HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 12/02/2003 - REGULAR MEETING AGENDA (SUMMARY)AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
December 2, 2003
Proclamations and Presentations
5:30 p.m.
A. Proclamation Proclaiming December 10, 2003, as "Human Rights Day".
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
1. CALL MEETING TO ORDER.
2. ROLL CALL.
3. CITIZEN PARTICIPATION (limited to 30 minutes)
4. CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during
Citizen Participation.
5. AGENDA REVIEW: CITY MANAGER
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The Consent Calendar consists of Item Numbers 7 through 25. This Calendar is
intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar.
Anyone may request an item on this calendar to be "pulled" off the Consent
Calendar and considered separately. Agenda items pulled from the Consent
Calendar will be considered separately under Agenda Item #33, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
CONSENT CALENDAR
Postponement of Items Relating to the Peterson Annexation. until February 3 2004
A. Postponement of Second Reading of Ordinance No. 051, 2003, Annexing Property
Known as the Peterson Annexation to the City of Fort Collins, to February 3, 2004.
B. Postponement of Second Reading of Ordinance No. 052, 2003, Amending the Zoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Peterson Annexation, to February 3, 2004.
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 I-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 February 3, 2004.
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8. Postponement of Items Relating to the Streamside Annexation. until February 3 2004
A. Postponement of Second Reading of Ordinance No. 053, 2003, Annexing Property
Known as the Streamside Annexation to the City of Fort Collins, to February 3, 2004.
B. Postponement of Second Readingof 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 February 3, 2004.
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
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 of this project, staff recommends
postponing Second Reading of these Ordinances to February 3, 2004.
9. Items Relating to the Appropriation of Miscellaneous Revenues for Police Services.
A. Second Reading of Ordinance No. 157, 2003, Appropriating Unanticipated Grant
Revenue in the General Fund for the Police Services Safety Belt Program.
B. Second Reading of Ordinance No. 158, 2003, Appropriating Unanticipated Grant
Revenue in the General Fund for Police Services and Authorizing the Transfer of
Matching Funds Previously Appropriated in the Police Services Operating Budget
to the Grant Project.
C. Second Reading of Ordinance No. 159, 2003, Appropriating Unanticipated Grant
Revenue in the General Fund for the Youth Community/Family Conferencing and
Restore Programs and Authorizing the Transfer of Matching Funds Previously
Appropriated in the Municipal Court Operating Budget to the Grant Project.
Click It or Ticket "November Mobilization" 2003 Campaign
Fort Collins Police Services has been awarded a grant from the Colorado Department of
Transportation in the amount of $3,000. This grant will fund overtime costs associated with
the enforcement of Colorado's seat belt laws. Ordinance No. 157, 2003, was unanimously
adopted on First Reading on November 18, 2003.
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Local Law Enforcement Block Grant
Fort Collins Police Services has been awarded a grant from the U. S. Department of Justice,
Local Law Enforcement Block Grant program (LLEBG) for the procurement of equipment
and technology related to basic law enforcement functions. The grant funds will be used to
purchase computer equipment that is compatible with the new CAD/RMS system.
Ordinance No. 158, 2003, was unanimously adopted on First Reading on November 18,
2003.
A grant in the amount of $47,195 has been received from the Colorado Division of Criminal
Justice (DCJ) for salaries associated with the operation of the Youth Community/Family
Conferencing (restorative justice) and Restore Programs. Ordinance No. 159, 2003, was
unanimously adopted on First Reading on November 18, 2003, appropriating the funds need
for this program.
10. Second Reading of Ordinance No 160 2003 Appropriating Unanticipated Grant Revenue
in the General Fund for the Radon Program and Authorizing the Transfer of MatchingFunds
Previously Appropriated in the Natural Resources Operating Budget to the Grant Project
This Ordinance, which was unanimously adopted on First Reading on November 18, 2003,
appropriates the $15,000 CDPHE grant funds in the General Fund for the Radon Program.
It also authorizes the transfer of $15,000 from the Natural Resources operating budget to the
Grant Fund. The funds will be used to continue the radon education and testing programs.
11. Second Reading of Ordinance No. 161, 2003, Appropriating Storm Drainage Fund Prior
Year Reserves into the Fossil Creek Basin Capital Project for the Construction of Storm
Water Improvements Associated with the Timberline Road Waterline Improvement Project
The Fossil Creek Drainage Basin Master Plan identifies the need to improve the storm
drainage culverts under Timberline Road at Fossil Creek, between Trilby and Carpenter
Roads. The new culverts are a prerequisite for a future project that will remove
approximately 105 homes from the Fossil Creek floodplain in the Paragon Point area. These
improvements are adjacent to the Fossil Creek Wetlands Natural area on the west and the
Fossil Creek Reservoir Natural area on the east. Ordinance No. 161, 2003, which was
unanimously adopted on First Reading on November 18, 2003, appropriates prior year
reserves for the Timberline Road Waterline Improvement Project.
12. Items Relatine to the Competitive Process for Allocating Citv Financial Resources to
Affordable Housing Projects/Programs and Community Development Activities: the Fiscal
Year 2003-2004 Home Investment Partnerships (HOME) Program the Fiscal Year 2003-
2004 Community Development Block Grant (CDBG) Program and the City's Affordable
HousingFund.
und.
A. Second Reading of Ordinance No. 162, 2003, Appropriating Unanticipated Revenue
in the Home Investment Partnerships Fund.
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B. Second Reading of Ordinance No. 163, 2003, Appropriating Unanticipated Revenue
in the Community Development Block Grant Fund.
Ordinance No. 162 and 163, 2003, which were unanimously adopted on First Reading on
November 18, 2003, appropriate unanticipated program income revenue for the HOME and
CDBG programs respectively.
13. First Reading of Ordinance No 164 2003 Appropriating Unanticipated Revenue in the
Capital Projects Fund for Transfer to the Capital Leasing Comoration Fund to be Used for
Interest Associated with the Debt Service Payments on the City Office Building at 215 North
Mason Avenue and the Civic Center Parking Structure.
In 1998, the City completed a Lease Certificates of Participation financing to provide the
funding for the Mason Street Office Building and the Parking Structure. The total amount
of financing was $17.2 million. During the design and construction phases, the City Finance
Department invested the proceeds and earned more money than initially planned. Although
the project is substantially complete, money remains in the project's escrow. Appropriate
uses for the remaining funds include project improvements and interest payments on the
semi-annual lease payments. Although the City normally transfers money from its General
Fund to the Capital Leasing Corporation Fund to pay the interest on the lease payments, this
Ordinance transfers $718,668 from interest earnings in the Capital Projects Fund - Office
Building capital project to the Capital Leasing Corporation Fund to make the interest
payments. This will allow the City to freeze the appropriation from the General Fund, in
effect providing more savings to the City's General Fund at the end of 2003.
14. First Reading of Ordinance No. 165, 2003 Authorizing the Transfer of Appropriations
Between Funds to be Used for the Advanced Traffic Management System.
This Ordinance transfers money from the General Fund to the Congestion Mitigation and Air
Quality (CMAQ) account for the Advanced Traffic Management System (ATMS).
Funds will be transferred as outlined below in resolution of a June 2001 CDOT Audit Report
that found that a $52,962 grant paid to the City by CDOT was unallowable and
recommended that CDOT require the City to repay those funds. Instead of requiring
repayment, CDOT has agreed to allow the City to apply those funds to one of the City's top
2004 CMAQ projects.
15. Items Relating to the Pulliam Ranch Leases.
A. Resolution 2003-131 Approving the Sublease of City -Leased Property at 8281 West
County Road 32 C, Loveland, Colorado.
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B. Resolution 2003-132 Approving the Lease of City -Owned Property and Sublease of
City -leased Property in Sections 15, 16, 17, 18, 20, 21, 22, and 27 of Township 6
North, Range 70 West of the 6th P.M., Latimer County, Colorado.
C. First Reading of Ordinance No. 167, 2003, Approving the Terms of the Lease
Agreements for the Pulliam Ranch.
Adoption of the Resolutions will allow the City to recover a portion of the annual lease
amounts due to the Pulliam Trusts by leasing the areas of the Pulliam Ranch which are to be
purchased and subleasing those areas and the existing residence which are leased and
optioned for purchase.
Adoption of the Ordinance will allow the City to submit the lease to the County in order for
the leased property to be removed from the property tax rolls during the term of the lease and
option contracts to purchase the Pulliam Ranch over a five year period. The City will have
exclusive use rights to the leased portions of the Ranch up to the time of purchase and thus
has agreed to remove the property tax burden from the Lessors.
16. First Reading of Ordinance No. 168, 2003, Enacting a New Article VII of Chapter 7.5 of the
City Code Establishing a Passenger Facility Charge at the Fort Collins/Loveland Municipal
AiMort.
The Aviation Safety and Capacity Expansion Act of 1990 provided a new source of funding
(Passenger Facility Charges-PFC), for authorized airports to fund needed airport expansion
projects that might otherwise go unfunded. In 1993 and 1995 the Fort Collins/Loveland
Airport received approval from the FAA to collect PFCs since the airport was receiving
scheduled passenger airline service. In these prior years the FAA allowed a maximum PFC
collection of $3.00 per enplaned passenger, which is the amount the Cities were approved
to collect. Once the airport lost scheduled airline passenger service in 1997 the Airport's PFC
collections were cancelled.
Allegiant Air started regular scheduled airline passenger service on July 31, 2003 which
qualifies the airport to submit a new Application for the collection of PFCs. Since our last
PFC Application, the FAA has increased the maximum amount for PFCs from $3.00 to $4.50
per enplaned passenger. The approval of this Ordinance will enact a new article of the City
Code establishing a PFC for $4.50 per enplaned passenger flying from the Fort
Collins/Loveland Airport.
17. First Reading of Ordinance No. 170, 2003, Amending Section 2-575 of the City Code
Relating to Councilmember Compensation.
Article II, Section 3 of the City Charter provides that the compensation of Councilmembers
shall be adjusted annually for inflation in accordance with the Denver/Boulder Consumer
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Price Index. In 2003, Councilmembers were compensated $585 per month, and the Mayor
received $880 per month.
This Ordinance amends Section 2-575 of the City Code to set the 2004 compensation of
Councilmembers at $595 and the compensation of the Mayor at $895, as required by the
City Charter. The 2004 compensation amounts, adjusted for inflation in accordance with
the Denver/Boulder Consumer Price Index are $595 per month for Councilmembers and
$895 per month for the Mayor.
18. First Reading of Ordinance No. 171, 2003, Desi ng ating the E. Mmple House, 415 East
Elizabeth Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code
The owners of the property, Jennifer Anderson and Susan Hogg, are initiating this request
for Fort Collins Landmark designation for the E. Kimple House. The Edward and Sylvia
Mmple House is significant to Fort Collins under Landmark Preservation Standard 3, for its
architectural merits. It is a relatively intact and nicely detailed example of a small Queen
Anne / Folk Victorian residential dwelling. The property is listed on the National Register
of Historic Places, as a contributing element of the Laurel School National Register District.
19. First Reading of Ordinance No. 172, 2003, Desi ng atinp, the Historic Seventh Day Adventist
Church, 400 Whedbee Street, as a Fort Collins Landmark Pursuant to Chanter 14 of the City
Code.
The owner of the property, The Whole Life Church of Religious Science, is initiating this
request for Fort Collins Landmark designation for the Historic Seventh Day Adventist
Church. The property is individually eligible for landmark designation under City of Fort
Collins Landmark Preservation Standards (1) - Association with events that have made a
significant contribution to the broad patterns of history; and (3) - Embodies the distinctive
characteristics of a type, period, or method of construction.
20. Resolution 2003-133 Authorizing the Acceptance of a Donation by Lon J. And Jolene K.
Jacobs of a Conservation Easement on Property Located at 4550 Hidden Springs Road.
Lon J. and Jolene K. Jacobs have proposed to donate to the City Natural Areas program a
conservation easement on a property 35 acres in size in the Hidden Springs Subdivision at
4550 Hidden Springs Road in Fort Collins. This conservation easement will allow a five acre
or less building envelope for the existing 3,650 square foot residential home and 768 square
foot pole barn. The conservation easement will require that the entire property outside of the
building envelope remain natural, with no four wheel vehicles or grazing of any animals
permitted.
The Jacobs Property is adjacent to and situated immediately southwest of the Cathy Fromme
Prairie Natural Area. It is adjacent to and immediately north of the Latimer County Landfill.
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The Conservation easement will afford additional scenic views of the foothills of the Rocky
Mountains.
Mr. and Mrs. Jacobs will provide to the City a current appraisal, Phase One Site Assessment,
Title Commitment and Survey defining the building envelope. The Conservation easement
will be donated to the City as a charitable contribution.
The acceptance of the donation is contingent upon receipt of an acceptable appraisal and a
fully -executed Conservation Easement.
21. Resolution 2003-134 Authorizing the Purchasing Agent to Enter into a Professional Services
Agreement with Bondi & Co.. Certified Public Accountants. for Auditing Services for 2003.
With Annually Renewable Terms for 2004 Through 2007.
The proposed resolution authorizes the Purchasing Agent to enter into an agreement for
auditing services with Bondi & Co. for the 2003 audit. The agreement would be renewable
on an annual basis through 2007 with the approval of the Leadership Team. The agreement
can be terminated if the auditing services are deemed unsatisfactory.
22. Resolution 2003-135 Approving the Purchase of Animal Control Services from the Larimer
Humane Society for 2004 as an Exception to the Competitive Purchasing Process.
The City of Fort Collins has contracted with the Latimer Humane Society for animal control
services for nearly 20 years. The contract requires the Latimer Humane Society to provide
a variety of specialized equipment and personnel necessary to provide animal control
services to the City of Fort Collins; to operate a shelter facility, to provide emergency
veterinary care; to dispose of dead animals; to respond to animal -related calls for service; to
enforce City ordinances pertaining to animals; the administration of a pet licensing program
and to provide accurate quarterly reports to City staff. There is no other known organization,
entity or individual currently capable of performing these services.
The City of Fort Collins relies on the Latimer Humane Society to address animal -related
issues within the City limits and it remains dedicated to providing professional animal
control services to the City. Adoption of this Resolution will allow this contractual
relationship to continue.
23. Items Relating to the Employment Contracts of the City Manager, City Attorney and
Municipal Judge.
A. Resolution 2003-136 Authorizing the Mayor to Execute a Fourth Addendum to the
City's Employment Agreement with John F. Fischbach as City Manager of the City
of Fort Collins.
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B. Resolution 2003-137 Authorizing the Mayor to Execute a Fourth Addendum to the
City's Employment Agreement with Stephen J. Roy as City Attorney of the City of
Fort Collins.
C. Resolution 2003-138 Authorizing the Mayor to Execute a Fifth Addendum to the
City's Employment Agreement with Kathleen M. Lane as Municipal Judge of the
City of Fort Collins.
The City Manager, City Attomey and Municipal Judge are hired directly by the City Council,
and the terms and conditions of their employment are spelled out in employment agreements
for each employee. The employment contract of each of these employees presently contains
a provision under which the City pays for the cost of an annual physical exam. Questions
have arisen regarding the kinds of tests that are within the scope of that provision. The
purpose of the new provisions is to standardize the wording related to this benefit for each
employee and to impose a maximum dollar amount to be expended by the City for such
benefit, irrespective of the kinds of medical tests that may be recommended for each
employee. The result will be to provide maximum flexibility with regard to the nature of the
exam while still controlling the cost to the City.
24. Items Relating to Participation in Help Preserve Open Space Revenue Sharing with Windsor
and Johnstown.
A. Resolution 2003-139 Approving and Adopting an Updated Natural Areas Policy as
a Policy Element of the City's Comprehensive Plan.
B. Resolution 2003-140 Authorizing an Intergovemmental Agreement with Latimer
County and Latimer County Municipalities For Sharing County Help Preserve Open
Space Tax Revenue with Windsor and Johnstown.
This Natural Areas Policy update and Intergovernmental Agreement (IGA) allow the
municipalities of Loveland, Fort Collins, Estes Park, Berthoud, Timnath, and Wellington to
relinquish to Windsor and Johnstown a portion of the minimum 55% and maximum 65%
municipal share of revenue from the County wide sales tax for parks and open space ("Help
Preserve Open Space" or "HPOS"). By entering into the IGA, Loveland, Fort Collins, Estes
Park, Berthoud, Timnath and Wellington each request Latimer County to pay a portion of
the HPOS revenues to Windsor and Johnstown in a proportion determined using the formula
used to apportion the municipal share of those revenues.
25. Resolution 2003-141 Adopting the City's 2004 Legislative Policy A enda.
Each year the Legislative Review Committee (LRC) develops a legislative agenda to assist
in the analysis of pending legislation. The proposed 2004 Legislative Policy Agenda, has
been updated from the 2003 document and was reviewed and approved by the LRC on
November 13, 2003. Changes are highlighted. This document will be used as a guide for the
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upcoming 2004 General Assembly and the second session of the 108th Congress. The
purpose of the Legislative Policy Agenda is to articulate the city's position on common
legislative topics. It will be used by Council members and staff to determine positions on
pending legislation and as a general reference for state legislators and the Colorado
congressional delegation.
***END CONSENT***
26. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
27. Staff Reports.
Status Report on Council Requests.
28. Councilmember Reports.
ITEMS NEEDING INDIVIDUAL CONSIDERATION
29. First Readin¢ of Ordinance No. 173, 2003, Making Various Amendments to the City of f Fort
Collins Land Use Code. (45 minutes)
The Land Use Code was first adopted in March of 1997. Subsequent revisions have been
recommended on a biannual basis to make changes, additions, deletions and clarifications
that have been identified in the preceding six months. The proposed changes are offered in
order to resolve implementation issues and to continuously improve both the overall quality
and "user -friendliness" of the Code.
30. First Reading of Ordinance No. 174, 2003, Continuing a Temporary Manufacturing
Equipment Use Tax Rebate Program for Fort Collins Manufacturers. (30 minutes)
In March 1996, City Council approved a temporary rebate program for use tax paid on
manufacturing equipment. The goal of the program was to maintain the local economic base
by providing modest tax relief to manufacturing concerns located in Fort Collins. The
program has provided rebates to manufacturers for the calendar years 1996 through 2001.
The rebate program was discontinued for calendar year 2002 due to economic conditions.
Staff is proposing that the program be reinstated for 2003 and 2004.
Payments are made in arrears this is a "rebate" of tax paid in the previous year. It is not a tax
exemption. If approved for calendar years 2003 and 2004, we will ask manufacturing
companies to submit applications by in late March of each year — as prescribed in the
program. Rebates will be paid upon review of the applications. Historically, many of the
companies have requested extensions to file at an even later date. Modifications were last
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made to the program in 1999 to reflect several requests made by the manufacturing
community. Staff is now requesting that Council approve the program without any changes
or modifications for 2003 and 2004.
31. First Reading of Ordinance No. 175, 2003, Appropriating Unanticipated Revenue and Prior
Year Reserves in the Benefits Fund to be Used to Cover Medical Claims and Other
Expenses. (20 minutes)
This Ordinance is requested at this time, because the City has now received the most recent
claims data available, namely through October 31, 2003. This Ordinance increases the 2003
Benefits Fund appropriations by $3.4 million to cover benefit expenses. Funding for these
appropriations is comprised of unanticipated revenue in the Benefits Fund and Benefits Fund
reserves from prior years. Current budget projections indicate that actual revenues will
exceed budgeted revenues by approximately $300,000. The remaining $3.1 million is
requested from prior years' plan reserves. No additional funding is requested from outside
of the Benefits Fund.
Benefits Fund Reserves and Expenses for 2003 were projected in early 2001 and were based
on enrollment and cost trend information available at that time. Actual revenues exceed
budgeted projections due to increased plan enrollment. Expenses exceeded budgeted
projections due to higher than expected claims activity and medical inflation trend. During
2003 to date, seventeen claims have incurred charges over $40,000; three of these claims
exceed the stop loss deductible of $120,000. Total charges for these seventeen claims alone
are $1.45 million. Moreover, staff knows of one additional claim that will exceed the stop
loss deductible of $120,000. Catastrophic claims of this nature are difficult to project, and
contribute significantly to unanticipated claims experience.
32. Items Relating to the North Front Range Transportation and Air Quality Planning Council.
(15 minutes)
A. Resolution 2003-142 Authorizing the Mayor to Execute an Intergovernmental
Agreement for the Provision of a Loan to the North Front Range Transportation and
Air Quality Planning Council.
B. First Reading of Ordinance No. 176, 2003, Appropriating Prior Year Reserves in the
Transportation Services Fund for Transfer to the North Front Range Transportation
& Air Quality Planning Council Fund for the Purpose of Providing a Loan to the
Metropolitan Planning Organization
The North Front Range Transportation and Air Quality Planning Council serves as the
Metropolitan Planning Organization (MPO) and lead air quality planning agency for the
North Front Range region. It was created in 1988 and includes two counties, eleven cities
and towns, the State of Colorado Transportation Commission, and the State of Colorado Air
Quality Control Commission. In this capacity, the MPO promotes regional transportation
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and air quality planning related to transportation for the counties, cities, and towns in
northern Colorado. The activities of the MPO are funded through federal grant programs
administered by the Colorado Department of Transportation. The City of Fort Collins has
been the financial sponsor of the organization and accounted for the financial transactions
within the City of Fort Collins Transportation Fund. As a step to provide for the future
independence of the MPO, the MPO is now accounted for in its own fund within the City of
Fort Collins accounting system. In the future it will be an independent organization and
conduct its own financial management.
The MPO operates on grants and contributions on a reimbursable basis. The City of Fort
Collins usually advances funds for MPO activities and then is reimbursed through CDOT
distributions. As the year 2003 comes to a close, staff projects that the MPO may have spent
as much as $175,000 that is subject to reimbursement that will not be received until some
time in 2004. Due to the indefinite nature of the reimbursements and the requirement that
all City funds have balanced revenues and expenditures, the staff recommends that the City's
Transportation Fund provide financial support to the MPO by loaning up to $175,000. The
City will be repaid from future grant reimbursements and other funds contributed by the
other members of the MPO.
The Resolution authorizes the Mayor to sign the loan to the MPO. The Ordinance
appropriates the prior year reserves to be transferred to the MPO.
33. Pulled Consent Items.
34. Other Business.
35. Adjournment.
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