Loading...
HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 11/06/2007 - SUMMARY AGENDAREGULAR MEETING AGENDA Doug Hutchinson, Mayor Kelly Ohlson, District 5, Mayor Pro Tem Ben Manvel, District 1 Lisa Poppaw, District 2 Diggs Brown, District 3 Wade Troxell, District 4 David Roy, District 6 FORT COLLINS CITY COUNCIL November 6, 2007 City Council Chambers City Hall West 300 LaPorte Avenue Fort Collins, Colorado Cablecast on City Cable Channel 14 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. A. Proclamation Declaring "Thoroughness" as the Character Focus for November 2007. 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 The Consent Calendar consists of Items 6 through 14. 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. 22, 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 October 2, 2007 and October 16, 2007 Regular Meetings. Second Reading of Ordinance No. 111, 2007, Appropriating Unanticipated Grant Revenue from the Bureau of Justice Assistance in the General Fund for the Larimer CountvDrug Task Force. This Ordinance, unanimously adopted on First Reading on October 16, 2007, appropriates grant funds received by the City for the Larimer County Drug Task Force from the Bureau of Justice Assistance. These funds are to be used to fund the investigation of illegal narcotics activities in Larimer County. PAGE 3 8. Second Reading of Ordinance No 112 2007 Appropriating Prior Year Reserves In the Street Oversizing Fund for Transfer To the Capital Proiects Fund - North College Avenue Improvements Project to Be Used for to Acquire Property Necessary for Future Improvements along North College Avenue. This Ordinance, unanimously adopted on First Reading on October 16, 2007, appropriates funds to be used to acquire a tract of land on the east side of North College Avenue that will be necessary for the realignment of Vine Drive. 9. Second Reading of Ordinance No 113 2007 Authorizing the Lease of City -Owned Property at 211 South Bryan Avenue for Up to Ten Years. The Fort Collins Baseball Club leases a 1,495 square -foot City facility located near the baseball diamonds at City Park. The term of the current lease is expired and the Baseball Club wishes to renew its lease arrangement with the City for up to ten years. This Ordinance, unanimously adopted on First Reading on October 16, 2007, approves the lease. 10. First Reading of Ordinance No 129 2007 Appropriating Unanticipated Grant Revenue in the General Fund for the Operation of the Colorado Welcome Center. The City has been awarded a renewal grant for the Colorado Welcome Center for the year July 1, 2007 to June 30, 2008. Grant funds have been awarded from the Colorado Tourism Office in the amount of $75,726 for the operation of the Colorado Welcome Center. The City has contracted with the Fort Collins Convention and Visitors Bureau to operate this program. Neither City General Funds nor Lodging Tax revenue are included in this project. 11. First Reading of Ordinance No 130 2007 Amending Section 25-123(c) of the City Code Relating to the Vendor Fee for Collecting and Remitting Sales Tax. This Ordinance will modify the formula used to calculate the vendor fee for sales and use tax licensees. The proposed modification will result in $390,000 of ongoing additional revenue being available for General Fund uses. This change will not increase taxes or fees charged, but will lower the amount of City sales and use taxes that vendors are allowed to retain in exchange for the service they provide in collecting City taxes. Currently, vendors are allowed to retain 3% of sales and use taxes collected, up to a maximum of $90 per reporting period. Under the proposed fee, vendors will retain 1% of the tax, up to $45 per reporting period. 12. First Reading of Ordinance No 131 2007 Amending the City Code Regarding Nuisance Abatement Collections and Liens. The City Code currently permits imposing tax liens on properties for unpaid abatement assessments in three separate sections of the Code. The proposed changes to each section will clarify the process and make each section consistent with the others. Neighborhood and Building Services' (NBS) Director and staff recommend making changes to the Code regarding the procedures for recouping the City's costs of abating nuisances, sidewalk snow removal, and forestry encroachments. These changes will provide the City PAGE 4 with an efficient mechanism with which to place liens on properties for unpaid and delinquent abatement charges. 13. Items Relating to Real Property Conveyances for the Benefit of the Willow Street Loft Proiect. A. First Reading of Ordinance No. 132, 2007, Authorizing the Conveyance of Certain Real Property at the Northside Aztlan Community Center to Lagunitas Giddings, Inc. B. First Reading of Ordinance No. 133, 2007, Authorizing the Conveyance of a Sidewalk Easement, Landscape Easement, Drainage Easement and a Temporary Construction Easement at the Northside Aztlan Community Center to Lagunitas Giddings, Inc. C. First Reading of Ordinance No. 134, 2007, Authorizing the Conveyance of a Utility Easement at the Northside Aztlan Community Center to Comcast of Califomia/Colorado LLC and to Qwest Corporation. Lagunitas Giddings, Inc. ("LGI") has been in the planning process for some time for the Willow Street Loft Project ("WSLP"). In order for LGI to design the project to the design of its choice, LGI needed to acquire one-half of a vacated alley on City -owned property and also needed to acquire the above described easements. All these property interests are on City -owned property known as the Northside Aztlan Community Center ("NACC"). Staff from Parks and Real Estate has met numerous times with LGI to discuss the effect on the NACC property in relation to the WSLP. When these discussions were first held, City staff asked LGI to wait on its project until the new NACC was platted and constructed. The project is very near to completion, so staff has agreed to present these requests to Council for its approval. 14. First Reading of Ordinance No. 135. 2007, Authorizing the Conveyance of a Portion of Lot 30 in Golding Dwyer Subdivision of Block 275, in the City of Fort Collins. A local real estate broker is attempting to sell the house and lot at 525 North Whitcomb Street, being Lot 31, in Golding -Dwyer Subdivision, of Block 275. Lot 31 is adjacent to the City -owned Lot 30. A two -car garage that is attached to the house on Lot 31 is located on and encroaches upon a portion of City -owned Lot 30. The broker wants to sell Lot 31 and the encroachment area on Lot 30 together, in order for the purchaser to have both house and attached garage on two lots. In 1998, the City acquired this lot along with vacated railroad property from Burlington Northern and Santa Fe Railroad. At the time the property was acquired, the encroachment of the garage already existed. The portion of Lot 30 to be conveyed is not suitable for any present or future use by the City. By selling the land, it will be returned to the tax rolls of the City and will be maintained by a new owner according to City standards. END CONSENT PAGE 5 15. Consent Calendar Follow-up. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 16. Staff Reports. 17. Councilmember Reports. 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. 18. Consideration of the AppealbvRgpresentativesoftheUniversityAcresNeighborhoodofthe September 20, 2007 Determination of the Planning and Zoning Board to Approve with Conditions the Poudre Valley Hospital Parking Structure and Medical Office Building, Project Development Plan. ( 2 hours) On September 20, 2007, the Planning and Zoning Board conducted a public hearing considering the Poudre Valley Hospital Parking Structure and Medical Office Building P.D.P. The Board considered testimony from the applicant, the public and Staff. The P.D.P. was approved with four conditions. Representatives from University Acres Neighborhood have appealed the Board's decision. The allegations are that relevant laws were not properly interpreted and applied, and the Board failed to hold a fair hearing by considering substantially false or grossly misleading evidence and improperly failing to receive all relevant evidence offered. 19. Hearing and First Reading of Ordinance No. 136, 2007, Assessing the Cost of Improvements in the Timberline and Prospect Special Improvement District No. 94 in the City of Fort Collins, Colorado, and Providing for the Payment and Collection Thereof. (5 minute staff presentation - 30 minute discussion) In October 2005, Council established the Timberline and Prospect Special Improvement District #94 (the "District"). The City has completed the improvements and is now prepared to assess the District. In accordance with Chapter 22 of the City Code, the City began the PAGE 6 close out with Resolution 2007-073, which accepted the improvements and ordered a notice to be sent to property owners informing them of the assessment. A revised resolution, Resolution 2007-093, was adopted on October 2, 2007, to correct certain items that mayhave been confusing in the materials included with the original Resolution. A public hearing date of November 6, 2007 was set to hear any objections from the property owners. Based on the procedures specified in the City Code and the notice that has been provided to the property owners within the District, the property owners have until November 5th to file objections to the proposed assessments. As of the time of completion of this Agenda Item Summary, no protests have been received for the November 6th hearing. A memorandum with updated information regarding any protests that are received will be provided to the Council before the meeting on the 6th. The public hearing is an important part of the Special Improvement District process and the City Code states: "The City Council sitting as a Board of Equalization shall hear and determine all such complaints and objections and may conform to the apportionment or make any modifications which may seem equitable and just after consideration of all objections to the apportionment." This Ordinance places an assessment against property in the District and outlines the procedure for collection. The assessment amount for each property owner is listed in the attached assessment roll and includes the cost of construction, engineering, and administration of the district. Since the District was privately funded, no financing costs are included; however, if a property owner elects to pay off the assessment over time, interest will accrue on the principal amount during the period used to pay off the assessment. Property owners have the option of paying the total principal amount of the assessment without interest if it is paid within thirty days of publication of the Ordinance. If a property owner elects to pay the assessment in installments, the principal will be divided into ten equal installments. The rate of interest charged on the unpaid principal is 5.00%. Payments are due thirty days after the final publication of the Ordinance adopting the assessments. This date is anticipated to be December 26, 2007. 20. Second Reading of Ordinance No. 126, 2007, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classifications for That Certain Property Known as the Southwest Corner of East Prospect Road and I-25 Rezoning. (no staff presentation - 5 minute discussion) This Ordinance was adopted on First Reading on October 16, 2007 by a vote of 5-0 (Troxell withdrawn, Ohlson absent) and rezones 143 acres located at the southwest corner of East Prospect Road and Interstate 25. A 25-acre parcel of land zoned C, Commercial, and a 118- acre parcel of the former Resource Recovery Farm zoned POL, Public Open Lands is now rezoned to E, Employment District. 21. Second Reading of Ordinance No. 128, 2007, Authorizing the Conveyance of 143 Acres of Land to Colorado State University Research Foundation in Exchange for 267 Acres of Land Adiacent to Reservoir Ridge Natural Area. (no staff presentation - 5 minute discussion) This Ordinance was adopted on First Reading on October 16, 2007 by a vote of 5-0 (Troxell withdrawn, Ohlson absent) and authorizes a land exchange between the City of Fort Collins PAGE 7 and the Colorado State University Research Foundation (CSURF). The proposed exchange consists of the City trading 143-acres of City -owned land at the southwest corner of I-25 and Prospect (a portion of the former Resource Recovery Farm) for 267-acres of state-owned land on Colorado State University's foothills campus. The exchange land currently owned by the City would become a gateway for Colorado State University into the City, and ultimately would include research, development, educational, and light manufacturing facilities. The exchange land currently owned by Colorado State University would become part of the Reservoir Ridge Natural Area, which is owned/managed by the City's Natural Areas Program. In addition to the exchange, the City would acquire an option to purchase an additional 27 acres from CSURF that is adjacent to the CSURF exchange property and Reservoir Ridge. 22. Pulled Consent Items. 23. Other Business. A. Motion to Adjourn to 6:00 p.m. on Tuesday, November 13, 2007 to conduct the annual evaluations of the City Manager, City Attorney and Municipal Judge and to conduct any other business that may come before the Council. 24. 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. PUBLIC NOTICE Posted on November 5, 2007 At its regular meeting on November 6, 2007, the Fort Collins City Council will consider two additional matters under Other Business: • A possible executive session for the purpose of discussing property acquisition and related legal issues. • Discussion regarding the inclusion of Library Impact Fee provisions in the intergovernmental agreement between the City and the Fort Collins Regional Library District. The regular City Council meeting will begin at 6:00 p.m. in the Council Chambers, City Hall West, 300 LaPorte Avenue.