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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 10/02/2007 - SUMMARY AGENDA REGULAR MEETING AGENDA ,� FORT COLLINS CITY COUNCIL ■� October 2, 2007 City of Fort Collins 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 and Presentations 5:30 • A. Proclamation Declaring"Dependability" as the Character Focus for October 2007. B. Proclamation Declaring the Month of October 2007 as Community Planning Month. C. Proclamation Declaring October 2007 as Arts and Humanities Month. D. Proclamation Declaring October 2007 as Domestic Violence Awareness Month. E. Proclamation Declaring October 2007 as Disability Awareness Month. Regular Meeting 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 18. 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.25, 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 September 4, 2007 and September 18, 2007 Regular Meetings. 7. Second Reading of Ordinance No. 102, 2007, Temporarily SuMendin the he Operation and Enforcement of the Land Use Code and Zoning Map Regarding the Usage of the "Ricker Building" as an Emergency Daytime Severe Winter Weather Shelter for the Homeless. Local health and human service agencies have asked the City to assist in providing a facility to house a temporary emergency daytime shelter for the homeless in the event of severe winter weather. This Ordinance, unanimously adopted on First Reading on September 18, 2007, allows the Ricker Building to be used for this purpose. PAGE 3 8. Second Reading of Ordinance No. 103, 2007, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with Phase Two of the Harmony and Ziegler Roads Front Range Village Improvements Project. Front Range Village is a large commercial development planned for the area located at the northwest corner of the Harmony Road and Ziegler Road intersection. As a result of this new development,street improvements and various off-site improvements are necessary for Harmony and Ziegler Roads and will be constructed through the Street Oversizing Program as part ofthe Harmony and Ziegler Roads Front Range Village Improvements Project. Given the construction schedule for the Project, timely acquisition of the property interests is necessary. All property interests needed for Phase I have been successfully negotiated. This Ordinance,unanimously adopted on First Reading on September 18,2007,authorizes the use of eminent domain for all property acquisitions in Phase Il of the Project, if such action is necessary. 9. Second Reading of Ordinance No. 104,2007,Authorizing the ConveyanceofaConservation Easement on City Natural Area Property(Roman Ranch)to Latimer County. This Ordinance,unanimously adopted on First Reading on September 18,2007, authorizes the conveyance by the City of a conservation easement on the 1,960-acre Roman Ranch property to Larimer County. The City will receive a $976,000 grant from Great Outdoors Colorado to support the conservation of the property as part of the Laramie Foothills Mountains to Plains project approved in 2004. The grant requires that a conservation easement be placed on the property and conveyed to a qualified third party. The conservation easement acknowledges and protects the natural qualities of the property while allowing some visitor services facilities associated with the recreational opportunities to be provided at Soapstone Prairie Natural Area. 10. Second Reading of Ordinance No. 105, 2007, Designating the A.C. Kluver House (No.2), 323 East Magnolia Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Ordinance No. 105, 2007, unanimously adopted on First Reading on September 18, 2007, designates the A. C. Kluver House (No. 2) as a Fort Collins Landmark. The owner of the property, Charles F. Ferrie, is initiating this request. 11. First Reading of Ordinance No. 106, 2007, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts Between Funds or Projects. Following is a list of funds that make up the increase in appropriations: General Fund Unanticipated Revenue $ 239,639 Prior Year Reserves Drug Task Force Reserves 144,603 Library Donation Reserves 125,000 Other Restricted Reserves 72,752 PAGE 4 Cultural Services and Facilities Fund 85,728 Transportation Services Fund 837,861 Transit Fund 238,816 Recreation Fund 152,900 Capital Projects Fund 217,579 Natural Areas Fund 26,000 Neighborhood Parkland Fund 11,567 Communications Fund 37,861 Self Insurance Fund 793,344 Conservation Trust Fund 100,000 Cemeteries 6,900 The purpose of this annual"clean-up"ordinance is to combine dedicated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2007 budget. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. Prior year reserves are primarily being appropriated for unanticipated operation expenses from reserves that are set aside for that purpose. This Ordinance appropriates prior year reserves and unanticipated revenue in various City funds,and authorizes the transfer of appropriated amounts between funds. The City Charter permits the City Council to provide by ordinance for payment of any expense from prior year reserves. The Charter also permits the City Council to appropriate unanticipated revenue received as a result of rate or fee increases or new revenue sources. Additionally, it authorizes the City Council to transfer any unexpended appropriated amounts from one fund to another upon recommendation of the City Manager,provided that the purpose for which the transferred funds are to be expended remains unchanged;the purpose for which they were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. If these appropriations are not approved, the City will have to reduce expenditures even though revenue and reimbursements have been received to cover those expenditures. 12. First Reading of Ordinance No. 107,2007,Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the General Fund to Purchase an Armored Rescue Vehicle for Police Services. Police Services has applied for federal grant funding to purchase an armored rescue vehicle for the past three years and has recently been awarded funding for over 60%of the expense. This vehicle will significantly improve the safety of citizens and police officers in encounters with armed suspects by giving police the ability to move people out of dangerous areas, block armed offenders from the ability to shoot at citizens, and safely transport police officers on their approach to dangerous scenes. The vehicle is very professional in appearance and resembles a small ambulance, which is preferable in this environment to a military-looking armored personnel carrier. It will be routinely deployed on high risk police operations to increase the margin of safety for citizens and police officers. PAGE 5 13. Items Relating to the Old Oak Estates Annexation and Zoning. A. Resolution 2007-088 Setting Forth Findings of Fact and Determinations Regarding the Old Oak Estates Annexation. B. Hearing and First Reading of Ordinance No. 108, 2007,Annexing Property Known as the Old Oak Estates Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 109,2007,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Old Oak Estates Annexation to the City of Fort Collins, Colorado. This is a 100% voluntary annexation and zoning of a property that is approximately 5.73 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. 14. First Reading of Ordinance No. 110, 2007, Designating the Parsons/Morgan House and Attached Garage.723 West Olive Street,as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Myrne Watrous, is initiating this request for Fort Collins Landmark designation for the property. The Parsons/Morgan House, located at 723 West Olive Street, is eligible for Landmark Designation under Standard 3. The home remains a very nice example of a Bungalow, which was a popular architectural form throughout the 1920s. Built circa 1927 for Anna and Fred Parsons, the home, while undergoing some alteration,has retained a preponderance of integrity. The house also features a small attached garage located on the southwest comer of the building. This historic garage dates to the home's period of significance, and is a part of this designation application. The Parsons/Morgan House and Attached Garage is located in the Loomis Addition,anoteworthy neighborhood exemplified by its large number of architecturally and historically significant homes. This designation will continue a legacy of historical recognition and protection of this significant neighborhood. 15. Resolution 2007-089 Authorizing the Issuance of an Additional Revocable Permit to the Colorado Department of Agriculture for the Urban Area Monitoring Network Project for the Purpose of Developing Groundwater Monitoring Data. 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. On September 4, 2007, City Council authorized a revocable permit for this same purpose with Resolution 2007-078. Since the adoption of that Resolution, the Department of Agriculture has identified two additional monitoring well locations which were not included in the prior Council agenda item. This Resolution will be to authorize a revocable permit to include the two additional monitoring well locations as part of this program. PAGE 6 16. Resolution 2007-090 Authorizing a Revocable Permit to Front Range Internet, Inc. for the Downtown Wi-Fi Pilot Project. FRII has requested a revocable permit to attach communications equipment on City-owned street light poles and other public property. 17. Resolution 2007-093 Rescinding Resolution 2007-073 and Acceptin the he Improvements 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 majority 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. On August 21 of this year,Council adopted an earlier resolution accepting the improvements, statement of costs and assessment roll for the District. Recently,in preparing the assessing ordinance for the District,City staff noticed that some ofthe information originally contained in the attachments to this original resolution may have been misleading or confusing as to the total amount of District costs, the amounts to be assessed against properties in the District, and the properties that would actually be assessed. This Resolution corrects certain information contained in Resolution 2007-073 that was approved by the City Council on August 21, 2007. 18. Routine Deed. Deed of Dedication from Avago Technologies Wireless Manufacturing,Inc.,for apermanent right-of-way for public street purposes, located at 4380 Ziegler Road. Monetary consideration: $10. END CONSENT 19. Consent Calendar Follow-un. a. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 20. Staff Reports. a. Presentation of Region VIII EPA PISCES Award. 21. Councilmember Reports. PAGE 7 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 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. 22. Resolution 2007-091 Approving a Collective Bargaining Agreement with the Fraternal Order of Police. (10 minute staff presentation - 20 minute discussion) The City and the Fraternal Order of Police ("FOP") entered into a collective bargaining agreement for 2006 and 2007, which agreement will expire on December 31, 2007. City staff and the FOP have tentatively reached an agreement which addresses the terms and conditions of employment of the members of the bargaining unit for 2008 and 2009. This Resolution ratifies the terms and conditions of possible agreement,which would take effect on January 1, 2008 and terminate December 31, 2009. 23. Public Hearing on the 2008-2009 Recommended Biennial Budget for the City of Fort Collins. (1 hour) This is the second official Public Hearing on the City Manager's 2008-2009 Recommended Biennial Budget for the City of Fort Collins. The first Public Hearing was held on September 18, 2007. First Reading of the Ordinance adopting the 2008-2009 biennial budget is scheduled for October 16, 2007, with Second Reading of the Ordinance on November 20, 2007. Additional public input was taken at Budget Open House and Public Education Session held Monday, September 17, 2007. The City Manager's 2008-2009 Recommended Budget can be reviewed at the Main Library, the Harmony Branch Library,or the City Clerk's Office. The recommended budget can also be viewed on the internet at www.fcgov.com/budget. 24. Resolution 2007-092 Affirming the Canal Importation Ponds and Outfall Project. (5 minute staff presentation - 1 hour discussion) The Canal Importation Basin Stormwater Master Plan,adopted by City Council in 2001 and reaffirmed in 2004 as a part of the Citywide Stormwater Master Plan,called for$51.5 million PAGE 8 in flood control improvements in order to avoid an estimated $125 million of direct flood damage over the next 50 years. The Canal Importation Ponds & Outfall Project(CIPO) is one element of the improvements in the Canal Importation Basin. The CIPO Project will reduce flood damages to both public and private property and remove properties from the floodplain. The improvements to the Red Fox Meadows Natural Area as a result of the project incorporate important environmental benefits and are expected to improve water quality, habitat conditions and enhance public access to the site. 25. Pulled Consent Items. 26. Other Business. 27. 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.