HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2007 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE J ITEM NUMBER: 6
AGENDA ITEM SUMMARY DATE: July 17, 2007
FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek
SUBJECT
Consideration and Approval of the Minutes of the June 5,2007 and June 19,2007 Regular Meetings
and the Adjourned Meetings of June 12, 2007 and June 25, 2007.
June 5, 2007
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, June 5, 2007, at
6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
b the Councilmembers: Brown Hutchinson Manvel Ohlson Po aw Ro and Troxell.
Y g PP Y,
Staff Members Present: Atteberry, Krajicek, Roy.
Mayor Hutchinson recognized the Poudre High School National Science Bowl winners and
presented each winner a Key to the City.
City Manager Atteberry recognized the graduates of CityWorks 101,which was an eight-week class
that provided citizens with an in-depth perspective of City operations.
Citizen Participation
Nancy York, 130 South Whitcomb, urged Council to adopt a resolution calling for the withdrawal
of the United States from Iraq.
Matt Lawrence, 318 West Laurel, asked Council to pass a resolution calling for the withdrawal of
troops from Iraq as this was a local issue since a local man was recently killed in Iraq.
Jerry Dusbabek, 1125 Doral Place,stated his concerns with establishing an RTA that would tax Fort
Collins residents but build new exit ramps at the Windsor and Loveland exits to benefit businesses
outside of Fort Collins and remove more tax dollars from Fort Collins.
Zach Heath, 408 1/2 East Elizabeth Street, urged Council to consider a resolution calling for the
withdrawal of troops from Iraq as there seemed to be many citizens interested in this debate.
Monte Barry, 415 South Howes, asked Council to adopt a resolution urging the United States to
withdraw from Iraq immediately since the reasons for the war were all based on lies.
Joe Kissell, 913 West Oak, spoke against the war in Iraq and urged Council to adopt a resolution
calling for immediate withdrawal of U.S. troops as the war is draining the United States of money
and resources that could be used for the benefit of American people in need, such as Community
Block Development Grant funds.
Mary Smith, 1618 Sagewood Drive, invited the Council and City Manager to a public forum held
June 13th, hosted by State Representative John Kefalas, to discuss residential trash hauling and
recycling in Fort Collins.
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June 5, 2007
Citizen Participation Follow-up
Mayor Hutchinson stated a resolution urging withdrawal from the war in Iraq was not an issue
Council should address. It is a national issue and every citizen has a duly elected United States
Congressional Representative and Senator who are responsible for that national issue and should be
contacted. Council is a non-partisan group, elected on local issues to govern the City. No one ran
for office based on a position on a national issue.
Councilmember Roy stated it is appropriate for citizens to ask Council to consider this resolution.
Council often deals with issues dealing with national monies on a local level.
Aeenda Review
City Manager Atteberry recommended Item#16 Resolution 2007-057 Making Findings of Fact and
Conclusions Pertaining to the Appeal of Peter Schultz Regarding the Decision of the Building
Review Board as Contained in Resolution 2007-1 of the Building Review Board Pertaining to 505
Locust Street be withdrawn from the Consent Calendar to allow Councilmember Manvel to
withdraw from voting on this Resolution as he did not participate in the discussion of the item.
Mary Rose Bekkela, 13617 Elmore Road, Longmont, requested Item #15 Items Relating to the
Loveland-Fort Collins Municipal Airport be removed from the Consent Calendar.
CONSENT CALENDAR
6. Second Reading of Ordinance No. 065, 2007, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities and the Fort Collins
Convention and Visitor's Bureau.
This Ordinance, unanimously adopted on First Reading on May 15, 2007, appropriates
lodging tax revenues that were in excess of 2006 budgeted lodging tax receipts to Cultural
Development and Programming("CDP"),Visitor Events, and the Convention and Visitors
Bureau("CVB")accounts. Lodging tax revenue for 2006 was estimated to be$610,521 and
the 2006 budget appropriated an equal amount. However, actual receipts totaled $841,586
for 2006 and the difference of$231,065 has not been appropriated.
7. Second Readingof f Ordinance No. 066, 2007, Appropriating Proceeds from the Refunding
Certificates of Participation("COPs"), Series 2007 Representing Assignments of the Right
to Receive Certain Revenues Pursuant to an Amended and Restated Lease Affeement dated
as of MU 1, 2007, Between the Fort Collins Leasing CoMoration and the City of Fort
Collins for the Purpose of Refunding the 1998 and 1999 COPS and for Costs of Issuance of
the 2007 Refundine COPS.
The Finance Department monitors the interest rate environment for opportunities to refinance
the City's debt and achieve savings for the organization. This Ordinance, unanimously
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June 5, 2007
adopted on First Reading on May 15, 2007, appropriates in the Fort Collins Leasing
Corporation Debt Service Fund, $14,595,000 of proceeds from the 2007 Refunding COPS
issued for the purpose ofref ending the 1998 and 1999 Certificates of Participation that were
originally issued for the construction of the City's Mason Street Parking Structure, the 215
North Mason Office Building and an off-site Police Facility and the payment of costs
associated with the 2007 refunding transaction. This refunding resulted in $997,419 in
savings to the City over the next 11 years. The refunding was also structured to realize
$759,907 of those savings in fiscal year 2007.
8. Second Reading of Ordinance No. 067,2007,Amending Section 2-462 of the City Code to
Allow for Inclusion of a Member of the Larimer County Board of Commissioners on the
Board of Directors of the Downtown Development Authority.
This Ordinance,unanimously adopted on First Reading on May 15, 2007, amends the City
Code to increase the number of members on the Downtown Development Authority Board
of Directors from nine to eleven, and designates that one of the additional seats will be
occupied by a member of the Larimer County Board of Commissioners.
9. Items Relating to the North College Avenue Improvements Project.
A. Second Reading of Ordinance No. 068, 2007, Authorizing the Conveyance of Two
Parcels of Real Property on North College Avenue to the Department of
Transportation, State of Colorado.
B. Second Reading of Ordinance No. 069, 2007, Authorizing the Conveyance of a
Parcel of Real Property at North College Avenue and Willow Street to the Adjacent
Property Owner.
C. Second Reading of Ordinance No.070,2007,Appropriating Unanticipated Revenue
in the Neighborhood Parkland Fund To Record the Transfer of Real Property from
the Neighborhood Parkland Fund to the Capital Project Fund-North College Avenue
Improvements Project.
In 2003,the City completed the North College Avenue Improvements Project. This Project
included improvements to paving, sidewalks,pedestrian lighting, crosswalks, and drainage
in the area between North College Avenue and Jefferson Street. These Ordinances,
unanimously adopted on First Reading on May 15, 2007, complete the final transactions
needed for this project.
10. Second Reading. of Ordinance No. 071. 2007, Vacating a Portion of Right-of-way as
Dedicated on the Plat of Rigden Farm Filing One.
The Rigden Farm development site is located south of Drake Road,east of Timberline Road
and west of Ziegler Road. As a part of Rigden Farm, Filing One, it was anticipated that an
unnamed street would extend westerly beyond Kansas Drive between Custer Drive and
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June S, 2007
Limon Drive. The street stub for this anticipated street was dedicated with Rigden Farm,
Filing One. Rigden Faun, Twelfth Filing Brooklyn Park Row Houses for which an
Administrative Hearing was held on February 12,2007 shows that the street stub is no longer
needed and will be removed. Therefore, the right-of-way for the street stub is no longer
necessary. This Ordinance,unanimously adopted on First Reading on May 15,2007,vacates
the right-of-way.
11. Items Relating to the Completion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing the Federal Community Development Block Grant(CDBG)Program and
HOME Investment Partnership (HOME) Program Grants, and the City's Human Services
Program.
A. Second Reading of Ordinance No.072,2007,Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Projects in the Community
Development Block Grant Program.
B. Second Reading of Ordinance No. 073,2007,Appropriating Unanticipated Revenue
in the HOME Investment Partnership Program.
Adoption of these ordinances, unanimously adopted on First Reading on May 15, 2007
completes the spring cycle of the competitive process for allocating City financial resources
(CDBG/HOME/Human Services funds) to affordable housing programs/projects and
community development activities.
12. Second Reading of Ordinance No. 074, 2007, Appropriating Prior Year Reserves and
Unanticipated Revenue Designated for Library Improvements in the Capital Improvement
Expansion Fund and Prior Year Reserves in the General Fund for Transfer to the Cit3fs
Capital Projects Fund to Construct a Southeast Branch Library.
This Ordinance, unanimously adopted on First Reading on May 15, 2007, appropriates an
additional $1.1 million for the branch library project. Staff is now estimating the cost of the
branch library project,including furnishings,technology,books and materials at$6.6 million.
This is $1.1 million more than previously estimated. Funding is available from library
capital expansion impact fees, from library equipment and savings reserves and from
donations to the library. Adoption of this Ordinance appropriates $1.1 million from these
sources to the branch library project. Actual costs may be less than estimated. The City will
only pay actual costs. Staff will work hard to contain actual costs without compromising the
quality of the project.
13. Second ReadinLz of Ordinance No. 075, 2007, Appropriating Unanticipated Revenue from
the Fort Collins Regional Library District for Continuation of Library Services for Fiscal
Year 2007.
When Council approved the 2007 Budget last November,$1.2 million was also appropriated
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June 5, 2007
for library services. This appropriation was intended to serve as funding during the transition
of the library services from City operations to District operations. The District and the City
will need to approve an intergovernmental agreement prior to full operations commencing
under the direction of the District. This ordinance, unanimously adopted on First Reading
on May 15, 2007, allows funding of library services to continue under City direction for
2007. The City will also be reimbursed for expenses incurred during the first quarter of
2007. From that point forward, the City will be reimbursed on a monthly basis. These
reimbursements will occur within thirty days after the close of the month during which the
charges were incurred.
14. Second Reading of Ordinance No. 076, 2007,Authorizing.the Lease of Property at the Fort
Collins-Loveland Municipal Airport to Alliance Equipment Company. RLLLP, for the
Storage of Construction Equipment and Supplies.
This Ordinance,unanimously adopted on First Reading on May 15,2007,authorizes a lease
to Alliance Equipment Company, RLLLP of two acres of Airport property for outdoor
storage of construction equipment and supplies.
15. Items Relating to Loveland-Fort Collins Municipal Airport.
A. Resolution 2007-056 Authorizing the Execution of a Grant Agreement with the State
of Colorado for Funding of Airport Projects at the Fort Collins-Loveland Municipal
Airport.
B. First Reading of Ordinance No. 077,2007, Authorizing the Appropriation of Funds
for the Fort Collins-Loveland Municipal Airport for Additional Capital and
Operating Expenses.
A grant from the State of Colorado in the amount of$250,000 has been offered to the Cities.
Approval of the grant is requested at the June 5th meeting in order to meet the State's
deadline for encumbering these funds prior to the end of the month, which is its fiscal year
end. The funds will be used for half of the Cities' matching funds for the FAA Grant and
partial reimbursement for a snow plow blade, equipment storage building, clean up of
contaminated soils, and pavement maintenance.
Additional appropriations in the amount of$592,110 are needed for Airport improvements.
16. Resolution 2007-057 Makin Findings indings of Fact and Conclusions Pertaining to the Appeal of
Peter Schultz Regarding the Decision of the Buildina Review Board as Contained in
Resolution 2007-1 of the Building Review Board Pertaining to 505 Locust Street.
On April 11, 2007, Peter Schultz filed a Notice of Appeal to City Council appealing the
February 22, 2007 decision of the Building Review Board(hereafter`BRB")regarding the
use and occupancy of the building at 505 Locust Street as a duplex.
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June 5, 2007
On May 15, 2007, City Council voted to modify the decision of the BRB as stated in this
Resolution. In order to complete the record regarding this appeal,the Council should adopt
a Resolution making findings of fact and finalizing its decision on the appeal.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
6. Second Reading of Ordinance No. 065, 2007, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities and the Fort Collins
Convention and Visitor's Bureau.
7. Second Reading of Ordinance No. 066, 2007, Appropriating Proceeds from the Refunding
Certificates of Participation("COPs"), Series 2007 Representing Assignments of the Right
to Receive Certain Revenues Pursuant to an Amended and Restated Lease Agreement dated
as of May 1, 2007, Between the Fort Collins Leasing Corporation and the City of Fort
Collins for the Purpose of Refunding the 1998 and 1999 COPs and for Costs of Issuance of
the 2007 Refunding COPs.
8. Second Reading of Ordinance No. 067,2007,Amending Section 2-462 of the City Code to
Allow for Inclusion of a Member of the Larimer County Board of Commissioners on the
Board of Directors of the Downtown Development Authority.
9. Items Relating to the North College Avenue Improvements Project.
A. Second Reading of Ordinance No. 068, 2007, Authorizing the Conveyance of Two
Parcels of Real Property on North College Avenue to the Department of
Transportation, State of Colorado.
B. Second Reading of Ordinance No. 069, 2007, Authorizing the Conveyance of a
Parcel of Real Property at North College Avenue and Willow Street to the Adjacent
Property Owner.
C. Second Reading of Ordinance No.070,2007,Appropriating Unanticipated Revenue
in the Neighborhood Parkland Fund To Record the Transfer of Real Property from
the Neighborhood Parkland Fund to the Capital Project Fund-North College Avenue
Improvements Project.
10. Second Reading of Ordinance No. 071, 2007, Vacating a Portion of Right-of-way as
Dedicated on the Plat of Rigden Farm Filing One.
11. Items Relating to the Completion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing the Federal Community Development Block Grant(CDBG)Program and
HOME Investment Partnership (HOME) Program Grants, and the City's Human Services
Program.
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June S, 2007
A. Second Reading of Ordinance No.072,2007,Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Projects in the Community
Development Block Grant Program.
B. Second Reading of Ordinance No.073,2007,Appropriating Unanticipated Revenue
in the HOME Investment Partnership Program.
12. Second Reading of Ordinance No. 074, 2007, Appropriating Prior Year Reserves and
Unanticipated Revenue Designated for Library Improvements in the Capital Improvement
Expansion Fund and Prior Year Reserves in the General Fund for Transfer to the City's
Capital Projects Fund to Construct a Southeast Branch Library.
13. Second Reading of Ordinance No. 075, 2007, Appropriating Unanticipated Revenue from
the Fort Collins Regional Library District for Continuation of Library Services for Fiscal
Year 2007.
14. Second Reading of Ordinance No. 076,2007,Authorizing the Lease of Property at the Fort
Collins-Loveland Municipal Airport to Alliance Equipment Company, RLLLP, for the
Storage of Construction Equipment and Supplies.
Ordinances on First Reading were read by title by City Clerk Krajicek.
15. First Reading of Ordinance No. 077, 2007,Authorizing the Appropriation of Funds for the
Fort Collins-Loveland Municipal Airport for Additional Capital and Operating Expenses.
21. First Reading of Ordinance No. 078, 2007, Amending the City of Fort Collins Land Use
Code To Implement Transit Oriented Development.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt and approve
all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson,
Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
Ordinance No. 062, 2007,
Amending Chapter 26 Article IV of the City Code
to Revise Wastewater Pretreatment Program Requirements,Adopted on Second Reading.
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance changes City Code provisions in order to provide specific City Code supportfor two
programs currently in place, one new issue and some definition changes to align the Code with
current EPA language. The regulating of mercury waste into the wastewater system, and the
regulating of RV waste discharged into the wastewater system are programs that are currently in
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place. The proposed zero discharge changes are an outcome of the annual EPA Industrial
Pretreatment Program audit during which the EPA recommended the use ofzero dischargepermits
to monitor certain businesses and directed the City to update some definitions.
Ordinance No. 062, 2007 was unanimously adopted on First Reading on May 1, 2007 and postponed
on Second Reading to June 5, 2007. It modifies the following wastewater industrial discharge
provisions of the City Code:
• Section 26-206 Definitions
Grab Sample—As directed by the EPA, the definition will be updated to be consistent with
the EPA definition. This modification will be more restrictive as a time limitation will be
specified where one did not previously exist.
Zero-Discharge -A definition ofzero-discharge permit will be added to Code.
RV Wastewater-A definition of RV wastewater will be added to Code.
• Section 26-318 Sampling and analysis
As recommended by the EPA, the required period of records retention for industrial
pretreatment will be changed from three to five years.
• Section 26-343 Discharge limitations
Language will be added to provide the General Manager with authority to request records
from dental practices and obsolete language concerningdate ofinercuryprogram initiation
will also be deleted. This modification does not increase requirements on dental offices but
does clarify the General Manager's authority. This modification also provides a second
disposal option for dentists that is not currently available. It allows amalgam waste to be
disposed ofat licenced hazardous wastefacilities provided it has been labeled appropriately.
Existing Code limits amalgam waste disposal to recyclingfacilities.
• Sections 26-308 and 26-309
Code will be modified to state that, when applicable, a zero-discharge permit may be issued
as the result of an industrial discharge permit application. The City Code modification
provides support for existing permit application requirements. "
Councilmember Troxell thanked staff for the background information provided and stated he had
concerns regarding mercury in the wastewater and the requirements for dentists to install a filter to
keep mercury out of the wastewater system. There was no documented evidence that mercury in the
wastewater system was traceable to dentists. The date presented in the background information did
not pinpoint the source of mercury in the wastewater. Some dentists do not discharge into the
wastewater system but have technologies to capture amalgam that is in their systems,but it is not a
filter. Regulating the dental community by requiring them to install a filter at the cost of$1500 per
dentist with no provision for any exemption to the requirement for the expensive filter was a
concern. This was over-regulation and imposed extra cost for implementing the solution to a
problem that does not seem to exist. Brian Janonis,Water Resources/Treatment Services Manager,
stated staff did not measure dental discharges directly from any specific dentist, but relied on
national surveys and national information, including a study done by the American Dental
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June 5, 2007
Association. The pretreatment ordinance has been effect since July 1,2005 and since that time,there
has been a 30%reduction in mercury loading into the wastewater treatment plants.
Councilmember Troxell stated there were other contributors of mercury to the wastestream.
According to one website,there had been over 100,000 compact fluorescent light bulbs(CFLs)sold
this year in the Fort Collins-Loveland area. These bulbs each contain 5 milligrams of mercury that
could contribute to the presence of mercury in the wastestream. These CFLs could be an even
greater contributor of mercury to the wastestream than dentists as there are many fewer dentists in
the area. This seems to be regulating health care professionals in the community that do not need
to be regulated and yet the City encourages citizens to use CFLs that could contribute much more
mercury to the wastestream. There needs to be a way to be less punitive to professionals and
proactive to help the environment.
Councilmember Ohlson asked if adoption of the ordinance was bringing the City into compliance
with federal regulations or were the standards going"above and beyond" the federal regulations.
Janonis stated these revisions were bringing the City into compliance with the federal guidelines for
the pretreatment program.
Councilmember Ohlson asked if adopting the ordinance puts the City into compliance with either
federal requirements or with just requests or guidelines from the federal government. Janonis stated
at the last pretreatment audit by federal inspectors, the City was cited for exceeding the mercury
loading limits in the wastestream. The audit stated the City must take steps to control the mercury
limits.
Councilmember Ohlson asked for clarification as to why it is a good thing to allow hazardous waste
disposal of mercury as opposed to the recycling and reuse. Janonis stated there is a worldwide glut
of mercury on the market now, there is less and less demand for mercury and it is just stored in
warehouses. The European Union is recommending phasing out of the use of mercury totally
because of its hazardous nature and the best way to do that is to take it off the market by taking it to
a hazardous materials facility where it would be stored indefinitely in a safe manner.
Councilmember Ohlson asked if this was a better method rather than recycle and reuse. Janonis
stated that was correct. The material is so hazardous that it is better to take it out of the system.
Councilmember Manvel stated the revision to the standards allowed a choice for dentists to either
continue in their current method of disposal or disposing of amalgam at a licensed hazardous waste
facility. He asked if a dentist who does not put the amalgam waste into the City's wastewater is
required to install the$1500 filter. Janonis replied that no filter would be required in that case. The
Code pertains to dental amalgam that will reach the wastewater treatment system.
Mayor Hutchinson asked if an exemption would be necessary for a dentist who does not put the
amalgam waste into the City's wastewater. Janonis answered that an exemption would not be
needed.
Councilmember Roymade a motion,seconded by Councilmember Poppaw,to adopt Ordinance No.
062, 2007 on Second Reading.
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June S, 2007
Councilmember Troxell stated his concern about City policies that encourage the use of products
such as the CFLs that use greater amounts of mercury which could impact the wastewater system.
Councilmember Manvel stated the City did need to encourage citizens to handle CFLs along with
the disposal of electronics which have heavy metals, in a responsible fashion.
City Manager Atteberry recommended staff prepare a report as to ways the City can keep hazardous
materials out of the wastestream, either the water system or the County Landfill.
Councilmember Ohlson stated mercury is not wanted in the water system and he supported the
motion.
The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Manvel, Ohlson,
Poppaw, and Roy. Nays: Brown, Troxell.
THE MOTION CARRIED.
Ordinance No. 078, 2007,
Amending the City of Fort Collins Land Use Code
To Implement Transit Oriented Development. Adopted on First Reading.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Staff has identified Transit Oriented Development(T O.D.)as a development pattern that supports
compact urban growth, infill and re-development and multi-modal transportation. As a component
of the Spring 2007Land Use Code Update, T.O.D. represents a significant addition to the Code for
a geographic specific area def ned primarily as the Commercial zone south of Prospect Road. Key
standards address land use, density, height and compatibility. This addition to the Land Use Code
builds upon the establishment of the T.O.D. District and de-regulation of the required minimum
number of parking spaces for multi family adopted by Council in the Fall of 2006.
BACKGROUND
The Land Use Code was first adopted in March 1997. Subsequent revisions have been
recommended on a biannual basis to make changes, additions, deletions and clarifications that have
been identified in the preceding six months. The proposed changes are offered in order to resolve
implementation issues and to continuously improve both the overall quality and"user friendliness"
of the Code. Since T.O.D. is a time-sensitive issue with regard to a Federal grant application, this
item has been forwarded to Council independent ofother more minor Land Use Code changes which
will be considered by Council on June 19, 2007. "
Anne Aspen, City Planner, stated the goals of the Transit Oriented Development(T.O.D.) Overlay
are to facilitate T.O.D. development; to implement existing policies that promote infill and
redevelopment; and to "till the soil" for the Mason Corridor. Staff did in-depth research of other
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communities and discovered five consistent ingredients for successful T.O.D. development:
compact development; district orientation; a diversity of uses, especially mixed-use; a priority on
pedestrians; and ample civic spaces.
More public outreach has been conducted and staff has met with the local legislative action
committee at the Chamber of Commerce and an active group of citizens. Staff has focused its
attention on the part of the T.O.D. Overlay Zone that is south of Prospect. Aspen presented a map
showing the T.O.D. that encompassed areas of Downtown, CSU campus and the 1/4 mile walking
areas around the stations on the Mason Corridor. South of Prospect is primarily the C-Commercial
Zone District.
The ordinance contains two issues that are brought as clean-up from the Fall 2006 Land Use Code
amendments. One adds two parcels to the north end of the Overlay Zone that were overlooked when
staff initially defined the outline of the T.O.D. Overlay Zone. One parcel is a potential site for the
Discovery Center and the other is a small development parcel on Cherry Street. The other clean-up
item adds mixed-use units to the minimum parking requirements for multi-family development
units.
Councilmember Ohlson asked about the reasoning for adding the Cherry Street Station property and
the neighboring site on Cherry to the T.O.D. Overlay Zone and why is changing the parking
standards for the mixed-use dwellings a good idea. The objective performance standards to allow
buildings to increase in height needed to be higher. It was too general to say that by adding certain
parking or 10% affordable housing, then the building can be built up to three stories for different
purposes. He also asked for further information about the enhanced streetscape standards and why
side parking has been removed from the standards. These are substantive changes,not housekeeping
issues. He asked for more information on the Planning and Zoning Board's comment that these
changes would "allow a bit more architectural creativity, including pre-fab architectural metal
panels." He questioned why there was a change in the requirement for display windows. He
requested the answers in writing.
Councilmember Manvel asked if Section 3.10.2.,which does not allow enclosed mini-storage,would
allow bike containers such as are found in the parking structures.
Councilmember Troxell asked what was the impact of the Code changes on auto dealers as there
were several auto dealers located on College, south of Prospect. He noted staff had called the Land
Use Code "user friendly" and questioned the meaning of that term. He stated the Land Use Code
should be predictable and consistent, not arbitrary.
Councilmember Roy made a motion,seconded by Councilmember Manvel,to adopt Ordinance No.
078, 2007, on First Reading.
Councilmember Roy stated his concern with the criteria regarding building heights and asked for
clarification on that standard.
Councilmember Ohlson stated considering the T.O.D.Overlay is important as it affects the potential
for $54 million in federal funding for the Mason Corridor. He stated the Land Use Code was
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developed to be more "user friendly" and predictable but part of being more predictable is that the
Code is more proscriptive. That does not mean there are not alternatives to meeting the Code
requirements as long as the alternatives were equal to,or better than,the Code requirements but there
would not be a lessening of the Code requirements.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Manvel,
Ohlson, Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
Items Relating to the Loveland-Fort Collins Municipal Airport,
Adopted on First Reading.
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
Adoption of this ordinance would appropriate the City's 112 share of the grant proceeds from the
State of Colorado Division of Aeronautics ($125,000); reimbursement funds from tenants of the
Airport Industrial Park ($155,000); and Fort Collins-Loveland Airport prior year reserves
($16,055), to be used for additional capital and operating expenditures that were not included in the
Airport's 2007 Budget.
EXECUTIVE SUMMARY
A. Resolution 2007-056 Authorizing the Execution of a Grant Agreement with the State of
Colorado for Funding of Airport Projects at the Fort Collins-Loveland Municipal Airport.
B. First Reading of Ordinance No. 077, 2007, Authorizing the Appropriation of Funds for the
Fort Collins-Loveland Municipal Airport for Additional Capital and Operating Expenses.
A grant from the State of Colorado in the amount of$250,000 has been offered to the Cities.
Approval of the grant is requested at the June 5th meeting in order to meet the State's deadline for
encumbering these funds prior to the end of the month, which is its fiscal year end. The funds will
be used for half of the Cities'matching funds for the FAA Grant and partial reimbursement for a
snow plow blade, equipment storage building, clean up of contaminated soils, and pavement
maintenance.
Additional appropriations in the amount of$592,110 are needed for Airport improvements.
BACKGROUND
The Airport's 2007 Budget included the FAA $1 Million Entitlement Grant as well as the 5%
matching funds. However, the Airport's Budget did not include the$250,000 State Grant, which was
not known at the time of the budget preparation. It is now being offered to the Cities and work
associated with the Grant is included in the Supplemental request. The grant contract is on file with
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the City Clerk's office and is available upon request.
The Capital projects to be completed with these funds have been identified as high priority by the
Cities, FAA and State Division of Aeronautics. Notable projects being completed with these funds
include: construction of a new taxiway which will open up a new area of the Airport for
development; reconstruction of the cross wind runway; drainage improvements to mitigate storm
water run offproblems; reconstructfailing taxiways in the hangar area;and purchase ofa storage
facility for Airport snow removal equipment.
Also included in the request are funds to hire a new Airport Operations and Maintenance
Supervisor. It has been determined that the current Airport staffing structure does not include
enough adequately trained personnel to meet the minimum FAA requirements for FAR Part 139
Certificated Airports. In order to meet minimum requirements the new position is being created.
The supplemental request of$27,000 will be used for salary and benefits from August 1st to the end
of the year. This full time, benefited position will be included in next year's budget.
An additional appropriation in the amount of$592,110 is needed to cover the expenditures. The
revenue sources are the$250,000 State Grant, reimbursement in the amount of$310,000 from the
Industrial Park tenants for 100% of the cross wind runway reconstruction expenses and$32,110
from the Airport's fund balance. "
Mary Rose Bekkela, 13617 Elmore Road, Longmont, representative of the Falcon T Hangar
Association located at the Fort Collins-Loveland Airport, stated the Association has been
renegotiating its lease for the past nine months. It has been given very broad reasons as to why the
Airport cannot renegotiate the lease. She stated Dave Gordon, Airport Manager, had been unable
to inform the Association what are the plans,according to the Airport Master Plan,for its area of the
T Hangars but the pavement in that area is to be redone. That is part of the funding included in the
Capital Expense Analysis. The Analysis contained a large amount of funds for repaving in that area
of the hangars,yet it was unclear what will happen in the future for that particular area of the Airport.
She questioned the amount of funds being allocated for items that may not necessarily exist in the
future.
Mike Freeman, Interim Chief Financial Officer, stated that it had not yet been determined exactly
how all the properties on site at the Airport will be developed according to the Airport Master Plan.
The capital improvements listed on the Capital Expense Analysis need to occur,whether or not the
T Hangars are reconstructed. There are many lease issues at the Airport that are being addressed by
the two cities and the Airport Steering Committee. Two long-standing lease proposals were
approved by the Airport Steering Committee last month but the Steering Committee has agreed to
cease consideration of any other leases until the uncertainty of the future of the hangars is resolved.
Ms. Bekkela stated there are many lease issues,but nothing is being resolved. There are situations
where the City owns portions of an entire string of hangars and private parties own portions of that
same string of hangars. The Assessor has valued the Association's hangar at $43,000 so there is
value in that property. The leases should be negotiated before money is spent refurbishing taxiways
in front of the hangar. As an owner, she pays rent on the land the hangar sits on, as well as an apron
rent. When the paving is done, part of the paving will be hers to pay for as part of her lease.
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June 5, 2007
Mayor Hutchinson asked how the lease negotiation related to the Airport grant appropriation being
considered. It seemed lease negotiations should come before the Airport Steering Committee,but
did not pertain to this grant appropriation ordinance. Freeman stated that was correct. The item
before Council was requesting appropriation of prior year's revenue and new grant revenue this year.
Lease negotiation is separate from this issue.
Mayor Hutchinson stated he and City Manager Atteberry are on the Airport Steering Committee and
it is diligently working on the lease issues and implementing the Airport Master Plan. The lease
negotiation issue should be directed to the Airport Steering Committee but it is not relevant to
consideration of the appropriation of grant proceeds for general purposes.
Councilmember Manvel asked if there was a timeline for resolution of the issues with the lease
holders. Ms. Bekkela stated her understanding was the repaving would be done this summer. Her
lease was up in September so she would have to pay for a portion of the repaving through her rent.
If her lease is not renewed, then the appropriation would directly affect her.
Mayor Hutchinson reiterated that lease negotiation was a subject for the Airport Steering Committee.
City Manager Atteberry agreed it was an issue for the Airport Steering Committee and not for
Council consideration.
Councilmember Troxell made a motion, seconded by Councilmember Roy, to adopt Resolution
2007-056. Yeas: Councilmembers Brown,Hutchinson, Manvel,Ohlson,Poppaw,Roy and Troxell.
Nays: None.
THE MOTION CARRIED.
Councilmember Brown made a motion, seconded by Councilmember Manvel,to adopt Ordinance
No. 077, 2007 on First Reading. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson,
Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
Resolution 2007-057
Making Findings of Fact and Conclusions Pertaining to the Appeal
of Peter Schultz Regarding the Decision of the Building Review
Board as Contained in Resolution 2007-1 of the Building
Review Board Pertaining to 505 Locust Street, Adopted.
The following is staff s memorandum on this item.
`EXECUTIVE SUMMARY
On April 11, 2007, Peter Schultz filed a Notice of Appeal to City Council appealing the February
22, 2007decision ofthe Building Review Board(hereafter "BRB')regarding the use and occupancy
of the building at 505 Locust Street as a duplex.
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June S, 2007
On May 15, 2007, City Council voted to modify the decision of the BRB as stated in this Resolution.
In order to complete the record regarding this appeal, the Council should adopt a Resolution
makingfindings offact and finalizing its decision on the appeal.
BACKGROUND
The Appellants'notice of appeal was based on the allegations that the following decisions of the
BRB were incorrect:
1. Its determination NOT TO REQUIRE the principle "Party-in-Interest"and owner of the
"Subject Premises",Jeanne Bolton, to obtain a permit to convert the property from a single
family dwelling unit into a two-family dwelling or "duplex".
2. Its determination NOT TO REQUIRE Ms. Bolton to obtain a permit for alterations and
improvements to the property, such as the installation of stair railing, wiring for smoke
alarms, and the enlargement of basement exit windows .
3. Its determination NOT TO REQUIRE fire-rated barriers within the dwelling and NOT TO
REQUIRE one or more permits thereafter.
4. Its determination NOT TO REQUIRE the payment of unspecified fees for conversion and
related alterations to the building from a single-family dwelling into a duplex;as well as the
BRB's determination that it DOES NOT HAVE JURISDICTION to consider and decide
this particular question.
At the May 15, 2007 hearing on this matter, Council considered the testimony of City staff, the
appellant and applicant and their counsel. In subsequent discussions at this hearing, Council voted
to uphold and further modify the decision of the BRB to include the following findings and
conclusions:
1. The incorrect references to the Uniform Building Code in the BRB's Resolution 2007-1 are
to be modified to the International Residential Code.
2. TheBRB's decision that theBuildingOff:cialproperly required issuance ofbuildingpermits
for certain improvements is upheld.
3. The BRB's decision in Resolution 2007-1, that the BRB lacked jurisdiction under the
International Residential Code (IRC) to consider the appellant's appeal is upheld insofar
as that decision was made solely upon Section R112.2 of the IRC, which limits appeals to the
BRB to either applicants or holders of a building permit.
4. The decision of the BRB is modified to state that the Rental Housing Code affords the BRB
jurisdiction to provide final interpretations of all provisions of the Rental Housing Code.
Furthermore, that the BRB should have examined the applicability of the City's Land Use
Code and Building Codes to ascertain whether the applicant was or is required to obtain
formal City approval for conversion of the subject property to a duplex.
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June 5, 2007
5. Based upon the Council's examination of IRC Section R101.2, the present owner has
engaged in no activity toward the conversion of theproperty from a single-family to a duplex
to trigger the application of the IRC. Furthermore, upon examination of the definition of
"development"in Article 5 of the Land Use Code, the owner has not engaged in any activity
that would constitute "development"as the owner has not increased the intensity of the use
of the land with the addition of more dwelling units, having purchased the property in 1984
as a duplex.
6. Although the BRB had jurisdiction under the Rental Housing Code to consider the question
as to whether or not the applicant is required to obtain either a building permit or
development approval and pay related fees,no buildingpermit or development approval was
required because no conversion of the building from a single-family residence to a duplex
was sought by the applicant. All required building permits for alterations were obtained in
accordance with City law."
Councilmember Manvel withdrew from Item#16 Resolution 200 7-05 7Making Findings of Fact and
Conclusions Pertaining to the Appeal of Peter Schultz Regarding the Decision of the Building
Review Board as Contained in Resolution 2007-1 of the Building Review Board Pertaining to 505
Locust Street due to a conflict of interest.
Felix Lee,Director of Neighborhood and Building Services,stated there were some questions raised
at the appeal as to the current procedure for conversions and how staff should consistently treat non-
documented conversions. Some concerns raised during the appeal were whether staff should
consider implementing a different process for older conversions that were done prior to accurate
records or should consideration be given to retroactively collecting all fees for undocumented
conversions to include development review fees,building permit fees,capital expansion fees,plant
investment fees and other fees. Currently, a conversion proposal must go through a development
review process that determines if the conversion is allowed in its current zoning. If so, depending
on the property's zoning,the proposal goes through an administrative review involving the hearing
officer, or has a public hearing before the Planning and Zoning Board. Some zones only require a
building permit process with no other review necessary. Since 1964, the zoning ordinance has
required some accommodation for off-street parking. Once the conversion proposal received
approval,then a permit process might be required for construction work and applicable fees would
be charged, including building permit, capital expansion and plant investment fees for the utility
infrastructure. After fees were paid and construction was completed, there would be a final
inspection and a certificate of occupancy would be issued.
One possible solution to address the issue of undocumented conversions is to amend the Land Use
Code and the Rental Housing Standards to change the wording from "maximum number of
occupants per dwelling unit"to "maximum number of occupants per legal dwelling unit."A legal
dwelling unit would be one that had been through the City's development process. Another proposal
for conversions done after 1965 is to require an owner to provide proof of legal conversion if a
complaint of over-occupancy is received. Proof would consist of an approved development review
and permit records, including a certificate of occupancy.
A suggested approach for undocumented conversions would be, if the conversion occurred before
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June 5, 2007
1965 or some other chosen year and if required documentation cannot be obtained, requiring the
property, at the minimum, to meet minimum health and safety standards in the Rental Housing
Standards, to obtain the necessary building permit and certificate of occupancy and to pay any
applicable fees, based on conversions or alterations required as a result of an inspection. If the
conversion occurred after 1965, undocumented conversions would be assessed all fees in place at
the time the property was converted as was the case at the appeal. An update of the Rental Housing
Standards is scheduled for the August 14 work session and it will include these proposed changes.
City Attorney Roy stated this proposed change to the Rental Housing Standards is not part of the
Resolution before Council. The Resolution is a summary of the decision made at the appeal hearing
and the reasons why the decision was made. The appeal was about how the existing Code provision
should be interpreted. This proposed change is an attempt to clarify what kind of follow-up staff
should work on and what issues should be explored with regard to possible revisions to the Code.
He asked Council to take formal action on the Findings Resolution, then address the proposed
changes and whether it was the direction Council wanted to take.
Mayor Hutchinson stated the proposed solutions were responsive to the questions raised during the
appeal and sets the stage for later discussion.
Councilmember Roy stated he had concerns with dwellings built before 1965 that have been
converted,especially those located in the Old Town area. The proposed requirements on those older
conversions seemed minimal. He asked if the fees assessed on an undocumented conversion,based
on the fees in place at the time the property was converted would be assessed in 1965 dollars or in
2007 dollars i.e., would inflation be included.
Councilmember Roy made a motion, seconded by Councilmember Troxell, to adopt Resolution
2007-057. Yeas: Councilmembers Brown,Hutchinson, Manvel,Ohlson,Poppaw,Roy and Troxell.
Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Ohlson suggested the City form a communitytask force to discuss holiday displays.
He asked for a community task force to be formed to study the issue of trains going through the City,
looking at the issue of whistle noise,the length of trains, the number of trains,the switching yards,
and the possibility of overpasses or underpasses. He asked the City to consider contributing Open
Space funds to Hermit Park. The County has been raising money from both the public and private
sectors to purchase this area.
City Manager Atteberry stated Tess Heffernan is the staff responsible for the holiday display
community task force. She has developed an outline of the scope of work for the task force and that
outline will be provided to Council. A task force to discuss the problems caused by trains will be
formed. Many complaints regarding the trains are received by the Manager's Office. City Manager
Atteberry had recently sent a letter to the railroads, asking them to be "careful" about the use of
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June 5, 2007
whistles. There is potential for the City to partner with Larimer County in the purchase of Hermit
Park, a premier area. He will discuss the option with Natural Resources and report to the Council.
Mayor Hutchinson stated there was a narrow window of time to approve Open Space funds and
asked if a resolution was needed to approve the use of the Open Space funds. City Attorney Roy
stated the only Council action required would be appropriation of the funds,unless there is specific
language in the ballot language that approved Open Space funds to the contrary. The acquisition of
the property interests would not normally require Council approval; it is the disposition of property
interests that requires Council approval.
City Manager Atteberry stated,since Council wished to move forward with contributing Open Space
funds for the acquisition of Hermit Park, he would confer with Natural Resources and Larimer
County and report to the Council.
Councilmember Ohlson stated the 2002 ballot language for Open Space funds might require Council
approval for contribution of Open Space funds.
Councilmember Manvel asked if this would be a contribution to the County for the purchase of
Hermit Park,where the County would own the land or would the City have a property interest in the
area. City Attorney Roy stated he believed the ballot language stated the funds were for acquisition
of property interest but he would clarify that issue.
Councilmember Brown expressed his thanks to all military personnel and, in honor of Memorial
Day, proposed the designation of an upcoming park or a redesignation of a current City park as a
Veteran's Park to honor the heroes who have served the United States.
Councilmember Ohlson stated Edom Park has a Veteran's Memorial already and might be a good
place to consider the proposal.
Councilmember Poppaw urged the holiday display task force to include input from the Human
Relations Commission in the task force outreach.
Councilmember Ohlson made a motion, seconded by Councilmember Manvel, that the Council
adjourn and reconvene after the conclusion of the work session for the purpose of considering other
business. Yeas: Councilmembers Brown,Hutchinson, Manvel,Ohlson,Poppaw,Roy and Troxell.
Nays: None.
THE MOTION CARRIED.
("Secretary's Note: The Council adjourned to the work session at 7:45 p.m. and reconvened
following the work session at 11:50 p.m..)
Councilmember Ohlson made a motion, seconded by Councilmember Manvel, that the Council
adjourn to 6:00 p.m., Tuesday, June 12, 2007 for the purpose of considering additional business,
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June S, 2007
including a possible executive session relating to personnel matters. Yeas: Councilmembers Brown,
Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 11:55 p.m.
Mayor
ATTEST:
City Clerk
74
June 12, 2007
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting- 6:00 p.m.
An adjourned meeting of the Council ofthe City ofFort Collins was held on Tuesday,June 12,2007,
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, Manvel, Ohlson, Poppaw, and Roy.
Councilmembers Absent: Troxell
Staff Members Present: Atteberry, Krajicek, Roy.
Executive Session Authorized
Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to adjourn into
Executive Session pursuant to Section 2-3 1(a)(1)(d) and Section 2-31(a)(2) of the City Code to
consider and discuss strategy matters relating to negotiations with employee groups, including
unions,and to consult with the City Attorney regarding related legal issues. Yeas: Councilmembers
Brown, Hutchinson, Manvel, Ohlson, Poppaw, and Roy. Nays: None.
THE MOTION CARRIED.
(**Secretary's Note: The Council adjourned into Executive Session at 6:00 p.m. and reconvened
following the Executive Session at 7:15 p.m.)
Mayor Hutchinson announced that at the regular Council meeting of June 19th, Council would
formally consider whether to continue to participate in the RTA process to create an agreement
which would be presented to the voters in November.
Adjournment
The meeting adjourned at 7:20 p.m.
Mayor
ATTEST:
City Clerk
75
June 19, 2007
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, June 19, 2007,
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,Manvel,Ohlson,Poppaw,Roy,and Troxell.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Don Sheridan, 2600 Dumire Court, President of the Communication Workers of America Local
7707, asked Council to recognize the Communications Workers of America as the exclusive
bargaining representative of the Utility Services classified, non-exempt employees.
Eric Sutherland, 631 LaPorte Avenue, urged Council to consider policies that reduce dependence
on fossil fuels and lower the amount of greenhouse gases produced. He suggested solutions such
as carbon taxing, greater funding for producing renewable energy sources and improving
conservation and reducing the amount of energy consumed.
George Culpepper,2401 West Stuart Street,Director of Government Affairs,Fort Collins Board of
Realtors, spoke about the many charitable causes members of the Board of Realtors have supported
that improve and help the community.
Al Bacilli 520 Galaxy Court, spoke about his concern with vendor fees.
Joe Kissell, 913 West Oak Street,urged Council to consider a resolution calling for the withdrawal
of U.S. troops from Iraq.
Cheryl Distaso, 135 South Sunset Street, asked Council to consider a resolution calling for the
withdrawal of U.S. troops from Iraq.
Susan Williams, 400 Impala Drive, asked Council to set specific criteria for future Dial-A-Ride
certification.
Ben Schrader, 928 Pioneer Avenue, stated Council should consider a resolution that supports the
immediate withdrawal of troops from Iraq as the war affects the economy locally and was a local
issue.
Marla Swanson, 824 Mathews, asked Council to adopt a resolution calling for withdrawal of troops
from Iraq.
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Vivian Armendariz, 870 Merganser Drive,asked Council to support a Veteran's Parkas a tribute to
veterans for their sacrifice.
Nancy York, 130 South Whedbee,urged Council to support a resolution calling for the removal of
U.S. troops from Iraq as that would be a tribute to veterans.
David May,225 South Meldrum,Chamber of Commerce President,stated vendor fees were returned
to vendors for collecting taxes for the City. A part of the vendor fee is used for the Economic
Development Program for the City. No funds are provided to the Chamber of Commerce from the
City.
Citizen Participation Follow-up
Mayor Hutchinson stated the City Manager has been speaking with Council about unionization of
City employees. City Manager Atteberry stated he had met with the entire Utility Services staff in
the past two weeks to gather information about employee concerns about pay,benefit changes,pay
for performance, and pay freezes and how the City could address those concerns. He did not agree
there was a need for a bargaining unit as the City and Council were planning to address those
employee concerns in the 2008-2009 budget. He has been working with Human Resources to form
an Employee Advisory Committee to give employees an increased level of input into benefits and
other changes. As employees are asked to contribute more for benefits,then they should have a say
in what the coverage looks like. He did not support collective bargaining.
Councilmember Ohlson asked for a report on the Dial-A-Ride certification process and to review
the policies for recertification at a work session.
Agenda Review
City Manager Atteberry stated there were no changes to the Agenda.
CONSENT CALENDAR
6. Consideration and Annroval of the Minutes of the March 6,2007,March 20.2007.Anril 17.
2007, May 1. 2007 and May 15, 2007 Regular Meetings and the Special Meeting of April
10, 2007.
7. Second Reading of Ordinance No. 077, 2007, Authorizing the Appropriation of Funds for
the Fort Collins-Loveland Municipal Airport for Additional Capital and Operating Expenses.
This Ordinance, unanimously adopted on First Reading on June 5, 2007, appropriates the
City's 1/2 share of the grant proceeds from the State of Colorado Division of Aeronautics
($125,000);reimbursement funds from tenants of the Airport Industrial Park($155,000);and
Fort Collins-Loveland Airport prior year reserves($16,055),to be used for additional capital
and operating expenditures that were not included in the Airport's 2007 Budget.
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8. Second Reading of Ordinance No. 078, 2007,Amendin the he City of Fort Collins Land Use
Code To Implement Transit Oriented Development.
This Ordinance, unanimously adopted on First Reading on June 5, 2007, adds Transit
Oriented Development(T.O.D.)to the Land Use Code for a geographic specific area defined
primarily as the Commercial zone south of Prospect Road. Staff has identified T.O.D. as a
development pattern that supports compact urban growth, infill and re-development and
multi-modal transportation. Key standards address land use, density, height and
compatibility.
9. First Reading of Ordinance No.079,2007,Appropriating Proceeds from the Issuance of City
of Fort Collins. Colorado. Stormwater Utility Enterprise, Storm Drainage Revenue
Refunding Bonds, Series 2007, in the Maximum Aggregate Principal Amount of
$21,820,000, in the Stormwater Utility Fund.
The Board of the Stormwater Utility Enterprise will be considering at its next meeting,which
is scheduled to take place after the regular June 19, 2007, Council meeting, Ordinance No.
008 of the Board of the Stormwater Utility Enterprise,which authorizes the issuance of City
of Fort Collins Colorado,Stormwater Utility Enterprise,Storm Drainage Revenue Refunding
Bonds, Series 2007, in the Maximum Aggregate Principal Amount of$21,820,000. The
Bonds will be issued to refund,pay and discharge all or a portion of the outstanding Storm
Drainage Revenue Refunding Bonds and Improvement Bonds,Series 1997,and a portion of
the outstanding Storm Drainage Revenue Bonds, Series 1999.
The City will be paying off higher cost bonds with new bonds that will have lower interest
rates. The passage of Amendment 1 (the TABOR Amendment)by the Colorado voters in
1992, required the City to form enterprises in order for its utilities to be able to issue
municipal bonds without an election. Since that time, all utility bonds have been issued by
the appropriate utility enterprise. However, the City Charter grants only the Council the
power to appropriate the funds. Therefore, this action by the Council is necessary in order
to appropriate the bond proceeds for the Stormwater Utility. Authorizing the issuance of the
bonds and appropriating the proceeds are both necessary to complete the bond transaction.
10. First Reading of Ordinance No. 080, 2007, Amending Section 2-671 of the City Code
Pertaining to Emergency Management Provisions.
The Colorado state agency responsible for emergency management was formally known as
the"State Division of Disaster Emergency Services"and was so identified in City Code Sec.
2-671. It is currently named "Colorado Division of Emergency Management'. The
recommended amendment provides a general term for the state agency that will allow for any
future reorganization and renaming of the State office so that the Code need not be amended
each time the State makes changes.
11. First Reading of Ordinance No. 081, 2007, Making Various Amendments to the Land Use
Code.
Staff has identified a variety of proposed changes, additions and clarifications in the Spring
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2007 biannual update of the Land Use Code. Items relating to Transit Oriented Development
have been separated from this Ordinance and are being considered individually due to the
time-sensitivity relating to procurement of a Federal grant.
12. Resolution 2007-058 Reappointing Gordon F. Esplin as Temporary Judge and Authorizing
the Execution of an Employment Agreement.
Council originally appointed Gordon F. Esplin as Temporary Judge (Assistant Municipal
Judge) in 1989, and has reappointed him every two years thereafter. His current
appointment terminates on June 30, 2007. Municipal Judge Kathleen M. Lane
recommends that Mr. Esplin be reappointed for another two-year term.
Mr. Esplin is currently paid $85 per hour for his services. That rate is well below the
going rate for legal fees in Fort Collins and is at or below the amount paid to other
Assistant Municipal Judges in Colorado who serve only occasionally. However, due to
budgetary constraints, staff is not recommending an increase in the compensation paid to
Mr. Esplin at this time. Mr. Esplin has agreed to continue in this position at the current
pay rate.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 077, 2007, Authorizing the Appropriation of Funds for
the Fort Collins-Loveland Municipal Airport for Additional Capital and Operating Expenses.
8. Second Reading of Ordinance No. 078,2007,Amending the City of Fort Collins Land Use
Code To Implement Transit Oriented Development.
Ordinances on First Reading were read by title by City Clerk Krajicek.
9. First Reading of Ordinance No.079,2007,Appropriating Proceeds from the Issuance of City
of Fort Collins, Colorado, Stormwater Utility Enterprise, Storm Drainage Revenue
Refunding Bonds, Series 2007, in the Maximum Aggregate Principal Amount of
$21,820,000, in the Stormwater Utility Fund.
10. First Reading of Ordinance No. 080, 2007, Amending Section 2-671 of the City Code
Pertaining to Emergency Management Provisions.
11. First Reading of Ordinance No. 081, 2007, Making Various Amendments to the Land Use
Code.
Councilmember Troxell made amotion,seconded by Councilmember Manvel,to adopt and approve
all items on the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson,
Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
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June 19, 2007
Councilmember Reports
Councilmember Ohlson stated the Committee for Public Safety met to examine police staffing
levels. A consultant has been hired to work with the Committee to determine the appropriate staffing
levels that are needed and wanted by the City. A team of citizens will also work with the consultant
and Councilmembers Ohlson and Poppaw.
Regional Transportation Authority (RTA).
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
The purpose of this item is for Council to formally decide whether to participate in further
discussions and negotiations on the proposed Regional Transportation Authority (RTA) and in
preparation of a draft agreement to be presented to voters within the RTA boundaries.
A citizens steering committee has developed a proposed package to be presented to regional voters
in November, 2007.
Fort Collins participated in a regional partnership roundtable meeting on May 30 at the Larimer
County Events Center. The steering committeeproposal waspresented and comments andfeedback
were solicited from participating municipalities and counties. Fort Collins chose not to take a
formal position at this meeting as Council had yet to discuss the issue.
The steering committee proposal and a minority opinion proposal were then brought before the City
Council on June 5 for discussion. Following Council discussion at the work session, the majority
indicated they did not want to pursue further participation in the RTA at this time.
This item will allow for additional Council discussion,public input and a formal motion and vote
as to whether the City should continue participating in the RTA discussions at the present time. "
Mayor Hutchinson stated the purpose of this discussion was to allow Council to formally decide
whether to participate in further discussions and negotiations on the proposed Regional
Transportation Authority and the preparation of the draft agreement to be presented to voters within
the RTA boundaries. The initial draft RTA proposals and projects will be negotiated and changed
until August so there is no final agreement to examine. This discussion was not to focus directly on
the merits of the RTA,but whether Council will participate in further discussions and negotiations
on the RTA through August.
Tim Johnson, 1337 Stonehenge Drive, opposed further Council participation in the RTA process.
George Culpepper,2401 West Stuart Street,Director of Government Affairs,Fort Collins Board of
Realtors, supported continued participation by the Council in the RTA process and allowing Fort
Collins citizens to vote on the issue.
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June 19, 2007
Roger Bailey, 5321 Country Squire Way, supported continued participation by the Council in the
RTA process to work towards regional transportation solutions.
Karen Weitkunat,3009 Phoenix Drive,supported continued participation by the Council in the RTA
process.
Ed Meek,2627 Pasquinel Drive, challenged the make-up of the RTA Steering Committe and stated
the Committee was not diverse enough to represent a broad spectrum of citizens and opposed further
Council participation in the RTA process.
Toni Lueck,2400 North Taft Hill Road,stated regional transportation issues needed to be addressed
and supported continued participation by the Council in the RTA process.
Michael Bello, 2309 Sunstone Drive, urged Council to continue participating in the RTA process
and allow citizens to vote on the issue.
John Gless, 311 Whedbee Street,opposed further Council participation by the Council in the RTA
process as the time frame was too short to correct the flaws in the proposal. The proposal did not
establish a"level playing field" for development fees throughout the region.
Pam Brock, 3056 Bam Swallow Circle,on behalf of the Poudre Valley Health Systems,read a letter
from Rulon Stacy, CEO of PVHS, which supported continued participation by the Council in the
RTA process.
Todd Gilcrest, 6945 Barbuda Drive, stated Council should continue to participate in the RTA
process and allow the citizens to vote on the issue.
Jill Glaser, 2631 Silver Creek Drive, supported continued participation by the Council in the RTA
process.
Blue Hovatter, Fort Collins resident, opposed continued participation by the Council in the RTA
process and urged Council to become the leader in a new RTA discussion.
John Montgomery,520 North Sherwood,opposed continued participation by the Council in the RTA
process in its present form as it did not meet the needs of Fort Collins.
Sean Dougherty,2616 Terry Lake Road,realtor and North College small business owner,supported
continued participation by the Council in the RTA process to allow citizens an opportunityto receive
more information.
Adam Bowen,415 South Washington Avenue, stated the current RTA plan was too heavy on roads
and too little for public transportation and opposed continued participation by the Council in the
RTA process.
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June 19, 2007
Allen Ginsborg, 5700 Hearthstone, stated the City needed to continue its role as a leader in the
region and supported continued participation by the Council in the RTA process and allowing the
voters to decide the final outcome.
Ron Lautzenheiser,North College business owner,supported continued participation by the Council
in the RTA process and urged Council to allow voters to decide the issue.
Ann Hutchison, 402 Riddle Drive, Chamber of Commerce Executive Vice President, supported
continued participation by the Council in the RTA process as it provides a regional solution to a
regional issue.
Eleanor Dwight, 907 Sailers Reef, opposed continued participation by the Council in the RTA
process.
Kevin Westhuis, 2944 Telluride Court, stated the ramifications of not participating in the RTA
process would negatively affect the community for many years and he supported continued
participation by the Council in the RTA process.
Jenny Merrill, Fort Collins resident, urged Council to make public transit a major piece in any
discussion of the RTA. The current RTA proposal did not include a fair amount ofpublic transit and
she opposed continued participation by the Council in the RTA process.
Vivian Armendariz, 870 Merganser Drive, supported the idea of the RTA proposal that greatly
supported public transit and not interchanges and roads.
Josh Guernsey, 926 Akin Avenue, supported continued participation by the Council in the RTA
process.
Nick Tompkins, 635 1/2 South Whitcomb, supported continued participation by the Council in the
RTA process and urged Council to work cooperatively to resolve flaws in the current proposal.
Mary Rudolph, 5151 Boardwalk Drive, stated voting was an important right and she requested
Council to continue participating in the RTA process and allow the citizens to vote on the issue.
Sandy Lanburg,6851 Poudre Canyon,stated there were two RTA proposals and neither one seemed
to be supported by a majority of the RTA Committee.
Eric Levine,514 North Shields,opposed continued participation by the Council in the RTA process
as the current proposal reflects old-style thinking and does not address the causes of the current
transportation problems.
Tom Griggs, 520 North Sherwood Street, stated since Council was evenly divided on the RTA
proposal,there was a difference in philosophy that needed to be addressed. Fort Collins should stay
a leader in discussing all public transportation needs and think in regional terms.
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Ruth Davies, 2309 Silver Oaks Drive, opposed continued participation by the Council in the RTA
process and disagreed with the road projects,tax increase and composition ofthe steering committee.
Shane Grant, 1455 Freedom Lane, Chairperson of the Chamber of Commerce Board of Directors,
supported continued participation by the Council in the RTA process.
Christiana Nelson, Fort Collins resident, supported continued participation by the Council in the
RTA process and asked that the citizens be allowed to vote on the issue.
Gina Janett, 730 West Oak Street, stated the primary responsibility of Council is to determine what
is best for the citizens of Fort Collins and not the region and stated the RTA was not a good plan.
She opposed continued participation by the Council in the RTA process as it is a process dominated
by special interests from the real estate and development community.
John Gascoyne,718 West Mountain Avenue,opposed continued participation by the Council in the
RTA process and did not want to subsidize rampant growth.
Robert Hau,2803 East Harmony Road,supported continued participation by the Council in the RTA
process as the region has grown and transportation infrastructure improvements are needed for both
Fort Collins and the region.
Ward Luthi, 520 North Sherwood, stated there is a transportation and urban design problem but the
RTA as it currently is proposed was not the answer and he opposed continued participation by the
Council in the RTA process. He requested participation in a process that emphasized public transit.
York, 2001 Creekwood Drive,opposed continued participation by the Council in the RTA process.
Michelle Jacobs, Steering Committee member and resident of Northern Colorado, supported the
RTA effort to create a legal authority that collects additional sales and use tax dollars to improve
roadways. She stated currently there are 13 governmental entities involved in the Metropolitan
Planning Organization of which 12 currently collect transportation impact fees. Development does
pay its way. Impact fees have been collected only in the past 10-15 years and there is a deficit as
those fees were not collected previously.
John Knezovich, 1205 Green Street, Steering Committee member, stated regional transportation
issues have been studied for the past five years and the process was at a critical point where good
decisions can be made regarding regional transportation. If Fort Collins participates in the RTA,
there will be$265 million raised from taxes and the City will benefit with$263 million in road and
transit projects or in City share-back.
Richard Gutkowski, 1425 Hillside Drive, supported continued participation by the Council in the
RTA process.
Carrie Gillis, 8020 Park Hill Drive, support continued participation by the Council in the RTA
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process as Fort Collins is a leader in the region and needs to continue in the process to remain a
leader.
Clint Skutchan, 719 Great Plains Court, Steering Committee member, supported continued
participation by the Council in the RTA process and urged Council to allow citizens to vote on the
issue.
Eric Kronwell, 1119 Monticello Court,supported continued participation by the Council in the RTA
process and urged Council to allow citizens to vote on the issue.
Cheryl Distaso, 135 Sunset, opposed continued participation by the Council in the RTA process as
the plan does not contain enough emphasis on public transit.
Doug Brobst, 1625 Independence Road,opposed continued participation by the Council in the RTA
process as it did not provide adequate support for mass transit.
Nancy York, 130 South Whedbee, stated there was a need for regional transportation plan, but not
this plan. She opposed continued participation by the Council in the RTA process.
Ray Martinez, 4121 Stoneridge Court, urged Council to allow citizens to vote on the RTA issue.
David May, 225 South Meldrum, Chamber of Commerce President, stated the RTA process is
ongoing and needs to continue with Fort Collins participating in the discussions. Improving road
access will benefit the community economically. The proposal puts in place a regional transit that
is currently not in existence.
Warren Snyder, 1630 Collindale Drive, stated the RTA was not a sustainable approach to regional
transportation and opposed continued participation by the Council in the RTA process.
(**Secretary's Note: The Council took a brief recess at this point in the meeting.)
City Manager Atteberry stated the issue raised during citizen participation concerning the difficulty
some citizens had with sending a-mails to the Mayor was due to the City's spam-filtering program.
The City receives over 150,000 spam a-mails each day and in order to limit those, the filtering
program limits certain addresses. The City Manager's Office did receive three reams of faxed form
letters regarding the RTA issue and contacted the group responsible and asked for a list of names on
the form letters to be most efficient in providing the total information to Council. There was no
intent to deny access to Council.
Councilmember Roy asked what was the process for a citizen to contact Council in the event an e-
mail could not be sent. City Manager Atteberry stated citizens should contact the City Manager's
Office and the information would be provided to the IT Department, which would allow access.
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Mayor Hutchinson stated the spam-filtering program was necessary to allow staff and Council to
conduct business.
Councilmember Brown made a motion, seconded by Councilmember Troxell, for Council to
continue to participate in the ongoing intergovernmental discussions about a possible Regional
Transportation Authority for Northern Colorado and authorize Councilmembers Manvel and Troxell
to work with the City Manager and City Attorney to negotiate and help draft a proposed
intergovernmental agreement for such an Authority and present that proposed agreement to Council
for formal consideration no later than August 2007.
Councilmember Roy stated his decision on this issue had not changed since the work session and
he could not support the motion. There were too many uncertainties with the plan.
Mayor Hutchinson stated the discussion on the RTA at the work session on June 5th was to give
direction to the staff and to learn about the issue, but Council does not vote on issues at a work
session and there is no public input at a work session. There was a decision made at the work
session not to proceed but making that decision without public input and without a formal vote was
not proper, so the issue was before Council for formal action.
Councilmember Manvel stated it was important to allow the public an opportunity to comment on
this issue. It was important to work on regional transportation problems and to be a leader in the
region. At the work session, Council had decided the current RTA proposal was not one it could
support. Council needed to be in agreement for the RTA proposal to be successful in Fort Collins.
The time constraints were too great and he opposed the motion as the time was too short to draft an
intergovernmental agreement that could be agreed upon. He did want the process to continue.
Councilmember Poppaw stated transportation is an issue for Northern Colorado but she could not
support this RTA proposal. She wanted to continue the conversation as solving transportation
problems is fundamental to continuing the quality of life in the region. The proposed RTA plan is
not right for Fort Collins.
Councilmember Troxell stated building regional transportation was essential to the area. "Playing"
it alone works only to the detriment of Fort Collins and is shortsighted. Continuing in the process
with the RTA and being an active participant with the region is good for Fort Collins. This proposal
would provide safer intersections and roads,less congestion,reduced air pollution and improved air
quality and improved quality of life. Currently,there is a country road infrastructure that connects
the communities in the region and a better functioning road system is needed. This proposal does
address regional transit and begins the planning for future rail needs. Current population density
does not support rail, but at some point it will and now is the time begin plans for rail. It helps set
the groundwork for land use planning,for water storage and for the economic health of Fort Collins.
The voters should be able to decide this issue.
Mayor Hutchinson stated since there seemed to be support for continuing participation in the RTA
process but the time frame currently proposed was too short and caused difficulties in reaching an
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agreement,he would entertain an amendment to the motion to extend the time to August 2008.
Councilmember Poppaw stated she did not want to continue discussions on the current RTA
proposal as it was "fatally flawed." The make-up of the steering committee was not a balanced
group. The vote on the current proposal was 14-1,even though the Citizen Steering Committee had
a membership of 35 people. The vote was not a majority vote. The proposal violates the core
principles the Steering Committee had endorsed. The plan continues to change without the approval
of the entire Committee. It is one of the largest tax increase proposals in Northern Colorado history
and it would be irresponsible to rush forward and put it on the November ballot. The.58%tax does
not include maintenance of the projects and that is not appropriate. This is a"rushed"process and
should be put on hold until it is known what the Federal and State governments will fund for
transportation. Much of the proposed construction is on state and federal highways and federal and
state funding should be known before this proposal goes forward. The funding mechanism is based
on sales tax which is the"bread and butter"of Fort Collins economy. The funding for this proposal
should be a use tax on development. The vast majority of the funds go to building more roads and
wider roads and there needs to be a better mix of multi-modal transportation options. It increases
vehicle miles traveled, increases emissions and decreases air quality, and has no maintenance
provision. This proposal subsidizes uncontrolled growth in Weld County. Paying for Weld County
infrastructure is not the responsibility of Fort Collins. Fort Collins should partner with the region
on transportation issues, but not with the current proposal.
Councilmember Ohlson stated he did not support extending discussion on the current RTA proposal
until August 2008. He would support a discussion that was centered on dealing with transportation
issues in a different way and placing a proposal on the ballot in the Fall 2008 or Spring 2009. He
did not support the current proposal.
Mayor Hutchinson stated since there was concern the time frame was too short for an agreement to
be reached, discussing a time extension might be one way to continue participating in the RTA
discussions. This would not be a continued discussion with the same group of people as the Citizen
Steering Committee has completed its work. The group currently meeting consists of the City
Managers,County Managers and some staff that might be required to negotiate the agreement. The
first step of the RTA process was complete and the next step was for local governments to act. He
thought the City should stay engaged in the process until some concerns and issues are sorted out.
There was much misinformation being circulated. One person has stated if money was spent through
the RTA for road repair then CDOT will reduce its funds to the area. The CDOT representative,
Carla Harding, has given assurances that funds spent for road repair will not reduce CDOT funds.
There are many issues that need clarification and extending the time might help provide that. The
Metropolitan Planning Organization had provided much analysis and data that should not be rejected.
The extension of the deadline would allow time to sort through all the issues and conflicting reports.
Councilmember Ohlson stated the tax proposed to support the RTA was too large. It was the largest
tax increase in the region's history. The time frame was too short and it was not possible to reach
a good proposal in the short amount of time allotted. There are other needs that need to be addressed
first. The City's Street Maintenance Study and Police Study needed to be reviewed before this
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proposal was considered. The 2008-2009 Budget needed to be set. The results from the Governor's
Blue Ribbon Panel should be known before this proposal moves forward. The same thinking that
created the transportation problems will not solve the problem. Regional land use planning should
come before transportation planning and that has not happened. He did not want Fort Collins sales
tax dollars used to subsidize Loveland's transportation issues. The other communities in the RTA
wanted Fort Collins to participate so Fort Collins sales tax could be transplanted from Fort Collins
to the other communities. There was not enough responsibility placed on the private sector and the
proposal bails out those communities with poor planning and poor policies. Fort Collins generates
more sales tax dollars per citizen than any other community in the region. It was wise to wait and
develop a proposal that addresses road and infrastructure issues and interchange improvements as
well transit and maintenance.
Mayor Hutchinson stated while extending the time may preclude the City from participating in the
current RTA discussion it would still be beneficial for the City to stay at the table and gather
information for future discussions. Using data from the Metropolitan Planning Organization and
gathering a regional perspective would be beneficial. There are elements of regional planning that
affect the City.
Councilmember Ohlson stated there was no model of the RTA where Fort Collins is not sending out
its sales tax dollars to other communities. He would support a time extension only if it were clear
that the RTA was one option, but not the only option. The projects listed in the current RTA
proposal did not seem essential to Fort Collins and many of them did not seem to be the
responsibility of Fort Collins.
Mayor Hutchinson stated there are some unique projects that regional cooperation would bring. One
such project was a bus transit connection to Longmont from Fort Collins that would interface with
Denver RTD. There is also a proposal for paratransit to provide Dial-A-Ride type of service for
disabled people in Fort Collins that would go another community. These projects have a regional
significance and it is not unreasonable to extend the time to examine such projects further. Staying
involved in the process for a longer time would help answer questions and Council could then make
an informed decision about continued involvement.
Councilmember Manvel stated modifying the motion to extend the deadline from August 2007 to
August 2008 or even to 2009 was a good idea as the current time frame was not workable. Having
the RTA to solve regional transit issues, funded by a small tax might be a good solution. He would
support an amendment to the motion.
Councilmember Poppaw stated extending the deadline would answer many questions and she could
support a friendly amendment.
Mayor Hutchinson stated using the RTA information and data as well as the MPO underpinnings that
give some perspective about near-term and long-term future regional transportation patterns could
be beneficial for the City. An amendment to the motion would allow Fort Collins to stay engaged
in the negotiations until more answers are received and would inform the other participants that the
City would not vote until next August.
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Councilmember Roy stated the current RTA proposal has 13% funding for transit and ignored the
wishes expressed at the initial Transportation Summit that a larger portion of money be spent on
transit and not roadways. The proposal has 20%of funds provided by development and 80%comes
from the public. The financial interests of the City must be protected and the current proposal does
not do that. Steps must be taken to ensure that state and federal responsibilities are not taken over
by the City. The original motion on the table needed to be voted on first,then another motion should
be made.
Mayor Hutchinson stated nothing in the motion addressed accepting or approving the draft RTA
proposal and projects. The motion states the City would stay involved in the process of negotiation.
Councilmember Brown restated his motion and amended the date from 2007 to 2008.
Councilmember Ohlson stated he wanted to use the information and data already provided and
continue the relationships formed with neighboring communities but he did not support the current
RTA proposal. He wanted to start over and consider models other than the RTA model and not
assume the RTA is the preferred model. The proposal could be placed on the Fall 2008 or Spring
2009 ballot.
The proposed amendment to Councilmember Brown's motion died for lack of a second.
Councilmember Brown stated by not extending the deadline, Council was remiss in its obligation
to its citizens by not considering the continuation of the RTA discussion.
Councilmember Manvel stated the voters will have a chance to have their voices heard and it would
be irresponsible of Council to send forward a proposal to the voters that is seriously defective. When
Council puts an issue on the ballot, it should be an issue the majority of Council thinks is an issue
that should be supported.
Councilmember Troxell stated the current RTA proposal does have merit in addressing regional
issues which affect the citizens traveling throughout Northern Colorado. The proposal contains
funding for roadway,transit and rail projects. Fort Collins needs to stay in the discussions with the
RTA and work within that process since the RTA would have the jurisdiction to accomplish these
projects in the region. He supported the motion.
Councilmember Manvel stated going forward with the process would mean adhering to the time line
of August 2007 for an agreement to be reached. The MPO funding for supporting the RTA initiative
is ending. Any discussions that continue past August will not be talking about the current RTA
proposal. There is good data and staff work that has already been done in this issue, which could
be used to develop a good proposal, but he did not support the current proposal. The focus should
not be on the RTA because the RTA is restricted by State law to just use sales or use tax or license
fees as funding mechanisms. The rules regarding the organization and the running of the RTA are
very specific, also. The RTA is run by an unelected body, not controlled by the cities, but are run
by a body consisting of representatives from the cities. He did not agree with this form of
governance. The RTA might be part of the solution but should not be the sole focus.
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Mayor Hutchinson supported the motion as it is important to stay involved in a regional process.
The vote on the motion was as followed: Yeas: Brown, Hutchinson, and Troxell. Nays: Manvel,
Ohlson, Poppaw, and Roy.
THE MOTION FAILED.
Councilmember Manvel made a motion, seconded by Councilmember Roy, that Council and staff
continue work to address the transportation challenges in Fort Collins and surrounding communities,
and the City Manager, in consultation with the Council Leadership Team,bring forward by Spring
2009, for Council consideration, a possible funding mechanism to be presented to City voters.
Councilmember Ohlson stated the motion appeared to guarantee that a funding proposal will be
brought forward by Spring 2009.
City Attorney Roy stated the motion did not obligate Council to present a proposal to the voters but
obligated the City Manager to present a proposal to the Council. The Council would be required to
consider a possible funding mechanism that would be placed on the ballot.
Councilmember Troxell asked what jurisdiction the City had over surrounding communities and how
state highways and county roads would be affected.
Councilmember Manvel stated the City had no jurisdiction over surrounding communities but there
are many intergovernmental agreements with surrounding communities. The motion left out the
specific, definite expectation that the central mechanism will be the RTA. A piece of the solution
will most likely be the RTA.
Councilmember Brown offered a friendly amendment that states Fort Collins would remain in the
RTA negotiations.
Councilmember Manvel responded that adding the amendment to the motion would send a message
to the other entities involved in the current RTA proposal that the current proposal would continue
forward. Some on the Council wanted to use the output of the process, but not to continue the
process itself. In the motion, the words "continue work" implied that the work done to date,
including the RTA, will be folded into the new process.
Councilmember Brown asked an audience member to respond. City Attorney Roy stated Council
rules allowed citizen input with regard to each item on the discussion agenda only once per item,
regardless ofthe number ofmotions made during Council's consideration of the item. Council could
suspend the rules and proceed differently.
Councilmember Ohlson stated he would support suspending the rule as this motion was a significant
change. City Attorney Roy suggested the amendment be resolved first, then Council could decide
whether to allow further citizen input.
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Councilmember Manvel stated he did not accept Councilmember Brown's friendly amendment and
restated his motion.
Councilmember Ohlson stated the phrase"surrounding communities"might eliminate surrounding
areas that are not communities, such as areas in the County and others.
Councilmember Manvel amended his motion from "surrounding communities" to "surrounding
jurisdictions."
Councilmember Troxell stated the City Manager needed to bring forward intergovernmental
agreements from the surrounding jurisdictions as well as a funding mechanism to provide credibility
to the motion.
Mayor Hutchinson asked if State law dictated that the only way to have an agreement with another
entity was through an IGA. City Attorney Roy answered in the affirmative and stated the wording
of the motion did not exclude an IGA as part of a larger proposal, but to ensure that the proposal
brought forward included an IGA, then that language should be included in the motion.
Mayor Hutchinson asked if the motion would remove the possibility of remaining engaged in the
RTA negotiations. City Attorney Roy suggested to allow the possibility of both requiring IGAs and
remaining in the RTA negotiations, the motion could state "bring forward for Council's
consideration possible intergovernmental agreements and and/or funding mechanisms to be
presented for City voter approval no later than Spring 2009." That,however,would suggest that the
IGAs would have to receive voter approval. Only if the proposal was a Regional Transportation
Authority would the IGA require voter approval. The funding mechanism,assuming it was a tax by
something other than an enterprise, would require voter approval. The IGA might or might not
require voter approval.
Mayor Hutchinson asked the City Clerk to read the motion currently under consideration.
Councilmember Ohlson stated the RTA could be part of the proposal,but not the entire proposal.
Mayor Hutchinson stated last Wednesday night was a meeting to negotiate what the RTA might look
like and Fort Collins was not at the table. To preserve that option, it should be included in the
motion.
Councilmember Manvel stated the motion would allow Fort Collins to participate in the
negotiations,with the clear understanding that Fort Collins will not place the current proposal on the
ballot this November. Discussions could take place concerning partnering with Fort Collins after
November.
Mayor Hutchinson stated the motion should include wording that states Fort Collins will stay
involved in the RTA negotiations until a decision point is reached. City Attorney Roy asked if the
point was to ensure that the Council would be obligated to include in its consideration a possible
Regional Transportation Authority.
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Mayor Hutchinson stated that was not the intent. He wanted the City to be involved in the RTA
negotiations until a certain decision point is reached and then the decision could made whether or
not to take the decision to the voters.
Mayor Hutchinson stated a short break would be taken to write what was verbally suggested
regarding the current motion.
("Secretary's Note: The Council took a brief recess at this point in the meeting.)
Mayor Hutchinson asked City Attorney Roy to read the motion. City Attorney Roy stated this would
be a recommended amendment to the motion. "The City Council and City staff shall continue work
to address the transportation challenges in Fort Collins and surrounding jurisdictions through public
outreach that includes intergovernmental discussions and that the City Manager,in consultation with
the Council Leadership Team, shall bring forward for Council consideration, a recommended
funding mechanism to address those transportation challenges, no later than April 2009."
Councilmember Manvel and Councilmember Roy accepted the amendment as a friendly amendment.
Mayor Hutchinson asked for clarification as to what the motion would mean in terms of continuing
Fort Collins participation in the RTA negotiations.
Councilmember Manvel stated the intent was to continue attending the negotiations with the clear
understanding that the City will not be placing the issue on the ballot this fall.
Councilmember Roy read a statement prepared by Councilmember Manvel that outlined the reasons
for the current motion to be brought. It said,"An effective and efficient transportation system is vital
to the economic and environmental health of Fort Collins and surrounding communities. Fort
Collins and surrounding communities face many transportation challenges, including: insufficient
funds for required road maintenance, road capacities strained by rapidly increasing vehicle miles
traveled, deteriorating air quality threatening public health and the desirability of the region as a
destination and inadequate transit and paratransit services. Any comprehensive plan which addresses
these challenges will fund required maintenance of roadways, require development to pay its fair
share of the costs for expanding transportation system,recognize and plan for competing demands
of sales tax revenues, promote energy conservation and improve air quality and provide for the
mobility needs of the regional population. New information will affect the planning and decisions,
including the recommendations of the Governor's Blue Ribbon Commission on transportation,the
preferred transit alternative from the I-25 corridor Environmental Impact Statement,the City of Fort
Collins Road Maintenance Study and the Police Staffing Study and the Fort Collins City budget for
2008-2009, all of which will be available within the next year."
Councilmember Troxell stated there were advantages that would be given up bynot participating the
RTA such as the cap on the taxing ability so the City will need to work under its own sales tax
limitations as set by TABOR. Twelve entities in the region are committed to the RTA process and
they would set the terms of the RTA, without Fort Collins participating. By August 2007, if those
entities effectively define what the terms are, Fort Collins will not be able to come in at a later date
and try to negotiate its own terms.
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Mayor Hutchinson stated the Council would continue participating in the RTA negotiations that are
now underway with the clear understanding that the Council would not support placing the proposal
on the ballot in November, but would make a final decision next August.
Councilmember Troxell stated following this time line would require Fort Collins to come in at a
later date under terms that have already been set and not defined by Fort Collins.
Mayor Hutchinson stated if the decision deadline is this August, then the majority of Council does
not want to participate. The current motion states if the decision deadline is August 2008 then Fort
Collins would participate.
Councilmember Manvel stated the motion was not necessarily a decision about the RTA next
August, but regional transportation solutions that are good for Fort Collins and surrounding areas.
Mayor Hutchinson asked if more explicit language should be added to the motion to ensure
participation in RTA discussions. City Attorney Roy stated the language currently in the motion
neither requires or precludes further involvement by the City in discussions about a possible RTA.
The earlier vote precludes bringing anything to this Council for November 2007.
City Manager Atteber y stated his interpretation of the motion was that staff should attend the next
RTA meeting but state the Fort Collins Council does not want to pursue a November 2007 ballot
measure. At the same time, a local conversation would begin about transportation needs.
Councilmember Ohlson made a motion, seconded by Councilmember Troxell,to suspend the rules
and allow citizen input on the motion currently being considered. Yeas: Brown, Hutchinson,
Manvel, Ohlson, Poppaw, Roy, and Troxell. Nays: None.
THE MOTION CARRIED.
Richard Gutkowski, 1425 Hillside Drive, stated any continuation of discussion on the RTA process
would be a good step.
David May, 225 South Meldrum, Chamber of Commerce President, stated the City should stay
engaged in the RTA discussions as an agreement could be reached this fall and that possibility
should not be discounted. He objected to the statement read by Councilmember Roy as being a
"agenda-laden,rhetoric-laden"position that closes off options to talk about the transportation needs
of the region by narrowly defining those needs and the outcomes at the onset of the discussion. The
business community would support continuing the RTA discussions.
Blue Hovatter, Fort Collins resident, stated some sort of regional transportation was an important
issue for many people and supported the motion.
John Knezovich, 1205 Green Street, stated his understanding was the only time there can be a vote
on a tax issue would be in November 2009. There could not be a vote in Spring 2009. There is an
additional cap the RTA would give on sales tax of I%. Currently, the combined state, county and
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city tax cap is 7% and the RTA would allow an additional 1% and the City should take advantage
of the extra tax allowed with the RTA. Since Greeley has now agreed to participate in current
discussions,the process will become"etched in stone"in the next two months. Next year the voters
of Fort Collins may want to participate because the RTA is a good deal and by then, there will be
no room for negotiations for Fort Collins. Council was abdicating its responsibilities by not
continuing in the current negotiations.
Tim Johnson, 1337 Stonehenge Drive, stated since the first motion concerning continued
participation in the current RTA process was not adopted, it was clear Council did not support any
further work on the current RTA proposal. The idea contained in the current motion to continue to
work towards transportation solutions was important.
Warren Snyder, 1630 Collindale Drive, did not support any RTA proposal as the Fort Collins
taxpayers should not pay for growth in other communities.
Carl Glaser, 2631 Silver Creek Drive, stated the current motion was a compromised approach and
Council had missed a good opportunity to participate in the RTA discussions.
Clint Skutchan, 719 Great Plains Court, Steering Committee member, stated Council had lost all
leverage in participating in the discussions and there was no reason why the other entities would
allow the City to sit at the table. This motion used staff to examine regional projects which is not
a good allocation of staff time.
Eric Levine, 514 North Shields, stated the current motion seemed to support continued dialog with
the current RTA proposal and he did not support any continued discussion with the current proposal.
Eric Kronwell, 1119 Monticello Court, stated the process had identified basic principles that were
important for Council to continue to take into consideration, such as evaluating and understanding
the economic interests of those bringing the proposal, recognizing that the fee structure for impact
fees for building and new construction and development is higher in Fort Collins than elsewhere and
that taxing entities should have elected bodies.
Maury Dobbie, Fort Collins business owner, encouraged Council to remember Fort Collins is part
of a region and needs to participate with other communities to continue to keep Northern Colorado
as a growing region.
Michelle Jacobs, Steering Committee member and resident of Northern Colorado,thanked Council
for expressing its desire to continue to work on transportation problems regionally. She asked if the
statement read by Councilmember Roy was part of the motion.
Mayor Hutchinson clarified the statement read by Councilmember Roy was a comment by
Councilmember Roy and was not part of the current motion.
York, 2001 Creekwood Drive, supported the current motion as it gives Council the power to walk
away from the current proposal. Any new proposal that is brought forward needs to focus on public
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transit and not I-25 improvements as I-25 is a federal highway and improvements should be paid by
the federal government.
Sharie Grant, 1455 Freedom Lane, encouraged Council to continue participation in the RTA
discussion and to set a time line that would allow for the discussions to be productive.
Nick Tompkins, 635 1/2 South Whitcomb, stated his support for continued participation with the
current RTA proposal.
George Culpepper,2401 West Stuart Street,Director of Government Affairs,Fort Collins Board of
Realtors,stated it was important for Fort Collins to continue working with other communities in the
region but he was concerned that not staying in the current process was"taking a step back"for Fort
Collins.
City Manager Atteber y clarified a statement from Mr. Knezovich regarding an election on a tax
issue occurring only in November 2009. Formation of the RTA requires a county-wide election,
which occurs in November. A municipal election in April 2009 could not include the RTA election.
Mayor Hutchinson asked if the RTA election could occur in November 2008. City Manager
Atteberry answered the RTA election could occur in November 2008 or November 2009. If Council
wanted to bring forward a City stand-alone package, then that issue could be included in the April
2009 election.
Mayor Hutchinson stated the current motion is a compromise to keep the City participating in the
RTA discussions but gives other options to meet other needs.
Councilmember Brown asked if negotiations are continued with the RTA process and,at some point
Fort Collins wants to become a member of the RTA, does every member of the RTA need to vote
to allow Fort Collins to become a member? City Attorney Roy stated two provisions exist in State
law to address the addition of new members to the RTA. One states the contract the entities have
already entered into would have to include provisions for amending the contract. Another provision
states the RTA Board may include additional property within the boundaries of the Authority and
that the Board, upon the affirmative vote of two-thirds of the Directors, may adopt a resolution
including or excluding property. He requested more time to determine what the process would be
to add additional property to an existing RTA.
Councilmember Brown stated his concern that the other entities involved in the RTA would not
allow Fort Collins to enter the RTA at a later date. City Attorney Roy stated State law was clear that
an entity cannot unilaterally join an existing RTA. What was unclear was what would be the process
and who has to approve it. The City cannot, on its own initiative, decide to join the existing RTA
without the requisite statutory approval.
Mayor Hutchinson asked if the City could attend the discussions currently underway. City Attorney
Roy answered in the affirmative. City Manager Atteber y stated a critical question the entire RTA
group must answer is whether they are willing to change the current time line from having the issue
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June 19, 2007
on the ballot this November. If the RTA group does not want to change its time line, then the
discussion about the RTA is at an end as it relates to Fort Collins' participation.
Mayor Hutchinson stated there may be an option for Fort Collins to join later. City Manager
Atteberry stated he had met with both the Mayor and City Manager of Greeley who are very
interested in moving forward this year and do not want to delay the vote on the RTA. Entering an
established RTA later does remove the bargaining abilities.
Councilmember Manvel stated the other entities only have six weeks to reach agreements on an IGA
and that will be a challenge. Many details need to be worked out so there is much serious discussion
that needs to occur.
Councilmember Troxell stated Council was making a unilateral decision and he had no confidence
in this Council moving forward with any regional transportation solution.
Councilmember Manvel stated Councilmember Troxell was a member ofthe Citizen Committee and
chose to stop his participation early in the process and his input was needed through the entire
process.
Councilmember Roy stated he was committed to working on a transportation solution and this
motion would help Fort Collins address not only transportation issues,but health and safety issues
and other projects within the community, as well.
Councilmember Ohlson stated the current RTA proposal contained projects he did not support and
were not in the best interest of the citizens or the City. There are the City's interests,other entities'
interests and mutual interests. He was willing to consider mutual interests and the City's interests
but not the other entities' interests. The current RTA proposal did not contain anything he could
support. He was committed to solving transportation problems but not with the current RTA. A
comment made by a citizen that the City had higher impact fees than elsewhere was not correct. An
update on City impact fees issued two months ago indicated the City's impact fees were lower than
most. City Manager Atteberry stated his belief that the City's fees,on average, were not higher than
fees charged by other communities.
Councilmember Brown stated while there is good intent with the current motion,he felt Fort Collins
had lost the opportunity to be a leader in the region.
Mayor Hutchinson stated the compromise reached with the motion allowed some participation in
the RTA process. The RTA and all the work done so far to establish that Plan, would contribute
much to any other options that do come forward. The crucial part was that the City can stay involved
so answers can be found to the questions raised.
The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, and
Roy. Nays: Troxell.
THE MOTION CARRIED.
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June 19, 2007
City Manager Atteberry stated while this option did not work for this Council in the current time
frame, a step forward had been taken to reach solutions for regional transportation issues.
Other Business
Councilmember Ohlson made a motion,seconded by Councilmember Manvel,to cancel the Regular
Meeting of July 3, 2007. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: None.
THE MOTION CARRIED.
Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to adjourn to 6:00
p.m.Monday,June 25,2007 to conduct mid-year evaluations ofthe City Manager,City Attorney and
Municipal Judge and to conduct any other business that may come before the Council. Yeas:Brown,
Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 10:50 p.m.
Mayor
ATTEST:
City Clerk
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June 25, 2007
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting- 6:00 p.m.
An adjourned meeting of the Council of the City of Fort Collins was held on Monday,June 25,2007,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
bythe following Councilmembers: Brown,Hutchinson,Manvel,Ohlson,Poppaw,Roy,andTroxell.
Staff Members Present: Attebery, Krajicek, Roy.
Executive Session Authorized
Councilmember Ohlson made a motion,seconded by Councilmember Roy,to adjourn into Executive
Session under Section 2-3 l(a)(1)(a)of the City Code for the purpose of reviewing the performance
and proposed compensation and benefits of the City Manager, City Attorney and Municipal Judge.
Yeas: Councilmembers Brown, Hutchinson, Ohlson, Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
("Secretary's Note: The Council adjourned into Executive Session at 6:00 p.m. and reconvened
following the Executive Session at 8:25 p.m.)
Adjournment
The meeting adjourned at 8:25 p.m.
Mayor
ATTEST:
City Clerk
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