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HomeMy WebLinkAboutMINUTES-02/20/2007-RegularFebruary 20, 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 20, 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: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Mayor Hutchinson stated each audience participant would have three minutes to speak. Pete Seel, Board of Directors of the Fort Collins Public Access Network, 1837 Scarborough Drive, requested suitable space for equipment storage for public access television. Jason Green, ASCSU, introduced Vanessa Conway, the new Director of Community Affairs for ASCSU. Tim Wunsch, 4212 Durango Place, spoke in support of an ordinance relating to sanctions for employment of illegal aliens. Peter O'Neill, 3346 Egret Court, supported an ordinance relating to sanctions for those employing illegal aliens. Neil Hurst, 5221 Griffith Drive, asked the voters to vote to repeal the Southwest Enclave Annexation. Gerry Becher, Fort Collins Public Access Network, 204 Mae Street, asked for Council support for expediting the intergovernmental agreement process to allow the Public Access Network to move ahead as the designated access provider for the community. Karen Rose, 5200 Parkway Circle East, asked why the City Manager received a 6.5% increase in total compensation when the salary increase was 2.3%. She questioned the creation of"confusing" ballot language relating to the Southwest Enclave Annexation. She had requested that Council state it was never the intent to use open space as a boundary to encircle an enclave and to "correct" this in the open space initiative language. James Ross, Human Relations Commission member, 944 Pioneer Avenue, stated he was addressing the Council as a concerned citizen. He expressed concern that the draft illegal alien ordinance would 210 February 20, 2007 exceed federal and state statutes on immigration, He spoke regarding individual liberty and stated "excessive monitoring' was not an attraction for those moving here. The proposed ordinance could potentially be "intrusive" and could force Fort Collins taxpayers and businesses to pay an unknown amount of dollars for the enforcement of "more red tape' for contractors and subcontractors doing business with the City. John Gascoyne, 718 West Mountain Avenue, spoke in opposition to the proposed ordinance relating to employment of illegal aliens. The ordinance would work against the best interests of the City and would have the City act in ways that were the province of the federal government. Enforcement could lead to expensive litigation. Frank Gibson, 826 Ashford Lane, opposed the proposed ordinance relating to employment of illegal immigrants. He asked the Council to stand up to "rampant fear" and not treat immigrants as "one huge class of criminal suspects." He asked the Council to call upon Congress to enact comprehensive immigration reform with a companion action to partner with Mexico to "hammer out- an economy that will offer Mexicans a future in their own country. Roberto Valdez, southwest Fort Collins resident, spoke against the proposed ordinance promoting sanctions against local employers hiring undocumented workers. He stated arguments for the ordinance were based on incomplete or "distorted" information. No comprehensive study had been done about the economic impacts of illegal immigration. Gloria Balderrama, 1400 Casa Grande Boulevard, opposed the proposed ordinance relating to undocumented workers and questioned whether enforcement of such an ordinance would be unfunded. Lawsuits would result from adoption of the ordinance. The ordinance would be "anti - immigration"' and "racist" as well as a "path to profiling." She questioned how small businesses would be impacted by the requirement for verification of immigration status. Racism would once again be "blatant' if this ordinance was adopted. Shirley Malin, 2013 Custer Drive and "legal' immigrant, supported the proposed ordinance relating to undocumented workers and stated the concern was uninvited "illegal' immigration. The value of this country needed to be preserved by allowing only invited and legal immigration. Cheryl Distaso, 135 South Sunset Street, opposed the proposed ordinance regarding employing illegal aliens. It would be expensive to implement such an ordinance and would not meet the stated objectives. The City would not have the resources or expertise to enforce such an ordinance. Mary Detweiler, 4255 Westshore Way, spoke in opposition to the proposed illegal immigration ordinance for practical, economic and humanitarian reasons. Mayor Hutchinson noted the 30 minutes allocated for Citizen Participation had been used and asked the Council if Citizen Participation should continue. The consensus was to allow Citizen Participation to continue for the people standing in line. Nancy York, 130 South Whitcomb, opposed the proposed ordinance regarding employing illegal 211 February 20, 2007 aliens and objected to the $180,000 cost of implementation. She suggested that climate change was a much more important issue for the Council to work on. Bob Michael, 1212 Raintree Drive #A5, supported the proposed ordinance regarding employing illegal aliens. Vivian Armendariz, 870 Merganser Drive, Apt. 908, spoke in opposition to the proposed ordinance relating to employing illegal aliens. She stated this would be a discriminatory ordinance. Jessica Larson, 411 East Prospect, CSU graduate student, opposed the proposed ordinance relating to employing illegal aliens as the ordinance would impact small businesses and "people." Karen Roble, Fort Collins resident, supported the proposed ordinance relating to employing illegal aliens. She stated small businesses should have a "sense of responsibility" about hiring only legal workers. Mark Lanning, CSU student, spoke in opposition to the proposed ordinance relating to employing illegal aliens. He stated this would be a "racist" ordinance that would be unconstitutional. Zach Heath, 408 East Elizabeth, opposed the proposed ordinance relating to employing illegal aliens. He stated the issue of illegal immigration needed to be solved at the federal level. Roger Dodds, 2813 Seccomb Street, spoke in opposition to the proposed ordinance relating to employing illegal aliens and stated more time was needed to study this "hasty" ordinance. Mayor Hutchinson stated he would allow one more speaker under Citizen Participation. Laura Light, CSU student, opposed the proposed ordinance relating to employing illegal aliens and questioned whether it would be a viable and affordable solution to the problem. Citizen Participation Follow-up Mayor Hutchinson thanked everyone who spoke during Citizen Participation. He requested that staff explain the total compensation for City Manager Atteberry. Janet Miller, Interim Human Resources Director, stated the percentage of increase for the City Manager's salary was based on base pay. FICA was included in the 2007 salary ordinance and this was the first year that FICA was included in the total compensation figure in the ordinance. Councilmember Roy stated the Council was willing to compensate the City Manager at ahigher level than what was agreed upon and that his performance contributed to a high functioning organization. He asked for staff comments regarding the issues of space for the public access channel equipment and the intergovernmental agreement. City Manager Atteberry stated he would provide information to Council on the public access channel issues. 212 February 20, 2007 Councilmember Kastein stated Council would consider the ordinance relating to employing illegal aliens in March. He also noted Council had received an e-mail addressing the questions posed by Ms. Rose regarding the City Manager's salary and he would forward that e-mail to her. Mayor Hutchinson stated the title of the ordinance to be considered by Council did not contain the word "immigration." He stated the title would be "Establishing Local Sanctions Upon Contractors and Such Contractors Who Employ Unauthorized Aliens to Perform Work for the City." Agenda Review City Manager Atteberry stated item #25 Resolution 2007-015 Convening a Task Force to Update the City of Fort Collins Climate Protection Plan and to Promote Renewable Energy, Energy Efficiency, Waste Reduction and Transportation -related Technologies, Services, and Practices and item #34Items Relating to the Southeast Branch Library would be withdrawn from the agenda and rescheduled for March 6, 2007. CONSENT CALENDAR 6. Second 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 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 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. This Ordinance, unanimously adopted on First Reading on February 6, 2007, authorizes the City to acquire the property rights for the City by eminent domain in case no agreement can be reached regarding the acquisition of these two (2) 100-year flood plain easements from the landowners. Second 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. 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 213 February 20, 2007 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. This Ordinance, unanimously adopted on First Reading on February 6, 2007, appropriates funds for these improvements. 8. Second Reading of Ordinance No. 020, 2007, Dissolving the Library Board and Amending the City Code by Repealing 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. This Ordinance, unanimously adopted on First Reading on February 6, 2007, dissolves the Library Board. 9. Second Reading of Ordinance No. 021, 2007, Amending Chapter 2 of the City Code to Create an Economic Advisory Commission. This Ordinance, unanimously adopted on First Reading on February 6, 2007, creates an Economic Advisory Commission. The main purpose of this Commission is 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. 10. Second Reading of Ordinance No. 022, 2007, Submitting to a Vote ofthe 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, unanimously adopted on First Reading on February 6, 2007, submits to the voters at the April 3, 2007 election 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. 11. Second Reading of Ordinance No. 023.2007,SubmittingtoaVote ofthe RegisteredElectors of the City of Fort Collins a Proposed Amendment to Article XI of the City Charter. Pertaining to Franchises and Public Utilities. This Ordinance, unanimously adopted on First Reading on February 6, 2007, asks the electors of the City of Fort Collins at the April 3, 2007 election whether they wish to amend the City Charter so that the existing 20-year limit on franchises and leases would apply only to franchises. 12. Second 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, which was unanimously adopted on First Reading on February 6, 2007, 214 February 20, 2007 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. 13. Second Reading of Ordinance No. 025, 2007, Amending Certain Sections of the Larimer County Urban Area Street Standards by Repeal and Readoption Thereof. This Ordinance, unanimously adopted on First Reading on February 6, 2007, revises the "Larimer County Urban Area Street Standards" (Standards). 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 20, 2007. It is planned that the revisions to the Standards will become effective April 1, 2007. 14. Second 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. Ordinance No. 026, 2007, unanimously adopted on First Reading on February 6, 2007, authorizes conveyance of this property to the Lindenwood Home Owners Association. 15. Second Reading of Ordinance No. 027, 2007, Designating the Emma Brown/Susan Winter House, 720 West Prospect Road, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Ordinance No. 027, 2007, unanimously adopted on First Reading on February 6, 2007, designates the Emma Brown/Susan Winter House as a Fort Collins Landmark. The owner of the property, Susan Winter, is initiating this request. 215 February 20, 2007 16. Second 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. 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. This Ordinance, unanimously adopted on First Reading on February 6, 2007, authorizes the dedication of the right-of-way needed to correct alignment of County Road 32C. 17. First Reading of Ordinance No. 031, 2007 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2007 Adopted City Budget. The purpose of the previously appropriated funds remains the same, that being for land conservation, construction of parking lots, fences and trails, restoration of wildlife habitat and other natural areas program needs to benefit the citizens of Fort Collins. 18. First Reading of Ordinance No. 032, 2007, Appropriating Prior Year Reserves. City Council authorized expenditures in 2006 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2006 because: There was not sufficient time to complete bidding in 2006 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies. The project for which the dollars were originally appropriated by Council could not be completed during 2006 and reappropriation of those dollars is necessary for completion of the project in 2007. To carry on programs, services, and facility improvements in 2007 with unspent dollars previously appropriated in 2006. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2006. 19. Items Relating to an Intergovernmental Agreement with the Colorado Department of Transportation for the Design and Construction of East Mountain Trolley Track Enhancements. 216 February 20, 2007 A. Resolution 2007-010 Authorizing the Mayor to Execute an Intergovernmental Agreement with the Colorado Department of Transportation for the Design and Construction of East Mountain Trolley Track Enhancements. B. First Reading of Ordinance No. 033, 2007, Appropriating Unanticipated Revenue in the Transportation Services Fund and Authorizing the Transfer of Existing Appropriations in the Transportation Services Fund and the General Fund to Be Used for the Design and Construction of East Mountain Trolley Track Enhancements. The City of Fort Collins received a grant from the North Front Range Metropolitan Planning Organization Transportation Enhancement Grant Program to restore the brick roadbed surrounding the exposed, abandoned, streetcar railway track so it will be an asset to the adjacent Old Town National/State/Local Landmark District, and provide safe pedestrianibicycle passage. This project will involve removal and salvage of the existing bricks and removal of the existing concrete surrounding the existing tracks and replacement with both salvaged and new brick pavers. 20. First Reading of Ordinance No. 034, 2007, Amending Section 23.5 of the City Code Pertaining to Special Events. The purpose of this Code change is to make the special event application process friendlier to the citizens applying for permits. The amendments to the Code will allow enough time for event organizers to meet conditions of the special event permit including the appeal process, if necessary, prior to the event occurring. It also allows the City time to provide confirmed services (such as review and acceptance from Fire Authority, Liquor Authority and Traffic Operations) to the organizers for planning of the event. The added time equates to increases in the City's ability to coordinate information with the organizer regarding other needed permits or issues that may arise during their event. In general, this change helps the City provide better and timely information and services to the community and citizens availing themselves of the special event process. There is no financial impact. 21. Items Relating_to the Weiner Enclave Annexation. A. Hearing and First Reading of Ordinance No. 035, 2007, Annexing Property Known as the Weiner Enclave Annexation to the City of Fort Collins, Colorado B. Hearing and First Reading of Ordinance No. 036, 2007, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Weiner Enclave Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 7.55 acres located on the west side of Ziegler Road, south of Rock Creek Drive, and north of Kechter Road. Fossil Ridge High School is directly to the east. This annexation request consists of two properties (5117 Ziegler Road and 5305 Ziegler Road) that are developed as single-family residences with several outbuildings. The property at 5117 Ziegler Road contains an existing livestock feedlot (not operating) and the property 217 February 20, 2007 at 5305 Ziegler Road contains a commercial business (Express Concrete). The McClelland's Channel runs along the south property line of 5305 Ziegler Road. The properties are in the FA - Farming Zoning District in Larimer County. The requested zoning in the City of Fort Collins is LMN - Low Density Mixed -Use Neighborhood. 22. Resolution 2007-011 Finding Substantial Compliance and Initiating Annexation Proceedings for the Kinard Junior Hieh School Annexation. The Kinard Junior High School Annexation is 27.18 acres in size. The site is 3002 East Trilby Road, located approximately one-half mile south of Kechter Road on the west side of Ziegler Road. Contiguity with the existing municipal boundary is gained along the entire eastern boundary which is shared with the Fossil Lake Annexation Number Two and a portion of the north boundary which is shared with the Homestead Annexation. This is a 100% voluntary annexation for a property located within the Growth Management Area. The property satisfies the requirement that no less than one -sixth of the perimeter boundary be contiguous to the existing City boundary. The Petitioner has requested that the Property included in the Annexation be placed in the "LMN" Low Density Mixed -Use Neighborhood Zone District. The proposed Resolution states it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on April 17, 2007. Not less than 30 days prior, published notice is required by State law. 23. Resolution 2007-012 Submitting the Downtown Urban Renewal Plan to the Planning and ZoningBoard, the Larimer County Board of Commissioners, and the Poudre School District Board of Education. Staff is taking the necessary steps to bring forward a Downtown Urban Renewal Plan (URP) for a Council adoption hearing on March 20. One of the necessary steps required by Colorado's Urban Renewal Law is for the Council to formally submit the Urban Renewal Plan to the Planning and Zoning Board for its review and recommendation regarding conformance with City Plan, which is the general plan for development of the municipality as a whole. The Council must also allow the Poudre School District to "participate in an advisory capacity." The Planning and Zoning Board is scheduled to review the proposed Urban Renewal Plan on March 15, 2007. The Council is scheduled to conduct a public hearing and consider resolutions approving a `Blight Study" and the Downtown Urban Renewal Plan at its March 20 regular meeting. Adoption of Resolution 2007-012, referring the Plan to the other respective bodies, does not commit the Council to approving the Blight Study and Downtown Urban Renewal Plan at its March 20 meeting. 218 February 20, 2007 24. Resolution 2007-014 Submitting the Amended North College Avenue Urban Renewal Plan to the Planning and Zoning Board, the Larimer County Board of Commissioners, and the Poudre School District Board of Education. Staff is taking the necessary steps to bring forward an Amendment to the adopted Urban Renewal Plan for the North College Avenue corridor area, for a Council adoption hearing on March 20. One of the necessary steps required by Colorado's Urban Renewal Law is for the Council to formally submit the Urban Renewal Plan to the Planning and Zoning Board for its review and recommendation regarding conformance with City Plan, which is the general plan for development of the municipality as a whole. The Council must also allow the Poudre School District to "participate in an advisory capacity." The Planning and Zoning Board is scheduled to review the proposed Urban Renewal Plan on March 15, 2007. The Council is scheduled to conduct a public hearing and consider resolutions approving an amended `Blight Study" and Urban Renewal Plan at their March 20 regular meeting. Adoption of Resolution 2007-014, referring the Plan to the other respective bodies, does not commit the Council to approving the amended Blight Study and Urban Renewal Plan for the area at its March 20 meeting. 25. Resolution 2007-015 Convening a Task Force to Update the City of Fort Collins Climate Protection Plan and to Promote Renewable Energy Energy Efficiency, Waste Reduction and Transportation -related Technologies. Services. and Practices. In 1999, City Council adopted Resolution 1999-137, setting a goal to reduce citywide greenhouse gas emissions 30% below worst case 2010 levels, by 2010, and adopting a Plan to meet the goal. The most recent progress report (2004) indicates the City is not on track to meet the 2010 reduction goal. This Resolution calls for the formation of a task force, including citizens and City staff, to develop an updated plan to describe the steps the community will take to meet the existing greenhouse gas goal. It directs that the revised Plan shall include measures to encourage renewable energy, energy efficiency, transportation efficiency, and waste reduction. It also allows the task force to make recommendations on how the City should develop a future direction for climate protection after 2010. 26. Resolution 2007- 016 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The guidelines for the Cultural Development & Programming and Tourism Programming accounts (Fort Fund) provide a three -tiered funding system. Organizations may apply for grants from these accounts to fund community events. Tier #1 was established as an annual programming fund for organizations whose primary purpose is to present three or more public events annually. These groups may apply for funding from Tier #1 each April. Tier #2 allows organizations that are not eligible for Tier #1 support to apply for funding of events that are not fund-raising in nature and do not generate more than $5,000 in proceeds after expenses. Tier #3 allows organizations that are not eligible for Tier #1 support to apply for funding of events that generate more than $5,000 in proceeds after expenses and are fund- 219 February 20, 2007 raising in nature. Applications for support from Tier #2 and Tier #3 are accepted each January and June. 27. Resolution 2007-017 Authorizing an Amendment to the Intergovernmental Ageement with Poudre School District Regarding the Building Community Choices City/School District Capital Projects. The Building Community Choices City/ Poudre School District (BCC/PSD) joint projects (ballfields, soccer fields, etc.) have been completed except for the in -line hockey rink at Edora Park. The City and PSD are in agreement that a better use of the funds for the hockey rink would be to construct a tennis court ($55,000) at Rocky Mountain High School with the remaining funds ($111,259) going toward improvements at the skate park at the Northside Aztlan Center. 28. Resolution 2007- 018 Making Appointments to Various Boards and Commissions. A vacancy currently exists on the Natural Resources Advisory Board due to the resignation of JoAnn Thomas. Mayor Hutchinson and Councilmember Manvel reviewed the applications on file and are recommending Amy Dean to fill the vacancy with a term to begin immediately and set to expire on December 31, 2009. A vacancy currently exists on the Planning and Zoning Board due to the resignation of Matt Fries. Councilmembers Weitkunat and Roy reviewed the applications on file and are recommending Gino Campana to fill the vacancy with a term to begin immediately and set to expire on December 31, 2010. A vacancy currently exists on the Senior Advisory Board due to the resignation of Jim Downey. Mayor Hutchinson and Councilmember Weitkunat reviewed the applications on file and are recommending Joseph Bieker to fill the vacancy with a term to begin immediately and set to expire on December 31, 2008. 29. Routine Easement. Deed of Easement from Cottonwood Land and Farms, Ltd, to access the old CDOT Rest Area. Monetary consideration: $0. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 6. Second Reading of Ordinance No. 010, 2007, Authorizing Acquisition By Eminent Domain Proceedings of Flood Plain Easements for the Fossil Creek Drainage Project. Second 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. 220 February 20, 2007 8. Second Reading of Ordinance No. 020, 2007, Dissolving the Library Board and Amending the City Code by Repealing Sections Relating to the Library Board. 9. Second Reading of Ordinance No. 021, 2007, Amending Chapter 2 of the City Code to Create an Economic Advisory Commission. 10. Second 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. 11. Second Reading of OrdinanceNo. 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. 12. Second 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. 13. Second Reading of Ordinance No. 025, 2007, Amending Certain Sections of the Larimer County Urban Area Street Standards by Repeal and Readoption Thereof. 14. Second Reading of Ordinance No. 026, 2007, Authorizing the Conveyance of Certain Real Property In Section 6, Township 7 North, Range 68 West. 15. Second Reading of Ordinance No. 027, 2007, Designating the Emma Brown/Susan Winter House, 720 West Prospect Road, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 16. Second 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. 35. 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. Ordinances on First Reading were read by title by City Clerk Krajicek. 17. First Reading of Ordinance No. 031, 2007 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2007 Adopted City Budget. 18. First Reading of Ordinance No. 032, 2007, Appropriating Prior Year Reserves. 19. First Reading of Ordinance No. 033, 2007, Appropriating Unanticipated Revenue in the Transportation Services Fund and Authorizing the Transfer of Existing Appropriations in the 221 February 20, 2007 Transportation Services Fund and the General Fund to Be Used for the Design and Construction of East Mountain Trolley Track Enhancements. 20. First Reading of Ordinance No. 034, 2007, Amending Section 23.5 of the City Code Pertaining to Special Events. 21. Items Relating to the Weiner Enclave Annexation. A. Hearing and First Reading of Ordinance No. 035, 2007, Annexing Property Known as the Weiner Enclave Annexation to the City of Fort Collins, Colorado B. Hearing and First Reading of Ordinance No. 036, 2007, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Weiner Enclave Annexation to the City of Fort Collins, Colorado. Councilmember Kastein made a motion, seconded by Councilmember Manvel, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Consent Calendar Follow-un Councilmember Weitkunat commented on item #21 Items Relating to the Weiner Enclave Annexation, item #22 Resolution 2007-011 Finding Substantial Compliance and Initiating Annexation Proceedings for the Kinard Junior High School Annexation and noted that annexation was a normal and orderly growth pattern. She also commented on item #26 Resolution 2007- 016 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. Staff Reports City Manager Atteberry reported that the City's skatepark system received an award from Skaters for Public Skateparks and was recognized in a national publication Parks and Recreation Magazine. He also reported that Collindale Golf Course and Pro Shop were featured in Avid Golfer Magazine and that Collindale had been selected to host the local U.S. Open qualifications in May. It had been selected by the Colorado High School Activities Association as the site for the Boys 5A Big School State Golf Championship in October. Councilmember Reports Councilmember Manvel reported on the process for selection of the Library District Board of Trustees. 222 February 20, 2007 Councilmember Ohlson acknowledged the death of former Mayor, leader and "statesman" Dr. Karl Carson. Councilmember Weitkunat reported on the Colorado Municipal League annual legislative affairs meeting. Resolution 2007-019 Rescinding Resolution 1998-037, Which Adopted a Prairie Dog Policy for City Natural Areas, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT Rescinding the Prairie Dog Policy and administratively adopting the proposed Guidelines does not have any direct financial impact. The Guidelines could influence management actions that incur costs to the Natural Areas fund. Any particular management action would be balanced against the program's other needs and its overall ability to fund an action. EXECUTIVE SUMMARY Staff is recommending that the Prairie Dog Policy adopted by Council in 1998 be rescinded. To improve its operations with respect to all wildlife on City -owned natural areas, the Natural Areas Program has developed Wildlife Management Guidelines which, like other Natural Area management plans, are proposed to be administratively adopted. The Guidelines will help shape system -wide and site -specific wildlife management strategies that support ecosystem health, that reflect community values, and that are pragmatic and fiscally responsible. Purpose: Rescinding the Prairie Dog Policy and administratively adopting the Guidelines will: • Provide a framework to guide wildlife management decisions on City natural areas. • Provide a frameworkfor the overarching goal ofmanaging wildlife and wildlife habitatfor the objective ofpromoting and enhancing ecosystem health and sustainability. • Replace the City's 1998 Prairie Dog Policy for City Natural Areas, adopted by Council resolution, with new, administratively adopted guidelines for prairie dog and prairie dog habitat management (requires Council action to drop the 1998 plan). • Maintain consistency in management direction between natural areas while also providing flexibilityfor site -based decision making. • Provide guidance on the management of human — wildlife conflicts. 223 February 20, 2007 Explore long-term conservation issues related to species recovery efforts at Soapstone Prairie Natural Area. Articulate clear management guidelines for native wildlife species. Provide direction for the control of invasive species. BACKGROUND The Natural Areas Program currently manages approximately 33, 000 acres. Almost all of this land provides habitat to a variety of native animals. Because the City's natural areas system is home to so many wildlife species, staff concluded that a set ofguidelines would be helpful in developing site specific management strategies. Unlike the existing Prairie Dog Policy, the Guidelines that staff has developed are intended to provide a frameworkfor managing wildlife and wildlife habitat for the objective ofpromoting and enhancing ecosystem health and sustainability. Furthermore, they are intended to be adaptive and not prescriptive. Thus, over time, as various site -specific management efforts are undertaken based on the Guidelines, results will be monitored and adaptations designed to improve outcomes. This approach will be particularly useful with respect to prairie dogs. At its January 9th work session, Council asked staff to explain why it was proposing administrative adoption ofthe Guidelines. Staffis recommending administrative adoptionfor several reasons. The document is intended to be a set of guidelines, or a framework, for managing wildlife. As noted above, it is adaptive in nature. Wildlife management is an iterative, dynamic process of applied research, management, and learning. Therefore, in recognition of the adaptive nature of the Guidelines, staff is recommending an administrative approach to its day-to-day operations, rather than a regulatory approach. This administrative approach is consistent with nearly all of the program's managementplanning, with the exception ofthe existing Prairie Dog Policy and the Land Conservation and Stewardship Master Plan (the Council -adopted policy document that guides the actions of the program). Further, as the Guidelines indicate, there already is a substantial body of state and federal regulation and law that prescribes how wildlife may be managed. Council also asked staff to consider various changes to the document and to provide an overview offinal edits and as well as information about public participation in the process of developing the Guidelines. The Guidelines were reviewed by the Natural Resources Advisory Board and it has recommended administrative adoption of the Guidelines and rescinding the existing Prairie Dog Policy. The Land Conservation and Stewardship Board will take action at its February l5th meeting. Its recommendation will be included in the read -before packet. In addition to the Boards and Council, the Guidelines were reviewed by natural resource management agencies, research specialists, and the general public. Comments, including Council comments, are noted in the attached table with associated responses. Council asked for a side -by -side comparison of the Prairie Dog Policy with the proposed Guidelines. The comparison is attached. 224 February 20, 2007 Finally, Council asked about debris cleaning activities on the Poudre River that are conducted by the stormwater utility each year. A memo has been provided. " John Stokes, Natural Resources Director, commended Natural Resources staff for its work on this plan. He noted there had been significant public input during this work and peer reviewers from the Colorado Division of Wildlife and elsewhere had provided feedback. The proposed Resolution would rescind the City's adopted Prairie Dog Policy and new administratively adopted Wildlife Guidelines would take their place. Richard Bachand, Senior Environmental Planner, stated Council was briefed on these issues at a work session in January. Changes had been made in response to some of the public input and peer reviews. He outlined the vision statement for diverse wildlife on natural areas that would be in harmony with the ecological resources on the site. The overarching themes were conservation of habitat and economic and social concerns in an urban environment. The plan articulated protocols for dealing with conflicts that occur due to interactions with humans in an urban landscape. The goal was to work to resolve those conflicts to maintain the community value of the wildlife and sustain the ecological integrity of the habitat and the wildlife populations. The plan would be administratively adopted and would be continually improved and formally reviewed within approximately five years when the effects of the new Guidelines could be evaluated. The proposed Guidelines related to actions that would be taken on natural areas properties subject to federal, state and local laws and regulations governing wildlife. Site management plans for natural areas would ultimately decide the desired condition of the land and the proactive actions to be taken to conserve wildlife. The management of prairie dogs in an urban environment was a controversial issue. Staff members were "pro prairie dog conservation advocates" and these guidelines would strive to achieve a balance for a healthy ecosystem and prairie dog conservation. A system of zonation would be used to identify suitable habitat within a natural area for prairie dogs and to manage the prairie dogs to preserve healthy grasslands for other wildlife. Staff would continue to work with the Department of Agriculture's National Wildlife Research Center on contraceptive techniques to reduce the long term need for lethal control. Some lethal control would be needed in the meantime to reduce the prairie dog populations to a level where contraception would work. Staff would report twice annually to the Land Conservation and Stewardship Board on wildlife management activities. He outlined the public and peer review process for this proposed plan. Mayor Hutchinson stated each audience participant would have five minutes to speak. Kellie Cremer, 1225 West Prospect Road, stated this plan appeared to be more "lethal" than the previous plan in light of the 95% decline in the prairie dog population over the last 150 years. Control of prairie dogs was not a problem due to the population decline. Prairie dogs were important to the entire ecosystem. She had some suggestions to make the plan "sounder and well-rounded." She proposed placing non -lethal measures such as passive relocation and volunteer monitoring and fortification of existing barriers ahead of lethal measures. The assessment tools should be reevaluated and the City should work with nationally known prairie dog experts. The six week notification on lethal control of prairie dogs should be reinstated. She asked that her suggestions be written into the proposed plan. 225 February 20, 2007 Laura Sebastian, 2917 Oxford Court, stated prairie dogs lived for only two to five years and died off naturally. The new plan was more "sweeping and lethal' than the previous plan and "lacked restraint." Prairie dogs could be killed without comment or checks and balances from the public or other government bodies. There should be some accountability included in the plan. Decisions regarding the killing of wildlife should not be placed solely in the hands of two people. The new plan puts more power in the hands of fewer people. She questioned why good stewardship required periodic and repeated mass fumigations when contraception would be available in the next two years. She asked that there be more accommodation, peaceful coexistence and less control of wildlife. Councilmember Brown stated Council frequently heard that the prairie dog was a keystone species and asked if this was still true if there were no predators. Stokes stated the prairie dog was a keystone species in big functioning prairie ecosystems. In local natural areas, there were highly fragmented open lands and prairie dogs were not a keystone species in such areas. Bachand stated this was an urban natural area surrounded by development rather than a healthy functioning prairie dog town. Nationally recognized experts note that 10,000 acres is needed for a fully functional prairie dog town. It was necessary to manage an "unnatural' prairie dog situation while being pro - conservation. Stokes stated experts at CSU had indicated the number of prairie dogs in the local natural areas system was slightly higher than what would be found in an undisturbed prairie. Councilmember Brown asked if $1 per sterilization shot would include trapping costs. Stokes stated it cost about $85 to trap one animal for sterilization, relocation or donation to the ferret center. Councilmember Brown noted it was difficult to find a site for relocation. Stokes stated it was "virtually impossible" to find a relocation site. Councilmember Brown stated there were small prairie dog sites and raptor stands in his Council District and asked why there were no birds. Bachand stated raptors preferred to hunt prairie dogs in areas larger than 50 acres. Councilmember Roy asked about mortality rates for the local prairie dog populations during harsh winters. He also asked about a notification process to advise the public to keep pets away from the area at when eradication efforts were being done. Bachand stated specific management plans would be built on the data regarding the prairie dog situation at the time the plan was developed. Most of the sites where the lethal control would take place would involve placing a pellet in a burrow that would then be covered up to contain the lethal gas. Areas close to a trail would be posted with notification signs. Councilmember Brown noted the agenda material talked about bringing bison to Soapstone. Stokes stated various species of animals could be reintroduced to Soapstone Natural Area because of the size of the area. Brown stated this could be a great tourist attraction. 226 February 20, 2007 Councilmember Kastein asked about a cost comparison for the existing and future prairie dog management policies. Stokes stated the new wildlife management policy could have some impact on operational costs at least in the short term. Councilmember Kastein asked if there could be some increase in the budget to get the program started. Stokes replied in the affirmative and stated it would not be a large increase. The costs were related to monitoring, adaptive management and monitoring of the effect of the management efforts. Bachand noted prairie dogs were only one part of the overall proactive wildlife management plan. Councilmember Kastein wanted to know the magnitude of costs for the new program. Stokes stated staff would provide follow-up information on the projected costs. There were no plans to increase the budget for personnel for this program for 2007. Councilmember Manvel made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 2007-019. Councilmember Manvel stated the Council was "wiping the slate clean" so that overall wildlife management guidelines could be administratively adopted. He commended staff for their work on the developing the plan. Councilmember Ohlson thanked the citizens who had been involved in this issue. It was important to appropriately "manage" prairie dogs in an urban environment in order to have them in such an environment at all. He could not come up with "better suggestions" than those proposed by staff and the Natural Resources Board had discussed this issue at length. He would support the Resolution. Councilmember Brown complimented staff on this work. He looked forward to seeing what could be done to reintroduce wildlife species to Soapstone. He would support the Resolution. Mayor Hutchinson expressed appreciation for the "excellent work" on this issue. He noted the City was pioneering non -lethal methods of wildlife management and he believed this was "exactly the right thing to do" and he would support the Resolution. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. ("Secretary's Note: The Council took a recess at this point in the meeting.) 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. Adopted on Second Reading. The following is staffs memorandum on this item. 227 February 20, 2007 "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 floodplain 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. Second Reading of Ordinance No. 015, 2007 was postponed on February 6, 2007 to February 20, 2007 by a unanimous vote. " Bob Smith, Water Planning and Development Manager, presented background information relating to the agenda item. He stated the Board of County Commissioners approved the recommendation after Council's adoption of the Ordinance on First Reading. Councilmember Manvel noted there was a revision relating to the "no rise" requirement except on the applicant's land or by easement on another property. He had raised the question about a situation in which someone could fill on property in the flood fringe area and cause flooding on adjacent properties. His impression was that the administrator making the judgement about the impact of the fill on adjoining properties could investigate that impact. Smith stated there must be a floodplain use permit issued by the Utilities General Manager for any work done in the floodplain. Certain criteria must be reviewed before the permit can be issued. There was a provision that, based on unique circumstances, the Utilities General Manager can request additional information to ensure that the purpose of the Code is upheld i.e., protecting adjacent properties and the corridor. Councilmember Manvel stated that fill on the flood fringe would usually be minimal and the subsequent rise would have minimal effect on adjoining properties. It appeared that someone would be looking at that type of issue. Smith replied in the affirmative. Mayor Hutchinson noted staff had indicated that much of the property along the River would never be developed because of the amount of wetlands. Smith stated the reality was that there would not be fill on much of the river corridor land. Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 015, 2007 on Second Reading. Councilmember Manvel stated it was good to have the City and County standards conform to each other as much as possible so there would be a smooth transition for properties annexing to the City. He had concerns about a larger flood fringe that could be modified for erection of commercial buildings. He also had concerns about going from a standard of allowing the City only to modify the floodway to allowing other users to modify the floodway (with considerable restrictions). He asked for examples that would show that modification of a floodway would make sense from the public interest point of view. Smith stated one example would be the property owner cleaning up 228 February 20, 2007 the adjacent river area or putting in vegetation and stabilizing the banks. The City or a public agency would have to do that under the old standard and the change meant there would be an opportunity for a private individual or entity to do some work along the River. Councilmember Manvel asked if there would be aesthetic and environmental standards on how that kind of work could be done. Smith replied in the affirmative and stated the proposed work would have to be reviewed before the floodplain permit could be issued. Councilmember Manvel asked if there were aesthetic considerations. Smith stated design criteria would have to be followed. Jim Hibbard, Water Engineering Field Services Manager, stated the City encouraged buried rip -rap and natural stone where appropriate. Marsha Hilmes-Robinson, Civil Engineer, stated other City departments and criteria would be part of the development review process. Councilmember Ohlson asked if buried rip -rap was a requirement rather than the preferred alternative. Hibbard stated there was not a requirement regarding the color of rip -rap. Smith stated the design criteria required the use of gray rock and the preference was for buried rip -rap to allow more vegetation. Exposed rip -rap was used for steeper slopes and there were design constraints. Councilmember Ohlson asked if the City can require that rip -rap be buried. Smith stated the Utilities General Manager can require that work be done in a certain way. City Manager Atteberry asked if it was the City's common practice to require buried rip -rap or a specific color of stone. Smith stated the design criteria required gray rather than pink rip -rap and that buried rip -rap was usually required. Hibbard stated there were site specific situations in which the burial of rip -rap would not be required. Burial of rip -rap was required whenever possible and that gray rip -rap was required when it could not be buried for hydraulic reasons. He stated there could be existing pink rip -rap. Councilmember Ohlson stated his concern was that the standard practice was to require burial of rip - rap rather than to "just ask." Councilmember Manvel had concerns about allowing hazardous materials in the 500 year corridor because this would "weaken" the City regulations. He asked if there were hazardous materials in that corridor in the City on a "grandfathered" basis. Hilmes-Robinson stated the current regulation was established in 1995 and new hazardous materials were prohibited at that time. Councilmember Manvel stated the 500 year floodplain was large and asked for confirmation that the County was not willing to exclude hazardous materials from their 100 year floodplain because of the airpark area. Hilmes-Robinson replied in the affirmative. Councilmember Manvel stated a 500 year flood was "extremely unlikely and the last one was in 1904. He could agree with the change in the regulations because of that. Councilmember Roy stated he would not support the Ordinance because of the issue mentioned by Councilmember Marvel. It was important not to "roll the dice" on the safety of citizens in the future. The purpose of the regulation was to protect the lives and safety of the citizens. He did not 229 February 20, 2007 want to see any changes that would "chip away at the integrity of the River." There needed to be a global long range view for the Poudre River. Councilmember Weitkunat stated the City overreacted to the 1997 flood by developing "complicated and easily misunderstood regulations" such as the regulations relating to the Product 6 Corridor. It was important to balance the risk with the regulation. Because of the amount of public property along the river corridor it was highly unlikely that the entire flood fringe would ever be filled in or that the .5 foot rise would ever be realized. This was reason enough to change the regulation that had "gone overboard." Councilmember Manvel thanked staff for the information and tours they had provided. He had come to understand how quickly the River changes due to human and natural impacts. A balance must be reached. He had concerns about parts of the ordinance but he would support adoption on Second Reading. Mayor Hutchinson stated there needed to be a balance between health and safety and regulation. The current regulations were overkill and it made sense to revise them. The City had "world class quality" flood management. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel and Weitkunat. Nays: Councilmembers Ohlson and Roy. THE MOTION CARRIED. Resolution 2007-022 Assigning a Councilmember as Liaison to the Economic Advisory Commission, Adopted. The following is staff s memorandum on this item. "EXECUTIVE SUMMARY Ordinance No. 020, 2007, adopted on Second Reading this same date, creates a new Economic Advisory Commission. City Council appoints a Council liaison to each board and commission. This Resolution appoints a Council liaison, to be determined by the Council, to the newly created Economic Advisory Commission. " City Manager Atteberry stated this agenda item was initiated by the Mayor and City Council at a recent retreat and that this had been discussed at a work session. Councilmember Weitkunat made a motion, seconded by Councilmember Ohlson, to adopt Resolution 2007-022, inserting the name Doug Hutchinson. Mayor Hutchinson stated he had expressed interest in serving as the Council liaison to this Commission. 230 February 20, 2007 Councilmember Weitkunat stated it was important to have someone connected with the economic entities in the community serve as the Council liaison. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Weitkunat noted that the deadline for applications to serve on the new nine -member Economic Advisory Commission was February 26. Councilmember Manvel asked if the deadline could be flexible to allow as many applications as possible. Councilmember Ohlson supported having the current Council make the appointments. He would like to see as much publicity as possible to recruit applicants. Mayor Hutchinson stated the timeline could be adjusted. Councilmember Manvel asked when the recommendation from the selection committee would be needed. City Clerk Krajicek stated that would be needed by March 20. Mayor Hutchinson requested the City Clerk's Office look into whether extending the application deadline by one week would impact having the selection committee's recommendation by March 20. Mayor Hutchinson stated this would be the first citizen board dealing with the economy. The work of the EVSAG group had provided the core of the City's economic action plan. This Council wanted a diverse Commission membership and proposed that Councilmembers Weitkunat and Ohlson partner with him for the applicant interviews and selection process. Other Business Councilmember Brown stated he would like the Council to review City policy and consider creating an ordinance relating to the use of open space to create an enclave. He proposed consideration of a policy that would provide that open space purchased with public monies and/or maintained with public funds or annexed by a government entity should not be used as boundaries for the creation of an enclave for private properties that would result in a forced annexation. Mayor Hutchinson asked if Councilmember Brown was proposing that Council ask staff to work on such an ordinance. Councilmember Brown stated he would like Council support for having staff work on the matter. 231 February 20, 2007 Mayor Hutchinson stated at least three Councilmembers indicated support for having staff do this work. Adjournment Councilmember Weitkunat made a motion, seconded by Councilmember Roy, to adjourn the meeting to 6:00 p.m. on Tuesday, February 27, 2007 for the purpose of holding an Executive Session. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. The meeting adjourned at 8:40 p.m. 4Ma ATTEST: 114 ) City Clerk 232