance issues. Development could occur and fill could be used in the flood fringe. It was being determined in advance that there could be up to six inches of rise if the entire area of the flood fringe was filled in. The natural areas would remain open and it was not expected that there would be a full six inches of rise over time. Councilmember Manvel asked what would happen if someone developed in the flood fringe and caused a rise that damaged someone else's property i.e., would the property that could be damaged have a lower value because the property could be impacted by the rise. Hilmes-Robinson stated the property owner could take it up with the property owner causing the rise. There must be a balance between the risk and the regulation. Hibbard stated the nation-wide FEMA standard was a one-foot rise and the Fort Collins standard would be stricter. This would give"advance permission"for the cumulative development to raise the water level up to six inches. The County was raising its freeboard standard to 24 inches to offset the potential six-inch rise. Mayor Hutchinson asked if the philosophy was to make some of the most stringent floodplain standards more"reasonable"while still exceeding the FEMA minimum standards. Hibbard replied in the affirmative and stated staff was trying to reach a"balance" in conjunction with the County. ("Secretary's Note: The Council took a recess at this point in the meeting.) Councilmember Roy asked for an inclusive list of hazardous materials. Hilmes-Robinson stated the list included hazardous, flammable, explosive, toxic and/or water-reactive materials. Councilmember Kastein made a motion, seconded by Councilmember Brown, to adopt Ordinance No. 015, 2007 on First Reading. Councilmember Ohlson stated the floodplain regulations should protect the natural functions of the River. He stated he might vote against this because the emphasis was on a balance between risk and regulation and there was no emphasis on protection of the natural environment. He questioned using local,state or federal dollars for rebuilding in flood areas and stated there must be a balance between private property rights and the use of public dollars to"rescue"those who continue to rebuild in such areas. He did not see where the natural functions of the River were factored into this ordinance and he would like more information before Second Reading as to why it was so important to make the City and County regulations more similar. He questioned whether the case was made that there was a need to lower some of the City's standards. He noted some of the changes made good sense but he questioned whether the change from one-tenth foot to a half foot should be done. The agenda material indicated the proposed changes would allow more development along the River corridor and if there would be environmental benefits in enhancing the River corridor. He requested additional information regarding the environmental benefits. Mayor Hutchinson stated there had been a work session on these issues and he understood that there was no "absolute standard." 160 January 16, 2007 Councilmember Ohlson stated he would likely vote no on First Reading and wanted to see information that would convince him to vote yes on Second Reading. Councilmember Manvel stated it made sense for the City and County to have the same regulations since much of the land in question may eventually be in the City. He had reservations about lowering the City's standards when restricting development in the floodplain"makes sense"due to societal,economic and environmental costs. This could mean benefits to some property owners and shifting impacts to other property owners. The work that had been done was professional and thoughtful and he appreciated the County's willingness to work with the City on these changes. He wanted to ensure that unified regulations were right for the City. Councilmember Weitkunat stated she would support the oridnance. The 1999 regulations were a response to the 1997 Spring Creek flood and the City may have"overreacted"and`over regulated" because of that flood. The risk and regulation may be "out of balance" and that the proposed changes were a logical direction. Much of the River corridor lands would never have any development or rise and this should be taken into consideration. This was a good balance between risk and regulation. Councilmember Roy acknowledged the collaborative work done by the City and County. He would not support the ordinance on First Reading for a number of reasons. The River itself must be part of the"balance"and the encroachment that these changes would allow could fundamentally change the River. He expressed concern about the reliance on variances by both the City and County. The regulations should not be made less restrictive to be more similar to the County's regulations when the lands in question could become part of the City in time. Councilmember Kastein stated he would support the ordinance and noted that there was a discussion at the work session about the River itself and how much of the land in the River corridor was public land. New development would be on non-public land and the amount of land that could still be developed was less than 50% of the River corridor acreage. It was important to reconcile the City and County regulations, and it was important to grandfather properties such as Boxelder's site. Other public entities needed to be considered in Council's decisions. There needed to be a variance process available. He considered the changes being made as"minor"compared to the changes made in 1999. Councilmember Ohlson stated he wanted more information on why it was necessary to align the City and County regulations, since that seemed to be the main argument for making these changes. He questioned what was driving these changes i.e.,what was the"big picture"for these changes and the City/County collaboration. Mayor Hutchinson stated FEMA found the 1997 disaster was minimized by the City's excellent floodplain regulations. Those regulations were made stricter in 1999 and this was now an effort to achieve greater balance between risk and regulation by eliminating some of the regulations that were not workable. Councilmember Weitkunat asked about FEMA's rating of the City's floodplain efforts. Hilmes- Robinson stated the City was Class 4(among the top three in the country)in the Community Rating 161 January 16, 2007 System and that staff expected the City to be rated Class 5 (among the top 26 in the country) in the next evaluation. This would provide a 25% discount on flood insurance premiums. Councilmember Weitkunat stated these ratings showed the City was doing well at balancing risk and regulation. These changes were"minor" and were not placing the City at greater risk. Mayor Hutchinson asked how many communities were rated Class 1. Hilmes-Robinson stated one community in California had that rating. Councilmember Manvel stated if strong regulations were weakened the premiums for flood insurance would go up. Councilmember Weitkunat stated most of the properties in the floodplain did not have great value and the flood insurance premiums would be minimal. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein and Weitkunat. Nays: Councilmembers Manvel, Ohlson and Roy. THE MOTION CARRIED. Items Relating to the Issuance of City of Fort Collins Downtown Development Authority Subordinate Tax Increment Revenue Bonds, Series 2007A.Adopted on First ReadinE. The following is staffs memorandum on this item. "FINANCIAL IMPACT At the end of 2006, the Downtown Development Authority Debt Service Fund held$1,418,359 of unreserved fund balance. By the end of 2011, the unreserved fund balance is projected to grow to between $16 million and$18 million. The Fort Collins Downtown Development Authority Board (the "Board') and City staff recommend using a portion of the unreserved fund balance and tax increment over the next five years to make capital improvements in the downtown area consistent with the mission of the Fort Collins Downtown Development Authority("DDA'). Over the ensuing years, theprojects receiving the benefit through the capital improvements will repay the value of the projects through increased tax increment. In addition to the capital improvements, a portion of the bond proceeds will also be used to fund a fagade grant program and the Beet Street Cultural Program ("Beet Street'). Beet Street is intended to become an economic engine to generate significant commerce within the downtown area. The DDA debt service fund is projected to have sufficient revenue to meet all required debt service payments and reserve requirements for 2007 through 2011. 162 January 16, 2007 EXECUTIVE SUMMARY A. First Reading of OrdinanceNo. 016, 2007,AuthorizingthelssuanceofCityofFortCollins, Colorado,Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2007A, Dated Their Delivery Date, in the Maximum Aggregate Principal Amount of$5,700,000 for the Purpose of Financing Certain Capital Improvements, Capital Projects and Development Projects Within the Downtown Development AuthorityArea;and Providing for the Pledge of Certain Incremental Ad Valorem Tax Revenues to Pay the Principal ofandlntereston the Bonds;Approving Documents in Connection Therewith;and Ratifying Action Previously Taken and Appertaining Thereto. B. First Reading of Ordinance No. 017, 2007, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado,Downtown DevelopmentAuthority Taxable Subordinate Tax Increment Revenue Bonds, Series 1007A, for the Purpose of Making Certain Capital Improvements, Capital Projects and Development Projects Within the Downtown Area of Fort Collins,Authorizing the Transfer ofAppropriations Between Funds and Appropriating Expenditures from the DDA Debt Service Fund to Make the 2007 Payment on the Bonds The City of Fort Collins created the DDA to make desired improvements in the downtown area. Through tax incrementftnancing, the DDA has made significant contributions to the redevelopment and improvement of the downtown area. These two Ordinances contemplate additional improvements and initiate both a fagade grant program and a cultural program in the downtown area. The first ordinance issues short term bonds for the projects which will be paid from the tax increment revenue. The second ordinance appropriates the bond proceeds to the DDA Operating Fund for the various projects. The total of the projects,programs and associated interest costs is $5,700,000. Project, Program and Administrative Cost Summary: Projects Bas Bleu PerformingArts Theater $ 250,000 Sears Trostel Building Renovation (CTL/Thompson) 175,000 252 East Mountain Avenue (Otter Industries) 290,000 Penny Flats Phase I Downtown Housing 547,085 Community Amphitheater 1,300,000 Downtown Hotel 500,000 Other Projects already approved by the DDA Board Including Tailgate Tommy's, Downtown Ice Rink, etc. 356,096 Miscellaneous Projects pending DDA Board Approval 800,000 Total Projects $4,218,181 163 January 16, 2007 Programs Fagade Grant Program $ 500,000 Beet Street Cultural Program 737,753 Total Programs $1,237,753 Administrative Expenses $ 244.066 Total Project, Program and Administrative Costs BACKGROUND A summary for each project and the two programs is provided below. All the projects listed for funding through this bond issue have either been approved or are pending approval by the Board. All approvals by the Board are contingent upon City Council appropriation of the necessary funds to fulfill the DDA 's commitment to the project. With the exception of those projects that are purely public in nature, no DDA expenditures are to be made until projects are completed and have received certificates of occupancy from the City. 1. Bas Bleu Performing Arts Theater. $250,000 commitment toward fagade and ROW improvements. Bas Bleu has been redeveloping its property on Willow Street into a performing arts theater. It intends to renovate the exterior of the building and the DDA committed up to $250,000 toward that renovation contingent upon Bas Bleu raising the balance necessary to complete the project. 2. Sears Trostel Building Renovation (CTL/Thompson Engineering). $175,000 for fagade and ROW improvements. The Old Sears Trostel Building is being completely redeveloped into office space by CTL/Thompson,an engineeringfirm that bought the building earlier this year. The completed project will add 26 jobs to downtown. DDA investment is for fagade and ROW work 3. 252 East Mountain Avenue (Otter Industries). $290,000 for fagade and ROW improvements. 252 East Mountain was purchased by Otter Industries which will invest around$4 million in a complete renovation of the building. The project retains jobs in the central business district. 4. Penny Flats Phase 1 Downtown Housing. $547,085 forfagade and ROW improvements. The project is scheduled to break ground in December. This project will be built in four phases with DDA commitments made to three of those phases. Funds in this bond issue are for the first phase only. Subsequent investments by the DDA will be made only upon the completion of additional phases. 164 January 16, 2007 5. Community Amphitheather. $1.3 million. Subject to City Council approval, the DDA plans to begin work on a community amphitheater this year. Additional funds will be necessary to complete the project. 6. Downtown Hotel. $500,000 to begin the planning,feasibility, and design workfor a new downtown hotel. 7. FaVade Grant Program. $500,000. Earlier this year the DDA created, subject to the appropriation offunds through a new bond issuance, a program to provide grants to building owners who would agree to undertake facade renovations. The program provides for DDA to share the cost of the facade improvement, up to 50 percent of the total cost not to exceed$50,000,for any one facade. The Authority has made two commitments against this program: 210 South College (currently Vivian) which will get a completely new facade and become Elliot's Mess (a sandwich shop);and 215-217Jefferson, which is a restoration of the front and rear facades of the building. 8. Beet Street Cultural Program. The total DDA commitment to Beet Street is $3 million. $737,753 (year one) is included in this bond issue. This program proposal has been in the works since 2003. It entails the establishment of 24 week-long themed events loosely modeled on the programs of the Chautauqua Institution in New York. The program is intended to become a significant economic engine for Fort Collins. Programs will be developed to attract both local and national audiences. The Board has approved the vision, workplan, and budget for Beet Street. The vision and workplan are available for review at the DDA website: www.downtownfortcollins.org. SUMMARY The Board has met to review each of these projects as well as the facade grant program and Beet Street. For the reason indicated above, the Board recommends each project and the two programs for funding through the issuance of subordinate taxable revenue bonds to be repaid with tax increments revenues that will be received in 2007 to 2011. The Board and its staff recommend adoption of the ordinances. City staffalso recommends adoption of the ordinances. " City Manager Atteberry introduced the agenda item and handed out additional information on the Penny Flats project. Chuck Seest, Finance Director, presented background information relating to the bonds and the funding source to cover the payment on the bonds and the existing DDA debt. He stated there would 165 January 16, 2007 be adequate revenue flows to cover the bonds. The bond proceeds would be used for$4.2 million in projects and for the fapade grant program and Beet Street program. Chip Steiner, Downtown Development Authority Executive Director, presented background information on the proposed projects and programs. The DDA had adopted a series of resolutions relating to the projects and the bonds. The bonds would be used for capital projects, fagade grants for physical improvements, pre-development of the hotel and amphitheater, and program funding for Beet Street. He presented visual information relating to the various proposed projects and programs and described the DDA's financial commitments for each. City Manager Atteberry stated there had been Council questions about the hotel and the Council would formally participate in the decision-making on that project twice. Steiner stated work sessions could be scheduled on the hotel project's financing package. City Manager Atteberry stated the hotel would be on the Remington parking lot and this would be a high end hotel for the downtown, leveraging parking lot property currently owned by the City. Structured parking could replace the existing parking and provide additional parking. Council would be actively involved in consideration of this project. Councilmember Ohlson asked for information on the year-round farmer's market and community marketplace. Steiner stated this project could be brought forward within approximately the next 12 months. Councilmember Ohlson asked if the alley projects were additional projects. Steiner stated these were additional projects and staff was working with the property owners. Councilmember Ohlson asked if the cigar sign next to the old China Palace would remain fully visible. Steiner stated the City's Historic Preservation Office had signed off on the project. Councilmember Ohlson asked if historic elements were part of the criteria for the award of fapade grants. Steiner stated sensitivity to the surrounding environment included historic elements. Councilmember Ohlson stated he had concerns about the kayak course and its possible effect on the Riverbank. He understood that the kayak course must go through a City approval process but the agenda material indicated the City had agreed to build and operate the facility. He asked for clarification regarding whether or not the City had agreed to this already. City Manager Atteberry stated he would check with CLRS staff. He did not believe City funding would be used but the project would be built through Parks Planning. He understood that the operations costs would be minimal. He would provide a response under separate cover. Councilmember Ohlson asked if the appropriate people would be involved in the design to ensure that impacts to the Riverbank would be minimized. City Manager Atteberry stated the project must go through the development review process. 166 January 16, 2007 Councilmember Ohlson stated his concern was that people were not going in and out of the River at many different places and impacting the Riverbank. Councilmember Brown asked why the bonds were not tax free,how they would be rated and what the impact would be on the future ability of the City to issue bonds in the future. Seest stated these bonds were for a period of five years due to the limits on the DDA's existence. The bonds would not be tax exempt and the City would purchase the bonds from the issuer(the DDA). This would cut some of the costs. The impact on the City's bond rating would be negligible. Steiner stated the City had no liability for tax increment financing bonds. Seest stated the projected revenue streams provided 125% coverage of the debt over the next five years. Councilmember Manvel asked for clarification that the$5.7 million would not include the interest. Seest replied in the affirmative. Councilmember Kastein asked if staff was talking with private interests who might have concerns about competition of the amphitheater and the hotel with their interests. Steiner stated this hotel would have more conference and convention space than the hotel's rooms could accommodate. The convention and conference space would therefore spin off business to the other hotels. Councilmember Kastein asked if that was how the other lodging interests saw this as well. Steiner replied in the affirmative. Councilmember Manvel noted the agenda materials indicated stages of development for the hotel and that the amphitheater costs were for start-up and that more funds would be needed. He asked where the additional funds would come from for the amphitheater. Steiner stated the issue of extension or replacement of the tax increment district needed to be resolved one way or another. The amphitheater facility would be crucial to the success of the entire Beet Street program and would be a valuable amenity for the City. The DDA Board felt it was important to get the project started and figure out later how the rest of the project would be funded. There would also be future funding requests for the hotel parking. Councilmember Manvel asked for an estimate of the future funding that would be needed for the two projects. Steiner stated the amphitheater costs would be $10 to 12 million, less the $1.3 million being spent now. City Manager Atteberry stated the City was an integral partner in the projects. The initial expenditures included a feasibility study of capital costs and ongoing operating expenses. An informed decision could be made after the feasibility study helped determine the costs. It would be difficult for the City to absorb more ongoing costs. A successful Beet Street would mean direct benefits to the City and the downtown. Councilmember Ohlson made a motion, seconded by Councilmember Manvel,to adopt Ordinance No. 016, 2007 on First Reading. Councilmember Roy stated a"great vision"for the downtown had been brought forward and he saw the name"Beet Street"as branding the area. It was important to remember that"pioneers"such as the Armstrong Hotel developers had taken significant risks to help revitalize the downtown. It was 167 January 16, 2007 important to leverage public-private partnerships for affordable housing and different types of vertical housing stock to contribute to the success of the downtown. Councilmember Weitkunat stated there were many exciting and dynamic projects that would help protect and preserve the downtown while creating new energy and direction. This was money well spent. Councilmember Manvel stated the$5.7 million would come from the downtown tax increment and would be channeled back into the downtown rather than City money that could be used for other purposes. Councilmember Kastein stated this was an"exciting and aggressive"new plan that could have quite an impact. The investment could rely on the life of the DDA being extended. Mayor Hutchinson stated this had been a"super effort." The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 017, 2007 on First Reading. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Resolution 2007-005 Determining That a Modern Roundabout is the Appropriate Type of Intersection Improvement to be Constructed at the Intersection of Horsetooth Road and Ziegler Road,Adopted. The following is staff s memorandum on this item. "FINANCL4L IMPACT Improvements are planned in conjunction with the Street Oversizing Program. The intersection improvement project is required to mitigate the traffic impacts of the FrontRange Village Shopping Center project. Funding for Street Oversizing Program improvements are through developer participation and impact fees. Staffanticipates an appropriation ordinance to transferfunding into a capital project account for construction to follow the determination of this Resolution. EXECUTIVE SUMMARY The intersection ofHorsetooth and Ziegler Roads is scheduled for improvements to lessen the traffic impacts of the Front Range Village Shopping Center Project. An Intersection Alternative Study has 168 January 16, 2007 determined a roundabout at the intersection of Horsetooth/Ziegler is the best alternative for the intersection. This Resolution authorizes construction ofa modern roundabout at this intersection. Ifapproved by Council, the City's Street Oversizing Program will construct the project during 2008 along with other improvements associated with the Bayer development along Ziegler Road. BACKGROUND On September 4 2001 Council adopted Resolution 2001-120 requiring sta to conduct alternative analysesfor all arterial/arterial intersection projects. The Resolution also requires the City Council to make the final approval for any intersection where the modern roundabout has been determined to be the best improvement/solution. The process for the analyses includes the following: 1. Transportation staffprepares an Intersection Alternative Analysis which addresses 6specific criteria. 2. If Transportation staff believes a modern roundabout is the most suitable intersection alternative, then they send a recommendation to the City Manager. 3. The City Manager then submits a proposal to City Council for review and final determination on arterial intersection improvements. The intersection is currently operating under an all-way stop condition. The west leg of the intersection has been improved to arterial standards. The north and south legs of the intersection have improvements(curb, gutter and sidewalk)on their west sides and unimproved on the east side. The east leg of the intersection is currently in gravel and no improvements have been made. The principal movements of the intersection are the eastbound to southbound and the northbound to westbound movements. The intersection currently is operating at Level of Service Fin the PMpeak hours and fails to meet the City's LOS standards. The Front Range Village Project is expected to increase the volumes at the intersection by approximately 20%when complete. An Intersection Alternative Study was completed by the Bayer Properties consulting traffic engineers and submitted to the City for review. The results of the study determined that a roundabout at the intersection of Horsetooth/Ziegler was the best alternative for the intersection. The study was approved by the City Traffic Engineer and Transportation staff. Modern roundabouts are becoming a popular intersection control device around the country with Colorado being considered a leader in roundabout implementation. The safety and reduction in delay benefits continue to prove themselves to the public. The City constructed its first arterial/arterial roundabout this past summer at the intersection of Ziegler/Kechter. This roundabout has proven to be successful and is operating exceptionally well. The alternative analysis reported that was prepared and submitted to the City for approval g compared six criteria between a traditional signalized intersection and a modern roundabout. The P report recommended the construction ofa modern roundabout. A review of the report is presented below. 169 January 16, 2007 Level of Service (LOS) LOS is a measurement system based on the delay time at an intersection. The levels of service are categorized into groups "A"through "F". LOS "A"has a range of delay from 0-10 seconds per vehicle and LOS "F"has a range greater than 80 seconds per vehicle. Using 25 year forecasted traffic volumes, the roundabout will operate at LOS "A" through the long-term future and the signalized intersection will operate at LOS "C". Emissions/Air Quality Emissions and air quality are directly related to delay. The pollutants of CO, NOx, and VOC were analyzed as part of the study. It was determined that with all pollutants, the roundabout would result in an approximately 83%reduction in pollution over the traditional intersection. Safety The National Institute for Highway Safety has determined roundabouts are one of the safest intersections. Studies have shown major reductions(60%-7091o)in both property and injury related accidents with roundabouts. In a standard 4-way signalized intersection, there are 32 separate ways for a vehicle to have a crash. In a roundabout, there are only 8 possible crash scenarios and the injury related crashes are minimized. Spatial Requirements In either scenario, right-of-way(ROW)will need to be purchased. The roundabout takes less ROW than the traditional intersection but will also result in more utility relocations. Cost Preliminary cost estimates indicate the roundabout will cost $1.159 million to construct. A traditional intersection will cost $945,000. Although the roundabout constructions costs are approximately 22%higher than the traditional intersection, there are long term maintenance cost reductions and time savings with the roundabout that are not accounted for in the analysis. Alternative Modes Recent experience with roundabouts has indicated that alternative modes of transportation (bikes and pedestrians) do not have problems negotiating the intersection. Operating speeds in a roundabout are slow, traffic is moving in one direction, and there are sufficient gaps for alternative modes of transportation. Accident experience for alternative modes of transportation shows no difference between roundabouts and signalized intersections. For pedestrians, there are 24 vehicular conflicts in a traditional intersection and only 8 vehicular conflict points in a roundabout. In accordance with Resolution 2001-120, staff is recommending that a modern roundabout be constructed at the intersection of Horsetooth and Ziegler. The Transportation staff believes a 170 January 16, 2007 modern roundabout would bean outstanding alternativefor the improvement ofthis intersection and respectfully submits such proposal to Council for its consideration and determination. " Eric Bracke, Traffic Engineer, presented background information on the agenda item and stated Council was being asked to determine if a roundabout would be appropriate at the intersection of Horsetooth and Ziegler Roads. He noted the intersection carried approximately 17,000 vehicles per day and the intersection currently failed the City's standards at level of service F. He described the proposed roundabout configuration of the intersection which would improve the level of service to C. There would be approximately four seconds of delay per vehicle compared to 20-34 seconds of delay for a traditional intersection. The traditional intersection was projected to have about 10 accidents per year while there would be about six accidents per year with the roundabout. The annual accident cost savings with the roundabout would be about$78,560. There were 32 ways to have an accident in a standard intersection and eight ways to have an accident in a roundabout. There were 24 ways to have a pedestrian-vehicle conflict in a standard intersection and eight ways to get hit in a roundabout. Many people believed roundabouts caused more accidents but this was not true based on the data, which showed there was typically a 50% reduction in accidents with roundabouts compared to standard intersections. There was a 30%reduction in accident rates for multi-lane roundabouts. There would be an 80 to 88%reduction in emissions with the roundabout due to reductions in delays. The cost would be about$975,000 to construct the standard signalized intersection and slightly more than$1.1 million to build a modem roundabout. The difference would be due to a utility relocation. Roundabout costs and spatial requirements were site specific and traffic signal maintenance costs for the standard intersection would be about$3,000 per year. The costs and spatial requirements for a standard intersection and a roundabout would be approximately the same when everything was taken into consideration. The roundabout was about the same as a standard intersection for alternative modes of transportation. The public's perception ofroundabouts was improving as roundabouts were being built along the Front Range. The Transportation Board strongly recommended the adoption of the roundabout for this intersection and the Bayer Properties traffic consultant was also recommending the roundabout. Staff was recommending that Council adopt the Resolution. Councilmember Brown asked if there was a similar roundabout anywhere in the vicinity. Bracke stated there were multi-lane roundabouts in Loveland. Councilmember Kastein asked about public perception from the neighborhoods in the area. Bracke stated that during the design phase preliminary plans would be presented at neighborhood meetings. City Manager Atteberry asked if a roundabout was discussed at any of the Bayer Properties neighborhood meetings. Bracke replied in the affirmative and it was never identified as an issue. Councilmember Kastein asked when a decision would be made on the Harmony and Shields intersection. Bracke stated the analysis had been completed and was under review and that the decision was made in the next few months. City Manager Atteberry stated the Harmony and Shields roundabout would require a Council decision. Councilmember Manvel asked if the roundabout would be viable for the next 15-20 years. Bracke replied in the affirmative. 171 January 16, 2007 Councilmember Manvel noted the Transportation Board had questions about preserving right-of-way for future expansion and asked if this should be considered at this point. Bracke stated it was not a standard practice to acquire right-of-way for needs projected beyond 20 years. Councilmember Manvel asked if the roundabout could be sufficient"forever." Bracke replied in the affirmative. Councilmember Ohlson asked if anything was done to"soften the blow"for the last roundabout and if something similar was planned for this roundabout. Bracke stated for the last roundabout there were 40-50 people at an initial public meeting and 5-6 people were at a public meeting during a meeting on the final design. A "How to Drive a Roundabout" guide was distributed in the area. Matt Baker, Transportation Services, stated three information mailings were sent to all residents about upcoming meetings and the roundabout. Councilmember Ohlson stated it would be helpful for the City to send out information in "bullet form"on why the City was moving toward using more roundabouts i.e.,pollution and safety. City Manager Atteberry stated staff was on-site when the Kechter and Ziegler roundabout was opened to watch traffic patterns. The roundabout had performed extremely well during school peak hours. He believed Horsetooth and Ziegler would be an ideal location for a roundabout. There was no intent to recommend a roundabout on every improved intersection in the City because there were different considerations for intersections such as Harmony and Shields. Councilmember Manvel made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 2007-005. Councilmember Kastein asked that staff e-mail the slides so that he could answer citizen questions. Mayor Hutchinson stated he had attended a seminar on roundabouts and appreciated the details provided by staff. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Ordinance No. 210,2006, AmendingVarious Provisions of the City Code Pertaining to tY g Unattended Displays on City Property,Adopted on Second ReadinP. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on December 19, 2006, by a vote of 6-1 (Nays:Kastein), prohibits all unattended displays other than newsracks. One amendment is being made on Second Reading to remove the fixed amount ofthe fee required for an encroachmentpermitfor newsracks." 172 January 16, 2007 City Attorney Roy stated there were two agenda items that dealt with signs and public displays in the public right-of-way. He stated Ordinance No. 210, 2006 was approved on First Reading with direction to make a change to eliminate the fixed fee from the Code to allow the fee for newsracks to be established administratively. The purpose of the ordinance was to clarify the City's policy regarding unattended displays in the right-of-way i.e., that they were not permitted except for newsracks. There was also a provision addressing the conditions under which a person could obtain a permit for certain activities in natural areas and parks. There would be an expeditious appeal process if the requested permit that was denied related to a First Amendment activity. This was on the discussion agenda because the vote was not unanimous on First Reading. Councilmember Roy made a motion,seconded by Councilmember Ohlson,to adopt Ordinance No. 210, 2006 on Second Reading. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson,Roy and Weitkunat. Nays: Councilmember Kastein. THE MOTION CARRIED. Ordinance No. 018,2007, Amending Certain Provisions of the City Code Pertaining to Signs in the Right-of-Way.Adopted on First ReadinE. The following is staff s memorandum on this item. "EXECUTIVE SUMMARY This Ordinance deals with the City's ability to remove illegally placed signs from public property and right-of-way and the circumstances under which the signs may be removed and destroyed without notice. BACKGROUND This Ordinance combines two sections of the Code dealing with the placement of signs on public property in the public right-of-way. Such signs are prohibited by Section 24-1 of the Code, subject to several exceptions. There is another section of the Code(Section 17-42) that also deals with the posting of signs on publicly owned property. These two provisions of the Code differ as to the way in which signs and handbills that violate these provisions may be removed by the City and subsequently destroyed. Section 24-1 states that notice must be sent to the sign owner, if known, and the owner has ten days to retrieve the sign. If the owner cannot be ascertained or ifhe or shefails to collect the sign after notice, the City may dispose of the sign in addition to issuing a citation. Section 17-42 establishes a more expeditious process for removing and disposing ofsigns. Under that provision, the person whose business, interests or activities are advertised, furthered or promoted by a sign posted in violation of the section must, within 24 hours after being notified by the City, remove the sign or else it will be summarily removed and destroyed withoutfurther notice. 173 January 16, 2007 The person who illegally posted the sign and/or failed to remove it after notice can be cited for violation of this Code section. Staffbelieves that the more summary process contained in Section 17-42 is preferablefor these kinds of violations because it does not require the City to remove and keep the illegal signs pending a response by the responsible party. Therefore,staff is recommending that this process be consistently used for the removal of all signs illegally posted on publicproperty and this Ordinance would make that change. In addition, the Ordinance would provide that, if an illegally posted handbill or illegally placed sign is found on public property and the person responsible for the handbill or sign has been contacted within the preceding ten days for a similar violation, the City may summarily remove and dispose of the handbill or sign without further notice. The Ordinance would also clarify that Section 17-42(d)prohibits the placement ofadvertisingfliers on motor vehicles without the owner's consent, and it would also prohibit the fastening of advertising materials to residences if the owner or occupant of the residence has instructed a particular company to discontinue such practice. In response to Council direction, staff has added a provision whereby the City can summarily remove and destroy illegally placed signs without any notice, but only under limited circumstances when the placement and number of signs create a safety hazard or when the 24 hour notice is rendered meaningless due to the timing of the placement of the sign in relation to the advertised event or promoted occurrence. " City Attorney Roy noted this ordinance was continued on First Reading to allow staff to work on revisions. He stated Ordinance No. 018, 2007 would consolidate the provisions of two separate sections of the City Code relating to signs in the right-of-way. The ordinance would allow signs authorized by the City and would provide that the City would notify the business entity or the person whose interests were advanced by the sign that an illegally posted sign must be removed within 24 hours or it would be summarily removed and disposed of by the City. In response to Council direction the ordinance addressed election signs posted prior to an election day and special events held on a weekend. He stated the ordinance would provide that the City could summarily remove and destroy illegally placed signs without 24 hours notice when the number or placement of signs created a safety hazard, when the sign owners had been given a notice within the previous 10 days about a similar kind of sign, or when the sign advertised, promoted or related to an event, activity or election day that was to occur within 24 hours. He stated the ordinance would require permission from the property owner to post or place signs or handbills on motor vehicles or other personal property. He stated there were also some housekeeping provisions relating to the disposition of surplus or abandoned property. Councilmember Manvel asked if information on suggested changes was provided to the Council. City Attorney Roy highlighted changes that had been made to the ordinance as reflected in the revised version included in the Council packet. Councilmember Roy made a motion, seconded by Councilmember Weitkunat,to adopt Ordinance No. 018, 2007 on First Reading. 174 January 16, 2007 Councilmember Kastein expressed concern about a possible fine if the sign benefitting a candidate placed in the right-of-way by someone else was not picked up by the candidate. He wanted to see the person who posted the sign illegally rather than the candidate held accountable. Councilmember Manvel stated this would not be practical because it would be difficult to determine who posted the sign illegally. He asked if the consequence would usually be removal and destruction of the signs rather than a fine. Lance Newlin, Chief Construction Inspection, replied in the affirmative and stated staff contacted people to let them know that signs were illegally placed. He was not aware of any situation where the sign was not picked up. f 1 o tin signs Councilmember Manvel stated it was not unreasonable to have a consequence i peop e p s g gn were not being educated by the campaign about the proper posting of signs. He did not believe that a fine was the typical consequence. Councilmember Ohlson believed there needed to be an alternative for a fine if it was ultimately needed to enforce the ordinance in cases where someone was "totally abusing" the provision. Councilmember Kastein stated this was"different'because the candidate would be held accountable for picking up the signs when they were posted by someone else. City Attorney Roy stated the ordinance had broader coverage than election signs and signs placed in the ground. It was difficult to determine who posted handbills and signs illegally and this would motivate those who benefitted from the signs or handbills to have them removed. This was already in the Code for handbills and it would now also apply to signs. This provision had already been helpful with regard to reducing the clutter of handbills. Councilmember Manvel stated the removal of political signs was "relatively simple"compared to a glued-on handbill and the price of a political sign was higher. The penalty for posting an election sign illegally would likely be "confiscation" while the penalty for illegally posted handbills not removed would be a fine. Newlin stated that to this point,no tickets had been issued for any signs. He typically contacted campaign managers rather than the candidates about illegally posted signs. Councilmember Kastein expressed a concern about the possibility that an opposing campaign could move a legally posted sign to an illegal location. This would force the candidate to remove the sign within 24 hours notice. City Attorney Roy stated the City would be able to remove the sign and hold it for 10 days. Newlin stated under the current provision the sign could be disposed of immediately. City Attorney Roy stated the provision that had applied only to handbills would now apply to other kinds of signs. A fine would be a last resort to deal with someone who repeatedly ignored the requirement. Councilmember Kastein stated there would no longer be any staff discretion on issuing a ticket. Councilmember Ohlson stated there would be a lot of discretion and staff would not have to issue a ticket. The intent was to deal with the"egregious abusers." Councilmember Kastein stated a candidate should not receive a ticket or have to pick up a sign posted illegally by someone else. 175 January 16, 2007 Councilmember Manvel stated the ordinance provided for a notice to remove the sign within 24 hours and allowed the City to remove the sign if it was not removed. City Attorney Roy stated it would be a violation to post the sign illegally or to fail to remove it after notice. The issuance of a citation would not be automatic. Councilmember Manvel stated the consequences would be the same as they would be for violating any City ordinance. City Attorney Roy stated the officer always had discretion to decide whether or not the situation warranted the issuance of a citation. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson, Roy and Weitkunat. Nays: Councilmember Kastein. THE MOTION CARRIED. Other Business Boards and Commissions Worknlan Revisions City Clerk Krajicek stated the boards and commissions manual required that all boards and commissions submit their workplans for the next year by November 30. All of the 2007 workplans were forwarded to the Council for the Council boards and commissions liaisons to comment on any revisions. Resolution 1996-140 provided that board or commission work could be initiated if there was support by three Councilmembers. A Resolution would be brought back on February 6 to make any proposed changes that had sufficient support. Councilmember Kastein made a motion,seconded by Councilmember Manvel,to incorporate all of the proposed revisions to the boards and commissions workplans in a Resolution to be presented for Council consideration on February 6, 2007. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Chemical Sensitivity Ordinance Mayor Hutchinson stated the Council needed to decide whether to proceed with work on a chemical sensitivity ordinance. City Attorney Roy stated the Council had not yet requested work on such an ordinance although a citizen had presented a proposed ordinance. Staff would prepare an ordinance if directed by Council to do so. The draft ordinance presented by the citizen would require identification of persons who had certain kinds of chemical sensitivity,notification to persons within a specified radius about the dangers to the chemically sensitive person of lawn spraying, and require persons within the designated area to use an alternative chemical that would not have a negative effect on the chemically sensitive person. 176 January 16, 2007 Mayor Hutchinson asked for clarification that the draft ordinance was presented by one person. City Attorney Roy stated the catalyst was Ms. Schonbrun's request. Councilmember Kastein asked if there were other options short of City adoption of an ordinance. City Attorney Roy stated there were remedies available to the individuals involved through civil actions in which the City would not be involved. A review could be done to determine if the situation was covered by any existing ordinances and that there was an initial request to review this situation as an "assault with a deadly weapon." A determination was made that this situation was not covered under that kind of ordinance. Another option was mediation and this voluntary process was tried and had failed. The final option would be for the City to craft a new ordinance to specifically address this kind of situation. The ordinance could entirely prohibit the use of certain chemicals within a radius of a person who had this kind of sensitivity or to impose some kind of notice requirement so that the activity could be done in a different way or with different chemicals. Councilmember Kastein asked if the draft ordinance had been used elsewhere. City Attorney Roy stated he did not know where the draft came from and noted staff had identified some issues that may require a different approach. The concept was manageable from a legal standpoint and he did not know if there were other"model"ordinances that could be reviewed. Staff did not have direction from Council on whether to work on this ordinance. Councilmember Manvel stated such a"specialized"ordinance would have limited impact although it would be important to a few people. He asked if this would be a major or minor project for staff. City Attorney Roy stated the next step would involve City management more than the legal staff. Staff s role to date had been to look into legal issues relating to the feasibility of enacting such an ordinance. This preliminary legal work had required quite a few staff hours. The next step would be to look at any model ordinances and to determine if there were any significant legal issues that would require a different approach than the models. If an ordinance was drafted it would need to effectively address the problem,be legally defensible and be readily enforceable. He estimated that legal staff would likely spend another 20 hours of work for research and writing. Mayor Hutchinson questioned how such an ordinance would be enforced. City Attorney Roy stated he would envision a need to verify that the person who claimed to have a sensitivity did,in fact,have such a sensitivity. It would then be necessary to determine that the appropriate notice had been given to people within the specified radius and whether they had responded appropriately or had, in fact, used a chemical that should not have been used. This could involve taking into evidence and testing the spray that was used. City Manager Atteberry stated there would be implications for City management and difficulties with enforcement of such an ordinance. Staff had been discussing who would enforce such an ordinance. Staff had significant concerns about the ability of the City to enforce such an ordinance and it would require a significant amount of time to develop an entirely new process. It would take time for staff to make an informed decision. Mayor Hutchinson stated the ordinance would be applied narrowly and staffs perspective was important. He asked for feedback from the Council on what kind of City action was appropriate in this kind of"neighborhood dispute" situation. 177 January 16, 2007 Councilmember Roy stated a key point was the need for verifications. It may be possible to create a mechanism to deal with such health and safety issues. There could be 20 hours of time invested for something that affected more than one individual in Fort Collins. He would be interested in knowing whether there were any similar laws in place around the country and whether the City would have the legal ability to be informed by a doctor about the health status of an individual. Councilmember Manvel stated there were quite a few people with chemical sensitivity in the community. He noted that usually such individuals could resolve the issue by explaining the situation and the use of chemical alternatives to the neighbors. The common sense solution for neighbors to work out a solution was not happening. He suggested that he would like information on ordinances and their enforcement elsewhere from the individuals who were most interested in this issue. Mayor Hutchinson questioned if it was a proper role for government to set up a new enforcement system to deal with one neighborhood issue. There could be unintended consequences associated with such "social engineering." Councilmember Weitkunat stated there were serious problems with verification, enforcement, notification and personal rights. There could be room for abuse associated with neighborhood disputes. She was not interested in bringing forward any kind of legislation at this time and that other means should be used to resolve such neighborhood issues. There were"civil implications" associated with adopting such an ordinance. Mayor Hutchinson questioned whether it was appropriate to put the City"machine" to work on a problem that affected a few. Councilmember Kastein stated he would not support spending more staff time on this issue. Such an ordinance would be "narrow" and would cover a special circumstance. This would be a "sledgehammer" and there were other ways, such as civil remedies or relocation, to solve the problem. Councilmember Ohlson stated this issue was not one of the top priorities but that he would not oppose staff looking at other options,time permitting,up to and including an ordinance. He did not support "full steam ahead"to make this a top priority and he did not support "cutting off all work on this." He supported having the City organization determine if there was some kind of solution to this, up to and including some kind of ordinance. Councilmember Weitkunat stated at this point in time staff needed to know how to proceed. The question was whether to make this a priority and put the staff time in now. She did not support doing this. Councilmember Ohlson stated he wanted to give staff direction to work on this in some general way to determine if there were other options. He supported"keeping this alive" in the organization. Mayor Hutchinson stated the Council guidance to staff not to do this now would not preclude working on it at some future time. 178 January 16, 2007 Councilmember Manvel asked that the staff keep a file open on this so the matter could be brought forward in the future if new information was received about model ordinances and enforcement elsewhere. Councilmember Brown thought this could lead to discussions about removing fluoride from drinking water or prohibiting farmers from using pesticide. A solution would require cooperation from many people. Neighborhood Services dealt with neighborhood issues and questioned if this department could have a database on chemically sensitive people that lawn companies must check before spraying or that the Streets Department could check before doing paving work. Courtesy could resolve this issue. Mayor Hutchinson stated this had become an issue because one person did not want to use organic herbicides. Creating and maintaining such a database could require a major effort. Councilmember Roy asked if there was a way for Neighborhood Services to ask the person who did not want to use organic herbicides to come to the table to talk again to arrive at a common sense solution. City Manager Atteberry stated he would personally make the call. Mayor Hutchinson polled the Council about whether staff should pursue the issue now until Council provided different direction. Councilmember Manvel replied "no" and stated he wanted staff to keep a file open. Councilmember Brown replied"no." Councilmember Ohlson stated he could not answer"yes"or""no"and that staff could continue to do a"little research" and keep a file open to a"low key degree." Councilmember Weitkunat replied "no." Councilmember Roy stated Council's job was to deal primarily with health and safety and there was not a "minimum quota." There may be common sense ways to deal with the issue. Caring communities made sure that people who needed a little extra care got that. It was not unusual for Council to spend months working on ordinances that had a single interest outcome. He would like the City Manager make the phone call and would like to continue to look at ways to protect this individual's life. He replied "yes" to Mayor Hutchinson's question. Councilmember Weitkunat stated the issue was whether or not an ordinance should be crafted to deal with this issue. Time should not be put in on doing this now. Staff could continue to look at other ways to fix the problem and should not work on an ordinance now. Councilmember Roy stated he would like staff to look at whether there were ways to craft the ordinance. Councilmember Weitkunat stated this issue should not be addressed by a new law. 179 January 16, 2007 Councilmember Kastein replied "no" and stated an individual solution was the right approach. Mayor Hutchinson stated it was not appropriate to craft an ordinance to address this issue. Five Councilmembers had indicated that they did not want staff to pursue work on an ordinance. Staff and he could look at other ways to deal with the issue. Executive Session Authorized Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to adjourn into Executive Session, as permitted by Section 2-31(a)(2) of the City Code, to confer with the City Attorney regarding the manner in which particular policies,practices or regulations of the City may be affected by existing or proposed provisions of federal, State or local law. Councilmember Kastein asked if there was time sensitivity. City Attorney Roy suggested a motion to extend the meeting before the Council went into Executive Session. Councilmember Kastein asked how quickly these matters needed to be addressed. City Attorney Roy stated the matters needed to be addressed within the week. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson and Weitkunat. Nays: Councilmember Roy. THE MOTION CARRIED. Meeting Extended Councilmember Manvel made a motion, seconded by Councilmember Weitkunat, to extend the meeting. Yeas:Councilmembers Brown,Hutchinson,Kastein,Manvel,Ohlson,Roy and Weitkunat. Nays: None. THE MOTION CARRIED. ("Secretary's Note: The Council adjourned into Executive Session at 10:55 p.m. and reconvened following the Executive Session at 11:25 p.m.) Adjournment The meeting adjourned at 11:25 p.m. Mayor ATTEST: City Clerk 180 February 6,2007 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting- 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday,February 6,2007, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Councilmembers Absent: Brown Staff Members Present: Attebeny, Jensen, Roy. Citizen Participation Mayor Hutchinson stated each participant would have five minutes to speak. Lloyd Walker, 1756 Concord Drive,spoke regarding the impact of student rentals on neighborhoods near universities,commented on work being done in Minneapolis on this issue, and encouraged the Council to pass effective rental and occupancy standards. Don Flick,520 North Sherwood Street#14,expressed concern about the drafting of a City ordinance relating to the employment of undocumented workers by contractors. He asked the Council to consider extending the discussion process on this ordinance to allow time for abundant public input. Rich Harter,2701 Brookwood Court,thanked Councilmembers and staff for its work and expressed concerns about the transfer of $15 million in City assets to the new Library District since the District's Board would not include any elected City official. Citizen Participation Follow-up Mayor Hutchinson thanked those who spoke during Citizen Participation. Councilmember Ohlson commented on the contracting ordinance that was scheduled for Council consideration in February. He wanted the ordinance to be considered before the Council election. The ordinance would require City contractors and subcontractors to employ only legal residents. Mayor Hutchinson suggested that the scheduling of that ordinance be discussed under Other Business. City Manager Attebeny stated a draft of the ordinance would be ready for Council and public review by February 15 and it could be scheduled for First Reading on March 6 and Second Reading on March 20. He noted he had received a number of calls on this issue. 181 February 6, 2007 Agenda Review City Manager Atteberry stated item#15 Second Reading of Ordinance No. 011, 2007, Authorizing the Conveyance of Certain Small Tracts of Land in the Pineridge Natural Area Located Within the Burns Ranch at Quail Ridge Subdivision from the City of Fort Collins to Burns Ranch Open Space Non-Profit Corporation would be withdrawn from the Consent Calendar for separate discussion and that item #39 First Reading of Ordinance No. 029, 2007, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article II, Section 3 of the City Charter Pertaining to the Compensation ofthe Mayor and Councilmembers wouldbe removed from the agenda and postponed indefinitely. An unidentified member of the public pulled item#9 Second Reading of Ordinance No. 002, 2007, Appropriating$250,000 from the Transportation Fund Reserves into the Mason Corridor Project Budget from the Consent Calendar. Councilmember Ohlson withdrew item#22 First Reading of Ordinance No. 021, 2007,Amending Chapter 2 of the City Code to Create an Economic Advisory Commission from the Consent Calendar. Councilmember Manvel withdrew item#26 First Reading of Ordinance No. 010, 2007,Authorizing Acquisition By Eminent Domain Proceedings Of Flood Plain Easements for the Fossil Creek Drainage Project from the Consent Calendar. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the October 17,2006 and November 7.2006 Regular Meetings and the Adjourned Meetings of October 24,2006 and November 14,2006. 7. Items Relating to the Adoption of the Northwest Subarea Plan. A. Hearing and Second Reading of Ordinance No. 208,2006,Amending Division 4.24 of the Land Use Code. B. Hearing and Second Reading of Ordinance No. 209, 2006, Amending the City's Zoning Map and Classifying for Zoning Purposes the Property known as the Northwest Subarea Plan Rezoning. C. Resolution 2007-006 Amending Exhibit"A" of Resolution 2006-121. The Northwest Subarea Plan was initiated in 2005 in response to City Plan (2004), which identified the Northwest Area as a priority for future subarea planning. It provides a more specific vision and policy framework for neighborhoods,commercial areas,open spaces and undeveloped land. The primary objective is to tailor City Plan principles to the specific circumstances of this area. The Northwest Subarea Plan was adopted on December 19,2006 by Resolution 2006-120. 182 February 6, 2007 Based on Subarea Plan policy LU-2.1 and Strategy LU-2.1a, amendments to the Land Use Code are necessary and a rezoning is needed on 4.8 acres near the northeast corner of West Vine Drive and North Shields Street in order to allow existing properties to change uses, expand or redevelop. These Ordinances, unanimously adopted on First Reading on December 19, 2006, adopt these amendments and rezoning. Ordinance No.208,2006 has been revised on Second Reading to add two uses to the Limited Commercial CL zone, including: • Shelters for victims of domestic violence • Satellite dish antennas greater than thirty-nine(39) inches in diameter On December 19,2006,City Council approved the second reading of Ordinance 192,2006, providing amendments to Land Use Code sections 4.24(B)(1)(a)and 4.24(B)(1)(e)allowing these two uses. Since residential properties adjacent to and abutting this CL area maybe particularly affected by signs displayed by permitted nonresidential uses,staff recommends that it be placed in the Residential Neighborhood Sign District. This item was postponed from January 16,2007 to February 6,2007 to allow for publication of the rezoning notice due to legal description errors that were discovered after the original publication. 8. Second Reading of Ordinance No. 001, 2007, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. This Ordinance, unanimously adopted on First Reading on January 16, 2007, appropriates funds from a grant in the amount of$36,850 received from Eighth Judicial District Victims Assistance and Law Enforcement (V.A.L.E.) Board. It will be used to fund services provided by the Police Services Victim Services Team. 9. Second Reading of Ordinance No. 002, 2007, Appropriating $250,000 from the Transportation Fund Reserves into the Mason Corridor Project Budget. This Ordinance, unanimously adopted on First Reading on January 16, 2007, appropriates the necessary funding into the Project budget to complete the Preliminary Engineering and Environmental Assessment (PE/EA) work for the Mason Corridor Project. This work is necessary to advance the City's funding request for the Mason Corridor Project with the Federal Transit Administration. 183 February 6, 2007 10, Second Reading of Ordinance No. 003, 2007, Amending Section 2-656 of the City Code Relating to the Reporting of Gifts. Honoraria and Other Benefits. This Ordinance,unanimously adopted on First Reading on January 16,2007,amends Section 2-656 of the City Code relating to the report of gifts,honoraria and other benefits,to conform to the state statute requirement for quarterly reporting. 11. Second Reading of Ordinance No. 004, 2007, Amending Chapter 23 of the City Code by Changing Certain References therein From"Public"Property to "City"Property. Chapter 23 of the City Code contains many references to "public" property. The term "public" is, in some instances, subject to an interpretation that is too broad for lawful application because it might imply that the City has the power and jurisdiction to regulate property owned by the United States or the State of Colorado or other public entities which maybe outside ofthe jurisdiction of the City. This Ordinance,unanimously adopted on First Reading on January 16,2007,changes references in Chapter 23 so that the language will read "City"property rather than "public"property. 12. Second Reading of Ordinance No. 005, 2007, Amending Chapter 2. Article V. Division 3 of the City Code Pertainingto o City Service Areas. Following a detailed analysis and review,the City Manager has decided to implement some changes to the City's internal organizational structure. These changes impact some of the existing service areas and result in a new reporting structure. This Ordinance,unanimously adopted on First Reading on January 16, 2007, updates to related provisions of the City Code. Since First Reading, refinements have been made to better reflect the terminology that will be used by the City Manager in designating subdivisions of the City organization. Arevision to Section 2-494 has also been added to clarify that the City Clerk will be responsible to the City Manager or his or her designee. 13. Items Pertaining to the Plank PLD &PD Annexation and Zoning. A. Second Reading of Ordinance No.006,2007,Annexing Property known as the Plank PLD &PD Annexation. B. Second Reading of Ordinance No. 007, 2007, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Plank PLD & PD Annexation. These Ordinances, unanimously adopted on First Reading on January16, 2007, annex and zone 17.35 acres located at the southeast corner of Kechter Road and Ziegler Road. The property is developed as a single-family residence with outbuildings and is in the FA-1 184 February 6, 2007 Farming District in Larimer County. The area to be annexed is the entirety of an enclaved property that has been surrounded by the City of Fort Collins for more than three(3)years. The requested zoning for this annexation is LMN-Low Density Mixed-Use Neighborhood. 14. Items Pertaining to the Liberty Farms Annexation and Zoning. A. Second Reading of Ordinance No. 008, 2007, Annexing Property Known as the Liberty Farms Annexation. B. Second Reading of Ordinance No.009,2007,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Liberty Farms Annexation to the City. These Ordinances, unanimously adopted on First Reading on January 16, 2007, annex and zone 22.32 acres located on the east side of North Timberline Road at the Larimer&Weld Canal, approximately 1/4 to 1/3 mile north of East Vine Drive. The property contains two (2)existing single-family residences and agricultural land. It is in the FA -Fanning District in Larimer County. The requested zoning for this annexation is LMN-Low Density Mixed- Use Neighborhood. 15. Second Reading of Ordinance No.011.2007,Authorizing the Conveyance of Certain Small Tracts of Land in the Pineridge Natural Area Located Within the Burns Ranch at Ouail Ridge Subdivision from the City of Fort Collins to Burns Ranch Open Space Non-Profit Corporation. Ordinance No. 011, 2007, unanimously adopted on First Reading on January 16, 2007, authorizes conveyance of certain small tracts of land in the Pineridge Natural Area located within the Burns Ranch at Quail Ridge Subdivision to Burns Ranch Open Space Non-Profit Corporation. This Corporation was formed for the purpose of owning and maintaining the property to be conveyed in order to save the City costs associated with the maintenance of these areas. 16. Second Reading of Ordinance No. 012, 2007, Authorizing the Conveyance of a Permanent Non-Exclusive Easement Over a Portion of the Eagle View Natural Area for Inundation by a Reservoir. This Ordinance,unanimously adopted on First Reading on January 16,2007,authorizes the conveyance of a reservoir inundation easement over a portion of the Eagle View Natural Area. In order to augment an adjacent reservoir, owner John Jensen needs this permission from the City for the possible inundation of an area of City property not to exceed 7,209 square feet at the proposed high water mark for the reservoir. The proposed area of inundation is located in a naturally depressed wetland area and will not require improvement, construction or re-grading to accommodate the inundation. The initial impact to existing wetlands is expected to be minimal and no long term negative impacts are expected.but will likely to facilitate the expansion of existing wetlands due to the increased inundated area. 185 February 6, 2007 17. Second Reading of Ordinance No. 013, 2007,Authorizing the Conveyance of a Permanent Ditch Easement on Arapaho Bend Natural Area for Box Elder Ditch Lateral in Exchange for Vacation of Existing Prescriptive Rights. Flatiron Companies ("Flatiron") owns land on the east side of I-25, across from Arapaho Bend Natural Area. Historically,the land was farmed and irrigated via the Box Elder Ditch Lateral,which runs across Arapaho Bend. Flatiron mined gravel on the site and restored the site to a water storage reservoir many years prior to the City's acquisition of Arapaho Bend. Flatiron plans to fill the reservoir using the Box Elder Ditch Lateral. Although Flatiron has a prescriptive easement for the ditch lateral across Arapaho Bend, Flatiron has requested a permanent 60-foot wide easement that can be documented and conveyed to the future owners of the storage reservoir—New Cache la Poudre Ditch Company("New Cache"). New Cache will reconstruct and improve the existing ditch within the easement, and restore the area disturbed, according to the conditions agreed to in the new easement. This Ordinance, unanimously adopted on First Reading on January 16, 2007, authorizes the conveyance of the permanent easement. 18. Second Reading of Ordinance No.014,2007,Designating the David B.Lesher House, 1204 West Oak Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Ordinance No. 017, 2007, unanimously adopted on First Reading on January 16, 2007, designates the David B. Lesher House as a Fort Collins Landmark. The owners of the property, Don V. Bath and Maureen Somervell-Bath, are initiating this request. 19. Items Relating to the Issuance of City of Fort Collins Downtown Development Authority Subordinate Tax Increment Revenue Bonds, Series 2007A. A. Second Reading of Ordinance No. 016, 2007, Authorizing the Issuance of City of Fort Collins,Colorado,Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2007A, Dated Their Delivery Date, in the Maximum Aggregate Principal Amount of$5,700,000 for the Purpose of Financing Certain Capital Improvements, Capital Projects and Development Projects Within the Downtown Development Authority Area;and Providing for the Pledge of Certain Incremental Ad Valorem Tax Revenues to Pay the Principal of and Interest on the Bonds; Approving Documents in Connection Therewith; and Ratifying Action Previously Taken and Appertaining Thereto. B. Second Reading of Ordinance No. 017, 2007, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2007A,for the Purpose of Making Certain Capital Improvements,Capital Projects and Development Projects Within the Downtown Area of Fort Collins, Authorizing the Transfer of Appropriations Between Funds and Appropriating Expenditures from the DDA Debt Service Fund to Make the 2007 Payment on the Bonds 186 February 6, 2007 The City of Fort Collins created the DDA to make desired improvements in the downtown area. Through tax increment financing, the DDA has made significant contributions to the redevelopment and improvement of the downtown area. These two Ordinances, unanimously adopted on First Reading on January 16, 2007, contemplate additional improvements and initiate both a facade grant program and a cultural program in the downtown area. The first ordinance issues short term bonds for the projects which will be paid from the tax increment revenue. The second ordinance appropriates the bond proceeds to the DDA Operating Fund for the various projects. The total of the projects,programs and associated interest costs is $5,700,000. 20. First Readine of Ordinance No. 019,2007,Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Projects Fund - Drake and ZeigJer Road Improvements Project, Phase 11. Arterial street improvements are planned for Ziegler Road,from Environmental Drive south to Horsetooth Road (approximately 4,500 linear feet). 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. Staff has coordinated this project with the planned construction of a new trunk sewer line to be constructed by the City's water and wastewater utility. This is the second phase of the Drake Ziegler Project, a continuation of the roadway improvements constructed in 2005 of Drake Road from Timberline to Environmental Drive. A third phase of improvements to complete the arterial roadway will be constructed at a later date, once these drainage improvements are completed. 21. First Reading 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. 22. First Reading of Ordinance No. 021,2007,Amending Chapter 2 of the City Code to Create an Economic Advisory Commission. At the January 23,2007 work session,the City Council discussed changes and modifications to a draft Ordinance that would establish an Economic Advisory Commission for the City. There were several recommended changes that have been included in the Ordinance on First Reading. 187 February 6, 2007 23. First Reading of Ordinance No. 022, 2007, Submitting to a Vote of the Repistered Electors of the City of Fort Collins a Proposed Amendment to Article VIII of the City Charter Pertainine to the Board of Elections. This Ordinance submits to the voters at the April 3, 2007 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. 24. First Reading of Ordinance No. 023, 2007, Submittins 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 proposed Charter amendment asks the electors of the City of Fort Collins whether they wish to amend the City Charter so that the existing 20-year limit on franchises and leases would apply only to franchises. 25. First Reading of Ordinance No. 024, 2007, Amending Article 11 of Chapter 12 and Article XV of Chapter 15 of the City Code to Prohibit the Disposal of Electronic Goods in the Community's Waste Stream. This Ordinance 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. 26. First 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 to obtain a settlement by mutual agreement. An eminent domain authorization is proposed 188 February 6, 2007 for consideration by the Council in case no agreement can be reached regarding the acquisition of these two (2) 100-year flood plain easements from the landowners. 27. First Reading of Ordinance No. 025, 2007, Amending Certain Sections of the Latimer County Urban Area Street Standards by Repeal and Readoption Thereof. It is recommended that the"Latimer County Urban Area Street Standards" (Standards) be revised. 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 Latimer County and the City of Loveland on February 12, 2007, and February 20,2007,respectively. It is planned that the revisions to the Standards will become effective April 1, 2007. 28. First 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. The conveyance of this property to Lindenwood Home Owners Association is partial consideration for the acquisition of a Permanent Storm Water Easement on land belonging to the Association for the construction of a portion of the East Vine Diversion Channel. 29. First Reading of Ordinance No. 027, 2007, Desigi ating the Emma Brown/Susan Winter House as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owner of the property,Susan Winter,is initiating this request for Fort Collins Landmark designation for the property. The Emma Brown/Susan Winter House qualifies for individual Landmark designation under Landmark Standards (1) and (3). The property has historic significance to the city for its abilityto cone the Shields/Pros ect district's historic use for Sn Y Y p "gentleman farming." The property is also eligible for designation for its architectural significance,as a nearly intact example of Vernacular Architecture with Craftsman elements. Surrounded by one-half acre of mature landscaping,the property dates from the mid-1930s. The exterior integrity of the residence is very good, conveying all seven aspects of integrity: original location, design, setting,materials, workmanship, feeling and association. 189 February 6, 2007 30. First 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. 31. Resolution 2007-007 Authorizing the Initiation of Exclusion Proceedings in District Court Regarding the Exclusion 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 2006 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. 32. Resolution 2007-008 Making an Amendment to the Boards and Commissions Manual. The Boards and Commissions Manual (the "Manual") was adopted by City Council by Resolution 2001-026. The Clerk's Office annually prepares the Manual for members of boards and commissions which includes membership lists, descriptions of each board and commission, meeting schedules, conflict of interest guidelines, appeal procedures, and general information regarding membership limitations, attendance policies and other responsibilities. At its February 6,2007 meeting City Council will consider on First Reading,Ordinance No. 021,2007,creating a new Economic Advisory Commission. It is Council's desire to appoint members to this newly created Commission to three year terms. Existing board and commission memberships are appointed to four year terms. Resolution 2007-008 will amend the membership limitations section of the Manual to allow Council flexibility regarding board and commission membership terms. 33. Resolution 2007-009 Amending Various Boards and Commissions 2007 Work Plans. Council liaisons have reviewed 2007 Work Plans submitted by boards and commissions. On January 16,2007,Council gave direction(under other business)to amend the following 2007 Work Plans: • Affordable Housing Board 190 February 6, 2007 Art in Public Places Board • Cultural Resources Board • Natural Resources Advisory Board • Retirement Committee ***END CONSENT*** Ordinances on Second Reading were read by title by Deputy City Clerk Jensen. 7. Items Relating to the Adoption of the Northwest Subarea Plan. A. Hearing and Second Reading of Ordinance No. 208,2006,Amending Division 4.24 of the Land Use Code. B. Hearing and Second Reading of Ordinance No. 209, 2006, Amending the City's Zoning Map and Classifying for Zoning Purposes the Property known as the Northwest Subarea Plan Rezoning. 8. Second Reading of Ordinance No. 001,2007,Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. 9. Second Reading of Ordinance No. 002, 2007, Appropriating $250,000 from the Transportation Fund Reserves into the Mason Corridor Project Budget. 10. Second Reading of Ordinance No. 003, 2007, Amending Section 2-656 of the City Code Relating to the Reporting of Gifts, Honoraria and Other Benefits. 11. Second Reading of Ordinance No. 004, 2007, Amending Chapter 23 of the City Code by Changing Certain References therein From "Public" Property to "City" Property. 12. Second Reading of Ordinance No. 005, 2007, Amending Chapter 2, Article V, Division 3 of the City Code Pertaining to City Service Areas. 13. Items Pertaining to the Plank PLD & PD Annexation and Zoning. A. Second Reading ofOrdinance No.006,2007,Annexing Propertyknown as the Plank PLD & PD Annexation. B. Second Reading of Ordinance No. 007, 2007, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Plank PLD & PD Annexation. 14. Items Pertaining to the Liberty Farms Annexation and Zoning. A. Second Reading of Ordinance No. 008, 2007, Annexing Property Known as the Liberty Farms Annexation. 191 February 6, 2007 B. Second Reading of Ordinance No. 009,2007,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Liberty Farms Annexation to the City. 16. Second Reading of Ordinance No. 012, 2007, Authorizing the Conveyance of a Permanent Non-Exclusive Easement Over a Portion of the Eagle View Natural Area for Inundation by a Reservoir. 17. Second Reading of Ordinance No. 013, 2007, Authorizing the Conveyance of a Permanent Ditch Easement on Arapaho Bend Natural Area for Box Elder Ditch Lateral in Exchange for Vacation of Existing Prescriptive Rights. 18. Second Reading of Ordinance No.014,2007,Designating the David B.Lesher House, 1204 West Oak Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 19. Items Relating to the Issuance of City of Fort Collins Downtown Development Authority Subordinate Tax Increment Revenue Bonds, Series 2007A. A. Second Reading of Ordinance No. 016, 2007, Authorizing the Issuance of City of Fort Collins,Colorado,Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2007A, Dated Their Delivery Date, in the Maximum Aggregate Principal Amount of$5,700,000 for the Purpose of Financing Certain Capital Improvements, Capital Projects and Development Projects Within the Downtown Development Authority Area;and Providing for the Pledge of Certain Incremental Ad Valorem Tax Revenues to Pay the Principal of and Interest on the Bonds; Approving Documents in Connection Therewith; and Ratifying Action Previously Taken and Appertaining Thereto. B. Second Reading of Ordinance No. 017, 2007, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2007A,for the Purpose of Making Certain Capital Improvements,Capital Projects and Development Projects Within the Downtown Area of Fort Collins, Authorizing the Transfer of Appropriations Between Funds and Appropriating Expenditures from the DDA Debt Service Fund to Make the 2007 Payment on the Bonds 37. Second Reading of Ordinance No. 015, 2007, Amending Chapter 10 of the City Code Concerning Standards for Development in the Poudre River Floodplain in the City of Fort Collins. 41. Second Reading of Ordinance No.018,2007,Amending Certain Provisions of the City Code Pertaining to Signs in the Right-of-Way. Ordinances on First Reading were read by title by Deputy City Clerk Jensen. 192 February 6, 2007 20. First 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. 21. First Reading of Ordinance No. 020,2007,Dissolving the Library Board and Amending the City Code by Repealing Sections Relating to the Library Board. 22. First Reading of Ordinance No. 021, 2007, Amending Chapter 2 of the City Code to Create an Economic Advisory Commission. 23. First Reading of Ordinance No. 022, 2007, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article VIII of the City Charter Pertaining to the Board of Elections. 24. First Reading of Ordinance No. 023, 2007, Submitting 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. 25. First Reading of Ordinance No. 024, 2007, Amending Article II of Chapter 12 and Article XV of Chapter 15 of the City Code to Prohibit the Disposal of Electronic Goods in the Community's Waste Stream. 26. First Reading of Ordinance No. 010, 2007, Authorizing Acquisition By Eminent Domain Proceedings Of Flood Plain Easements for the Fossil Creek Drainage Project. 27. First Reading of Ordinance No. 025, 2007, Amending Certain Sections of the Larimer County Urban Area Street Standards by Repeal and Readoption Thereof. 28. First Reading of Ordinance No. 026, 2007, Authorizing the Conveyance of Certain Real Property in Section 6, Township 7 North, Range 68 West. 29. First Reading of Ordinance No. 027, 2007, Designating the Emma Brown/Susan Winter House as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 30. First 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. 40. First Reading of Ordinance No. 030, 2007, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article II, Section 1(e) of the City Charter Pertaining to the Term of Office of Mayor. Councilmember Manvel made a motion, seconded by Councilmember Weitkunat, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. 193 February 6, 2007 THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Weitkunat commented on item#33 Resolution 2007-009Amending Various Boards and Commissions 2007 Work Plans. Councilmember Manvel commented on item #21 First Reading of Ordinance No. 020, 2007, Dissolving the Library Board and Amending the City Code by Repealing Sections Relating to the Library Board. He thanked those who served on the Library Board over the years. Councilmember Ohlson commented on item #12 Second Reading of Ordinance No. 005, 2007, Amending Chapter 2, Article V, Division 3 of the City Code Pertaining to City Service Areas and noted this was a major and positive reorganization that had been needed for a long time. He requested a hard copy of the detailed flow chart. He also commented regarding item #20 First 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 and requested information on the environmental issues prior to Second Reading. City Manager Atteberry stated the new organization chart would be distributed after Second Reading and that he would request that information be provided to the Council on environmental issues relating to the Drake and Zeigler Road project. Councilmember Reports Councilmember Manvel reported on the selection process for the new Library District Board. He stated the Commissioners and the Council would work out an intergovernmental agreement at a later date. Councilmember Kastein reported on progress on a steering committee for the RTA and noted Weld County had expressed interest in forming its own RTA. Councilmember Manvel asked if there was interest at the State level in looking at new funding for transportation. Councilmember Kastein had not heard of any legislative item coming forward on transportation. Councilmember Ohlson noted the Governor would be making a proposal in the next few weeks for creating a statewide transportation committee to look at transportation funding issues. Councilmember Weitkunat reported on the Downtown Development Authority discussions relating eP P Y g to the DDA providing up to $600,000 in local matching funds for the Mason Street Corridor;DDA funding for newspaper corrals on College Avenue; negotiations relating to the downtown hotel project; Tenney Court alley improvements; and the "Big Idea" process for citizen input at DDA meetings. She also reported that she testified at the State Senate Local Affairs Committee and presented the City's position about enclave annexation legislation (SB 89) and the bill died in committee. 194 February 6, 2007 Councilmember Kastein asked what was happening at the State level on transportation funding. Mark Radtke, Legislative Affairs Coordinator, stated Governor Ritter was forming a Blue Ribbon Panel to look at transportation funding issues. Councilmember Manvel asked if something could come out ofthe Blue Ribbon Panel process during this session. Radtke stated this was possible and there could be a revenue enhancement measure on the November ballot. Ordinance No. 015, 2007, Amending Chapter 10 of the City Code Concerning Standards for Development in the Poudre River Floodplain in the City of Fort Collins, Postponed to February 20, 2007. The following is staffs memorandum on this item. "EXECUTIVE SUMMARY 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 foodplain regulations for the Poudre River. Properties in the Poudre River foodplain 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. " Mayor Hutchinson noted Councilmember Brown had formally requested that this item be postponed so that he could be present for consideration. He noted there was a split vote on First Reading and this was not a time-sensitive item. Councilmember Ohlson made a motion, seconded by Councilmember Manvel,to postpone Second Reading of Ordinance No. 015, 2007 to February 20, 2007. Yeas: Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION TO POSTPONE CARRIED. Possible Restoration of Some Library Services That Were Discontinued as the Result of Budget Cuts, Motion Adopted to Restore Services. The following is staff s memorandum on this item. 195 February 6, 2007 "EXECUTIVE SUMMARY Does Council support a restoration of some library services before the Library District Board of Trustees assumes the operation of the library? BACKGROUND On November 7, 2006 voters approved and provided funding for the Fort Collins Regional Library District. The District was established by Council action, effective on January 1, 2007. A library district board is currently being selected and must be approved by the City Council and County Commissioners. State law requires the City, County and District to enter into an Intergovernmental Agreement within 90 days after the Trustees are approved. Staff is recommending the transfer of library operations to the District once the IGA is finalized. In response to public requests, library staff would like to restore open hours of operation that were cut during budget reductions. This means restoring hours on Thursday evenings at the Main library and opening earlier on Saturdays at Harmony Library. Staff would also like to bring back book drops and provide more children's story times. The cost to restore these services is approximately $9,000 per month. The City's General Fund is now covering the cost ofproviding library services. The City will seek reimbursement from the District for these costs. It is reasonable to believe that the new library district board would support the restoration of these services because they are consistent with the improved library services identified in the ballot question creating and funding the District. Specifically the ballot said taxes would pay for services, such as: • Maintaining, improving and expanding library services and facilities • Increasing hours of operation at Main and Harmony Libraries • Opening and operating a proposed new Southeast Branch Library • Providing enhanced library services and operations such as reestablishing and adding new book drops in Fort Collins and the surrounding area, buying new books and media and improving programs for children, teens and adults. Additionally, these services can be restored on a short-term basis using temporary hourly staff afforded by current vacancy savings. Restoration of library services in this way would not lock the new district board into any set course ofaction and leaves the door open for the new board to design the library district's services according to their wishes. Anticipated revenues from the voter approved mill levy will be in the range of$5.6 million and the amount that would be spent for these temporary improvements before operations are turned over to the District would likely be less than $50,000. Staff would like to restore these services for the following reasons: • Citizens are eager to enjoy restoration of the library services. • Library patrons have been asking library staff daily when library hours will be restored. 196 February 6, 2007 • Community groups have requested to reserve the Main Library meeting room on Thursday evenings and the Harmony Library meeting room on Saturday mornings. • Scores of residents are waiting to use the Harmony Library on Saturday mornings and in many cases, this is the only time they have to do so because of employment schedules. • Residents in outlying areas ask daily about when we will bring back the book drops that were eliminated and when more programs can be expected. • Funds collected from library district taxes will be paid to the library district beginning in April 2007." Marty Heffernan,CLRS Director,stated staff would give a presentation about the services that could be restored. Brenda Cams, Library Director, stated the voters approved the new Fort Collins Regional Library District last November. There had been many requests to reinstate the services that were mentioned in the ballot language. The anticipated revenue for the Library District was $5.77 million and the funds would be available in mid-April after the new Library Board was seated. The intent was to reimburse the costs of the reinstated services once the Board was seated. Staff was interested in restoring the following services based on the inquiries that had been received: normal Saturday hours at the Harmony Library, increased hours at the main library, and restoration of story time hours. The estimated cost for the restored services would be about$4,800 per month and temporary hourly help would be used. There were also many requests to add community book drops and courier services at a cost of about$4,200 per month. The restoration of services would not lock the new Library Board into any ongoing commitment for the services. Marty Tharp, 601 Birky Place,expressed disappointment with the slow process for getting the new Library Board seated. She noted that the ballot language specifically addressed the reinstatement of the services that were proposed for restoration(hours and book drops)and such restoration should be automatic when the new Library Board takes office. She urged the Council to restore the library services by footing the bill until April, at which time the City would be reimbursed. Councilmember Weitkunat made a motion,seconded by Councilmember Manvel,to restore library services relating to book drops and hours before the Library District assumes the operation of the library. Councilmember Kastein stated the library services should be restored and thanked Ms.Tharp for her work on the ballot issue. Councilmember Weitkunat stated everyone wanted to get library services restored as quickly as possible, provided the City would be reimbursed. Councilmember Roy stated the voters had spoken on library services. 197 February 6, 2007 Councilmember Manvel stated there would be a minimal cost to get an "immediate reward" by restoring the services. The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. City Manager Attebeny asked staff to explain when the services could be restored. Carps stated the evening hours could be restored as soon as staff could be scheduled and book drops could be restored as soon as a courier was hired. Ordinance No. 030, 2007, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article II, Section l(e) of the City Charter Pertaining to the Term of Office of Mayor Failed to Pass on First Reading. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY This proposed Charter amendment would change the current two-year term for the length ofservice for the office of mayor to a four year term, commencing in April, 2007. BACKGROUND At its January 23, 2007, work session, City Council directed staff to draft a Charter amendment that would lengthen the term length for the office of mayor from two years to four years. Fort Collins is the fifth largest city in Colorado, and the only city among the nine largest to have a two-year, rather than a four year term for mayor. The tenth and eleventh largest cities (Boulder and Pueblo) do not directly elect a mayor. The next largest cities — Greeley, Longmont and Loveland have two-year terms for mayor. The proposed Resolution would present to the electors of the City the question ofextending the term of the Mayor from two years to four years. Three options for transitioning to a four year mayoral term are being presented to the Council. Each spells out the timing of the proposed change and the effect that each would have on the number ofconsecutive terms that the incumbent Mayor would be eligible to serve. After the transition period, the term limits would conform to the limits that apply under the State Constitution, namely, a maximum oftwo, consecutive,four-year terms. The options are as follows: 198 February 6, 2007 OPTION "A": (maximum of six years for the incumbent Mayor) Shall Article II, Section 1(e) of the Fort Collins City Charter be amended to state that the term of the Mayor shall be four years rather than two years, beginning in April, 2007; that any person who is elected Mayor at both the April, 2005 election and the April, 2007 election will be ineligible for re-election as Mayor in 2011;and that any other person elected as Mayor in 2007 or thereafter will be eligible to serve a maximum of two, consecutive,four-year terms as Mayor? OPTION "B" maximum. ( of eight years for the incumbent Mayor) Shall Article II, Section 1(e) of the Fort Collins City Charter be amended to state that the term of the Mayor shall be four years rather than two years, beginning in April, 2009; that any person who was elected Mayor at both the April, 2007 election and the April, 2009 election, will be ineligible for re-election as Mayor in 2013;and that any other person elected as Mayor in 2009 or thereafter will be eligible to serve a maximum of two, consecutive,four-year terms as Mayor? OPTION "C": (maximum of ten years for the in c um ben t Mayor) Shall Article II, Section I(e) of the Fort Collins City Charter be amended to state that the term of the Mayor shall be four years rather than two years, beginning in April, 2007, and that the person who is elected Mayor at the April, 2007, election and thereafter will be eligible to serve a maximum of two, consecutive four year terms?" Mayor Hutchinson stated he had filed a Conflict of Interest Statement and would recuse himself from the Council's discussion and vote on this matter. Mayor Pro Tern Weitkunat would chair the meeting for this agenda item. ("Secretary's Note: Mayor Hutchinson left the meeting at this point.) Mark Radtke, Legislative Affairs Coordinator, noted Council had requested research on mayoral terms in other Colorado cities and the top nine had four-year terms while Fort Collins (the fifth largest Colorado city)had a two-year mayoral term. He stated Loveland,Greeley and Longmont had two-year terms. City Attorney Roy outlined the options available for Council consideration and noted that the options were framed in terms of the impact on the current Mayor. He stated the State Constitution included a provision that imposed limits on the number of consecutive terms that local elected officials can serve. He stated this limit was two consecutive terms unless the term was two years or less,in which case the limit was three consecutive terms. He stated there was also a constitutional provision that gives Home Rule cities the authority to eliminate or modify those term limits. He stated if this measure was placed on the ballot the Council needed to be explicit about the intended effect on the number of consecutive terms that could be served by the incumbent Mayor to the extent that may differ from the normal constitutional limit. Mayor Pro Tern Weitkunat noted that three options had been prepared. 199 February 6, 2007 Councilmember Kastein made a motion,seconded by Councilmember Ohlson, to adopt Ordinance No. 030, 2007 (Option B: a maximum of eight years for the incumbent Mayor) on First Reading. City Attorney Roy stated this option would provide that the change would take effect in April of 2009 and would provide that any person elected as Mayor in 2007 and 2009 would be ineligible for reelection in 2011. The net effect would be two two-year terms and one four-year term. Councilmember Ohlson stated he seconded the motion for discussion purposes. The status quo was working fine and no incumbent Mayor had been defeated or"seriously challenged." If the Mayor was doing a good job it was not"onerous"to have to run for reelection. A two-year mayoral term works fine because it allows a majority of Council to turnover in every election cycle. Councilmember Manvel stated he preferred Option B out of the three options. He wanted to hear the Council discussion before deciding whether or not to support the motion. There were some good arguments for a four-year mayoral term. Councilmember Roy stated a two-year mayoral term helped keep a"balance" on the Council. He would like to preserve that "cycle of balance"for the citizens. Councilmember Kastein did not think the two-year term was a good idea and a four-year term was "slightly better." It was costly and time consuming to run for Mayor and the Mayor's job was already a"full-time job." A two-year term could mean a Mayor was looking at the short term rather than the long term in making a decision and "politics could play too much of a role"in a two-year election cycle. Mayor Pro Tern Weitkunat commented this would place the issue before the voters to decide. She noted the Mayor was elected at large and had a very different role than the Mayor had 15 years ago. If the Mayor was constantly changing there was a "lack of continuity" in the community and the region. She urged the Council to let the voters decide how they wanted the Mayor to represent the community. The two-year term did not work with the"politics of the State"and involvement with the community. It was important to have a four-year Mayor and the voters should be asked to decide how they viewed the role of the Mayor in the region. Councilmember Ohlson cautioned Council to be careful about placing a Charter amendment on the ballot. Nothing was broken and he would not support placing the measure on the ballot. Councilmember Roy stated the experience over the last eight years indicated the current two-year term length was working. He had not heard any community comments about the need for a four-year Mayor. The vote on the motion was as follows: Yeas: Councilmembers Kastein and Weitkunat. Nays: Councilmembers Manvel, Ohlson, Roy. (Mayor Hutchinson absent) THE MOTION FAILED TO PASS. ("Secretary's Note: Mayor Hutchinson returned to the meeting at this point.) 200 February 6, 2007 Ordinance No. 018,2007, Amending Certain Provisions of the City Code Pertaining to Signs in the Right-of-Way. Adopted on Second Reading The following is staff s memorandum on this item. "EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on January 16, 2007 by a vote of 6-1 (Nays: Kastein), deals with the City's ability to remove illegally placed signs from public property and right-of-way and the circumstances under which the signs may be removed and destroyed without notice. " City Manager Atteberry stated staff was available to answer questions. This item was on the discussion agenda because of the split vote on First Reading. Mayor Hutchinson stated each audience participant would have five minutes to speak. Chris Campbell,5410 Fossil Court North,questioned whether realtors would be able to put out open house signs. He asked that the ordinance be postponed for additional work to allow a revocable permit for open house signs in the public right-of-way. He read some of the language from the Colorado Springs ordinance that had this kind of system. George Culpepper,Jr.,Governmental Affairs Director for the Fort Collins Board of Realtors,stated homeowners were concerned about replacing the 10-day waiting period with the 24-hour enforcement. Amore reasonable time period would be 96 hours. The ordinance would affect those who do not know where the public right-of-way exists and want to post yard sale and "for sale by owner"signs. The City of Colorado Springs had a temporary sign permit process for construction, real estate, mall complex signs, political, garage sale, banner, and off premises open house signs. He asked that the ordinance be postponed to allow more work on this issue. Councilmember Weitkunat asked if these issues had been considered in preparing the ordinance. City Attorney Roy stated the ordinance would apply to all signs in the right-of-way and moving the provision in the Code would not change the prohibition against private signs in the right-of-way. That provision had been in effect for a number of years. There had been a lengthy discussion about the change from the 10-day waiting period to the 24-hour provision and his understanding was that this was Council's direction. Councilmember Weitkunat asked if there had been discussion about an exemption for real estate open house signs. City Attorney Roy stated the only proposed policy change was the manner and speed for removal by the City of offending signs. Councilmember Ohlson asked for clarification of the effect of this ordinance i.e., that private signs in the right-of-way were already covered elsewhere in the Code. City Attorney Roy stated real estate signs were already prohibited in the right-of-way under the Code. 201 February 6, 2007 Councilmember Ohlson suggested adopting this ordinance on Second Reading and then looking at crafting an ordinance that would allow real estate open house signs within "strict and appropriate guidelines." He suggested working with the real estate community on an enforceable ordinance that would give people the"tools of the trade"they needed and would be enforced for those who posted signs illegally. Another option would be to allow the display of signs for a specified period of time. Councilmember Kastein favored looking at the possibility of a revocable permit. He asked if someone would receive a citation for having a sign in the right-of-way. City Attorney Roy stated someone who placed or authorized placement of a sign could be cited for either placing a sign illegally in the right-of-way or for failing to remove the sign within the requisite period of time after receiving notice. The citation would be a last resort used in an egregious situation with repeated offenders. Councilmember Kastein expressed concern that a candidate whose name appeared on a sign might be required to leave work to remove a sign posted by someone else. City Attorney Roy stated the ordinance would make the requirement clearly applicable to political, for sale and any other kind of sign. The business or interest promoted on the sign would receive notice that the illegally posted sign must be removed within 24 hours or a citation could be issued. Councilmember Kastein asked if he posted a Century 21 sign in the right-of-way outside of his home, if Code Enforcement would call him or the realtor. City Attorney Roy stated the City would attempt to contact the person or entity whose business interests or activities were furthered or promoted by the sign. The City could contact either or both the property owner and the real estate company. City Manager Atteber y stated staff would probably contact the realtor first. Councilmember Roy made a motion,seconded by Councilmember Ohlson,to adopt Ordinance No. 018, 2007 on Second Reading. Councilmember Ohlson commented the intent was to avoid having people knowingly put up dozens or hundreds of illegal signs. He doubted many tickets would actually be issued because the City always worked first to abate the nuisance rather than to charge someone for the offense. He expressed an interest in looking at allowing open house signs with proper restrictions. Mayor Hutchinson asked when staff could prepare an ordinance relating to real estate and other signs posted by citizens. City Attorney Roy stated the staff time would depend on the direction as to whether the ordinance should apply only to real estate signs or if it should apply across the board to content neutral signs. Councilmember Ohlson stated he would be interested in a broader ordinance that was not limited to commercial signs. He wanted to work with the real estate industry to come up with regulations with"real guidelines"that would actually be enforced. Mayor Hutchinson asked if there should be a work session on this issue. Councilmember Ohlson wanted to open up the discussion for all types of temporary signs. He asked if the existing ordinance could be suspended until the Council had considered an ordinance dealing 202 February 6, 2007 with this issue. He noted the existing ordinance was not being enforced anyway. Councilmember Roy suggested this discussion could be part of the next round of Land Use Code revisions. City Attorney Roy stated it would be up to management staff to determine what kinds of restrictions regarding time,manner and place should be used in crafting a revocable permit system. City Manager Atteberry stated he would like to discuss the time frame for preparation of an revocable permit ordinance with the staff. Councilmember Weitkunat suggested looking at the Colorado Springs ordinance as a starting point. Councilmember Ohlson stated he would like to consider a broader ordinance that would allow signs other than real estate signs. He did not want to focus on one industry to the exclusion of small "home industries." The vote on the motion was as follows: Yeas: Councilmembers Hutchinson,Manvel,Ohlson, Roy and Weitkunat. Nays: Councilmember Kastein. THE MOTION CARRIED. Ordinance No. 002,2007, Appropriating $250,000 from the Transportation Fund Reserves into the Mason Corridor Project Budget Adopted on Second Reading The following is staff s memorandum on this item. "EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 16, 2007, appropriates the necessary funding into the Project budget to complete the Preliminary Engineering and Environmental Assessment(PE/EA)work for the Mason Corridor Project. This work is necessary to advance the City's funding request for the Mason Corridor Project with the Federal Transit Administration. " City Manager Atteberry stated this item was withdrawn from the Consent Calendar by a citizen and staff was available to answer questions. Mayor Hutchinson stated each audience participant would have five minutes to speak. Nick Tompkins,635 1/2 South Whitcomb,stated money should not be used from the Transportation Fund Reserves for this purpose. Those funds was needed for other purposes such as fixing potholes and improving transit service. Mayor Hutchinson asked staff to expand on the leveraging of these funds for the broader Mason Street Corridor project. City Manager Atteberry stated on February 13 there would be work session on the entire Mason Street Corridor project. Kathleen Bracke, Senior Transportation Planner,stated the funds would allow the preliminary engineering and environmental analysis to be completed for 203 February 6, 2007 the overall Mason Street Corridor design in preparation for submission to the Federal Transit Administration to leverage federal transit funding. The timeframe was important to allow the project to be finished this year. Staff was requesting that the money be moved from Reserves into the project funding account to allow staff to move ahead with the design and meet federal deadlines. Councilmember Kastein asked if,after the work session,the Council decided that the Mason Street Corridor was a bad idea would this $250,000 would still be spent. City Manager Atteberry stated if staff received direction from a majority of the Council that the project should not proceed, staff would not spend this money. Councilmember Ohlson asked if this money could be used for pothole repair or expanding the transit system. Bracke stated the money from the Transportation Capital Reserves could be used for other transportation capital expenses. City Manager Atteberry stated the funds were not for ongoing operational costs and were one-time dollars available to be used for capital expenses. Staff strongly supported this project for economic development and land use. This was potentially a$68 million capital investment in the future of Fort Collins. The project was a multifaceted approach to keeping Fort Collins economically vibrant and a best practices community. Councilmember Kastein asked if the City had enough money to fill all of the potholes resulting from the harsh winter. City Manager Atteberry stated the first task was to replenish the more than $1 million that was spent for snow removal. The City was filling potholes and money would be found from Reserves to complete that work.He would be meeting with staff to determine the costs for the pothole work. Councilmember Weitkunat noted this expenditure of$250,000 would potentially generate$10412 million in revenue. It was critical to move forward with at least the downtown portion of the project. Councilmember Roy made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance No. 002, 2007 on Second Reading. Yeas: Councilmembers Hutchinson,Kastein,Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Ordinance No. 011,2007, Authorizing the Conveyance of Certain Small Tracts of Land in the Pineridge Natural Area Located within the Burns Ranch at Quail Ridge Subdivision from the City of Fort Collins to Burns Ranch Open Space Non-Profit Corporation,• Postponed Indefinitely on Second Reading, The following is staffs memorandum on this item. "EXECUTIVE SUMMARY Ordinance No. 011, 2007, unanimously adopted on First Reading on January 16, 2007, authorizes conveyance of certain small tracts of land in the Pineridge Natural Area located within the Burns Ranch at Quail Ridge Subdivision to Burns Ranch Open Space Non-Profit Corporation. This 204 February 6, 2007 Corporation was formed for the purpose of owning and maintaining the property to be conveyed in order to save the City costs associated with the maintenance of these areas. " Mayor Hutchinson noted that this item was recommended for indefinite postponement. City Manager Atteberry explained the reasons for indefinite postponement. Councilmember Manvel made a motion, seconded by Councilmember Roy, to postpone Second Reading consideration of Ordinance No.011,2007 indefinitely. Yeas:Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION TO POSTPONE CARRIED. Ordinance No. 021, 2007, Amending Chapter 2 of the City Code to Create an Economic Advisory Commission Adopted on First Readies The following is staffs memorandum on this item. "EXECUTIVE SUMMARY At the January 23, 2007 work session, the City Council discussed changes and modifications to a draft Ordinance that would establish an Economic Advisory Commission for the City. There were several recommended changes that have been included in the Ordinance on First Reading. BACKGROUND The City Council formed the Economic Vitality and Sustainability Group(EVSAG)in 2004 to advise the City on economic health issues. EVSAG submitted a report and recommendations on strategies and tactics for making improvements in the local economy that has served as the basis for the City's Economic Action Plan. The authorizing legislation that created EVSAG also included a sunset provision that called for the elimination of EVSAG on December 31, 2006 The City Council has discussed its desire to continue to have an independent group of community members who would advise it on general economic issues, strategies, challenges, and potential solutions. Staff has taken information from the Council's retreat discussion regarding a potential Commission, integrated specific commentsfrom the January 23, 2007 worksession on the topic and crafted a proposed ordinance that will authorize the formation of an Economic Advisory Commission whose main purpose will be 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. " City Manager Atteberry stated staff was available to answer any questions. Mayor Hutchinson stated each audience participant would have five minutes to speak. 205 February 6, 2007 Eric Kronwall, 1119 Monticello Court, spoke in support of creation of an Economic Advisory Commission. Councilmember Kastein asked how long before the Commission would be appointed. Councilmember Weitkunat stated a resolution was needed to appoint a Council liaison to do the interviews for this Commission. This could be done on February 20. She asked that Council direct staff to come forward with the resolution so the Commission could be in place by April. Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 021, 2007 on First Reading. Councilmember Ohlson stated this Commission was unnecessary and it was inappropriate to focus on a few different categories. He did not agree with the word"continually"in the first WHEREAS clause in the following language: ". . . the City Council can monitor and attempt to continually improve the economic health and sustainability of the community." He suggested eliminating the word"continually." He also disagreed with the language in another WHEREAS clause that stated the membership of the Commission should have "strong" representation from the business community. He suggested removing the word"strong"and replacing it with the word"including." He offered a friendly amendment to make these two changes. Councilmembers Weitkunat and Kastein agreed to the friendly amendment to their motion. Mayor Hutchinson emphasized this was "significant event" that would be very worthwhile. Councilmember Weitkunat commented that this was an important and timely action. She requested an indication from the Council in favor of moving ahead with a resolution to appoint a Council liaison to the Commission. Mayor Hutchinson noted the indication from the Council was in favor ofbringing the resolution back for Council consideration. Councilmember Ohlson wanted this Commission to be a"think tank rather than a lobbying group." The Commission's strength would be in its diversity. Councilmember Kastein wanted the Commission to determine what the City's role should be in the City's economy. The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. 206 February 6, 2007 Ordinance No. 010, 2007, Authorizing Acquisition By Eminent Domain Proceedings Of Flood Plain Easements for the Fossil Creek Drainage Proiect Adopted on First Reading_ The following is staff s memorandum on this item. "FINANCLIL IMPACT The acquisition costs will be covered by the project budget, even if condemnation is required. The project is funded by Stormwater Utility Fees through the Stormwater Capitallmprovement Program. If condemnation is required,funds are available in the project budget. EXECUTIVE SUMMARY The present City 100 year floodplain boundary near Trilby Road and the Union Pacific Railroad right-of-way encompasses 105 homespresently 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 oftwo(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 staffhas conducted several meetings and communications with the landowners and will continue these efforts into the future in order to obtain a settlement by mutual agreement. An eminent domain authorization is proposed for consideration by the Council in case no agreement can be reached regarding the acquisition of these two (2) 100 year flood plain easements from the landowners. BACKGROUND In the aftermath of the 1997 flood, the City of Fort Collins adopted a new and expanded floodplain along Fossil Creek. This newfloodplain was based on updated rainfall data in the Fort Collins area and represents the most accurate estimate ofpotential flooding based on accepted Civil Engineering practices. The new floodplain had the result ofplacing 105 homes in the Paragon Point and Stanton Creek Subdivisions in the 100 year floodplain. The Fossil Creek Basin Stormwater Master Plan, adopted by Fort Collins City Council in 2004, recommended the construction of two new 120-inch diameter culverts through the Union Pacific Railroad embankment on Fossil Creeksouth of Trilby Road. The single existing culvert through the railroad embankment does not have the capacity to pass the peakflow from a 100 year storm, and without additional capacity,severe flooding of homes can be expected in Paragon Point and Stanton Creek Subdivisions by water backing up behind the railroad embankment. Another risk is the catastrophic failure of the railroad embankment that would damage and flood homes and property downstream. The two new proposed culverts will allow a higher rate of flow through the railroad embankment and reduce the level of flooding upstream of the railroad embankment. Construction of the two Master Planned 120-inch culverts will remove all 105 homes from the 100 year floodplain. In addition, the new culverts will be constructed five feet above the existing creek bed and will only activate during large flood events. 207 February 6, 2007 This will result in no year in, year out impact to the wetlands and natural environment along the creek. Due to the increased rate of floodwater flow through the railroad embankment during a 100 year storm, the project will result in some increases in the 100 year floodplain downstream of the railroad embankment. As a result of the proposed flood prevention project, two private properties east of Timberline Road and adjacent to Fossil Creek Reservoir will have an increased 100 year floodplain. The increase in the 100 year floodplain on one property is 2.559 acres and on the other property 0.284 acres. Neitherproperty has any development on the proposed floodplain easements. Both landowners were approached by staffin August 2006 to discuss the flooding issues, the impacts on their property, and floodplain easement issues. Since that time communication has continued with the landowners, including additional meetings, responding to requests for additional information, many subsequent letters, the City providing a survey on their properties showing the proposed easements, and numerous telephone conversations. Independent appraisals for the floodplain easements were completed and offers were made based on the appraisals. To date, no agreement has been reached with either landowner in the resolution of this floodplain easement issue. Staff is asking for authorization to use eminent domain to acquire the two 100 year floodplain easements iffurthergood faith negotiations with the land owners fail. Staffwould always prefer to negotiate a mutual settlement and agreementfor the acquisition ofthese easements and will continue to work towards that end. Construction of the new proposed culverts through the Union Pacific Railroad Embankment will result in a very significant reduction in the threat to flooding of homes along Fossil Creek and therefore, staff recommends adoption of the Ordinance on the First Reading. City Manager Atteberry stated staff was available to answer questions. Councilmember Manvel thanked staff for providing a map and noted the map showed the houses that were being removed from the floodplain because of the culvert projects. He asked why there were new houses that needed to be removed from the floodplain. Bob Smith, Water Planning and Development Manager, stated in 1999, after the Paragon development was developed, the City changed the rainfall standard which meant more run-off and a constriction downstream of the Paragon development at the railroad track. This project would let more water through the embankment and reduce the floodplain. Councilmember Manvel noted that on the east side of the railroad embankment the floodplain seemed to expand near the culverts and then became narrower further east. Smith stated the addition of more capacity under the railroad embankment had a tendency to shrink the floodplain. Councilmember Manvel asked if the change reflected old culverts that had been put in but were not yet remapped, as well as the new culverts. Smith replied in the affirmative. 208 February 6, 2007 Councilmember Manvel asked about the impacts of increased flow east of Timberline Road and whether there was any discussion of easements to the south because that property was public property or wetlands. Smith stated that was part of a North Poudre reservoir that would have water when it backed up into that area. Councilmember Manvel asked if small acreages would potentially be added to the floodplain to the north and ifthe proposal was to compensate owners for that impact. Smith replied in the affirmative. Councilmember Manvel asked if the negotiations were continuing with the owners to determine the appropriate compensation for that impact. Smith replied in the affirmative. Mayor Hutchinson asked about the appraisals on the properties. Patrick Hyland, Real Estate Specialist, stated two appraisals were done to determine the fair market value of the easements. Councilmember Manvel made a motion, seconded by Councilmember Kastein,to adopt Ordinance No. 010, 2007 on First Reading. Councilmember Kastein thanked staff for its work and the additional data that convinced him that all options had been explored in the negotiations. The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. City Manager Atteberry recognized the real estate staff s work on this "superb product." Adiournment The meeting adjourned at 8:05 p.m. Mayor ATTEST: City Clerk 209 February 20, 2007 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting- 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 20, 2007, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers:Brown,Hutchinson,Kastein,Manvel,Ohlson,Roy and Weitkunat. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Mayor Hutchinson stated each audience participant would have three minutes to speak. Pete Seel,Board of Directors of the Fort Collins Public Access Network, 1837 Scarborough Drive, requested suitable space for equipment storage for public access television. Jason Green, ASCSU, introduced Vanessa Conway, the new Director of Community Affairs for ASCSU. Tim Wunsch, 4212 Durango Place, spoke in support of an ordinance P PP a relating to sanctions for employment of illegal aliens. Peter O'Neill, 3346 Egret Court, supported an ordinance relating to sanctions for those employing illegal aliens. Neil Hurst, 5221 Griffith Drive, asked the voters to vote to repeal the Southwest Enclave Annexation. Gerry Becher, Fort Collins Public Access Network, 204 Mae Street, asked for Council support for expediting the intergovernmental agreement process to allow the Public Access Network to move ahead as the designated access provider for the community. Karen Rose, 5200 Parkway Circle East, asked why the City Manager received a 6.5% increase in total compensation when the salary increase was 2.3%. She questioned the creation of"confusing" ballot language relating to the Southwest Enclave Annexation. She had requested that Council state it was never the intent to use open space as a boundary to encircle an enclave and to "correct"this in the open space initiative language. James Ross,Human Relations Commission member,944 Pioneer Avenue,stated he was addressing the Council as a concerned citizen. He expressed concern that the draft illegal alien ordinance would 210 February 20, 2007 exceed federal and state statutes on immigration. He spoke regarding individual liberty and stated "excessive monitoring"was not an attraction for those moving here. The proposed ordinance could potentially be"intrusive"and could force Fort Collins taxpayers and businesses to pay an unknown amount of dollars for the enforcement of"more red tape"for contractors and subcontractors doing business with the City. John Gascoyne,718 West Mountain Avenue,spoke in opposition to the proposed ordinance relating to employment of illegal aliens. The ordinance would work against the best interests of the City and would have the City act in ways that were the province of the federal government. Enforcement could lead to expensive litigation. Frank Gibson,826 Ashford Lane,opposed the proposed ordinance relating to employment of illegal immigrants. He asked the Council to stand up to "rampant fear" and not treat immigrants as "one huge class of criminal suspects." He asked the Council to call upon Congress to enact comprehensive immigration reform with a companion action to partner with Mexico to "hammer out' an economy that will offer Mexicans a future in their own country. Roberto Valdez, southwest Fort Collins resident, spoke against the proposed ordinance promoting sanctions against local employers hiring undocumented workers. He stated arguments for the ordinance were based on incomplete or"distorted"information. No comprehensive study had been done about the economic impacts of illegal immigration. Gloria Vondarom, Fort Collins native, opposed the proposed ordinance relating to undocumented workers and questioned whether enforcement of such an ordinance would be unfunded. Lawsuits would result from adoption of the ordinance. The ordinance would be "anti-immigration" and "racist" as well as a "path to profiling." She questioned how small businesses would be impacted by the requirement for verification of immigration status. Racism would once again be"blatant'if this ordinance was adopted. Shirley Malin,2013 Custer Drive and"legal'immigrant,supported the proposed ordinance relating to undocumented workers and stated the concern was uninvited "illegal'immigration. The value of this country needed to be preserved by allowing only invited and legal immigration. Cheryl Distaso, 135 South Sunset Street, opposed the proposed ordinance regarding employing illegal aliens. It would be expensive to implement such an ordinance and would not meet the stated objectives. The City would not have the resources or expertise to enforce such an ordinance. Mary Detweiler, 4255 Westshore Way, spoke in opposition to the proposed illegal immigration ordinance for practical, economic and humanitarian reasons. Mayor Hutchinson noted the 30 minutes allocated for Citizen Participation had been used and asked the Council if Citizen Participation should continue. The consensus was to allow Citizen Participation to continue for the people standing in line. Nancy York, 130 South Whitcomb, opposed the proposed ordinance regarding employing illegal 211 February 20, 2007 aliens and objected to the$180,000 cost of implementation. She suggested that climate change was a much more important issue for the Council to work on. Bob Michael, 1212 Raintree Drive #A5, supported the proposed ordinance regarding employing illegal aliens. Vivian Armendariz, 870 Merganser Drive,Apt. 908, spoke in opposition to the proposed ordinance relating to employing illegal aliens. She stated this would be a discriminatory ordinance. Jessica Larson,411 East Prospect, CSU graduate student, opposed the proposed ordinance relating to employing illegal aliens as the ordinance would impact small businesses and"people." Karen Roble,Fort Collins resident, supported the proposed ordinance relating to employing illegal aliens. She stated small businesses should have a"sense of responsibility" about hiring only legal workers. Mark Lanning, CSU student, spoke in opposition to the proposed ordinance relating to employing illegal aliens. He stated this would be a"racist"ordinance that would be unconstitutional. Zach Heath,408 East Elizabeth,opposed the proposed ordinance relating to employing illegal aliens. He stated the issue of illegal immigration needed to be solved at the federal level. Roger Dodds, 2813 Seccomb Street, spoke in opposition to the proposed ordinance relating to employing illegal aliens and stated more time was needed to study this "hasty"ordinance. Mayor Hutchinson stated he would allow one more speaker under Citizen Participation. Laura Light,CSU student, opposed the proposed ordinance relating to employing illegal aliens and questioned whether it would be a viable and affordable solution to the problem. Citizen Participation Follow-up Mayor Hutchinson thanked everyone who spoke during Citizen Participation. He requested that staff explain the total compensation for City Manager Atteberry. Janet Miller,Interim Human Resources Director, stated the percentage of increase for the City Manager's salary was based on base pay. FICA was included in the 2007 salary ordinance and this was the first year that FICA was included in the total compensation figure in the ordinance. Councilmember Roy stated the Council was willing to compensate the City Manager at a higher level than what was agreed upon and that his performance contributed to a high functioning organization. He asked for staff comments regarding the issues of space for the public access channel equipment and the intergovernmental agreement. City Manager Atteberry stated he would provide information to Council on the public access channel issues. 212 February 20, 2007 Councilmember Kastein stated Council would consider the ordinance relating to employing illegal aliens in March. He also noted Council had received an e-mail addressing the questions posed by Ms. Rose regarding the City Manager's salary and he would forward that e-mail to her. Mayor Hutchinson stated the title of the ordinance to be considered by Council did not contain the word"immigration." He stated the title would be"Establishing Local Sanctions Upon Contractors and Such Contractors Who Employ Unauthorized Aliens to Perform Work for the City." Agenda Review City Manager Atteber y stated item#25 Resolution 2007-015 Convening 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 and item#34Items Relating to the Southeast Branch Library would be withdrawn from the agenda and rescheduled for March 6, 2007. CONSENT CALENDAR 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 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 Prolect Phase 1I 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 213 February 20, 2007 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 Reading 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 Chanter 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 OrdinanceN0 022 2007 Submitting to aVoteofthe Registered Electors 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. 11. Second Reading of Ordinance No 023 2007 Submitting to a Vote ofthe 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 OrdinanceNo.024.2007 Amending Article II of Chapter 12 and Article XV of Chapter 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, 214 February 20, 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 Repeal and Readoption Thereof This Ordinance, unanimously adopted on First Reading on February 6, 2007, revises the "Larimer 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. 15. Second Reading of Ordinance No 027 2007 Desi gnating 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. 215 February 20, 2007 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 Ali2nment. Latimer 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 Purnose 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. 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 Intergovernmental Agreement with the Colorado Department of Transportation for the Design and Construction of East Mountain Trolley Track Enhancements. 216 February 20, 2007 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 Readine of Ordinance No 034 2007 Amendiniz 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 Relatin2 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. 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 of Kechter 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 217 February 20, 2007 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 Lanmer County 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 respective bodies, does not commit the Council to approving the Blight Study and Downtown Urban Renewal Plan at its March 20 meeting. 218 February 20, 2007 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 Convening 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 Regarding 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 funding of events that generate more than $5,000 in proceeds after expenses and are fund- 219 February 20, 2007 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*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 6. Second Reading of Ordinance No. 010,2007,Authorizing Acquisition By Eminent Domain Proceedings of Flood Plain Easements for the Fossil Creek Drainage Project. 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. 220 February 20, 2007 8. Second Reading of Ordinance No. 020, 2007, Dissolving the Library Board and Amending the City Code by Repealing Sections Relating to the Library Board. 9. Second Reading of Ordinance No. 021, 2007, Amending Chapter 2 of the City Code to Create an Economic Advisory Commission. 10. Second Reading of Ordinance No.022,2007,Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article VIII of the City Charter, Pertaining to the Board of Elections. 11. Second Reading ofOrdinance No.023,2007,Submitting to a Vote ofthe Registered Electors of the City of Fort Collins a Proposed Amendment to Article XI of the City Charter, Pertaining to Franchises and Public Utilities. 12. Second Reading of Ordinance No.024,2007,Amending Article II of Chapter 12 and Article XV of Chapter 15 of the City Code to Prohibit the Disposal of Electronic Goods in the Community's Waste Stream. 13. Second Reading of Ordinance No. 025, 2007, Amending Certain Sections of the Larimer County Urban Area Street Standards by Repeal and Readoption Thereof. 14. Second Reading of Ordinance No. 026,2007,Authorizing the Conveyance of Certain Real Property hi Section 6, Township 7 North, Range 68 West. 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 Chapter 14 of the City Code. 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. 35. Second Reading of Ordinance No. 015, 2007, Amending Chapter 10 of the City Code Concerning Standards for Development in the Poudre River Floodplain in the City of Fort Collins. Ordinances on First Reading were read by title by City Clerk Krajicek. 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. 18. First Reading of Ordinance No. 032, 2007, Appropriating Prior Year Reserves. 19. First Reading of Ordinance No. 033, 2007, Appropriating Unanticipated Revenue in the Transportation Services Fund and Authorizing the Transfer of Existing Appropriations in the 221 February 20, 2007 Transportation Services Fund and the General Fund to Be Used for the Design and Construction of East Mountain Trolley Track Enhancements. 20. First Reading of Ordinance No. 034, 2007, Amending Section 23.5 of the City Code Pertaining to Special Events. 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 ofthe City ofFort Collins and Classifying for Zoning Purposes the Property Included in the Weiner Enclave Annexation to the City of Fort Collins, Colorado. Councilmember Kastein made a motion,seconded by Councilmember Manvel,to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Weitkunat commented on item #21 Items Relating to the Weiner Enclave Annexation, item #22 Resolution 2007-011 Finding Substantial Compliance and Initiating Annexation Proceedings for the Kinard Junior High School Annexation and noted that annexation was a normal and orderly growth pattern. She also commented on item#26 Resolution 2007- 016 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. Staff Reports City Manager Atteberry reported that the City's skatepark system received an award from Skaters for Public Skateparks and was recognized in a national publication Parks and Recreation Magazine. He also reported that Collindale Golf Course and Pro Shop were featured in Avid Golfer Magazine and that Collindale had been selected to host the local U.S. Open qualifications in May. It had been selected by the Colorado High School Activities Association as the site for the Boys 5A Big School State Golf Championship in October. Councilmember Reports Councilmember Manvel reported on the process for selection of the Library District Board of Trustees. 222 February 20, 2007 Councilmember Ohlson acknowledged the death of former Mayor,leader and"statesman"Dr.Karl Carson. Councilmember Weitkunat reported on the Colorado Municipal League annual legislative affairs meeting. Resolution 2007-019 Rescinding Resolution 1998-037,Which Adopted a Prairie Doe Policy for City Natural Areas Adopted The following is staff s memorandum on this item. "FINANCIAL IMPACT Rescinding the Prairie Dog Policy and administrativelyo adopting g the ro p pos ed Guidelines does not have any direct financial impact. The Guidelines could influence management actions that incur costs to the Natural Areas fund. Any particular management action would be balanced against the program's other needs and its overall ability to fund an action. EXECUTIVE SUMMARY 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 frameworkfor 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 for prairie 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 ofhuman—wildlife conflicts. 223 February 20, 2007 • 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. BACKGROUND The NaturalAreas Program currently manages approximately 33,000 acres. Almost all of this land provides habitat to a variety of native animals. Because the City's natural areas system is home to so many wildlife species, staff concluded that a set ofguidelines would be helpful in developing site specific management strategies. Unlike the existing Prairie Dog Policy, the Guidelines that staff has developed are intended to provide a framework for managing wildlife and wildlife habitat for the objective ofpromoting and enhancing ecosystem health and sustainability. Furthermore, they are intended to be adaptive and not prescriptive. Thus, over time, as various site-specific management efforts are undertaken based on the Guidelines, results will be monitored and adaptations designed to improve outcomes. This approach will be particularly useful with respect to prairie dogs. At its January 9th work session, Council asked staff to explain why it was proposing administrative adoption ofthe Guidelines. Staffis recommending administrative adoptionfor several reasons. The document is intended to be a set of guidelines, or a framework,for managing wildlife. As noted above, it is adaptive in nature. Wildlife management is an iterative, dynamic process of applied research, management, and learning. Therefore, in recognition of the adaptive nature of the Guidelines, staff is recommending an administrative approach to its day-to-day operations, rather than a regulatory approach. This administrative approach is consistent with nearly all of the program's managementplanning, with the exception ofthe existing Prairie Dog Policy and the Land Conservation and Stewardship Master Plan (the Council-adopted policy document that guides the actions of the program). Further, as the Guidelines indicate, there already is a substantial body of state and federal regulation and law that prescribes how wildlife may be managed. Council also asked staff to consider various changes to the document and to provide an overview offinal edits and as well as information about public participation in the process of developing the Guidelines. The Guidelines were reviewed by the Natural Resources Advisory Board and it has recommended administrative adoption of the Guidelines and rescinding the existing Prairie Dog Policy. The Land Conservation and Stewardship Board will take action at its February 15th meeting. Its recommendation will be included in the read-before packet. In addition to the Boards and Council, the Guidelines were reviewed by natural resource management agencies, research specialists, and the general public. Comments, including Council comments, are noted in the attached table with associated responses. Council asked for a side-by-side comparison of the Prairie Dog Policy with the proposed Guidelines. The comparison is attached. 224 February 20, 2007 Finally, Council asked about debris cleaning activities on the Poudre River that are conducted by the stormwater utility each year. A memo has been provided. " John Stokes, Natural Resources Director, commended Natural Resources staff for its work on this plan. He noted there had been significant public input during this work and peer reviewers from the Colorado Division of Wildlife and elsewhere had provided feedback. The proposed Resolution would rescind the City's adopted Prairie Dog Policy and new administratively adopted Wildlife Guidelines would take their place. Richard Bachand, Senior Environmental Planner, stated Council was briefed on these issues at a work session in January. Changes had been made in response to some of the public input and peer reviews. He outlined the vision statement for diverse wildlife on natural areas that would be in harmony with the ecological resources on the site. The overarching themes were conservation of habitat and economic and social concerns in an urban environment. The plan articulated protocols for dealing with conflicts that occur due to interactions with humans in an urban landscape. The goal was to work to resolve those conflicts to maintain the community value of the wildlife and sustain the ecological integrity of the habitat and the wildlife populations. The plan would be administratively adopted and would be continually improved and formally reviewed within approximately five years when the effects of the new Guidelines could be evaluated. The proposed Guidelines related to actions that would be taken on natural areas properties subject to federal,state and local laws and regulations governing wildlife. Site management plans for natural areas would ultimately decide the desired condition of the land and the proactive actions to be taken to conserve wildlife. The management of prairie dogs in an urban environment was a controversial issue. Staff members were"pro prairie dog conservation advocates"and these guidelines would strive to achieve a balance for a healthy ecosystem and prairie dog conservation. A system of zonation would be used to identify suitable habitat within a natural area for prairie dogs and to manage the prairie dogs to preserve healthy grasslands for other wildlife. Staff would continue to work with the Department of Agriculture's National Wildlife Research Center on contraceptive techniques to reduce the long term need for lethal control. Some lethal control would be needed in the meantime to reduce the prairie dog populations to a level where contraception would work. Staff would report twice annually to the Land Conservation and Stewardship Board on wildlife management activities. He outlined the public and peer review process for this proposed plan. Mayor Hutchinson stated each audience participant would have five minutes to speak. Kellie Cremer, 1225 West Prospect Road, stated this plan appeared to be more "lethal" than the previous plan in light of the 95% decline in the prairie dog population over the last 150 years. Control of prairie dogs was not a problem due to the population decline. Prairie dogs were important to the entire ecosystem. She had some suggestions to make the plan "sounder and well-rounded." She proposed placing non-lethal measures such as passive relocation and volunteer monitoring and fortification of existing barriers ahead of lethal measures. The assessment tools should be reevaluated and the City should work with nationally known prairie dog experts. The six week notification on lethal control of prairie dogs should be reinstated. She asked that her suggestions be written into the proposed plan. 225 February 20, 2007 Laura Sebastian,2917 Oxford Court,stated prairie dogs lived for only two to five years and died off naturally. The new plan was more "sweeping and lethal' than the previous plan and "lacked restraint." Prairie dogs could be killed without comment or checks and balances from the public or other government bodies. There should be some accountability included in the plan. Decisions regarding the killing of wildlife should not be placed solely in the hands of two people. The new plan puts more power in the hands of fewer people. She questioned why good stewardship required periodic and repeated mass fumigations when contraception would be available in the next two years. She asked that there be more accommodation, peaceful coexistence and less control of wildlife. Councilmember Brown stated Council frequently heard that the prairie dog was a keystone species and asked if this was still true if there were no predators. Stokes stated the prairie dog was a keystone species in big functioning prairie ecosystems. In local natural areas, there were highly fragmented open lands and prairie dogs were not a keystone species in such areas. Bachand stated this was an urban natural area surrounded by development rather than a healthy functioning prairie dog town. Nationally recognized experts note that 10,000 acres is needed for a fully functional prairie dog town. It was necessary to manage an "unnatural'prairie dog situation while being pro- conservation. Stokes stated experts at CSU had indicated the number of prairie dogs in the local natural areas system was slightly higher than what would be found in an undisturbed prairie. Councilmember Brown asked if$1 per sterilization shot would include trapping costs. Stokes stated it cost about$85 to trap one animal for sterilization, relocation or donation to the ferret center. Councilmember Brown noted it was difficult to find a site for relocation. Stokes stated it was "virtually impossible"to find a relocation site. Councilmember Brown stated there were small prairie dog sites and raptor stands in his Council District and asked why there were no birds. Bachand stated raptors preferred to hunt prairie dogs in areas larger than 50 acres. Councilmember Roy asked about mortality rates for the local prairie dog populations during harsh winters. He also asked about a notification process to advise the public to keep pets away from the area at when eradication efforts were being done. Bachand stated specific management plans would be built on the data regarding the prairie dog situation at the time the plan was developed. Most of the sites where the lethal control would take place would involve placing a pellet in a burrow that would then be covered up to contain the lethal gas. Areas close to a trail would be posted with notification signs. Councilmember Brown noted the agenda material talked about bringing bison to Soapstone. Stokes stated various species of animals could be reintroduced to Soapstone Natural Area because of the size of the area. Brown stated this could be a great tourist attraction. 226 February 20, 2007 Councilmember Kastein asked about a cost comparison for the existing and future prairie dog management policies. Stokes stated the new wildlife management policy could have some impact on operational costs at least in the short term. Councilmember Kastein asked if there could be some increase in the budget to get the program started. Stokes replied ep ed in the affirmative and stated it would not be a large increase. The costs were related to monitoring,adaptive management and monitoring of the effect of the management efforts. Bachand noted prairie dogs were only one part of the overall proactive wildlife management plan. Councilmember Kastein wanted to know the magnitude of costs for the new program. Stokes stated staff would provide follow-up information on the projected costs. There were no plans to increase the budget for personnel for this program for 2007. Councilmember Manvel made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 2007-019. Councilmember Manvel stated the Council was "wiping the slate clean" so that overall wildlife management guidelines could be administratively adopted. He commended staff for their work on the developing the plan. Councilmember Ohlson thanked the citizens who had been involved in this issue. It was important to appropriately"manage"prairie dogs in an urban environment in order to have them in such an environment at all. He could not come up with"better suggestions"than those proposed by staff and the Natural Resources Board had discussed this issue at length. He would support the Resolution. Councilmember Brown complimented staff on this work. He looked forward to seeing what could be done to reintroduce wildlife species to Soapstone. He would support the Resolution. Mayor Hutchinson expressed appreciation for the"excellent work"on this issue. He noted the City was pioneering non-lethal methods of wildlife management and he believed this was "exactly the right thing to do"and he would support the Resolution. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. ("Secretary's Note: The Council took a recess at this point in the meeting.) Ordinance No. 015,2007, Amending Chapter 10 of the City Code Concerning Standards for Development in the Poudre River Floodolain in the City of Fort Collins Adopted on Second Reading. The following is staff's memorandum on this item. 227 February 20, 2007 "EXECUTIVE SUMMARY 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. " Bob Smith,Water Planning and Development Manager,presented background information relating to the agenda item. He stated the Board of County Commissioners approved the recommendation after Council's adoption of the Ordinance on First Reading. Councilmember Manvel noted there was a revision relating to the"no rise"requirement except on the applicant's land or by easement on another property. He had raised the question about a situation in which someone could fill on property in the flood fringe area and cause flooding on adjacent properties. His impression was that the administrator making the judgement about the impact of the fill on adjoining properties could investigate that impact. Smith stated there must be a floodplain use permit issued by the Utilities General Manager for any work done in the floodplain. Certain criteria must be reviewed before the permit can be issued. There was a provision that, based on unique circumstances, the Utilities General Manager can request additional information to ensure that the purpose of the Code is upheld i.e., protecting adjacent properties and the corridor. Councilmember Manvel stated that fill on the flood fringe would usually be minimal and the subsequent rise would have minimal effect on adjoining properties. It appeared that someone would be looking at that type of issue. Smith replied in the affirmative. Mayor Hutchinson noted staff had indicated that much of the property along the River would never be developed because of the amount of wetlands. Smith stated the reality was that there would not be fill on much of the river corridor land. Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 015, 2007 on Second Reading. Councilmember Manvel stated it was good to have the City and County standards conform to each other as much as possible so there would be a smooth transition for properties annexing to the City. He had concerns about a larger flood fringe that could be modified for erection of commercial buildings. He also had concerns about going from a standard of allowing the City only to modify the floodway to allowing other users to modify the floodway(with considerable restrictions). He asked for examples that would show that modification of a floodway would make sense from the public interest point of view. Smith stated one example would be the property owner cleaning up 228 February 20, 2007 the adjacent river area or putting in vegetation and stabilizing the banks. The City or a public agency would have to do that under the old standard and the change meant there would be an opportunity for a private individual or entity to do some work along the River. Councilmember Manvel asked if there would be aesthetic and environmental standards on how that kind of work could be done. Smith replied in the affirmative and stated the proposed work would have to be reviewed before the floodplain permit could be issued. Councilmember Manvel asked if there were aesthetic considerations. Smith stated design criteria would have to be followed. Jim Hibbard,Water Engineering Field Services Manager,stated the City encouraged buried rip-rap and natural stone where appropriate. Marsha Hilmes-Robinson, Civil Engineer, stated other City departments and criteria would be part of the development review process. Councilmember Ohlson asked if buried rip-rap was a requirement rather than the preferred alternative. Hibbard stated there was not a requirement regarding the color of rip-rap. Smith stated the design criteria required the use of gray rock and the preference was for buried rip-rap to allow more vegetation. Exposed rip-rap was used for steeper slopes and there were design constraints. Councilmember Ohlson asked if the City can require that rip-rap be buried. Smith stated the Utilities General Manager can require that work be done in a certain way. City Manager Atteberry asked if it was the City's common practice to require buried rip-rap or a specific color of stone. Smith stated the design criteria required gray rather than pink rip-rap and that buried rip-rap was usually required. Hibbard stated there were site specific situations in which the burial of rip-rap would not be required. Burial of rip-rap was required whenever possible and that gray rip-rap was required when it could not be buried for hydraulic reasons .s. He stated there could be existing pink rip-rap. Councilmember Ohlson stated his concern was that the standard practice was to require burial of rip- rap rather than to "just ask." Councilmember Manvel had concerns about allowing hazardous materials in the 500 year corridor because this would "weaken"the City regulations. He asked if there were hazardous materials in that corridor in the City on a"grandfathered"basis. Hilmes-Robinson stated the current regulation was established in 1995 and new hazardous materials were prohibited at that time. Councilmember Manvel stated the 500 year floodplain was large and asked for confirmation that the County was not willing to exclude hazardous materials from their 100 year floodplain because of the airpark area. Hilmes-Robinson replied in the affirmative. Councilmember Manvel stated a 500 year flood was "extremely unlikely and the last one was in 1904. He could agree with the change in the regulations because of that. Councilmember Roy stated he would not support the Ordinance because of the issue mentioned by Councilmember Manvel. It was important not to "roll the dice" on the safety of citizens in the future. The purpose of the regulation was to protect the lives and safety of the citizens. He did not 229 February 20, 2007 want to see any changes that would"chip away at the integrity of the River." There needed to be a global long range view for the Poudre River. Councilmember Weitkunat stated the City overreacted to the 1997 flood by developing"complicated and easily misunderstood regulations"such as the regulations relating to the Product 6 Corridor. It was important to balance the risk with the regulation. Because of the amount of public property along the river corridor it was highly unlikely that the entire flood fringe would ever be filled in or that the .5 foot rise would ever be realized. This was reason enough to change the regulation that had "gone overboard." Councilmember Manvel thanked staff for the information and tours they had provided. He had come to understand how quickly the River changes due to human and natural impacts. A balance must be reached. He had concerns about parts of the ordinance but he would support adoption on Second Reading. Mayor Hutchinson stated there needed to be a balance between health and safety and regulation. The current regulations were overkill and it made sense to revise them. The City had "world class quality" flood management. The vote on the motion was as follows:Yeas:Councilmembers Brown,Hutchinson,Kastein,Manvel and Weitkunat. Nays: Councilmembers Ohlson and Roy. THE MOTION CARRIED. Resolution 2007-022 Assigning a Councilmember as Liaison to the Economic Advisory Commission Adopted The following is staff s memorandum on this item. "EXECUTIVE SUMMARY 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. " City Manager Attebery stated this agenda item was initiated by the Mayor and City Council at a recent retreat and that this had been discussed at a work session. Councilmember Weitkunat made a motion, seconded by Councilmember Ohlson, to adopt Resolution 2007-022, inserting the name Doug Hutchinson. Mayor Hutchinson stated he had expressed interest in serving as the Council liaison to this Commission. 230 February 20, 2007 Councilmember Weitkunat stated it was important to have someone connected with the economic entities in the community serve as the Council liaison. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Weitkunat noted that the deadline for applications to serve on the new nine-member Economic AdvisoryCommission ss on was February 26. Councilmember Manvel asked if the deadline could be flexible to allow as many applications as possible. Councilmember Ohlson supported having the current Council make the appointments. He would like to see as much publicity as possible to recruit applicants. Mayor Hutchinson stated the timeline could be adjusted. Councilmember Manvel asked when the recommendation from the selection committee would be needed. City Clerk Krajicek stated that would be needed by March 20. Mayor Hutchinson requested the City Clerk's Office look into whether extending the application deadline by one week would impact having the selection committee's recommendation by March 20. Mayor Hutchinson stated this would be the first citizen board dealing with the economy. The work of the EVSAG group had provided the core of the City's economic action plan. This Council wanted a diverse Commission membership and proposed that Councilmembers Weitkunat and Ohlson partner with him for the applicant interviews and selection process. Other Business Councilmember Brown stated he would like the Council to review City policy and consider creating an ordinance relating to the use of open space to create an enclave. He proposed consideration of a policy that would provide that open space purchased with public monies and/or maintained with public funds or annexed by a government entity should not be used as boundaries for the creation of an enclave for private properties that would result in a forced annexation. Mayor Hutchinson asked if Councilmember Brown was proposing that Council ask staff to work on such an ordinance. Councilmember Brown stated he would like Council support for having staff work on the matter. 231 February 20, 2007 Mayor Hutchinson stated at least three Councilmembers indicated support for having staff do this work. Adiournment Councilmember Weitkunat made a motion, seconded by Councilmember Roy, to adjourn the meeting to 6:00 p.m. on Tuesday, February 27, 2007 for the purpose of holding an Executive Session. Yeas:Councilmembers Brown,Hutchinson,Kastein,Manvel,Ohlson,Roy and Weitkunat. Nays: None. THE MOTION CARRIED. The meeting adjourned at 8:40 p.m. Mayor ATTEST: City Clerk 232 February 27,2007 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting- 6:00 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday,February 27, 2007, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answ ered ered by the following Councilmembers: Brown, Hutchinson, Kastein, Manuel, Ohlson, Roy, and Weitkunat. Staff Members Present: Atteberry, Krajicek, Roy. Executive Session Authorized Councilmember Weitkunat made a motion, seconded by Councilmember Brown, to adjourn into Executive Session pursuant to Section 2-3l(a)(2)and(3)ofthe City Code for the purpose of meeting with the City Attorney regarding legal issues and real property matters. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy, and Weitkunat. Nays: None. THE MOTION CARRIED. ("Secretary's Note: The Council adjourned into Executive Session at 6:00 p.m. and reconvened following the Executive Session at 7:10 p.m.) Adjournment At the conclusion of the Executive Session, the meeting adjourned at 7:10 p.m. Mayor ATTEST: City Clerk 233