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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 08/21/2007 - SUMMARY AGENDA REGULAR MEETING AGENDA 6aFORT COLLINS CITY COUNCIL City of Fort Collins August 21 , 2007 Doug Hutchinson, Mayor City Council Chambers Kelly Ohlson, District 5, Mayor Pro Tern City Hall West Ben Manvel, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Diggs Brown, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 David Roy, District 6 on the Comcast cable system The City of Fort Collins will make reasonable accommodations for access to City services,programs,and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515(TDD 224-6001)for assistance. Proclamations an • Presentations 5:30 • A. Proclamation Declaring"Contentment' as the Character Focus for August 2007. B. Proclamation Proclaiming August 25, 2007 as Fort Collins Breakfast Rotary Club Peach Day. Regular 11 • PLEDGE OF ALLEGIANCE I. CALL MEETING TO ORDER. 2. ROLL CALL. PAGE 2 3. CITIZEN PARTICIPATION(limited to 30 minutes) Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must fast be recognized by the Mayor or Mayor Pro Tem. Before speaking,P g lease sign in at the table in the back of the room. The timer will Y 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 27. 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. 31,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 July 17, 2007 Regular Meeting_ 7. Second Reading of Ordinance No. 082, 2007, Amending Section 23-115 of the City Code to Allow for the Vacation of City Right-of-Way in Situations Where the Vacated Right-of- Way Will Still Be Used For Other Public Purposes. Section 23-115 of the City Code establishes a process whereby the City Council may vacate public rights-of-way in the City. It requires a finding by the Council that the public right-of- way to be vacated is no longer needed for"any public"purpose. Sometimes it maybe in the best interests of the City to vacate a right-of-way even though the real property underlying the right-of-way may still be needed and used for some other municipal purpose such as utility lines. This Ordinance, unanimously adopted on First Reading on July 17, 2007, changes the wording of Section 23-115(a)to better address this type of situation. PAGE 3 8. Second Reading of Ordinance No. 083, 2007, Calling a Special Municipal Election to Be Held in Conjunction with the November 6. 2007 Larimer County Coordinated Election. This Ordinance, unanimously adopted on First Reading on July 17, 2007, calls a Special Municipal Election to be held in conjunction with the November 6, 2007 Larimer County Coordinated Election,and preserves the opportunity for Council to place initiated or referred issues on the November ballot. 9. First Reading of Ordinance No. 084, 2007.Appropriating Unanticipated Grant Revenue in the General Fund for the Poudre Valley Health System Choose the Right Road Driving Program. Poudre Valley Health System ("PVHS") developed a comprehensive prevention program called "Choose the Right Road" to minimize the number of individuals who drive while intoxicated. "Choose the Right Road"collaborates with local government,businesses, law enforcement,health care providers, Colorado State University, Poudre School District and other community sectors to reduce the number of individuals who drive intoxicated. The program uses many strategies to decrease the number of people who drive intoxicated,such as public education and dissemination of information about hazards of driving while intoxicated to youth in the community. A listing of strategies and the program budget is attached. The State of Colorado and the Alcohol and Drug Division of the Colorado Department of Human Services require that the grant funds be dispersed to a "local public procurement unit." A "local public procurement unit" means any county, city, municipality, or other public subdivision of the state, any public agency of any such political subdivision, any public authority,any education,health or other institution,and to the extent provided by law, any other entity which expends public funds for the procurement of supplies, services and construction. PVHS requested that the City serve as the local public procurement unit and a pass-through recipient of the grant proceeds. This Ordin ance will allow the City to disburse the grant funds to PVHS (via the Hospital Foundation) upon completion of any grant-related documents and a subgrant agreement between the City and PVHS. 10. First Reading of Ordinance No. 085, 2007 Appropriating Unanticipated Revenue in the Form of Developer Contributions in the Transportation Services Fund for the Purpose of Providing Improvements to the Railroad Crossing on Vine Drive East of Timberline Road When the Water Glen PUD was approved,a condition of that approval was for the developer to improve and widen Vine Drive offsite from its development to Timberline Road. This connection was required in order for the PUD to comply with the City's Adequate Public Facilities requirements. The improvement included widening and improving the Burlington Northern Santa Fe Railway Company(BNSF)railroad crossing. Since the agreements with the BNSF were slow to happen, the developer deposited funds with the City to pay for its anticipated expense. PAGE 4 The City has worked with the BNSF to improve the crossing. The $95,000 collected from the developer must now be appropriated to pay for the improvements. Since some of the work will be paid for by the Pavement Management Program, it is proposed that the funds be appropriated into the Pavement Management Program. 11. First Reading of Ordinance No. 086, 2007, Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. A grant in the amount of$23,345 has been received from the Colorado Division of Criminal Justice for salaries and supplies and operating expenses associated with the continued operation of the Restorative Justice Program. Restorative justice is an alternative method of holding a youth 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. By identifying and repairing the harm caused by the crime,criminal justice officials are optimistic repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. A $7,782 cash match is required and will be met by appropriating funds from the police operating budget. The grant period is from July 1, 2007 to June 30, 2008. 12. Items Relatine to the Construction of Improvements to Old Fort Collins Heritage Park A. First Reading of Ordinance No. 087, 2007, Authorizing the City Manager to Enter Into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for the Receipt of Funds for Improvements to Old Fort Collins Heritage Park. B. First Reading of Ordinance No.088,2007,Appropriating Unanticipated Revenue in the Neighborhood Parkland Fund - Old Fort Collins Heritage Park Capital Project and Authorizing the Transfer of Appropriations Between Funds to Redevelop a Playground and Construct a Skate Park and Two New Handball Courts at Old Fort Collins Heritage Park. The installation of the new Northside Aztlan Community Center required the removal of the existing playground and skate park. The two facilities were included in the redesign of the park site as part of the new community center design effort. The playground will be located near the community center while the skate park will be relocated to the north and east behind the building. The playground will feature a new climbing boulder. Design of the skate park is being coordinated with downtown skaters. Two new three-wall handball courts provide new recreational opportunities to residents and were initiated by strong interest and support from Fort Collins Handball Association members. There are currently no other public three-wall handball courts in Fort Collins. Handball is a game for everyone regardless of size or gender, is relatively inexpensive to play, develops both sides of the body, is easy to learn and is great exercise. Pursuant to GOCO regulations, the City has until June 21, 2009 to complete the project. PAGE 5 The first Ordinance authorizes and approve the terms of the GOCO grant agreement, including the placing of a restrictive covenant on the Heritage Park property. The second Ordinance appropriates funds to the project from several sources, including the GOCO grant. 13. Items Relating to Safe Routes to School. A. Resolution 2007-068 Authorizing the Execution of an Agreement Between the City of Fort Collins and the Colorado Department of Transportation(CDOT)for the Non- infrastructure Funding of the Safe Routes to School Program. B. First Reading of Ordinance No. 089,2007,Appropriating Unanticipated Revenue in the Transportation Services Fund-FY 2007-2008 Safe Routes to School Project to Fund Safe Routes to School Programming at Five Fort Collins Elementary Schools. The City of Fort Collins Transportation Planning office has received a grant from CDOT Safe Routes to School program for FY 2007 to provide non-infrastructure Safe Routes to School funding in five local schools. This program will target students,parents,and teachers in a collaborative effort to increase the numbers of children bicycling and walking to school. Students will be encouraged to walk and bike by fun and interactive classroom programs and parents will be encouraged to allow children to walk and bike through education and community building activities. 14. First Readiniz of Ordinance No.090,2007,Amendina Section 2-82 ofthe City Code Relatin to Membership of the Affordable Housing Board. At the July 24, 2007 Work Session, the Affordable Housing Board met with City Council as part of the periodic review process for boards and commissions. The Board stated that boardmember turnover had created a problem for meeting quorum requirements at meetings and further stated that the Board had not had full membership this year.The Board requested, as part of its Periodic Review Questionnaire,to reduce its membership from 9 to 7 members. Currently there are 8 members on the Affordable Housing Board due to the resignation of Jason Oldham. On December 31, 2007, Jon Fairchild's term will expire. Since Mr. Fairchild will meet his term limit in December 2007,this vacancy will not be filled bringing the board membership to 7 members beginning January 1, 2008. 15. First Reading of Ordinance No. 091, 2007, Amending Section 1-2 of the City Code to Authorize the City Manager to Designate Employees of the City to Perform Any Duties Assigned by the City Code to Persons Holding Positions of Employment That No Longer Exist under the City's Current Administrative Structure and RatifAng the Administrative Delegation or Reassignment of Certain Duties. The City Code currently contains references to duties and responsibilities of persons occupying specific positions of employment,some of which no longer exist as a result of the recent reorganization of the City's administrative structure in February2007. This Ordinance amends the definition of "delegation of authority" in the City Code to allow the City PAGE 6 Manager to designate,in writing,a position of employment to which those individual duties and responsibilities may be assigned as the need arises. The City Manager's designation would remain in effect until such time as the position designated in the Code is reestablished or the Code is amended to specify a different position to which the duty or responsibility is to be assigned. The Ordinance also ratifies those delegations and reassignments that have occurred since the reorganization. 16. First Reading of Ordinance No. 092,2007,Desi igr ating the Bradley House and Rock Walls, 1510 South College Avenue,as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, Michael P. and Susan C. Curiel, are initiating this request for Fort Collins Landmark designation for the property. The Bradley Residence and associated Rock Walls qualifies for individual Landmark designation under Landmark Standard (3). This property represents a detailed version of the English-Norman Cottage, style popular in the United States during the 1920s and 1930s. The residence is notable for its unusual false thatched roof,pebble surface walls,fieldstone fagade,decorative front and side porch details and elaborately decorated pergola. The moss rock, or fieldstone perimeter walls are an integral part of the property. Constructed of the same material as employed on the house,the walls contribute significantly to the historic character of the property. 17. First Reading of Ordinance No. 093,2007,Designating the J.E.Foreman House,239 North Grant Avenue, as a Fort Collins Landmark Pursuant to Chanter 14 of the City Code The owners of the property,Erin Morgan and Erin Muths,are initiating this request for Fort Collins Landmark designation for the property. The J.E. Foreman House qualifies for Landmark designation under Landmark Standard (1). The house is associated with the period of tremendous growth and prosperity resulting from the opening of the Fort Collins Sugar Manufacturing Company factory in 1904. Although modified, the home is also interesting as an example of Classic Cottage architecture, retaining a preponderance of its stylistic characteristics. 18. Items Relating to the McClelland's Creek PD&PLD Second Filing Annexation and Zoning_ A. Resolution 2007-069 Setting Forth Findings of Fact and Determinations Regarding the McClelland's Creek PD &PLD Second Filing Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 094, 2007,Annexing Property Known as the McClelland's Creek PD &PLD Second Filing Annexation. C. Hearing and First Reading of Ordinance No. 095, 2007,Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the McClelland's Creek PD &PLD Second Filing Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 44.32 acres located at the southwest corner of Kechter Road and Strauss Cabin Road. McClelland's Creek runs along the southwest side of the property and Zach Elementary School directly to the west. The property is undeveloped and PAGE 7 is in the FA-1 Farming District in Latimer County. The requested zoning in the City of Fort Collins is LMN - Low Density Mixed-Use Neighborhood. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. 19. Items Relating to the Rein Annexation and Zoning, A. Resolution 2007-070 Setting Forth Findings of Fact and Determinations Regarding the Rein Annexation. B. Hearing and First Reading of Ordinance No. 096, 2007, Annexing Property Known as the Rein Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 097, 2007, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Rein Annexation to the City of Fort Collins, Colorado. This is a 100% voluntary annexation and zoning of a property that is approximately 1.52 acres in size. The site is 1038 West Vine Drive located between North Shields Street and Wood Street. Contiguity with the existing municipal boundary is gained along the entire southern and western boundaries. 20. First Reading of Ordinance No. 098, 2007, Authorizing the Lease of City-owned Property at 214 North Howes Street,Along with Related Parking Rights at 220 North Howes Street, for up to Five Years. Upon the completion of the new Northside Aztlan Community Center, as part of a facility consolidation effort,the Recreation Department will relocate from its existing location at 214 North Howes to 215 North Mason and the new Northside Aztlan Community Center. Aside from approximately 1,100 square feet of remaining storage, the City has no immediate use for the Recreation Department facility at 214 North Howes Street. This Ordinance authorizes the lease of this City-owned property,along with nine parking spaces located in the parking lot of 220 North Howes Street,and six parking spaces on the south side of 214 North Howes Street. 21. Resolution2007-071 Finding Substantial Compliance and Initiating Annexation Proceedings for the Old Oak Estates Annexation. The Old Oak Estates Annexation is 5.25 acres in size. The site is 5227 Strauss Cabin Road, located approximately one-half mile south of Harmony Road. Contiguity with the existing municipal boundary is gained along the entire northern and western boundaries. The proposed Resolution states that 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 PAGE 8 the annexation and zoning ordinances on October 2, 2007. Not less than 30 days prior, published notice is required by State law. 22. Resolution 2007-072 Authorizing the Payment of $91,000 to Larimer County for the Purchase of a Second Right of Refusal to Acquire Hermit Park. Located on Highway 36 in the Estes Valley,Hermit Park is a beautiful 1,362-acre property recently acquired by Larimer County's Open Lands Programs from Agilent Technologies for $6.5 million. Recreational facilities include 75 designated camp sites, 15 log camper cabins and a large group picnic shelter and related facilities. Recreational activities contemplated on the property will be substantially the same as current uses,which include camping,hiking, mountain biking,horseback riding and group gatherings.The County's Open Lands Program is funding the project with its own monies, as well as grants from numerous other organizations. The Fort Collins Natural Areas Program,in exchange for a Second Right of Refusal (after a First Right of Refusal held by Estes Park), will contribute $91,000 to the County's fundraising campaign. 23. Resolution 2007-073 Accepting the hmprovements in the Timberline and Prospect SID#94, the Statement of the City Engineer Showing the Cost of Said District and the Assessment Roll Prepared by the Financial Officer for Said District. The Timberline Road,Drake to Prospect Project was the most heavily congested intersection in the City. In the absence of any City Capital Improvement funding for this intersection, two impacted developers elected to privately fund these improvements in order to proceed with their development projects. These developers are the maj ority property owners and will receive the proceeds of Special Improvement District #94 to spread a portion of the costs through assessments to other undeveloped property in the area benefitted by the improvements. 24. Resolution 2007-074 Reestablishing a Telephone Exchange Access Facility Charge and a Wireless Communications Access Charge for the Larimer Emergency Telephone Authority Effective January 1. 2008. This Resolution authorizes telephone and wireless telephone service providers to collect a telephone exchange access facility charge and wireless communications access charge for emergency 911 telephone services. 25. Resolution 2007-075 Approving the Intergovernmental Agreement Between the Cities of Fort Collins and Loveland, and with Bohemian Companies, LLC, Regarding Taxiway Improvements at the Fort Collins-Loveland Municipal Airport. The Cities of Loveland and Fort Collins jointly own and operate the Airport. In connection with their joint operation, the Cities desire to perform needed maintenance to a cross wind taxiway that was constructed approximately 22 years ago by the Triad Development Company. Per the original agreement Triad was responsible for constructing a taxiway on City-owned airport land to gain access from Triad's private property to the Airport's runway. The PAGE 9 agreement identified 75 lots on the Triad property that would have access to the Airport via the taxiway;these 75 lot owners are responsible for maintenance/repair costs on the taxiway improvements built on Airport property.The Bohemian Companies,LLC owns three ofthese lots. Currently, the Cities do not have sufficient funds available to upfront the costs to perform the needed maintenance.Bohemian Companies,LLC is willing to advance the Cities money necessary to proceed with the repairs/maintenance to the taxiway, subject to the terms and conditions of the proposed Taxiway Reimbursement Agreement. Upon completion of the repairs to the taxiway, the Cities will reimburse Bohemian Companies the funds that are recovered from the other property owners in the Taxiway Service Area. The Cities are not required to pay Bohemian Companies any funds which are not collected from the other property owners. The taxiway is in very bad condition and needs immediate repair. The taxiway is also used on occasion as a cross wind runway for small single-engine aircraft. The taxiway is made of asphalt and is 2,240 feet long by 40 feet wide. The repairs to be completed under this project will greatly improve safety. The repairs will include the following: • Repair of the cracks in the asphalt surface • Placement of an asphalt leveling course • Installation of a stress absorbing fiber membrane on the entire surface • Placement of a two inch asphalt overlay • Placement of dirt along the pavement edges • Application of paint markings City staff has reviewed the agreement and recommends City Council approval of the agreement. 26. Resolution 2007-076 Making Appointments to the Downtown Development Authority Board. Ordinance No. 067, 2007, adopted on Second Reading on June 5, 2007, amended the City Code to increase the number of members on the Downtown Development Authority Board of Directors (DDA) from nine to eleven, and designated that one of the additional seats would be occupied by a member of the Larimer County Board of Commissioners,subject to appointment by City Council. The County Commissioners have recommended that Commissioner Kathay Rennels be appointed as its representative on the DDA Board. Applications were solicited to fill the additional seat. Councilmembers Ohlson and Brown conducted interviews and are recommending Ryan Keiffer as the additional appointee to the Board. 27. Resolution 2007-077 Making Appointments to the Air Ouality Advisory Board and the Commission on Disability. A vacancy currently exists on the Air Quality Advisory Board due to the resignation of Shane Armstrong. Applications were solicited and Councilmembers Roy and Ohlson conducted PAGE 10 interviews. The Council interview team is recommending Katrina Winborn to fill the vacancy with a term to begin immediately and set to expire on December 31, 2009. A vacancy currently exists on the Commission on Disability due to the resignation of Joan Cook. Applications were solicited and Mayor Hutchinson and Councilmember Poppaw conducted interviews. The Council interview team is recommending Lydia Wiatrowski to fill the vacancy with a term to begin immediately and set to expire on December 31, 2010. END CONSENT 28. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 29. Staff Reports. 30. Councilmember Reports. There are no discussion items. 31. Pulled Consent Items. 32. Other Business. 33. Adioutnment. 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.