HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/04/2003 - CONSIDERATION AND ADOPTION OF THE COUNCIL MEETING ITEM NUMBER: 7
AGENDA ITEM SUMMARY DATE: November4, 2003
FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek
SUBJECT
Consideration and adoption of the Council meeting minutes of September 16, October 7 and
October 21, 2003.
September 16, 2003
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting- 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 16,
2003, 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:Bertschy,Hamrick,Kastein,Martinez,Roy,Tharp and
Weitkunat.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Brad Edwards spoke about open meeting laws and open government at the bureaucratic level. He
suggested that City departments have open government days to discuss current work such as the
work being done on storm water improvements along the bike trail.
Andrew Manriquez, 628 East Elizabeth, expressed concerns regarding repeated car thefts and
vandalism in his neighborhood and the need for increased law enforcement.
Rose Russell and daughter Jennifer Russell stated she would like to speak regarding agenda item
#24 Resolution 2003-103 Supporting the Development(?fa Shane's Inspiration Playground in Fort
Collins. Mayor Martinez stated there would bean opportunity for discussion later in the agenda and
that he would allow her participation at this point in the meeting due to her inability to be present
later in the meeting. Ms. Russell spoke regarding the need for more accessible parks and
playgrounds and supported the retrofitting of Rolland Moore Park for greater accessibility.
Robert Burns, 1819 Indian Meadows Lane, Library Board member, stated he was speaking as a
private citizen. He spoke regarding an AARP magazine survey listing the best places to live which
listed Fort Collins as the number 1 place to live. He stated people want to live in Fort Collins
because of the quality of life. He asked that Council give special consideration to the library and
the bike trails in considering the budget.
Debra Sexton spoke regarding tiered water rates and stated they penalized people with larger lots
and larger families. She stated the tiered water rates make it difficult to keep trees alive.
Kelly Ohlson, 2040 Bennington Circle, stated the vacancies on the newly created Budget Advisory
Committee should be advertised and opened up to the public and that the appointments should be
made by the Council. He stated appointments should represent all points of view. He stated water
bills would not be high throughout the year and that the tiered water rates will help convince people
to use less water.
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Citizen Participation Follow-un
Mayor Martinez asked for the Police response time on the situation mentioned by Mr. Manriquez.
City Manager Fischbach stated the officer was on the scene 10 minutes after the first call and that
the officer cleared the scene 59 minutes later. He stated a second call came in 18 minutes later and
that call was responded to within 6 minutes and that the officer cleared the scene 17 minutes later.
Councilmember Bertschy stated car windows were shot out in his neighborhood last year and that
the two culprits were apprehended. He stated the Council will be taking neighborhood concerns into
account in discussing the budget.
Councilmember Tharp stated the City did have a sampler tour program during which citizens could
get acquainted with City departments and that the program was cut due to budget constraints. She
stated she would support implementing the program once again when the budget allowed.
Councilmember Kastein stated he agreed with Ms. Sexton's comments that tiered water rates are
unfair. He stated the library and bike trails are important and that the issue will be finding the
money to allocate to those items.
Councilmember Roy stated tiered water rates were high in the summer months and that there would
be a cost to increasing the water supply. He stated water should be expensive for high usage. He
stated he would favor having a public process for appointments to the Budget Advisory Committee.
Councilmember Weitkunat stated the Council will be looking at tiered water rates. She stated the
issue needed to be approached in a common sense matter and that the tiered rates might need to be
adjusted. She stated it was important for citizens to keep presenting anecdotal information to the
Council.
Councilmember Hamrick stated the Council is not fully in agreement on the tiered water rate issue.
He stated water is priced to allow the cost of operations to be recaptured. He stated there is a need
to conserve in this semi-arid environment and that water users will pay through water rates or
through building more dams. He stated the water rates reflected that those who use more water
should pay the cost.
Councilmember Bertschy stated the more water used will mean a higher ultimate cost. He stated
the intent was fair rates within a tiered system and having those with a greater need for water help
support future capacity.
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Agenda Review
City Manager Fischbach stated agenda item#20 Resolution 2003-079 Adopting Amendments to the
Financial Management Policies would be withdrawn from the agenda and scheduled for a Study
Session discussion.
Councilmember Hamrick withdrew item#14 First Reading of Ordinance No. 129, 2003, Amending
the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain
Property Known as the Vineyard Rezoning from the Consent Calendar for separate discussion.
CONSENT CALENDAR
7. Second Reading of Ordinance No 121 2003 Appropriating Unanticipated Grant Revenue
in the Cultural Services and Facilities Fund to be Used to Evaluate and Determine the
Cultural Affiliation of Human Remains and Cultural Artifacts in the Museum's Holdings
The City was awarded a $75,000 grant from the National Park Service. This Ordinance,
which was unanimously adopted on First Reading on September 2, 2003, appropriates that
grant money in the Museum's NAGPRA grant project.
8. Second Reading of Ordinance No 122 2003 Appropriating Unanticipated Grant Revenue
in the General Fund for the Operation of the Fort Collins Welcome Center.
The City has been awarded a $48,688 grant from the Colorado Tourism Office for the
operation of the Fort Collins Welcome Center for the fiscal year July 1, 2003 to June 30,
2004. The City has contracted with the Fort Collins Convention and Visitors Bureau to
operate this program. This Ordinance was unanimously adopted on First Reading on
September 2, 2003.
9. Second Reading of Ordinance No. 123, 2003 Authorizingthe he Appropriation of Funds for
Expenditure to Be Used for the Fort Collins-Loveland Airport's FAA Sponsored Airport
Master Plan Update Study.
This Ordinance, which was unanimously adopted on First Reading on September 2, 2003,
appropriates the City's 50% share of the$200,000 additional grant money(or$100,000) as
well as its 50% share of the $22,200 required matching funds (or$11,100).
10. Second Reading of Ordinance No. 124, 2003, Amending Section 22-90 of the City Code
Relating to the Limit on Special Improvement District Assessments
This Ordinance, which was unanimously adopted on First Reading on September 2, 2003,
does not have a direct financial impact on the City. Indirectly, this change may have a
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September 16, 2003
beneficial effect in that it may reduce the amount of money that the City will have to
contribute to street improvements and other capital projects.
11. Second Reading of Ordinance No. 125 2003 Designating the Empire Grange Hall 2306
West Mulberry Street, Fort Collins. Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the City Code.
The members of Empire Grange #148 initiated this request for Fort Collins Landmark
designation for the Grange Hall. Due to the Hall's excellent physical integrity and high
degree of architectural and historical significance, the building may be regarded as
individually eligible for landmark designation under City of Fort Collins Landmark
Preservation Standards. The Grange Hall, still in use after 91 years, remains a tangible
reminder of the presence in Fort Collins of the Order of the Patrons of Husbandry, or
Grange. Ordinance No. 125, 2003, was unanimously adopted on First Reading on
September 2, 2003.
12. Items Relating to an Intergovernmental Agreement with the Colorado Department of
Transportation.
A Resolution 2003-101 Authorizing the Mayor to Execute an Intergovernmental
Agreement with the Colorado Department of Transportation for the Construction of
a Median at the Intersection of College Avenue(US 287) and Lake Street for Safety
Improvements.
B. First Reading of Ordinance No. 127, 2003, Appropriating Revenue in the Amount
of$186,000 to Install a Median on College Avenue at the Intersection of Lake Street.
The intersection of College Avenue and Lake Street is currently a full movement, stop
controlled intersection. This intersection also has the highest number of accidents for any
stop controlled intersection within Fort Collins. Over the past four years, there have been
55 accidents at this location, many of which have involved injury. In the Fall of 2002, the
City staff applied for, and was awarded a Hazard Elimination Grant in the amount of
$186,000 to construct a median on College Avenue that would prevent the north and
southbound left turns as well as the east and westbound left and through movements. In
effect, Lake Street will become a right-in/right-out access onto College Avenue.
13. First Reading of Ordinance No. 128,2003 Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Mason Transportation Corridor Trail Project
The project components include the construction of a bicycle/pedestrian trail and associated
lighting and landscaping improvements along the Burlington Northern Santa Fe (BNSF)
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Railway corridor from Harmony Road south to the future Fossil Creek trail, a distance of
approximately 3/4 mile.
This ordinance does not automatically result in the filing of a petition in eminent domain;
it simply allows staff to use the process if good faith negotiations fail to result in an
agreement between the City and the affected property owners. Staff is hopeful that all
acquisitions will be accomplished by agreement. This process does not apply to the
negotiations between the City and BNSF;it would only apply to any private property owners
along the corridor where land may be needed permanently for the trail or just during the
construction process.
To utilize the State funding, all right-of-way (ROW) must be acquired prior to advertising
the project for construction. Therefore, in the event that eminent domain proceedings need
to be used, it is critical that this ordinance be in place to limit any possible delays.
14. First Reading of Ordinance No. 129, 2003 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Vineyard Rezoning
This is a request to rezone a portion of a tract of land located at the northeast corner of East
Vine Drive and 1-25. This parcel is 78.6 acres in size and is currently zoned I — Industrial.
The proposed rezoning would rezone the eastern 43.8 acres of land from Industrial to Urban
Estate residential, the remaining 34.8 acres of land adjacent to I-25 would remain zoned
industrial. The parcel is designated as part of the I-25 Special Corridor Study on the City
of Fort Collins Structure Plan and Urban Estate on the recently adopted 1-25 Subarea Plan.
The rezoning request is consistent with the recently adopted I-25 Subarea Plan. This plan
designates the land 1/4 mile east of I-25, north of Vine Drive, as Urban Estate Residential.
The Urban Estate zone district permits up to two residential units/acre. The purpose of the
1-25 Subarea Plan is to provide a mix of housing and employment uses along 1-25, and
provide a transition of density and land use intensity from the area directly adjacent to 1-25
to the rural character outside of the City's Urban Growth Area in Larimer County.
15. First ReadingofOrdinanceNo. 130,2003 Authorizing a Temporary Construction Easement
for Construction of Water Line Across Portions of Fossil Creek Wetlands Natural Area and
Fossil Creek Reservoir Natural Area By Fort Collins-Loveland Water District and
Approving a Slope Restriction on Portions of Said Natural Areas to Protect City Storm
Drainage Improvements.
The Fort Collins-Loveland Water District (FCLWD) will be constructing a 30" diameter
water line in Timberline Road from Trilby to Carpenter. The City of Fort Collins
Stormwater Utility needs critical flood control box culverts installed in this location of
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Timberline for public safety during 100-year storm events. The City and FCLWD are
constructing the improvements cooperatively under one contract to minimize cost and
impact to the public. The Stormwater Utility will pay fair market value as compensation for
the temporary construction easement and slope restriction required for fill areas adjacent to
the box culverts and for restoration of disturbed areas. The temporary construction
easements are being granted to the FCLWD as the entity that will be completing the work
on the properties.
The Fort Collins-Loveland Water District will be installing a 30" diameter water line in
Timberline Road from Trilby to Carpenter, and continuing south to serve the new Larimer
County Event Center and the expanding facilities in the vicinity of the Fort Collins-Loveland
Airport. Through inter-agency coordination,the City Stormwater Utility will,in conjunction
with this project, install a large drainage crossing on Timberline at Fossil Creek consisting
of several box culverts to pass projected 100-year stormwater flows. These improvements
are adjacent to the Fossil Creek Wetlands Natural Area property on the west and to the Fossil
Creek Reservoir Natural Area on the east, adjacent Timberline Road.
16. First Reading of Ordinance No. 131,2003,Vacating a Portion of Right-of-Way as Dedicated
on the Plan of Rigden Farm, Filing One.
The Rigden Farm development site is located south of Drake Road,east of Timberline Road
and west of Ziegler Road. As a part of Rigden Farm, Filing One, it was anticipated that an
unnamed street would extend northerly beyond Limon Drive between Rockford Drive and
Kansas Drive. The street stub for this anticipated street was dedicated with Rigden Farm,
Filing One. Rigden Farm, Ninth Filing Parkside Commons for which an Administrative
Hearing was held on August 20, 2003, showing that the street stub is no longer needed and
will be removed. The development instead will dedicate the right-of-way for and build the
extension of Kansas Drive to Drake Road,which is approximately 200 feet west of the street
stub to be vacated. Therefore,the right-of-way for the street stub is no longer necessary and
is proposed for vacation at this time. Because utilities currently exist within the right-of-way
the area will be retained as a utility easement.
17. First Reading of Ordinance No. 132, 2003, Vacating Portions of the Rights-of-Way as
Dedicated on the Plat of 19th Green Planned Unit Development - Phase 1
This site is located south of County Road 52,east of County Road 11 and north of Mountain
Vista Drive. It was a county development proposal that dedicated the streets as shown and
laid out on the 19th Green Planned Unit Development—Phase 1. Neither the streets nor the
development was built. The dedicated right-of-way was annexed into the City when the
parcel was annexed in 1983. An Administrative Hearing was held on April 24,2003, for the
Maple Hill development proposal,which shows a different street layout than was originally
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platted. Therefore,the right-of-way for the streets are no longer necessary and are proposed
for vacation at this time.
18. First Reading of Ordinance No. 133, 2003, Amending Chapter 26 of the City Code Related
to Electric Transmission Facilities and Electric Service.
The Ordinance revises Sections 26-41 l and 26-412 of the City Code to authorize non-City
owned electric transmission facilities (those not serving customers within the City) inside
the City limits following annexation to remain in place or be relocated into City rights-of-
ways or public utility easements under the same terms and conditions as other public
utilities, or by grant of Council-approved easement or revocable encroachment permit.
Current City Code requires a franchise for such lines.
The Ordinance also revises Section 26-444 regarding transfer of customers after annexation.
The proposed change eliminates the 90-day limit on the period during which a non-City
owned utility may continue to serve its existing customers after annexation without a
franchise. Instead, the new language permits the existing utility company to continue to
serve its customers within the annexed area until such time as the City notifies the other
utility of its readiness to provide electric service to the annexed customers. Although the
City's electric utility intends to provide electric service to all properties within the city
limits, it is not practical to do so within 90 days.
19. Resolution 2003-102 Making Findings of Fact and Conclusions Regarding the he Appeal of
a Decision of the Administrative Hearing Officer Relating to the Discount Tire at Fossil
Creek Project Development Plan.
On July 24, 2003, a Notice of Appeal was received by the City Clerk's office regarding the
decision of the Administrative Hearing Officer (the "Hearing Officer"). On August 11,
2003, an amended Notice of Appeal was received by the Clerk's office. In this amended
Notice of Appeal,the Appellant,James Silhasek of Discount Tire Company,alleges that the
Hearing Officer failed to conduct a fair hearing in that he considered evidence relevant to
the finding which was substantially false.
On September 2, 2003, City Council voted 5-1 to remand the matter back to the Hearing
Officer for rehearing.
20. Resolution 2003-079 Adopting Amendments to the Financial Management Policies
The Financial Management Policies guide budget preparation and long-range financial
planning.The policies reflect Council direction and commitment to sound financial planning
and management.
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***END CONSENT'
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 121, 2003, Appropriating Unanticipated Grant Revenue
in the Cultural Services and Facilities Fund to be Used to Evaluate and Determine the
Cultural Affiliation of Human Remains and Cultural Artifacts in the Museum's Holdings.
8. Second Reading of Ordinance No 122 2003 Appropriating Unanticipated Grant Revenue
in the General Fund for the Operation of the Fort Collins Welcome Center.
9. Second Reading of Ordinance No 123, 2003 Authorizingthe he Appropriation of Funds for
Expenditure to Be Used for the Fort Collins-Loveland Airport's FAA Sponsored Airport
Master Plan Update Study.
10. Second Reading of Ordinance No. 124, 2003, Amending Section 22-90 of the City Code
Relating to the Limit on Special Improvement District Assessments
IL Second Reading of Ordinance No. 125, 2003, Designating the Empire Grange Hall 2306
West Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the City Code.
Ordinances on First Reading were read by title by City Clerk Krajicek.
12. First Reading of Ordinance No. 127, 2003, Appropriating Revenue in the Amount of
$186,000 to Install a Median on College Avenue at the Intersection of Lake Street.
13. First Reading of Ordinance No. 128,2003,Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Mason Transportation Corridor Trail Project.
14. First Reading of Ordinance No 129 2003 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Vineyard Rezoning.
15. First Reading of Ordinance No. 130 2003 Authorizing a Temporary Construction Easement
for Construction of Water Line Across Portions of Fossil Creek Wetlands Natural Area and
Fossil Creek Reservoir Natural Area By Fort Collins-Loveland Water District and
Approving a Slope Restriction on Portions of Said Natural Areas to Protect City Storm
Drainage Improvements.
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16. First Reading of Ordinance No. 131,2003,Vacatinga Portion ofRight-of-Way as Dedicated
on the Plan of Rigden Farm, Filing One.
17. First Reading of Ordinance No. 132, 2003, Vacating Portions of the Rights-of-Way as
Dedicated on the Plat of 19th Green Planned Unit Development - Phase 1
18. First Reading of Ordinance No. 133,2003, Amending Chapter 26 of the City Code Related
to Electric Transmission Facilities and Electric Service.
Councilmember W eitkunat made a motion,seconded by Councilmember Roy,to adopt and approve
all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Reports
Councilmembers Kastein and Tharp reported on the RTA Subcommittee discussions regarding the
positions of the participating entities regarding the intergovernmental agreement and the future of
the RTA.
Councilmember Hamrick asked if the intergovernmental agreement would be the same for all
participating entities.
Councilmember Tharp stated each entity could propose modifications to the IGA.
Councilmember Hamrick asked if the Council will discuss the evolution of the IGA at Study
Sessions. City Manager Fischbach replied in the affirmative.
Councilmember Bertschy asked when the first draft of the IGA will be reviewed.
Councilmember Kastein stated a template of the IGA was being circulated and that a final draft will
be finalized months down the road.
Resolution 2003-103
Supporting the Development of
a Shane's Inspiration Playground in Fort Collins, Adopted.
The following is staffs memorandum on this item.
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"Financiallmpact
The development of the playground would need to be funded through a partnership of City and
private funding. The cost of the playground has not been determined at this time.
Operation and maintenance of the playground would need to be budgeted in future Parks
Maintenance budgets. The cost of operation and maintenance has not been determined at this time.
Executive Summary
The City of Fort Collins has an extensive park system with numerous playgrounds that allow for
inclusion of all children. Play equipment in the playgrounds allows for access by children with
disabilities. Accessible surfacing, routes and transfer points provide disabled children the
opportunity to play alongside able-bodied children. The opportunity to enhance our playground
system with a totally accessible playground is exciting for the community. The City working with
visionary community leaders, can make this playground a reality for all children.
Shane's Inspiration is an organization that helps communities create a universally accessible
playground environment where all children can play together at the highest level of their ability.
The playground design provides sensory-rich and physically challenging equipmentfor independent
play with the opportunity for disabled and able-bodied children to experience and accept one
another. These playgrounds enhance a child's emotional,physical and social development, as well
as teach compassion and acceptance. "
Mayor Martinez read introductory remarks regarding the proposed playground for children with
disabilities, and a seven-minute video was shown.
Councilmember Weitkunat made a motion, seconded by Councilmember Bertschy, to adopt
Resolution 2003-103.
Councilmember Weitkunat stated this was an important and positive direction for an inclusive
community.
Councilmember Bertschy stated Fort Collins had taken the lead since the 1980's in helping youth
of all ages enjoy the recreation system. He stated this is a worthy project for the City to pursue.
Councilmember Roy stated this playground will integrate all children in theirplay and that he would
support this direction for other playgrounds.
Mayor Martinez stated he supported the project.
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The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Public Hearing on the 2004-2005
Recommended Biennial Budget for the City of Fort Collins, Held.
The following is staffs memorandum on this item.
"Executive Summary
This is the first official public hearing on the City Manager's 2004-2005 Recommended Biennial
Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on
the 2004-2005 budget for the City of Fort Collins.
In an effort to receive,further public input, a second public hearing is scheduled for the October 7,
2003 Council meeting.
The City Manager's 2004-2005 recommended budget can be reviewed at the Main Library, the
Harmony Branch Library, or the City Clerk's Office. The recommended budget can also be viewed
on the internet at www.fcgov.com/budget. In addition to the Public Hearings, comments on the
budget can also be made on the internet at wnviv.fegov.corn/bud eg t or by calling 416-2489(#5001). "
City Manager Fischbach stated this was the first of two public hearings on the budget. He reviewed
the budget process and hearing and adoption schedule. He stated the budget for 2003 was
$440,450,720 and that the balanced budget for 2004 was $438,069,004. He noted that this is a
decrease of 0.5%. He stated the recommended budget for 2005 was$450,174,400(a 2.8%increase
over the 2004 budget). He stated the purpose of this hearing is to hear citizen questions and input
regarding the budget.
Donald Oehlerts, Library Board, stated the Board appreciated the interest and support of the City
Council in the Library. He stated the library budget was a small part of the total City budget. He
asked that the Council consider setting a benchmark of 1% of the total City budget for library
operations.
Kathy Wright, Executive Director of Boys and Girls Clubs of Larimer County, asked that Council
reconsider budget cuts for the Boys and Girls Club.
Brad Edwards spoke regarding the need to indicate publicly whether the proposed budget was a
requested increase or decrease and asked for more funding for the library and bike trails.
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Rudy Maes, Vice-Chairman of the Library Board, asked for consideration of funding for the
bilingual librarian program.
Andrew Manriquez, 628 East Elizabeth, spoke regarding the need for more funding for police
services and asked about the cost benefit of past increases for transportation funding. He asked how
the City compared with other cities for police funding.
Kelly Ohlson,2040 Bennington Circle, suggested looking at expenditures and possible cuts in some
areas. He stated one of the City's budget goals was"no layoffs",and he questioned that assumption.
He stated some positions could be eliminated because they are not high priorities and that the
elimination of some positions could mean that service cuts would not be needed. He stated many
positions do not provide direct services to the public. He stated the"real money"was in salaries and
benefits and that the City is looking at the wrong market group in setting salaries and benefits and
that the City needs to look at a wider market. He favored asking the City employees to pay more
of their health care costs.
Mayor Martinez asked what the cost would be for the bilingual librarian position. City Manager
Fischbach stated the cost would be $18,500.
Mayor Martinez asked if that position is on a year-to-year contract. City Manager Fischbach replied
in the affirmative.
Mayor Martinez asked if this money could be taken from reserves. City Manager Fischbach stated
it could be taken from reserves and that staff is looking at that possibility.
Councilmember Tharp requested clarification regarding whether the $18,500 is for the bilingual
program or for the position. City Manager Fischbach clarified that the money is for the program and
that the cost of the bilingual librarian position was considerably more.
Councilmember Tharp stated she would support taking the one-time money from some other source.
Councilmember Kastein asked about data regarding criminal activity ofyouth when there were Boys
and Girls Clubs and when there were not. City Manager Fischbach stated staff would attempt to
locate that information.
Councilmember Kastein asked forinformation about the increases in transportation services funding
referenced by Mr. Manriquez. City Manager Fischbach stated the 20% increase was due to an
accounting change and that staff would provide additional information to Council.
Councilmember Kastein stated he would like to see comparative information for the last five years
regarding the recent increases for transportation and police services. City Manager Fischbach stated
staff would provide some data to Council.
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Councilmember Kastein requested data on the benefits comparison with 11 other Cities. City
Manager Fischbach stated information would be provided.
Councilmember Weitkunat asked if there is an agreement with the Boys and Girls Club for
decreased funding. City Manager Fischbach stated there was no agreement and that the City had
implemented a decreased funding program starting last year. He stated there is no proposal for one-
time funding in this year's budget and that it is proposed to eliminate ongoing funding.
Councilmember Roy asked staff to address the condition of bike trails and the plans to repair them.
City Manager Fischbach stated the City had replaced roughly a mile of bike trails with concrete
along Spring Creek and the Poudre River. He stated he would provide information regarding those
improvements to Mr. Edwards.
Councilmember Roy asked if the Martinez portion of the bike trail would be undergoing repairs
starting in October. City Manager Fischbach replied in the affirmative.
Councilmember Bertschy requested that the whole Council receive staff responses to the questions
that had been posed. City Manager Fischbach stated the entire Council would receive all staff
responses.
Councilmember Tharp noted that three areas showed significant increases in spite of the overall
budget cuts and that the public needed an explanation. She stated she understood that two of the
increases were due to accounting changes. She requested that staff address the 14% in
administration, the 20% increase in transportation and the 13% increase in "other" expenditures.
She suggested that those increases be explained to the public in some way.
Councilmember Hamrick suggested comparisons of the information available to the Council with
the information that Mr. Ohlson had regarding the amounts paid for health benefits by City
employees compared with other employees. He stated he would like to see information that
included more than the I 1 other cities and that he would like to see the information that Mr. Ohlson
had available. He stated he would like to see a comparison between the actual dollars paid by
employees now compared with the next budget year.
Mayor Martinez asked for a comparison between City salaries and the salaries for other
governmental agencies.
Councilmember Weitkunat commented that the budget is a "balancing act" and that if dollars are
to be allocated in one place, the question is, where will they come from? She stated she would like
to hear suggestions from citizens about where the money would come from for their requests. She
stated she would like to hear what citizens thought should be cut to provide the desired service.
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Councilmember Roy commented that the City purchased a full-page ad in the newspaper regarding
the budget hearing and that six people came to the hearing to speak about over$3 million in budget
cuts. He stated tough choices will have to be made in the budget and that he hoped that the public
would "vigorously" share their ideas about the budget. He stated he believed that the employees
should pay more of the cost for their benefits. He stated the "quiet was deafening" at the budget
hearing and that he would encourage everyone to become more involved in the budget process.
Councilmember Tharp commented that the most striking figure in the budget is the division between
primary and secondary services. She stated 78% of the money went to primary services and 13%
to other services that many considered to be "quality of life" services. She stated less than 1% of
the budget went to the library. She stated she had reviewed the proposed cuts and had made
suggestions on using one-time money to deal with some of the cuts. She stated money could be
taken from uncommitted reserves for one-time priority items. She stated some reserves were set
aside for "financial uncertainties" and that she saw this uncertain revenue situation as financial
uncertainty. She stated some money could be taken from pavement management and that Council
would have to make a decision as to priorities. She stated money could be taken from other areas
for the police budget.
Councilmember Bertschy stated there were several ways that citizens could provide input on the
budget and that a second hearing on the budget would be held.
Mayor Martinez expressed concern about the level of funding for police services.
Resolution 2003-104
Adopting a Water Supply and Demand Management Policy Adopted
The following is staffs memorandum on this item.
"Financial Impact
This Resolution adopts a policy regarding water supply and demand management that in itselfdoes
not have a financial impact. Separate actions to implement certain policy elements, such as new
rate structures, incentive programs, and the development of additional storage capacity, will have
financial impacts and will be brought to Council later as needed. The funds for this are budgeted
in the Water Fund.
Executive Summary
This resolution updates and integrates two previous resolutions: Resolution 88-205 Adopting a
Water Supply Policy and Resolution 92-63 Adopting a Water Demand Management Policy.
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September 16, 2003
BACKGROUND:
Several study sessions were held last year with the City Council regarding the City's water supply
system and future needs through 2040. As a result of those meetings, the Council requested that
staff evaluate the City's present water demand and develop an integrated water supply and demand
managementpolicy. Staffgathered additional information regarding water use, received inputfrom
a number individuals and groups regarding water use and water supply, and reviewed the proposed
integrated policy at Council's August 12, 2003, study session. As a result of the direction received
at this meeting, staff revised Section I.a. to reflect an average day goal of 195 gallons per capita
per day (gpcd) by 2010 and peak demand goal of 502 gpcd. Section 2.c. was revised to show the
storage capacity associated with the new goals. Staff has also substantially narrowed the range of
storage needed to a range of 15,500 - 17,000 acre-feet because of the concerns expressed at the
study session that the previous range was too broad. This new range is based on serving new
growth within the City's service area and other areas defined by existing intergovernmental
agreements.
Although water supply planning will be based on policy goals, conservation efforts are expected to
reduce average day water use below 195 gpcd and peak daily demand to less than 502 gpcd. "
City Manager Fischbach introduced the agenda item.
Mike Smith, Utilities General Manager, stated an in-depth presentation had been made at the study
session. He stated changes had been made to the per capita goal number from 185 to 195 and to the
storage capacity as directed by Council.
Dennis Bode, Water Resources Manager, presented background information regarding the agenda
item. He outlined the eight elements and priorities of the proposed policy.
Andrew Manriquez,628 East Elizabeth,presented a petition with over 160 signatures asking for the
repeal of tiered water rates. He read a letter from Sandy Newlin,4112 Mount Vernon Court,asking
for reconsideration of the tiered water rates. He questioned the rate structure that caused residential
customers to pay more than commercial customers.
Kelly Ohlson, 2040 Bennington Circle, spoke in support of tiered water rates. He stated lower
income people who use less water will save money with the tiered rates and that middle income
users will save a little bit of money if they conserve water, and those who used a lot of water will
pay more. He noted that Council gave direction at the study session to change to 195 gallons per
capita per day and that he did not support that change. He stated 195 gallons was a"non-goal"and
that this would mean a need for more storage capacity which will be very costly and will contribute
to environmental destruction.
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September 16, 2003
Smith stated the majority of Council gave direction to Council at the study session to increase the
amount from 185 to 195 gallons per capita as recommended by the Water Board. He stated the 195
gallons would require more storage capacity. He stated current usage is at 198 gallons per capita
per day.
Councilmember Weitkunat asked about the program for assisting customers to replace outdated
water consumptive items. Smith stated many customers responded to the program and that staff will
be proposing another similar program.
Councilmember Weitkunat asked if the ideas of the Water Board had been incorporated into the
policy, specifically the idea about including a flat rate structure. Smith stated those ideas were not
included.
Councilmember Roy asked about the reference on one of the slides that related to fair cost of
providing raw water to surrounding areas. Smith stated most surplus raw water was rented for
agricultural use in the area.
Councilmember Roy asked about a reference to the diversion of agricultural water to municipal use
and how much water would be diverted. Bode stated much of the new supply came from the
conversion of agricultural irrigation to municipal use. He stated 2,000-3,000 acre-feet would
probably be diverted over 10 years.
Councilmember Roy asked how many acre-feet were saved through watering restrictions and tiered
pricing. Smith stated it was difficult to determine due to the wet spring. City Manager Fischbach
stated another factor was that the City was now 100%metered. Bode stated the total reduction was
about 25%.
Councilmember Tharp asked if the rate structure item suggested that the City would look at tiered
pricing, seasonal blocks and water budgeting. Smith replied in the affirmative.
Councilmember Tharp stated her understanding was that when statistical data is available at the end
of the watering season, it will be possible to look at tiered pricing and water budgeting. She asked
if that will address the concern expressed by the Water Board. Smith stated the Water Board
believes that a fourth option of a flat rate should be left in the policy.
Councilmember Tharp asked for an explanation of the Water Board's recommendation that 195
gallons was a reasonable and realistic goal. Bode stated the Board discussed the fact that many who
had turned in water rights, believed that they should be able to use that amount of water, that the
benefits of using water were significant and desirable in the community, and that reducing the per
capita use would not be fair to existing customers.
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September 16, 2003
Councilmember Tharp asked if reducing the amount to 185 gallons will mean that new people
coming in to the City will have to provide less water rights that they would under the 195 gallons.
Smith stated there was not necessarily a direct connection between the raw water requirement and
the number of gallons.
Councilmember Tharp asked about the current level of usage. Smith stated the use was at about 198
gallons per capita.
Councilmember Tharp asked if there had been an incentive program for toilet replacement. Smith
stated the incentive program had been for washing machines.
Councilmember Tharp asked if the storage plan included an option for regional cooperation for
storage and sharing of water. Smith stated staff was looking at a regional cooperation component
for Halligan Reservoir.
Councilmember Tharp asked if the City is charging developers the actual cost of buying water in
today's market. Smith stated it depended on the type of water,i.e., CBT water is higher priced than
the cash-in-lieu-of amount charged developers.
Councilmember Tharp asked if that is why the City's development costs are lower. Smith replied
in the affirmative.
Councilmember Kastein stated at the study session the fairness issue was addressed with regard to
the 195 gallon goal and the fee structure. Smith stated the storage levels in the policy corresponded
to the per capita goal.
Councilmember Kastein asked if the fee structure is set based on what is predicted that people will
use and the storage that will be needed to cover that use in years to come. Bode stated the mix of
water rights and the available storage for those water rights is part of the equation.
Councilmember Kastein asked if the Water Board's fairness argument is that dropping the target and
buying less storage will not be fair to those who had paid for more storage. Smith replied in the
affirmative.
Councilmember Kastein asked about the cost for the needed storage. Smith stated 3,000 acre-feet
of storage could be $8-10 million.
Councilmember Kastein stated he would like information on how the fee structure related to the
usage goal. Smith stated staff periodically reviewed development fees.
("Secretary's Note: The Council took a brief recess at this point.)
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September 16, 2003
Councilmember Bertschy stated he favored the 185 gallon target at the study session and asked if
the City is on its way to attaining that goal by 2010. Smith replied in the affirmative and stated staff
believes that the 185 gallon goal is attainable.
Councilmember Bertschy asked if there are projections of future needs beyond 2010. Smith stated
there are projections to 2040. He stated part of the raw water equity issue is the issue of reliability
because the raw water requirement is based on a 150-year drought usage figure.
Councilmember Hamrick asked for clarification regarding how the goal for usage affects future
storage capacity. Smith stated 3,000 acre-feet less will be required if the 185 target is followed.
Councilmember Hamrick asked if the 195 gallon figure applied only to Fort Collins utility users.
Smith replied in the affirmative.
Councilmember Hamrick asked if other utilities mirrored Fort Collins as far as the goal. Smith
replied that they did not necessarily follow Fort Collins' lead.
Councilmember Hamrick asked about the goals of other utilities. Smith stated other districts could
be lower if they have a mix of high residential versus commercial uses. He stated other entities
often do not have policies as Fort Collins does.
Councilmember Hamrick asked if building a dam in response to a 150-year drought and additional
growth could be needed in response to other utilities failing to conserve,even if the City conserves.
Smith stated part of the permitting process for new reservoirs and dams includes having an
aggressive conservation program in place. He stated if other districts or communities want to
participate in building additional storage capacity,they will be required to have such a conservation
program.
Councilmember Hamrick asked how much it would cost to expand Halligan Reservoir to 40,000
acre-feet and if the money currently being collected will be enough to pay for that expansion. Smith
stated the cash-in-lie-of raw water dollars provided by new development over the next 20-30 years
will more than pay for the expansion of the reservoir to the needed capacity(up to 20,000 acre-feet).
Councilmember Hamrick asked if a break point would be reached as water demand grows where
the necessary growth will not continue to pay for the extra capacity. Smith replied in the
affirmative. He stated building the storage capacity needed by the City versus building the larger
reservoir to meet the needs of others is twice as costly. He stated there would be economy of scale
and in sharing costs.
Councilmember Weitkunat asked about the underlying premise of the water demand policy. Smith
stated it was to give staff a direction and target for demand management or supply.
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September 16, 2003
Councilmember Weitkunat asked if the financial impact issues will be dealt with at a later time.
Smith replied in the affirmative.
Councilmember Weitkunat stated this is a planning tool for water supply and sustainability. Smith
stated staff proposed the 195 gallon goal initially because this will demonstrate that the City had an
active conservation program if Halligan Reservoir or other projects are pursued.
Councilmember Kastein asked who would approve new reservoirs. Smith stated a permit will be
required from the Army Corps of Engineers and that a NEPA process will have to be followed. He
stated it will be necessary to show that the City had an active conservation policy.
Councilmember Kastein asked if the City's conservation numbers were good. Smith stated the
numbers are good and that setting a 195 target might not show that the City was actively attempting
to conserve.
Councilmember Tharp asked for other reasons to justify the 185 target. Smith stated the target of
185 gallons is attainable. He stated there is a choice regarding usage and that the City will have
education and incentive programs to encourage people to use less water.
Councilmember Tharp asked what impact the 185 target would have on future growth and
development. Smith stated people would be water conservation minded and that there could be
different standards for types of landscaping. He stated he did not think that the lower target would
either promote or discourage growth.
Councilmember Tharp asked if the 185 gallon target would be followed if a "prudent amount" of
storage would be built for drought years. Smith replied in the affirmative.
Councilmember Weitkunat asked how often a water supply and demand management policy was
done. Smith stated the policy should be reviewed every 5 to 10 years.
Councilmember Weitkunat asked if the policy could be adjusted. Smith stated adjustments could
be done at any time.
Councilmember Weitkunat stated her understanding had been that there was a direct correlation
between the gallons consumed per day and the future growth and development of storage capacity.
She stated the Water Board's recommendation regarding the 195 target was accepted without
question and that staff had not presented arguments against that recommendation. She asked about
staff s opinion regarding the 185/195 targets. Smith stated capacity numbers were related to each
target. He stated staff was surprised at the Water Board's recommendation to set a target of 195
gallons.
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September 16, 2003
Mayor Martinez asked if staff disagreed with the Water Board's recommendation. Smith stated staff
would make the 195 policy work, if that was Council's direction. He stated staff had initially
recommended a target of 185 because they believed that it was an attainable goal.
Councilmember Bertschy stated at the study session some of the Councilmembers objected to the
Water Board's recommendation of 195 and agreed with staff that 185 was an attainable goal. He
stated he would not support a target of 195 and would propose an amendment to change the target
to the original staff recommendation of 185.
Councilmember Roy made a motion, seconded by Councilmember Hamrick, to adopt Resolution
2003-104 as amended to change figures for the gallons per day to 185, the average gallons per day
to 475 and the storage capacity to 12,500 and 14,000.
Councilmember Kastein offered a friendly amendment to Section 1(c) to include the option for
discussion of a flat rate structure.
Councilmember Roy stated he would not accept that as a friendly amendment.
City Manager Fischbach stated the options listed were examples and that he believed that the flat
rate structure was an option that would be discussed.
Councilmember Kastein stated all examples should be listed.
Councilmember Kastein made a motion,seconded by Councilmember W eitkunat,to amend the main
motion to amend Section 1(c)(4) to include a discussion of a flat rate structure.
Councilmember Weitkunat stated it is important to put all options on the table for discussion and
that the Water Board had recommended discussing the flat rate option.
Councilmember Roy pointed out that the Water Board recommended that the water should not be
fluoridated and that the majority of the Council were against the Board's recommendation.
Councilmember Bertschy stated he would support the policy as written and that he did not see a
need to add more examples to the Exhibit.
Councilmember Tharp stated she would support listing the flat rate structure as an option to be
discussed. She stated she preferred the tiered rate with some adjustments but that the flat rate issue
could be debated.
Councilmember Kastein stated for the record that he supported tiered water structures with water
budgeting and that if the two were not to be done together,he would support going back to a flat rate
structure.
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September 16, 2003
The vote on the Councilmember Kastein's motion to amend the motion was as follows: Yeas:
Councilmembers Kastein, Martinez, Tharp and Weitkunat. Nays: Councilmembers Bertschy,
Hamrick and Roy.
THE MOTION CARRIED
Councilmember Kastein stated new information had been presented to show that for a NEPA study
to take place for Halligan Reservoir, the City must demonstrate more aggressive demand
management. He stated he would support the 185 gallon target.
Councilmember Weitkunat stated it is important that the policy followed. She stated the intent is
not to curb the amount of storage that will be built. She stated the citizens had consistently
conserved water. She supported looking at regional storage solutions.
The vote on the main motion as amended was as follows: Yeas Councilmembers Bertschy,
Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Resolution 2003-105
Stating the Intent of the City to Conduct its Development Review
Process in a Politically Neutral Manner as to Growth Adopted
The following is staffs memorandum on this item.
"Executive Summary
This is a resolution clarifying the City's intent for the development review process to be policy-
neutral as to growth. The resolution would apply to actions of City staff, the City Council and all
Boards and Commissions.
BACKGROUND:
A recently drafted study, Quality Improvement Plans for the Development Review Process,
commissioned by the City of Fort Collins, suggests that there is a need to adopt a clear policy
related to thefunction ofthe City's development reviewprocess. The study specifically recommends
that the development review process "should be policy-neutral, that is, the process itselfshould not
be used to slow down development depending upon attitudes about growth,' 'slow growth,'or no
growth.' Growth issues, if desired, should be dealt with by the City Council and adopted as clear
public policy."
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September 16, 2003
The proposed resolution clarifies the Council's intentions and reduces the perception that the
development review process is used as a process to promote,prohibit or inhibit growth. "
City Manager Fischbach introduced the agenda item.
Cameron Gloss, Director of Current Planning, presented background information regarding the
agenda item. He stated complaints and comments had been received from the development
community and citizens that the development review process suffered from a lack of clarity,
predictability and accountability. He stated in some cases this may have resulted in unnecessary
delays in the processing of development applications and the addition of unnecessary costs. He
stated several Council candidates identified this as a major issue during the April election. He stated
the City Council had placed this issue as its top priority in the 2003-2005 policy agenda under the
category of land use plans. He stated the nation's leading consultant on municipal development
review (Zucker Systems)was hired to develop a study entitled"Quality Improvement Plans for the
Development Review Process." He stated the study made 54 recommendations and suggests some
prioritization of those recommendations. He stated none of the recommendations will result in a
lessening of the City's standards and that the recommendations focus on ways to make the process
less painful and costly. He stated the study categorized seven recommendations as the key priorities.
He stated one relates to the perception expressed by some, that the development review process is
being used as a tool to manage growth. He stated the study specifically recommended that the
development review process"should be policy neutral"and that it should not be used to slow down
development,depending on attitudes about growth, slow growth or no growth. He stated the study
recommended that growth policies should be adopted as clear public policy. He stated the proposed
Resolution will clarify the Council's intentions and attempts to address the perception that the
development review process could be used to promote, prohibit or inhibit growth. He stated staff
will be following this action with the implementation of remaining operational and process
improvements outlined in the Zucker study. He stated of the top seven major changes that staff had
received concurrence from the development community to enact three of the following changes: (1)
to change the level of engineering required before a project could be scheduled for public hearing;
(2) to reduce the amount of time that the City has development plans in its possession during each
cycle of review; and (3) to focus on problem solving during interdepartmental meetings in order
to create more predictability. He stated in addition to these immediate changes that staff has placed
the remainder of the changes into two different time frames. He stated the first would be
approximately January of 2004 and the second would be June of 2004. He stated those dates
roughly coincide with the spring and fall Land Use Code changes. He stated the City Council
Development Review Committee will be given periodic progress reports on the status and a"report
card" on turnaround regarding developments. He stated presentations had been given to the City
Council Committee and to the Chamber of Commerce.
Bill Carson, High Tech Network, spoke regarding the need to bring in companies that will provide
primary jobs and reflect the quality of life requirements of the community. He stated the
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development review process is key in bringing such companies to the community and that he
supported the Resolution.
Kelly Ohlson, 2040 Bennington Circle, stated he did not believe that the development review
process had been used to slow the development process or increase development costs. He stated
he had no problem with adoption of a growth neutral policy because he had concerns that the City
had not been growth neutral. He stated he had not heard of the three proposed changes that the
development community had been asked to review and approve and that this did not show a growth
neutral position on the part of the City. He stated the City was"expansionist'in the Resolution and
the earlier statements made by staff. He stated the citizen viewpoint should have been heard in those
three changes. He stated the development review process should be smooth, easy, consistent and
predictable if people were following the process and rules. He stated the process needed to look out
for the public interests. He stated he hoped that the organization would get to a neutral position and
that the Resolution will not be used to promote growth.
David May, Fort Collins Chamber of Commerce, stated the Chamber supported adoption of the
Resolution. He stated the development review process had been politicized and that it did not work
well and was costly. He stated the State Demographer had projected that growth in this community
will be slower than statewide growth.
Andrew Manriquez, 628 East Elizabeth, questioned the need for the Resolution and stated his
observation was that anything proposed to the City should be non-political. He stated he had a
question about whether there was a vision for the City and whether or not the City would be built-
out at some point. He asked if the question was how fast the City got there or if the City would get
there at all. He stated the question of rate of growth toward the build-out goal should be submitted
to the citizens.
Councilmember Roy asked to see the additional staff presentation that had been made to the Council
Committee and the Chamber of Commerce. Gloss stated for the record that the study was
distributed to the Planning and Zoning Board, Natural Resources Advisory Board, Air Quality
Advisory Board, a series of stakeholder groups, and many individuals who participated in the
process. He stated significant comments had not been heard with regard to the three implementation
measures.
Mayor Martinez stated Council would be voting on the Resolution rather than the implementation
points. City Manager Fischbach stated a four-member Council Committee had already heard the
additional presentation. Gloss gave the presentation regarding the Zucker report that had been given
to the Council Committee.
Councilmember Hamrick asked how the Resolution will be enforced and communicated to the staff.
City Manager Fischbach stated he would communicate the Resolution to the staff and that the staff
had already resoundingly accepted the recommendations of the report and is already enthusiastically
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implementing some of the changes. He stated enforcement will be through holding staff accountable
to performance standards. He stated the Council and the Boards and Commissions will be
responsible for enforcing the Resolution as far as their own actions.
Councilmember Hamrick asked if staff already has the ability or clear direction to enforce growth
neutrality. City Manager Fischbach stated he did not believe that the development review process
was as "broken" as some people have said it was and that this was reflected in the Zucker report.
Councilmember Hamrick stated he agreed with the City Manager's statement. He asked about the
effect of using the development review process to speed up or slow down growth i.e., with regard
to the Lifestyle Center on Harmony, whether anything that was done outside of the ordinary would
be classified as promoting growth. City Manager Fischbach stated there were fast track processes
in the development review process and that was consistent with the Lifestyle Center.
Mayor Martinez stated the Resolution is clear and asks for neutrality. He stated he viewed the
Resolution as making a public commitment to growth neutrality to eliminate perceptions that the
development review policy can be used to promote, prohibit or inhibit growth. City Manager
Fischbach stated his staff will always do everything required to adequately review every application
regardless of the time required.
Councilmember Tharp stated the intent is to deal with perceptions. She stated the development
review process is a"staff process"and that she did not believe that Council participated at any point
in the development review process.
Councilmember Weitkunat commented that an outside person looked at the development review
process and that it came to that person's attention that the City might not be"policy neutral"and that
the process was used to either slow or enhance growth. She stated the process included staff,boards
and commissions, and Council, if developments were appealed. She stated she saw no harm in
reaffirming that the City wants to be growth neutral in the development review process. She stated
codes and rules should be followed.
Councilmember Bertschy made a motion, seconded by Councilmember Tharp,to adopt Resolution
2003-105.
Councilmembers Hamrick proposed a friendly amendment to the Resolution to strike out from the
fourth WHEREAS clause the word "prohibit" and to strike out the word "prohibition" from the
enactment clause.
Councilmember Bertschy accepted the friendly amendment. Councilmember Tharp stated she
would not accept the friendly amendment.
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Councilmember Kastein stated the Resolution states that the City wants to remove inefficiencies
from the process and to eliminate unrealistic expectations regarding the process. He stated he would
support the motion.
Councilmember Hamrick stated he saw this as a"fluff'Resolution based on perceptions. He stated
he saw no harm in the Resolution but did not see it as being very useful.
Councilmember Tharp stated it was important to deal with perceptions that"somehow Council gets
in the way of the development process." She stated making this statement was a good idea to deal
with the perceptions.
Councilmember Weitkunat stated the Resolution will reaffirm that the Council and the Boards and
Commissions will follow a growth neutral policy.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Fossil Creek Trail Options Through
Paragon Point Subdivision.
The following is staff s memorandum on this item.
"Executive Summary
On September 2, 2003, City Council held a public hearing to obtain input on the location of the
Fossil Creek Trail through Paragon Point.
Paragon Point residents, trail users and the general public spoke to Council about the possible
routes for the trail. Two possible trail options were discussed, and a third option was mentioned.
SeeAttachment A. Since the hearing, staffhas reassessed the third option and it is also summarized
below for Council's consideration.
TRAIL LOCATION SUMMARY-PROS AND CONS
Paragon Safety Trail User Private Park/ Affected Lemay to
Point Concerns Support Open Space Homes Trilby Cost
Support Access/Liability Adjacent to
Issues Trail
Current Trail No User Yes Yes 7 $140,000*
Location Conflicts
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September 16, 2003
Lemay/Trilby, Yes Street No No 20 $195,000
Trail Location Crossings
Policy Plan .No User Yes Yes 14** $275,000
Trail Location Conflicts/
high banks
*Plus City share ofprevious maintenance costs. Does not include possible legal costs
**Also impact to golf coarse
Current Trail Location:
The Paragon Point Overall Development Plan, approved by the City in 1992, shows the City's
Fossil Creek Trail going through the development. It was the intent of the developer and the City
that the trail be in that location.
Concerns were expressed about this trail location for the following reasons: it is not located in a
formal public easement; it has not been maintained by the City; it was not known to Paragon Point
homeowners; possible safety concerns for children going to the private park area;public use of
private park and open space; closeness to homes; and cost for the City to obtain an easement and
pay for previous maintenance. The trail location was not supported by the majority of the Paragon
Point residents.
Supporters of keeping the trail in its present location stated the route is off-street and safer, and a
more desirable route for the enjoyment of trail users. The present location was supported by the
Parks and Recreation Board, and the City has offered to mitigate neighborhood concerns.
Alternative Trail Location:
This route involves placing the trail along the east sidewalk of Lemay Avenue and widening the
sidewalk to help accommodate trail users. The trail would then be located along Trilby Road in a
75 foot wide easement north of the road.
The main concern about this location is safety because ofvehicle speeds on Lemay and Trilby Roads
and the additional street crossings.
This alternative route is supported by the majority of the Paragon Point residents. They claim that
the cost would be less than the current route, and the Paragon Point Association would be willing
to grant the necessary easements.for the alternative location.
Parks and Recreation Policy Plan Trail Location:
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September 16, 2003
The 1996 Parks and Recreation Policy Plan shows the Fossil Creek Trail being located from Lemay
Avenue east along the south edge ofSouthridge Golf Course to Fossil Creekand then south, through
the Paragon Point Open Space, along the creek to Trilby Road.
This route has not been extensively reviewed but was mentioned by the Paragon Point
representatives as the route people would have seen if looking for a map of the proposed trail
system. The Parks and Recreation Board expressed some interest in this route at its March 26, 2003
Board meeting. The Paragon Point Association has expressed opposition to this route because of
the impact on the neighborhood's private soccerfield and open space. Initial field review indicates
that this route would severely impact the thirteenth fairway at Southridge Golf Course, and it would
be extremely difficult and costly to mitigate the effect on adjacent Paragon Point property owners.
FINANCIAL IMPACT
The City previously paid $40,000 to widen the trail during development of Paragon Point.
Additional trail construction and improvements would befunded by the Conservation Trust Fund.
The estimated cost to leave the trail in its present location is about $70,000 (excluding any legal
costs). This would include costs for acquiring the remaining portion of the trail easement, work to
adjust the trail away from six homes, completion of the trail to Trilby Road, additional landscaping,
fencing and signs. Previous maintenance costs performed on the trail by the Paragon Point HOA
may also need to be reimbursed by the City if the City negotiates an agreement with the property
owners. The cost to widen the sidewalk along LemayAvenue from the trail underpass to where this
current trail leaves Lemay Avenue is estimated to be$70,000. The total cost of this alignment from
the trail underpass to Trilby Road would be about $140,000.
The estimated construction cost to place the trail along Lemay Avenue, south of the current trail
location and along Trilby Road is about $145,000. This would include costs for widening the
sidewalk along Lemay Avenue, the new section of trail along Trilby Road, additional landscaping,
fencing and signs. A $20,000 repay from the Paragon Point HOA (which was part ofa previously
negotiated agreement) would adjust the cost downward to about $125,000. The cost to widen the
sidewalk north ofthis location along Lemay Avenue would be about$70,000. The total cost for this
alternative location from the trail underpass to Trilby Road would be about $195,000.
The cost for the trail location along SouthRidge Golf Course and south to Trilby Road, shown in the
Parks and Recreation Policy Plan, would be about$275,000. This cost would include earthwork,
concrete trail,fencing, landscaping, trail bridge, and mitigation. "
City Manager Fischbach introduced the agenda item.
Craig Foreman, Manager of Parks Planning and Development, presented background information
regarding the agenda item. He showed visual information regarding the proposed trail alignments
and stated the Parks and Recreation Policy Plan route had been added to the slides.
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Melissa Collins, 1130 Pheasant Drive,asked that Council not consider the option of locating the trail
along SouthRidge golf course. She stated 14 homeowners will be impacted by that trail route. She
stated the issue is the proposed barricades.
Daryl Knoblock, 721 Roma Valley Drive, spoke regarding bicycle safety issues of the bike route
adjacent to Lemay Avenue. He presented a petition from the neighborhood that opposed the
location of the bike trail along Lemay or Trilby and asked that the option with the shortest route
along those two streets be selected. He stated the petition requested that the decision regarding the
trail route be delayed until other potential alternatives could be investigated. He requested that the
Council adopt the trail alternative along the golf course, delay the vote to allow more time to
investigate other options or adopt a modified alternative that did not require easements through
Paragon Point.
Richard McGowen, 1013 Belvedere, thanked staff for looking into the third alternative. He spoke
regarding safety issues and the petition effort regarding the trail route.
Mary Turner, board of directors of the Paragon Point Community Estates Association, stated this
is a complex issues relating to costs, liabilities, safety, fairness and the legal status of the land in
question. She stated there were misconceptions regarding the affected homes along the adjacent trail
and that the staff memo implied that the Lemay/Trilby trail location was less desirable because of
a greater number of homes affected. She stated the number of homes affected was a poor measure
and that the level of impact should be considered. She presented photos to illustrate her argument
that the level of impact will be greater on the seven Paragon Point homes than on the 20 homes
along Lemay and Trilby. She stated the City is planning street improvements that would mitigate
bicycle safety concerns at Lemay intersections.
Joel Lamer,board of directors of the Paragon Point Community Estates Association, continued the
presentation of visual information in opposition to the Paragon Estates trail option. He stated the
City had asserted that it had rights for the planned trail through the Paragon Point neighborhood and
that there is now new information about the trail route proposed by the City in the Parks and
Recreation Policy Plan. He stated this brought into question the City's assertion of rights regarding
the Paragon Point trail. He stated new financial information is now available and that rerouting the
trail as proposed will add approximately $30,000 to the cost to reroute irrigation equipment. He
stated the landscape manager had to drive to the Association's pump system multiple times per week
to manage the Association's irrigation system and that there will be no way to mitigate that. He
stated acquisition of an easement through Paragon Point by condemnation will require the City to
pay for the value of the land and the value of the improvements on the land. He stated the clear
alternative is to take the trail through the alternate route offered by Paragon Point.
Bob Osmundson,past President of the Paragon Point Homeowner's Association,spoke in opposition
to alternative#3 through the golf course, Fossil Creek and Paragon Point. He stated 14 properties
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that paid premium prices to back up to the golf course would be devalued by the placement of a net.
He stated the third option would be a more costly alternative.
Patrick Mahoney, 720 Roma Valley Drive, stated he preferred the proposed trail through Paragon
Point and away from roads. He expressed concerns regarding the relocation of a bicycle/pedestrian
path to a location along two major arterial roads. He stated over 200 signatures were collected on
a petition requesting that the Council attempt to locate the shared use trail away from major arterial
roads because of safety issues. He stated a trail away from major traffic was more attractive to
users. He asked for selection of a trail route that would stay away from Lemay as much as possible.
Michael McGrath,bicyclist, stated national guidelines advised against having bike trails parallel to
major roads due to safety issues at intersections.
Earnie Pettit, Paragon Point resident, stated the illustration showing the third alternative did not
show the paths to SouthRidge Greens that would be crossed by the bike trail.
Mayor Martinez asked about the SouthRidge Golf Course trail route planned by the City since 1996.
Foreman stated route appeared on the 1996 Policy Plan map, which was subject to change.
Councilmember Weitkunat asked about the distance down Lemay and Trilby and across Paragon
Point. Foreman stated there would be 1,700 feet on Lemay, 1,200 feet to Trilby, and 1,900 feet
along Trilby. He stated the Policy Plan route would involve 1,400 feet and the distance to the
Paragon Point open space would be 2,500 feet.
Councilmember Weitkunat asked for clarification regarding the trail alignment and pedestrian
crossings. Foreman described the route.
Councilmember Weitkunat asked if any trails in the City ran 1,700 feet along an arterial. Foreman
stated a section on Shields ran about 1/4 mile.
Councilmember Bertschy asked if the tunnel under Lemay was completed. Foreman replied in the
affirmative.
Councilmember Bertschy asked if there is a stoplight at the first intersection. Foreman replied that
there is a stoplight at Pheasant Drive.
Councilmember Bertschy asked about traffic controls at the other intersections. Foreman described
the intersections.
Councilmember Bertschy asked if the trail would remain in the current location if the plan would
be to move the trail away from the backs of homes. Foreman replied in the affirmative and stated
the trail would be moved several feet to as much as 20 feet.
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Councilmember Bertschy asked if there were other circumstances where trails crossed intersections
without signalization. Foreman stated there was one situation on the Spring Creek trail east of
College Avenue at Mathews Street that has a stop sign for the trail user and that there was another
situation on the Spring Creek trail at Welch Street at the west end of Edora Park.
Councilmember Bertschy asked about the safety perspective with the northern route through
SouthRidge golf course if a netting fence was be required. Foreman stated the netting fence would
provide protection from horizontally hit golf balls hitting people on the trail.
Mayor Martinez asked if the net would be higher than eight feet. Foreman stated horizontal
protection was desired for the trail users.
Mayor Martinez asked if the 1996 Policy Plan map had been changed. Foreman stated it would have
to be changed by the City Council.
Mayor Martinez asked if the third trail route crossed paths to the golf course. Foreman stated the
path will have to be identified as a private residential path for Paragon Point users only.
("Secretary's Note: The Council took a brief recess at this point.)
Councilmember Roy asked when the homes were built in the Paragon Point area. Foreman stated
that homes were built after 1992.
Councilmember Roy asked when the homes were built near the existing trail. Foreman stated those
homes were built after 1994.
Councilmember Roy asked if Council was bound to the 1996 Policy Plan map showing the proposed
trail location. City Attorney Roy stated it was a plan and that he did not believe that the Council was
bound by it.
Councilmember Kastein asked when the sidewalk was constructed. Foreman stated the sidewalk
was constructed between 1993 to 1997.
Councilmember Kastein asked why the trail plan was included in the 1996 Policy Plan. Foreman
stated it could have been a mistake.
Councilmember Kastein asked about safety issues relating to bikes crossing intersections where
vehicles would be making left turns. Foreman stated it is always preferred to have a trail away from
streets. He stated if a section of trail must follow a sidewalk that there should be as much visibility
at intersections as possible.
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Councilmember Kastein asked ifthese are the three most plausible trail locations or if there are other
options to be examined. Foreman stated these are the three effective options.
Councilmember Hamrick asked about the impact on the golf course of placing the trail north of the
homes. Foreman stated there would be hazards of golf balls hit into the trail area and that the golf
course has indicated that they will make it work, if that route is selected.
Councilmember Hamrick asked about the impact to golfers. Foreman stated the golfers would likely
need to be more aware of who was on the trail before teeing off.
Councilmember Hamrick asked how long the trail at the existing location had been proposed.
Foreman stated this had been the public trail alignment since the City partnered to widen the trail
in 1992-1994.
Mayor Martinez questioned why the policy maps in 1996 and 1999 did not show this location.
Foreman stated the policy maps showed the alignment on a policy level and that working through
the development process put the trail at the proposed location.
Mayor Martinez asked if the public relied on the policy maps. Foreman replied in the affirmative.
Councilmember Tharp asked about the existing trail route and use as a trail. Foreman stated a five-
foot sidewalk was developed when Lemay was first put into the Paragon Point process. He stated
the sidewalk would be widened.
Councilmember Tharp stated there are safety concerns with the route along Lemay and that she
would have preferred that the other route was considered from the beginning. Foreman stated this
route showed up on the Overall Development Plan during the development process and that it did
not match the Policy Plan map.
Councilmember Hamrick made a motion, seconded by Councilmember Bertschy, to direct staff to
keep the trail alignment through Paragon Point in its present location using whatever legal means
are necessary.
Councilmember Kastein stated he was not comfortable with any of the solutions. He stated details
involved with the proposed routes are hard to deal with at the Council level. He stated each
proposed trail location has its own problems. He stated any of the routes could be made to work.
He asked if it would be worth asking staff to work out the details so that the Council could support
the current location with some mitigation measures.
Councilmember Hamrick stated there is a great deal of discomfort with any of the options. He stated
Council must be clear in its direction to staff so that staff will not have to come back to Council for
further guidance. He stated he believed that staff and the neighborhood needed to hear a clear
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statement of Council's intent. He stated he saw this as a"no win" situation. He stated he made the
motion because the trail has been in its present location for the entire time the neighborhood has
been in existence. He stated there are safety issues with the other location and that the existing trail
is preferred. He stated the citizens of Fort Collins wanted a bike trail and that those concerns must
be balanced with the neighborhood concerns.
Councilmember Bertschy stated he would support moving ahead on the motion. He stated the Parks
and Recreation Board had considered the issue twice and had come to the same conclusion. He
stated the trail was originally intended to be in this location and that the City worked out an
arrangement with the developer to pay$40,000 toward the trail. He stated mitigation will be done
and that there is no perfect solution to having a trail in this section of the City. He stated the trail
will benefit the vast majority of citizens and that he believed Council should give direction at this
time. He stated if the northern route is considered, the Golf Board should review the matter.
Councilmember Tharp stated it seemed that it would be better in the long run to have the trail
through the open space because of safety issues. She stated her first inclination was to keep the trail
where it is and that she felt that there is a dilemma on how to proceed.
Mayor Martinez expressed concern that the existing trail did not follow the 1996 and 1999 policy
maps relied upon by the public. He stated staff did a good job of trying to negotiate something
neutral to avoid affecting homeowners. He stated he believed that the route along Lemay will be
safe because it is back far enough from the road. He stated condemnation would be required if the
route through Paragon Point was forced. He stated it had not been the practice of the City to
condemn land for a trail, especially when it was not on the map or on the plat and the people who
bought property relied upon that. He stated he thought that staff had negotiated a reasonable
solution that works, is financially prudent, is acceptable to the owners and ensures connectivity of
the trails. He stated this is not a case of a wealthy neighborhood getting its way regarding relocation
of the trail. He stated if the City had a recorded easement the trail would be left where it is. He
stated he thought that it was commendable to try to find an alternative to "bulldozing" the way
through the neighborhood.
Councilmember Tharp asked what the alternative would be.
Mayor Martinez stated he would prefer to run the trail along Lemay and near Trilby or along the golf
course. He stated the solution might be to delay the decision and bring the neighborhoods together
to make a decision in a community setting about what might work best for everyone.
Councilmember Roy stated he would support the motion. He stated it is up to the Council to make
policy decisions and that Council's responsibility is to all of the citizens of Fort Collins. He stated
there would be a tremendous price difference in the options, that this issue had been discussed by
the Council for over a year, and that the Council is being asked to make a decision regarding the trail
location. He stated people who bought homes at this site knew that this was a trail that would be
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owned by the City. He stated there will be some cost and disappointment regardless of the route
selected. He stated the current trail alignment makes the best sense financially and that it makes the
best sense for the majority of citizens.
Mayor Martinez stated staff had demonstrated that it will be more cost effective to go around than
to go through the neighborhood.
Councilmember Roy stated he disagreed. He stated he believed that the dollar differences are
significantly in favor of the current trail alignment.
Mayor Martinez asked about staffs memo regarding cost effectiveness. Foreman stated the agenda
item summary indicated that the current alignment will cost about $110,000 and that the alternate
route Lemay will cost about$145,000. He stated Paragon Point plans to give the City back $20,000
for the alternate location.
Mayor Martinez noted that there will be legal fees for condemnation. Foreman replied in the
affirmative.
Councilmember Weitkunat stated this has been a difficult issue. She stated it was the intent in 1992
that this would be the trail route, that the City later paid $40,000 to widen the trail, and that
everything indicated that this would be a public trail. She stated human error is a factor in what
happened because the appropriate documentation was not done. She stated the"lesser of the evils"
was to follow Lemay and Trilby and that she could not see placing the trail in "someone else's
backyard along the golf course." She stated are were other locations in the City where a trail
parallels an arterial. She stated there would be some mitigation through widening the trail. She
stated she would not support the motion.
Councilmember Kastein stated the problem with running the trail along Lemay and Trilby is having
to cross four intersections that have left turns. He asked how staff will interpret the language of the
motion which stated staff is to pursue the matter"using whatever legal means are necessary" and
asked how that would be balanced with cost. City Attorney Roy stated there would be a certain
amount of judgment and decision-making during the process as to what legal theories to pursue. He
stated the alternatives had been discussed publically and that those included the City's theory of
"infonnal dedication" and the City's power of eminent domain.
Councilmember Kastein asked if staff would consider the wording of the motion to mean that staff
is directed to "find a solution no matter what" and regardless of the cost that might be involved.
City Attorney Roy stated he would consider the passage of the motion to give staff the direction to
obtain or clarify the legal right to have the trail be open to the public in perpetuity in its present
location. He stated he would stay in touch with the Council and the City Manager with regard to
the potential costs of accomplishing that.
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Councilmember Tharp stated she was disappointed that the City Manager did not give the third
option to the Council earlier. She stated it was almost too late to add that option into the
discussions. She stated Council was presented with a tough choice. She stated she preferred the
trail where it exists as opposed to the Lemay/Trilby route but that if the other option had been on
the table at the beginnings she would probably have pursued that option more aggressively. She
stated the third option could be considered only at the cost of delaying the whole issue again.
Mayor Martinez stated he would not support the motion. He stated the policy maps and the plat
seemed to support the homeowners' argument that the City had abandoned the idea of the trail at
that location. He stated if the City had obtained a written easement, the trail would be left where
it is.
The vote on the motion was as follows: Yeas Councilmembers Bertschy,Hamrick,Roy and Tharp.
Nays Councilmembers Kastein, Martinez and Weitkunat.
THE MOTION CARRIED
Mayor Martinez stated the pulled Consent Calendar Items would not be considered due to the time
and that they would be carried over to the next meeting unless there was a motion to continue the
meeting until 11:00 p.m.
City Manager Fischbach stated Pulled Consent Calendar item#14 First Reading of Ordinance No.
129, 2003, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning
Classification for that Certain Property Known as the Vineyard Rezoning would be the first
discussion item at the next meeting.
Adjournment
The meeting adjourned at 10:50 p.m.
Mayor
ATTEST:
City Clerk
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October 7, 2003
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,October 7, 2003,
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: Bertschy, Hamrick, Martinez, Roy, Tharp and Weitkunat.
Councilmembers Absent: Kastein.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Bruce Henderson, Transportation Board Chairman, spoke regarding Pedestrian Month and
commented regarding pedestrian safety.
Dian Sparling,324 Jackson Avenue,requested a moratorium on alley houses and further evaluation
of rules, regulations and guidelines regarding alley houses. She spoke regarding problems she had
observed in her area with regard to alley houses.
Phil Friedman,201 South Grant Avenue, supported an alley house moratorium and stated that alley
houses and in-fill development have contributed to an unplanned increase in density and congestion
as well as changes in neighborhood character and a burden on aging infrastructure.
George Hoffinann, 1101 Valley Oak Court, expressed concerns regarding the anti-business climate
that exists and permeates the community. He stated that the City Manager should go due to various
problems in the City. He also spoke regarding the coffee shop meetings of Councilmembers that was
recently reported in the newspaper.
Megan Flanagan, 617 West Myrtle Street,spoke regarding alley houses and the need to ensure that
in-fill developments are done appropriately and are compatible with existing neighborhoods such
as the historic Old Town neighborhood. She asked for guidelines to ensure architectural
compatibility with surrounding development.
Tim Vaughan, 123 South Sherwood Street, supported a moratorium on alley houses until standards
are put into place.
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Citizen Participation Follow-up
Councilmember Bertschy asked if the Pedestrian Plan is part of the Master Street Plan. City
Manager Fischbach stated that it is a separate plan. He stated that he would possibly be requesting
more information on the Pedestrian Plan.
Councilmember Bertschy stated that he had strong feelings about the alley house issue. He stated
that this is not an anti-development issue. He stated that he supports the downtown plan which calls
for in-fill development. He stated that he believes that stronger standards regarding alley houses are
needed. He stated that he intended to pursue the alley house issue.
Councilmember Weitkunat stated that she is concerned about requests for a"moratorium"on alley
houses. She stated that she would support looking at the issue and would like an analysis of the
number of alley houses and the problems that have been created. She supported researching the
matter and gathering information in the older part of the City to determine how many properties
could be and have been affected.
Councilmember Tharp suggested that an alley tour be arranged for the Council and stated that she
would like to see an analysis that looked at the guidelines for alley houses and the variances that
were allowed for multiple housing units.
Councilmember Roy stated that the downtown and Old Town are prime for changes and that he
supported density and in-fill. He stated that the issue is creation of standards for how residential
development within the neighborhoods will change. He stated that the issues are the protection of
neighborhoods and changes to the core area of downtown.
Mayor Martinez supported a review of the standards. He stated that it was unusual to ask for a
moratorium in a Soapbox article in the newspaper as had been done in this case. He stated that he
would not support misusing the moratorium authority and that a review of the codes is the best way
to proceed.
Councilmember Bertschy stated that his Soapbox article suggested a number of options and asked
a number of unanswered questions. He stated that this is a complex issue and that the newspaper
made the moratorium more of an issue than is intended. He stated that the City needs to proceed
cautiously and prudently on the issue. He stated that some analysis and more information is needed.
Mayor Martinez stated that he would like information from the City Attorney regarding what would
be required to have a moratorium.
Agenda Review
City Manager Fischbach stated that the agenda would stand as printed.
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October 7, 2003
CONSENT CALENDAR
7. Consideration and approval of the Council meeting minutes of August 19 2003
8. Postponement of Items Relating to the Peterson Annexation. until December 2 2003
A. Postponement of Second Reading of Ordinance No. 051, 2003, Annexing Property
Known as the Peterson Annexation to the City of Fort Collins,to December 2,2003.
B. Postponement of Second Reading of Ordinance No.052,2003,AmendingtheZoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Peterson Annexation, to December 2, 2003.
On April 1, 2003, Council unanimously adopted Resolution 2003-041, amending the
Structure Plan for the property known as the Peterson Annexation, and Council also
unanimously adopted Resolution 2003-042,setting forth findings of fact and determinations
regarding the Peterson Annexation. This is a request for a 100% voluntary annexation of
approximately 27.89 acres, located a half mile east of 1-25 and south of Vine Drive. This
requested zone district is Urban Estate.
On April 1, 2003, Council unanimously adopted Ordinance No. 051, 2003 and Ordinance
No. 052, 2003, annexing and zoning the property included in the Peterson Annexation.
Because there have been further delays in the final approval of this project,staff recommends
postponing Second Reading of these Ordinances to December 2, 2003.
9. Postponement of Items Relating to the Streamside Annexation until December 2 2003
A. Postponement of Second Reading of Ordinance No. 053, 2003, Annexing Property
Known as the Streamside Annexation to the City of Fort Collins, to December 2,
2003.
B. Postponement of Second Reading of Ordinance No.054,2003,Amending the Zoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Streamside Annexation, to December 2, 2003.
On April 1, 2003, Council unanimously adopted Resolution 2003-043, amending the
Structure Plan for the property known as the Streamside Annexation, and Council also
unanimously adopted Resolution 2003-044,setting forth findings of fact and determinations
regarding the Streamside Annexation. This is a request for a 100%voluntary annexation of
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October 7, 2003
approximately 73.67 acres,located just over half a mile east of I-25 and south of Vine Drive.
This requested zone district is Urban Estate.
On April 1, 2003, Council unanimously adopted Ordinance No. 053, 2003 and Ordinance
No. 054, 2003, annexing and zoning the property included in the Streamside Annexation.
Because there have been further delays in the final approval ofthis project,staff recommends
postponing Second Reading of these Ordinances to December 2, 2003.
10. Second ReadineofOrdinanceNo 098,2003 Authorizingthe Transferof a 15 1-acre Portion
of the Resource Recovery Farm from the Wastewater Utility to the Natural Areas Program
in Exchange for a Total Payment Amount of$1 890 306
In 2000,the City of Fort Collins Natural Areas program purchased 174-acres of the RR Farm
along with 3.6 shares of the Lake Canal water for the Running Deer Natural Area. In
discussion at the City Council study session regarding the draft I-25 Corridor Plan on August
27, 2002, there was general support for the City's Natural Areas program to purchase the
151-acre portion of the RR Fann from Utilities. This 151-acre transfer to the Natural Areas
program would include the 2.4 shares of Lake Canal water associated with this portion of the
RR Farm. This Ordinance, which was unanimously adopted on First Reading on July 1,
2003,authorizes the transfer of a 151-acre portion of the Resource Recovery Farm from the
Wastewater Utility to the Natural Areas Program.
11. Second Reading of Ordinance No. 127 2003 Appropriating Revenue in the Amount of
$186,000 to Install a Median on College Avenue at the Intersection of Lake Street
This Ordinance, which was unanimously adopted on First Reading on September 16, 2003,
appropriates funds to install a median on College Avenue at the Lake Street intersection.
12. Second Reading of Ordinance No. 128, 2003 Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary for the Construction of Public
Improvements in Connection with the Mason Transportation Corridor Trail Project
This Ordinance, which was unanimously adopted on First Reading on September 16, 2003,
does not automatically result in the filing of a petition in eminent domain; it simply allows
staff to use the process if good faith negotiations fail to result in an agreement between the
City and the affected property owners. Staff is hopeful that all acquisitions will be
accomplished by agreement. This process does not apply to the negotiations between the
City and BNSF; it would only apply to any private property owners along the corridor where
land may be needed permanently for the trail or just during the construction process.
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October 7, 2003
Due to recent design changes, the City has identified an additional area on Matmar FC
Partnership (Matmar) property that needs to be acquired for the completion of this project.
The number of property owners affected by this project is less than reported in the previous
Agenda Item Summary. Originally,staff believed ten property owners would be affected by
this project. However,subsequent title work has revealed that only four property owners are
actually affected.
13. Second Reading of Ordinance No. 130, 2003 Authorizing a Temporary Construction
Easement for Construction of a Water Line Across Portions of Fossil Creek Wetlands
Natural Area and Fossil Creek Reservoir Natural Area By Fort Collins-Loveland Water
District and Approving a Slope Restriction on Portions of Said Natural Areas to Protect Cit
Storm Drainage Improvements.
The Fort Collins-Loveland Water District (FCLWD) will be constructing a 30" diameter
water line in Timberline Road from Trilby to Carpenter. The City of Fort Collins
Stormwater Utility needs critical flood control box culverts installed in this location of
Timberline for public safety during 100-year storm events. The City and FCLWD are
constructing the improvements cooperatively under one contract to minimize cost and impact
to the public.
The Fort Collins-Loveland Water District will be installing a 30" diameter water line in
Timberline Road from Trilby to Carpenter, and continuing south to serve the new Larimer
County Event Center and the expanding facilities in the vicinityof the Fort Collins-Loveland
Airport. Through inter-agency coordination,the City Storinwater Utility will,in conjunction
with this project, install a large drainage crossing on Timberline at Fossil Creek consisting
of several box culverts to pass projected 100-year stormwater flows. These improvements
are adjacent to the Fossil Creek Wetlands Natural Area property on the west and to the Fossil
Creek Reservoir Natural Area on the east, adjacent Timberline Road. This Ordinance was
unanimously adopted on First Reading on September 16, 2003.
14. Second Reading of Ordinance No. 131, 2003, Vacating a Portion of Right-of-Way as
Dedicated on the Plat of Rigden Farm, Filing One.
The Rigden Farm development site is located south of Drake Road,east of Timberline Road
and west of Ziegler Road. As a part of Rigden Farm, Filing One, it was anticipated that an
unnamed street would extend northerly beyond Limon Drive between Rockford Drive and
Kansas Drive. The street stub for this anticipated street was dedicated with Rigden Farm,
Filing One. Rigden Farm, Ninth Filing Parkside Commons for which an Administrative
Hearing was held,on August 20, 2003, showing that the street stub is no longer needed and
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October 7, 2003
will be removed. This Ordinance was unanimously adopted on First Reading on September
16, 2003.
15. Second Reading of Ordinance No. 132, 2003, Vacating Portions of the Rig is-of-Way as
Dedicated on the Plat of 19th Green Planned Unit Development - Phase 1.
This site is located south of County Road 52, east of County Road 11 and north of Mountain
Vista Drive. It was a county development proposal that dedicated the streets as shown and
laid out on the 19th Green Planned Unit Development—Phase 1. Neither the streets nor the
development was built. The dedicated right-of-way was annexed into the City when the
parcel was annexed in 1983. An Administrative Hearing was held on April 24,2003,for the
Maple Hill development proposal,which shows a different street layout than was originally
platted. Therefore,the right-of-way for the streets are no longer necessary and are proposed
for vacation at this time. Ordinance No. 132, 2003, was unanimously adopted on First
Reading on September 16, 2003.
16. Second Reading of Ordinance No. 133, 2003, Amending Chapter 26 of the City Code
Related to Electric Transmission Facilities and Electric Service.
This Ordinance,which was unanimously adopted on First Reading on September 16, 2003,
revises Sections 26-411 and 26-412 of the Municipal Code to authorize non-City owned
electric transmission facilities (those not serving customers within the City)inside the City
limits following annexation to remain in place or be relocated into City rights-of-ways or
public utility easements under the same terms and conditions as other public utilities.
This Ordinance also revises Section 26-444 regarding transfer of customers after annexation.
The proposed change eliminates the 90-day limit on the period during which a non-City
owned utility may continue to serve its existing customers after annexation without a
franchise.
17. First Reading of Ordinance No. 134, 2003, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated
iated
Amounts Between Funds.
The purpose of the annual clean-up ordinance is to combine dedicated revenues or reserves
that need to be appropriated before the end of the year to cover the related expenses that were
not anticipated and, therefore not included in the 2003 budget. The unanticipated revenue
is primarily from fees, charges, rents, contributions and grants that have been paid to City
departments to offset specific expenses. Prior year reserves are primarily being appropriated
for unanticipated operation expenses from reserves that are set aside for that purpose.
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This Ordinance appropriates prior year reserves and unanticipated revenue in various City
funds,and authorizes the transfer of appropriated amounts between funds. The City Charter
permits the City Council to provide by ordinance for payment of any expense from prior year
reserves. The Charter also permits the City Council to appropriate unanticipated revenue
received as a result of rate or fee increases or new revenue sources. Additionally, it
authorizes the City Council to transfer any unexpended appropriated amounts from one fund
to another upon recommendation of the City Manager provided the purpose for which the
transferred funds are to be expended remains unchanged;or the purpose for which they were
initially appropriated no longer exists; or the proposed transfer is from a fund or capital
project account in which the amount appropriated exceeds the amount needed to accomplish
the purpose specified in the appropriation ordinance.
18. First Reading of Ordinance No 135 2003 Appropriating Unanticipated Grant Revenue In
the Equipment Fund and the General Fund for Congestion Mitigation and Air Quality
Projects and Authorizing the Transfer of Appropriations.
The City of Fort Collins was awarded a Congestion Mitigation and Air Quality (CMAQ)
grant in 2002. This money was originally appropriated into the North Front Range
Transportation & Air Quality Planning Council Fund (NFR) for the construction of a
compressed natural gas(CNG)fueling facility,a natural gas appliance and an emission repair
project. However,at the end of 2002,the contract with the NFR lapsed and the projects were
closed.
19. First Reading of Ordinance No. 136, 2003, Making Certain Appropriations Related to
Operating Expenses of the Metropolitan Planning Organization
The City of Fort Collins has served as the host organization for the North Front Range
Transportation and Air Quality Planning Organization("MPO")since 1987 when the MPO
began. The MPO consists of ten northern Colorado cities and towns, two counties, the
Colorado Transportation Commission, and the Colorado Air Quality Commission.
As the host organization,the City has advanced its funds on behalf of the MPO and member
organizations. When the MPO receives federal and state grant monies, it reimburses the
City. In 2003, the MPO has taken steps to become an independent organization. With the
independent status of the MPO, the monetary transactions between the two organizations
should be recognized more formally. Ordinance No. 136, 2003, appropriates prior year
reserve funds in the City's Transportation Fund to transfer to the MPO. The Ordinance also
appropriates the reimbursements that the MPO has made and expects to make to the City.
In 2003, the City expects that the transfers to the MPO will not exceed $2,100,000, the
amount of the appropriation from prior year reserves and unanticipated (at the time the
budget was adopted) revenue.
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20. First Reading_of Ordinance No. 137, 2003 Amending the Legal Description of the Jacoby
Farm Property and Authorizing the Sale of the Additional Seven Acres of Land to Larimer
County.
On September 3, 2002 City Council adopted Ordinance No. 117, 2002 authorizing the sale
of approximately 160 acres of the Jacoby Farm to Larimer County for the Open Lands
Program. The sale is about to be finalized and it was discovered through a land survey that
the legal description contained in the ordinance omitted a seven acre parcel. This Ordinance
corrects the situation and authorizes the sale of the seven acres. Since the seven acres were
included in the original appraisal of the Jacoby Farm, there is no additional compensation
due to the City. The closing for both parcels is scheduled to take place before the end of
2003.
21. First Readine of Ordinance No. 138, 2003, Amending the Zoning Map of the City of Fort
Collins by Amending the Zoning Classification for that Certain Property Known as the City
of Fort Collins Vehicle Storage and Operations Service Maintenance Facility Rezoning
This is a request to rezone three parcels of land at the northwest corner of Vine Drive and
Wood Street,just west of the existing City of Fort Collins Service Center. The property is
currently zoned POL — Public Open Lands and would be rezoned to E — Employment. A
total of 15.25 acres of land is included within the rezone requested. The parcel is designated
as E—Employment on the City of Fort Collins Structure Plan.
The site contains the City's Fleet Service Building and is also used for material storage. The
rezone will facilitate the expansion of the Fort Collins Service Center.
The rezoning request is consistent with the City of Fort Collins Structure Plan. This plan
represents the land north of Vine Drive, 1/4 mile east of Shields Street for Employment uses.
This designation includes the existing Service Center site.
22. First Reading of Ordinance No. 139, 2003, Amending Ordinance No 097 2003 Zoning
Property Known as the Swift Addition to the Fossil Lakes P.U.D. Annexation to Correct an
Error in the Legal Description Contained in Said Zoning Ordinance
On July 22,2003,City Council adopted Ordinance No.097,2003 amending the Zoning Map
of the City of Fort Collins and classifying for zoning purposes the property included in the
Swift Addition to the Fossil Lakes PUD Annexation.
A typographical error in the legal description contained in the zoning ordinance,resulting in
a faulty legal description. This Ordinance amends the original zoning ordinance by replacing
the incorrect legal description with an amended legal description.
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October 7, 2003
23. First Reading of Ordinance No. 140, 2003 Authorizing the Lease of Property at the Fort
Collins-Loveland Municipal Airport to Alliance Equipment Company LLC for the Storage
of Construction Equipment and Supplies
Alliance Equipment Company, LLC, wishes to lease two acres of Airport property for
outdoor storage of construction equipment and supplies. The Agreement is for a three-year
period,beginning November 1,2003. The ground lease is$.06 per square foot per year. The
lease contains adequate restrictions to prevent any incompatible land use related to Airport
operations. The Agreement will provide a new revenue source for the Airport. The Airport
has no financial obligations under this Agreement.
24. Resolution 2003-106 Amending the City's Structure Plan Map to Reflect the Changes
Contained in the 1-25 Subarea Plan
On August 19, 2003, the City Council adopted Resolution 2003-095 incorporating the I-25
Subarea Plan as an element of City Plan, the City's Comprehensive Plan. The 1-25 Subarea
Plan contained a Land Use Plan map which established a pattern of land uses for the 1-25
Subarea Plan's planning area. The I-25 Subarea Plan also contained a series of
"Implementation Strategies" one of which was to amend the City's Structure Plan map to
reflect the land use changes contained in the 1-25 Subarea Plan's Land Use Plan map. This
resolution will amend the City's Structure Plan Map to reflect the land use changes contained
in the 1-25 Subarea Plan's Land Use Plan map.
25. Resolution 2003-107 Authorizing the Lease of City-Owned Property at 812 North Shields
Street.
The City purchased this parcel of land, including house and out buildings, as part of the
Operations Services Master Plan. Staff recommends leasing this site until the improvements
included in the Master Plan are constructed to discourage vandalism and to lower City costs
to maintain the site.
The site had been leased for two years and that tenant has moved. Staff will be advertising
the property for rent in October. The lease will be in effect for one year and will give the
City the option to renew the lease for an additional year.
26. Resolution 2003-108 Authorizing the Lease of City-Owned Property at 110 North Howes
Street.
The City and the County purchased the property located at 110 North Howes Street as part
ofthe Block 31 purchases. Consistent with the Intergovernmental Agreement dividing Block
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October 7, 2003
31, the County's interest in this property was quit claimed to the City. The County's Risk
Management Department was the last occupant of this building and vacated the building two
years ago. This space, which is 693 square feet in size, has been considered for other City
users, but a current need has not been identified. Staff has shown the space to a private
business and negotiations are continuing. Staff recommends leasing this site until this area
of Block 31 is needed for future improvements.
27. Resolution 2003-109 Authorizingthe e Mayor to Enter Into an Intergovernmental Agreement
Concerning_the Northern Colorado Regional Communication Network
The City is currently a party to an Intergovernmental Agreement(IGA)dated December 1999
concerning 800 MHZ radio communications and the Northern Colorado Regional
Communication Network (NCRCN). This IGA between the City of Fort Collins, City of
Loveland,Poudre R-1 School District,Poudre Fire Authority and Northern Colorado Water
Conservancy District is in need of revision from the original agreement dated December
1999 due to the partnering of NCRCN with the State's Consolidated Communications
Network of Colorado(CCNC) this spring. The revisions eliminate Motorola as the System
Manager and provide for funding the ongoing maintenance or repair of the system as well
as for expansion and replacement.
Each entity will contribute funding based upon the number of subscriber units(radios)each
entity has on the NCRCN system. The funding cost per radio is approximately $50. The
following City departments have radios on the NCRCN system: Fort Collins Police Services
(398 radios);Transfort/Dial-a-Ride(70 radios);Natural Resources(3 radios); and Light and
Power(1 radio). Based upon the number of subscriber units Fort Collins has on the NCRCN
system, it is anticipated that the City's monetary contribution for the year 2004 will be
approximately$23,000.
This resolution would authorize the Mayor to execute an intergovernmental agreement
which sets forth the responsibility of each entity with regard to participation in the network
and authorizes the City Manager to execute any future amendments to the intergovernmental
agreement.
28. Resolution 2003-110 Establishing the Auditor Selection Process
The City Charter requires that the Council provide for an independent audit of the City's
financial records each year. The Colorado Revised Statutes and audit principles prescribe
that the audit should be managed by the legislative body of the governmental organization.
In applying these principles to the City, the Council should be responsible for the selection
of the auditor and the auditor should report to the Council throughout the process. This
resolution establishes the process, including references to the City's purchasing guidelines
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October 7, 2003
and procedures, that the Council will follow in selecting the auditor. In the past, the City
Council Finance Committee has served as the Audit Committee. For this selection process,
the Council Leadership Team will be serving as the Audit Committee.
29. Resolution 2003-111 Appointing Two Representatives to the Colorado Municipal League
Policy Committee.
The Fort Collins City Council recommends that Mayor Ray Martinez and City Manager John
F. Fischbach be appointed to represent the City of Fort Collins on the Colorado Municipal
League Policy Committee.
Appointments to the CML Policy Committee are made each fall and members serve for a
one-year period. Each member municipality of the League is entitled to a representative,and
all cities over 100,000 are entitled to designate two representatives.
The Policy Committee is responsible for reviewing legislative proposals and recommending
to the League Executive Board,positions of support,opposition,no position or amendment
to a wide variety of legislation affecting cities and towns.At each annual conference in June,
the Policy Committee proposes to the membership,revisions to the League's policies which
guide League positions on public policy issues affecting municipalities.
30. Routine Deeds.
A. Deed of dedication for easement for emergency access from Nadine and Bradley
Holter, located south of Horsetooth Road and west of College Avenue. Monetary
consideration: $10.
B. Deed of dedication for easement for public access and drainage from Nadine and
Bradley Holter, located south of Horsetooth Road and west of College Avenue.
Monetary consideration: $10.
C. Deed of dedication for easement for drainage easement from Nadine and Bradley
Holter, located south of Horsetooth Road and west of College Avenue. Monetary
consideration: $10.
D. Deed ofdedication foreasement forpublic access easement from Nadine and Bradley
Holter, located south of Horsetooth Road and west of College Avenue. Monetary
consideration: $10.
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October 7, 2003
E. Deed of dedication for easement for drainage easement from Nadine and Bradley
Holter, located south of Horsetooth Road and west of College Avenue. Monetary
consideration: $10.
F. Deed of easement to relocate existing electric oval vaults from Stephanie Mercurio-
Robb, located at 1717 West Mulberry Street. Monetary consideration: $588.
G. Easement forconstruction and maintenance of public utilities from Kyle E.Freestone
and Came J. Harrod, located at 319 Alpert. Monetary consideration: $200.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
10. Second Reading of Ordinance No.098,2003,Authorizing the Transfer of a 15 1-acre Portion
of the Resource Recovery Farm from the Wastewater Utility to the Natural Areas Program
in Exchange for a Total Payment Amount of$1,890,306.
11. Second Reading of Ordinance No. 127, 2003, Appropriating Revenue in the Amount of
$186,000 to Install a Median on College Avenue at the Intersection of Lake Street.
12. Second Reading of Ordinance No. 128, 2003, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary for the Construction of Public
Improvements in Connection with the Mason Transportation Corridor Trail Project.
13. Second Reading of Ordinance No. 130, 2003, Authorizing a Temporary Construction
Easement for Construction of a Water Line Across Portions of Fossil Creek Wetlands
Natural Area and Fossil Creek Reservoir Natural Area By Fort Collins-Loveland Water
District and Approving a Slope Restriction on Portions of Said Natural Areas to Protect City
Storm Drainage Improvements.
14. Second Reading of Ordinance No. 131, 2003, Vacating a Portion of Right-of-Way as
Dedicated on the Plat of Rigden Farm, Filing One.
15. Second Reading of Ordinance No. 132, 2003, Vacating Portions of the Rights-of-Way as
Dedicated on the Plat of 19th Green Planned Unit Development - Phase 1.
16. Second Reading of Ordinance No. 133, 2003, Amending Chapter 26 of the Cite
Related to Electric Transmission Facilities and Electric Service.
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October 7, 2003
Ordinances on First Reading were read by title by City Clerk Krajicek.
17. First Reading of Ordinance No. 134, 2003, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds.
18. First Reading of Ordinance No 135 2003 Appropriating Unanticipated Grant Revenue In
the Equipment Fund and the General Fund for Congestion Mitigation and Air Quality
Projects and Authorizing the Transfer of Appropriations.
19. First Reading of Ordinance No 136 2003 Making Certain Appropriations Related to
Operating Expenses of the Metropolitan Planning Organization.
20. First Reading of Ordinance No. 137, 2003 Amending the Legal Description of the Jacoby
Farm Property and Authorizing the Sale of the Additional Seven Acres of Land to Larimer
County.
21. First Reading of Ordinance No. 138, 2003 Amending the Zoning Map of the City of Fort
Collins by Amending the Zoning Classification for that Certain Property Known as the City
of Fort Collins Vehicle Storage and Operations Service Maintenance Facility Rezoning_
22. First Reading of Ordinance No. 139, 2003, Amending Ordinance No. 097 2003 Zoning
Property Known as the Swift Addition to the Fossil Lakes P.U.D. Annexation to Correct an
Error in the Legal Description Contained in Said Zoning Ordinance.
23. First Reading of Ordinance No. 140, 2003 Authorizing the Lease of Property at the Fort
Collins-Loveland Municipal Airport to Alliance Equipment Company LLC for the Storage
of Construction Equipment and Supplies.
34. First Reading of Ordinance No. 129, 2003, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Vineyard Rezoning,
Councilmember Tharp made a motion, seconded by Councilmember Weitkunat, to adopt and
approve all items on the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Hamrick, Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
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Consent Calendar Follow-up
Councilmember Bertschy spoke regarding item #28 Resolution 2003-I10 Establishing the Auditor
Selection Process.
Councilmember Tharp commented regarding item#10 Second Reading of Ordinance No. 098, 2003,
Authorizing the Transfer of a 1 SI-acre Portion of the Resource Recovery Farm from the Wastewater
Utility to the Natural Areas Program in Exchange fora Total Payment Amount of$1,890,306.
Councilmember Hamrick spoke regarding item #7 Consideration and approval of the Council
meeting minutes of August 19, 2003 and thanked the City Clerk for including the minutes in the
Council agenda packet.
Staff Reports
City Manager Fischbach reported stated that the Fort Collins Museum collaborated with Poudre
School District to host over 1,400 fourth grade students for the annual Fourth Grade Rendezvous.
He also reported that 40 participants in the National Trust for Historic Preservation convention
traveled to Fort Collins for a history site tour. He reported that the first annual inaugural golf
tournament"Driving for Dough"raised over$10,000 for the Youth Activities Center gym and that
the Anheuser Busch Foundation was also donating $50,000 to the effort.
Councilmember Reports
Councilmember Tharp reported on two Metropolitan Planning Organization meetings and stated that
a resolution was approved to allocate 2004 enhancement funds to a number of cities and Congestion
Mitigation Air Quality funds to a number of projects. She stated that the City received federal
monies in the amounts of$60,000 for the Smart Trips program, $552,000 for the transportation
demand management program, and $788,000 for the advanced traffic management system. She
reported that the Rural Transportation Authority Policy Committee brought together a group of
citizens to receive input on a Rural Transportation Authority, which could be established to create
a funding source for regional transportation issues.
Councilmember Roy reported on a meeting at Colorado State University that looked at the creation
of a landlord alliance that would police and create a resource for renters to use to ensure that
standards of quality for rentals would be maintained.
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Ordinance No. 129, 2003
Amending the Zoning Map of the City of Fort Collins
by Changing the Zoning Classification for that Certain
Property Known as the Vineyard Rezoning, Adopted on First Reading_
The following is staff s memorandum on this item.
"Executive Summary
This is a request to rezone a portion of a tract of land located at the northeast corner of East Vine
Drive andl-25. This parcel is 78.6 acres in size and is currently zoned I—Industrial. The proposed
rezoning would rezone the eastern 43.8 acres of land from Industrial to Urban Estate residential,
the remaining 34.8 acres of land adjacent to I-25 would remain zoned industrial. The parcel is
designated as part ofthe I-25 Special Corridor Study on the City offort Collins Structure Plan and
Urban Estate on the recently adopted I-25 Subarea Plan.
The rezoning request is consistent with the recently adopted I-25 Subarea Plan. This plan
designates the land 114 mile east of I-25, north of Vine Drive, as Urban Estate Residential. The
Urban Estate zone district permits up to two residential units/acre. Thepurpose ofthel-25 Subarea
Plan is to provide a mix of housing and employment uses along I-25, and provide a transition of
density and land use intensity from the area directly adjacent to I-25 to the rural character outside
of the City's Urban Growth Area in Larimer County.
FINDINGS and ANALYSIS
I. Background:
A. The surrounding zoning and land uses are as follows:
N: I,. Undeveloped
S: I/FAI (County); Undeveloped/Agriculture
E: FAI(County); Undeveloped/Agriculture
W: I; Undeveloped
The property was annexed as part ofthe FrontRange Farms IlAnnexation in January, 1988.
2. Quasi-Judicial Rezoning
The properties included within the rezoningpetition are less than 640acres. Therefore, the rezoning
is considered a quasi-judicial rezoning. In order for the Planning and Zoning Board to recommend
approval of a rezoning to the City Council, the following criteria shall be met:
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A. Consistent with the Ci 's Comprehensive Plan
The requested UE zoning is consistent with the recently adopted I-25 Subarea plan. This
plan is adopted as an element of the City's Comprehensive Plan. The plan designates this
parcel as Urban Estate Residential. The Urban Estate Zone District permits residential up
to two-units/acre.
and/or
B. Warranted by change in the neighborhood surrounding and including the subject
property:
The area south of this site will be developing into low-density residential at approximately
1.8 units/acre. This parcel is in the process of being annexed and zoned Urban Estate. The
Structure Plan designation for this project is Urban Estate. The proposed rezoning is much
more compatible with the type of development than the existing Industrial designation. The
rural densities east of the site within Larimer County are anticipated to remain, or,possibly
develop within the density permitted under the FA-I zone district in Larimer County, which
is currently one unit/2.3 acres.
C. Additional Consideration for Quasi-Judicial Rezonings
In determining whether to recommend approval of any such proposed zoning amendment,
the Planning and Zoning Board and City Council may consider the following additional
factors:
1. Whether and the extent to which the proposed amendment is compatible with existing
and proposed uses surrounding the subject land, and is the appropriate zone district
for the land:
The area east ofI-25 has a rural character and density. Much of the land is used for
farming. The Urban Estate provides one of the lowest maximum densities ofthe City
zone districts, a maximum of two units/acre. The land to the east of the site is zoned
FA in Larimer County, which would permit a residential density less than that of
Urban Estate.
The proposed UE zoning will provide greater compatibility with the area than the
existing Industrial zoning.
2. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment including but not limited
to water, noise, air, stormwater management wildlife vegetation wetlands and the
natural functioning of the environment.
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October 7, 2003
The parcels are not included within a mapped natural habitat area, nor does it
appear they contain any wetlands or other environmentally sensitive areas which
would be impacted byfuture development ofthesite. The 1-25 corridorplan does not
envision any open space along this portion of the corridor. The site is adjacent to
the Boxelder Creek floodplain, which may warrant future study when a project
development plan is proposed.
3. Whether and the extent to which the proposed amendment would result in a loyal
and orderly development pattern.
The Urban Estate zone district will provide a transition from higher intensity
industrial land to the west and the existing rural land use east of the site in Larimer
County. This zoning will provide a feathering ofdensities outward from the higher
intense uses internal to Fort Collins to the rural land outside of the urban growth
area.
3. Request for UE— Urban Estate District Zoning
The applicant initially filed a rezoning petition with the City on January 8, 2003. The current
request is to rezone 43.8 acres acres from I to UE. The property is undeveloped.
The purpose of the UE Zoning is to provide a "setting for a predominance of low-density and large-
lot housing. The main purpose of the 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.
4. Neighborhood Response:
The Current Planning Department has receivedseverallettersfrom adjacent businesses concerned
over the rezoning from I- Industrial to UE— Urban Estate Residential. These letters have been
attached to this report. They are concerned that future residential will have children which may be
drawn to these properties which use heavy equipment and semi-truck as part of their daily
operations, thus creating a safety hazard. These neighbors also state compatibility issues from
permitting single family residential adjacent to established industrial uses which generate noise
during the early morning hours and throughout the day.
FINDINGS OF FACT/CONCLUSIONS
After reviewing the Vineyard rezoning, File #2-03, staff makes the following.findings offact and
conclusions as explained above:
1. The subject property for the Vineyard Rezoning is designated on the I-25 Subarea Plan, an
element of the City's Comprehensive Plan as Urban Estate Residential.
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2. The proposed plan amendment will promote the public welfare and will be consistent with
the visions, goals,principles and policies of City Plan and the elements thereof.
3. The rezoning request is consistent with the existing land use established within the area,
particularly outside of the Urban Growth Management Area. "
City Manager Fischbach introduced the agenda item and stated that it was on the discussion agenda
because it had been pulled from the Consent Calendar at the last meeting and carried over to this
meeting. He stated that the questions had been answered and that staff recommended approval.
Councilmember Weitkunat made a motion, seconded by Councilmember Hamrick, to adopt
Ordinance No. 129, 2003 on First Reading.
Councilmember Tharp commented that this is the area that involved an Urban Estates designation
in an area that is near industrial. She stated that she was concerned about this until she was assured
by staff that there will be appropriate buffers between the industrial area and the Urban Estates area.
She stated that she would be reluctant to place an existing industry in the position of having to deal
with and counteract complaints from residential people who moved in after. She stated that it was
her understanding that there will be appropriate buffers to alleviate that problem. Bob Barkeen,City
Planner, replied that was correct.
Councilmember Hamrick stated that he had pulled the item from the Consent Calendar at the last
meeting and that he appreciated the staff response and the active Planning and Zoning Board
discussion on this issue.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy,Hamrick,Martinez,Roy,
Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Public Hearing on the 2004 and 2005
Recommended Biennial Budget, Held.
The following is staffs memorandum on this item.
"Executive Summary
This is the second official Public Hearing on the City Manager's 2003 and 2004 Recommended
Biennial Budget for the City of Fort Collins. The first Public Hearing was held on September 16,
2003. First Reading of the Ordinance adopting the 2003-2004 biennial budget is scheduled for
November 4, 2003, with Second Reading of the Ordinance on November 18, 2003. "
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Mayor Martinez stated that this was an opportunity for the public to be heard on the budget. He
stated that each participant would have five minutes to speak.
City Manager Fischbach stated that two interpreters were present to assist any Hispanic people who
wished to speak.
Socolo Prado,Spanish-speaking resident,supported funding for the bilingual program at the program
and asked that the program be reopened.
Rudy Maes, Vice-Chairman of the Library Board, stated that the bilingual librarian position has
been frozen and that the program is needed for Spanish-speaking residents.
Gerald Peter Shostak, Chair of the Personnel Board, 818 Powderhorn Drive, stated that the Board
wished to urge the Council to maintain the City's current salary structure based on the 70"percentile
of those wages paid by employers with whom the City competed in the marketplace. He stated that
the positive opinion most residents have of the City is based on the superior quality of service
received from the City staff. He stated that salary structure has served the City well. He stated that
curtailment of services might be necessary but that reducing the quality of services through the loss
of a long term and dedicated workforce is not acceptable. He stated that the Personnel Board had
continued to monitor the benefits package,specifically health insurance,and that the current package
reflects a program that had grown during the years to reflect changing times. Mr. Shostak asked for
additional time to complete his presentation.
Councilmember Weitkunat stated that this was an important presentation and that she would like to
allow additional time for the above presentation.
Councilmember Tharp stated that she would support the extension of time.
Councilmember Hamrick stated that he did not agree to an extension of time because that should
then be extended to others. He noted that the Council had already received a letter from the Board
regarding this topic.
Councilmember Weitkunat stated that there are over 1,500 City employees and that the Personnel
Board was making a statement to Council that should be heard because this is a major part of the
budget.
Councilmember Tharp stated that it was important for the community to know and understand the
issue.
Mayor Martinez asked why the Personnel Board's statement was not part of the staff report.
Councilmember Bertschy stated that extending the time for one participant would make it difficult
to turn down other requests for extension of time.
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October 7, 2003
City Manager Fischbach stated that the Personnel Board's statement was not part of the staff report
because there was no staff report on this agenda item and because the Personnel Board is a Council-
appointed Board.
Councilmember Weitkunat asked if there was anyone else who could finish reading the Personnel
Board report.
Mr. Shostak stated that another Personnel Board member was present.
Gail Shellberg, Personnel Board member, stated that a significant component of the total
compensation package offered to City employees was the benefits package, specifically health care
insurance. He stated that the Board has continued to monitor this benefits package on an annual
basis and the Board believes that the current package is generous and reflects a program that has
grown over the years. He stated that significant increases in health insurance premiums made change
a fiscal necessity. He stated that the problem is one of time because current employees have been
told that salaries will remain at current levels for the next two fiscal years. He stated that any
increase in the cost of their participation in fringe benefits programs will represent a real reduction
to total compensation. He stated that the Personnel Board recommends a phased program of
increases over the next two years to increase the employee's share of premium costs for those
benefits selected to 10% by 2004 and 15% by 2005. He stated that the Personnel Board urged the
Council to approve this phased approach to implementation in spite of the City's fiscal position to
avoid a dramatic change in the City's ability to recruit and change staff and to avoid a severe
compromise in the relationship with employees. He stated that the Board recognizes the challenges
to the Council.
Jan Gilligan, 1631 Adriel Drive, spoke on behalf of the Fort Collins Museum Foundation and stated
that the Museum plays an important education and civic role in the community. She asked the
Council and City management to approve the 2004-2005 budget package prepared and submitted
by the museum staff. She stated that this budget includes the requested cuts to the Museum's
operational budget and preserves the essential position of Curator of Education that has been vacant
since last October. She stated that the Curator of Education position is critical to the operational well
being of the museum.
Kelly Ohlson,2040 Bennington Circle, stated that he would like the Council to consider fairness to
the taxpayer in considerations of employee benefits and salaries. He stated that the employees now
pay 5%of health insurance coverage costs and that it was proposed to increase to 10%next year and
15%the following year. He stated that City's flawed market measure of 11 cities showed that the
average employee pays 18%in those cities. He stated that State of Colorado employees pay 40-51%
of their health insurance coverage costs. He stated that CSU employees pay 34-66%of health care
coverage costs. He stated that the City is 400-900% more generous than the State and CSU
employees in the same city. He stated that if real systemic change did not take place,the next budget
cycle will be even more difficult. He stated that the main part of the increase for the next couple of
years would be carried by the Benefit Fund Reserve. He stated that the percentage of employee
contribution needs to be at a level fair to the taxpayers and to the employees. He stated that the
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October 7, 2003
market needed to be redefined. He stated that other cuts would not be needed if systemic changes
are made to compensation and benefits. He stated that the Personnel Board was set up to advise the
City Manager and that the Board should represent the citizens of Fort Collins, rather than the
employees.
Antoinette Lewick,Chair of the Dial-a-Ride Council,2400 North Taft Hill Road,expressed concerns
regarding funding and privatization for Dial-a-Ride.
Olivia Abeyta-Gonzalez, 928 Timber Lane, spoke in support of funding for the Bilingual Adult
Outreach Coordinator position at the library. She spoke regarding the community benefits of the
bilingual program.
Greg Snyder, 619 Bear Creek, spoke about the budget in general. He stated that the reality was that
revenue was declining and that decisions need to be made to reduce spending or increase income.
He stated that this Council seemed to be bent on reducing the income as much as possible by helping
businesses move out of town. He stated a business decision needs to be made with regard to health
insurance for employees. He stated that it was difficult to tell from the budget whether the City
government was efficient and that he would like to see every City utility"spun off'as its own micro-
business. He stated that some expenditures are buried in the budget.
Murray Kamens, 5750 Ballina Court, spoke in opposition to Dial-a-Ride budget cuts and supported
making students pay for rides on Transfort. He proposed a Saturday one-day pass to ride all day for
one fare to keep the ridership up to get federal grants.
Jimena Pena, 1113 West Palm Street, temporary replacement bilingual coordinator at the library,
spoke regarding the community need for a bilingual program.
Susan Williams, 400 Impala Circle#14, spoke in favor of funding for Dial-a-Ride.
Pati Caputo, clinical nutritionist at the Mountain Center for Healing and president of Clean Water
Advocates,urged Council to stall the expenditure of$500,000 on new water fluoridation equipment.
She stated that the money will be wasted if the voters vote to stop water fluoridation in April of
2005. She spoke regarding the hazards of water fluoridation.
Nancy Jackson, Director of Disabled Resource Services,encouraged a thorough examination of the
privatization of a portion of Dial-a-Ride's services for ambulatory people with disabilities.
Bruce Henderson,Transportation Board Chair, spoke regarding pavement management economics
and stated that the Board has supported full funding of pavement management. He stated that
removal of$lm in funding for pavement management would mean much as much as $5m in costs
in the future. He stated that postponing the projects will mean that roads will continue to deteriorate.
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Ralph Olson, Library Board member, stated that he was speaking as a private citizen. He spoke
regarding the usage and popularity of the library. He asked Council to keep the needs of the library
in mind during budget deliberations.
Kathy Wright,Executive Director of Boys and Girls Club,spoke in opposition to budget cuts for the
Boys and Girls Club and spoke regarding the community benefits of the Boys and Girls Club. She
showed a video regarding the Boys and Girls Club.
Patrick Garcia, 1212 Raintree Drive,spoke in favor offending for the bilingual position at the library
and the Boys and Girls Club.
Randy Fischer,Natural Resources Advisory Board,spoke regarding the erosion that had taken place
in the Natural Resources Department budget. He stated that the 2004-2005 budget would represent
a decrease of 8.9%in the department's entire budget. He asked that the Council consider approving
three items that the City Manager had recommended not be included in the budget. He stated that
in 2004 that would amount to $58,000 in a total City budget of over $160 million.
Tom Honn, 1601 Quail Hollow Drive, expressed concerns regarding the pavement management
program. He stated that programs become inefficient if funds are whittled away. He stated that it
is important to identify primary services and take care of entire program areas rather than to
minimize programs and reduce the quality of services. He stated that it might be easier to eliminate
jobs than to provide services at a lower level than was expected.
Blair Troutwein, 1819 Lakeshore Circle, stated that he had concerns with transportation issues. He
stated that there needs to be a long term source of funding to meet transportation needs.
Nancy York stated that if the trend toward widening roads continues, that would add to the burden
of pavement management costs. She suggested meeting future capacity needs by expanding
Transfort.
Moselle Kleppinger, 3920 Sunstone Way, spoke in favor of full funding for the pavement
management program.
Mary Detweiler, 4255 Westshore Way, expressed concerns regarding changes in Dial-a-Ride
services and privatization of a portion of those services. She stated that fluoridation costs could be
cut from the budget to avoid some of the other budget cuts.
Tammy Chandler, financial controller for the Boys and Girls Club, 4407 San Remo Circle, spoke
in favor of funding for the Boys and Girls Club.
Councilmember Roy thanked those who spoke and thanked the staff for providing an interpreter so
that the whole community could participate.
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October 7, 2003
City Manager Fischbach stated that the final study session on the budget will be next Tuesday. He
stated that the budget will be scheduled for Council approval on November 4 and November 18.
Mayor Martinez noted that 25 people spoke at the budget hearing and that the Council appreciated
the input received.
Adjournment
The meeting adjourned at 8:05 p.m.
Mayor
ATTEST:
City Clerk
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October 21, 2003
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,October 21,2003,
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: Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat.
Councilmembers Absent: Bertschy.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Ronald Schumm, 5948 Colby Street, stated he disagreed with an e-mail that he had received that
stated the City Attorney had advised the Mayor and Councilmember Hamrick not to meet with him
because the subject property that he wanted to discuss could end up before the Council as a quasi-
judicial action such as annexation and zoning. He stated the advice was that he should present his
request to the entire Council. He stated he wanted to discuss 209 East Skyway Drive and how the
staffs decision impacted him as a neighbor at 225 East Skyway Drive. He stated he was not
prepared to discuss the issues at this time. He stated a letter was sent from the City to the County
on this property specifically saying (1) that the City had no interest at this time in annexing the
property at 209 East Skyway Drive and (2)that although the zoning designation was not compliant
with the City Structure Plan the City would not object to such a rezoning if the County were to
consider and approve it. He stated the letter indicated that the City was waiving its requirement for
annexation of the property for this rezoning application. He stated he disagreed with the contents
of the letter because it relinquished the rights of the City and the people that lived there to govern
the property in the GMA under the intergovernmental agreement. He stated surrendering these rights
and protections was a mistake. He stated staff had given him some superficial reasons for
surrendering those rights and that staff had not yet addressed his concerns or answered his questions.
He stated he had been told that a letter had been sent to him by the City Manager and that the City
Manager was affirming the position of the staff. He stated he did not want the properties across the
street from him that were in the County to change from the residential use defined in the Structure
Plan as Urban Estates and at best be rezoned to commercial use or at worst be rezoned to industrial
use. He stated the staff had reviewed this issue four times and on the first three reviews had said that
annexation of the property would be considered. He stated the staff changed its position on the
fourth review. He stated the County was moving rapidly to rezone this property based on the City
granting permission to do so. He stated his opinion was that the County would not give this a
thorough review and that rezoning would create a domino effect to surrounding residential properties
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that would also go commercial. He stated the neighborhood would be better served if the rezoning
took place under the higher standards and more thorough review of the City. He stated he asked the
City and County staff for their files on the issue. He stated his information about the City action was
taken from the County files. He requested that Council to direct the staff within seven days to give
him their complete files and information on this. He stated he would be happy to pay for
reproduction costs.
Citizen Participation Follow-up
Mayor Martinez asked if the information requested by Mr. Schumm was public. City Manager
Fischbach replied in the affirmative. He stated his letter had not been sent to Mr. Schumm and that
staff could look into the matter. He stated the City could not annex property that had a zoning
violation and that the parcel in question was part of a much larger enclave that would be eligible for
annexation next year. He stated part of the problem might be that the City does not maintain files
on property outside of the City. He stated he would check on the City records that would be
available.
Mayor Martinez asked about Mr. Schumm's statement that this had been reviewed four times by the
City and that the City changed its mind the fourth time. City Manager Fischbach stated he did not
know and would let the Council know.
Councilmember Hamrick asked if the property was eligible for annexation under the terms of the
intergovernmental agreement with the County and if it would follow the City's annexation rules.
City Manager Fischbach stated if the property was eligible, the City had the right to annex the
property if it chooses under the annexation rules set out in State law.
Councilmember Hamrick asked that the City Manager prepare a background memo that addressed
whether the City was choosing not to rezone the property. City Manager Fischbach stated he would
include that in a report to the Council.
Agenda Review
City Manager Fischbach stated item#17 First Reading of Ordinance No. 142, 2003,Authorizing the
Issuance ofCity ofFort Collins, Colorado,Downtown Development Authority Taxable Subordinate
Taxlncrement Revenue Bonds, Series 2003,Dated Their Delivery Date, in the Aggregate Principal
Amount of$1,000,000 for the Purpose of Financing Certain Capital Improvements and Capital
Projects, and Providingfor 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
would be withdrawn from the Consent Calendar for discussion. He stated item#23 Resolution 2003-
117 Repealing and Readopting Guidelines for Initiating and Developing Council Ordinances and
Resolutions had a revised Resolution to clarify that the Mayor and the Mayor Pro Tern made up the
Council Leadership Team.
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October 21, 2003
CONSENT CALENDAR
7. Consideration and Approval of the Council Meeting Minutes of September 2 2003
8. Second Reading of Ordinance No. 129,2003 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Vineyard Rezoning,
This Ordinance, which was unanimously adopted on First Reading on October 7, 2003,
rezones a portion of a tract of land located at the northeast corner of East Vine Drive and I-
25. This parcel is 78.6 acres in size and is currently zoned I—Industrial. The rezoning will
rezone the eastern 43.8 acres of land from Industrial to Urban Estate residential, the
remaining 34.8 acres of land adjacent to 1-25 would remain zoned industrial. The parcel is
designated as part of the I-25 Special Corridor Study on the City of Fort Collins Structure
Plan and Urban Estate on the recently adopted I-25 Subarea Plan.
9. Second Reading of Ordinance No. 134, 2003, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds.
This Ordinance, which was unanimously adopted on First Reading on October 7, 2003,
appropriates prior year reserves and unanticipated revenues in various funds to cover
expenses that were not anticipated,and therefore not included in the 2003 budget. Item B.3.
includes an appropriation from Cultural Services & Facilities Fund - Museum prior year
reserves for additional costs associated with the new entrance to the Museum. The
appropriation in the Museum's budget needs to be transferred to the Capital Projects Fund-
Museum Entrance Reorientation project and appropriated therein. This ordinance has been
amended between First and Second Reading to authorize the transfer of $21,758,
appropriated in the Museum's budget to the Capital Projects Fund - Museum Entrance
Reorientation project.
10. Second Reading of Ordinance No. 135 2003 Appropriating Unanticipated Grant Revenue
In the Equipment Fund and the General Fund for Congestion Mitigation and Air Quality
Projects and Authorizing the Transfer of Appropriations.
The City of Fort Collins was awarded a Congestion Mitigation and Air Quality (CMAQ)
grant in 2002. This money was originally appropriated into the North Front Range
Transportation & Air Quality Planning Council Fund (NFR) for the construction of a
compressed natural gas(CNG)fueling facility,a natural gas appliance and an emission repair
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October 21, 2003
project. However,at the end of 2002,the contract with the NFR lapsed and the projects were
closed.
The City of Fort Collins entered into a new contract with the Colorado Department of
Transportation in January of 2003. This contract, as amended, includes funding for these
Projects.
Ordinance No. 135, 2003, was unanimously adopted on First Reading on October 7, 2003,
appropriating unanticipated grant revenue forcongestion mitigation and air quality projects.
11. Second Reading of Ordinance No 136 2003 Making Certain Appropriations Related to
Operating Expenses of the Metropolitan Planning Organization.
As the host organization,the City has advanced its funds on behalf of the MPO and member
organizations. When the MPO receives federal and state grant monies, it reimburses the
City. In 2003, the MPO has taken steps to become an independent organization. With the
independent status of the MPO, the monetary transactions between the two organizations
should be recognized more formally. This Ordinance, which was unanimously adopted on
First Reading on October 7, 2003, appropriates prior year reserve funds in the City's
Transportation Fund to transfer to the MPO. The Ordinance also appropriates the
reimbursements that the MPO has made and expects to make to the City. In 2003,the City
expects that the transfers to the MPO will not exceed $2,100,000, the amount of the
appropriation from prior year reserves and unanticipated(at the time the budget was adopted)
revenue.
12. Second Reading of Ordinance No. 137,2003,Amending the Legal Description of the Jacoby
Farm Property and Authorizing the Sale of the Additional Seven Acres of Land to Larimer
County.
On September 3, 2002 City Council adopted Ordinance No. 117, 2002 authorizing the sale
of approximately 160 acres of the Jacoby Farm to Larimer County for the Open Lands
Program. The sale is about to be finalized and it was discovered through a land survey that
the legal description contained in the ordinance omitted a seven acre parcel. This Ordinance,
which was unanimously adopted on First Reading on October 7,2003,corrects the situation
and authorizes the sale of the seven acres
13. Second Reading of Ordinance No. 138,2003,Amending the Zoning Map of the City of Fort
Collins by Amending the Zoning Classification for that Certain Property Known as the City
of Fort Collins Vehicle Storage and Operations Service Maintenance Facility Rezoning_
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October 21, 2003
Ordinance No. 138, 2003, which was unanimously adopted on First Reading on October 7,
2003, rezones three parcels of land at the northwest corner of Vine Drive and Wood Street,
just west of the existing City of Fort Collins Service Center.
The site contains the City's Fleet Service Building and is also used for material storage. The
rezone facilitates the expansion of the Fort Collins Service Center.
14. Second Reading of Ordinance No. 139, 2003, Amending Ordinance No 097 2003 Zoning
Property Known as the Swift Addition to the Fossil Lakes P.U.D. Annexation to Correct an
Error in the Legal Description Contained in Said Zoning Ordinance.
On July 22,2003,City Council adopted Ordinance No.097,2003,amending the Zoning Map
of the City of Fort Collins and classifying for zoning purposes the property included in the
Swift Addition to the Fossil Lakes PUD Annexation.
A typographical error in the legal description contained in the zoning ordinance,resulting in
a faulty legal description. This Ordinance,which was unanimously adopted on First Reading
on October 7, 2003, amends the original zoning ordinance by replacing the incorrect legal
description with an amended legal description.
15. Second Reading of Ordinance No 140, 2003,Authorizing the Lease of Property at the Fort
Collins-Loveland Municipal Airport to Alliance Equipment Company LLC for the Storage
of Construction Equipment and Supplies.
Alliance Equipment Company, LLC, wishes to lease two acres of Airport property for
outdoor storage of construction equipment and supplies. The Agreement is for a three-year
period,beginning November 1,2003. The lease contains adequate restrictions to prevent any
incompatible land use related to Airport operations. The Agreement will provide a new
revenue source for the Airport.
Ordinance No. 140, 2003, was unanimously adopted on First Reading on October 7, 2003.
16. Items Relating to Intergovernmental Agreement with the Colorado Department of
Transportation for the Design and Construction of Bike Lanes on College Avenue(US 287)
from Harmony Road to Carpenter Road.
A. Resolution 2003-112 Authorizing the Mayor to Execute an Intergovernmental
Agreement with the Colorado Department of Transportation for the Design and
Construction of Bike Lanes on College Avenue (US 287) from Harmony Road to
Carpenter Road.
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October 21, 2003
B. First 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.
This new commuter bikelane facility will greatly improve safety and connectivity for local
as well as regional commuter cyclists. This primary route between Fort Collins and
Loveland has been identified through the public planning process by the City of Fort Collins
as well as the North Front Range Metropolitan Planning Organization (MPO) as a critical
link in the local and regional bicycle lane system. Both the City of Fort Collins Bicycle
Program Plan and the North Front Range Bicycle&Pedestrian Plan indicate the need for this
project.
17. First 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 Purpose 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 provides funding from unreserved fund balance in the DDA Debt Service Fund
to make additional improvements in the downtown area. The Ordinance authorizes the
issuance of $1 million of short term bonds for the projects which will be paid from the tax
increment revenue.
18. First Readine of Ordinance No. 143, 2003, Authorizing 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
The La Porte Trail Connection will provide a safe off-street pedestrian/bicycle connection
for Fort Collins and La Porte. The nearly 1 3/4 mile long trail will extend the Poudre River
Trail from Taft Hill Road to Lions Park in La Porte. A portion of the trail just east of
Overland Trail Road is located on land adjacent to the Hetzel family property.
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October 21, 2003
Through negotiations with the Hetzel family,the City will acquire needed easements for the
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.
The temporary construction access easement is 7,859 square feet in size. The permanent
access easement is 11,234 square feet in size. The permanent floodplain easement is 2,418
square feet in size. The land the City will deed to the Hetzels is 4,561 square feet in size.
19. Resolution 2003-113 Authorizing Incentive Programs for Energy Efficiency and Water
Conservation.
This Resolution supports and authorizes the ongoing use of incentive and rebate programs
to encourage City Utilities' customers to replace outdated or inefficient fixtures, make
improvements and utilize other technologies for the purpose of improving energy efficiency
and water conservation. The City will be authorized to participate in local, regional or
national incentive programs related to energy efficiency and water conservation.
20. Resolution 2003-114 Authorizing an Intergovernmental Agreement with Boulder County's
Longs Peak Energy Conservation Program for Administration of the City's REACH
(Residential Energy Assistance Through Community Help) Pro am
This Resolution will authorize the City Manager to enter into an Intergovernmental
Agreement(IGA)with Longs Peak Energy Conservation Program to administer the REACH
program for the City for an initial term until September 2004,with extensions of the IGA for
up to three additional one year terms, subject to the availability of sufficient funds.
21. Resolution 2003-115 Authorizing the City Manager to Implement a Zero Interest Loan
Pro am.
This Resolution will permit the City Manager to administer a zero interest loan program to
assist City residents. Loans are used by the Utilities and Natural Resources to provide an
incentive for homeowners to make energy, water and air quality improvements to their
homes.
22. Resolution 2003-116 Authorizing an Intergovernmental Agreement with Colorado State
University Regarding the Use and Replacement of Certain Fiber Optics Cables
The proposed Intergovernmental Agreement with Colorado State University (CSU) will
permit the City of Fort Collins to use four strands of CSU's fiber optic cable for twenty(20)
years,with the option of extending that use for a lease rate to be agreed upon at that time,in
exchange for which the City will provide the labor to replace an existing CSU-owned fiber
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October 21, 2003
optic cable located in City-owned conduits along West Mulberry Street. The Agreement also
provides a revocable permit from the City to CSU for the location of approximately 1,000
feet of CSU fiber optic cable in City conduit in a City utility easement located to the east of
and under the lawn and paved parking area of the National Wildlife Research Center at 4101
LaPorte Avenue. This conduit has already been installed and will form a part of the fiber
optic loop that CSU is in the process of completing.
The proposed new fiber would provide additional redundancy in the telecommunications
infrastructure to the Water Treatment Facility (WTF) on West Laporte Avenue. CSU is
installing fiber optic cables at its West Campus area to a point just across Laporte Avenue
from the WTF. The IGA allows the City to install additional conduit and fiber connecting
the existing WTF telecommunications system to CSU's new fiber, and allows the City the
use of four strands of CSU fiber for 20 years. This use is valued at approximately$55,200
over the 20 year time period. These four strands will be extended to the WTF to complete
the redundant pathway.
23. Resolution 2003-117 Repealing and Readopting Guidelines for Initiating and Developing
Council Ordinances and Resolutions.
This Resolution will amend the Council guidelines for initiating and developing Council
ordinances and resolutions. The amended language would state that, if the City Attorney or
City Manager need clarification regarding an ordinance or resolution not on the Council
Policy Agenda that was initiated at the direction of the Leadership Planning Team or three
ormore Councilmembers,that direction is to be sought from the Councilmembers requesting
the item.
24. Routine Easement.
A. Easement for construction and maintenance of public utilities from Margaret R.
Kritzer,to underground electric services,located at 1105 West Mountain. Monetary
consideration: $200.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
8. Second Reading of Ordinance No. 129,2003 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Vineyard Rezoning
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October 21, 2003
9. Second Reading of Ordinance No. 134, 2003, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds.
10. Second Reading of Ordinance No. 135, 2003, Appropriating Unanticipated Grant Revenue
In the Equipment Fund and the General Fund for Congestion Mitigation and Air QualiLy
Projects and Authorizing the Transfer of Appropriations.
11. Second Reading of Ordinance No 136, 2003 Making Certain Appropriations Related to
Operating Expenses of the Metropolitan Planning Organization.
12. Second Reading of Ordinance No 137 2003 Amendingthe he Legal Description of the Jacoby
Farm Property and Authorizing the Sale of the Additional Seven Acres of Land to Larimer
County.
13. Second Reading of Ordinance No. 138,2003 Amending the Zoning Map of the City of Fort
Collins by Amending the Zoning Classification for that Certain Property Known as the City
of Fort Collins Vehicle Storage and Operations Service Maintenance Facility Rezoning_
14. Second Reading of Ordinance No. 139, 2003, Amending Ordinance No 097 2003 Zoning
Property Known as the Swift Addition to the Fossil Lakes P.U.D.Annexation to Correct an
Error in the Legal Description Contained in Said Zoning Ordinance
15. Second Reading of Ordinance No. 140,2003, Authorizing the Lease of Property at the Fort
Collins-Loveland Municipal Airport to Alliance Equipment Company LLC for the Storage
of Construction Equipment and Sup plies.
Ordinances on First Reading were read by title by City Clerk Krajicek.
16. First 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.
17. First 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 Purpose 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.
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October 21, 2003
18. First Reading of Ordinance No. 143, 2003, Authorizing 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
Councilmember Tharp made a motion,seconded by Councilmember Hamrick,to adopt and approve
all items not withdrawn from the Consent Calendar. The vote on the motion was as follows:Yeas:
Councilmembers Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None
THE MOTION CARRIED
Consent Calendar Follow-up
Councilmember Tharp called attention to item #I I Second Reading of Ordinance No. 136, 2003,
Making Certain Appropriations Related to Operating Expenses of the Metropolitan Planning
Organization,item#16 First 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 and item#21 Resolution 2003-115 Authorizing the City Manager to
Implement a Zero Interest Loan Program. She asked staff to explain the Zero Interest Loan
Program. Wendy Williams, Deputy General Manager, explained the Zero Interest Loan Program.
Staff Reports
City Manager Fischbach reported that Dillard's had decided to locate a 140,000 square foot anchor
store in the Lifestyle Center on Harmony Road. He also reported that the National Aeronautics and
Space Administration had given a$9.7 million grant to Colorado State University for a specialized
center of research investigating radiation risks to astronauts. He stated a plaque had been received
by the City and its project partners for the prestigious Governor's Special Achievement Award for
Downtown Excellence for 2003 for the design of the Northern Hotel renovation. He reported on
funding raising efforts for the Youth Activities Center gym. He stated the City had received
recognition for the storm water audit rating system. He reported on the opening and dedication of
the Fossil Creek Park funded by Building Community Choices dollars. He stated the dedication of
Lemay Avenue took place at the same time.
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 Purpose
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 Adopted on First Reading
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October 21, 2003
The following is staffs memorandum on this item.
"Financial Impact
At the end of 2002, the Downtown Development Authority Debt Service Fund held approximately
$1,371,000 of unreserved fund balance. According to the revised budget at the end of 2003, the
unreserved fund balance is projected to be approximately $542,000 after the issuance of these
bonds. The DDA Board and staff recommend using a portion of the unreserved fund balance to
make capital improvements and projects in the downtown area consistent with the mission of the
Authority. Based on updated projections of tax increment revenue, the DDA debt service fund has
sufficient revenue to meet all required debt service payments and reserve requirements for 2003
through 2006.
Executive Summary
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 provides funding from unreserved fund balance in the DDA Debt Service Fund to make
additional improvements in the downtown area. The Ordinance authorizes the issuance of $1
million of short term bonds for the projects which will be paid from the tax increment revenue.
BACKGROUND:
The projects include the following:
Armstrong Hotel Renovation $137,200
First National Bank FaVade Improvements 133,000
Downtown Information Center &Public Restrooms 150,000
Austin's Restaurant Improvements 55,790
National Association for Interpretation Project 200,000
Parking Agreement with City of Fort Collins 125,000
Downtown Christmas Lighting (DDA Share) 11,500
Project Blue Stream 120,000
Available for Other Projects 17,510
Estimate Costs of Issuance 20,000
Total $1,000,000
The source offunding for the projects will be the DDA's tax increment reserves held in the DDA
Debt Service Fund.
All of these projects have been reviewed and recommended by the Board of Directors of the DDA. "
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City Manager Fischbach introduced the agenda item and stated staff would be available to answer
any questions.
Chip Steiner, DDA Executive Director, presented background information regarding the agenda
item. He stated the funds were earmarked for a number of projects.
Kelly Ohlson, 2040 Bennington Circle,questioned the process regarding the commitment of funds
for these projects. He stated Council has discussed specific projects in the past and that there was
little information presented to the Council on the projects with regard to the amount of tax increment
generated. He requested in the future, Council consider, discussing at a study session, the use of
such public monies. He stated the City Council oversight of this process has all but disappeared in
the last 15 years. He questioned the approval of projects that will subsidize $600,000 to million
dollar housing units such as some of these projects approved by the DDA. He stated detailed
information should be provided to Council regarding these types of projects.
Councilmember Tharp asked if these decisions were made by the DDA Board. City Manager
Fischbach replied in the affirmative. Steiner stated for every project considered by the DDA, the
City Council received full information prior to the DDA meeting. He stated every deal was subject
to City Council approval and pointed out that the DDA has participated in a number of affordable
housing projects. He stated the DDA's philosophy is that a full range of housing options are needed
in the core area and that the DDA looks at the benefit to the downtown and the community in making
its decisions.
Councilmember Weitkunat asked for clarification that Council approval was required for projects.
Steiner replied in the affirmative and stated many projects come to the Council on the Consent
Calendar.
Councilmember Weitkunat stated it appeared that the issue was whether the process should start with
Council approval. City Manager Fischbach stated the process would not work that way.
Councilmember Weitkunat asked what was wrong with the process that needed to be fixed. Steiner
stated Mr. Ohlson seemed to be indicating that the projects should not be placed on the Consent
Calendar and should always be debated. City Manager Fischbach stated Councilmember Bertschy
is a member of the DDA and that Mayor Martinez is an alternate member and that the Council is
therefore represented on the DDA.
Councilmember Weitkunat asked why this agenda item was pulled from the Consent Calendar.
Mayor Martinez asked Mr. Ohlson to state the problem.
Mr. Ohlson stated the Council used to have lively,detailed and complex debate about the benefit of
every project that came before the Council. He stated he believed that the Council should see the
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October 21, 2003
details on projects to determine if there are any issues to be addressed. He stated many of these
projects are"big ticket"items and that there should be more Council engagement in the process. He
stated it seems that these projects receive little or no attention now. He stated Council's decisions
has been a"rubber stamp" for the last 10 years.
Councilmember Tharp asked for clarification about who served on the DDA Board and how they
were appointed. Steiner stated the members of the DDA Board are appointed by the Council and
must be residents of the central business district, a principal in a business or a property owner and
that at least one Councilmember is required to serve.
Councilmember Hamrick stated he believed that it was"bad form"to have the issue on the Consent
Calendar and that the projects should be discussed in more detail. He asked if the projects that
would be funded had already been approved or if they were awaiting Council approval of this
ordinance. He asked if Council had already appropriated money for these projects. Alan Krcmarik,
Finance Director, stated the Council had been presented with an appropriation ordinance that did
anticipate these projects. He stated Council approval is needed for the bonds to be issued.
Councilmember Hamrick noted that Project Blue Stream(In-Situ)had been before Council and that
In-Situ had indicated it would be locating in Fort Collins. He asked where the company will now
be locating. Steiner stated the company would be locating by the River at the original site. City
Manager Fischbach stated the other site under consideration was not feasible. He stated In-Situ has
not yet made a commitment to come to Fort Collins.
Councilmember Hamrick stated this was the first time that he had heard that In-Situ was being
offered incentives to come here. He asked if tax increment financing is normally used to get
businesses to come to Fort Collins. Steiner stated such financing is used for developments that tend
to bring new business into the central business district.
Councilmember Hamrick asked if financing was used to enhance existing businesses. Steiner stated
it could be either. He stated In-Situ would bring 40-50 good paying jobs to Fort Collins and that
those people will spend money in the downtown.
Councilmember Hamrick asked if tax increment financing had ever been used before to get a
company to move downtown. Steiner stated he could not think of an example.
Councilmember Hamrick asked what would happen if the State grant fell through. Steiner stated the
money would have to be reappropriated for another purpose and that Council approval would be
needed. He stated the DDA commitment will stand if the project continues without the State
commitment.
Councilmember Hamrick asked what kind of criteria is used by the DDA to provide incentives to
business. Steiner stated the DDA has a list of criteria for its decision,including whether the business
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is "green,"how many jobs are created, what benefit there would be to the central business district,
design, etc. He stated he could send a copy of that list to Council.
Councilmember Hamrick asked if there is any criteria that says that the jobs created must go to Fort
Collins residents. Steiner stated there is no DDA requirement that any percentage of the jobs must
go to Fort Collins residents.
Councilmember Roy asked about the biggest problems encountered by the DDA with regard to bond
repayment or working with entities. Steiner stated there has been a growth of about 8% each year
in the tax increment since the DDA was created. He stated the DDA's program has been the most
successful in the State.
Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt
Ordinance No. 142, 2003 on First Reading.
Councilmember Roy expressed concern about the In-Situ project and the"code"name Blue Stream.
He asked if the code name had been to keep them in the background. City Manager Fischbach stated
the State required code names for its process.
Councilmember Roy asked which State group was involved. City Manager Fischbach stated it was
the Colorado Economic Development Commission. He stated the Commission was involved
because of the project financing and its role in reviewing requests and awarding grants to projects
meeting their criteria. He stated In-Situ was before the Commission for a grant and that it was
approved unanimously. He stated Labor Force money for In-Situ was also approved by the
Commission. Steiner stated the State requires a local match and that is what the DDA is providing.
Councilmember Hamrick stated Council had discussed economic criteria if incentives would be
offered to businesses such as In-Situ. He stated providing incentives to a company that did not
guarantee that a majority of jobs would go to residents is not serving the best interests of Fort
Collins. He stated there should be some kind of criteria. He stated the amount of the incentive for
Project Blue Stream was also troublesome. He stated he would prefer to use tax increment financing
to help existing businesses expand and stay in business rather than recruit new business from outside.
He stated in the future, there needs to be assurances that there will be benefit to all of the citizens
of Fort Collins.
Councilmember Kastein stated he did not believe that the City could require that a certain percentage
of jobs go to residents. He stated In-Situ is a blue chip company that will be a gem at the State and
local levels because of jobs and because it will bolster Old Town. He stated the dollars invested
would be well spent on a company like In-Situ. City Manager Fischbach stated it would not be
advisable to require that jobs go to residents because many employees may already live in Fort
Collins and commute to Laramie. He stated the company also does business with many Fort Collins
suppliers.
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Councilmember Weitkunat expressed concern regarding the direction of the discussion. She stated
by definition, the DDA deals with development in the downtown. She stated everything the DDA
does is an incentive to business to develop. Steiner stated DDA helped underwrite the cost of a
project.
Councilmember Weitkunat stated the DDA was set up to help development and that it is a successful
model within the State. She stated there is a process in place that is working. She stated she did not
think that anything was broken and needed to be fixed. She stated it is Council's job to ensure
economic vitality in the downtown based on the criteria that has been established.
Councilmember Roy stated the downtown is an economic center and should be nurtured. He stated
it bothered him to provide financing to a project that pushed the boundaries of the Poudre River. He
stated there is only one Poudre River.
Mayor Martinez stated the Council had already had this discussion.
Councilmember Roy stated he would hope to see a design for the structure that would indicate a
sensitivity to the river.
Mayor Martinez stated the company was environmentally oriented.
Councilmember Roy stated In-Situ made equipment for polluters.
Councilmember Hamrick stated there should be a tight list of criteria to make sure that Fort Collins
benefited by providing incentives to businesses. He stated the City needs to be selective about the
companies it wants to attract.
Mayor Martinez asked why the company would not benefit Fort Collins.
Councilmember Hamrick stated the City might be able to get a better deal if it negotiated with a
company and knew what it was "bringing to the table." He stated he had not seen information that
would tell him that this was the best way to spend the money.
Councilmember Tharp stated bringing a company and its employees here will create a"spin-off'as
those people buy our products and houses and pay taxes and will contribute to economic well being.
Councilmember Weitkunat spoke regarding the purpose of the DDA and stated the DDA has
contributed to"uplifting"the community rather than to the"demise"of the community. She stated
the DDA scrutinizes projects and is a caretaker for the community.
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Councilmember Hamrick stated this was a point of discussion for the future and that he believed that
there should be future discussions about how to use the City's limited resources to maximize the
benefit to Fort Collins residents.
Councilmember Kastein stated with tax increment financing the City could not go bankrupt and that
the money was being leveraged by the businesses in which an investment was being made. He stated
this is not the same thing as City-wide economic development. He stated it was a"slam-dunk"for
economic vitality for the City. He supported the list of projects and stated he would be paying closer
attention to the DDA packets in the future. He stated he would trust the Council's DDA
representative to highlight items that are of particular importance or that depart from Council policy.
He stated he was excited about the projects. He stated he wished to make a statement telling In-Situ
that we want them here.
The vote on the motion was as follows: Yeas: Councilmembers Hamrick, Kastein, Martinez, Roy,
Tharp and Weitkunat. Nays: None
THE MOTION CARRIED
Steiner reported that the DDA was hosting the state-wide Colorado Community Revitalization
Association conference next September.
Other Business
Councilmember Tharp suggested that the Zucker Report presentation that was given to the Council
be presented to the Planning and Zoning Board.
Mayor Martinez stated the emphasis should be that this is now Council's direction.
Councilmember Weitkunat stated she would like to attend that presentation as the Planning and
Zoning Board liaison.
Councilmember Tharp stated she was unhappy to see that the City would no longer be funding the
Neighborhood Night Out. She stated she would not like to see momentum lost on the work that had
been done with neighborhoods. She suggested continuing the program next year with partnerships
and donations.
Mayor Martinez stated the CSU Liaison Committee discussed that issue and that there is support for
looking at sponsorships and volunteers to keep the program going.
Councilmember Tharp requested a rental licensing information update,i.e.more information about
how rental licensing is handled in other communities.
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Councilmember Hamrick asked when the Council could expect to see some information about
partnering with CSU about economic vitality. City Manager Fischbach stated staff met with CSU
last week and is putting together a paper that will be presented to the City Council within the next
two weeks.
Councilmember Weitkunat asked if this related to the economic workshop. City Manager Fischbach
replied in the affirmative.
Councilmember Weitkunat asked ifthe economic workshop would occur in the first quarter of2004.
City Manager Fischbach stated he would hope so.
Councilmember Weitkunat stated she would like to see trends and the history of economics in the
community included.
Mayor Martinez stated he would support that.
Councilmember Hamrick stated the discussions should address new development versus
redevelopment and what changes should be made to the Code to make redevelopment at least as
attractive as new development. City Manager Fischbach stated this was part of the Council's policy
agenda and part of the City Plan update.
Councilmember Weitkunat stated she would like to take a look at the pros and cons of the
requirement of the Art in Public Places directive for the addition of 1%to the Enterprise Funds. She
stated she would like to know the financial stream being generated and the financial repercussions
on citizens. She stated she would like to have a study session discussion on this issue. City Manager
Fischbach stated he believed that this was also part of the Council's policy agenda.
Councilmember Tharp asked if the Art in Public Places matter was part of the Charter or an
ordinance. City Manager Fischbach stated it was an ordinance.
Mayor Martinez asked if there is Council support for providing some funding for the Northern
Colorado Economic Board.
Councilmember Tharp stated she believed that there is an advantage to working regionally and that
she would support looking at a specific contribution (not cash at the moment).
Councilmember Hamrick stated he would like to discuss what benefit could be derived if the City
had some kind of an agreement.
Councilmember Kastein supported looking into the matter.
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Councilmember Weitkunat stated she would support discussing the matter to identify some of the
benefits and disadvantages for the City.
Councilmember Kastein stated there would be a panel discussion sponsored by the Northern
Colorado Economic Board.
Councilmember Tharp asked that any staff responses to Council questions that will be addressed by
e-mail should also be given in summary form to the public as part of the Staff Report.
Mayor Martinez stated a letter had been received from Poudre Valley Hospital regarding the status
of emergency care stating that the Hospital would provide care for heart attack victims in Fort
Collins. He stated a meeting is to be scheduled to discuss emergency care issues and that he wanted
the City to be proactive in setting up the meeting.
Councilmember Roy stated he had concerns about the trauma center in Fort Collins being
downgraded due to the Loveland expansion.
Mayor Martinez stated the letter received from the Hospital clarified many of those issues.
Councilmember Roy stated he was interested in working to ensure that the level of health care in this
community was not lessened at all.
Councilmember Weitkunat stated it is important to understand that this is a complicated process and
that everyone needs to be cautious about making judgmental statements about the level of service
that will be received. She stated she is confident that the Hospital is working to provide the best
service possible to this community.
Mayor Martinez stated there had been an article in the newspaper about police collective bargaining
and that he would like to make sure that staff was heavily engaged in discussions with the Chief of
Police to ensure that everyone understood budget issues. He stated there were mixed messages being
given and that he would like to see a written plan of action about what will be done to make
clarifications to ensure that there are no disruptions in police service.
Councilmember Tharp stated every citizen who receives a utility bill is paying for a good, well-
designed storm drainage system. She stated the award that was announced under staff reports shows
that the City was "doing it right." She thanked the citizens for tolerating that additional expense.
Mayor Martinez asked if there were still plans to have a check-off block on utility bills for donations
for helping indigent people with their utility bills. City Manager Fischbach stated staff is still
working on that.
Councilmember Kastein stated the newly opened Fossil Creek Park was "fantastic."
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Adjournment
The meeting adjourned at 7:30 p.m.
Mayor
ATTEST:
City Clerk
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