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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/03/2011 - SUMMARY AGENDA Cityof F6rt Collins CITY COUNCIL D . 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 May 3, 2011 Proclamations and Presentations 5:30 • A. Proclamation Declaring May 5, 2011 as the National Day of Prayer. B. Proclamation Declaring May 1-7, 2011 as Drinking Water Week. C. Proclamation Declaring May 17, 2011 as the 20th Anniversary of the Children's Water Festival. D. Proclamation Declaring May 13-15, 2011 as the Streetmosphere Launch Weekend. E. Proclamation Declaring May 1-7, 2011 as Public Service Week. Regular • 11 • PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. `PRESENTATION OF THE UNITED WAY SPIRIT OF GIVING AWARD*** 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 20. 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 Calendarwill be considered separately under Item No. 26, 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. Second Reading of Ordinance No 041 2011 Appropriating Unanticipated Revenue in the Capital Projects Fund for the Building on Basics Lincoln Center Renovation Project. The 32 year-old Lincoln Center's greatest challenge is its aging and outdated spaces. Renovation of the facility is now underway to add 17,000 square feet and to renovate 55,000 square feet, with a focus on improving the patron experience, performer amenities, and infusing new life into a community treasure. This Ordinance, unanimously adopted on First Reading on April 19, 2011, will appropriate additional funding for the Lincoln Center Renovation. 7. Second Reading of Ordinance No. 042 2011, Appropriating Prior Year Reserves. Ordinance No. 042, 2011, was unanimously adopted on First Reading on April 19, 2011. The Ordinance appropriates prioryear's reserves forexpenditures authorized in 2010 by Council butwhich could not be completed by the end of 2010. Page 3 8. Second 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, unanimously adopted on First Reading on April 19,2011,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). 9. Second 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, unanimously adopted on First Reading on April 19, 2011, appropriates 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. 10. Second Reading of Ordinance No. 045, 2011, Amending Section 17-40 of the City Code Pertaininq to the Offense of Trespass. 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 the enactment of an ordinance specific to trespass on railroad property.This Ordinance, unanimously adopted on First Reading on April 19,2011, 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. 11. Second 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 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 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 Streetto Vine Drive.This Ordinance,unanimously adopted on First Reading on April 19,2011, 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 180 feet north of Laurel Street, to accommodate a southbound left turn lane. The City will also periodically close the southbound left turn lane between Laurel Street and 180 feet north of Laurel Street to vehicular traffic at City expense in orderto allow BNSF to use mechanized equipment to maintain the track in the future. 12. Second 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 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 City Code Sections 22-43 and 28- Page 4 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 Ordinance, unanimously adopted on First Reading on April 19, 2011, 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. 13. Second Reading of Ordinance No. 048, 2011, Vacating 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. This Ordinance, unanimously adopted on First Reading on April 19, 2011, vacates the portion of the Frontage Road that is the grassy area to the west of the paved travel way of the Frontage Road and the sidewalk. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes review by potentially affected utility agencies, City staff, emergency service providers, and affected property owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in connection with this proposal,and based on comments received, the City Engineer has recommended that the vacation be approved. 14. Second Reading of Ordinance No. 049, 2011, Vacating the Right-of-Wav 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. This Ordinance, unanimously adopted on First Reading on April 19, 2011, vacates the Star Dust right-of-way at the request of the owner, 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. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes review by potentially affected utility agencies, City staff, emergency service providers, and affected property owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in connection with this proposal,and based on comments received, the City Engineer has recommended that the vacation be approved. 15. Second Reading of Ordinance 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(Applicant)recently purchased the first floor of the condominium building at200 South College Avenue, located at the southeast corner of College Avenue and Oak Street. The Applicant 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). This Ordinance, unanimously adopted on First Reading on April 19, 2011, authorizes 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). This Ordinance grants two easements, but does not vacate the City's right-of-way. Page 5 16. Second 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. 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. On April 19, 2011, Council unanimously voted to repeal Ordinance No. 003, 2011 on First Reading. 17. First Readinq of Ordinance No. 056, 2011, Appropriating Unanticipated Grant Revenue in the Recreation Fund for General Operating Supportof the Adaptive Recreation Opportunities Paralympic Sport Club Program. The National Recreation and Park Association (NRPA) has selected the Fort Collins Recreation Department, Adaptive Recreation Opportunities program (ARO)to receive a grant in the amount of $10,000. This grant opportunity is an outgrowth of a partnership between NRPA and the United States Olympic Committee, Paralympic Division to provide resources at the local level that will increase physical activity opportunities for injured service members and veterans. 18. First Reading of Ordinance No.057,2011,Designating the Whistleman Mansion, 1502 South College Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Laura Green, is initiating this request for Fort Collins Landmark designation for the property at 1502 South College Avenue. The property has individual significance to Fort Collins, as a rare local example of Spanish Colonial/Mediterranean Revival Style in Fort Collins. 19. First Reading of Ordinance No. 058, 2011,Authorizinq the Lease of the City's Historic Water Works Property at 2005 North Overland Trail to the Poudre Landmarks Foundation. The City is the owner of the 25-acre property located at 2005 North Overland Trail. The property has not been a part of the Water Utilities' operating infrastructure since 1904, yet is a valuable historic resource. The Poudre Landmarks Foundation has leased the property since 1996 and desires to continue leasing the property for use as an interpretive center/museum for water. 20. Resolution 2011-040 Authorizinq the Mayorto Execute an Amendmentwith the Town of Windsor and The Colorado Department of Transportation to Add Funding to the Design of the Interstate 25/State Highway 392 Interchange Project. The City of Fort Collins and the Town of Windsor have collaborated to plan and design the 1-25/SH- 392 Interchange Project. Amending the Intergovernmental Agreement (IGA) will allow for the completion of the final design phase, moving the project into the construction phase to be managed by the Colorado Department of Transportation (CDOT). This Resolution approves an amendment to the IGA, adding $92,000 to the original $1,768,523 approved in the contract. CDOT will then reimburse the City for these expenditures. END CONSENT 21. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted orapproved on the Consent Calendar. 22. Staff Reports. 23. Councilmember Reports. Page 6 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. 24. Hearing and First Reading of Ordinance No. 059 2011, Authorizing Amendments to the Intergovernmental Agreement Between the City and Poudre School District Pertaining to the Land Dedication and In-Lieu Fee Requirements Contained in Such Agreement. (staff: Ann Turnquist; 5 minute staff presentation; 15 minute discussion) Since 1998, the City of Fort Collins has collected a fee-in-lieu of land dedication for both Poudre School District and Thompson School District. These fees allow a residential developer to pay a school site fee to the School Districts rather than to dedicate a parcel of land to the District for development of future schools. The ability of the school districts to require land dedication is provided under State of Colorado Statute. The last time the amount of these fees was adjusted was in 2006. This Ordinance will lower the amount of the fees the district receives by$200 per dwelling unit. Poudre School District requested a reduction in the fees collected because of the reduced cost of securing appropriate school sites. Thompson School District has not requested a change in fees. 25. First Reading of Ordinance No.060,2011,Repealing And Reenacting Division 1 Article IV of Chapter 15 of the City Code Relating To Door-To-Door Solicitation. (staff: Ann Turnquist: 10 minute staff presentation; 45 minute discussion) The City of Fort Collins currently has an ordinance prohibiting door-to-door residential solicitation by commercial businesses, often referred to as a "Green River Ordinance." The proposed ordinance would replace the current total ban on commercial door-to-door residential solicitation with a City- issued permit system licensing and regulating such solicitation. As is currently the case, all door-to- door solicitation, whether commercial or non-commercial, would be prohibited under the proposed ordinance by a "No Trespassing" or a "No Solicitation" sign posted at a public or private premises. Additionally, the proposed ordinance would allow for an alternative option for residents who wish to prevent solicitors from soliciting at their residence,which would be to register their address on a City- maintained "No Solicitation" List. Page 7 26. Pulled Consent Items. 27. Other Business. 28. 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 majorityvote,extend a meeting until no laterthan 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.