HomeMy WebLinkAboutMINUTES-09/01/2009-RegularSeptember 1, 2009
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, September 1,
2009, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Hutchinson, Kottwitz, Manvel, Olilson, Poppaw, Roy,
and Troxell.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Rick Price, 1925 Wallenberg Drive, expressed concern about bicycle safety and he asked that the
grant funds received from the Colorado Department of Transportation for the "Safe Routes to
Schools" Program be used for bicycle safety and notjust for encouraging children to ride their bikes
to school.
Tom Boardman, 1316 Windjammer Drive, Poudre Landmarks Foundation President, stated the
Foundation's concern that the proposed 2010-2011 City budget contains cuts to the City s Landmark
Preservation program.
Chad Moyer, 900 Marshall Street, asked for more bicycle safety programs to be sponsored by the
City. . .
Stacy Lynne, 221 Park Street, asked for government transparency and answers to her questions
regarding City advertising on a pizza box and other questions she has asked of staff. She stated the
voting record of Councilmember Roy violates individual rights. -
Jacqueline Natrasevschi, 3608 Jaguar Place, expressed concern about students and bicycle safety and
asked the City to add school zones and pedestrian lights around Fort Collins High School and to
educate the public about bicycle safety.
Jane Hail, 1307 Springwood Drive, Poudre Landmarks Foundation, asked that the City retain its
current Historic Preservation staffing.
Carol Tunner, 1400 Wimbledon Court, urged the City to keep the current staffing level in the
Historic Preservation Program.
Laura Fairley-Richardson, 211 East Lake Street, stated she represented the "Can -Do" program; a
coalition to defeat obesity which aims to create an environment that makes being active and eating
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healthy easy decisions to make. The coalition supports the North College Improvements Project
because it promotes bicycling and pedestrian safety.
Leanne Cline, 816 Whedbee Street, spoke in support of the "Safe Routes to School" program and
asked that the program be expanded to all schools.
Ray Martinez, 4121 Stoneridge Court, expressed concern about the increases in utility fees that are
proposed for the 2010-201 l budget and asked for a public hearing concerning the trash district,
utility rates and fees.
Myrne Watrous, 722 West Olive, urged the City to keep the current staffing level in the Historic
Preservation Program.
Al Bacilli, 520 Galaxy, stated the City should not refund vendor fees. He asked how much the City
gives to the Chamber of Commerce for any reason.
Tyne Clifton, 810 West Oak, asked that the grant funds received for the "Safe Routes to School"
program be used strictly for bicycle safety programs.
Scott Slusher, 638 Endicott Street, pledged to make this month a "motor -free" month and he will not
set foot in or use a car or any other motorized transport. He invited Council and the public to join
him in this pledge.
Citizen Participation Follow-up
City Manager Atteberry stated one recommendation in the 2010-2011 budget will be to discontinue
the vendor fee rebate program, which currently refunds about $300,000 to businesses. He noted the
City does not pay a Chamber of Commerce dues or fees. The City may pay some minimal costs for
advertising in the Chamber's magazine. He will provide a list of those costs to Mr. Bacilli.
City Manager Atteberry listed the schedule of upcoming Budget work sessions and public hearings
through September and October. The utility rates and fees will be considered by Council at the
October 20 meeting. The 2010-2011 budget has a 7.5% reduction in revenues and the reduction of
an historic planner position is one cut that has been proposed to help balance the budget. Many other
cuts will also be recommended.
Councilmember Ohlson thanked the citizens who spoke concerning community bicycle safety.
Councilmember Troxell stated many questions raised at a recent meeting held by local trash haulers
showed there is much confusion in the community concerning trash rates and the proposed pilot trash
district. The residents within the proposed trash district have not been contacted by the City and they
have many questions and concerns that have not yet been answered. A public meeting should be
held to address the questions and concerns of citizens.
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Mayor Hutchinson asked ifCouncil agreed to hold a public hearing on November 17, 2009 regarding
the proposed pilot trash district. No vote would be taken at the hearing on November 17, but staff
will know by that time the answers to many questions, such as the cost of trash service within the
district. Council would consider the ordinances relating to the Trash District at the December 1
meeting. The 6,500 households in the pilot trash district will receive notification of the hearing
about 10 days before the hearing.
Councilmember Ohlson stated staff needs to give a presentation on November 17 to present facts
about the pilot trash district. Councilmembers should have a few minutes to speak, but the,majority
of the time should be for public input. He did not, support a mailing to notify the households within
the trash district because the City does not routinely notify the public of hearings on controversial
issues and it is too expensive to do such a mailing.
Councilmember Manvel supported an additional hearing on the pilot trash district on November 17.
Councilmember Roy supported holding an additional hearing on November 17 but did not support
mailing postcard notification because the mailing would not be effective and too expensive.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
Ray Martinez, 4121 Stoneridge Court, pulled Item # 12 First Reading of Ordinance No. 088, 2009,
Adopting Updated Rules and Regulations Governing Grandview and Roselawn Cemeteries to Alloiv
Green Burials at Roselawn and to Make Minor Language Improvements.
Councilmember Poppaw pulled Item #6 Second Reading of Ordinance No. 082, 2009, Appropriating
Unanticipated Grant Revenue in the Transportation Services Fund to Fund the 2009-2010 Safe
Routes to School Project.
Councilmember Ohlson pulled Item # 11 First Reading of Ordinance No. 087, 2009, Appropriating
Prior Years Reserves in the Downtown Development Authority Fund for Expenditure on Projects
in Accordance with the Downtown Plan of Development.
CONSENT CALENDAR
6. Second Reading of Ordinance No. 082, 2009, Appropriating Unanticipated Grant Revenue
in the Transportation Services Fund to Fund the 2009-2010 Safe Routes to School Project.
The City of Fort Collins Transportation Planning Department has received a federal grant
through the Colorado Department of Transportation (CDOT) for the FY 2009-10 Safe Routes
to School (SRTS) Program. This program will target students, parents, and teachers at
Bennett IB World School, Dunn IB World School, McGraw IB World School, Tavelli
Elementary, and Lesher Middle School in a collaborative effort to increase the numbers of
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September 1. 2009
children bicycling and walking to school. This Ordinance, unanimously adopted on First
Reading on August 18, 2009, appropriates the funds from this grant.
7. Second Reading of Ordinance No 083 2009 Vacating a Portion of Right-of-way as
Dedicated on the Plat of Indian Hills Subdivision, First Filing.
This Ordinance, unanimously adopted on First Reading on 'August 18, 2009, vacates a
portion of right-of-way located in the Indian Hills Subdivision, First Filing, at the southeast
corner of East Stuart Street and Stover Street. A 10.01 foot strip of property, identified on
the plat as a "crosswalk," was dedicated to the City as a right-of-way between Lots 6 and 7,
to connect Indian Hills Park to Cherokee Drive. The City Parks Department has no plans to
construct a sidewalk connection on this narrow strip of land since there is satisfactory access
to the Park and the connection is not necessary. The adjacent property owners have also been
contacted and report no objection to the vacation.
8. Second Reading of Ordinance No 084 2009 Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related
to the East Drake Road and South Lemay Avenue Intersection Improvements Project.
The East Drake Road and South Lemay Avenue Improvements Project is scheduled to begin
in 2010. The Project requires the acquisition of various real property interests from two
different properties which are located at the northeast corner of the intersection. Since the
Project will be funded through the Congestion Mitigation and Air Quality (CMAQ) Program,
all aspects of the Project, including property acquisitions, must comply with procedures for
federally funded projects. Given the recommended construction schedule for the Project and
the fact that the acquisitions must be conducted under procedures for federally funded
projects, timely acquisition of the property interests is necessary. This Ordinance,
unanimously adopted on First Reading on August 18, 2009, authorizes the use of eminent
domain for all property acquisitions, if such action is necessary.
9. Postponement of Second Reading of Ordinance No. 085 2009, Authorizine the Lease of
City -Owned Property at 1506A West Horsetooth Road For Up To Five Years to October 6,
2009.
The City has leased this property since 2003 and desires to continue leasing the property.
This Ordinance, unanimously adopted on First Reading on August 18, 2009, will allow the
City to keep the property rented for up to five years. This item is being postponed to October
6, 2009, to give staff time to work with a neighboring property owner to resolve certain
property and tenant concerns.
10. Second Reading of Ordinance No. 086 2009 Authorizing the Lease of City -Owned Property
at 3620 Kechter Road for Up to Five Years.
The City has leased the property located at 3620 Kechter since 2002 and desires to continue
leasing the property. This Ordinance, unanimously adopted on First Reading on August 18,
2009, will allow the City to keep the property rented for up to five years.
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11. First Reading of Ordinance No. 087. 2009, Appropriating Prior Years Reserves in the
Downtown Development Authority Fund for Expenditure on Projects in Accordance with
the Downtown Plan of Development.
This Ordinance appropriates unanticipated revenue from interest earnings in the amount of
$332,044, from project savings in the amount of $1,555,249; and from the transfer of funds
from projects not currently ready for reimbursement to projects or programs that are ready
in the amount of $1,614,085. The Downtown Development Authority (DDA) Board has
authorized the expenditure on the various projects and programs.
12. First Reading of Ordinance No. 088, 2009, Adopting Updated Rules and Regulations
Governing Grandview and Roselawn Cemeteries to Allow Green Burials at Roselawn and
to Make Minor Language Improvements.
The community interest in green burials is growing. Green burials are burials without
embalming, without a burial vault, using a casket made of non -toxic, biodegradable material
or a biodegradable burial shroud. The surfaces of the graves are unadorned, unirrigated turf
with simple memorial markers. The adoption of this Ordinance changes the Cemetery Rules
and Regulations to allow green burials at Roselawn Cemetery. Unlike Grandview Cemetery,
Roselawn has land that can be dedicated to green burials. The other changes to the Rules and
Regulations are simple housekeeping measures. The last major update was completed in May
2005.
13. First Reading of Ordinance No. 089, 2009, Designating the Paramount CottajZe Camp, 1544
West Oak Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
The owners of the property, Maureen Plotnicki and Stephen Weber, are initiating this request
for Fort Collins Landmark designation for the property at 1544 West Oak Street, historically
called the Paramount Cottage Camp. The property has individual significance to Fort Collins
under Landmark Preservation Standard 1, as a locally rare, representative example of the
tourist camp industry in Colorado, utilized to promote tourism and community growth; and
Standard 3, as an intact example of a cottage camp, embodying the distinctive characteristics
of this unique property type. Built in a vernacular architectural style typical of tourist camps,
the two mirror -image cottage camp buildings retain good integrity.
14. Routine Easements.
Easement for construction and maintenance of public utilities from First National Bank, to
replace electric oil switch, located in the parking lot at 316 South Howes. Monetary
consideration: $10.
***END CONSENT***
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Ordinances on Second Reading were read by title by City Clerk Krajicek.
6. Second Reading of Ordinance No. 082, 2009, Appropriating Unanticipated Grant Revenue
in the Transportation Services Fund to Fund the 2009-2010 Safe Routes to School Project.
7. Second Reading of Ordinance No. 083, 2009, Vacating a Portion of Right-of-way as
Dedicated on the Plat of Indian Hills Subdivision, First Filing.
8. Second Reading of Ordinance No. 084, 2009, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related
to the East Drake Road and South Lemay Avenue Intersection Improvements Project.
10. Second Reading of Ordinance No. 086, 2009, Authorizing the Lease of City -Owned Property
at 3620 Kechter Road for Up to Five Years.
Ordinances on First Reading were read by title by City Clerk Krajicek.
11. First Reading of Ordinance No. 087, 2009, Appropriating Prior Years Reserves in the
Downtown Development Authority Fund for Expenditure on Projects in Accordance with
the Downtown Plan of Development.
12. First Reading of Ordinance No. 088, 2009, Adopting Updated Rules and Regulations
Governing Grandview and Roselawn Cemeteries to Allow Green Burials at Roselawn and
to Make Minor Language Improvements.
13. First Reading of Ordinance No. 089, 2009, Designating the Paramount Cottage Camp, 1544
West Oak Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
19. First Reading of Ordinance No. 090, 2009, Authorizing the Transfer of Existing
Appropriations Between Capital Projects for the North College Improvements Project.
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt and approve
all items not withdrawn from the Consent Calendar.. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson,
Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Staff Reports
City Manager Atteberry recognized Kathy Collier, Climate Wise Program Director, for receiving the
"Women of Influence" recognition from the Northern Colorado Business Report.
City Manager Atteberry noted the community liaison program has been recognized by Leadership
Publication for Student Affairs Administrators in Higher Education, for partnering with CSU for its
party registration program.
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September 1, 2009
Lucinda Smith, Senior Environmental Planner, gave a report on the City's current air quality and
stated the haze in the air for the past few days has been from wildfires burning across the United
States, especially in California; Utah, Colorado, and Canada. Fine particle concentration in Fort
Collins is "moderate," the second -lowest measurement on the scale. The City is not violating any
standards for fine particles or ozone. Citizens can track changes in hourly concentration of fine
particles in the air through tracking available on the City's website.
Councilmember Ohlson asked who sets the standard for fine particles in the air. Smith stated the
Environmental Protection Agency set the range as a uniform standard across the country.
Councilmember Troxell asked who was responsible for the carbon impact and the combustible
accounting from events such as these wildfires. Smith stated the source of fine particles is the
various wildfires, which is different from an industrial source that is tracked and permitted. State
inventories take into account the impacts of wildfires. The carbon particles from the wildfires are
very different from carbon dioxide or methane and other greenhouse gas emissions.
Councilmember Reports
Councilmember Kottwitz thanked the first responders for their quick response to a serious
motorcycle accident that occurred recently.
Mayor Hutchinson stated the Council subcommittee for oversight of the Municipal Judge, comprised
of himself and Councilmember Manvel, met with Judge Lane and discussed budget concerns that
affect the Municipal Court. The Platte River Power Authority Board met to discuss the Windy Gap
Firming Project and he asked that Platte River provide a written report to the Council to address the
issues raised by Council at a work session on the Windy Gap Firming Project and for information
on any alternatives that have been considered.
Items Relating to the North College Improvements Project - Phase II, Adopted
The following is staff s memorandum for this item.
"FINANCIAL IMPACT
The cost estimate to build the fidl improvements along North College Avenue is approximately $12
to S'15 million.
The City currently has approximately $6.2 million in funding available for this project, including
the original Building on Basics (BOB) 114 cent sales tax funding and federal funding from the
Colorado Department of Transportation and the North Front Range Metropolitan Planning
Organization (MPO). Staff is continuing to seek various local, state, and federal solutions to bridge
this funding gap.
Staff is requesting Council approval to transfer the remaining Truck Route project funding in the
amount of $1,830, 944 into the North College Improvements Project Update: Phase II — Vine Drive
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September 1, 2009
to the Hickory/Conifer Intersection. This proposed transfer will allow improvements to extend
firrther north and to maintain the accelerated project schedule for construction to begin in 2011, as
desired by the North Fart Collins Business Association (NFCBA) and local business/property
owners.
This finding request to transfer the approximately S1.8 million in remaining Truck Route funds is
supported by the Transportation Board and staff fi-om various City departments including,
Transportation Planning, Engineering, Finance, City Manager's office; and City Attorney's office.
EXECUTIVE SUMMARY
A. Resolution 2009-082 Approving the Design and Scheduling of the North College
Improvements Project — Phase H.
B. First Reading of Ordinance No. 090, 2009, Authorizing the Transfer of Existing
Appropriations Between Capital Projects for the North College Improvements Project.
The City of Fort Collins is in the final stage of the conceptual design phase for the North College
Corridor Improvements Project — Phase II, from Vine Drive north to the Hickory/Conifer
Intersection. The Project was initiated in accordance with the voter -approved Building on Basics
(BOB) Capital Improvement Program. Additional projectfunding was secured by the Cityfirom the
Colorado Department of Transportation (CDOT) and North Front Range Metropolitan Planning
Organization (MPO).
Staff is seeking Council approval of the North College Improvements Project— Phase II, Vine Drive
to the Hickory/Conifer Intersection Conceptual Design Report, dated September 1, 2009, as well as
the proposed schedule for the Project. The Project Report includes a summary of the conceptual
design phase of the Project, including the preferred conceptual design for the corridor and an
implementation phasing plan.
Staff is also seeking Council approval for the use of the remaining Truck Route funds for the North
College Project in order to further extend the needed improvements along this state highway
corridor and meet the intended construction schedule of 2011, as desired by the North Fort Collins
Business Association (NFCBA) and local business/property owners.
BACKGROUND
In 2005, Fort Collins voters approved a 114 cent sales tax to fund capital projects — Building on
Basics (BOB). One of the transportation projects funded through this package is "North College
Avenue Improvements Phase 2 — Vine Drive to Conifer. " This Project is the next phase of the
improvements that were initially funded through the Building Community Choices (BCC) capital
plan. The prior BCC program funded improvements from Jefferson to Vine Drive (see Attachment
I for a map of the project area).
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September 1, 2009
The 2005 BOB ballot language included the following project description:
"North College Avenue Improvement Phase 2 — Vine Drive to Conifer
The project will provide for the re -design of North College Avenue to bring the road
to current arterial standards from Vine Drive to Conifer Street and for the
acquisition of right-of-way needed for construction along North College Avenue.
Construction will include curb, gutter and minor street patching; redefinition and
consolidation of driveway; bike lanes and sidewalks, new streetscape and other
necessary improvements. "
The voter -approved BOB funding provides approximately S4.8 million for this phase of the North
College Project. In addition to the BOB funding, the City secured an additional S885, 000 in federal
funding from CDOT and the North Front Range MPO to help cover costs associated with the
bicycle, pedestrian, streetscape, and safety improvements. The total Project funding previously
secured was approximately SJ. 6 million dollars. An additional 5600, 000 in jitnding was approved
by the North Front Range MPO Council in August, thus the total budget for the North College
project is approximately $6.2 million. This additional funding will be appropriated into the Project
budget as a separate Council action once contracts are received from CDOT. The updated
engineer's estimate for the total cost of the corridor improvements from Vine to Conifer is between
S12 million and S1 5 million, depending on the level of improvements. Due to funding limitations,
full build -out of this Project is planned to be done in phases as funding becomes available. The City
continues to seek additional funding.
Project Coordination
Throughout the development oflhe North College/US287 design project, the City's Transportation
Planning Department has worked closely with other City departments, including Engineering,
Traffic Operations, Advance Planning, Current Planning, Finance, Stormwater, Utilities, Transfort,
Historic Preservation, Parks, Natural Resources, and Art in Public Places. The City also has worked
with local and regional stakeholders, including the North Fort Collins Business Association
(NFCBA), the North College Urban Renewal Authority (URA), area property/business owners, City
boards and commissions, City Council, CDOT, and other interested stakeholders to develop a
recommended design package that meets the many important local and regional needs of this
corridor.
Planned improvements for the corridor include installation of curb and gutter, consolidation of
driveways, improved bicycle and pedestrian facilities, new streetscape design, and other necessary
improvements such as storm water facilities.
The Project report for the North College Improvements Project is being presented to City Council
for approval. This report includes the conceptual design for the ultimate corridor improvements,
as well as a prioritized list of projects that can be implemented in phases based upon current and
future funding resources. (see Attachment 4)
"E i
September 1, 2009
Public Outreach
The public outreach process during the planning phase ofthe Project has included three public open
house meetings (April, Ilay, and July) as well as individual property and business owner meetings.
At the request of the rVFCBA, a special "hands-on " workshop was held in May to develop possible
conceptual design alternatives far the corridor. In addition, a right-of-way informational meeting
was held at the request of property owners in June. Project presentations took place in Nlay, June
and July for various City boards and commissions. The second City Council work session, for this
project was held July 28.
Conceptual Design and Phasing
The project conceptual design was developed through input from the public, NFCBA, CDOT,
property and business owners, the Commission on Disability, Bicycle Advisory Committee,
Transportation Board, and the Planning and Zoning Board, as well as various City departments.
The conceptual design supports the North College Corridor Plan and City Plan by providing a more
attractive and functional corridor for all modes of transportation. The North College improvements
will help provide more safe and direct linkages for motorists, cyclists, transit riders, and pedestrians
to/from downtown and the greater Fort Collins community between North College area businesses,
employment, and residential neighborhoods. In addition, the improvements will help set the stage
for future infill and redevelopment opportunities to foster the City's economic health and
sustainability goals. .
The conceptual design includes a reduced -width median, two 12 foot travel lanes, 8-fool on -street
bike lanes on each side, curb and gutter, a 7.5 foot landscaped parkway and an off-street 8-foot
shared use path (in lieu of sidewalk) on each side. Due to funding limitations, full build -out of this
project is planned to be done in phases as funding becomes available.
Preferred Option
Phasing Option I ispreferred. Phasing Option I consists ofcomplete edge improvements, including
street and landscaping. The decision was reached by the Project team with inputfrom the public,
boards and commissions, property owners, NFCBA, CDOT, and various City departments.
Completing the Project from south to north with the currently secured funding of $6.2 million will
provide full edge improvements, including consolidated driveways, landscaped parkways, bike lanes,
shared use paths, curb, gutter, and storm water facilities up to approximately Pinon Street. In
addition, the first phase of improvements will include basic safety improvements at the
Hickory/Conifer intersection as required by the CDOT Hazard Elimination Safetyfunding.
This first phase will not include raised, landscaped medians because these medians need to be
installed in the future when parallel alleys and street connections are available to provide
alternative access for businesses located along the corridor.
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September 1, 2009
Advantages of Phasing Option 1 include. -
Supported by the public, Transportation Board, Planning and Zoning Board,
NFCBA liaison and property owners in the North College area.
• Number of disruptions to businesses is minimized.
• Provides a gateway to the North College area.
• Includes all elements of the BOB ballot language.
• Provides complete visible improvements, demonstrating what improvements
would look like along the corridor further north.
• May help stimulate redevelopment interest in the area, which would help payfor
future additional improvements.
• Finding funding for landscaping alone may be challenging.
Funding Request
The current finding gap to implement the conceptual design for the entire length of the Project is
approximately S6 - $9 million, depending on the. level of improvements.
To help address this budget shortfall, the NFCBA has requested that the project team bring forward
to City Council a proposal to consider transferring the $1.8 million in remaining Truck Route funds
into the North College Project. The Project team reviewed the NFCBA 's requests with City
Management, the City Attorney's Office, as well as the Finance Department, Transportation
Planning, and Engineering departments.
Based on this review, staff supports this proposal to transfer the remaining Truck Route finds into
the North College Project budget and respectfully requests City Council approval of this transfer
offunds. Transferring the $1.8 million in funding into the f rst phase of improvements would extend
full edge improvements to north of Hemlock Street.
Staff and key project stakeholders agree that this is an appropriate use of remaining truck route
funds. The North College corridor is the existing, designated truck route along US287. These funds
would be used to improve the existing truck route and provide safety benefits for all modes of
transportation.
Another benefit of adding the Truck Route funds into the North College Project is that it allows the
Project to meet the accelerated construction schedule desired by the community. The NFCBA's
request to begin construction in 2011 presents a cash flow challenge to the Project's budget. The
original BOB program provided funding for right-of-way and engineering/design in 2011, leading
to a construction initiation in 2012. This time line was viewed as too long by the community, based
upon the urgency of the necessary safety improvements. To move the Project construction .schedule
up to 2011, design engineering and right-of-way acquisition needs to occur in 2010 to prepare the
Project for construction in 2011. Therefore, the City needs to identify funding for these key project
tasks in 2010 (prior to the availability of 2011 BOB funds). The amount needed to solve this 2010
cash flow challenge would be resolved by the use of the remaining Truck Route funds.
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The ability to use the remaining Truck Route funds benefits the North College project in two aspects:
1. It would extend the project improvements further to improve safetyfor all modes
of transportation; and
2. It allows all the proposed improvements to begin construction in 2011, as
desired by the community.
The project team has met with the City's Finance Department to determine ifthere are other options
to provide funds for the right-of-way and design costs in 200912010. The Finance Department
supports the use of the Truck Route finding for this Project and has indicated there are no other
funding sources that would be appropriate to provide this funding bridge.
Unless additional funds are made available for the project in 200912010 (i.e., Truck Route), only
minor construction can begin in 2011. Construction for a majority of the North College
improvements would then start in 2012, when BOB funds become available. If the additional funds
are not transferred into the Project, the Project team can move forward with a limited construction
project at the Hickory/Conifer intersection with the funds currently secured for design in 2010.
The decision to transfer the Truck Route funds into another transportation 'capital project located
within the Northeast quadrant of the City falls under the purview of City Council and does not
require a citizen vote. (See Attachment 5 for the Truck Route ballot language.)
Project Schedule
The Project schedule was accelerated in response to requests from the North Fort Collins Business
Association and area property/business owners. The current project schedule is dependent on
funding right-of-way and design costs in 200912010:
2009 Planning, community engagement, visioning, alternatives analysis,
selection of preferred alternative, and development of prioritized
phasing plan for implementation.
200912010 Project engineering and rights -of -way acquisition.
2011 Construction begins.
Staff will continue to work with the Project team, including CDOT, the NFCBA, area
property/business owners, and City Council to advance the Project through the engineering, right-
of-way, and construction phases.
More detailed information regarding the North College Improvement Project is available on-line
at: www.fcgov.com/northcollege. "
Jeff Scheick, Planning, Development and Transportation Director, stated the conceptual design phase
of the North College Improvements Project will be completed with the adoption of the resolution.
The North Fort Collins Business Association and the Colorado Department of Transportation have
been key partners in this Project.
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September 1, 2009
Jennifer Petrik, Transportation Planner, stated the current Project area runs along North College from
Vine Drive to the Hickory/Conifer intersection. The conceptual design has been developed with
much input from the community. One Project goal is to create a safe and effective travel corridor
for all users, including large trucks, passenger vehicles, bicycles, pedestrians and transit users.
Another goal is to create an attractive gateway to Fort Collins from the north and upgrade the image
of the North College Corridor. Construction is proposed to begin in 2011. Several public meetings
have been held, as well as many presentations to various boards and commissions. Due to funding
limitations, build -out of the Project is planned to be completed in phases as finding becomes
available. Through the public process, Phasing Option I has been the preferred option and includes
full edge improvements, starting at the south end of the Project area. Existing funding will allow
the Project to be completed to Pinion Street. The additional funding of $1.8 million from the Truck
Route funds will allow the Project to continue to just north of Hemlock Street. An additional $2.7
million in funding will enable the Project to extend to Conifer Street and another $1.55 million will
complete side -by -side left turn lanes,. shared -use path, bike lanes and parkways at the
Hickory/Conifer intersection. Another $1.1 million completes the overlay, landscaped medians and
circulator alleyways. This phasing option is preferred by staff, the North Fort Collins Business
Association, the Transportation Board, the Planning and Zoning Board, property and business
owners, and the community.
Staff is also requesting Council approval to use the remaining $1.8 million in Truck Route funds to
fund the Project. In 2006, voters approved the use of the remaining funds for either continued efforts
for truck route relocation or a transportation capital improvement project in the northeast area of Fort
Collins. Using the Truck Route funds will enable the Project to extend farther north and enable the
Project to meet an accelerated schedule desired by the North Fort Collins Business Association and
the community. The Project is currently estimated to cost between $12 and $15,million. With
approval to use the remaining Truck Route funds, there is still a gap in funding of $4 million to $7
million.
Doug Hay, 1912 Welch Street, urged Council to approve the Project design and to use the remaining
Truck Route funds for the Project because the improvements will enhance and encourage further
development in the North College area.
Shane Miller, 4325 Mill Creek, asked if more of the proposed future perimeter improvements could
be completed in this phase if the actual center asphalt overlay and median were completed in a later
phase. He requested that sidewalks, curb and gutter; stormwater, and bike lanes be completed for
the length of North College.
Mike Bellow, 2309 Sunstone Drive, stated the proposed Project will meet the needs of the North Fort
Collins business community and he urged Council to adopt the resolution and ordinance to help
bridge the funding gap that exists with the Project.
DarleneWong, Vita Sana Project representative, stated the Vita Sana is a Latimer County project to
eliminate racial and ethnic chronic disease disparities by increasing physical activity in the Hispanic
community. The North College Project will increase opportunities for greater physical activity in
the area by improving pedestrian access.
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Councilmember Ohlson asked for the costs of extending the sidewalks from the end of the Project
at the Hickory/Conifer intersection to the College/Willox intersection. Petrik stated the preliminary
cost estimates to complete the street standards between Hickory and Willox are $15-19 million. The
cost of sidewalks, curb and gutter, bike lanes, and stormwater without the street improvements will
be provided to Council.
Councilmember Manvel asked if the medians will be added at a later date. Petrik stated the first
phase of the Project includes complete edge improvements but will not include the median or asphalt
overlay until a later phase. The existing funding provides complete edge improvements, including
curb and gutter, bike lanes, landscaped and streetscaped parkways, and shared -use path. The
repaving of College Avenue would occur when the median was put into place.
Councilmember Ohlson asked for clarification of the improvements included in Phase One of the
Project. Scheick stated Phase One includes complete edge improvements but will not include the
raised median or a finished pavement overlay.
Councilmember Roy asked for the costs to build the edge improvements to the Hickory/Conifer
intersection. Petrik stated another $1.55 million is needed to provide the bike lanes, curb and gutter,
landscaped median and shared -use path.
Councilmember Ohlson noted the funds for Phase One of the Project will be spent for edge
improvements and not for the median or street overlay so there are no funds available to extend the
edge improvements farther north. He asked for the costs to improve pedestrian pathways along all
of North College. Scheik stated staff would provide an estimate to install a sidewalk from the north
end of the Project to Willox.
Councilmember Roy made a motion, seconded by Councilmember Kottwitz, to adopt Resolution
2009-082.
Councilmember Manvel stated the public outreach done for this project has made a big impact on
the design of the Project. It will be quite a challenge to find the funding to complete the entire
project. The Plan will bring North College infrastructure in line with the rest of the city and will
encourage businesses to locate in the North College area. Pedestrian and bike access and safety is
needed, particularly at the Hickory/Conifer intersection.
Councilmember Roy noted the North Fort Collins Business Association has worked hard to give
back to the community and has actively participated in the development of the Plan. It is important
to provide pedestrian and bike access to the area to allow the residents every opportunity to be active.
Councilmember Poppaw stated the Project will allow the residents in the North College area to
safely use alternative modes of transportation.
Councilmember Ohlson stated the North Fort Collins Business Association has been very active in
working with staff to develop the North College area and its participation is a big reason why this
Project has moved forward.
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Councilmember Troxell stated the Project will create a gateway for North Fort Collins and will help
with the development of the north Fort Collins area.
Mayor Hutchinson stated North College has needed this type of improvement for a long time and
the design of the Project is excellent.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No,
090, 2009 on First Reading.
Councilmember Manvel stated the use of the Truck Route funds is important to the Project because
those funds are available now and will allow the Project to start sooner. This Project aligns well
with the intent of the 2006 vote that allowed the funds to be used for projects located in northeast
Fort Collins.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
("Secretary's note: The Council took a brief recess at this point in the meeting.)
Resolution 2009-083
Approving the Posting of a Bond in Lieu of Payment of Street
Oversizing Capital Improvement Expansion Fees, Adopted
The following is staff's memorandum for this item.
"FINANCL4L IMPACT
The Resolution will defer the collection of approximately $85, 000 in Street Oversizing Capital
Expansion Fees; these fees will be deferred for a period not to exceed 12 months from the issuance
of building permit.
EXECUTIVE SUMM,4R Y
The Fort Collins Brewery has plans to develop a 34, 000 square foot (SF) brewery and restaurant.
The project hasfaced several financial challenges, including below cost appraisals and construction
delays and, as a result, is short of funds. The business owner has asked the City to defer the Street
Oversizing Capital Expansion Fees associated with the proposed project to provide some relief and
facilitate construction, for a period not to exceed 12 months from the issuance of building permit.
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September 1, 2009
BACKGROUND
Fort Collins Brewery (FCB) is a local craft brewery currently located in Larimer County. The
brewery is planning a 34, 000 square fool (SF) new building for expansion and relocation into the
City. The project includes a 30,000 SF craft brewery and a 4,000 SF restaurant, located at the
northwest corner of Lincoln Avenue and Lemay Avenue, within the Downtown Development
Authority (DDA) boundary. The project has been able to secure the necessary City approvals to
begin construction and anticipates beginning site work before the end of summer. However, the
construction loan provided by FCB's bank has been authorized for- an amount lower than the
projected construction costs. As a result, the project is short of funds during the construction
period.
The City, through the Economic Health group, has been working on and off with FCB for the past
four years, to assist them with the development pf a new brewery and restaurant. Previous efforts
included using Private Activity Bonds to finance the project. This attempt failed due to inability of
the business to secure the necessary letter of credit. On February 12, 2009, the DDA approved Tax
Increment Finance (TIF) assistance in the amount of S539, 918 (S324, 525 for public improvements
in the right-of-way and S215,393 for facade improvements on the. Lincoln and Lemay Avenue
facades). These funds provided by the DDA will be available once the City issues a Certificate of
Occupancy (CO) and the County certifies the value of the building. Therefore, these funds are not
available during the crucial construction period.
Tom Peters, President of Fort Collins Brewery, approached the City to discuss ways to assist the
project in overcoming the estimated shortfall, approximately $500, 000. City staff recommended
phasing the project by delaying the preparation of a portion of the site for a fixture expansion
building. This adjustment saved the project approximately $100, 000 in up front fees, which will be
collected when the expansion building is constructed in the future.
After much deliberation, the City determined it could also recommend Council consider deferring
the collection of Street Oversizing Capital Expansion Fees if the developer provided a bond as
security in place of the fees. The deferral would allow FCB to avoid paying approximately S85, 000
in upfront fees. The deferral will authorize the collection of the fees 12 months from the issuance
of building permit. The developer has indicated that construction can not be completed without
some relief of development fees.
Staff supports this recommendation for the following reasons:
1. FCB is a member of the Uniquely Fort Collins target industry cluster.
2. The business is moving from the County to City.
3. The business will locate within the "beer triangle " and reinforce this unique destination.
4. The project will add 4 primary jobs to the City (from the brewery expansion) and 20
additional support jobs (from the restaurant).
5. The project will contribute to the DDA by providing additional assessed value.
6. The bond provides a remedy for collecting the fees if the project should fail, making the
recommendation not a typical deferral or waiver of fees.
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September 1, 2009
The remaining portion of the approximately S500,000 shortfall has been closed through value
engineering the construction of the brewery and restaurant. FCB has carefully considered the DDA
improvement, and also the overall value ofthe completed building, so as not to adversely impact the
value of the proposed building. The following steps have been taken to reduce construction costs
or value engineer the project:
1. FCB removed the insulated foam metal roof panels in exchange for a banded insulation
package in the pre-engineered portion of the building. NOTE. This type of panel has NOT
been removed from any of the walls.
2. FCB engineered the mechanical and electrical systems to be constructed more efficiently and
has requested additional discounts from the manufacturers of all mechanical and electrical
equipment. So far, most have offered discounts to put their equipment on this higher profile
project.
3. FCB has removed the decorative stone retaining walls on the upper portion of the detention
pond in favor of a poured concrete wall. This provides a better structure and with
decorative inserts installed on the forms, this will provide a very unique exposed concrete
pattern.
4. FCB has further negotiated with all subcontractors for best pricing. All have responded
with acceptance in offering lower prices than originally quoted, due to shortage of work in
these current economic times.
5. FCB is working with a smaller, independent, local contractor to minimize the contractor
operating and profit numbers. "
Josh Birks, Economic Advisor, stated the City has been working for some time with the Fort Collins
Brewery to assist with its expansion project. The Downtown Development Authority has approved
just over $500,000 in tax increment financing to assist the project. The Brewery has secured the
necessary City approvals to begin construction of the project; however, in the process of securing
financing for the project, the appraisal for the construction loan fell short. The Brewery is requesting
deferral of the street oversizing fees of approximately $85,000 for twelve months. A developer bond
will be provided for $85,000, in case the project is not completed. The Brewery will be able to move
forward to completion, with the deferral of the fees.. '
Councilmember Manvel asked if street oversizing fees could be collected if the project were not
completed. Birks stated street oversizing fees are collected when a building permit is issued,
whether or not the project moves forward. Freeman stated some development fees are reimbursed
to a developer if the project does not move forward, but street oversizing fees are not reimbursed for
any reason.
Councilmember Manvel asked for the cost of procuring the bond. Birks stated a surety bond will
be issued and will cost a few thousand dollars to secure, but the cost of the bond is not a large part
of the financing fees for the project.
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September 1, 2009
Councilmember Troxell asked if the Brewery will be able to pay the fees once the project is
completed. Birks stated the company has the track record to prove it can be successful and staff has
researched the financial stability of the company.
Councilmember Ohlson noted the Council Finance Committee supported the deferral of fees for the
Fort Collins Brewery. City Manager Atteberry stated the Brewery will be locating within the City
limits and will be a good addition to the city. The Council Finance Committee was very supportive
of providing assistance for this project.
Mayor Hutchinson asked if requiring the company to provide a bond will provide greater security
to the City than the fees will be paid. Birks answered in the affirmative.
Councilmember Ohlson asked if the steps taken to reduce construction costs will affect the
requirements necessary for the project to receive DDA funds and if the project will still meet the
City's aesthetic standards. Matt Robenalt, Downtown Development Authority Executive Director,
stated the steps taken to reduce construction costs will not affect any improvements the DDA is
funding, such as the facade improvements and the public improvements.
Tom Peters, Fort Collins Brewery owner, stated the steps taken to reduce construction costs for the
project did not sacrifice any aesthetic considerations or requirements from the DDA to receive TIF.
The issue has been that funding for construction has tightened significantly in the past year and
appraisers and financial institutions are being very conservative in their loans. Once the project is
built and the DDA funds are received, the funds to pay the fees will be available. The retaining wall
for stormwater purposes will be heavily landscaped and will be attractive. The retaining wall will
be poured concrete with stamped patterns in the concrete and will eventually be covered with ivy.
Councilmember Roy made a motion, seconded by Councilmember Troxell, to adopt Resolution
2009-083.
Councilmember Manvel stated deferring the City's fees with the protection of a bond is a good way .
to allow the project to move forward and to benefit the City.
Mayor Hutchinson noted the City is enabling a project to move forward that will benefit Fort Collins.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Resolution 2009-084
Appointing Two Representatives to the Colorado
Municipal League Policy Committee Postponed to September 15, 2009
The following is staffs memorandum for this item.
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September 1, 2009
"EXECUTIVE SUMMARY
Appointments to the CML Policy Committee are made each fall and members serve for a one-year
period. Each member municipality of the League is entitled to a representative, and all cities over
100,000 are entitled to designate two representatives.
The Policy Committee is responsible for reviewing legislative proposals and recommending to the
League Executive Board, positions o%*support, opposition, no position or amendment to a wide
variety of legislation affecting cities and towns. At each annual conference in June, the Policy
Committee proposes to the membership, revisions to the League's policies which guide League
positions on public policy issues affecting municipalities.
The Committee meets three or four times a year, before and during legislative sessions as well as
in May prior to the annual conference.
This Resolution appoints one Councilmember, to be selected at this meeting, and City Manager
Darin Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy
Committee. "
Eric Sutherland, 631 LaPorte, stated the City Manager, as an appointed City official, should not be
in the position to create legislative policy for Fort Collins. Two Councilmembers should be
appointed to the Policy Committee. An appointed City official, the Utilities Executive Director, also
should not sit on the Platte River Power Authority Board.
Shane Miller, 4325 Mill Creek, stated boards or committees composed of elected representatives are
more responsive to citizens than having an appointed City official on a committee.
Mayor Hutchinson noted the composition of the Platte River Power Authority Board is specified in
the organic contract.
Councilmember Ohlson stated two Councilmembers would like to serve on the Policy Committee
and should be allowed to do so in place of the City Manager serving on the Committee.
City Manager Atteberry stated the Policy Committee has many city managers and legislative affairs
directors from other cities across Colorado.
Mayor Hutchinson asked if there was any requirement that one representative be a city official. City
Manager Atteberry stated there is no requirement that a city be represented by one elected official
and one staff. The City has had one elected official and the city manager as its Policy Committee
representatives for many years. The City Manager is not making policy at the Committee but is
communicating Council's policy to the Committee. It is a good balance to have staff and a
Councilmember on the Committee.
Councilmember Kottwitz asked for a description of the CML Policy Committee functions.
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September 1, 2009
Councilmember Manvel stated the Policy Committee meets two or three times each year to discuss
legislative issues facing the Colorado Municipal League and whether CML should take a stand on
certain issues. The City Manager is not making policy but is participating in a discussion.to state
the City's policies for the Committee.
Councilmember Troxell stated issues that come before the state legislature might impact local
control and CML will work to defeat those issues so cities and municipalities can retain local
decision -making capabilities.
Councilmember Manvel stated the City Manager is better informed in many areas of City policy and
it is valuable to have that knowledge at the CML Policy Committee meetings.
Councilmember Roy asked for the number of elected officials and staff that comprise the Policy
Committee. City Manager Atteberry stated that information will be provided.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to postpone
consideration of Resolution 2009-084 to September 15 to allow time for staff to provide information
about the make-up of the Committee. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 082, 2009,
Appropriating Unanticipated Grant Revenue in the Transportation Services Fund
to Fund the 2009-2010 Safe Routes to School Project, Adopted on Second Reading
The following is staffs memorandum for this item.
"EXECUTIVE SUMMARY
The City of Fort Collins Transportation Planning Department has received a federal grant through
the Colorado Department of Transportation (CDOT) for the FY 2009-10 Safe Routes to School
(SRTS) Program. This program will target students, parents, and teachers at Bennett IB World
School, Dunn IB World School, McGraw IB World School, Tavelli Elementary, and Lesher Middle
School in a collaborative effort to increase the numbers ofchildren bicycling and walking to school.
This Ordinance, unanimously adopted on First Reading on August 18, 2009, appropriates the funds
from this grant. "
Matthew Wempe, Transportation Planner, stated Safe Routes to School is an outreach and
partnership program administered by the City's Transportation Planning Department and is
coordinated with Poudre School District and Traffic Operations, Engineering, FC Bikes and Police
Services. Staff coordinates with the individual schools chosen to be in the program and also works
with the PSD Facilities Department, which has jurisdiction over all improvements to PSD school
sites and with the PSD Transportation Department, which focuses on the crossing guard program,
funded by the City. The federal Safe Routes to School program focuses on kindergarten through
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September 1, 2009
eighth grade, with the basic goal of making it easier for children to walk and bike to school by
focusing on education, engineering, encouragement, enforcement, and evaluation. Volunteers to
teach the League of American Bicyclists certified curriculum are an essential component of the
program but are difficult to find. Many volunteers from the participating schools and parent
involvement are also necessary for the encouragement portion of the program. Staff is preparing the
grant application for next year's funds and is looking at ways to structure the funds to be used
districtwide and not limited to just a few schools. Staff is also attempting to expand education
partnerships and to hold more classes on bicycle safety. Part of the grant funds will be used for
Bicycle Colorado to work with staff on school site audits at the five schools and provide education
at those schools. Other funding sources could be used for education, but have not yet been allocated
in the 2010 budget.
Jacqueline Natrasevschi, 3608 Jaguar Place, asked if the grant funds could be allocated differently
to ensure children get to school safely. Funds should be spent on more school zone enforcement,
crosswalks, greater media involvement and more education. The funds should not be spent on prizes
for the children. Use of cell phones while driving should be banned.
Rick Price, Bike Fort Collins Boardmember, 1925 Wallenberg Drive, stated the project is only a
beginning to increase bicycling in Fort Collins. Education of students and drivers is essential to
improve bicycling safety.
Eric Sutherland, 631 LaPorte, stated the needs within the City's infrastructure should be addressed
to improve pedestrian and bicycle safety to provide better bike lanes and crosswalks.
Councilmember Roy asked if the contract from CDOT was provided to Council. Wempe stated
CDOT issued a purchase order and did not require a contract this year because the amount of the
grant was under $50,000. The ordinance appropriates the funds that are already authorized at the
state level. The allocation of the funds is subject to terms of the grant application submitted by staff.
Councilmember Roy asked if Poudre School District has provided matching funds for this program.
Wempe stated Poudre School District has not committed any funding to the program but will use
facility funds if any infrastructure changes are identified as a result of this program. The grant does
not have a matching fund requirement for the City or PSD. Kathleen Bracke, Director of
Transportation Planning and Special Projects, stated the $38,500 grant from CDOT did not require
any matching dollars. The City and PSD have committed considerable staff time to the Safe Routes
to School Program. City Manager Atteberry stated he will speak with the PSD Superintendent about
actions that can be taken to help students get to school safely.
Councilmember Roy asked if every school zone had a speed limit of 20 miles per hour. Joe Olson,
City Traffic Engineer, stated all school zones are limited to 20 miles per hour, but not every street
around every school is included in a school zone. City Manager Atteberry stated staff can provide
information about the time and budget requirements needed to do an existing conditions analysis and
to prioritize the improvements needed to provide the next steps to improve traffic safety around
schools. This information could be used to determine if a budget enhancement offer is needed for
the 2010-2011 budget.
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September 1, 2009
Mayor Hutchinson asked if the City has any flexibility in how the CDOT grant is used. Bracke
stated the grant was written specifically to meet the guidelines for the Safe Routes to School program
and targets the five schools listed. Staff is looking for other funding sources to supplement the
CDOT grant to be able to expand the Safe Routes to School Program to all schools.
Councilmember Poppaw asked what percentage of the grant money will be used for safety education.
Wempe stated approximately $18,000 of the grant will be used by Bicycle Colorado for education,
using the League of American Bicyclists certified curriculum, at each of the five schools. The first
lesson at each school focuses on rules of the road and bike and walking safety. The second lesson
involves hands-on training using bicycles and also teaches walking safety to the schoolchildren.
Councilmember Poppaw asked how many instructors are paid or are volunteers for the safety
education classes. Wempe stated Bicycle Colorado is directing the education program and provides
several certified instructors that are paid with grant funds. Volunteers are not used much because
the volunteer must also be certified as a League of American Bicycle instructor. Bike Fort Collins
is working to expand its number of instructors, but not many volunteers are available. The Bike
Coop contract provides for payment of $400 to an instructor per event to teach education classes.
Councilmember Poppaw asked for details on how the $18,000 will be used%and the use of the
remaining $20,000 in grant funds.
Councilmember Poppaw asked where more school zones will be implemented. Olson stated the City
is making a determination of where school zones should be located as a priority. The analysis will
include pedestrian crossings around the city and will help the City develop guidelines for placement
of pedestrian crossings and school zones.
Councilmember Poppaw asked for the cost of the lighted crossing near Fort Collins High School and
she noted the addition of the crossing light has made a very positive impact for the area, allowing
students to safely cross the street. Olson stated the cost is from $10,000 to $30,000 to install a
crossing light.
Councilmember Ohlson asked what requirements PSD has for new school construction to address
safety issues. PSD should be responsible for the cost of implementing safety measures at the schools
and the City should not be expected to pay for those costs.
Councilmember Poppaw stated partnership with PSD will be necessary to address the safety issues
raised. The bicycle community should also be engaged in solving the safety issues.
Mayor Hutchinson noted the ordinance appropriates the funds provided by CDOT for the Safe
Routes to School program for the five schools listed in the ordinance.
Councilmember Kottwitz, made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 082, 2009 on Second Reading.
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September 1, 2009
Councilmember Ohlson made a friendly amendment to request a work session. to discuss traffic
safety, speed limits, school zones, and children's safety to and from school. Councilmember
Kottwitz accepted the friendly amendment.
Councilmember Troxell stated the work session discussion should include ways to encourage bike
riders to obey the rules for their own safety. The Bike Plan will help address some of the safety
issues.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Marvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 087, 2009,
Appropriating Prior Years Reserves in the Downtown Development Authority
Fund for Expenditure on Projects in Accordance with the
Downtown Plan of Development, Adopted on First Reading
The following is staffs memorandum for this item.
"FINANCIAL IMPACT
The DDA Board has authorized expenditure on the following projects or programs which will be
funded with this appropriation:
1. Arts and Culture Investments
• Purchase of Warehouse for Use by Lincoln Center Non-profit
Performance Groups $1,800,000
• Bas Bleu Theater Lease 220,000
• Lincoln Center Rental and Tech Fees Underwriting 144,063
2. Mitchell Block Public Improvements 427,502
3. Elks Building Environmental Abatement and Deconstruction 421,000
4. Facade Grant Program — Funding 350,000
5. Fort Collins Housing Authority Project 53,813
6. Relocation of Transcend Sculpture 50,000
7. Holiday Lights Display Contribution for 2009 35,000
$3, 501, 378
EXECUTIVE SUMMARY
This Ordinance appropriates unanticipated revenue from interest earnings in the amount of
$332,044, from project savings in the amount of $1,555,249; and from the transfer offunds from
projects not currently ready for reimbursement to projects or programs that are ready in the amount
of$1, 614, 085. The Downtown Development Authority (DDA) Board has authorized the expenditure
on the various projects and programs.
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September 1, 2009
BACKGROUND
The Downtown Development Authority was created in 1981 with the purpose, according to State
statute, of planning and implementing projects and programs within the boundaries of the DDA.
The DDA and City adopted a Plan of Development that specifies the projects and programs the DDA
would undertake. In order to carry out the purposes of the State statute and the Plan of
Development the City, on behalfof the DDA, has issued various notes and tax increment bonds. The
first issuance of tax increment bonds occurred in 1984, with subsequent issues through 2008.
Over the past year, proceeds from DDA tax increment financing (TIF) revenues that have not been
spent have accumulated interest earnings. These funds, as well as the project savings, need to be
appropriated for expenditure. The amount of interest earnings is currently 5332, 044 and project
savings is SI,55 ,249. Also, the DDA needs to transfer bond funds from projects that are not yet
ready for reimbursement to those projects that have accelerated ,schedules and soon ready for
reimbursement. These funds, in the amount of S1, 61.4, 085, need to be appropriated for expenditure.
Staff has provided a summary for each projector program. All the projects/programs listed for
funding through this appropriation have been approved by the DDA Board of Directors. All
approvals by the DDA Board are made contingent upon City Council appropriation of these funds
to fulfill the Authority's commitment to the projects. With the exception of those projects or
programs which are purely public in nature, no DDA expenditures are to be made until projects are
completed and have received certificates of occupancy from the City.
1. Arts and Culture Investments
a. Purchase of Warehouse for use by Lincoln Center Non-profit Performance Groups
b. Bas Bleu Theater Lease
C. Lincoln Center Rental and Technical Fees Underwriting
In April 2009, the DDA Board was presented with a proposal and rationale for broadening its
investments in downtown non-profit arts, cultural and scientific organizations. These organizations
contribute to the diversity of experiences available to Fort Collins residents and visitors and to the
cultural and economic vitality essential to preserving a community quality of life and a healthy,
vibrant downtown.
According to Arts and Economic Prosperity 111, 2007, a study conducted by the Americans for the
Arts, and funded by the DDA, the local economic impact of the arts was nearly 516, 000, 000 in 2005.
Audience spending was estimated at SIO.6 million, and arts and culture organization spending was
$5.3 million, a 2:1 ratio. Nationally, "the arts and culture industry, unlike many industries,
leverages a significant amount of event -related spending by its audiences. Attendance at arts events
generates related commerce for local businesses such as restaurants, parking garages, hotels and
retail stores " (Arts and Economic Prosperity 111, 2007).
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September 1, 2009
The City of Fort Collins Citizen Survey, published in December 2008, indicated that 63% of
respondents thought the "availability and diversity of arts and cultural activities " in Fort Collins
was "very good" or "good •' This rating was considered "above average " in comparison to other
communities on a national level, but "similar" in comparison to other Front Range communities.
In one sense, these comparative results on thenational level speak to the strengths of our
art/cultural offerings. However, the "similarity' with other Front Range communities reveals
that ifthese activities are not available in Fort Collins, local audiences would not have to travel far
to find comparable activities in another community.
The challenges ofthe current economy have placed several long-standing arts and culture non-profit
groups that drive economic activity in the downtown in a position of having to decide whether to
curtail their performance schedule and/or find locations outside the main venues of the Lincoln
Center to hold their performances. The concern this raises for the DDA is that if destination
activities created by the local arts/culture and scientific non-profit organizations diminish in
diversity and frequency, so likely does the ancillary expenditures on shopping, dining, lodging and
other services.
The DDA investments are intended to continue the development of arts/culture activities that attract
audiences that drive ancillary economic activity in the downtown. The investments were made using
the following rationale: •
1. Meets the statutory requirements and limitations of Title 31, Article 25, Part 8 of the
Colorado Revised Statutes, as amended, regarding Downtown Development
Authorities;
2. Demonstrates public benefit in the investment of DDA funds within the DDA boundary;
and
3. Assists in the inducement offrnancial viability of non-profit arts/culture and scientific
organizations that produce and/or exhibit their offerings in the downtown to create the
following impacts:
• Effectively promote Downtown Fort Collins as an attractive place to live and
visit
• Provide a positive economic impact on ancillary downtown businesses
(retail, restaurants, and providers ofrecreational opportunities, attractions
and services)
• Bring external dollars into the Fort Collins community
• Generate overnight stays in lodging properties within the Fort Collins city
limits.
1. Arts and Culture Investments
a. Purchase of a Warehouse for. Use by Lincoln Center Non-profit Performance Groups
The DDA is under contract to purchase a warehouse located at 725 East Vine Drive and is
conducting standard due diligence inspections. The closing is scheduled for late September.
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September 1, 2009
The purpose of this purchase is to provide a permanent facility that would be made available at no
charge to Fort Collins based non-profit performance groups that utilize the Lincoln Center's inini-
theater and pet formance hall. Those groups holding the most frequent pei formances were engaged
by the Lincoln Center staff to develop space utilization ideas.
The warehouse use plan would address: set construction and storage, costume construction and
storage, prop construction and storage, set dressing/furniture storage, staging area, painting
staging area/paintstorage, rehearsals, meetingrooms, office%ommonsarea. The warehouse would
not be available for performances: free, ticketed, or other forms of fee -structured activities. The
DDA believes it is imperative to keep all performance activities focused in the venues located in the
central business district where the ancillary economic impact on restaurants, retail stores, and
lodging is greatest.
Originally, the DDA looked at leasing the warehouse for five years, but the current sale price was
.slightly less than tivice the cost of the five-year lease, so the DDA Board chose to take advantage
of the low sale price and invest in ownership of the facility.
Benefits of the warehouse purchase: The warehouse will provide functional space needed by the
performance and theatrical groups to undertake intensive behind -the -scenes preparation for
performances. These modest, but important savings to individual non -profits resulting from the
DDA investments are likely to be invested by the performance groups to create higher quality sets,
costumes, props, and for purchasing the rights to produce a broader range of performances, and
thus offer new and enhanced experiences to local audiences. The success of the non profits will also
gain the ancillary audience expenditures in other downtown entertainment businesses, such as
restaurants and retail stores.
Second, the Lincoln Center staff involvement in the oversight of the warehouse will provide an
opportunity to coordinate with the groups in the design and construction of sets and other major
props. The opportunity for greater coordination will create efficiencies and savings in time and
expense when transporting and assembling the sets at the Lincoln Center.
The performance groups that will use the warehouse mostly operate todayfrom scattered sites such
as private garages and basements, or donated spaces that are available only until such time as a
paying tenant displaces them. Access to this warehouse facility will create a greater sense of
permanence and predictability for the performance groups.
Additionally, an opportunityfor cross -collaboration in many of the theatrical production steps will
likely grow from the clustering of staffand volunteer talents. Other communities that have created
this type of shared production facility often see the emergence of idea and resource sharing that
leads to discussions and partnerships that enrich the skill sets of other groups. It is possible one
group that has a great production department could share ideas and services with another group
that is very experienced and efficient in advertising and marketing. By discussing operations,
comparing notes, and makingsome resources available to other performance groups, it is likely that
all the groups will become more equipped to make quick innovations and more efficient utilization
of their financial resources.
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Looking further into the future, it is possible that small businesses that support theatrical and
performance activities in this facility might emerge from the cross -collaboration efforts and
entrepreneurial endeavors of those involved.
b. Bas Bleu Theatre Lease
The DDA Board approved a lease agreement with Bas Bleu Theater, fora term of 10 years to provide
time and access, free ofcharge, to usergroups that desire to utilize either the lobbyspace or theater
hall. The lease agreement provides for:
1. -The DDA's lease payment of S220, 000 (one-time) will be guaranteed by a promissory note
and secured by a deed of trust.
2. Use of a graduated payment schedule that pays the DDA back through "time and use " of the
building on an annual basis and is equivalent to approximately S22, 000 per year.
3. Assumption of S8.00 per square foot remains the basis of the lease rate, as this is the lower
end of market lease rates for space in the River District..
4. Amount of space in the building available for use by other groups is 2,400 square feet
(lobby) and 4,380 square feet (theatre) for a total of 6,780 square feet.
5. Time available for use of the lobby and theatre:
a. Theatre. The theatre shall be available for a minimum of 130 days per master calendar
year (August 1 through July 31).
I. Full Use of Stage: Full use of the theatre stage must be possible on 21 of the
130 Theatre Days. Such 21 days shall be divided into three (3) blocks of
seven (7) consecutive days on the master calendar. During these days the
theatre stage shall be completely vacant, such to allow a full theatrical
performance thereon.
ii. Partial Use of Stage: Partial use ofthe theatre stage must be possible for the
remaining 109 of the 130 Theatre Days.
b. Lobby. The Lobby shall be available for a minimum of 173 days per master calendar
year.
c. Hours of Availability. Generally, the lease provides for access during the following
hours: (1) Theatre Days: 2:00 P.M. to 11:00 P.M; and (2) Lobby Days: 8: 00 A.M. to
5: 00 P.M. These hours of availability are minimum requirements; Bas Bleu is free to
permit additional hours of use at its discretion.
6. Provides for an escrow period that requires Bas Bleu to hold back SIO, 000 of DDA lease
payment for of up.to 12 months to make any necessary Americans with Disabilities Act
improvements to the facility.
7. Outlines minimum obligations of Bas Bleu for:
a. Title Commitment and Title Insurance
b. Insurance requirements
C. Scheduling the space
d. Maintaining leased space in good condition
e. Ensuring DDA and other users have access to the space during scheduled times
f. Providing a minimum level of lobby furniture and trash receptacles
g. Providing basic utilities and climate control for users
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h. Requiring a user to sign a User Agreement, provide a security deposit, and insurance
for users of the theatre space when necessary.
1. Access to limited theatre equipment and bathrooms
j. Charging fees for technical services when users require the use of theatrical lights and
sound system, box office services, and other voluntary services that Bas Bleu agrees
upon with the user.
8. Establishes abut' -out option for Bas Bleu, effective in 2015, and a formzda for determining
the remaining value of the DDA's payment.
9. Establishes reporting requirements of Bas Bleu for keeping DDA informed of its master
calendar schedule.
10. Establishes posting requirement on Bas Bleu website announcing availability of leased
spaces.
11. Establishes Right of First Offer/First Refusal
12. Defines when parties are in default of lease agreement.
Benefits of Lease: Bas Bleu Theatre is the second largest performance venue in the downtown and
activity at the facility contributes to ancillary economic impact in other downtown businesses such
as retail shops and restaurants through audience spending. DDA investment in the facilitythrough
this lease will make the space available to a broader group of users, and increase the number of
days the facility is in operation, thereby increasing the positive economic impact on other downtown
businesses.
Several user groups have contacted Bas Bleu staff or DDA staff in anticipation of the space
becoming available through this lease agreement. The groups expressing interest include a local
dance company, magician group, Colorado Contemporary Music College, Beet Street, Sandbox
Stories Theatre Performances, KLIK Student Radio, and Tri-Media Film Festival. This is a great
start considering there has been no active marketing to advertise availability of the space.
C. Lincoln Center Rental and Technical Fees Underwriting
The DDA Board has approved a program that will underwrite the rental and technical fees at the
Lincoln Center for Fort Collins -based non-profit users of the Performance Hall and the Mini
Theatre for the remainder of the 2009 season, and three additional performance seasons: 2010-11,
2011-12, and 2012-13. Lincoln Center will invoice the DDA,for rental and tech fees charged to
eligible user groups. The amount of S144, 063 will cover the 2009 season.
The DDA and Lincoln Center staff jointly developed guidelines and criteria for an
intergovernmental agreement related to the underwriting of rental and technical fees. Specifically
these are:
• eligibility criteria
• application submittal requirements
• user guidelines,
• accounting and reporting logistics
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September 1, 2009
2. The Mitchell Block Project
The Bohemian Companies, LLC is constructing a 35,754 square foot office building, known as the
Mitchell Block. The DDA Board committed,fhnding to enhanced improvements in the public right-
of-way, such as paver sidewalks, a new plaza and seating area at the corner of East Mountain and
Walnut Street, and an enhanced public "allepvay" that is complementary to the DDA's alley
enhancement program and for facade improvements to the EDAW/Food Co -Op building.
3. Elks Building Abatement and Deconstruction
In 2008, the DDA Board purchased the Elks Building for its site redevelopment potential in
conjunction with the Corporex Hotel project. The Corporex Hotel project is no longer moving
ahead as a result of the developer's inability to obtain financing, but the DDA Board did not want
to allow the Elks building to sit vacant and as an eyesore to the downtown despite the loss of the
hotel development project.
After completing an extensive evaluation of the building to determine the cost ofplacing it back into
use for gatherings, such as general community meetings spaces, it was determined there was
approximately $1 million in deferred maintenance that would need to be addressed just to put the
building back into use for a period of 5 years. The Board decided that deconstruction of building,
and utilization of the land for interim surface parking was the most logical use until .such time the
site is identified for use in another DDA redevelopment project or sold,for private development.
The abatement and deconstruction funding provide for remediation and authorized disposal of
known environmental hazards in the building and for deconstruction of the building, resulting in a
very high level of reuse and recycling of building materials.
4. Facade Grant Program Funding
In 2006, the DDA Board established the Facade Grant Program, which offers grants of up to 50%
offacade improvement expenses to owners of buildings who have not participated in previous tax
increment facade improvement projects. The original grant program funds are nearly depleted and
have positively affected the private sector investment in 10 buildings for a total of 16 facade
enhancements.
This funding reestablishes a fund balance and provides for the second generation of this program.
5. Fort Collins Housing Authority Project
The DDA Board committedfunds to the Fort Collins Housing Authority facade improvements at its
qualified affordable housing facility, located at 366 East Mountain Avenue.
6. Relocation of Transcend Sculpture
On behalf of the City of Fort Collins, the City Council recently accepted the gift of the sculpture,
titled Transcend, from the David and Sharon Neenan's family foundation. The DDA Board has
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September 1, 2009
approved funding to pay for the costs associated ivith relocation of the sculpture from Old Toim
Square to its neiv location at 215 North Mason.
7. Holiday Lights Display Contribution for 2009
The Doivntoim Development Authority partners ivith the City of Fort Collins and the Doivntoivn
Business Association, through a contract ivith SiNngle Tree & Landscape, to install the Doivntoivn
holiday light display. This amount will cover the DDA 's contribution for the 2009 holiday display
season.
Councilmember Ohlson noted the DDA is purchasing a warehouse for use by non-profit performance
groups at no cost to the groups and he asked if this policy of "no charge" to the non-profit groups
will be a permanent arrangement. Matt Robenalt, Downtown Development Authority Executive
Director, stated the DDA originally intended to lease the warehouse for five years to provide space
to various local, non-profit performance groups, but Board decided to purchase the building as an
investment. Several of the user groups that will be housed in the building are interested in discussing
the possibility of purchasing space within the building. The DDA does not intend to offer free space
to the various groups for an indefinite period of time.
Councilmember Ohlson asked if the use of the warehouse space will be limited to local non-profit
performance groups that currently utilize the Lincoln Center facilities. Robenalt stated 24 non-profit
groups currently use the Lincoln Center for performances. Approximately six of those groups have
intensive production activities that will use the warehouse space. Other performance groups will
have the ability to access the warehouse for short-term use. The Lincoln Center will assist in
management of the warehouse space'.
Councilmember Manvel asked if the Raptor Center will continue to use part of the building.
Robenalt stated the Raptor Center is an existing tenant in the warehouse space and will continue to
rent space in the building.
Councilmember Troxell asked why additional funding was being allocated to the deconstruction of
the Elks Building when funds were previously appropriated for the removal of the building from the
site. Kathy Cardona, Downtown Development Authority Financial Coordinator, stated the original
purchase price included a brief survey of the costs to deconstruct the building. The actual cost of
abatement and deconstruction were not appropriated at that time. Robenalt stated the purchase price
of the property was $2.8 million.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No.
087, 2009 on First Reading.
Councilmember Manvel stated the purchase of the warehouse is an excellent investment and is a
wise use of DDA funds.
Councilmember Troxell asked for clarification of the use of the funds provided for the purchase of
the Elks Building. .
September 1, 2009
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 088, 2009,
Adopting Updated Rules and Regulations Governing Grandview and Roselawn
Cemeteries to Allow Green Burials at Roselawn and
to Make Minor Language Improvements, Adopted on First Reading
The following is staff's memorandum for this item.
"EXECUTIVE SUMMARY
The community interest in green burials is growing. Green burials are burials without embalming,
without burial vault, using a casket made ofnon-toxic, biodegradable material or a biodegradable
burial shroud. The surfaces of the graves are unadorned, unirrigated turf with simple memorial
markers. The adoption of this Ordinance changes the Cemetery Rules and Regulations to allow
green burials at Roselawn Cemetery. Unlike Grandview Cemetery, Roselawn has land that can be
dedicated to green burials. The other changes to the Rules and Regulations are simple housekeeping
measures. The last major update was completed in May 2005.
BACKGROUND
There has been increasing interest in the community for green burials. Two funeral homes in the
community are certified Green Funeral Homes. The Cemetery will develop a new Garden of
Harmony at Roselawn for green burials. Green burials will be allowed at Roselawn Cemetery in
the Garden of Harmony section only. Green burials are described as burials without embalming,
without a burial vault, using a casket made of non -toxic, biodegradable material or a biodegradable
burial shroud. The requesting party must waive any right ofdisinterment of the remains. The grave
size will be 6 ft. by 10 ft., memorials will be flat (grass marker) not larger than 2 ft. by ]ft. by 4-inch
granite only. No floral vases will be allowed. The section will not be irrigated and maintenance
will be minimal. No plantings of any kind will be allowed.
Additional changes to the Cemetery Rules and Regulations are proposed. -
Amend the definition of "disinterment. "
• Add a definition of "green burials. "
• Change CLRS to CPRE, Culture, Parks, Recreation and Environment.
• Provide that the City Manager establishes rates, fees and charges (instead of City Council)
and directs their expenditure.
• Add the words "except green burial " in the burial receptacle requirements.
• Change the shape of the insignia on the crypt shutters.
• Omit the word "bonded" when referring to monument dealers.
• Add the name of "Harmony" to the list of sections that have flat monuments.
• Give future sections at Roselawn names instead of numbers.
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• Omit 14.3.11 (dealing with the type of memorials and monuments allowed in burial Section
6) as it is addressed in a previous rule.
• Change the word "lot" to "burial space" in section 14.3.15.
• State that the Garden of Harmony will have no concrete used in the setting of memorials.
• Amend Sections 11.24, 12.2, 12.3, 12.6, and 12.7 to clarify requirement for interment and
disinterment of cremated remains. "
City Manager Atteberry stated Mr. Martinez pulled Item # 12, First Reading of Ordinance No. 088,
2009, Adopting Updated Rules and Regulations Governing Grandview and Roselawn Cemeteries
to Allow Green Burials at Roselawn and to Make Minor Language Improvements, but has had his
questions answered.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
088, 2009 on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
Other Business
Councilmember Poppaw asked for information about the Amtrak Pioneer Service and the rerouting
of the BNSF railroad. Several Front Range cities have sent letters of support to Amtrak for this
service. City Manager Atteberry stated staff will provide information.
Councilmember Poppaw stated the Platte River Power Authority has sent a letter to Representative
Markey, urging her to vote "no" on the American Clean Energy and Security Act of 2009. Brian
Moeck, Platte River General Manager, has indicated to Councilmember Poppaw that the Platte River
Board did not specifically authorize the letter to Representative Markey. She asked what measure
of control do member cities and the Platte River Board have over political positions taken by Platte
River.
Mayor Hutchinson noted he is Vice -Director of the Platte River Board and the Board did discuss the
letter. Much of the language in the letter was technical observations of difficulties in the bill and
suggestions to correct those difficulties. The letter did request Representative Markey vote "no" on
the bill. He suggested Council have a work session to discuss the governance model of Platte River.
Councilmember Poppaw stated the City of Fort Collins did not support the position taken in the letter
sent by Platte River. She noted Mr. Moeck also sent a letter to the staff of Senators Udall and Bennet
that delineates concerns that do not agree with the position held by the City of Fort Collins.
Councilmember Ohlson supported sending a letter to Representative, Markey indicating that the City
of Fort Collins did not support the position taken by Platte River and has not taken an official
position on the bill.
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Mayor Hutchinson noted Representative Markey has already voted on the bill. A work session will
clarify the governance model of Platte River.
Councilmembers Roy and Poppaw supported sending a letter to Representative Markey, stating this
Council did not support the position taken by Platte River.
Mayor Hutchinson stated holding a work session to discuss the Platte River governance model would
be more beneficial than sending a letter to Representative Markey.
Suspension of Rules
Councilmember Manvel made a motion, seconded by Councilmember Roy, to suspend the rules and
extend the meeting past 10:30 p.m. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, and Roy. Nays:
Kottwitz, Troxell.
THE MOTION CARRIED.
Executive Session Authorized
Councilmember Ohlson made a motion, seconded by Councilmember Roy, to go into Executive
Session, as permitted by Section 2-31(a)(2) of the City Code for the purpose of meeting with the
attorneys of the City and affected members of City staff to discuss potential litigation. Yeas:
Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
("Secretary's note: The Council went into executive session at this point in the meeting.)
Adjournment
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adjourn the meeting
to 6:00 p.m., Tuesday, September 8, 2009.
The meeting adjourned at 11:45 p.m.
Mayo
ATTEST:
City Clerk