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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 09/04/2007 - SUMMARY AGENDA REGULAR MEETING AGENDA FORT COLLINS CITY COUNCIL City of Fort Collins September 4, 2007 Doug Hutchinson, Mayor City Council Chambers Kelly Ohlson, District 5, Mayor Pro Tem 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 and Presentations 5:30 • A. Proclamation Declaring"Security" as the Character Focus for September 2007. B. Proclamation Declaring September 15-October 15, 2007 as Hispanic Heritage Month. C. Proclamation Declaring September as National Save a Life Month. D. Proclamation Proclaiming September 15, 2007 as Fort Collins Mayors Day. E. Proclamation Proclaiming September 3-7, 2007 as Payroll Week. Regular • 11 • PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. PAGE 2 3. CITIZEN PARTICIPATION (limited to 30 minutes) Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking,please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker's time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak,the Mayor may reduce the time allowed for each individual. • State your name and address for the record • Applause,outbursts or other demonstrations by the audience is not allowed • Keep comments brief,if available,provide a written copy of statement to City Clerk 4. CITIZEN PARTICIPATION FOLLOW-UP: This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen Participation. 5. AGENDA REVIEW: CITY MANAGER Consent • The Consent Calendar consists of Items 6 through 26. 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 August 21, 2007 Regular Meeting 7. Second 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 Proaram. Poudre Valley Health System("PVHS")has developed"Choose the Right Road",a program designed to minimize the number of individuals who drive while intoxicated. PVHS has received a grant from the Alcohol and Drug Abuse Division of the Colorado Department of Human Services which requires that the grant funds be dispersed to a "local public procurement unit." PVHS has requested that the City serve as the local public procurement unit and a pass-through recipient of the grant proceeds. This Ordinance, unanimously adopted on First Reading on August 21,2007,allows the City to disburse the grant funds to PAGE 3 PVHS (via the Hospital Foundation) upon completion of any grant-related documents and a subgrant agreement between the City and PVHS. 8. Second Reading of Ordinance No. 085, 2007, Appropriating Unanticinated Revenue in the Form of Developer Contributions in the Transportation Services Fund for the Puroose of Providing Improvements to the Railroad Crossing on Vine Drive East of Timberline Road. As a condition of approval of the Water Glen PUD,the developer of the project paid the City $95,000, which represented the Developer's share of the costs to improve and widen the railroad crossing on Vine Drive, east of Timberline Road. This Ordinance, unanimously adopted on First Reading on August 21, 2007, appropriates these funds to pay for the improvements. 9. Second 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(DCJ)for salaries associated with the continued operation of the Restorative Justice Program. This Ordinance, unanimously adopted on First Reading on August 21, 2007, appropriates the grant money. A $7,782 cash match is required and will be met by appropriating funds from the police operating budget. 10. Items Relating to the Construction of Improvements to Old Fort Collins Heritage Park. A. Second 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. Second 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. Ordinance No. 087, 2007 authorizes and approve the terms of the GOCO grant agreement, including the placing of a restrictive covenant on the Heritage Park property. Ordinance No. 088, 2007 appropriates funds to the project from several sources, including the GOCO grant. Both Ordinances were unanimously adopted on First Reading on August 21, 2007. 11. Second 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 PAGE 4 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. This Ordinance,unanimously adopted on First Reading on August 21,2007,appropriates the funds from this grant. 12. Second Reading of Ordinance No. 090, 2007, Amending Section 2-82 of the City Code Relating to Membership of the Affordable HousingB oard. The Affordable Housing Board requested, as part of its Periodic Review Questionnaire, to reduce its membership as boardmember turnover has created a problem for meeting quorum requirements at meetings and the Board has not had full membership this year. This Ordinance, unanimously adopted on First Reading on August 21, 2007, reduces the membership of the Affordable Housing Board from nine members to seven. 13. Second 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 Ratifying 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 February 2007. This Ordinance,unanimously adopted on Fast Reading on August 21,2007,amends the definition of"delegation of authority" in the City Code to allow the City 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. 14. Second Reading of Ordinance No. 092, 2007. Designating the Bradley House and Rock Walls, 1510 South College Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Ordinance No. 092, 2007, unanimously adopted on First Reading on August 21, 2007, designates the Bradley House and Rock Walls as a Fort Collins Landmark. The owners of the property, Michael P. and Susan C. Curiel, are initiating this request. 15. Second Reading of Ordinance No. 093, 2007, Designating the J.E. Foreman House, 239 North Grant Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Ordinance No. 093, 2007, unanimously adopted on First Reading on August 21, 2007, designates the J.E.Foreman House as a Fort Collins Landmark. The owners of the property, Erin Morgan and Erin Muths, are initiating this request. PAGE 5 16. Items Relating to the McClelland's Creek PD&PLD Second Filing Annexation and Zoning, A. Second Reading of Ordinance No. 094, 2007, Annexing Property Known as the McClelland's Creek PD & PLD Second Filing Annexation. B. Second 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. These Ordinances, unanimously adopted on First Reading on August 21, 2007, 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 is in the FA-1 Fanning District in Larimer County. The requested zoning in the City of Fort Collins is LMN-Low Density Mixed-Use Neighborhood. 17. Items Relating to the Rein Annexation and Zoning A. Second Reading of Ordinance No.096,2007,Annexing Property Known as the Rein Annexation to the City of Fort Collins, Colorado. B. Second 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. These Ordinances annex and zone 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. The proposed zoning for the entire site is Limited Commercial. 18. Second Reading of Ordinance No.098,2007,Authorizing the Lease of City-owned Propertv at 214 North Howes Street.Along with Related Parking Rights at 220 North Howes Street, for un to Five Years, and the Related Extension of Triad Systems En ingi eering's Current Lease of City-owned Property at 200 West Mountain Avenue until 214 North Howes Street is Available for Occupancy. 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, unanimously adopted on August 21,2007, 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. The Ordinance also authorizes an extension of the proposed tenant's current lease at 200 West Mountain Avenue until 214 North Howes is available. PAGE 6 19. First Reading of Ordinance No. 099, 2007,Appropriating Unanticipated Grant Revenue in the General Fund for the Landmark Rehabilitation Loan Program. This Ordinance appropriates $24,000 provided by a grant from the Colorado Historical Society toward the rehabilitation of historic commercial properties in Fort Collins. 20. First Reading of Ordinance No. I K 2007,Authorizing the Purchasing Agent to Enter into an Extension of the Restaurant/Snack Bar Concession Agreement at Collindale Golf Course for up to Five Additional Years. The existing Agreement with the Collindale Golf Course food and beverage concessionaire, Brauns Bar & Grill at Collindale, LLC, dba Manno's Grille at Collindale, owned and operated by Fort Collins residents Scott and Karrie Manning,expires on December 31,2007. This five-year Agreement was entered into on January 17,2003,after being awarded through Request For Proposal (RFP)#P-869. As per RFP Specification No. 1, "...The duration of the Agreement...(runs through 2007)with possible extensions of the original five-year term for up to five additional years if performance is satisfactory and subject to City Council approval...." This is contingent on public input and comment, the Golf Board recommendation, and the ability of the City and the Concessionaire to negotiate a mutually acceptable extension agreement. 21. First Reading of Ordinance No. 101, 2007. Vacating a Portion of Certain Ri t-of-Way Acquired by the City in Connection with the Feather Ridge Annexation, Strachan Farm Annexation and Harmony Annexation No. 4. The Hidden Pond Estates development site is located north of Harmony Road,east of Ziegler Road and south of Horsetooth Road. As a part of the Feather Ridge Annexation, Strachan Fang Annexation and Harmony Annexation Number 4, the City acquired certain street rights-of-way. At the Planning and Zoning Board hearing for Hidden Pond Estates,held on June 21, 2007, it was shown that the street is no longer needed and a private drive will be provided instead. Therefore, the right-of-way for the street is no longer necessary and is proposed for vacation at this time. While the right-of-way is being vacated, utility, drainage, access, and emergency access easements are being retained and there are no objections by public or private utilities. 22. Resolution 2007-078 Authorizing A Revocable Permit to the Colorado Department of Agriculture for the Urban Front Range Monitoring Network Proiect for Monitoring Pesticides and Nitrates/Nitrites in Groundwater. The Colorado Department of Agriculture is developing the Urban Front Range Monitoring Network which will cover urban areas from Fort Collins to Pueblo as part of the Colorado Agricultural Chemicals and Groundwater Protection Program. The Colorado Department of Agriculture has requested that the City of Fort Collins grant permission to enter various parcels owned by the City to install monitoring wells and conduct periodic groundwater testing as part of their Urban Area Monitoring Well Project. PAGE 7 23. Resolution 2007-079 Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund to Commission an Artist to Create an Art Element for the Spring Canyon Community Park Tree Project. This Resolution would approve expenditures of $15,000 for design, fabrication, travel, signage and contingency for a project with the artist Kenny Davis to carve three existing trees for the Spring Canyon Community Park Tree Project. 24, Resolution 2007-080 Setting the Dates of the Public Hearings on the 2008 and 2009 Proposed City of Fort Collins Biennial Budget. The City will be adopting a biennial budget for the years 2008 and 2009. The City Charter requires that the City Council set a date for a public hearing on the proposed budget. This Resolution sets that hearing date for the Council meeting of September 18,2007. In an effort to receive further public input, this Resolution also sets an additional hearing date for the October 2, 2007 Council meeting. 25. Resolution 2007-081 Establishing Fees Charged by Fort Collins Municipal Court Relating to Release of Criminal Justice Records. The Fort Collins Municipal Court assesses various costs and fees, in addition to fines and other penalties. The Colorado Criminal Justice Records Act allows criminal justice agencies to"assess reasonable fees,not to exceed actual costs,including but not limited to personnel and equipment, for the search, retrieval and copying of criminal justice records". The Act also requires that the amount of such fees in this instance be set by City Council. It is not expected that the fees generated from these records requests will increase revenues for the Municipal Court since these fees are set at a level to only cover the actual cost, including staff time, materials and depreciation of equipment, of providing records to the public. 26. Routine Deed. Deed of Dedication from Hewlett-Packard Company for a permanent right-of-way for public street purposes, located at 3105 East Harmony Road. Monetary consideration: $10. END CONSENT 27. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. PAGE 8 28 Staff Reports. a. Presentation of the CMAQ Grant awards. 29. Councilmember Reports. Discussion Items The method of debate for discussion items is as follows: • Mayor introduces the item number,and subject;asks if formal presentation will be made by staff • Staff presentation(optional) • Mayor requests citizen comment on the item(five minute limit for each citizen) • Council questions of staff on the item • Council motion on the item • Council discussion • Final Council comments • Council vote on the item Note: Time limits for individual agenda items maybe 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. 30. Resolution 2007-082 Submitting to the Registered Electors of the City a Proposed Twenty- Five Hundreths Percent (0.25%) Sales and Use Tax Increase on All Taxable Services and Tangible Personal Property Except Food For the Purpose of Obtaining Additional Revenues For Health and Safety Purposes. (1 hour discussion) Council discussed funding options for Health and Safety Needs at the August 28 Work Session. The majority of Council agreed that existing revenue is insufficient to fund health and safety needs. Council asked staff to prepare ballot language for consideration at the September 4, 2007 Council meeting that would increase the City's base sales tax rate by a quarter cent (25 cents on a$100 purchase). If the voters approve this proposed increase, it would apply to all taxable purchases except food and prescription drugs and would generate approximately$5.5 million annually. It would be used to supplement,rather than replace, the amounts presently being expended for health and safety. It would be distributed as follows: Police Services $3.3 million 60% Fire Services (PFA) $1.1 million 20% Other Health& Safety $1.1 million 20% 31. Pulled Consent Items. 32. Other Business. 33. Adjournment. PAGE 9 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.