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HomeMy WebLinkAboutMINUTES-02/06/2007-RegularFebruary 6, 2007 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 6, 2007, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Councilmembers Absent: Brown Staff Members Present: Atteberry, Jensen, Roy. Citizen Participation Mayor Hutchinson stated each participant would have five minutes to speak. Lloyd Walker, 1756 Concord Drive, spoke regarding the impact of student rentals on neighborhoods near universities, commented on work being done in Minneapolis on this issue, and encouraged the Council to pass effective rental and occupancy standards. Don Flick, 520 North Sherwood Street #14, expressed concern about the drafting of a City ordinance relating to the employment of undocumented workers by contractors. He asked the Council to consider extending the discussion process on this ordinance to allow time for abundant public input. Rich Harter, 2701 Brookwood Court, thanked Councilmembers and staff for its work and expressed concerns about the transfer of $15 million in City assets to the new Library District since the District's Board would not include any elected City official. Citizen Participation Follow-up Mayor Hutchinson thanked those who spoke during Citizen Participation. Councilmember Ohlson commented on the contracting ordinance that was scheduled for Council consideration in February. He wanted the ordinance to be considered before the Council election. The ordinance would require City contractors and subcontractors to employ only legal residents. Mayor Hutchinson suggested that the scheduling of that ordinance be discussed under Other Business. City Manager Atteberry stated a draft of the ordinance would be ready for Council and public review by February 15 and it could be scheduled for First Reading on March 6 and Second Reading on March 20. He noted he had received a number of calls on this issue. 181 February 6, 2007 Amenda Review City Manager Atteberry stated item #15 Second Reading of Ordinance No. 011, 2007, Authorizing the Conveyance of Certain Small Tracts of Land in the Pineridge Natural Area Located Within the Burns Ranch at Quail Ridge Subdivision from the City of Fort Collins to Burns Ranch Open Space Non -Profit Corporation would be withdrawn from the Consent Calendar for separate discussion and that item #39 First Reading of Ordinance No. 029, 2007, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article II, Section 3 of the City Charter Pertaining to the Compensation of the Mayor and Councilmembers would be removed from the agenda and postponed indefinitely. An unidentified member of the public pulled item #9 Second Reading of Ordinance No. 002, 2 00 7, Appropriating $250, 000 from the Transportation Fund Reserves into the Mason Corridor Project Budget from the Consent Calendar. Councilmember Ohlson withdrew item #22 First Reading of Ordinance No. 021, 2007, Amending Chapter 2 of the City Code to Create an Economic Advisory Commission from the Consent Calendar. Councilmember Manvel withdrew item #26 First Reading of Ordinance No. 010, 2007, Authorizing Acquisition By Eminent Domain Proceedings Of Flood Plain Easements for the Fossil Creek Drainage Project from the Consent Calendar. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the October 17, 2006 and November 7, 2006 Remular Meetings and the Adiourned Meetings of October 24, 2006 and November 14, 2006. Items Relating to the Adoption of the Northwest Subarea Plan. A. Hearing and Second Reading of Ordinance No. 208, 2006, Amending Division 4.24 of the Land Use Code. B. Hearing and Second Reading of Ordinance No. 209, 2006, Amending the City's Zoning Map and Classifying for Zoning Purposes the Property known as the Northwest Subarea Plan Rezoning. C. Resolution 2007-006 Amending Exhibit "A" of Resolution 2006-121. The Northwest Subarea Plan was initiated in 2005 in response to City Plan (2004), which identified the Northwest Area as a priority for future subarea planning. It provides a more specific vision and policy framework for neighborhoods, commercial areas, open spaces and undeveloped land. The primary objective is to tailor City Plan principles to the specific circumstances of this area. The Northwest Subarea Plan was adopted on December 19, 2006 by Resolution 2006-120. 182 February 6, 2007 Based on Subarea Plan policy LU-2.1 and Strategy LU-2.1 a, amendments to the Land Use Code are necessary and a rezoning is needed on 4.8 acres near the northeast corner of West Vine Drive and North Shields Street in order to allow existing properties to change uses, expand or redevelop. These Ordinances, unanimously adopted on First Reading on December 19, 2006, adopt these amendments and rezoning. Ordinance No. 208, 2006 has been revised on Second Reading to add two uses to the Limited Commercial (CL) zone, including: Shelters for victims of domestic violence Satellite dish antennas greater than thirty-nine (39) inches in diameter On December 19, 2006, City Council approved the second reading of Ordinance 192, 2006, providing amendments to Land Use Code sections 4.24(B)(1)(a) and 4.24(B)(1)(e) allowing these two uses. Since residential properties adjacent to and abutting this CL area maybe particularly affected by signs displayed by permitted nonresidential uses, staff recommends that it be placed in the Residential Neighborhood Sign District. This item was postponed from January 16, 2007 to February 6, 2007 to allow for publication of the rezoning notice due to legal description errors that were discovered after the original publication. Second Reading of Ordinance No. 001. 2007, ApprolLnatine Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. This Ordinance, unanimously adopted on First Reading on January 16, 2007, appropriates funds from a grant in the amount of $36,850 received from Eighth Judicial District Victims Assistance and Law Enforcement (V.A.L.E.) Board. It will be used to fund services provided by the Police Services Victim Services Team. 9. Second Reading of Ordinance No. 002, 2007, Appropriating. $250,000 from the Transportation Fund Reserves into the Mason Corridor Project Budget. This Ordinance, unanimously adopted on First Reading on January 16, 2007, appropriates the necessary funding into the Project budget to complete the Preliminary Engineering and Environmental Assessment (PE/EA) work for the Mason Corridor Project. This work is necessary to advance the City's funding request for the Mason Corridor Project with the Federal Transit Administration. 183 February 6, 2007 10. Second Reading of Ordinance No. 003, 2007, Amending Section 2-656 of the City Code Relating to the Reporting of Gifts Honoraria and Other Benefits. This Ordinance, unanimously adopted on First Reading on January 16, 2007, amends Section 2-656 ofthe City Code relating to the report ofgifts, honoraria and other benefits, to conform to the state statute requirement for quarterly reporting. 11. Second Readine of Ordinance No. 004, 2007, Amending Chapter 23 of the City Code by Changine Certain References therein From "Public" Property to "City" Property. Chapter 23 of the City Code contains many references to "public" property. The term "public" is, in some instances, subject to an interpretation that is too broad for lawful application because it might imply that the City has the power and jurisdiction to regulate property owned by the United States or the State of Colorado or other public entities which maybe outside of the jurisdiction of the City. This Ordinance, unanimously adopted on First Reading on January 16, 2007, changes references in Chapter 23 so that the language will read "City" property rather than "public" property. 12. Second Readin¢ of Ordinance No. 005, 2007, Amending Chapter 2, Article V. Division 3 of the City Code Pertainingto o City Service Areas. Following a detailed analysis and review, the City Manager has decided to implement some changes to the City's internal organizational structure. These changes impact some of the existing service areas and result in a new reporting structure. This Ordinance, unanimously adopted on First Reading on January 16, 2007, updates to related provisions of the City Code. Since First Reading, refinements have been made to better reflect the terminology that will be used by the City Manager in designating subdivisions of the City organization. Arevision to Section 2-494 has also been added to clarify that the City Clerk will be responsible to the City Manager or his or her designee. 13. Items Pertainine to the Plank PLD & PD Annexation and Zonine. A. Second Reading of Ordinance No. 006, 2007, Annexing Property known as the Plank PLD & PD Annexation. B. Second Reading of Ordinance No. 007, 2007, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Plank PLD & PD Annexation. These Ordinances, unanimously adopted on First Reading on Januaryl6, 2007, annex and zone 17.35 acres located at the southeast corner of Kechter Road and Ziegler Road. The property is developed as a single-family residence with outbuildings and is in the FA-1 W-TH February 6, 2007 Farming District in Larimer County. The area to be annexed is the entirety of an enclaved property that has been surrounded by the City of Fort Collins for more than three (3) years. The requested zoning for this annexation is LMN - Low Density Mixed -Use Neighborhood. 14. Items Pertaining to the Liberty Farms Annexation and Zoning. A. Second Reading of Ordinance No. 008, 2007, Annexing Property Known as the Liberty Farms Annexation. B. Second Reading of Ordinance No. 009, 2007, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Liberty Farms Annexation to the City. These Ordinances, unanimously adopted on First Reading on January 16, 2007, annex and zone 22.32 acres located on the east side of North Timberline Road at the Latimer & Weld Canal, approximately 1/4 to 1/3 mile north of East Vine Drive. The property contains two (2) existing single-family residences and agricultural land. It is in the FAl - Farming District in Larimer County. The requested zoning for this annexation is LMN - Low Density Mixed - Use Neighborhood. 15. Second Reading of Ordinance No. 011. 2007, Authorizing the Conveyance of Certain Small Tracts of Land in the Pineridee Natural Area Located Within the Bums Ranch at Ouail Ridge Subdivision from the City of Fort Collins to Burns Ranch Open Space Non -Profit Corporation. Ordinance No. O11, 2007, unanimously adopted on First Reading on January 16, 2007, authorizes conveyance of certain small tracts of land in the Pineridge Natural Area located within the Burns Ranch at Quail Ridge Subdivision to Bums Ranch Open Space Non -Profit Corporation. This Corporation was formed for the purpose of owning and maintaining the property to be conveyed in order to save the City costs associated with the maintenance of these areas. 16. Second Reading of Ordinance No. 012. 2007, Authorizing the Conveyance of a Permanent Non -Exclusive Easement Over a Portion of the Eagle View Natural Area for Inundation by a Reservoir. This Ordinance, unanimously adopted on First Reading on January 16, 2007, authorizes the conveyance of a reservoir inundation easement over a portion of the Eagle View Natural Area. In order to augment an adjacent reservoir, owner John Jensen needs this permission from the City for the possible inundation of an area of City property not to exceed 7,209 square feet at the proposed high water mark for the reservoir. The proposed area of inundation is located in a naturally depressed wetland area and will not require improvement, construction or re -grading to accommodate the inundation. The initial impact to existing wetlands is expected to be minimal and no long term negative impacts are expected. but will likely to facilitate the expansion of existing wetlands due to the increased inundated area. 185 February 6, 2007 17. Second Reading of Ordinance No 013 2007 Authorizing the Conveyance of a Permanent Ditch Easement on Arapaho Bend Natural Area for Box Elder Ditch Lateral in Exchange for Vacation of ExistingPrescriptive rescriptive Rights. Flatiron Companies ("Flatiron") owns land on the east side of I-25, across from Arapaho Bend Natural Area. Historically, the land was farmed and irrigated via the Box Elder Ditch Lateral, which runs across Arapaho Bend. Flatiron mined gravel on the site and restored the site to a water storage reservoir many years prior to the City's acquisition of Arapaho Bend. Flatiron plans to fill the reservoir using the Box Elder Ditch Lateral. Although Flatiron has a prescriptive easement for the ditch lateral across Arapaho Bend, Flatiron has requested a permanent 60-foot wide easement that can be documented and conveyed to the future owners of the storage reservoir —New Cache la Poudre Ditch Company ("New Cache"). New Cache will reconstruct and improve the existing ditch within the easement, and restore the area disturbed, according to the conditions agreed to in the new easement. This Ordinance, unanimously adopted on First Reading on January 16, 2007, authorizes the conveyance of the permanent easement. 18. Second Reading of Ordinance No. 014, 2007, Designating the David B. Lesher House. 1204 West Oak Street as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Ordinance No. 017, 2007, unanimously adopted on First Reading on January 16, 2007, designates the David B. Lesher House as a Fort Collins Landmark. The owners of the property, Don V. Bath and Maureen Somervell-Bath, are initiating this request. 19. Items Relating to the Issuance of City of Fort Collins Downtown Development Authority Subordinate Tax Increment Revenue Bonds. Series 2007A. A. Second Reading of Ordinance No. 016, 2007, Authorizing the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2007A, Dated Their Delivery Date, in the Maximum Aggregate Principal Amount of $5,700,000 for the Purpose of Financing Certain Capital Improvements, Capital Projects and Development Projects Within the Downtown Development Authority Area; and Providing for the Pledge of Certain Incremental Ad Valorem Tax Revenues to Pay the Principal of and Interest on the Bonds; Approving Documents in Connection Therewith; and Ratifying Action Previously Taken and Appertaining Thereto. B. Second Reading of Ordinance No. 017, 2007, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2007A, for the Purpose of Making Certain Capital Improvements, Capital Projects and Development Projects Within the Downtown Area of Fort Collins, Authorizing the Transfer of Appropriations Between Funds and Appropriating Expenditures from the DDA Debt Service Fund to Make the 2007 Payment on the Bonds om February 6, 2007 The City of Fort Collins created the DDA to make desired improvements in the downtown area. Through tax increment financing, the DDA has made significant contributions to the redevelopment and improvement of the downtown area. These two Ordinances, unanimously adopted on First Reading on January 16, 2007, contemplate additional improvements and initiate both a facade grant program and a cultural program in the downtown area. The first ordinance issues short term bonds for the projects which will be paid from the tax increment revenue. The second ordinance appropriates the bond proceeds to the DDA Operating Fund for the various projects. The total of the projects, programs and associated interest costs is $5,700,000. 20. First Reading of Ordinance No 019, 2007, Appropriating, Prior Year Reserves in the Street Oversizing_Fund for Transfer to the Capital Projects Fund - Drake and Zeigler Road Improvements Project, Phase II. Arterial street improvements are planned for Ziegler Road, from Environmental Drive south to Horsetooth Road (approximately 4,500 linear feet). These street improvements will include the realignment and construction of Ziegler Road to a minor arterial street. Prior to actual construction of the roadway improvements, several drainage improvements need to be made in the area. These improvements include relocating a portion of the Fossil Creek Inlet Ditch (FCRID) to accommodate the arterial roadway, the construction of a bridge over the FCRID, and the construction of an outfall channel from the existing Rigden Pond (Pond 261) to the Poudre River. Staff has coordinated this project with the planned construction of a new trunk sewer line to be constructed by the City's water and wastewater utility. This is the second phase of the Drake Ziegler Project, a continuation of the roadway improvements constructed in 2005 of Drake Road from Timberline to Environmental Drive. A third phase of improvements to complete the arterial roadway will be constructed at a later date, once these drainage improvements are completed. 21. First Reading of Ordinance No 020, 2007, Dissolving the Library Board and Amending the City Code by Revealing Sections Relating to the Library Board. The Fort Collins Library Board has indicated it no longer wishes to meet and recommends disbanding the Board, effective immediately. 22. First Reading of Ordinance No. 021, 2007, Amending Chapter 2 of the City Code to Create an Economic Advisory Commission. At the January 23, 2007 work session, the City Council discussed changes and modifications to a draft Ordinance that would establish an Economic Advisory Commission for the City. There were several recommended changes that have been included in the Ordinance on First Reading. 187 February 6, 2007 23. First Reading of Ordinance No 022 2007, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article VIII of the City Charter Pertaining to the Board of Elections. This Ordinance submits to the voters at the April 3, 2007 a proposed Charter amendment modifying the composition of the Election Board to consist of the City Clerk, the Chief Deputy City Clerk, and the Municipal Judge. 24. First Reading of Ordinance No. 023, 2007, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article XI of the City Charter, Pertaining to Franchises and Public Utilities. This proposed Charter amendment asks the electors of the City of Fort Collins whether they wish to amend the City Charter so that the existing 20-year limit on franchises and leases would apply only to franchises. 25. First Reading of Ordinance No. 024, 2007, Amending Article II of Chapter 12 and Article XV of Chapter 15 of the City Code to Prohibit the Disposal of Electronic Goods in the Community's Waste Stream. This Ordinance amends the City Code to prohibit disposal of electronic equipment (as defined by the State of Colorado Hazardous Waste Regulations 1007-3, Section 260.10) in the waste system. By taking this pollution prevention measure, the City will help protect local public health and the environment. Covered materials, as defined by Colorado Statute, include electronic components, subassemblies, or other parts derived from the subassembly of electronic devices. Electronic "devices" means equipment that contains one or more electronic circuit boards or other complex circuitry, including but not limited to computer monitors, televisions, central processing units (CPUs), laptops, printers, terminals, mainframes, and stereo equipment. 26. First Reading of Ordinance No. 010. 2007, Authorizing Acquisition By Eminent Domain Proceedings Of Flood Plain Easements for the Fossil Creek Drainage Project. The present City 100-year floodplain boundary near Trilby Road and the Union Pacific Railroad right-of-way encompasses 105 homes presently constructed in the Paragon Point and Stanton Creek subdivisions. All 105 of these homes will be removed from the I00-year floodplain by the construction of two (2) 120-inch diameter culverts through the Union Pacific Railroad embankment on Fossil Creek, just south of Trilby Road. In addition, the risk of a catastrophic failure of the railroad embankment and resulting damage to homes downstream will be reduced. The collateral effect of these new culverts through the railroad embankment will cause an increased 100-year floodplain impact to two (2) landowners downstream of those new culverts. City staff has conducted several meetings and communications with the landowners and will continue these efforts into the future in order to obtain a settlement by mutual agreement. An eminent domain authorization is proposed ICE February 6, 2007 for consideration by the Council in case no agreement can be reached regarding the acquisition of these two (2) 100-year flood plain easements from the landowners. 27. First Reading of Ordinance No 025 2007 Amending Certain Sections of the Larimer County Urban Area Street Standards by Repeal and Readoption Thereof. It is recommended that the "Larimer County Urban Area Street Standards" (Standards) be revised. The current Standards, originally adopted in 2001, are in need of revision to make clarifications and corrections. This is the second of periodic revisions planned to keep the document current and more easily understood. These revisions are scheduled for consideration by Larimer County and the City of Loveland on February 12, 2007, and February 20, 2007, respectively. It is planned that the revisions to the Standards will become effective April 1, 2007. 28. First Reading of Ordinance No. 026 2007, Authorizing the Conveyance of Certain Real Property in Section 6 Township 7 North, Range 68 West. The City of Fort Collins owns a small strip of ground, totaling 4,118 square feet, located north of a fence constructed at some time in the distant past. Lindenwood Home Owners Association owns land abutting this small strip to the north. The City is constructing the East Vine Diversion Channel on the south side of the present fence. By transferring this strip of land to the Lindenwood Home Owners Association, the City will no longer have any responsibility to maintain or mow the strip, nor have any liability exposure for occupation or use of that land or the fence bounding it. The conveyance of this property to Lindenwood Home Owners Association is partial consideration for the acquisition of a Permanent Storm Water Easement on land belonging to the Association for the construction of a portion of the East Vine Diversion Channel. 29. First Reading of Ordinance No 027, 2007, Designating the Emma Brown/Susan Winter House as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Susan Winter, is initiating this request for Fort Collins Landmark designation for the property. The Emma Brown/Susan Winter House qualifies for individual Landmark designation under Landmark Standards (1) and (3). The property has historic significance to the city for its ability to convey the Shields/Prospect district's historic use for "gentleman farming." The property is also eligible for designation for its architectural significance, as a nearly intact example of V emacular Architecture with Craftsman elements. Surrounded by one-half acre of mature landscaping, the property dates from the mid- 1930s. The exterior integrity of the residence is very good, conveying all seven aspects of integrity: original location, design, setting, materials, workmanship, feeling and association. M February 6, 2007 30. First Reading of Ordinance No. 028, 2007. Authorizing the Dedication by the City of Right- of-Wav Required for the New Alignment of County Road 32C in Bobcat Ridge Natural Area in Exchange for Vacation of the Right -of -Way for the Former Alignment. Larimer County, as part of its development review process for improvements to the City's Bobcat Ridge Natural Area, required the City of Fort Collins to improve County Road 32C for the access to the Natural Area. In connection with that process, it was determined that the Road historically has not been located fully within the existing right-of-way for County Road 32C. In order to correct this discrepancy, the County has requested that the City dedicate right-of-way needed for the correct alignment. The City has requested that the County vacate the existing right-of-way in exchange for the proposed new right-of-way dedication. 31. Resolution 2007-007 Authorizing the Initiation of Exclusion Proceedings in District Court Regarding the Exclusion of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District. This resolution authorizes the City Attorney to file a Petition in Larimer County District Court to exclude properties annexed into the City in 2006 from the Poudre Valley Fire Protection District in accordance with state law and to allow for the provision of fire protection services to such properties by the Poudre Fire Authority. 32. Resolution 2007-008 Making an Amendment to the Boards and Commissions Manual. The Boards and Commissions Manual (the "Manual") was adopted by City Council by Resolution 2001-026. The Clerk's Office annually prepares the Manual for members of boards and commissions which includes membership lists, descriptions of each board and commission, meeting schedules, conflict of interest guidelines, appeal procedures, and general information regarding membership limitations, attendance policies and other responsibilities. At its February 6, 2007 meeting City Council will consider on First Reading, Ordinance No. 021, 2007, creating a new Economic Advisory Commission. It is Council's desire to appoint members to this newly created Commission to three year terms. Existing board and commission memberships are appointed to four year terms. Resolution 2007-008 will amend the membership limitations section of the Manual to allow Council flexibility regarding board and commission membership terms. 33. Resolution 2007-009 Amending Various Boards and Commissions 2007 Work Plans. Council liaisons have reviewed 2007 Work Plans submitted by boards and commissions. On January 16, 2007, Council gave direction (under other business) to amend the following 2007 Work Plans: Affordable Housing Board 190 February 6, 2007 • Art in Public Places Board • Cultural Resources Board • Natural Resources Advisory Board • Retirement Committee ***END CONSENT*** Ordinances on Second Reading were read by title by Deputy City Clerk Jensen. 7. Items Relating to the Adoption of the Northwest Subarea Plan. A. Hearing and Second Reading of Ordinance No. 208, 2006, Amending Division 4.24 of the Land Use Code. B. Hearing and Second Reading of Ordinance No. 209, 2006, Amending the City's Zoning Map and Classifying for Zoning Purposes the Property known as the Northwest Subarea Plan Rezoning. 8. Second Reading of Ordinance No. 001, 2007, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. 9. Second Reading of Ordinance No. 002, 2007, Appropriating $250,000 from the Transportation Fund Reserves into the Mason Corridor Project Budget. 10. Second Reading of Ordinance No. 003, 2007, Amending Section 2-656 of the City Code Relating to the Reporting of Gifts, Honoraria and Other Benefits. 11. Second Reading of Ordinance No. 004, 2007, Amending Chapter 23 of the City Code by Changing Certain References therein From "Public" Property to "City" Property. 12. Second Reading of Ordinance No. 005, 2007, Amending Chapter 2, Article V, Division 3 of the City Code Pertaining to City Service Areas. 13. Items Pertaining to the Plank PLD & PD Annexation and Zoning. A. Second Reading ofOrdinance No. 006, 2007, Annexing Property known as the Plank PLD & PD Annexation. B. Second Reading of Ordinance No. 007, 2007, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Plank PLD & PD Annexation. 14. Items Pertaining to the Liberty Farms Annexation and Zoning. A. Second Reading of Ordinance No. 008, 2007, Annexing Property Known as the Liberty Farms Annexation. 191 February 6, 2007 B. Second Reading of Ordinance No. 009, 2007, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Liberty Farms Annexation to the City. 16. Second Reading of Ordinance No. 012, 2007, Authorizing the Conveyance of a Permanent Non -Exclusive Easement Over a Portion of the Eagle View Natural Area for Inundation by a Reservoir. 17. Second Reading of Ordinance No. 013, 2007, Authorizing the Conveyance of a Permanent Ditch Easement on Arapaho Bend Natural Area for Box Elder Ditch Lateral in Exchange for Vacation of Existing Prescriptive Rights. 18. Second Reading of Ordinance No. 014, 2007, Designating the David B. Lesher House, 1204 West Oak Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 19. Items Relating to the Issuance of City of Fort Collins Downtown Development Authority Subordinate Tax Increment Revenue Bonds, Series 2007A. A. Second Reading of Ordinance No. 016, 2007, Authorizing the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2007A, Dated Their Delivery Date, in the Maximum Aggregate Principal Amount of $5,700,000 for the Purpose of Financing Certain Capital Improvements, Capital Projects and Development Projects Within the Downtown Development Authority Area; and Providing for the Pledge of Certain Incremental Ad Valorem Tax Revenues to Pay the Principal of and Interest on the Bonds; Approving Documents in Connection Therewith; and Ratifying Action Previously Taken and Appertaining Thereto. B. Second Reading of Ordinance No. 017, 2007, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2007A, for the Purpose of Making Certain Capital Improvements, Capital Projects and Development Projects Within the Downtown Area of Fort Collins, Authorizing the Transfer of Appropriations Between Funds and Appropriating Expenditures from the DDA Debt Service Fund to Make the 2007 Payment on the Bonds 37. Second Reading of Ordinance No. 015, 2007, Amending Chapter 10 of the City Code Concerning Standards for Development in the Poudre River Floodplain in the City of Fort Collins. 41. Second Reading of Ordinance No. 018, 2007, Amending Certain Provisions of the City Code Pertaining to Signs in the Right -of -Way. Ordinances on First Reading were read by title by Deputy City Clerk Jensen. 192 February 6, 2007 20, First Reading of Ordinance No. 019, 2007, Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Projects Fund - Drake and Zeigler Road Improvements Project, Phase II. 21. First Reading of Ordinance No. 020, 2007, Dissolving the Library Board and Amending the City Code by Repealing Sections Relating to the Library Board. 22. First Reading of Ordinance No. 021, 2007, Amending Chapter 2 of the City Code to Create an Economic Advisory Commission. 23, First Reading of Ordinance No. 022, 2007, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article VIII of the City Charter Pertaining to the Board of Elections. 24. First Reading of Ordinance No. 023, 2007, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article XI of the City Charter, Pertaining to Franchises and Public Utilities. 25. First Reading of Ordinance No. 024, 2007, Amending Article II of Chapter 12 and Article XV of Chapter 15 of the City Code to Prohibit the Disposal of Electronic Goods in the Community's Waste Stream. 26. First Reading of Ordinance No. 010, 2007, Authorizing Acquisition By Eminent Domain Proceedings Of Flood Plain Easements for the Fossil Creek Drainage Project. 27. First Reading of Ordinance No. 025, 2007, Amending Certain Sections of the Larimer County Urban Area Street Standards by Repeal and Readoption Thereof. 28. First Reading of Ordinance No. 026, 2007, Authorizing the Conveyance of Certain Real Property in Section 6, Township 7 North, Range 68 West. 29. First Reading of Ordinance No. 027, 2007, Designating the Emma Brown/Susan Winter House as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 30. First Reading of Ordinance No. 028, 2007, Authorizing the Dedication by the City of Right - of -Way Required for the New Alignment of County Road 32C in Bobcat Ridge Natural Area in Exchange for Vacation of the Right -of -Way for the Former Alignment. 40. First Reading of Ordinance No. 030, 2007, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article II, Section 1(e) of the City Charter Pertaining to the Term of Office of Mayor. Councilmember Manvel made a motion, seconded by Councilmember Weitkunat, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. 193 THE MOTION CARRIED. Consent Calendar Follow-up February 6, 2007 Councilmember Weitkunat commented on item #33 Resolution 2007-009Amending Various Boards and Commissions 2007 Work Plans. Councilmember Manvel commented on item #21 First Reading of Ordinance No. 020, 2007, Dissolving the Library Board and Amending the City Code by Repealing Sections Relating to the Library Board. He thanked those who served on the Library Board over the years. Councilmember Ohlson commented on item #12 Second Reading of Ordinance No. 005, 2007, Amending Chapter 2, Article V, Division 3 of the City Code Pertaining to City Service Areas and noted this was a major and positive reorganization that had been needed for a long time. He requested a hard copy of the detailed flow chart. He also commented regarding item #20 First Reading of Ordinance No. 019, 2007, Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Projects Fund - Drake and Zeigler Road Improvements Project, Phase H and requested information on the environmental issues prior to Second Reading. City Manager Atteberry stated the new organization chart would be distributed after Second Reading and that he would request that information be provided to the Council on environmental issues relating to the Drake and Zeigler Road project. Councilmember Reports Councilmember Manvel reported on the selection process for the new Library District Board. He stated the Commissioners and the Council would work out an intergovernmental agreement at a later date. Councilmember Kastein reported on progress on a steering committee for the RTA and noted Weld County had expressed interest in forming its own RTA. Councilmember Manvel asked if there was interest at the State level in looking at new funding for transportation. Councilmember Kastein had not heard of any legislative item coming forward on transportation. Councilmember Ohlson noted the Governor would be making a proposal in the next few weeks for creating a statewide transportation committee to look at transportation funding issues. Councilmember Weitkunat reported on the Downtown Development Authority discussions relating to the DDA providing up to $600,000 in local matching funds for the Mason Street Corridor; DDA funding for newspaper corrals on College Avenue; negotiations relating to the downtown hotel project; Tenney Court alley improvements; and the "Big Idea" process for citizen input at DDA meetings. She also reported that she testified at the State Senate Local Affairs Committee and presented the City's position about enclave annexation legislation (SB 89) and the bill died in committee. 194 February 6, 2007 Councilmember Kastein asked what was happening at the State level on transportation funding. Mark Radtke, Legislative Affairs Coordinator, stated Governor Ritter was forming a Blue Ribbon Panel to look at transportation funding issues. Councilmember Manvel asked if something could come out ofthe Blue Ribbon Panel process during this session. Radtke stated this was possible and there could be a revenue enhancement measure on the November ballot. Ordinance No. 015, 2007, Amending Chapter 10 of the City Code Concerning Standards for Development in the Poudre River Floodplain in the City of Fort Collins, Postponed to February 20, 2007. The following is staffs memorandum on this item. "EXECUTIVE SUMMARY Ordinance No. 015, 2007, adopted on First Reading on January 16, 2007 by a vote of 4-3 (Nays: Manvel, Ohlson, Roy) modifies the City Code to change the floodplain regulations for the Poudre River. Properties in the Poudre River Foodplain in the City of Fort Collins are subject to different regulations than those located in Larimer County. City and County staffs have developed recommendations that would address most of the problems created by the different regulations. " Mayor Hutchinson noted Councilmember Brown had formally requested that this item be postponed so that he could be present for consideration. He noted there was a split vote on First Reading and this was not a time -sensitive item. Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to postpone Second Reading of Ordinance No. 015, 2007 to February 20, 2007. Yeas: Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION TO POSTPONE CARRIED. Possible Restoration of Some Library Services That Were Discontinued as the Result of Budget Cuts, Motion Adopted to Restore Services. The following is staff's memorandum on this item. 195 February 6, 2007 "EXECUTIVE SUMMARY Does Council support a restoration of some library services before the Library District Board of Trustees assumes the operation of the library? BACKGROUND On November 7, 2006 voters approved and provided funding for the Fort Collins Regional Library District. The District was established by Council action, effective on January 1, 2007. A library district board is currently being selected and must be approved by the City Council and County Commissioners. State law requires the City, County and District to enter into an Intergovernmental Agreement within 90 days after the Trustees are approved. Staff is recommending the transfer of library operations to the District once the IGA is finalized. In response to public requests, library staff would like to restore open hours of operation that were cut during budget reductions. This means restoring hours on Thursday evenings at the Main library and opening earlier on Saturdays at Harmony Library. Staff would also like to bring back book drops and provide more children's story times. The cost to restore these services is approximately $9, 000 per month. The City's General Fund is now covering the cost ofproviding library services. The City will seek reimbursement from the District for these costs. It is reasonable to believe that the new library district board would support the restoration of these services because they are consistent with the improved library services identified in the ballot question creating and funding the District. Specifically the ballot said taxes would pay for services, such as: Maintaining, improving and expanding library services and facilities Increasing hours of operation at Main and Harmony Libraries Opening and operating a proposed new Southeast Branch Library Providing enhanced library services and operations such as reestablishing and adding new book drops in Fort Collins and the surrounding area, buying new books and media and improving programs for children, teens and adults. Additionally, these services can be restored on a short-term basis using temporary hourly staff afforded by current vacancy savings. Restoration of library services in this way would not lock the new district board into any set course of action and leaves the door open for the new board to design the library district's services according to their wishes. Anticipated revenues from the voter approved mill levy will be in the range of $5.6 million and the amount that would be spent for these temporary improvements before operations are turned over to the District would likely be less than $50, 000. Staff would like to restore these services for the following reasons: Citizens are eager to enjoy restoration of the library services. Library patrons have been asking library staff daily when library hours will be restored. 196 February 6, 2007 • Community groups have requested to reserve the Main Library meeting room on Thursday evenings and the Harmony Library meeting room on Saturday mornings. • Scores of residents are waiting to use the Harmony Library on Saturday mornings and in many cases, this is the only time they have to do so because of employment schedules. • Residents in outlying areas ask daily about when we will bring back the book drops that were eliminated and when more programs can be expected. • Funds collected from library district taxes will be paid to the library district beginning in April 2007. " Marty Heffernan, CLRS Director, stated staff would give a presentation about the services that could be restored. Brenda Cams, Library Director, stated the voters approved the new Fort Collins Regional Library District last November. There had been many requests to reinstate the services that were mentioned in the ballot language. The anticipated revenue for the Library District was $5.77 million and the funds would be available in mid -April after the new Library Board was seated. The intent was to reimburse the costs of the reinstated services once the Board was seated. Staff was interested in restoring the following services based on the inquiries that had been received: normal Saturday hours at the Harmony Library, increased hours at the main library, and restoration of story time hours. The estimated cost for the restored services would be about $4,800 per month and temporary hourly help would be used. There were also many requests to add community book drops and courier services at a cost of about $4,200 per month. The restoration of services would not lock the new Library Board into any ongoing commitment for the services. Marty Tharp, 601 Birky Place, expressed disappointment with the slow process for getting the new Library Board seated. She noted that the ballot language specifically addressed the reinstatement of the services that were proposed for restoration (hours and book drops) and such restoration should be automatic when the new Library Board takes office. She urged the Council to restore the library services by footing the bill until April, at which time the City would be reimbursed. Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to restore library services relating to book drops and hours before the Library District assumes the operation of the library. Councilmember Kastein stated the library services should be restored and thanked Ms. Tharp for her work on the ballot issue. Councilmember Weitkunat stated everyone wanted to get library services restored as quickly as possible, provided the City would be reimbursed. Councilmember Roy stated the voters had spoken on library services. 197 February 6, 2007 Councilmember Manvel stated there would be a minimal cost to get an "immediate reward" by restoring the services. The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. City Manager Atteberry asked staff to explain when the services could be restored. Cams stated the evening hours could be restored as soon as staff could be scheduled and book drops could be restored as soon as a courier was hired. Ordinance No. 030, 2007, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article II, Section 1(e) of the City Charter Pertaining to the Term of Office of Mayor, Failed to Pass on First Reading. The following is staffs memorandum on this item. "EXECUTIVE SUMMARY This proposed Charter amendment would change the current two-year term for the length ofservice for the office of mayor to a four year term, commencing in April, 2007. BACKGROUND At its January 23, 2007, worksession, City Council directed staff to draft a Charter amendment that would lengthen the term length for the office of mayor from two years to four years. Fort Collins is the fifth largest city in Colorado, and the only city among the nine largest to have a two-year, rather than a four year term for mayor. The tenth and eleventh largest cities (Boulder and Pueblo) do not directly elect a mayor. The next largest cities — Greeley, Longmont and Loveland have two-year terms for mayor. The proposed Resolution would present to the electors of the City the question of extending the term of the Mayor from two years to four years. Three options for transitioning to a four year mayoral term are being presented to the Council. Each spells out the timing of the proposed change and the effect that each would have on the number of consecutive terms that the incumbent Mayor would be eligible to serve. After the transition period, the term limits would conform to the limits that apply under the State Constitution, namely, a maximum of two, consecutive, four-year terms. The options are as follows: I': February 6, 2007 OPTION "A ": (maximum of six years for the incumbent Mayor) Shall Article II, Section I (e) of the Fort Collins City Charter be amended to state that the term of the Mayor shall be four years rather than two years, beginning in April, 2007; that any person who is elected Mayor at both the April, 2005 election and the April, 2007 election will be ineligible for re-election as Mayor in 2011; and that any other person elected as Mayor in 2007 or thereafter will be eligible to serve a maximum of two, consecutive, four-year terms as Mayor? OPTION "B ": (maximum of eight years for the incumbent Mayor) Shall Article II, Section 1(e) of the Fort Collins City Charter be amended to state that the term of the Mayor shall be four years rather than two years, beginning in April, 2009; that any person who was elected Mayor at both the April, 2007 election and the April, 2009 election, will be ineligible for re-election as Mayor in 2013 ; and that any other person elected as Mayor in 2009 or thereafter will be eligible to serve a maximum of two, consecutive, four-year terms as Mayor? OPTION "C": (maximum of ten years for the incumbent Mayor) Shall Article II, Section 1(e) of the Fort Collins City Charter be amended to state that the term of the Mayor shall be four years rather than two years, beginning in April, 2007, and that the person who is elected Mayor at the April, 2007, election and thereafter will be eligible to serve a maximum of two, consecutive four year terms?" Mayor Hutchinson stated he had filed a Conflict of Interest Statement and would recuse himself from the Council's discussion and vote on this matter. Mayor Pro Tern Weitkunat would chair the meeting for this agenda item. (**Secretary's Note: Mayor Hutchinson left the meeting at this point.) Mark Radtke, Legislative Affairs Coordinator, noted Council had requested research on mayoral terms in other Colorado cities and the top nine had four-year terms while Fort Collins (the fifth largest Colorado city) had a two-year mayoral term. He stated Loveland, Greeley and Longmont had two-year terms. City Attorney Roy outlined the options available for Council consideration and noted that the options were framed in terms of the impact on the current Mayor. He stated the State Constitution included a provision that imposed limits on the number of consecutive terms that local elected officials can serve. He stated this limit was two consecutive terms unless the term was two years or less, in which case the limit was three consecutive terms. He stated there was also a constitutional provision that gives Home Rule cities the authority to eliminate or modify those term limits. He stated if this measure was placed on the ballot the Council needed to be explicit about the intended effect on the number of consecutive terms that could be served by the incumbent Mayor to the extent that may differ from the normal constitutional limit. Mayor Pro Tern Weitkunat noted that three options had been prepared. 199 February 6, 2007 Councilmember Kastein made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 030, 2007 (Option B: a maximum of eight years for the incumbent Mayor) on First Reading. City Attorney Roy stated this option would provide that the change would take effect in April of 2009 and would provide that any person elected as Mayor in 2007 and 2009 would be ineligible for reelection in 2011. The net effect would be two two-year terms and one four-year term. Councilmember Ohlson stated he seconded the motion for discussion purposes. The status quo was working fine and no incumbent Mayor had been defeated or "seriously challenged." If the Mayor was doing a good job it was not "onerous" to have to run for reelection. A two-year mayoral term works fine because it allows a majority of Council to turnover in every election cycle. Councilmember Manvel stated he preferred Option B out of the three options. He wanted to hear the Council discussion before deciding whether or not to support the motion. There were some good arguments for a four-year mayoral term. Councilmember Roy stated a two-year mayoral term helped keep a "balance" on the Council. He would like to preserve that "cycle of balance" for the citizens. Councilmember Kastein did not think the two-year term was a good idea and a four-year term was "slightly better." It was costly and time consuming to run for Mayor and the Mayor's job was already a "full-time job." A two-year term could mean a Mayor was looking at the short term rather than the long term in making a decision and "politics could play too much of a role" in a two-year election cycle. Mayor Pro Tern Weitkunat commented this would place the issue before the voters to decide. She noted the Mayor was elected at large and had a very different role than the Mayor had 15 years ago. If the Mayor was constantly changing there was a "lack of continuity" in the community and the region. She urged the Council to let the voters decide how they wanted the Mayor to represent the community. The two-year term did not work with the "politics of the State" and involvement with the community. It was important to have a four-year Mayor and the voters should be asked to decide how they viewed the role of the Mayor in the region. Councilmember Ohlson cautioned Council to be careful about placing a Charter amendment on the ballot. Nothing was broken and he would not support placing the measure on the ballot. Councilmember Roy stated the experience over the last eight years indicated the current two-year term length was working. He had not heard any community comments about the need for a four-year Mayor. The vote on the motion was as follows: Yeas: Councilmembers Kastein and Weitkunat. Nays: Councilmembers Manvel, Ohlson, Roy. (Mayor Hutchinson absent) THE MOTION FAILED TO PASS. ("Secretary's Note: Mayor Hutchinson returned to the meeting at this point.) 200 February 6, 2007 Ordinance No. 018, 2007, Amending Certain Provisions of the City Code Pertaining to Signs in the Right -of -Way. Adopted on Second Reading. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on January 16, 2007 by a vote of 6-1 (Nays: Kastein), deals with the City's ability to remove illegally placed signs from public property and right-of-way and the circumstances under which the signs may be removed and destroyed without notice. " City Manager Atteberry stated staff was available to answer questions. This item was on the discussion agenda because of the split vote on First Reading. Mayor Hutchinson stated each audience participant would have five minutes to speak. Chris Campbell, 5410 Fossil Court North, questioned whether realtors would be able to put out open house signs. He asked that the ordinance be postponed for additional work to allow a revocable permit for open house signs in the public right-of-way. He read some of the language from the Colorado Springs ordinance that had this kind of system. George Culpepper, Jr., Governmental Affairs Director for the Fort Collins Board of Realtors, stated homeowners were concerned about replacing the 10-day waiting period with the 24-hour enforcement. Amore reasonable time period would be 96 hours. The ordinance would affect those who do not know where the public right-of-way exists and want to post yard sale and "for sale by owner" signs. The City of Colorado Springs had a temporary sign permit process for construction, real estate, mall complex signs, political, garage sale, banner, and off premises open house signs. He asked that the ordinance be postponed to allow more work on this issue. Councilmember Weitkunat asked if these issues had been considered in preparing the ordinance. City Attorney Roy stated the ordinance would apply to all signs in the right-of-way and moving the provision in the Code would not change the prohibition against private signs in the right-of-way. That provision had been in effect for a number of years. There had been a lengthy discussion about the change from the 10-day waiting period to the 24-hour provision and his understanding was that this was Council's direction. Councilmember Weitkunat asked if there had been discussion about an exemption for real estate open house signs. City Attorney Roy stated the only proposed policy change was the manner and speed for removal by the City of offending signs. Councilmember Ohlson asked for clarification of the effect of this ordinance i.e., that private signs in the right-of-way were already covered elsewhere in the Code. City Attorney Roy stated real estate signs were already prohibited in the right-of-way under the Code. 201 February 6, 2007 Councilmember Ohlson suggested adopting this ordinance on Second Reading and then looking at crafting an ordinance that would allow real estate open house signs within "strict and appropriate guidelines." He suggested working with the real estate community on an enforceable ordinance that would give people the "tools of the trade" they needed and would be enforced for those who posted signs illegally. Another option would be to allow the display of signs for a specified period of time. Councilmember Kastein favored looking at the possibility of a revocable permit. He asked if someone would receive a citation for having a sign in the right-of-way. City Attorney Roy stated someone who placed or authorized placement of a sign could be cited for either placing a sign illegally in the right-of-way or for failing to remove the sign within the requisite period of time after receiving notice. The citation would be a last resort used in an egregious situation with repeated offenders. Councilmember Kastein expressed concern that a candidate whose name appeared on a sign might be required to leave work to remove a sign posted by someone else. City Attorney Roy stated the ordinance would make the requirement clearly applicable to political, for sale and any other kind of sign. The business or interest promoted on the sign would receive notice that the illegally posted sign must be removed within 24 hours or a citation could be issued. Councilmember Kastein asked if he posted a Century 21 sign in the right-of-way outside of his home, if Code Enforcement would call him or the realtor. City Attorney Roy stated the City would attempt to contact the person or entity whose business interests or activities were furthered or promoted by the sign. The City could contact either or both the property owner and the real estate company. City Manager Atteberry stated staff would probably contact the realtor first. Councilmember Roy made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 018, 2007 on Second Reading. Councilmember Ohlson commented the intent was to avoid having people knowingly put up dozens or hundreds of illegal signs. He doubted many tickets would actually be issued because the City always worked first to abate the nuisance rather than to charge someone for the offense. He expressed an interest in looking at allowing open house signs with proper restrictions. Mayor Hutchinson asked when staff could prepare an ordinance relating to real estate and other signs posted by citizens. City Attorney Roy stated the staff time would depend on the direction as to whether the ordinance should apply only to real estate signs or if it should apply across the board to content neutral signs. Councilmember Ohlson stated he would be interested in a broader ordinance that was not limited to commercial signs. He wanted to work with the real estate industry to come up with regulations with "real guidelines" that would actually be enforced. Mayor Hutchinson asked if there should be a work session on this issue. Councilmember Ohlson wanted to open up the discussion for all types of temporary signs. He asked if the existing ordinance could be suspended until the Council had considered an ordinance dealing 202 February 6, 2007 with this issue. He noted the existing ordinance was not being enforced anyway Councilmember Roy suggested this discussion could be part of the next round of Land Use Code revisions. City Attorney Roy stated it would be up to management staff to determine what kinds of restrictions regarding time, manner and place should be used in crafting a revocable permit system. City Manager Atteberry stated he would like to discuss the time frame for preparation of an revocable permit ordinance with the staff. Councilmember Weitkunat suggested looking at the Colorado Springs ordinance as a starting point. Councilmember Ohlson stated he would like to consider a broader ordinance that would allow signs other than real estate signs. He did not want to focus on one industry to the exclusion of small "home industries." The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Manvel, Ohlson, Roy and Weitkunat. Nays: Councilmember Kastein. THE MOTION CARRIED. Ordinance No. 002, 2007, Appropriating $250,000 from the Transportation Fund Reserves into the Mason Corridor Project Budget, Adopted on Second Reading. The following is staff s memorandum on this item. "EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 16, 2007, appropriates the necessary funding into the Project budget to complete the Preliminary Engineering and Environmental Assessment (PE/EA) work for the Mason Corridor Project. This work is necessary to advance the City's funding request for the Mason Corridor Project with the Federal Transit Administration. " City Manager Atteberry stated this item was withdrawn from the Consent Calendar by a citizen and staff was available to answer questions. Mayor Hutchinson stated each audience participant would have five minutes to speak. Nick Tompkins, 6351 /2 South Whitcomb, stated money should not be used from the Transportation Fund Reserves for this purpose. Those funds was needed for other purposes such as fixing potholes and improving transit service. Mayor Hutchinson asked staff to expand on the leveraging of these funds for the broader Mason Street Corridor project. City Manager Atteberry stated on February 13 there would be work session on the entire Mason Street Corridor project. Kathleen Bracke, Senior Transportation Planner, stated the funds would allow the preliminary engineering and environmental analysis to be completed for 203 February 6, 2007 the overall Mason Street Corridor design in preparation for submission to the Federal Transit Administration to leverage federal transit funding. The timeframe was important to allow the proj ect to be finished this year. Staff was requesting that the money be moved from Reserves into the project funding account to allow staff to move ahead with the design and meet federal deadlines. Councilmember Kastein asked if, after the work session, the Council decided that the Mason Street Corridor was a bad idea would this $250,000 would still be spent. City Manager Atteberry stated if staff received direction from a majority of the Council that the project should not proceed, staff would not spend this money. Councilmember Ohlson asked if this money could be used for pothole repair or expanding the transit system. Bracke stated the money from the Transportation Capital Reserves could be used for other transportation capital expenses. City Manager Atteberry stated the funds were not for ongoing operational costs and were one-time dollars available to be used for capital expenses. Staff strongly supported this project for economic development and land use. This was potentially a $68 million capital investment in the fixture of Fort Collins. The project was a multifaceted approach to keeping Fort Collins economically vibrant and a best practices community. Councilmember Kastein asked if the City had enough money to fill all of the potholes resulting from the harsh winter. City Manager Atteberry stated the first task was to replenish the more than $1 million that was spent for snow removal. The City was filling potholes and money would be found from Reserves to complete that work. He would be meeting with staff to determine the costs for the pothole work. Councilmember Weitkunat noted this expenditure of $250,000 would potentially generate $10412 million in revenue. It was critical to move forward with at least the downtown portion of the project. Councilmember Roy made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance No. 002, 2007 on Second Reading. Yeas: Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Ordinance No. 011, 2007, Authorizing the Conveyance of Certain Small Tracts of Land in the Pineridge Natural Area Located within the Burns Ranch at Quail Ridge Subdivision from the City of Fort Collins to Burns Ranch Open Space Non -Profit Corporation. Postponed Indefinitely on Second Reading. The following is staff s memorandum on this item. "EXECUTIVE SUMMARY Ordinance No. 011, 2007, unanimously adopted on First Reading on January 16, 2007, authorizes conveyance of certain small tracts of land in the Pineridge Natural Area located within the Burns Ranch at Quail Ridge Subdivision to Burns Ranch Open Space Non -Profit Corporation. This 204 February 6, 2007 Corporation was formed for the purpose of owning and maintaining the property to be conveyed in order to save the City costs associated with the maintenance of these areas. " Mayor Hutchinson noted that this item was recommended for indefinite postponement. City Manager Atteberry explained the reasons for indefinite postponement. Councilmember Manvel made a motion, seconded by Councilmember Roy, to postpone Second Reading consideration of Ordinance No. 011, 2007 indefinitely. Yeas: Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION TO POSTPONE CARRIED. Ordinance No. 021, 2007, Amending Chapter 2 of the City Code to Create an Economic Advisory Commission. Adopted on First Reading. The following is staff s memorandum on this item. "EXECUTIVE SUMMARY At the January 23, 2007 work session, the City Council discussed changes and modifications to a draft Ordinance that would establish an Economic Advisory Commission for the City. There were several recommended changes that have been included in the Ordinance on First Reading. BACKGROUND The City Council formed the Economic Vitality and Sustainability Group (EVSAG) in 2004 to advise the City on economic health issues. EVSAG submitted a report and recommendations on strategies and tactics for making improvements in the local economy that has served as the basis for the City's Economic Action Plan. The authorizing legislation that created EVSAG also included a sunset provision that called for the elimination of EVSAG on December 31, 2006 The City Council has discussed its desire to continue to have an independent group of community members who would advise it on general economic issues, strategies, challenges, and potential solutions. Staff has taken information from the Council's retreat discussion regarding a potential Commission, integrated specific comments from the January 23, 2007 work session on the topic and crafted a proposed ordinance that will authorize the formation of an Economic Advisory Commission whose main purpose will be to provide ongoing advice and input to the City Council regarding the City's role in economic health, advice on key economic issues and trends, and recommendations for the City Council to consider for implementation. " City Manager Atteberry stated staff was available to answer any questions. Mayor Hutchinson stated each audience participant would have five minutes to speak. 205 February 6, 2007 Eric Kronwall, 1119 Monticello Court, spoke in support of creation of an Economic Advisory Commission. Councilmember Kastein asked how long before the Commission would be appointed. Councilmember Weitkunat stated a resolution was needed to appoint a Council liaison to do the interviews for this Commission. This could be done on February 20. She asked that Council direct staff to come forward with the resolution so the Commission could be in place by April. Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 021, 2007 on First Reading. Councilmember Ohlson stated this Commission was unnecessary and it was inappropriate to focus on a few different categories. He did not agree with the word "continually" in the first WHEREAS clause in the following language: "... the City Council can monitor and attempt to continually improve the economic health and sustainability of the community." He suggested eliminating the word "continually." He also disagreed with the language in another WHEREAS clause that stated the membership of the Commission should have "strong" representation from the business community. He suggested removing the word "strong" and replacing it with the word "including." He offered a friendly amendment to make these two changes. Councilmembers Weitkunat and Kastein agreed to the friendly amendment to their motion. Mayor Hutchinson emphasized this was "significant event" that would be very worthwhile. Councilmember Weitkunat commented that this was an important and timely action. She requested an indication from the Council in favor of moving ahead with a resolution to appoint a Council liaison to the Commission. Mayor Hutchinson noted the indication from the Council was in favor ofbringing the resolution back for Council consideration. Councilmember Ohlson wanted this Commission to be a "think tank rather than a lobbying group." The Commission's strength would be in its diversity. Councilmember Kastein wanted the Commission to determine what the City's role should be in the City's economy. The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. 206 February 6, 2007 Ordinance No. 010, 2007, Authorizing Acquisition By Eminent Domain Proceedings Of Flood Pain Easements for the Fossil Creek Drainage Project. Adopted on First Reading. The following is staff s memorandum on this item. "FINANCIAL IMPACT The acquisition costs will be covered by the project budget, even if condemnation is required. The project isfunded by Stormwater Utility Fees through the Stormwater Capitallmprovement Program. If condemnation is required, funds are available in the project budget. EXECUTIVE SUMMARY The present City 100 year floodplain boundary near Trilby Road and the Union Pacific Railroad right-of-way encompasses 105 homes presently constructed in the Paragon Point and Stanton Creek subdivisions. All 105 of these homes will be removed from the 100 year floodplain by the construction of two (2)120-inch diameter culverts through the Union Pacific Railroad embankment on Fossil Creek, just south of Trilby Road. In addition, the risk of a catastrophic failure of the railroad embankment and resulting damage to homes downstream will be reduced. The collateral effect of these new culverts through the railroad embankment will cause an increased 100 year floodplain impact to two (2) landowners downstream of those new culverts. City staffhas conducted several meetings and communications with the landowners and will continue these efforts into the future in order to obtain a settlement by mutual agreement. An eminent domain authorization is proposed for consideration by the Council in case no agreement can be reached regarding the acquisition of these two (2) 100 year flood plain easements from the landowners. BACKGROUND In the aftermath ofthe 1997flood, the City of Fort Collins adopted a new and expandedfloodplain along Fossil Creek. This newfloodplain was based on updated rainfall data in the Fort Collins area and represents the most accurate estimate ofpotential flooding based on accepted Civil Engineering practices. The new floodplain had the result ofplacing 105 homes in the Paragon Point and Stanton Creek Subdivisions in the 100 year floodplain. The Fossil Creek Basin Stormwater Master Plan, adopted by Fort Collins City Council in 2004, recommended the construction of two new 120-inch diameter culverts through the Union Pacifc Railroad embankment on Fossil Creek south of Trilby Road. The single existing culvert through the railroad embankment does not have the capacity to pass the peakflow from a 100 year storm, and without additional capacity, severe flooding of homes can be expected in Paragon Point and Stanton Creek Subdivisions by water backing up behind the railroad embankment. Another risk is the catastrophic failure of the railroad embankment that would damage and flood homes and property downstream. The two new proposed culverts will allow a higher rate of flow through the railroad embankment and reduce the level of flooding upstream of the railroad embankment. Construction of the two Master Planned 120-inch culverts will remove all 105 homes from the 100 year floodplain. In addition, the new culverts will be constructed five feet above the existing creek bed and will only activate during large flood events. 207 February 6, 2007 This will result in no year in, year out impact to the wetlands and natural environment along the creek. Due to the increased rate offloodwaterfow through the railroad embankment during a 100 year storm, the project will result in some increases in the 100 year floodplain downstream of the railroad embankment. As a result of the proposed flood prevention project, two private properties east of Timberline Road and adjacent to Fossil Creek Reservoir will have an increased 100 year floodplain. The increase in the 100 year floodplain on one property is 2.559 acres and on the other property 0.284 acres. Neitherproperty has any development on theproposed floodplain easements. Both landowners were approached by staff in August 2006 to discuss the flooding issues, the impacts on their property, and floodplain easement issues. Since that time communication has continued with the landowners, including additional meetings, responding to requests for additional information, many subsequent letters, the City providing a survey on their properties showing the proposed easements, and numerous telephone conversations. Independent appraisals for the floodplain easements were completed and offers were made based on the appraisals. To date, no agreement has been reached with either landowner in the resolution of this floodplain easement issue. Staff is asking for authorization to use eminent domain to acquire the two 100 year floodplain easements if further good faith negotiations with the land owners fail. Staff would always prefer to negotiate a mutual settlement and agreementfor the acquisition ofthese easements and will continue to work towards that end. Construction of the new proposed culverts through the Union Pacific Railroad Embankment will result in a very significant reduction in the threat to flooding of homes along Fossil Creek and therefore, staff recommends adoption of the Ordinance on the First Reading. City Manager Atteberry stated staff was available to answer questions. Councilmember Manvel thanked staff for providing a map and noted the map showed the houses that were being removed from the floodplain because of the culvert projects. He asked why there were new houses that needed to be removed from the floodplain. Bob Smith, Water Planning and Development Manager, stated in 1999, after the Paragon development was developed, the City changed the rainfall standard which meant more run-off and a constriction downstream of the Paragon development at the railroad track. This project would let more water through the embankment and reduce the floodplain. Councilmember Manvel noted that on the east side of the railroad embankment the floodplain seemed to expand near the culverts and then became narrower further east. Smith stated the addition of more capacity under the railroad embankment had a tendency to shrink the floodplain. Councilmember Manvel asked if the change reflected old culverts that had been put in but were not yet remapped, as well as the new culverts. Smith replied in the affirmative. February 6, 2007 Councilmember Manvel asked about the impacts of increased flow east of Timberline Road and whether there was any discussion of easements to the south because that property was public property or wetlands. Smith stated that was part of a North Poudre reservoir that would have water when it backed up into that area. Councilmember Manvel asked if small acreages would potentially be added to the floodplain to the north and if the proposal was to compensate owners for that impact. Smith replied in the affirmative. Councilmember Manvel asked if the negotiations were continuing with the owners to determine the appropriate compensation for that impact. Smith replied in the affirmative. Mayor Hutchinson asked about the appraisals on the properties. Patrick Hyland, Real Estate Specialist, stated two appraisals were done to determine the fair market value of the easements. Councilmember Manvel made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 010, 2007 on First Reading. Councilmember Kastein thanked staff for its work and the additional data that convinced him that all options had been explored in the negotiations. The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. City Manager Atteberry recognized the real estate staff s work on this "superb product." Adjournment The meeting adjourned at 8:05 p.m. n� ATTEST: City Clerk 209