HomeMy WebLinkAboutMINUTES-09/06/2011-RegularSeptember 6, 2011
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 6,
2011, 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: Horak, Manvel, Ohlson, Poppaw, Troxell and
Weikunat.
Councilmembers Absent: Kottwitz
Staff Members Present: Atteberry, Krajicek, Daggett.
Agenda Review
City Manager Atteberry stated a revised version of Resolution 2011-080 for Item No. 34, Items
Relating to the Midtown Urban Renewal Plan, was included in the read before packet.
Citizen Participation
Josh Kerson, 244 North College, supported allowing e-bikes on City trails. He noted individuals
with mobility challenges are lawfully allowed to use electric assist bicycles and he supported
signage being placed on the trails indicating that law.
Mel Hilgenberg, 172 North College, encouraged citizens to attend the Fort Collins Symphony. He
noted it is possible to acquire Lincoln Center tickets from the box office to avoid surcharges. He
urged Council to file a friend -of -the -court brief regarding Congressional redistricting.
Ron Young and Vicki Lutz, Crossroads Safehouse, thanked Council and staff for providing funding
assistance.
Virginia Farber, 1214 Bellvue Drive, opposed the proposed power line project through Pine Ridge
Natural Area and suggested a moratorium be placed on smart meters until further study has been
completed.
Sarah Burnett, 714 Gilgalad Way, read an editorial article from a newspaper in Denton, Texas,
discussing students who had been hospitalized after falling from a student housing unit. She
encouraged Council to consider the possible outcome of allowing potentially dangerous student
housing to be built in Fort Collins.
Lucia Liley, attorney, opposed Ms. Burnett's comments.
September 6, 2011
Stacy Lynne, 305 West Magnolia, asked about the relationship between the firm Black and Veatch
and the City's Smart Meter project, Glade Reservoir Project, and ICLEI. She asked if Council has
asked the local press to not cover gang and meth related stories in Fort Collins. She discussed an
incident at the Larimer County Justice Center on August 24 and asked for the help of elected
officials.
Brian Wareing, Golden resident, discussed an incident with Clarion employees in Montana. He
stated Clarion is part of Agenda 21 and related to ICLEI.
Citizen Participation Follow-up
Jerry Schiager, Police Chief, stated no direction has been given to local press to ignore or conceal
gang and meth related issues. He clarified Fort Collins Police Services has no jurisdiction over the
Larimer County Justice Center.
City Manager Atteberry stated he would contact Sheriff Justin Smith and provide Ms. Lynne's
materials to the Sheriff's Office.
Councilmember Poppaw thanked Ms. Lutz and her work with Crossroads Safehouse.
Mayor Pro Tern Ohlson asked that a written response be provided to Ms. Lynne regarding Black and
Veatch.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the August 11, 2011 Special Meeting and the
August 16, 2011 Regular Meeting
7. _ Second Reading of Ordinance No. 098,2011,Rgpealingand Reenacting Division l4,Article
III of Chapter 2 of the City Code Dissolving the Electric Board and Creating a New Energy
Board.
Decisions Council makes today can have a significant impact on the community's ability to
respond to changing conditions in the future. Council needs visionary and innovative advice
regarding the community's energy future as it relates to the Plan Fort Collins goals for a
sustainable community. Council is in need of advice from subject matter experts, not just
in the electric engineering field, but also other experts who are knowledgeable about such
things as how the electrification of transportation impacts carbon emissions and energy
consumption. To this end, an Energy Board is being created to replace the Electric Board.
The purpose of the Energy Board will be to take a systems approach to the City's energy
future looking out 10 years and beyond and to advise Council on such matters. This
Ordinance dissolving the Electric Board and establishing an Energy Board was unanimously
adopted on First Reading on August 16, 2011.
2
J
September 6, 2011
Items Relating to the Linden Street Streetscape Project.
A. Second Reading of Ordinance No. 099, 2011, Authorizing the Transfer of Existing
Appropriations from the Linden Street Streetscape Project to the Cultural Services
Fund for the Art in Public Places Program.
B. Resolution 2011-072 Approving Expenditures from the Art in Public Places Reserve
Account in the Cultural Services and Facilities Fund for the Purpose of
Commissioning an Artist to Create Art for the Linden Street Streetscape Project.
This Ordinance, unanimously adopted on First Reading on August 16, 2011, appropriates
$17,998 for administration, design, materials, installation and contingency for a project with
Fort Collins artist Susan Dailey, to create up to twelve granite pavers to be integrated into
the Streetscape of the Linden Street Streetscape Project. $7,060 has already been
appropriated and is available in the Art in Public Places reserve account in the Cultural
Services and Facilities Fund to pay for the art project. Resolution 2011-072 approves the
expenditures of $25,058 for the design, materials, installation contingency and maintenance
for the project.
9. Second Reading of Ordinance No. 100, 2011, Appropriating Unanticipated Revenue in the
Cultural Services Fund and in the Cgpital Projects Fund for the Building on Basics Lincoln
Center Renovation Project.
The Lincoln Center Renovation project is funded primarily through the Building on Basics
capital tax approved by voters'in 2005. Unanticipated grant and donation revenue will be
used to complete the full scope of the estimated $8.2 million project. Approximately $5.5
million has been appropriated from the Building on Basics tax and $2.6 million from
unanticipated grant revenue and prior year reserves in the Cultural Services and General
Funds. This Ordinance, unanimously adopted on First Reading on August 16, 2011,
appropriates $161,088 to the Cultural Services Fund and $14,620 to the Capital Projects
Fund.
10. Second Reading of Ordinance No. 101, 2011, Appropriating Prior Year Reserves in the
Cultural Services Fund for Transfer to the Capital Projects Fund and Appropriating
Unanticipated Revenue in the Capital Projects Fund for the Fort Collins Museum/Discovery
Science Center Project.
The Discovery Center, a Colorado non-profit corporation, has provided funds, currently held
in the Capital Projects Fund, in the amount of $73 8,034 in support of the exhibits for the new
Fort Collins Museum and Discovery Science Center Joint Facility project. Also, $100,000
from the Fort Collins Museum Donation Reserves are being provided to support the exhibits.
Additionally, an estate gift in the amount of $150 has been provided. This Ordinance,
unanimously adopted on First Reading on August 16, 2011, appropriates these funds for the
proj ect. I
September 6, 2011
11. Second Reading of Ordinance No. 102, 2011, Appropriating Unanticipated Revenue in the
Capital Projects Fund, Mason Corridor Project for the South Transit Center Park and Ride.
This Ordinance, unanimously adopted on First Reading on August 16, 2011, appropriates
funding in the amount of $820,430 received from the Colorado Department of
Transportation for the South Transit Center Park and Ride Project, a component of the
Mason Corridor Project.
12. Second Reading of Ordinance No. 103, 2011, Appropriating Unanticipated Grant Revenue
in the Transportation Services Fund for the FY 2011-2012 Safe Routes to School Program.
This Ordinance, unanimously adopted on First Reading on August 16, 2011, appropriates
a $99,800 federal grant received through the Colorado Department of Transportation for the
FY 2011-12 Safe Routes to School (SRTS) program. This funding will allow the City of
Fort Collins' Safe Routes to School Program (administered and staffed by the Transportation
Planning Division) to provide pedestrian and bicycle safety education programs.
13. Second Reading of Ordinance No. 104, 2011, Appropriating Unanticipated Grant Revenues
in the General Fund for Police Services and Appropriating Funds from the Police Operating
Budget_
Ordinance No. 104, 2011, unanimously adopted on First Reading on August 16, 2011,
appropriates a grant in the amount of $45,000 from the Colorado Division of Criminal
Justice Juvenile Diversion fund for salaries associated with the continued operation of
Restorative Justice Services, which includes the RESTORE program for shoplifting offenses,
and the Restorative Justice Conferencing Program for all other offenses. An $8,700 cash
match is required and will be met by appropriating funds from the police operating budget
designated for Restorative Justice Services.
14. Second Reading of Ordinance No. 105, 2011, Appropriating Proceeds from the Issuance of
City of Fort Collins, Stormwater Utility Enterprise, Stormwater Utility Revenue Refunding
Bonds, Series 2011 A, in the Maximum Aggregate Principal of Amount of $8,750,000 in the
Stormwater Utility Fund.
This Ordinance, unanimously adopted on First Reading on August 16, 2011, appropriates
$8,750,000 to pay off the 2002 Storm Drainage Revenue bonds. The funding source is the
proceeds from the 2011 A Storm Drainage refunding bonds. Market conditions are such that
they can be refinanced at lower interest rates, resulting in an estimated net present value
savings of $500,000.
15. Second Reading of Ordinance No. 108, 2011, Authorizing the Conveyance of a Portion of
City Property to the Lower Poudre Augmentation Company_
Arapaho Bend Natural Area is located along the Cache la Poudre River near I-25 and East
Harmony Road. The Lower Poudre Augmentation Company (LPAC) owns property
immediately to the south of the portion of Arapaho Bend that lies east of I-25. A wire fence
2
September 6, 2011
separates the two properties. A recent boundary survey revealed the fence separating the
two properties was located slightly north of the described property line. The fence has been
in place for greater than 18 years and has been recognized by the Natural Areas Program
(NAP) and LPAC as the boundary of the Natural Area since the property was purchased in
2000. The strip of property between the fence and the described boundary line contains
0.703 acres. City staff determined that it was necessary to explore options for cleaning up
the boundary issue to ensure clear boundary lines for future access, maintenance and use of
the sites for both the NAP and LPAC This Ordinance, unanimously adopted on First Reading
on August 16, 2011, authorizes a the conveyance of the 0.703 acre area south of the existing
boundary fence in exchange for an access easement across the LPAC property. LPAC has
agreed to the exchange. It also has agreed to pay the City an amount equal to fifty percent
of the costs to survey and document the new property boundary.
16. First Reading of Ordinance No. 111, 2011, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds.
The purpose of this annual "clean-up" Ordinance is to combine dedicated revenues or
reserves that need to be appropriated before the end of the year to cover the related expenses
that were not anticipated and, therefore,,not included in the 2011 budget. The unanticipated
revenue is primarily from fees, charges, rents, contributions and grants that have been paid
to City departments to offset specific expenses. Prior year reserves are primarily being
appropriated for unanticipated operation expenses from reserves that are set aside for that
purpose.
17. Items Relating to Updates, Amendments, Deletions and Additions to Chapter 17 of the City
Code.
A. First Reading of Ordinance No. 112, 2011, Amending Article V of Chapter 17 of the
City Code Pertaining to Abandoned Refrigerators and Similar Items.
B. First Reading of Ordinance No. 113, 2011, Adding a Section to Article IV of Chapter
17 of the City Code Pertaining to the Violation of Court Orders.
C. First Reading of Ordinance No. 114, 2011, Amending Articles VII and VIII of
Chapter 17 of the City Code Pertaining to Disorderly Conduct, Harassment and
Public Indecency.
D. First Reading of Ordinance No. 115, 2011, Adding a New Section in Article VII of
Chapter 17 of the City Code Pertaining to Graffiti Crimes.
E. First Reading of Ordinance No. 116, 2011, Amending Article VII of Chapter 17 of
the City Code Pertaining to Loitering.
First Reading of Ordinance No. 117, 2011, Adding a New Section to Article VII of
Chapter 17 of the City Code Pertaining to Staying on Medians Prohibited.
September 6, 2011
G. First Reading of Ordinance No. 118, 2011, Amending Article III of Chapter 17 of
the City Code Pertaining to Jurisdictional Amount of Various Criminal Offenses.
To maintain continuity with federal law, the revised statutes for the State of Colorado, and
the needs of citizens of Fort Collins, the Fort Collins City Code must be regularly updated
through amendments, deletions, and the creation of new ordinances. These amendments,
deletions, and creations of several new ordinances will allow law enforcement to more
effectively and efficiently protect and serve the citizens of Fort Collins.
18. First Reading of Ordinance No. 107, 2011, Repealing Section 2-575 of the City ode
Relating to the Compensation of Councilmembers.
This Ordinance repeals the City Code provision relating to Council compensation. This
section is unnecessary because the method for adjusting compensation is set out in the City
Charter, and such adjustment is accomplished through administrative action of the City
Manager.
19. First Reading of Ordinance No. 119, 2011 Amending Various Provisions of the Fort Collins
Traffic Code.
The Colorado General Assembly amended certain statutory provisions this legislative
session relating to state traffic laws. This Ordinance ensures that the Fort Collins Traffic
Code (the "Traffic Code") is consistent with state traffic laws. During a review of the
statutory changes, staff identified additional amendments that would make the Traffic Code
more consistent and provide more effective and efficient local enforcement.
20. First Reading of Ordinance No. 120, 2011, Making Various Amendments to the Land Use
Code.
Staff has identified a variety of proposed changes, additions and clarifications in the 2011
annual update of the Land Use Code.
21. First Reading of Ordinance No. 121, 2011, Authorizing the Conveyance of a Portion of a
Tract of Stormwater Utility Property to Kevin P. Caffrey and Julia J. Caffrey.
In 1992, the final plat of Clarendon Hills Fifth Filing dedicated Tract E to the City of Fort
Collins for the purposes of storm drainage, flood plain management and Department ofParks
and Recreation use. The intended purpose of the Parks and Recreation use was for a bike
trail. In 1998, the location of the bike trail was changed to be adjacent to Shields Street. To
accommodate this change, the City acquired Tracts A, B, and D of Clarendon Hills Fifth
Filing for the bike trail that has been constructed and is now in use. Due to the City's change
of use for Tract E, the adjacent property owners, Kevin and Julia Caffrey, have expressed
an interest to obtain the portion of Tract E that abuts their property at 5424 Hilldale Court.
24. Resolution 2011-075 Approving the Design of the Restoration of the Coca-Cola/An elg_1's
Delicatessen Sign on the J. L. Hohnstein Block, 220 East Mountain Avenue.
September 6, 2011
The City has received a State Historic Fund grant from the Colorado Historical Society to
protect the Coca-Cola and Angell's Delicatessen sign on the J. L. Hohnstein Block, 220 East
Mountain Avenue. Councilmembers have expressed concern that the sign not be painted to
look new, and directed staff to investigate treatment options that would retain the faded look.
Four treatment options were originally identified, which were further narrowed to two
options. A conservation firm was hired to further investigate both options. Based upon their
findings, the consultants are confident that the paint, brick, and mortar can be successfully
conserved by reattaching and protecting the existing paint with a consolidating material. If
sufficient funding and time remains following the consolidation, a few missing elements of
the sign, including the artist's signature, would also be restored. Staff is now requesting that
Council approve the recommended treatment for the restoration and rehabilitation of the
Coca-Cola/Angell's Delicatessen sign.
25. Resolution 2011-076 Assizning a Councilmember as Liaison to the Energy Board.
Ordinance No. 098, 2011, adopted on Second Reading this same date, created a new Energy
Board. City Council appoints a liaison to each board and commission. This Resolution
appoints Councilmember Lisa Poppaw as the Council liaison to the newly created Energy
Board.
26. Resolution 2011-077 Making Appointments to Various Boards and Commissions.
This Resolution makes appointments to fill current vacancies on the Building Review
Board, Commission on Disability, Human Relations Commission, Land Conservation and
Stewardship Board, Senior Advisory Board, Transportation Board and Youth Advisory
Board.
27. Routine Deed.
Deed of dedication from Cottonwood Land.and Farms, Ltd., for land under future bridge,
on Zeigler Road between Drake and Horsetooth Roads.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 098, 2011, Repealing and Reenacting Division 14, Article
III of Chapter 2 of the City Code Dissolving the Electric Board and Creating a New Energy
Board.
8. Second Reading of Ordinance No. 099, 2011, Authorizing the Transfer of Existing
Appropriations from the Linden Street Streetscape Project to the Cultural Services Fund for
the Art in Public Places Program.
9. Second Reading of Ordinance No. 100, 2011, Appropriating Unanticipated Revenue in the
Cultural Services Fund and in the Capital Projects Fund for the Building on Basics Lincoln
Center Renovation Project.
7
September 6, 2011
10. Second Reading of Ordinance No. 101, 2011, Appropriating Prior Year Reserves in the
Cultural Services Fund for Transfer to the Capital Projects Fund and Appropriating
Unanticipated Revenue in the Capital Projects Fund for the Fort Collins Museum/Discovery
Science Center Project.
11. Second Reading of Ordinance No. 102, 2011, Appropriating Unanticipated Revenue in the
Capital Projects Fund, Mason Corridor Project for the South Transit Center Park and Ride.
12. Second Reading of Ordinance No. 103, 2011, Appropriating Unanticipated Grant Revenue
in the Transportation Services Fund for the FY 2011-2012 Safe Routes to School Program.
13. Second Reading of Ordinance No. 104, 2011, Appropriating Unanticipated Grant Revenues
in the General Fund for Police Services and Appropriating Funds from the Police Operating
Budget.
14. Second Reading of Ordinance No. 105, 2011, Appropriating Proceeds from the Issuance of
City of Fort Collins, Stormwater Utility Enterprise, Stormwater Utility Revenue Refunding
Bonds, Series 2011 A, in the Maximum Aggregate Principal of Amount of $8,750,000 in the
Stormwater Utility Fund.
15. Second Reading of Ordinance No. 108, 2011, Authorizing the Conveyance, of a Portion of
City Property to the Lower Poudre Augmentation Company.
31. Items Relating to Amendments to the Definitions in Article I of Chapter 26, the Electric
Article of Chapter 26, and to Standards for Interconnection of Electric Generation Facilities.
A. Second Reading of Ordinance No. 079, 2011, Making Certain Amendments to
Chapter 26 of the City Code Pertaining to the Provision of Net Metering Service and
Certain Definitions Related Thereto.
B. Second Reading of Ordinance No. 080, 2011, Amending Various Provisions of the
City Code and the Land Use Code Pertaining to the Definition of General Manager.
C. Second Reading of Ordinance No. 081, 2011, Making Certain Amendments to
Interconnection Standards for Generating Facilities Connected to the Fort Collins
Distribution System.
Ordinances on First Reading were read by title by City Clerk Krajicek.
16. First Reading of Ordinance No. 111, 2011, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds.
17. Items Relating to Updates, Amendments, Deletions and Additions to Chapter 17 of the City
Code.
September 6, 2011
A. First Reading of Ordinance No. 112, 2011, Amending Article V of Chapter 17 of the
City Code Pertaining to Abandoned Refrigerators and Similar Items.
B. First Reading of Ordinance No. 113, 2011, Adding a Section to Article IV of Chapter
17 of the City Code Pertaining to the Violation of Court Orders.
C. First Reading of Ordinance No. 114, 2011, Amending Articles VII and VIII of
Chapter 17 of the City Code Pertaining to Disorderly Conduct, Harassment and
Public Indecency.
D. First Reading of Ordinance No. 115, 2011, Adding a New Section in Article VII of
Chapter 17 of the City Code Pertaining to Graffiti Crimes.
E. First Reading of Ordinance No. 116, 2011, Amending Article VII of Chapter 17 of
the City Code Pertaining to Loitering.
F. First Reading of Ordinance No. 117, 2011, Adding a New Section to Article VII of
Chapter 17 of the City Code Pertaining to Staying on Medians Prohibited.
G. First Reading of Ordinance No. 118, 2011, Amending Article III of Chapter 17 of
the City Code Pertaining to Jurisdictional Amount of Various Criminal Offenses.
18. First Reading of Ordinance No. 107, 2011, Repealing Section 2-575 of the City Code
Relating to the Compensation of Councilmembers.
19. First Reading of Ordinance No. 119, 2011 Amending Various Provisions of the Fort Collins
Traffic Code.
20. First Reading of Ordinance No. 120, 2011, Making Various Amendments to the Land Use
Code.
21. First Reading of Ordinance No. 121, 2011, Authorizing the Conveyance of a Portion of a
Tract of Stormwater Utility Property to Kevin P. Caffrey and Julia J. Caffrey.
Councilmember Horak withdrew Item No. 16, First Reading of Ordinance No. 111, 2011,
Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds;
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt and approve
all items not withdrawn from the Consent Calendar. Yeas: Weitkunat, Manvel, Ohlson, Poppaw,
Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
0
September 6, 2011
Mayor Pro Tern Ohlson stated he would like follow-up information prior to Second Reading,
regarding Item No. 20, First Reading of Ordinance No. 120, 2011, Making Various Amendments to
the Land Use Code. He specifically requested more information regarding how, and from what part
of a stream, buffer zones are measured.
Councilmember Troxell supported Item No. 21, First Reading of Ordinance No. 121, 2011,
Authorizing the Conveyance of a Portion of a Tract of Stormwater Utility Property to Kevin P.
Caffrey and Julia J. Caffrey.
Staff Reports
City Manager Atteberry introduced Mike Beckstead, the City's new. Chief Financial Officer.
Beckstead thanked Council, staff, and the community.
Craig Foreman, Park Planning and Development, gave an update on five projects.
Matt Day, Landscape Architect, discussed the natural playground at Gateway Park Natural Area and
the park adjacent to the Pelican Marsh Natural Area.
Craig Kisling, Apprentice Landscape Architect, discussed Registry Park in Registry Ridge.
Jason Stutzman, Park Planning and Development Civil Engineer, discussed the Fossil Creek trail
extension.
Kathleen Benedict, Park Planning and Development Senior Landscape Architect, discussed the new
neighborhood park adjacent to Zach Elementary School.
City Manager Atteberry commended. the Parks staff and noted none of the projects would be
occurring without the citizen support of the Keep Fort Collins Great ballot measure.
Councilmember Reports
Mayor Weitkunat discussed Council's joint meeting with Poudre School District and Larimer
County. Collaborative social efforts were discussed.
Items Relating to Amendments to the Definitions in Article I of Chapter 26,
the Electric Article of Chapter 26, and to Standards for
Interconnection of Electric Generation Facilities, Adopted on Second Reading
The following is staff s memorandum for this item.
10
September 6, 2011
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 079, 2011, Making Certain Amendments to Chapter 26
of the City Code Pertaining to the Provision of Net Metering Service and Certain Definitions
Related Thereto.
B. Second Reading of OrdinanceNo.080,2011,AmendingVariousProvisionsoftheCityCode
and the Land Use Code Pertaining to the Definition of General Manager.
C. Second Reading of Ordinance No. 081, 2011, Making Certain Amendments to
Interconnection Standards for Generating Facilities Connected to the Fort Collins
Distribution System.
These Ordinances, unanimously adopted on First Reading on July 5, 2011, make minor revisions
to the definitions section of Article I and to the Electric Article of Chapter 26 of the City Code and
the Land Use Code. These revisions include updating the definition of General Manager,
clarification regarding the provision of net metering service and clarification regarding authority
to execute interconnection orparallelgeneration agreements on behalfofthe City. Light and Power
is also recommending adding clarifying language to the City's indemnification and insurance
requirements contained in the City's Interconnection Standards. These standards govern
operational and other requirements for interconnection generating facilities to the City's electric
distribution system. This item was withdrawn from the August 16th Consent Agenda but was not
considered because of the lateness of the hour. "
Steve Catanach, Light and Power Operations Manager, stated this item provides clarification
regarding definitions used in net metering and initiates changes in the indemnification portion of the
interconnection agreement.
Eric Sutherland, 3520 Golden Currant, asked when the City would begin allowing more innovative
energy solutions. He suggested the City Code be changed to allow individuals to buy and sell
energy among themselves.
Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 079, 2011, on Second Reading. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell.
Nays: none.
THE MOTION CARRIED.
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 080, 2011, on Second Reading. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell.
Nays: none.
THE MOTION CARRIED.
11
September 6, 2011
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 081, 2011, on Second Reading. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell.
Nays: none.
THE MOTION CARRIED.
Resolution 2011-078
Making Findings of Fact Regarding the Appeal of the June 16, 2011,
Planning and Zoning Board Approval of the Amended CSURF
Centre for Advanced Technology Overall Development Plan, Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
On June 30, 2011, an appeal of the June 16, 2011 decision of the Planning and Zoning Board to
approve the Amended CSURF Centre for Advanced Technology, Overall Development Plan was
filed by representatives for Windtrail on Spring CreekHOA, Sundering Townhomes HOA, Hill Pond
on Spring Creek HOA, Hill Pond Condominium HOA and Windtrail Townhomes HOA.
On August 23, 2011, City Council voted to uphold the decision of the Planning and Zoning Board.
In order to complete the record regarding this appeal, the Council should adopt a Resolution
making findings of fact and finalizing its decision on the appeal.
BACKGROUND /DISCUSSION
The Appellants notice of appeal was based on the allegation that:
The Planning and ZoningBoard improperly interpreted and applied relevantportions of the
Code.
At the August 23, 2011 hearing on this matter, Council considered the testimony of City staff, the
Appellants, and the Opponents to the Appeal. In subsequent discussion at this hearing, Council
determined that the Planning and Zoning Board did properly interpret and apply relevant portions
of the Code and Charter.
City Council determined to uphold the decision of the Planning and Zoning Board. "
Carrie Daggett, Deputy City Attorney, reviewed the decisions made by Council concerning the
appeal and stated this Resolution will lay out findings of fact regarding its decision.
Sarah Burnett, 714 Gilgalad Way, stated the applicant was asked a variety of questions following
the appeal presentation though the burden of proof was on the appellants, to whom no questions
were)asked. She opposed the process and Land Use Code policies relating to the property zoning.
12
September 6, 2011
("Secretary's note: Lucia Liley, attorney representing the applicant, objected to Ms. Burnett's
statements; however, Council opted to hear the testimony.)
Lucia Liley, 300 South Howes, attorney representing the applicant, objected to a letter sent by Ms.
Burnett to Council and supported adoption of the Resolution.
Eric Sutherland, 3520 Golden Currant, supported the appellants.
Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution
2011-078.
Councilmember Manvel noted adoption of this Resolution is procedural in nature and does not allow
for rehashing aspects of the appeal. He stated the neighborhood response has brought forth the need
for process and policy changes. -
Mayor Pro Tern Ohlson stated he would support the motion but asked staff to provide information
to Council in the next couple weeks regarding the questions presented at the appeal hearing.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Resolution 2011-079
Makings Findings of Fact Regarding the Appeal of the June 16, 2011,
Planning and Zoning Board Approval of the Grove at Fort Collins
Project Development Plan, Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
On June 30, 2011, an appeal of the June 16, 2011 decision of the Planning and Zoning Board to
approve The Grove at Fort Collins, Project Development Plan was filed by representatives for
Windtrail on Spring CreekHOA, Sundering Townhomes HOA, Hill Pond on Spring CreekHOA, Hill
Pond Condominium HOA and Windtrail Townhomes HOA.
On August 23, 2011, City Council voted to modify the decision of the Planning and Zoning Board
to approve the Project Development Plan with two additional conditions. In order to complete the
record regarding this appeal, the Council should adopt a Resolution making findings of fact and
finalizing its decision on the appeal.
BACKGROUND /DISCUSSION
The Appellants notice of appeal was based on the allegation that:
13
September 6, 2011
The Planning and Zoning Board improperly interpreted and applied relevantportions of the
Code and Charter
At the August 23, 2011 hearing on this matter, Council considered the testimony of City staff, the
Appellants, and the Opponents to the Appeal. In subsequent discussion at this hearing, Council
determined that the Planning and Zoning Board did properly interpret and apply relevant portions
of the Code and Charter.
City Council determined to modify the decision of the Planning and Zoning Board, by approving the
Project Development Plan with the following two additional conditions:
1. One building must be LEED certified and all buildings will be built to the specifications and
standards of the LEED-certified building.
2. Pets will be prohibited in the project. "
Jonathan Feiman, 959 Gilgalad Way, appellant, suggested The Grove at Fort Collins PDP is in
violation of conditions set by the Planning and Zoning Board when it approved the ODP. The notes
on the ODP are meaningful and applicable undenthe law as the Land Use Code outlines the purpose
of the ODP is to establish general planning and development control parameters for projects. The
PDP does not conform with the development control parameters of the ODP. Note 3 of the 2003
ODP prohibiting residential construction in the 100 year floodplain was retained by the Board.
Substantial portions of buildings on the PDP are in the floodplain. Note 5 from the 2003 ODP
establishes a 0.37 floor area ratio, and was retained by the Board. Contrary to this condition of
approval, the PDP has floor area ratios of 0.45, 0.53, 0.69, and 0.90 on the lots. The Board
stipulated that the Land Use Code should prevail given a conflict between any note on the ODP and
the Land Use Code. He urged Council to reverse its approval of the PDP.
Sarah Burnett, 714 Gilgalad Way, appellant, opposed the project stating there is no primary
Employment zoning use in the project, parts of two buildings are within the FEMA floodplain,
standards for Rolland Moore Drive were administratively changed, and additional standards were
not met. She urged Council to reverse its approval of the PDP.
Colleen Hoffman, 1804 Wallenberg Drive, urged Council to reverse its approval of the PDP.
Ann Malone, 1220 East Stuart, suggested the issue be put to a vote of Fort Collins residents.
Doug Brobst, 1625 Independence Road, stated he had attended a workshop discussing student
housing and encouraged residents of the appellants' neighborhoods to put their energy toward
solving the community's student housing issues. .
Chase Eckert, ASCSU Director of Governmental Affairs, supported adoption of the Resolution.
Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution
2011-079.
14
September 6, 2011
Mayor Pro Tem Ohlson asked if the adopted PDP is in conflict with the adopted ODP, and, if so,
what are the ramifications of such a conflict.
Steve Olt, City Planner, replied staff has determined there is no conflict between the PDP and the
amended ODP.
Mayor Pro Tem Ohlson asked about the Resolution wording relating to the LEED certification of
one building and the phrase stating that the remaining buildings be built to the "same or comparable"
specificationsDeupty City Attorney Daggett replied the word "comparable" was used because the
buildings are not the same as one anther; therefore the specifications will not be able to be the same.
Mayor Pro Tem Ohlson asked who will determine whether or not the specifications are comparable.
Deputy City Attorney Daggett replied the City will be in a position to enforce the standard.
Councilmember Manvel suggested the wording be changed to "same or superior" specifications.
Daggett replied the concept may be difficult to apply as the buildings are different; however, the
wording could apply to the LEED standards.
Councilmember Horak stated the wording could be rephrased to make the specifications comparable
and the standards the same or better than LEED certification standards.
Councilmembers Horak and Troxell accepted a friendly amendment to change the wording in
Section 2A of Resolution 2011-079 to state that at least one building must be LEED certified and
that all other buildings in the project will be built to comparable specifications and the same or
higher standards as LEED certified buildings.
Mayor Pro Tem Ohlson stated there are legitimate concerns on the part of neighborhoods that
opposing a development means not only opposing the developer, but also the City organization.
The vote on the motion to adopted Resolution 2011-079 as amended -was as follows: Yeas:
Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Items Relating to the Midtown Urban Renewal Plan, Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
A. Resolution 2011-080 Adopting the Midtown Existing Conditions Survey and Making
Findings Determining an Area Within the City of Fort Collins to Be a Blighted Area and
Appropriate for Inclusion in an Urban Renewal Plan.
B. Resolution 2011-081 Making Findings and Approving the Urban Renewal Plan for the
Midtown Area and Establishing a Tax Increment Financing District for Prospect South.
15
September 6, 2011
Resolution 2011-080 will adopt theMidtown Existing Conditions Survey and determine the Midtown
area is blighted. Resolution 2011-081 will formally adopt the Midtown Urban Renewal Plan (URP)
and establish the area referred to as Prospect South as the first tax increment financing (TIF)
district. Staff has completed the necessary steps to bring forward the URP. On June 16, 2011, the
Planning and Zoning Board made a recommendation that the Midtown URP conforms to the
policies and principles of City Plan. Larimer County has reviewed the Midtown URP and the
Impact Report for the Prospect South TIF District with staff and resolution was reached about the
concerns the County expressed about the Midtown Urban Renewal Plan.
BACKGROUND I DISCUSSION
In 1982, Council created an Urban Renewal Authority (URA) and designated itselfas 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 in the community related to certain
"blight factors, " as defined in the State's Urban Renewal Law. State statutes allow the URA broad
powers to carry out its statutory mandate, including powers to enter into contracts, borrow funds,
and acquireproperty voluntarily or by eminent domain, among others. Urban renewalprojects may
be financed in a variety of ways. URAs are authorized to issue bonds and accept grants from public
orprivate sources. Theprincipal method offinancing urban renewal projects is through obligations
secured by property tax or sales tax increments from the project area, or "tax incrementfinancing "
(TIF). The Authority exercises its powers by planning and carrying out urban renewal plans in
urban renewal areas.
Midtown, the South College Avenue commercial corridor running from Prospect Road to just south
of Harmony Road, has been in decline as a prominent regional destination for retail uses. Increased
regional competition, aging and outmoded space, and the impact of the national recession have
contributed to approximately 650, 000 square feet of vacant space.
In 2009, Council recognized that Midtown deserved and required an immediate assessment of its
economic outlook and community aspirations for its future, and directed staff to initiate the Midtown
Redevelopment Study. This process occurred from late October 2009 to May 2010, during which
the consultant team worked with the City, stakeholders, and the public to assess Midtown issues,
make recommendations for its future, and outline next steps for action. The recommended actions
to help achieve the redevelopment envisioned by the Midtown Redevelopment Study include
additional design andplanning efforts, financialfeasibility analysis and further refinement ofpublic
financing options.
Action Al of the study's implementation strategy directs the City to "Implement other Midtown
Corridor Redevelopment Opportunities ... Prepare an existing conditions report for the Midtown
Study area (excluding Prospect South and Foothills Mall areas previously addressed). "
In February, 2011, as a result of the recommended action item, City Council adopted Resolution
2011-008 authorizing and directing staff to prepare an Urban Renewal Plan and Existing
Conditions Survey for the Midtown Area. From the perspective of the URA, there are essentially
four steps in the redevelopment process:
16
September 6, 2011
1. Complete an Existing Conditions Survey
2. Create an Urban Renewal Plan
3. Enable TIF
4. Participate in revitalization and improvements
Staff initiated the Midtown Existing Conditions Survey (Survey) upon adoption ofResolution 2011-
008, and completed the effort in April 2011. The purpose of the Survey was to determine whether
Midtown constituted a blighted area within the meaning of Colorado Urban Renewal Law. The
Survey area boundary began just north of Whole Foods shopping center continuing down the
commercial corridor along College Avenue until Fairway Lane, just south of Harmony Road. This
boundary is consistent with the Midtown Redevelopment Study, including Prospect South and
Foothills Mall.
In order to declare an area blighted, at least four of eleven physical, environmental, or social
factors must be present, including:
1. Slum, deteriorated, or deteriorating structures
2. Predominance of defective or inadequate street layout
3. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness
4. Unsanitary or unsafe conditions
S. Deterioration of site or other improvements
6. Unusual topography or inadequate public improvements or utilities
7. Defective or unusual conditions of title rendering the title non -marketable
8. The existence of conditions that endanger life or property by fire and other causes
9. Buildings that are unsafe or unhealthy for persons to live or work in
10. Environmental contamination of buildings or property
11. The existence of health, safety, or welfare factors requiring high levels of municipal
services or substantial physical underutilization or vacancy of sites, building, or other
improvements
As the Survey showed, seven factors were found in the area (shown in bold above).
In addition to the Midtown Existing Conditions Survey field work, both the Prospect South (2008)
and Foothills Mall (2007) Existing Conditions Surveys were updated in 2011 to ensure the findings
remain consistent with the original document, and to identify unfavorable conditions that have
occurred since the documents were finalized.
The major purpose of establishing a Midtown Urban Renewal Plan (Midtown URP) is to permit the
utilization oftax incrementfinancing (TIF) in redevelopmentprojects that would in return eliminate
or prevent conditions of blight in and around the Urban Renewal Plan Area (Plan Area). TIF is a
tool that is commonly used throughout Colorado for a variety of redevelopment and economic
development these purposes. TIF has also proven to bean effective tool in the North College Urban
Renewal Plan (North College URP) area to overcome significant public improvement costs and to
make their retail projects more competitive in the region and state. Given the lack of economic tools
at the City's disposal and the proven effectiveness of TIF, staffbelieves that utilizing TIF is the most
effective tool to help keep the targeted redevelopment areas competitive with other communities
17
September 6, 2011
along the Front Range. An advantage to using TIFis that public assistance toward the development
is driven by enhancements to the assessed valuation of the property and is funded through property
tax revenues versus sales tax revenues. The temporary diversion of property tax revenues for 25
years benefits all the affected taxing entities at the end of the Plan Area's life cycle, ultimately
increasing the collection of revenues for all entities because of the actions of the URA, without
raising new taxes.
At Council 's direction, staff has prepared the Midtown URP. Rather than take a holistic approach
and activate TIFfor the entire Plan Area at once, thus triggering the 25 year clock corridor -wide,
staff recommends a more strategic approach commonly used in other Urban Renewal Authorities
in Colorado. The Plan states that within the Plan Area, separate TIF Districts could be created
based on necessity and qualified projects. The Plan proposes Prospect South, the area along
College Avenue from Prospect Road to parcels just north of Whole Foods to be the first TIFDistrict
within the Midtown URP. This allows the URA Board to be more intentional with the use of TIF and
approve projects that are indeed qualified without jeopardizing the TIF timeline all at once (i.e.,
North College URP).
Before City Council can officially approve the URP, state law requires Council to formally submit
the URP to the Planning and Zoning Board for its review and recommendation as to the URP's
conformity with City Plan. In addition, Urban Renewal Law 31-25-107 (3.5)(a) requires the City
to submit the proposed URP to the Larimer County Board of Commissioners as well as an impact
report estimation about the time, increment created and impact to County resources, within 30 days
of the final hearing to approve the URP. Although not a requirement of Urban Renewal Law, the
City also committed to submitting the. URP to the other affected taxing entities (i.e., Poudre School
District, Poudre Fire Authority, Library District).
On May 17, 2011, City Council adopted Resolution 2011-045 to formally submit the Midtown Urban
Renewal Plan to the Planning and Zoning Board, the Poudre School District Board of Education,
and the Larimer County Board of Commissioners for their review and, with respect to the Planning
and Zoning Board a written recommendation as to its conformity with City Plan.
Upon adoption of Resolution 2011-045, Larimer County received the URP and impact report and
initially provided some concerns. Staff met with County officials and provided resolution to these
concerns. The County verbalized support for Midtown URP and the concept of creating TIF
districts.
The remaining affected taxing entities that received and reviewed the URPprovided no additional
comments or concerns to staff.
FINANCIAL I ECONOMIC IMPA CTS
By adopting Resolution 2011-081, the Urban Renewal Authority is enabled to use the powers within
its authority, as identified in the Urban Renewal Plan, to provide assistance to eligible projects that
will aid in the elimination of blighted conditions within the Midtown commercial corridor. By
adopting the Resolution and approving the Plan, Prospect South is established as Midtown's first
tax increment financing (TIF) District, thus allowing the Urban Renewal Authority to collect
IN
September 6, 2011
property tax TIF based on the redevelopment activity that occurs over the statutory 25 year lifetime
of the District.
The timing for the creation of this plan area is intentional. Staff has been in negotiations with a
major catalytic student housing project over the past year. This project will be located in the
Prospect South TIF district and generate over $8 million in property tax increment over the
dedicated 25 years. This project has already spurred interest in Prospect South and staff is aware
of at least four potential projects in close proximity to the student housing project that will be
constructed in the next year as a result of this catalyst. Prospect South will be a prominent gateway
for Midtown and the 'southern entrance to Colorado State University (CSU) generating more tax
increment for area -wide improvements than a single project could provide; in excess of the
predicted $8 million.
ENVIRONMENTAL IMPACTS
Adopting Resolution 2011-081 will not have any direct environmental impacts. Potential
redevelopment projects resulting from this Resolution that request TIF assistance from the Urban
Renewal Authority will be subject to the pending 2011 revised URA Policies and Procedures. The
Policies and Procedures will require that projects adhere to the recently adopted Green Building
Code and prepare a Construction/Deconstruction Waste Management Plan, among other
sustainable practices. Preference will be given to projects that go above and beyond Code
minimums to ensure that TIF assistance is reserved for high quality, sustainable redevelopment. "
Christina Vincent, Urban Renewal Authority Redevelopment Program Administrator, stated this 9-
month process has involved many public outreach meetings. Resolution 2011-080, would adopt the
existing conditions survey and declare the area blighted. Resolution 2011-081 would adopt the plan
itself and create the first TIF district.
Megan Bolin, City Planner, discussed the proposed Midtown Urban Renewal Plan area. She
discussed the seven blight factors present in the area and the various abilities of the Urban Renewal
Authority.
Vincent clarified that Council's action will establish the Urban Renewal Plan area on behalf of the
URA Board, which cannot establish its own plan area. The URA Board considered actions that are
a result of projects or decisions that relate to the established plan areas.
Ray Martinez, 4121 Stoneridge Court, South Fort Collins Business Association Board of Directors,
lauded the public process and staff s work on the item and supported adoption of the Resolutions.
Nancy York, 130 South Whitcomb, opposed the use of TIF assistance for the Midtown area.
David Everitt, 2413 Brookwood Drive, supported the Resolutions.
Spiro Palmer, 4323 Shoreline Drive, supported the Resolutions.
19
September 6, 2011
Gina Janett, 730 West Oak Street, noted South College Avenue has a great deal of private
redevelopment occurring, including the Mason Street Corridor, and questioned whether or not this
plan is needed.
Jay Girard, Fort Collins New Car Automobile Dealers Association President, supported the
Resolutions.
Bill See, 819 Strachan, supported the Resolutions.
Glen Colton, 625 Hinsdale Drive, opposed the Resolutions and provided handouts to Council.
Ann Malone, 1220 East Stuart, opposed the Resolutions.
Les Kaplan, 140 Palmer Drive, supported the Resolutions.
Eric Sutherland, 3520 Golden Currant, asked how TIF is awarded to projects and how the tax
increment that is diverted from other entities is calculated.
Allen Ginsborg, College and Horsetooth shopping center owner, supported the Resolutions.
Jim Palmer, South Fort Collins Business Association President, supported the Resolutions.
("Secretary's note: Council took a brief recess at this point in the meeting.)
Councilmember Manvel asked if it is possible for Council to amend the Urban Renewal Plan given
that it has received County approval as is. Daggett replied the statute requires that a substantial
modification would need to go through the review process.
Councilmember Manvel asked about the timetable to date in regard to the 120 days mentioned in
Resolution 2011-081. Vincent replied the 120 days began on May 17, 2011, when the plan was
referred to the existing taxing entities and the Planning and Zoning Board.
Councilmember Manvel expressed concern the Capstone project may not be approved by the URA
Board and asked about ramifications of approval of the Urban Renewal Plan. Vincent replied staff
would recommend stopping the tax increment financing clock until the proper catalytic project is
presented.
Councilmember Manvel asked if it would be possible to place a contingency clause on the TIF
district approval to begin if and when a project is approved. Daggett replied she would investigate
the option.
Councilmember Poppaw asked why the City is not encouraging development to occur on its own
as the Mason Corridor comes on line. Vincent replied the Midtown area is larger than just the
Mason Corridor and the investment in rapid transit alone cannot spur the development needed for
Rol
September 6, 2011
Midtown. City Manager Atteberry replied the Mason Corridor is a major asset to the Capstone
proj ect.
Councilmember Poppaw asked how much money schools will lose given the fact that the State does
not have the money to backfill the losses. Vincent replied she would investigate the answer.
Councilmember Poppaw asked about the model for.the North College Citizens Advisory Group
(CAG). Vincent replied an ad hoc committee of City Councilmembers formed in 2006. That
committee formed a partnership with the North College Avenue Business Association to create a
citizens advisory group. The members are appointed by the North College Avenue Business
Association Executive Board. This proposed URA Board is not set up for that structure.
Councilmember Poppaw asked if there are any members in the North College Citizens Advisory
Group that do not have a financial interest in North College. Vincent replied one member is a past
employee of CSU and represents housing interests. Councilmember Manvel and Planning and
Zoning Boardmember Bridgette Schmidt sit on the Board as does Bob Brown, the Greenbriar
Homeowners Association president.
Councilmember Poppaw asked how many members are on the CAG. Vincent replied there are
eleven members and nine voting members. Bridgette Schmidt and Councilmember Manvel do not
vote.
Councilmember Troxell asked for the definition of a TIF. Vincent replied a TIF is the increment
above the current base as a result of development occurring. The taxing entities continue to receive
the base as well as an inflation rate every other year. The amount on top of the base, resulting from
development, is captured by the Urban Renewal Authority to be put back into infrastructure projects.
At the end of the time period, up to 25 years, the taxing entities receive the swell of funding
resulting from the public — private partnership.
Councilmember Troxell asked how a project qualifies for TIF. Vincent replied extensive policies
adopted by the URA Board guide applicants through the process. Applicants must submit to a
financial pro forma review and a review of the URA goals and objectives.
Councilmember Troxell made a motion, seconded by Councilmember Horak, to adopt Resolution
2011-080.
Councilmember Manvel expressed concern regarding the extent of the area but noted there are many
examples of deterioration. He stated he would support the Resolution but noted not all projects will
be entitled to tax increment financing.
Councilmember Troxell agreed with Councilmember Manvel.
Councilmember Poppaw stated she would support the motion and agreed Council should be
selective with the projects it selects to receive TIF.
21
September 6, 2011
Mayor Pro Tern Ohlson agreed TIF should be used selectively.
Mayor Weitkunat stated she would support the motion as it will aid in advancing the community.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Troxell made a motion, seconded by Councilmember Manvel, to adopt Resolution
2011-081.
Mayor Pro Tern Ohlson asked if URA statutes differ from the DDA, from which the taxing entities
did not receive the swell of money at the closure of the term. Vincent replied the legislation returns
the money to the taxing entities once the plan area has ended, in no more than 25 years.
Councilmember Horak discussed the evolution of the URA.
Mayor Pro Tern Ohlson asked how many projects have unsuccessfully applied for URA assistance.
Vincent replied seven potential projects have not been recommended for approval, and that number
does not include a few projects along the I-25 corridor.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Resolution 2011-082
Clarifying the Basis for the Setting of Development
Review and Building Permit Fees, Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
At the June 14, 2011, Work Session, Council discussed a proposed change to the City's cost
recovery philosophy for Building Permit and Plan Check Fees and an increase to these fees.
Council directed staff to conduct outreach to affected boards and interests, and bring the issue back
to Council forformal consideration. This proposal is consistent with the City's practice of ensuring
that new development pays for the development related service costs. It represents a change of
philosophy to move from a goal of collecting 80% of the cost of the entire Development Review
Center through fees, toward recovering 100% of the cost of Fee -Related Services though Building
Permit and Plan Check Fees. This approach would result in an increase of 0.5% to 6.5% in
Building Permit and Plan Check fees, and yield an additional $714, 098 in fee revenue to support
the Development Review Center. Fee increases would be implemented January 1, 2012.
22
September 6, 2011
BACKGROUND /DISCUSSION
For many years, the City had a Land Use Code policy to recover 80% of the costs of development
through the collection of fees on development. Though this official policy was eliminated in the
adoption of a more recent Land Use Code, the organization has continued to operate with the
expectation that it should recover a similar percentage of these development -related costs. In 2008,
staff examined its cost -recovery performance and found that less than half of the costs of the
Development Review Center were recovered through fees. A combination of a lower number of
permits and development applications and a number of years without fee increases led to a lower
cost recovery. Adjustments to Building Permit and Plan Checkfees were discussed with the Council
Finance Committee at that time, but staff received direction to postpone any increases until the
economic situation in the community improved. Staff returned to City Council with a newproposal
for consideration by the Finance Committee and the City Council at a work session and received
direction to continue to develop a proposal and seek community input.
Proposal:
Staff has developed a proposal for Council's consideration which would increase the Building
Permit and Plan Checkfees to reflect the current costs associated with providing these services, and
at the same time, update the philosophical underpinnings of the City's method for calculating fees.
In the past, Council had expressed a desire to recover 80% of the Development Review Center's
costs though fees, with 20% of the costs being attributed to community good. Since the fee formula
has not been updated for many years, and the City has experienced less construction activity in
recent years, current cost recovery is approxi mately 60% of the Development Review Center's costs.
The Resolution, if adopted, clarifies that the City Manager is authorized to set a fee based on the
costs ofproviding development and buildingpermit review services, pursuant to City Code Section
7.5-2. The result would be that the City Manager will implement a fee for these services designed
to recover 100% of the fee -related services (with some exceptions for items such as water heaters)
through the City's Building Permit and Plan Check Fees. To determine the cost recovery goal,
expenses of the Development Review Center have been divided between fee -related services and
non fee related services. Fee -related services are those which,are directly tied to new development
or construction. Non fee related services represent those activities of the department which are not
suitable for being funded through fees, either logistically or as a matter ofpublic purpose. The cost
breakdown of services allocated to the Fee -related services category include the following:
041
September 6, 2011
2011 Fee Study: Recoverable Costs
Services
% Costs
Services
% Costs
Recovered
Recovered
Current Planning
20%
Water Development Review
100%
Zoning
50%
Wastewater Development
100%
Review
Customer and Administration
90%
Stormwater Development
100%
Review
Building Inspection
75%
Historic Preservation
50%
Plan Review
90%
Green Building
100%
Enforcement
Construction Inspection
100%
Community Development
100%
Neighborhood Services
CDNS Hourly Staff
Engineering Survey
100%
Management Information
100%
Development Review
Services (MIS) —
Development Tracking
System/Licensing
Engineering Development
35%
MIS — Development Review
100%
Review
Geographic Information
Services GIS
Traffic Development Review
100%
Development Review
100%
La to Re lacement
Light and Power Development
100%
Review
III
Within the Development Review Center (DRC), activities which link directly to development include
such services as plan checking, proposal submission and review, issuing building permits,
inspections, among others. Non fee related services might include such things as Conceptual
Review, zoning questions not related to a specific project, special projects, Service Area Requests,
workfor other organizations (reviewing a plan for Larimer County, Poudre School District, etc)
An analysis of the cost breakdown between fee -related services and non fee related services found
that 70% ofDRC expenses result from fee -related services and 30%from non fee related services.
This breakdown is further illustrated in Attachment 1, 2011 Fee Study Building Permit and Plan
Check Fees, Figure 1.
In order to reach the goal of recovering 100% of the costs of fee -related services, the City is
currently approximately $700, 000 short of covering fee -related services with fee revenue. In the
24
September 6, 2011
current budget, that funding comes from the General Fund and reserves, but adjusting fees would
result in a 100% cost recoveryfee schedule for 2012.
Attachment 1, the 2011 Fee Study, Building Permit and Plan Check Fee proposal, provides
additional detail about theproposed approach to settingfees, the City's relativeposition in the local
construction market (before and after implementation of the proposal), and the impact of the fee
change on a variety of types of building permits and valuations.
Attachment 2 includes the City's current and proposed Plan Review and Building Permit Fee
Schedules.
FINANCIAL /ECONOMIC IMPACTS
This fee increase will apply to all building permits, including both new construction and
remodel/renovation projects. The impact on permit holders will be between 0.5% and 6.501o,
depending on the valuation of the project receiving the permit. The fee increase will result in
approximately $715, 000 in new fee revenue to support the City's Development Review Center. "
Ann Turnquist, Policy and Project Manager, stated the City charges building permit and plan check
fees based on a formula which has not changed since 1982. The fees are driven by valuations. The
previous goal was to recoup 80% of the cost of the Development Review Center through these fees.
It was discovered that amount recouped was actually only about 50%. The proposal is to have a
goal to recoup 100% of fee -related services and acknowledged the remaining costs are not easily
or appropriately recovered through fees. The Resolution acknowledges that the City Manager has
the authority to set administrative fees and endorses the methodology used to calculate the proposed
fees.
Eric Sutherland, 3520 Golden Currant, questioned the wisdom of placing all of the funding for the
Development Review process on the developers.
Clint Skutchan, Fort Collins Board of Realtors, offered tentative support for the Resolution. He
suggested the possibility of a third party service provider and expressed concern regarding possible
additional fee increases and the outreach provided to the development community. He suggested
phasing in fee increases.
David Everitt, 2413 Brookwood Drive, stated cost recovery is not necessarily justifiable as costs
may either be below or above what is appropriate.
Jim Palmer, South Fort Collins Business Association, expressed concern his Association was not
part of the discussion regarding these changes.
Councilmember Troxell asked how it can be argued that processes are being improved and made
more efficient in light of the cost recovery approach.
25
September 6, 2011
Steve Dush, Community Development and Neighborhood Services Director, replied the question
of efficiency has been addressed in the Budgeting for Outcomes process as the Development Review
Center lost 7.2 full time positions. The proposed fees are lower than the industry standard.
Councilmember Troxell asked about the possibility of additional fee changes in the future.
Turnquist replied Council requested a review of building review and plan check fees as well as
capital expansion fees. The capital expansion fees will be explored as the next piece.
Councilmember Troxell asked if a downturn in development would result in City staffing shortfalls.
Turnquist replied there would be a direct tie between the number of building permits issued and
staffing levels.
l
Councilmember Troxell asked if the Development Review Center has specified levels of service
against which it can monitor and gauge its performance. Dush replied in the affirmative and stated
Mike Gebo, Chief Building Official, prepares reports as to the number of days it takes for permits
to be completed. Process gaps are analyzed in weekly staff meetings.
City Manager Atteberry stated standards can be maintained while improving processes. Council has
approved the ability to use outside services for plan review, should it be needed.
Mayor Pro Tem Ohlson asked what assurance, Council has that this item will be evaluated in no
longer than two years. Turnquist replied this change ties the process to the Budgeting for Outcomes
process.
Mayor Pro Tem Ohlson noted increases in these fees have been delayed for years and were once
slated to be drastically higher than they are currently proposed.
Mayor Weitkunat asked about potential payment flexibility and timing. Dush confirmed certain
non-refundable fees are collected at the beginning of the development review process. The proposed
methodology applies to the permit review and plan check fees only.
Mayor Weitkunat asked about potentially phasing in the fees. Turnquist replied it is possible to
phase in the fees over a two-year period as the Development Review Center is funded at its current,
Budgeting for Outcomes offer.
Councilmember Manvel asked about the financial goal. Turnquist replied the fees are slated to fill
a $714,000 gap; phasing would result in half of that being filled in 2012 and half in 2013.
Councilmember Troxell asked about the use of sales or use taxes as opposed to development fees.
Mike Gebo, Chief Building Official, stated valuations could be used to collect sales tax. It would
be possible to place more audits on single-family projects.
Mayor Pro Tem Ohlson expressed concern Fort Collins maybe one of the last communities to adopt
2011 changes to the square foot fee table. Gebo replied the 2011 version increases a permit fee for
26
September 6, 2011
a typical single-family home over 20% and the City is using a fee table in the middle range of other
jurisdictions.
Mayor Pro Tern Ohlson stated the City should be adopting the latest Codes on a quicker basis.
Councilmember Manvel made a motion, seconded by Mayor Pro Tern Ohlson, to adopt Resolution
2011-082 for implementation on January 1, 2012.
Mayor Weitkunat suggested a friendly amendment to phase in the fee increases over two years given
the current economic situation and other potential fee increases.
Councilmember Manvel did not support phasing given that the fee gap will be covered by all City
taxpayers if not by these fee increases.
Mayor Pro Tern Ohlson did not support phasing given the small amount of fee increases.
Councilmember Troxell stated he would not support the motion without the inclusion of phasing.
Councilmember Horak stated he would like metrics regarding the building review timeline and
citizen satisfaction at the next Budgeting for Outcomes process. He suggested, rather than phasing,
the new fees could begin in 2013.
The vote on the motion was as follows: Yeas: Manvel, Ohlson, Poppaw and Horak. Nays:
Weitkunat and Troxell.
010
Extension of the Meeting
Councilmember Manvel made a motion, seconded by Councilmember Horak, to extend the meeting
past 10:30 p.m. Yeas: Weitkunat, Manvel, Ohlson, Horak and Troxell. Nays: Poppaw.
THE MOTION CARRIED.
("Secretary's note: Councilmember Poppaw left at this point in the meeting.)
Resolution 2011-083
Replacing the City's Appointed Director on the Platte
River Power Authority Board of Directors, Adopted
The following is staff's memorandum for this item.
27
September 6, 2011
"EXECUTIVE SUMMARY
Platte River Power Authority (PRPA) was established by the cities of Fort Collins, Loveland,
Longmont and Estes Park to be their wholesale power provider. The contract establishing PRPA
requires each municipality to have two members on the board of directors of PRPA. One is the
mayor, and the other is appointed by City Council.
This Resolution replaces the Utilities Executive Director with a member of the City Council.
BACKGROUND /DISCUSSION
Platte River Power Authority (PRPA) was established by the cities of Fort Collins, Loveland,
Longmont and Estes Park to be their wholesale power provider. The contract establishing PRPA
requires each municipality to have two members on the board of directors of PRPA. One is the
Mayor, and the other is appointed by City Council.
Historically, the Council -appointed Board member has been the Director of Utilities. The Director
of Utilities reports to and receives direction from the City Manager. As the policy making body for
the City, City Council believes that its appointed member of the Board should be a member of the
City Council.
This Resolution removes the Utilities Executive Director, Brian Janonis, and fills that vacancy with
a member of the City Council. "
City Manager Atteberry stated this Resolution would remove Brian Janonis, Utilities Executive
Director, from the PRPA Board and fill that vacancy with a member of City Council.
Eric Sutherland, 3520 Golden Currant, encouraged the City to work with its PRPA partners.
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Manvel, to adopt Resolution
2011-083 placing Councilmember Horak on the PRPA Board.
Councilmember Horak discussed his qualifications for the position.
Mayor Pro Tern Ohlson stated Councilmember Horak is extremely qualified to fill the position.
Councilmember Manvel stated Councilmember Horak, along with Mayor Weitkunat, will now have
the ability to bring policy direction to the Board.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Horak and Troxell.
Nays: none.
THE MOTION CARRIED.
W.
September 6, 2011
Ordinance No. 111, 2011
Appropriating Prior Year Reserves and Unanticipated
Revenue in Various City Funds, Adopted on First Reading
The,following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
Following is a list of funds that make up the increase in appropriations:
General Fund
Unanticipated Revenue
$
630,881
Prior Year Reserves
Traffic Surcharge Reserve
$
93,696
Camera Radar Reserve
$
274,485
Other Reserves
$
213,807
Capital Projects Fund 1
$
355,000
Cultural Services and Facilities Fund
$
53,768
Neighborhood Parkland Fund
$
167,797
Recreation Fund
$
151,901
Sales & Use Tax Fund
$
502,526
Transit Services Fund
$1,445, 784
Transportation Services Fund
$
36,500
The purpose of this annual "clean-up " Ordinance is to combine dedicated revenues or reserves that
need to be appropriated before the end of the year to cover the related expenses that were not
anticipated and, therefore, not included in the 2011 budget. The unanticipated revenue is primarily
from fees, charges, rents, contributions and grants that have been paid to City departments to offset
specific expenses. Prioryear reserves areprimarily being appropriated for unanticipated operation
expenses from reserves that are set aside for that purpose.
This Ordinance appropriates prior year reserves and unanticipated revenue in various City funds.
The City Charter permits the City Council to provide by ordinance for payment of any expense from
prior year reserves. The Charter also permits the City Council to appropriate unanticipated
revenue received as a result of rate or fee increases or new revenue sources.
If these appropriations are not approved; the City will have to reduce expenditures even though
revenue and reimbursements have been received to cover those expenditures.
BACKGROUND /DISCUSSION
A. GENERAL FUND
1. Fort Collins Police Services ("FCPS') has received revenue from various sources which
needs to be appropriated to cover the related expenditures. A listing of these items follows:
29 ,
September 6, 2011
a. $34,500 - Chemical Test Fees and Driving Without insurance Penalty Assessments -
Pursuant to C.R.S. 16-11-501(2)6), the costs of chemical tests (blood/breath tests)
shall be reimbursed by the defendant to the law enforcement agency which
administered and paid for the test. The driving without insurance law provides
revenue to the law enforcement agency issuing the citation. It is projected that by
the end of 2011, $34,500 will have been collected by the courts and passed on to
FCPS under these provisions. This revenue is used to directly offset the actual cost
of testing for Driving Under the Influence and Driving Under the Influence ofDrugs.
b. $3,800 - Training Revenue - In 2011, FCPS sponsored various classes which other
agencies paid tuition to attend. The training events were sponsored by the SWAT
Team. The revenue from these classes is used to offset the cost of supplies and to
fund other SWAT related supply costs.
C. $4,200 - Community Workshop Fees - FCPS conducts community education
workshops for Municipal Violation and Noise Violation offenders. Attendance is a
requirement as part of their sentence. The fee is $20 per participant. This money
is used to offset the overtime incurred by those teaching the course.
d. $12,390 - Miscellaneous Overtime Reimbursement - In 2011, Police Services billed
various outside entities for overtime expenses for the following activities: DEA
investigative partnership, Tour De Fat, Brew Fest and the Regional Auto Theft
Investigative Unit. The revenue collected directly offsets what was spent.
e. $38,200 - Police Report and Special Event Permit Fees - Police reports purchased
by the public and insurance agencies generate revenue of approximately $7.50 per
report. Special event permits are required if the public wishes to hold an event that
will interfere with vehicular or pedestrian traffic or takes place on public property.
Special event permits cost $50 per event. In 2011, approximately $38,200 will be
collected from these fees. The fee revenue is used to subsidize the cost of copy
machine rental.
f. $200 - Community. Contributions - In 2011, FCPS received a $200 donation from a
community member for the K-9 program. The money will be used to purchase
equipment for the program.
g. $93, 696 - Traffic Surcharge Officer - In 2010, authorization was received to hire an
additional police officer assigned to the Traffic Unit, to be supported by the Traffic
Calming Surcharge. The addition was notpart of the 2011 authorized budget. Since
inception, the fund has stabilized enough to support a third officer dedicated to
traffic enforcement. This appropriation covers the 2011 salary and benefits for the
officer.
h. $97, 068 - Downtown Development Authority (DDA) Funded District One Officer -
In 2010, the City of Fort Collins entered into an agreement with the DDA for the
DDA to provide two years offundingfor an additional officerfor District One. This
appropriation covers the ongoing operating expenses, salary and benefits for 2011.
30
September 6, 2011
i. $13,500 — Police Service Seizure Expense - In 2011, Police Services purchased a
Lexipol policy management system. The system allows for review of the origin of all
policy content, includingfederal and state laws and law enforcement bestpractices.
This system provides regularpolicy updates in response to legislative mandates, case
law and best practices evolution. Federal rules determine what seizure funds can
be used for and the purchase of this system is a permissible use of these funds.
j. $46, 309 —In-Car DU[ Officer Camera System -The old DUI car camera system was
failing, beyond its useful life and ability to be covered by a maintenance agreement.
A new system by the name of "Arbitrator" was purchased in 2011. City of Fort
Collins Purchasing Guidelines were followed in the acquisition of this system.
k. $228,176 — Patrol Car Modification Project - With the replacement of laptops
scheduled at the end of the year, modifications need to be made to the patrol cars to
accommodate the new laptop. The semi rugged laptop is at the end of its life cycle
and the next ruggedized series has a different `footprint". Docking stations are
being installed to improve connectivity to (1) exterior antennas (Wi-Fi hotspots,
broadband, GPS signals) (2) power sources (battery, alternator and distribution
timers) and (3) interfacing USB devices (cameras, voice recorders, etc)
The docking station also provides a locking mechanism for anti -theft and a more
sturdy housing than a stand-alone computer mount. Antennas will be added for
improved wireless coverage. The vehicles center console will be modified to
integrate the docking station and laptop safely and ergonomically instead of
installing separate computer mounts. New radio cabling will also be installed in
anticipation of mobile radio replacement in 2012 while the console is removed,
saving labor costs on that project. In total, 147 vehicles are being equipped. It is
estimated these consoles have a useful life of 10+ years.
1. $40, 000 — Computer Aided Dispatch (CAD) System Storage Capacity Addition - The
aging CADIRMS (Records Management System) system required a storage upgrade
in 2011. This appropriation will cover the cost of replacing the RMS component of
the CAD system: This will be funded by the CAD reserve account which was
established exclusively to repair/replace CAD components.
M. $6, 000 - Seatbelt Enforcement Grant - In 2011, FCPS received a contract from the
State of Colorado Department of Transportation for $6, 000 to be used for Seatbelt
compliance enforcement.
n. $6,356 — Driving while Under the Influence (DUI) Enforcement Grant - FCPS
received an additional $6, 356 offunding over what was originally appropriated for
the 2010 DUI enforcement grant. The grant pays for FCPS officer overtime during
multi -agency checkpoints.
31
n
September 6, 2011
o. $15, 335 —DU[ Enforcement Grant —Fort Collins Police Services (FCPS) received
a grant for DUI enforcement in 2011. The grant pays for FCPS officer overtime
during multi -agency checkpoints.
P. $6,376- Colorado Internet Crimes Against Children Grant -For late 2010 and early
2011 Fort Collins Police was the sub -recipient of $6,376 in grant funding as part of
the Colorado Internet Crimes Against Children (ICAO) Task Force. The Colorado
Springs Police Department administered the grant and FCPS received funds to pay
for ICAC sponsored community internet safety meetings and case related overtime.
The grant also provided funds to purchase computer equipment and to attend out of
state training.
q. $13,271 — Supplemental Grant Awards - Fort Collins Police Services is the
administrative agency for the Northern Colorado Drug Task Force (NCDTF). The
NCDTF is the recipient of a grant from the Rocky Mountain High Intensity Drug
Trafficking Area (HIDTA) program. Occasionally, additional funding is available
to help offset the cost of illegal narcotics investigations. Supplemental funding was
received for both 2009 ($7,414) and 2010 ($5,857) grants.
FROM:
Unanticipated Revenue (Miscellaneous Police)
$
93,290
FROM:
Unanticipated Revenue (DDA)
$
97,068
FROM:
Prior Year Reserve (Traffic Surcharge)
$
93,696
FROM:
Prior Year Reserve (Police Seizure)
$
13,500
FROM:
Prior Year Reserve (Camera Radar)
$274, 485
FROM:
Prior Year Reserve (CAD Replacement)
$
40,000
FROM:
Unanticipated Revenue (Seatbelt Grant)
$
6,000
FROM:
Unanticipated Revenue (DUI Enforcement Grant)
$
21,691
FROM:
Unanticipated Revenue (ICAC Task Force Grant)
$
6,376
FROM:
Unanticipated Revenue (Drug Task Force Grant)
$
13,271
FOR:
Police Services
$612,039
FOR:.
Seatbelt Grant
$
6,000
FOR:
DUI Enforcement Grant
$
21,691
FOR:
ICAC Task Force Grant
$
6,376
FOR:
Drug Task Force Grant
$
13,271
2. The Climate Wise program received a private grant of $4,000 in 2010 for continuing
education, events and outreach to encourage further Climate Wise partner project
implementation and to reach new businesses. At the end of 2010, the revenue was closed
into the General Fund reserves. The grant period is from July 1, 2010 through June 30,
2011. This grant does not require a local match.
FROM: Prior Year Reserves (General Fund) $4, 000
FOR: Climate Wise Program Expenses $4,000
32
September 6, 2011
3. The Waste Innovation Program, which generates money from departments' landfill tipping
fees, has a current balance of $105,307. To meet the City's internal sustainability goals,
the City Manager established this fund in 2010 to be used for projects that improve various
departments'abilitytodivert trashfromlandfill disposal. Working with Parks Maintenance,
Streets, and Environmental Regulatory Affairs, the Natural Resources Department has
developed a proposal to establish a fully permitted, outdoor facility that will be used for
composting landscape maintenance trimmings and fall leaves. The $105,307 in the Waste
Innovation Program will be applied to building the new composting facility, which has a
projected budget of $119, 500 to complete Phase I (planning) and Phase II (implementation).
FROM: Prior Year Reserves (General Fund)
FOR: Waste Innovation Fund Expenses
$105,307
$105,307
4. a. The City Manager and Executive Leadership Team (ELT) considered ways to enhance
the efficiency and effectiveness of the City organization. Changes impacting existing
service areas were approved in March 2011 and included the following:
1. Assistant to the City Manager - This new position is an executive level position
intended to support the City Manager in pursuing a world class community and
performance excellence. There will be primarily three areas of focus, including
Sustainability Coordination, CommunityDesign & Special Projects, and Innovative
Culture.
2. Assistant to the City Manager - Employee and Communications Services
(Restructured Communications and Public Involvement Director Position)
3. Reclassify the current Public Relations Coordinator to the Communications and
Public Involvement Manager
This item appropriates $25,000 from General Fund Reserves to cover the costs for this
change in 2011.
b. On November 10, 2010 the Communications and Public Involvement Office (CPIO)
received and deposited a donation from the Johanna A. Favrot Fund to be used towards
the 2011 City Works 101 program. At the end of 2010, the revenue was closed into the
General Fund reserves. This item appropriates this donation in the amount of $6, 000for
that purpose.
FROM: Prior Year Reserves (General Fund) $31,000
FOR: Communications & Public Involvement Office Expenses $31,000
5. Forestry has identified several high use public areas where trees need maintenance for
safety and tree health reasons. In some cases, maintenance has not been performed in over
a decade. This item appropriates $20, 000 from the General Fund -Tree Donations Reserve
to be used to contractually prune and remove mature City trees.
33
September 6, 2011
FROM: Prior Year Reserves (Tree Donations) $20, 000
FOR: Forestry Expenses $20, 000
6. This request is to appropriate a $30, 000 donation from Poudre Valley Health Systems for
the 4th of July celebration in 2011. The donation paid for fireworks and other supplies for
the celebration.
FROM: Unanticipated Revenue (Donations) $30, 000
FOR: Parks Expenses $30,000
7. Operations Services -Facilities has performed construction, maintenance, repairs,
alterations, and facilities related services for various City departments on a cost
reimbursement basis. This work includes the recent project of repainting the interior of the
downtown Civic Center Parking Structure. This item appropriates $225, 000 that has been
billed to those various departments to cover the cost of the workperformed.
FROM: Unanticipated Revenue (Workfor Others) $225,000
FOR: Facilities Expenses $225,000
8. The Gardens on Spring Creek has received additional money from events above the original
revenue appropriated during the budget process. These revenues will be used to fund
hourly, seasonal staff and supplies at The Gardens. In addition, sponsorship dollars were
raised to support events. These monies must be spent on those specific events (Harvest
Festival, Garden of Lights, etc.).
FROM: Unanticipated Revenue $50, 000
FOR: The Gardens on Spring Creek $50, 000
9. The Gardens on Spring Creek received several grants in 2011 that need to be appropriated.
They are as follows: Can Do Grant - $13,000, Stanley Smith Horticulturist Trust Grant -
$19,350, and Colorado Health Foundation Grant - $55,835. The Can Do Grant and
Colorado Health Foundation Grantfund the Community Garden Outreach Program, which
grows food in the Garden of Eatin', coordinates Garden Network meetings for those
interested in community gardens andgrowingfood for low incomepopulations, and provides
technical assistance to people and organizations that are creating community gardens
specifically targeting low income residents. The Stanley Smith Horticulturist Trust Grant
provides money for an hourly horticulturist to oversee construction and maintenance of the
Rock Garden which opens in September 2011.
FROM: Unanticipated Revenue (Grants) $88,185
FOR: The Gardens on Spring Creek Grant Expenses $88,185
B. RECREATION FUND
1. The following items appropriate expenditures from unanticipated revenue and unrestricted
reserves for programs in the Recreation Fund.
34
September 6, 2011
a. $24,000 — Recreator - Unanticipated revenue ($11,000) for advertising sales in the
Recreator and prior year Recreation reserves ($13, 000) will be appropriated through
this item and used for increased production and distribution costs for the publication.
Over the nextfew months there could be additional unanticipated revenues that offset the
need to draw on the Recreation Reserves.
b.• $17,260 —Northside Aztlan Community Center Rentals - Unanticipated revenue for the
Northside Aztlan Rentals will be appropriated through this item and used to cover
additional costs of increased rental activity.
c. $5,951 — Northside Aztlan Community Center Fitness - Unanticipated revenue in
Northside Aztlan Fitness programs will be appropriated through this item and used to
cover additional costs of the increased programming demand.
d. $35, 000 —Trips and Travel Program -Unanticipated revenue in the Senior Center Trips
and Travel program will be appropriated through this item and used to cover additional
costs of increased programming demand.
FROM: Unanticipated Revenue (Recreation Fund) $69,211
FROM: Prior Year Reserves (Recreation Fund) $13,000
FOR: Recreation Programs $82,211
2. The Recreation Division administers several restricted revenue accounts for various
programs. Revenues for these programs include grants, fund-raising events and activities,
and sponsorships. The following items appropriate unanticipated restricted revenue and
restricted reserves for specific programs.
a. $11, 000 —Alternative Programs -Prioryearreserves inthe Alternative Program special
revenue account will be appropriated through this item and used for fall programs and
contractual staffing.
b. $7,000 — Youth Programs - Unanticipated revenue in the Youth Programs special
revenue account will be appropriated through this item and used for the Toys for Kids
program and fundraising activities.
c. $1,000 — Senior Center - Prior year reserves in the Senior Center special revenue
account will be appropriated through this item and used for an upgraded sound system
and fundraisers.
d. $8, 855 —Senior Center -Prior year reserves in the Recreation donation special revenue
account will be appropriated through this item and used for a fundraising feasibility
study and a business plan for the Senior Center addition.
e. $2, 800 —Youth Sports -Prior year reserves in the Youth Sports special revenue account
will be appropriated through this item and used to purchase youth sports equipment.
35
September 6, 2011
f. $17, 500— Club Tico -Unanticipated revenue ($16, 000) and prior year reserves ($1, 500)
in the Club Tico special revenue account will be appropriated through this item and used
for the architectural designs ofphase two of the Club Tico renovation.
g. $4,535 —Active Kids -Prioryear reserves in the Active Kids special revenue account will
be appropriated through this item and used to support youth physical activities.
h. $17,000 —Youth Football -Unanticipated revenues ($12,125) and prior year reserves
($4, 875) in the Youth Football special revenue account will be appropriated through this
item and used to support youth football programs.
FROM: Unanticipated Revenue (Recreation Fund) $35,125
FROM: Prior Year Reserves (Recreation Fund) $34, 565
FOR: Recreation Programs $69, 690
C. TRANSIT SERVICES FUND
1. Federal Transit Authority (FTA) Section 5309 State of Good Repair Funding - The City of
Fort Collins is the recipient of $1,200, 000 in unanticipated 2010 FTA Section 5309 "State
of Good Repair "funding. The funding was awarded to the City to replace three heavy-duty,
diesel transit buses that have exceeded their useful life. Transfort intends to purchase two
35 foot alternative fuel (compressed natural gas) heavy-duty transit buses and one 60 foot
alternative fuel (compressed natural gas) articulated transit bus with the grant funding.
Federal funding has been awarded at an 83%/17% match rate and the local match in the
amount of $245, 784 is requested from the Transit Fund prior year reserves.
FROM: Unanticipated Revenue (FTA Section 5309 Funding) $1,200,000
FROM: Prior Year Reserves (Transit Services Fund) $245, 784
FOR: Replacement Buses $1, 445, 784
D. TRANSPOR TA TION SER VICES FUND
1. Fort Collins FCBikes Program - This item appropriates unanticipated revenue for the 2011
FCBikesprogram. The Orthopedic Center oftheRockiescontributed $500forthe 2011Bike
Week events. These funds will be applied to program expenditures.
FROM: Unanticipated Revenue $500
FOR: FCBikes Program Expenses $500
2. Staff is requesting that the 2011 budgeted appropriation for expenses related to Senior
Alternatives in Transportation (SAINT) services be transferred from the Transit Fund to the
Transportation Fund. Historically, through the Transfort budget, the City of Fort Collins
has contributed annual funding to SAINTfor the operation of a volunteer demand -response
transportation program for people 60 years old and older and people with disabilities. This
low-cost type of transportation eases the demand for more costly Dial -A -Ride services
provided by the City. . A recent Federal Transit Administration procurement review
September 6, 2011
identified the need to use time consuming and expensive FTA procurement processes if the
City continues to make this $36,000 appropriation through the Transfort budget. These
requirements are not necessary if the appropriation is from another fund. As the current
2011 Transfort budget contains $36, 000 to be paid to SAINT, staff as requesting that this
appropriation be transferred to the Transportation Fund to pay to SAINT. This issue will
be addressed as part of the 2013-2014 Budget process to eliminate the future need for a fund
transfer. This item appropriates the $36, 000 in the Transportation Fund.
FROM.- Unanticipated Revenue (Transfer from Transit) $36, 000
FOR: Transportation Services Fund -SAINT Expenses $36, 000
E. NEIGHBORHOOD PARKLAND FUND
1. Trail Connection from Provincetown Development to Carpenter Road - The developer of
Provincetown 3rd filing was required to provide funding for the trail connection from the
development to Carpenter Road for access to Thompson Elementary School on the south side
of the road. Construction of an 8-foot wide concrete trail will be installed in 2011. The
funds will be used for the construction of the trail in conjunction with Waters Way
Neighborhood Park.
FROM.- Unanticipated Revenue
FOR: Trail Development
F. CAPITAL PROJECTS FUND
$167, 797
$167, 797
1. Transfort is requesting that revenue and appropriations in the amount of $350, 000,. be
transferred from the Building on Basics (BOB) Transit Services Fund account to the Mason
Express (MAX) vehicles project in the Capital Projects Fund. BOB funding was awarded
to Transfort to serve as local match for the replacement of transit vehicles. The funds will
serve as a portion of the local match for MAX buses, which will replace older buses. This
transfer is requested to appropriately identify the funds that will be'used to meet the local
match requirements for MAX transit vehicle procurement - in the Mason Corridor Capital
Project in the Capital Projects Fund.
i
FROM. Unanticipated Revenue $350,000
FOR: Mason Corridor Project $350, 000
2. The Fidelity Charitable GiftFundprovided a $5, 000 contribution from an anonymous donor
for bike lane/path improvements on Trilby Road from the railroad to Timberline Road.
Currently the additional funds neededfor these improvements have not been identified. This
appropriates the contribution into the BOB funded Bike Plan project to be held until the bike
improvements project can move forward.
FROM.- Unanticipated Revenue . $5, 000
FOR: BOB — Bike Plan Implementation Project $5, 000
37
September 6, 2011
G. CULTURAL SERVICES AND FACILITIES FUND
1. City Council approved legislation in 105 creating an Art -in -Public Places (APP) Program.
The purpose of the program is to encourage and enhance artistic expression and
appreciation adding value to the community through acquiring, exhibiting and maintaining
public art. The program is funded by setting aside I % of all eligible City construction
projects (including Utility projects) over $250, 000, as defined in the APP guidelines. The
APP Program has received unanticipated revenue for specific art projects. The following
items describe the revenue source and how the funds are to be used.
a. $3,468 is revenue from the North College Improvement Project in the Capital Projects
Fund. These funds will be used for the APP project for North College. This project is
currently in the design phase and will be brought to City Council for final review.
b. $9,800 has been received from the Downtown Development Authority (DDA) These
funds will be used for administration for the collaborative projects with the Downtown
DevelopmentAuthority. For the DDA Alley Paver Project, APPproduced a total ofsixty
pavers with drawings by local youth, to be installed in three alley projects. The Art in
Action Project had an artist working on Old Town Square during the summer months and
creating a final piece of artwork for display.
c.$40,500has been receivedfromthe Bohemian Foundationforthe "Pianos About Town",
a collaborative project with the Bohemian Foundation and Downtown Development
Authority. These funds are the Bohemian Foundation's contribution to the project. This
appropriation funds the overall project, including the tuning, moving, purchase, repairs
and artists painting the pianos, as well as a portion of the administration costs. There
will be fourteen painted pianos about town at the end of the project.
FROM: Unanticipated Revenue
FOR: Art -in -Public Places projects
H. SALES AND USE TAX FUND
$53,768
$53,768
1. The revenue forecast model was updated in July 2011 with data from the first six months of
the year. The net sales and use tax revenue increase is projected to be about 2.5% over the
budgeted amount. While staff does not recommend appropriating the additional -revenue at
this time, the appropriations for transfers from the Sales and Use Tax Fund to the Capital
Projects Fund for the one quarter cent Building on Basics tax, and to the Natural Areas
Fund for the one quarter cent Natural Areas tax need to be increased. Transfers to the
General Fund, the Keep Fort Collins GreatFund, and the Transportation Services Fund are
not needed because the tax revenues are recorded directly into the appropriate find and do
not flow through the Sales and Use Tax Fund.
This item appropriates the projected increase of $217,500 for transfer from the Sales and
Use Tax Fund to the Capital Projects fund for the Building on Basics projects and $217, 500
September 6, 2011
from the Sales and Use Tax Fund to the Natural Areas Fund. These dollars will be held in
the respective fund reserves for future programs and projects.
FROM: Unanticipated Revenue (Sales Tax) $435, 000
FOR: Transfer to Capital Projects - Building on Basics $217,500
FOR: Transfer to Natural Areas Fund $217, 500
2. In accordance with Chapter 25, Article II, Division 5, Manufacturing Equipment Use Tar
Rebate, $67,526 was paid out in March 2011 for the 2009 rebate program. The rebate
program was established to encourage investment in new manufacturing equipment by local
manufacturing firms. Vendors have until December 31st of the following year to file for the
rebate. This item appropriates the use tax funds to cover the payment of the rebates.
FROM: Prior Year Reserves (Sales & Use Tax Fund) $67,526
FOR: Manufacturers Rebate $67,526
FINANCIAL /ECONOMIC LWPACTS
This Ordinance increases total City 2011 appropriations by $3,926,145. Of that amount, this
Ordinance increases General Fund 2011 appropriations by $1,212,869. Fundingfor the total City
appropriations is $2, 593, 814 from unanticipated revenue, $942, 863 from prior year reserves, and
$389,468 transferred from other funds."
Councilmember Manvel made a motion, seconded by Mayor Pro Tern Ohlson, to adopt Ordinance
No. 111, 2011, on First Reading.
Councilmember Horak stated he would like this appropriations of this type to go to the Finance
Committee and appropriate boards and commissions for review prior to Council. He objected to the
process for the selection of Bruce Hendee for the sustainability position.
City Manager Atteberry noted he discussed the appointment and position funding with the sitting
Council and the appointment was in response to Council direction to fill this type of need.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson and Troxell. Nays:
Horak.
THE MOTION CARRIED.
39
The meeting adjourned at 11:15 p.m.
ATTEST:
),�.
City Clerk
Adjournment
O� FQK .•;;0�
ti. •N
g
.E
May r
September 6, 2011