HomeMy WebLinkAboutMINUTES-11/16/2004-RegularNovember 16, 2004
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, November 16,
2004, 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: Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and
Weitkunat.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Mayor Martinez stated participants would each have four minutes to speak.
Greg Snyder, 619 Bear Creek Drive, spoke regarding the ongoing negotiations with Comcast Cable
and stated the fee structure was unfair to those who watched little television. He stated he would like
to have cheaper basic cable service and had been told that was not available in Fort Collins. He
stated he was paying for a service that he did not use. He stated he would also like to see the
negotiations address having Comcast provide broadband Internet service without forcing customers
to subscribe to the cable service.
Margorie McTaggart, Senior Advisory Board member, urged the Council to keep the expansion of
the Senior Center on the short list of priorities for the Building on Basics program. She spoke about
the need for more space for mental and physical activities for active the growing population of active
seniors.
Chris Campbell, 3002 West Elizabeth Street, stated Resolution 2003-105 indicated the intent of the
City to conduct the development review process in a "politically neutral manner as to growth." He
stated at the last Study Session Cameron Gloss stated expanding the role of various policy advisory
boards would lengthen the review process and that Tom Vosburg's recommendation was to make
no change in the development review process. He stated it appeared that the City was ignoring the
Resolution adopted in 2003. He stated policy boards and commissions should not be allowed to be
involved in the development review process.
Gwen Sieving, president of the Alliance for Smoke Free Kids and Community, thanked the Council
for its leadership and commitment to the health and well being of the community. She noted that
the City had just celebrated the one-year anniversary of the smoke free bowling alley ordinance. She
presented 100 postcards written to thank the Council. She stated the national Great American
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November 16, 2004
Smoke -out would occur on Thursday. She stated the smoking rates on campus had dropped 6% in
a year.
Jim Downey, 5509 Golden Willow Drive, president of the local chapter of AARP and Senior
Advisory Board member, spoke on behalf of expansion of the Senior Center. He stated parking was
a problem when there were large events and that storage was also a problem. He stated Fort Collins
had been designated by AARP as the number one place for seniors to reinvent their lives.
Dean Miller, Rigden Farm resident, stated senior citizens were resources and a knowledge pool. He
stated one of the most important roles for the Senior Center was to contribute to the continued health
of seniors.
Bud Heron, Senior Advisory Board member and Senior Center Council member, stated 25,519 hours
of service had been volunteered at the Senior Center in 2003. He stated the volunteer group was in
support of the Building on Basics tax and was in opposition to elimination of the food sales tax. He
asked that Council keep the Senior Center expansion on the short list of Building on Basics projects.
Linda Hopkins, Fort Collins property owner, expressed concerns about the consideration by Council
of the extension of authority for certain boards and commissions into the development review
process. She suggested that before being given additional authority that those boards and
commissions be asked to receive citizen input on a regular basis. She stated the Natural Resources
Advisory Board did not have a place on its agenda for citizen input. She stated the Planning and
Zoning Board and Transportation Board did receive citizen input. She asked that appointed boards
be required to have an opportunity for citizen participation at every meeting except for study
sessions.
David May, Fort Collins Chamber of Commerce, stated the Council elections were coming soon.
He stated the Chamber was conducting a candidate school to replace the School for Political
Knowledge program that was no longer being conducted by the Chamber and CSU. He stated the
candidate school would address the decision process and some of the basics of the process.
Citizen Participation Follow-up
Mayor Martinez stated he believed that all boards should have a public input process. He asked if
there was anything legally that would prohibit that. City Attorney Roy replied in the negative and
stated there was nothing that required that boards have such a public input process.
Councilmember Bertschy stated the boards to which he was liaison all had a citizen input section on
their agendas. He asked if an inventory could be done to determine which boards did and did not
have citizen input on their agendas.
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November 16, 2004
Mayor Martinez asked if there was support for a policy statement from the Council to give direction
to the boards.
Councilmember Tharp stated she would like to know how many boards were doing it and that it
seemed like a good idea.
Councilmember Roy stated he would support a policy statement and that it was important for the
workings of the boards and commissions were "transparent" and "accessible to the public."
Councilmember Hamrick stated he would also support this. He stated the board meetings he had
attended had all allowed an opportunity for citizens in attendance to speak. He stated he had thought
it was a requirement.
Mayor Martinez stated there appeared to be direction from the Council and a Resolution would make
it clear.
Councilmember Kastein stated he would like to see citizen input scheduled on the board agendas.
Councilmember Kastein thanked those who spoke under Citizen Participation. He stated the
Comcast contract was still in negotiation and that the basic cable package was part of that negotiation
as a priority. He thanked those who spoke about the Senior Center expansion and noted that this
would have to be weighed against the rest of the priorities.
Councilmember Hamrick stated the basic cable package was a priority for him in the Comcast
negotiations. He noted that there were many federal requirements that hampered negotiations. He
stated he would like to find out more about the requirements for a citizen to subscribe to the cable
package in order to get Internet service. He thanked those who commented about the Senior Center
and noted that Council would have another Study Session on Building on Basics.
Councilmember Tharp stated she shared the concerns about the expansion of the Senior Center and
stated she was particularly concerned about the parking situation and the use of the parking lot as
a park `n ride to catch the bus to CSU.
Mayor Martinez stated under Other Business he would bring up the concept of making a policy
change regarding citizen input at board meetings.
Councilmember Roy stated he appreciated the comments about the no smoking ordinance and
commented that he was proud that it had made a difference in the quality of life and health of the
community.
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Agenda Review
Interim City Manager Atteberry stated item #26 Resolution 2004-126 Making Findings of Fact and
Conclusions Pertaining to the Appeal by the Colorado Department of Transportation of a Decision
of the Planning and Zoning Board was being withdrawn from the Consent Calendar.
Councilmember Roy withdrew item #10 Second Reading of Ordinance No. 166, 2004,
Appropriating Prior Year Use Carryover Reserves for the Manufacturing Equipment Use Tax
Rebate Program from the Consent Calendar.
Councilmember Hamrick withdrew item #20 First Reading of Ordinance No. 183,2004, Amending
Section 23-114 of the City Code Concerning the Leasing of City Property at the Fort Collins -
Loveland Municipal Airport from the Consent Calendar.
Mayor Martinez withdrew item #9 Second Reading of Ordinance No. 165, 2004, Amending Section
7.5-61 of the City Code by Modifying the "Pavement Impact Fee" and Adding a "Utility Coring
Fee" from the Consent Calendar.
CONSENT CALENDAR
Consideration and approval of the regular Council meeting minutes of October 5 and October
19, 2004 and the adjourned meeting minutes of October 26, 2004.
8. Second Reading of Ordinance No. 164, 2004, Being.. the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2005: Amending the Budget for
the Fiscal Year Beginning January 1, 2005, and Ending December 31, 2005: and Fixing the
Mill Levy for Fiscal Year 2005.
On October 19, 2004, City Council reviewed and approved the recommended additions and
changes. With the second reading of the Ordinance, there is an adjustment that was
inadvertently left out of the Ordinance on First Reading. An additional appropriation of
$2,360,820 is required in the Sales and Use Tax Fund, from the Use Tax Carryover Reserve,
for transfer to the General Fund to cover the 2005 one-time expenditures approved by
Council on First Reading. The $2,360,820, which was not reflected on first reading,
increases the total City Appropriations to $465,122,888.
The Net City Budget of $363,200,943, for 2005, which excludes transfers, remains the same
as shown on the First Reading of this ordinance.
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9. Second Reading of Ordinance No. 165, 2004, Amending Section 7.5-61 of the City Code by
Modifying the "Pavement Impact Fee" and Adding a "Utility Coring
Ordinance No. 165, 2004, which was adopted 6-0 (Councilmember Bertschy was absent) on
First Reading on October 19, 2004, amends City Code Section 7.5-61 to adjust the amount
of the Pavement Impact Fee and to establish a new Utility Locate Coring Fee. It is intended
that these changes be made in conjunction with the 2005 budget appropriation ordinance
being presented to Council at this same date.
10. Second Reading of Ordinance No. 166, 2004, Appropriating Prior Year Use Carryover
Reserves for the Manufacturing Equipment Use Tax Rebate Program.
In March 1996, Council approved a temporary rebate program for use taxes paid on
manufacturing equipment. The goal of the program is to maintain the local economic base
by providing modest tax relief to manufacturing concerns in Fort Collins. The program has
provided rebates to manufacturers for use taxes paid during the calendar years 1996 through
2001. The rebate program was discontinued for calendar year 2002 due to challenging
economic conditions. Council reinstated the program in January of 2004 for a two-year
period. Under the rebate program, the payments are made in arrears. This is a rebate of taxes
paid in 2003 and not a tax exemption. Six companies have filed applications this year for
a total of $172,093 in rebates. Based on review of the applications, the amount was reduced
from $265,000 on First Reading. The source of funding for the rebate program is the sales
and use tax fund, specifically the use tax carry-over reserve. A listing of the six companies
has been added to the agenda summary.
Ordinance No. 166, 2004, was adopted 6-0 (Councilmember Bertschy was absent) on First
Reading on October 19, 2004.
11. Second Reading of Ordinance No. 167, 2004, Adopting a Proposed District -Precinct Map.
This Ordinance, which was adopted 6-0 (Councilmember Bertschy was absent) on First
Reading on October 19, 2004, adopts the District -Precinct Map for the 2005 regular
municipal election for the purposes of (1) determining the eligibility for District Council
offices for the April 2005 election; (2) determining eligibility for any interim appointments
to fill any District Council vacancies which may occur after November 26, 2004; and (3)
determining residency for voting in any special municipal election conducted after November
26, 2004.
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November 16, 2004
12. Second Reading of Ordinance No. 168, 2004, Authorizing the Lease of the Natural Area
Located South of Fort Collins Jointly Owned by the City of Fort Collins and the City of
Loveland for Dryland Wheat Farming for up to Five Years.
This natural area was purchased in March of 2000. The City of Loveland, Latimer County,
GOCO Funds and the City of Fort Collins participated in the purchase. An
Intergovernmental Agreement about this property was entered into on March 22, 2000. As
per this Intergovernmental Agreement, the purchasing participants designated that the City
of Loveland has a 75% interest in the Property and the City of Fort Collins has the remaining
25% interest in the Property. Further, the Intergovernmental Agreement specifies that the
City of Loveland is the managing entity for this property.
Since the purchase of this property, the property has been used for dryland farming. Of the
total 785 acres, only 550 acres of land are being used for rotational wheat crops, with 275
acres in crop production annually and the remaining land being fallow. The terms of the
lease will require payment of $10 per acre for the acreage planted. The lease can be
automatically renewed each year on July 31 with a final termination date of July 31, 2008.
The Natural Resources Advisory Board considered and recommended that the Council
authorize the proposed lease of this property at its meeting on October 6, 2004. This
Ordinance was adopted 6-0 (Councilmember Bertschy was absent) on First Reading on
October 19, 2004.
13. Items Pertaining to the College and Trilby Annexation.
A. Second Reading of Ordinance No. 169, 2004, Annexing 5.76 Acres, Known as the
College and Trilby Annexation.
B. Second Reading of Ordinance No. 170, 2004, Zoning 5.76 Acres, Known as the
College and Trilby Annexation, into the NC - Neighborhood Commercial Zoning
District.
This is a request to annex and zone 5.76 acres located at the northwest corner of State
Highway 287 (South College Avenue) and Trilby Road. The property is partially developed,
containing one vacant building and parking. There is an undeveloped building pad site on the
property. It is in the C - Commercial Zoning District in Latimer County. The request zoning
for this annexation is NC - Neighborhood Commercial. The surrounding properties are
currently zoned C - Commercial in Latimer County to the south and east and NC -
Neighborhood Commercial in the City to the west and north. This is a 100% voluntary
annexation.
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Ordinance Nos. 169 and 170, 2004 were adopted 6-0 (Councilmember Bertschy was absent)
on First Reading on October 19, 2004.
14. Items Relating to Utility Rates and Charges for 2005.
A. Second Reading of Ordinance No. 172, 2004, Amending Chapter 26, Article IV,
Division 4 of the City Code Relating to Wastewater Rates and Charges.
B. Second Reading of Ordinance No. 173, 2004, Amending Chapter 26, Article VI,
Division 4 of the City Code Relating to Electric Rates and Charges.
C. Second Reading of Ordinance No. 175, 2004, Amending Chapter 26, Article III,
Division 5, of the City Code Relating to the Raw Water Requirement for
Nonresidential Service.
D. Second Reading of Ordinance No. 176, 2004, Amending Chapter 26, Article XII
of the City Code Relating to Budget Billing.
This item consists of four Ordinances establishing the Utilities rates for 2005. These four
ordinances were adopted 6-0 (Councilmember Bertschy was absent) on First Reading on
October 19, 2004. Overall, rates for utility services are proposed to increase as follows:
Average Cost Per Average
% Increase Household/Month
Wastewater 5.00% $ .85
Electric 4.35% $1.85
First Reading of Ordinance No. 174, 2004, relating to Stormwater Fees, was postponed to
November 16, 2004.
15. Items Relating to the 2005 Downtown Development Authority Budd
A. Second Reading of Ordinance No. 177, 2004, Appropriating Operating Funds and
Approving the Budget of the Downtown Development Authority for the Fiscal
Year Beginning January 1, 2005, and Fixing the Mill Levy for the Downtown
Development Authority for 2005.
The Downtown Development Authority (the "DDA") adopted the proposed DDA budget for
2005, totaling $6,939,362, and determined the mill levy necessary to provide for payment of
administrative costs incurred by the District at its regular meeting on October 7, 2004.
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B. Second Reading of Ordinance No. 178, 2004, Appropriating Revenue in the
Downtown Development Authority Debt Service Fund for Payment of Debt
Service for the Year 2005.
This Ordinance appropriates funds for 2005 from the tax increment received by the City for
the DDA for debt service payments. Debt service and annual lease payments include:
2004 Subordinate Bond $ 247,430
Prior year refunding Bonds 2,077,275
Share of Parking Structure 282,674
2005 DDA projects 1,000,000
Ordinance Nos. 177 and 178, 2004 were adopted unanimously on First Reading on October
26, 2004.
16. First Reading of Ordinance No. 179, 2004, Appropriating Unanticipated Grant Revenue in
the Recreation Fund to be Used for General Operating Support of the Adaptive Recreation
Opportunities Program Recreation Works Project.
On September 13, 2004, the Recreation Division received written notice that it had been
awarded a $43,030 grant from the Department of Education, via a sub -award from Colorado
State University. This Recreation Works 11 grant will enable the Adaptive Recreation
Opportunities program ('Recreation Program") to continue work begun in the Recreation
Works Grant. The Recreation Program will utilize the grant funds to continue providing
inclusion support and recreation opportunities to people with disabilities.
17. First Reading of Ordinance No. 180, 2004, Appropriating Unanticipated Revenue in the
General Fund for Police Services and Authorizing the Transfer of Matching Funds
Previously Appropriated in the Police Services Operating Budget to the Local Law
Enforcement Block Grant Program.
Fort Collins Police Services ("FCPS") has been awarded a grant from the U.S. Department
of Justice LLEBG program in the amount of $13,817. The funds are to buy equipment
related to basic law enforcement functions. A local cash match of $1,535 is required and will
be met by the existing Police Services budget. The grant funds will be used to purchase
trunk vaults for securing SWAT rifles and other SWAT equipment in vehicles.
The grant requires input from an Advisory Board who will make a non -binding
recommendation to the U.S. Department of Justice on the agency's use of the funds. The
Advisory Board, consisting of representatives from local law enforcement (FCPS Chief
Harrison), prosecution (District Attorney Stuart VanMeveren), court system (Judge Kathleen
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Lane), public school (Ellyn Dickmann), and a non-profit agency active in crime prevention
or treatment (Scoot Crandall — TEAM Fort Collins and Pam McCracken — CSU Center for
Drug and Alcohol Education), reviewed the project and supported the proposed use of the
grant funds.
18. First Reading of Ordinance No. 181, 2004, Authorizing the Purchasing Agent to Enter into
an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment.
The cost of the items to be lease -purchased is $406,132. No payments are due in 2004.
Payments at the 4.43% interest rate will not exceed $91,002 in 2005. Money for the first
year lease -purchase payments is included in the 2005 budget. The effect of the debt position
for the purpose of financial rating of the City will be to raise the total City debt by .09%. A
competitive process was used to select Koch Financial Corporation for this lease. Staff
believes acceptance of this lease rate is in the City's best interest.
19. First Reading of Ordinance No. 182, 2004, Authorizing the Conduct of a Mail Ballot
Election for the April 5, 2005 Regular Municipal Election.
This Ordinance authorizes the April 5, 2005 regular municipal election to be conducted by
mail ballot, adopts the Mail Ballot Election Act of the Uniform Election Code governing
mail ballot elections, authorizes the City Clerk to submit a mail ballot plan to the Secretary
of State, and establishes the polling place for in -person voting for the April election.
20. First Reading of Ordinance No. 183, 2004, Amending Section 23-114 of the City Code
Concerning the Leasingof f City Property at the Fort Collins -Loveland Municipal AiMort.
The Cities of Loveland and Fort Collins have been reviewing for approval ground leases for
the construction of private hangars at the airport; these leases have been generic from one to
the other and have been approved through the consent agenda. By giving the City Managers
the ability to approve the leases it will expedite the approval process, reduce Councils work
load and expedite the initial collections of lease payments. If approved, the city managers
will be authorized to approve and execute lease agreements in real property owned in the
name of the city and located at the Fort Collins -Loveland Municipal Airport, provided that:
The use to which the real property is to be put under the lease is an aeronautical
or general aviation use or a use which directly augments an aeronautical or
general aviation use; and
The use to which the real property is to be put is permitted by any land use or
zoning codes or regulations applicable to the real property; and
November 16, 2004
The lease and the use to which the real property is to be put is in compliance
with all Federal Aviation Administration and state laws, regulations, and
agreements applicable to the property to be leased; and
The lease provides that the city shall receive a rental amount which is
determined by the city manager to approximate the fair market value for the
lease of the real property; and
The real property to be leased is not a part of the city's water or electric utility
systems.
21. First Reading of Ordinance No. 184, 2004, Authorizing Addendum #1 to the Long Term
Lease of Property at the Fort Collins -Loveland Municipal Airport with Bill Sheel.
Bill Sheel has constructed a private hangar on the airport under a long-term lease agreement.
Mr. Sheel wishes to construct an automobile access to his hangar off of Lear Drive. The
land needed for this access will be added to his lease and lease payments will be increased
by an additional $115.80 per year.
The cities have the option of canceling the amendment if the land is needed for any purpose
in the future. The cities are not obligated for any costs if the amendment is cancelled prior
to the expiration of the term of the base lease.
22. First Reading of Ordinance No. 185, 2004, Authorizing the Conveyance of Non -Exclusive
Easement Interests for the Construction of a Twenty -Two Foot Wide Drainage Channel for
the Redeemer Lutheran Church of Fort Collins on a Portion of the Fossil Creek Reservoir
Regional Open Space.
Pursuant to the City of Fort Collins Natural Area and Open Lands Easement Policy adopted
by Resolution 2001-094, Redeemer Lutheran Church, located about 600 feet west of the
southwest comer of Timberline and Carpenter Roads, is requesting an easement for a
drainage channel across the Fossil Creek Reservoir Regional Open Space jointly owned by
City of Fort Collins and Larimer County.
The 25-foot wide permanent easement will accommodate a 22-foot wide drainage channel
that will be approximately 3-4 feet deep. The easement and channel will be located generally
along the Union Pacific Railroad right-of-way for a distance of approximately 785 feet, with
a total area of 19,248 square feet (0.44 acre). A 45-foot wide temporary construction
easement necessary for the construction of the drainage channel will encompass the
permanent drainage easement during the time of construction and reclamation, estimated to
be no more than one year, and will be a total of 34,006 square feet (0.78 acre) in size.
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23. First Reading of Ordinance No. 186, 2004, Authorizing the Granting of a Non -Exclusive
Utility Easement to the City of Loveland on Jointly Owned Property at the Fort Collins -
Loveland Municipal Airport.
The proposed easement runs the east 40 feet of the SE 1/4 of Section 28, Township 6 North,
Range 68 West, a portion of the Airport property. The City of Loveland's Power Operations
Division is seeking to provide new service, and improve existing service in the airpark area.
The proposed easement is 40 feet in width and runs the length of the property, or 2647.71
feet. The City of Loveland's Power Operations Division will restore the ground's surface
to its prior condition.
Staff has determined that this easement carries a benefit which exceeds its cost. This
easement will benefit the Fort Collins -Loveland Municipal Airport by bringing power to
areas not currently served and thus facilitating future Airport expansion.
24. First Reading of Ordinance No. 187, 2004, Amending Ordinance No. 050. 2004, Authorizin
the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the
Construction of Public Improvements in Connection with the Stormwater Utility Drainage
Outfall for the North Tributary System and the Street Oversizing Ziegler Road Realignment
Project.
With Ordinance No. 050, 2004, Council granted authorization to allow the City to begin
condemnation proceedings if the continuing negotiations are not successful. The City has
continued good faith negotiations with the property owners to acquire the property. As a
result of these negotiations, there have been several minor changes to the construction details
of the improvements.
These minor changes affect the amount of property required for the storm water drainage
easement, reduce the area of a planned vehicle turn around on the maintenance road, and
reduce the slope easement required for the Ziegler Road embankment. In addition, the
property owners have requested that the City act as intermediaries for other drainage and
utility easements required by the Rigden Farm development for its Sixth Filing.
To accommodate these changes and at the property owner's request, staff has prepared
revised legal descriptions for the eminent domain process. This Ordinance amends
Ordinance No. 050, 2004 by revising the legal descriptions of the easements.
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25. Resolution 2004-137 Expanding the Duties and Functions of the Council Compensation and
Benefits Committee.
After reviewing the final Gallagher report with Council and during meetings with City staff,
the Committee identified several additional issues and options that it believes should be
presented to, and addressed by, the City Council. The Committee has recommended that the
Council extend the life of the Committee's existence and expand the scope of its duties and
functions in order to work with City staff to address the identified additional issues and
options for future Council review.
26. Resolution 2004-126 Makin Findings indings of Fact and Conclusions Pertaining to the Appeal by
the Colorado Department of Transportation of a Decision of the Planning and Zoning Board
Regarding the Poudre River Rest Area Site Plan Advisory Review.
On September 9, 2004, an appeal of the August 26, 2004 decision of the Planning and
Zoning Board to disapprove the CDOT Poudre River Rest Area Site Plan Advisory Review
was filed by Appellant Karla Harding, CDOT Region 4 Transportation Director.
On October 19, 2004, City Council voted unanimously to overturn the decision of the
Planning and Zoning Board. In order to complete the record regarding this appeal, the
Council should adopt a Resolution making findings of fact and finalizing its decision on the
appeal.
At the October 19, 2004 hearing on this matter, Council considered the testimony of City
staff and the Appellants. In subsequent discussion at this hearing, Council determined that
the Planning and Zoning Board improperly interpreted and applied relevant laws, that traffic
data was properly counted and projected, there was a correct calculation of traffic impact,
and that stormwater impacts were correctly calculated and found to comply with the City's
applicable standards.
City Council voted unanimously to overturn the decision of the Planning and Zoning Board.
27. Resolution 2004-127 Statin the e City's Intent to Not Act as a Reviewing Entity in 2005 for
the Colorado Historic Preservation Income Tax Credit forOualifying Historic Rehabilitation
Projects.
As a Certified Local Government, Fort Collins has the opportunity each year to choose to be
a reviewing entity for the Colorado Historic Preservation Income Tax Credit during the next
calendar year. The City Council must adopt a resolution stating whether or not it intends to
take on this responsibility in the next year.
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Fort Collins became a Certified Local Government in 1991 when the Colorado Income Tax
Credit was instituted, but did not take on the reviewing entity function for this program until
1995. For three years, the Landmark Preservation Commission was the reviewing entity and
performed design review on qualifying historic rehabilitation projects for the Colorado
Income Tax Credit. The Commission has declined the review from 1998 through 2004.
28. Resolution 2004-128 Authorizing a Revocable Permit for a Period of One Year on Property
Owned by the City for Use as a Staging Area During Construction Activities.
Mason Street North, LLC has requested a revocable permit for the temporary use of 10,000
square feet within Lee Martinez Park as a construction staging area during construction
activities on Lot A and Lot 12, Martinez P.U.D., an approved commercial development. City
staff has concluded that the construction staging area will not result in adverse impact to the
City owned property. Mason Street North, LLC will be responsible for returning the staging
area as near to its current condition as possible upon the completion of construction
activities.
29. Resolution 2004-129 Accepting the Advisory Opinion and Recommendation No. 2004-2 of
the Ethics Review Board.
Section 2-569(e) of the City Code provides that all opinions and recommendations of the
City Council Ethics Review Board be submitted to the full Council for review and approval.
The Ethics Review Board met on September 7, 2004, to render an opinion as to whether
Councilmembers who own rental properties may have a conflict of interest in participating
in the City Council's deliberations and/or City decisions regarding the regulation of such
properties.
Pursuant to the requirements of the Code, this opinion is being presented to the Council for
its review and possible approval.
30. Resolution 2004-130 Reappointing Utilities General Manager Michael B. Smith to the Platte
River Power Authority Board of Directors.
The Platte River Power Authority Board of Directors is comprised of two representatives
from each of the four member cities. The Mayor (or Mayor's designate) fills one slot and
the second representative is appointed by the Council. On April 21, 1998, the Council
adopted Resolution 98-70 appointing Utility Services General Manager Michael B. Smith
as the City's appointed representative, for a term to expire on December 31, 2000. Council
then reappointed Mr. Smith to a second term on December 18, 2001 through the adoption
of Resolution 2001-168. Mr. Smith's current term on the Platte River Board of Director's
expires December 31, 2004.
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31. Resolution 2004-136 Reestablishing the Council Finance Committee.
This Resolution will reestablish the Council Finance Committee to consider financial policy
issues facing the City and to make recommendations regarding those issues to the City
Council.
32. Routine Easements.
A. Easement for Construction and Maintenance of Public Utilities from Carrabba's Italian
Grill, Inc., to Allow Property to the East to Share the Existing Electric Transformer,
Located at 1212 Oakridge. Monetary Consideration: $10.
B. Deed of Easement for Utilities, for a Permanent Utility Easement, Located at 801 East
Prospect Road. Monetary Consideration: $10.
C. Deed of Easement Dedication from the First Baptist Church of Fort Collins, for
Sidewalk and Pedestrian Use, Located at 900 East Prospect. Monetary Consideration:
$0.
D. Deed of Easement from Agusta McCrummen Irrevocable Trust, for Sidewalks and
Pedestrian Use, Located at 713 East Prospect. Monetary Consideration: $0.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
8. Second Reading of Ordinance No. 164, 2004, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2005; Amending the Budget for
the Fiscal Year BeginningJanuary 1, 2005, and Ending December 31, 2005; and Fixing the
Mill Levy for Fiscal Year 2005.
9. Second Reading of Ordinance No. 165, 2004, Amending Section 7.5-61 of the City Code by
Modify the 'Pavement Impact Fee" and Adding a "Utility Locate Coring Fee".
10. Second Reading of Ordinance No. 166, 2004, Appropriating Prior Year Use Tax Carryover
Reserves for the Manufacturing Equipment Use Tax Rebate Program.
11. Second Reading of Ordinance No. 167, 2004, Adopting a Proposed District -Precinct MaQ
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November 16, 2004
12. Second Reading of Ordinance No. 168, 2004, Authorizing the Lease of the Natural Area
Located South of Fort Collins Jointly Owned by the City of Fort Collins and the City of
Loveland for Dryland Wheat Farmingfor or up to Five Years.
13. Items Pertaining to the College and Trilbv Annexation.
A. Second Reading of Ordinance No. 169, 2004, Annexing 5.76 Acres, Known as the
College and Trilby Annexation.
B. Second Reading of Ordinance No. 170, 2004, Zoning 5.76 Acres, Known as the
College and Trilby Annexation, into the NC - Neighborhood Commercial Zoning
District.
14. Items Relating to Utility Rates and Charges for 2005.
A. Second Reading of Ordinance No. 172, 2004, Amending Chapter 26, Article IV,
Division 4 of the City Code Relating to Wastewater Rates and Charges.
B. Second Reading of Ordinance No. 173, 2004, Amending Chapter 26, Article VI,
Division 4 of the City Code Relating to Electric Rates and Charges.
C. Second Reading of Ordinance No. 175, 2004, Amending Chapter 26, Article lII,
Division 5, of the City Code Relating to the Raw Water Requirement for
Nonresidential Service.
D. Second Reading of Ordinance No. 176, 2004, Amending Chapter 26, Article X11
of the City Code Relating to Budget Billing.
15. Items Relating to the 2005 Downtown Development Authority Budd
A. Second Reading of Ordinance No. 177, 2004, Appropriating Operating Funds and
Approving the Budget of the Downtown Development Authority for the Fiscal
Year Beginning January 1, 2005, and Fixing the Mill Levy for the Downtown
Development Authority for 2005.
B. Second Reading of Ordinance No. 178, 2004, Appropriating Revenue in the
Downtown Development Authority Debt Service Fund for Payment of Debt
Service for the Year 2005.
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November 16, 2004
40. Second Reading of Ordinance No. 171, 2004, Amending the Zoning May of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the 221
West Prospect Road Rezoning.
Ordinances on First Reading were read by title by City Clerk Krajicek.
16. First Reading of Ordinance No. 179, 2004, Appropriating Unanticipated Grant Revenue in
the Recreation Fund to be Used for General Operating Support of the Adaptive Recreation
Opportunities Program Recreation Works Project.
17. First Reading of Ordinance No. 180, 2004, Appropriating Unanticipated Revenue in the
General Fund for Police Services and Authorizing the Transfer of Matching Funds
Previously Appropriated in the Police Services Operating Budget to the Local Law
Enforcement Block Grant Program.
18. First Reading of Ordinance No. 181, 2004, Authorizing the Purchasing Agent to Enter into
an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment.
19. First Reading of Ordinance No. 182, 2004, Authorizing the Conduct of a Mail Ballot
Election for the April 5, 2005 Regular Municipal Election.
20. First Reading of Ordinance No. 183, 2004, Amending Section 23-114 of the City Code
Concerning the Leasingof f City Property at the Fort Collins -Loveland Municipal Airport.
21. First Reading of Ordinance No. 184, 2004, Authorizing Addendum #1 to the Long Term
Lease of Property at the Fort Collins -Loveland Municipal Airport with Bill Sheel.
22. First Reading of Ordinance No. 185, 2004, Authorizing the Conveyance of Non -Exclusive
Easement Interests for the Construction of a Twentv-Two Foot Wide Drainage Channel for
the Redeemer Lutheran Church of Fort Collins on a Portion of the Fossil Creek Reservoir
Regional Open Space.
23. First Reading of Ordinance No. 186, 2004, Authorizing the Granting of a Non -Exclusive
Utility Easement to the City of Loveland on Jointly Owned Property at the Fort Collins -
Loveland Municipal Airport.
24. First Reading of Ordinance No. 187,2004, Amending Ordinance No. 050, 2004. Authorizin
the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the
Construction of Public Improvements in Connection with the Stormwater Utility Drainage
Outfall for the North Tributary System and the Street Oversizing Ziegler Road Realignment
Project.
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November 16, 2004
36. Items Related to the Competitive Process for Allocating City Financial Resources to
Affordable Housing Projects/Programs and Community Development Activities: the Fiscal
Year 2004-2005 Home Investment Partnerships (HOME) Program, the Fiscal Year 2004-
2005 Community Development Block Grant (CDBG) Program, and the City's Affordable
Housing Fund.
D. First Reading of Ordinance No. 188, 2004, Appropriating Unanticipated Revenue in
the Home Investment Partnerships Grant Fund.
E. First Reading of Ordinance No. 189, 2004, Appropriating Unanticipated Revenue in
the Community Development Block Grant Fund.
38. First Reading of Ordinance No. 174, 2004, Amending Chapter 26, Article VII, Division 2 of
the Code of the City Relating to Stormwater Fees (Options A and B).
Councilmember Bertschy made a motion, seconded by Councilmember Roy, to adopt and approve
all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Mayor Martinez read the titles of the agenda items that had been withdrawn from the Consent
Calendar for discussion.
Consent Calendar Follow-up
Mayor Martinez spoke regarding item #14Items Relating to Utility Rates and Charges for 2005 and
stated he had a growing concern about the constant increase in fees. He noted that was also the
reason that he had withdrawn item #9 Second Reading of Ordinance No. 165, 2004, Amending
Section 7.5-61 of the City Code by Modifying the "Pavement Impact Fee" and Adding a "Utility
Locate Coring Fee" from the Consent Calendar for separate discussion.
Councilmember Hamrick spoke regarding item #24 First Reading of Ordinance No. 187, 2004,
Amending Ordinance No. 050, 2004, Authorizing the Acquisition by Eminent Domain Proceedings
of Certain Lands Necessary for the Construction of Public Improvements in Connection with the
Stormwater Utility Drainage Outfall for the North Tributary System and the Street Oversizing
Ziegler Road Realignment Project. He asked about the subject of the negotiations that had taken
place and the percentage of the overall condemnation that strictly pertained to the Rigden Farm
development. Interim City Manager Atteberry stated he would obtain that information prior to
Second Reading.
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November 16, 2004
Councilmember Bertschy spoke regarding item #31 Resolution 2004-136Reestablishing the Council
Finance Committee and noted that Council decided to recreate the committee because of the serious
financial situation for the City.
Councilmember Kastein spoke regarding item #24 First Reading of Ordinance No. 187, 2004,
Amending Ordinance No. 050, 2004, Authorizing the Acquisition by Eminent Domain Proceedings
of Certain Lands Necessaryfor the Construction of Public Improvements in Connection with the
Stormwater Utility Drainage Outfall for the North Tributary System and the Street Oversizing
Ziegler Road Realignment Project. He requested a one -page memo regarding any City policy on
how and when eminent domain was suggested by the staff.
Staff Reports
Interim City Manager Atteberry reported that Ayers and Associates and the City of Fort Collins won
a recent engineering excellence award for structural systems from the American Council of
Engineering Companies for a project for 800 feet of uplifted trail spanning the Poudre River. He
also reported that a recent edition of Landscape Architect (a national magazine) featured the Fossil
Creek Park as a "destination playground."
Councilmember Reports
Councilmember Tharp reported on her participation in the Police Academy. She also reported on
the Library Volunteer Recognition Event.
Councilmember Roy reported that there would be a forum on the Mason Street Transportation
Corridor on November 20.
Councilmember Kastein reported on the North Front Range Transportation and Air Quality Planning
Council meeting on November 4. He stated there was a briefing on the availability of $2 million
from the State toward the I-25 corridor environmental impact statement.
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November 16, 2004
Items Related to the Competitive Process for Allocating City Financial
Resources to Affordable Housing Projects/Programs and Community
Development Activities: the Fiscal Year 2004-2005 Home Investment Partnerships
(HOME) Program, the Fiscal Year 2004-2005 Community Development Block Grant
(CDBG) Program, and the City's Affordable Housing Fund, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Public Hearing and Resolution 2004-131 Approving the FY 2004-2005 Home Investment
Partnerships Program for the City of Fort Collins.
B. Public Hearing and Resolution 2004-132 Adopting Additional Programs/Projects for the FY
2004-2005 Community Development Block Grant Program for the City of Fort Collins.
C. Public Hearing and Resolution 2004-133 Allocating Funding from the City's Affordable
Housing Fund.
D. First Reading of Ordinance No. 188, 2004, Appropriating Unanticipated Revenue in the Home
Investment Partnerships Grant Fund.
E. First Reading of Ordinance No. 189, 2004, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund.
The Home Investment Partnerships (HOME) Program and the Community Development Block Grant
(CDBG) Program provide funds from the Department of Housing and Urban Development to the
City of Fort Collins that can be allocated to community development and affordable housing related
programs and projects, thereby reducing the demand on the City's General Fund Budget to address
such issues. The City Council is being asked to consider the adoption of three resolutions and two
ordinances. The first resolution (Resolution 2004-131) establishes which programs and projects
will receive funding with HOME funds for the FY 2004-2005 Program year, which started on
October 1, 2004. The second resolution (Resolution 2004-132) establishes which additional
programs and projects will receive funding with CDBG funds for the FY 2004-2005 Program year,
which also started on October 1, 2003. The third resolution (Resolution 2004-133) establishes
which programs and projects will receive funding from the City's Affordable Housing Fund. The
two ordinances (Ordinance No. 188,2004, and Ordinance No. 189,2004) appropriate unanticipated
program income revenue for the HOME and CDBG programs respectively.
FM
Summary of the
Community Development Block Grant Commission's
Recommendations for Funding
Request Recommendation
$500,000
$500,000
$450,000
$450,000
$426,000
$342,018
$136,455
$136,445
$250,000
$100,000
$ 56,000
$ 56,000
$ 87,500
$ 70,500
$225,000
$ 52,193
$105,000
$ 52,000
$ 67,029
$ - 0
November 16, 2004
Applicant - Project
City of Fort Collins - Home Buyer Assistance
City of Fort Collins - Land Bank Program
Fort Collins Housing Corp - Sleepy Willow
Fort Collins Housing Corp - 300 First Street SRO
CARE Housing, Inc.
CASA Inc. - Harmony House Visitation Center
United Way - Housing Services Day Center
Crossroads Safehouse - Rehabilitation
Crossroads Safehouse - Community Outreach Center
Wingshadow Inc., - Facility Improvements
Presented below is a listing of the recommendations by funding source.
CDBG Program ($426,813 available)
Recommendation Applicant - Project
$196,120 Fort Collins Housing Corp - Sleepy Willow
$ 56,000 CASA Inc. - Harmony House Visitation Center
$ 70,500 United Way - Housing Services Day Center
$ 52,193 Crossroads Safehouse - Rehabilitation
$ 52,000 Crossroads Safehouse - Community Outreach Center
$426,813 Total (100% of available funds)
HOME Program ($796,118 available)
Recommendation Applicant - Project
$500,000 City of Fort Collins - Home Buyer Assistance
$136,445 Fort Collins Housing Corp - 300 First Street SRO
$636,445 Total (80% of available funds)
HOME Program ($108,450 for CHDOs)
Recommendation Applicant - Project
$ 0 There were no eligible applications for funding within this funding source.
$ 0 Total (0% of available CHDO funds)
Affordable Housing Fund ($695,898 available)
Recommendation Applicant - Project
$450,000 City of Fort Collins - Land Bank Program
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$145,898 Fort Collins Housing Corp — Sleepy Willow
$100,000 CARE Housing, Inc.
$695,898 Total (100% of available funds)
BACKGROUND
The resolutions establishing which programs and projects will receive HOME, CDBG, and City
Affordable Housing Fund dollars represents the culmination of the fall cycle of the competitive
process approved in January 2000 by the Council for the allocation of the City's financial resources
to affordable housing programs/projects and community development activities. Additional
background material about the competitive process is included in Attachment A.
Since early January of this year, the CDBG Commission and members of the City staff s Affordable
Housing Team have conducted public hearings to assess community development and housing needs
in Fort Collins, conducted technical assistance training workshops for applicants, and solicited
applications for funding. The CDBG Commission reviewed written applications, personally
interviewed each applicant, analyzed the applications, and formulated a list of recommendations
to the City Council as to which programs and projects should receive funding.
The competitive process established refined criteria to determine priorities between proposals
received by the City. The ranking criteria are divided into five major categories. Each category is
given a total number of points that has been weighed according to their importance with respect to
local and federal priorities. The five major categories are:
1. Impact/Benefit
2. Need/Priority
3. Feasibility
4. Leveraging Resources
5. Capacity and History
The Impact/Benefit criteria provide greater rewards to proposals that target lower income groups.
The Need/Priority criteria help assure the proposal meets adopted City goals and priorities. The
Feasibility criteria reward projects for timelines and documented additional funding. The
Leveraging Resources criteria reward proposals which will returnfunds to the City (via loans) and
for their ability to leverage other resources. And, the Capacity and History criteria help gage an
applicant's ability to do the project and reward applicants that have completed successful projects
in the past (have good track records). The ranking sheet used to assist the CDBG Commission is
presented in Attachment A.
The Commission also considered the funding guidelines contained in the Priority Affordable
Housing Needs and Strategies report adopted by the Council on July 20, 2004. These guidelines
include:
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• HOME funds should generally be allocated as follows: 90% for Housing projects
and 10% for Program Administration. HUD HOME Program regulations also
require the City to set aside 15%for Community Housing Development Organization
(CHDO) projects and allow an allocation of 5% for CHDO operations;
• CDBG funds should generally be allocated as follows: 65% for Housing projects;
15% for Public Services, and the balance for Public facilities and Program
Administration;
• funds allocated to housing should generally be divided as follows: 70% for rental
projects and 30% for homeownership opportunities; and
• the average subsidy should be $7,400 per unit, with relatively more funding to
projects producing housing for lower income families.
The CDBG and HOME Programs are ongoing grant administration programs funded by the
Department of Housing and Urban Development (HUD). The City of Fort Collins has received
CDBG Program funds since 1975 and HOME Program funds since 1994. The City is an
Entitlement recipient of CDBG funds and a Participating Jurisdiction recipient of HOME funds,
meaning the City is guaranteed a certain level of funding each year. The level of funding is
dependent on the total amount of funds allocated to the programs by Congress and on a formula
developed by HUD, which includes data on total population, minorities as a percentage of
population, income levels, housing stock conditions, etc. Additional background information on the
City's HOME and CDBG Programs are presented in Attachments C and D respectively.
AVAILABLE FUNDS
The amount of the City's FY 2004 HOME Grant available for projects is $542,256. The Cityis also
receiving a supplemental $53,862 from a HOME American Dream Grant. Added to the HOME
Grants will be $200,000 of estimated HOME Program Income to make a combined amount of
$904,568 available for projects. The HOME funds will be combined with $695,898 from the City's
Affordable Housing Fund and $379,120 of unallocated CDBG funds plus $47,693 of estimated
CDBG Program Income to create a potential pool of $2,027,279 of funds available for programs
from the fall cycle of the competitive process.
CDBG funds are typically allocated in the spring and are, thus, not available for use in the fall cycle
of the competitive process. However, the City did not allocate all of its CDBG funds in the spring
cycle of 2004 carrying over an amount of $426, 813 for allocation in the fall cycle.
The following summarizes the amount and sources of available funds:
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AMOUNT SOURCE
--------------------------------------------------------------
--------------------------------------------------------------
$ 850,706 FY 2004 HOME Grant and Estimated Program Income
53,862 HOME — American dream Grant
695,898 City's Affordable Housing Fund
426,813 Unallocated CDBG Funds and Estimated Program Income
---------------------------------------------------------------------
$2,027,279 Total
SELECTION PROCESS
On January 8, 2004, the CDBG Commission held a public hearing to obtain citizen input on
community development and affordable housing needs. The HOME/CDBG Program office placed
legal advertisements in local and regional newspapers starting in July to solicit requests for HOME
and CDBG funded programs and projects and for proposals for the use of funding from the City's
Affordable Housing Fund. The application deadline was Thursday August 19. At the close of the
deadline the City received ten (10) applications requesting a total of approximately $2.9 million.
The Fort Collins Housing Cooperation later amended their $1,000,000 Sleepy Willow Rehabilitation
application down to a request of $426,000.
Copies of all applications were forwarded through the City Manager's office to the City Council on
September 1, 2004 and placed in the Council Off ce for review. Also on September 2, 2004 copies
of the applications were distributed to the CDBG Commission and the Affordable Housing Board.
On Thursday September 16, 2004, the Affordable Housing Board conducted a special meeting to
review the affordable housing proposals and formulate a list of priority projects which was
forwarded to the CDBG Commission (see Attachment B). On Thursday September 23, 2004, the
CDBG Commission met to hear presentations and ask clarification questions from each applicant.
The Commission then met on Thursday September 30 for the purpose of preparing a
recommendation to the City Council as to which programs and projects should be fended within
funds available from the fall cycle of the competitive process. At this meeting the Commission
reviewed the written applications, the applicant's verbal presentation, the information provided
during the question and answer session, and reviewed the performance of agencies who received
HOME funds, CDBG funds, or other fending in previous years. The Commission then worked on
the formulation of their list of recommendations.
CDBG COMMISSION'S LIST OF RECOMMENDATIONS
HUD HOME regulations limit the amount of available fends that can be allocated to various
categories. FundsforAdministrative purposes are limited to 10% of the HOME Grant which means
90% of the Grant must be used for housing projects. Within the 90% required for projects, the City
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November 16, 2004
is required to set aside 15% for Community Housing Development Organization (CHDO) projects
and allow an allocation of 5% for CHDO operations (if any applications are received). Similarly,
HUD CDBG regulations limit the amount of available funds that can be allocated to various
categories. Funds forAdministrative purposes are limited to 20% of the CDBG Grant and estimated
Program Income and funds for Public Services are limited to 15%. The City allocated all eligible
funds for public services during the spring cycle of the competitive process and designated
approximately 13% for administrative purposes.
The Commission, thus, not only had to decide which applicants presented programs and projects
which best fit into the City's HOME and CDBG Programs, but also had to insure funding allocations
were kept within HUD regulations and follow the funding guidelines contained in the Priority
Affordable Housing Needs and Strategies report.
Listed below is a summary of each applicant's initial request for funding and the Commission's list
of recommendations.
L HOUSING PROJECTS
CITY OF FORT COLLINS — HOME BUYER ASSISTANCE
Amount of Request $500,000 Due on sale loanl5% simple interest fee
Recommendation: $500,000 Due on sale loan/5% simple interest fee
This program is administered by the Advance Planning Department and provides zero -percent
interest loans, to eligible first-time homebuyers. A 5% fee is added to the loan balance at the time
of repayment. The assistance covers down payment and closing costs to a maximum of $9,576 far
households at 51 % to 80% of Area Median Income (AMI) and $19,200 for buyers at or below 50%
ofAMI. Approximately 52 households will be assisted with this funding. CDBG funding of $500,000
has already been allocated and must be matched with other funds. The combined funding of CDBG
and HOME will serve more than 100 families.
2. CITY OF FORT COLLINS —LAND BANK PROGRAM
Amount of Request: $450,000 Due on Sale Loan15% simple interest fee
Recommendation: $450,000 Due on Sale Loan/5% simple interest fee
This application is requesting funds to purchase a 10-acre site located at south of Kechter and west
of Ziegler Road. The City implemented the Land Bank Program to preserve scarce land resources
for affordable housing projects. Currently, the City has purchased 30 acres (three properties), which
will yield approximately 300-320 future affordable housing units.
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November 16, 2004
3. FORT COLLINS HOUSING AUTHORITY — SLEEPY WILLOW MARKETABILITY/
RETENTION UPGRADE
Amount of Request: $426,000 Due on sale loan/5% simple interest fee
Recommendation: $342,018 Due on sale loan/5% simple interest fee
The Fort Collins Housing Corporation is requesting funds to increase the curb appeal of Sleepy
Willow with interior and exterior rehabilitation. The project proposes the replacement of windows,
cabinets, doors, floor coverings, locks, electrical items, boilerupgrades, plumbing, exteriorfinishes
and several other items to improve the marketability of the building. The project is located at Taft
Hill Road and West Plum Street. The project is conveniently located near shopping, schools and
public transportation.
4. FORT COLLINS HOUSING CORPORATION — 300 FIRST STREET SRO
REHABILITATION
Amount of Request: $136,455 Due on sale loan/5% simple interest fee
Recommendation: $136,455 Due on sale loan/5% simple interest fee
The Fort Collins Housing Corporation (FCHC) proposes to reconstruct the foundation, replace
the roof, heating system, windows, landscaping, resurface the parking area, and perform several
other Housing Quality Standards items for the building. The facility is home to 12 individuals.
This project is part of the "Homecoming Program" which offers permanent housing and case
management to individuals who are homeless or at risk of becoming homeless.
5. CARE HOUSING —ACQUISITION OF LAND
Amount of Request: $250,000 Due on Sale Loanl5% simple interest fee
Recommendation: $100,000 Due on Sale Loan/5% simple interest fee
The proposed project involves the acquisition of land to be used in a Built Green affordable housing
demonstration project in Fort Collins. The Built Green units on a future site will be certified to
ensure that the housing is healthier, safer and more durable than a typical new home. CARE is
requesting funds for a future site with the intention of constructing 40-50 affordable multi family
housing units targeted towards very low income families earning between 30% and 50% of AMI.
IL PUBLIC FACILITIES
CASA INC. OF LARIMER COUNTY— HARMONY HOUSE VISITATION CENTER
Amount of Request: $56,000 Due on sale loan15% simple interest fee
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November 16, 2004
Recommendation: $56,000 Due on sale loan/5% simple interest fee
This historic facility is used by families who are court ordered to have supervised visitation with
their children. Due to the age of the facility, it is in need of ongoing repairs. Improvements needed
to the facility are new roof, soffit, fascia, and gutters.
2. UNITED WAY— HOUSING SERVICES CENTER
Amount of Request: $87,500 Due on sale loan15% simple interest fee
Recommendation: $70,500 Due on sale loan/5% simple interest fee (full legal funding amount
due to HUD regulations of the separation of Church and State activities)
United Way ofLarimer County proposes to construct an approximately 18,000 square foot Housing
Services Day Center using "green" building techniques. This facility will be both a Salvation Army
site and a permanent facility to address the services needed for the homeless and near homeless
population. CDBG funds are requested to purchase Lot 2, a Minor Subdivision Plat of Conifer
Industrial Park, in the City of Fort Collins (corner of Blue Spruce and Conifer Street).
The proposed site for the Day Center is Lot 2 and Lot 3. Lot 3 is currently owed by Neighbor to
Neighbor. The land was purchased with CDBG funds from the City of Loveland and Larimer County
funds. Lot 2 is the adjoining lot to Lot 3. Transfer of Lot 3 ownership from Neighbor to Neighbor
to United Way is under way.
3. CROSSROADS SAFEHOUSE — 25'n ANNIVERSARY REHAB PROJECT
Amount of Request: $225,000 Due on sale loan15% simple interest fee
Recommendation: $ 52,193 Due on sale loan15% simple interest fee
Crossroads Safehouse seeks to renovate its shelter facility in order to provide a cleaner, safer and
more attractive environment for victim of domestic violence and their children. The comprehensive
rehabilitation is based on 5 and 10 year projections, which include installing a split air conditioning
system, bringing electric to up to code, repairing broken sliding doors, upgrading sprinkler system,
making roof repairs, finishing basement space, installing new carpet, landscaping for stormwater
improvement and converting current office space to resident bedrooms. The project serves 100 very
low and low income households each year.
4. CROSSROADS SAFEHOUSE —COMMUNITY OUTREACH CENTER
Amount of Request: $105,000 Due on sale loanl5% simple interest fee
Recommendation: $ 52,000 Due on sale loan/5% simple interest fee
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November 16, 2004
Crossroads Safehouse is requesting CDBG funds to relocate two buildings (house and barn) from
the Rule's farm site. The building would be used to create a Crossroads Community Outreach
Center and would house administrative offices, legal services, children's programs, community
education, life skills training and a public meeting space. Moving the administrative and program
offices would create space for more families.
5. WINGSHADOW — FACILITY IMPROVEMENT
Amount of Request: $67,029 Due on sale loan15% simple interest fee
Recommendation No funding.
Wingshadow was founded in 1993 and operates several programs: Frontier School, Outreach,
Sheltering Wings, The Aerie, Eagle Homes, and the Wings. Frontier School is an alternative
school that provides a safe learning environmental for students in grades 7 through 12 who have
dropped out, been expelled, or referred by public schools because of high -risk status. The project
is located at 1225 Redwood Street and serves over 1,100 persons. Wingshadow is requesting
CDBG funds to resurface the parking lot.
Total amount offunding requested = $2,302,984
Total amount offunding, available = $2,027,279
Total amount offunding allocated = $1,759,156
The total amount offunding requests considered by the CDBG Commission was approximately $2.3
million, however, only about $2.0 million of funds are available. With the amount of total requests
far exceeding available funding, obviously not all applications could be funded.
The CDBG Commission has recommended full funding for four (4) proposals, partial funding for
five (5) proposals, and no funding for one (1) proposal. There were no eligible applications for the
HOME FY04-50 CHDO funds. The Commission's reasons for either full funding, or no funding, for
all projects are presented in Attachment E.
The Commission has recommended allocating all (100%) of the available $426,813
of CDBG funds.
The Commission has recommended allocating (80%) of the $796,118 available
HOME funds.
The Commission has recommended allocating all (100%) of the $695,898 available
from the Affordable Housing Fund."
Interim City Manager Atteberry introduced the agenda item.
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Ken Waido, Senior Planner, stated this was the completion of the competitive process for the fall
of 2004. He stated the available funding in this cycle was slightly over $2 million and that there
were 10 applications reviewed by the Affordable Housing Board and the CDBG Commission. He
stated the Commission was recommending full funding for three of the proposals and partial funding
for two of the proposals. He stated five public facility requests were received and the Commission
was recommending full funding for one and partial funding for three others. He stated a Council
Study Session was held on this item and that the Chair and Vice -Chair of the Commission were
present to answer any questions. He stated the Commission was recommending about $1.5 million
(about 87%) in funding for affordable housing and about 13% for public service proposals.
Councilmember Tharp made a motion, seconded by Councilmember Hamrick, to adopt Resolution
2004-131.
Councilmember Tharp stated the Study Session was thorough and that the criteria had been adhered
to in the process.
Councilmember Kastein thanked the Commission for its work in this funding cycle.
Councilmember Bertschy thanked the Commission and commented that this was the culmination of
one of the funding cycles in which City and federal pass -through funds were allocated.
Mayor Martinez thanked the Commission for its work and stated the tough decisions made about
priorities benefitted the community.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Tharp made a motion, seconded by Councilmember Bertschy, to adopt Resolution
2004-132.
Councilmember Roy stated he would like to have a list of projects on the horizon that could take
advantage of air rights. He thanked the Commission for all of its work in this funding cycle.
Councilmember Tharp commented that this cluster of contributions included $70,500 to United Way
to go toward the housing services day center. She stated this also included money for safehouse
rehabilitation and the outreach center.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy, Tharp and Weitkunat. Nays: None.
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THE MOTION CARRIED
Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 2004-133. The vote on the motion was as follows: Yeas: Councilmembers Bertschy,
Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Roy made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance
No. 188, 2004 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Weitkunat made a motion, seconded by Councilmember Bertschy, to adopt
Ordinance No. 189, 2004 on First Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Resolution 2004-134
Appointing the Members of an
Economic Vitality and Sustainability Panel, Adopted.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
No direct financial impact. Support of the Panel's work will require expenditures associated with
research, data analysis, community discussion, and the preparation of written reports. These
activities can be performed utilizing current staff and funding resources.
EXECUTIVE SUMMARY
On September 21, 2004 City Council adopted Resolution 2004-113 and endorsed the establishment
of an Economic Vitality and Sustainability Panel which shall: (a) serve as a forum for the continued
discussion of economic vitality and sustainability issues; (b) provide information and advice to City
Council, the City Manager and the Economic Advisor on a regular basis; O provide guidance in the
creation and implementation of a formal action plan; (d) facilitate partnerships that lend
organizational support for the implementation of economic vitality and Sustainability partnership
strategies; and (e) report to City Council, on an annual basis, progress achieved towards improving
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November 16, 2004
the economic vitality and sustainability of the Fort Collins community.
The resolution established the panel for an initial period of two years (at which time the City
Council shall decide whether to continue the panel) and determined that the panel shall consist of
an even number of members, ranging from eight to twelve to be appointed by the City Council as
follows:
(a) One-half of the panel members shall consist of former members of the EVSAG, which
members shall serve for one year, and shall thereafter be replaced by the other former
members of the EVSAG.
(b) The other half of the panel shall consist of such other members as the City Council shall
deem appropriate, which members shall serve for a term of two years.
The selection process previously employed in the creation of EVSAG has been utilized in selecting
possible membersfor the Economic Vitality and Sustainability Panel. Councilmembers Marty Tharp
and Karen Weitkunat have prepared a preliminary list of potential community members representing
a broad cross-section of business, social, and environmental perspectives by utilizing a revised
matrix based on the "North American Industrial Classification System".
Resolution 2004-134 appoints the members of the Economic Vitality and Sustainability Panel. "
Interim City Manager Atteberry introduced the agenda item.
Bruce Biggi, Economic Advisor, presented background information regarding the agenda item. He
stated the group would continue the discussion regarding the economic vitality, health and well being
of the community and to make recommendations regarding the development and implementation of
an action plan. He stated the group would also help facilitate partnerships with the community and
would create an annual report for the Council. He outlined the selection process and listed the
selected nominees.
Councilmember Weitkunat made a motion, seconded by Councilmember Tharp, to adopt Resolution
2004-134.
Councilmember Weitkunat stated for the record that one of the problems encountered related to the
stringent requirement of appointing half of the committee from the current committee. She stated
the assumption was that everyone would be willing to serve and that in fact not everyone was willing
to serve again. She stated there would have been difficulty if just one more member was not willing
to serve. She suggested caution with such appointments in the future and stated a better direction
would have been to say that "approximately" one-half would come from the current committee.
Councilmember Tharp stated an effort was made to expand the base by not including people who
served on other boards and commissions.
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Councilmember Roy thanked Councilmembers Weitkunat and Tharp for their work on the selection
process. He stated the EV SAG would have an opportunity to work on a vital economy while looking
to the future and working on sustainability issues. He stated this was progressive work that would
serve as a "template" for other communities.
Councilmember Kastein stated he would support the motion. He stated it was his opinion that the
City needed to inventory the plans that were already in place to ensure that there would be follow
through on those plans. He cited the Downtown Master Plan as an example of a plan that would
need follow through from staff and from a committee like this one.
Councilmember Weitkunat stated the plan inventory was part of the strategies that had been
developed. She stated the committee had energy and knowledge and that this would be a
continuation of the process to move forward with the implementation and build upon the action plans
that came out of the original group.
Councilmember Hamrick stated he appreciated the work done by Councilmembers Weitkunat and
Tharp. He stated there were many issues to be addressed. He stated a key issue would be developing
key indicators, measures, targets and actionable items for economic health and sustainability. He
stated he would like to see a focus on redevelopment of the community rather than physical
expansion.
Councilmember Tharp stated this would be a continuation of the existing City policy. She stated this
would lead to a "real action plan." She commented that there were a number of things that the City
did very well, such as providing infrastructure. She stated the City would continue that kind of focus
as well as looking at new ways to understand the changing economic situation and job situation. She
stated continuing education would be part of the process.
Councilmember Bertschy stated this was an excellent committee. He stated he appreciated the
willingness of members of the original committee to serve again. He stated economic vitality was
needed to ensure the continuation of great services for the community.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
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Ordinance No.174, 2004,
Amending Chapter 26, Article VII,
Division 2 of the Code of the City Relating to
Stormwater Fees (Options A and B). Option A Adopted on First Reading.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Option A: There will be a zero increase in stormwater rates for 2005.
Option B: Storm Drainage Fund operating revenues are projected to increase 7%.
EXECUTIVE SUMMARY
Two options for 2005 stormwater rates are presented for Council consideration.
Option A of the Ordinance will:
NOT increase stormwater rates for 2005; but will
permit the Utilities General Manager to adjust the area utilized in
calculating the monthly stormwater fee for residential lots in excess of one-
half acre and for properties used for agricultural purposes.
Option B of the Ordinance will:
increase monthly stormwater fees 7% across the board; and will
permit the Utilities General Manager to adjust the area utilized in
calculating the monthly stormwater fee for residential lots in excess of one-
half acre and for properties used for agricultural purposes.
Staff recommends that Council approve Option A of the Ordinance pending further study and
analysis of the capital improvement program and financing plan.
BACKGROUND
On October 19, 2004, City Council withdrew consideration of the proposed stormwater Ordinance
which would have increased 2005 stormwater rates by 7% across the board. While the proposed
7% rate increase was consistent with the 2001 Stormwater Financing Plan adopted by City Council
Resolution 2001-93, Council members expressed concern that the rates were becoming overly
burdensome to small businesses and others, especially in light of the current economy. Council
asked staff to develop alternatives to the current capital improvement financing plan in order to
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evaluate the potential of reducing the impacts on stormwater rate payers.
It will take staff several months to complete a full analysis of the impacts of a less aggressive
timetable for the stormwater capital improvement plan. Staff will complete this analysis prior to the
2006-2007 Budget. In the interim, capital projects currently scheduled and budgeted for 2005 can
be completed without the proposed 7% increase. If stormwater rates are not increased in 2005,
capital improvements planned after 2005 would be delayed until adequate rate funding was
available for their completion.
One of the benefits of the pay-as-you-go improvement plan adopted by Resolution 2001-93 is that
the City is not locked into debt for the capital improvement plan upfront and therefore adjustments
to the schedule and plan can be more easily accommodated. Further, a one-year "moratorium" in
implementing the rate increases outlined in the 2001 Stormwater Financing Plan will not delay the
construction of capital improvements that are currently budgeted and planned for construction in
2005.
Staff is committed to the analysis of alternative improvement and financing schedules regardless of
which option is selected. If Council desires to maintain current stormwater rates with no increase
until the analysis is completed next year, Option A should be approved. If Council wishes to
proceed with the 2001 rate plan which called for a 7% rate increase in 2005, Option B should be
approved. (Option B would increase a typical single family residential customer's monthly bill from
$14.26 to $15.26 or $1.00 per month. The typical bill is based on an 8,600 square foot lot with light
run off. )
Both versions of the proposed Ordinance authorize the Utilities General Manager to adjust the lot
area utilized in calculating the monthly stormwater fee far large residential lots that are greater
than one-half acre and for properties used for agricultural purposes. These parcels have lesser
stormwater runoff than typical developments and the proposed provisions would permit the General
Manager the flexibility to recognize this difference. "
Interim City Manager Atteberry introduced the agenda item.
Mike Smith, Utilities General Manager, presented background information regarding the agenda item
and stated it would take time to reevaluate the stormwater financing plan and to discuss it with the
appropriate boards and the Council. He stated two options were being presented for Council
consideration: Option A to have no increase for 2005 and to adopt the housekeeping items included
in the Ordinance, and Option B to go ahead with the 7% increase along with the housekeeping
changes. He stated staff's recommendation was for adoption of Option A. He stated adoption of
Option A would not impact the projects that were budgeted for 2005. He stated there would be a
slight delay for projects that would follow those projects.
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Kelly Ohlson, 2040 Bennington Circle, thanked Council and staff for revisiting this issue. He stated
he had spoken against the high price tag for these projects and he believed that there was an over
reaction to the tragic flood. He urged the Council to look at the overall concept and whether it was
really necessary to spend so much money. He stated it was important to prevent tragedies but that
was different than preventing moisture problems from 100 year floods. He asked the Council to look
at a hybrid system wherein residents would pay a little more if they lived in an area that needed a lot
of improvements and everyone would contribute even if they lived in an area that had no
improvements needed. He stated a hybrid system would be more fair. He urged fair share payments
from those who would benefit financially by the removal of their properties from the flood plain.
Councilmember Bertschy asked which projects would continue and which would be delayed. Smith
stated the Dry Creek project, the levee on the Oxbow and some projects along Spring Creek would
continue. He stated the next phase of projects had not yet been determined. Jim Hibbard, Water
Operations and Planning Manager, stated in 2006 anticipated projects were design of a Fossil Creek
project affecting primarily the Paragon Point Subdivision and design and construction of projects
in the Canal Importation Basin (Avery Park neighborhood and New Mercer/West Elizabeth
neighborhood).
Councilmember Kastein asked about cost of the 2001 financing plan over the long term, how much
money had already been spent and how much had been committed. Hibbard stated the financing
plan was to produce $120 million worth of capital improvements over 25 years with a $15 million
bond payment to "jump start" the system. He stated information could be compiled for the Council
on the money spent or committed. He stated about $5 million per year average was being spent for
capital improvements and that he would estimate that $20 to $25 million had been spent.
Councilmember Kastein asked if there was bond debt remaining. Hibbard replied in the affirmative
and stated the indebtedness was for the $15 million and for bonds sold prior to the adoption of the
stormwater financing plan. He estimated that there was about $40 million in debt.
Councilmember Kastein asked if the payment of the debt would rely on increased rates. Hibbard
replied in the negative and stated the bonds were being paid for with current rates. He stated the
"pay as you go" portion would be slowed down until the bonds were paid off.
Councilmember Kastein asked if there were any issues relating to bond rating and the ability to pay
back bonds. Terri Bryant, Utilities Finance and Budget Manager, stated there would not be any
issues in 2005 with paying back bonds or meeting debt service coverage if the rates were not
increased.
Councilmember Kastein asked if the bond rating would be at risk. Bryant replied in the negative.
Councilmember Kastein asked for a memo on the project details prior to Second Reading.
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Councilmember Hamrick asked if the new rainfall standards were based on the flood and how the
new rainfall standards affected the storm drainage projects. Hibbard stated the new design standard
was not for the 1997 flood. He stated the flood did precipitate a review of the design standards,
which added 30 years of data (including the 1997 flood) to the precipitation records. He stated
resulted in a higher rainfall standard. He stated this increased the cost of the planned improvements
to $120 million over the next 25 years. He stated designs were not based on the 1997 flood.
Councilmember Hamrick asked for confirmation that the new rainfall standard was based on the
additional 30 years of data. Hibbard replied in the affirmative and stated 100 years of data was
considered.
Councilmember Hamrick asked if the Council could have accepted the new rainfall standard or kept
the old standard. Smith stated three options were presented because a citizen group wanted an even
higher standard. He stated the Council chose the standard recommended by staff.
Councilmember Hamrick asked if the new basins were mapped out based on the new rainfall
standard and if citizens not previously included in a basin were added to basin areas. Smith replied
in the affirmative.
Councilmember Hamrick stated he initially opposed the stormwater projects because they seemed
to be designed to prevent property damage rather than save lives. He stated he was interested in how
a hybrid system would work.
Councilmember Roy asked why it would be a problem for bonds and the bond rating to have the
sales tax initiative on the ballot and why it would not be a problem in this case for the stormwater
bonds to reduce the ability to pay the bonds. He stated he would like to understand the differences
between the two situations. City Attorney Roy stated he would provide information to the Council.
He stated he understood that not raising the rate would not jeopardize the ability to pay for the bonds.
Councilmember Tharp stated citizens frequently asked why they should have to pay for storm
drainage protection when their houses were not in a floodplain area. She requested a couple of
paragraphs of explanation to give to citizens regarding how interconnected the drainage system was
"from the top of the hill through town." She stated she viewed the issue as the total community
protecting itself from flood damage that would have an impact on all facilities and infrastructure.
Smith stated the run-off from high ground could be causing flooding problems downhill.
Councilmember Tharp asked for more information regarding the project delays that would caused
by a change in the funding. She expressed a concern about the long term flooding problems in the
Avery Park Neighborhood. Smith stated staff would provide alternatives regarding the financing
options.
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Councilmember Bertschy made a motion, seconded by Councilmember Roy, to adopt Ordinance No.
174, 2004 (Option A) on First Reading.
Councilmember Bertschy stated the storm drainage system was not being redesigned. He noted that
development fees collected for stormwater meant that the newer parts of town were being put ahead
of the older parts of town. He stated it was critical to balance the revenue stream so that all parts of
town could benefit equally. He stated it was important to remove areas from the floodplain (for
example, what had been done for the downtown) to increase property values, decrease the need for
flood insurance, and raise the ability of businesses to generate more revenue to the benefit of the
community. He stated there was a community value to the storm drainage system. He stated this
was an opportunity to assess what had been done and whether the fees were out of line. He stated
he was not in favor of changing the overall plan because of problems such as those in the Avery Park
Neighborhood. He stated the fee structure should be reviewed and that care should be taken about
redesigning the system.
Councilmember Weitkunat stated this situation came about because the Council agreed that there
was a problem that was being fixed piecemeal because of a lack of dollars, particularly in the older
part of the City. She stated the Council agreed to accelerate the payment in order to "jumpstart" the
program and accomplish what needed to be done with regard to storm drainage. She stated she
recognized a need to review the fee structure when she saw the 65% increase. She stated there was
a need to look at costs and benefits. She noted that there had been great accomplishments through
the program over the last four years. She stated this was a good time to look at the future of the
program and to determine whether the City was getting what it was paying for.
Councilmember Tharp commented that the fee increases had more impact because of the economic
downturn. She stated this was a good time to "reassess" and "slow the process a bit" but not to
abandon the program.
Councilmember Kastein stated he was not committing to abandoning the program. He stated he
would like to see "due diligence" on evaluating the plan. He stated he agreed with the evaluation
process outlined by staff. He stated good things had been done with the money in the past.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
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November 16, 2004
Resolution 2004-135
Adopting Voluntary Guidelines for
Incumbent Councilmembers Who Are Candidates
for Elective Offices, Adopted as Amended.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Resolution would establish guidelines for incumbent Councilmembers who decide to run for
re-election or for another elective office. The guidelines would address the extent to which
Councilmembers should participate in activities that might be construed as furthering their
campaigns.
BACKGROUND
Under the City Charter, it is permissible for Councilmembers, including the Mayor, to continue to
hold their offices while seeking other elective offices. Article 11, Section 18 of the Charter merely
states that assuming another elective office creates a vacancy in the office of the Councilmember or
Mayor. Thus, Fort Collins is not among those jurisdictions that have a "resign to run" rule.
At a study session on July 27, 2004, Council directed the City Attorney to meet with Mayor Martinez
and Councilmembers Kastein and Tharp to draft proposed guidelines to assist Councilmembers in
ensuring maximum separation of private campaign activities from official duties when they choose
to run for another elective office during their terms as Councilmembers. This Resolution contains
the guidelines that emerged from that meeting.
With regard to a Councilmember's use of City equipment for campaign activities, the Colorado Fair
Campaign Practices Act ("FCPA") already prohibits the City from making any "contribution" to
a candidate's political campaign. Thus, the first guideline in the Resolution reiterates the principle
that no City funds should be expended in support of individual campaign activities.
The more difficult question discussed by the ad hoc Council committee was how to separate the
campaign statements and activities of incumbents who are running for higher office from the
performance of their official duties as Councilmembers.
On this point, the second guideline indicates that during the 45-day period immediately preceding
an election, Councilmembers seeking elective office should not:
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a. appear on City funded television programming unless that Councilmember
routinely appears on the program in question in connection with his or her
official duties; and
b. participate in City -sponsored citizen outreach activities such as a "stop and
chat" or seek City reimbursement for expenses incurred by the
Councilmember that are related to public appearances or outreach activities
other than those events or activities to which all Councilmembers have been
invited in their official capacity. "
Interim City Manager Atteberry stated there would be a brief staff presentation.
City Attorney Roy stated that at a Study Session in July, the Council discussed the issue of whether
there should be any guidelines adopted by the Council for incumbent Councilmembers who seek
reelection to the office of Councilmember or Mayor or who seek other elective office during their
term of office. He stated at the direction of the Council that he met with Mayor Martinez and
Councilmembers Kastein and Tharp to discuss the issue. He stated the proposed Resolution offered
for Council's consideration voluntary guidelines. He outlined the guidelines set forth in the
Resolution.
Councilmember Roy stated he had concerns about the Council going forward with the Resolution
and indicated that he would favor postponement. City Attorney Roy stated once an item was placed
before the Council for consideration that a motion could be made to postpone either indefinitely or
to a date certain.
Councilmember Roy made a motion, seconded by Councilmember Hamrick, to postpone discussion
on Resolution 2004-135 until another Study Session discussion could be held on the matter.
Councilmember Hamrick indicated that he had comments to make with regard to the Resolution.
Councilmember Weitkunat stated the motion to postpone was not debatable. City Attorney Roy
stated the kind of debate permitted on this kind of motion to postpone would be limited to the
propriety of the postponement or the date and time to which it would be postponed. He stated a
debate of the merits of the guidelines would not be permitted.
Councilmember Tharp stated that two years ago she had requested such a Resolution so that
guidelines would be in place and that it had been postponed until after the November election. She
stated another election cycle had gone by without the issue and perception problems being resolved.
She stated another postponement would mean that the issue was not resolved before the April
election cycle. She stated the issue could be resolved through the voluntary guidelines set forth in
the Resolution.
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Councilmember Bertschy stated it was a mistake to postpone because a statement needed to be made
prior to the April election. He stated he would vote against the motion to postpone.
The vote on the motion was as follows: Yeas: Councilmember Roy. Nays: Councilmembers
Bertschy, Hamrick, Kastein, Martinez, Tharp and Weitkunat.
THE MOTION FAILED
Councilmember Kastein proposed the following modified language in the Resolution: "seek City
reimbursement for expenses incurred by the Councilmember that are related ...." He stated he did
not believe that it was necessary to avoid any activity for which the Councilmember was not
requesting reimbursement of expenses.
Councilmember Kastein made a motion to adopt Resolution 2004-135 as amended.
Councilmember Bertschy suggested that a motion be put forward to adopt the Resolution and that
a separate motion be brought forward to amend.
Councilmember Kastein made a motion, seconded by Councilmember Tharp, to adopt Resolution
2004-135.
Councilmember Kastein asked the advice of the City Attorney about proposed language amending
the Resolution. He stated he would like to strike the language "b. participate in City -sponsored
citizen outreach activities such as a `stop and chat'; or."
Councilmember Weitkunat stated the problem was the wording relating to "City -sponsored"
outreach activities. She stated if an event was sponsored by the City that the event had the backing
of the organization. She stated anything that implied City support financially or otherwise was a
problem. She stated she believed that the language relating to "City -sponsored" events should
remain in the Resolution.
Councilmember Kastein agreed with Councilmember Weitkunat's statement.
Councilmember Tharp stated the "stop and chat" sessions were paid for by City dollars and were put
together by staff work. She agreed that it was important for the language to remain in the
Resolution.
Councilmember Hamrick asked why these would be voluntary guidelines rather than a policy.
Councilmember Kastein stated this would be a Council policy and asked how this could be made
stronger without "making it law." City Attorney Roy stated the Resolution captured the discussion's
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emphasis on the voluntary nature of the guidelines. He stated the guidelines would remain voluntary
even if the word "voluntary" was eliminated. He stated the alternative would be to bring forward
an Ordinance to establish a Code provision and penalty for violation. He stated the Resolution
would not impose that rigorous a standard. He stated a violation of the Resolution could be
punishable by some sort of Council sanction.
Mayor Martinez stated this would also help avoid situations in which staff members were put into
an uncomfortable position to staff an activity that might violate the guidelines.
Councilmember Bertschy stated he believed that the Resolution was "pretty powerful." He stated
the degree of publicity and "public outrage" would be a powerful tool.
Councilmember Tharp stated one of the reasons she brought this forward was to avoid any
perceptions that City funds were used for running for office. She stated the word "voluntary" could
be taken out of the Resolution. She stated adoption of the Resolution would be a "good faith" effort
to avoid these types of situations.
Councilmember Roy stated he had concerns about the Resolution. He stated he favored campaign
reform and a "tighter process" for candidates running for office. He stated an opportunity had been
missed once and that adopting something that would be ineffective would be as bad as doing
nothing. He stated the agenda item summary appeared to indicate that the guidelines would be in
effect only when a Councilmember was running for other election office and that it was not clear that
they applied when a Councilmember was running for a Council office. He stated it was unfair to
allow a Councilmember to appear on a televised program if he or she routinely appeared on the
program. He stated the Resolution would have "no teeth" and would provide "muddled guidelines."
He stated if the Resolution was adopted that he would like to see consideration of stronger guidelines
in the future to ensure in an "airtight" way that incumbents would not use City funding to further
their campaigns.
Councilmember Hamrick stated he had questions about the language of the agenda item summary
relating to running for "another elective office" or a "higher office." He stated the agenda material
was ambiguous as to whether the guidelines would apply when running for City Council or Mayor.
City Attorney Roy stated "another elective office" came out of Charter language. He stated the intent
was that the guidelines would apply to incumbents seeking reelection or running for another elective
office. He stated he believed that the Resolution was properly worded to accomplish that intent.
Councilmember Hamrick asked about the difference between 2a and 2b in the Resolution and why
it would be permitted for a candidate to appear on TV but not at a "stop and chat."
Councilmember Weitkunat stated one example was a natural areas video where each Councilmember
had something to say. She stated this video regularly appeared on TV and that it was not done in
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connection with campaigning. She stated it would make sense for something like that to be exempt.
She stated another example was the videotaped Council meeting. She stated there needed to be a
distinction between the routine TV appearances and other types of appearances.
Councilmember Tharp stated the Mayor had a regular monthly television program. She stated the
intent was to exempt that type of program.
Mayor Martinez stated the monthly television program was open to all Councilmembers to inform
people about City issues.
Councilmember Roy asked for information about the guidelines followed by peer communities. He
stated he would support the motion on the floor because it moved the City in general in the right
direction. He stated the City might be able to do a better job in this area if other examples were
brought forward.
Mayor Martinez stated the committee looked at guidelines for other communities. City Attorney
Roy stated information was gathered through CML and the Attorney ListServ. He stated he received
information from Aurora regarding a blackout period similar to that set forth in the Resolution and
information from Greeley. He stated he would forward information regarding those examples to the
Council.
Councilmember Kastein stated he agreed with Councilmember Hamrick that 2a was not needed in
the Resolution. He stated he would like to see language that would prohibit an appearance by an
incumbent even in a regular television program during the 45 days prior to the election. He stated
this would not include a rebroadcast of a program. He stated he viewed "participation" in a program
to be different than a rebroadcast.
Mayor Martinez expressed a concern that this would complicate the matter. City Attorney Roy
stated he had a concern that removing the language in 2a would mean that a regular appearance in
a City -sponsored television program would violate 2b. He stated having both 2a and 2b was a good
idea if a distinction was to be made.
Mayor Martinez stated he would like to make that distinction.
Councilmember Hamrick stated he would prefer to make the Resolution more stringent by removing
2a. He stated he would like to offer an amendment to the Resolution. He offered a friendly
amendment to revise the language in both 2a and 2b to add: "... unless that City Councilmember
routinely appears." He stated he would like the provisions relating to TV programs and "stop and
chat" to be consistent.
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November 16, 2004
Councilmember Hamrick made a motion, seconded by Councilmember Roy, to add the language
"unless that City Councilmember routinely appears" to both 2a and 2b.
Councilmember Kastein stated he would not accept that as a friendly amendment.
Councilmember Hamrick stated he would hold his motion in abeyance until he heard
Councilmember Kastein's comments.
Councilmember Kastein stated it was intent not to allow appearances on City -sponsored television.
He stated he would support removing 2a from the Resolution to make it impermissible for an
incumbent to appear on a City -sponsored television program that did not involve the entire Council
in their official capacities, even if it was a regular appearance, during the 45 days before an election.
Mayor Martinez asked about the rebroadcast of City Council meetings.
Councilmember Kastein stated the intent was that the guideline would apply to a City -sponsored
citizen outreach activity.
Councilmember Weitkunat asked if this would mean that 45 days before an election there would be
no programming on television that the Mayor had routinely done. She stated she believed that the
intent of the guidelines would be to curtail campaign activity. She stated an appearance on television
with regard to City issues was a different matter than appearing to reach out to the community for
votes. She stated television programming was geared to the community and that was different than
a District meeting.
Councilmember Hamrick stated there were differences on the problem that was to be solved, i.e.
whether it was the use of government equipment at City -sponsored events or whether it was fair
campaigning.
Councilmember Weitkunat stated Councilmember Hamrick appeared to be making the assumption
that a television appearance was campaigning.
Councilmember Hamrick stated would not be fair to an election opponent who did not have access
to such appearances.
Mayor Martinez stated elected officials should be able to act in their official capacities.
Councilmember Kastein made a motion, seconded by Councilmember Hamrick, to amend
Resolution 2004-135 to remove 2a.
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Councilmember Roy stated there were different perceptions about the issue. He stated much
campaigning was based on name recognition. He stated District meetings were as valuable as
television programming in reaching out to the community. He stated there was a real perception that
there was an advantage to "face time" and in incumbents "utilizing what was available from the City
for free" in advancing name recognition.
Councilmember Weitkunat asked if the issue was the timing of the program.
Councilmember Roy stated the issue was at what point perception became fact.
Councilmember Weitkunat stated she believed that the discussion really related to the Mayor's
position since it was the Mayor who did the monthly program. She asked if that was the real issue
and stated if that was the issue the question was the function of the Mayor.
Councilmember Roy stated he was looking at the issue "philosophically."
Councilmember Weitkunat stated this would set a policy.
Councilmember Roy stated if a Councilmember could not conduct an educational meeting during
the 45 days that the Mayor should not be allowed to appear on a television program during that time.
He stated this was not a "personality driven issue" but was an issue of fairness. City Attorney Roy
stated staff needed direction regarding the motion.
Mayor Martinez stated Councilmember Hamrick's friendly amendment was denied and that
Councilmember Kastein had made a motion to amend the Resolution. City Attorney Roy stated
Councilmember Hamrick's friendly amendment was denied and that he then made a motion that was
seconded by Councilmember Roy.
Mayor Martinez stated Councilmember Hamrick agreed that he had offered a friendly amendment
rather than a motion. He stated the motion on the floor was the motion offered by Councilmember
Kastein. City Attorney Roy asked if Councilmember Kastein's intent in the motion to amend was
to prohibit the television program appearances.
Councilmember Kastein replied in the affirmative. City Attorney Roy stated the elimination of 2a
would not accomplish that intent.
Councilmember Kastein asked why that would not prohibit such appearances. City Attorney Roy
stated elimination of 2a would remove any mention of television appearances. He stated if the intent
was to prohibit television appearances that the language could be "participate in City -sponsored
citizen outreach activities such as a `stop and chat' or appear on City -funded television
programming."
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Councilmember Kastein stated he would support the suggested language.
Mayor Martinez asked for clarification regarding the wording of the Resolution if the amendment
would pass. He asked if Councilmember Kastein was changing his motion.
Councilmember Kastein replied in the affirmative. City Attorney Roy suggested that there would
be three subparagraphs in section 2 to read as follows after the words should not: "a. participate in
City -sponsored citizen outreach activities such as a `stop and chat' or appear on City -funded TV
programming; or b. seek City reimbursement ...."
Mayor Martinez asked if that was Councilmember Kastein's motion.
Councilmember Kastein replied in the affirmative.
Councilmember Bertschy requested clarification to the motion. He asked how the amended
Resolution would be different than the original Resolution.
Councilmember Kastein stated the original Resolution would make an exception for TV programs.
He stated the original intent was to make an exception for programs such as the Mayor's monthly
program. He stated he now believed that such City -sponsored activities should be eliminated within
the 45 days prior to an election to avoid the perception that City funds were being spent to promote
the incumbent candidate.
Councilmember Bertschy stated he was aware that a Councilmember asked City staff to put a
program on TV (which had been recorded a year or two earlier) within the 45 days before an
election. He stated would not be considered to be routine and that this put staff in an awkward
position.
Councilmember Kastein stated the point could be that "appear" did not necessarily mean a first
filming and that it could mean a rebroadcast. He asked if the proposed amendment would cover that
kind of "appearance." City Attorney Roy stated the amendment would cover that and that the
original language would also have covered that.
Councilmember Weitkunat asked for clarification that this would mean that 45 days before an
election an incumbent candidate could not do any of these City -sponsored activities, whether TV or
public outreach and whether routine or not, when there were City funds involved.
The vote on the motion to amend was as follows: Yeas: Councilmembers Bertschy, Hamrick,
Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
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Councilmember Weitkunat inquired whether this was the vote on the amended Resolution. City
Attorney Roy stated the Council would now need to vote on the Resolution as amended.
Councilmember Tharp stated she believed that this would adequately address the issue of
perceptions.
Mayor Martinez stated he would prefer that the Resolution prohibited participation in City -funded
activities from the time an announcement of candidacy was made.
The vote on the motion to adopt Resolution 2004-135 as amended was as follows: Yeas:
Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
("Secretary's Note: The Council took a brief recess at this point.)
Ordinance No. 171, 2004,
Amending the Zoning Map of the City of Fort Collins
by Changing the Zoning Classification for that Certain Property
Known as the 221 West Prospect Road Rezoning, Adopted on Second Reading.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This is a request to rezone Lot 10 of the Griffin Subdivision, which is located at the southeast corner
of West Prospect Road and Tamasag Drive and known as 221 West Prospect Road. This parcel is
26,800 sq. ft. in size (0.62 acres) and is currently zoned E — Employment. The proposed rezoning
would rezone the property into the CC — Community Commercial zone district. The parcel is
designated as part of the Mason Street Transportation Corridor and is identified as part of the
Campus District on the City of Fort Collins Structure Plan Map.
The 221 West Prospect Road rezoning was presented to the Planning and Zoning Board on
September 16, 2004. The Planning and Zoning Board recommended denial of the rezoning request.
Ordinance No. 171, 2004, was adopted on First Reading 5-1 (Nays: Councilmember Hamrick;
Councilmember Bertschy was absent) on October 19, 2004, approving the requested zoning of CC -
Community Commercial."
Interim City Manager Atteberry stated staff would be available to answer any questions.
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Councilmember Tharp asked if there were any specific plans known for this property. Bob Barkeen,
City Planner, stated there had been no formal submissions for any review at this point.
Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt
Ordinance No. 171, 2004 on Second Reading.
Councilmember Tharp stated there had been discussion relating to the need for more variety in
commercial development at that particular location. She stated she had a concern that this would
bring the commercial property closer to the neighborhood and that commercial zoning would allow
a bar and restaurant. Barkeen stated bars and restaurants would be permitted within the proposed
zone district.
Councilmember Tharp stated that would become problematic because of proximity to the University.
She asked if there was any way to limit the uses once the zoning was changed to Community
Commercial. Barkeen stated any permitted uses would be allowed. He noted that bars and restaurants
were also permitted uses within the previous zone district as well. He stated they were secondary
uses and that there was a limitation regarding the amount of area they could occupy on this particular
site. He stated the proposed Community Commercial zoning would not have such secondary use
restrictions.
Councilmember Tharp stated she understood that the site was too small for a restaurant or bar to be
feasible. Barkeen stated under the previous zone district they would be secondary uses and would
therefore be small and limited.
Councilmember Tharp stated she had a concern about another restaurant/bar being allowed within
walking distance to the University.
Councilmember Weitkunat stated there could be some way to deal with that concern under the
planning and zoning standards. She stated there could be a possibility of some kind of mitigation.
Councilmember Kastein stated there would be a discussion about campus alcohol issues. He stated
he also had concerns about the proximity of alcohol to campus. He stated there was another
argument that people would drive if alcohol was further away from campus. He stated this was not
an issue that could resolved as part of the discussion on this rezoning.
Councilmember Hamrick stated he would vote in opposition to the motion. He stated the property
could be left as Employment and that there could be variances to allow a proposal to go forward.
He stated he would prefer that the property remain Employment because of its proximity to the
Mason Street Transportation Corridor.
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November 16, 2004
The vote on the motion was as follows: Yeas: Councilmembers Kastein, Martinez, Roy and
Weitkunat. Nays: Councilmembers Bertschy, Hamrick and Tharp.
THE MOTION CARRIED
Ordinance No. 165, 2004,
Amending Section 7.5-61 of the City Code by Modifying the "Pavement Impact Fee"
and Addine a "Utility Locate Coring Fee." Adopted on Second Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Ordinance No. 165, 2004, which was adopted 6-0 (Councilmember Bertschy was absent) on First
Reading on October 19, 2004, amends City Code Section 7.5-61 to adjust the amount of the
Pavement Impact Fee and to establish a new Utility Locate Coring Fee. It is intended that these
changes be made in conjunction with the 2005 budget appropriation ordinance being presented to
Council at this same date. "
Mayor Martinez stated he had withdrawn this item from the Consent Calendar because he wanted
people to know that the fees were going up. He asked how much the fees were going up.
Ron Phillips, Transportation Services Director, stated the pavement cut fee was set five years ago
and had not been increased since then. He stated the costs had increased from 2% to 4% a year and
that the proposal was to increase the fee by 10%. He stated these fees were paid by utility companies
when they were cutting the pavement. He stated since inception the fee was tripled when the
pavement was less than five years old. He stated had been effective in encouraging the utility
companies to do the work needed while the streets were being rehabilitated.
Mayor Martinez asked if the increased fees would be passed on to the utility's customers.
Councilmember Kastein asked if each of the 500 excavation permits would cost an average of $300
more. Phillips stated was an average and that it would vary according to the size of the cut.
Councilmember Tharp asked whether this increased fee would totally cover the City's costs. Phillips
replied in the affirmative.
Councilmember Tharp stated it was fair to raise fees to cover the City's costs.
Mayor Martinez asked if there were more employees as a result of the required inspections. Phillips
replied in the negative.
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November 16, 2004
Mayor Martinez asked what caused the added costs. Phillips stated it was due to inflation of costs
amounting to 2% to 4% each year.
Mayor Martinez requested clarification regarding the inflationary costs. Phillips stated the cost of
doing inspections was higher.
Mayor Martinez asked for examples. Phillips stated there were increased costs in salaries, fuel costs,
and other costs associated with staff and vehicles.
Mayor Martinez asked if there were full time employees to do the inspections. Phillips replied in
the affirmative and stated the inspectors were responsible for a variety of pavement and
infrastructure inspections.
Mayor Martinez asked if the increased City costs amounted to about $15,000 more per year. Phillips
stated was the cumulative effect over the last five years.
Mayor Martinez asked if the budget reflected those increased costs. Interim City Manager Atteberry
stated inflation was noted in certain costs throughout the City operation. He stated there were
increases in personnel costs, fuel costs, etc. He stated a fee increase was necessary to cover
increased costs.
Councilmember Hamrick made a motion, seconded by Councilmember Tharp, to adopt Ordinance
No. 165, 2004 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Hamrick, Kastein, Roy, Tharp and Weitkunat. Nays: Mayor Martinez.
THE MOTION CARRIED
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Ordinance No. 166, 2004,
Appropriating Prior Year Use Tax Carryover Reserves for the
Manufacturing Equipment Use Tax Rebate Program, Adopted on Second Reading.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
In March 1996, Council approved a temporary rebate program for use taxes paid on manufacturing
equipment. The goal of the program is to maintain the local economic base by providing modest tax
relief to manufacturing concerns in Fort Collins. The program has provided rebates to
manufacturers for use taxes paid during the calendaryears 1996 through 2001. The rebate program
was discontinued for calendar year 2002 due to challenging economic conditions. Council
reinstated the program in January of 2004 for a two-year period. Under the rebate program, the
payments are made in arrears. This is a rebate of taxes paid in 2003 and not a tax exemption. Six
companies have filed applications this year for a total of $172,093 in rebates. Based on review of
the applications, the amount was reduced from $265,000 on First Reading. The source of funding
for the rebate program is the sales and use tax fund, specifically the use tax carry-over reserve. A
listing of the six companies has been added to the agenda summary.
Ordinance No. 166, 2004, was adopted 6-0 (Councilmember Bertschy was absent) on First Reading
on October 19, 2004. "
Mayor Martinez noted that Councilmember Roy withdrew this item from the Consent Calendar.
Councilmember Roy stated in recent weeks a number of jobs in Fort Collins had been off -shored.
He stated in reviewing the list of firms that would be receiving some of the community's tax dollars
that he noted that at least two were reported in the newspapers as being involved in moving jobs off-
shore. He stated he withdrew this item from the Consent Calendar because he believed that
communities needed to begin to discuss expectations and the role of business in communities,
particularly when there were partnerships set up for businesses to receive tax dollars. He stated he
understood the need to be supportive of businesses and to lessen the burden to businesses. He stated
this community had taken a "large hit" in loss of jobs. He stated he would like to discuss what
communities can do about jobs taken from the United States and moved to other countries. He asked
fora comparison of projected tax revenues that would be lost due to jobs lost versus the amount of
tax dollars being given back to the businesses.
Councilmember Weitkunat stated she did not believe that this was an appropriate time for this
discussion. She stated the topic was the rebate rather than the off -shoring of jobs.
Councilmember Roy stated he understood Councilmember Weitkunat's point.
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November 16, 2004
Councilmember Tharp stated she agreed that the issue of off -shoring was separate. She asked if it
was always appropriate to give the manufacturer's tax rebate to any company that applied. She
questioned whether there should be some kind of criteria and suggested that, for instance, off -shoring
jobs might make a business ineligible for receiving a manufacturer's tax rebate. She stated this
would be an issue that could be discussed.
Councilmember Weitkunat stated there was a program in place and that there were established
criteria. She stated any discussion about altering the criteria should take place at another time and
venue.
Councilmember Hamrick stated he believed that the issue should be discussed at some point. He
questioned the criteria of the business making an "investment in Fort Collins." Krcmarik stated
taxes were paid last year and were now being rebated. He stated the rebate program was renewed
for two years and that staff planned to review the program with Council next year for rebates that
would occur in 2006.
Councilmember Hamrick stated it would be appropriate to review the criteria at that time. Interim
City Manager Atteberry stated this was an item that could be submitted to the new EVSAG for
discussion.
Councilmember Hamrick made a motion, seconded by Councilmember Weitkunat, to adopt
Ordinance No. 166, 2004 on Second Reading.
Councilmember Roy stated he realized that this issue was "bigger than Fort Collins government" and
that he believed that it was an issue that governments across the country must face. He stated he
would support the Ordinance because it did meet the criteria that were in place. He stated these were
the sorts of things affecting the local and national economies that must be discussed by governments.
Councilmember Kastein stated there were issues with companies losing money and off -shoring jobs.
He stated it would be difficult to acquire date about jobs in Fort Collins actually lost to off -shoring.
He stated these companies were "bright shining stars in the local economy." He stated he supported
the program and the Ordinance.
Councilmember Bertschy stated one of the companies saved jobs in Fort Collins by doing a plant
reinvestment rather than sending it to a plant out-of-state. He stated jobs were kept in the community
because of the City offering the incentive.
Councilmember Weitkunat stated it was important to remember that this was a manufacturing
equipment use tax rebate. She stated part of the tax paid was being rebated in order for the
companies to continue operating and upgrading facilities. She stated this was an incentive for the
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November 16, 2004
company to stay and revamp the industry. She stated this was an important tool to help companies
maintain a competitive edge and reinvest.
Mayor Martinez stated he would not want to take away a rebate and cause companies to rethink
staying in Fort Collins.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Ordinance No. 183,2004,
Amending Section 23-114 of the City Code Concerning the
Leasing of City Property at the Fort Collins -Loveland
Municipal Airport, Adopted on First Reading_
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
There are no City expenses associated with this lease. The collections of ground rental income will
probably start sooner as a result of this change.
EXECUTIVE SUMMARY
The Cities of Loveland and Fort Collins have been reviewing for approval ground leases for the
construction of private hangars at the airport; these leases have been generic from one to the other
and have been approved through the consent agenda. By giving the City Managers the ability to
approve the leases it will expedite the approval process, reduce Councils work load and expedite
the initial collections of lease payments. If approved, the city managers will be authorized to
approve and execute lease agreements in real property owned in the name of the city and located
at the Fort Collins -Loveland Municipal Airport, provided that:
The use to which the real property is to be put under the lease is an aeronautical
or general aviation use or a use which directly augments an aeronautical or
general aviation use; and
The use to which the real property is to be put is permitted by any land use or
zoning codes or regulations applicable to the real property; and
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November 16, 2004
The lease and the use to which the real property is to be put is in compliance
with all Federal Aviation Administration and state laws, regulations, and
agreements applicable to the property to be leased; and
The lease provides that the city shall receive a rental amount which is
determined by the city manager to approximate the fair market value for the
lease of the real property; and
The real property to be leased is not a part of the city's water or electric utility
systems."
Councilmember Hamrick stated he withdrew this item from the Consent Calendar because he wanted
"visibility" to what was happening at the airport. He stated it was important for the Council to keep
track of what was going on at the airport. He stated the airport growth was a big issue in southeast
Fort Collins.
Councilmember Bertschy made a motion, seconded by Councilmember Tharp, to adopt Ordinance
No. 183, 2004 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: Councilmember Hamrick.
THE MOTION CARRIED
Resolution 2004-126
Making Findings of Fact and Conclusions
Pertaining to the Appeal by the Colorado Department of Transportation
of a Decision of the Planning and Zoning Board
Regarding the Poudre River Rest Area Site Plan Advisory Review, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
On September 9, 2004, an appeal of the August 26, 2004 decision of the Planning and Zoning Board
to disapprove the CDOT Poudre River Rest Area Site Plan Advisory Review was filed by Appellant
Karla Harding, CDOT Region 4 Transportation Director.
On October 19, 2004, City Council voted unanimously to overturn the decision of the Planning and
Zoning Board. In order to complete the record regarding this appeal, the Council should adopt a
Resolution making findings of fact and finalizing its decision on the appeal.
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November 16, 2004
At the October 19, 2004 hearing on this matter, Council considered the testimony of City staff and
the Appellants. In subsequent discussion at this hearing, Council determined that the Planning and
Zoning Board improperly interpreted and applied relevant laws, that traffic data was properly
counted and projected, there was a correct calculation of traffic impact, and that stormwater
impacts were correctly calculated and found to comply with the City's applicable standards.
City Council voted unanimously to overturn the decision of the Planning and Zoning Board. "
Councilmember Bertschy withdrew from participation and voting on this item because this was a
quasi judicial matter on which he was not present for the initial vote.
("Secretary's Note: Councilmember Bertschy left the room at this point.)
Interim City Manager Atteberry stated staff would be available to answer any questions.
Councilmember Kastein made a motion, seconded by Councilmember Tharp, to adopt Resolution
2004-126. The vote on the motion was as follows: Yeas: Councilmembers Hamrick, Kastein,
Martinez, Roy, Tharp and Weitkunat. Nays: None. (Councilmember Bertschy withdrawn)
THE MOTION CARRIED
("Secretary's Note: Councilmember Bertschy returned to the meeting at this point.)
Other Business
Mayor Martinez stated he had exchanged communications with the Senior Advisory Board regarding
policy direction on the charge to the Board. He asked if there were at least three Councilmembers
in support of a language change to give clear direction.
Councilmember Tharp asked when the Senior Advisory Board would be reviewed by the Council.
She suggested that would be a more appropriate time to look at the charge given to the Board.
Mayor Martinez asked when the Senior Advisory Board was to be reviewed. City Clerk Krajicek
stated she believed that had already been done.
Mayor Martinez asked for Council support to the changes recommended by the Board so that staff
would have direction to bring the change forward for Council consideration.
Councilmembers Tharp and Hamrick stated they would support that staff work.
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November 16, 2004
Councilmember Weitkunat asked about a memorandum received from the Town of Timnath
regarding the separator study and land. She asked if there needed to be a public discussion of what
needed to be done. She stated Timnath was asking the City to reconsider some of the issues that had
been dealt with in regard to the intergovernmental agreement and the separator near the river. She
stated Timnath would like the City to cease purchasing property through the open space program.
Interim City Manager Atteberry stated he had received an additional communication from the Town
of Timnath asking that the City put on hold the acquisition of conservation easements in that area
until agreement could be reached on an approach in partnership with Timnath. He stated this had
caused significant concern and that he was not prepared to offer a recommendation to Council. He
stated this was a significant change from the current approach and that he would prepare a written
recommendation.
Mayor Martinez asked if the City Attorney had reviewed the memo.
Councilmember Weitkunat stated she was looking for direction and that she felt that the Council
needed to take some public action.
Mayor Martinez asked the City Attorney if he had reviewed the memo. City Attorney Roy stated he
had not had an opportunity to review the memo in detail.
Mayor Martinez asked what the next step would be. Interim City Manager Atteberry stated an
Executive Session might be appropriate.
Mayor Martinez stated the Council would wait for a recommendation from the City Attorney's
Office on how to proceed.
Councilmember Hamrick stated he would like to give direction to the boards regarding a time for
public input.
Mayor Martinez asked if any Councilmembers supported the idea of a policy statement to require
the boards to schedule a time on their agendas for public input. Interim City Manager Atteberry
stated staff had clear direction that Council supported such a policy.
Executive Session Authorized
Councilmember Bertschy made a motion, seconded by Councilmember Roy, to go into Executive
Session under Section 2-31(a)(2) of the City Code for the purpose of meetings with the attorneys for
the City regarding legal issues, including potential litigation involving the City. The vote on the
motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp
and Weitkunat. Nays: None.
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THE MOTION CARRIED
Mayor Martinez noted that a meeting of the Board of Directors of General Improvement District No.
1 needed to be held.
Councilmember Bertschy made a motion, seconded by Councilmember Roy, to recess from the
regular meeting that had been adjourned to Executive Session to conduct the meeting of the Board
of Directors of General Improvement District No. 1. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
("Secretary's Note: The Council convened as the Board of Directors of General Improvement
District No. 1 at 9:00 p.m. and reconvened the Council meeting at 9:05 p.m. to adjourn into
Executive Session.)
Adjournment
("Secretary's Note: At the conclusion of the Executive Session, the Council reconvened the regular
meeting to adjourn.) The meeting adjourned at 10:15 p.m.
:
Mayor G
ATTEST:
City Clerk
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