HomeMy WebLinkAboutMINUTES-11/01/2011-RegularNovember 1, 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, November 1,
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, Kottwitz, Ohlson, Poppaw, Troxell and
Weikunat.
Councilmembers Absent: Manvel
Staff Members Present: Atteberry, Krajicek, Daggett.
Agenda Review
3
(City Manager Atteberry withdrew from Consent Calendar consideration due to a conflict of interest
relating to Item #20.)
Deputy City Manager Jones withdrew Item C from Item #20 and 21, Items Relating to the Courtney
Annexation and Zoning, and Items Relating to the Leistikow Annexation and Zoning.
Citizen Participation
Steve Yurash, 4321 Yellowstone Circle, discussed the attrition rate among City utility workers and
encouraged gradually instituting a tiered residential energy rate structure.
Debra Goodson, 912 Wood Street, encouraged the City, County and developer to provide relocation
assistance and services for Bender Mobile Home Park residents.
James Sack, 2945 Bassick Street, Food and Water Watch volunteer, thanked the Mayor and Council
for a letter written to Senator Bennett regarding the Fair Farm Bill.
Carolyn Hoagland, 2900 Querida Street, spoke in support of the Occupy Fort Collins protestors and
peaceful relations with Police Services.
Eric Sutherland, 3520 Golden Currant, opposed the petition for annexation for the Courtney
Annexation.
Devin Himing, 2214 Fossil Creek Parkway, requested postponement of Item No. 21, Items Relating
to the Leistikow Annexation and Zoning.
November 1, 2011
Shane Miller, 4325 Mill Creek, thanked the City and Police Services for restraint used in handling
the Occupy Fort Collins protests.
Rich Crisler, Occupy Fort Collins protestor, stated the trailer on the site of the Occupy protest is
used for medical reasons, cooking, and warmth. He requested that protestors be allowed to sleep
on site.
Wade Turner, Senior Advisory Board Chairperson, announced the program "Growing Older in Fort
Collins," to be held at the Lincoln Center on November 10th.
Myles Crane, Preety Sathe, Elaine Boni, and JoAnn Ginal, Human Relations Commission members,
announced the "Make It Stop" anti -bullying summit to be held at the Northside Atzlan Center on
November 9th.
Cheryl Distaso, Center for Justice, Peace, and Environment, provided an update regarding relocation
efforts for residents of the Bender Mobile Home Park and requested relocation assistance on behalf
of residents.
Benjamin David Gilmore, Occupy Fort Collins protestor, requested permission for the protestors
to be allowed to stay at their current location..
Citizen Participation Follow-up
Mayor Pro Tern Ohlson noted the Occupy protest has occurred on private property and it has been
mentioned that the property owner no longer wants that to continue. Deputy City Manager Jones
stated staff members have been working with protest representatives regarding a protest location and
confirmed that the property owner has not given permission for the protest to occur on the property.
Councilmember Poppaw thanked the Human Relations Commission members for announcing the
anti -bullying summit.
Councilmember Kottwitz defended City Manager Atteberry and his integrity.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the October 4, 2011 Regular Meeting and the
October 11, 2011 Adjourned Meeting.
7. Items Relating to Municipal Mail Ballot Elections.
A. Second Reading of Ordinance No. 130, 2011, Amending Chapter 7 of the City Code
to Expand the Types of Registered Electors Who Automatically Receive Mail
Ballots, and to Require the City to Pay the Postage Due for Ballots Returned by
Mail.
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November 1, 2011
B. Resolution 2011-095 Directing the City Manager to Provide a Written Report to the
City Council Following the April 2, 2013 Regular Municipal Election Regarding the
Costs Associated With, and Turnout Achieved By, Mailing Ballots to Certain
Inactive Voters as Required by Section 7-186 of the City Code.
This Ordinance, unanimously adopted on First Reading on October 4, 2011, amends the City
Code to require that ballots in a City mail ballot election be mailed to certain inactive
electors in addition to all active registered electors. In addition, the Code will be amended
to require that the City pay postage on all voted ballots returned by mail. Both amendments
are anticipated to increase voter participation.
Ordinance No. 130, 2011 was originally considered on Second Reading on October 18,
2011. It was postponed to this date.to allow staff to amend the Ordinance to further define
those inactive -failed to vote electors who will receive a mail ballot package, and to prepare
a Resolution directing the City Manager to provide an analysis of the April 2013 election.
This Ordinance was amended prior to Second Reading on October 18 to add language
clarifying that ballots will be mailed to inactive registered electors with a status designation
of "inactive -failed to vote". On October 18, Council directed that the Ordinance be revised
to provide that any inactive -failed to vote elector who voted in at least one of the past two
General Elections immediately preceding any City election conducted by mail ballot, will
receive a mail ballot package.
8. Second Reading of Ordinance No. 132, 2011, Authorizing the Purchasing_ Agent to Enter
into an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment and
Appropriating the Amount Needed for Such Purpose.
This Ordinance, unanimously adopted on First Reading on October 18, 2011, authorizes the
Purchasing Agent to enter into a lease -purchase agreement with Pinnacle Public Finance for
the lease -purchase of vehicles and equipment. The cost of the items to be lease -purchased
is $1,495,000. Payments at the 2.35% interest rate will not exceed $ 317,787 in 2012.
Money for 2012 lease -purchase payments is included in the 2012 budget. The effect of the
debt position for the purpose of financial rating of the City will be to raise the total City debt
by 0.8%. A competitive process was used to select Pinnacle Public Finance for this lease.
Staff believes acceptance of this lease rate is in the City's best interest.
9. Second Reading of Ordinance No. 133, 2011, Amending Section 2-338 of the City Code
Pertaining to the Duties and Functions of the Parks and Recreation Board.
This Ordinance, unanimously adopted on First Reading on October 18; 2011, modifies the
duties of the Parks and Recreation Board as contained in Section 2-338 of the City Code to
broaden the scope of the Parks and Recreation Board's functions to allow the Board to
promote awareness and appreciation of the value of parks and recreation as a resource
contributing to the quality of Fort Collins.
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November 1, 2011
10. Second Reading of Ordinance No. 134. 2011, Amending Chapter 23. Article V, of the Citv
Code to Add New Provisions Related to the Namingof f City Properties and Facilities.
This Ordinance, unanimously adopted on First Reading on October 18, 2011, establishes a
process for the City Council's responsibilities in the naming of City facilities or properties.
The process defines how appropriate names are selected when a facility is to be named for
a person (living or dead), or for an organization (e.g., foundations) or corporations. This
Ordinance establishes Council's role in such facility naming and establishes the City
Manager's authority to name other facilities. In addition to this Ordinance, 'an
Administrative Policy is outlined which establishes staff s role in the naming of facilities in
other circumstances.
In response to a Council comment that the proposed ordinance included some confusing
language, staff has streamlined subsection 23-141(d) to clarify the process to be used. This
simplified language is included in the Ordinance on Second Reading.
11. Second Reading of Ordinance No. 135, 2011, Authorizing the Appropriation of 2012 Fiscal
Year Operating and Capital Improvement Funds for the Fort Collins -Loveland Municipal
Airport.
The 2012 annual operating budget for the Airport totals $779,550, and will be funded from
Airport operating revenues, contributions from the Cities of Fort Collins and Loveland
($85,000 from each city), and interest earnings. This Ordinance authorizes the City of
Loveland to appropriate the City of Fort Collins contribution, which is a 50% share of the
2012 Airport budget and totals $389,775.
This Ordinance also appropriates the City's 50% share of capital funds, totaling $608,500
for the Airport from federal and state grants; contributions from Fort Collins and Loveland;
and the Airport General Fund. Most of the 2012 Airport capital funds, totaling $1,217,000,
will be used to continue major Airport improvements such as taxiway and apron
rehabilitation and some funds are slated for utility master planning and design engineering
to accommodate Airportbusiness development. OrdinanceNo.135, 2011, was unanimously
adopted on First Reading on October 18, 2011.
12. Second Reading of Ordinance No. 137, 2011, Making Annual Appropriations for the
Downtown Development Authority for the Fiscal Year 2012 and Fixing the Mill Levy for
Fiscal Year 2012.
Ordinance No. 137, 2011, unanimously adopted on First Reading on October 18, 2011, sets
the Downtown Development Authority2012 budget amount of $814,380 to be appropriated
for fiscal year 2012 for the administrative operations budget; sets the amount of $1,652,346
for debt service payments to be appropriated for fiscal year 2012; and sets the 2012 Mill
Levy for the Fort Collins, Downtown Development Authority at five (5) mills, unchanged
since 2002. The approved budget becomes the Downtown Development Authority's
financial plan for 2012.
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November 1, 2011
This Ordinance does not appropriate funds for projects or programs of the DDA funded with
bond proceeds. Examples of projects and programs funded with bond proceeds include
annual holiday light display, facade improvements, the enhanced alley annual maintenance
costs, ice rink, and participation in the river district improvement projects, etc.
13. Items Relating, to Utilitv Rates. Fees and Charges for 2012.
A. Second Reading of Ordinance No. 138, 2011,, Amending Chapter 26 of the City
Code to Revise Water Rates and Charges.
B. Second Reading of Ordinance No. 139, 2011, Amending Chapter 26 of the City
Code to Revise Water Plant Investment Fees.
C. Second Reading of Ordinance No. 140, 2011, Amending Chapter 26 of the City
Code to Revise Wastewater Rates, Fees and Charges.
D. Second Reading of Ordinance No. 141, 2011, Amending Chapter 26 of the City
Code to Revise Sewer Plant Investment Fees.
E. Second Reading of Ordinance No. 144, 2011, Amending Chapter 26 of the City
Code to Revise Stormwater Plant Investment Fees.
Ordinance No. 138, 201.1, proposes a 6% water rate increase. The increase is across the
board and applies to all rate classes. Ordinance No. 139, 2011, will increase water plant
investment fees an average of 4.7% for 2012. Ordinance No. 140, 2011, will increase
wastewater rate by 8% for 2012. Ordinance No. 141, 2011, will decrease the wastewater
plant investment fees by 3% for 2012. Ordinance No. 144, 2011, will increase the
Stormwater plant investment fees by 1.2% in 2012. These Ordinances were unanimously
adopted on First Reading on October 18, 2011.
14. First Reading of Ordinance No. 145, 2011, Appropriating Unanticipated Grant Revenue in
the Cultural Services and Facilities Fund for the Planning and Design of an Art Incubator
Proposed for the Carnegie Building_
This Ordinance appropriates unanticipated grant revenue of $100,000 from the National
Endowment for the Arts (NEA) "Our Town" grant program in the Cultural Services Fund.
The Cultural Services Department and the non-profit Beet Street collaborated on1he grant
as required by the NEA. The grant is funding the design and planning for a proposed art
incubator to be housed in the Carnegie Building in late 2012.
15. Items Relating to the Purchase of a Rapid Transit Bus.
A. Resolution 2011-096 Authorizing the Execution of a Contract Between the City of
Fort Collins and the Colorado Department of Transportation (CDOT) for the
Purchase of One Bus Rapid Transit Bus.
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November 1, 2011
B. First Reading of Ordinance No. 146, 2011, Appropriating Prior Year Reserves in the
Transit Services Fund for Transfer to the Capital Projects Fund and Appropriating
Unanticipated Revenue in the Capital Projects Fund, Mason Corridor Project for the
Purchase of One Bus Rapid Transit Bus.
The Colorado Department ofTransportation has awarded FASTER (Funding Advancements
for Surface Transportation and Economic Recovery) funding to purchase one of the six Bus
Rapid Transit (BRT) buses needed for MAX operations. The Colorado Department of
Transportation approved funds that will be applied toward the BRT bus purchase. This
request appropriates funds and executes the contract with CDOT.
The MAX BRT project is a five mile; primarily fixed guideway located about one block to
the west of College Avenue. The BRT includes seven park-n-ride lots, eight BRT stations
with pedestrian and bicycle access, eight BRT curb -side stops, a transit center at the southern
and northern termini, and off-line upgrades to an existing transit maintenance facility to
provide MAX BRT service. Six exclusive BRT buses will be acquired and added to the
existing City bus fleet in order to provide MAX BRT services. All six buses will be new bus
purchases, and will replace older buses beyond. their useful life. The six BRT buses will be
purchased at the same time, once the Project Construction Grant Agreement (PCGA) has
been executed in March 2012. The one BRT bus funded by this grant will be purchased at
the same time as the other five BRT vehicles. Three BRT vehicles are funded through
CDOT grants (SB-1, FASTER), while the other three are funded through the federal Small
Starts grant.
16. First Reading of Ordinance No.147, 2011, Authorizing the Purchasing Agent to Enter into
an Amendment and Extension of the Golf Professional Services Agreement for Collindale
Golf Course for up to Five Additional Years.
This Ordinance will authorize the extension of the existing agreement with Collindale Golf
Course contractual Golf Professional Dale Smigelsky.
17. First Readine of Ordinance No. 148, 2011, Authorizing the Purchasing Agent to Enter into
an Extension of the Restaurant/Snack Bar Concession Agreement at Southridge Golf Course
for up to Five Additional Years.
The existing Agreement with the SouthRidge Golf Course restaurant/snack bar
concessionaire, the Sandtrap, Inc., dba Mackenzie's Pub & Grill at SouthRidge, expires on
December 31, 2011. The existing five-year Agreement was entered into on December 11,
2006. As stated in the Agreement, "This Agreement may be extended beyond the original
five (5) year term if performance is satisfactory and subject to City Council approval and
negotiation of a mutually acceptable extension Agreement." The performance of Mr. Dahl
has been very satisfactory during the term, and staff has negotiated a mutually acceptable
extension to the Agreement.
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18. First Reading of Ordinance No. 149, 2011, Amending Chapter 2 of the City Code to Add a
New Section 2-506 Establishing a New Service Area to Be Known as Sustainabilitv
Services.
The City Manager and executive leadership team continue to examine and consider ways to
enhance the efficiency and effectiveness of the City organization. The City Manager has
decided to implement some changes to the City's internal organizational structure. These
changes impact existing service areas which necessitates updates to related provisions of the
City Code. This Ordinance establishes Sustainability Services as a Service Area.
19. First Reading of Ordinance No. 150, 201 L Temporarily Suspendingthe he Operation and
Enforcement of the Land Use Code and Zoning Map to Allow for a Temporary Overflow
Wintertime Night Shelter for the Homeless.
Recent years have seen an increase in the number of families and individuals seeking
overnight shelter at area homeless shelters. Construction is underway to expand shelter
capacity at The Mission; however, delays have pushed the completion date back to February
1, 2012. This request is to temporarily suspend Land Use Code restrictions for an 8-week
period at the Knights of Columbus facility at 101 North Meldrum in order to be able to
shelter people on those winter evenings when other homeless shelters are full.
20. Items Relating to the Courtney Annexation and Zoning.
A. Resolution 2011-097 Setting Forth Findings of Fact and Determinations Regarding
the Courtney Annexation.
B. Hearing and First Reading of Ordinance No. 151, 2011, Annexing Property Known
as the Courtney Annexation to the City of Fort Collins.
This is a request to annex and zone 3.13 acres located east of Ziegler Road and south of East
Horsetooth Road. The property is Lot 3 of the Strobel M.R.D. and is addressed as 3256 Nite
Court, which is at the east end of Charlie Lane. Portions of street right-of-way for Nite
Court and Charlie Lane are included in the annexation boundary. This is a 100% voluntary
annexation. The property is developed and is in the FA1 - Farming District in Larimer
County. The requested zoning for this annexation is UE — Urban Estate.
Staff is recommending that this property be included in the Residential Neighborhood Sign
District. A map amendment will not be necessary as this property is already in the District.
The "Residential Neighborhood Sign District" was established for the purpose of regulating
signs for nonresidential uses in certain geographical areas of the City which may be
particularly affected by such signs because of their predominantly residential use and
character. The subject property is in an established residential area.
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November 1, 2011
21. Items Relatin}to the Leistikow Annexation and Zoning.
A. Resolution 2011-098 Setting Forth Findings of Fact and Determinations Regarding
the Leistikow Annexation.
B. Hearing and First Reading of Ordinance No. 153, 2011, Annexing Property Known
as the Leistikow Annexation to the City of Fort Collins.
This is a request to annex and zone the Leistikow parcel. The parcel is 18.04 acres located
east of Timberline Road and south of Trilby Road. The property is a portion of the
Leistikow Amended Minor Residential Division as approved in Larimer County,and
addressed as 6732 South Timberline Road.
Contiguity with the existing municipal boundary is gained along . the entire northern
boundary which is shared with the Westchase P.U.D. The recommended zoning is U-E,
Urban Estate in conformance with the City's Structure Plan Map and the Fossil Creek
Reservoir Area Plan. The Annexation includes a condition such that if the property develops
as a residential land use, the owner shall request disconnection from City so that Larimer
County would then be able to implement its Transfer of Density Units program. The
effective term of this condition is ten years.
22. First Reading of Ordinance No. 155, 2011, Authorizing Conveyance of a Non -Exclusive
Utility Easement on City Property to Public Service Company of Colorado.
The City of Fort Collins owns land south of Zach Elementary School along McClelland's
Creek known as Outlot D of McClelland's Creek PD & PLD and Outlot D' of McClelland's
Creek PD & PLD 2nd Filing (the Property). The Property was dedicated on the
McClelland's Creek plats as easement for landscape, drainage, and utility purposes. The
Property is part of the McClelland's Creek Drainage Basin and is owned and maintained by
City's Stormwater Utility. McClelland's Creek conveys stormwater flows to the Fossil
Creek Reservoir Inlet Ditch.
Public Service Company of Colorado (Xcel) has planned a project to install a gas line to
service the proposed residential development to east of the City's Property. The gas line will
extend east from Xcel's existing service line off of Rock Dove Drive across property owned
by the City, as well as, property owned by Poudre School District. The line will run adjacent
and parallel to an existing sanitary sewer easement on the City's Property. Xcel has
requested the City grant a 10-foot wide utility easement across the City's property for the
installation and maintenance of the new gas line improvements.
23. Resolution 2011-099 Authorizing an Agricultural Lease on Prairie Ridge Natural Area to
Harry Sauer.
The Natural Areas Program partnered with the City of Loveland ( as a minority owner) to
purchase the 785 acre Prairie Ridge Natural Area in 2000 from Harry Sauer. The City
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November 1, 2011
entered into an IGA with the City of Loveland, who manages the property. Loveland leased
the property back to Mr. Sauer for farming and the property has been in dryland wheat
production since the time of purchase. The renewal of the existing agricultural lease on the
property for one additional growing season will allow time for the City of Fort Collins, the
City of Loveland and Larimer County to pursue a collective competitive Request For
Proposal process to select a farming tenant for an agriculture lease on this property and two
other contiguous properties located in the Fort Collins/Loveland community separator.
24. Resolution 2011-100 Approving an Exception to the Use of a Competitive Process for the
Purchase of Liquid Aluminum Sulfate from General Chemical.
The Fort Collins Water Treatment Facility is requesting to purchase liquid aluminum sulfate
from General Chemical as an Exception to the Competitive Process. Liquid aluminum
sulfate (Alum) is used as the primary coagulant.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 130, 2011, Amending Chapter 7 of the City Code to
Expand the Types of Registered Electors Who Automatically Receive Mail Ballots, and to
Require the City to Pay the Postage Due for Ballots Returned by Mail.
8. Second Reading of Ordinance No. 132, 2011, Authorizing the Purchasing Agent to Enter
into an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment and
Appropriating the Amount Needed for Such Purpose.
9. Second Reading of Ordinance No. 133, 2011, Amending Section 2-338 of the City Code
Pertaining to the Duties and Functions of the Parks and Recreation Board.
10. Second Reading of Ordinance No. 134, 2011, Amending Chapter 23, Article V, of the City
Code to Add New Provisions Related to the Naming of City Properties and Facilities.
11. Second Reading of Ordinance No. 135, 2011, Authorizing the Appropriation of 2012 Fiscal
Year Operating and Capital Improvement Funds for the Fort Collins -Loveland Municipal
Airport.
12. Second Reading of Ordinance No. 137, 2011, Making Annual Appropriations for the
Downtown Development Authority for the Fiscal Year 2012 and Fixing the Mill Levy for
Fiscal Year 2012.
13. Items Relating to Utility Rates, Fees and Charges for 2012.
A. Second Reading of Ordinance No. 138, 2011, Amending Chapter 26 of the City
Code to Revise Water Rates and Charges.
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November 1, 2011
B. Second Reading of Ordinance No. 139, 2011, Amending Chapter 26 of the City
Code to Revise Water Plant Investment Fees.
C. Second Reading of Ordinance No. 140, 2011, Amending Chapter 26 of the City
Code to Revise Wastewater Rates, Fees and Charges.
D. Second Reading of Ordinance No. 141, 2011, Amending Chapter 26 of the City
Code to Revise Sewer Plant Investment Fees.
E. Second Reading of Ordinance No. 144, 2011, Amending Chapter 26 of the City
Code to Revise Stormwater Plant Investment Fees.
29. Items Relating to Electric Rates, Fees and Charges for 2012
A. Second Reading of Ordinance No. 142, 2011, Amending Chapter 26 of the City
Code to Revise Electric Rates, Fees and Charges.
B. Second Reading of Ordinance No. 143, 2011, Amending Chapter 26 of the City
. Code to Revise Electric Development Fees and Charges.
Ordinances on First Reading were read by title by City Clerk Krajicek.
15. First Reading of Ordinance No. 146,.2011, Appropriating Prior Year Reserves in the Transit
Services Fund for Transfer to the Capital Projects Fund and Appropriating Unanticipated
Revenue in the Capital Projects Fund, Mason Corridor Project for the Purchase of One Bus
Rapid Transit Bus.
16. First Reading of Ordinance No.147, 2011, Authorizing the Purchasing Agent to Enter into
an Amendment and Extension of the Golf Professional Services Agreement for Collindale
Golf Course for up to Five Additional Years.
17. First Reading of Ordinance No. 148, 2011, Authorizing the Purchasing Agent to Enter into
an Extension of the Restaurant/Snack Bar Concession Agreement at Southridge Golf Course
for up to Five Additional Years.
18. First Reading of Ordinance No. 149, 2011, Amending Chapter 2 of the City Code to Add a
New Section 2-506 Establishing a New Service Area to Be Known as Sustainability
Services.
19. First Reading of Ordinance No. 150, 2011, Temporarily Suspending the Operation and
Enforcement of the Land Use Code and Zoning Map to Allow for a Temporary Overflow
Wintertime Night Shelter for -the Homeless.
20. Hearing and First Reading of Ordinance No. 151, 2011, Annexing Property Known as the
Courtney Annexation to the City of Fort Collins.
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November 1, 2011
21. Hearing and First Reading of Ordinance No. 153, 2011, Annexing Property Known as the
Leistikow Annexation to the City of Fort Collins.
22. First Reading of Ordinance No. 155, 2011, Authorizing Conveyance of a Non -Exclusive
Utility Easement on City Property to Public Service Company of Colorado.
28. First Reading of Ordinance No. 156, 2011,.Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2012; Amending the Budget for
the Fiscal Year Beginning January 1, 2012, and Ending December 31, 2012; and Fixing the
Mill Levy for Fiscal Year 2012. ,
Catherine Woods, 116 '/z North Meldrum Street, pulled Item No. 19, First Reading of Ordinance
No. 150, 2011, Temporarily Suspending the Operation and Enforcement of the Land Use Code and
Zoning Map to Allow for a Temporary Overflow Wintertime Night Shelter for the Homeless.
Eric Sutherland, 3520 Golden Currant, pulled Item Nos. 7,18, and 20, Second Reading of Ordinance
No. 130, 2011, Amending Chapter 7 of the City Code to Expand the Types of Registered Electors
Who Automatically Receive Mail Ballots, and to Require the City to Pay the Postage Due for Ballots
Returned by Mail, First Reading of Ordinance No. 149, 2011, Amending Chapter 2 of the City Code
to Add a New Section 2-506 Establishing a New Service Area to Be Known as Sustainability
Services, and Items Relating to the Courtney Annexation and Zoning.
Councilmember Troxell pulled Item No. 7, Items -Relating to Municipal Mail Ballot Elections.
Mayor Pro Tern Ohlson pulled Item No. 21, Items Relating to the Leistikow Annexation and Zoning.
Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt and approve
all items not withdrawn from the Consent Calendar. Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw,
Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Mayor Pro Tern Ohlson stated he will request follow-up regarding Item Nos. 16 First Reading of
Ordinance No. 147, 2011, Authorizing the Purchasing Agent to Enter into an Amendment and
Extension of the Golf Professional Services Agreement for Collindale Golf Course for up' to Five
Additional Years. On Item No. 23, Resolution 2011-099 Authorizing an Agricultural Lease on
Prairie Ridge Natural Area to Harry Sauer, he would like to see a restoration plan be developed for
those properties as promised when they were purchased.
Staff Reports
Mark Jackson, Planning, Development, and Transportation Budget, Policy and Communication
Manager, provided an update regarding the City's clean-up efforts as a result of the recent snow
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November 1, 2011
storm. He stated Utilities employees assisted other communities in restoring power. The total
clean-up cost is estimated to be approximately $1.5 million.
Councilmember Horak and Mayor Pro Tern Ohlson asked about the additional cost to the City of
the clean-up program. City Manager Atteberry stated that information will be provided in detailed
written report as the information becomes available.
City Manager Atteberry discussed the evolution of the clean-up plan and commended Council and
staff for their efforts.
Councilmember Troxell suggested allowing tax-free shopping at nurseries in the spring to allow
citizens to replace damaged landscaping.
City Manager Atteberry reported on the household hazardous waste collection event in September,
hosted by Utilities and Natural Resources.
City Manager Atteberry discussed the spirit of public service between the Penny Flats fire and the
storm clean-up efforts.
Councilmember Reports
Councilmember Troxell discussed the Futures Committee trip to Austin, Texas to explore economic
health. City Manager Atteberry echoed Councilmember Troxell's positive comments.
Councilmember Kottwitz discussed her meeting with Wade Turner and others from the Senior
Advisory Board and promoted the "Growing Older in Fort Collins" event. She acknowledged Sarah
Kane and Rick Richter for their work.
Councilmember Poppaw stated there are three finalists for the Poudre Fire Authority chief position,
which should be announced shortly after the November 18th interviews.
Mayor Pro Tern Ohlson requested a brief written history of the history of undergrounding City
utilities.
Ordinance No. 156, 2011,
Being the Annual Appropriation Ordinance Relating to the Annual Appropriations
for the Fiscal Year 2012; Amending the Budget for the Fiscal Year Beginning
January 1, 2012, and Ending December 31, 2012; and Fixing the Mill Levy
for Fiscal Year 2012, Adopted on First Reading
The following is staff s memorandum for this item.
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November 1, 2011
"EXECUTIVE SUMM4RY
This Ordinance amends the adopted 2012 Budget and sets the amount of $454,382,997 to be
appropriated forfiscal year 2012. Including the 2012 adopted budgets for the General Improvement
District No. I of $303,179 and the Urban Renewal Authority of $1,503,583, the total City
appropriations amount to $456,189, 759. The Net City Budget, which excludes internal transfers
between Cityfunds, is $361,424,510 for 2012.. The Net City Budget, as amended, is allocated to:
Net City Budget (in $ million)
Operations
Debt Service
Capital*
Total City Appropriations **
Adopted Amended
2012 2012 Change
$405.3
$410.4 $5.1
23.2
23.2 -
19.1
22.6 3.5
$447.6
$456.2 $8.6
Less Internal Service Funds
(57.0)
(57.8)
(0.8)
Less Transfers to Other Funds
37.1
(37.0)
0.1
Net City Budget
$353.5
$361.4
$7.9
* Capital dollars reflect non -lapsing capital project budgets.
** This includes GID and URA which are appropriated in separate ordinances.
This Ordinance also sets the 2012 City mill levy at 9.797 mills, unchanged since 1991.
BACKGROUND /DISCUSSION
City Council adopted the 2011-2012 Biennial Budget and appropriated monies for expenditure in
fiscal year 2011. State statutes and the City Charter both require an annual appropriation to cover
expenses for the ensuing year (2012) based upon the adopted budget. The Second Reading must be
done before the last day of November and is currently scheduled for November 15, 2011.
2012 Revenue Update
The revenue forecast model was updated in July of 2011 with data from the first six months of the
year. Sales tax revenue is projected to increase 1.95% in 2012 over 2011 collections based on the
model, including cautious optimism of the economy.
General Fund Revenue (2.25%):
Sales Tax
Use Tax
Adopted 2012
$50, 402, 000
8,000,000
$58, 402, 000
Amended 2012
$52, 805, 000
7.800.000
$60, 605, 000
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November 1, 2011
Recommended 2012 Budget Additions
After reviewing the 2012 budget revision requests and obtaining guidance from Council, the City
Manager is recommending the following adjustments to the 2012 budget which was presented to the
Finance Committee on October 10, and discussed in Council Work Sessions on October 11 and 18.
The following list includes all changes since the City Manager's recommended 2012 budget
revisions first were initially presented to the Council Finance Committee.
• Eliminated Below Market Pay Adjustment request of $812k
• Eliminated Federal Legislation Analysis and Action request of $79k
• Reduced CMO Policy & Project Manager Increase from .8 to 1.0 FTE to $15k
• Reduced Downtown Ice Rink Installation and Removal to $10k
• Reduced Downtown Holiday Lighting to $30k
• Changed funding sources to no longer request use of additional KFCG funds
• Added Regional Planning Assistance request for $50k
• Added Neighborhood Planning Outreach Specialist (Ombudsman) request for $75k
• Added Affordable Housing Relocation Assistance request for $50k
• Added Sidewalks, Pedestrian Plan and ADA Improvements request for $300kfrom Building
on Basics (BOB)
• Added Sidewalk Improvements requests (such as gaps in sidewalk connections) for $260k
from Keep Fort Collins Great -Other Transportation funding
General Fund recommended adjustments total $1, 787,016 and recommended adjustments to Other
Funds total $6,837,675.
General Fund.
On_ oing One-time
Assistant to the City Manager and CPIO (1 FTE) $176, 320
Police Services Ticket Surcharge Officer (1 FTE) 118,709
Affordable Housing/Human Services
Restore Conservation Trust Funds for Trail Construction
Development Review Succession Planning (1.25 Cont. FTE)
Development Review - Customer Service Demand (1 FTE)
PFA Non -Discretionary & Total Compensation Increase
54,499
546,571
75,341
65,000
CMO Policy and Project Manager Increase from .8 to 1.0 FTE
Mason Corridor Synergies and Support Services
Mason Corridor Synergies and Support Services (Parking Study)
Reorganisation Office of Sustainability
Downtown Ice Rink Installation and Removal
Downtown Holiday Lighting
Regional Planning Assistance
Neighborhood Planning Outreach Specialist (Ombudsman)
Affordable Housing Relocation Assistance
228,926
15,000
$150,000
50,000
91,650
10,000
30; 000
50,000
75,000
50,00
Total General Fund Adjustments: $1,412,016
$3.75, 000
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Other Funds:
Reorganization Office of Sustainability
Pedestrian Access and ADA Improvements
Sidewalk improvements
Light & Power Payments in Lieu of Taxes (PILOT) Increase
Purchase Power Increase
Energy Efficiency Financing Program (5 FTE)
Water Payments in Lieu of Taxes (PILOT) Increase
Water Meter Replacement and Rehabilitation
Household Hazardous Waste Community Event
Remove Structures from Poudre River Floodway
Master Plan Flood Mitigation Project Property
MIS Email, Blackberry & Smart Phone Services
MIS Network Services Resource Support
MIS Technology Customer Software Compliance Support
MIS Technology Customer Support Restructure
Microsoft Office 2010 Software Upgrade
Total Other Fund Adjustments
Miscellaneous
November 1, 2011
Onizoin
One-time
$30,550
300,000
260,000
121,969
1,724,505
300,000
88,054
580,000
22,000
1,000,000
1,600,000
28,000
80,000
62,400
59,488
30,709
550,00
$21045,787' $4,791,888
In addition to the recommended adjustments, a couple of miscellaneous adjustments must be made
to correct the 2012 appropriations for recent changes. The additional revenue projected .to be
received from Sales & Use Tax must be appropriated for transfer to the Natural Areas Fund and
Capital Projects Fund. Also, the following "clean-up" items are included in the Amended 2012
appropriations.
Art in Public Places (APP) Adjustment: $2,400 --
o The original 2012 APP offer was based on projects known at that time. This
adjustment is based on the final 2012 budgeted parks and trails projects
Additional Flex Service: $526,811
o This adjustment is comprised of a 2012-13 CMAQ Grant of $458, 794 and partner
contributions of $68, 017 for the operation of the FLEX regional route from June 1,
2012 to December 31, .2012. The City of Fort Collins local match was previously
included in the 2011-12 budget. As such, there is no incremental cost to the City.
Correct Police Debt Payment Budget: ($750, 000)
o A portion of the Police Building debt ($750, 000) is funded from the Capital Projects
Fund, the Police Facility - COPs Debt project. In the 2012 proposed budget the
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November 1, 2011
payment of $750, 000 was added to this project budget, fimded by additional interest
earnings. However, no additional interest earnings are projected to be received in
future years so the 2012 debt payment should be made using existing appropriations
and revenue. Therefore, the 2012 proposed budget for the Capital Projects Fund
needs to be decreased by $750, 000 with the same reduction in Capital Projects Fund
revenue.
FINANCIAL /ECONOMIC IMPACTS
This Ordinance amends the City Budget for fiscal year 2012 and represents the annual
appropriation for fiscal year 2012 in the amount of $454, 382,997. The Ordinance also sets the City
mill levy at 9.797 mills, unchanged since 1991. "
City Manager Atteberry stated this item is the result of a mid -budget revision process.
Mike Beckstead, Chief Financial Officer, discussed the City budget cycle and detailed the revisions
which are part of this Ordinance.
City Manager Atteberry stated the Keep Fort Collins Great community report will occur February
28th during a work session with Council.
Eric Sutherland, 3520 Golden Currant, discussed the PRPA bonds and supported on -bill financing.
("Secretary's note: Councilmember Troxell left the meeting at 7:35 p.m.)
Councilmember Horak supported investigating on -bill financing and asked for a brief status report.
City Manager Atteberry replied further Council policy conversations will be needed and are set to
occur in late winter or early spring.
Mayor Weitkunat asked about the addition of pedestrian and sidewalk improvements to the budget.
Beckstead replied there are two parts to the improvement program, some funds from Building on
Basics and some from Keep Fort Collins Great. Karen Cumbo, Director of Planning, Development,
and Transportation Services, detailed the Building on Basics pedestrian projects.
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Horak, to adopt Ordinance
No. 156, 2011, on First Reading. Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw and Horak. Nays:
none.
THE MOTION CARRIED.
Items Relating to Electric Rates, Fees and Charges for 2012, Adopted on Second Reading
The following is staff s memorandum for this item.
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November 1, 2011
"EXECUTIVE SUALWARY
A. Second Reading of Ordinance No. 142, 2011, Amending Chapter 26 of the City Code to
Revise Electric Rates, Fees and Charges.
B. Second Reading of Ordinance No. 143, 2011, Amending Chapter 26 of the City Code to
Revise Electric Development Fees and Charges.
Ordinance No. 142, 2011, will increase the electric rate by 8.3%for 2012. This Ordinance does
not contain any changes to the RESR, the rate applicable to the majority of residential customers.
The changesto the RESR will be presented in a separate ordinance on November 15, 2011.
Ordinance No.. 143, 2011, 2012 will increase some electric development fees slightly for some
developments (1 %-3%) and decrease slightly for others. Ordinance Nos. 142 and 143, 2011, were
adopted on First Reading on October 18, 2011, by a vote of 6-1 (Nays: Kottwitz).
City staff has worked with Platte River Power Authority staff to address comments received
regarding language found in Sections I and 3 of Ordinance No. 142, 2011. "
Ellen Switzer, Utilities Financial Operations Manager, discussed the proposed rate increases and
noted the rates include some clarifications for wholesale transactions which have been modified
since First Reading.
Eric Sutherland, 3520 Golden Currant, suggested increasing the residential multi -family all electric
impact fee to an amount that would allow growth to pay its own way.
Councilmember Horak asked about the feasibility of an all electric impact fee for multi -family
dwellings. Steve Catanach, Light and Power Operations Manager, replied plant investment fees
cover extension costs investment and capacity, and therefore increase with an all electric project due
to the infrastructure needed for such a project.
Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 142, 2011, on Second Reading. Yeas: Weitkunat, Ohlson, Poppaw and Horak. Nays: Kottwitz.
Mayor Pro Tein Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 143, 2011, on Second Reading. Yeas: Weitkunat, Ohlson, Poppaw and Horak. Nays: Kottwitz.
THE MOTION CARRIED.
Ordinance No. 149, 2011, '
Amending Chapter 2 of the City Code to Add a New Section 2-506 Establishing
a New Service Area to Be Known as- Sustainability Services, Adopted on First Reading
The following is staff s memorandum for this item.
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November 1, 2011
"EXECUTIVE SUMMARY
The City Manager and executive leadership team continue to examine and consider ways to enhance
the efficiency and effectiveness of the City organization. The City Manager has decided to
implement some changes to the City's internal organizational structure. These changes impact
existing service areas which necessitates updates to related provisions of the City Code. This
Ordinance establishes Sustainability Services as a Service Area.
BACKGROUND /DISCUSSION
Under the City's current organizational structure, the City Manager has eight direct reports with
six Service Directors managing major functions in the organization. These are:
1. Deputy City Manager —Policy, Planning and Transportation Services
2. Assistant City Manager —Community and Operations Services
3. Chief Financial Officer —Financial Services
4. Assistant to the City Manager —Employee and Communications Services
5. Utilities Executive Director -Utility Services
6. Chief of Police Police Services
Additional direct reports currently include an Assistant to the City Manager (Bruce Hendee) and
an Executive Assistant to the City Manager (Tauny Gilmore).
This Ordinance establishes as a new service area, Sustainability Services, to be headed by Bruce
Hendee. The Service Area Director is to be the Chief Sustainability Officer. The purpose of the
Office is to ensure thatthe organization pursues the Triple -Bottom -Line concept ofsustainability,
addressing Economic Sustainability, Environmental Sustainability and Social Sustainability.
The Chief Sustainability Officer will be responsible for the management of each of the three focus
areas plus developing and implementing a program and system dedicated to organizational
innovation. Several existing staffgrouips will be consolidated within the Service Area, including:
Environmental Services
Utilities Environmental Planning —one staff member;
Economic Health and Urban Renewal Authority
Under this revised structure, the City Manager will have a total of eight'direct reports - seven
Service Area Directors, and an Executive Assistant to the City Manager (Tauny Gilmore). The
Service Directors and related functions that report directly to the City Manager will be as follows:
1. Deputy City Manager, Diane Jones — Policy, Planning and Transportation Services
2. Assistant City Manager, Wendy Williams — Community and Operations Services
3. Chief Financial Officer, Mike Beckstead — Financial Services
4. Assistant to the City Manager, Kelly DiMartino — Employee and Communications Services
5. Utilities Executive Director, Brian Janonis — Utility Services
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November 1, 2011
6. Chief of Police, Interim Chief Jerry Schiager, Police Services
7. Chief Sustainability Officer, Bruce Hendee — Sustainability Services
Code Revisions
Under Article II, Section 5 of the City Charter, the City Council has the power to establish, change,
consolidate or abolish administrative offices, service areas or agencies of the City by ordinance,
upon report and recommendation of the City Manager, so long as the administrative functions and
public services established by the Charter are not abolished in any such reorganization. The
proposed reorganization would not abolish any of those essential functions and services.
The organizational structure of the City is contained in Chapter 2, Article V of the City Code. The
service areas are established in Division 3 of Article V. This Ordinance would amend Division 3
to codify the organizational changes described above.
FINANCIAL /ECONOMIC IMPACTS
The financial impact for this change will total $122,000 for the addition of the sustainability
department head position. Funding for the new position will be as follows: 0.75 FTE to be funded
through the General Fund and 0.25 FTE through Utilities resources. In the 2012 Budget Exceptions
Process, a line item for "Reorganization Office of Sustainability" was included with a total cost of
$122, 000.
ENVIRONMENTAL IMPACTS
This changeprovides apositive contribution to the environment through improving City commitment
by fostering inter -departmental integration and cooperation as well as innovation in sustainable
practices. "
Eric Sutherland, 3520 Golden Currant, encouraged the creation of programs to allow creative
citizens to develop sustainability ideas.
Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 149, 2011, on First Reading.
Councilmember Horak noted the use of the word "sustainability" is not accurate.
The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw and Horak.
Nays: none.
THE MOTION CARRIED.
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November 1, 2011
Ordinance No. 150, 2011,
Temporarily Suspending the Operation and Enforcement of the
Land Use Code and Zoning Map to Allow for a Temporary
Overflow Wintertime Night Shelter for the Homeless, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY _
Recent years have seen an increase in the number of families and individuals seeking overnight
shelter at area homeless shelters. Construction is underway to expand shelter capacity at The
Mission; however, delays have pushed the completion date back to February 1, 2012. This request
is to temporarily suspend Land Use Code restrictions for an 8-week period at the Knights of
Columbus facility at 101 North Meldrum in order to be able to shelter people on those winter
evenings when other homeless shelters are full.
BACKGROUND I DISCUSSION
The current economic climate has led to an increase in the number ofpeople in our community who
are homeless or at risk of becoming homeless. The Murphy Center, Food Bank, and other agencies
providing "basic needs " services have seen a marked increase in clients and overall community
need.
There are two homeless shelters in Fort Collins that shelter people overnight: The Mission at 460
Linden Center Drive and the Open Door Mission at 316 Jefferson Street. It is estimated that last
winter 5 - 30 people were turned away on several nights due to lack ofspace, some of them families
with children. The Mission has been working to fund and construct an expansion at their site to
meet this need and construction was originally scheduled to be complete by this fall. However, due
to delays the expanded space will not be completed until February 1, 2012.
United Way of Larimer County is proposing that temporary overflow shelters be opened, when
needed, operating 10: 00 p.m. — 7: 00 a.m. from December], 2011 — February 1, 2012. Two sites
would be used for this purpose:
Sunday night through Thursday night: Knights of Columbus building, 121 North Meldrum
Street.
Friday and Saturday night: Saint Joseph School, 127 North Howes Street.
The Knights of Columbus building is located in the NCB (Neighborhood Conservation Buffer) zone,
wherein overnight homeless shelters are not an allowed use. United Way is asking the City to
temporarily suspend enforcement of the Land Use Code and zoning Map in order to open an
overflow shelter when needed on Sunday through Thursday nights.
The Saint Joseph School facility does not require a zoning exemption because an Overnight Shelter
is a permitted use in the Downtown zoning district. Under the Land Use Code, a minor
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November 1, 2011
administrative amendment for a change of use would be required, and staff is pursuing that
amendment with the Current Planning Department.
United Way estimates between 5 and 30 individuals will access the shelter each night. The shelter
will be staffed by two Catholic Charities employees and at least one volunteer per night. No food
will be served.
United Way Director Gordan Thibedeau has emphasized that this is a temporary need and only
applies to the limited hours and timeframe requested. During the day, The Mission (operated by
Catholic Charities) and The Murphy Center together provide day shelter services. Clients are
served in the morning hours at The Murphy Center, with the Mission serving clients for lunch and
afternoon hours. This arrangement has worked well for the past two years, replacing the former
temporary cold weather day shelter that was operated out of a Cityfacility on North Howes Street.
The expansion at The Mission will provide 30 additional bed spaces. For the long term, United Way
and the community at large are working with Homeward 2020 to help chronically homeless people
move into supportive housing. The City has supported these efforts by providing one-time financial
support for the expansion at the Mission and finding for the start-up and operation of the
Homeward 2020 initiative.
As noted below, property owners in the vicinity of the two facilities will be notified of this request
and a neighborhood meeting will be held, however, feedback is not yet available. Staff will attend
the neighborhood meeting and report back prior to first reading of the ordinance with comments
and concerns from neighborhood residents and businesses. "
Councilmember Poppaw withdrew from the discussion of Ordinance No. 150, 2011, Temporarily
Suspending the Operation and Enforcement of the Land Use Code and Zoning Map to Allow for a
Temporary Overflow Wintertime Night Shelter for the Homeless due to a conflict of interest.
Catherine Woods, 116'/z North Meldrum Street renter, stated her concern regarding parking was
resolved by staff. She asked about the background of selecting the Knights of Columbus facility and
about the means by which a renter can be informed of proposals affecting her neighborhood.
Eric Sutherland, 3520 Golden Currant, asked about the possibility of constructing a homelessness
prevention facility.
Rich Crisler, Occupy Fort Collins protestor, stated the protestors have been consistently providing
food and shelter for homeless individuals on a nightly basis. He asked if .they would be able to
provide the same services at an alternate location.
Monte Barry, 415 South Howes, Occupy Fort Collins protestor, asked how the protestors will be
able to continue their homeless aid efforts.
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November 1, 2011
Tess Heffernan, Policy and Project Mananger, stated public outreach was limited due to the short
timeframe prior to cold weather. A perimeter mailing to property owners occurred and information
was published as much as possible, given the time constraints.
Glen Good, Catholic Chanties Regional Director, discussed the need for additional winter shelter
space and the receptiveness of the Knights of Columbus to using this facility.
Councilmember Horak asked about the notification process. Steve Dush, Community Development
and Neighborhood Services Director, replied development review outreach efforts have been
improved in 2011, including a subscription listserve. Additionally, a map of development review
proposals is on the Current Planning web page.
Mayor Pro Tern Ohlson asked about notices to renters as well as owners. Dush replied the current
system involves mailing solely to property owners as rental lists are not available. Mayor Pro Tern
Ohlson suggested broadening the notification to renters.
Councilmember Horak asked about simply mailing to `.`occupant." Dush replied that may have
budget implications but is possible. Mayor Pro Tern Ohlson noted developers should be funding
notifications.
Councilmember Horak made a motion, seconded by Mayor Pro Tern Ohlson, to adopt Ordinance
No. 150, 2011, on First Reading.
Councilmember Horak stated he would appreciate follow-up with neighbors throughout the process.
The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Ohlson and Horak. Nays: none.
THE MOTION CARRIED.
(**Secretary's note: The Council took a brief recess at this point in the meeting.)
Items Relating to the Courtney Annexation and Zoning, Adopted on First Readin;
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
A. Resolution 2011-097 Setting Forth Findings of Fact and Determinations Regarding the
Courtney Annexation.
B. Hearing and First Reading of Ordinance No. 151, 2011, Annexing Property Known as the
Courtney Annexation to the City of Fort Collins.
This is a request to annex and zone 3.13 acres located east of Ziegler Road and south of East
Horsetooth Road. The property is Lot 3 of the Strobel M.R.D. and is addressed as 3256 Nite Court,
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November 1, 2011
which is at the east end of Charlie Lane. Portions ofstreet right-of-way for Nite Court and Charlie
Lane are included in the annexation boundary. This is a 100% voluntary annexation. The property
is developed and is in the FA -Farming District in Larimer County. The requested zoning for this
annexation is UE — Urban Estate.
Staff is recommending that this property be included in the Residential Neighborhood Sign District.
A map amendment will not be necessary as this property is already in the District. The "Residential
Neighborhood Sign District" was established for the purpose of regulating signs for nonresidential
uses in certain geographical areas of the City which may be particularly affected by such signs
because of their predominantly residential use and character. The subject property is in an
established residential area.
:: rlilfelt11I1�/1tCYrY/1CiCY(IA�I
The applicants, C. Scott and Nancy E. Courtney, being the property owners, have submitted a
written petition requesting annexation of 3.13 acres located east of Ziegler Road at the east end of
Charlie Lane and south of EastHorsetooth Road. Portions ofstreetright-of-wayforNite Court and
Charlie Lane are included in the annexation boundary. The property is developed and is in the FA
- Farming District in Larimer County. The requested zoning for this annexation is UE — Urban
Estate. The surrounding properties are currently zoned FAI — Farming in the Larimer County to
the north, east and south; and, UE— Urban Estate in the City to the west. This is a 100% voluntary
annexation.
The property is located within the Fort Collins Growth Management Area. According to policies
and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreement for the Fort Collins Growth Management Area, the City will agree
to consider annexation of property in the GALA when the property is eligible for annexation
according to State law. This property gains the required 116 contiguity to existing City limits from
common boundaries with the Strobel Annexation (April, 1992) and the Wild West Annexation
(August, 1994) to the west.
The surrounding zoning and land uses are as follows:
N.• FA-1 in Larimer County; existing residential
E: FA-1 in Larimer County; undeveloped
S: FA-1 in Larimer County; existing residential
W.• UE in the City of Fort Collins; existing residential, church
L
The requested zoning for this annexation is the UE — Urban Estate District. There are numerous
uses permitted in this District, subject to either administrative review or review by the Planning and
Zoning Board. The adopted City Structure Plan, a part of the Comprehensive Plan (City Plan),
identifies that Urban Estate is appropriate in this location. The request is in conformance with the
State of Colorado Revised Statutes as they relate to annexations and the City of Fort Collins Land
Use Code.
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November 1, 2011
Findings
1. The annexation of this area is consistent with the policies and agreements between Larimer
County and the City of Fort Collins contained_ in the Intergovernmental Agreement for the
Fort Collins Growth Management Area.
2. The property meets the eligibility requirements included in State law to qualify for a
voluntary annexation to the City of Fort Collins.
3. On Sepiember 20, 2011, the City Council approved Resolution 2011-088 that accepted the
annexation petition and determined that the petition was in compliance with State law. The
resolution also initiated the annexation process for the property by establishing the date,
time and place when a .public hearing would be held regarding the readings of the
Ordinances annexing and zoning the area.
4. The requested UE — Urban Estate Zoning District is in conformance with the policies of the
City's Comprehensive Plan.
5. The request is in conformance with the City of Fort Collins Land Use Code.
FINANCIAL /ECONOMIC IMPACTS
No direct financial impacts result from the proposed annexation and zoning. The property is
developed at the present time, containing a single-family residence. "
City Manager Atteberry stated he had filed a public conflict of interest disclosure statement on
August 11, 2011 and asked Deputy City Manager Jones to take over for this item.
Eric Sutherland, 3520 Golden Currant, expressed concern regarding City Manager Atteberry's
conflict of interest statement not being included in Planning and Zoning Board and Council meeting
packets and discussed an error in public notification.
Steve Dush, Community Development and Neighborhood Services Director, stated the annexation
process was completed per state statute and there was no error with the notification process for the
annexation. The Planning and Zoning Board recommended approval of the annexation unanimously
in October. The zoning aspect of the annexation is set to be postponed and the state statute allows
postponement of zoning for up to 90 days after the annexation.
(**Councilmember Troxell returned to the meeting at 9:00 p.m.)
Deputy City Attorney Daggett stated the conflict of interest disclosure statement was completed on
August 11, 2011 by City Manager Atteberry and there is no question as to whether the requirement
was met. As a result of the conflict of interest, City Manager Atteberry has refrained from
discussions relating to the item.
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November 1, 2011
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Troxell, to adopt Resolution
2011-097.
Councilmember Poppaw asked that baseless personal attacks on City staff not be included in further
discussions.
Mayor Pro Tern Ohlson requested that future agenda items include accurate financial and economic
impact statements regardless of the small size of those impacts.
Councilmember Horak requested additional information regarding gravel roads taken over by City
maintenance. Dush replied he would provide the information prior to Second Reading.
The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 151, 2011, on First Reading. Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell.
Nays: none. '
THE MOTION CARRIED.
Items Relating to the Leistikow Annexation and Zoning, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
A. Resolution 2011-098 Setting Forth Findings of Fact and Determinations Regarding the
Leistikow Annexation.
B. Hearing and First Reading of Ordinance No. 153, 2011, Annexing Property Known as the
Leistikow Annexation to the City of Fort Collins.
This is a request to annex and zone the Leistikow parcel. The parcel is 18.04 acres located east of
Timberline Road and south of Trilby Road. The property is a portion of the Leistikow Amended
Minor Residential Division as approved in Larimer County and addressed as 6732 South Timberline
Road.
Contiguity with the existing municipal boundary is gained along the entire northern boundary which
is shared with the Westchase P. U.D. The recommended zoning is U-E, Urban Estate in
conformance with the City's Structure Plan Map and the Fossil Creek Reservoir Area Plan. The
Annexation includes a condition such that if the property develops as a residential land use, the
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11 November 1. 2011
owner shall request disconnection from City so that Larimer County would then be able to
implement its Transfer of Density Units program. The effective term of this condition is ten years.
This annexation request is in conformance with the Colorado Revised Statutes, City of Fort Collins
Comprehensive Plan, Land Use Code and the Intergovernmental Agreement between the City of
Fort Collins and Larimer County. There are no known controversies associated with this
annexation.
BACKGROUND /DISCUSSION
This is a 100% voluntary annexation for a property located within the Growth Management Area.
Of the total propertyperimeter, 25% is contiguous to the existing City boundary thus satisfying the
requirement that no less than one -sixth of the perimeter boundary be contiguous.
According to the policies and agreements between the City of Fort Collins and Larimer County, the
City will agree to consider annexation of property in the Growth Management Area when the
property is eligible for annexation under state law.
The surrounding zoning and land uses are as follows:
N L-M-N;Westchase P. U.D.
N.• U-E; Westchase P. U.D.
E: FA-];(Larimer County) Leflar M.R.D.
S: FA-I;(Larimer County) Leistikow Amended M.R.D.
W: FA-I;(Larimer County) Paragon Estates P. U.D.
Leistikow Minor Residential Division was approved in 1993, consisted of 37.5 acres and allowed
the creation of four lots, all of which exceeded the required minimum of 2.29 acres per Larimer
County zoning of FA-1, Farming. This M.R.D. was amended in September of 2011 and reduced the
number of lots from four to three. The subject annexation, consisting of 18.04 acres, is equivalent
to Lot Two of the Leistikow Amended M.R.D.
Urban Estate Zone District
The requested zoning is Urban Estate, Urban Estate. The Land Use Code describes this zone
district as follows:
"Purpose. The Urban Estate District is intended to be a setting for a predominance
of low -density and large -lot housing. The main purposes of this District are to
acknowledge the presence of the many existing subdivisions which have developed
in these uses that function as parts of the community and to provide additional
locations for similar development, typically in transitional locations between more
intense urban development and rural or open lands. "
There are a variety of non-residential land uses allowed in the U-E including the following:
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November 1, 2011
• Minor public facilities
• Parks, recreation and other open lands
• Cemeteries
• Public and private schools
• Places of worship or assembly
• Golf courses
• Wildlife rescue and education centers
• Child care centers
• Bed and breakfast establishments -
• Plant nurseries and greenhouses
• Animal boarding
• Adult day/respite centers
• Small scale reception centers
• Resource extraction
• Composting facilities.
Fossil Creek Reservoir Area Plan
The parcel is located within the Fossil Creek Reservoir Area Plan, jointly adopted by the City of
Fort Collins and Larimer County in 1998. According to the Land Use Framework Plan, the subject
parcel should be placed into the Urban Estate zone district. The proposed zoning of Urban Estate
complies with the applicable sub area plan.
Place of Worship or Assembly
The Church of Jesus Christ of Latter-day Saints has issued a press release indicating its desire to
construct a temple on the property described by this annexation. As noted, the City's Structure Plan
Map and the Fossil Creek Reservoir Area Plan both provide guidance that the subject 18.04 acres
should be zoned Urban Estate. A Place of Worship is a permitted use in the U-E zone, subject to
review by the Planning and Zoning Board.
A development review outreach neighborhood meeting was *held on September 14, 2011, to discuss
the development review process for a future potential submittal of a Project Development Plan for
a temple for the Church of Jesus Christ Latter day -Saints. At this meeting, staff responded to
inquiries regarding the annexation and zoningprocedure, conformance with State Statues, the IGA.
with Larimer County, the City's Fossil Creek Reservoir Area Plan and the Land Use Code. Staff
continues to emphasize to all interestedparties that the annexation and development of land are two
distinct processes, each governed by their own set of standards and regulations. For example,
concerns about traffic on adjacentstreets are a land development issue bestaddressed at the Project
Development Plan stage, not at the annexation and zoning stage. There will be opportunities for
citizen input on land development issues at the future neighborhood information meetings that will
be scheduled prior to a submittal for a Project Development Plan.
The Larimer County Planning Department is aware that the annexation of land zoned residential
within the Fossil CreekArea ReservoirPlan, and contemplatedfor a non-residential land use (Place
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of Worship), would conform to both existing County (FA-1) and proposed City (U-E) zoning.
Larimer County supports the annexation and the proposed Place of Worship. But, Larimer County
would be concerned if, after annexation, the subject parcel were to instead develop as a residential
subdivision. If such were the case, then the County would be prevented from implementing its
Transfer of Density Units (TDU) Program, a key element of the Fossil Creek Reservoir Area Plan,
jointly adopted by both the City ofFort Collins and Larimer County.
Voluntary Condition of Annexation - Larimer County Transfer of Density Units
The applicant and the LDS Church have offered to the City a, voluntary condition of annexation in
the event that the property should develop as a residential subdivision. The purpose of such a
condition would be to ensure the implementation of the County's TDUProgram.
The recommended condition ofannexation would obligate the developer ofa residential subdivision
to request disconnection from the City. Upon passage of a disconnection ordinance, the parcel
would then revert to the County's jurisdiction thus enabling implementation of the TDUProgram.
Under this condition of annexation, the practical effect of the overall intent of the Fossil' Creek
Reservoir Area Plan is met. The County's TDU Program is calibrated such that the residential
density would not exceed the maximum allowable densityprescribed in the Urban Estate zone. After
the County's TDUProgram is implemented by the approval ofa County Subdivision, the Subdivision
is then annexed into the City prior to land development in accordance with the Fossil Creek
Reservoir Area Plan. The condition reads as follows:
This annexation into the City ofFort Collins is conditioned upon the subjectproperty
developing as a non-residential land use. If the property is to be developed as a
residential use, then the owner, successors or assigns shall request disconnection of
the subjectpropertyfrom the City ofFort Collins so that Larimer County would have
subdivision and zoning jurisdiction and allow for the implementation of the Transfer
of Density Units Program. This condition shall be in effect for a period.of ten (10)
years following the effective date of this ordinance.
Findings
The property meets the eligibility requirements included in State law to qualify for a
voluntary annexation to the City ofFort Collins.
The annexation of this area is consistent with the policies and agreements between Larimer
County and the City of Fort Collins contained in the Intereovernmental Agreement for the
Fort Collins Growth Manazement Area.
3. The requested U-E, Urban Estate Zoning District, is in conformance with the policies of the
City's Comprehensive Plan and the Fossil Creek Reservoir Area Plan.
4. The request is in conformance with the City ofFort Collins Land Use Code.
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5. On September 20, 2011, the City Council adopted Resolution 2011-087 that accepted the
annexation petition and determined that the petition was in compliance with State law. The
Resolution also initiated the annexation process for the property by establishing the date,
time and place when a public hearing would be held regarding the readings of the
Ordinances annexing and zoning the area. .
6. The recommended condition of annexation whereby the owner would request disconnection
in the event ofresidential development has been voluntarily offered by the applicant with the
full knowledge and consent of the Church of Jesus Christ of Latter-day Saints. The ten year
time frame has been reviewed and approved by Larimer County.
FINANCIAL /ECONOMIC IMPA CIS
As with any annexation, specific financial impacts are difficult to determine. The Compact Urban
Growth Standards exempt parcels within the Fossil Creek Reservoir Area from needing to comply
with requirements for being contiguous to urban development defined as having an overall density
of at least one unit per acre. Despite.this exemption, the subject parcel is, in fact, contiguous to
existing urban development (Westchase P. U.D. and Trilby Road). Development of this parcel will,
therefore, be a sequential extension of utilities and services. Adequatepublicfacilities are extended
to the north property line with greater than 16.66% contiguity thus ensuring compliance with the
City's adequate public facilities management system.
ENVIRONMENTAL IMPACTS
The site is not within 500 feet of a known natural habitat or feature. As with any development, any
significant trees are to be preserved but ifpreservation is notfeasible, then mitigation per Land Use
Code Section 3.2.1(F) would be invoked. "
Mayor Pro Tern Ohlson expressed concern regarding the County process relating to this property.
He stated he would not support the item.
Eric Sutherland, 3520 Golden Currant, opposed the item.
Ken Merritt, Landmark Planners, supported the item on behalf of the applicant and stated the item
is statutorily eligible for annexation.
Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2011-098. Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 153, 2011. Yeas: Weitkunat, Kottwitz, Poppaw, Horak and Troxell. Nays: Ohlson.
THE, MOTION CARRIED.
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Items Relating to Municipal Mail Ballot Elections, Adopted on Second Reading
The'following is staff s memorandum for this item.
"EXECUTIVE SUM3L4RY
A. Second Reading of Ordinance No. 130, 2011, Amending Chapter 7 of the City Code to
Expand the Types of Registered Electors Who Automatically Receive Mail Ballots, and to
Require the City to Pay the Postage Due for Ballots Returned by Mail. '
B. Resolution 2011-095 Directing the City Manager to Provide a Written Report to the City
Council Following the April 2, 2013 Regular Municipal Election Regarding the Costs
Associated With, and Turnout Achieved By, Mailing Ballots to Certain Inactive Voters as
Required by Section 7-186 of the City Code.
This Ordinance, unanimously adopted on First Reading on October 4, 2011, amends the City Code
to require that ballots in a City mail ballot election be mailed to certain inactive electors in addition
to all active registered electors. In addition, the Code will be amended to require that the Citypay
postage on all voted ballots returned by mail. Both amendments are anticipated to increase voter
participation.
Ordinance No. 130, 2011 was originally considered on Second Reading on October 18, 2011. It
was postponed to this date to allow staff to amend the Ordinance to further define those inactive -
failed to vote electors who will receive a mail ballotpackage, and to prepare a Resolution directing
the City Manager to provide an analysis of the April 2013 election.
This Ordinance was amended prior to Second Reading on October 18 to add language clarifying
that ballots will be mailed to inactive registered electors with a status designation of "inactive -
failed to vote". On October 18, Council directed that the Ordinance be revised to provide that any
inactive failed to vote elector who voted in at least one of the past two General Elections
immediately preceding any City election conducted by mail ballot, will receive a mail ballot
Package. " , .
Councilmember Troxell noted eight of the last 25 election dates were City -only elections. Deputy
City Clerk Harris confirmed that information.
Councilmember Troxell expressed concern regarding public confusion relating to postage -paid
ballots and requested an explanation of the County's process regarding "inactive failed to vote"
voters following elections. Harris described the mailing sent out by the County to attempt to garner
information from registered voters who failed to vote.
Eric Sutherland, 3520 Golden Currant, stated there is room for improvement in this process and
suggested the formation of a Citizens Board to aid in assisting voters.
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Councilmember Troxell asked about changes to the item since the last meeting. Harris replied
Council had requested language be changed to allow a voter who voted in either of the past two
general elections to receive a ballot in a City mail ballot election.
Councilmember Troxell requested an estimate of the approximate additional cost for ballots to be
mailed to "inactive failed to vote" electors. Harris replied the estimate is approximately $19,000.
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 130, 2011, on Second Reading:
Councilmember Troxell stated he would not support the item as paid postage on City elections could
create confusion among electors.
The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw and Horak.
Nays: Troxell.
THE MOTION CARRIED.
Mayor Pro Tem. Ohlson made a motion, seconded by Councilmember Troxell, to adopt Resolution
2011-095. Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Motion to Adjourn
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Poppaw, to adjourn to after
the completion this evening of the Skyview South General Improvement District and General
Improvement District No. 1 meetings to consider a possible Executive Session. Yeas: Weitkunat,
Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
("Secretary's note: The Council reconvened at 9:45 p.m.)
Executive Session Authorized
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Troxell, to go into Executive
Session pursuant to City Code Sections 2-3 1 (a)(1)(d) and 2-31(2) to consider and discuss strategy
matters relating to negotiations with employee groups including unions and to consult with the City
Attorney regarding related legal issues. Yeas: Weitkunat, Ohlson, Poppaw and Troxell. Nays:
Kottwitz and Horak.
THE MOTION CARRIED.
("Secretary's note: Council went into executive session at 9:50 and reconvened at 10:45 p.m.)
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Adjournment
Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Kottwitz, to adjourn to 6:00
p.m., on Wednesday, November 9, 2011, to consider a possible Executive Session to conduct the
annual evaluations of the City Manager and the Municipal Judge.
The meeting adjourned at 10:45 p.m.
ATTEST: ALI
F pORT c0`�i
SEAL :N
City Clerk G/
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