HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 11/04/2003 - REGULAR MEETING AGENDA (SUMMARY)AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
November 4, 2003
Proclamations and Presentations
5:30 p.m.
A. Proclamation Proclaiming November 15, 2003, as "America Recycles Day".
B. Proclamation Welcoming Members of the "2003 Monbusho Teacher Exchange Program"
to the City of Fort Collins.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
1. CALL MEETING TO ORDER.
2. ROLL CALL.
3. CITIZEN PARTICIPATION (limited to 30 minutes)
4. CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during
Citizen Participation.
5. AGENDA REVIEW: CITY MANAGER
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The Consent Calendar consists of Item Numbers 7 through 14. This Calendar is
intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar.
Anyone may request an item on this calendar to be "pulled" off the Consent
Calendar and considered separately. Agenda items pulled from the Consent
Calendar will be considered separately under Agenda Item #20, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
CONSENT CALENDAR
Consideration and adoption of the Council meeting minutes of September 16 October 7 and
October 21, 2003.
8. Second Reading of Ordinance No. 141, 2003, Appropriating Revenue from the Colorado
Department of Transportation in the Transportation Fund for the US 287/South College
Avenue Bicycle Lane Project.
The City of Fort Collins Transportation Planning office received a grant from CDOT
Enhancement Funds for FY 2003-05 to construct on -street bicycle lanes on South College
Avenue/US 287 from Harmony Road/SH68 southward to Carpenter Road/CR32. Ordinance
No. 141, 2003, was unanimously adopted on First Reading on October 21, 2003.
9. Second Reading of Ordinance No. 142, 2003, Authorizing the Issuance of City of Fort
Collins. Colorado, Downtown Development Authority Taxable Subordinate Tax Increment
Revenue Bonds, Series 2003, Dated Their Delivery Date, in the Aggregate Principal Amount
of $1,000,000 for the Puroose of Financing Certain Capital Improvements and Capital
Projects: and Providing for the Pledge of Certain Incremental Ad Valorem Tax Revenues to
Pay the Principal of, Interest on and Any Premium Due in Connection with the Redemption
of the Bonds.
The City of Fort Collins created the Downtown Development Authority to make desired
improvements in the downtown area. Through tax increment financing, the DDA has made
significant contributions to the redevelopment and improvement of the downtown area. This
Ordinance, which was unanimously adopted on First Reading on October 21, 2004, provides
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funding from unreserved fund balance in the DDA Debt Service Fund to make additional
improvements in the downtown area. This Ordinance also authorizes the issuance of $1
million of short term bonds for the projects which will be paid from the tax increment
revenue.
10. Second Reading of Ordinance No. 143,2003, Authorizin¢ the Conveyance of Approximately
4,561 Square Feet of City Land to the Hetzel Family in Exchange for Certain Easements for
the LaPorte Trail Connection and Additional Compensation.
Through negotiations with the Hetzel family, the City will acquire needed easements for the
La Porte Trail project in exchange for monetary considerations and land not needed for the
trail. The Hetzel driveway is located on a portion of the land the City will be deeding to the
Hetzels. This Ordinance was unanimously adopted on First Reading on October 21, 2003.
11. Items Relating to Various Code Changes.
A. First Reading of Ordinance No. 144, 2003, Amending Sections 20-2 and 20-3 of the
City Code Pertaining to the Abatement of Unsanitary or Dangerous Premises.
B. First Reading of Ordinance No. 145, 2003, Amending Section 9-2 of the City Code
Pertaining to the Uniform Fire Code.
C. First Reading of Ordinance No. 146, 2003, Amending Section 2-671 of the City Code
Pertaining to the Powers and Duties of the Director of the Office of Emergency
Management.
Following the blizzard of March, 2003, City and Poudre Fire Authority staff reviewed the
need for any City Code amendments that would be helpful in effectively dealing with future
emergency situations. The three proposed Ordinances are intended to clarify the authority of
the City and PFA to take emergency actions, provide for the publication of emergency rules
and regulations adopted by the City Manager, and provide a penalty for a knowing violation
of such emergency rules and regulations.
12. Resolution 2003-118 Adopting Amendments to the Financial Manalzement Policies.
The budget process for the City of Fort Collins is driven by many financial management
policies. To facilitate comprehensive review of the financial management policies, the
management staff compiles the policies into a separate document. Each year, staff reviews
and updates the policies. Staff presents the updated and revised policies to the Council for
adoption by Resolution. The policies remain in effect until subsequently amended or
repealed by Council action. Pursuant to Council direction, Section 3.4 of the policies
pertaining to Human Resource Management and Productivity has not been changed, pending
further review and discussion by the Council.
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13. Resolution 2003-119 Authorizing the City Manager to Grant Revocable Permits to Xcel
Energy and the U.S. Environmental Protection Agency on Certain City Property Under and
Adjacent to the Poudre River for Environmental Investigation and Remediation Activities.
In order to facilitate environmental investigation and remediation work to proceed in and
adjacent to the Poudre River between Gustav Swanson Natural Area and the Northside
Aztlan Center property, the City will need to grant revocable permits, in the form of license
agreements, to Xcel Energy and the U.S. Environmental Protection Agency. At this time the
specific work plans for the work to be carried out are not completed. However, because there
is an ongoing release of tarry material into the Poudre River, the work will need to proceed
promptly once the details of the plans are completed. Consequently, staff is recommending
that the City Council adopt this Resolution in order to authorize the City Manager to enter
into the necessary license agreements, including such terms and conditions as may be
necessary to protect the interests of the City and minimize impacts to the City's property.
14. Resolution 2003-120 Authorizingthe e City Manager to Execute an Agreement with Great
Lakes Airlines to Provide Scheduled Bus Service at the Fort Collins -Loveland Municipal
Airport.
Great Lakes Airlines desires to operate scheduled bus service from the Fort Collins/Loveland
Municipal Airport to Denver International Airport (DIA). The bus service will operate
initially with 4 round trips per day during the week and 3 round trips on Saturday and
Sunday. The bus service is very unique because it allows ticketed airline passengers to go
through security check -in here and be dropped off at Concourse "A" at DIA, thereby
bypassing security screening, baggage check -in and more expensive pay parking at DIA.
This is the first time such gate -to -gate service has been offered between two airports. The
Transportation Security Administration (TSA) is processing final approval of the service and
DIA has approved the service to operate from their airport.
***END CONSENT***
15. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
16. Staff Reports.
ClimateWise Report - Sarah Fox
Status Report on Council Requests.
17. Councilmember Reports.
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ITEMS NEEDING INDIVIDUAL CONSIDERATION
18. Resolution 2003-121 Approving the Exercise of the City's Option from North Poudre
Irrigation Company to Proceed with the Development of the Halligan Reservoir Enlar eg ment
Project and to Authorize Other Related Actions. (45 minutes)
This Resolution will authorize the City to exercise the option the City has with the North
Poudre Irrigation Company (NPIC) to acquire from NPIC its property rights and the right to
proceed with the permitting and development of the Halligan Reservoir Enlargement Project.
Under the option agreement, the City will acquire all property and other rights necessary for
the proposed enlargement and this will allow the City to pursue permitting, design and
construction of the enlargement. This resolution also provides direction and authority to
enter into agreements with permitting agencies, NPIC, potential participants in the project
and other entities necessary to develop and ultimately to construct the project.
19. Resolution 2003-122 Accepting a Property Owner Petition Regarding the Initiation of a
Special Improvement District. Stating the Need For. the Nature of, and the Location of the
Improvements to Be Made. Describing the Area to Be Assessed for the Same and Directing
the Director of Community Planning and Environmental Services to Prepare and Present to
the City Council the Necessary Information for the Formation of Said District (30 minutes)
Traffic congestion at the Timberline/Prospect intersection is well below the City's Level of
Service requirements, with almost all legs and turn movements failing during the AM and
PM peak rush hours. In accordance with the Adequate Public Facilities Ordinance, any new
development which impacts this intersection cannot proceed until these existing deficiencies
are corrected. In the absence of any City Capital Improvement funding for this intersection,
two impacted developers are electing to privately fund these improvements in order to
proceed with their development projects. These developers are expected to constitute the
majority of the property owners within the proposed District. They are proposing the
initiation of the District to spread a portion of the costs to other undeveloped property in the
area benefited by the improvements through assessments.
This Resolution accepts the petition of one of the participating property owners and directs
City staff to prepare the plans and cost estimates. The Resolution is the first step in creating
the District. In subsequent actions, City Council will be asked to accept the completed plans,
approve the assessment method, hold a public hearing, and then create the SID by Ordinance.
20. Pulled Consent Items.
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ITEMS RELATING TO THE 2004 - 2005 BUDGET
BUDGET CONSENT ITEMS
Items Numbers 21 through 25 are being presented together in the Consent Calendar format. These
items have been reviewed and discussed at Budget Study Sessions and are being presented in this
manner to expedite their adoption. Any item may be withdrawn for discussion by any member of
the Council, staff or public and will be considered after the balance of the Budget Consent is
adopted.
21. First Reading of Ordinance No. 147, 2003, Appropriating Prior Year Reserves in the
Wastewater Fund for Prepavment of Debt Service.
Each year, the Finance Department reviews all of the City's debt instruments to determine
if there are opportunities to lower interest payments. This year, staff evaluated an
opportunity to save interest by prepaying debt service from reserves held in the Wastewater
fund. In 1995, the City of Fort Collins issued $13,800,000 of refunding bonds to lower
annual costs of the Wastewater fund. The bonds mature in 2005. Under the conditions of
the bond ordinance, the City may prepay the bonds that mature in 2004 and 2005 without any
prepayment penalty. By prepaying the bonds, the City can avoid $147,500 of interest costs
on the bonds.
22. First Reading of Ordinance No. 148, 2003, Amending the Code of the City of Fort Collins
to Increase the Capital Improvement Expansion Fee, Street Oversizing Fee and
Neighborhood Parkland Fee to Reflect Inflation in Associated Costs of Services
Ordinance No. 148, 2003, increases the fee schedules for the Capital Improvement
Expansion Fees and Neighborhood Parkland Fee by the estimated change in the 2003
Denver -Boulder -Greeley Consumer Price Index. Costs in the Capital Improvement
Expansion Fees ("CIEF") Study and the fee schedule for the Neighborhood Parkland Fees
were calculated using costs from 1995. The City Code requires that increases keep up with
annual inflation. The fees were last adjusted in late 2002. This Ordinance increases the
CIEF and the neighborhood parkland fees by the projected increase in the CPI-U of 2.00%,
and the Street Oversizing fees by 1.7%, which reflects the projected increase reported in the
Engineering News Record.
23. Items Relating to the 2004 Downtown Development Authority Budget.
A. First Reading of Ordinance No. 149, 2003, Appropriating Operating Funds and
Approving the Budget of the Downtown Development Authority for the Fiscal Year
Beginning January 1, 2004, and Fixing the Mill Levy for the Downtown
Development Authority for 2004.
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The Downtown Development Authority (the "DDA") adopted the proposed DDA budget for
2003, totaling $2,307,470, and determined the mill levy necessary to provide for payment of
administrative costs incurred by the District, at its regular meeting of October 2, 2003.
B. First Reading of Ordinance No. 150, 2003, Appropriating Revenue in the Downtown
Development Authority Debt Service Fund for Payment of Debt Service for the Year
2004.
This Ordinance appropriates funds for 2004 from the tax increment received by the City for
the DDA for debt service payments. Debt service and annual lease payments include: the
semi-annual payments of the 2001 DDA Refunding Revenue Bonds in the amount of
$1,382,038, the DDA share of the Parking Structure lease payment of $281,224, the amount
of $35,112 for the annual interest payment on the subordinate revenue bonds issued in 2000,
and $1,000,000 for various projects identified by the DDA board from tax increment
revenues.
24. Items Relating to Utility Rates and Charges for 2004.
A. First Reading of Ordinance No. 151, 2003, Amending Chapter 26, Article X11, of the
Code of the City Relating to Utility Connection Fees and Miscellaneous Charges.
B. First Reading of Ordinance No. 152, 2003, Amending Chapter 26, Article III,
Division 4 of the Code of the City Relating to User Fees and Charges for Water.
C. First Reading of Ordinance No. 153, 2003, Amending Chapter 26, Article IV,
Division 4 of the Code of the City Relating to Wastewater Fees.
D. First Reading of Ordinance No. 154, 2003, Amending Chapter 26, Article VI,
Division 4 of the Code of the City Relating to Electric Rates and Charges.
E. First Reading of Ordinance No. 155, 2003, Amending Chapter 26, Article VII,
Division 2 of the Code of the City Relating to Stormwater Fees.
This item consists of five ordinances establishing the Utilities rates and various charges for
2004.
25. Resolution 2003-123 Adopting a Revenue Allocation Formula to Define the Cif of Fort
Collins' Contribution to the Poudre Fire Authority Budget for the Year 2004 for Operations
and Maintenance.
In December 1981, the Council entered into an agreement with the Poudre Valley Fire
Protection District, creating the Poudre Fire Authority.
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According to the Intergovernmental Agreement between the City of Fort Collins and the
Poudre Valley Fire Protection District, the City will contribute funding for maintenance and
operating costs to the Authority based on a "Revenue Allocation Formula" ("RAF"). The
RAF is to be set annually based upon a percentage of sales and use tax revenues (excluding
dedicated sales and use tax revenues that must be spent on specific projects) and a portion
of the operating mill levy of the City's property tax. Article X, Section 20 of the State
Constitution ("TABOR") limits the rate of growth to a combination of the Denver -Boulder -
Greeley Consumer Price Index and additions to the local property tax base primarily due to
construction and annexation. Although voters passed a ballot measure in November, 1997
allowing the City to retain excess revenues over the growth limits imposed by TABOR, the
RAF is still reviewed annually and proportionately reduced, if necessary, if City revenues
exceed the estimated annual percentage increase in revenues that the City would be permitted
to retain under TABOR.
***END BUDGET CONSENT***
26. Pulled Budget Consent Items.
ITEMS NEEDING INDIVIDUAL CONSIDERATION
27. First Reading of Ordinance No. 156, 2003, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2004; Adopting the Budget for the
Fiscal Years Be ignnin January anuarv1,2004,andEndingDecember31,2005;andFixingtheMill
Levy for Fiscal Year 2004. (1 hour)
There have been four study sessions involving discussion of the 2004-2005 budget for the
City of Fort. Collins. In addition, two public hearings were held. With City Council direction,
the City of Fort Collins 2004-2005 Biennial Budget was developed and is now presented to
City Council for consideration and adoption and to appropriate the necessary monies to fund
the budget for fiscal year 2004. The Second Reading of this ordinance is scheduled for
November 18, 2003.
28. Other Business.
29. Adjournment.
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MEETING OF THE BOARD OF DIRECTORS OF
GENERAL IMPROVEMENT DISTRICT NO. 1
Call Meetine to Order.
2. Roll Call.
3. First Reading of Ordinance No. 048, Being the Annual Appropriation Ordinance Relating
to the Annual Appropriations for the Fiscal Year 2004 and Approving the Biennial Budget
of the General Improvement District #1 for the Fiscal Years Beginning January 1 2004 and
January 1, 2005, Determining and Fixing the Mill Levy for the General Improvement
District #1 for the Fiscal Year 20K and Directing the Secretary of the District to Certify
Such Levy to the Board of County Commissioners of Larimer County.
Included in the recommended appropriations of the 2004 General Improvement District No.
1 budget is an appropriation of $150,880 for lease payments in connection with the Lease
Certificates of Participation for Street Improvements. An appropriation of $87,737 is to be
used for improvements to the Downtown District. The remaining appropriations requested
for 2004, totaling $28,039, will be used for the residential rebate program, electricity costs
for downtown lighting and for routine maintenance costs within the District.
4. Other Business,
5. Adjournment.
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MEETING OF THE BOARD OF DIRECTORS OF
WATER UTILITY ENTERPRISE BOARD
1. Call Meeting, to Order.
2. Roll Call.
3. First Reading of Ordinance No. 5. Authorizing the Issuance of City of Fort Collins
Colorado, Water Utility Enterprise, Subordinate Water Revenue Bond, Series 2003 Dated
December 1. 2003, in the Principal Amount of $4,150,781.22.
Ordinance No. 5, authorizes the City's Water Utility Enterprise to issue a bond, a formal
document requiring payment to the North Poudre Irrigation Company. The funding would
allow the City to acquire from the Irrigation Company all of the property and other rights it
owns that will be necessary to proceed with the permitting and development of the Halligan
Reservoir Enlargement Project. Halligan Reservoir is located on the North Fork of the
Poudre River and has a current capacity of 6,408 acre-feet of water. The reservoir could be
enlarged to hold approximately 40,000 acre-feet of water. City staff recommends the project
as the Water Utility needs additional storage capacity to effectively manage the City's water
rights portfolio. Over the next 27 years, the Water Utility will pay the debt of $4,150,781.22,
primarily from development fees paid to the City.
4. Other Business.
5. Adjournment.
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