HomeMy WebLinkAboutMINUTES-04/17/2007-RegularApril 17, 2007
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, April 17, 2007,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Brown, Hutchinson, Manvel, Poppaw, Roy, and Troxell.
Councilmembers Absent: Ohlson
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Bob Viscount, 1104 West Magnolia, showed a slide presentation documenting the difficulties Vivian
Armendariz, a disabled person confined to a wheelchair due to spina bifida, has had in reaching a
fixed Transfort bus stop. She has received only partial certification for Dial -A -Ride participation,
and is allowed to use it only on days with snow and ice. He urged Council to review the certification
process for Dial -A -Ride participation and questioned how it could not fully certify Ms. Armendariz,
who has such difficulties in getting around.
Vanessa Conway, 424 Del Clair Road, Director of Community Affairs for ASCSU, thanked
Councilmember Manvel for attending "Ram Ride" open house. She introduced the next ASCSU
president, Katie Gleeson, and vice-president, Trevor Trout.
Citizen Participation Follow-up
Mayor Hutchinson asked for a report on the recertification process for Dial -A -Ride.
Councilmember Roy asked for information regarding the interplay between an applicant's medical
conditions and medical information provided to staff and staff's assessment of certification of a
disability for Dial -A -Ride.
AEenda Review
City Manager Atteberry stated Item #9, Second Reading of ordinance No. 047, 2007, Appropriating
Funds for the Harmony and Ziegler Roads Front Range Village Improvements Project, has an
amendment to the Exhibit previously provided for First Reading. Item #20, Resolution 2007- 040
Submitting the Existing Conditions Survey and Foothills Mall Urban Renewal Plan to the Planning
and Zoning Board and the Poudre School District Board of Education, and Ratifying the Submittal
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of the Plan and Survey to the Larimer County Board of Commissioners, would be withdrawn from
the Consent Calendar for separate discussion.
Councilmember Poppaw withdrew item # 13, First Reading of Ordinance No. 053, 2007, Authorizing
the Appropriation of 2007 Fiscal Year Operating and Capital Improvement Funds of the Fort
Collins -Loveland Municipal Airport and Authorizing the Reappropriation of Unspent and
Unencumbered Funds from 2006 from the Consent Calendar.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the January 16 2007 February 6 2007 and
February 20, 2007 Regular Meetings and the Adjourned Meeting of February 27 2007
7. Second Reading of Ordinance No. 046 2007 Appropriating Unanticipated Revenue in the
General Fund for E911 and Emergency Medical Dispatch Systems at Fort Collins Police
Services Dispatch Center.
This Ordinance, unanimously adopted on First Reading on March 20, 2007, appropriates the
funds provided to Fort Collins Police Services by Larimer Emergency Telephone Authority
(LETA) to purchase equipment, train users and maintain equipment for Emergency Services
Dispatching. The total amount to be appropriated is $59,445.
8. Second Reading of Ordinance No 047 2007 Appropriating Funds for the Harmony and
Ziegler Roads Front Range Village Improvements Project.
This Ordinance, unanimously adopted on First Reading on March 20, 2007, appropriates
funds for arterial street improvements to support the development of the Front Range
Village. There are extensive improvements planned for Harmony Road to widen it to a 6-
lane arterial from Timberline to Ziegler, including the construction of a new signalized
intersection at Harmony and Corbett. There are also extensive improvements planned for
the Ziegler/Harmony intersection, including widening it to a 4-lane arterial between Harmony
and Horsetooth.
9. Second Reading of Ordinance No. 048, 2007, Authorizing the Conveyance of a P=etual
Easement for a Sanitary Sewer Line and Temporary Construction Easement for the Registry
Ridge, 5th Filing PDP Project.
The City owns a tract of land in the Registry Ridge development that was dedicated as a
future park site. The developer of Registry Ridge, 5th Filing PDP, Lennar Colorado, LLC,
wishes to acquire an 8,850 square foot easement for a sanitary sewer line and a 10,256 square
foot temporary construction easement through the future park site for the benefit of the
development. The City will be able to use this same line for the restroom planned for
construction in the park at a future date. This Ordinance, unanimously adopted on First
Reading on March 20, 2007, authorizes the conveyance of these easements.
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10. Items Relating to Adoption of the North College Corridor Plan
A. Second Reading of Ordinance No. 049, 2007, Amending the Zoning Map of the City
of Fort Collins by Changing the Zoning Classification for that Certain Property
Known as the Conifer Street Rezoning.
B. Second Reading of Ordinance No. 050, 2007, Amending Division 4.19 of the Land
Use Code by Adding Large Retail Establishments to the List of Permitted Uses.
The updated North College Corridor Plan (NCCP) was adopted by Resolution 2007-032 on
March 20, 2007. Ordinance No. 049, 2007, unanimously adopted on First Reading on March
20, 2007, rezones nine parcels of land containing approximately 4.1 acres located along the
north side of Conifer Street and just west of Redwood Street to conform with the updated
NCCP.
The Plan recommends a specific change to Permitted Uses in the Community Commercial -
North College zone district (C-C-N zone). The change would add Large Retail
Establishments to the C-C-N zone. Ordinance No. 050, 2007, unanimously adopted on
March 20, 2007 adopts this change to the Land Use Code.
11. Second Reading of Ordinance No. 051, 2007 Authorizing the Lease of a Portion of the
Resource Recovery Farm for Agricultural Use.
This Ordinance, unanimously adopted on First Reading on March 20, 2007, authorizes an
agricultural lease on approximately 110 acres located within the Resource Recovery Farm
for a period of time starting January 1, 2007 and ending December 31, 2011.
12. First Reading of Ordinance No. 052 2007 Appropriating Prior Year Reserves in the General
Fund for Police Seizure Activity.
Nearly 100 years ago, the Colorado Legislature passed legislation allowing for the seizure
of illegal contraband used in or gained from criminal activity. The intent is to deter crime and
to recover proceeds gained through criminal conduct and apply those assets to defraying the
costs of law enforcement.
Asset seizure and forfeiture actions are civil cases that have been reviewed, filed, and
pursued by the District Attorney's asset forfeiture specialist, and they are always
accompanied by a parallel criminal prosecution. The defendant is served with a written
summons, an affidavit detailing probable cause, and an advisement of legal rights and
procedures for exercising due process. The defendant is entitled to a civil trial.
Colorado state law requires that the proceeds from successful asset seizure and forfeiture
actions be used for law enforcement purposes and that the governing body of the seizing
agency appropriates these proceeds to supplement the seizing agency's budget or, in the
alternative, forfeit the proceeds to the general fund of the State of Colorado. Colorado state
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April 17, 2007
law also authorizes the creation of a Forfeiture Committee which must consist of the Mayor,
District Attorney and Chief of Police, or their designees. The Committee oversees and
approves the seizure budget and spending decisions made by the Chief of Police.
13. First Reading of Ordinance No. 053, 2007 Authorizingthe Appropriation of 2007 Fiscal
Year Operating and Capital Improvement Funds of the Fort Collins -Loveland Municipal
Airport and Authorizing the ReWropriation of Unspent and Unencumbered Funds from
2006.
The 2007 annual operating budget for the Airport totals $580,170, and will be funded from
Airport operating revenues, contributions from the Cities of Fort Collins and Loveland, and
interest earnings. This Ordinance appropriates the City of Fort Collins' contribution, which
is a 50% share of the 2007 Airport budget and totals $290,085.
This Ordinance also appropriates the City of Fort Collins' 50% share of capital funds,
totaling $550,250, for the Airport from federal and state grants; passenger charges;
contributions from Fort Collins and Loveland; and the Airport General Fund. The 2007
Airport capital funds, totaling $1,100,500, will be used to construct improvements taxiway
improvements, purchase a storage building for Airport equipment, rebuilding
directional/informational signs along the Airport's entrance road, and minor equipment
purchases.
In addition, this Ordinance reappropriates the City's 50% share of unspent and
unencumbered funds, totaling $1,089,000, for various Airport Improvements, not completed
as of the end of the year 2006. The reappropriated funds, totaling $2,178,000, will be used
for ramp/taxiway Alpha rehabilitation ($1,924,770), runway fog seal and markings repainting
($181,520), FAA Master Plan Update ($33,100), Airport fire fighting equipment ($17,760),
and other minor improvements ($20,850). The reappropriated amounts will be funded from
federal dollars, totaling $1,942,530, and Fort Collins -Loveland Airport prior year reserves,
totaling $235,470.
14. Items Relating to Civil Infraction Penalties Anneals and Abatement Assessments
A. First Reading of Ordinance No. 054, 2007, Amending the City Code by Adding a
New Section to Chapter 24, Article II, Division 1 Establishing Penalty for Snow
Removal Violations.
B. First Reading of Ordinance No. 055, 2007, Amending the City Code Pertaining to the
Appeal of Municipal Referee Orders Regarding Abatement Assessments.
In December of 2006, Council adopted Ordinance No. 198, 2006, which decriminalized
certain nuisance provisions of the City Code. Prior to the adoption of that ordinance, nearly
all City Code violations were classified as criminal misdemeanors punishable by six months
jail and/or $1,000 fine. Ordinance No. 198, 2006, reclassified many nuisance provisions
from criminal to civil violations in an effort to ensure greater compliance and more effective
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enforcement of Code provisions that affect livability of City neighborhoods. One ordinance
provision, Section 24-21, relating to snow removal, was inadvertently omitted from this
decriminalization. By adding a new Section 24-22 through the adoption of Ordinance No.
054, 2007, an initial violation of Section 24-21 will be a civil infraction rather than a
criminal misdemeanor.
Ordinance No. 198, 2006, also provided for the Municipal Court Referee to hear civil
infraction violations and review abatement costs assessed by the City. The amendments
proposed by Ordinance No. 055, 2007, clarify the process for appealing referee judgments
on civil infraction cases and also provide parameters for the referee to use in deciding the
propriety of abatement cost assessments by the City in particular cases.
15. First Reading of Ordinance No. 056. 2007 Amending Certain Sections of the Cites
Relating to Corporate Liability and Individual Liability for Corporate Conduct
Under the current provisions of the City Code, a business entity's accountability for behavior
which is in violation of the Code is dependent upon whether the entity is a "corporation".
The term "corporation" is not defined in the City Code. Staff recommends that the Code be
amended to clarify that what is presently referred to as "corporate" liability should actually
apply to liability on the part of any kind of business entity.
16. First ReadineofOrdinance No. 057,2007.Authorizingthe ConveLanceofTwoSmall Tracts
of Land Located in the Bobcat Ridge Natural Area to Philip and Connie Sprague
During the acquisition ofthe Bobcat Ridge Natural Area, which involved a series ofpurchase
and sale transactions, it was discovered that the fence line of the neighboring parcel, owned
by Philip and Connie Sprague, encroached on the Natural Area property according to the
legal description. As an effort to resolve this issue and clearly define the boundaries of the
Natural Area, Natural Resources Department staff recommends that the City recognize the
fence line as the property line and convey the two small areas of encroachment to the
Spragues. The two tracts are 1.84 acres and .50 acres in size.
17. Items Relating to the Rigden Farm, Tract A Rezoning and Structure Plan Amendment
A. Resolution 2007-037 Amending the City's Structure Plan Map.
B. Hearing and First Reading of Ordinance No. 058, 2007, Amending the Zoning Map
of the City by Changing the Zoning Classification for That Certain Property Known
as the Rigden Farm Tract A Rezoning.
This is a request to amend the City Structure Plan and zoning map on a 4.5 acre parcel
located at the southeast corner of South Timberline Road and Custer Drive, in the Rigden
Farm development. The current City Structure Plan designation is Medium Density Mixed -
Use Neighborhood, with zoning the corresponding MMN - Medium Density Mixed -Use
Neighborhood District. The applicant proposes a Structure Plan amendment on 4.5 acres to
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Neighborhood Commercial Center. The proposed zoning is the NC - Neighborhood
Commercial District.
The property is currently in the City's Residential Neighborhood Sign District and should
remain in the District; therefore, an amendment to the District map would not be necessary.
18. Items Relating to the Kinard Junior High School Annexation and Zoning~
A. Resolution 2007-038 Setting Forth Findings of Fact and Determinations Regarding
the Kinard Junior High School Annexation.
B. Hearing and First Reading of Ordinance No. 059, 2007, Annexing Property Known
as the Kinard Junior High School Annexation to the City of Fort Collins, Colorado.
C. Hearing and First Reading of Ordinance No. 060, 2007, Amending the Zoning Map
of the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Kinard Junior High School Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 27.18 acres in
size. The site is 3002 East Trilby Road, located approximately one-half mile south of
Kechter Road on the west side of Ziegler Road. Contiguity with the existing municipal
boundary is gained along the entire east boundary which is shared with the Fossil Lake
Annexation No. 2. Contiguity is also gained along a portion of the north boundary which is
shared with the Homestead Annexation.
19. Resolution 2007-039 Authorizing the Lease of City -owned Vacant Land Located at the
Southwest Corner of East Prospect Road and Interstate 25 for 0 to Two Years
This property was transferred in 2006 to the General Fund. The City does not have an
immediate need identified for this tract.
This lease authorizes an agricultural lease on approximately 25 acres for a period of one year
with the City having the option to renew for an additional year. The Lessee will be allowed
to farm the 25 acres in row crop, such as corn. The Lessee will be responsible for
controlling noxious and toxic plants found within the leased area. The Lessee will also be
responsible for costs associated with producing the crop including all costs of tillage, seeds,
seeding, fertilizer, irrigation management, weed management, and harvesting. The Lessee
will have the use of adjudicated wells located on the Property. In addition, this lease will
transfer the responsibility of weed control and other maintenance work on the agricultural
land to the farming Lessee. Leasing the property for agriculture production reduces
management and maintenance costs by the General Fund.
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April 17, 2007
20. Resolution 2007- 040 Submittine the Existing Conditions Survey and Foothills Mall Urban
Renewal Plan to the Planning and Zoning Board and the Poudre School District Board of
Education. and Ratifying the Submittal of the Plan and Survey to the Larimer County Board
of Commissioners.
At the March 27, 2007 work session, the Council provided direction to staff to take the
necessary steps to bring forward an Urban Renewal Plan for the Foothills Mall area. One of
the steps required by Colorado's Urban Renewal Law is for the Council to formally submit
the Foothills Mall Urban Renewal Plan to the Planning and Zoning Board for its review and
recommendation regarding the Foothills Mall Urban Renewal Plahs conformance with City
Plan, which is the general plan for development of the municipality as a whole. The Council
must also allow the Poudre School District and Larimer County to "participate in an advisory
capacity." On April 11, 2007, the staff submitted the proposed Plan and Existing Conditions
Survey to the Board of the County Commissioners as required pursuant to C.R.S. 31-25-
107(3.5)(a).
The Planning and Zoning Board is scheduled to review the proposed Foothills Mall Urban
Renewal Plan and Existing Conditions Survey on April 19, 2007. The Council is scheduled
to conduct a public hearing and consider resolutions approving the Foothills Mall Existing
Conditions Survey (a.k.a `Blight Study") and the Foothills Mall Urban Renewal Plan on
May 15, 2007. Adoption of Resolution 2007-040, referring the Foothills Mall Urban
Renewal Plan and Existing Conditions Survey to the Planning and Zoning Board and to the
other respective bodies, does not commit the Council to approving the Existing Conditions
Survey and Urban Renewal Plan for the Foothills Mall area at the May 15th meeting.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
Second Reading of Ordinance No. 046, 2007, Appropriating Unanticipated Revenue in the
General Fund for E911 and Emergency Medical Dispatch Systems at Fort Collins Police
Services Dispatch Center.
8. Second Reading of Ordinance No. 047, 2007, Appropriating Funds for the Harmony and
Ziegler Roads Front Range Village Improvements Project.
9. Second Reading of Ordinance No. 048, 2007, Authorizing the Conveyance of a Perpetual
Easement for a Sanitary Sewer Line and Temporary Construction Easement for the Registry
Ridge, 5th Filing PDP Project.
10. Items Relating to Adoption of the North College Corridor Plan.
A. Second Reading of Ordinance No. 049, 2007, Amending the Zoning Map of the City
of Fort Collins by Changing the Zoning Classification for that Certain Property
Known as the Conifer Street Rezoning.
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April17, 2007
B. Second Reading of Ordinance No. 050, 2007, Amending Division 4.19 of the Land
Use Code by Adding Large Retail Establishments to the List of Permitted Uses.
11. Second Reading of Ordinance No. 051, 2007, Authorizing the Lease of a Portion of the
Resource Recovery Farm for Agricultural Use.
Ordinances on First Reading were read by title by City Clerk Krajicek.
12. First Reading of Ordinance No. 052, 2007, Appropriating Prior Year Reserves in the General
Fund for Police Seizure Activity.
13. First Reading of Ordinance No. 053, 2007, Authorizing the Appropriation of 2007 Fiscal
Year Operating and Capital Improvement Funds of the Fort Collins -Loveland Municipal
Airport and Authorizing the Reappropriation of Unspent and Unencumbered Funds from
2006.
14. Items Relating to Civil Infraction Penalties, Appeals and Abatement Assessments.
A. First Reading of Ordinance No. 054, 2007, Amending the City Code by Adding a
New Section to Chapter 24, Article II, Division 1 Establishing Penalty for Snow
Removal Violations.
B. First Reading of Ordinance No. 055, 2007, Amending the City Code Pertaining to the
Appeal of Municipal Referee Orders Regarding Abatement Assessments.
15. First Reading of Ordinance No. 056, 2007, Amending Certain Sections of the City Code
Relating to Corporate Liability and Individual Liability for Corporate Conduct.
16. First Reading of Ordinance No. 057, 2007, Authorizing the Conveyance ofTwo Small Tracts
of Land Located in the Bobcat Ridge Natural Area to Philip and Connie Sprague.
17. Hearing and First Reading of Ordinance No. 058, 2007, Amending the Zoning Map of the
City by Changing the Zoning Classification for That Certain Property Known as the Rigden
Farm Tract A Rezoning.
18. Items Relating to the Kinard Junior High School Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 059, 2007, Annexing Property Known
as the Kinard Junior High School Annexation to the City of Fort Collins, Colorado.
C. Hearing and First Reading of Ordinance No. 060, 2007, Amending the Zoning Map
ofthe City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Kinard Junior High School Annexation to the City of Fort Collins, Colorado.
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April 17, 2007
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt and approve
all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson,
Manvel, Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Roy questioned why Item #17Items Relating to the Rigden Farm, Tract A, Rezoning
and Structure Plan Amendment, was on the Planning and Zoning Board's Consent Agenda and not
discussed as changes to the structure map and zoning map were important issues and needed to be
considered carefully. Steve Olt, City Planner, stated this item had been on discussion on the
Planning and Zoning Board's agenda, but as there was no public objection to the rezoning at the
public hearing on March 15, 2007, the Board chose to move the item to Consent as the Board had
no concerns and voted unanimously to approve the rezoning. Historically, structure plan
amendments and zoning amendments are not on the Planning and Zoning Board's Consent Agenda,
but are usually on discussion.
Councilmember Roy stated changes to the structure map should not be done lightly and due
consideration should be given to each proposed change.
Councilmember Reports
Councilmember Manvel stated the "Ram Ride" Event was an enjoyable experience. The "Ram
Ride"uses rental cars and volunteer drivers to drive people home from downtown who are not able
to drive themselves home late at night, due to inebriation. This service helps keep Fort Collins and
the campus community safe.
Ordinance No. 053, 2007,
Authorizing the Appropriation of 2007 Fiscal Year Operating
and Capital Improvement Funds of the Fort Collins -Loveland
Municipal Airport and Authorizing the Reappropriation
of Unspent and Unencumbered Funds from 2006 Adopted on First Reading
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
This Ordinance appropriates the City's 50% share ($840, 335) of the annual appropriation for the
fiscal year 2007 Fort Collins -Loveland Municipal Airport (the `Airport') budget. The City of
Loveland manages the Airport's budget and finances, but since the City of Fort Collins owns 50%
of the Airport, it is necessary for the City to appropriate its 50% portion of the Airport budget. In
addition, this Ordinance authorizes the reappropriation of the City's 50% share of unspent and
unencumbered funds at the end of 2006, totaling $1,089,000, to be used for various Airport
Improvements.
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EXECUTIVE SUMMARY
The 2007 annual operating budget for the Airport totals $580,170, and will be funded from Airport
operating revenues, contributions from the Cities of Fort Collins and Loveland, and interest
earnings. This Ordinance appropriates the City of Fort Collins' contribution, which is a 50% share
of the 2007 Airport budget and totals $290, 085.
This Ordinance also appropriates the City of Fort Collins' 50% share of capital funds, totaling
$550,250, for the Airportfromfederal and state grants; passenger charges; contributions from Fort
Collins and Loveland; and the Airport General Fund. The 2007 Airport capital funds, totaling
$1,100,500, will be used to construct improvements taxiway improvements, purchase a storage
building for Airport equipment, rebuilding directional/informational signs along the Airport's
entrance road, and minor equipment purchases.
In addition, this Ordinance reappropriates the City's 50% share of unspent and unencumbered
funds, totaling $1,089,000, for various Airport Improvements, not completed as of the end of the
year 2006 The reappropriated funds, totaling $2,178, 000, will be used for ramp/taxiway Alpha
rehabilitation ($1, 914, 770), runwayfogseal and markings repainting ($181,520), FAA Master Plan
Update ($33,100), Airport firefighting equipment ($17,760), and other minor improvements
($20,850). The reappropriated amounts will be funded from federal dollars, totaling $1,942,530,
and Fort Collins -Loveland Airport prior year reserves, totaling $235,470.
BACKGROUND
In 1963, the City of Fort Collins and the City of Loveland agreed to the establishment ofa regional
aviation facility and became owners and operators of the Fort Collins -Loveland MunicipalAirport,
located approximately 16 miles southeast of downtown Fort Collins, just west of Interstate 25 on
Earhart Road. The Airport is operated as a joint venture between the City of Fort Collins and the
City of Loveland, with each city retaining a 50% ownership interest, sharing equally in policy -
making and management, and with each assuming responsibility for 50% of the capital and
operating costs associated with the Airport.
The Airport's mission is to provide a safe and efficient air transportation airport facility to the
general public and aviation community by providing airport facilities that meet Federal Aviation
Administration (`FAA') safety standards and to implement a plan that ensures the efficient
development of the Airport to meet the needs of the Fort Collins and Loveland communities.
Airport revenues cover operating costs and capital projects. Each city contributes equal funding
for airport operating and capital costs. Airport development and improvement funds are also
received, for eligible projects, from the FAA and the Colorado Department of Transportation,
Division of Aeronautics.
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The annual operating costs for 2007 for the Airport are $580,170, and the City of Fort Collins
contribution is $290,085.
Inaddition, theAirportManagerisrecommending additional capital expenditures andhasidentifed
the following funding sources:
FAA Entitlement and Discretionary Grants
State Grants
Contributions - Fort Collins and Loveland
$1, 000, 000
25,000
75,500
Total $1,100,500
The additional capital expenditures will be for the following improvements:
Taxiway Improvements $ 1, 053, 000
Storage Building for Airport Equipment 32,000
Directional/Informational Signage 8,000
Minor Equipment Purchases 7,500
Total $1,100,500
Thus, the City of Fort Collins' appropriation for the capital expenditures identified above is
$550,250 (50%of the total).
The Airport Manager also recommends reappropriating unspent and unencumberedfunds, totaling
$2,178, 000, from 2006 to be used for Airport Improvements as follows:
Ramp/Taxiway Alpha Rehabilitation
$1,924,770
Runway Fog Seal and Markings Repainting
181,520
FAA Master Plan Update
33,100
Airport Fire Fighting Equipment
17,760
Airfield Lighting Control System
9,780
Electrical Repairs to Gates
7,660
Building Surveys
1,880
Diesel Storage
1.530
Total
$ 2,178,000
The aforementioned improvements will be funded from the following:
Federal Airport Funds $1, 942, 530
Fort Collins -Loveland Airport Prior Year Reserves 235.470
Total $ 2,178, 000
The City's share (50%) of the reappropriation items identified above is $1, 089, 000. "
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City Manager Atteberry stated the Airport has a Steering Committee that meets monthly to discuss
airport strategic planning, policy and operational issues. The City's representatives on that Steering
Committee are the Mayor and the City Manager. Loveland's Mayor and City Manager are also on
the Steering Committee. Mike Freeman, Economic Advisor and staff liaison to the Airport Steering
Committee, stated the Airport is jointly owned by the Cities of Loveland and Fort Collins. There
is an intergovernmental agreement that outlines how the Airport is to be managed. The City's
contribution to the Airport budget is $60,000 as outlined in the IGA. The Airport also receives a
substantial subsidy from the Federal Aviation Administration (FAA) as well as funds from the State.
This item appropriates dollars received from the FAA and the State for operating expenses and
capital projects. The 2008-2009 budget will include the Airport as an item under Transportation to
make Airport funding more transparent.
Councilmember Roy stated the Cities of Loveland and Fort Collins, the FAA and the State contribute
revenues to the Airport and asked if the Airport itself generated any revenue. Freeman stated both
the City of Loveland and City of Fort Collins each contributed general fund revenues of $60,000 for
the operation of the Airport for a total of $120,000. Actual operating expenses are much higher and
Federal and state dollars makes up the difference for those costs.
Councilmember Roy asked if every aspect of operating cost was subsidized. Freeman answered in
the affirmative, above $120,000. Operating expenses were rising above even what is subsidized by
the Federal and State governments and the Airport will be asking Council to consider a request for
additional operating funds.
Councilmember Roy asked if the only portion of the Airport's budget that Council could affect was
the $60,000 contribution from the General Fund. Freeman answered in the affirmative.
Councilmember Troxell stated the Airport is an underutilized economic asset for Northern Colorado
and it could be an important part of the economic "engine" for Fort Collins. City Manager Atteberry
stated there is interest in better utilizing the Airport as an economic asset for the area. However,
finding the balance between utilizing the asset and the community's sensitivity to aircraft flying over
areas of the City, particularly commercial aircraft, is an ongoing challenge.
Councilmember Troxell asked if the Airport Steering Committee, with the current set-up, was able
to develop the Airport towards becoming a greater asset. City Manager Atteberry stated the
governance structure currently in place has been bureaucratic and slow to respond in terms of having
both communities go through the review process and ways to improve the process will be examined.
Mayor Hutchinson stated Council has had several work sessions on the Airport and has also had a
work session and has adopted the Strategic Plan, so Council has had in-depth involvement with the
Airport but there is always room for improvement in the decision -making process. It is more
difficult as there are two governments involved in the decision -making.
Councilmember Manvel stated having the 2008-2009 budget list the Airport expenditure as an item
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was making the budgeting process more transparent. Making the Airport funds that are coming from
the City's General Fund more obvious was helping the budget process.
City Manager Atteberry stated during the last budget it was a major effort to do Budgeting for
Outcomes for the City's various funds, General Fund and Enterprise Funds. Poudre Fire Authority's
Board has agreed to participate in the City's BFO process for the next budget and that is a
multimillion dollar budget item. The Airport, as a jointly owned facility, has significantly less
discretion in how dollars are spent.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Ordinance No.
053, 2007 on First Reading. Yeas: Brown, Hutchinson, Manvel, Poppaw, Roy and Troxell. Nays:
None.
THE MOTION CARRIED.
Resolution 2007- 040
Submitting the Existing Conditions Survey and Foothills Mall
Urban Renewal Plan to the Planning and Zoning Board and the
Poudre School District Board of Education, and Ratifying the
Submittal of the Plan and Survey to the Larimer
County Board of Commissioners Adonted
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
At the March 27, 2007 work session, the Council provided direction to staff to take the necessary
steps to bring forward an Urban Renewal Plan for the Foothills Mall area. One of the steps
required by Colorado's Urban Renewal Law is for the Council to formally submit the Foothills Mall
Urban Renewal Plan to the Planning and Zoning Board for its review and recommendation
regarding the Foothills Mall Urban Renewal Plan's conformance with City Plan, which is the
general plan for development of the municipality as a whole. The Council must also allow the
Poudre School District and Larimer County to 'participate in an advisory capacity. " On April 11,
2007, the staff submitted the proposed Plan and Existing Conditions Survey to the Board of the
County Commissioners as required pursuant to C.R.S. 31-25-107(3.5)(a).
The Planning and Zoning Board is scheduled to review theproposed Foothills Mall Urban Renewal
Plan and Existing Conditions Survey on April 19, 2007. The Council is scheduled to conduct a
public hearing and consider resolutions approving the Foothills Mall Existing Conditions Survey
(a.k.a "Blight Study') and the Foothills Mall Urban Renewal Plan on May 15, 2007. Adoption of
Resolution 2007-040, referring the Foothills Mall Urban Renewal Plan and Existing Conditions
Survey to the Planning and Zoning Board and to the other respective bodies, does not commit the
Council to approving the Existing Conditions Survey and Urban Renewal Plan for the Foothills Mall
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area at the May 15th meeting.
BACKGROUND
In 1982, the Fort Collins City Council created an Urban Renewal Authority (URA) and designated
itself as the governing board (known as the 'Authority'). The boundaries of the URA are the
municipal limits. The Fort Collins URA was created to prevent and eliminate conditions related to
certain "blight factors " in the community. State Statutes give the URA broad powers to carry out
its statutory mandate. Included are the powers to enter into contracts, borrow funds and acquire
property voluntarily or by eminent domain, among others. Urban renewalprojects may befinanced
in a variety of ways. URAs are authorized to borrow money, issue bonds, and accept grants from
public or private sources. The principal method of financing urban renewal projects is through
obligations secured by property tax or sales tax increments from the project area ("tax increment
financing'). An URA exercises its powers by planning and carrying out urban renewal plans in
urban renewal areas.
In 2004, the City Council adopted an update to City Plan, the City's Comprehensive Plan. Principle
GM-8 of City Plan states the following:
The City will promote compatible infzll and redevelopment in areas within the
Growth Management Area boundary.
And, Policy GM-8.1 of City Plan states the following:
Targeted Redevelopmendlnfill. Redevelopment and infill development will be
encouraged in targeted areas. The purpose of these areas is to channel growth
where it will be beneficial and can best improve access to jobs, housing and services
with fewer and shorter auto trips. The targeted areas are parts of the city where
general agreement exists that development or redevelopment is beneficial. A major
goal is to increase economic activity in the area to benefit existing residents and
businesses and, where necessary, provide the stimulus to redevelop.
These areas should be definedfrom CityPlan, Subarea Plans, Zoning and locational
criteria such as:
a. Underutilized land
b. Areas already undergoing positive change, which is expected to continue
C. Areas where infrastructure capacity exists
d. Areas where public investment is warranted from a policy perspective
e. Areas with special opportunities, such as where major public or private
investment is already planned
f. Transportation opportunities:
• Along travel corridors
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Along enhanced travel corridors
City Plan also contains a map (copy attached) which depicts "Targeted Redevelopment Areas" in
the Growth Management Area boundary. The Foothills Mall (Area #6) is one of the Targeted
Redevelopment Areas.
Other selected policies of City Plan include the following:
Policy GM-8.4 Remedy Infrastructure Deficiencies The City will consider
opportunities to selectively correct infrastructure deficiencies in targeted
areas, such as storm drainage and streets, so that infill development or
redevelopment does not pay an infrastructure 'penalty" to remedy past
problems in existing developed areas.
Policy GM-8.5Public Investment. The City will consider opportunities, and
the costs and benefits for targeted public investment in order to encourage
redevelopment and infill development in appropriate locations.
Policy ECON-1.5 Maintain and Expand City Revenue Base. The City will
ensure that commercial uses that generate the sales and use tax revenues
which support the City's financial base are maintained and expanded. The
City will also explore other options to expand and diversify its revenue base,
including targeted annexations ofexisting commercial corridors, such as the
Mulberry Corridor, as well as revenue sharing agreements with other
communities.
a. The City will assist in identifying and preserving key undeveloped
parcels in appropriate locations for additional commercial activity.
b. The City will seek to strengthen existing commercial districts, such
as the Downtown, North College, Campus West, and the Foothills
Mall.
C. The City will seek to maintain and enhance its attractiveness as a
place to do business in order to maintain its share of the region's
sales and use tax base.
In addition to the policies of City Plan, the Foothills Mall redevelopment is identified in the City's
Economic Action Plan as the "single most important retail redevelopment initiative in the City. "
This plan also identified establishment of an urban renewal plan as the "most effective manner for
the City to assist in the redevelopment" of the mall.
In early 2005, the City was approached by the General Growth Properties, the owners of the
Foothills Mall, to recognize the mall as an urban renewal project area and to create an urban
renewal plan for it. Before an urban renewal plan for this area can be approved, the area must be
found by the City Council to be a "blighted area " as defined in State Statutes. The City obtained
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the services ofa private consultant, Terry Ware Associates of Denver, to develop the Foothills Mall
Existing Conditions Survey. Staffand General Growth Properties have developed the Foothills Mall
Urban Renewal Plan. Before the City Council can officially approve the Urban Renewal Plan, the
State law on Urban Renewal Authorities, specifically Colorado Revised Statutes 31-15-107 (2),
requires the Council to formally submit the Urban Renewal Plan to the Planning and Zoning Board
for its review and recommendation as to the Urban Renewal Plan's conformity with City Plan, the
City's Comprehensive Plan, which is the general plan for development of the municipality as a
whole.
By adopting Resolution 2007-040 the Council will formally submit the Foothills Mall Urban
Renewal Plan and Existing Conditions Survey to the Planning and Zoning Board and the Poudre
School District Board of Education, and will ratify the April11, 2007, submission by the staffof the
proposed Plan and Existing Conditions Survey to the Board of County Commissioners of Larimer
County. These submittals request review by the County and the school district and with respect to
the Planning and ZoningBoard, requests a written recommendation as to the Plan 's conformity with
City Plan. Adoption of Resolution 2007-040 does not commit the Council to approve the Foothills
Mall Urban Renewal Plan at this time. "
Mike Freeman, Economic Advisor, stated the Foothills Mall opened in 1973 and has been a
successful mall for many years. On average, a mall needs remodeling after 20 years and Foothills
Mall has gone 10 years past the average. In 2002, there was a significant downturn in the economy
which caused sales to decline at the Mall which affected sales tax collection, as well. At the same
time, communities surrounding Fort Collins have grown and built their own retail sales tax bases.
The Mall is 34 years old and obsolete, not designed for modem retail sales. It has been an enormous
sales tax producer for the City for many years. Since 2002, overall sales at the Mall have decreased
bymore than 27%, a direct impact of $1.2 million to the City's General Fund. Additionally, the Mall
is consistently listed as the number one concern by other businesses in the City. The City has been
proactive in working with General Growth Properties (GGP), owner of Foothills Mall, to facilitate
a redevelopment. GGP has indicated it is ready to put a redevelopment plan together and that
indicates the City to begin steps to facilitate redevelopment. The site will require a very significant
investment in terms of bringing the site back to modern standards, both for the facility and the
infrastructure. A redevelopment project of this magnitude requires public participation. The
redevelopment of the Mall is consistent with prior Council policy statements and actions from the
Economic Action Plan and in City Plan, which discusses the whole corridor around the Mall as
being a targeted redevelopment area.
Ken Waido, Chief Planner, stated the Foothills Mall Urban Renewal Plan will involve 72 acres,
bounded by Swallow Road on the north, Stanford Road on the east, Monroe Drive on the south and
College Avenue on the west. There are many steps in developing an Urban Renewal Plan, most of
which are dictated by the State's Urban Renewal law. There is a provision in the law that requires
Council to formally submit the Urban Renewal Plan to the Planning and Zoning Board, Latimer
County Commissioners and Poudre School District. The Planning and Zoning Board's task is to
review the Plan and forward a recommendation back to the Council as to its opinion whether or not
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the Plan is consistent with City Plan. At the March 27th work session, Council directed staff to
proceed with the necessary steps to implement the Plan. On April 1 lth, a public Open House,
attended by 75 people, was held to gain information about the Mall. The Planning and Zoning Board
was scheduled to consider the Plan on April 19th. Council will consider adoption of the Existing
Conditions Study and the Foothills Mall Urban Renewal Plan on May 15th. The Plan sets up an area
that is eligible for tax increment financing to be used as a tool to help stimulate private investment
in the area to do redevelopment projects.
Mayor Hutchinson stated formally submitting the Plan to the Planning and Zoning Board was a
required step to begin the process and is not final approval of the Plan. He asked what previous steps
had been taken to bring the Urban Renewal Plan to the current stage in the process as the Plan had
been under consideration for over 18 months. City Manager Atteberry stated he and former
Community Planning Services Director, Greg Byrne, had traveled to Chicago in August 2005 to meet
with the CEO of General Growth Properties so talks have been underway for quite some time.
Enhancing Foothills Mall has been a high priority for the City for the past few years, but the ultimate
decision of when to redevelop of the Mall is in the hands of the owner.
Councilmember Troxell asked ifthe entire propertybeing considered under the Urban Renewal Plan
had one owner. Freeman stated there were multiple property owners on the site. The majority of
the property is owned by GGP, but there are three other property owners, as well. Waido stated one
owner was Sears, another owner was Macy's.
Cynthia Eichler, Foothills Mall General Manager, stated this was a very strategic process and
thanked City staff for the hard work already done.
Councilmember Troxell made a motion, seconded by Councilmember Roy, to adopt Resolution
2007-040.
Councilmember Roy stated this was a great start to redeveloping the Mall.
Councilmember Manvel stated the Existing Conditions Study clearly showed how the Foothills Mall
area met the State requirements for "blight" with poor traffic circulation, poor drainage and possible
flooding conditions, poorly marked parking lots and deteriorating building exteriors. These are the
types of factors defined in State law as factors of "blight".
Mayor Hutchinson stated this was a "good news" story for the City and it was appropriate for the
City to take this step to support the City's economic vision. The Urban Renewal Plan is a good tool
for the redevelopment of this area. In coordination with the County and the School District, it uses
local money, for improvements done under the control of local elected officials.
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The vote on the motion was as follows. Yeas: Brown, Hutchinson, Manvel, Poppaw, Roy and
Troxell. Nays: None.
THE MOTION CARRIED.
Other Business
Mayor Hutchinson welcomed newly seated Councilmembers Lisa Poppaw and Wade Troxell.
The meeting adjourned at 7:05 p.m.
ATTEST:
City Clerk
Adiournment
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