Loading...
HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 04/19/2011 - SUMMARY AGENDA Cityof CITY COUNCIL AGENDA F6rt Collins Karen Weitkunat; Mayor Kelly Ohlson, District 5, Mayor Pro Tern Council Chambers Ben Manvel, District 1 City Hall West Lisa Poppaw, District 2 300 LaPorte Avenue Aislinn Kottwitz, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Gerry Horak, District 6 on the Comcast cable system Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Krajicek, City Clerk 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. Assisted hearing devices are available to the public for Council meetings. Please call 221-6515(TDD 224-6001)for assistance. REGULAR MEETING April 19, 2011 Proclamations and Presentations 5:30 • A. Proclamation Declaring April 22, 2011 as Arbor Day. B. Proclamation Declaring April 2011 as Month of the Young Child. C. Proclamation Declaring April 28, 2011 as Pay It Forward Day. D. Proclamation Declaring May 1-8, 2011 as the Cinco de Mayo Celebration. E. Proclamation Declaring April 10-18 as National Crime Victims Rights 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 are 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 CALENDAR 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 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: • Ordinance 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 March 15, 2011 Regular Meeting and the March 22, 2011 Adjourned Meeting. 7. Second Reading of Ordinance No.038,2011,Appropriating Prior Year Reserves in the Natural Areas Fund forthe Purpose of Providing Natural Areas Programming Not Included in the 2011 Adopted City Budget. This Ordinance, unanimously adopted on First Reading on March 15, 2011, appropriates prior year reserves in the Natural Areas Fund for the purpose of land conservation, construction of public improvements, 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 039 2011 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project, Phase IV. Right-of-way acquisition continues for the Mason Express Bus Rapid Transit (BRT) Project. This Ordinance,unanimously adopted on First Reading on March 15,2011,pertains to the next acquisition phase of the BRT Project and is comprised of seven separate properties ready for the acquisition stage. The City Council authorization specified by this Ordinance begins the first step of the City's acquisition process for the property interests within this phase. 9. Second Reading of Ordinance No 040 2011 Appropriating Unanticipated Grant Revenue in the Transportation Services Fund to be Used for the 2011 Fort Collins Bike Program. The City of Fort Collins' FC Bikes Program was awarded Congestion Mitigation &Air Quality grant funding from the North Front Range Metropolitan Planning Organization and Colorado Department of Transportation for years 2010-2011. Ordinance No. 040, 2011, unanimously adopted on First Reading on March 15,2011,appropriates the$150,000 in Federal Congestion Mitigation&Air Quality (CMAQ) funds awarded to the City for the FC Bikes program for fiscal year(FY) 2011. 10. First Reading of Ordinance No. 041 2011 Appropriating Unanticipated Revenue in the Capital Projects Fund for the Building on Basics Lincoln Center Renovation Proiect. The Lincoln Center Renovation project is funded primarily through the Building on Basics capital tax approved by voters in 2005. Unanticipated grant and donation revenue will be used to complete the full scope of the estimated$8 million project. Approximately$5.5 million has been appropriated from the Building on Basics tax and$1.86 million from unanticipated grant revenue and prior year reserves in the Cultural Services and General Funds. This ordinance appropriates an additional$605,000 from unanticipated grant and donation revenue. Additional funds will be raised through fund-raising with the Building on Basics dollars being leveraged to complete the full scope of the capital project. 11. First Reading of Ordinance No 042 2011 Appropriating Prior Year Reserves City Council authorized expenditures in 2010 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2010 because: • there was not sufficient time to complete bidding in 2010 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 2010 and reappropriation of those dollars is necessary for completion of the project in 2011. • to carry on programs, services, and facility improvements in 2011 with unspent dollars previously appropriated in 2010. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2010 and reflect no change in Council policies. 12. First Reading of Ordinance No 043 2011 Appropriating Unanticipated Grant Revenue in the General Fund for the Exterior Preservation and Reconstruction of the Avery Building. This Ordinance appropriates unanticipated revenue in the amount of $430,270 for the exterior preservation and reconstruction of the Avery Building at the intersection of College and Mountain Avenue. A grant provided by the Colorado Historical Society's State Historical Fund in the amount of$215,135 will be matched by an equal amount of funds from the property owner(Avery Building LLC). Page 4 13. First Reading of Ordinance No. 044, 2011, Appropriating Prior Year Reserves in the Transportation Services Fund for the Civic Center Parking Structure. Parking reserves are accumulated in the Transportation Fund to perform major maintenance and repair projects in the Civic Center Parking Structure. This Ordinance will appropriate funds from those reserves for three projects: to complete an interior painting project that was started in 2009; make repairs to the second level deck seal that forms the ceiling of Civic Center Village; and purchase a piece of pressure washing equipment that will be used to keep the parking structure clean. 14. First Reading of Ordinance No. 045, 2011, Amending Section 17-40 of the City Code Pertaining to the Offense of Trespass. The recently executed Construction and Maintenance Agreement with the Burlington Northern Santa Fe (BNSF) Railroad allowing the City's use of the railroad right-of-way for Bus Rapid Transit(BRT) operations along the Mason Corridor, requires the enactment of an ordinance specific to trespass on railroad property. This Ordinance provides law enforcement the ability to self-initiate enforcement action. With the addition of BRT service in the railroad right-of-way, the potential for unauthorized access by vehicles and pedestrians poses a safety risk. It is in the City's best interest to minimize these safety risks by limiting unlawful access to the railroad right-of-way,which also includes the BRT guideway and specific areas on Mason Street between intersections from Laurel Street to Vine Drive. A variety of physical barriers will be installed with the project to minimize unlawful access, including signs and access control gates. Law enforcement presence and the issuing of citations related to this Ordinance will improve safety along the corridor. 15. First Reading Ordinance No.046,2011,Amending Ordinance No.019, 1877 of the City of Fort Collins Granting Right-of-Way to the Colorado Central Railroad Company. The recently executed Construction and Maintenance Agreementwith the Burlington Northern Santa Fe (BNSF) Railroad allowing the City's use of the railroad right-of-way for Bus Rapid Transit(BRT) operations along the Mason Corridor, requires an Amendment to Ordinance No. 019, 1877. The original Ordinance permits the Colorado Central Railroad Company(now BNSF)to build, construct, and operate a railroad in and through the town of Fort Collins through and along Mason Street from Laurel Street to Vine Drive. This Amendment defines the width of the right-of-way (currently undefined)at eighteen feet between 180 feet north of Laurel Street and Vine Drive.The width of right- of- way is reduced to fourteen feet between Laurel Street and 18d feet north of Laurel Street, to accommodate a southbound leftturn lane.The Citywill also periodically close the southbound leftturn lane between Laurel Street and 180 feet north of Laurel Street to vehicular traffic at City expense in order to allow BNSF to use mechanized equipment to maintain the track in the future. 16. First Reading of Ordinance No. 047, 2011, Amending Sections 22-43 and 28-42 of the City Code Relating"to Paving and Maintenance of Streets, and Particularly as Affected by the Mason Express Bus Rapid Transit Project. The recently executed Construction and Maintenance Agreement with the Burlington Northern Santa Fe (BNSF) Railroad allowing the City's use of the railroad right-of-way for Bus Rapid Transit(BRT) operations along the Mason Corridor, requires an Amendment to City Code Sections 22-43 and 28- 42. These City Code sections currently require railway companies to pave and maintain that part of the street between the rails and two feet outside each rail, as well as keep the rails on a level surface with the adjacent street. This amendment modifies these Code Sections to allow the BNSF railroad to, at its expense, maintain open ballast track protected by curb islands from Laurel Street to Vine Drive. Intersections in this length of Mason Street are excluded and will stay in their current configuration to allow for turning traffic, where appropriate. Once the project is complete, the track section confined by the islands will not carry automobile traffic. Therefore it will not be necessary for pavement to be maintained between the rails,or for the rail elevation to match the roadway elevation. Page 5 17. First Reading of Ordinance No. 048, 2011, Vacatinq a Portion of Right-of-Way as Dedicated on the Plat of South College Commercial Subdivision. In 1977, the South College Commercial Subdivision, located south of Thunderbird Drive and west of College Avenue, platted two tracts and public rights-of-way for South College Avenue Frontage Road and McClelland Drive, adjacent to the parcel. The portion of the Frontage Road requested for vacation is the grassy area to the west of the paved travel way of the Frontage Road and the sidewalk. The adjacent property owner is the party requesting the vacation. 18. First Reading of Ordinance No. 049, 2011, Vacating the Right-of-Way for Star Dust Lane as Dedicated on the Plat of Willow Brook. In 2001,the Willow Brook Plat, located between Rock Creek Drive to the north and Kechter Road to the southeast of Lady Moon Drive and west of Northern.Lights Drive, platted several lots and public streets. Star Dust Lane was originally dedicated to provide access to Parcels A and B, located southeast of Rock Creek Drive and Lady Moon Drive. To date, neither Parcel A nor B have been developed. The property owner has requested that the Star Dust right-of-way be vacated to allow the parcels to be replatted into 61 single family lots that will be served by three new internal streets taking access off of Galileo Drive. 19. First Reading of Ordinance No. 050, 2011, Authorizing the Conveyance of Two Pedestrian and Access Easements on City Right-of-Way Adjacent to 200 South College Avenue to 314 E. Mountain, LLC. 314 E. Mountain, LLC("Owner")recently purchased the first floor of the condominium building at 200 South College Avenue, located at the southeast corner of College Avenue and Oak Street. The Owner is making some modifications to the first floor, some of which are on the outside of the structure. Since the property line for this building is only about afoot from the lot line,these structure modifications will be in the City right-of-way (sidewalks of College and Oak). The Owner has requested two pedestrian and access easements to allow the installation of stairs and ramps within the right-of-way on the north side of the building (Oak Street). 20. Resolution 2011-034 Authorizing the Lease of City-Owned Property Located at 200 West Mountain Avenue, Suite A, to Beet Street for Up to Two Years. Beet Street is a non-profit arts and culture economic development organization formed by the Fort Collins Downtown Development Authority (DDA) to help develop Fort Collins into a nationally recognized arts and culture center and destination by distinguishing themselves as an intellectually vital community that fosters, celebrates, and inspires human creativity. Beet Street is in need of a larger office space and has approached the City to utilize approximately 1,808 square feet of space located at 200 West Mountain Avenue,Suite A. Beet Street plans to move into the Carnegie Building after the new Fort Collins Museum/Discovery Science Center is built, subject to approval of a lease for that space by the City Council. 21. Resolution 2011-035 Makinq Findinqs of Fact Regardinq the Appeal of the Approval of the 431 East Laurel Street Project Development Plan, Modification of Standards of Land Use Code Section 4.8(D)(1) (Minimum Lot Size) and Land Use Code Section 3.22(K)(1)(a) (Duplex Parking) On March 1, 2011, an Amended Notice of Appeal was filed regarding the January 12, 2011 decision of the Hearing Officer to approve, with conditions, the 431 East Laurel Street Replat and Project Development Plan. On March 22, 2011, City Council voted 3—3 on the motion to overturn the decision of the Hearing Officer. Because a majority vote was not achieved, the decision of the Hearing Officer stands. In order to complete the record regarding this appeal, Council should adopt a Resolution making findings of fact and finalizing its decision on the Appeal. Page 6 22. Resolution 2011-036 Makinq Appointments to Various Boards and Commissions. This Resolution makes appointments to fill current vacancies on the Affordable Housing Board, Air Quality Advisory Board,the Commission on Disability,the Land Conservation and Stewardship Board, the Landmark Preservation Commission, and the Senior Advisory Board. 23. Routine Easements. The Downtown Alley Improvement Project is a joint project with the City of Fort Collins and the Downtown Development Authority("DDA"). The alley being improved this year is known as the West Myrtle Alley and is bound by College Avenue, Mason Street, Laurel and Myrtle Streets. Construction is scheduled for this summer. END CONSENT 24. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted orapproved on the Consent Calendar. 25. Staff Reports. 26. 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. Page 7 27. Items Relatinq to the East Side and West Side Neighborhood Design Standards Referendum Petition. (staff: Wanda Krajicek; 5 minute staff presentation; 45 minute discussion) A. Presentation of a Certified Petition Seeking to Repeal Ordinance No. 003, 2011, Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods. (No Action Needed) B. First Reading of Ordinance No. 052, 2011, Repealing Ordinance No. 003, 2011, Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods. OR C. First Reading of Ordinance No. 053, 2011, Calling a Special Election to be Held in Conjunction with the November 1, 2011 Larimer County Coordinated Election. OR D. Resolution 2011-037 Referring Ordinance No. 003, 2011, Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods, to a Vote of the Registered Electors of the City at the Next Regular Municipal Election on April 2, 2013. On April 7, 2011, the City Clerk certified that a petition received from Barbara Hoehn on Monday, March 14, 2011, requesting that Council repeal Ordinance No. 003, 2011 or refer such ordinance to the registered voters of the city was sufficient to require further action by the Council. Upon presentation to the Council of a petition certified as sufficient for referendum, the operation of the ordinance in question is automatically suspended pending repeal by the Council or final determination by the voters. If the ordinance is not repealed, the Council must refer the ordinance to a vote of the registered electors at the next regular or special City election scheduled for any other purpose. Alternatively, the Council may call a special election for this specific purpose. For consideration at this meeting, staff has prepared an ordinance calling a special election to be held in conjunction with the Larimer County Coordinated Election on November 1, 2011. If Council would prefer to call a special election at a differentdate,the ordinance can be amended accordingly before second reading. The earliest practical opportunity for a special election would be August 2, 2011. If the Council chooses to wait until April 2013 to have the voters considerthis issue, Resolution 2011- 037 is presented to place the issue on the ballot and set the ballot language. If Council opts for a special election on another date, a revised Resolution will be presented to Council on May 3 in conjunction with Second Reading of the ordinance calling the special election. Page 8 28. Items Relating to the Greeley Bellvue Pipeline on City Property. (staff: Lindsay Kuntz,Susan Smonik, Roger Buffington; 5 minute staff presentation; 45 minute discussion) A. First Reading of Ordinance No. 054, 2011, Authorizing the Conveyance of a Waterline Easement, Access Easement, and Temporary Construction Easement on City property to the City of Greeley. B. Resolution 2011-038 Authorizing the City Manager to Enter Into a Shared Location Agreement for the Greeley Bellvue Pipeline to Cross a City Utility Easement. The City of Greeley is in the process of acquiring the necessary easements for their Greeley Bellvue Pipeline Project. Greeley has requested easements for its Project across a strip of property owned by the City extending south from the Poudre River. The property is the location of a ditch known as the City Ditch, which is owned by the City of Fort Collins Utility Department. The City Ditch was constructed in the late 1880s to convey water to the old Water Works Facility. The Larimer County Canal No. 2 Irrigating Company utilizes this ditch through an existing easement agreement with the City. The easements requested by Greeley include a .19 acre (8,265 square feet) permanent waterline easement, a .133 acre (5,808 square feet) temporary construction easement, and an access easement across the existing ditch access road. Greeley has also planned to install its pipeline across an existing utility easement containing a 27-inch waterline owned by the City. In order to protect the City's easement interest and existing utility improvements, Greeley has agreed to enter into a Shared Location Agreement regarding this crossing. The requested easements and encroachment on the City's existing easement were presented to the City's Water Board at its December 2010 meeting. They were also presented to the Land Conservation and Stewardship Board meeting on December 8, 2010. Both boards unanimously recommended approval of the easements. Greeley has agreed to pay the City for the value of each easement, as well as City Real Estate staff time. 29. Resolution 2011-039 Authorizing the City Manager to Execute a Revised Long-Term Airport Access Agreement and Grant of Access Easement with Rocky Mountain Airport Investments, LLC and Related Intergovernmental Agreement with One or More Metropolitan Districts at the Fort Collins- Loveland Municipal Airport. (staff:Mike Freeman; 10 minute staff presentation;45 minute discussion) As part of the overall proposed agreement, the Developer has agreed, as specified in the Access Agreement and Intergovernmental Agreement ("IGA"), both of which are attached to the proposed Resolution, to provide proceeds from one or more Metropolitan Districts (5 mils) to the Airport in exchange for the granting of an access easement to the Airport for aviation related uses. An access easement on the Airport is granted to the Developer from the Developer's real property adjacent to the Airport. This an updated agreement from the one approved by both the Loveland and Fort Collins City Councils in September 2008. This update addresses concerns related to sequencing for platting the parcels and creation of the metropolitan districts, and establishes a performance deadline of September 30,2012 for FAA approval of the access easement,creation of the Metropolitan Districts as to both the north and south parcels,and required improvements to the south parcel. The required improvements include infrastructure in both the proposed airpark and on the Airport to accommodate the proposed access. The required improvements on the north parcel must be completed by September 30, 2019. Page 9 The new agreement is now 50 years, with no 30-year extension as contemplated in the original agreement. The 30-year extension was based on construction of an on-airport Fixed Based Operator (FBO) business, no such investment is planned at this time, so the 30-year extension option is not included in this agreement. 30. First Reading of Ordinance No. 055 2011,Amending Section 25-71 and Section 25-74(b)of the City Code to Exempt Manufacturing Equipment from the City Use Tax and Repealing Division 5, Article II of Chapter 25 r i Me 12 A ate.:(staff:Mike'Freeman; 10 minute staff This Ordinance ad io i t ction 25-74-Imposition of the use tax. This exe t u b f ng equipment will continue to• be subjectto sales h u i e a Program will be discontinued, effective June 30, 2011. 31. Pulled Consent Items. 32. Other Business. 33. 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.forthe 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 Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. 4