HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 03/20/2007 - SUMMARY AGENDA REGULAR MEETING AGENDA
FORT COLLINS CITY COUNCIL
6i March 20, 2007
City of Fort Collins
Doug Hutchinson, Mayor City Council Chambers
Karen Weitkunat, District 2, Mayor Pro Tem City Hall West
Ben Manvel, District 1 300 LaPorte Avenue
Diggs Brown, District 3 Fort Collins, Colorado
Kurt Kastein, District 4
Kelly Ohlson, District 5 Cablecast on City Cable Channel 14
David Roy, District 6 on the Comcast cable system
The City of Fort Collins will make reasonable accommodations for access to City services,programs,and activities and
will make special communication arrangements for persons with disabilities. Please call 221-6515(TDD 224-6001)for
assistance.
Proclamations and Presentations
5:30 •
A. Proclamation Declaring Proclamation Declaring March 26-31,2007 as Cesar Chavez Week.
B. Proclamation Proclaiming March 22, 2007 as World Water Day.
C. Proclamation Declaring April 8-14, 2007 as National Dispatchers' Week.
D. Proclamation Declaring April 11, 2007 as "Discovering Diversity in Northern Colorado"
Day.
Regular •
• 11 •
PLEDGE OF ALLEGIANCE
1. CALL MEETING TO ORDER.
2. ROLL CALL.
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3. CITIZEN PARTICIPATION (limited to 30 minutes)
Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish to
address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor
or Mayor Pro Tem. Before speaking,please sign in at the table in the back of the room. The timer will
buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end
of the speaker's time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to
speak,the Mayor may reduce the time allowed for each individual.
• State your name and address for the record
• Applause,outbursts or other demonstrations by the audience is not allowed
• Keep comments brief;if available,provide a written copy of statement to City Clerk
4. CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during
Citizen Participation.
5. AGENDA REVIEW: CITY MANAGER
Consent
The Consent Calendar consists of Items 6 through 23. 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. 28,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 December 19 2006 Regular Meeting.
7. Second Reading of Ordinance No.037.2007 Appropriating Prior Year Reserves Designated
for Library Improvements in the Capital Improvement Expansion Fund for Transfer to the
Citv's Capital Proiects Fund to Construct a Southeast Branch Library and the General Fund
to Purchase Library Books and Materials.
This Ordinance, unanimously adopted on First Reading on March 6, 2007, appropriates
available library impact fees to pay for the design and construction of the Southeast Branch
Library at Front Range Village, as well as for the Library collection.
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8. Second 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 City ofFort Collins Transportation Planning office has received a grant from the CDOT
Safe Routes to School Program 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. The
widened sidewalk will greatly improve safety and connectivity between Dunn Elementary
and the surrounding neighborhoods. This Ordinance,unanimously adopted on First Reading
on March 6, 2007, appropriates unanticipated revenue in the Capital Projects Fund-
Pedestrian Plan Capital Project for this improvement project.
9. Second Reading 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,unanimously adopted on First Reading on March
6, 2007, appropriates funds from two grants that have been received for the purpose of
continuing this program.
10. Second Reading of Ordinance No. 040, 2007, Amending Chanter 25 of the City Code to
Create a Manufacturing Equipment 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, unanimously
adopted on First Reading on March 6,2007,adds the Program to the City Code to ensure that
the Program provides an important economic incentive on an ongoing basis.
11. Second Reading of Ordinance No.041,2007,Authorizing the Execution and Delivervbv 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.
This Ordinance, which was unanimously adopted on First Reading on March 6, 2007,
approves and authorizes 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.
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12. Second Reading of Ordinance No.042,2007,Authorizing the Lease of City-Owned Prop
at 321 Male Street For Up to Five Years.
The Fort Collins Technology Incubator (FCTI) provides critical business assistance to the
most promising high tech startup companies in the community. As part of its service,FCTI
offers below market lease space to its client companies. This Ordinance, unanimously
adopted on First Reading on March 6, 2007, allows FCTI's various participants to lease
space for up to five years.
13. Second 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.
Latimer 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 certain property interests to Latimer County. This Ordinance,unanimously adopted
on First Reading on March 6,2007, authorizes the conveyance of a temporary construction
easement and two Quit Claim Deeds.
14. Second Reading of Ordinance No. 044, 2007, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary for the Construction of Public
Imurovements 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 modern roundabout at the Ziegler and Kechter
intersection.
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
owner of the other property, Hearthside Homeowners Association of Fort Collins, Inc. (the
"HOA"). The HOA Board has accepted, in principle, the City's offer to purchase the
necessary interests for the project for the sum of$1,000.
Under the Bylaws of the Association,however,80%of all homeowners in the HOA and 67%
of all lending institutions holding deeds of trusts would need to execute the conveyance
document. Given the expense and time required to obtain the necessary document,the HOA
Board has requested that the City proceed with a"friendly" condemnation to complete the
transaction. As requested, City staff is seeking authorization to use eminent domain
proceedings to move forward with the acquisition of the property through the condemnation
process.
This Ordinance, unanimously adopted on First Reading on March 6, 2007, authorizes
eminent domain proceedings.
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15. First Reading of Ordinance No 046 2007 Appropriating Unanticipated Revenue in the
General Fund for E911 and Emergency Medical Dispatch Systems at Fort Collins Police
Services Dispatch Center.
The Latimer Emergency Telephone Authority(LETA)collects a monthly fee from all county
telephone users to purchase equipment,train users and maintain equipment used to process
E911 phone calls and dispatch appropriate Emergency Services Providers. In 2003, LETA
developed a formula for the anticipated annual budget for these services for each Public
Safety Answering Point (Emergency Services Dispatch Center) based on the number of
Dispatchers and the number of E911 phones calls received in the Center. Based on the
formula, LETA provides the funds to the individual Centers for payment of expenses. The
2007 amount based on 2006 expenditures for Fort Collins Police Services is $12,919.
In the same manner, a formula was developed for each Public Safety Answering Point for
Emergency Medical Dispatch (EMD) based on the number of dispatchers and the number
of EMD calls handled by the Center. The 2007 amount based on 2006 expenditures for
EMD based on the formula for Fort Collins Police Services is $46,526.
The total amount to be appropriated from these two budgets is $59,445.
16. First Reading of Ordinance No.047,2007,Appropriating Funds forthe Harmon and Ziegler
Roads Front Ran eg Village Improvements Project.
Arterial street improvements are necessary to support the development of the Front Range
Village. There are extensive improvements to Harmony Road to widen it to a 6-lane arterial
from Timberline to Ziegler, including the construction of a new signalized intersection at
Harmony and Corbett. There are also extensive improvements to the Ziegler/Harmony
intersection. The widening of Ziegler to a 4-lane arterial between Harmony and Horsetooth
will be completed, along with intersection improvements to Ziegler/Horsetooth, proposed
to be a modern roundabout. Roadway improvements include the installation of curb-and-
gutter, asphalt paving,bike lanes, landscaped medians, and storm and sanitary sewers. The
construction is planned to begin in June 2007 and be completed on May 15, 2008.
17. First Reading of Ordinance No. 048, 2007, Authorizing the Conveyance of a Pemetual
Easement for a Sanitary Sewer Line and Temporary Construction Easement for the Registry
Ridge, 5th Filing PDP Project.
The developer of Registry Ridge, 5th Filing PDP, Lennar Colorado, LLC wishes to acquire
an 8,850 square foot easement for a sanitary sewer line and a 10,256 square foot temporary
construction easement through a future City park site for the benefit of the development.
18. First Reading of Ordinance No. 049, 2007. Authorizing the Lease of a Portion of the
Resource Recovery Farm for Agricultural Use.
This Ordinance authorizes an agricultural lease on approximately 110 acres located within
the Resource Recovery Farm for a period of time starting January 1, 2007 and ending
December 31, 2011.
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19. Resolution 2007-027 Authorizing the Lease Back to the Seller of the Residence on Ranch
Property to be Purchased as an Addition to Coyote Ridge Natural Area for Up to One Year.
Natural Areas and Real Estate staffhave negotiated the purchase of the Coyote Ridge Stables
property, including all improvements, from Robin Jones. To allow Mr. Jones time to find
and purchase a suitable substitute residence, the seller has requested that the City lease the
existing residence and surrounding three acres to Jones for up to one year, as a condition of
the sale.
20. Resolution 2007-028 Establishing Rental Rates and Delivery Charges for the City's Raw
Water for the 2007 Season.
This Resolution approves rates for the rental and use of the City's raw water supplies. The
Water Utility uses these rates to assess charges for agricultural use, for various contractual
raw water obligations and for raw water deliveries to other City departments. Each year prior
to the irrigation season, the City's Water Board("the Board")makes a recommendation to
the Council regarding the raw water charges. The Board discussed the proposed rental rates
and charges at its February 22, 2007 meeting. The proposed rate for each type of water is
based on several factors including market conditions and assessments charged by irrigation
companies.
21. Resolution 2007-029 Adopting the Fifth Amendment to the City's General Employees'
Retirement Plan for the Purpose of Shortening the Length of Time Between an Employee's
Retirement Date and the Initial Benefit Payment.
By adoption of this Resolution, Council would shorten the amount of time that lapses
between an employee's retirement date and the date upon which he/she receives the initial
payment from the General Employees' Retirement Plan ("Plan").
Currently,when an employee retires from the City,his/her retirement date is established as
the first day of the subsequent month. Then,in accordance with Section 4 of Article VIII of
the Plan,the benefit payments commence on the last day of the month following the month
of the Retirement Date.
For example, if someone retires from the City on the 5th of March, his/her retirement date
will be established as April 1st and he/she will receive the first benefit payment from the
Plan by May 3lst. Asa result, eighty seven days will have lapsed between the last day of
employment with the City and the first benefit payment.
By adoption of this resolution, the first benefit payment under the above scenario will be
received by April 30th, as opposed to May 31 st. Instead of eighty seven days, the retired
employee would only have to wait fifty six days between his/her last day of employment with
the City and the day he/she received the first benefit payment from the Plan.
22. Resolution 2007-030 Making Appointments to the Economic Advisory Commission
Ordinance No. 020,2007,adopted on Second Reading on February 20,2007, created a new
Economic Advisory Commission. Vacancies were advertised during February and March.
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Mayor Hutchinson and Councilmembers Weitkunat and Ohlson interviewed applicants. The
Council interview team recommends the nine individuals listed in the Resolution to fill the
newly created Commission.
23. Resolution 2007-031 Making Appointments to the Citizen Review Board and the
Commission on Disability.
A vacancy currently exists on the Citizen Review Board which was not filled during the
annual appointment process. Applications were solicited and City Manager Darin Atteberry
and Councilmembers Diggs Brown and Ben Manvel conducted interviews. The interview
team is recommending Anne Berry to fill the vacancy with a term to begin immediately and
set to expire on December 31, 2010.
Vacancies currently exist on the Commission on Disability due to the resignation of William
Livingston-Holt and the vacancy which was not filled during the annual appointment
process. Applications were solicited and Mayor Doug Hutchinson and Councilmember
Karen Weitkunat conducted interviews. The Council interview team is recommending
Kimberlee Imig and Tim Effinger to fill the vacancies with terms to begin immediately and
set to expire on December 31, 2009 and December 31, 2010 respectively.
END CONSENT
24. Consent Calendar Follow-W.
a. This is an opportunity for Councilmembers to comment on items adopted or
approved on the Consent Calendar.
25. Staff Reports.
26. Councilmember Reports.
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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.
27. Items Relatingt o Adoption of the North College Corridor Plan. (15 minute staffpresentation
- 1 hour discussion)
A. Resolution 2007-032 Adopting the Updated North College Corridor Plan as an
Element of the Comprehensive Plan of the City.
B. Resolution 2007-033 Amending Figure GM-8 of the City Plan Principles and
Policies to Comport with the North College Corridor Plan.
C. Resolution 2007-034 Amending the City's Structure Plan Map to Comport with the
North College Corridor Plan.
D. Hearing and First Reading of Ordinance No. 049, 2007,Amending the Zoning Map
of the City of Fort Collins by Changing the Zoning Classification for that Certain
Property Known as the Conifer Street Rezoning.
E. First Reading of Ordinance No.050,Amending Division 4.19 of the Land Use Code
by Adding Large Retail Establishments to the List of Permitted Uses.
The proposed update to the North College Corridor Plan(NCCP)has been developed by City
staff with extensive public input over the past year. The main elements of the Plan are an
updated vision, goals, policies, Framework Plan map, and recommended actions with
possible funding sources.
Several related items are being proposed in conjunction with the proposed updated Plan:
• Based on the NCCP, a minor amendment to the City Structure Plan is needed to
change the land use designation along the north side of Conifer Street, east of North
College Avenue and west of Redwood Street, from Industrial to Community
Commercial. Accordingly,to further implement this minor change,a corresponding
rezoning is proposed.
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• The NCCP recommends an amendment of City Plan's Targeted Redevelopment and
Infill map to add more area near North College and Downtown. The area is located
east of Redwood Street, south of Conifer Street, north of East Vine Drive, and
extending slightly further east of the proposed realignment of Lemay Avenue.
• The Plan recommends a specific change to Permitted Uses in the Community
Commercial-North College zone district (C-C-N zone) which is being proposed in
conjunction with the Plan adoption hearing. The change would add Large Retail
Establishments to the C-C-N zone.
28. Pulled Consent Items.
29. Other Business.
a. Motion to cancel Regular Meeting of April 3, 2007. (Municipal Election)
b. Call of Special Meeting for April 10, 2007. (Organizational Meeting - no action
needed)
30. Adjournment.
Every Council meeting will end no later than 10:30 p.m.,except that: (1)any item of business commenced before
10:30 p.m.may be concluded before the meeting is adjourned and(2)the City Council may,by majority vote,extend
a meeting until no later than 12:00 a.m.for the purpose of considering additional items of business. Any matter which
has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for
consideration at the meeting which have not yet been considered by the Council,will be continued to the next regular
Council meeting and will be placed first on the discussion agenda for such meeting.