HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/16/2005 - CONSIDERATION AND APPROVAL OF THE REGULAR COUNCIL ITEM NUMBER: 6
AGENDA ITEM SUMMARY DATE: August 16, Zoos
FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek
SUBJECT
Consideration and approval of the regular Council meeting minutes of July 5 and July 19,2005 and
the special meeting minutes of July 28, 2005.
July 5, 2005
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, July 5, 2005, 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: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and
Weitkunat.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Mayor Hutchinson stated participants would have three minutes to speak.
Marcia Denney spoke regarding vacant problem properties and their impact on neighborhoods. She
described one situation in the Southridge subdivision and another situation on Huntington Circle in
which the neighbors were taking care of a vacant property to preserve property values in the
neighborhood. She urged the Council to create an ordinance that would deal with such properties
and the retention of occupancy limits. She asked that the Council take a proactive stand to protect
neighborhoods.
Earl Poppe, 1018 Timber Lane, spoke regarding the nuisance and rental ordinance. He stated his
single-family home neighborhood had deteriorated quickly over the past five years due to problems
with rentals and out-of-town owners.
Melissa Anderson,2107 Constitution Avenue,spoke regarding the Coloradoan article on a possible
downtown Chatauqua-style arts district and stated there was a direct relationship between the vitality
of downtown and the quality of core neighborhoods. She stated unregulated,overcrowded"boarding
houses" were driving people (potential consumers) away from the central neighborhoods. She
stated the"three unrelated"ordinance must be enforced to preserve stable,viable neighborhoods that
would use downtown.
Joanne Malara, 2701 Blackstone Court, Kel-Mar strip business owner, opposed the southwest
enclave annexation. She stated many visitors from around the country come to the Kel-Mar strip
businesses as a destination and then go on to shop in Fort Collins.
Jack Ewing, 3112 Meadowlark Avenue, supported the senior center expansion to serve the "Baby
Boomer" generation.
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Dorothy Spivak, 1914 Lookout Lane,asked the City to fill the vacant bicycle/pedestrian coordinator
position to deal with bike lane and trail problems and actively promote bicycling and walking.
Patty Markley-Hecker, Loveland, spoke on behalf of improved basic transit to the Harmony Road
area for the disabled, elderly and low income families.
Lloyd Walker,Rolland Moore West Neighborhood, stated occupancy limits were designed to solve
two problems: to curb the flight of families from the core of the City by preserving and
strengthening family neighborhoods and to provide suitable housing in proximity to the City's
largest economic engine (Colorado State University). He stated there was a need to house over
6,000 CSU employees and their families and over 20,000 students living off-campus. He stated the
housing needs of the two groups were different. He stated solutions to the problem included
developing mechanisms to effectively enforce existing occupancy limits and respecting and
upholding zoning codes. He stated many comparable cities had a "two unrelated" standard. He
stated the issue of housing off-campus students should be addressed in limited areas around CSU
in the"overlay zone"by creating a public-private partnership of the City,CSU,the rental investment
community and citizens to develop a vision for this zone. He stated this "vision" included higher
density and housing designed for student living. He stated the current "four anywhere" proposal
would allow four unrelated adults to occupy a rental house anywhere in the City by permit and that
this proposal would not address the problem. He stated there needed to be a "well crafted urban
planning solution" instead.
Jenny Shockenwell, Wellington resident and Fort Collins social worker, supported public transit
improvements to make transit more accessible.
Karen Buchanan, 6520 Kyle Avenue, thanked Council for postponing the southwest enclave
annexation.
Courtney Speshky, Director of Community Affairs for ASCSU, spoke regarding the economic
impact on student renters of the "three unrelated" ordinance. She stated ASCSU supported the
proposal to limit occupancy to four adults per household regardless of relationship status,with the
exception of dependants. She stated the proposal was for a magistrate with the ability to limit
particular households to any number.
Gail Zirtzlaff,2048 Manchester Drive,Village West resident,spoke regarding quality of life issues
relating to rental properties.
Antionette Lewis, 2400 North Taft Hill Road, Dial-a-Ride user, spoke in support of funding for a
fixed route bus on Harmony Road to take people to the medical facilities at the Harmony Campus.
Mayor Hutchinson asked if Council would favor continuing Citizen Participation beyond the allotted
30 minutes. The consensus was in favor of continuing Citizen Participation.
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Marcia Fitzhorn, 2101 Rollingwood Drive, 25-year Fort Collins resident, supported funding for
better public transit and stated this was a basic service rather than a luxury.
Joe Collins, 839 Langdale Drive, Kel-Mar Strip business owner, thanked the City for delaying the
southwest enclave annexation. He asked that there be a dialogue on the proposed annexation.
Gary Young, 712 Hillview Court, president of the Scenic Knolls Homeowner's Association,
opposed the southwest enclave annexation because of quality of life issues.
Reginald(Bud) Heron,415 South Howes Street, Senior Advisory Board chair, spoke in support of
the senior center"fitness" expansion.
John Coxson, 5800 Plateau Court, Scenic Knolls, opposed the southwest enclave annexation.
Al Baccili, 520 Galaxy Court, spoke in opposition to the southwest enclave annexation and asked
when Harmony and College would be"fixed."
Citizen Participation Follow-up
On behalf of the Council,Mayor Hutchinson thanked those who spoke during Citizen Participation.
Councilmember Roy stated he was aware of abandoned houses in his and other districts and asked
if the City had tools to deal with such houses. City Manager Atteberry stated he did not believe that
the City currently had the tool to enforce in these situations. He stated staff was meeting to discuss
the issue of abandoned houses to determine what could be done. City Attorney Roy stated some
abandoned houses that had become unsafe could fall under the Dangerous Building Code. He stated
there were weed regulations and that staff would be looking at other kinds of regulations that could
address concerns about"unsightly"buildings.
Councilmember Roy stated he was concerned about quality of life issues in neighborhoods with
rentals. He stated the Council understood the need to look at a grid transit system and that Council
would be looking at the budget to determine if needs that were not being met could be addressed.
Councilmember Kastein spoke regarding the public meeting he held on June 16 and stated there was
a lot of discussion at that meeting regarding the southwest enclave annexation. He stated he had
asked staff to put together another public meeting prior to future consideration of the proposed
annexation. He stated he was interested in more information on the benefit of the annexation to the
City.
Councilmember Ohlson commented on the "devastating impact" of illegal rental units and
abandoned homes across the City. He stated he would look forward to Code changes to better deal
with such issues throughout the City, and not just in upscale parts of town such as Southridge.
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Agenda Review
City Manager Atteberry reported that there were no changes to the published agenda.
Councilmember Ohlson withdrew item#23 Resolution 2005-072 Authorizing a Revocable Permit
to Northern Colorado Water Association,for a Period of Up to Two Months on Meadow Springs
Ranch for the Purpose of an Environmental Study and Survey from the Consent Calendar.
Councilmember Kastein withdrew item 914 Second Reading of Ordinance No. 070, 2005, Making
Various Amendments to the City of Fort Collins Land Use Code from the Consent Calendar.
CONSENT CALENDAR
6. Consideration and Approval of the Regular Council Meeting Minutes of May 17,2005 and
June 7, 2005.
7. Postponement of the Second Reading of Ordinance No. 052, 2005, Vacating a Portion of
Right-of-Way as Dedicated on the Plat of Prospect Industrial Park, to July 19, 2005.
Second Reading of this Ordinance is being postponed to July 19, 2005. The item needs to
be delayed until such time as the dedication of right-of-way and utility easements for the new
cul-de-sac location has been provided. The adjacent/requesting property owner is working
on getting the dedication documents signed, but was not able to get this completed in time
to meet the submittal deadlines for this meeting.
8. Second Reading of Ordinance No. 061,2005, Appropriating Unanticipated Revenue in the
Street Oversizing Fund and Authorizing the Transfer of Almropriations from the Street
Oversizing Fund to the Capital Project Fund - Trilby and Ziegler Road Improvements
Project.
The construction of Kinard Junior High School requires minor arterial street improvements
for Ziegler Road adjacent to the school property. Staff worked with the Poudre R-1 School
District in an effort to coordinate the completion of Ziegler between Trilby Road and
Kechter Road as well as the connection of Trilby between Timberline Road and Kechter.
The improvements will be to an important segment of roadway which will provide primary
access to the new Kinard Junior High School projected to open in the fall of 2006. This
project is funded entirely through developer contributions and the construction will be
managed by the City Street Oversizing Program staff. Ordinance No. 061, 2005, was
unanimously adopted on First Reading on June 7, 2005.
9. Second Reading of Ordinance No. 062, 2005, Anoroving the Terms of the City's Lease of
Building 15, Old Town Square, Fort Collins, Colorado.
In order for this property to become tax exempt, state law requires that the Council approve
the terms of the lease by this Ordinance, which was unanimously adopted on First Reading
on June 7, 2005.
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Since February 1996, the City has been leasing space in Old Town Square for the Police
Services District One office. Police Services has leased the present Old Town Square
location since January 1,2000,which term ended and then renewed for one year on January
1,2004. The present lease term commenced January 1,2005 and will expire December 31,
2009. Lease payments under the new lease will include base rent,common area maintenance
("CAM")expenses,insurance,utilities and taxes(should they apply). Base rent for the first
year shall be $11.00 per square foot based on 2,075 square feet. The second and third year
base rents shall escalate to $12.00 per square foot. The fourth year will escalate to $13.00
per square foot, and the fifth year to $14.00. This escalation was based upon a negotiated
amount in line with market rents. CAM, insurance and utilities are based on the City's pro
rata share. For the first year the estimated prorated monthly charges amount to $1.90 per
square foot for CAM, $.28 per square foot for insurance, and $2.13 per square foot for
utilities.
10. Second Reading of Ordinance No. 063, 2005, Authorizing a Deed of Easement for the
Pleasant Valley Pipeline.
In April of 2001, the City of Fort Collins purchased certain real property from the estate of
Robert Udall to be used as the Reservoir Ridge Natural Area. The City acquired the property
along with any existing easements of record. Prior to the City obtaining title to the property,
Robert Udall had granted an easement to Northern Colorado Water Conservancy District
(NCWCD)for the Pleasant Valley Pipeline,which is used by Fort Collins Utilities to convey
water. In March of 2005, NCWCD determined that the legal description used for the
original easement was incorrect (it referenced an incorrect Range), making the original
easement defective. Because the City is the current owner of record the City has been asked
to approve
a Deed of Easement correcting the legal description error. Once approved, NCWCD will
record the document and provide a copy for City records.
Ordinance No. 063, 2005, was unanimously adopted on First Reading on June 7, 2005.
11. Second Reading ofOrdinance No.064,2005,Authorizing the Dedication of a Parcel of Land
and a Permanent Public Transportation Easement to the City of Loveland on Jointly Owned
City and City of Loveland Property at the Fort Collins-Loveland Municipal Airport.
The City of Loveland is seeking to construct a roundabout at the intersection of Crossroads
Boulevard and Rocky Mountain Avenue in order to facilitate airport area development and
improvements.
Staff has determined that cooperating with Loveland in completing the planned
improvements will be of general benefit to the Airport. In addition,due to Federal Aviation
Administration ("FAA") funding for the Airport, it is anticipated that the City would be
required to pay to the FAA any compensation required from Loveland for the conveyances.
Consequently, staff is recommending that no compensation be required in this instance.
Ordinance No. 064, 2005, was unanimously adopted on First Reading on June 7, 2005.
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12. Items Relating to the Kingdom Hall Annexation and Zoning.
A. Second Reading of Ordinance No. 065, 2005, Annexing Property Known as the
Kingdom Hall Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No.066,2005,Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Kingdom Hall Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 3.87 acres in
size. The site is 2104 Kechter Road and located at the northeast corner of South Timberline
Road and Kechter Road. Contiguity with the existing municipal boundary is gained along
the entire west boundary which abuts Timberline Road the Willow Springs subdivision. The
requested zoning is U-E,Urban Estate. This zoning complies with the Structure Plan Map.
Ordinance Nos. 065 and 066,2005,were unanimously adopted on First Reading on June 7,
2005.
13. Second Reading of Ordinance No. 067, 2005, Accepting the Abandoned Portion of State
Highway 68 (Harmon Road) from Mile Post 0.00 to Mile Post 4.468 as part of the Cit}_'s
Street System.
The Colorado Department of Transportation(CDOT)and City of Fort Collins Transportation
Services have been discussing the transfer of ownership of Harmony Road from CDOT to
the City of Fort Collins for many years. This 4.5 mile section of road is developing into an
urban arterial. CDOT made proposals for transfer of ownership of Harmony Road in the
past, but the City resisted because of the additional costs involved.
In the most recent discussions CDOT offered funds in a one-time payment to the City to fund
upgrades and offset the cost of maintenance cost over the next 20 years. CDOT and the
City's Transportation staff worked together to develop estimates for the 20 year
maintenance. CDOT will retain maintenance responsibility for the portion of Highway 68
between the west frontage road and 1-25, including the frontage road intersection. The City
will accept responsibility for the portion west of the frontage road. CDOT is offering a one-
time payment of$13,700,000 to the City to take ownership on this section of Harmony Road.
There is some urgency to this matter because part of these funds need to be committed by
CDOT within its current fiscal year(before July 31, 2005).
Ordinance No. 067, 2005, was unanimously adopted on First Reading on June 7, 2005.
14. Second Reading of Ordinance No. 070, 2005, Making Various Amendments to the City of
Fort Collins Land Use Code.
Staff has identified a variety of proposed changes, additions and clarifications in the Spring
biannual update of the Land Use Code. On May 19, 2005, the Planning and Zoning Board
considered the proposed changes and voted 6-0 to recommend approval of the proposed
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changes to City Council. The Board then voted 5-1 to recommend to Council that staff be
directed to reexamine the neighborhood compatibility criteria related to Small Scale
Reception Centers.
Ordinance No 070, 2005, was unanimously adopted on First Reading on June 7, 2005. The
Ordinance has been slightly amended since First Reading. A memo explaining the change
is attached.
15. Second Reading of Ordinance No. 071, 2005, Amending Chapter 2, Article 5 of the City
Code Pertaining to Administrative Organization.
This Ordinance, which was unanimously adopted on First Reading on June 7, 2005, makes
the necessary Code amendments involving the restructuring of Administrative Services and
Communication and Technology Services. These changes are recommended to ensure a
more consistent approach towards improving accountability and increasing efficiencies in
the services these two areas support.
16. First Reading of Ordinance No. 072, 2005, Authorizing the Lease of City-Owned Property
at 812 North Shields Street, Fort Collins. Colorado, for Up to Five Years.
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 is currently leased.
17. First Reading of Ordinance No. 073, 2005, Authorizing the Lease of City-Owned Property
at 4913 South College Avenue, Fort Collins. Colorado. for Up to Five Years.
This house is located on property owned by the City of Fort Collins. Until the land is
utilized,renting the house will generate revenue and will discourage vandalism. This action
will approve the leasing of the property for up to five years.
18. First Reading of Ordinance No. 074, 2005, Authorizing the Conveyance of Non-exclusive
Easements for the Construction of Home State Bank on the Northwest Corner of Raintree
Drive and Shields Street.
Home State Bank is requesting various easements from the City to facilitate construction of
a new bank which will be located on a portion of Tract "F", Raintree Planned Unit
Development at the northwest corner of Raintree Drive and Shields Street, adjacent to the
Fort Collins Senior Center.
In order to complete the project, Home State Bank is asking the City to grant several
easements on Senior Center property. Home State Bank will pay all costs associated with
the construction of the bank and upon completion of the construction project will restore the
easement areas to an equivalent or better condition as prior to construction.
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19. First Reading of Ordinance No. 075, 2005,Appropriating Unanticipated Grant Revenue in
the General Fund for the Operation of the Fort Collins Welcome Center.
The Colorado legislature created the Colorado Tourism Board(the"Board")and authorized
the Board to operate state welcome centers. The Board determined that the state welcome
center for Fort Collins would be more efficiently and effectively operated by the City of Fort
Collins. In August of 2000, the Colorado Tourism Office was created and was authorized
to operate such welcome centers.
Pursuant to Resolution 1999-097, the City contracted with Colorado State University for
visitor center space at the Environmental Learning Center/Visitors Center to the south of
Prospect Road,approximately one-quarter mile west of Interstate 25. The City, in its effort
to welcome visitors to Fort Collins through the activities of its convention and visitor
services contractor,the Fort Collins Convention and Visitors Bureau(the"CVB"),will use
the space for the Fort Collins welcome center. The CVB, in addition to promoting tourism
activity, will operate the welcome center pursuant to amendments to the City's agreement
with CVB, and consistent with the City's grant agreement with the State of Colorado.
20. Resolution 2005-069 Approving
Expenditures from the Art in Public Places Reserve Account
in the Cultural Services and Facilities Fund to Commission an Artist Team to Create Art and
Flood Alert Elements for Walls on the Fossil Creek Trail Project.
This Resolution approves expenditures of $16,340 for design, materials, installation and
contingency for a project with artist Mario Miguel Echevarria of Design Tria to create walls that
will serve as a visual warning system to identify the water levels of the adjacent creek and also
speak to the prehistoric history of that area.
21. Resolution 2005-070 Finding Substantial Compliance and Initiating Annexation Proceedings
for the State Highway 14—East Frontage Road Annexation.
The State Highway 14 — East Frontage Road Annexation is 35.86 acres in size. The site is
located on the east side of the I-25 East Frontage Road approximately one-quarter mile south
of State Highway 14(East Mulberry Street). Contiguity with the existing municipal boundary
is gained along the entire southern boundary which is shared with the north property line of the
Galatia Annexation(230 acres). The recommended zoning is L-M-N,Low Density Mixed-Use
Neighborhood.
The proposed Resolution states that it is the City's intent to annex this property and directs that
the published notice required by State law be given of the Council's hearing to consider the
needed annexation ordinance. The hearing will be held at the time of First Reading of the
annexation and zoning ordinances on August 16, 2005. Not less than 30 days prior,published
notice is required by State law.
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22. Resolution 2005-071 Finding Substantial Comoliance and Initiating Annexation Proceedings
for the Waterdale Annexation.
The Waterdale Annexation is 38.69 acres in size. The site is also known as Sunflower
Manufactured Home Subdivision and is generally located south of East Mulberry Street
approximately one-half mile east of Interstate 25. Contiguity with the existing municipal
boundary is gained along the entire south and a portion of the west boundaries which abut the
State Highway 14—East Frontage Road Annexation.
The proposed Resolution states that it is the City's intent to annex this property and directs that
the published notice required by State law be given of the Council's hearing to consider the
needed annexation ordinance. The hearing will be held at the time of First Reading of the
annexation and zoning ordinances on August 16, 2005. Not less than 30 days prior,published
notice is required by State law.
23. Resolution 2005-072 Authorizing a Revocable Permit to Northern Colorado Water Association,
for a Period of Up to Two Months on Meadow Springs Ranch for the Purpose of an
Environmental Study and Survey.
Northern Colorado Water Association ("NCWA") is planning to construct an additional
waterline from its storage tanks, located on a portion of Meadow Springs Ranch, to its
distribution system approximately eight miles to the south. NCWA is submitting a request for
an easement across a portion of the City-owned Meadow Springs Ranch. It is City policy to
require an applicant to perform an environmental audit on the City property that will be affected
by the proposed work. In order for NCWA to perform this audit, the City needs to grant a
revocable permit to NCWA allowing access to City land. This permit will only be in effect for
up to two months.
24. Resolution 2005-073 Reestablishing a Telephone Exchange Access Facility Charge and a
Wireless Communications Access Charge for the Larimer Emergency Telephone Authority
Effective January 1, 2006.
The Larimer Emergency Telephone Authority(LETA)was created in 1990 pursuant to C.R.S.
Section 29-11-101,et.seq.,by an intergovernmental agreement between the City of Fort Collins
and nineteen other governmental entities in Larimer County.
The telephone exchange access facility charge of fifty cents($.50)per month became effective
January 1, 1991,by approval of the Fort Collins City Council. This fee remained the same each
year by annual approval of the LETA Board,until 1998 when the LETA Board decreased the
fee by 10%to the current forty-five cents($.45). The wireless communications access charge
was first established at forty-five cents ($.45) commencing on April 1, 1998.
The LETA Board has approved a telephone exchange access facility charge and a wireless
communications access charge effective January 1, 2006, each at the rate of forty-five cents
(S.45) per month.
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These surcharges to telephone subscribers are necessary to continue to adequately fund the
Emergency 911 telephone service in the City of Fort Collins through 2006. By approving this
Resolution,the Council will be authorizing telephone and wireless telephone service providers
to collect the telephone exchange access facility charge and wireless communications access
charge.
25. Resolution 2005-075 Authorizingth e Mayor to Execute a Restatement and Amendment to the
Intergovernmental Agreement with Colorado State University for the Transit Center located at
the Lory Student Center.
This Restatement and Amendment to the Intergovernmental Agreement represents the
respective rights and obligation of the City and the University concerning the development,
maintenance, operation, use, and the ultimate retirement of the transit center. The most
significant changes from the previous intergovernmental agreements are the University has
agreed to pay the operation and maintenance expenses for the transit center in exchange for
design improvements and collecting the revenue from the various parties occupying the facility.
The City has been requesting federal capital funds since 2000 to build the transit center. The
final federal allocation was authorized in 2005. The bidding for the indoor transit center facility
is scheduled for July 8, 2005 with construction beginning this fall. Construction is scheduled
for completion in July 2006.
26. Resolution 2005-076 Authorizin the he City Manager to Enter Into a Grant Agreement with the
State Board of the Great Outdoor Colorado Trust Fund for Development of the Fossil Creek
Trail Underpass at State Highway 287.
The project will construct approximately one mile of new trail for the Fossil Creek Trail system.
It will provide for the crossing of Highway 287 (College Avenue) via an existing box culvert
and new concrete trail paving on both sides. This project will provide immediate connection
to the Mason Street Corridor trail project and the South College Bike Lanes project. Future
Fossil Creek Trail connections from the underpass west of College Avenue to Shields Street and
east of College Avenue to Fossil Creek Community Park and beyond are being planned.
The project has been coordinated with several local and state agencies. These agencies include;
Colorado Department of Transportation,City of Fort Collins Transportation Planning,Natural
Resources, Stormwater Utilities, and Fort Collins Loveland Water District.
The project will be completed and open to the public in 2006.
27. Routine Easements.
A. Deed of Easement Dedication from Rigden Farm,LLC,for a sanitary sewer,located on
East Drake Road. Monetary consideration: $10. (See Map#1).
B. Temporary Construction Easement from Rigden Farm, LLC, located on East Drake
Road. Monetary consideration:$10. (See Map#1).
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***END CONSENT'
Ordinances on Second Reading were read by title by City Clerk Krajicek.
8. Second Reading of Ordinance No. 061, 2005, Appropriating Unanticipated Revenue in the
Street Oversizing Fund and Authorizing the Transfer of Appropriations from the Street
Oversizing Fund to the Capital Project Fund-Trilby and Ziegler Road Improvements Project.
9. Second Reading of Ordinance No. 062, 2005, Approving the Terms of the City's Lease of
Building 15, Old Town Square, Fort Collins, Colorado.
10. Second Reading of Ordinance No.063,2005,Authorizing a Deed of Easement for the Pleasant
Valley Pipeline.
11. Second Reading of Ordinance No. 064,2005,Authorizing the Dedication of a Parcel of Land
and a Permanent Public Transportation Easement to the City of Loveland on Jointly Owned City
and City of Loveland Property at the Fort Collins-Loveland Municipal Airport.
12. A. Second Reading of Ordinance No. 065, 2005, Annexing Property Known as the
Kingdom Hall Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 066, 2005, Amending the Zoning Map of the Citv
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Kingdom Hall Annexation to the City of Fort Collins, Colorado.
13. Second Reading of Ordinance No. 067, 2005, Accepting the Abandoned Portion of State
Highway 68(Harmony Road)from Mile Post 0.00 to Mile Post 4.468 as part of the City's Street
System.
14, Second Reading of Ordinance No.070,2005,Making Various Amendments to the City of Fort
Collins Land Use Code.
15. Second Reading of Ordinance No. 071,2005,Amending Chapter 2,Article 5 of the City Code
Pertaining to Administrative Organization.
32. A. Second Reading of Ordinance No.068,2005,Annexing Property Known as the Sunrise
Ridge Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 069, 2005, Amending the Zoning Map of the City
ofFort Collins and Classifying for Zoning Purposes the Property Included in the Sunrise
Ridge Annexation to the City of Fort Collins, Colorado.
34. Second Reading of Ordinance No.057,2005,Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Dry Creek Drainage Improvements Project-East Vine Diversion Channel.
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Ordinances on First Reading were read by title by City Clerk Krajicek.
16. First Reading of Ordinance No. 072, 2005,Authorizing the Lease of City-Owned Property at
812 North Shields Street, Fort Collins, Colorado, for Up to Five Years.
17. First Reading of Ordinance No. 073, 2005, Authorizing the Lease of City-Owned Property at
4913 South College Avenue, Fort Collins. Colorado, for Up to Five Years.
18. First Reading of Ordinance No. 074, 2005, Authorizing the Conveyance of Non-exclusive
Easements for the Construction of Home State Bank on the Northwest Corner of Raintree Drive
and Shields Street.
19. First Reading of Ordinance No.075,2005,Appropriating Unanticipated Grant Revenue in the
General Fund for the Operation of the Fort Collins Welcome Center.
31. First Reading of Ordinance No.076,2005 Amending Chapter 26,Article III,Division 4 of the
Code of the City of Fort Collins Relating to User Rates and Charges for Water.
33. First Reading of Ordinance No. 077, 2005, Authorizing the Sale of City-owned Property
Consisting of a Portion of Block 33, Fort Collins, Colorado, to Penny Flats, LLC.
Councilmember Weitkunat made a motion,seconded by Councilmember Brown,to adopt and approve
all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Consent Calendar Follow-up
Councilmember Roy spoke regarding item#22 Resolution 2005-071 Finding Substantial Compliance
and Initiating Annexation Proceedings for the Waterdale Annexation. He noted that contiguity did not
exist at this point and asked staff to explain how proceedings could begin on the annexation. City
Attorney Roy stated if the first annexation proceeded to completion that contiguity would exist for the
second annexation. He stated the State law provided that contiguity could be established by the
annexation of one or more parcels in a series of annexations that could be completed and considered
simultaneously. He stated a similar process had also been followed on other occasions.
Councilmember Kastein stated he wanted a discussion about item 2.12.4 in item#14 when the pulled
Consent Calendar item was brought forward later in the meeting.
Councilmember Weitkunat commented regarding item#19 First Reading of Ordinance No. 075, 2005,
Appropriating Unanticipated Grant Revenue in the General Fund for the Operation of the Fort Collins
Welcome Center.
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Staff Reports
City Manager Attebeny reported that the Shop Fort Collins First program won the Bronze Quill Award
from the Colorado Chapter of the International Association of Business Communicators and first place
in the "low budget, high impact" category. He also reported that the City's Affordable Housing
program received the prestigious 2005 Robert L. Woodson, Jr. Award.
Councilmember Reports
Councilmember Weitkunat reported on the Colorado Municipal League Conference in Vail and a
meeting that she and the Mayor had with the Poudre Fire Authority on the operation of PFA. She stated
PFA was concerned that illegal fireworks was a growing problem. She stated she had requested that
ideas be brought forward from the police and fire departments about ways to address that problem.
Ordinance No. 076, 2005,
Amending Chapter 26,Article III, Division 4 of the Code of the City of
Fort Collins Relating to User Rates and Charges for Water, Postponed Indefinitely
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Although the Ordinance does not significantly impactprojected revenues in the Water Fund, the impact
on individual single family and duplex customers will vary according to their water use. The customer
impacts are illustrated in the "Single Family Rate Comparison" table below.
EXECUTIVE SUMMARY
At the May 25, 2005 worksession,several Councilmembers requested an ordinance to revise the water
rates for single family and duplex customers. As requested, this Ordinance would eliminate the tiers
and return to a flat or uniform rate structure similar to that in place before the tiered structure was
implemented in January 2003.
BACKGROUND
In response to discussion at the Council's May 10, 2005 work session, Michael B. Smith, Utilities
General Manager,provided to City Council a memo discussing the pros and cons ofseveral water rate
options. Upon receiving the memo,several Councilmembers voiced support at the May 25, 2005,work
session to make a change in water rates to be effective this summer. Staffwas requested to prepare an
ordinance to return to a flat (uniform) rate structure, similar to the rate that was in place prior to
January 2003. The rate change is shown below:
Single Family Water Rates Existing 4-Tier Rate Proposed Ordinance
Structure Flat Rate
Base charge per month $12.72 $12.72
0-7,000 gallons $1.781 per 1000 gal. $2.155 per 1,000 ga1.
7,001-13,000 gallons $2.141 per 1000 gal. $2.155 per 1,000 gal.
13,001-20,000 gallons $2.565 per 1000 gal. $2.155 per 1,000 gal.
Over 20,000 gallons 1 $3.074 per 1000 gal. I $2.155 per 1,000 gal.
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*Note: This includes a six percent Payment-in-Lieu-of Taxes ("PILOT') that will continue to
be collected along with the revised rates set out in the Ordinance,in accordance with City
Charter and existing City Code provisions that remain unchanged
Although the Ordinance does not significantly impact projected revenues in the Water Fund, costs will
shift between customers. In general, the bills for customers using less than 20,000 gallons per month
will increase and the bills for customers using more than 20,000 gallons will decrease. The following
tables and graphs show the costs for a single-family customer:
Single Family Water Rate Comparison
Monthly Proposed
Water Use in Existing Ordinance Increase
Gallons 4-Tier Rate Flat Rate (Decrease)
2,000 $ 16.28 $ 17.03 $ 0.75
3,000 $ 18.06 $ 19.19 $ 1.12
4,000 $ 19.84 $ 21.34 $ 1.50
5 000 $ 21.63 $ 23.50 $ 1.87
6,000 1 $ 23.41 $ 25.65 $ 2.24
7,000 $ 25.19 $ 27.81 $ 2.62
8,000 $ 27.33 $ 29.96 $ 2.63
9,000 $ 29.47 $ 32.12 $ 2.65
10,000 $ 31.61 $ 34.27 $ 2.66
15,000 $ 43.16 $ 45.05 $ 1.88
20,000 $ 55.99 $ 55.82 $ 0.17
25,000 $ 71.36 $ 66.60 $ 4.76
30000 $ 86.73 $ 77.37 $ 9,36
40,000 $ 117.47 $ 98.92 $ 18.55
50,000 $ 148.11 $ 120.47 $ 27.74
75,000 $ 225.06 $ 174.35 $ 50.71
100,000 $ 301.91 $ 228.22 $ 73.69
150,000 $ 455.61 $ 335.97 $ 119.64
200,000 $ 609.31 $ 443.72 $ 165.59
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July 5, 2005
Single Family Water Rate Comparison
$275
$250 - - - - - ---
$225 — -- --
L
$200 -- - - -- -
c $175 --- - - - - - -
0
2 $150 --- -- - -
a $125 - - - - - - -- --
m $100 -
U $75
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C O O O O C C O 00
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C O C O O C a O O O 0 C 0 0 C 0
N N M M V < N YW1 Q INO r r M
Gallons per Month
FCurrent 4 Tier Rate +Proposed 2005 Flat Rate
Staff has identified the following pros and cons of adopting the proposed fat rate:
Pros:
• Perceived as more equitable (large lots versus small lots)
• Simple rate structure
• Greater revenue stability
Cons:
• Not perceived as a rigorous conservation rate
• Less likely to result in lower overall water consumption
• Federal permitting for the Halligan Project could be in jeopardy due to the
reduced emphasis on conservation indicated by the change back to a fat rate
structure"
City Manager Atteberry introduced the agenda item.
Brian Janonis, Utilities Services, stated staff would have a brief presentation on the agenda item.
Terry Bryant,Utilities Chief Financial Officer, stated at the May 10 Study Session the Council asked
staff to provide an analysis of several rate options and that at the May 25 Study Session the Council
requested that staff prepare an ordinance to return to the flat(uniform) residential rate. She presented
information comparing the flat rate with the existing four-tier rate structure for single-family residences.
She stated the rate change would not significantly impact the Water Fund revenue. She stated it would
shift costs for customers. She stated customers who used less than 20,000 gallons per month would see
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July 5, 2005
an increase in their monthly bill and that customers who used more than 20,000 gallons per month
would see a decrease in their monthly bill.
Nancy York, 130 South Whitcomb, spoke in favor of retaining the four-tier rate structure. She stated
the majority of Fort Collins residents would see an increase in their water bill with a change to a flat fee.
She stated the four-tier rate system promoted water conservation and that conserving water could delay
the building of a dam and save taxpayer dollars.
Councilmember Manvel asked for clarification of the rate for the first 20,000 gallons used per month.
Bryant stated users would pay in accordance with the quantity of water used within each tier.
Councilmember Brown asked why the pros and cons analysis indicated that the four-tier rate structure
promoted"strong"conservation measures and the flat rate structure without the base promoted"very
strong"conservation measures. Janonis stated the flat rate structure without the minimum base charge
would mean that everyone would be billed at a higher rate for whatever water was used.
Councilmember Brown asked if water conservation was the only criteria that this rate structure would
best promote that conservation. Janonis replied in the affirmative.
Mayor Hutchinson asked how much water savings could be attributed to the tiered water rates. Dennis
Bode,Water Resources and Treatment Manager, stated there were many variables in the reduction of
water use and that staff did not have a precise number. He stated the reductions that had been
experienced were the result of rainfall in the past few years,continued drought awareness,and the rate
structure. He stated all of the factors contributed to the reduced water use.
Mayor Hutchinson asked if staff had a"best guess"on the savings due to the tiered water rates. Bode
stated he estimated that one-third of the water savings was due to weather, one-third due to drought
awareness and conservation efforts, and one-third due to the rate structure.
Mayor Hutchinson asked if the percentage of water saved due to the tiered water rates was below 50%.
Bode replied in the affirmative.
Mayor Hutchinson asked how effective the conservation education program had been relating to per
capita water conservation. Bode stated reductions of 20-25% had been seen overall. He stated prior
to 2002 there were reductions of about 10%related more directly to conservation and education efforts.
Mayor Hutchinson asked if those figures were better than most cities. Bode stated it was in line with
other cities. He noted that the metering program had a lot to do with conservation efforts.
Mayor Hutchinson asked if the overall reduction in the amount of water used was about 20-25%
because of the effectiveness of conservation efforts. Bode stated in 1990 roughly 235 gallons were used
per person per day and that prior to 2002 the figure was 195 gallons per person per day. He stated this
reduction was due to conservation efforts.
Mayor Hutchinson noted that those reductions took place before tiered water rates were put in place.
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July 5, 2005
Councilmember Ohlson asked if the deadline had passed for 100%metering. He noted that metering
had a large impact on conservation. Bode stated State legislation was passed in 1990 to require
metering and that the City began a program shortly thereafter. He stated the City completed metering
in 2003.
Councilmember Ohlson asked when the State's deadline was for 100% metering. Bode stated the
deadline was 2009.
Councilmember Kastein asked about the cash in-lieu-of water rights program. Bode stated developers
had the choice of providing water rights or a cash fee in-lieu-of water rights.
Councilmember Kastein asked if the cash fee was tied to the size of the lot. Bode replied in the
affirmative.
Councilmember Kastein asked if it could be argued that a large lot water user was paying ahead of time
for the capacity that would be needed over time. Bode replied in the affirmative.
Councilmember Kastein asked if there were additional costs to make changes to the billing system if
the rate structure was changed. Janonis stated changing to a flat rate structure would not result in much
additional cost. He stated the change could be implemented quickly after notification to customers and
public announcements.
Councilmember Kastein stated he understood that the tiered rate structure was favored by the federal
government in evaluating future projects such as the Halligan Reservoir expansion. He asked how
important it was to have a tiered rate structure and whether a flat rate that could be adjusted in times of
drought would be viewed favorably by the federal government. Janonis stated the Army Corps of
Engineers did not specify what kind of rate structure the municipality should have and did value water
conservation measures highly when considering the purpose and need for a project. He stated tiered
rates or a"conservation rate"were a key element in federal review of a project. He stated if the City
reverted to a flat rate the federal government would want to know how the City would offset the loss
of conservation attributed to the tiered rate.
Councilmember Kastein asked if a supply sensitive flat rate cost structure could be considered to be a
conservation measure. Janonis stated a flat rate was generally not considered to be a conservation
measure.
Councilmember Kastein asked if a tiered rate with marginally different rates would be considered to be
a conservation measure. Janonis stated one suggestion was made to use a tiered rate that would vary
the rate of tier increases based on the water supply i.e. in drought times there would be a higher tiered
rate.
Councilmember Kastein asked why the"true flat rate"was not favored by staff. Bryant stated 95%of
the costs were fixed costs and that plants and distribution system were built to serve the customer for
the maximum amount that the customer may or may not use. He stated the fixed costs must be covered
with a fixed rate and per gallon usage rate.
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July 5, 2005
Councilmember Kastein asked if adjusting the rates within the tiered rate structure could be
implemented as quickly as the flat rate. Janonis stated the change could be implemented quickly
provided there were the same number of tiers. He stated notification would need to be sent out to
customers before implementation.
Councilmember Brown asked if there was a formula or a required minimum cost per gallon that the
federal government considered to be a"tiered rate" Janonis stated there was no specific formula and
that the federal government would be more interested in the conservation"message"sent to customers.
Councilmember Brown asked for clarification of one of the cons of the flat uniform rate structure.The
option without the base charge contributes to a higher perception of inequity for large lots versus small
lots and the shift of more costs from low water users to high water users.
Councilmember Manvel stated a very high rate would be needed if there was no base charge and that
large water users would have much larger bills,while small water users would have much lower bills.
He stated those with large lots would see such a rate structure as very unfair.
Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to direct staff to
complete an evaluation of a reduced tiered rate for this season and investigate a form of water budgeting
for the 2006 water cycle.
Mayor Hutchinson asked if the intent was to bring forward the other two systems in addition to the flat
rate system.
Councilmember Kastein stated he did not favor consideration of a flat rate system because he was
concerned about the impact on the Halligan Reservoir project. He stated the tiered rates were valued
as a conservation measure and could be adjusted depending on water supply conditions. He stated an
adjustment could be made to the tiered rates this year because of the improved water supply. He stated
he would like to see more work on the water budgeting approach.
City Attorney Roy asked how many options staff was to bring back for consideration and if the intent
was to postpone consideration of this ordinance until additional staff work could be completed as
directed.
Mayor Hutchinson stated it was his understanding that the motion was to bring back two other options
—a reduced tier option and a water budgeting option.
Councilmember Weitkunat suggested a vote on the motion.
City Attorney Roy stated it was unclear whether postponement or adoption of the ordinance was part
of the motion.
Councilmember Kastein stated in the short term he wanted to adjust the tiered water rates for this season
and evaluate a water budgeting rate structure for the long term. He stated he would not support flat rates
at this time.
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July 5, 2005
THE MOTION WAS WITHDRAWN
Councilmember Kastein made a motion,seconded by Councilmember Roy,to postpone Ordinance No.
075, 2005 indefinitely.
Councilmember Ohlson stated the flat rate structure had been discussed for months and asked why there
was no longer support for such a rate structure. He asked if the issue was the Halligan Reservoir project.
Councilmember Manvel stated he had not supported changing from the tiered rate structure. He stated
he had been talking to people about water rates because he was committed to learning about issues and
possibilities. He stated the two possibilities in this situation appeared to be the flat rate structure and
the tiered rate structure. He stated there appeared to be other possibilities, such as a "true flat rate"
(without the per lot base charge of$13.00 per month) that would result in a high charge per 1,000
gallons. He stated water budgeting was a complicated option that he did not want to consider. He
showed a graph that he had prepared showing the price per gallon in the flat rate and tiered rate systems.
He stated this graph may convince even large lot owners that the tiered system was a fair system
because the rate per gallon was"flat"above 20,000 gallons of use because the initial fee was amortized
over the extra gallons. He stated he did not believe that the current tiered rate needed to be fixed.
Mayor Hutchinson stated the decision to postpone required some discussion. He stated his position on
rates during the election was focused on the unfairness of the tiered rates for people who had larger lots
that contribute to the quality of life in Fort Collins. He stated he was interested in devising a system that
would be more fair. He stated he would be interested in looking at the water budgeting system again
because it would be based on a baseline of winter water consumption and lot size. He stated he would
support postponement of this ordinance to look at options such as water budgeting,which was more fair
and would be a water conservation program. He stated his concern was a fairer rate structure that would
promote water conservation.
Councilmember Roy stated the water rate issue linked to the issue of occupancy discussed earlier in the
meeting. He stated the number of people living in the home impacted winter water consumption.
Councilmember Ohlson stated he had been ready to support the flat rate although he felt that the tiered
rates were the best solution. He stated he wanted a "true flat rate" because he did not believe that
everyone had the same$12.82 fixed cost. He stated he did not favor a flat fee monthly fee charged to
every home regardless of the amount of water used, the size of the lot and location. He stated the flat
monthly fee"skewed"every system and that he would prefer eliminating that. He stated he would like
to look at modifying the flat monthly fee within the tiered system to make it more reasonable. He stated
water budgeting was "fatally flawed" and that this would generate a great deal of debate because it
would punish those who conserved water and reward those who "lived large" and wasted water. He
stated water budgeting was not fair, equitable,just or a water conservation program. He stated he was
interested in Councilmember Kastein's suggestion to modify the tiered rate system depending on water
supply conditions.
The vote on the motion to postpone was as follows: Yeas Councilmembers Brown, Hutchinson,
Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
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July 5, 2005
Councilmember Kastein made a motion,seconded by Councilmember Weitkunat,to direct staffto bring
back to Council in the near future an adjustment to the current rates within the tiered rate water billing
structure.
Mayor Hutchinson asked if the intent was to look at water budgeting.
Councilmember Kastein stated he would have a second motion on water budgeting.
Councilmember Ohlson stated he was unclear about the meaning of the motion because it was revenue
neutral. He asked if those who conserved, small users and the economically disadvantaged would be
paying more and the large users and wasters would be paying less. He asked if there would be an
adjustment to the base rate. He stated under the proposal set forth in the motion the majority of Fort
Collins residents would be paying more on their water bills and a smaller number would be paying less.
Councilmember Kastein stated under his proposal large water users would pay less and small users and
a majority of residents would see an increase. He stated under the flat rate structure the small user
would see a$1-2 increase per month and the large water users would see a $0-20 per month increase.
He stated not all large water users were"economically advantaged." He stated it was a"fatal flaw"in
the thinking about tiered rates that because you had a large yard that you were"independently wealthy."
He stated the tiered rate structure was a conservation measure but that it was unfair to those with larger
lots. He stated the up front cash in-lieu-of water rights fee paid up front was more for larger lots and
that this was the right mechanism for charging people who had larger lots for the water they would use
in the future. He stated large lots were now being discouraged in Fort Collins and that water was
actually being"wasted"because of that. He stated a large lot user in winter months used about the same
amount of water as a small user. He stated there were now five lots per acre that for eight months each
year used more water than three lots used. He stated 30%more water was being used with the higher
density system set out in City Plan than was being used under lower density before City Plan. He stated
the large lots saved the City from having to expand its water capacity earlier. He stated the tiered rate
system was unfair.
Councilmember Roy stated in 2000 residents used 31,594 acre-feet of water and that in 2004 that figure
fell to 24,542 acre-feet. He stated this was enough water to serve over 28,000 people without having
to build additional storage. He stated the City had given a signal to the federal government that the City
was serious about water conservation through the tiered water rates. He stated a reduction in water
consumption for a growing community was an`incredible achievement." He stated the tiered water
rates had sent a "pricing signal' that was important in ensuring the future success of the Halligan
Reservoir. He stated there were 200,892 bills sent out in Tier 1 and 341,555 total bills sent.
Mayor Hutchinson stated the issue on the table was giving direction to staff to bring back information
on the tiered rates. He stated debate would be appropriate when the issue was brought back to the
Council.
Councilmember Marvel asked for confirmation that the motion would direct the staff to bring back
something with adjusted tiered rates. He stated it appeared that the Council wanted to see work done
on"less progressive tiered rates" He stated the motion needed to be made clear with respect to less
escalation of rates as consumption increased.
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July 5, 2005
City Manager Atteberry stated the staff work could not be completed until September and that nothing
could be delivered by August. He stated this would allow time for a more thorough and informed
discussion and review of the options. He stated it was helpful to hear the clarification regarding"less
progressive tiered rates."
Councilmember Brown stated he had questions about what time of the year adjustments of rates should
be discussed. He asked if staff recommendations would be based on snow pack, growth, storage
capacity, or last year's water use.
Mayor Hutchinson stated staff could come back with adjustments and the current tiered structure as
appropriate during a drought year.
Councilmember Ohlson suggested asking staffto look at adjusting the flat rate as well as the tiered rates.
He stated he would like to see staff justify the monthly base charge with the tiered rates.
Councilmember Kastein stated he would accept having staff look at the monthly base charge.
Mayor Hutchinson asked if that needed to be part of the motion.
Councilmember Kastein stated if the work could not be done this season,this changed things. Janonis
stated implementation of the rate changes could be done quickly but that the rate analysis work would
take some time.
Mayor Hutchinson stated it did not seem to be possible to accomplish a change in a few weeks.
Councilmember Kastein stated he would withdraw the motion for the short term change.
Councilmember Weitkunat stated she saw no point in taking the action if it could not be implemented
in time to make a correction.
Mayor Hutchinson stated he believed that there would still be value in looking at adjustments to the
system even if the changes could not be implemented for this season.
Councilmember Kastein stated he would support directing staff to bring back for discussion on a yearly
basis beginning in 2006 adjustments to tiered rates based on established criteria.
(Secretary's Note: The Council took a recess at this point.)
Councilmember Kastein stated the motion was to ask staff to evaluate the rates within the tiered
structure and to bring back to Council a proposal after due diligence.
Councilmember Roy stated his understanding was that staff would look at base rates and tiered rates.
City Manager Atteberry stated the base rate within the tier was what was being discussed. He stated
he understood that there was interest in looking at a modified tier and also looking at the base rate within
the tier.
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July 5, 2005
Mayor Hutchinson stated this was his understanding of the discussion. He stated the term"base rate"
could be a misnomer. He stated the Council wanted to understand the rationale for that base rate. He
suggested that rather than"base rate"it could be called an"administrative billing fee" or"connection
fee" and a cost of doing business. He asked if there was consensus on the direction regarding "less
progressive tiered rates."
Councilmember Kastein stated his intent was that there be less variation between tiers.
Councilmember Manvel stated Councilmember Kastein was interested in less progressive tiers and that
Councilmember Ohlson was interested in a smaller base.
Councilmember Ohlson stated he would prefer the current system, except for the set monthly fee. He
stated he would support the motion.
Mayor Hutchinson supported the motion.
Councilmember Manvel stated the system may need to have some sort of formula or factors to
determine the level of rates. He supported having the staff look at that issue.
The vote on the motion was as follows: Yeas: Councilmembers Brown,Hutchinson,Kastein,Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Items Relating to the Sunrise Ridge Annexation and Zoning,Adopted on First Reading
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 068, 2005,Annexing Property Known as the Sunrise Ridge
Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 069, 2005, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Sunrise Ridge
Annexation to the City of Fort Collins, Colorado.
This is a 100%voluntary annexation and zoning of a property approximately 10.34 acres in size. The
site is 5101 South Strauss Cabin Road located approximately one-half mile south of East Harmony
Road on the west side of Strauss Cabin Road. Contiguity with the existing municipal boundary is
gained along the entire west boundary which is shared with the east property line of the Willow Brook
Subdivision(Observatory Village). Contiguity is also gained along the entire northern boundary which
is shared with the south property line of Brookfield Subdivision(Morningside Townhomes). Ordinance
Nos. 068 and 069, 2005, were unanimously adopted on First Reading on June 7, 2005.
(Councilmember Manvel abstained from voting on Ordinance No. 69, 2005)"
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July 5, 2005
City Manager Atteberry stated staff was available to answer any questions.
Councilmember Weitkunat made a motion, seconded by Councilmember Manvel,to adopt Ordinance
No. 068, 2005 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers
Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Weitkunat made a motion,seconded by Councilmember Manvel,to adopt Ordinance
No. 069, 2005 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers
Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Ordinance No. 077,2005,
Authorizing the Sale of City-owned Property Consisting of a Portion of
Block 33, Fort Collins, Colorado,to Penny Flats,LLC,Adopted on First Readine
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Under the proposed sales agreement, the City would receive, over the life of the agreement, the
appraised value of the property, $1,624,000, plus interest at seven percent per year on any unpaid
portion. Additional positive financial impacts for the City include sales and use tax on construction
materials, associated user fees, and impact fees. (See Attachment 2 for a financial impact summary)
EXECUTIVE SUMMARY
In July 2004, the City Council adopted Resolution 2004-081 setting out a process for selling portions
of Block 33 to a private developer. Staff entered into an exclusive negotiating agreement with Coburn
Development after receiving eight proposals and interviewing four teams. Coburn has complied with
all provisions of the agreement, and has decided to proceed with development of the property.
Coburn has named the project Penny Flats. It will have approximately 150 dwelling units in a mixed
use project with approximately 30,000 square feet of commercial space. Parking would be provided
on site, in a combination of below-ground and at-grade spaces.
The sale would be accomplished in phases, with Coburn purchasing property for each phase prior to
commencement of construction. The City would grant Coburn options on future phases, with interest
on the unpurchased portions accruing to the City at seven percent. They would receive easement(s)on
the City land for construction easements.
The City would retain ownership of the Trolley Car Barn and associated parking area.
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July 5, 2005
BACKGROUND
Block 33 has been acquired over the years by the City of Fort Collins, originally with an eye toward
pubic uses. Options included a new community center, a new library, a new performing arts center, or
a parking garage.
All the potential public uses, with the exception of a parking garage, have been fu f lled on other sites.
Staff has concluded that a parking garage on Block 33 would not be consistent with the Civic Center
Plan.
In 1997, in conjunction with the City Plan process, a new Civic Center Plan was also adopted. It called
for residential development of the block That land use goal was reinforced with the Downtown
Strategic Plan a few years later.
In 2004, the Council reviewed several options for disposing of the property, and decided to place a
strong emphasis on residential development that complied with the Civic Center Plan, rather than
simply trying to maximize return on the sale. Therefore, the staff issued an RFP that invited potential
developers to assess the market for residential development, and to propose a project that would meet
the market.
The current proposal is a result of a several-month-long process. The developer and staff are
persuaded that a healthy marketfor downtown living exists in Fort Collins. Coburn Development has
completed conceptual designs for the project,performed a market analysis,completed an environmental
assessment, and made an offer to purchase.
An important component of the Civic Center Plan is a pedestrian spine, running north-south through
Block 33, and the public blocks to the south. The spine is the central organizing element, and we will
seekfinancial assurances in the agreement from Coburn that it will be built.
The staff and Coburn have coordinated their planning carefully with the Downtown Development
Authority. DDA may choose to participate in project financing in order to achieve a higher level of
materials and public improvements.
Coburn proposes to enter into a purchase agreement with the City as soon as reasonably feasible after
Council approval, and to prepare a full development application for City review. The development
review process will follow all City rules and regulations. The timetable calls for construction to begin
in August 2006. Future phases would occur through 2009.
Staff proposes to include in the agreement, a requirement that the entire site be developed within a
certain time frame. If it is not, the option on the property would expire, or Coburn would be required
to propose an extension.
Sale of the property would be tied to a requirement that it be developed as proposed. Coburn would
not have the ability to purchase the site, and remarket it to a third party. Nor would Coburn be
permitted to purchase the property, and build something entirely different, without renegotiation with
and approval by the City.
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July 5, 2005
The benefits to the City are the same as those outlined in the original report to the Council last year.
Briefly, they include:
• Theproperty would be developed consistent with Council-adoptedmasterplans.
This is an important "transition site"between Martinez Park on the north, and
the pubic office buildings to the south, and includes portions of the Civic Center
Spine.
• The development will contribute to the resident and customer base downtown,
strengthening neighborhoods and retail.
• The property would return to the tax rolls.
• The project is infill, making use of existing infrastructure.
• The City will receive full appraised value, and revenues from other fees and
taxes.
Staff recommends approval of the Ordinance and believes that the proposal fully complies with the
direction given by City Council last year. The proposed use of the property promises to achieve
important City goals with minimal risk to the public. At the same time, it provides experienced private
sector capability, market assessment, and assumption of risk Council adoption of the Ordinance will
permit the City Manager to negotiate an agreement in substantial compliance with the terms described
in the AIS."
City Manager Atteberry introduced the agenda item and stated this was a"fantastic opportunity"for the
downtown area.
Greg Byrne, CPES Director,presented visual information regarding the site, its surroundings and the
trolley car barn on the property. He stated the proposal was to dispose of three-quarters of the block and
to retain the trolley car barn and its associated parking. He stated a Council Resolution adopted in July
of 2004 directed staff to issue a Request for Proposals. He stated several development companies were
interviewed and that Coburn Development of Boulder was selected. He stated Coburn had done a
conceptual design and a market study. He stated two neighborhood meetings were held and that an
appraisal was commissioned. He stated initial negotiations for sale of the property had been conducted.
He stated if Council acted favorably on this agenda item that the next steps would be a sale agreement
to be completed after negotiations, full development review of the project, and phased sale of the
property. He stated the project would be built in five phases and that the"take down"of the property
would be in three one-quarter block purchases. He stated the timing was proposed and that staff wanted
the flexibility to work with the developer and respond to market conditions as the project unfolded. He
stated a financial summary had been presented to Council and that the appraised value and sale price
of the property was $1.624 million. He stated there would be an interest rate carry that would accrue
to the City and that the negotiated rate was 7%. He stated there were additional secondary financial
impacts to the City that were detailed in information presented to the Council. He stated Coburn would
be encouraging the Downtown Development Authority to participate financially in the project. He
stated John Koval, Vice-President of Coburn Development, and his team were available to answer
questions.
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Councilmember Ohlson asked who paid for the appraisal and whether the appraiser was an independent
neutral party. Helen Matson,Real Estate Services Manager, stated the appraiser was hired from a list
of approved appraisers developed by the City. She stated the City paid for the appraisal and that the
appraisal was Bonnie Rohrick from Denver.
Councilmember Ohlson asked if the 7% interest rate was comparable to "real world" interest rates.
Byrne replied in the affirmative. He stated the negotiated rate was expected to accelerate the "take
down"of the property. He stated if the City took full payment for the property up front, a 5%return
was anticipated. He stated the City would actually get 7% on the unpurchased portions.
Councilmember Ohlson noted that options for the property had included a new library, community
center, performing arts center or parking garage. He asked for confirmation that the new community
center would now be the new Northside Center,that a new library site had been tentatively identified,
and that a site had been acquired for the performing arts center. Byrne replied in the affirmative.
Councilmember Ohlson asked if there were other site options for a new parking garage. Byrne stated
there were no immediate options. He stated Real Estate Services would use the revenue from the sale
of this property to secure another site.
Councilmember Ohlson asked if another site might be more appropriate than this site. Byme replied
in the affirmative and stated this site was not appropriate for a parking garage.
Councilmember Ohlson asked why the project was named Penny Flats. John Koval,Vice-President of
Coburn Development,stated the name grew from discussion that focused on the railroad and kids in the
past flattening pennies on the railroad tracks. He stated the project would also develop"flats."
Councilmember Ohlson stated the agenda material indicated that:"An important component of the Civic
Center plan is a pedestrian spine running north-south through Block 33 and the public blocks to the
south. The spine is a central organizing element,and we will seek financial assurances in the agreement
from Coburn that it will be built." He asked why the City would"seek"financial assurances rather than
"require" financial assurances. Byrne stated the City would"require" such assurances.
Councilmember Ohlson made a motion,seconded by Councilmember Roy,to adopt Ordinance No.077,
2005 on First Reading.
Councilmember Weitkunat stated this in-fill project would help the City accomplish its residential goals
in the downtown and return property back to the tax rolls. She stated the City would receive the full
appraised value and that the City had everything to gain. She stated she would support the motion.
The vote on the motion was as follows: Yeas: Councilmembers Brown,Hutchinson,Kastein,Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
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Ordinance No. 057, 2005,
Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for
the Construction of Public Improvements in Connection with the Dry Creek Drainage
Improvements Project-East Vine Diversion Channel,Adopted on Second Readin¢
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
The design portion of the Dry Creek Drainage Improvements Project("Project')began in 2003. The
construction of the Project began in April 2005 with completion scheduled for 2006 The total project
involves a combination ofsub projects in the upper, middle and lower basins ofDry Creek with the goal
of reducing the likelihood offlooding in Fort Collins and Larimer County.
The approval of this Ordinance, which was adopted 4-2(Nays: Councilmembers Ohlson and Roy) on
First Reading on May 17, 2005, does not automatically result in the filing of a petition in eminent
domain; it simply allows staffto use the process ifgood faith negotiations fail to result in an agreement
between the City and affected property owners. Staff is hopeful that all acquisitions will be
accomplished by agreement. "
City Manager Atteberry introduced the agenda item and stated staff would be available to answer
questions.
Councilmember Kastein asked for information on the amount of property being taken and the amount
of property remaining.
Dean Saye, Utilities Project Manager, presented visual information regarding the Weiss property and
the slightly more than one-acre easement sought by the City contiguous to the north and west
boundaries of the property.
Councilmember Kastein asked how much property would remain. Helen Matson,Real Estate Services
Manager, stated 89 acres would remain after City acquisition of the easement or a fee simple purchase
of the property needed by the City.
Councilmember Kastein asked if irrigation issues resulting from the diversion had been worked out.
Dan Matson,Utilities Project Manager,stated staff had met with the property owner about the design.
He stated the property owner was open to creating a ditch that would handle irrigation in the same
manner. He stated there were no further irrigation issues. Helen Matson stated the City would
reimburse the property owner for any cost to ensure that the irrigation worked the way it did in the
current manner.
Councilmember Kastein stated there was information in the newspaper that this property was bisected
by the City project and that this was not true. He stated there would be about one acre used for the
City's project and that 89 acres would remain for the property owner. Helen Matson stated this
statement was correct.
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Councilmember Kastein made a motion,seconded by Councilmember Weitkunat,to adopt Ordinance
No. 057, 2005 on Second Reading.
Councilmember Ohlson stated he voted against this on First Reading because he wanted the City
organization to spend more time with the Weiss family to answer their concerns. He stated appreciated
the additional staff effort that had gone into working with the Weiss family on those concerns. He stated
he would support the Ordinance on Second Reading.
Mayor Hutchinson stated this was an example of a positive outcome from a full and open exchange.
The vote on the motion was as follows: Yeas:Councilmembers Brown,Hutchinson,Kastein,Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Ordinance No. 070, 2005,
Making Various Amendments to the
City of Fort Collins Land Use Code,Adopted on Second Reading
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
Staff has identified a variety ofproposed changes, additions and clarifications in the Spring biannual
update of the Land Use Code. On May 19, 2005, the Planning and Zoning Board considered the
proposed changes and voted 6-0 to recommend approval oftheproposed changes to City Council. The
Board then voted 5-1 to recommend to Council that staff be directed to reexamine the neighborhood
compatibility criteria related to Small Scale Reception Centers.
Ordinance No 070, 2005, was unanimously adopted on First Reading on June 7, 2005. The Ordinance
has been slightly amended since First Reading. A memo explaining the change is attached."
Councilmember Kastein stated he had a question from a citizen regarding language in 2.12.4 relating
to whether a property in the County that was not legal pursuant to County regulations was"illegal'or
"nonconforming."
Paul Eckman, Deputy City Attorney, stated there was a difference between a nonconforming use and
an illegal use. He stated a nonconforming use was a"legal nonconforming"use that was legal in the
County and not legal in the City and would be"grandfathered"upon annexation because it was legal
in the County. He stated an illegal use was one that was not legal in the County and would therefore
be illegal in the City upon annexation.
Councilmember Kastein asked if when a use was legal in the County and not legal in the City,it became
legal in the City upon annexation because it was grandfathered. Eckman stated it would be a legal
nonconforming use in the City.
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July 5, 2005
Councilmember Kastein asked if the legal nonconforming use would exist in perpetuity. Eckman stated
it could expire upon abandonment for 12 months. He stated the City Code limited the amount of
enlargement that could be accomplished with regard to a legal nonconforming use. He stated the legal
nonconforming use could theoretically exist for a very long time.
Councilmember Kastein asked if it would continue if the property changed hands. Eckman replied in
the affirmative.
Councilmember Kastein asked if a legal nonconforming use in the County would need to be brought
into conformance within a certain period of time after annexation. Eckman stated it would remain a
legal nonconforming use upon annexation to the City that would have the right to continue to exist until
abandonment.
Councilmember Kastein asked if this situation was addressed in this section or elsewhere. CityAttomey
Roy stated it was addressed elsewhere in the Code.
Councilmember Kastein requested that staff provide him with the Code Section that addressed this
situation. City Attorney Roy stated staff would provide that information as requested.
Councilmember Kastein asked why there was a differentiation between a voluntary and enclave
annexation. Ted Shepard, City Planner, stated multi-parcel enclave annexations presented a different
set of challenges and that single parcels coming into the City based on contiguity were easier to address.
He stated there had been zoning issues in the County resulting in the County encouraging annexation
to remove the problem from County jurisdiction. He stated the City Code prohibited the annexation of
single parcels that were not part of an enclave that contained an illegal land use.
Councilmember Kastein asked if the section referring to illegal nonconforming uses in the County also
provided a differentiation between enclaves and voluntary annexations. City Attorney Roy stated it did
not and that the basic distinction was between legal nonconforming uses and illegal nonconforming
uses. He stated the City did not want an illegal use on an individual parcel to interfere with the City's
ability to annex an enclave.
Councilmember Roy made a motion, seconded by Councilmember Kastein, to adopt Ordinance No.
070, 2005 on Second Reading.
Councilmember Kastein stated there were many questions about these issues in the enclave area and that
he appreciated the opportunity to pursue those questions.
The vote on the motion was as follows: Yeas: Councilmembers Brown,Hutchinson,Kastein,Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
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Resolution 2005-072,
Authorizing a Revocable Permit to Northern Colorado Water
Association, for a Period of Up to Two Months on
Meadow Springs Ranch for the Purpose of an Environmental Study and Survey,Adopted
The following is staffs memorandum on this item.
"FINANCIAL IMPACT
Northern Colorado Water Association will pay all costs associated with its activities.
EXECUTIVE SUMMARY
Northern Colorado WaterAssociation("NCWA')isplanning to construct an additional waterlinefrom
its storage tanks, located on a portion of Meadow Springs Ranch, to its distribution system
approximately eight miles to the south. NCWA is submitting a requestfor an easement across a portion
of the City-owned Meadow Springs Ranch. It is City policy to require an applicant to perform an
environmental audit on the City property that will be affected by the proposed work. In order for
NCWA to perform this audit, the City needs to grant a revocable permit to NCWA allowing access to
City land. This permit will only be in effect for up to two months."
Councilmember Ohlson commented that typically entities usually wanted to cross City property rather
than privately owned property with easements. He stated he objected slightly to the following language
in the agenda material:"The Northern Colorado Water Association is planning to construct an additional
waterline from the storage tanks located on a portion of Meadow Springs Ranch to its distribution
system." He stated this language implies automatic City approval. He stated he would prefer to see
language that such an entity"has requested" an easement. He stated he requested an additional map
because the map in the agenda packet was not clear. He asked for clarification about the proposed route
as shown on the additional map. City Manager Atteberry stated the additional maps provided to the
Council were a vicinity map and map showing the area of focus.
Councilmember Ohlson stated there were questions in the scientific community about heavy metals used
in the treatment process that could eventually mean that the federal government will ban the type of
process conducted by the City at Meadow Springs. He stated the City should be"careful" about the
approval of easements to minimize impacts. He stated he would appreciate more information in
Council's material about such easements and that he would like to see alternative routes proposed
besides the route across City-owned property. He stated he would like Council to see an informational
map of the Meadow Springs Ranch showing what existed at the time it was purchased and what
easements and utility lines exist now. He stated the City should not "automatically say yes" to
easements and that the Council should see more information on such easements.
Mayor Hutchinson stated the previous Council did some extensive work on easements and asked if staff
believed that the easement process was stringent enough to be in the best interests of the City. Helen
Matson,Real Estate Services Manager, stated Natural Resources had a strict easement policy and that
there was no policy for general City easements. She stated a procedure was in place for easements for
Meadow Springs Ranch i.e.there were requirements for an environmental audit,approval by the Water
Board was required, and a presentation to the Natural Resources Advisory Board was required. She
stated the policy worked well for natural areas easements and the Meadow Springs Ranch.
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Councilmember Ohlson stated the Natural Resources Advisory Board recommended that the City
develop those policies and that policies had only been developed for natural areas. He stated he would
like to see a general easement policy in the future. City Manager Atteberry stated he would bring back
a one-page summary to the Council. Steve Comstock, Utilities, stated there had been about 12
easements placed on Meadow Springs Ranch since he started handling easements and that some of those
were easements granted to entities providing service to the City.
Councilmember Roy thanked staff for the map showing the relationship of the easement to endangered
species.
Councilmember Roy made a motion,seconded by Councilmember Brown,to adopt Resolution 2005-
072.
Councilmember Ohlson thanked the staff who worked on this issue. He stated he wanted to see
continued progress toward a"holistic view"of the easements granted on Meadow Springs Ranch. He
stated Utilities had done of good job of stewardship of the property. He stated he would like the City
to see a variety of routes that were not necessarily the "easiest" routes but were the least damaging
routes. Comstock stated there were initially three routes for this easement and that information could
be provided to Council on the other two routes.
The vote on the motion was as follows: Yeas: Councilmembers Brown,Hutchinson,Kastein,Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Other Business
Councilmember Brown stated he would have a public meeting on July 11 at the new Fire Station
regarding the airport expansion.
Executive Session Authorized
Councilmember Weitkunat made a motion,seconded by Councilmember Manvel,to go into Executive
Session, pursuant to Section 2-31(a)(1)(d) and 2-31(a)(2) of the City Code, for the purposes of
considering personnel matters and meeting with the City Attorney regarding potential litigation and
related legal issues. The vote on the motion was as follows: Yeas: Councilmembers Brown,
Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
(Secretary's Note:The Council adjourned into Executive Session at 9:25 p.m.and reconvened following
the Executive Session at 11:10 p.m.)
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Adjournment
The meeting adjourned at 11:10 p.m.
Mayor
ATTEST:
City Clerk
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July 19, 2005
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, July 19, 2005,
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: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy, and
Weitkunat.
Staff Members Present: Atteberry, Krajicek, Eckman.
Citizen Participation
Earl Poppe, 1018 Timberline Court, expressed concern about the weed nuisance ordinance and its
lack of effectiveness. He also stated cars are parking in neighborhood yards.
Lloyd Walker, 1756 Concord Drive, spoke regarding Council's commissioned study on the impact
of enforcement of the 3-unrelated ordinance. He cited the findings report, known as the Corona
Report, noting violators of the occupancy limit are having a severe impact in the community. He
noted the findings report was based on 2000 census data and there have been 5 years of growth
since. He urged Council to uphold the 3-unrelated ordinance and to make it more enforceable by
making a violation a civil offense. He asked that rentals be tracked in a database with contact
information for residents.
Brian Schumm, 5948 Colby Street, asked for Council support in directing staff to follow the
Structure Plan, the Growth Management Area intergovernmental agreement (GMA IGA), and for
staff to work in the City's best interest with respect to the GMA.He stated another rezoning request
will be submitted for 209 East Skyway in the near future and the GMA IGA empowers the City to
review the rezoning request rather than the County. He asked to appear before Council to discuss
the quasi-judicial nature of this issue, stating staff has acted inappropriately in enforcing the GMA
IGA, and Structure Plan.
Raymond Anderson, 1301 Luke Street, spoke representing the Highlander Heights Homeowner's
Association. He stated the Homeowner's Association is very interested in enforcing the 3-unrelated
ordinance in low density, residential zones. He stated there has not been enough effort by the City
to control the spread of blight resulting from violations of the Ordinance.
Pete Seel, 1837 Scarborough Drive, asked for enforcement of the 3-unrelated ordinance and stated
he and others are forming a Neighborhood Action Coalition, which is a coalition of groups from
throughout the City like the one in Rolland Moore West, that are facing housing issues. Mr. Seel
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stated the franchise agreement for public access television in the City is currently being re-
negotiated and he and others have formed a group called the Fort Collins Public Access Network
(FCPAN). He asked that public access channel 68 no longer be shared and noted the Public Access
Channel will be moving to 22 with the new system. He stated the group is looking for studio space
and equipment.
Dwight Whitney, owner of the business at 1642 North College and representing the North Fort
Collins Business Association Board,thanked Council for working with them on the Urban Renewal
Authority. He expressed concern about the concentration of social service entities that are now
gathering north of the Poudre River. He noted loitering is a problem. He asked Council to consider
satellite locations throughout the City for social service facilities rather than allowing a
concentration in this area.
Ray Czaplewski, 2012 Huntington Circle, spoke regarding the constitutionality of the 3-unrelated
ordinance. He cited a 1974 Supreme Court case that found municipalities could use single-family
zoning districts to enhance the public welfare. This includes enforcing the 3-unrelated ordinance.
John Coxon, 5800 Plateau Court, spoke regarding the Southwest Annexation and asked Council to
consider "real" issues rather than the IGA and GMA when making its decision. He asked for an
amenable solution to any existing problem in the southwest area rather than a forced annexation
based on the IGA.
Ann McSay, 6422 Kyle Avenue, expressed opposition to the Southwest Annexation. She asked if
any research had been done in other cities with universities regarding the 3-unrelated issue.
Ron Adams, resident of Sunset Avenue, asked Council to consider doing a study to ascertain
whether or not the 3-unrelated ordinance results in better neighbors.
Citizen Participation Follow-up
Mayor Hutchinson thanked those who spoke during Citizen Participation.
Councilmember Roy asked Mr. Poppe to let Council or the City Manager know the particular
address to which he referred in his comments. City Manager Atteberry confirmed 1012 Timberline
Court to be the problem address.
Councilmember Roy stated several other university towns have been studied with respect to the 3-
unrelated ordinance. He asked Deputy City Attorney Eckman to respond to Mr. Schumm's
questions. Deputy City Attorney Eckman replied it does take Council action to amend the Structure
Plan. He stated he would be in touch with Mr. Schumm this week to determine what the nature of
the quasi-judicial matter is and whether or not it would be appropriate for Council to hear the
comments.
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Councilmember Ohlson stated Mr. Schumm deserves a framing of the issues response and asked
staff to follow up with him.
Councilmember Kastein stated he met with Mr. Schumm and had questions in the tracking database
for staff from which answers should be forthcoming. He added a public hearing has been scheduled
on the Southwest Annexation in August.
Councilmember Weitkunat offered thanks to Mr.Gilday for his comments and stated Mr.Whitney's
comments should be considered because the issue is going to become a larger concern in the future.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
Councilmember Roy withdrew item#14 First Reading of Ordinance No. 080, 2005,Appropriating
Unanticipated Revenue in the Transportation Services Fund to be Use to Conduct the Downtown
River District Improvement Project from the Consent Calendar.
CONSENT CALENDAR
6. Second Reading of Ordinance No. 052, 2005, Vacating. a Portion of Right-of-Way as
Dedicated on the Plat of Prospect Industrial Park.
The Liberty Commons School site is located on the north and west sides of March Court cul-
de-sac. The current school building is at the northwest corner of March Court and Sharp
Point Drive. The area to the west of the cul-de-sac is currently vacant land. The Liberty
Commons School desires to build a running track for the school's use on this vacant land.
The width of the land is not adequate to build a running track that will meet competition
standards, thus they would like to shorten the existing cul-de-sac, vacate a portion of the
existing right-of-way and use this area for construction of a running track. At the
completion of the project the revised cul-de-sac will have the same functionality as the
original March Court cul-de-sac. Ordinance No. 052, 2005, was unanimously adopted on
First Reading on May 3, 2005.
7. Second Reading of Ordinance No.072,2005,Authorizing the Lease of City-Owned Property
at 812 North Shields Street, Fort Collins, Colorado, for Up to Five Years.
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 is currently leased. Ordinance No. 072, 2005, was
unanimously adopted on First Reading on July 5, 2005.
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8. Second Reading of Ordinance No.073,2005,Authorizing the Lease of City-Owned Property
at 4913 South College Avenue, Fort Collins, Colorado, for Up to Five Years.
This house is located on property owned by the City of Fort Collins. Until the land is
utilized,renting the house will generate revenue and will discourage vandalism. This action
will approve the leasing of the property for up to five years. Ordinance No. 073, 2005,was
unanimously adopted on First Reading on July 5, 2005.
9. Second Reading of Ordinance No.074,2005,Authorizing the Conveyance ofNon-exclusive
Easements for the Construction of Home State Bank on the Northwest Corner of Raintree
Drive and Shields Street.
Home State Bank is requesting various easements from the City to facilitate construction of
a new bank which will be located on a portion of Tract "F", Raintree Planned Unit
Development at the northwest corner of Raintree Drive and Shields Street, adjacent to the
Fort Collins Senior Center.
In order to complete the project, Home State Bank is asking the City to grant several
easements on Senior Center property. Home State Bank will pay all costs associated with
the construction of the bank and upon completion of the construction project will restore the
easement areas to an equivalent or better condition as prior to construction. Ordinance No.
074, 2005, was unanimously adopted on First Reading on July 5, 2005.
10. Second Reading of Ordinance No. 075, 2005, Appropriating Unanticipated Grant Revenue
in the General Fund for the Operation of the Fort Collins Welcome Center.
The Colorado legislature created the Colorado Tourism Board(the"Board")and authorized
the Board to operate state welcome centers. The Board determined that the state welcome
center for Fort Collins would be more efficiently and effectively operated by the City of Fort
Collins. In August of 2000, the Colorado Tourism Office was created and was authorized
to operate such welcome centers.
Pursuant to Resolution 1999-097, the City contracted with Colorado State University for
visitor center space at the Environmental Learning Center/Visitors Center to the south of
Prospect Road,approximately one-quarter mile west of Interstate 25. The City,in its effort
to welcome visitors to Fort Collins through the activities of its convention and visitor
services contractor,the Fort Collins Convention and Visitors Bureau (the"CVB"),will use
the space for the Fort Collins welcome center. The CVB, in addition to promoting tourism
activity, will operate the welcome center pursuant to amendments to the City's agreement
with CVB, and consistent with the City's grant agreement with the State of Colorado.
Ordinance No. 075, 2005, was unanimously adopted on First Reading on July 5, 2005.
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July 19, 2005
11. Second Reading of Ordinance No. 077, 2005,Authorizing the Sale of City-owned Property
Consisting of a Portion of Block 33, Fort Collins, Colorado, to Penny Flats, LLC.
In July 2004,the City Council adopted Resolution 2004-081 setting out a process for selling
portions of Block 33 to a private developer. Staff entered into an exclusive negotiating
agreement with Coburn Development after receiving eight proposals and interviewing four
teams. Coburn has complied with all provisions of the agreement, and has decided to
proceed with development of the property.
The sale would be accomplished in phases,with Coburn purchasing property for each phase
prior to commencement of construction. The City would grant Coburn options on future
phases, with interest on the unpurchased portions accruing to the City at seven percent.
They would receive easement(s) on the City land for construction easements.
Ordinance No. 077, 2005, was unanimously adopted on First Reading on July 5, 2005.
12. First Reading of Ordinance No. 078, 2005, Appropriating Unanticipated Revenue in the
General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts
and Projects for the Multi-Jurisdictional Drug Task Force.
Fort Collins Police Services applied to the Office of Drug Control and System Improvement
on behalf of the Task Force for federal grant monies to help fund the investigation of illegal
narcotics activities in Larimer County. The application was due to the recent change by the
Federal Government in their fiscal year which created a three month funding gap. The City
recently received notification of the grant award in the amount of$51,250,plus an additional
$1,250 in revenue from Colorado State University Police Department. The participating
agencies must provide matching funds in the amount of$108,125. Fort Collins' portion of
the match is $32,168. These funds will be used for rental and operational costs at the Task
Force off-site location, overtime funding to help offset the overtime costs of each
participating agency, and confidential funds to be used for the purchase of narcotics from
drug dealers by undercover police officers.
13. First Reading of an Ordinance No. 079,2005,Apnromiatine Unanticipated Grant Revenue
in the General Fund for the Police Services Victim Services Team.
The Fort Collins Police Services Victim Services Team has been awarded an 18-month grant
in the amount of$35,000 for the period of July 1, 2005 through December 31, 2006,by the
V.A.L.E. Board to help fund services provided by this team. These funds will be used for
a part-time paid victim advocate who will provide crisis intervention services during
weekday hours and is housed in the Victim Services Office. These funds will also pay for
some of the operational expenses needed to provide 24-hour a day, 7-day a week services
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to victims of crime in our community. Previous V.A.L.E. grant awards have been received
each year since 1998.
14. First Reading of Ordinance No. 080, 2005, Appropriating Unanticipated Revenue in the
Transportation Services Fund to Be Used to Conduct the Downtown River District
Improvement Project.
The DDA and the City's departments of Transportation Planning, Engineering, Advanced
Planning, and Utilities have initiated this Project to address the lack of sufficient public
infrastructure to support infill development and redevelopment in the Downtown River
Corridor area. This Project will be co-managed by the City and the DDA. The first phase
of the Project includes detailed design/preliminary engineering and cost estimating of needed
transportation and utility improvements for the area including Jefferson, Willow, Lincoln,
and Linden Streets. The transportation and utility improvements suggested by this Project
will help the area achieve the visions and goals set forth by City Plan and the Downtown
River Corridor Implementation Program.
15. First Reading of Ordinance No. 081,2005,Calling a Special Municipal Election to Be Held
in Conjunction with the November 1, 2005 Latimer County Coordinated Election.
This Ordinance calls a Special Municipal Election to be held in conjunction with the
November 1,2005 Latimer County Coordinated Election,and preserves the opportunity for
Council to place initiated or referred issues on the November ballot.
16. Items Relating to the Crawford Annexation and Zoning.
A. Resolution 2005-077 Setting Forth Findings of Fact and Determinations Regarding
the Crawford Annexation.
B. First Reading of Ordinance No. 082, 2005, Annexing Property Known as the
Crawford Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 083, 2005, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Crawford Annexation to the City of Fort Collins, Colorado.
This is a 100%voluntary annexation and zoning of a property approximately 29.56 acres in
size. The site is located approximately one-half mile west of North College Avenue on the
south side of West Willox Lane. Contiguity is gained along the eastern boundary which is
shared with Hickory Village Mobile Home Park. Contiguity is also gained along a portion
of the south property line which is shared with the City of Fort Collins Soft Gold
Neighborhood Park. The recommended zoning is U-E, Urban Estate. This zoning
complies with the Structure Plan Map.
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17. Resolution 2005-078 Approving an Intergovernmental Agreement with the Colorado
Department of Transportation Providing for the Operation and Maintenance of Traffic
Signals,Crosswalk and Stop Bars,Signs and Pavement Markings on State Highways Within
or Adjacent to the City Limits.
The State of Colorado currently reimburses the City of Fort Collins for the operation and
maintenance of 51 traffic signals, 91 crosswalks, stop bars, and 7.4 miles of signs and
pavement markings. On August 1, 2005, the Colorado Department of Transportation
(CDOT)will transfer administrative control,maintenance and ownership of Harmony Road
(State Highway 68) between College Avenue and 1-25 to the City of Fort Collins.
Therefore, reducing the number of traffic signals maintained to 45 traffic signals, 77
crosswalks and 7.4 miles of signs and pavement markings. (A listing of locations is attached
as Attachment 1). The contract amount has been decreased from $160,104 to $142,104
annually. During the five year contract period,traffic signals,crosswalks and stop bars can
be added to the contract by submitting a Bilateral Change Order Letter.
For the efficiency of travel flow and the safety and convenience of the public, the City of
Fort Collins maintains and operates CDOT's traffic signals within the Urban Growth Area.
The traffic signals are connected to the City's Advanced Traffic Management System. A
review of the costs has shown that the reimbursement rate from CDOT is consistent with our
costs.
18. Resolution 2005-074 Authorizing the City Manager to Execute a Capital Funding Grant
Agreement with the Federal Aviation Administration for Improvements at the Fort Collins-
Loveland Airport.
The Airport is programmed each year to receive FAA Entitlement Funds in the amount of
$1,000,000 as a result of enplaning at least 10,000 passengers per calendar year. An
additional $150,000 is being added to the Grant from unspent Grant funds from the prior
year. On February 1, 2005, the City approved an Ordinance appropriating the expenditure
of funds in the amount of$1,240,000,which includes the FAA Grant amount and the City's
share of costs. The Cities will open bids on July 28 for Airport improvement projects
associated with this Grant. Depending on the price of the bids,projects will be selected by
priority and within the supplemental budget amount. Not all of the FAA Grant money must
be spent this year. In the event not all of the FAA entitlement money is used this year the
remaining money will be rolled over into next year. Approval of the Grant Agreement will
allow the Cities to use the Grant proceeds to fund projects from the list of Grant-approved
improvements set forth in the Grant Agreement which is on file with the City Clerk.
19. Resolution 2005-079 Authorizing the City Manager to Execute an Amendment #1 to the
Intergovernmental Agreement with the North Front Range Transportation and Air Quality
Planning Council for the Provision of Support Services.
This Resolution would amend the intergovernmental agreement between the North Front
Range Transportation & Air Quality Planning Council and the City which defines the
support services provided by the City. The amendment eliminates the accounting, audit,
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financial and payroll services currently provided and reduces purchasing and human resource
services.
20. Resolution 2005-080 Authorizin the e City Manager to Submit the 2005-2009 Fort Collins
Consolidated Plan and 2005-2006 Annual Action Plan to the U.S. Department of Housing
and Urban Development.
The City of Fort Collins 2005-2009 Consolidated Plan and 2005-2006 Annual Action Plan
was drafted as a requirement of the U.S. Department of Housing and Urban Development
(HUD)for those communities participating in Federal grant programs administered by HUD.
The 2005-2009 Consolidated Housing and Community Development Plan identifies and sets
priorities in the community for those persons requiring housing assistance,human services
and non-housing community development needs over the next five years. The one-year
Action Plan attached hereto identifies the CDBG and HOME funded projects which will
carry out those priorities during the 2005-2006 program year and which were approved for
funding by Council on May 17, 2005.
21. Resolution 2005- 081 Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Disbursements.
The guidelines for the Cultural Development and Programming and Tourism Programming
accounts (Fort Fund) provide a three-tiered funding system. Organizations may apply for
grants from these accounts to fund community events. Tier#1 was established as an annual
programming fund for organizations whose primary purpose is to present three or more
public events annually. These groups may apply for funding from Tier#1 each April. Tier
#2 allows organizations that are not eligible for Tier #1 support to apply for funding of
events that are not fund-raising in nature and do not generate more than$5,000 in proceeds
after expenses. Tier #3 allows organizations that are not eligible for Tier #1 support to
apply for funding of events that generate more than $5,000 in proceeds after expenses and
are fund-raising in nature. Applications for support from Tier#2 and Tier#3 are accepted
each January and June.
22. Resolution 2005-082 Making Appointments to Various Boards and Commissions.
Vacancies currently exist on the Air Quality Advisory Board due to the resignations of
Jassen Bowman and John Long. Applications were solicited, Councilmembers Roy and
Weitkunat reviewed the applications on file and conducted interviews. Bruce Macdonald
and Gregory McMaster are being recommended to fill the vacancies with terms to begin
immediately and set to expire on December 31, 2008 and December 31, 2009 respectively.
A vacancy also exists on the Landmark Preservation Commission due to the resignation of
Janet Ore. Applications were solicited and Councilmembers Roy and Weitkunat conducted
interviews. The Council interview team is recommending Earan Russell to fill the vacancy
with a term to begin immediately and set to expire on December 31, 2006.
The Parks and Recreation Board has a vacancy due to the resignation of Dean Hoag.
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Applications were solicited and Councilmembers Ohlson and Brown conducted interviews.
Scott Ohm is being recommended to fill the vacancy with a term to begin immediately and
set forth to expire on December 31, 2006.
23. Routine Easements.
A. Deed of Dedication for Easement from LCS Building Corporation for a permanent
utility easement, located on the northwest corner of March Court and Sharp Point
Drive. Monetary consideration: $10. Staff: Sheri Wamhoff.
B. Deed of Dedication for Right-of-Way from LCS Building Corporation for public
street purposes, located on the northwest corner of March Court and Sharp Point
Drive. Monetary consideration:$10. Staff: Sheri Wamhoff.
C. Deed of Slope and Drainage Easement and Temporary Construction Easement from
Myron D. Walkes, located at 1522 South Summit View Drive. Monetary
consideration: $10. Staff: Patrick Rowe.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
6. Second Reading of Ordinance No. 052, 2005, Vacating a Portion of Right-of-Way as
Dedicated on the Plat of Prospect Industrial Park.
7. Second Reading of Ordinance No.072,2005,Authorizing the Lease of City-Owned Property
at 812 North Shields Street, Fort Collins, Colorado, for Up to Five Years.
8. Second Reading of Ordinance No.073,2005,Authorizing the Lease of City-Owned Property
at 4913 South College Avenue, Fort Collins, Colorado, for Up to Five Years.
9. Second Reading of Ordinance No.074,2005,Authorizing the Conveyance of Non-exclusive
Easements for the Construction of Home State Bank on the Northwest Corner of Raintree
Drive and Shields Street.
10. Second Reading of Ordinance No. 075, 2005, Appropriating Unanticipated Grant Revenue
in the General Fund for the Operation of the Fort Collins Welcome Center.
11. Second Reading of Ordinance No. 077,2005,Authorizing the Sale of City-owned Property
Consisting of a Portion of Block 33, Fort Collins, Colorado, to Penny Flats, LLC.
Ordinances on First Reading were read by title by City Clerk Krajicek.
12. First Reading of Ordinance No. 078, 2005, Appropriating Unanticipated Revenue in the
General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts
and Projects for the Multi-Jurisdictional Drug Task Force.
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13. First Reading of an Ordinance No. 079, 2005,Appropriating Unanticipated Grant Revenue
in the General Fund for the Police Services Victim Services Team.
14. First Reading of Ordinance No. 080, 2005, Appropriating Unanticipated Revenue in the
Transportation Services Fund to Be Used to Conduct the Downtown River District
Improvement Project.
15. First Reading of Ordinance No.081,2005,Calling a Special Municipal Election to Be Held
in Conjunction with the November 1, 2005 Larimer County Coordinated Election.
16. B. First Reading of Ordinance No. 082, 2005, Annexing Property Known as the
Crawford Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 083, 2005, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Crawford Annexation to the City of Fort Collins, Colorado.
27. B. First Reading of Ordinance No.084,2005,Appropriating Unanticipated Revenue in
the Capital Projects Fund - Timberline Road Improvements Project and
Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the
Capital Projects Fund- Timberline Road Improvements Project to be used to
Construct Improvements on Timberline Road Between Drake and Prospect Roads.
Councilmember Manvel 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 Brown, Hutchinson,Kastein,Manvel,Ohlson,Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Consent Calendar Follow-up
Councilmember Manvel spoke regarding item #22 Resolution 2005-082 Making Appointments to
Various Boards and Commissions and thanked those who have served and those who have been
appointed.
Councilmember Weitkunat spoke regarding item #21 Resolution 2005-081 Adopting the
Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements and stated
$32,000 was distributed plus almost$9,000 into City tourism planning for events that can generate
some overnight stays. She stated this money comes to the City from visitors to the community
through the lodging tax.
Councilmember Kastein agreed with Councilmember Weitkunat. He asked for some feedback from
staff regarding how the figures were determined and if allocations may need to be re-evaluated for
an increase in the amount to tourism. City Manager Atteberry stated he would get that information.
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Staff Reports
City Manager Atteberry reported the Fort Collins Museum has received two grants; one from the
Colorado Endowment for Humanities and one from the Colorado Council on Arts. He stated the
grants total about$7,500 to support the Museum's Crossroads at the Council Tree Native American
Music Festival that will be held on Labor Day weekend. He stated he was proud of the work staff
and the Boards and Commissions have done to secure these grants. He reported Fort Collins was
named one of the top ten"Where to Live Now"cities by Outside Magazine. Fort Collins' winning
components included the Climate Wise Program and other environmental efforts, its proximity to
the mountains and other open space contributions,contributions by CSU,Hewlett-Packard,and local
start-up businesses, and its local breweries. He reported the City is about to celebrate the 20th
birthday of the Farm at Lee Martinez Park noting the celebration will be Saturday,the 23rd, at 4:00
p.m. He encouraged the public to visit the Farm.
Councilmember Reports
Councilmember Kastein reported on the North Front Range Transportation and Air Quality Council
meeting stating he and Councilmember Manvel attended the meeting. He stated the City would be
receiving CMAT Funds of about $2.9 million for work on the Harmony/Shields intersection, hot
spot testing for emissions to identify high-polluting vehicles, funding for the City's TDM program,
and a pedestrian underpass on the Mason Transportation Corridor at Centre Avenue.
Councilmember Kastein added the MPO, Council, and basically every entity is interested in
pursuing an RTA. He asked the Leadership Team to allow him a few minutes to discuss this.
Councilmember Ohlson stated he was on the Council when the Farm was approved and noted it was
not unanimously approved, though it has been widely enjoyed by the community over the years.
He encouraged Council attend the celebration.
Items Relating to the Timberline Road, Drake to Prospect Project and the Creation of
Timberline and Prospect Special Improvement District ("SID") No. 94, Adopted
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
Street improvements are proposed for Timberline Road from Drake to Prospect. Most of the
planned improvements are adjacent to existing and proposed developments and will be constructed
through the Street Oversizing Program. The developers have also agreed to fund additional
improvements needed in order to proceed with their developments in accordance with the City's
Adequate Public Facilities (APF) Ordinance.
Developers have contributed$2,500,000 to the City for the engineering design and construction of
the APF improvements to the Timberline and Prospect intersection. Thesefunds are in conjunction
with the proposed Special Improvement District No. 94 financed privately by property owners
developing in the proposed district.
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EXECUTIVE SUMMARY
A. Resolution 2005-083 Approving the Preliminary Report of the Director of Community
Planning and EnvironmentalServicesforTimberlineandProspectSIDNo. 94, the Property
to beAssessedfor the Improvements, the Assessment Method and the Date when the Council
will Hold a Hearing and Consider the Ordering by Ordinance of the Proposed
Improvements.
B. First Reading of Ordinance No. 084, 2005, Appropriating Unanticipated Revenue in the
Capital Projects Fund- Timberline Road Improvements Project and Appropriating Prior
Year Reserves in the Street Oversizing Fund for Transfer to the Capital Projects Fund-
Timberline Road Improvements Project to be used to Construct Improvements on Timberline
Road Between Drake and Prospect Roads.
C. Resolution 2005-084 Authorizing an Exemption to the Use of a Competitive Process for
Additional Professional Services in Connection with the Timberline, Drake to Prospect
Project.
The Timberline Road and Prospect Road intersection is the most heavily congested intersection in
the City. In the absence ofany City Capital lmprovementfundingfor this intersection, two impacted
developers are electing to privately fund these improvements in order to proceed with their
development projects. These developers are the majority property owners and have proposed the
initiation of an involuntary SID to spread a portion of the costs through assessments to other
undeveloped property in the area benefitted by the improvements.
The proposed Timberline and Prospect SID No. 94 will meet all of the adopted Council Policies
regarding Special Improvement Districts. The creation of the SID will spread the cost of the APF
improvements to all undeveloped property which benefits from the construction.
BACKGROUND
Detailed Summary:
The first item is a Resolution for Council approval, adopting the plans, specifications, estimated
cost and the method of assessmentfor the SID. The first step in creating this SID has already been
taken. Theproperty owners submittedpetitions askingfor the creation ofthe district. AResolution
accepting the petitions was approved on November 4, 2003, which directed the City Engineer to
draw up plans and an estimate of the improvements.
Staff has completed the Engineering Report for the Timberline and Prospect SID No. 94 which
studies the following:
1. The location of the proposed district includes the petitioners and rights of
way and easements necessary for construction.
2. The costs and financing including the total project cost, Street Oversizing
Program costs and the assessment methodology. The assessments
methodology is based on the requirements of the City's adequate public
facilities ordinance.
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3. Maps of the district, legal descriptions, right-of-way maps, and detailed
construction cost estimates which are included in the report.
4. Summary of the traffic analysis and assessment for each property in the
district.
This Resolution also sets the hearing date forpublic comment on August 16, 2005 at the regular City
Council meeting. At that time, staff will present an Ordinance for Council approval which will
create the SID. At the completion of construction, Council will hear an Ordinance assessing the
cost of the improvements to the properties in the SID for collection.
To meet the requirements of Article X, Section 20 of the Colorado Constitution ('TABOR
Amendment), a special election of SID property owners will be held on November ], 2005. The
ballot question is limited to whether to allow the City to collect the assessments overtime. If the
ballot measure fails, the assessment payment would be due in full immediately. A Resolution
placing the SID assessment question on the November ballot will be presented for consideration by
Council at its meeting on August 16, 2005.
The remaining items are related to the construction ofthe roadway improvements. An appropriation
ordinance transfers monies received from the developers and the Street Oversizing Fund into the
project account. An authorization of a change order to complete the construction drawings and
related bid documents is also presented.
Over the last several months, staff has been meeting with the property owners who will be affected
by the acquisition of right-of way for the project. Their input has been considered during the
engineering design and has helped resolve many issues, including access, storm water, utility
service and irrigation water.
City Departments have been working together to include utilities and roadways needed for the
planned Police Facility, and will include these improvements in the roadway contract in order to
save time and money for the Police Facility Project.
Staff has also been working with property owners who have requested to have their frontage
improved with this project. Fleischli Enterprises and Integrated Equities have decided to
participate in this project for its benefit, as well as the City's. Both property owners have agreed
to contribute their local street portion and are now completing the engineering design along their
frontages to include in the construction of Timberline Road.
At the August 16 meeting of Council,staff will request authorization of eminent domain proceedings
to insure the timely completion of the project. Staff has met with all the property owners affected
by the Project and begun negotiations on right-of-way and construction easement acquisition. The
authorization of eminent domain would allow the City to obtain possession of necessary property
interests ifnegotiations are notfinalized by the planned construction start date. Staff is completing
appraisals for offers to each property and all properties have been notified by certified mail of this
Council action.
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Summary of costs:
APF Improvements (SID No. 94) $2,500,000.00
City of Fort Collins Police Facility
Capital Project Existing Appropriations $1,272,291.00
Sidehill Development Contribution $829,512.00
St. Charles Investment Group Contribution $354,014.00
Fleischli Enterprises Contribution $115,447.00
Integrated Equities Contribution $119,830.00
Street Oversizing Fund Prior Year Reserves
(Including a $212,936 contribution from
Prospect Industrial Park) $3,273,425.00
$6,180,455.00
Total Construction Cost: $8,680,455.00
Additional Background Information:
Construction is planned to start this fall with the widening of the bridge over Spring Creek,
expansion of the Great Western Railroad crossings on both Timberline and Prospect, and utility
relocations. Construction of the roadway improvements will begin in the Spring of 2006 and be
completed by the end of the year. Utility service and perimeter roadwaysfor the Police Facility will
be included in the Timberline Road Project. This will help with coordination of improvements and
realize significant cost savings for the Police Facility site.
Timberline Road,from Drake to Prospect is currently the highest deficiency segment in the City's
street network. The Timberline/Prospect intersection experiences failing levels of service in both
the morning and afternoon peak hours. Attempts by the City to create a funding mechanism for the
necessary improvements have not been successful.
The City's Adequate Public Facilities Ordinance does not allow any additional development to
impact failing intersections. A conceptual estimate indicates that$2.5 million is needed to improve
the intersection to meet minimum levels ofservice necessary to allow additional development in the
area. The improvements contemplated are:
• Dedicated right turn lanes on all legs of the intersection
• Double left turn lanes on Timberline
• Additional through lanes on Timberline
These interim improvements will add capacity to the intersection, but will not include landscaped
medians, concrete paving, enhanced crosswalks, or other elements not necessary to increase Levels
of Service.
There are two large development parcels which are currently affected byAPF. The James Company
is constructing the Sidehill development project on the east side of Timberline and north of Drake
and the St. Charles Investment Group owns 80 acres on the west side of Timberline and north of
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Drake. Both of these developments cannot build in the absence of improvements to
Timberline/Prospect. These developers have elected to fund the$2.5 million APF improvements in
order to proceed with their development projects.
There are other smaller undeveloped parcels adjacent to Timberline/Prospect that are also affected
by APF. Some have expressed interest in participating in the cost of improving the
Timberline/Prospect intersection while others have indicated a strategy of waiting until the
improvements are made in order to benefit while avoiding any costs.
The James Company and the St. Charles Investment Group have proposed the formation of an
involuntary SID as a financing mechanism to allow for fair and equitable assessment of all
benefitting property owners. The terms of the district would generally be:
1. The amount financed will be$2.5 million, or the amount needed to make the
improvements to the Timberline/Prospect intersection required by APF.
2. No municipal or City-backed bonds will be issued. Financing will be by the
developers, using cash or private placement bonds. The City will be the
collection agency for assessments, but will not incur any financial liability.
Actual payment of the $2.5 million by the James Company and Cumberland
Group will not occur until construction bidding (August 2005) to avoid
capitalized interest. Security in the form of a performance bond for $2.5
million has been posted with the City in order for development to continue
during the formation of the SID.
3. The Assessment method will be based on APF and its benefit to undeveloped
property. Severalfactors, including trip generation, trip distribution, delay
and proximity to the intersection within a one-mile radius are used to
calculate the impact and benefit for each property. Efforts will be made to
obtain consent of any potentially assessable property owner prior to the
creation of the SID.
4. The properties included in the SID will begin repayment of their
proportionate share (the assessments) upon completion of the construction
and final accounting of the costs (tentatively in late 2006).
Providing a 10 year repayment schedule for properties being assessed could be an incentive for
properties to participate in the SID without opposition. However, in accordance with the TABOR
Amendment, a vote of district properties would be necessary to allow the City to enter into a multi-
year obligation to collect assessments over time. The alternative to a 10 year payback is an
immediate onetime assessment of thefull amount due. This onetime assessment, without the option
to pay in installments, would likely produce a greater protest from involuntary participants.
Included in these items is a resolution setting this assessment question on the November ballot.
Resolution 2003-122 accepting the petitions and directing City staff to prepare the plans and cost
estimates was adopted by City Council on November 4, 2003.
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The City has adopted Special Improvement District criteria and policies set forth in the "Special
Improvement Districts Manual, Section II, Policies", as listed below.
1. All public improvements as described in Chapter 16 of the City Code shall be eligible for
inclusion in an Improvement District("District'). However, the City may exclude certain
improvements when it deems such improvements are not in the best interests of the City.
2. The City reserves the right to deny the creation of any District.
3. The proposed District should be consistent with the Maser Street Plan and other planning
documents of the City. The district should have an approved Master Plan. An approved
Preliminary Plan may be required if local street or utility improvements are to be included
within the District. The City may also require a Storm Drainage Plan to be submitted.
4. The total cost of the District should not exceed the appraised value of the improvements and
the land to be included in the District.
5. The amount of encumbrances on the land in the District including the assessments of the
District should not exceed 90%of the value of the land including the improvements without
being acknowledged by subordinate lien holders, or the posting of a surety from a
recognized company for 100% of the principal and interest of the construction cost of the
District.
6. The cost to be borne by the City in a District must be currently available or minimized
and/or deferred through credits or other mechanisms.
7. The City has the option to require property owners within the District to manage
construction of the improvements themselves or through Professional Engineers where it is
to the City's advantage to do so and theproposed managers can demonstrate experience and
competence.
8. The City has the option to require privately managed Districts to bid and award contracts
for construction of the public improvements when provided for in the District's Master
Agreement and performed in conformance with the City Charter.
9. Construction activities of District improvements should not cause extraordinary
inconvenience to properties choosing not to be a party to the District.
10. Should a default in the assessmentpayments of a District occur, the City shall have the right
to immediately proceed with all legal remedies including a tax deed and sale ofthe affected
land.
11. The City Manager may establish administrative policies and procedures for the
Improvement District process and may recommend appropriate fees to the City Council.
12. Proposed improvements should be of benefit to the City within a reasonable time frame."
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City Manager Atteberry introduced the agenda item and stated Matt Baker, Street Oversizing
Program Manager, would be presenting the staff report.
Matt Baker stated the Timberline roadway improvements, from Drake to Prospect, are greatly
needed. The intersection at Timberline and Prospect is currently the highest deficiency segment in
the City street network. He stated attempts by the City to create funding sources to alleviate these
deficiencies have not been successful. He showed photos and illustrations of the intersection to
Council and stated two developments, Sidehill and Mansion Park, which are located south of the
intersection, are the largest contributors to the roadway improvement project. He noted Saint
Charles Investment Group sold the City ten acres of its property for the future Police Services
facility and as part of that transaction, the Mansion Park developer fronted money for the roadway
frontage improvements and the preliminary roads around the Police Department site. Baker stated
the developments cannot proceed because the City has an Adequate Public Facilities (APF)
Ordinance which does not allow additional development to impact failing intersections within the
City. New development within a one-mile radius of the intersection cannot proceed until the
existing deficiencies are corrected. He stated $2.5 million is needed to improve the intersection to
minimum levels of service and the area developers have approached the City offering to fund these
improvements. Baker noted these improvements will not be the ultimate improvements;however,
they will bring the intersection up to a level of service D for 10 years. He described the funding
sources for these interim improvements as well as for the ultimate improvements.
Baker described the items for consideration: the appropriation ordinance which includes the $2.5
million from the developers for the APF improvements, $1.4 million contributed by the developers
for their local street frontage, $3.489 million from street oversizing, and the money from the
Mansion Park developer which was put in escrow for the perimeter roads around the Police Services
property. The total interim project budget is approximately $8.68 million. He described the
Resolution to accept the plans, approve the assessment method, and set the date for public hearing
for Special Improvement District No. 94, noting the developers who have put forth the money for
the improvements have petitioned for the formation of an involuntary special improvement district
as a funding mechanism that will allow some of the cost to be distributed between other
undeveloped properties in the area because it benefits those properties. He stated if this Resolution
is adopted, Council will hold the public hearing and consider the creation of the Special
Improvement District on August 16, 2005. He stated the ordinance assessing costs for
improvements in the District will be considered upon completion of the construction.
Baker noted the City would not incur any financial liability for this District and would only act as
the collection agency for the assessments. He stated the assessments are based on the requirements
of the APF Ordinance which includes undeveloped parcels in a 1-mile radius that generate trips
causing a 2% increase in delay to the intersection traffic. These properties would be unable to
develop until these improvements are made. He stated parcels were only included in the District
if they contributed greater than a 2%increase in delay to the intersection traffic. He stated the City's
appraiser calculates the value to the properties in the District at between $4.6 and 6.8 million. He
stated staff is requesting adoption of a Resolution to authorize a change order to complete the plans
and provide drawings for the engineering. Baker noted there is also a TABOR requirement that the
City get approval via an election, from the property owners in the District, to assume a multi-year
financial obligation. He stated that on August 16, Council will consider placing the question of
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whether to allow the City to collect the SID assessments over time on the November 2005 ballot for
a special election of the SID property owners. He presented an estimated time line for the SID and
stated there is an overall positive attitude regarding the District.
Councilmember Manvel asked if a second left turn lane would be added going west on Prospect.
Baker replied, as part of the improvements, some of the intersection will hopefully be built out to
its ultimate improvement with a dedicated right turn lane and double left turn lanes from westbound
Prospect to southbound Timberline.
Councilmember Manvel asked about the finances on the road improvements and how the road
frontage will be improved in front of those companies which have not agreed to front the money.
Baker replied the other businesses have been given the opportunity to contribute but have taken a
more"wait and see" attitude and have elected not to be part of the roadway project at this time. He
stated they will be assessed for the intersection improvements through the SID and,if they do decide
to develop at a future point, will have to do their own roadway improvements as would any
developer.
Councilmember Manvel asked if this would mean the roadway sections will not all be done to the
same standard, or if they are all going to be done, who will be responsible for payment. Don
Bachman, Engineering Policy and Budget Manager, replied Timberline will be completed in front
of those properties,they will be assessed as part of the District,and when they develop in the future,
they will be responsible for paying the developer's cost back to the City. He stated the four-lane
arterial will be completed from Drake to Prospect.
Councilmember Roy thanked staff for the presentation and asked how much it will cost to re-do the
intersection to the ultimate standards. Bachman replied it will be about $4.8 million to go to an
ultimate 4-lane.
Councilmember Roy asked for a description comparing the ultimate improvements with the interim
improvements. Baker replied the interim improvements will include a right-turn lane on Timberline,
two through lanes, double left turn lanes, a traffic control median, two more through lanes, bike
lanes, and a sidewalk up to the end of the bridge. He stated Prospect Road will be widened to
include two left-turn lanes and a right-turn lane and there will be additional widening for the
ultimate improvements.
Mayor Hutchinson asked staff to clarify the relationship of the potential capital tax. Bachman
replied the $4.8 million needed to go from the interim four-lane improvement to the ultimate four-
lane improvement is on the draft list for Building on Basics 2005 funding and added the ultimate
improvements would likely come in about 10 years,which happens to coincide with the end of the
time the interim improvements will still be effective.
Councilmember Weitkunat asked if the dollars were solely going to the intersection improvements.
Baker replied the APF improvements would include intersection improvements and transitions plus
the additional travel lanes to make this a four-lane arterial to Drake and added these are all part of
the SID funds.
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Councilmember Weitkunat clarified the actions tonight are preliminary steps in getting to the SID
and asked for explanation regarding the fact that the actual existence of the SID cannot occur unless
it is approved on a ballot. Baker replied it is Council's purview to create a Special Improvement
District within the City. He added the TABOR issue is a question of multi-year financial obligation;
therefore, if the measure is not approved, the SID assessments are due and payable immediately at
the time construction is completed and if it is approved, affected land owners would pay the
assessments, with interest, over 10 years.
Councilmember Ohlson asked if the intersection will not be concrete until the final plan ten years
from now is complete. Baker replied that is correct and noted asphalt is a much easier medium to
work with on this interim basis. He stated the ultimate concrete improvements will last an estimated
40 years.
Councilmember Ohlson asked what this SID has in common with those from the 1980s in which the
City had$46 million of debt in Special Improvement Districts. Baker replied this District is nothing
like those earlier districts which were SID improvements assessed against undeveloped property that
was already loaded with debt. He stated the City is not issuing SID bonds, the project is entirely
privately funded by the developers and there is no City money involved. He stated the SID is a
collection mechanism to repay the developers the $2.5 million they are fronting for the APF
improvements.
Councilmember Ohlson asked staff to explain the concept of"oversizing." Baker replied street
oversizing is a title the Special Enterprise Impact Fee Fund has been saddled with since its creation
because it deals with oversizing arterial roadways from local streets. He stated it is a transportation
impact fee based on trip generation of new development and added it is a revolving fund in the sense
that money comes in with development projects and goes out with arterial roadway improvement
projects near the new developments.
Councilmember Ohlson stated he is a believer in boards and commissions and the level of detail and
information those members can bring to an item. He expressed concern about not seeing any
recommendation or discussion from the Transportation Board.
Ron Phillips, Transportation Services Director, replied the Transportation Board has seen this
presentation and is very much in favor of the project; however,the Board did not deem it necessary
to forward a recommendation to Council at this time.
Councilmember Roy asked if the involuntary SID is temporary until the November ballot at which
time it would become voluntary. Deputy City Attorney Eckman replied it is involuntary because
it brings in areas that are not owned by the petitioners of the district.
Phillips added only the affected property owners will be voting in November and not regarding
whether the District will be formed,but only to determine whether the financing will be on a multi-
year repayment schedule or due upon the formation of the District.
Councilmember Roy asked how many properties are being placed in the District that have not
voluntarily come forward to say they want to be part of it. Baker replied there are 22 parcels total
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in the District; two of those parcels are the petitioners, one is the Police Department facility which
will not be assessed because Mansion Park will be picking up its assessment,and there are two other
properties that have volunteered to participate in the project. Baker stated there are probably 15
properties that are involuntarily being included and added he has spoken with about ten of those
investment groups and there is no strong opposition to being included. He added it is clearly a
benefit for these properties because they cannot develop until the APF needs are met.
Councilmember Roy expressed concern about possible eminent domain issues arising with the
properties that would be involuntarily participating. Baker replied most of the SID properties are
not affected by the eminent domain issue because they are financing the APF improvements;
however, there are several properties along the roadway corridor that are affected by eminent
domain. Bachman clarified these properties are affected by the purchase of right-of-way, not
necessarily by eminent domain which would only be used if some type of a purchase agreement
could not be reached.
Councilmember Manvel asked if the Cumberland Group and Saint Charles Investments, both
referenced in the Agenda Item Summary,are the same entity. Baker replied the Cumberland Group
is the investment company iteration of Saint Charles Investments.
Councilmember Manvel asked if any consideration was given to having a rotary-type intersection
at Prospect and Timberline. Baker replied it was considered but the amount of space was
determined to be too small given the location of Spring Creek and the BMC West building.
Councilmember Kastein asked if properties would be assessed more if their impact to the
intersection was deemed to be greater. Baker replied the assessments are based on the number of
trips each property actually puts in the intersection so properties contributing more delay to the
intersection will be assessed more. He added this information is determined based on the current
zoning, size of the property, and the Structure Plan for the properties.
Councilmember Kastein asked if any land use changes, such as rezoning, could result in a change
to the $2.5 million needed for the improvements. Baker replied those changes would probably not
affect the dollar amount for the intersection as the properties were evaluated and best assumptions
were made as to trip generation for certain types of uses allowed in the zoning districts. He added
there may be some flexibility with assessments if the ultimate number of trips generated from a
developed parcel varies greatly from the estimated number.
Councilmember Kastein asked when the money would be due from the properties if the vote fails
in November. Baker replied it would be due immediately after the assessment ordinance which is
right after construction of the intersection. He added the property owners would have 30 days to pay
the bills in full.
Mayor Hutchinson stated the three items would be treated separately with the first item being
Resolution 2005-083 Approving the Preliminary Report of the Directory of Community Planning
and Environmental Services for Timberline and Prospect SID No. 94, the Property to be Assessed
for the Improvements, the Assessment Method and the Date when the Council will Hold a Hearing
and Consider the Ordering by Ordinance of the Proposed Improvements.
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Councilmember Manvel made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 2005-083.
Councilmember Ohlson stated he would support the motion and commended staff on its excellent
work. He stated he would have expected the Transportation Board to provide a memo on an $8.7
million project on an intersection listed as the worst in the City. He added he would hope the Board
would at least give some input in the future.
Councilmember Kastein stated he appreciated the idea and appreciated the property owners coming
forward to pay their share. He commended staffs work on the project.
Mayor Hutchinson agreed in thanking staff and stated this is an innovative approach to getting
something done with one of the worst intersections in Fort Collins.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Mayor Hutchinson stated the next item for consideration is First Reading of Ordinance No. 084,
2005, Appropriating Unanticipated Revenue in the Capital Projects Fund - Timberline Road
Improvements Project and Appropriating Prior Year Reserves in the Street Oversizing Fund for
Transfer to the Capital Projects Fund - Timberline Road Improvements Project to be used to
Construct Improvements on Timberline Road Between Drake and Prospect Roads.
Councilmember Kastein made a motion, seconded by Councilmember Brown, to adopt Ordinance
No. 084, 2005 on First Reading.
Councilmember Roy stated he would support these items primarily because this is a wretched
intersection. He added there are lessons to be learned about having to do things twice,about growth
really not paying its own way, and about not planning correctly. He expressed concern regarding
the intersection being built"okay" once and then having to be re-constructed 10 or 15 years in the
future but hoped this would alleviate the problems with the intersection for citizens.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Mayor Hutchinson stated the next item for consideration is Resolution 2005-084 Authorizing an
Exemption to the Use of a Competitive Process forAdditional Professional Services in Connection
with the Timberline, Drake to Prospect Project.
Councilmember Manvel made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 2005-084.
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The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
City Manager Atteberry recognized Matt Baker, Ron Phillips, Don Bachman, and the City
Attorney's Office for their creative problem solving. He noted this is the kind of work Council has
come to expect from himself and staff.
Ordinance No. 080, 2005,
Appropriating Unanticipated Revenue in the Transportation Services Fund to Be Used to
Conduct the Downtown River District Improvement Project.Adopted on First Reading
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
Pursuant to an Intergovernmental Agreement between the Downtown Development Authority (the
"DDA') and the City of Fort Collins, the DDA is providing $200,000 to the City to conduct the
Downtown River District Improvement Project (the "Project'). The City will provide an in-kind
contribution to the project, of up to $]00,000, through staff time and departmental resources. The
DDA cash contribution will be used to hire a consultant team to assist with this project.
EXECUTIVE SUMMARY
The DDA and the City's departments of Transportation Planning,Engineering,Advanced Planning,
and Utilities have initiated this Project to address the lack of sufficient public infrastructure to
support infill development and redevelopment in the Downtown River Corridor area. This Project
will be co-managed by the City and the DDA. The first phase of the Project includes detailed
design/preliminary engineering and cost estimating of needed transportation and utility
improvements for the area including Jefferson, Willow, Lincoln, and Linden Streets. The
transportation and utility improvements suggested by this Project will help the area achieve the
visions andgoals setforth by City Plan and the Downtown River Corridor Implementation Program.
BACKGROUND
The ultimategoal oftheProject is to implement the recommended improvements suggested by many
planning projects and studies completed for this area in recent years.
The first phase of the Project includes detailed design workfor the necessary transportation and
utility improvements for the area including Jefferson, Willow, Lincoln and Linden Streets.
Subsequent phases of the Project will include securing construction funding,final engineering, and
construction of the identified infrastructure improvements.
This project specifically addresses many of the high priority projects listed in the Downtown River
Corridor Implementation Program report:
1. Linden, Willow, and Lincoln Streetscape Improvements (Istpriority);
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2. Linden/Jefferson intersection project (1st priority);
3. Lincoln Avenue Bridge—part ofstreetscape improvements (1st priority);
4. Jefferson/Riverside Streetscape Improvements,portion along Jefferson only
(I st priority);
5. Linden/Willow Urban Design Features (2nd priority);
6. Gateway Features (3rd priority).
This project will use the overall Downtown River Corridor Implementation Program and other
recent applicable planning projects as a guide and develop detailed engineering drawings for the
streetscape/roadways and utility improvements throughout this area. The design will address
roadway width, alignment, location, grade, surface treatment, on-street parking, and
streetscape/lighting features plus resolve railroad, drainage, utility, natural features, and
environmental issues. The improvements will address all modes of transportation. In addition,
the project will include design plans for the following intersections: Jefferson/Linden,
Jefferson/Lincoln, Willow/Linden, Willow/Lincoln. The designs will address interim and ultimate
improvement levels and include cost estimates and a recommended phasing process as well as
potential funding strategies.
This project will include an extensive public involvement process, including potentially affected
interests such as the property and business owners within the project area, multiple City
departments, the Transportation Board and Planning and Zoning Board (as well as others as
appropriate), City Council, DDA, Downtown Business Association, Colorado Department of
Transportation, and railroad companies.
The construction of the identified infrastructure improvements will be accomplished in the future
by private development and/or redevelopment projects within the district. "
City Manager Atteberry introduced the agenda item and stated Ron Phillips,Transportation Services
Director, would be presenting the staff report.
Phillips stated staff had prepared a brief presentation to address Council's questions and concerns.
Kathleen Bracke, Senior Transportation Planner, gave the staff report stating the Downtown River
District project is a good example of a partnership between the City and the Downtown
Development Authority (DDA). She added this project will take the Downtown River Corridor
Implementation Plan to the next level and will provide a tool to address current infrastructure
deficiencies, both from a transportation and utilities standpoint, and regarding infrastructure needs
for infill and re-development of the area. She stated this project will include an extensive public
involvement process,including the DDA,the Downtown Business Association,and continued work
with City boards and commissions. Bracke showed a map illustrating priority projects according
to the Downtown River Corridor Implementation Plan. She stated those priorities include
streetseape improvements along Jefferson, street and pedestrian improvements along Willow,
Linden, and Lincoln, and area intersection improvements. Bracke added the project area and
improvements are all located outside the Poudre River Buffer Area established in 1997 and are also
outside the Poudre River floodplain area. Bracke stated circulation and capacity needs for motor
vehicles and other transportation modes, on and off street parking needs, and the utility
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infrastructure will also be considered. Bracke stated the improvements will be considered regarding
linkages to other areas and the history and context of the area will be taken into account. She stated
the project is scheduled to begin this summer and continue through spring of 2007.
Mayor Hutchinson thanked staff for the quick and detailed response to Council questions.
Councilmember Roy thanked staff for the presentation and asked about the likely entry points for
pedestrian crossing over Jefferson. Bracke replied the pedestrian improvements throughout the
District would be very important to the project but specific locations for crossings have not yet been
developed.
Councilmember Roy stated his concern about the Poudre River buffer zone and asked how the
corridor will be protected in this Improvement District. Bracke replied there are considerable
requirements both from a stormwater standpoint as well as from a natural resources standpoint.
Timothy Wilder, City Planner in Advance Planning, replied the Land Use Code is very specific in
requiring a landscaped buffer for the River. He stated this area is in the River Downtown
Redevelopment District and he showed a map illustrating the buffer zones.
Councilmember Roy made a motion,seconded by Councilmember Manvel,to adopt Ordinance No.
080, 2005, on First Reading.
Councilmember Roy stated he pulled the item because he is excited about the prospect of the
downtown area moving across Jefferson. He stated concern about making certain the Poudre River
corridor is protected and added there are great opportunities for some arts and cultural facilities. He
stated there is great opportunity for public involvement and thanked staff for their presentation.
Councilmember Ohlson noted this Council has the opportunity to deal with this project either with
little controversy or with a great deal of"political bloodletting." He expressed concern about the
lack of mention of environmental sensitivity on staff's list of priorities and the lack of mention of
the Natural Resources Department playing a role in the project. He stated concern about the original
placement of this item on the consent agenda and noted vegetation buffers should not be ornamental
vegetation. He stated he would support the item but expressed great concern over the lack of
mention of environmental issues.
Councilmember Weitkunat commented this is the first phase of a project that details design and
preliminary engineering and cost estimating of transportation and utility improvements in the area.
She added that while other issues are important, they do not necessarily fall in the purview of this
discussion. She stated she was pleased with the information presented and more information would
have been overkill on this particular item.
Councilmember Ohlson disagreed with Councilmember Weitkunat noting the Agenda Item
Summary mentioned this project would address natural features and environmental issues. He
suggested the Second Reading of the Ordinance include the Natural Resources Department with the
other entities.
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City Manager Atteberry replied that change could be made and there was no intention of excluding
departments or issues.
Mayor Hutchinson replied he is in full support and added there is great synchronicity here for a lot
of positive things to happen with the Poudre. He added that Council will hold staff accountable for
the items they have stated will be addressed, including natural features and environmental issues.
Councilmember Kastein stated he appreciated the direction and focus on downtown and getting the
infrastructure done for further improvements is critical. He expressed appreciation for this project
and hoped there will be more in the future.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Other Business
Councilmember Weitkunat made a motion, seconded by Councilmember Brown, to go into
Executive Session, pursuant to Section 2-3 1(a)(1)(d) and 2-31(a)(2) of the City Code, for the
purposes of considering personnel matters and meeting with the City Attorney regarding potential
litigation and related legal issues. The vote on the motion was as follows: Yeas: Councilmembers
Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
(Secretary's Note: The Council adjourned into Executive Session at 8:05 p.m. and reconvened
following the Executive Session at 8:55 p.m.)
City Manager Atteberry stated, regarding the validity of the Fraternal Order of Police Collective
Bargaining Ordinance,if Council adopts the Resolution before them,the Mayor would not proceed
with the selection of an arbitrator as is required by the Ordinance. He stated that instead, the City
Attorney would file a declaratory judgement action testing the validity of the Ordinance by the end
of next week. Atteberry stated staff believes that arbitration, as required by the Ordinance, would
constitute an unlawful delegation of the powers and responsibilities of the City Council and the City
Manager as contained in the Fort Collins City Charter. He added staff believes it would not be in
the best interest of the City of Fort Collins to proceed to binding arbitration unless and until a court
of competent jurisdiction determines that the City Council and the City Manager can be required by
the Ordinance to do so. Atteberry stated the staff recommendation is to adopt Resolution 2005-085
Directing the City Attorney to File a Declaratory Judgment Action in the District Court Regarding
the Validity of Chapter 2, Article VII, Division 7 of the City Code Pertaining to Collective
Bargaining.
Councilmember Manvel made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 2005-085.
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Mayor Hutchinson stated his comments were summarized in City Manager Atteberry's comments
regarding potential legal issues.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Weitkunat made a motion, seconded by Councilmember Ohlson, to cancel the
regular meeting of August 2, 2005, in order to attend the "Neighborhood Night Out" celebrations.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Mayor Hutchinson noted a Council retreat is scheduled for August 5, 2005. He noted the primary
agenda item is the 2-year Council Policy Agenda and asked for input regarding other items. He
added Councilmember Roy has suggested a discussion on health issues.
Councilmember Ohlson asked that Council be flexible over the two years for evolution of priorities.
Councilmember Manvel agreed.
Councilmember Roy stated he would like to see City employee health benefits and compensation
on the agenda.
Councilmember Kastein stated there are other issues he would like to see on the table before
compensation and benefits, given there was just a work session on that topic.
Councilmember Ohlson stated he would like to see more discussion on compensation and benefits
and added the retreat could be a time to determine if that should be added to the Policy Agenda for
further consideration.
Councilmember Weitkunat noted there would be additional time to narrow down the specific agenda
items.
Councilmember Ohlson stated he would like to discuss the role of local government in the local
economy and get some clarification of timing,finance and budget,rather than the minutia of policy.
Mayor Hutchinson agreed that lining out general policies is more important right now.
Councilmember Kastein asked what the next dates for working on the Policy Agenda would be.
Council agreed to meet only on Friday, August 5 rather than extending the retreat to Saturday,
August 6.
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Councilmember Weitkunat made a motion, seconded by Councilmember Ohlson, to adjourn to
Thursday,July 28,2005 at 6:00 p.m. in order to conduct mid-year evaluations for the City Manager,
City Attorney, and Municipal Judge.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Adjournment
The meeting adjourned at 9:10 p.m.
Mayor
ATTEST:
City Clerk
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July 28, 2005
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting - 6:00 p.m.
A special meeting of the Council of the City of Fort Collins was held on Thursday, July 28, 2005,
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: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy, and
Weitkunat.
Staff Members Present: Atteberry, Krajicek, Roy.
Other Business
Councilmember Kastein spoke regarding the MPO Regional Transportation Authority(RTA). He
stated it is a taxing district for transportation which member entities vote to form. He added any tax
monies raised also need to be approved by voters in that district. He stated he believed the City
should be part of that discussion as the largest city in northern Colorado and asked to take part in
the discussions as Fort Collins' representative. He stated he would work to give the RTA a separate
funding stream from the State's regional transportation dollars which are slated to be eliminated in
2006. He stated he would advocate for road projects, a transit element, and possibly a tax for rail
transportation. He asked for a consensus opinion from Council to allow him to start taking place
in the discussions.
Councilmember Brown stated his support.
Councilmember Weitkunat stated the City always needs to be at the table for these kinds of
discussions.
Councilmember Roy stated concern about applying local tax dollars to regional needs when we have
local funding deficiencies.
Councilmember Ohlson asked Councilmember Kastein how much he balances his personal
viewpoints with those of the majority of Council. Councilmember Kastein replied he does balance
his opinions and noted the last RTA discussions ended because the Council at the time was not in
favor of an RTA although his personal opinion was different.
Councilmember Ohlson stated he does not have a problem with Councilmember Kastein
participating in the discussions but he does not want that construed as support because he would
likely not support an RTA.
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July 28, 2005
Councilmember Manvel stated the City does need to have representation and added he agreed with
Councilmember Ohlson's thoughts.
Mayor Hutchinson stated he witnessed Councilmember Kastein represent the Council at a meeting
on the issue and he is certain that will continue. He added Fort Collins needs to be a regional player
in these discussions.
City Manager Atteberry reminded Council that the City Managers of Loveland and Fort Collins,the
two Transportation Directors in the County, and the Public Works Director, are working together
on a west side (of I-25) RTA. He asked if Council would like those discussions to proceed on a
parallel track or if they should be put on hold.
Councilmember Kastein suggested putting those discussions on hold at least until the MPO has one
meeting. City Manager Atteberry asked to be informed of the results of those discussions.
Mayor Hutchinson stated the Leadership Team met to look at the retreat agenda and, as was
previously determined, the main focus will be the Policy Agenda. He stated the time of the retreat
will be noon to 7:00 p.m. on August 5. He asked Council if there were other agenda items.
Councilmember Ohlson replied he would like to have a historical briefing on how the City arrived
at its current financial situation as well as discussions about previous years' budgets,the status thus
far of 2005, and 2006-2007 projections. City Manager Atteberry replied he would make certain
Council had that information prior to the retreat. Appropriate staff will be available for discussions
at the retreat.
Councilmember Weitkunat clarified Councilmember Ohlson was looking for financial documents
related to the budget. Councilmember Ohlson replied it is actually information based on audit
numbers and financial documents but placed in a format from which trends can be determined.
Councilmember Weitkunat asked if 2005 numbers are available. City Manager Atteberry replied
he will get the best information possible but the numbers will not be audited.
Councilmember Kastein asked what the progress of the Finance Committee has been. City Manager
Atteberry replied there is a meeting scheduled in August to hear the presentation of the 2004 audit
and added he would appreciate some time with the Finance Committee members to go over the
budget information in detail.
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Executive Session Authorized
Mayor Pro Tern Weitkunat made a motion, seconded by Councilmember Manvel, to adjourn into
executive session under Sections 2-31(a)(1)(a), 2-31(a)(1)(d), and 2-31(2) of the City Code to
discuss personnel matters, including review of the performance and proposed compensation and
benefits of the City Manager, City Attorney, and Municipal Judge, and to consult with the City
Attorney regarding potential litigation. The vote on the motion was as follows: Yeas:
Councilmembers Brown,Hutchinson,Kastein,Manvel,Ohlson,Roy,and Weitkunat. Nays:None.
THE MOTION CARRIED
(Secretary's Note: The Council adjourned into Executive Session at 6:30 p.m. and reconvened
following the Executive Session at 10:06 p.m.)
Adiournment
At the conclusion of the Executive Session, the meeting adjourned at 10:06 p.m.
Mayor
ATTEST:
City Clerk
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