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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 03/06/2007 - SUMMARY AGENDA REGULAR MEETING AGENDA FORT COLLINS CITY COUNCIL City of Fort Collins March 6, 2007 Doug Hutchinson, Mayor City Council Chambers Karen Weitkunat, District 2, Mayor Pro Tern City Hall West Ben Manvel, District 1 300 LaPorte Avenue Diggs Brown, District 3 Fort Collins, Colorado Kurt Kastein, District 4 Kelly Ohlson, District 5 Cablecast on City Cable Channel 14 David Roy, District 6 on the Comcast cable system The City of Fort Collins will make reasonable accommodations for access to City services,programs,and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515(TDD 224-6001)for assistance. Proclamations 5:30 • A. Proclamation Declaring"Flexibility" as the Community Character Focus for March 2007. B. Proclamation Declaring the Month of March as National Women's History Month. Regular • • 11 • PLEDGE OF ALLEGIANCE - Flag Ceremony by Boy Scout Troop 96 1. CALL MEETING TO ORDER. 2. ROLL CALL. 3. CITIZEN PARTICIPATION (limited to 30 minutes) PAGE 2 Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking,please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker's time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak,the Mayor may reduce the time allowed for each individual. • State your name and address for the record • Applause,outbursts or other demonstrations by the audience is not allowed • Keep comments brief;if available,provide a written copy of statement to City Clerk 4. CITIZEN PARTICIPATION FOLLOW-UP: This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen Participation. 5. AGENDA REVIEW: CITY MANAGER Consent • . The Consent Calendar consists of Items 6 through 21. This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Item No. 29,Pulled Consent Items. The Consent Calendar consists of • Ordinances on First Reading that are routine; • Ordinances on Second Reading that are routine; • Those of no perceived controversy; • Routine administrative actions. 6. Consideration and Approval of the Minutes of the November 21, 2006 and December 5, 2006 Regular Meetings and the Adjourned Meeting of November 28, 2006. 7. Second 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. This Ordinance,unanimously adopted on First Reading on February 20, 2007,appropriates prior year reserves in the Natural Areas Fund. 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. PAGE 3 8. Second Reading of Ordinance No. 032, 2007, Appropriating Prior Year Reserves. Ordinance No.032,2007,was unanimously adopted on First Reading on February 20,2007. The Ordinance appropriates prior year's reserves for expenditures authorized in 2006 by Council but which could not be completed by the end of 2006. 9. Second Reading of Ordinance No. 033, 2007, Appropriating Unanticipated Revenue in the Transportation Services Fund and Authorizing the Transfer of Existing Annronriations in the Transportation Services Fund and the General Fund to Be Used for the Design and Construction of East Mountain Trolley Track Enhancements. This Ordinance,unanimously adopted on First Reading on February 20,2007, appropriates revenue received from a grant from the North Front Range Metropolitan Planning Organization Transportation Enhancement Grant Program. This grant will be used to restore the brick roadbed surrounding the exposed, abandoned, streetcar railway track. The restoration will be an asset to the adjacent Old Town National/State/Local Landmark District, and provide safe pedestrian/bicycle passage. 10. Second Reading of Ordinance No. 034, 2007, Amending Section 23.5 of the Cites Pertaining to Special Events. This Ordinance, which was unanimously adopted on First Reading on February 20, 2007 amends the City Code to make the special event application process friendlier to the citizens applying for permits. 11. Items Relating to the Weiner Enclave Annexation. A. Second Reading of Ordinance No. 035, 2007, Annexing Property Known as the Weiner Enclave Annexation to the City of Fort Collins, Colorado B. Second 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. These Ordinances,unanimously adopted on First Reading on February 20,2007,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 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. PAGE 4 12. Items Relating to CDOT's Safe Routes to School Program. A. Resolution 2007-023 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation for the Widening of an Existing Sidewalk on the South Side of Mulberry Street from Dunn Elementary School to Shields Street. B. First Reading of Ordinance No. 038, 2007, Appropriating Unanticipated Revenue in the Capital Projects Fund - Pedestrian Plan Capital Project for Improvements Associated with the Safe Routes to School Program. The Safe Routes to School Program was designed to promote the safety and environmental conditions for students traveling to and from school. With the hope to increase the numbers of students walking or bicycling to school, this program uses the Four E's (Education, Enforcement, Engineering, and Encouragement) to provide a comprehensive approach to traffic safety problems around schools. The City of Fort Collins Transportation Planning office received a grant from the CDOT Safe Routes to School Program for FY 2005-06 to widen the existing sidewalk along the south side of Mulberry Street from 2.5 feet to 6 feet,from Dunn Elementary to Shields Street. This widened sidewalk will greatly improve safety and connectivity between Dunn elementary and the surrounding neighborhoods. 13. First Readine of Ordinance No. 039,2007,Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the General Fund for the Restorative Justice Program. The Restorative Justice Program(the"Program")is an alternative method ofholding a young offender accountable by facilitating a meeting with the young offender, the victim and members of the community to determine the harm done by the crime, and what should be done to repair the harm. This Ordinance appropriates funds from two grants that have been received for the purpose of continuing this program. 14. First Reading of Ordinance No.040,2007,Amending Chapter 25 of the City Code to Create a Manufacturing_Eauipment Use Tax Rebate. The Manufacturing Equipment Use Tax Rebate Program is an important economic incentive for retaining and supporting local manufacturers. Manufacturing concerns are a very important element of the City's tax base. They also serve as a primary engine for both job creation and commercial investment in the community. This Ordinance adds the Program to the City Code to ensure that the Program provides an important economic incentive on an ongoing basis. PAGE 5 15. First Reading of Ordinance No. 041, 2007, Authorizing the Execution and Deliveryby the City of an Amended and Restated Site Agreement and Lease Agreement, a Continuing Disclosure Undertaking, an Official Statement, and Related Documents. Concerning the Leasing of the Mason Office Building and the Mason Street Parking Structure. Ratifying Action Previously Taken; and Providing Other Matters. Adoption of this Ordinance will approve and authorize the legal documents necessary to complete a lease purchase certificate of participation transaction to effectively refund the 1998 and 1999 COPS that were originally issued for the construction of the City's Mason Street Parking Structure, the 215 North Mason Office Building and an off-site Police Facility. 16. First Reading of Ordinance No. 042, 2007,Authorizing the Lease of City-Owned Property at 321 Maple Street For Up to Five Years. The Fort Collins Technology Incubator(FCTI) provides critical business assistance to the most providing high tech startup companies in the community. As part of its service,FCTI offers below market lease space to its client companies. This Ordinance would allow FCTI's various participants to lease space for up to five years. 17. First Reading of Ordinance No. 043,2007,Authorizing the Execution of Quit Claim Deeds and a Temporary Construction Easement for the Improvement of North Taft Hill Road by Larimer County. Presently, Larimer County is improving North Taft Hill Road between LaPorte Avenue and the Poudre River. To accomplish this project, Larimer County is requesting that the City of Fort Collins dedicate the following property interests to Larimer County: 1. a temporary construction easement on approximately 1,200 square feet in size on property in use by the City for its trail system; 2. a Quit Claim Deed for approximately 428 square feet of property acquired by the City for its trail system but no longer needed, for new right-of-way on the west side of Taft Hill Road; and, 3. a Quit Claim Deed of approximately 4,400 square feet of property, which was acquired by the City as a consequence of the dissolution of the LaPorte Water and Sanitation District in 2006, subject to a perpetual utility easement by the City, also located on the west side of Taft Hill Road. 18. First Reading of Ordinance No.044,2007, Authorizin the eAgguisitionbyEminentDomain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Street Oversizing Ziegler and Kechter Intersection Project. Intersection improvements were constructed for Ziegler Road and Kechter Road. These improvements included the construction of a modem roundabout at the Ziegler and Kechter intersection. PAGE 6 Because of the round configuration of the improvements and the square shape of the existing right of way, two small slivers of property are needed on the west side. One of these properties has been purchased. Over the past year, staff has been in negotiations with the other owner, Hearthside Homeowners Association of Fort Collins, Inc., and has not been successful in reaching a mutually satisfactory agreement. An eminent domain authorization is being proposed for consideration by Council if an agreement cannot be reached. 19. Resolution 2007-024 Authorizing an Intergovernmental Agreement with Colorado State University to Establish the University's Public Water System as a Consecutive System Within the City's Integrated Public Water System. Colorado State University(CSU) owns and operates a public water system that distributes water supplied by the City. The Water Quality Control Division of the Colorado Department of Public Health and Environment(CDPHE)has determined the University's system to be a consecutive public water system and therefore subject to Colorado drinking water regulations. As public water systems, CSU and the City may either meet the requirements of the regulations as individual entities or enter into an integrated systems agreement and share responsibilities. The proposed intergovernmental agreement establishes CSU as part of the City's integrated public water system and delineates responsibilities for applicable drinking water regulations. 20. 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. 21. Routine Easements. A. Easement for construction and maintenance ofpublic utilities from Fort Collins Bible Church,to underground electric system underground,located at 2550 South Taft Hill. Monetary consideration: $4886. (See Map#1). B. Easement for construction and maintenance ofpublic utilities from Fort Collins Bible Church, to install new pad mount electric switch gear, located at 2550 South Taft Hill. Monetary consideration: $505.68. (See Map#2). PAGE 7 END CONSENT 22. Consent Calendar Follow-W. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 23. Staff Reports. 24. Councilmember Reports. Discussion The method of debate for discussion items is as follows: • Mayor introduces the item number,and subject;asks if formal presentation will be made by staff • Staff presentation(optional) • Mayor requests citizen comment on the item(five minute limit for each citizen) • Council questions of staff on the item • Council motion on the item • Council discussion • Final Council comments • Council vote on the item Note: Time limits for individual agenda items may be revised,at the discretion of the Mayor,to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker's time. 25. Resolution 2007-025 Urging the Reeistered Electors of the City Not to Support the Repeal of Ordinance No. 137, 2006, Which Annexes Property Known as the Southwest Enclave Annexation. (10 minute staff presentation- 30 minute discussion) On October 3,2006 the City Council adopted on Second Reading,an ordinance annexing the Southwest Enclave to the City of Fort Collins. This ordinance was adopted following a two year process that involved numerous meetings with area residents and business owners, and adoption of a number of Code amendments that will mitigate impacts on enclave residents. Following adoption of the annexation ordinance,a referendum petition was filed seeking to repeal the ordinance. The petition was certified to the City Council on December 19, 2006 and the Council decided to refer the ordinance to a vote of the registered electors at the next regular municipal election, scheduled for April 3, 2007. This Resolution describes reasons for the Southwest Enclave annexation and urges registered electors to not support the repeal of the annexation by voting"no"on the ballot measure. PAGE 8 26. Items Relating to the Southeast Branch Library. (5 minute staff presentation - 15 minute discussion) A. Resolution 2007-020 Authorizing an Exemption to the Competitive Process for the City to Enter into a Contract with Bayer Properties for the Construction of the Southeast Branch Library. B. Resolution 2007-021 Authorizing an Exemption to the Competitive Process for the City to Enter into a Contract with Aller-Lingle Architects to Complete Architectural Services of the Design and Construction Phases of the Southeast Branch Library. C. First Reading of Ordinance No. 037, 2007, Appropriating Prior Year Reserves Designated for Library Improvements in the Capital Improvement Expansion Fund for Transfer to the City's Capital Projects Fund to Construct a Southeast Branch Library and the General Fund to Purchase Library Books and Materials. Resolution 2007-020 will allow the City to coordinate construction of the Southeast Branch Library at Front Range Village with Bayer Properties. Resolution 2007-021 authorizes a contract with Aller-Lingle Architects,already under a City purchasing contract,to provide comprehensive architectural services through the design and construction phases of the project. Ordinance No.037,2007,appropriates available library impact fees to pay for the design and construction of the Library and the collection. 27. Resolution 2007-026 Ratifying Appointments to the Fort Collins Regional Library Board of Trustees. (5 minute staff presentation - 10 minute discussion) Last November, area voters approved the formation of the Fort Collins Regional Library District and provided 3 mills in property tax to fund it. The District cannot begin operations until its Board of Trustees is in place. The City Council and County Commissioners have formed a Library District Trustee Selection Committee comprised of Commissioners Kathay Rennels and Karen Wagner and Councilmembers Karen Weitkunat and Ben Manvel. The Committee is charged with selecting candidates to fill seven trustee positions. The selected candidates must be ratified by a two-thirds majority vote of both the City Council and the County Commissioners. By adopting this Resolution, the Council will be ratifying the trustee candidates selected and recommended by the Selection Committee. 28. First Reading of Ordinance No. 045,2007, Establishing Local Sanctions Upon Contractors and Subcontractors of the City Who Employ Unauthorized Aliens to Perform Work for the C� (10 minute staff presentation - 90 minute discussion) This Ordinance makes it unlawful for contractors and subcontractors who perform work on City projects to hire unauthorized aliens. It applies to major construction and service contracts. Contractors and subcontractors are required to verify the legal employment status of employees working on City contracts and must maintain copies of these records. If they PAGE 9 fail to perform the appropriate screening and documentation, the City may terminate these contracts with the City and may prohibit future contracts with the City for a period of five years. If a contractor or subcontractor falsely identifies, or falsely certifies the legal employment status of, any person working on a City contract, a fine of$1,000 for each infraction may be imposed. 29. Pulled Consent Items. 30. Other Business. 31. Adiournment. Every Council meeting will end no later than 10:30 p.m.,except that: (1)any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may,by majority vote,extend a meeting until no later than 12:00 a.m.for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting,and all matters scheduled for consideration at the meeting which have not yet been considered by the Council,will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting.