HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 09/18/2012 - COMPLETE AGENDAKaren Weitkunat, Mayor
Kelly Ohlson, District 5, Mayor Pro Tem Council Chambers
Ben Manvel, District 1 City Hall West
Lisa Poppaw, District 2 300 LaPorte Avenue
Aislinn Kottwitz, District 3
Wade Troxell, District 4 Cablecast on City Cable Channel 14
Gerry Horak, District 6 on the Comcast cable system
Darin Atteberry, City Manager
Steve Roy, City Attorney
Wanda Nelson, City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and
will make special communication arrangements for persons with disabilities. Assisted hearing devices are available to
the public for Council meetings. Please call 221-6515 (TDD 224-6001) for assistance.
REGULAR MEETING
September 18, 2012
Proclamations and Presentations
5:30 p.m.
A. Proclamation Declaring September 17-23 as Constitution Week.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
1. CALL MEETING TO ORDER.
2. ROLL CALL.
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3. AGENDA REVIEW:
• City Manager Review of Agenda.
• Consent Calendar Review.
This Review provides an opportunity for Council and citizens to pull items from the Consent
Calendar. Anyone may request an item on this Calendar be “pulled” off the Consent
Calendar and considered separately.
N Council opportunity to pull Consent Calendar items.
(will be considered under Item No. 22)
N Citizen opportunity to pull Consent Calendar items.
(will be considered under Item. No. 26)
4. CITIZEN PARTICIPATION
5. CITIZEN PARTICIPATION FOLLOW-UP
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen
Participation.
CONSENT CALENDAR
The Consent Calendar consists of Items 6 through 18. This Calendar is intended to allow the City Council
to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of
the Consent Calendar. The Consent Calendar consists of:
! Ordinance on First Reading that are routine
! Ordinances on Second Reading that are routine
! Those of no perceived controversy
! Routine administrative actions.
Individuals who wish to make comments regarding items remaining on the Consent Calendar or wish to
address the Council on items not specifically scheduled on the agenda must first be recognized by the
Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The
timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again
at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals
who wish to speak, the Mayor may reduce the time allowed for each individual.
! State your name and address for the record.
! Applause, outbursts or other demonstrations by the audience are not allowed
! Keep comments brief; if available, provide a written copy of statement to City Clerk
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6. Consideration and Approval of the Minutes of the August 21, 2012 and September 4, 2012 Regular
Meetings and the August 28, 2012 Adjourned Meeting.
7. Items Relating to the Wood Street Annexation and Zoning.
A. Second Reading of Ordinance No. 052, 2012, Annexing Property Known as the Wood Street
Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 053, 2012, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Wood Street
Annexation to the City of Fort Collins.
These Ordinances, unanimously adopted on First Reading on June 5, 2012, annex and zone 17.3443
acres located on the east side of Wood Street, approximately 1,320 feet east of North Shields Street.
The property is developed and is in the O - Open District in Larimer County. The requested zoning
for this annexation is UE – Urban Estate. The surrounding properties are currently zoned O – Open
in Larimer County to the south and west, as well as E – Employment in the City to the west (City of
Fort Collins Fleet Services Building), and POL – Public Open Lands in the City (Lee Martinez Park
and McMurry Natural Area) to the east and north. This is a 100% voluntary annexation.
Staff is recommending that this property be included in the Residential Neighborhood Sign District.
A map amendment will be necessary as this property is not already in the District.
8. Items Relating to the 2012 Downtown Development Authority-Related Financing Activities.
A. Second Reading of Ordinance No. 089, 2012, Authorizing the Establishment of a Revolving
Line of Credit to be Paid Solely with Downtown Development Authority Tax Increment Funds
for a Six Year Period in the Amount of up to One Million Dollars Annually to Finance
Downtown Development Authority Projects and Programs in Accordance with the Downtown
Development Authority Plan of Development and Approving Related Documents.
B. Second Reading of Ordinance No. 090, 2012, Appropriating Prior Year Reserves in the
Downtown Development Authority Fund, Funds Drawn from the 2012 City of Fort Collins
Revolving Line of Credit Established to Finance Downtown Development Authority Projects
and Programs and Funds for Debt Service on the Revolving Line of Credit.
The Board of Directors of the Downtown Development Authority (DDA) believes it would be financially
beneficial for the DDA and the community as a whole for a revolving Line of Credit to be established
with a local bank for a six-year period. The Line of Credit will be used to finance DDA projects and
programs. Ordinance No. 089, 2012, unanimously adopted on First Reading on September 4, 2012,
authorizes the establishment of the Line of Credit and approves the execution of the First National
Bank documents.
Ordinance No. 090, 2012, unanimously adopted on First Reading on September 4, 2012, appropriates
unanticipated revenue from interest earnings in the amount of $191,032; from project savings in the
amount of $331,113; funds appropriated but not spent of $940,430; funds from the 2010 Bond Series
that were not appropriated in the amount of $500,000; and funds from the 2012 Revolving Line of
Credit draw of up to $1,000,000 for a total appropriation of $2,962,575. The DDA Board has
authorized the expenditure on the various projects and programs. This Ordinance also appropriates
the debt service payment on the 2012 Line of Credit draw.
9. Second Reading of Ordinance No. 091, 2012, Appropriating Unanticipated Grant Revenues in the
General Fund for the Restorative Justice Services and Appropriating Funds from the Police Operating
Budget.
Ordinance No. 091, 2012, unanimously adopted on First Reading on September 4, 2012, appropriates
a grant in the amount of $45,000 from the Colorado Division of Criminal Justice Juvenile Diversion
fund for the continued operation of Restorative Justice Services, which includes the RESTORE
program for shoplifting offenses, and the Restorative Justice Conferencing Program for all other
offenses. A cash match of $7,440 is required and will be met by appropriating funds from the police
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operating budget designated for Restorative Justice Services. The total required match is 25%; an
additional $7,560 in-kind match is designated from the Eighth Judicial Probation Department.
10. Second Reading of Ordinance No. 093, 2012, Amending Section 26-279 of the City Code to Allow
a Reduction for Calculated Evaporative Losses in Determining Wastewater Volume for Existing Large
Industrial Processes.
In 2010, Chapter 26 of the City Code was modified to establish an additional method of determining
wastewater volume as the basis for Wastewater Service fees. That Code amendment allowed
Utilities to recognize specific quantities of water consumed or processed in manufacturing processes
for the City’s industrial and large commercial wastewater customers. Examples include cooling
towers and other equipment or processes where a measurable reduction in wastewater discharge can
be determined and metered. The reduction may apply to either a specified portion of the user’s
facilities or the facility as a whole.
This Ordinance, unanimously adopted on First Reading on September 4, 2012, adds an option to
Section 26-279 of the City Code to allow for the use of nationally accepted industry standards of
calculation to recognize specific quantities of water that are evaporated off as part of an industrial
process and as a result are not discharged to the wastewater system. The models would provide a
quantifiable amount of water which should not be included in the wastewater discharge volume which
serves as the basis for Wastewater Service fees in lieu of metering for existing structures. This
adjustment will be allowed only for large industrial customers, and metering will still be required for
newly constructed facilities.
11. Second Reading of Ordinance No. 094, 2012, Designating the Schroeder House/Laurel Apartments,
121 East Laurel, Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
This Ordinance, unanimously adopted on First Reading on September 4, 2012, designates the
Schroeder Residence/Laurel Apartments at 121 East Laurel Street as a Fort Collins Landmark. The
property owner, Brian Beeghly, is initiating this request.
12. Items Relating to the Forney Annexation and Zoning.
A. Second Reading of Ordinance No. 095, 2012, Annexing the Property Known as the Forney
Annexation.
B. Second Reading of Ordinance No. 096, 2012, Amending and Classifying for Zoning Purposes
the Property Included in the Forney Annexation.
These Ordinances, unanimously adopted on First Reading on September 4, 2012, annex and zone
23.16 acres located on the north side of LaPorte Avenue, approximately 1,280 feet east of North Taft
Hill Road.
The parcels to be annexed, all owned by Forney Industries, are currently located in Larimer County’s
I – Industrial Zoning District. The requested zoning for this annexation is the T - Transition.
13. Second Reading of Ordinance No. 097, 2012, Authorizing the Conveyance of a Portion of a Tract of
Stormwater Utility Property to Coby S. Hughey and Linda C. Hughey.
In 1992, the final plat of Pheasant Ridge Estates dedicated Tract A to the City of Fort Collins for the
purpose of a detention basin. After the dedication, the developer certified to the City that he could
meet the required stormwater detention volumes without excavating and grading the western most
portion of Tract A (the portion adjacent to 1700 Westview Road.) Due to the City’s change of use for
this portion of Tract A, the adjacent property owners, Coby and Linda Hughey, have expressed an
interest to obtain the portion of Tract A that abuts their property at 1700 Westview Road. This
Ordinance, unanimously adopted on First Reading on September 4, 2012, authorizes the conveyance
of a portion of Tract A to the Hugheys.
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14. Items Relating to the High Park Fire Remediation.
A. Second Reading of Ordinance No. 098, 2012, Appropriating Additional Prior Year Reserves
in the Water Fund for Additional High Park Fire Remediation.
B. Resolution 2012-090 Authorizing the Mayor to Sign Additional Intergovernmental Agreements
Regarding Funding of Cache La Poudre Watershed Mitigation in Response to the High Park
Fire.
On August 21, City Council approved an emergency ordinance appropriating reserves from the Water
Fund to begin the soil stabilization efforts required to limit the impacts of the High Park Fire on the
Cache la Poudre watershed. That appropriation allowed work to begin on the Hill Gulch, which had
been identified as the most critical area comprising Phase 1 of the effort for the whole 5,657 acres
which will require aerial mulching and seeding per the Burn Area Emergency Response (BAER)
report. That work is anticipated to be completed in 2 weeks, allowing the next critical area, Boyd
Gulch, to be treated before October. This Ordinance seeks $2,000,000 from the Water Fund reserves
to tackle the soil stabilization efforts in the Boyd Gulch and other high-priority areas to be completed
in 2012.
On August 21, City Council also approved Resolution 2012-079 authorizing the Mayor to sign two
Intergovernmental Agreements to allow the initial work to be done in Boyd Gulch. With the additional
funding being requested through Ordinance No. 098, 2012, it will be necessary to enter into similar
agreements to complete the additional soil stabilization efforts.
15. First Reading of Ordinance No. 099, 2012, Amending the City Code and Adopting the First
Amendment to the City of Fort Collins General Employees’ Retirement Plan as Amended and
Restated January 1, 2012, to Change the Make-up of the General Employees Retirement Committee.
The existing structure of the General Employees’ Retirement Committee (GERC) has 6 positions and
must include at least 3 active employee members and only 1 retiree receiving a benefit. The GERC
recommends more flexibility in appointment of committee representatives by changing those 4
positions to be any of the following: an active employee, a former employee that is vested but not yet
receiving a benefit, or a retiree receiving a benefit.
16. First Reading of Ordinance No. 100, 2012, Appropriating Unanticipated Grant Revenue in the
Transportation Services Fund for the State Fiscal Year 2012-2013 Safe Routes to School Program.
The City of Fort Collins Transportation Planning Office has received a $27,500 federal grant through
the Colorado Department of Transportation for the FY 2012–13 Safe Routes to School (SRTS)
program. This funding will allow the City’s Safe Routes to School Program, administered and staffed
by Transportation Planning, to enhance its pedestrian and bicycle safety education programs.
17. First Reading of Ordinance No. 101, 2012, Adjusting the Terms of the Youth Advisory Board to
Coincide with the School Year.
At the request of the Youth Advisory Board, and at the direction of Council, this Ordinance amends
the terms of members of the Youth Advisory Board so that terms begin June 1 and expire May 31.
This change will allow newly appointed members to include Youth Advisory Board meetings and
activities when planning for the upcoming school year. The Youth Advisory Board does not meet
during the summer months.
The terms of all City boards and commissions expire on December 31 as required by Ordinance No.
070, 2000. This Ordinance provides that the next time the Boards and Commissions Manual is
updated, the term expiration dates of the City Boards and Commissions will be addressed in the
Manual.
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18. Resolution 2012-091 Amending Resolution 2006-124 to Revise the Process for City Council
Evaluation of the Performance of the City Manager, City Attorney and Municipal Judge.
Resolution 2006-124 outlines the process for completion of the annual formal performance evaluation
of the City Manager, City Attorney and Municipal Judge (the “Employees”), as well as the process for
determining compensation and benefit changes. In order to improve communication and provide
more timely information to Council, the due date for Employee self-evaluations and compensation
requests will be moved from 4 days prior to the Employees annual review to 20 days prior.
END CONSENT
19. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
20. Staff Reports.
a. Good News Items - Update on City Apps and Employee Wellness
b. Mason Minute
21. Councilmember Reports.
22. Consideration of Council-Pulled Consent Items.
DISCUSSION ITEMS
The method of debate for discussion items is as follows:
! Mayor introduces the item number and subject; asks if formal presentation will be made
by staff
! Staff presentation (optional)
! Mayor requests citizen comment on the item (five-minute limit for each citizen)
! Council questions of staff on the item
! Council motion on the item
! Council discussion
! Final Council comments
! Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
23. Second Reading of Ordinance No. 092, 2012, Amending Certain Provisions of the Land Use Code
to Afford Better Regulation of Multi-Family, High Density Housing Developments. (staff: Laurie
Kadrich, Ted Shepard; no staff presentation; 30 minute discussion)
At City Council’s direction, the Community Development and Neighborhood Services (CDNS)
department analyzed what immediate measures Council could consider to help mitigate adverse
impacts of current and future multi-family housing in areas adjacent to single family neighborhoods.
This Ordinance, adopted 6-1 (Kottwitz) on First Reading on September 4, 2012 will:
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1. require Medium Density Mixed-Use Neighborhood (MMN) land use and development
standards for all multi-family projects, particularly outside the Transit-Oriented Development
(TOD) Overlay Zone.
2. modify the Neighborhood Commercial zone district to ensure a significant commercial
component.
3. require an operation, management and security study for larger multi-family developments.
24. First Reading of Ordinance No. 102, 2012, Authorizing and Approving the Execution and Delivery by
the City of a Site and Improvement Lease and a Lease Purchase Agreement and Related Documents,
Concerning the Leasing by the City of Open Space and Natural Areas, a Deicing Materials Storage
Facility and a Centralized Police Services Building, to Refinance the City’s 2004 Lease Agreement
at a Lower Interest Rate; Ratifying Action Previously Taken; and Providing Other Matters Related
Thereto. (staff: John Voss; 5 minute staff presentation; 5 minute discussion)
Circumstances are favorable to refinance the 2004 Certificates of Participation (COPs). Bank of
America has proposed terms for the new debt that result in a net present value savings of $4.8 million
and equates to 13.4% of the refunded principal. The 2012 debt will mature in the same time frames
as before: Police through 2026, Natural Areas through 2019, and Transportation through 2024.
25. Public Hearing on the 2013-2014 Recommended Biennial Budget for the City of Fort Collins. (staff:
Darin Atteberry, Mike Beckstead; 90 minutes)
This is the first official public hearing on the City Manager’s 2013-2014 Recommended Biennial
Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the
2013-2014 budget.
In an effort to receive further public input, a second public hearing is scheduled for the October 2,
2012 Council meeting. Public input will also be taken during the budget adoption meetings on
Tuesday, October 16 and Tuesday, November 20, 2012 at 6:00 p.m. in the Council Chambers.
The City Manager’s 2013-2014 Recommended Budget can be reviewed at the Main Library, the
Harmony Branch Library, Council Tree Library, or the City Clerk’s Office. The recommended budget
can also be viewed online at www.fcgov.com/budget.
26. Consideration of Citizen-Pulled Consent Items.
27. Other Business.
28. Adjournment.
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced
before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by
majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items
of business. Any matter which has been commenced and is still pending at the conclusion of the Council
meeting, and all matters scheduled for consideration at the meeting which have not yet been considered
by Council, will be continued to the next regular Council meeting and will be placed first on the discussion
agenda for such meeting.
Karen Weitkunat, President City Council Chambers
Kelly Ohlson, District 5, Vice-President City Hall West
Ben Manvel, District 1 300 LaPorte Avenue
Lisa Poppaw, District 2 Fort Collins, Colorado
Aislinn Kottwitz, District 3
Wade Troxell, District 4
Gerry Horak, District 6 Cablecast on City Cable Channel 14
on the Comcast cable system
Darin Atteberry, City Manager
Steve Roy, City Attorney
Wanda Nelson, City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
GENERAL IMPROVEMENT DISTRICT NO. 1 MEETING
September 18, 2012
(after the Regular Council Meeting)
1. Call Meeting to Order.
2. Roll Call.
3. Second Reading of Ordinance No. 063, Appropriating Prior Year Reserves in the General
Improvement District Fund for the Downtown Wayfinding Sign System. (staff: Clark Mapes; no
staff presentation; 5 minute discussion)
This Ordinance, unanimously adopted on First Reading on September 4, 2012, appropriates
$500,000 from the General Improvement District No. 1 (GID) Fund for final design, fabrication
and installation of a Downtown Wayfinding Sign System. Schematic design of a sign system was
completed in 2009 and this appropriation provides funding to implement the system. The funds
will be used to hire a sign company to develop final design and construction details, and then
fabricate and install signs in collaboration and coordination with the City’s Traffic Operations sign
shop.
4. Other Business.
5. Adjournment.
GENERAL IMPROVEMENT
DISTRICT NO. 1 AGENDA
Karen Weitkunat, Mayor Council Information Center
Kelly Ohlson, District 5, Mayor Pro Tem City Hall West
Ben Manvel, District 1 300 LaPorte Avenue
Lisa Poppaw, District 2 Fort Collins, Colorado
Aislinn Kottwitz, District 3
Wade Troxell, District 4 Cablecast on City Cable Channel 14
Gerry Horak, District 6 on the Comcast cable system
Darin Atteberry, City Manager
Steve Roy, City Attorney
Wanda Nelson, City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
WORK SESSION
September 18, 2012
after the General Improvement District No. 1 Meeting
1. Call Meeting to Order.
2. Presentation of the City Manager’s 2013-2014 Recommended Budget. (staff: Darin
Atteberry, Mike Beckstead; 2 hour discussion)
The City Manager’s 2013-2014 Recommended Budget was delivered to City Council and
the City Clerk on August 30, 2012, pursuant to provisions of Article V, Section 2 of the
City Charter. In September and October the City Council will have a series of work
sessions and two public hearings on the Budget to gather input from the community.
Staff believes City Council will have many challenging decisions ahead with the 2013-
2014 Budget as it is finalized. The community has had more opportunity this year than
in the past to provide input on the specific Offers (budget requests) under consideration.
That will continue in the next couple months with the aforementioned Public Hearings
and an online tool to gather citizen input. A detailed public input schedule is listed
below.
For the September 18, 2012 Work Session, staff will present a summary overview of the
following Result Area:
• Transportation
3. Other Business.
4. Adjournment.
PROCLAMATION
WHEREAS, it is the privilege and duty of the American people to commemorate the
anniversary of the drafting of the Constitution of the United States of America with appropriate
ceremonies; and
WHEREAS, September 17, 2012 marks the two hundred and twenty-fifth anniversary of
the drafting of the Constitution of the United States of America by the Constitutional Convention;
and
WHEREAS, it is fitting and proper to officially recognize this magnificent document and
the anniversary of its creation; and
WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which
will commemorate the occasion; and
WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each year by the
President of the United States of America, designating September 17 through 23 as Constitution
Week.
NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby
proclaim September 17 through 23, 2012 to be
CONSTITUTION WEEK
in Fort Collins, and ask our citizens to reaffirm the ideals the framers of the Constitution had in
1787.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 18th day of September, A.D. 2012.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
DATE: September 18, 2012
STAFF: Wanda Nelson
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 6
SUBJECT
Consideration and Approval of the Minutes of the August 21, 2012 and September 4, 2012 Regular Meetings and the
August 28, 2012 Adjourned Meeting.
August 21, 2012
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, August 21, 2012,
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: Horak, Kottwitz, Manvel, Ohlson, Poppaw, and Troxell.
Councilmembers Absent: Weitkunat
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry recommended withdrawing Item No. 15, First Reading of Ordinance No.
075, 2012, Appropriating Unanticipated Grant Revenues in the General Fund for Police Services
and Appropriating Funds from the Police Operating Budget, until September 4, 2012.
An amended Ordinance for Item No. 18, First Reading of Ordinance No. 078, 2012, Amending
Article XII of Chapter 23 of the City Code relating to Art in Public Places, was included in
Council’s read-before packet and an amended resolution for Item No. 25, Resolution 2012-073
Making Findings of Fact and Related Determinations Regarding Appeals of the May 7, 2012,
Administrative Hearing Officer Approval of The District at Campus West Project Development Plan,
was also included.
City Manager Atteberry stated the title has been changed for Item No. 28, Resolution 2012-076
Promoting Improved Results Through Performance Measures and Data-Driven Decision Making.
An additional whereas clause has been added to the Emergency Ordinance for Item No. 36, Items
Relating to the High Park Fire Remediation. Additionally, Avago Technologies has requested
withdrawal of its discussion Item No. 37.
City Manager Atteberry stated an exhibit has been added to Item No. 40, Items Relating to the 2012
Downtown Development Authority-Related Financing Activities.
Citizen Participation
Roger Dodds, Corporation Separation Movement, discussed the Movement and presented
documents from other states to Council.
Nancy York, 130 South Whitcomb, read from the Corporation Separation Resolution presented to
Council.
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August 21, 2012
Cheryl Distaso, 135 South Sunset, read from the Corporation Separation Resolution.
Rose Lou, Fort Collins resident, read from the Corporation Separation Resolution.
David Bell, Fort Collins resident, read from the Corporation Separation Resoution.
Trudy Haines, 625 Hinsdale Drive, opposed the proposed incentive package for Avago.
Mel Hilgenberg, 172 North College, thanked Councilmember Manvel for attending the
Neighborhood Night Out event at the Northern Hotel. He announced the Corn Roast parade in
Loveland and thanked Council for its work on campus-area parking and the Mason Street Corridor
project.
Glen Colton, 625 Hinsdale Drive, opposed the proposed incentive package for Avago and opposed
the City’s tax incentive process.
Bill Milleny discussed crimes and corruption related to the Stacy Lynne case.
Ross Cunniff, 2267 Clydesdale, expressed concern about the process and appearance of the Avago
tax incentive package. He discussed an article in the Fort Collins Coloradoan related to oil drilling
and fracking.
Stan Schure, 2613 Adobe Drive, supported the Corporation Separation Resolution.
Lynn Hull, Fort Collins resident, discussed the vision for the arts in Fort Collins and suggested the
Arts in Public Places program should allow artists to propose projects.
Matt Flick, Fort Collins resident, opposed the City’s decision to not hire an FC Bikes manager and
supported the hiring of the current interim manager.
Russ Harvey spoke on behalf of Stacy Lynne and opposed what he called the organized and corrupt
court system.
Jeanne Hines discussed the effects of visitation and custody changes for children.
John Wines, Larimer County resident, discussed Tim Masters’ book and alleged City and County
officials have broken laws.
Jeff Morell, 1615 Sand Creek Court, thanked Council and the City for making Fort Collins a good
bicycle riding community. He supported positive momentum on that front and expressed
disappointment that the City opted not to hire an FC Bikes manager. He supported the hiring of the
current interim manager.
Sandy Lemberg, 6851 Poudre Canyon, encouraged additional enforcement of traffic laws relating
to cars rolling through stop signs and endangering bicyclists.
Thomas Edwards, 1101 South Bryan, stated safety relating to bicyclists in Fort Collins has decreased
and discussed unruly student behavior at homes west of campus.
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August 21, 2012
Eric Sutherland, 3520 Golden Currant, expressed concern about the process relating to tax incentive
packages for businesses. He stated the City needs a prescriptive methodology for the use of public
funds and a means for the private sector to compete for those funds.
Deborah Dooley, Denver resident, spoke on behalf of Stacy Lynne and her son, Jayden.
Kendall Gustafson, Fort Collins resident, supported the hiring of Molly North for the FC Bikes
manager position.
Jeanne Patton, 619 Skysail Lane, Save our Stadium, presented a petition signed by over 9,100 people
in support of keeping Hughes Stadium and in opposition to the proposed on-campus stadium. She
requested Council place a referendum opposing the on-campus stadium on the ballot.
Lloyd Walker, 1756 Concord Drive, discussed emails sent to Council regarding disruptive behavior
at homes near campus, particularly in the Avery Park neighborhood. He opposed the proposed on-
campus stadium.
Frank Johnson, Fort Collins resident, opposed the proposed on-campus stadium citing parking and
traffic issues and negative impacts on neighborhoods.
Bob Overbeck, Fort Collins resident, supported the Corporation Separation Movement and
expressed concern regarding the proposed on-campus stadium. He supported the placement of a
referendum on the November ballot.
Bob Vangermeersch, 4405 Upham, supported the placement of a referendum regarding the on-
campus stadium on the November ballot.
Louis Sharf, 1129 West Oak, noted CSU President Frank will decide the future of the on-campus
stadium, and would be influenced by the will of the people. He supported the placement of a
referendum on the November ballot.
Chris Marshall, 926 West Mountain, opposed the proposed on-campus stadium and supported the
placement of a referendum on the November ballot.
Doug Brobst, 1625 Independence Road, opposed the proposed on-campus stadium, and asked for
a show of hands from the audience of those in opposition. He supported the placement of a
referendum on the November ballot.
Carl Patton, 619 Skysail Lane, supported the placement of a referendum regarding the proposed on-
campus stadium on the November ballot.
Citizen Participation Follow-up
Councilmember Horak noted the hiring of an FC Bikes manager is solely up to City Manager
Atteberry. He stated the referendum issue will be discussed at Other Business at the end of the
meeting. Additionally, he noted Chief Hutto and the Police Services Department are aware of the
issues in the Avery Park neighborhood.
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August 21, 2012
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the July 17, 2012 Regular Meeting and the
July 10 and July 24, 2012 Adjourned Meetings.
7. Second Reading of Ordinance No. 062, 2012, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Fort Collins Museum of Discovery Science Center Exhibits
Project.
This Ordinance, unanimously adopted on First Reading on July 17, 2012, appropriates
$135,249 of Non-Profit Partner revenue, raised through fundraising efforts, to be used to
construct exhibit walls and the digital dome infrastructure at the Fort Collins Museum of
Discovery.
8. Second Reading of Ordinance No. 063, 2012 Approving a Grant Project with the Colorado
Department of Public Health and Environment, Appropriating Unanticipated Revenue in the
General Fund for the Natural Resources Radon Program and Authorizing the Transfer of
Matching Funds Previously Appropriated in the Natural Resources Operating Budget to the
Grant Project.
This Ordinance, unanimously adopted on First Reading on July 17, 2012, appropriates a
$11,525 grant given by the Colorado Department of Health and Environment. It also
transfers a matching amount of $11,525 from the 2012 General Fund and combine these in
the Radon Program account. The Radon Program carries out radon risk-reduction activities
identified in the current City Budget.
9. Second Reading of Ordinance No. 064, 2012, Appropriating Unanticipated Revenue from
the Colorado Department of Transportation and the Federal Transit Administration in the
Transit Fund for the Purchase of Six Buses.
In 2011, the City of Fort Collins was awarded $1,920,000 in Congestion Mitigation and Air
Quality (CMAQ) capital funding from the Federal Highway Administration for the period
2012 - 2015 to cover 80% of the total expense ($2,400,000) to purchase six replacement
Compressed Natural Gas (CNG) buses for Transfort's fixed route service. This CMAQ grant
award has been transferred to the Federal Transit Administration for disbursement and
management.
The City was also awarded a Colorado Department of Transportation FASTER grant in the
amount of $384,000 to cover 80% of the local match ($400,000) to purchase the six 35-foot
CNG buses. The City will contribute $96,000 from the Transit Fund to cover the remaining
portion of the required 20% local match. An appropriation in the amount of $1,250,000 is
already in place for bus procurement. Ordinance No. 064, 2012, unanimously adopted on
First Reading on July 17, 2012, appropriates an additional $1,150,000 to equal the total
project amount of $2,400,000.
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10. Second Reading of Ordinance No. 066, 2012, Calling a Special Municipal Election to Be
Held in Conjunction with the November 6, 2012 Larimer County General Election.
This Ordinance, unanimously adopted on First Reading on July 17, 2012, calls a Special
Municipal Election to be held in conjunction with the November 6, 2012 Larimer County
General Election, and preserves the opportunity for Council to place initiated or referred
issues on the November ballot. If Council decides to place any measures on the ballot it
would need to do so no later than at its September 4 meeting. If Council does not take final
action by ordinance or resolution before the statutory deadline (September 7) to certify ballot
language to Larimer County, the election will be cancelled and the provisions of this
Ordinance will be of no further force and effect.
This Ordinance does not submit a specific measure to the November 6, 2012 ballot.
However, Resolution 2012-062 Submitting a Citizen-initiated Ordinance Dealing with
Medical Marijuana Businesses to a Vote of the Registered Electors of the City at a Special
Municipal Election to Be Held on November 6, 2012, in Conjunction with the Larimer
County General Election was adopted on July 17, 2012. The purpose of the initiated
measure is to strictly regulate, control and permit a limited number of state-authorized
medical marijuana businesses within the city of Fort Collins and establish reasonable
restrictions on the signage and advertising of these businesses to match community needs.
11. Items Relating to the Historic Preservation Process.
A. Second Reading of Ordinance No. 067, 2012, Making Certain Amendments to
Chapter 14 of the City Code Pertaining to Landmarks.
B. Second Reading of Ordinance No. 068, 2012, Amending Section 2-277 of the City
Code Regarding the Requirements for Membership on the Landmark Preservation
Commission.
These Ordinances, unanimously adopted on First Reading on July 17, 2012, amend Chapters
2 and 14 of the City Code and provide for an appeals process for determinations of historic
eligibility; provide for an independent professional review of eligibility if a determination
is appealed; give timely public notice to citizens early in the demolition/alteration review
process about historic eligibility status and major alterations; and provide more specificity
to Landmark Preservation Commission board member experience requirements, ensuring
compliance with Certified Local Government standards.
Following adoption of these Ordinances on First Reading on July 17, 2012, staff has
amended Ordinance No. 067, 2012, to clarify the definition of Determination of Eligibility.
The definition of Determination of Eligibility will be amended to clarify that the decision
of eligibility is made by both the Director of Community Development and Neighborhood
Services and the Landmark Preservation Commission Chair; and to clarify that a
determination of eligibility will stand for one year.
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12. Items Relating to Housing Leases for On-Site Housing Located on Natural Areas.
A. Second Reading of Ordinance No. 069, 2012, Authorizing the Lease of City-Owned
Property at Gateway Natural Area.
B. Second Reading of Ordinance No. 070, 2012, Authorizing the Lease of City-Owned
Property at Bobcat Ridge Natural Area.
C. Second Reading of Ordinance No. 071, 2012, Authorizing the Lease of City-Owned
Property at Reservoir Ridge Natural Area.
Natural Areas owns four houses at three natural areas, including Gateway Natural Area,
Bobcat Ridge, and Reservoir Ridge. These Ordinances, unanimously adopted on First
Reading on July 17, 2012, update the four on-site housing leases for these natural areas. In
all cases, employees living at these locations provide a range of “on call” duties, including
site security, visitor assistance, maintenance, and other duties outside of normal work hours
without receiving “on call” pay. To compensate the employees for their requirement to
respond to these “on call” duties when necessary outside of normal working hours, the
monthly rental rates are reduced by approximately 50% of fair market value. The fair market
rental rates were determined by Real Estate Services, based upon recent rental comparisons.
Similarly, the value of the employer-provided lodging is excluded from the employee’s
income as the lodging is a condition of employment.
13. Second Reading of Ordinance No. 072, 2012, Authorizing the Conveyance of a Non-
Exclusive Waterline Easement and a Temporary Construction Easement on City Property
to the North Weld County Water District and the East Larimer County Water District.
The North Weld County Water District and the East Larimer County Water District (ELCO)
have planned the North Weld – ELCO Water Transmission Pipeline (NEWT) Project to
install an underground pipeline to connect the Soldier Canyon Water Filter Plant to the
Districts’ distribution systems. This Ordinance, unanimously adopted on First Reading on
July 17, 2012, authorizes the conveyance of a 40-foot wide waterline easement and a
temporary construction easement across the northern portion of the City’s Water Treatment
Facility property located on Laporte Avenue. The City has previously granted easements
for this Project on other City properties.
14. First Reading of Ordinance No. 074, 2012, Appropriating Unanticipated Grant Revenue in
the Cultural Services and Facilities Fund for the Native American Graves Protection and
Repatriation Act Program.
The Fort Collins Museum of Discovery was awarded a grant in the amount of $57,522 from
the National Park Service, Native American Graves Protection and Repatriation Act
(NAGPRA) Program. This Ordinance will appropriate these grant funds to complete the
grant objectives.
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15. First Reading of Ordinance No. 075, 2012, Appropriating Unanticipated Grant Revenues in
the General Fund for Police Services and Appropriating Funds from the Police Operating
Budget.
A grant in the amount of $45,000 has been received from the Colorado Division of Criminal
Justice (DCJ) Juvenile Diversion fund for salaries associated with the continued operation
of Restorative Justice Services, which includes the RESTORE program for shoplifting
offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses.
Restorative Justice is an alternative method of holding a young offender accountable by
facilitating a meeting with the offender, the victim/victim representative and members of the
community to determine the harm done by the crime, and how to repair the harm. By
identifying and repairing the harm caused by the crime, Criminal Justice Officials are
optimistic repeat offenses by these youth will be reduced and the needs and concerns of the
victims and affected community will be addressed. A $7,440 cash match is required and will
be met by appropriating funds from the police operating budget designated for restorative
justice. Total required match is 25% so an additional $7,560 in-kind match is designated
from the Eighth Judicial Probation Department.
16. Items Relating to the Vine Drive and Shields Street Intersection Improvements Project.
A. Resolution 2012-065 Authorizing the Mayor to Sign an Intergovernmental
Agreement with the Colorado Department of Transportation to Receive Funding for
the Vine Drive and Shields Street Intersection Improvements Project.
B. Resolution 2012-066 Authorizing the Mayor to Execute an Intergovernmental
Agreement with Larimer County to Receive Funding for the Vine Drive and Shields
Street Intersection Improvements Project.
C. Resolution 2012-067 Determining that a Single-Lane, Modern Roundabout is the
Preferred Alternative for the Vine Drive and Shields Street Intersection
Improvements.
D. First Reading of Ordinance No. 076, 2012, Appropriating Unanticipated Revenue in
the Capital Projects Fund for the Vine Drive and Shields Street Intersection
Improvements Project.
The City has received a federally funded grant through the North Front Range Metropolitan
Planning Organization, category STP-Metro, for operational and safety improvements at the
Vine Drive and Shields Street intersection. In accordance with Council adopted Resolution
2001-120, an Alternatives Analysis was completed as part of the Arterial Intersection
Priority Study. The conclusions of the Alternatives Analysis show that a single-lane,
modern roundabout is the preferred alternative for this intersection.
Resolution 2012-065 will authorize the Mayor to sign an Intergovernmental Agreement with
the Colorado Department of Transportation (CDOT) to receive federal grant funds.
Resolution 2012-066 will authorize the Mayor to sign an Intergovernmental Agreement with
Larimer County to receive Regional Road Fee funds. Resolution 2012-067 will authorize
the construction of a single-lane, modern roundabout at this intersection. Ordinance No.
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August 21, 2012
076, 2012, will appropriate federal grant funds and Regional Road Impact Fee funds into the
Capital Project Fund for use on the Vine Drive and Shields Street Intersection Improvements
Project.
17. Items Relating to the Harmony Road and Union Pacific Safety and Maintenance Project.
A. Resolution 2012-068 Authorizing the Mayor to Execute an Intergovernmental
Agreement with the Colorado Department of Transportation to Receive Funding for
the Harmony Road and Union Pacific Maintenance Project.
B. First Reading of Ordinance No. 077, 2012, Appropriating Federal Grant Funds and
Transferring Previously Appropriated Project Savings from the Harmony Bridge
Project into the Capital Project Fund for the Harmony Road and Union Pacific Safety
and Maintenance Project.
Phase One of the Harmony Road Maintenance Project is currently under construction. This
project will provide congestion relief and rehabilitate the pavement on East Harmony Road
from College Avenue to Timberline Road by completing the following major work items:
turn lane construction, utility relocations, asphalt overlay, restriping and median
landscaping. Phase Two of the project will consist of safety improvements and signal
maintenance at the Harmony Road and Union Pacific Railroad crossing in order to
accommodate a six-lane roadway, bike lanes and sidewalks.
18. First Reading of Ordinance No. 078, 2012, Amending Article XII of Chapter 23 of the City
Code relating to Art in Public Places.
At the January 24, 2012 Council Work Session, Council reviewed the Art in Public Places
(APP) program and requested that staff develop several modifications to address Council
concerns with the program. Staff has identified proposed changes, additions and
clarifications to the program to address Council concerns that require revisions to Article XII
of Chapter 23 of the City Code relating to Art in Public Places.
19. First Reading of Ordinance No. 079, 2012, Amending Certain Provisions of Chapter 23.5
of the City Code Relating to Special Events Permits.
Chapter 23.5 of the City Code authorizes Special Events and currently requires that all
permittees, including governmental entities, indemnify the City. This Code requirement has
proven very difficult from fellow governmental entities and recent discussion with peer
cities has indicated a willingness to no longer require governmental entities to indemnify.
20. First Reading of Ordinance No. 080, 2012, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the
Mason Corridor Bus Rapid Transit Project.
Mason Corridor Bus Rapid Transit (MAX BRT) Project staff recently identified an
additional/new Temporary Construction Easement interest which is necessary to construct
the MAX BRT Project. As with prior acquisitions, City Council authorization for eminent
domain (if necessary) is the first step in the acquisitions process.
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August 21, 2012
As a federally funded transportation project, acquisitions will conform to the provisions of
the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as
amended (Public Law 91-646). In accordance with this act, property owners must be
informed about the possible use of eminent domain and their rights pursuant to Colorado
State Statute in the official Notice-of-Interest Letter. Authorization from City Council is
needed prior to sending this information to property owners. This letter is the first official
step in the acquisition process, which must occur prior to the appraisals. Given the
construction schedule for the Project and the fact that acquisitions must be conducted under
procedures for federally funded projects, timely acquisition of the required property interests
is necessary. Therefore, City Staff requests authorization to utilize eminent domain for the
MAX Project, if necessary, and only if good faith negotiations break down.
21. Items Relating to Strauss Cabin Road and East Harmony Road.
A. First Reading of Ordinance No. 081, 2012, Declaring Certain City-Acquired Property
as Strauss Cabin Road and East Harmony Road Right-of-Way.
B. Resolution 2012-069 Authorizing a Revocable Permit for Redline Pipeline LLC to
Excavate a Portion of Strauss Cabin Road to Install an Irrigation Pipeline.
A land survey identified a strip of land that is improved as a road was not included in the
road dedication grant from the property owner. As a result, this strip of land was never in
the Larimer County Road Book and Larimer County had never identified this as a County
Road. Most of this strip, which is 750 feet long, is in the western half of Strauss Cabin Road
and a small portion is in East Harmony Road. City staff has now acquired all the property
rights for this strip from the current owner of the adjacent property, LaFarge West, Inc. The
City acquired the property, but it was not designated as right-of-way. This Ordinance will
dedicate this strip as right-of-way.
The City has received a request to install a private utility in a right-of-way from Redline
Pipeline LLC, a private company that represents the owner of Harmony Gardens. Resolution
2012-069 will authorize both an excavation permit and an encroachment permit.
22. Items Relating to the Kechter No. 1 Annexation and Zoning.
A. Resolution 2012-070 Setting Forth Findings of Fact and Determinations Regarding
the Kechter Annexation No. 1.
B. Hearing and First Reading of Ordinance No. 082, 2012, Annexing Property Known
as the Kechter Annexation No. 1.
C. Hearing and First Reading of Ordinance No. 083, 2012, Amending and Classifying
for Zoning Purposes the Property Included in the Kechter Annexation No. 1.
As the Owner and Applicant, the City of Fort Collins has submitted a written petition
requesting the annexation of three sequential annexation tracts. Kechter Annexation No. 1
is the first Ordinance of this series of sequential annexations, which are as follows: Kechter
Annexation No. 1- 0.130 acres; Kechter Annexation No. 2 - 0.505 acres; Kechter Annexation
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No. 3 - 18.644 acres; Kechter Annexation total area: 19.279 acres. The majority of the land
within the Kechter Annexation series includes 2313 Kechter Road, which is owned by the
City of Fort Collins as part of the Land Bank program. 2313 Kechter Road contains one
single-family residence and is in the FA-1 – Farming Zoning District in Larimer County.
The Kechter Annexation does not create an enclave. There are no immediate plans to
develop this annexation area.
Kechter Annexation No. 1 is 0.31 acres and is located approximately 945 feet east of the
intersection of South Timberline Road and Kechter Road. The requested zoning for this
annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). The
surrounding properties are existing residential land uses currently zoned FA-1 – Farming
Zoning District in Larimer County to the north, south, east and west.
23. Items Relating to the Kechter No. 2 Annexation and Zoning.
A. Resolution 2012-071 Setting Forth Findings of Fact and Determinations Regarding
the Kechter Annexation No. 2.
B. Hearing and First Reading of Ordinance No. 084, 2012, Annexing Property Known
as the Kechter Annexation No. 2.
C. Hearing and First Reading of Ordinance No. 085, 2012, Amending and Classifying
for Zoning Purposes the Property Included in the Kechter Annexation No. 2.
As the Owner and Applicant, the City of Fort Collins has submitted a written petition
requesting the annexation of three sequential annexation tracts. Kechter Annexation No. 2
is the second of this series of sequential annexations, which are as follows: Kechter
Annexation No. 1 - 0.130 acres; Kechter Annexation No. 2 - 0.505 acres; Kechter
Annexation No. 3 - 18.644 acres; Kechter Annexation total area is 19.279 acres. The
majority of the land within the Kechter Annexation series includes 2313 Kechter Road,
which is owned by the City of Fort Collins as part of the Land Bank program. 2313 Kechter
Road contains one single-family residence and is in the FA-1 – Farming Zoning District in
Larimer County. The Kechter Annexation does not create an enclave. There are no
immediate plans to develop this annexation area.
Kechter Annexation No. 2 is 0.505 acres and is located approximately 925 feet east of the
intersection of South Timberline Road and Kechter Road. The requested zoning for this
annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). The surrounding
properties are existing residential land uses currently zoned FA-1 – Farming Zoning District
in Larimer County to the north, south, east and west.
24. Items Relating to the Kechter No. 3 Annexation and Zoning.
A .Resolution 2012-072 Setting Forth Findings of Fact and Determinations Regarding
the Kechter Annexation No. 3.
B. Hearing and First Reading of Ordinance No. 086, 2012, Annexing Property Known
as the Kechter Annexation No. 3.
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August 21, 2012
C. Hearing and First Reading of Ordinance No. 087, 2012, Amending and Classifying
for Zoning Purposes the Property Included in the Kechter Annexation No. 3.
As the Owner and Applicant, the City of Fort Collins has submitted a written petition
requesting the annexation of three sequential annexation tracts. Kechter Annexation No. 3
is the third of this series of sequential annexations, which are as follows: Kechter
Annexation No. 1 - 0.130 acres; Kechter Annexation No. 2 - 0.505 acres; Kechter
Annexation No. 3 - 18.644 acres; Kechter Annexation total area is 19.279 acres. The
majority of the land within Kechter Annexation No. 3 includes 2313 Kechter Road, which
is owned by the City of Fort Collins as part of the Land Bank program. 2313 Kechter Road
contains one single-family residence and is in the FA-1 – Farming Zoning District in
Larimer County. The Kechter Annexation does not create an enclave. There are no
immediate plans to develop this annexation area.
Kechter Annexation No. 3 is located approximately 900 feet east of the intersection of South
Timberline Road and Kechter Road. The requested zoning for this annexation is the Low
Density Mixed-Use Neighborhood District (L-M-N). The surrounding properties are existing
residential land uses currently zoned FA-1 – Farming Zoning District in Larimer County to
the north, south, east and west.
25. Resolution 2012-073 Making Findings of Fact and Related Determinations Regarding
Appeals of the May 7, 2012, Administrative Hearing Officer Approval of The District at
Campus West Project Development Plan.
On May 7, 2012, the City of Fort Collins Hearing Officer issued a written decision
approving The District at Campus West P.D.P. with one condition ensuring proper vacation
of public streets. On May 21, 2012, Zeta Tau Alpha Fraternity Housing Corporation and
Robert M. Meyer each filed a Notice of Appeal and on May 29, 2012, each Appellant filed
an Amended Notice of Appeal both alleging that the Hearing Officer failed to properly
interpret and apply the Land Use Code.
On July 17, 2012, City Council voted unanimously to modify the Hearing Officer’s decision
by requiring the following:
1. All three residential buildings must achieve a L.E.E.D. Silver designation,
2. The north side of Building Three must be reduced in height from five to four stories
and feature a pitched roof similar to the roof shown in the approved PDP for
Building One, and
3. Along the entire north property line, all new trees must meet or exceed the minimum
size requirements as specified in Section 3.2.1(F)(1).
In order finalize this appeal process, Council is required to adopt a Resolution making
findings of fact and finalizing its decision on the Appeal.
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August 21, 2012
26. Resolution 2012-074 Further Extending the Deadline for the City of Fort Collins and Town
of Windsor to take Certain Actions Required by the Parties’ Intergovernmental Agreement
Pertaining to the Development of the I-25/SH392 Interchange.
On December 21, 2010, the City Council approved an intergovernmental agreement with the
Town of Windsor (the “IGA”) pertaining to the development of the I-25 interchange at the
intersection of State Highway 392 (the “Interchange”). The IGA states that, by March 31,
2011, the City and Windsor will take certain actions to implement the IGA. City Council
adopted several resolutions extending this deadline, the most recent extension being to
August 21. 2012.
Staff of the Town of Windsor and the City continue to engage the public and affected
property owners regarding the implementation of the provisions of the IGA. The documents
accomplishing the final implementation of the provisions of the IGA are now in draft form
and being reviewed by staff from both Fort Collins and Windsor. The documents should be
ready for approval by the Fort Collins City Council and the Windsor Town Board by
October 2012.
The staff of both municipalities recommend that the August 21, 2012 deadline be extended
in order to complete the public outreach, draft necessary documents, and make their
recommendations. The deadline for all actions to be taken under the IGA by August 21,
2012 should be extended to October 16, 2012.
27. Resolution 2012-075 Authorizing the City Manager to Enter into a Grant Agreement with
the State Board of the Great Outdoors Colorado Trust Fund for the City’s Portion of the
Poudre River Corridor and Regional Trail Initiative Grant.
Great Outdoors Colorado has awarded a grant to Larimer County for its Poudre River
Corridor & Regional Trail Initiative project. Larimer County is the lead agency for the grant
application that includes the City of Fort Collins, Town of Timnath, Town of Windsor, and
the City of Greeley. The grant request includes open space acquisitions, trail easements,
and trail development along the Poudre River from Fort Collins to Greeley. The total grant
project cost is $8,074,826, with the Great Outdoors Colorado grant being in the amount of
$5,098,150. The City of Fort Collins portion of the project is $1,558,880, with the Great
Outdoors Colorado grant amount being $737,597.
The City’s portion of the project involves a new trailhead parking lot along Strauss Cabin
Road, extending the 10-foot wide concrete Poudre River Trail to the west side of I-25, an
overpass of I-25 and short trail connection to Timnath’s trail east of I-25. The total length
of new trail will be about 0.5 mile. The trail placement on Arapaho Bend Natural Area has
been coordinated with the Natural Resource staff. Construction of the project is scheduled
to start in 2013. Pursuant to the grant agreement, the City has until September 2015 to
complete the project.
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28. Resolution 2012-076 Promoting Improved Results Through Performance Measures and
Data-Driven Decision Making.
The City of Fort Collins is committed to being a data-driven organization. The City is
working at continuously improving the organization through various reporting and
evaluation efforts. Citywide participation in this effort helps maximize the quality of City
services in the most cost-effective and resource-efficient manner. Collecting and reporting
meaningful data and performance measures keeps the City accountable to the community
and reinforces the City’s commitment to transparency. Performance Management also
allows the City of Fort Collins to act as advocates and educators for performance excellence
and continuous improvement programs.
29. Resolution 2012-077 Appointing Two Representatives to the Colorado Municipal League
Policy Committee.
Appointments to the Colorado Municipal League (CML) Policy Committee are made each
fall and members serve for a one-year period from approximately September through
August. Each member municipality of the League is entitled to a representative, and all
cities over 100,000 are entitled to designate two representatives.
The Policy Committee is responsible for reviewing legislative proposals and recommending
to the League Executive Board, positions of support, opposition, no position or amendment
to a wide variety of legislation affecting cities and towns. At each annual conference in June,
the Policy Committee proposes to the membership, revisions to the League’s policies which
guide League positions on public policy issues affecting municipalities.
The Committee meets three or four times a year, before and during legislative sessions as
well as in May prior to the annual conference. CML has asked that representatives be
appointed by the end of July and has been notified that a resolution appointing Fort Collins’
two representatives is scheduled to be considered on August 16. The first CML Policy
Committee meeting will be held on Thursday, October 6.
This Resolution appoints Councilmember Wade Troxell and City Manager Darin Atteberry
to represent the City of Fort Collins on the Colorado Municipal League Policy Committee.
30. Resolution 2012-078 Making an Appointment to the Housing Authority Board of
Commissioners.
A vacancy currently exists on the Housing Authority Board of Commissioners due to the
resignation of John Sollenberger. Councilmember Lisa Poppaw conducted a phone
interview and is recommending Paul Schnaitter to fill the vacancy with a term to begin
immediately and set to expire on December 31, 2013.
***END CONSENT***
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August 21, 2012
Ordinances on Second Reading were read by title by City Clerk Nelson.
7. Second Reading of Ordinance No. 062, 2012, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Fort Collins Museum of Discovery Science Center Exhibits
Project.
8. Second Reading of Ordinance No. 063, 2012 Approving a Grant Project with the Colorado
Department of Public Health and Environment, Appropriating Unanticipated Revenue in the
General Fund for the Natural Resources Radon Program and Authorizing the Transfer of
Matching Funds Previously Appropriated in the Natural Resources Operating Budget to the
Grant Project.
9. Second Reading of Ordinance No. 064, 2012, Appropriating Unanticipated Revenue from
the Colorado Department of Transportation and the Federal Transit Administration in the
Transit Fund for the Purchase of Six Buses.
10. Second Reading of Ordinance No. 066, 2012, Calling a Special Municipal Election to Be
Held in Conjunction with the November 6, 2012 Larimer County General Election.
11. Items Relating to the Historic Preservation Process.
A. Second Reading of Ordinance No. 067, 2012, Making Certain Amendments to
Chapter 14 of the City Code Pertaining to Landmarks.
B. Second Reading of Ordinance No. 068, 2012, Amending Section 2-277 of the City
Code Regarding the Requirements for Membership on the Landmark Preservation
Commission.
12. Items Relating to Housing Leases for On-Site Housing Located on Natural Areas.
A. Second Reading of Ordinance No. 069, 2012, Authorizing the Lease of City-Owned
Property at Gateway Natural Area.
B. Second Reading of Ordinance No. 070, 2012, Authorizing the Lease of City-Owned
Property at Bobcat Ridge Natural Area.
C. Second Reading of Ordinance No. 071, 2012, Authorizing the Lease of City-Owned
Property at Reservoir Ridge Natural Area.
13. Second Reading of Ordinance No. 072, 2012, Authorizing the Conveyance of a Non-
Exclusive Waterline Easement and a Temporary Construction Easement on City Property
to the North Weld County Water District and the East Larimer County Water District.
35. Second Reading of Ordinance No. 073, 2012, Amending the City of Fort Collins District-
Precinct Map.
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August 21, 2012
39. Second Reading of Ordinance No. 061, 2012, Authorizing the Conveyance of a Non-
Exclusive Drainage and Landscaping Easement and an Access Easement on City Property
to Cornerstone Associates, LLC.
Ordinances on First Reading were read by title by City Clerk Nelson.
14. First Reading of Ordinance No. 074, 2012, Appropriating Unanticipated Grant Revenue in
the Cultural Services and Facilities Fund for the Native American Graves Protection and
Repatriation Act Program.
16. First Reading of Ordinance No. 076, 2012, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Vine Drive and Shields Street Intersection Improvements
Project.
17. First Reading of Ordinance No. 077, 2012, Appropriating Federal Grant Funds and
Transferring Previously Appropriated Project Savings from the Harmony Bridge Project into
the Capital Project Fund for the Harmony Road and Union Pacific Safety and Maintenance
Project.
18. First Reading of Ordinance No. 078, 2012, Amending Article XII of Chapter 23 of the City
Code relating to Art in Public Places.
19. First Reading of Ordinance No. 079, 2012, Amending Certain Provisions of Chapter 23.5
of the City Code Relating to Special Events Permits.
20. First Reading of Ordinance No. 080, 2012, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the
Mason Corridor Bus Rapid Transit Project.
21. First Reading of Ordinance No. 081, 2012, Declaring Certain City-Acquired Property as
Strauss Cabin Road and East Harmony Road Right-of-Way.
22. Items Relating to the Kechter No. 1 Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 082, 2012, Annexing Property Known
as the Kechter Annexation No. 1.
C. Hearing and First Reading of Ordinance No. 083, 2012, Amending and Classifying
for Zoning Purposes the Property Included in the Kechter Annexation No. 1.
23. Items Relating to the Kechter No. 2 Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 084, 2012, Annexing Property Known
as the Kechter Annexation No. 2.
C. Hearing and First Reading of Ordinance No. 085, 2012, Amending and Classifying
for Zoning Purposes the Property Included in the Kechter Annexation No. 2.
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August 21, 2012
24. Items Relating to the Kechter No. 3 Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 086, 2012, Annexing Property Known
as the Kechter Annexation No. 3.
C. Hearing and First Reading of Ordinance No. 087, 2012, Amending and Classifying
for Zoning Purposes the Property Included in the Kechter Annexation No. 3.
36. Emergency Ordinance No. 088, 2012, Appropriating Prior Year Reserves in the Water Fund
for the High Park Fire Remediation.
Councilmember Manvel withdrew Item No. 25, Resolution 2012-073 Making Findings of Fact and
Related Determinations Regarding Appeals of the May 7, 2012, Administrative Hearing Officer
Approval of The District at Campus West Project Development Plan, from the Consent Calendar.
Councilmember Poppaw withdrew Item No. 18, First Reading of Ordinance No. 078, 2012,
Amending Article XII of Chapter 23 of the City Code relating to Art in Public Places, from the
Consent Calendar.
Councilmember Manvel made a motion, seconded by Councilmember Horak, to adopt all items not
withdrawn from the Consent Calendar. Yeas: Ohlson, Manvel, Kottwitz, Poppaw, Horak and
Troxell. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager Atteberry acknowledged the citizens who spoke regarding the FC Bikes Manager
position. He stated an appointment was not made and he stands by that decision; however, the City
is committed to moving forward in making Fort Collins a platinum bicycling community.
City Manager Atteberry clarified the end goal of the City is not to avoid a lawsuit with respect to
the fracking issue.
Councilmember Reports
Councilmember Troxell reported on the success of the Neighborhood Night Out events.
Councilmember Horak stated Jackie Sargent has been hired as the new general manager for Platte
River Power Authority.
Ordinance No. 078, 2012,
Amending Article XII of Chapter 23 of the City Code
relating to Art in Public Places, Adopted on First Reading
The following is staff’s memorandum for this item.
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“EXECUTIVE SUMMARY
At the January 24, 2012 Council Work Session, Council reviewed the Art in Public Places (APP)
program and requested that staff develop several modifications to address Council concerns with
the program. Staff has identified proposed changes, additions and clarifications to the program to
address Council concerns that require revisions to Article XII of Chapter 23 of the City Code
relating to Art in Public Places.
BACKGROUND / DISCUSSION
Section 23-303 of the City Code, added in 1995, established the Art in Public Places Reserve
Account, and designated it for use in acquiring or leasing works of art, maintenance, repair or
display of works of art, and administrative expenses related to the Art in Public Places Program,
in accordance with the Art in Public Places Guidelines adopted by Ordinance No. 020, 1995. The
Council permanently adopted the Art in Public Places Program, and reenacted City Code Chapter
23, Article IX, with certain modifications in 1998.
At the January 24, 2012 Council Work Session, Council reviewed the Art in Public Places (APP)
program and requested staff develop modifications to the program to address Council concerns.
The following changes, additions, and clarifications are proposed to Article XII of Chapter 23 of
the City Code relating to Art in Public Places:
1. Modify the definition of a “construction project” in the City Code to reduce ambiguity and
exempt non-traditional capital projects from the APP program. The proposed change would
exclude vehicles, and equipment not affixed to public property, excluding projects like
advanced metering and bus acquisitions.
2. Amend the City Code to remove the requirement to fully fund the 1% contribution from non-
restricted funding sources when there are project funding sources that cannot be used for
art. For example, under the current Code, if 50% of a capital project is funded by a Federal
grant that cannot legally be used for art, 1% of the total project cost would be contributed
to APP from the unrestricted 50% funding source. With the proposed modification, the APP
contribution would be 1% of the unrestricted project funds.
3. Reduce the level of Utility contributions to APP by amending the City Code to cap the total
annual contribution to APP from each Utility Fund (Water, Waste Water, Stormwater, and
Light & Power) at $100,000. Utility contributions represent approximately 75% of the APP
program revenue (estimated over the five year period of 2006 – 2010). The proposed
$100,000 annual cap equates to a 24%reduction in Utility APP funding and an estimated
18% reduction to the total program for the same time period. By implementing this
modification, APP will have less funding for projects. Examples of projects that would
likely not be funded include the Linden/Willow pocket park with a water feature and the Fort
Collins Museum of Discovery Utility based exhibits now in development.
Staff explored several other options for limiting the level of Utility contributions to APP
through various cap options, eliminating underground projects from contributing, or
requiring integration of art into functional project elements. Staff recommends the Utility
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Cap as the most straightforward way of addressing changes to Utility contributions to APP.
This option provides a clear and discernable contribution amount and avoids the inherent
difficulty of determining the amount of the contribution under the other options.
4. Fix a long-standing issue with the City Code by clarifying that monies credited to APP
Utility reserve accounts may be expended on maintenance, repair or display of art, and
expenses of administering utility –funded APP projects.
APP staff is also working with Finance to address the non-lapsing status of APP projects to improve
accountability and transparency. This will be addressed through a proposed administrative policy
change, and is not included in the Ordinance.
FINANCIAL / ECONOMIC IMPACTS
Implementing the $100,000 annual contribution cap for each Utility Fund (Water, Waste Water,
Stormwater, Light and Power) reduces APP funding, particularly for projects that are not located
on the project site. The $100,000 cap equates to a 24% reduction in Utility APP funding and an
estimated 18% reduction to the total program. Projects like the Linden/Willow pocket park with a
water feature that is now in development may not be possible in the future with reduced funding.
Other Utility APP projects may be delayed or reduced in scope, such as the Water Weir Wall (Water
Restoration Project) and the Pickle Plant site.
BOARD / COMMISSION RECOMMENDATION
The APP Board reviewed the proposed changes as submitted by staff. The APP Board does not
recommend the capping of Utility contributions.”
Marty Heffernan, Director of Community Services, stated the proposed modifications to the Art in
Public Places Program (APP) deal with tightening up the definition of a construction project, and
modifying the current requirements regarding funding. Additionally, a reduction in funding for the
Program from the Utilities funds is being proposed.
York, Art in Public Places Board Chairman, stated the Board supports the change in definition of
a construction project and supports the change from a lapsing to a non-lapsing fund. He stated the
Board does not support the cap on the Utilities funds contributions.
Carole Hossan, 504 Edwards Street, opposed staff’s proposal to cap Utilities funds contributions to
the Art in Public Places Program.
Harry Rose, 504 Edwards Street, expressed support for the Art in Public Places Program and
opposed staff’s proposal to cap Utilities funds contributions.
Nancy York, 130 South Whitcomb, supported the Art in Public Places Program and supported
maintaining funding for the Program.
Councilmember Manvel asked about the actual size of the Art in Public Places program, and how
that would change under the proposed budget cuts. Heffernan replied the Art in Public Places
budget, on average over the last five years, was $423,000. If the cap was in place for Utilities funds
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contributions, representing an 18% reduction, the average budget would be reduced to about
$360,000.
Councilmember Manvel asked what percentage of the Utilities total budget is represented by the
$63,000 difference. Heffernan replied the reduction is likely a percent of a percent, but he was
unsure of the exact number.
Councilmember Horak noted the difference represents 0.3% of the Water Utility, and noted the
capped budget will always be around $400,000.
Councilmember Poppaw asked what the $63,000 represents to the Utility budget as a whole.
Councilmember Horak asked how much of the Art in Public Places budget is represented by the
painting of utility boxes. Jill Stillwell, Cultural Resources Director, replied the amount is around
$1800 per box and represents about 10% of the APP program in general.
Councilmember Troxell asked about the rationale for capping the Utilities funds contributions.
Heffernan replied concern was expressed regarding the contribution from Utilities at the January
Council work session.
Councilmember Troxell asked how the Mason Street Corridor project and other large capital
projects will affect the APP budget. Heffernan replied a major capital project outside of the Utility
would be contributing 1%. The Mason Corridor MAX project has some restrictions due to federal
funding.
Councilmember Troxell asked about other funding sources for the APP Program. Stillwell replied
the Program collaborates with the Downtown Development Authority and the Bohemian
Foundation, as well as others. Tonight’s proposal does not limit external sources of funding.
Councilmember Poppaw noted economic development funding and General Fund money could still
be used for this Program.
Councilmember Poppaw made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 078, 2012, on First Reading, eliminating the phrases “would reduce the level of Utility
contributions to the program,” “the amount paid into each such reserve account shall be capped at
$100,000 per year,” and “subject to the cap on funding for each Utility reserve account as provided
in 23-303(B).”
Councilmember Troxell asked about the effects of Councilmember Poppaw’s proposed changes.
Heffernan replied the changes would eliminate the proposed cap on Utility funding resulting in the
amount of contribution to the program being as it has been in the past.
Councilmember Manvel stated he would want to know the impact on the individual Utility funds
prior to Second Reading.
Councilmember Troxell stated he would not support the motion and would like additional
information regarding the APP annual budget and possible effects on Utility rates.
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Councilmember Horak commended staff on the other changes but disagreed with the potential
funding changes in the motion.
Councilmember Manvel suggested a possible different type of capping limitation.
Councilmember Poppaw stated she proposed these changes to the Ordinance as they are in line with
community desires.
Mayor Pro Tem Ohlson stated he would support the motion.
The vote on the motion, as amended, was as follows: Yeas: Ohlson, Manvel and Poppaw. Nays:
Kottwitz, Troxell and Horak.
THE MOTION FAILED.
Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 078, 2012, on First Reading.
Councilmember Horak suggested a hard cap not be in place for each Utility.
Councilmember Poppaw stated she would like a more nuanced change in the funding.
Councilmember Troxell stated the APP Program has Council’s full support and agreed a further
refinement of the funding issue is necessary.
The vote on the motion was as follows: Yeas: Kottwitz, Manvel, Troxell and Horak. Nays: Ohlson
and Poppaw.
THE MOTION CARRIED.
Resolution 2012-073
Making Findings of Fact and Related Determinations Regarding Appeals
of the May 7, 2012, Administrative Hearing Officer Approval of The
District at Campus West Project Development Plan, Adopted as Amended
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
On May 7, 2012, the City of Fort Collins Hearing Officer issued a written decision approving The
District at Campus West P.D.P. with one condition ensuring proper vacation of public streets. On
May 21, 2012, Zeta Tau Alpha Fraternity Housing Corporation and Robert M. Meyer each filed a
Notice of Appeal and on May 29, 2012, each Appellant filed an Amended Notice of Appeal both
alleging that the Hearing Officer failed to properly interpret and apply the Land Use Code.
On July 17, 2012, City Council voted unanimously to modify the Hearing Officer’s decision by
requiring the following:
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1. All three residential buildings must achieve a L.E.E.D. Silver designation,
2. The north side of Building Three must be reduced in height from five to four stories and
feature a pitched roof similar to the roof shown in the approved PDP for Building One, and
3. Along the entire north property line, all new trees must meet or exceed the minimum size
requirements as specified in Section 3.2.1(F)(1).
In order finalize this appeal process, Council is required to adopt a Resolution making findings of
fact and finalizing its decision on the Appeal.
BACKGROUND / DISCUSSION
The Appellants’ Notices of Appeal were based on allegations that the Hearing Officer failed to
properly interpret and apply relevant provisions of the Land Use Code.
At the July 17, 2012 hearing on the matter, Council considered the testimony of City staff, the
appellants and the applicants. After consideration of the record and discussion, Council determined
that the Hearing Officer failed to properly interpret Section 3.5.1(G)(1)(a)(2). This section contains
standards relating the impact of light and shadow of buildings over 40 feet in height on adjacent
property. Accordingly, City Council then offered a motion that would modify the Hearing Officer’s
decision by adding the three aforementioned requirements. City Council voted 7 – 0 to approve the
motion thus modifying the decision of the Hearing Officer.”
Councilmember Manvel asked about the wording relating to tree size. City Attorney Roy suggested
eliminating the word “higher,” as the intent is to say that trees must exceed the normal requirements,
and instead meet the requirements stated in the other section, which requires larger trees.
Mayor Pro Tem Ohlson asked about Council’s direction that all new trees exceed the minimum size
requirements. Ted Shepard, Chief Planner, replied, Council is automatically exceeding the base
minimum by invoking 3.2.1(F).
Mayor Pro Tem Ohlson requested that staff work with the developer to potentially increase the
number of trees, as well. Shepard replied the issue has been discussed and the overall goal is to
mitigate the parking structure building with a large coverage of evergreen trees.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2012-073, eliminating the word “higher.” Yeas: Ohlson, Manvel, Kottwitz, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 073, 2012,
Amending the City of Fort Collins District-Precinct Map, Adopted on Second Reading
The following is staff’s memorandum for this item.
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“EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading by a vote of 4-3 (Nays: Kottwitz, Troxell, Weitkunat),
amends the City of Fort Collins District-Precinct Map in accordance with Article II, Section 1(c)
of the City Charter and Chapter 7, Article III, Division 3 of the City Code. The District boundaries
established in the amended map will be used for determining eligibility for City Council district
offices for the April 2013 election and determining eligibility for any interim appointments to fill any
City Council office vacancies which may occur after July 27, 2012. Five options were presented,
with Option 5 being the adopted version. This Option achieves the highest acceptable deviation and
moves three precincts into different districts; two moves are negative, one is positive.”
Eric Kronwall, 1613 Barnwood Drive, discussed the Council district requirements per the City
Charter and stated Option 1 most closely meets the requirement of the districts having equal
numbers of residents.
Councilmember Troxell asked for comment on the issue of precedence between the City Charter and
the City Code. City Attorney Roy replied the Charter takes precedence if there is a conflict.
Councilmember Manvel noted there is no procedure to change the districts as quickly as may be
needed for population changes. Option 5 allows room for growth, specifically in District 5, which
will have an increased population given new development projects in the near future.
Councilmember Troxell stated the data was not provided to assess the impact of such development.
Councilmember Troxell suggested amending Ordinance No. 073, 2012, by adopting Option 1.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 073, 2012, on Second Reading.
Councilmember Troxell made a motion, seconded by Councilmember Kottwitz, to amend Ordinance
No. 073, 2012, by adopting Option 1 on Second Reading.
Councilmember Troxell stated Option 1 meets the provisions of the City Charter.
Councilmember Manvel asked how often the District map is revised. Rita Harris, Deputy City
Clerk, replied there is a provision for another review five years after the release of census data.
Councilmember Kottwitz agreed the districts are dynamic, and stated Option 5 is the worst for her
district in terms of expected population growth and the deviation from other district. She suggested
a compromise between Option 1 and 5.
The vote on the motion to amend Ordinance No. 072, 2012 by adopting Option 1 on Second Reading
was as follows: Yeas: Troxell, Horak and Kottwitz. Nays: Poppaw, Ohlson and Manvel.
THE MOTION WAS DEFEATED.
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The vote on the original motion was as follows: Yeas: Manvel, Poppaw, Horak and Ohlson. Nays:
Kottwitz and Troxell.
THE MOTION CARRIED.
Items Relating to the High Park Fire Remediation, Adopted
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
A. Resolution 2012-079 Authorizing the Mayor to Sign Two Intergovernmental Agreements
Regarding Funding of Cache La Poudre Watershed Mitigation in Response to the High Park
Fire.
B. Emergency Ordinance No. 088, 2012, Appropriating Prior Year Reserves in the Water Fund
for the High Park Fire Remediation.
The High Park Fire, which began on June 9, 2012 and ended on July 11, 2012, has affected the
Cache la Poudre watershed. Recent rain events (July 5 – 6, 2012, July 16, 2012) have demonstrated
the negative effects of erosion on the Cache la Poudre River, a key water source for the city. Fort
Collins Utilities have been involved with local, state and federal agencies to secure possible
recovery funding. At this time, no local, state or federal funding sources have been identified for
post fire recovery efforts specific to water supplies. As a result, staff has worked with the City of
Greeley, the Tri-Districts, and Larimer County to develop an erosion mitigation plan with an
immediate need to address the highest priority area, Hill Gulch, which represents 1152 acres out
of the 2600 acres identified as the most critical area comprising Phase 1 of the effort for the whole
5657 acres requiring aerial mulching and seeding per the Burn Area Emergency Response (BAER)
report.
The BAER report specifically identifies an emergency situation exists with potentially significant
impacts to water diversion infrastructure due to the increased risk of damage from the accumulation
of debris and sediment at intake locations. The report also identifies an emergency situation exists
with significant risk of degradation in water quality due to soil erosion.
This Resolution authorizes the City Manager to enter into the intergovernmental agreement with the
other parties to fund the mitigation of the impacts of the High Park Fire.
This Emergency Ordinance appropriates $626,015 immediately so that mitigation efforts can begin
as soon as possible.
The other parties agreeing to fund the Hill Gulch mitigation work are in the process of finalizing
the exact cost share percentages; if the City’s share is modified as a result, revisions to the agenda
materials will be made as early as possible prior to the Council meeting.
BACKGROUND / DISCUSSION
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The High Park Fire, which began on June 9, 2012 and ended on July 11, 2012, has affected the
Cache la Poudre watershed. The City has a large vested interest in the quality of water in the
Poudre River. The Cache la Poudre watershed is not owned by Fort Collins Utilities and
consequently, it is necessary to work with other governmental entities and private landowners to
effectively address the negative effects of erosion/sediment transport into the River due to rain on
the burn area. Over 70% of the burned area resides on private land, which will not be mitigated
without participation of the City of Fort Collins.
Recent rain events (July 5 – 6, 2012, July 16, 2012) have demonstrated the negative effects of
erosion on the Cache la Poudre River. As a result, staff has worked with the City of Greeley, Tri-
Districts, and Larimer County to develop an erosion mitigation plan.
The City of Greeley has already entered into an agreement with Western States Reclamation to do
similar mitigation after the Hewlett Fire. That contractor is currently completing the reseeding and
mulching necessary to slow the erosion affecting the watershed from that fire and will be ready and
available for this effort.
The cooperative efforts after the High Park Fire have identified the Hill Gulch as a priority area
for similar efforts. The Hill Gulch represents 1152 acres of the 2200 acres making up Phase 1 of
the effort. A total of 5657 acres require treatment. This funding represents the City of Fort Collins
portion of the $1.45M required to treat this area.
Staff will continue to update the City Council and community as more information becomes
available. What is known at this time is that the water quality is, and will continue to be,
challenging to treat after any rain or snow melt. Based on literature of watershed fires, we could
experience negative effects for years after this fire. In addition, these negative effects will change
as the years go by – immediate effects are the ash and sediment in the river, longer term changes
to the water quality such as metals concentration and algae growth leading to taste and odor issues
are anticipated. For example, Denver Water is still dealing with the Hayman fire more than a
decade later.
FINANCIAL / ECONOMIC IMPACTS
This effort will be coordinated through the National Resources Conservation Service (NRCS)
through a program called “Emergency Watershed Protection (EWP)”. The program is designed for
recovery measures. The measures must be environmentally and financially sound. It is possible the
City will be eligible for up to 75% reimbursement from the federal agencies and the City would pay
the remaining 25%. At the August 21, 2012 Council meeting, staff will report if efforts are
successful in receiving any federal funding. However, it is necessary to begin the mitigation efforts
immediately. Since the total recovery cost impacts are still being determined at this time, this
Emergency Ordinance is requesting funding only for the initial mitigation efforts related to the Hill
Gulch area. As further financial assessments are completed, staff will update the City Council. It
is anticipated at this time that a rate increase will be necessary in 2013 to cover the additional costs
associated with the fire mitigation efforts and the increased water treatment costs.
This region is known for its high quality water and the economic impact is significant to the city.
Many businesses have located here specifically because our water exceeds drinking water
standards.
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ENVIRONMENTAL IMPACTS
The City of Fort Collins, along with two other water providers together serve over 320,000 citizens
with high quality drinking water in northern Colorado. In Fort Collins, we are collaborating with
the other agencies to reduce the negative environmental impact. The fire has increased debris in
the river, erosion, and the sediment continues to degrade water quality.
Staff plans to mitigate the areas that have the highest severity by placement of seed and mulch.
BOARD / COMMISSION RECOMMENDATION
There has not been sufficient time to present this Ordinance to the Water Board, although updates
on the situation have been given to the Water Board. The complete mitigation plans will be
presented to the Water Board when they are more fully developed. “
Kevin Gertig, Water Resources and Treatment Operations Manager, stated one of the items for
Council consideration is an intergovernmental agreement, and the other is an Emergency Ordinance
to appropriate funding for the High Park Fire remediation. Negative water quality has continued
as a result of the fire and the watershed continues to erode. There is a potential of $24 million
needed for emergency stabilization costs. The following entities are working together to address
the issue: City of Greeley, East Larimer County Water District, Fort Collins Loveland Water
District, North Weld County Water District, Larimer County, and the City of Fort Collins. Gertig
stated staff has several leads on possible federal and state funding assistance. The goal is to leverage
any available federal funding; however, no federal or state funding is available for 2012.
Councilmember Horak asked for assurance the process is effective. Gertig replied staff is working
with Natural Conservation Services and has consulted other communities that have dealt with forest
fires. The technique is 60-80% successful and the input received indicates the procedure should be
done now in order to stabilize the soil and reduce negative impacts on the water supply.
Councilmember Horak asked if the other jurisdictions involved have already approved this
expenditure. Gertig replied the City of Greeley is considering an Emergency Ordinance this evening
and the Tri-Districts (Fort Collins-Loveland Water District, East Larimer County Water District, and
North Weld County Water District) have committed funding based on its water use percentages.
Councilmember Horak asked what would occur, in terms of the emergency nature of this item,
should a Council meeting not be scheduled. City Manager Atteberry replied he would have
consulted Council and gone ahead with the expenditure, and then sought a reappropriation of funds
to backfill.
Gary Wockner, 516 North Grant, Save the Poudre, supported the Resolution and Emergency
Ordinance and stated his organization is willing to volunteer with seeking federal funding.
Councilmember Manvel asked who owns the land to be reseeded. Gertig replied those acres are
privately owned and the County is working with the landowners.
Councilmember Manvel noted the federal land is being taken care of by the federal government, the
County land is being taken care of by the County, and the City and various water districts who are
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concerned about Poudre River water quality are helping various private landowners. Gertig replied
that assessment is true and noted the watershed is not owned by the utility, as it is in other states.
Federal funds were quickly diminished due to the season’s high number of wildfires.
Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2012-079. Yeas: Ohlson, Poppaw, Horak, Kottwitz, Manvel and Troxell. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Emergency
Ordinance No. 088, 2012.
City Attorney Roy stated he needed to modify an additional whereas clause in the Ordinance. The
clause was added to better explain the emergency behind the appropriation. City Attorney Roy
suggested new language. Councilmembers Horak and Poppaw accepted the inclusion of the revised
language.
Councilmember Horak stated he would support this Emergency Ordinance as the City of Greeley
is also participating.
Councilmember Manvel suggested staff look ahead to possible fires in the Grand Lake area.
Mayor Pro Tem Ohlson noted the use of Emergency Ordinances has not been abused in the City and
noted the adoption of such an Ordinance requires five affirmative votes.
The vote on the motion was as follows: Yeas: Ohlson, Poppaw, Horak, Kottwitz, Manvel and
Troxell. Nays: None.
THE MOTION CARRIED.
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
Consideration of the Appeal of the Administrative Hearing Officer’s June 25, 2012
Decision Regarding the Legacy Senior Residences Project Development Plan
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
In May 2012, Cornerstone Associates LLC submitted a Project Development Plan for a multi-family
project in the RDR, River Downtown Redevelopment zone district and the Transit-Oriented
Development Overlay District (TOD). As proposed, the project consists of the redevelopment of the
former Kiefer Concrete Storage Yard for the purpose of constructing one new building that contains
72 one- and two-bedroom affordable apartments for seniors earning between 30 to 60% of the Area
Median Income. The parcel consists of on 1.97 acres and is located between Linden Street on the
southeast and Pine Street on the northwest.
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On June 11, 2012, the Administrative Hearing Officer conducted a public hearing in consideration
of the Legacy Senior Residences PDP and three Modifications of Standard. On June 25, 2012, after
testimony from the applicant, the public and staff, the Hearing Officer issued a written decision,
approving the PDP and three Modifications of Standards.
On July 9, 2012, Save the Poudre (STP) filed a Notice of Appeal seeking redress of the Hearing
Officer’s decision, which was superceded by an Amended Notice of Appeal, filed July 27, 2012. The
STP appeal asserts the Hearing Officer failed to properly interpret and apply relevant provisions
of the Land Use Code, specifically Sections 2.82(H), 4.17(D)(3)(c)(1), Section 4.17(D)(3)(c)(4),
Section 4.17(D)(1)(a), Section 3.2.4, Section 3.4.1(D)(1), and Section 3.4.1(D)(1)(k).
In addition, the STP appeal asserts that the Hearing Officer failed to conduct a fair hearing in that
the Hearing Officer considered evidence relevant to its finding which was substantially false or
grossly misleading on two accounts:
• The project’s Ecological Characterization Study did not provide sufficient evidence to
support the statement that the project would create no additional impacts to the Poudre
River Corridor, and
• The applicants indicated at the Hearing there was no other place in Fort Collins to build a
comparable project, and STP contends that there are other sites in the City where this
project could be built.
BACKGROUND / DISCUSSION
This project represents a 100% affordable housing project, redevelopment of abandoned industrial
land, and an assemblage of six lots. The site is located within the Downtown Strategic Plan and is
highlighted within the Downtown River Corridor Implementation Program Summary Report. The
proposed land use, multi-family, is permitted in the R-D-R zone district subject to Administrative
Review.
The proposal consists of 72 one- and two-bedroom affordable apartments for seniors (age 62 and
over) who earn between 30 to 60% of the Area Median Income. As the project is located within the
TOD, multi-family dwellings have no minimum parking requirements. However, the applicant is
providing 51 off-street parking stalls for the residences. All units (100%) are planned to be
permanently affordable.
The River Downtown Redevelopment zone district allows a maximum height of five stories. Section
4.17(D)(3)(c)(1) of the Land Use Code outlines two exceptions to the five stories allowed within the
R-D-R zone district:
1. Height/Mass. Multiple story buildings of up to five (5) stories are permitted;
however, massing shall be terraced back from the River and from streets as follows:
(1) buildings or parts of buildings shall step down to one (1) story abutting the River
landscape frontage; and (2) buildings or parts of buildings shall step down to three
(3) stories or less abutting any street frontage.
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The proposed building is 4 stories tall with a maximum building height of 50 feet-6 3/4 inches. The
project requested a Modification of Standard to the requirement of stepping down to three stories
along a public street (Pine Street), and this Modification was granted for being in compliance with
Section 2.8.2(H)(1) and Section 2.8.2(H)(2). A Modification of Standard was not required to step
down to one story, as this project does not abut the River landscape frontage.
Legacy Senior Residences, PDP, complies with applicable General Development Standards of
Article 3 and the land use and development standards of Division 4.17 RDR, River Downtown
Redevelopment District, with the exception of three Modifications of Standard requests:
1. Reduction of minimum vehicular overhang for a landscaped area from 7 feet to 5.95
feet (Section 3.2.2(L)(4)), which was granted for being in compliance with Section
2.8.2(H)(2) and Section 2.8.2(H)(4);
2. Maintaining a building height of 4 stories along where the building abuts a public
street (Section 4.17(D)(3)(c)(1)), which was granted for being in compliance with
Section 2.8.2(H)(1) and Section 2.8.2(H)(2); and
3. Increasing the frequent view/access standard from 125 feet to 180 feet (Section
4.17(D)(3)(c)(4)), which was granted for being in compliance with Section
2.8.2(H)(2).
The only Modification of Standard at issue with the appeal is the Modification to increase the
frequent view/access standard from 125 feet to 180 feet (Section 4.17(D)(3)(c)(4) of the Land Use
Code).
ACTION OF THE ADMINISTRATIVE HEARING OFFICER
The Administrative Hearing Officer conducted a public hearing on June 11, 2012. At the hearings,
the Hearing Officer considered the testimony of the applicant, affected property owners, the public
and staff. The Administrative Review process allows the Hearing Officer ten working days to render
a written decision. On June 25, 2012, the Hearing Officer provided a decision approving the PDP
and the three Modifications of Standard outlined above.
THE QUESTIONS COUNCIL NEEDS TO ANSWER
1. Did the Hearing Officer fail to properly interpret and apply relevant provisions of
the Land Use Code?
2. Did the Hearing Officer consider evidence relevant to its findings which were
substantially false or grossly misleading?
APPEAL ASSERTIONS
On July 9, Save the Poudre (STP) filed a Notice of Appeal seeking redress of the Hearing Officer’s
decision, which was superceded by an Amended Notice of Appeal, filed July 27, 2012. The STP
appeal asserts that the Hearing Officer failed to properly interpret and apply relevant provisions
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of the Land Use Code, specifically Sections 2.82(H), 4.17(D)(3)(c)(1), Section 4.17(D)(3)(c)(4),
Section 4.17(D)(1)(a), Section 3.2.4, Section 3.4.1(D)(1), and Section 3.4.1(D)(1)(k).
In addition, the STP appeal asserts that the Hearing Officer failed to conduct a fair hearing in that
the Hearing Officer considered evidence relevant to its finding which was substantially false or
grossly misleading on two accounts:
• The project’s Ecological Characterization Study did not provide sufficient evidence
to support the statement that the project would create no additional impacts to the
Poudre River Corridor, and
• The applicants indicated at the Hearing there was no other place in Fort Collins to
build a comparable project, and STP contends that there are other sites in the City
where this project could be built.
A. Failure to Properly Interpret and Apply Section 2.82(H) to Section 4.17(D)(3)(c)(4)
of the Land Use Code.
ASSERTIONS
STP states the following in its appeal:
“The decision by the Administrative Hearing Officer to allow the modification of standard
“Increasing the frequent view/access standard from 125' to 180' (Section 4.17(D)(3)(c)(4)”, for
“Senior Legacy Residences,” P.D.P. #12-0015 violates the following section of the land use code:
Section 2.8.2(H).
1. The proposed modification of standard is detrimental to the public good and violates
Section 2.8.2(H) of the land use code. The reasons why the proposed modification
of standard is detrimental to the public good are described in Save The Poudre
(STP) public testimony document: “Request to deny the development proposal for
“Legacy Senior Residences” Project Development Plan, #12-0015” (henceforth
“STP Request” http://savethepoudre.org/documents/STP-request-for-deny-SLR-6-
11-2012.pdf) sections 2, 3, 4, 5, and 6.
In the following sections of the appeal, STP contends why each Sections 2.8.2(H)(1), 2.8.2(H)(2),
2.8.2(H)(3), and 2.8.2(H)(4) of the Land Use Code were violated. As the Modification of Standard
was approved under Section 2.8.2(H)(2) of the Land Use Code, these sections of the appeal are
highlighted below.
3. The proposed modifications of standard is not the only way to substantially alleviate
an existing problem (affordable housing) in the City and therefore violates Section
2.8.2(H)(2) of the land use code. The reasons why the proposed modification of
standard is not the only way to substantially alleviate an existing problem
(affordable housing) in the City is described in “STP-Request” section 3. Further,
STP stated at hearing that there were many places in Fort Collins where the project
could be built to alleviate this existing problem – STP will repeat and support this
statement at appeal.
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STP states the following in ‘STP Request’ in #3, Section A:
3. The project’s proposed “modifications” will negatively impact the sensitive Cache
la Poudre River ecological corridor and are unnecessary when other alternatives
exist. The project requests two “modifications.”
a. The project requests a modification to 4.17(D)(3)(c)(4) which states:
“
4. Frequent view/access. No building wall shall exceed one hundred twenty-five (125) feet
on the axis along the River.”
The project requests that the building wall on the axis along the River be 180’ instead of the
maximum length of 125’. We strongly object to this modification. In addition to the wall being 4
stories tall – which we objected to in (2) above – this additional 55’ feet of wall abutting the Poudre
River frontage will significantly mar the natural area scenery, the natural area experience, and the
River Landscape Buffer. The City claims this modification is acceptable due to the need for
affordable housing in the community. We contend that affordable housing can be built in numerous
alternative places where modifications would not be needed and so this justification is erroneous.
In fact, we were told on the telephone by Affordable Housing staff that other locations were
considered for this project that we believe would have been better choices. We contend that although
affordable housing is a problem of city wide concern, it is not justifiable to sacrifice other city wide
concerns or values related to “Environmental Health” as noted in City Plan Principles and Policies
including ENV1.1 (Protect and Enhance Natural Areas), ENV1.2 (Regulate Development along
Waterways), ENV2.7 (Involve and Inform the Public), ENV4.2 (Enhance and Restore Streams),
ENV4.4 (Provide Neighborhood Natural Areas), ENV4.6 (Utilize Corridors), and Principles and
Polices applying to the Poudre River including ENV23.1 (Poudre River Corridor Overlay), ENV24.1
(Support Ecological Resilience), ENV24.2 (Conserve Natural Features), ENV24.3 (Provide Natural
Area Protection Buffers), ENV24.4 (Restore and Enhance), ENV27.2 (Maintain and Enhance Visual
Resources), and ENV.27.4 (Restore and Enhance)
(http://www.fcgov.com/planfortcollins/pdf/cityplan.pdf ).
LAND USE CODE STANDARDS:
Section 2.8.2(H) of the Land Use Code states the following:
“(H)Step 8 (Standards): Applicable, and the decision maker may grant a
modification of standards only if it finds that the granting of the modification would
not be detrimental to the public good, and that:..
(2) the granting of a modification from the strict application of any standard would,
without impairing the intent and purpose of this Land Use Code, substantially
alleviate an existing, defined and described problem of city-wide concern or would
result in a substantial benefit to the city by reason of the fact that the proposed
project would substantially address an important community need specifically and
expressly defined and described in the city's Comprehensive Plan or in an adopted
policy, ordinance or resolution of the City Council, and the strict application of such
a standard would render the project practically infeasible; or…
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…Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported
by specific findings showing how the plan, as submitted, meets the requirements and
criteria of said subparagraph (1), (2), (3) or (4).”
Section 4.17(D)(3)(c)(4)of the Land Use Code states the following:
“4. Frequent view/access. No building wall shall exceed one hundred twenty-five
(125) feet on the axis along the River.”
• Page 18 of the Staff Report contains an analysis of this Modification of Standard. The
complete quote from the Staff Report is as follows:
“Staff has evaluated the Applicant’s request against the criteria provided in Section 2.8.2(H)
of the Land Use Code. The purpose of the standard is not only to allow visual access into
the river corridor but also to break up the visual experience a pedestrian has while on the
Poudre River Trail. City staff held two design charrettes with the applicant to determine how
a wall that exceeds the standard could achieve the standard equally or better than a wall
125 feet in length.
The applicants have recessed the building for a length of 35 feet and provided significantly different
landscaping treatments around the building in the recessed area along the river. In addition, the
materials provided have brick in the recessed areas, which is darker in color than the other
dominant materials on the building, which furthers the visual variability a pedestrian will
experience on the site. While staff finds that the project has achieved a visual experience equal to
a better than the standard, visual access into the river is still precluded by a 180 foot long building.
Instead of meeting the criteria for a modification under Section 2.8.2(H)(1), staff finds that the
modification can be justified based on Section 2.8.2(H)(2) as the project meets a significant
community need, as discussed above. Thus, as this project meets the criteria set forth in Section
2.8.2(H)(2), staff recommends approval of this request.”
• With regard to the request for a Modification of Standard to Section 4.17(D)(3)(c)(4), the
Hearing Officer states on page 28 and 29 of the decision:
“The Hearing Officer finds that the Applicant has proposed modifications to the “frequent
view/access” standard are reasonable efforts to mitigate the 180 foot length of the building.
As proposed the building is 55 feet longer than the standard length.
With regards to the statements by the STP spokesman that “affordable housing can be built
in numerous alterative places” the Hearing Officer finds that not one, let alone, numerous
alternative places were identified by STP. Counsel for the Housing Authority testified that
they had looked for several years for a potential site and proposed site was the only feasible
site.
While these modifications would not be detrimental to the public good, the Hearing Officer
finds that the granting of the modification would substantially alleviate an existing, defined
and described problem of city wide concern. The provision of affordable senior housing at
this location will result in a substantial benefit to the city. This type of housing addresses an
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important community need that is specially and expressly defined and described in the City’s
Comprehensive Plan and adopted policies. The strict application of the “frequent
view/access” standard would render the project practically infeasible.
The Hearing Officer approves this modification pursuant to Section 2.8.2(H)(2).”
B. Failure to Properly Interpret and Apply Section 4.17(D)(3)(c)(1) Height/Mass
ASSERTIONS
STP states the following in its appeal:
“The P.D.P. violates Section 4.17(D)(3)(c)(1) of the land use code as described in “STP-Request”
section 2.”
STP states the following in ‘STP Request’ in #2:
“The project violates this section of the land use code because the building is four (4) stories tall
abutting the River landscape frontage, whereas the code requires one (1) story. We strongly object
to this violation. This 4 story wall of a building abutting the Poudre River landscape frontage will
significantly mar the natural area scenery, the natural area experience, and the Poudre River Buffer
as well as potentially negatively impact wildlife and the ecology in the area.
This violation of the land use code was noted in a staff email from City Sustainability Director,
Bruce Hendee, to Assistant City Manager, Diane Jones, March 11th:
“Diane, I have not been in the day to day negotiations of this project and perhaps it is too late to
turn back the state of things but, the applicant is failing to meet what I consider to be a key provision
of the Land Use Code which is to step back the upper stories next to the river.”
Further, Figure 20 in section 4.17(D)(1)(a) very clearly depicts a building that steps down to one
(1) story abutting the “River landscape frontage.” There is no ambiguity or subjectivity in this
wording in the code. Additionally, the attached photo (SLR-image1.jpg) clearly shows the fence line
abutting the grassy area along the trees at the top of the river bank.
In addition, section 5.1.2 defines “abut or abutting”:
“Abut or abutting shall mean touching. An abutting condition shall not be affected by the
parcelization or division of land that results in an incidental, nonbuildable, remnant lot, tract or
parcel.”
We contend that the grassy area between the fence and the trees along the river is indeed an
incidental, nonbuildable, remnant lot, tract or parcel, and thus that the project “touches” the river
landscape. Indeed, the grassy area is the “River landscape frontage.” In fact, the grassy area is a
small nonbuildable piece of property owned by the City fully integrated with and managed with the
Poudre River natural areas and bike path. (See images SLR-image2.jpg and SLR-image3.jpg).
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LAND USE CODE STANDARDS:
Section 4.17(D)(3)(c)(1) of the Land Use Code states the following:
“1. Height/Mass. Multiple story buildings of up to five (5) stories are permitted;
however, massing shall be terraced back from the River and from streets as follows:
(1) buildings or parts of buildings shall step down to one (1) story abutting the River
landscape frontage; and (2) buildings or parts of buildings shall step down to three
(3) stories or less abutting any street frontage.”
As noted above, the definition of abutting is as follows:
“Abut or abutting shall mean touching. An abutting condition shall not be affected
by the parcelization or division of land that results in an incidental, nonbuildable,
remnant lot, tract or parcel.”
• Page 26 of the Administrative Hearing Officer’s decision notes the following discussion that
occurred during the Hearing:
“Staff noted that the City owned land adjacent to the PDP could be the site of a park
structure at a future date. Therefore, the PDP does not touch or abut the River. See
Division 5.1.2 Definitions, Abut or abutting shall mean touching. An abutting
condition shall not be affected by the parcelization or division of land that results in
incidental, nonbuildable, remnant lot, tract or parcel. (Emphasis added)”
• Page 22 of the Hearing Transcript notes the following comments made by staff during the
Hearing:
“…Regarding that, staff had significant discussion about the term abutting versus
along, and it really 7 came down to, for us, whether or not you could build on that
parcel of City land. And even 8 though it is on park land, when you look at the
definition of a building being a permanent 9 structure, we do require parks
properties to come through our development review process, so 10 they could have
come through for numerous different structures on that parcel. And so that is 11 how
staff arrived at the notion that it was not abutting, not only that it wasn’t touching,
but also we relied on the second sentence of the term as well.”
• With regard to the request for a Modification of Standard to Section 4.17(D)(3)(c)(4), the
Hearing Officer states on page 26 of the decision:
“In addition, the Hearing Officer finds that the existing pedestrian/bike pathway
provides a buffer between the PDP site and the River. As Staff noted, a park
structure could be built in this area between the PDP and the River. Therefore, by
definition, the PDP does not abut or touch the River.”
C. Failure to Properly Interpret and Apply Section 4.17(D)(3)(c)(4) Frequent View/Access
This section of the appeal has been addressed in “A” above under the Modification of Standard.
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D. Failure to Properly Interpret and Apply Section 4.17(D)(1)(a) River Landscape Buffer
ASSERTIONS
STP states the following in its appeal:
“The P.D.P violates Section 4.17(D)(1)(a) of the land use code as described in “STP-Request”
section 4. Further, STP contends that the buffer zone in the R-D-R zoning district is interpreted as
a minimum of 200 feet henceforth.”
STP states the following in ‘STP Request’ in #4:
4. The project misinterprets the “buffer” along the Poudre River ecological corridor. The
project requires a “River Landscape Buffer” (section 4.17(D)(1)(a)):
“…the applicant shall establish, preserve or improve a continuous landscape buffer along
the River as an integral part of a transition between development and the River.”
In the zoning district directly upstream of this area, the buffer width is determined by code to be 200
feet (section 3.4.1(c), Buffer Zone Table: “Cache la Poudre River in Downtown (College to Lincoln
Avenue) = 200 feet). In the zoning district directly downstream of the R-D-R zoning district, the
buffer width is determined by code to be 300 feet. The code (section 4.17(D)(1)(a) goes on to say:
“In substitution for the provisions contained in Section 3.4.1(C)….” As such, the code makes no
determination about the buffer width in the R-D-R zone district, but again says: “the applicant shall
establish, preserve or improve a continuous landscape buffer along the River as an integral part of
the transition between development and the River.”
STP contends that there are no other relevant projects in this zone district abutting the river because
this is the first one that will set the precedent in this zone district. As such, the buffer width has not
yet been interpreted nor set as a precedent or in code. Because there is no precedent, STP contends
that the buffer should remain at 200 feet in the R-D-R zone district unless the City can prove,
through a scientific ecological study, that the sensitive ecological corridor of the Cache la Poudre
River can be protected by a buffer of some other width. A 200-foot buffer could meet the criteria to
“establish, preserve or improve a continuous landscape buffer along the River…”
Given that this project proposes to build structures (parking lots, buildings, etc.) within 150 feet of
the river channel, and even closer to the “top of bank” (100 feet or less) STP believes staff and
developer have mis-interpreted the land use code with regards to the buffer width and thus that the
hearing officer should deny the project.
LAND USE CODE STANDARDS:
Section 4.17(D)(1)(a) of the Land Use Code states the following:
“(a) River landscape buffer. In substitution for the provisions contained in Section
3.4.1(C) (Natural Habitats and Features) requiring the establishment of "natural
area buffer zones," the applicant shall establish, preserve or improve a continuous
landscape buffer along the River as an integral part of a transition between
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development and the River. To the maximum extent feasible, the landscape buffer
shall consist predominantly of native tree and shrub cover…
• Page 6 of the Staff Report contains an analysis of this standard. The complete quote from
the Staff Report is as follows:
Section 4.17(D)(1)(a) Transition between the River and the Development:
“(a) River landscape buffer. In substitution for the provisions contained in Section
3.4.1(C) (Natural Habitats and Features) requiring the establishment of "natural
area buffer zones," the applicant shall establish, preserve or improve a continuous
landscape buffer along the River as an integral part of a transition between
development and the River. To the maximum extent feasible, the landscape buffer
shall consist predominantly of native tree and shrub cover…
• With regard to Section 4.17(D)(1)(a), the Hearing Officer states on page 5 of the decision:
“The city owned strip of land between the PDP and the River is part of the Poudre
River Trail. This PDP will improve the existing pedestrian/bike path along the River.
The Hearing Officer finds that this PDP complies with the standard.”
E. Failure to Properly Interpret and Apply Section 3.2.4 Site Lighting
ASSERTIONS
STP states the following in its appeal:
“9.The PDP violates Section 3.4.2 of the land use code. Neither staff nor applicant have adequately
described how they can build a 24/7 fully lighted parking lot within 100 feet of the sensitive
ecological corridor of the Poudre River without light pollution leaking over and into the Poudre
River buffer negatively impacting wildlife, ecology, and the riparian ecosystem.”
LAND USE CODE STANDARDS:
Section 3.2.4(D)(6) of the Land Use Code contains the Design Standards regarding lighting
adjacent to a natural area or natural feature and states the following:
“6) Unique areas or neighborhoods within the city may have additional design
guidelines for lighting as part of a neighborhood or area plan. The Community
Planning and Environmental Services Department can provide information
regarding neighborhood or area plans. Natural areas and natural features shall be
protected from light spillage from off-site sources.”
• Page 9 of the Staff Report contains an analysis of this standard. The complete quote from
the Staff Report is as follows:
“4.Section 3.2.4 Site Lighting - A photometric plan was submitted as part of the
initial project development plan submittal. As proposed, the project complies with
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the minimum lighting requirements. Parking lot lighting will feature down-
directional and sharp cut-off fixtures. No light spillage occurs within the Natural
Habitat Buffer Zone.”
• With regard to Section 3.2.4 the Hearing Officer states on page 5 of the decision:
“The Hearing Officer finds that the proposed site lighting will be placed on this
Legacy Senior Residences site. No additional lighting is proposed along the
pedestrian/bike paths. All lighting will comply with City standards.”
F. Failure to Properly Interpret and Apply Section 3.4.1(D) and 3.4.1(D)(1) Ecological
Characterization Study
ASSERTIONS
STP states the following in its appeal:
“The PDP violates Section 3.4.1(D) and Section 3.4.1(D)(1) of the land use code requiring an
Ecological Characterization Study (ECS). The Hearing Officer wrote: “The Hearing Officer notes
that Section 3.4.1(D)(1) must be replaced by Section 4.17(D)(1) and applied to the PDP because
it lies in the RDR District.” The Hearing Officer incorrectly interprets this section of the land use
code.
In fact, Section 4.17(D)(1)(a) only states: “In substitution for the provisions contained in Section
3.4.1(C) (Natural Habitats and Features) requiring the establishment of “natural area buffer
zones,”…”. As such Section 4.17(D)(1) substitutes for the buffer zones in Section 3.4.1(E), but it
does not substitute for any other part of Section 3.4.1. Therefore, every other part of Section 3.4.1
stands and is required in the R-D-R zoning district including Section 3.4.1(D) and Section
3.4.1(D)(1). In addition, in Section 3.4.1(D)(1) the “Director” has the discretion to require an ECS
– staff has already required an ECS and the Council (as “Director”) should reaffirm that
requirement. The P.D.P. must comply with the requirements of the ECS as defined in Section
3.4.1(D)(1) and noted in section 5 of STP’s “STP-request.” The ECS must also comply fully with
Section 3.4.1(F through O) including but not limited to 3.4.1(F) “protection of wildlife habitat.”
Also note that in Section 3.4.1(D)(1), the “area” is the area surrounding the site, whereas the “site”
is the parcel of land under the project – therefore the ECS must analyze the impacts to, and
mitigations for, the “area” including the surrounding the natural areas and Poudre River ecological
corridor, not just the site.”
LAND USE CODE STANDARDS:
Section 4.17(D)(1)(a) of the Land Use Code states the following:
“a) River landscape buffer. In substitution for the provisions contained in Section
3.4.1(C) (Natural Habitats and Features) requiring the establishment of "natural
area buffer zones," the applicant shall establish, preserve or improve a continuous
landscape buffer along the River as an integral part of a transition between
development and the River…”
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Section 3.4.1(D) and 3.4.1(D)(1) of the Land Use Code states the following:
(D) Ecological Characterization and Natural Habitat or Feature Boundary
Definition. The boundary of any natural habitat or feature shown on the Natural
Habitats and Features Inventory Map is only approximate. The actual boundary of
any area to be shown on a project development shall be proposed by the applicant
and established by the Director through site evaluations and reconnaissance, and
shall be based on the ecological characterization of the natural habitat or feature
in conjunction with the map.
(1) Ecological Characterization Study. f the development site contains, or is within
five hundred (500) feet of, a natural habitat or feature, or if it is determined by the
Director, upon information or from inspection, that the site likely includes areas with
wildlife, plant life and/or other natural characteristics in need of protection, then the
developer shall provide to the City an ecological characterization report prepared
by a professional qualified in the areas of ecology, wildlife biology or other relevant
discipline. At least ten (10) working days prior to the submittal of a project
development plan application for all or any portion of a property, a comprehensive
ecological characterization study of the entire property must be prepared by a
qualified consultant and submitted to the City for review. The Director may waive
any or all of the following elements of this requirement if the City already possesses
adequate information required by this subsection to establish the buffer zone(s), as
set forth in subsection (E) below, and the limits of development ("LOD"), as set forth
in subsection (N) below. The ecological characterization study shall describe,
without limitation, the following:
• An Ecological Characterization Study was required in compliance with Section 3.4.1(D)(1)
of the Land Use Code. Page 9 of the Staff Report states the following regarding Standard
3.4.1(E) of the Land Use Code:
“The buffer standards that apply to the Poudre River are described above, as the
metrics described in Section 3.4.1(E) of the Land Use Code do not apply in the RDR
Zone District. In addition, this site does not abut the river but has City-owned
property separating itself from the river. However, while the standard metrics do not
apply and this project does not abut the river, this project is still providing a
“continuous landscape buffer along the River as an integral part of a transition
between development and the River.” This buffer is being provided on City land and
will be maintained in perpetuity by the applicant. The buffer will be composed of
native trees (13), shrubs (44) and grasses.”
• With regard to Section 3.4.1(D)(1), the Hearing Officer states on page 5 of the decision:
“The Hearing Officer notes that Section 3.4.1(D)(1) must be replaced by Section
4.17(D)(1)(a) and applied to this PDP because it lies in the RDR District. The
Hearing Officer finds that this PDP meets the standards of Section 4.17(D)(1)(a).”
G. Failure to Properly Interpret and Apply Section 3.4.1(D)(1)(k) Ecological
Characterization Study and Mitigation
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ASSERTIONS
STP states the following in its appeal:
“11. The PDP violates Section 3.4.1(D)(1)(k) of the land use code, as described in “STP-request”
section 5.”
STP states the following in ‘STP Request’ in #5:
“…Further, section 3.4.1(D)(1)(k) states that the ECS shall describe “any measures needed to
mitigate the projected adverse impacts of the development project on natural habitats and features.”
The ECS has failed to describe the impacts to the sensitive ecology of the Poudre River corridor,
and certainly has not described any mitigation measures on projected adverse impacts. Thus, STP
believes the hearing officer should deny the project.”
LAND USE CODE STANDARDS:
Section 3.4.1(D)(1)(k) of the Land Use Code states the Ecological Characterization Study shall
describe the following:
“(k) any measures needed to mitigate the projected adverse impacts of the
development project on natural habitats and features.”
• The Project’s Ecological Characterization Study does include mitigation recommendations.
Page 22 of the Hearing Transcript notes the following comments made by staff during the
Hearing:
“Regarding the ecological characterization study, Dr. Wockner suggested that there
were no mitigation recommendations. Those begin on page two of the document...”
• With regard to Section 3.4.1(D)(1), the Hearing Officer states on page 5 of the decision:
“The Hearing Officer notes that Section 3.4.1(D)(1) must be replaced by Section
4.17(D)(1)(a) and applied to this PDP because it lies in the RDR District. The
Hearing Officer finds that this PDP meets the standards of Section 4.17(D)(1)(a).”
H. The Hearing Officer Considered Evidence Relevant to its Findings that was Substantially
False or Grossly Misleading regarding the project’s Ecological Characterization Study
ASSERTIONS
STP states the following in its appeal:
In supporting the P.D.P and the request for modifications of standard, the Administrative Hearing
Officer violated Chapter 2, Article II, Division 3, Section 2-48(b)(2)(c) which states: “The board,
commission or other decision maker considered evidence relevant to its findings which was
substantially false or grossly misleading.”
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1. The ECS for the P.D.P stated: “Development of the Legacy Senior Housing parcel would
create no additional impacts to the Poudre River corridor beyond those already occurred
from existing disturbance and development.” The ECS provides no evidence to support this
statement. Save The Poudre alleges that this statement is “substantially false” and provides
the following summary of evidence, and scientific articles supporting this summary, below:
N Native bird species decrease as housing density and housing encroachment into
habitat increases.
N Abundance of mammals decreases as housing density and housing encroachment
into habitat increases.
N As both housing density and quantity increases, nearby wildlife habitat is degraded.
LAND USE CODE STANDARDS:
Section 3.4.1(D)(1) of the Land Use Code states the the following:
(1) Ecological Characterization Study. f the development site contains, or is within
five hundred (500) feet of, a natural habitat or feature, or if it is determined by the
Director, upon information or from inspection, that the site likely includes areas with
wildlife, plant life and/or other natural characteristics in need of protection, then the
developer shall provide to the City an ecological characterization report prepared
by a professional qualified in the areas of ecology, wildlife biology or other relevant
discipline. At least ten (10) working days prior to the submittal of a project
development plan application for all or any portion of a property, a comprehensive
ecological characterization study of the entire property must be prepared by a
qualified consultant and submitted to the City for review. The Director may waive
any or all of the following elements of this requirement if the City already possesses
adequate information required by this subsection to establish the buffer zone(s), as
set forth in subsection (E) below, and the limits of development ("LOD"), as set forth
in subsection (N) below. The ecological characterization study shall describe,
without limitation, the following:
(a) the wildlife use of the area showing the species of wildlife using the area, the
times or seasons that the area is used by those species and the "value" (meaning
feeding, watering, cover, nesting, roosting, perching) that the area provides for such
wildlife species;
(b) the boundary of wetlands in the area and a description of the ecological functions
and characteristics provided by those wetlands;
(c) any prominent views from or across the site;
(d) the pattern, species and location of any significant native trees and other native
site vegetation;
(e) the top of bank, shoreline and high water mark of any perennial stream or body
of water on the site;
(f) areas inhabited by or frequently utilized by Sensitive and Specially Valued
Species;
(g) special habitat features;
(h) wildlife movement corridors;
(i) the general ecological functions provided by the site and its features;
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(j) any issues regarding the timing of development-related activities stemming from
the ecological character of the area; and
(k) any measures needed to mitigate the projected adverse impacts of the
development project on natural habitats and features.
Staff did not provide information regarding the ECS during the Hearing nor is the ECS specifically
referenced in the Hearing Officer’s decision;
Based on the staff report sections above, the project was found to be in compliance with Section
3.4.1 and Section 4.17(D)(1)(a) which also applies in the RDR Zone District.
I. The Hearing Officer Considered Evidence Relevant to its Findings that was Substantially
False or Grossly Misleading regarding the availability of locations for this project to be
built
ASSERTIONS
STP states the following in its appeal:
Statements of testimony by the FCHA and applicant at the hearing said that there was no other place
in Fort Collins to build a comparable project after a “thorough and exhaustive search.” Save The
Poudre alleges that these statements of testimony were substantially false or grossly misleading. At
appeal, Save The Poudre will produce a map (using City zoning maps) showing other areas in Fort
Collins where a comparable project can be built. Save The Poudre also submits as evidence a
statement in the “Environmental Assessment, 7-25-2011, Terracon project #20117008, that claims
the site was chosen because of the “purchase price” and because it was downtown, not because it
was the only site available:
“2.3 Alternative Locations
Alternative locations for the 72-unit residential facility were considered; however due to the
purchase price and location in relationship to the Fort Collins Old Town area, the proposed site
was selected.”
• With regard to this assertion, the Hearing Officer states on page 26 of the decision:
“Although the STP Spokesman argued that there were other equally suited sites for
affordable senior housing, none were identified. The other members of the public
who testified in favor of the PDP stated that the site selection process had been
thorough and exhaustive. The Hearing Officer approves this modification pursuant
to Sections 2.8.2(H)(1) and 2.8.2(H)(2).”
City Attorney Roy explained the City’s appeal procedure.
Mayor Pro Tem Ohlson asked Councilmembers to explain any observations made or conversations
held during the site visit.
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Councilmember Troxell stated he attended the site visit and noted the proposed structure’s location
with respect to the Poudre River, the trail, streets, and other structures. He stated he did not recall
any conversations other than those shared with the entire group.
Mayor Pro Tem Ohlson stated he attended the site visit and agreed with Councilmember Troxell’s
assessment of the visit.
Lindsay Ex, Environmental Planner, presented project facts and maps and discussed the
modifications of standard sought by the project. She discussed the assertions of the appeal and
provided information relating to each of the assertions.
APPELLANT PRESENTATION
Gary Wockner, 516 North Grant, Save the Poudre/Poudre Waterkeeper Director, alleged that
substantially false and misleading information was considered; therefore, the decision must be
remanded back to the hearing officer. He also alleged that relevant laws were not properly
interpreted and applied by the Hearing Officer, which would require the decision be overturned. Mr.
Wockner stated there was no evidence of a thorough and exhaustive search on the part of the
developer for an alternative site for the project. He stated the ecological characterization study was
substantially false. In terms of relevant laws not being properly interpreted and applied, Mr.
Wockner contended the building abuts the Poudre River, and should therefore include stepped-back
upper stories. He contended the lot between the River and the project lot is an incidental, non-
buildable lot; therefore, the project abuts the River. Additionally, Mr. Wockner suggested
modifications should not be granted as the project can be built elsewhere. He stated the project
should require a river landscape buffer, per the Land Use Code, as it abuts the River. Mr. Wockner
stated his group has offered several compromises to the developer, who has refused to compromise.
APPLICANT PRESENTATION
Julie Brewen, Fort Collins Housing Authority Executive Director, discussed the Legacy Senior
Residences project which would provide 72 one and two-bedroom affordable housing units for
seniors. The project is a joint venture with Cornerstone.
Cathy Mathis, representing the applicant, Birdsall Group, discussed the proposed development
location and the benefits of the proposed project. She discussed the continuous landscape buffer and
site arrangement, as required by the Land Use Code, and discussed the architectural features of the
proposed building. She noted the project could have been five stories tall, as allowed by the zone
district. Dividing the building into two did not make sense, given the population.
Jim Martell, attorney representing the Housing Authority and the applicant, discussed Mr.
Wockner’s allegations and noted the revised ecological characterization study stated there would
be minor additional impacts to the River. He noted the price of any other property would be critical
given the affordable housing nature of this project; additionally, the Code does not require a
developer to attempt to find alternate sites for a project. Mr. Martell noted the lot between the
proposed development and the River has been deemed as buildable by Deputy City Attorney
Eckman. Mr. Martell discussed the surrounding developments and their impacts on the Poudre
River corridor. He stated the Hearing Officer’s decision should not be overturned as the proposal
complies with every section of the Land Use Code and modification requirements.
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APPELLANT REBUTTAL
Mr. Wockner stated Save the Poudre is fully in support of affordable housing in Fort Collins. He
reviewed the development’s alleged negative impacts on the sensitive ecology of the Poudre River
Corridor and on the natural resource experience for River users.
APPLICANT REBUTTAL
Ms. Brewen stated the relationship between the Housing Authority and Cornerstone resulted in the
project being awarded the competitive tax credits. She stated part of that application was a thorough
site selection process. Ms. Brewen read comments in support of the project from Bryce Hawk with
the Affordable Housing Coalition.
Mr. Martell stated Mr. Wockner discussed new information, including the false statement allegation,
and a list of papers. Mr. Martell stated he would like to respond to that new information with Mr.
Phalen’s statement regarding his interpretation of that list of papers, and the joint statement
referenced by Ms. Brewen.
City Attorney Roy stated Mr. Wockner should have the ability to object to the new information and
Council has the option to receive the new information, which would need to be marked as exhibits
and given to the City Clerk.
Mr. Wockner stated he has a concern regarding the admission of evidence that did not show up in
a Colorado Open Records Act request. Mr. Wockner asked how the City Attorney would respond
to the allegation that the Housing Authority did not provide that information when an Open Records
Act request was submitted, and how he would respond to that information being submitted at this
hearing.
City Attorney Roy replied he was unsure what the scope of the request was, or whether the Housing
Authority complied with the request. Whether it is admissible at this hearing does not hinge upon
whether there was proper compliance with the Colorado Open Record Act. It hinges upon whether
the evidence is offered to support or rebut an allegation of substantially false or grossly misleading
evidence relevant to the findings that the Hearing Officer relied upon.
Mayor Pro Tem Ohlson stated Council would receive the new evidence.
Mr. Larry Mazata, Cornerstone Associates, stated he has never had a conversation with Mr.
Wockner and never received a suggestion from him that some form of mediation should occur. He
stated he did receive word of a meeting with the City administrator the day prior to the meeting and
could not attend. Mr. Mazata stated, in the thirty months prior to submitting the application for this
project, he made nineteen specific trips to Fort Collins solely for the purpose of looking at potential
sites for this project.
Mr. Wockner objected to Mr. Mazata’s statements potentially being new evidence.
City Attorney Roy stated this reference to the search to alternative sites addresses Mr. Wockner’s
allegation that the project was not rendered infeasible so as to warrant a modification. He asked if
Mr. Mazata is speaking to the issue of whether or not the Hearing Officer properly interpreted and
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August 21, 2012
applied provisions of the Code. Mr. Mazata replied he is speaking to Mr. Wockner’s statement that
the Hearing Officer did not properly interpret and apply provisions of the Code.
City Attorney Roy stated this evidence appears to be relevant, and should therefore be received.
Mr. Mazata discussed his location-seeking trips and stated his search took into account the City’s
planning preferences and the Colorado Housing Finance Authority’s preferences.
COUNCIL DISCUSSION
Councilmember Manvel asked about the developer’s reference to the fact that not allowing the
modifications would make the project infeasible. Specifically, he asked if it is accurate that
changing the site plan to place the parking lot between the building and the River is not allowed by
the Code. Ex replied it would be a violation of the Code requiring a modification to do so.
Councilmember Manvel asked about the intent of the 125-foot long wall maximum. Ex replied the
standard is designed to protect the pedestrian experience along the trail, and to provide frequent
access for views to the River.
Councilmember Manvel asked about the lack of buffer specification. Ex replied there is a
continuous landscape buffer required, though no specific number of feet is required. She stated she
has reviewed the proposed landscape buffer with several experts on staff.
Councilmember Troxell requested some measurement information from the proposed building to
the River bank. Ex provided the measurements.
Councilmember Troxell asked if there is any type of pristine element to the property given its
previous use. Ex replied there is a natural area to the north of the project. She stated she spoke with
several article authors regarding the potential effects of this project on the area and those authors
agreed with the staff interpretation that the buffer is sufficient.
Councilmember Poppaw asked if staff measurements were different than those provided by the
applicant. Ex replied her measurements were done in the field based on engineering stakes for the
project, not based on a survey.
Councilmember Horak asked how the Code addresses the axis of the building. Ex replied the Code
standard discusses frequent view/access and states that no building wall shall exceed 125 feet on the
axis along the River. Councilmember Horak pointed out the River has many axes as it is not a
straight line.
Councilmember Manvel stated there is a 45 degree angle between the building and the River. Ex
replied it can be interpreted conservatively; staff interpreted the section to mean “along the River.”
Councilmember Horak asked if it matters if there are other structures that would be in between this
180 foot wall and the River. Ex replied it does not matter for that particular standard.
Councilmember Horak made a motion, seconded by Councilmember Manvel, that the Hearing
Officer did not fail to conduct a fair hearing in consideration of Legacy Senior Residences.
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August 21, 2012
Councilmember Kottwitz commended Ms. Ex on her presentation and question responses.
Councilmember Troxell asked for the rationale behind the motion. Councilmember Horak replied
it was a fair hearing.
City Attorney Roy noted there were allegations specific to the fair hearing question regarding
whether or not the Hearing Officer considered evidence that was grossly misleading.
The vote on the motion was as follows: Yeas: Kottwitz, Manvel, Troxell and Horak. Nays: Ohlson
and Poppaw.
THE MOTION CARRIED.
Councilmember Manvel noted the community needs more affordable housing, but stated he is
concerned about the size of the project. He questioned whether or not the size and arrangement of
the site are necessary as possible changes could lessen the impact on the site.
Councilmember Horak asked how the CSU Engines Lab building compares size-wise to this
proposal. Mayor Pro Tem Ohlson stated he was present when that question was asked and was told
the proposal was comparable in height to the Penny Flats building.
Ex replied the Engines Lab axis is oriented more toward College Avenue than the River, and that
building is likely taller than the proposed building.
Mayor Pro Tem Ohlson noted the thinking about wildlife and ecological sensitivity has changed
since the time the other buildings were built. He stated the building is too long and too large and
is architecturally uninspired.
Councilmember Poppaw asked if forced mediation is an available option. City Attorney Roy replied
it is not an option. Council must determine whether or not the Hearing Officer properly interpreted
and applied the Code.
Councilmember Troxell made a motion, seconded by Councilmember Kottwitz, that Council uphold
the decision of the Hearing Officer approving the modification of standards from the Land Use
Code, Section 4.17(D)(3)(c)(4) for Legacy Senior Residences PDP, because the Hearing Officer
properly interpreted and applied provisions of the Land Use Code in approving the proposed
modifications of standards.
Councilmember Manvel stated the question of public good is involved, in terms of which public
good should take precedence.
Councilmember Horak stated he would support the motion.
Mayor Pro Tem Ohlson stated this project could be done better and expressed disappointment that
the project received a staff recommendation of approval. He added he does not believe the Hearing
Officer should work for the City any longer.
Councilmember Poppaw stated she would not support the motion as the design is disappointing.
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August 21, 2012
Councilmember Horak asked for suggestions on changing the design.
Mayor Pro Tem Ohlson stated opposing the motion could result in a more appropriately-designed
project coming forward in the future.
Councilmember Poppaw noted Mr. Wockner brought forth suggestions and the issue is not about
affordable housing.
Councilmember Horak stated the issue is about affordable housing as that is part of the basis for the
standard to be modified.
City Attorney Roy noted Council does have the option to remand the decision back to the Hearing
Officer.
Mayor Pro Tem Ohlson asked if Councilmember Horak would be open to the option of remanding.
Councilmember Horak replied he would need to have a basis for doing so.
Councilmember Horak asked Ms. Brewen for her opinion on the issue. Ms. Brewen replied the
rendering Council has seen has been the only one allowed to be viewed by Council. There have
been many discussions regarding materials and other changes. The project needs to be built with
certificate of occupancy by the end of December, 2013. The tax credits would cease to exist if this
is not the case; therefore a redesign is not possible.
Mayor Pro Tem Ohlson asked about the full landscape plan. Ms. Brewen replied the landscape
rendering was designed by the architect and is not representative of what will actually be in place,
which will be fully native landscaping.
Councilmember Poppaw made a motion, seconded by Mayor Pro Tem Ohlson, to amend the motion
to remand the decision back to the Hearing Officer in order to consider scale, mass, the building
length along the River, design, and landscaping.
Councilmember Horak asked about the timing of a potential remand. Ex replied a mailed notice
must go out ten days prior to the hearing, so the soonest it could be would be two weeks from
tomorrow. The Hearing Officer then has ten business days to render a decision.
Councilmember Horak asked how long after a decision an appeal could be filed. Deputy City
Attorney Paul Eckman replied an appeal must be filed within fourteen days.
The vote on the motion to amend was as follows: Yeas: Poppaw and Ohlson. Nays: Manvel,
Troxell, Horak and Kottwitz.
THE MOTION FAILED.
The vote on the motion to uphold the Hearing Officer’s decision regarding the modification of
standards was as follows: Yeas: Kottwitz, Manvel, Troxell and Horak. Nays: Poppaw and Ohlson.
THE MOTION CARRIED.
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August 21, 2012
Councilmember Horak made a motion, seconded by Councilmember Kottwitz, to uphold the
decision of the Hearing Officer approving the Legacy Senior Residences PDP, because the Hearing
Officer properly interpreted and applied provisions of the Land Use Code in approving the PDP.
Yeas: Kottwitz, Manvel, Troxell and Horak. Nays: Poppaw and Ohlson.
THE MOTION CARRIED.
Extension of the Meeting
Councilmember Horak made a motion, seconded by Councilmember Troxell, to continue the
meeting to address Item No. 39, Ordinance No. 061, 2012, Authorizing the Conveyance of a Non-
Exclusive Drainage and Landscaping Easement and an Access Easement on City Property to
Cornerstone Associates, LLC, and to continue other business to the Adjourned Meeting to be held
on August 28, 2012. Yeas: Troxell, Horak, Ohlson, Kottwitz, Manvel and Poppaw. Nays: none.
THE MOTION CARRIED.
Ordinance No. 061, 2012,
Authorizing the Conveyance of a Non-Exclusive Drainage and
Landscaping Easement and an Access Easement on City Property
to Cornerstone Associates, LLC, Adopted on Second Reading
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
Cornerstone Associates, LLC (the “Developer”) is planning a 1.97 acre affordable housing project
called the Legacy Senior Residences PDP (the “Development”) located at 360 Linden Street. The
Development requires off-site drainage and landscaping improvements and access improvements
on adjacent City-owned property which is maintained as the Old Fort Collins Heritage Park,
adjacent to the Northside Aztlan Community Center. This Ordinance, adopted on First Reading on
July 10, 2012 by a vote of 5-0 (Horak and Poppaw absent), authorizes the conveyance of a 11,198
square foot non-exclusive drainage and landscaping easement and 321 square foot non-exclusive
access easement from the City on the City property.
Second Reading of this Ordinance was postponed from July 17 to August 21, 2012 due to Council
hearing an appeal of the Development. Consideration of Second Reading will occur after Council
hears the appeal and is dependent upon the outcome of the hearing.
Councilmember Horak made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 061, 2012, on Second Reading. Yeas: Troxell, Horak, Kottwitz, Manvel and Poppaw. Nays:
Ohlson.
THE MOTION CARRIED.
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August 21, 2012
Adjournment
The meeting adjourned at 11:05 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
560
August 28, 2012
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 Tuesday, August
282012, 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: none
Councilmembers Absent: Horak, Kottwitz, Manvel, Ohlson, Poppaw, Troxell, and Weikunat.
Staff Members Present: Daggett, Nelson.
The noticed August 28, 2012 City Council meeting was not held due to the visit of President Barack
Obama to Colorado State University. Notices cancelling the meeting were posted on August 27,
2012 at Fort Collins City Hall, online at the City of Fort Collins’ website, and a press release was
sent to the local media. Pursuant to Article II, Section 11 of the City Charter, City Clerk Wanda
Nelson adjourned the meeting.
The meeting was adjourned at 6:03 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
561
September 4, 2012
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 4,
2012, 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: Horak, Kottwitz, Manvel, Ohlson, Poppaw, and
Weikunat.
Council Members Absent: Troxell
Staff Members Present: Atteberry, Nelson, Daggett.
(Secretary’s note: Councilmember Kottwitz arrived at 6:09 p.m.)
Agenda Review
Councilmember Horak withdrew Item No. 18, First Reading of Ordinance No. 092, 2012, Amending
Certain Provisions of the Land Use Code to Afford Better Regulation of Multi-Family, High Density
Housing Developments from the Consent Calendar.
Councilmember Manvel withdrew Item No. 19, First Reading of Ordinance No. 093, 2012,
Amending Section 26-279 of the City Code to Allow a Reduction for Calculated Evaporative Losses
in Determining Wastewater Volume for Existing Large Industrial Processes from the Consent
Calendar.
Bruce Lockhart, 2500 East Harmony, withdrew Item No. 11, Second Reading of Ordinance No. 080,
2012, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to
Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project from the
Consent Calendar.
Citizen Participation
Bill Mullaney, supported Stacy Lynne and encouraged Council to start an investigation into the
issue.
Vi Wickham, 1224 Oxborough, expressed concern regarding the City spraying promethrin for
mosquitos to aid in preventing West Nile Virus.
Chris Hayes, 2531 Hollingbourne Drive, Human Relations Commission member, announced an
elder abuse forum to be held at the Senior Center on October 22, 2012.
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September 4, 2012
Kathryn Dubiel, 2936 Eindborough Drive, discussed the Addition of Permitted Use aspect of the
Land Use Code and stated public access to Planning and Zoning Board staff reports is limited
online. She stated the current projects online document is out of date.
Michael Bello, 2309 Sunstone Drive, supported corporate tax credits for Avago.
Bruce Lockhart, 2500 East Harmony, discussed natural gas fracking and opposed the emphasis on
solar energy.
Roger Dodds, Corporation Separation Movement, supported the resolution presented by the
Movement.
David Bell, Fort Collins resident, supported the Corporation Separation Movement resolution.
Cheryl Distaso, 135 South Sunset, expressed concern regarding mosquito spraying and supported
the Corporation Separation Movement resolution.
Kevin Cross, 300 Peterson, supported the Corporation Separation Movement resolution.
Mike Pruznick, Fort Collins resident, supported West Nile Virus mitigation, but expressed concern
regarding the possible risks of spraying.
Zach Heath, 135 South Sunset Street, opposed corporate tax credits for Avago and supported the
Corporate Separation Movement resolution.
Devin Hirning, 2214 Fossil Creek Parkway, discussed Item No. 8, Second Reading of Ordinance
No. 077, 2012, Appropriating Federal Grant Funds and Transferring Previously Appropriated
Project Savings from the Harmony Bridge Project into the Capital Project Fund for the Harmony
Road and Union Pacific Safety and Maintenance Project, and encouraged collaboration between
the City’s enhanced travel corridors.
Citizen Participation Follow-up
Karen Cumbo, Planning, Development, and Transportation Director, stated Planning and Zoning
Board documents, including staff reports, should be available on-line soon. The current projects list
is being addressed as well.
City Manager Atteberry stated the Corporation Separation Movement item is scheduled for October
2, 2012. He stated the second round of mosquito spraying will occur around dusk this evening,
unless Council opts to change that.
Councilmember Horak asked about the timing of the spraying so as to not interfere with community
events. Mike Calhoon, Parks Supervisor, replied the 8:00 p.m. spraying time was selected because
that is when mosquitos are most active. He stated spraying is scheduled around several community
events, and the delayed spraying is being announced at several of those events. He is unaware of
any GPS applications for trucks which would allow individuals to track the progress of the trucks.
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September 4, 2012
Councilmember Kottwitz supported the decision to spray for mosquitos and asked if individuals can
opt out of the spraying program. City Manager Atteberry replied the only opt out would be for the
Pesticide Sensitive Registry participants.
Councilmember Kottwitz requested that staff follow up with Mr. Hirning.
CONSENT CALENDAR
6. .Second Reading of Ordinance No. 074, 2012, Appropriating Unanticipated Grant Revenue
in the Cultural Services and Facilities Fund for the Native American Graves Protection and
Repatriation Act Program.
The Fort Collins Museum of Discovery was awarded a grant in the amount of $57,522 from
the National Park Service, Native American Graves Protection and Repatriation Act
(NAGPRA) Program. This Ordinance, unanimously adopted on First Reading on August 21,
2012, appropriates these grant funds to complete the grant objectives.
7. Second Reading of Ordinance No. 076, 2012, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Vine Drive and Shields Street Intersection Improvements
Project.
The City has received a federally funded grant through the North Front Range Metropolitan
Planning Organization, category STP-Metro, for operational and safety improvements at the
Vine Drive and Shields Street intersection. Ordinance No. 076, 2012, unanimously adopted
on First Reading on August 21, 2012, appropriates federal grant funds and Regional Road
Impact Fee funds into the Capital Project Fund for use on the Vine Drive and Shields Street
Intersection Improvements Project.
8. Second Reading of Ordinance No. 077, 2012, Appropriating Federal Grant Funds and
Transferring Previously Appropriated Project Savings from the Harmony Bridge Project into
the Capital Project Fund for the Harmony Road and Union Pacific Safety and Maintenance
Project.
Phase One of the Harmony Road Maintenance Project is currently under construction. This
Project will provide congestion relief and rehabilitate the pavement on East Harmony Road
from College Avenue to Timberline Road by completing the following major work items:
turn lane construction, utility relocations, asphalt overlay, restriping and median
landscaping. Phase Two of the Project will consist of safety improvements and signal
maintenance at the Harmony Road and Union Pacific Railroad crossing in order to
accommodate a six-lane roadway, bike lanes and sidewalks. This Ordinance, unanimously
adopted on First Reading on August 21, 2012, appropriates federal grant funds and project
savings from the Harmony Bridge Project into the Capital Project Fund for this Project.
9. Postponement of Second Reading of Ordinance No. 078, 2012, Amending Article XII of
Chapter 23 of the City Code relating to Art in Public Places to October 2, 2012.
This Ordinance was unanimously adopted on First Reading on August 21, 2012. At that
time, Council provided direction to staff and the Art in Public Places (APP) Board to
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September 4, 2012
reexamine the modification included in the Ordinance that caps the total annual contribution
to APP from each Utility Fund (Water, Waste Water, Stormwater, and Light & Power) at
$100,000. Prior to Second Reading Council has requested that staff provide a more nuanced
approach to the cap, consider a possible escalator over time, explain the impacts to the rate
payer and the relationship of this modification to the overall Utility budget. Due to the APP
Board’s meeting schedule and additional time needed to provide the requested information,
staff and the APP Board plan request postponement if Second Reading to October 2, 2012.
10. Second Reading of Ordinance No. 079, 2012, Amending Certain Provisions of Chapter 23.5
of the City Code Relating to Special Events Permits.
This Ordinance, unanimously adopted on First Reading on August 21, 2012, amends Chapter
23.5 of the City Code. Chapter 23.5 authorizes Special Events and currently requires that all
permittees, including governmental entities, indemnify the City. This Code requirement has
proven very difficult from fellow governmental entities and recent discussion with peer
cities has indicated a willingness to no longer require governmental entities to indemnify.
11. Second Reading of Ordinance No. 080, 2012, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related
to the Mason Corridor Bus Rapid Transit Project.
Mason Corridor Bus Rapid Transit (MAX BRT) Project staff recently identified an
additional/new Temporary Construction Easement interest which is necessary to construct
the MAX BRT Project. As with prior acquisitions, City Council authorization for eminent
domain (if necessary) is the first step in the acquisitions process. As a federally funded
transportation project, acquisitions will conform to the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law
91-646). In accordance with this act, property owners must be informed about the possible
use of eminent domain and their rights pursuant to Colorado State Statute in the official
Notice-of-Interest Letter. Authorization from City Council is needed prior to sending this
information to property owners. This letter is the first official step in the acquisition process,
which must occur prior to the appraisals. Given the construction schedule for the Project and
the fact that acquisitions must be conducted under procedures for federally funded projects,
timely acquisition of the required property interests is necessary. This Ordinance,
unanimously adopted on First Reading, authorizes the use of eminent domain for the MAX
Project, if necessary, and only if good faith negotiations break down.
12. Second Reading of Ordinance No. 081, 2012, Declaring Certain City-Acquired Property as
Strauss Cabin Road and East Harmony Road Right-of-Way.
A land survey identified a strip of land that is improved as a road was not included in the
road dedication grant from the property owner. As a result, this strip of land was never in
the Larimer County Road Book and Larimer County had never identified this as a County
Road. Most of this strip, which is 750 feet long, is in the western half of Strauss Cabin Road
and a small portion is in East Harmony Road. City staff has now acquired all the property
rights for this strip from LaFarge West, Inc., the current owner of the adjacent property. The
City acquired the property, but it was not designated as right-of-way. This Ordinance,
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September 4, 2012
unanimously adopted on First Reading on August 21, 2012, dedicates this strip as right-of-
way.
13. Items Relating to the Kechter No. 1 Annexation and Zoning.
A. Second Reading of Ordinance No. 082, 2012, Annexing Property Known as the
Kechter Annexation No. 1.
B. Second Reading of Ordinance No. 083, 2012, Amending and Classifying for Zoning
Purposes the Property Included in the Kechter Annexation No. 1.
These Ordinances, unanimously adopted on First Reading on August 21, 2012, annex and
zone 0.31 acres located approximately 945 feet east of the intersection of South Timberline
Road and Kechter Road. The requested zoning for this annexation is the Low Density
Mixed-Use Neighborhood District (L-M-N).
14. Items Relating to the Kechter No. 2 Annexation and Zoning.
A. Second Reading of Ordinance No. 084, 2012, Annexing Property Known as the
Kechter Annexation No. 2.
B. Second Reading of Ordinance No. 085, 2012, Amending and Classifying for Zoning
Purposes the Property Included in the Kechter Annexation No. 2.
These Ordinances, unanimously adopted on First Reading on August 21, 2012, annex and
zone 0.505 acreslocated approximately 925 feet east of the intersection of South Timberline
Road and Kechter Road. The requested zoning for this annexation is the Low Density
Mixed-Use Neighborhood District (L-M-N).
15. Items Relating to the Kechter No. 3 Annexation and Zoning.
A. Second Reading of Ordinance No. 086, 2012, Annexing Property Known as the
Kechter Annexation No. 3.
B. Second Reading of Ordinance No. 087, 2012, Amending and Classifying for Zoning
Purposes the Property Included in the Kechter Annexation No. 3.
These Ordinances, unanimously adopted on First Reading on August 21, 2012, annex and
zone 18.644 acres located approximately 900 feet east of the intersection of South
Timberline Road and Kechter Road. The requested zoning for this annexation is the Low
Density Mixed-Use Neighborhood District (L-M-N).
16. First Reading of Ordinance No. 091, 2012, Appropriating Unanticipated Grant Revenues in
the General Fund for the Restorative Justice Services and Appropriating Funds from the
Police Operating Budget.
A grant in the amount of $45,000 has been received from the Colorado Division of Criminal
Justice (DCJ) Juvenile Diversion fund the continued operation of Restorative Justice
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September 4, 2012
Services, which includes the RESTORE program for shoplifting offenses, and the
Restorative Justice Conferencing Program (RJCP) for all other offenses. Restorative Justice
is an alternative method of holding a young offender accountable by facilitating a meeting
with the offender, the victim/victim representative and members of the community to
determine the harm done by the crime, and how to repair the harm. By identifying and
repairing the harm caused by the crime, Criminal Justice Officials are optimistic that repeat
offenses by these youth will be reduced and the needs and concerns of the victims and
affected community will be addressed. A $7,440 cash match is required and will be met by
appropriating funds from the 2012 Police operating budget designated for Restorative Justice
Services. The total required match is 25%, so an additional $7,560 in-kind match is
designated from the Eighth Judicial Probation Department.
17. First Reading of Ordinance No. 098, 2012, Appropriating Additional Prior Year Reserves
in the Water Fund for Additional High Park Fire Remediation.
On August 21, City Council approved an emergency ordinance appropriating reserves from
the Water Fund to begin the soil stabilization efforts required to limit the impacts of the High
Park Fire on the Cache la Poudre watershed. That appropriation allowed work to begin on
the Hill Gulch, which had been identified as the most critical area comprising Phase 1 of the
effort for the whole 5,657 acres which will require aerial mulching and seeding per the Burn
Area Emergency Response (BAER) report. That work has begun and is anticipated to be
completed in 2 weeks, rather than the initial estimate of 4 weeks, allowing the next critical
area, Boyd Gulch, to be treated before October. This Ordinance seeks additional funds from
the Water Fund reserves to tackle the soil stabilization efforts in the Boyd Gulch and other
high-priority areas.
This Ordinance appropriates $2,000,000 from the Water Fund reserves so that additional
mitigation efforts can be completed in 2012.
18. First Reading of Ordinance No. 092, 2012, Amending Certain Provisions of the Land Use
Code to Afford Better Regulation of Multi-Family, High Density Housing Developments.
At City Council’s direction, the Community Development and Neighborhood Services
(CDNS) department analyzed what immediate measures Council could consider to help
mitigate adverse impacts of current and future multi-family housing in areas adjacent to
single family neighborhoods. Three measures were suggested for immediate adoption:
1. require Medium Density Mixed-Use Neighborhood (MMN) land use and
development standards for all multi-family projects, particularly outside the Transit-
Oriented Development (TOD) Overlay Zone.
2. modify the Neighborhood Commercial zone district to ensure a significant
commercial component.
3. require an operation, management and security study for larger multi-family
developments.
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September 4, 2012
19. First Reading of Ordinance No. 093, 2012, Amending Section 26-279 of the City Code to
Allow a Reduction for Calculated Evaporative Losses in Determining Wastewater Volume
for Existing Large Industrial Processes.
In 2010, Chapter 26 of the City Code was modified to establish an additional method of
determining wastewater volume as the basis for Wastewater Service fees. That Code
amendment allowed Utilities to recognize specific quantities of water consumed or
processed in manufacturing processes for the City’s industrial and large commercial
wastewater customers. Examples include cooling towers and other equipment or processes
where a measurable reduction in wastewater discharge can be determined and metered. The
reduction may apply to either a specified portion of the user’s facilities or the facility as a
whole.
This Ordinance will add an option to Section 26-279 of the City Code to allow for the use
of nationally accepted industry standards of calculation to recognize specific quantities of
water that are evaporated off as part of an industrial process and as a result are not
discharged to the wastewater system. The models would provide a quantifiable amount of
water which should not be included in the wastewater discharge volume which serves as the
basis for Wastewater Service fees in lieu of metering for existing structures. This adjustment
will be allowed only for large industrial customers, and metering will still be required for
newly constructed facilities.
20. First Reading of Ordinance No. 094, 2012, Designating the Schroeder House/Laurel
Apartments, 121 East Laurel, Street, as a Fort Collins Landmark Pursuant to Chapter 14 of
the City Code.
The owner of the property, Brian Beeghly, is initiating this request for Fort Collins
Landmark designation for the Schroeder Residence/Laurel Apartments at 121 East Laurel
Street. The property is eligible for designation as a Landmark under Designation Standards
2 and 3, for its association with significant persons and also for its architectural significance
to Fort Collins.
21. Items Relating to the Forney Annexation and Zoning.
A. Resolution 2012-083 Setting Forth Findings of Fact and Determinations Regarding
the Forney Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 095, 2012, Annexing the Property
Known as the Forney Annexation.
C. Hearing and First Reading of Ordinance No. 096, 2012, Amending and Classifying
for Zoning Purposes the Property Included in the Forney Annexation.
As the Owner and Applicant, Forney Industries has submitted a written petition requesting
the annexation of 23.16 acres located on the north side of LaPorte Avenue, approximately
1,280 feet east of North Taft Hill Road.
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September 4, 2012
The parcels to be annexed, all owned by Forney Industries, are currently located in Larimer
County’s I – Industrial Zoning District. The requested zoning for this annexation is the T -
Transition. The Transition District is intended for properties for which there are no specific
and immediate plans for development. The only permitted uses are those existing at the date
the property was placed into this District and no new development is allowed in the
Transition district. Forney Industries has indicated that it has no intent to further develop
at this time. The surrounding properties are currently zoned Low Density Mixed-Use
Neighborhood (LMN) in the City to the east and west; Neighborhood Conservation, Low
Density (NCL) in the City to the south and zoned I – Industrial in Larimer County to the
north.
22. First Reading of Ordinance No. 097, 2012, Authorizing the Conveyance of a Portion of a
Tract of Stormwater Utility Property to Coby S. Hughey and Linda C. Hughey.
In 1992, the final plat of Pheasant Ridge Estates dedicated Tract A to the City of Fort Collins
for the purpose of a detention basin. After the dedication, the developer certified to the City
that he could meet the required stormwater detention volumes without excavating and
grading the western most portion of Tract A (the portion adjacent to 1700 Westview Road.)
Due to the City’s change of use for this portion of Tract A, the adjacent property owners,
Coby and Linda Hughey, have expressed an interest to obtain the portion of Tract A that
abuts their property at 1700 Westview Road.
23. Public Hearing and Resolution 2012-084 Approving the Foothills Metropolitan District
Service Plan.
The new owner of Foothills Mall, Alberta Development, in partnership with Walton Street
Capital, proposes the formation of a Metropolitan District as allowed by Title 32 of the
Colorado Revised Statutes. The intent of the proposed Foothills Mall Metropolitan District
(the “District”) is to provide Public Improvements to the comprehensive redevelopment of
Foothills Mall. The primary purpose of the District will be to finance, construct, acquire,
own, operate and maintain those Public Improvements. This action establishes a preliminary
framework Service Plan. This framework limits the authorization of the District and is
specifically intended to allow ballot questions related to the formation and initial
organization of the District to occur at the November election.
24. Resolution 2012-089 Recognizing the City Park Time Capsule and Directing a Future City
Council to Open the Time Capsule on the Fourth of July 2112.
A time capsule containing items of historical significance pertaining to City Park’s 100th
Anniversary will be buried in front of the park entrance sign at Jackson Avenue and
Mulberry Street on September 16, 2012. This Resolution formalizes its burial and requests
that it be opened 100 years from now by a future City Council on the Fourth of July, 2112
with the media and community present.
25. Resolution 2012-086 Setting the Dates of the Public Hearings on the 2013 and 2014
Proposed City of Fort Collins Biennial Budget.
The City will be adopting a biennial budget for the years 2013 and 2014. The City Charter
requires that the City Council set a date for a public hearing on the proposed budget. This
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September 4, 2012
Resolution sets that hearing date for the Council meeting of September 18, 2012. In an
effort to receive further public input, this Resolution sets an additional hearing date for the
October 2, 2012, regular Council meeting
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Nelson.
6. Second Reading of Ordinance No. 074, 2012, Appropriating Unanticipated Grant Revenue
in the Cultural Services and Facilities Fund for the Native American Graves Protection and
Repatriation Act Program.
7. Second Reading of Ordinance No. 076, 2012, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Vine Drive and Shields Street Intersection Improvements
Project.
8. Second Reading of Ordinance No. 077, 2012, Appropriating Federal Grant Funds and
Transferring Previously Appropriated Project Savings from the Harmony Bridge Project into
the Capital Project Fund for the Harmony Road and Union Pacific Safety and Maintenance
Project.
10. Second Reading of Ordinance No. 079, 2012, Amending Certain Provisions of Chapter 23.5
of the City Code Relating to Special Events Permits.
11. Second Reading of Ordinance No. 080, 2012, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related
to the Mason Corridor Bus Rapid Transit Project.
12. Second Reading of Ordinance No. 081, 2012, Declaring Certain City-Acquired Property as
Strauss Cabin Road and East Harmony Road Right-of-Way.
13. Items Relating to the Kechter No. 1 Annexation and Zoning.
A. Second Reading of Ordinance No. 082, 2012, Annexing Property Known as the
Kechter Annexation No. 1.
B. Second Reading of Ordinance No. 083, 2012, Amending and Classifying for Zoning
Purposes the Property Included in the Kechter Annexation No. 1.
14.Items Relating to the Kechter No. 2 Annexation and Zoning.
A. Second Reading of Ordinance No. 084, 2012, Annexing Property Known as the
Kechter Annexation No. 2.
B. Second Reading of Ordinance No. 085, 2012, Amending and Classifying for Zoning
Purposes the Property Included in the Kechter Annexation No. 2.
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September 4, 2012
15.Items Relating to the Kechter No. 3 Annexation and Zoning.
A. Second Reading of Ordinance No. 086, 2012, Annexing Property Known as the
Kechter Annexation No. 3.
B. Second Reading of Ordinance No. 087, 2012, Amending and Classifying for Zoning
Purposes the Property Included in the Kechter Annexation No. 3.
Ordinances on First Reading were read by title by City Clerk Nelson.
16. First Reading of Ordinance No. 091, 2012, Appropriating Unanticipated Grant Revenues in
the General Fund for the Restorative Justice Services and Appropriating Funds from the
Police Operating Budget.
17. First Reading of Ordinance No. 098, 2012, Appropriating Additional Prior Year Reserves
in the Water Fund for Additional High Park Fire Remediation.
18. First Reading of Ordinance No. 092, 2012, Amending Certain Provisions of the Land Use
Code to Afford Better Regulation of Multi-Family, High Density Housing Developments.
19. First Reading of Ordinance No. 093, 2012, Amending Section 26-279 of the City Code to
Allow a Reduction for Calculated Evaporative Losses in Determining Wastewater Volume
for Existing Large Industrial Processes.
20. First Reading of Ordinance No. 094, 2012, Designating the Schroeder House/Laurel
Apartments, 121 East Laurel, Street, as a Fort Collins Landmark Pursuant to Chapter 14 of
the City Code.
21. Items Relating to the Forney Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 095, 2012, Annexing the Property
Known as the Forney Annexation.
C. Hearing and First Reading of Ordinance No. 096, 2012, Amending and Classifying
for Zoning Purposes the Property Included in the Forney Annexation.
22. First Reading of Ordinance No. 097, 2012, Authorizing the Conveyance of a Portion of a
Tract of Stormwater Utility Property to Coby S. Hughey and Linda C. Hughey.
30. Items Relating to the 2012 Downtown Development Authority-Related Financing Activities
B. First Reading of Ordinance No. 089, 2012, Authorizing the Establishment of a
Revolving Line of Credit to be Paid Solely with Downtown Development Authority
Tax Increment Funds for a Six Year Period in the Amount of up to One Million
Dollars Annually to Finance Downtown Development Authority Projects and
Programs in Accordance with the Downtown Development Authority Plan of
Development and Approving Related Documents.
10
September 4, 2012
D. First Reading of Ordinance No. 090, 2012, Appropriating Prior Year Reserves in the
Downtown Development Authority Fund, Funds Drawn from the 2012 City of Fort
Collins Revolving Line of Credit Established to Finance Downtown Development
Authority Projects and Programs and Funds for Debt Service on the Revolving Line
of Credit.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt all items
not withdrawn from the Consent Calendar. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw
and Horak. Nays: none.
THE MOTION CARRIED.
Councilmember Reports
Mayor Weitkunat announced the Fort Collins Historic Homes Tour. She expressed dismay over
Allegiant Airlines decision to discontinue service at the Fort Collins-Loveland Airport. She stated
the Airport would work diligently to find another provider.
Ordinance No. 092, 2012,
Amending Certain Provisions of the Land Use Code to Afford Better Regulation of
Multi-Family, High Density Housing Developments, adopted on First Reading
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
At City Council’s direction, the Community Development and Neighborhood Services (CDNS)
department analyzed what immediate measures Council could consider to help mitigate adverse
impacts of current and future multi-family housing in areas adjacent to single family neighborhoods.
Three measures were suggested for immediate adoption:
1. require Medium Density Mixed-Use Neighborhood (MMN) land use and development
standards for all multi-family projects, particularly outside the Transit-Oriented
Development (TOD) Overlay Zone.
2. modify the Neighborhood Commercial zone district to ensure a significant commercial
component.
3. require an operation, management and security study for larger multi-family developments.
BACKGROUND / DISCUSSION
City Council has reviewed options with staff during the July 24, 2012 and August 14, 2012 Work
Sessions in response to residents’ concerns about the increasingly adverse impacts of larger multi-
family developments near existing single family residential neighborhoods. Staff has proposed a
three (3) phase approach to addressing concerns (see the following tables). This Ordinance
implements Phase 1 of the three phase approach. Based on input received from City Council and
the Planning and Zoning Board, two modifications were made to the draft ordinances presented
during the work session. The first adds the operations, management and security plan as a submittal
requirement, strengthening compatiblity with existing neighborhoods and uses by addressing
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September 4, 2012
ongoing issues not directly related to the Land Use Code. The second removes the threshold of 50
units to “trigger” the operations, management and security requirement. Staff will then have
flexibility in reviewing operations, management and security requirements based on the
compatibility with existing neighborhoods and uses for any sized project on an as-needed basis.
Phase 1- proposed LUC “Immediate” changes:
Purpose: To strengthen compatibility to the existing neighborhoods.
• Require Division 4.6 (D2-D4) & (E) of the MMN (Land Use and Development) standards
to apply to all multi-family projects by incorporating those sections into the Land Use Code
(LUC) General Standards. In addition, a new provision would lower the threshold of the
number of buildings at which point the variety among repeated buildings would be required.
What this will accomplish: The intent of the MMN Zone District is to “function together
with surrounding low density neighborhoods (typically the LMN zone district)”. By bringing
these standards into the General Standards, all multi-family projects would need to comply
with the land use and development standards relating to density, mix of housing types, lot
pattern, parks, recreation and open space, block size and structure, minimum building
frontage, etc. The new provision to enhance variety among repeated buildings lowers the
threshold from five to three buildings that would require two distinctly different building
designs. Similarly the threshold is lowered from seven to five buildings that would require
three distinctly different building designs. Adding these requirements to the General
Development standards will increase “compatibility” to the single-family existing
neighborhoods on a city-wide basis.
Requirements that are specific to the TOD, however, will remain in place and not be
superseded by this new code section. The existing TOD standards are intended to encourage
land uses, densities and urban design along the Mason Corridor. The exempted standards
pertain to a required minimum mix of housing types, access to a central feature or gather
place and height and need not be duplicated. As with all multi-family development, projects
in the TOD must still comply with applicable neighborhood compatibility criteria in Section
3.5.1.
• Modify 4.23 (D)(2) in the Neighborhood Commercial Zone to restrict 100% secondary uses
such as residential development on land parcels of 5 acres or less, rather than the current
allowance of 10 acres or less.
What this will accomplish: This would place further emphasis that the NC zone is geared
toward providing neighborhood commercial services and not a multi-family zone.
• Add 4.6 (E)3 – Operations, Management and Security Study for Multi-Family Dwellings to
the LUC.
What this will accomplish: This will ensure that the development has an ongoing plan for
mitigating tenant activities that may not be tied directly to Land Use Code standards yet may
affect the surrounding neighborhoods that are available for review and comment during the
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September 4, 2012
development review process. For example, the plan would address such issues as after-
hours security, parking enforcement, landscaping upkeep and other aspects of local
management services. The original proposal included a minimum of 50 units in order to
“trigger” an operations plan. This requirement has been deleted based upon comments
received from the Council, the Planning and Zoning Board and the Land Use Code
Committee.
Table 1. July Work Session
Issues Process Follow-up
Source SHAP Parking Plan WCNP Update
NC Intensity vs. Density X
NC Mitigation of increased
density with parks X
NC
Evaluate cumulative
impacts of
development, including
traffic, noise, and
parking.
XX X
NC Compatibility and
buffering X
NC Parking overflow X
Staff
Community
Evaluate Prescriptive
Standards for 4+ per
unit development
X
Staff
Community
Define a variety of
multi- family housing
types, compatibility
X
NC = Neighborhood Coalition
SHAP = Student Housing Action Plan
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September 4, 2012
Table 2. August Work Session
SUMMARY OF OPTIONS AND TIMELINE TABLE
2012 Implementation
Phasing
(1,2,3) Timeline Issues
Suggested Methods for Addressing
Issues
LUC
Change SHAP
Parking
Plan
WCNP
Update
1 Aug. 14 -
Council work
session;
Aug. 16 -
Planning and
Zoning
Board;
Sept. 4 -
Ordinance
Compatibility:
MMN Standards
NC zone
Operating
Review T
2 Sept. 14 -
Planning and
Zoning Board
work session;
Sept. 20 -
P&Z hearing;
Oct. 9 -
Council work
session;
Nov. 6 or
Nov. 20 -
Ordinance
Intensity
Measure
TOD
Student Housing
T
3 Oct. 2 -
Council
considers
Parking Plan
Parking
overflow
T
2013 and Beyond
Implementation
3 Oct. 9 -
Council work
session
Traffic Options
Prospect*
3 Oct 23 -
September 4, 2012
FINANCIAL / ECONOMIC IMPACTS
There may be increased costs to multi-family developments that must comply with the amended
requirements for building design, mixed housing types and increased levels of compatibility
primarily outside the Transit-Oriented Development Overlay Zone.
BOARD / COMMISSION RECOMMENDATIONS
The Land Use Code changes have been introduced to the Planning and Zoning Board during its
August 16 meeting and will be considered for recommendation during a Special Hearing on
September 13, 2012. Minutes will be provided for Second Reading of the Ordinance.
PUBLIC OUTREACH
Numerous public outreach efforts were made through the Student Housing Action Plan process,
meetings with neighbors and Council work sessions. These changes reflect requests expressed
during these processes and other public hearing comments.”
Laurie Kadrich, Community Development Manager stated Council requested staff bring substantive
changes as soon as possible. She noted the Planning and Zoning Board has had an opportunity to
review the information. She stated the Ordinance would be further reviewed by the Board, and
necessary adjustments will be made prior to Second Reading.
Clint Skutchan, Fort Collins Board of Realtors Chief Executive Officer, expressed concern regarding
the express timing of the issue, though he did not necessarily oppose the Ordinance and noted it is
important this issue not be confused with the Student Housing Action Plan.
Joel Rovnak, 1308 Bennett Road, supported the Ordinance.
Wendy Wayker, Avery Park resident, supported the Ordinance.
Per Hogestad, 1601 Sheely Drive, supported the Ordinance.
Bill Fairbank, 1712 Clearview Court, supported the Ordinance.
Jeffrey Martin, Fort Collins Board of Realtors, noted multi-family housing is not student housing.
He stated the Board of Realtors has not fully reviewed the Ordinance and requested a postponement
of the First Reading to allow for review.
Sandra Quackenbush, 1308 Bennett Road, supported the Ordinance.
Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 092, 2012, on First Reading.
Councilmember Horak noted the express timing of the Ordinance occurred at Council’s request.
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September 4, 2012
Councilmember Kottwitz made a motion to postpone First Reading of Ordinance No. 092, 2012, for
additional public outreach and review by the Planning and Zoning Board. The motion was not
seconded.
Councilmember Kottwitz stated she would not support the motion due to process concerns.
Mayor Weitkunat stated she would support the motion as the expedited process allowed for the
avoidance of a moratorium.
Councilmember Horak suggested having “working draft” language available for public review.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw and Horak.
Nays: Kottwitz.
THE MOTION CARRIED.
Ordinance No. 093, 2012,
Amending Section 26-279 of the City Code to Allow a Reduction for
Calculated Evaporative Losses in Determining Wastewater
Volume for Existing Large Industrial Processes, adopted on First Reading
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
In 2010, Chapter 26 of the City Code was modified to establish an additional method of determining
wastewater volume as the basis for Wastewater Service fees. That Code amendment allowed
Utilities to recognize specific quantities of water consumed or processed in manufacturing processes
for the City’s industrial and large commercial wastewater customers. Examples include cooling
towers and other equipment or processes where a measurable reduction in wastewater discharge
can be determined and metered. The reduction may apply to either a specified portion of the user’s
facilities or the facility as a whole.
This Ordinance will add an option to Section 26-279 of the City Code to allow for the use of
nationally accepted industry standards of calculation to recognize specific quantities of water that
are evaporated off as part of an industrial process and as a result are not discharged to the
wastewater system. The models would provide a quantifiable amount of water which should not be
included in the wastewater discharge volume which serves as the basis for Wastewater Service fees
in lieu of metering for existing structures. This adjustment will be allowed only for large industrial
customers, and metering will still be required for newly constructed facilities.
BACKGROUND / DISCUSSION
Chapter 26 of the City Code establishes specific rates for all customer classifications, including
intermediate non-residential users and users with industrial discharge permits. Rates are based
upon water use, measured wastewater flows, or winter quarter use, whichever is applicable. From
a technical perspective, measurement of wastewater flow has proved to be difficult due to system
design and reliability of wastewater metering.
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September 4, 2012
The 2010 change to Chapter 26 of the City Code established an additional method of determining
wastewater volume as the basis for Wastewater Service fees. Because water use is the standard
basis for determining the charges, the alternative approach resulted in an adjustment for the
difference in water volume received and wastewater volume discharged. This alternative method
of determining wastewater discharge applies to commercial customers who have facility or
manufacturing processes that result in a significant difference between the volume of water
delivered and the volume of wastewater discharged, and excludes water used for landscape
irrigation. The 2010 Code change provided general guidelines for this specific type of adjustment.
With the Code amendment now proposed, the Wastewater Utility will be authorized to allow for a
calculated determination of evaporative losses for large industrial customers with existing facilities
for which installation of additional metering devices is not practical or cost-effective.
The following underlined language is proposed to be added to City Code in 26-279 to describe the
manner in which the nationally accepted American Society of Heating, Refrigerating and Air
Conditioning Engineer (ASHRAE) standards of calculation could be used as the basis for
wastewater charges:
c. for evaporative loss in a specific industrial process that was in
operation as of September 1, 2012, and that is served by a water
meter four (4) inches in size or greater, a method for calculating the
amount of evaporative loss may be used to reduce the customer’s
wastewater volume from the amount that would otherwise be
determined based upon water use, provided that such method must be
reasonably satisfactory to the Utilities Executive Director and must
be based on generally accepted methods determined to accurately
and reliably predict the rate and amount of such evaporative loss; or
A customer requesting an alternative calculation method based on ASHRAE standards and
guidelines and approved by the Utilities Executive Director to reflect the difference in water volume
received and wastewater volume discharged will be required to meet the following conditions:
• The reduction must be for a specific process for a structure existing prior to the date of this
Ordinance being adopted. It is not for the entire facility.
• The reduction must be metered in new construction or where possible in existing buildings.
• Customer must be on a service using a 4-inch meter or larger.
• Customer must be able to verify the accuracy of inputs to calculation model.
FINANCIAL / ECONOMIC IMPACTS
Staff anticipates that this City Code amendment may result in a significant reduction to Wastewater
Fund revenue over the next several years. The exact amount of the reduction is not quantifiable at
this time; however, it is estimated that it will be in the range of $500,000 to $1,500,000. One million
dollars represents 5% of the Wastewater Fund’s annual operating revenue. Staff has included
estimates of the effect of this change in the Budgeting For Outcomes (BFO) process and will make
recommendations on any required rate changes as a part of the budget and rate-setting work later
this year.
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September 4, 2012
This amendment will provide an additional method for quantifying wastewater discharge in a
specific commercial use as the basis for equitably allocating wastewater collection and treatment
costs to those commercial customers that meet the requirements of the program. It allows the
Utilities to adjust the basis for determining charges by metering or calculating discharge flows
rather than determining wastewater charges based on water volume delivered. The result is reduced
cost to the commercial customer that more closely matches with the amount of wastewater service
delivered. This has an economic benefit to the customer; however, it results in a reduction in
revenue to the Wastewater fund. It is anticipated that the change in cost allocation and the need to
restore this lost revenue will increase residential rates to some extent as the result of the shift in cost
allocation. Since this change is a result of customer feedback on how wastewater service charges
are determined, this amendment to City Code may support the ability of customers to influence
factors that directly impact their business. It may also support the positive business relationship
between these customers, Fort Collins Utilities and City government.
ENVIRONMENTAL IMPACTS
This proposed Code amendment does not create an additional environmental impact in that it does
not change the way water resources are used or impact the quality of wastewater discharge.
BOARD / COMMISSION RECOMMENDATION
The Water Board has not reviewed the change to Section 26-279 proposed in the Ordinance.
However, at its May 13, 2010 meeting, the Water Board voted unanimously to recommend Council
approve the 2010 Code revision.”
Councilmember Manvel requested a review of the item. Lance Smith, Utilities Strategic Financial
Planning Manager, replied this item, once fully implemented, could result in a reduction in revenues
of $500,000 to $1.5 million from the industrial rate class. He stated this is appropriate because this
change more accurately reflects the water being put back into the system. In the short term, this
revenue will be made up from reserves. A cost of service study in 2013 will be able to better
allocate the costs across all rate classes.
Councilmember Horak made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 093, 2012, on First Reading. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and Horak.
Nays: none.
THE MOTION CARRIED.
Items Relating to the 2012 Downtown Development
Authority-Related Financing Activities, Adopted on First Reading
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
A. Resolution 2012-081 Approving an Intergovernmental Agreement Between the City of Fort
Collins and the Fort Collins Downtown Development Authority Governing the Use of a Line
of Credit.
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September 4, 2012
B. First Reading of Ordinance No. 089, 2012, Authorizing the Establishment of a Revolving
Line of Credit to be Paid Solely with Downtown Development Authority Tax Increment
Funds for a Six Year Period in the Amount of up to One Million Dollars Annually to Finance
Downtown Development Authority Projects and Programs in Accordance with the
Downtown Development Authority Plan of Development and Approving Related Documents.
C. Resolution 2012-082 Approving an Intergovernmental Agreement Between the City of Fort
Collins and the Fort Collins Downtown Development Authority Regarding Funding of the
Museum of Discovery Project.
D. First Reading of Ordinance No. 090, 2012, Appropriating Prior Year Reserves in the
Downtown Development Authority Fund, Funds Drawn from the 2012 City of Fort Collins
Revolving Line of Credit Established to Finance Downtown Development Authority Projects
and Programs and Funds for Debt Service on the Revolving Line of Credit.
The Board of Directors of the Downtown Development Authority (DDA) believes it would be
financially beneficial for the DDA and the community as a whole for a revolving Line of Credit to
be established with a local bank for a six (6) year period. The Line of Credit will be used to finance
DDA projects and programs. Adoption of Resolution 2012-081 will approve the Intergovernmental
Agreement (IGA) regarding the establishment of the Line of Credit and governing the mechanics
of its use. Adoption of Ordinance No. 089, 2012 will authorize the establishment of the Line of
Credit and approve execution of the First National Bank documents.
The DDA Board of Directors has approved the sum of three million dollars ($3,000,000) as a grant
to the City of Fort Collins for a portion of the actual costs of construction of the Museum of
Discovery Project. Adoption of Resolution 2012-082 will approve the IGA expressing the terms of
the grant contribution.
Ordinance No. 090, 2012 will appropriate unanticipated revenue from interest earnings in the
amount of $191,032; from project savings in the amount of $331,113; funds appropriated but not
spent of $940,430; funds from the 2010 Bond Series that were not appropriated in the amount of
$500,000; and funds from the 2012 Revolving Line of Credit draw of up to $1,000,000 for a total
appropriation of $2,962,575. The DDA Board has authorized the expenditure on the various
projects and programs. This Ordinance also appropriates the debt service payment on the 2012
Line of Credit draw.
BACKGROUND / DISCUSSION
A. ESTABLISHMENT OF A LINE OF CREDIT
The Downtown Development Authority was created in 1981 with the purpose, according to State
statute, of planning and implementing projects and programs within the boundaries of the DDA.
The DDA and the City adopted a Plan of Development that specifies the projects and programs the
DDA would undertake. The primary means of financing DDA projects and programs is through the
use of property tax increment collected within the DDA boundaries. The Colorado Revised Statues
(C.R.S.) requires that the City incur some form of debt in order to finance such projects and
programs using property tax increment revenues collected to pay the debt service. The City, in
order to carry out the purposes of the State statute and the Plan of Development, on behalf of the
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September 4, 2012
DDA, has issued various notes and tax increment bonds. In 1983 the City issued a tax increment
bond anticipation note. The first issuance of tax increment bonds occurred in 1984 with subsequent
issuances through 2010.
The establishment of the Line of Credit with First National Bank meets the requirements of the
C.R.S. and the costs associated with such a line of credit are much lower than would be the case
with other types of traditional financing such as a bond. It is in the best interest of the DDA and the
City to reduce financing costs of DDA projects in order to preserve the maximum amount of
property tax increment revenues for DDA projects and activities within its boundaries.
• Resolution 2012-081 Approving an Intergovernmental Agreement Between the City of
Fort Collins and the Fort Collins Downtown Development Authority Governing the Use
of a Line of Credit.
This Resolution authorizes the Mayor to execute the IGA between the City and the DDA governing
the use of the line credit. The two entities desire to enter into the IGA in order to establish a line
of credit to finance certain DDA projects. The IGA defines the recommended required process steps
for implementation of the Line of Credit.
• Ordinance No. 089, 2012, Authorizing the Establishment of a Revolving Line of Credit for
a Six Year Period in the Amount of up to One Million Dollars Annually to Finance
Downtown Development Authority Projects and Programs in Accordance with the
Downtown Development Authority Plan of Development and Approving Related
Documents.
The Ordinance authorizes the Chief Financial Officer of the City to establish the Line of Credit and
to execute the Line of Credit documents.
B. MUSEUM OF DISCOVERY INTERGOVERNMENTAL AGREEMENT
The DDA Board of Directors has approved the sum of three million dollars ($3,000,000) as a grant
to the City for a portion of the actual costs of construction of the Museum of Discovery project.
• Resolution 2012-082 Approving an Intergovernmental Agreement Between the City of
Fort Collins and the Fort Collins Downtown Development Authority Regarding Funding
of the Museum of Discovery Project.
This Resolution authorizes the Mayor to execute the IGA between the City and the DDA regarding
the grant of funds for the Museum of Discovery. The two entities desire to enter into the IGA in
order to establish the annual contribution amounts and the terms of the agreement.
C. APPROPRIATIONS
In order to maximize the effectiveness of DDA bond proceeds and delay the cost of issuing bonds
or borrowing funds when capital is available, staff monitors sources of funds currently in reserves
and available for appropriation. These funds accumulate as a result of interest earnings and from
project savings when actual cost accounting at the end of the project is lower than the funds
committed at the start of a project. Additionally, reserves available for appropriation may become
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September 4, 2012
available when a project committed to by the DDA has been withdrawn by the project owner. The
DDA Board has also chosen to maximize the effectiveness of available funds by discontinuing
programs that were not being utilized.
DDA Board Approvals
Staff has provided summaries for the projects and programs approved for funding by the DDA
Board. All approvals by the DDA Board are made contingent upon City Council appropriation of
funds that fulfill the Authority’s commitment to projects. With the exception of those projects or
programs which are purely public in nature, no DDA expenditures will be made until projects are
completed and have met all DDA requirements for reimbursement including, but not limited to,
evidence of a letter of completion or certificate of occupancy from the City. The DDA Board has
reviewed, approved and is recommending to the City Council the total appropriation of $2,962,575
for expenditure on projects and programs that are in accordance with the DDA Plan of
Development, the Downtown Plan and the Downtown Strategic Plan.
• Ordinance No. 090, 2012, Appropriating Prior Year Reserves in the Downtown
Development Authority Fund, Funds Drawn from the 2012 City of Fort Collins Revolving
Line of Credit Established to Finance Downtown Development Authority Projects and
Programs and Funds for Debt Service on the Revolving Line of Credit.
Interest Earnings, Programs and Project Savings
Over the past year, proceeds from DDA tax increment financing that have not been spent have
accumulated interest earnings in the amount of $191,032 and are available for appropriation.
Project savings in the amount of $331,113 and funds not appropriated in the 2010 Bond Series
Issuance in the amount of $500,000 need to be appropriated for expenditure.
Bonds were issued in 2007, 2008 and 2010 and the resulting bond proceeds were appropriated for
projects and programs that subsequently did not require the full use of committed funds resulting
in $940,430 in savings. For example, some facade projects were withdrawn by the owner or the
DDA Board discontinued a program. These funds are now available for reappropriation.
Line of Credit and Debt Service Payment
Establishment of the revolving Line of Credit requires appropriation of the 2012 draw of up to
$1,000,000. The debt service payment for 2012 on the Line of Credit also needs to be appropriated.
The DDA debt service fund is projected to have sufficient revenue to meet the debt service payment
for 2012. The Intergovernmental Agreement between the City of Fort Collins and the DDA for the
Line of Credit specifically states that no draw shall be made by the City on the Line of Credit in
excess of available tax increment monies. The DDA Board will annually adopt a resolution
approving its budget and recommend to City Council the monies to be appropriated on the Line of
Credit.
FINANCIAL / ECONOMIC IMPACTS
To achieve success in revitalization and redevelopment of the Downtown district, DDA staff and
Board operate with attention to maintaining the fiscal viability and fiduciary stewardship of the
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organization. During 2012, the DDA staff and board has focused on finding the lowest cost of
capital to support projects and programs so that the maximum amount of capital can be invested
in projects or programs. With the Line of Credit financing tool, the DDA is able to decrease the cost
of capital for its current slate of projects and programs through a significant reduction in expenses
for interest, closing costs and transaction fees. The reduction in the cost of capital expenses ranges
from $828,700 to $1,252,200.
The DDA Board has authorized expenditure on the following projects or programs which will be
funded with this appropriation in the amount of $2,962,575:
Maintenance Obligations - $654,000
Old Town Square Second Interim Agreement (2012-2014) -- $192,000
Old Town Square - Safety and Operational Function (2012-2014) -- $30,00
DDA Warehouse - Utilities and Maintenance (2012-2014) -- $60,000
DDA Warehouse - Capital Reserve Fund (e.g., new roof) -- $25,000
Montezuma Fuller Alley, Old Firehouse Alley, West Myrtle Alley Enhancement Project (2012-2014)
-- $347,000
Existing Commitments - $1,843,627
2012 payment - Museum of Discovery (Proposed payments scheduled over 6 years) -- $750,000
137 Mathews Street - Tax Increment Facade Project -– up to $13,500
415 S Mason Street - Tax Increment Facade Project -– up to $65,000
Downtown River District Improvements - Jefferson Street Improvements -- $500,000
Lincoln Center Rent and Tech Grant for the 2012-2013 Season -– up to $165,827
River Corridor Improvements - Engines and Energy Conversion Lab – Grant –- up to $77,000
Penny Flats Building #3 - Tax Increment Facade Project –- up to $112,300
Penny Flats Building #4 - Tax Increment Facade Project –- up to $160,000
Other - $464,948
Closing Costs -- estimated at $15,000
Holiday Lights Partnership (2012 Season) -- up to $35,000
Facade Grant Program -- up to $75,000
Project Management Fee -- estimated at $339,948
BOARD / COMMISSION RECOMMENDATION
Council Finance
On April 16, 2012, DDA staff presented information to the City of Fort Collins Council Audit and
Finance Committee demonstrating the benefit of using a Line of Credit financing method for various
projects. Other than a request from Councilmember Manvel for a timeline of when money would
be due on each project, especially the Museum, there were no objections to moving forward with
the Line of Credit financing tool.
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DDA Board
At its regular meeting on June 19, 2012, the DDA Board of Directors adopted:
• Resolution 2011-02, recommending to the Fort Collins City Council the establishment of a
revolving Line of Credit with First National Bank of Omaha for a six (6) year period in the
amount of up to one million dollars annually and the approval of the Intergovernmental
Agreement governing the Line of Credit; and
• The Intergovernmental Agreement regarding the Grant of Funds for the Museum of
Discovery Project; and
• Resolution 2012-03 recommending to the Fort Collins City Council the appropriation of
$2,962,575 for expenditure on projects and programs, all in accordance with the Downtown
Development Authority Plan of Development.”
Matt Robenault, Downtown Development Authority Executive Director, stated these items would
establish a line of credit with a local bank for the Downtown Development Authority (DDA) and
appropriate funds to direct toward projects and programs approved by the Board of Directors. Mr.
Robenault reviewed the details of the items and the list of projects and programs.
Councilmember Horak asked why these options had not been used prior to now. Mr. Robenault
replied the suggestion was made from peer organizations and was determined to meet the criteria
for debt instrument under State statute.
Councilmember Horak asked Mike Beckstead, Chief Financial Officer if he is supportive of the
plan. Beckstead voiced his approval.
Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2012-081. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and Horak. Nays: none.
THE MOTION CARRIED.
Councilmember Manvel made a motion, seconded by Councilmember Horak, to adopt Ordinance
No. 089, 2012, on First Reading. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and Horak.
Nays: none.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Manvel, to adopt Resolution
2012-082.
Councilmember Horak commended the DDA on finding this financing tool.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and
Horak. Nays: none.
THE MOTION CARRIED.
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Councilmember Manvel made a motion, seconded by Councilmember Horak, to adopt Ordinance
No. 090, 2012, on First Reading. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and Horak.
Nays: none.
THE MOTION CARRIED.
Resolution 2012-085
Making Findings of Fact and Related Determinations Regarding the Appeal
of the June 25, 2012 Administrative Hearing Officer Approval
of the Legacy Senior Residences Project Development Plan, Adopted
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
On June 25, 2012, the City of Fort Collins Hearing Officer issued a written decision approving the
Legacy Senior Residences Project Development Plan with three Modifications of Standard. On July
9, Save the Poudre filed a Notice of Appeal, alleging the Hearing Officer failed to properly interpret
and apply the Land Use Code and considered evidence relevant to its findings that was substantially
false and grossly misleading.
On August 21, 2012, City Council voted 4-2 (Nays: Ohlson, Poppaw) that the Hearing Officer
conducted a fair hearing and upheld the Hearing Officer’s decision approving the Project
Development Plan and the three Modifications of Standard.
In order to finalize this appeal process, Council is required to adopt a Resolution making findings
of fact and finalizing its decision on the Appeal.
BACKGROUND / DISCUSSION
The Appellant’s Notice of Appeal was based on allegations that the Hearing Officer failed to
properly interpret and apply the Land Use Code and considered evidence relevant to its findings
that was substantially false and grossly misleading.
At the August 21, 2012 hearing on the matter, Council considered the testimony of the appellant,
the applicants, and City staff. After consideration of the record and discussion, City Council voted
4-2, determining that the Hearing Officer conducted a fair hearing and that the Land Use Code was
properly interpreted and applied in regards to the Modification to Section 4.17(D)(3)(c)(4) of the
Land Use Code and the Project Development Plan. Accordingly, the Council upheld the decision
of the Hearing Officer on June 25 and approved the Legacy Senior Residences Project Development
Plan with three Modifications of Standard. “
Councilmember Kottwitz expressed concern regarding the rushed nature of this project.
Mayor Pro Tem Ohlson agreed with Councilmember Kottwitz and stated Council should have taken
the responsibility to make the project better by sending the determination back to the Hearing
Officer for a new hearing.
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September 4, 2012
Councilmember Horak made a motion, seconded by Councilmember Kottwitz, to adopt Resolution
2012-085. Yeas: Weitkunat, Manvel, Kottwitz and Horak. Nays: Ohlson and Poppaw.
THE MOTION CARRIED.
Resolution 2012-087
Submitting a Council-initiated, Non-Binding Question Relating to the Possible
Construction of a Stadium on Colorado State University’s Main Campus to a Vote of the
Registered Electors of the City at a Special Municipal Election to Be Held on November 6,
2012, in Conjunction with the Larimer County General Election, Defeated
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
At its August 14, 2012 work session, three members of Council (Manvel, Poppaw, and Ohlson)
requested Council consideration of a Resolution putting a non-binding advisory question on the
ballot for the purpose of giving Fort Collins citizens an additional avenue for providing input on
the desirability of an on-campus stadium.
Pursuant to the City Charter, the Council may submit any question to the vote of the people at a
regular or special election in the same manner and with the same force and effect as is provided for
citizen-initiated measures. A special election has previously been called by the Council for
November 6, 2012 for the purpose of considering a citizen-initiated ordinance dealing with medical
marijuana businesses. The deadline to certify ballot language to the County for this election is
Friday, September 7.”
Mayor Weitkunat stated three members of Council requested Council consideration of a resolution
to place a non-binding advisory question on the November ballot for the purpose of giving Fort
Collins citizens the ability to provide input regarding the proposed on-campus stadium.
Chester McQueary, 613 Princeton Road, supported the placement of the item on the ballot in order
to allow citizens to provide input.
Ross Cunniff, 2267 Clydesdale, supported the placement of the item on the ballot in order to allow
citizens to provide input.
Dallas Williams, 913 Grouse Circle, asked where stadium parking will be located, who will fund
street clean-up, and how much cash CSU will have on hand should the pledging system fail.
Alex Harvey, Colorado State University student, supported the placement of the item on the ballot.
Hal Cochran, Fort Collins resident, opposed the construction of the stadium and stated there is no
downside to placing this item on the ballot.
Chris Marshall, 926 West Mountain, supported the placement of the item on the ballot and opposed
the proposed stadium.
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Bob Overbeck, Fort Collins resident, supported the placement of the item on the ballot.
Bob Vangermeersch, 4405 Upham, stated two CSU students in the audience were in support of the
referendum.
Dick Livingston, 608 West Laurel, expressed concern regarding residents on Lake Street, should the
stadium be approved. He stated his property value has dropped due to the University’s new
Engineering building.
Waydene Pixler, 841 Balsam Lane, supported the placement of the item on the ballot and noted CSU
was unable to sell out its game against the University of Colorado. She suggested students should
be shuttled to Hughes Stadium.
Mark DeGregorio, 105 South Sunset, supported the placement of the item on the ballot in order to
allow the democratic process to move forward. He questioned the City’s costs in terms of streets,
sewer, and water improvements.
Frank Johnson, Fort Collins resident, stated many riders in the Tour de Fat parade were opposed to
the proposed stadium and supported the placement of the item on the ballot.
Linda Vrooman, 912 Cheyenne Drive, supported the placement of the item on the ballot and noted
citizens may not have a voice on the topic but will have to live with the results.
Bill Jenkins, 710 Mathews Street, supported the placement of the item on the ballot in order to
provide a data point for University officials.
Anita Wright, 1215 Catalpa, opposed the proposed stadium and cited studies which have shown no
economic benefit from on-campus stadiums. She supported the placement of the item on the ballot.
Wendy Wayker, Avery Park resident, supported the placement of the item on the ballot.
Bruce Lockhart, 2500 East Harmony, opposed the proposed stadium.
Hunter Harms, Fort Collins resident, supported the proposed stadium and stated the decision on the
stadium will be made before the election.
Carl Patton, 619 Skysail Lane, supported the placement of the item on the ballot and opposed the
proposed stadium.
Sam Solt, 1304 Teakwood Drive, supported the proposed stadium and stated the decision on the
stadium will be made before the election.
Sandy Lemberg, 300 Remington, supported the placement of the item on the ballot.
David Bell, Fort Collins resident, discussed the negative impacts on traffic of Sun Devil Stadium
in Tempe, Arizona. He supported the placement of the item on the ballot.
Katherine Lindgren, 1513 Independence Road, supported the placement of the item on the ballot.
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Doug Brobst, 1625 Independence Road, asked for an audience show of hands to show those in favor
of placing the item on the ballot. He noted the CSU Board of Governors is not elected and this
referendum would be the only opportunity for a voice for citizens.
Andrew Warnock, 600 Monte Vista Avenue, noted the timing of the decision cannot be predicted
and supported the placement of the item on the ballot.
Eric Levine, Fort Collins resident, opposed the proposed stadium.
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2012-087.
Councilmember Manvel thanked the citizens who spoke regarding the issue. He noted there are
arguments on both sides of the issue and stated citizens requested an opportunity to vote. The
University should make its decision given as much information as possible and any kind of decision
made before the election would be a soft decision as the University would not have financial
information at that time. Councilmember Manvel stated Council should place the item on the ballot
as citizens have requested the ability to vote. He stated it is likely this stadium would have negative
financial impacts on both the University and the City.
Councilmember Kottwitz stated there is a cost to place the item on the ballot and questioned the
appropriateness of placing the item on a November ballot versus a City ballot. She stated CSU
should be responsible for gathering citizen input, not Council or the City. Councilmember Kottwitz
questioned whether or not a vote would provide an actual representation of citizen opinion and
stated this referendum would not be consistent with the City’s role in other partnerships and projects.
Councilmember Poppaw commended the citizens who spoke. She stated this referendum would
provide the opportunity to collect data without dangers or pitfalls.
Mayor Pro Tem Ohlson stated citizens feel helpless and this referendum will allow citizens to have
a voice and provide data to decision makers.
Councilmember Horak stated this is not the right time for this issue and stated Council’s
responsibility is to look at the possible impacts of an on-campus stadium. He stated there would
have been time for a citizen initiative to have been placed on the ballot. He stated the CSU Board
of Governors meeting, to be held October 4 and 5, will be the appropriate time for public input. He
stated this vote would not impact any decision.
Councilmember Manvel stated an overwhelming “no” vote from citizens would have an impact on
Dr. Frank and the Board of Governors, as well as on the possible donors to the project. He stated
Council represents the citizens who do want the item on the ballot.
Councilmember Horak stated this is a representative government and noted this issue could be voted
upon at a later date, should citizens get enough signatures for an initiative.
Councilmember Manvel stated an earlier vote would make a larger difference to the process.
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Mayor Weitkunat stated her decision has to do with jurisdictional issues and she respects the
University’s ability to make its decision. She stated the City should weigh in when the stadium
becomes reality. She stated she does not like the Council-initiated ballot language and noted citizens
could have initiated a ballot issue.
Councilmember Poppaw stated she also respects the University’s right to make a decision on the
issue, but added Council now has the opportunity to give the University another data point. She
expressed concern that the community is going to have to fund the additional infrastructure costs
and support services for the stadium and stated citizens should be able to weigh in on that issue as
well.
The vote on the motion was as follows: Yeas: Ohlson, Poppaw and Manvel. Nays: Weitkunat,
Horak and Kottwitz.
THE MOTION FAILED TO PASS.
(Secretary’s note: Deputy City Attorney Paul Eckman took over for Deputy City Attorney Carrie
Daggett at this point in the meeting.)
Resolution 2012-088
Approving an Agreement Between the City and Forney
Industries to Provide Business Investment Assistance, Adopted
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
This Resolution considers a Business Investment Agreement between the City of Fort Collins and
Forney Industries, Inc. (Forney). Forney is considering expanding operations at its facility located
at 1830 LaPorte Avenue, which is currently located in Larimer County. Forney has an 80-year
relationship with the City and currently employs 120 people at the LaPorte site and 203 in the
Northern Colorado area. In 2011, Forney grew by 13.5% and made a $4.2 million investment in
infrastructure that resulted in eight new jobs. An additional investment of $750,000 is anticipated
for 2012 and 2013, which includes an expansion of its operations on 1830 LaPorte Avenue. This
expansion would add six professional jobs and approximately twelve hourly employees.
Accommodating the expansion requires Forney to tap into the City’s sewer system and,
consequently, annex into the City. Annexation exposes Forney to additional business costs in terms
of sales and use tax, and the City has been asked to develop a business assistance package to
mitigate some of the initial increases and offset costs associated with connecting to the sewer
system. The business assistance package presented includes three components: (1) a three-year
sales tax rebate of the non-dedicated portion of sales tax (2.25%), which amounts to approximately
$15,000 per year, for a total incentive of $45,000; (2) a personal property tax rebate equal to half
the personal property taxes upon annexation representing a value of $399 per year, or $3,990 over
a 10-year period; and (3) a real property tax rebate on the real property taxes due upon annexation
the rebate representing a value of $2,672 per year, or $26,720 over a 10-year period. The City of
Fort Collins’ Business Investment Agreement requires Forney Industries, Inc. to annex into the city
limits before providing assistance. The investments proposed relate to revenues the City would not
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otherwise collect if the annexation does not occur within the City. City Council is being asked to
consider the proposed assistance package valued at approximately $75,710.
BACKGROUND / DISCUSSION
In June 2012, the City of Fort Collins adopted the new Economic Health Strategic Plan (EHSP) as
a continuous evolution of the previous economic planning efforts. The Strengths, Weaknesses,
Opportunities, and Threats (SWOT) analysis conducted in the EHSP evaluated the economic,
demographic, and workforce characteristics on a local, state/region, and national/international
level. The EHSP SWOT analysis acknowledged skills mismatch as a concern voiced by regional
manufacturers. Forty-one percent of the population in the Fort Collins Metropolitan Statistical
Area age 25 or older have a bachelor’s degree or higher. However, close to two-thirds of the jobs
require only on-the-job training or prior experience. The skills mismatch creates both opportunities
and challenges for the City. Bringing the skills of residents and the talent requirements of
employers into balance can greatly benefit the city. It enhances local employers’ ability to fill open
positions with local talent. It also creates an opportunity to move under-employed people into better
jobs and to move unemployed people into the jobs those under-employed currently occupy.
The new EHSP has identified four goals as the pillar of the plan:
• Facilitate a stronger support network for existing employers, new businesses, and small
business;
• Enhance the innovation ecosystem and the economy that supports companies at all stages
and aligns with City goals;
• Create a system for talent development, retention and recruitment that responds to and
anticipates employers’ needs;
• Develop community assets and infrastructure necessary to support the region’s employers
and talent.
This Resolution addresses the Economic Health Office’s goal of facilitating a stronger business
support network for existing employers, new businesses, and small business. Strengthening the
support network for businesses in Fort Collins is the first objective of the Plan. This recognizes that
the existing employers and small businesses are the backbone of Fort Collins. The Economic Health
Office believes that this resolution is a sound move in strengthening
the support network, and diversifying the employment and tax base of the community. In addition,
the EHSP acknowledges the economic and community impact of a primary employer closing or
relocating out of the City of Fort Collins, a distinct possibility for Forney.
COMPANY BACKGROUND
Forney Industries, Inc. has been established in the community for 80 years, beginning in 1932.
Forney Industries is a distribution/light manufacturing center that distributes Forney labeled goods
such as auto generators, battery chargers, electric welders, and welding supplies. In addition to
its distribution center, Forney Industries acts as a third-party replenishment supplier. In 2011,
Forney Industries purchased a new warehouse and distribution facility in the Fort Collins area.
Forney currently employs 120 people at the LaPorte site and plans to add 6 professional jobs and
12 hourly employees (estimated average annual wage per employee is $49,000) within the next three
years.
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BUSINESS ASSISTANCE
The Economic Health Office does not use a “one size fits all” approach when it comes to business
assistance packages. The request for tax incentives involves a multi-step process. After initial
contact/request and investigation, the Economic Health Office drafts a package based on detailed
information from the company in regard to estimated costs for expansion and/or relocation,
estimated new jobs, etc. After development of the business assistance package, the Economic Health
Director and staff presents the information to the Economic Advisory Committee and the Council
Finance Committee for their feedback and recommendations. After feedback and recommendations
from these committees, the Business Assistance Package is presented to City Council for its
consideration.
The Business Assistance Package being offered to Forney Industries is consistent with both the
EHSP and the City Council directives:
• The proposed Business Investment Agreement rebates sales tax revenues (non-dedicated
sales tax collections of 2.25%; dedicated sales tax such as Keep Fort Collins Great will not
be rebated) to offset the cost of connecting to sanitation sewer and lessening the burden of
increased costs for sales tax due after annexation.
• The EHSP clearly identifies business retention and expansion as a principal goal for the
City’s job creation efforts over business attraction; the proposed expansion supports this
goal.
PROJECT OVERVIEW
Forney Industries, Inc. plan for expansion would necessitate tapping into the City of Fort Collins’
sewer system, thus triggering annexation. Due to the nature of annexation, Forney Industries will
become subject to additional tax burdens once within City limits. The City of Fort Collins Sales Tax
Department estimates annual sales tax increase of approximately $24,000 upon annexation. Cost
of annexation and expansion will cost Forney approximately $75,500 the first year and
approximately $38,500 thereafter (Attachment 1). The Economic Health Office is proposing a
performance-based package valued at $75,710. It should be noted that the sales tax rebate does not
include any dedicated sales tax collections such as Keep Fort Collins Great. In addition, it will be
Forney Industries’ responsibility to collect and submit sales tax receipts from actual purchases in
order to receive this assistance. The package includes the following items shown in Table 1.
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Table 1:
Forney Business Assistance Package
Annexation
Annual Total
On-Going Investments Duration
Personal Property Tax Rebate 10 years $ 399 $ 3,990
Real Property Tax Rebate 10 years $ 2,672 $26,720
Sales Tax Rebate 3 years $15,000 $45,000
Total On-Going $18,071 $75,710
Source: City of Fort Collins - Economic Health
FINANCIAL / ECONOMIC IMPACTS
The environmental impact of Forney’s annexation will have significant environmental implication
to the City of Fort Collins. In 2006, the City of Fort Collins conducted the Northwest Subarea Plan.
The plan identified two areas where drainage and flooding occur: 1) the West Vine Basin and 2) the
Poudre River Basin. Forney’s land is located within the identified West Vine Basin, which floods
periodically along Soldier Creek due to inadequate storm water outlets.
Currently, Forney’s sewer drains into a leech field. If a septic system is properly designed and
operated, a leech field system is safe. However, leech field septic systems only have an average
useful life of 20 – 30 years and can become problematic for industrial type usage (such as
accidental flow of non-sanitary waste, stress on the system, etc.). The Larimer County
Environmental Health Department supports Forney Industries utilization of the City’s sewer system.
The annexation will allow for a cleaner, safer disposal of all waste to reduce negative effects to the
soil and groundwater properties.
BOARD / COMMISSION RECOMMENDATION
On August 15, 2012, the Economic Advisory Commission was presented information in regard to
the Forney Business Assistance Package. The Economic Advisory Commission voted 7-1 in favor
of the Business Assistance Package.
In addition, on August 20, 2012, the Council Finance Committee were provided information in
regard to the Forney Business Assistance Package and were in favor of moving Resolution 2012-088
forward.”
Josh Birks, Economic Health Director, discussed the history and employment history of Forney in
the community. He discussed the reasons for Forney seeking annexation, and the costs associated
with that annexation, and noted the costs to the City of the annexation are recovered through the fees
to be paid by Forney. The business assistance package includes a sales tax rebate, to be capped at
$15,000 annually for three years, a personal property tax rebate, to be capped at $399 annually for
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ten years, and a real property tax rebate. Birks noted this is a retention and expansion project
targeted specifically to alleviate Forney’s annexation costs.
Ross Cunniff, 2267 Clydesdale, supported the business assistance package.
Mayor Pro Tem Ohlson supported the business assistance package, but expressed concern regarding
the use of the term “performance based.” Birks replied the performance aspects in this case are
annexation and connection to the City sewer system. He agreed the process regarding the definition
of “performance based” needs to be formalized and a framework for these types of incentives needs
to be created. He stated research has begun and a work session has been scheduled for February
regarding the issue.
Mayor Pro Tem Ohlson supported Forney’s request.
Councilmember Horak made a motion, seconded by Councilmember Manvel, to adopt Resolution
2012-088.
Councilmember Manvel commended the framework of the package and stated he would support the
motion.
Mayor Weitkunat commended Forney and the City’s assistance in this manner.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and
Horak. Nays: none.
THE MOTION CARRIED.
Ordinance No. 080, 2012,
Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands
Necessary to Construct Public Improvements Related to the
Mason Corridor Bus Rapid Transit Project, adopted on Second Reading
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
Mason Corridor Bus Rapid Transit (MAX BRT) Project staff recently identified an additional/new
Temporary Construction Easement interest which is necessary to construct the MAX BRT Project.
As with prior acquisitions, City Council authorization for eminent domain (if necessary) is the first
step in the acquisitions process. As a federally funded transportation project, acquisitions will
conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions
Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property
owners must be informed about the possible use of eminent domain and their rights pursuant to
Colorado State Statute in the official Notice-of-Interest Letter. Authorization from City Council is
needed prior to sending this information to property owners. This letter is the first official step in
the acquisition process, which must occur prior to the appraisals. Given the construction schedule
for the Project and the fact that acquisitions must be conducted under procedures for federally
funded projects, timely acquisition of the required property interests is necessary. This Ordinance,
32
September 4, 2012
unanimously adopted on First Reading, authorizes the use of eminent domain for the MAX Project,
if necessary, and only if good faith negotiations break down.”
Bruce Lockhart, 2500 East Harmony, asked when citizens would be given the opportunity to vote
on the MAX project and stated the project is out of control.
City Manager Atteberry stated the project is not going to a vote and is well under construction.
Councilmember Horak made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 080, 2012, on Second Reading. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and
Horak. Nays: none.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 9:40 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
33
DATE: September 18, 2012
STAFF: Lindsay Ex
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 7
SUBJECT
Items Relating to the Wood Street Annexation and Zoning.
A. Second Reading of Ordinance No. 052, 2012, Annexing Property Known as the Wood Street Annexation to
the City of Fort Collins.
B. Second Reading of Ordinance No. 053, 2012, Amending the Zoning Map of the City of Fort Collins and
Classifying for Zoning Purposes the Property Included in the Wood Street Annexation to the City of Fort
Collins.
EXECUTIVE SUMMARY
These Ordinances, unanimously adopted on First Reading on June 5, 2012, annex and zone 17.3443 acres located
on the east side of Wood Street, approximately 1,320 feet east of North Shields Street. The property is developed and
is in the O - Open District in Larimer County. The requested zoning for this annexation is UE – Urban Estate. The
surrounding properties are currently zoned O – Open in Larimer County to the south and west, as well as E –
Employment in the City to the west (City of Fort Collins Fleet Services Building), and POL – Public Open Lands in the
City (Lee Martinez Park and McMurry Natural Area) to the east and north. This is a 100% voluntary annexation.
Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment
will be necessary as this property is not already in the District.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - June 5, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: June 5, 2012
STAFF: Lindsay Ex
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 16
SUBJECT
Items Relating to the Wood Street Annexation and Zoning.
A. Resolution 2012-039 Setting Forth Findings of Fact and Determinations Regarding the Wood Street
Annexation.
B. Hearing and First Reading of Ordinance No. 052, 2012, Annexing Property Known as the Wood Street
Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 053, 2012, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Wood Street Annexation to the City of Fort
Collins.
EXECUTIVE SUMMARY
This is a request to annex and zone 17.3443 acres located on the east side of Wood Street, approximately 1,320 feet
east of North Shields Street. The property is developed and is in the O - Open District in Larimer County. The
requested zoning for this annexation is UE – Urban Estate. The surrounding properties are currently zoned O – Open
in Larimer County to the south and west, as well as E – Employment in the City to the west (City of Fort Collins Fleet
Services Building), and POL – Public Open Lands in the City (Lee Martinez Park and McMurry Natural Area) to the
east and north. This is a 100% voluntary annexation.
Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment
will be necessary as this property is not already in the District.
BACKGROUND / DISCUSSION
The property owner, Sidehill Investment LLC, has submitted a written petition requesting annexation of 17.3443 acres
located on the east side of Wood Street, approximately 1,320 feet east of North Shields Street. The property is
developed and is in the O - Open District in Larimer County. The requested zoning for this annexation is UE – Urban
Estate. The surrounding properties are currently zoned O – Open in the Larimer County to the south and west, as well
as E – Employment in the City to the west (City of Fort Collins Fleet Services Building), and POL – Public Open Lands
in the City (Lee Martinez Park and McMurry Natural Area) to the east and north. This is a 100% voluntary annexation.
The property is located within the Fort Collins Growth Management Area (GMA). According to policies and
agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for
the Fort Collins Growth Management Area, the City will agree to consider annexation of property in the GMA when
the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, the Larimer County and City of Fort Collins
Intergovernmental Agreements, and the City of Fort Collins Land Use Code.
The only known issue with this annexation is the previously expressed concern by community members and one
Councilmember with the LOMR-Fill (Letter of Map Revision-Fill) process that occurred while the property is still in
the County. While the floodplain regulations for the Poudre River Basin generally match across the City and the
County, the City conditions its approval of LOMR-Fill applications in a way that the County does not. In this
instance, the LOMR-Fill was approved by the County and portions of the site have been removed from the
floodplain prior to annexation. Remaining portions of the site that are in the floodplain will be required to comply
with the City’s floodplain regulations.
COPY
COPY
COPY
COPY
June 5, 2012 -2- ITEM 16
City limits from a common boundary with the McMurry Natural Area (December 2010) to the north, thus satisfying the
requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary.
The surrounding zoning and land uses are as follows:
N: POL in the City of Fort Collins: McMurry Natural Area
E: POL in the City of Fort Collins: Lee Martinez Park
S: O in Larimer County: existing residential
W: O in Larimer County: existing residential and horse stables
E in the City of Fort Collins: City of Fort Collins Fleet Services
The requested zoning for this annexation is the UE – Urban Estate Zoning District. There are numerous uses
permitted in this District, subject to either administrative review or review by the Planning and Zoning Board. The City’s
Structure Plan Map and Northwest Subarea Plan provide guidance that the subject 17.3443 acres should be zoned
Urban Estate (U-E). In the Structure Plan, the subject property is designated as “Open Lands, Parks, and Water
Corridors.” As noted in City Plan, “Open Lands, Parks, and Water Corridors are not intended to be parcel-specific
designations, but rather general designations that follow major drainageways and other wildlife and water corridors”
(page 96). Thus, the Structure Plan and City Plan suggest development in these areas should emphasize and
acknowledge the influence and value of the river in any proposed development.
The Northwest Subarea Plan (adopted in 2006) outlines that the subject property should be zoned Urban Estate (U-E)
and further suggests that residential development on the subject property should be clustered (see the Framework
Plan Map on page 12 of the Plan and Attachment 5 to this document). Thus, based on the guidance provided by the
Structure Plan, City Plan, and the Northwest Subarea Plan, it is staff’s finding that this property should be zoned U-E.
Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment
will be necessary as this property is not already in the District. The “Residential Neighborhood Sign District” was
established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the City which
may be particularly affected by such signs because of their predominantly residential use and character.
Findings:
1. The annexation of this area is consistent with the policies and agreements between Larimer County and the
City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth Management
Area.
2. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to
the City of Fort Collins.
3. On May 1, 2012, the City Council adopted Resolution 2012-030 that accepted the annexation petition and
determined that the petition was in compliance with State law. The Resolution also initiated the annexation
process for the property by establishing the date, time and place when a public hearing would be held
regarding the readings of the Ordinances annexing and zoning the area.
4. The requested UE - Urban Estate Zoning District is in conformance with the policies of the City's
Comprehensive Plan.
5. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code.
FINANCIAL / ECONOMIC IMPACTS
No direct financial impacts result from the proposed annexation and zoning. The property is developed at the present
time, containing a mobile home park, although the majority of the mobile home park residents have relocated away
from the site.
COPY
COPY
COPY
COPY
June 5, 2012 -3- ITEM 16
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading and the Resolution.
BOARD / COMMISSION RECOMMENDATION
At its May 17, 2012 meeting, the Planning and Zoning Board conducted a public hearing regarding the annexation and
zoning request on May 17, 2012 and voted 6-0 to recommend approval of the annexation. The Board voted 6-0 to
recommend that the property be placed in the Urban Estate Zone District and in the Residential Neighborhood Sign
District.
The Board also suggested that staff investigate Code modifications addressing the need for properties removed from
the floodplain, based on a LOMR-Fill process, to still be subject to the City’s regulations. City Floodplain staff has
investigated this suggestion and is prepared to bring Ordinance language addressing this issue to Council at its
request.
The minutes from the May 17, 2012 Planning and Zoning Board Hearing are attached.
PUBLIC OUTREACH
Future Development – 912 Wood Street
A conceptual review for the property at 912 Wood Street was held on January 9, 2012; Sidehill Investment LLC has
indicated the desire to develop single-family residential dwelling units on the property. The City’s Structure Plan Map
and Northwest Subarea Plan provide guidance that the subject 17.3443 acres should be zoned Urban Estate (U-E).
The Northwest Subarea Plan further suggests that residential development on the subject property should be clustered
(see the Framework Plan Map on page 12 of the Plan).
Single-family residential units are a permitted use in the U-E Zone. Consistent with the Northwest Subarea Plan, the
applicants are proposing to cluster the residential units, which is a use that is subject to review by the Planning and
Zoning Board. When clustering residential units in the U-E Zone, a minimum of 50% of open space must be
preserved. A development review outreach meeting for this project has not been scheduled at this time, but is
anticipated as the project moves forward.
ATTACHMENTS
1. Vicinity Map
2. City Zoning Map
3. City Structure Plan Map
4. Annexation Map
5. Northwest Subarea Plan Land Use Framework Map
6. Planning and Zoning Board minutes, May 17, 2012
ORDINANCE NO. 052, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
WOOD STREET ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2012-030, finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the City Council; and
WHEREAS, the City Council hereby finds and determines that it is in the best interests of
the City to annex said area to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE
69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE WEST LINE OF SAID SOUTHWEST
QUARTER, WHICH IS ASSUMED BEAR S 00°04’30” E. SAID WEST LINE IS MONUMENTED
ON THE NORTH END BY A 2.5” ILLEGIBLE ALUMINUM CAP IN A RANGE BOX AND ON
THE SOUTH END BY A 3.5” BRASS CAP MARKED “BRADFORD” IN A RANGE BOX.
BEGINNING AT THE SOUTHWEST ONE-SIXTEENTH CORNER OF SAID SECTION 2, FROM
WHICH THE WEST QUARTER CORNER OF SAID SECTION TWO BEARS S 89°58’24” WEST,
A DISTANCE OF 1323.93 FEET AND AGAIN N 00°04’30” W, A DISTANCE OF 1326.78 FEET;
THENCE N 00°04'07" W, ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 291.09 FEET, TO THE SOUTHERLY LINE OF THE MCMURRY
NATURAL AREA ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ON SAID SOUTHERLY LINE THE FOLLOWING THIRTEEN (13) COURSES:
1) THENCE N 88°03'51" E, A DISTANCE OF 170.61 FEET;
2) THENCE S 84°28'21" E, A DISTANCE OF 208.68 FEET;
3) THENCE S 67°34'38" E, A DISTANCE OF 201.58 FEET;
4) THENCE S 77°39'28" E, A DISTANCE OF 43.58 FEET;
5) THENCE S 65°58'00" E, A DISTANCE OF 79.32 FEET;
6) THENCE N 65°35'00" E, A DISTANCE OF 26.86 FEET;
7) THENCE S 77°39'28" E, A DISTANCE OF 30.31 FEET;
8) THENCE N 68°32'47" E, A DISTANCE OF 192.35 FEET;
9) THENCE N 84°06'06" E, A DISTANCE OF 164.90 FEET;
10) THENCE S 69°42'00" E, A DISTANCE OF 35.87 FEET;
11) THENCE S 63°52'00" E, A DISTANCE OF 165.62 FEET;
12) THENCE S 53°38'18" E, A DISTANCE OF 13.97 FEET;
13) THENCE S 23°54'48" E, A DISTANCE OF 133.15 FEET, TO THE EAST LINE OF THE
EAST HALF OF SAID SOUTHWEST QUARTER, AND THE WEST LINE OF THE
ORIGINAL TOWN OF FORT COLLINS PLAT;
THENCE S 00°03'45" E, ON SAID WEST LINE, A DISTANCE OF 375.10 FEET, TO A POINT ON
THE NORTH LINE OF THE SOUTH 30 ACRES OF THE EAST HALF OF SAID SOUTHWEST
QUARTER;
THENCE S 89°58'24" W, ON SAID NORTH LINE, A DISTANCE OF 1276.16 FEET, TO THE
EASTERLY LINE OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT
COLLINS;
THENCE ON SAID EASTERLY LINE THE FOLLOWING THREE (3) COURSES:
1) THENCE N 00°01'08" E, A DISTANCE OF 3.20 FEET;
2) THENCE N 89°58'52" W, A DISTANCE OF 50.00 FEET;
3) THENCE N 00°01'08" E, A DISTANCE OF 276.00 FEET, TO THE NORTHEAST
CORNER OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT
COLLINS;
THENCE S 89°58'52" E, ON THE EASTERLY EXTENSION OF THE NORTH LINE OF THE
SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT COLLINS, A DISTANCE OF
1.84 FEET, TO A POINT ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST
QUARTER;
THENCE N 00°04'07" W, ON SAID WEST LINE, A DISTANCE OF 61.71 FEET TO THE POINT
OF BEGINNING.
CONTAINING AN AREA OF 17.3443 ACRES OR 755,516 SQUARE FEET.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Wood
Street Annexation, which annexation shall become effective upon completion of the conditions
contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for
recording with the Larimer County Clerk and Recorder.
Section 2. That, in annexing said property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines,
streets or any other services or utilities in connection with the property hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 5th day of June,
A.D. 2012, and to be presented for final passage on the 17th day of July, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
-2-
Passed and adopted on final reading on the 17th day of July, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-3-
ORDINANCE NO. 053, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE WOOD STREET ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS, in accordance with the foregoing, the City Council has considered the zoning
of the property which is the subject of this ordinance, and has determined that said property should
be zoned as hereafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section
1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including
the property known as the Wood Street Annexation to the City of Fort Collins, Colorado, in the
Urban Estate (“U-E”) Zone District, which property is more particularly described as situate in the
County of Larimer, State of Colorado, to wit:
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE
69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE WEST LINE OF SAID SOUTHWEST
QUARTER, WHICH IS ASSUMED BEAR S 00°04’30” E. SAID WEST LINE IS MONUMENTED
ON THE NORTH END BY A 2.5” ILLEGIBLE ALUMINUM CAP IN A RANGE BOX AND ON
THE SOUTH END BY A 3.5” BRASS CAP MARKED “BRADFORD” IN A RANGE BOX.
BEGINNING AT THE SOUTHWEST ONE-SIXTEENTH CORNER OF SAID SECTION 2, FROM
WHICH THE WEST QUARTER CORNER OF SAID SECTION TWO BEARS S 89°58’24” WEST,
A DISTANCE OF 1323.93 FEET AND AGAIN N 00°04’30” W, A DISTANCE OF 1326.78 FEET;
THENCE N 00°04'07" W, ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 291.09 FEET, TO THE SOUTHERLY LINE OF THE MCMURRY
NATURAL AREA ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ON SAID SOUTHERLY LINE THE FOLLOWING THIRTEEN (13) COURSES:
1) THENCE N 88°03'51" E, A DISTANCE OF 170.61 FEET;
2) THENCE S 84°28'21" E, A DISTANCE OF 208.68 FEET;
3) THENCE S 67°34'38" E, A DISTANCE OF 201.58 FEET;
4) THENCE S 77°39'28" E, A DISTANCE OF 43.58 FEET;
5) THENCE S 65°58'00" E, A DISTANCE OF 79.32 FEET;
6) THENCE N 65°35'00" E, A DISTANCE OF 26.86 FEET;
7) THENCE S 77°39'28" E, A DISTANCE OF 30.31 FEET;
8) THENCE N 68°32'47" E, A DISTANCE OF 192.35 FEET;
9) THENCE N 84°06'06" E, A DISTANCE OF 164.90 FEET;
10) THENCE S 69°42'00" E, A DISTANCE OF 35.87 FEET;
11) THENCE S 63°52'00" E, A DISTANCE OF 165.62 FEET;
12) THENCE S 53°38'18" E, A DISTANCE OF 13.97 FEET;
13) THENCE S 23°54'48" E, A DISTANCE OF 133.15 FEET, TO THE EAST LINE OF THE
EAST HALF OF SAID SOUTHWEST QUARTER, AND THE WEST LINE OF THE
ORIGINAL TOWN OF FORT COLLINS PLAT;
THENCE S 00°03'45" E, ON SAID WEST LINE, A DISTANCE OF 375.10 FEET, TO A POINT ON
THE NORTH LINE OF THE SOUTH 30 ACRES OF THE EAST HALF OF SAID SOUTHWEST
QUARTER;
THENCE S 89°58'24" W, ON SAID NORTH LINE, A DISTANCE OF 1276.16 FEET, TO THE
EASTERLY LINE OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT
COLLINS;
THENCE ON SAID EASTERLY LINE THE FOLLOWING THREE (3) COURSES:
1) THENCE N 00°01'08" E, A DISTANCE OF 3.20 FEET;
2) THENCE N 89°58'52" W, A DISTANCE OF 50.00 FEET;
3) THENCE N 00°01'08" E, A DISTANCE OF 276.00 FEET, TO THE NORTHEAST
CORNER OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT
COLLINS;
THENCE S 89°58'52" E, ON THE EASTERLY EXTENSION OF THE NORTH LINE OF THE
SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT COLLINS, A DISTANCE OF
1.84 FEET, TO A POINT ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST
QUARTER;
THENCE N 00°04'07" W, ON SAID WEST LINE, A DISTANCE OF 61.71 FEET TO THE POINT
OF BEGINNING.
CONTAINING AN AREA OF 17.3443 ACRES OR 755,516 SQUARE FEET.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land
Use Code of the City of Fort Collins is hereby changed and amended by showing that the above-
described property is included in the Residential Neighborhood Sign District.
Section 3. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 5th day of June,
A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DATE: September 18, 2012
STAFF: Matt Robenalt, Mike Beckstead
Kathy Cardona
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 8
SUBJECT
Items Relating to the 2012 Downtown Development Authority-Related Financing Activities.
A. Second Reading of Ordinance No. 089, 2012, Authorizing the Establishment of a Revolving Line of Credit to
be Paid Solely with Downtown Development Authority Tax Increment Funds for a Six Year Period in the
Amount of up to One Million Dollars Annually to Finance Downtown Development Authority Projects and
Programs in Accordance with the Downtown Development Authority Plan of Development and Approving
Related Documents.
B. Second Reading of Ordinance No. 090, 2012, Appropriating Prior Year Reserves in the Downtown
Development Authority Fund, Funds Drawn from the 2012 City of Fort Collins Revolving Line of Credit
Established to Finance Downtown Development Authority Projects and Programs and Funds for Debt Service
on the Revolving Line of Credit.
EXECUTIVE SUMMARY
The Board of Directors of the Downtown Development Authority (DDA) believes it would be financially beneficial for
the DDA and the community as a whole for a revolving Line of Credit to be established with a local bank for a six-year
period. The Line of Credit will be used to finance DDA projects and programs. Ordinance No. 089, 2012, unanimously
adopted on First Reading on September 4, 2012, authorizes the establishment of the Line of Credit and approves the
execution of the First National Bank documents.
Ordinance No. 090, 2012, unanimously adopted on First Reading on September 4, 2012, appropriates unanticipated
revenue from interest earnings in the amount of $191,032; from project savings in the amount of $331,113; funds
appropriated but not spent of $940,430; funds from the 2010 Bond Series that were not appropriated in the amount
of $500,000; and funds from the 2012 Revolving Line of Credit draw of up to $1,000,000 for a total appropriation of
$2,962,575. The DDA Board has authorized the expenditure on the various projects and programs. This Ordinance
also appropriates the debt service payment on the 2012 Line of Credit draw.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - September 4, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: September 4, 2012
STAFF: Matt Robenalt, Kathy Cardona
Mike Beckstead
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 30
SUBJECT
Items Relating to the 2012 Downtown Development Authority-Related Financing Activities.
A. Resolution 2012-081 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort
Collins Downtown Development Authority Governing the Use of a Line of Credit.
B. First Reading of Ordinance No. 089, 2012, Authorizing the Establishment of a Revolving Line of Credit to be
Paid Solely with Downtown Development Authority Tax Increment Funds for a Six Year Period in the Amount
of up to One Million Dollars Annually to Finance Downtown Development Authority Projects and Programs
in Accordance with the Downtown Development Authority Plan of Development and Approving Related
Documents.
C. Resolution 2012-082 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort
Collins Downtown Development Authority Regarding Funding of the Museum of Discovery Project.
D. First Reading of Ordinance No. 090, 2012, Appropriating Prior Year Reserves in the Downtown Development
Authority Fund, Funds Drawn from the 2012 City of Fort Collins Revolving Line of Credit Established to
Finance Downtown Development Authority Projects and Programs and Funds for Debt Service on the
Revolving Line of Credit.
EXECUTIVE SUMMARY
The Board of Directors of the Downtown Development Authority (DDA) believes it would be financially beneficial for
the DDA and the community as a whole for a revolving Line of Credit to be established with a local bank for a six (6)
year period. The Line of Credit will be used to finance DDA projects and programs. Adoption of Resolution 2012-081
will approve the Intergovernmental Agreement (IGA) regarding the establishment of the Line of Credit and governing
the mechanics of its use. Adoption of Ordinance No. 089, 2012 will authorize the establishment of the Line of Credit
and approve execution of the First National Bank documents.
The DDA Board of Directors has approved the sum of three million dollars ($3,000,000) as a grant to the City of Fort
Collins for a portion of the actual costs of construction of the Museum of Discovery Project. Adoption of Resolution
2012-082 will approve the IGA expressing the terms of the grant contribution.
Ordinance No. 090, 2012 will appropriate unanticipated revenue from interest earnings in the amount of $191,032; from
project savings in the amount of $331,113; funds appropriated but not spent of $940,430; funds from the 2010 Bond
Series that were not appropriated in the amount of $500,000; and funds from the 2012 Revolving Line of Credit draw
of up to $1,000,000 for a total appropriation of $2,962,575. The DDA Board has authorized the expenditure on the
various projects and programs. This Ordinance also appropriates the debt service payment on the 2012 Line of Credit
draw.
BACKGROUND / DISCUSSION
A. ESTABLISHMENT OF A LINE OF CREDIT
The Downtown Development Authority was created in 1981 with the purpose, according to State statute, of planning
and implementing projects and programs within the boundaries of the DDA. The DDA and the City adopted a Plan
of Development that specifies the projects and programs the DDA would undertake. The primary means of financing
DDA projects and programs is through the use of property tax increment collected within the DDA boundaries. The
Colorado Revised Statues (C.R.S.) requires that the City incur some form of debt in order to finance such projects and
programs using property tax increment revenues collected to pay the debt service. The City, in order to carry out the
purposes of the State statute and the Plan of Development, on behalf of the DDA, has issued various notes and tax
COPY
COPY
COPY
COPY
September 4, 2012 -2- ITEM 30
increment bonds. In 1983 the City issued a tax increment bond anticipation note. The first issuance of tax increment
bonds occurred in 1984 with subsequent issuances through 2010.
The establishment of the Line of Credit with First National Bank meets the requirements of the C.R.S. and the costs
associated with such a line of credit are much lower than would be the case with other types of traditional financing
such as a bond. It is in the best interest of the DDA and the City to reduce financing costs of DDA projects in order
to preserve the maximum amount of property tax increment revenues for DDA projects and activities within its
boundaries.
• Resolution 2012-081 Approving an Intergovernmental Agreement Between the City of Fort Collins and
the Fort Collins Downtown Development Authority Governing the Use of a Line of Credit.
This Resolution authorizes the Mayor to execute the IGA between the City and the DDA governing the use of the line
credit. The two entities desire to enter into the IGA in order to establish a line of credit to finance certain DDA projects.
The IGA defines the recommended required process steps for implementation of the Line of Credit.
• Ordinance No. 089, 2012, Authorizing the Establishment of a Revolving Line of Credit for a Six Year
Period in the Amount of up to One Million Dollars Annually to Finance Downtown Development
Authority Projects and Programs in Accordance with the Downtown Development Authority Plan of
Development and Approving Related Documents.
The Ordinance authorizes the Chief Financial Officer of the City to establish the Line of Credit and to execute the Line
of Credit documents.
B. MUSEUM OF DISCOVERY INTERGOVERNMENTAL AGREEMENT
The DDA Board of Directors has approved the sum of three million dollars ($3,000,000) as a grant to the City for a
portion of the actual costs of construction of the Museum of Discovery project.
• Resolution 2012-082 Approving an Intergovernmental Agreement Between the City of Fort Collins and
the Fort Collins Downtown Development Authority Regarding Funding of the Museum of Discovery
Project.
This Resolution authorizes the Mayor to execute the IGA between the City and the DDA regarding the grant of funds
for the Museum of Discovery. The two entities desire to enter into the IGA in order to establish the annual contribution
amounts and the terms of the agreement.
C. APPROPRIATIONS
In order to maximize the effectiveness of DDA bond proceeds and delay the cost of issuing bonds or borrowing funds
when capital is available, staff monitors sources of funds currently in reserves and available for appropriation. These
funds accumulate as a result of interest earnings and from project savings when actual cost accounting at the end of
the project is lower than the funds committed at the start of a project. Additionally, reserves available for appropriation
may become available when a project committed to by the DDA has been withdrawn by the project owner. The DDA
Board has also chosen to maximize the effectiveness of available funds by discontinuing programs that were not being
utilized.
DDA Board Approvals
Staff has provided summaries for the projects and programs approved for funding by the DDA Board. All approvals
by the DDA Board are made contingent upon City Council appropriation of funds that fulfill the Authority’s commitment
to projects. With the exception of those projects or programs which are purely public in nature, no DDA expenditures
will be made until projects are completed and have met all DDA requirements for reimbursement including, but not
limited to, evidence of a letter of completion or certificate of occupancy from the City. The DDA Board has reviewed,
approved and is recommending to the City Council the total appropriation of $2,962,575 for expenditure on projects
and programs that are in accordance with the DDA Plan of Development, the Downtown Plan and the Downtown
Strategic Plan.
COPY
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September 4, 2012 -3- ITEM 30
• Ordinance No. 090, 2012, Appropriating Prior Year Reserves in the Downtown Development Authority
Fund, Funds Drawn from the 2012 City of Fort Collins Revolving Line of Credit Established to Finance
Downtown Development Authority Projects and Programs and Funds for Debt Service on the
Revolving Line of Credit.
Interest Earnings, Programs and Project Savings
Over the past year, proceeds from DDA tax increment financing that have not been spent have accumulated interest
earnings in the amount of $191,032 and are available for appropriation. Project savings in the amount of $331,113
and funds not appropriated in the 2010 Bond Series Issuance in the amount of $500,000 need to be appropriated for
expenditure.
Bonds were issued in 2007, 2008 and 2010 and the resulting bond proceeds were appropriated for projects and
programs that subsequently did not require the full use of committed funds resulting in $940,430 in savings. For
example, some facade projects were withdrawn by the owner or the DDA Board discontinued a program. These funds
are now available for reappropriation.
Line of Credit and Debt Service Payment
Establishment of the revolving Line of Credit requires appropriation of the 2012 draw of up to $1,000,000. The debt
service payment for 2012 on the Line of Credit also needs to be appropriated. The DDA debt service fund is projected
to have sufficient revenue to meet the debt service payment for 2012. The Intergovernmental Agreement between
the City of Fort Collins and the DDA for the Line of Credit specifically states that no draw shall be made by the City
on the Line of Credit in excess of available tax increment monies. The DDA Board will annually adopt a resolution
approving its budget and recommend to City Council the monies to be appropriated on the Line of Credit.
FINANCIAL / ECONOMIC IMPACTS
To achieve success in revitalization and redevelopment of the Downtown district, DDA staff and Board operate with
attention to maintaining the fiscal viability and fiduciary stewardship of the organization. During 2012, the DDA staff
and board has focused on finding the lowest cost of capital to support projects and programs so that the maximum
amount of capital can be invested in projects or programs. With the Line of Credit financing tool, the DDA is able to
decrease the cost of capital for its current slate of projects and programs through a significant reduction in expenses
for interest, closing costs and transaction fees. The reduction in the cost of capital expenses ranges from $828,700
to $1,252,200.
The DDA Board has authorized expenditure on the following projects or programs which will be funded with this
appropriation in the amount of $2,962,575:
Maintenance Obligations - $654,000
Old Town Square Second Interim Agreement (2012-2014) -- $192,000
Old Town Square - Safety and Operational Function (2012-2014) -- $30,00
DDA Warehouse - Utilities and Maintenance (2012-2014) -- $60,000
DDA Warehouse - Capital Reserve Fund (e.g., new roof) -- $25,000
Montezuma Fuller Alley, Old Firehouse Alley, West Myrtle Alley Enhancement Project (2012-2014) -- $347,000
Existing Commitments - $1,843,627
2012 payment - Museum of Discovery (Proposed payments scheduled over 6 years) -- $750,000
137 Mathews Street - Tax Increment Facade Project -– up to $13,500
415 S Mason Street - Tax Increment Facade Project -– up to $65,000
Downtown River District Improvements - Jefferson Street Improvements -- $500,000
Lincoln Center Rent and Tech Grant for the 2012-2013 Season -– up to $165,827
River Corridor Improvements - Engines and Energy Conversion Lab – Grant –- up to $77,000
Penny Flats Building #3 - Tax Increment Facade Project –- up to $112,300
Penny Flats Building #4 - Tax Increment Facade Project –- up to $160,000
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September 4, 2012 -4- ITEM 30
Other - $464,948
Closing Costs -- estimated at $15,000
Holiday Lights Partnership (2012 Season) -- up to $35,000
Facade Grant Program -- up to $75,000
Project Management Fee -- estimated at $339,948
STAFF RECOMMENDATION
The Downtown Development Authority Board of Directors and staff recommend adoption of the Resolutions and the
Ordinances on First Reading.
BOARD / COMMISSION RECOMMENDATION
Council Finance
On April 16, 2012, DDA staff presented information to the City of Fort Collins Council Audit and Finance Committee
demonstrating the benefit of using a Line of Credit financing method for various projects. Other than a request from
Councilmember Manvel for a timeline of when money would be due on each project, especially the Museum, there
were no objections to moving forward with the Line of Credit financing tool.
DDA Board
At its regular meeting on June 19, 2012, the DDA Board of Directors adopted:
• Resolution 2011-02, recommending to the Fort Collins City Council the establishment of a revolving Line of
Credit with First National Bank of Omaha for a six (6) year period in the amount of up to one million dollars
annually and the approval of the Intergovernmental Agreement governing the Line of Credit; and
• The Intergovernmental Agreement regarding the Grant of Funds for the Museum of Discovery Project; and
• Resolution 2012-03 recommending to the Fort Collins City Council the appropriation of $2,962,575 for
expenditure on projects and programs, all in accordance with the Downtown Development Authority Plan of
Development.
ATTACHMENTS
1. Downtown Development Authority Board Minutes, June 19, 2012
2. Fort Collins Downtown Development Authority Board Resolution 2012-02
3. Fort Collins Downtown Development Authority Board Resolution 2012-03, including a recap of DDA board
minutes relating to the summary and approval of the projects and programs being funded.
4. Downtown Development Authority Boundary Map
5. City of Fort Collins Council Audit & Finance Committee Minutes – April 16, 2012
6. Estimated Annual Distribution and Funding for Projects and Programs for the DDA
7. Cash Flow Statement for the DDA Debt Service Fund as of May 31, 2012
8. Powerpoint presentation
ORDINANCE NO. 089, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ESTABLISHMENT OF A REVOLVING LINE OF CREDIT
TO BE PAID SOLELY WITH DOWNTOWN DEVELOPMENT AUTHORITY
TAX INCREMENT FUNDS FOR A SIX YEAR PERIOD IN THE AMOUNT
OF UP TO ONE MILLION DOLLARS ANNUALLY TO FINANCE DOWNTOWN
DEVELOPMENT AUTHORITY PROJECTS AND PROGRAMS IN ACCORDANCE WITH
THE DOWNTOWN DEVELOPMENT AUTHORITY PLAN OF DEVELOPMENT
AND APPROVING RELATED DOCUMENTS
WHEREAS, on April 21, 1981, the City Council adopted Ordinance No. 046, 1981,
establishing the Fort Collins, Colorado, Downtown Development Authority (“DDA”); and
WHEREAS, the DDA’s Plan of Development was approved by the City Council on
September 8, 1981, and established the purpose of the DDA and the types of projects in which the
DDA would participate; and
WHEREAS, C.R.S. 31-25-807 (3) (a) (II) provides that DDA tax increment funds may only
be used to pay some form of indebtedness incurred by the City; and
WHEREAS, the establishment of a line of credit with a banking institution would qualify
as debt within the meaning of C.R.S. 31-25-807 (3) (a) (II); and
WHEREAS, the Board of Directors of the DDA has recommended to the City Council,
through the adoption of Resolution 2012-02, the establishment of a revolving line of credit to be
paid solely with DDA tax increment funds for a six year period in the amount of One Million
Dollars ($1,000,000) annually (“Line of Credit”), with such other terms and conditions as are set
forth in the financing documents, attached hereto as Exhibits A-1 and A-2,and incorporated herein
by this reference (the “LOC Documents”), to finance DDA projects and programs in accordance
with its approved Plan of Development, the Downtown Plan and the Downtown Strategic Plan; and
WHEREAS, the establishment of the Line of Credit for such purpose would be financially
beneficial for the DDA and the community as a whole; and
WHEREAS, on this date the City Council has also approved Ordinance No. 090, 2012,
appropriating the proceeds of the Line of Credit; along with prior year reserves, to finance DDA
projects and programs in accordance with the DDA Plan of Development and appropriating from
the DDA Debt Service Fund funds for payment of debt service on the Line of Credit in 2012.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager is hereby authorized to establish the Line of Credit as described
in this Ordinance and to execute the LOC Documents therefor in substantially the forms on file in
the office of the City Clerk, together with such additional terms and conditions as the City Manager,
in consultation with the Chief Financial Officer and the City Attorney, deem necessary and
appropriate to protect the interests of the City or effectuate the purpose of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 4th day
of September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
ORDINANCE NO. 090, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE DOWNTOWN DEVELOPMENT
AUTHORITY FUND, FUNDS DRAWN FROM THE 2012 CITY OF FORT COLLINS
REVOLVING LINE OF CREDIT ESTABLISHED TO FINANCE DOWNTOWN
DEVELOPMENT AUTHORITY PROJECTS AND PROGRAMS AND FUNDS
FOR DEBT SERVICE ON THE REVOLVING LINE OF CREDIT
WHEREAS, on April 21, 1981, the City Council adopted Ordinance No. 046, 1981,
establishing The Fort Collins, Colorado, Downtown Development Authority (“DDA”); and
WHEREAS, the DDA Plan of Development was approved by the City Council on September
8, 1981, and established the purpose of the DDA and the types of projects in which the DDA would
participate; and
WHEREAS, bond proceeds from 2011 through April 2012 have accrued interest earnings
in the amount of $191,032; and
WHEREAS, DDA staff has identified project savings of $331,113 from bond proceeds
currently in reserves, as well as $940,430 in funds from the 2007, 2008 and 2010 Bond Series which
were appropriated but not spent, and bond proceeds from the 2010 Bond Series currently in reserves
that were not appropriated in the amount of $500,000; and
WHEREAS, on this date the Council has also approved Ordinance No. 089, 2012,
authorizing the establishment of a line of credit to finance DDA projects and programs in
accordance with the DDA Plan of Development and approving the line of credit documents; and
WHEREAS, the establishment of said line of credit and the appropriation of the funds from
the line of credit draws and the appropriation of prior year reserves are necessary to complete the
construction and implementation of certain capital DDA projects; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council of the City
to make supplemental appropriation, in conjunction with all previous appropriations for that fiscal
year, provided that the total amount of such supplemental appropriations, in combination with all
previous appropriations for that fiscal year, does not exceed the current estimate of actual and
anticipated revenues to be received during the fiscal year; and
WHEREAS, the Board of Directors of the DDA has recommended to the City Council of
the City such appropriation by Resolution 2012-03, passed and adopted at the regular meeting of the
Board of Directors of the DDA on the June 19, 2012.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That there is hereby appropriated for expenditure from the 2012 Line of
Credit draws and reserves in the Downtown Development Authority Fund the sum of TWO
MILLION, NINE HUNDRED SIXTY TWO THOUSAND, FIVE HUNDRED SEVENTY FIVE
DOLLARS ($2,962,575) to be used, as defined in the attached Exhibit A.
Section 2. That there is hereby appropriated for expenditure from the Downtown
Development Authority Debt Service Fund the sum of up to ONE MILLION DOLLARS
($1,000,000) for payment of debt service on the line of credit draws in 2012.
Introduced, considered favorably on first reading, and ordered published this 4th day of
September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
MAINTENANCE OBLIGATIONS OF $654,000
Old Town Square Second Interim Agreement (2012-2014) -- $192,000
Old Town Square - Safety and Operational Function (2012-2014) -- $30,000
DDA Warehouse - Utilities and Maintenance (2012-2014) -- $60,000
DDA Warehouse - Capital Reserve Fund (e.g. new roof) -- $25,000
MFA, OFA, WMA Alley Enhancement Project (2012-2014) -- $347,000
Subtotal $654,000
EXISTING COMMITMENTS OF $1,843,627
2012 payment - Museum of Discovery (Proposed payments scheduled over 6 years) -- $750,000
137 Mathews Street - Tax Increment Façade Project -– up to $13,500
415 S Mason Street - Tax Increment Façade Project -– up to $65,000
Downtown River District Improvements - Jefferson Street Improvements -- $500,000
Lincoln Center Rent and Tech Grant for the 2012-2013 Season -– up to $165,827
River Corridor Improvements - Engines and Energy Conversion Lab – Grant –- up to $77,000
Penny Flats Building #3 - Tax Increment Façade Project –- up to $112,300
Penny Flats Building #4 - Tax Increment Façade Project –- up to $160,000
Subtotal $1,843,627
OTHER OF $464,948
Closing Costs -- estimated at $15,000
Holiday Lights Partnership (2012 Season) -- up to $35,000
Façade Grant Program -- up to $75,000
Project Management Fee -- estimated at $339,948
Subtotal $464,948
TOTAL USES $2,962,575
3
EXHIBIT A
DATE: September 18, 2012
STAFF: Perrie McMillen
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 9
SUBJECT
Second Reading of Ordinance No. 091, 2012, Appropriating Unanticipated Grant Revenues in the General Fund for
the Restorative Justice Services and Appropriating Funds from the Police Operating Budget.
EXECUTIVE SUMMARY
Ordinance No. 091, 2012, unanimously adopted on First Reading on September 4, 2012, appropriates a grant in the
amount of $45,000 from the Colorado Division of Criminal Justice Juvenile Diversion fund for the continued operation
of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative
Justice Conferencing Program for all other offenses. A cash match of $7,440 is required and will be met by
appropriating funds from the police operating budget designated for Restorative Justice Services. The total required
match is 25%; an additional $7,560 in-kind match is designated from the Eighth Judicial Probation Department.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - September 4, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: September 4, 2012
STAFF: Perrie McMillen
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 16
SUBJECT
First Reading of Ordinance No. 091, 2012, Appropriating Unanticipated Grant Revenues in the General Fund for the
Restorative Justice Services and Appropriating Funds from the Police Operating Budget.
EXECUTIVE SUMMARY
A grant in the amount of $45,000 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile
Diversion fund the continued operation of Restorative Justice Services, which includes the RESTORE program for
shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. Restorative
Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender,
the victim/victim representative and members of the community to determine the harm done by the crime, and how
to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice Officials are optimistic
that repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community
will be addressed. A $7,440 cash match is required and will be met by appropriating funds from the 2012 Police
operating budget designated for Restorative Justice Services. The total required match is 25%, so an additional
$7,560 in-kind match is designated from the Eighth Judicial Probation Department.
BACKGROUND / DISCUSSION
Restorative Justice Services (RJS) has been grant funded since its inception in 2000. The Council yearly accepts
grant funds from Colorado Division of Criminal Justice and other grant funding agencies to support Restorative Justice
Services. The RJS programs are supported by two grants and some funds from the City. Since it began, Restorative
Justice Services has provided a restorative justice alternative to more than 2,000 young people who committed
chargeable offenses in the community.
The objective of the RJS programs is to educate young people who have committed offenses about how others are
impacted by their actions, words and behaviors. The intention is that young people, who understand how they, their
families, friends and community are harmed by their actions, and who have been held accountable for the harm they
caused, will make better future decisions and not commit the same or similar crime again. Reducing future criminal
behavior and keeping young people out of the justice system contribute positively to a safer and healthier community.
Without grant funding and the support of the City, Restorative Justice Services would not be a service available to
young people and their families, the courts, law enforcement and the community. The Eighth Judicial District Probation
Department donates administrative staff time (its restorative justice specialist) to help coordinate the RESTORE
Program, the RJS shoplifting component.
Restorative Justice Services is in the midst of gaining approval for an organizational move with Restorative Justice
Services moving from Police Services to Community Development and Neighborhood Services. Once approved, this
move will take place in the remainder of 2012 with coordinators working to merge and cross-train their respective
volunteer teams. The grant is being appropriated to Restorative Justice Services because it is not yet determined
which department will house RJS. The required match will be appropriated from the police department’s 2012
operating budget with funds designated for Restorative Justice Services. The grant funding agency is aware of this
possible organizational move.
FINANCIAL / ECONOMIC IMPACTS
The additional grant money in the amount of $45,000 from Division of Criminal Justice, Juvenile Diversion Grants,
provides funding for the continuation of Restorative Justice Services. The match requirement will be met by
appropriating $7,440 from the police operating budget, designated for restorative justice and a $7,560 in-kind match
designated from the Eighth Judicial Probation Department. The grant period is from July 1, 2012 to June 30, 2013.
This is the second year in a 3-year cycle for the Juvenile Diversion grant.
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September 4, 2012 -2- ITEM 16
Diverting youth and young adults from the justice system relieves pressure on Fort Collins Municipal Court and the
8th Judicial District Court and saves courts personnel time and money. Reducing future shoplifting, theft and other
criminal behavior by young people who have participated in the RJS programs will have a long-term positive impacts
on the economic health of our community by keeping young people out of the justice system, thereby improving their
future employment options and encouraging young people to not shoplift or participate in other criminal behavior.
ENVIRONMENTAL IMPACTS
In RESTORE, education about the impact of shoplifting on the environment (excess packaging to prevent theft that
ends up in our landfill) is part of the program, so there may be some future positive impact on the environment if fewer
youth continue to shoplift. Occasionally there may be a positive impact on the environment when young people are
educated about when and how their actions have an environmental impact. The programs have no known negative
impact on the environment.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
ATTACHMENTS
1. RESTORE Program Information Sheet
2. The RJCP Information Sheet
ORDINANCE NO. 091, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUES IN THE
GENERAL FUND FOR THE RESTORATIVE JUSTICE SERVICES
AND APPROPRIATING FUNDS FROM THE POLICE OPERATING BUDGET
WHEREAS, the Colorado Division of Criminal Justice has awarded the City of Fort Collins
Police Services a grant in the amount of $45,000 for operating expenses associated with the
operation of the Restorative Justice Services for the 2012-13 grant cycle; and
WHEREAS, the Restorative Justice Service is an alternative to the traditional criminal
justice system and the program seeks to hold young offenders accountable by facilitating a meeting
with the offender, the victim and members of the community to determine the harm done by the
crime, and how to repair the harm; and
WHEREAS, the grant provides 75% of the total project cost in the amount of $60,000 and
requires a match of 25% ($15,000), $7,440 of which can be funded from funds available in the
General Fund Police Services operating budget, and the remaining $7,560 of which can be funded
by an in-kind match from the Eighth Judicial District Probation Department; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the total
amount of such supplemental appropriations, in combination with all previous appropriations for
that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the Restorative Justice
Services grant funds as described herein will not cause the total amount appropriated in the General
Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund
during the fiscal year; and
WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer
by ordinance any unexpected and unencumbered amount or portion thereof from one project to
another project, provided that the purpose for which the transferred funds are to be expended remains
unchanged.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That there is hereby appropriated from unanticipated revenue in the General
Fund the sum of FORTY FIVE THOUSAND DOLLARS ($45,000) for expenditure in the General
Fund to the Police Services grant project for Restorative Justice Services.
Section 2. That the unexpended appropriated amount of SEVEN THOUSAND FOUR
HUNDRED FORTY DOLLARS ($7,440) is hereby authorized for transfer from the Police Services
operating budget in the General Fund to the Police Services grant project for Restorative Justice
Services and appropriated therein.
Introduced, considered favorably on first reading, and ordered published this 4th day of
September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DATE: September 18, 2012
STAFF: Jon Haukaas, Lance Smith,
Tiana Smith
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 10
SUBJECT
Second Reading of Ordinance No. 093, 2012, Amending Section 26-279 of the City Code to Allow a Reduction for
Calculated Evaporative Losses in Determining Wastewater Volume for Existing Large Industrial Processes.
EXECUTIVE SUMMARY
In 2010, Chapter 26 of the City Code was modified to establish an additional method of determining wastewater
volume as the basis for Wastewater Service fees. That Code amendment allowed Utilities to recognize specific
quantities of water consumed or processed in manufacturing processes for the City’s industrial and large commercial
wastewater customers. Examples include cooling towers and other equipment or processes where a measurable
reduction in wastewater discharge can be determined and metered. The reduction may apply to either a specified
portion of the user’s facilities or the facility as a whole.
This Ordinance, unanimously adopted on First Reading on September 4, 2012, adds an option to Section 26-279 of
the City Code to allow for the use of nationally accepted industry standards of calculation to recognize specific
quantities of water that are evaporated off as part of an industrial process and as a result are not discharged to the
wastewater system. The models would provide a quantifiable amount of water which should not be included in the
wastewater discharge volume which serves as the basis for Wastewater Service fees in lieu of metering for existing
structures. This adjustment will be allowed only for large industrial customers, and metering will still be required for
newly constructed facilities.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - September 4, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: September 4, 2012
STAFF: Jon Haukaas, Lance Smith
Tiana Smith
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 19
SUBJECT
First Reading of Ordinance No. 093, 2012, Amending Section 26-279 of the City Code to Allow a Reduction for
Calculated Evaporative Losses in Determining Wastewater Volume for Existing Large Industrial Processes.
EXECUTIVE SUMMARY
In 2010, Chapter 26 of the City Code was modified to establish an additional method of determining wastewater
volume as the basis for Wastewater Service fees. That Code amendment allowed Utilities to recognize specific
quantities of water consumed or processed in manufacturing processes for the City’s industrial and large commercial
wastewater customers. Examples include cooling towers and other equipment or processes where a measurable
reduction in wastewater discharge can be determined and metered. The reduction may apply to either a specified
portion of the user’s facilities or the facility as a whole.
This Ordinance will add an option to Section 26-279 of the City Code to allow for the use of nationally accepted
industry standards of calculation to recognize specific quantities of water that are evaporated off as part of an industrial
process and as a result are not discharged to the wastewater system. The models would provide a quantifiable
amount of water which should not be included in the wastewater discharge volume which serves as the basis for
Wastewater Service fees in lieu of metering for existing structures. This adjustment will be allowed only for large
industrial customers, and metering will still be required for newly constructed facilities.
BACKGROUND / DISCUSSION
Chapter 26 of the City Code establishes specific rates for all customer classifications, including intermediate non-
residential users and users with industrial discharge permits. Rates are based upon water use, measured wastewater
flows, or winter quarter use, whichever is applicable. From a technical perspective, measurement of wastewater flow
has proved to be difficult due to system design and reliability of wastewater metering.
The 2010 change to Chapter 26 of the City Code established an additional method of determining wastewater volume
as the basis for Wastewater Service fees. Because water use is the standard basis for determining the charges, the
alternative approach resulted in an adjustment for the difference in water volume received and wastewater volume
discharged. This alternative method of determining wastewater discharge applies to commercial customers who have
facility or manufacturing processes that result in a significant difference between the volume of water delivered and
the volume of wastewater discharged, and excludes water used for landscape irrigation. The 2010 Code change
provided general guidelines for this specific type of adjustment.
With the Code amendment now proposed, the Wastewater Utility will be authorized to allow for a calculated
determination of evaporative losses for large industrial customers with existing facilities for which installation of
additional metering devices is not practical or cost-effective.
The following underlined language is proposed to be added to City Code in 26-279 to describe the manner in which
the nationally accepted American Society of Heating, Refrigerating and Air Conditioning Engineer (ASHRAE)
standards of calculation could be used as the basis for wastewater charges:
c. for evaporative loss in a specific industrial process that was in operation as of September
1, 2012, and that is served by a water meter four (4) inches in size or greater, a method for
calculating the amount of evaporative loss may be used to reduce the customer’s wastewater
volume from the amount that would otherwise be determined based upon water use, provided
that such method must be reasonably satisfactory to the Utilities Executive Director and must
be based on generally accepted methods determined to accurately and reliably predict the rate
and amount of such evaporative loss; or
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September 4, 2012 -2- ITEM 19
A customer requesting an alternative calculation method based on ASHRAE standards and guidelines and approved
by the Utilities Executive Director to reflect the difference in water volume received and wastewater volume discharged
will be required to meet the following conditions:
• The reduction must be for a specific process for a structure existing prior to the date of this Ordinance being
adopted. It is not for the entire facility.
• The reduction must be metered in new construction or where possible in existing buildings.
• Customer must be on a service using a 4-inch meter or larger.
• Customer must be able to verify the accuracy of inputs to calculation model.
FINANCIAL / ECONOMIC IMPACTS
Staff anticipates that this City Code amendment may result in a significant reduction to Wastewater Fund revenue over
the next several years. The exact amount of the reduction is not quantifiable at this time; however, it is estimated that
it will be in the range of $500,000 to $1,500,000. One million dollars represents 5% of the Wastewater Fund’s annual
operating revenue. Staff has included estimates of the effect of this change in the Budgeting For Outcomes (BFO)
process and will make recommendations on any required rate changes as a part of the budget and rate-setting work
later this year.
This amendment will provide an additional method for quantifying wastewater discharge in a specific commercial use
as the basis for equitably allocating wastewater collection and treatment costs to those commercial customers that
meet the requirements of the program. It allows the Utilities to adjust the basis for determining charges by metering
or calculating discharge flows rather than determining wastewater charges based on water volume delivered. The
result is reduced cost to the commercial customer that more closely matches with the amount of wastewater service
delivered. This has an economic benefit to the customer; however, it results in a reduction in revenue to the
Wastewater fund. It is anticipated that the change in cost allocation and the need to restore this lost revenue will
increase residential rates to some extent as the result of the shift in cost allocation. Since this change is a result of
customer feedback on how wastewater service charges are determined, this amendment to City Code may support
the ability of customers to influence factors that directly impact their business. It may also support the positive
business relationship between these customers, Fort Collins Utilities and City government.
ENVIRONMENTAL IMPACTS
This proposed Code amendment does not create an additional environmental impact in that it does not change the
way water resources are used or impact the quality of wastewater discharge.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
The Water Board has not reviewed the change to Section 26-279 proposed in the Ordinance. However, at its May
13, 2010 meeting, the Water Board voted unanimously to recommend Council approve the 2010 Code revision.
ORDINANCE NO. 093, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 26-279 OF THE CODE OF THE CITY OF FORT COLLINS
TO ALLOW A REDUCTION FOR CALCULATED EVAPORATIVE
LOSSES IN DETERMINING WASTEWATER VOLUME
FOR EXISTING LARGE INDUSTRIAL PROCESSES
WHEREAS, rates, fees and charges for wastewater utility service are determined as set forth
in Division 4 of Article IV in Chapter 26 of the City Code; and
WHEREAS, the methods for measuring and determining wastewater volume for the purpose
of billing wastewater customers the applicable rates, fees and charges for wastewater service; and
WHEREAS, in some circumstances the volume of wastewater discharged by wastewater
customers with complex or unusual processes or plant configurations can be more accurately
determined using more refined methods; and
WHEREAS, on June 15, 2010, the Council adopted Ordinance No. 067, 2010, which
amended Section 26-279 of the City Code so as to allow Utilities to develop and approve on a case-
by-case basis methods for measuring the amount of water consumed or processed by nonresidential
wastewater customers, in order to determine more accurately the volume of wastewater discharged
by such customers; and
WHEREAS, since the adoption of Ordinance No. 067, 2010, City staff has further evaluated
additional circumstances in which large industrial customers may process water in a manner that
results in substantial evaporative losses, and which, as a result, significantly reduces the volume of
water returned to the City in the form of wastewater; and
WHEREAS, metering such evaporative losses in existing industrial facilities can be difficult
and costly except in the case of construction or reconstruction of said facilities; and
WHEREAS, sufficiently reliable engineering analysis and calculations are available that can
form the basis for calculating the amount of evaporative loss by which a customer’s total wastewater
volume should be adjusted; and
WHEREAS, City staff has proposed that Section 26-279 of the City Code be amended so
as to allow Utilities to allow large industrial customers experiencing significant evaporative losses
in their existing processes to provide data and analysis as the basis for a reduction in wastewater
volumes for the purpose of determining Wastewater Utility service fees and charges; and
WHEREAS, the City Council has determined that it is appropriate and desirable for Utilities
to have the authority to employ such methods in determining wastewater discharges by large
industrial wastewater customers.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 26-279(c) of the Code of the City of Fort Collins is hereby amended to read
as follows:
(c) The rate determination by category is as follows:
. . .
(4) In addition to the applicable base charge set forth in § 26-280, users in
Categories D, E and F shall be billed upon the basis of metered water
consumption except where they can show to the satisfaction of the Utilities
Executive Director that not all of the water going through the water meter is
returned to the wastewater system but is instead consumed or otherwise
diverted. In such cases, and with the approval of the Utilities Executive
Director, the wastewater charges may be based upon one (1) of the following
methods:
(a)a. a metering device of a type and installed in a manner
approved by the Utilities Executive Director may be used to measure
the quantity of wastewater returned to the public sewer, in which
event the actual volume of wastewater discharged will be substituted
in the formula for billing purposes;
(b)b. a metering device of a type and installed in a manner
approved by the Utilities Executive Director may be used to measure
one or more specific quantities of water consumed or processed in all
or specified portions of the user’s facility if the Utilities Executive
Director finds that such measured water quantities form a sufficient
and reliable basis for determining the quantity of wastewater returned
to the public sewer, in which event the actual volume of wastewater
discharged will be substituted in the formula for billing purposes;
c. for evaporative loss in a specific industrial process that was in
operation as of September 1, 2012, and that is served by a water
meter four (4) inches in size or greater, a method for calculating the
amount of evaporative loss may be used to reduce the customer’s
wastewater volume from the amount that would otherwise be
determined based upon water use, provided that such method must be
reasonably satisfactory to the Utilities Executive Director and must
be based on generally accepted methods determined to accurately and
reliably predict the rate and amount of such evaporative loss; or
(c)d. when the user discharges only wastes reasonably and
regularly corresponding to the winter quarter water use, said winter
quarter water use may be substituted in the formula for billing
purposes. Any metering device used to measure wastewater shall be
installed and maintained at the user's expense.
. . .
-2-
Introduced, considered favorably on first reading, and ordered published this 4th day of
September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of September A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-3-
DATE: September 18, 2012
STAFF: Josh Weinberg
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 11
SUBJECT
Second Reading of Ordinance No. 094, 2012, Designating the Schroeder House/Laurel Apartments, 121 East Laurel,
Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 4, 2012, designates the Schroeder
Residence/Laurel Apartments at 121 East Laurel Street as a Fort Collins Landmark. The property owner, Brian
Beeghly, is initiating this request.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - September 4, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: September 4, 2012
STAFF: Josh Weinberg
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 20
SUBJECT
First Reading of Ordinance No. 094, 2012, Designating the Schroeder House/Laurel Apartments, 121 East Laurel,
Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
EXECUTIVE SUMMARY
The owner of the property, Brian Beeghly, is initiating this request for Fort Collins Landmark designation for the
Schroeder Residence/Laurel Apartments at 121 East Laurel Street. The property is eligible for designation as a
Landmark under Designation Standards 2 and 3, for its association with significant persons and also for its architectural
significance to Fort Collins.
BACKGROUND / DISCUSSION
The residence was the home of Frederick J. Schroeder. One of the best known sheep dealers and feeders in the
Western U.S., Schroeder was a well-respected early Fort Collins citizen in both business and politics. Furthermore,
as an early 1900s Foursquare Style residence, the building is an unusually detailed example of this housing type within
Fort Collins. Constructed in 1902, this Foursquare Style residence exhibits many character-defining features, including
its two-story, square plan, full-width front porch, hipped roof with hipped dormers, Tuscan columns on porches, boxed
and dentil cornice with brackets, and overhanging eaves.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
At a public hearing held on July 11, 2012, the Landmark Preservation Commission voted unanimously to recommend
landmark designation of this property.
ATTACHMENTS
1. Location map
2. Historic Landmark Designation Nomination Form and Agreement
3. Staff Report
4. Resolution 2, 2012, Landmark Preservation Commission, Recommending Landmark Designation of the
Schroeder Residence/Laurel Apartments at 121 East Laurel Street.
5. Photos
6. Landmark Preservation Commission minutes, July 11, 2012
ORDINANCE NO. 094, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE SCHROEDER HOUSE/LAUREL APARTMENTS, 121 EAST LAUREL
STREET, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT
TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to City Code Section 14-2, the City Council has established a public
policy encouraging the protection, enhancement and perpetuation of landmarks within the City; and
WHEREAS, by Resolution dated July 11, 2012, the Landmark Preservation Commission (the
"Commission") has determined that the Schroeder House/Laurel Apartments has significance to Fort
Collins under Landmark Designation Standard (2) for its association with Frederick J. Schroeder;
and Designation Standard (3), as excellent examples of the Foursquare Style residential architecture
in Fort Collins, with a high level of physical integrity; and
WHEREAS, the Commission has further determined that said property meets the criteria of
a landmark as set forth in City Code Section 14-5 and is eligible for designation as a landmark, and
has recommended to the City Council that said property be designated by the City Council as a
landmark; and
WHEREAS, the owner of the property, Brian Beeghly, has consented to such landmark
designation; and
WHEREAS, such landmark designation will preserve the property's significance to the
community; and
WHEREAS, the City Council has reviewed the recommendation of the Commission and
desires to approve such recommendation and designate said property as a landmark.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the property known as the Schroeder House/Laurel Apartments, and the
adjacent lands upon which the historical resources are located in the City of Fort Collins, Larimer
County, Colorado, described as follows, to wit:
PART OF LOT 2, BLOCK 127, IN THE CITY OF FORT COLLINS, COLORADO,
CONTAINED WITHIN BOUNDARY LINES BEGINNING AT THE
NORTHEAST CORNER OF SAID LOT 2, AND RUNNING THENCE WEST 84
FEET ALONG THE NORTH LINE OF SAID LOT, THENCE SOUTH 58 FEET
PARALLEL TO THE EAST LINE OF SAID LOT, THENCE EAST 84 FEET
PARALLEL TO THE NORTH LINE OF SAID LOT, AND THENCE NORTH 58
FEET TO THE POINT OF BEGINNING, COUNTY OF LARIMER, STATE OF
COLORADO.
be designated as a Fort Collins Landmark in accordance with City Code Chapter l4.
Section 2. That the criteria in City Code Section 14-48 will serve as the standards by
which alterations, additions and other changes to the buildings and structures located upon the above
described property will be reviewed for compliance with City Code Chapter 14, Article III.
Introduced, considered favorably on first reading, and ordered published this 4th day of
September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DATE: September 18, 2012
STAFF: Courtney Levingston
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 12
SUBJECT
Items Relating to the Forney Annexation and Zoning.
A. Second Reading of Ordinance No. 095, 2012, Annexing the Property Known as the Forney Annexation.
B. Second Reading of Ordinance No. 096, 2012, Amending and Classifying for Zoning Purposes the Property
Included in the Forney Annexation.
EXECUTIVE SUMMARY
These Ordinances, unanimously adopted on First Reading on September 4, 2012, annex and zone 23.16 acres
located on the north side of LaPorte Avenue, approximately 1,280 feet east of North Taft Hill Road.
The parcels to be annexed, all owned by Forney Industries, are currently located in Larimer County’s I – Industrial
Zoning District. The requested zoning for this annexation is the T - Transition.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - September 4, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: September 4, 2012
STAFF: Courtney Levingston
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 21
SUBJECT
Items Relating to the Forney Annexation and Zoning.
A. Resolution 2012-083 Setting Forth Findings of Fact and Determinations Regarding the Forney Annexation and
Zoning.
B. Hearing and First Reading of Ordinance No. 095, 2012, Annexing the Property Known as the Forney
Annexation.
C. Hearing and First Reading of Ordinance No. 096, 2012, Amending and Classifying for Zoning Purposes the
Property Included in the Forney Annexation.
EXECUTIVE SUMMARY
As the Owner and Applicant, Forney Industries has submitted a written petition requesting the annexation of 23.16
acres located on the north side of LaPorte Avenue, approximately 1,280 feet east of North Taft Hill Road.
The parcels to be annexed, all owned by Forney Industries, are currently located in Larimer County’s I – Industrial
Zoning District. The requested zoning for this annexation is the T - Transition. The Transition District is intended for
properties for which there are no specific and immediate plans for development. The only permitted uses are those
existing at the date the property was placed into this District and no new development is allowed in the Transition
district. Forney Industries has indicated that it has no intent to further develop at this time. The surrounding properties
are currently zoned Low Density Mixed-Use Neighborhood (LMN) in the City to the east and west; Neighborhood
Conservation, Low Density (NCL) in the City to the south and zoned I – Industrial in Larimer County to the north.
BACKGROUND / DISCUSSION
This is a 100% voluntary annexation for property owned by Forney Industries and located within the Growth
Management Area. According to policies and agreements between the City of Fort Collins and Larimer County
contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area (GMA), the City will agree
to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The
annexation gains the required 1/6 contiguity to existing City limits from a common boundary with the east parcel line
of the Schmidtberger Subdivision (Canfield Annexation, 1975) and Lilac Apartments Subdivision (Springer Farm First
Annexation, 1972) to the west. The annexation also shares an additional common boundary with existing City limits
to the east, with the Leeper Subdivision (Radio City Annexation, 1957), thus further satisfying the requirement that no
less than one-sixth of the perimeter boundary be contiguous to the existing City boundary.
Recommendation of Transition (T) Zone District
The City’s Structure Plan designates the subject parcels to be placed in the Limited Commercial (CL) and Low Density
Mixed Use Neighborhood (LMN) District. These zone district designations were not cleanly determined along property
lines, but delineated by where existing commercial activity stopped, mid-parcel. The intent of LMN portion to the north
was to ensure that if future development is compatible with the integrity and density of existing neighborhoods to the
north and to provide a “buffer” between the existing neighborhood to the north and the CL zoning (Forney Industries)
to the south.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreements.
COPY
COPY
COPY
COPY
September 4, 2012 -2- ITEM 21
However, conditions on the ground have evolved from the time of the initial Structure Plan and Northwest Subarea
Plan designation. Recently, the City acquired the adjacent property to the north and northwest to be used as regional
detention and outfall for the West Vine basin. Additionally, Utilities Master Plan and Floodplain Administration Division
is currently conducting an analysis regarding the property to the northeast, determining if the property should be
acquired for regional detention as well. This adjacent, City-owned property will only be used as detention and will not
be developed, thus creating a new “buffer” for the neighborhood to the north.
Due to the recent City acquisition of parcels to the north, the requested zoning of the Forney Annexation is T-
Transition. Zoning parcels Transition initially at time of annexation is not unprecedented; in November 1997, the 435
acre Timberline Annexation was placed into the Transition zone district and remained zoned as such until 2001, when
it was rezoned in anticipation of the Johnson Property Overall Development Plan. Initially placing the Forney
Annexation in the Transition zone district will allow time to re-evaluate the appropriateness of the LMN/CL zoning split
vis-à-vis current conditions on the ground.
Findings
1. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to
the City of Fort Collins.
2. The annexation of this area is consistent with the policies and agreements between Larimer County and the
City of Fort Collins contained in the Amended Intergovernmental Agreement – Growth Management Area.
3. On July 17, 2012, the City Council Resolution 2012-052 that accepted the annexation petition and determined
that the petition was in compliance with State law. The Resolution also initiated the annexation process for
the property by establishing the date, time and place when a public hearing would be held regarding the
readings of the Ordinances annexing and zoning the area.
3. The requested T, Transition Zoning District is in conformance with the policies of the City's Comprehensive
Plan.
4. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinances on First Reading.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on July 19,
2012 and unanimously recommended approval of the annexation. Additionally, the Board unanimously recommended
that the property be placed in the Transition Zone District. The minutes from the July 19, 2012 Planning and Zoning
Board Hearing are attached.
PUBLIC OUTREACH
The public notification of the annexation and zoning request occurred two weeks prior to the item going before the
Planning and Zoning Board at their scheduled public hearing on July 19, 2012. A public hearing notification letter was
mailed to all Affected Property Owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code
does not require a neighborhood meeting for annexation and initial zoning and a meeting was not held for this
annexation and zoning request.
COPY
COPY
COPY
COPY
September 4, 2012 -3- ITEM 21
ATTACHMENTS
1. Vicinity Map
2. Zoning Map
3. Structure Plan Map
4. Planning and Zoning Board minutes, July 19, 2012
ORDINANCE NO. 095, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
FORNEY ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2012-052, finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the City Council; and
WHEREAS, the City Council hereby finds and determines that it is in the best interests of
the City to annex said area to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
A parcel of land located in the Northwest Quarter of Section 10, Township 7 North,
Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado,
and being more particularly described as follows:
Commencing at the Center Quarter Corner of Section 10 and assuming the South line
of the Northwest Quarter of Section 10 to bear North 89°14'44" West, with all other
bearings herein relative thereto;
Thence North 89°14'44" West, 1108.58 feet to the POINT OF BEGINNING; thence,
North 89°14'44" West, 216.43 feet; thence, North 00°38'55" East, 435.71 feet;
thence, North 89°14'49" West, 330.72 feet; thence, North 00°42'46" East, 656.12
feet; thence, South 89°24'33" East, 1320.17 feet; thence, South 00°23'46" West,
377.97 feet; thence, North 89°14'44" West, 285.00 feet; thence, South 00°23'46"
West, 472.81 feet; thence, North 87°54'20" West, 249.40 feet; thence, South
07°37'19" East, 72.44 feet; thence, North 89°14'44" West, 86.39 feet; thence, North
00°23'46" East, 21.00 feet; thence, North 89°14'44" West, 83.00 feet; thence, South
00°23'46" West, 50.00 feet; thence, North 89°14'37" West, 85.00 feet; thence, South
00°23'46" West, 150.00 feet to the POINT OF BEGINNING.
Said parcel of land contains 22.820 acres, more or less.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Forney
Annexation, which annexation shall become effective upon completion of the conditions contained
in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with
the Larimer County Clerk and Recorder.
Section 2. That, in annexing said property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines,
streets or any other services or utilities in connection with the property hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 4th day of
September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
ORDINANCE NO. 096, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE FORNEY ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS, in accordance with the foregoing, the City Council has considered the zoning
of the property which is the subject of this ordinance, and has determined that said property should
be zoned as hereafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section
1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including
the property known as the Forney Annexation to the City of Fort Collins, Colorado, in the Transition
(“T”) Zone District, which property is more particularly described as:
A parcel of land located in the Northwest Quarter of Section 10, Township 7 North,
Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado,
and being more particularly described as follows:
Commencing at the Center Quarter Corner of Section 10 and assuming the South line
of the Northwest Quarter of Section 10 to bear North 89°14'44" West, with all other
bearings herein relative thereto;
Thence North 89°14'44" West, 1108.58 feet to the POINT OF BEGINNING; thence,
North 89°14'44" West, 216.43 feet; thence, North 00°38'55" East, 435.71 feet;
thence, North 89°14'49" West, 330.72 feet; thence, North 00°42'46" East, 656.12
feet; thence, South 89°24'33" East, 1320.17 feet; thence, South 00°23'46" West,
377.97 feet; thence, North 89°14'44" West, 285.00 feet; thence, South 00°23'46"
West, 472.81 feet; thence, North 87°54'20" West, 249.40 feet; thence, South
07°37'19" East, 72.44 feet; thence, North 89°14'44" West, 86.39 feet; thence, North
00°23'46" East, 21.00 feet; thence, North 89°14'44" West, 83.00 feet; thence, South
00°23'46" West, 50.00 feet; thence, North 89°14'37" West, 85.00 feet; thence, South
00°23'46" West, 150.00 feet to the POINT OF BEGINNING.
Said parcel of land contains 22.820 acres, more or less.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land
Use Code of the City of Fort Collins is hereby changed and amended by showing that the above-
described property is included in the Residential Neighborhood Sign District.
Section 3. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 4th day of
September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DATE: September 18, 2012
STAFF: Helen Matson
Jon Haukaas
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 13
SUBJECT
Second Reading of Ordinance No. 097, 2012, Authorizing the Conveyance of a Portion of a Tract of Stormwater Utility
Property to Coby S. Hughey and Linda C. Hughey.
EXECUTIVE SUMMARY
In 1992, the final plat of Pheasant Ridge Estates dedicated Tract A to the City of Fort Collins for the purpose of a
detention basin. After the dedication, the developer certified to the City that he could meet the required stormwater
detention volumes without excavating and grading the western most portion of Tract A (the portion adjacent to 1700
Westview Road.) Due to the City’s change of use for this portion of Tract A, the adjacent property owners, Coby and
Linda Hughey, have expressed an interest to obtain the portion of Tract A that abuts their property at 1700 Westview
Road. This Ordinance, unanimously adopted on First Reading on September 4, 2012, authorizes the conveyance of
a portion of Tract A to the Hugheys.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - September 4, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: September 4, 2012
STAFF: Helen Matson
Jon Haukaas
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 22
SUBJECT
First Reading of Ordinance No. 097, 2012, Authorizing the Conveyance of a Portion of a Tract of Stormwater Utility
Property to Coby S. Hughey and Linda C. Hughey.
EXECUTIVE SUMMARY
In 1992, the final plat of Pheasant Ridge Estates dedicated Tract A to the City of Fort Collins for the purpose of a
detention basin. After the dedication, the developer certified to the City that he could meet the required stormwater
detention volumes without excavating and grading the western most portion of Tract A (the portion adjacent to 1700
Westview Road.) Due to the City’s change of use for this portion of Tract A, the adjacent property owners, Coby and
Linda Hughey, have expressed an interest to obtain the portion of Tract A that abuts their property at 1700 Westview
Road.
BACKGROUND / DISCUSSION
The City’s Stormwater Utility assumed maintenance of Tract A after the developer had minimized the on-site detention
area. The City mowed the new and existing detention basin from the east end of Tract A to a row of elm trees that
run north to south approximately on the property line between 1700 Westview and 1706 Westview. It was assumed
that the trees depicted the westerly property line of Tract A. At that time, the homeowner at 1700 Westview was
mowing and maintaining the western most part of Tract A as if it belonged to 1700 Westview. The City did not question
the property lines since the detention basin was well defined and the certification was submitted for engineering
volume and storage capacity. The westernmost section is also at a higher grade than the remainder of Tract A. This
assumption went on from mid-1990 to the summer of 2011, when the property at 1700 Westview was sold to new
owners (the Hugheys).
The Hugheys reviewed their survey and noted that the property behind their home was actually the westernmost
portion of Tract A and belonged to the City of Fort Collins. The Hugheys contacted the Stormwater Utility and
requested that the City either take over maintenance responsibilities of the property or consider selling this portion of
Tract A to them. Since the access to this portion of the tract was extremely limited for maintenance equipment, this
portion of Tract A does not have public access and the area is not needed for drainage purposes, staff agreed to
process the Hugheys’ request through City Council. The portion of Tract A proposed to be conveyed to the Hugheys
conveys .44 acres and the eastern boundary matches the property line between 1700 and 1706 Westview. The
conveyance document will include a deed restriction that the land being conveyed to the Hugheys is non-buildable.
FINANCIAL / ECONOMIC IMPACTS
The Hugheys have agreed to compensate the City $6,750 for the purchase of the property. The value of the subject
property is a non-buildable value of $.30/SF. The Hugheys’ use of this property will continue to be landscaping and
they will continue to be responsible for all maintenance.
ENVIRONMENTAL IMPACTS
Staff has not identified any environmental impacts for this proposed conveyance since the subject property is outside
of the City’s Floodway (100-year floodplain).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
COPY
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September 4, 2012 -2- ITEM 22
BOARD / COMMISSION RECOMMENDATION
At its August 16, 2012 meeting, the Water Board voted to recommend approval of the conveyance of a portion of Tract
A to Coby S. Hughey and Linda C. Hughey.
ATTACHMENTS
1. Location Map
2. Water Board minutes, August 16, 2012
ORDINANCE NO. 097, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PORTION OF
A TRACT OF STORMWATER UTILITY PROPERTY
TO COBY S. HUGHEY AND LINDA C. HUGHEY
WHEREAS, the City is the owner of Tract A, Pheasant Ridge Estates (“Tract A”); and
WHEREAS, Tract A was dedicated to the City in 1992 on the plat of Pheasant Ridge
Estates as a storm drainage and utility tract for a detention basin; and
WHEREAS, after the dedication of Tract A, the developer certified to the City that
required storm water detention volumes could be met without the use of the westernmost portion
of Tract A, as described on Exhibit “A”, attached and incorporated herein by reference (the
“Property”); and
WHEREAS, when the City took over the maintenance of Tract A from the developer,
City staff and the homeowner adjacent to the Property assumed that Tract A ended at a row of
trees, where the elevation climbs by approximately six feet, and that the Property was not part of
Tract A; and
WHEREAS, for this reason, the Property has historically been maintained by the owners
of the adjacent property, and not by the City; and
WHEREAS, since the area’s detention volumes are met in the existing detention basin,
the City does not have a need for the Property; and
WHEREAS, Coby S. Hughey and Linda C. Hughey (“Hugheys”), the new owners of the
adjacent residential property, have requested that the City convey the Property to them for
landscaping purposes; and
WHEREAS, City staff has not identified any negative impacts to the City or the
Stormwater Utility system resulting from the conveyance of the Property; and
WHEREAS, although the statutory provisions that provide for establishing the
disposition of dedicated rights-of-way upon vacation do not apply in this instance, the proposed
conveyance is consistent with the principle embodied in that statute of returning previously
dedicated land to the adjacent parcel from which it was originally dedicated; and
WHEREAS, the Property would be conveyed to the Hugheys with a deed restriction that
the property will be non-developable, which minimizes the value of the property, and the
Hugheys have agreed to pay the City $6,750 for the Property; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey, or otherwise dispose of real property owned by the City, provided that the City Council
first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and
WHEREAS, with respect to real property that is part of the City’s utility system, Section
23-111(b) of the City Code requires that the City Council must also find that the disposition will
not materially impair the viability of the particular utility system as a whole and that it will be
for the benefit of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the conveyance of the Property to the Hugheys as provided herein
will not materially impair the viability of the affected utility system as a whole, will be for the
benefit of the citizens of the City, and is in the best interest of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Property to Coby S. Hughey and Linda C. Hughey, on terms and
conditions consistent with this Ordinance, together with such additional terms and conditions as
the City Manager, in consultation with the City Attorney, determines are necessary or
appropriate to protect the interests of the City, including, but not limited to, any necessary
changes to the legal description of the Property, as long as such changes do not materially
increase the size or change the character of the Property.
Introduced, considered favorably on first reading, and ordered published this 4th day of
September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DATE: September 18, 2012
STAFF: Kevin Gertig, Lance Smith
Lisa Voytko
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 14
SUBJECT
Items Relating to the High Park Fire Remediation.
A. Second Reading of Ordinance No. 098, 2012, Appropriating Additional Prior Year Reserves in the Water Fund
for Additional High Park Fire Remediation.
B. Resolution 2012-090 Authorizing the Mayor to Sign Additional Intergovernmental Agreements Regarding
Funding of Cache La Poudre Watershed Mitigation in Response to the High Park Fire.
EXECUTIVE SUMMARY
On August 21, City Council approved an emergency ordinance appropriating reserves from the Water Fund to begin
the soil stabilization efforts required to limit the impacts of the High Park Fire on the Cache la Poudre watershed. That
appropriation allowed work to begin on the Hill Gulch, which had been identified as the most critical area comprising
Phase 1 of the effort for the whole 5,657 acres which will require aerial mulching and seeding per the Burn Area
Emergency Response (BAER) report. That work is anticipated to be completed in 2 weeks, allowing the next critical
area, Boyd Gulch, to be treated before October. This Ordinance, unanimously adopted on First Reading on September
4, 2012, seeks $2,000,000 from the Water Fund reserves to tackle the soil stabilization efforts in the Boyd Gulch and
other high-priority areas to be completed in 2012.
On August 21, City Council also approved Resolution 2012-079 authorizing the Mayor to sign two Intergovernmental
Agreements to allow the initial work to be done in Boyd Gulch. With the additional funding being requested through
Ordinance No. 098, 2012, it will be necessary to enter into similar agreements to complete the additional soil
stabilization efforts.
BACKGROUND / DISCUSSION
The additional soil stabilization work that will be done through this Resolution and Ordinance in 2012 will be
coordinated between the City of Greeley, Tri-Districts and the City of Fort Collins, with Greeley serving as the lead with
the contractor, Western States Reclamation. This is the contractor who completed the initial reseeding in Hill Gulch.
The next area of focus is Boyd Gulch, followed by Unnamed #2 and Unnamed #3 Gulches.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading and the Resolution.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - September 4, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: September 4, 2012
STAFF: Kevin Gertig, Lance Smith
Lisa Voytko
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 17
SUBJECT
First Reading of Ordinance No. 098, 2012, Appropriating Additional Prior Year Reserves in the Water Fund for
Additional High Park Fire Remediation.
EXECUTIVE SUMMARY
On August 21, City Council approved an emergency ordinance appropriating reserves from the Water Fund to begin
the soil stabilization efforts required to limit the impacts of the High Park Fire on the Cache la Poudre watershed. That
appropriation allowed work to begin on the Hill Gulch, which had been identified as the most critical area comprising
Phase 1 of the effort for the whole 5,657 acres which will require aerial mulching and seeding per the Burn Area
Emergency Response (BAER) report. That work has begun and is anticipated to be completed in 2 weeks, rather than
the initial estimate of 4 weeks, allowing the next critical area, Boyd Gulch, to be treated before October. This
Ordinance seeks additional funds from the Water Fund reserves to tackle the soil stabilization efforts in the Boyd Gulch
and other high-priority areas.
This Ordinance appropriates $2,000,000 from the Water Fund reserves so that additional mitigation efforts can be
completed in 2012.
BACKGROUND / DISCUSSION
The High Park Fire, which began on June 9, 2012 and ended on July 11, 2012, has affected the Cache la Poudre
watershed. The City has a large vested interest in the quality of water in the Poudre River. The Cache la Poudre
watershed is not owned by Fort Collins Utilities and consequently, it is necessary to work with other governmental
entities and private landowners to effectively address the negative effects of erosion/sediment transport into the River
due to rain on the burn area. Over 70% of the burned area resides on private land, which will not be mitigated without
participation of the City of Fort Collins.
The City of Greeley has entered into an agreement with Western States Reclamation to do similar mitigation in the
Hill Gulch already. That contractor is currently completing the reseeding and mulching necessary to slow the erosion
affecting Hill Gulch and will be ready and available for this effort.
The cooperative efforts after the High Park Fire have identified Boyd Gulch as a priority area for similar efforts. A total
of 5,657 acres require treatment. This funding represents the City of Fort Collins portion of the funds required to treat
this area and possibly other areas in 2012.
Staff will continue to update the City Council and community as more information becomes available. What is known
at this time is that the water quality is, and will continue to be, challenging to treat after any rain or snow melt. Based
on literature of watershed fires, we could experience negative effects for years after this fire. In addition, these
negative effects will change as the years go by with immediate effects being the presence of ash and sediment in the
river and longer term changes to the water quality such as metals concentration and algae growth leading to taste and
odor issues are anticipated. Denver Water for example is still dealing with the Hayman fire more than a decade later.
FINANCIAL / ECONOMIC IMPACTS
This effort will be coordinated through the National Resources Conservation Service (NRCS) through a program called
“Emergency Watershed Protection (EWP)”. The program is designed for recovery measures. The measures must
be environmentally and financially sound. It is possible we will be eligible for up to 75% reimbursement from the
federal agencies and the City would pay the remaining 25%. It is not anticipated that federal funds will be available
to reimburse the City for any work done in 2012. Federal funds may not be available for work done in 2013 either,
although that is not known at this time. However, it is necessary to begin the mitigation efforts immediately.
COPY
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September 4, 2012 -2- ITEM 17
Since the total recovery cost impacts are still being determined at this time, this Ordinance is requesting funding only
for the mitigation efforts related to the Boyd Gulch and other high priority areas in 2012. As further financial
assessments are completed, staff will update the City Council. It is anticipated at this time that a rate increase will be
necessary in 2013 to cover the additional costs associated with the fire mitigation efforts and the increased water
treatment costs.
Our region is known for its high quality water and the economic impact is significant to our city. Many businesses have
located here specifically because our water exceeds drinking water standards.
ENVIRONMENTAL IMPACTS
The City of Fort Collins, along with two other water providers together serve over 320,000 citizens with high quality
drinking water in northern Colorado. In Fort Collins, staff is collaborating with the other agencies to reduce the
negative environmental impact. The fire has increased debris in the river, erosion, and the sediment continues to
degrade water quality.
The City plans to mitigate the areas that have the highest severity by placement of seed and mulch.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
There has not been sufficient time to present this Ordinance to the Water Board although updates on the situation have
been given to the Water Board. The complete mitigation plans will be presented to the Water Board when they are
more fully developed.
ORDINANCE NO. 098, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING ADDITIONAL PRIOR YEAR RESERVES IN THE WATER
FUND FOR ADDITIONAL HIGH PARK FIRE REMEDIATION
WHEREAS, the High Park Fire, which began on June 9, 2012 and ended on July 11,
2012, has affected the Cache la Poudre watershed (the “Watershed”); and
WHEREAS, a formal assessment of the impacts of the High Park Fire has been prepared
by an interagency Burned Area Emergency Response (“BAER”) team, consisting of the Natural
Resources Conservation Agency (“NRCS”), Larimer County (the “County”), the Colorado
Department of Transportation (“CDOT”) and the U.S. Forest Service (“USFS”), and was issued
on July 17, 2012 (the “BAER Report”); and
WHEREAS, considering the severity of the impacts of the High Park Fire, and the
resulting potential for increased soil erosion and related cumulative effects from increased peak
runoff flows and sediment laden flows, and other related impacts, the BAER Report concluded
that the High Park Fire has resulted in emergency conditions for roads, recreation, water
diversion infrastructure, water quality degradation, flood hazard, debris flow hazard, and road
washout hazard, each of which pose a very high level of risk of major loss to human life, safety
and property; and
WHEREAS, in addition, the BAER Report identifies other related emergency conditions
created by the High Park Fire, such as the risk related to recovery of native vegetation, and
identifies a high level of risk to cultural and heritage resources; and
WHEREAS, recent rain events have demonstrated the negative effects of erosion in the
Watershed and on the Cache la Poudre River (the “Poudre River”), a key water source for the
City; and
WHEREAS, in view of the foregoing, there is an urgent need for the City and other
entities that will experience the impacts identified in the BAER Report to act quickly to mitigate
the conditions in the Watershed so as to reduce the potential for these emergency conditions and
related risk to human life, safety and property; and
WHEREAS, the Watershed is largely located on land not owned by the City;
consequently, it is necessary to work with federal and state agencies, the City of Greeley
(“Greeley”), the Tri-Districts (Fort Collins-Loveland Water District, East Larimer County Water
District, and North Weld County Water District) (the “Districts”), and the County to develop an
erosion mitigation plan to effectively address the negative effects of rain, erosion and sediment
transport due to rain on the burn area; and
WHEREAS, on August 21, 2012, the City Council adopted Emergency Ordinance No.
088, 2012, which appropriated prior year reserves in the Water Fund to allow the City to move
forward with Greeley, the Districts and the County to meet the most immediate need by
addressing the highest priority area, Hill Gulch, which represents 1,152 acres of the 5,600 acres
requiring mitigation; and
WHEREAS, upon completion of the mitigation work in the Hill Gulch area, work in the
next highest priority areas in the Watershed will need to proceed as quickly as possible in order
to reduce the impacts to the Watershed to the extent reasonably possible; and
WHEREAS, the Watershed mitigation efforts will continue to be coordinated through the
NRCS, which administers a program called the Emergency Watershed Protection (“EWP”)
program that is designed to prescribe and facilitate recovery measures that are environmentally
and financially sound; and
WHEREAS, the City has worked with local, state and federal agencies to secure possible
recovery funding; and
WHEREAS, on August 21, 2012, the City Council adopted Resolution 2012-079,
authorizing two intergovernmental agreements regarding Watershed mitigation in response to
the High Park Fire, including the commitment of the funds appropriated by this Ordinance for
the above-described immediate response activities; and
WHEREAS, City staff has worked to negotiate additional cost-sharing agreements for the
ongoing mitigation work in the Watershed; and
WHEREAS, there are not currently sufficient City funds appropriated and available to
fund ongoing Watershed mitigation efforts in the remaining weeks of the year during which
conditions are appropriate for the mitigation work; and
WHEREAS, funds are available from the Water Fund prior year reserves for the High
Park remediation in the Boyd Gulch area and other high-priority areas; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the Water Fund
the sum of TWO MILLION DOLLARS ($2,000,000) for High Park Fire remediation activities
as described herein.
-2-
Introduced, considered favorably on first reading, and ordered published this 4th day of
September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of September A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-3-
RESOLUTION 2012-090
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO SIGN ADDITIONAL
INTERGOVERNMENTAL AGREEMENTS REGARDING
FUNDING OF CACHE LA POUDRE WATERSHED MITIGATION
IN RESPONSE TO THE HIGH PARK FIRE
WHEREAS, the High Park Fire, which began on June 9, 2012 and ended on July 11,
2012, has affected the Cache la Poudre watershed (the “Watershed”); and
WHEREAS, a formal assessment of the impacts of the High Park Fire has been prepared
by an interagency Burned Area Emergency Response (“BAER”) team, consisting of the Natural
Resources Conservation Agency (“NRCS”), Larimer County (the “County”), the Colorado
Department of Transportation (“CDOT”) and the U.S. Forest Service (“USFS”), and was issued
on July 17, 2012 (the “BAER Report”); and
WHEREAS, considering the severity of the impacts of the High Park Fire, and the
resulting potential for increased soil erosion and related cumulative effects from increased peak
runoff flows and sediment laden flows, and other related impacts, the BAER Report concluded
that the High Park Fire has resulted in emergency conditions for roads, recreation, water
diversion infrastructure, water quality degradation, flood hazard, debris flow hazard, and road
washout hazard, each of which pose a very high level of risk of major loss to human life, safety
and property; and
WHEREAS, in addition, the BAER Report identifies other related emergency conditions
created by the High Park Fire, such as the risk related to recovery of native vegetation, and
identifies a high level of risk to cultural and heritage resources; and
WHEREAS, recent rain events have demonstrated the negative effects of erosion in the
Watershed and on the Cache la Poudre River (the “Poudre River”), a key water source for the
City; and
WHEREAS, in view of the foregoing, there is an urgent need for the City and other
entities that will experience the impacts identified in the BAER Report to act quickly to mitigate
the conditions in the Watershed so as to reduce the potential for these emergency conditions and
related risk to human life, safety and property; and
WHEREAS, the Watershed is largely located on land not owned by the City;
consequently, it is necessary to work with federal and state agencies, the City of Greeley
(“Greeley”), the Tri-Districts (Fort Collins-Loveland Water District, East Larimer County Water
District, and North Weld County Water District) (the “Districts”), and the County to develop an
erosion mitigation plan to effectively address the negative effects of rain, erosion and sediment
transport due to rain on the burn area; and
WHEREAS, these Watershed mitigation efforts will be coordinated through the NRCS,
which administers a program called the Emergency Watershed Protection (“EWP”) program that
is designed to prescribe and facilitate recovery measures that are environmentally and financially
sound; and
WHEREAS, the City has worked with local, state and federal agencies to secure possible
recovery funding; and
WHEREAS, at this time, no substantial state or federal funding has been identified for post
fire recovery efforts specific to water supplies; and
WHEREAS, City staff has worked with representatives of Greeley, the Districts, and the
County to develop a plan to move forward with and jointly fund and support that Watershed
mitigation work ; and
WHEREAS, on August 21, 2012, the City Council adopted Emergency Ordinance No. 088,
2012, appropriating $626,015 in prior year reserves in the Water Fund for High Park Fire mitigation
work in the highest priority mitigation area, 1152 acres in size, known as Hill Gulch (the “Hill Gulch
Work”); and
WHEREAS, on August 21, 2012, the City Council also adopted Resolution 2012-079,
authorizing intergovernmental agreements with Greeley, the Districts and NRCS to carry out the Hill
Gulch Work; and
WHEREAS, the City has entered into an agreement with Greeley and the Districts, and has
worked with them, as well as with NRCS, in order to proceed with the Hill Gulch Work, using a
reclamation contractor already under contract with Greeley; and
WHEREAS, in order to continue progressing with the Watershed mitigation work, which
includes reseeding and mulching work on as many of the additional 4,498 acres identified in the
BAER Report as critical for stabilization of the Watershed as circumstances allow, the City, Greeley
and the Districts have proposed to continue to fund that work in areas of highest priority at shared
cost (the “Highest Priority Mitigation Work”); and
WHEREAS, the City, Greeley and the Districts expect to continue to share the costs of the
Highest Priority Mitigation Work, although specific cost shares for each portion of said Work have
not been finally determined; and
WHEREAS, on this date, the City Council has adopted on second reading Ordinance No.
098, 2012, appropriating additional prior year reserves in the Water Fund in the amount of
$2,000,000, for additional High Park Fire mitigation work; and
WHEREAS, in order to provide for cooperative cost sharing with Greeley and the Districts
for the Highest Priority Mitigation Work, the City will need to enter into one or more
intergovernmental agreements with Greeley and the Districts, to address each individual geographic
-2-
mitigation area or group of geographic mitigation areas, to the extent funds are available, as the
work proceeds (the “Priority Mitigation IGAs”); and
WHEREAS, the Priority Mitigation IGAs will provide for the City to be responsible for no
more than fifty percent of the costs associated with the Highest Priority Mitigation Work, and will
limit the City’s total obligation for that Work to no more than the funds appropriated in Ordinance
No. 098, 2012; and
WHEREAS, the Priority Mitigation IGAs will require that each portion of the Highest
Priority Mitigation Work be conducted in accordance with the requirements of the NRCS in order
to ensure eligibility for federal funds, should such funds become available, and will provide for
proportional reimbursement to the City in such event; and
WHEREAS, in addition, the County has agreed to work with landowners in the Highest
Priority Mitigation Work areas in order to obtain the authorizations necessary to carry out the Work;
and
WHEREAS, the City is authorized to enter into intergovernmental agreements, such as a grant
agreement, to provide any function, service or facility, under Article II, Section 16 of the Charter of
the City of Fort Collins and Section 29-1-203, C.R.S.; and
WHEREAS, the City Council desires that the City enter into one or more Priority Mitigation
IGAs, as described herein.
NOW, THEREFORE, BE IT RESOLVED BY COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute one or more Priority Mitigation IGAs on
behalf of the City, in such specific form and number consistent with the terms of this Resolution as
the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate
to protect the interests of the City or further the purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th
day of September, A.D. 2012.
Mayor
ATTEST:
City Clerk
-3-
DATE: September 18, 2012
STAFF: John Voss
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 15
SUBJECT
First Reading of Ordinance No. 099, 2012, Amending the City Code and Adopting the First Amendment to the City of
Fort Collins General Employees’ Retirement Plan as Amended and Restated January 1, 2012, to Change the Make-up
of the General Employees Retirement Committee.
EXECUTIVE SUMMARY
The existing structure of the General Employees’ Retirement Committee (GERC) has 6 positions and must include
at least 3 active employee members and only 1 retiree receiving a benefit. The GERC recommends more flexibility
in appointment of committee representatives by changing those 4 positions to be any of the following: an active
employee, a former employee that is vested but not yet receiving a benefit, or a retiree receiving a benefit.
BACKGROUND / DISCUSSION
GERC has discussed the Committee composition and determined this amendment is necessary to guarantee the
largest pool of possible participants for potential membership on the committee in the future.
The following table shows how active employees have declined from 64% to 33% of the participants since 2000.
Participant Data
Net Change December 31, 2011 December 31, 2000
Active Employees (248) 155 403
Terminated Vested 22 136 114
Retired 54 171 117
TOTAL (172) 462 634
Because of the decreased number of active employees in the General Employees Retirement Plan, it seems
appropriate to change the committee composition.
The current committee structure has 6 positions: 1standing and 5 appointees. The standing member is the Financial
Director. The 5 appointees must include 3 active members, 1 retiree, and 1 that could be either an active employee
or a member of the public. One of the active member positions has been vacant since July.
The recommendation is to still have 6 positions: 1 standing (the CFO), and 5 appointees. Four of the five could be
filled by any of the following: active participant employee, terminated vested, or retiree receiving benefits. The fifth
appointed position could be any participant as described before, or an individual who is a taxpaying elector of Fort
Collins. The Ordinance also allows the Financial Officer to designate a Financial Services employee to serve on the
GERC on his or her behalf.
Another recommended change is to the standing member. Recently, the Finance Director position was eliminated and
replaced with the Chief Financial Officer. In addition to correcting the title, language has been added to allow the Chief
Financial Officer to delegate that responsibility to an individual in Financial Services.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
September 18, 2012 -2- ITEM 15
BOARD / COMMISSION RECOMMENDATION
At its July 12 and August 9 meetings, the General Employees’ Retirement Committee discussed and voted to
recommend adoption of the changes.
ATTACHMENTS
1. GERC minutes, July 12 and August 9, 2012
ORDINANCE NO. 099, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS
AND ADOPTING THE FIRST AMENDMENT TO THE CITY OF FORT
COLLINS GENERAL EMPLOYEES’ RETIREMENT PLAN AS AMENDED
AND RESTATED JANUARY 1, 2012, TO CHANGE THE MAKE-UP
OF THE GENERAL EMPLOYEES RETIREMENT COMMITTEE
WHEREAS, the City adopted, effective January 1, 1971, a qualified defined benefit pension
plan known as the City of Fort Collins General Employees’ Retirement Plan (the “Plan”), for the
purpose of providing retirement benefits for certain of its employees; and
WHEREAS, the City adopted a restated Plan to incorporate all prior amendments and other
changes required by law effective January 1, 2012; and
WHEREAS, the Plan was closed to new members in 1998, resulting in an ongoing decrease
in the percentage of active employee members and an increase in the percentage of terminated-
vested and retired members; and
WHEREAS, because of the changing make-up of the member categories participating in the
Plan, the General Employees’ Retirement Committee (the “Retirement Committee”), has
recommended the amendment of the provisions of the City Code and the Plan to permit City Council
more flexibility in appointing individuals to the Retirement Committee from the three member
groups (active employee members, terminated-vested members, and retired members); and
WHEREAS, the City’s Chief Financial Officer, who serves as a standing member of the
Retirement Committee, has requested the flexibility to appoint a designee from within the Financial
Services department, to serve in his place on the Retirement Committee; and
WHEREAS, Article XIV, Section 2 of the Plan authorizes the City Council to amend the
terms of the Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, COLORADO, as follows:
Section 1. That Section 21-87(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 21-87. Membership; term.
(a) The Committee shall consist of six (6) members. The Chief Financial Officer
or his or her designee within Financial Services shall serve as a standing member of
the Committee, and the remaining five (5) members shall be appointed by the City
Council. Of the appointed members, three (3)four (4) shall be either an employees
who areis covered by the Retirement Plan, a terminated-vested member of the Plan,
or a retired member of the Plan who is receiving a monthly retirement benefit. The
fourthfifth appointee shall either be an employee who is covered by the Retirement
Plan or an individual who is a taxpaying elector of the City. The fifth appointee shall
be a retired member of the Plan who is receiving a monthly retirement benefit from
the Plan.
Section 2. That Section 1 of Article XVI of the City of Fort Collins General Employees'
Retirement Plan is hereby amended to read as follows:
Section 1. Appointment and Term of Retirement Committee Members. The
Retirement Committee shall be composed of six (6) members. The City's Director
of FinanceChief Financial Officer or his or her designee within Financial Services
shall be a member of the Retirement Committee and shall keep all records and
minutes of meetings. The other five (5) members of the Retirement Committee shall
be appointed by the City Council to serve at its pleasure and for overlapping terms
designated by the City Council. Of the five (5) appointed members, threefour (4)
shall be either an employees of the City who are Members underis covered by the
Plan, a terminated-vested Member of the Plan, or a retired Member of the Plan who
is receiving a monthly retirement benefit. The fourthfifth appointee shall be either
an employee of the City who is a Member undercovered by the Plan or a tax-paying
elector of the City, and the fifth shall be a Retired Member of the Plan who is
receiving a monthly retirement benefit from the Plan.
Section 3. That the adoption of the amendment of the City of Fort Collins General
Employees’ Retirement Plan by this Ordinance shall not prevent the amendment of said Plan by
resolution in the future.
Introduced, considered favorably on first reading, and ordered published this 18th day of
September, A.D. 2012, and to be presented for final passage on the 2nd day of October, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 2nd day of October, A.D. 2012.
-2-
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-3-
DATE: September 18, 2012
STAFF: Nancy Nichols
Aaron Iverson
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 16
SUBJECT
First Reading of Ordinance No. 100, 2012, Appropriating Unanticipated Grant Revenue in the Transportation Services
Fund for the State Fiscal Year 2012-2013 Safe Routes to School Program.
EXECUTIVE SUMMARY
The City of Fort Collins Transportation Planning Office has received a $27,500 federal grant through the Colorado
Department of Transportation for the FY 2012–13 Safe Routes to School (SRTS) program. This funding will allow the
City’s Safe Routes to School Program, administered and staffed by Transportation Planning, to enhance its pedestrian
and bicycle safety education programs.
BACKGROUND / DISCUSSION
The City of Fort Collins Transportation Planning staff develops and administers the local SRTS program. The success
of the program is based on collaborations with local partners, including Poudre School District, Thompson School
District, Bicycle and Pedestrian Education Coalition (and its local members), Bicycle Colorado, Boys & Girls Clubs of
Larimer County, various City departments (Traffic Operations, Police, Engineering, Streets), individual schools and
parents, and FC Bikes.
Both the 2008 Bicycle Plan and the 2011 Bicycle Safety Education Plan (BSEP) call for the City and community
partners to provide bicycle education for children. The BSEP specifically recommends that at least 11,000 K–12
students are engaged in safety education annually, and that at least one “Train the Trainer” graduate is in each school
in Fort Collins.
A major goal of the overall SRTS program is to double the number of kids who safely bike and walk to school — from
less than 20% of local schoolchildren currently to 40% to 50% by 2015.
Per the grant scope of work, the Fort Collins SRTS program will work with local schools as well as law enforcement
officers during the 2012–13 school year. Specific objectives of the grant include:
• Continuation and expansion of the “Train the Trainer” program to reach an additional 20 PE and other
teachers, in addition to at least 30 parents and volunteers. This program provides instruction on how to deliver
SRTS training to students in local schools.
• Development of new SRTS “Bike Rodeo” instruction kits that will be part of the growing SRTS lending library
of resources for teachers and trainers.
• Training of law enforcement officers in the principles of SRTS to help with safety enforcement in school areas.
• Expansion of the Family Bike Rodeo program, which provides free community events focusing on safe-cycling
instruction and resources (including free helmets for families with low incomes) to help kids and their parents
become safe, confident cyclists.
• Maintenance and transportation of the SRTS bike fleet, which now numbers 40 bicycles ranging from strider
bikes for kindergarteners to single-speed road bikes for middle-school students.
September 18, 2012 -2- ITEM 16
This project directly supports City Plan and the City’s Transportation Master Plan:
City Plan: Policy SW 2.3 - Support Active Transportation
Support means of physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by
continuing bike and pedestrian safety education and encouragement programs, providing law
enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe
use, as outlined in the Pedestrian Plan and Bicycle Plan.
Transportation Master Plan: Policy T 8.1 – Support Active Transportation
Support physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike
and pedestrian safety education and encouragement programs, providing law enforcement, and
maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use.
FINANCIAL / ECONOMIC IMPACTS
The Colorado Department of Transportation (CDOT) is providing 100 percent of the funds, with no required local
match. The funds will be allocated as outlined in the CDOT-approved scope of work (see Attachment 1). The City
can begin utilizing the funds immediately upon City Council’s approval of this appropriation.
Many governmental and nonprofit research organizations are beginning to quantify the economic benefits of active
transportation. Economic savings are a clear result when people shift away from motor vehicle use, particularly for
short trips, and opt instead to walk or bike. These savings are realized by both individual families as well as the larger
community.
Choosing to walk or bike translates to personal savings for families through fewer car trips and reduced costs for
vehicle maintenance and fuel. For the larger community, fewer automobile emissions and a more physically active
populace translate to lower health-care costs by reducing the incidence of disease associated with physical inactivity
and air pollution.
Shifts to active transportation modes also impact the community’s economy through less wear and tear on roadways
(and hence less road maintenance expenditures) and higher home values in areas with less traffic congestion and air
pollution.
ENVIRONMENTAL IMPACTS
Public-health and environmental agencies are recognizing the connection between active transportation choices and
improved health of both people and the environment.
According to the Centers for Disease Control and Prevention:
“Expanding the availability of, safety for, and access to a variety of transportation options and
integrating health-enhancing choices into transportation policy has the potential to save lives by
preventing chronic diseases, reducing and preventing motor-vehicle-related injury and deaths,
improving environmental health, while stimulating economic development and ensuring access for
all people.
With this goal in mind, the Centers for Disease Control and Prevention (CDC) has identified
transportation policies that can have a profound positive impact on health. CDC supports strategies
that can provide a balanced portfolio of transportation choices that supports health and reduces
healthcare costs. Transportation policy can:
• Reduce injuries associated with motor vehicle crashes
• Encourage healthy community design
• Promote safe and convenient opportunities for physical activity by supporting active-
transportation infrastructure
• Reduce human exposure to air pollution and adverse health impacts associated with these
pollutants
September 18, 2012 -3- ITEM 16
• Ensure that all people have access to safe, healthy, convenient, and affordable transportation.”
Programs such as Safe Routes to School help to reduce traffic congestion and air pollution throughout the community
while also promoting healthier, active lifestyles.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
PUBLIC OUTREACH
The 2012–13 SRTS grant application was developed and written by the City’s Transportation Planning staff and the
Bicycle and Pedestrian Education Coalition (BPEC).
Public outreach will continue throughout the school year. Student, teacher, principal, PTA/PTO, and parent feedback
will be used to refine the current and future programs to be responsive to community needs.
ATTACHMENTS
1. 2012–13 SRTS Grant Application
ATTACHMENT 1
ORDINANCE NO. 100, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE
TRANSPORTATION SERVICES FUND FOR THE STATE FISCAL YEAR 2012-2013
SAFE ROUTES TO SCHOOL PROGRAM
WHEREAS, the Safe Routes to School Program established by the Colorado Department of
Transportation (“CDOT”) is designed to promote the safety of students traveling to and from school
and to encourage more students to choose walking or bicycling to and from school; and
WHEREAS, the City’s Transportation Planning Division has received a Safe Routes to
School Program (the “Program”) grant in the amount of $27,500 from CDOT for State fiscal year
2013 - 2014; and
WHEREAS, the grant funds will be used to continue and expand the “Train the
Trainer”program, develop new Safe Routes to School “Bike Rodeo” instruction kits, train law
enforcement officers in the principles of Safe Routes to School, expand the Family Bike Rodeo
program, and maintain and transport the Safe Routes to School bike fleet; and
WHEREAS, there is no requirement for local matching funds associated with the Program;
and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the total
amount of such supplemental appropriations, in combination with all previous appropriations for
that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of grant funds totaling $27,500
will not cause the total amount appropriated in the Transportation Services Fund - FY 2012-2013
Safe Routes to School program to exceed the current estimate of actual and anticipated revenues
to be received during the fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated for expenditure from unanticipated grant revenue in the
Transportation Services Fund the sum of TWENTY-SEVEN THOUSAND FIVE HUNDRED
DOLLARS ($27,500) for the Safe Routes to School program.
Introduced, considered favorably on first reading, and ordered published this 18th day of
September, A.D. 2012, and to be presented for final passage on the 2nd day of October, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 2nd day of October, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DATE: September 18, 2012
STAFF: Wanda Nelson
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 17
SUBJECT
First Reading of Ordinance No. 101, 2012, Adjusting the Terms of the Youth Advisory Board to Coincide with the
School Year.
EXECUTIVE SUMMARY
At the request of the Youth Advisory Board, and at the direction of Council, this Ordinance amends the terms of
members of the Youth Advisory Board so that terms begin June 1 and expire May 31. This change will allow newly
appointed members to include Youth Advisory Board meetings and activities when planning for the upcoming school
year. The Youth Advisory Board does not meet during the summer months.
The terms of all City boards and commissions expire on December 31 as required by Ordinance No. 070, 2000. This
Ordinance provides that the next time the Boards and Commissions Manual is updated, the term expiration dates of
the City Boards and Commissions will be addressed in the Manual.
BACKGROUND / DISCUSSION
At its June 12, 2012 work session, City Council held a periodic review of the Youth Advisory Board (the “Board”) to
review its functions and goals. During the course of that review, representatives of the Board requested that
appointments of new members be moved to the summer so that new Board members would start at the beginning of
the school year. City Council expressed support for the adjustment in the Board terms and requested that Council
action be brought forward.
This Ordinance will immediately shorten the terms of all Youth Advisory Board current members' terms that expire on
or after December 31, 2013 so that their terms will expire on May 31, rather than December 31, in the year any such
member's current term expires. Those positions on the Youth Advisory Board that expire December 31, 2012,
whether vacant or currently filled, will be appointed with a term expiration date of May 31, 2016. Vacant or expiring
terms will be appointed by the Council this December.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
This Ordinance is brought forward at the request of the Youth Advisory Board during its periodic review by Council in
June.
ORDINANCE NO. 101, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADJUSTING THE TERMS OF THE YOUTH ADVISORY BOARD
TO COINCIDE WITH THE SCHOOL YEAR
WHEREAS, the City currently has several boards and commissions appointed by the City
Council; and
WHEREAS, on June 20, 2000, the City Council adopted on second reading Ordinance No.
70, 2000, extending the terms of all members of City boards and commissions through December
31 of the calendar year such terms expire; and
WHEREAS, at its June 12, 2012 work session, City Council held a periodic review of the
Youth Advisory Board (the “Board”) to review its functions and goals; and
WHEREAS, during the course of that review, representatives of the Board requested that
appointments of new members be moved to the summer so that new Board members would start at
the beginning of the school year; and
WHEREAS, City Council agreed that such an adjustment would be beneficial; and
WHEREAS, in order to maintain consistency, staff recommends that the terms of all of the
current members of the Board be shortened so as to expire on May 31 rather than December 31 of
the year of expiration; and
WHEREAS, City Council wishes to adjust the terms of the members of the Board to expire
on May 31, which coincides with the end of the school year, so that new members’ terms will begin
on June 1; and
WHEREAS, information pertaining to membership lists, descriptions of each board and
commission, meeting schedules, conflict of interest guidelines, and general information regarding
membership limitations, attendance policies and other responsibilities of the City’s boards and
commissions is contained in a Boards and Commissions Manual (the “Manual”), maintained by the
City Clerk, and such Manual was last adopted by the City Council by Resolution 2001-026; and
WHEREAS, Resolution 2001-026 provides that any amendments to the Manual that
constitute policy change be adopted only by City Council by resolution; and
WHEREAS, staff recommends that the Manual be amended to address the term expiration
dates of the City boards and commissions when the Manual is next updated with substantive policy
changes approved by City Council resolution.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That, notwithstanding any provisions of the City Code or prior ordinances or
resolutions of the City Council to the contrary, the terms of all current members of the Youth
Advisory Board whose term expires on or after December 31, 2013 shall be shortened to expire on
May 31 in the year any such member's current term expires.
Section 2. That those positions on the Youth Advisory Board that expire December 31,
2012, whether vacant or currently filled, shall be succeeded by appointments for terms expiring on
May 31, 2016.
Section 3. That at such time that the Manual is next updated by City Council resolution,
such changes will address the expiration date of the City boards and commissions.
Introduced, considered favorably on first reading, and ordered published this 18th day of
September, A.D. 2012, and to be presented for final passage on the 2nd day of October, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 2nd day of October, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DATE: September 18, 2012
STAFF: Janet Miller
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 18
SUBJECT
Resolution 2012-091 Amending Resolution 2006-124 to Revise the Process for City Council Evaluation of the
Performance of the City Manager, City Attorney and Municipal Judge.
EXECUTIVE SUMMARY
Resolution 2006-124 outlines the process for completion of the annual formal performance evaluation of the City
Manager, City Attorney and Municipal Judge (the “Employees”), as well as the process for determining compensation
and benefit changes. In order to improve communication and provide more timely information to Council, the due date
for Employee self-evaluations and compensation requests will be moved from 4 days prior to the Employees annual
review to 20 days prior.
BACKGROUND / DISCUSSION
Resolution 2006-124 establishes the formal process for evaluating and documenting job performance of the City
Attorney, City Manager and Municipal Court Judge, as well as the process for determining compensation and benefit
changes. Accordingly, an annual performance evaluation is completed by the Mayor and Council Members using the
process outlined by resolution. The Resolution modifies the due date for the Employee self-evaluations and
compensation requests.
In order to improve communication and provide additional time for Council to review information in preparation for the
annual review, changes are needed in the defined process steps and deadlines. Specifically, the Employees will
provide Council with self-evaluations as well as compensation requests no later than 20 days prior to the annual
review. This deadline is currently 4 days prior to the annual review.
This revision will improve the exchange of information between Employees and Council and improve the quality of the
annual performance evaluation.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2012-091
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING RESOLUTION 2006-124 TO REVISE THE PROCESS FOR CITY COUNCIL
EVALUATION OF THE PERFORMANCE OF THE CITY MANAGER,
CITY ATTORNEY AND MUNICIPAL JUDGE
WHEREAS, the City Manager, City Attorney and Municipal Judge are appointed by the City
Council (the “Council”) under the provisions of the City Charter; and
WHEREAS, the Municipal Judge is appointed for a two-year term, and the City Manager
and City Attorney serve terms of indefinite duration; and
WHEREAS, the City Council is responsible for supervising the performance of all three of
these employees and fixing their compensation; and
WHEREAS, it is essential that these employees perform their duties with integrity,
professionalism and effectiveness; and
WHEREAS, the City Council meets with these employees semi-annually in executive
session to review their performance; and
WHEREAS, the more formal review of these employees’ performance (the “annual review”)
takes place in November of each year; and
WHEREAS, the City Council has, through the adoption of Resolutions 2000-123 and 2001-
018, and 2006-124, and developed and approved a process for conducting the annual review; and
WHEREAS, the City Council wishes to make certain revisions to that process pertaining to
the order in which the employees and Councilmembers exchange information related to the annual
review.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Resolution 2006-124 is hereby amended so that the annual, formal evaluation of the
City Manager, City Attorney and Municipal Judge shall be conducted in accordance with the
following guidelines:
Section 1. The annual, formal evaluation of the City Manager and City Attorney (the
“Employees”) shall be conducted as follows:
A. Each year, a form for evaluation of each Employee’s performance, based on the
Employee’s job duties, shall be prepared by the Human Resources Director in
consultation with the Mayor, Mayor Pro Tem and the Employees. That form shall
be distributed to each Councilmember no less than twenty (20) days prior to the date
of the Employee's annual review. The form shall be completed by each
Councilmember. If any Councilmember believes that he or she is not sufficiently
familiar with the Employee's performance to evaluate a particular aspect of the
Employee's performance, the Councilmember need not complete that portion of the
evaluation form.
CB. Not later than four (4)twenty (20) days prior to the annual review, the Employees
shall provide the Council with their self-evaluations, using the form that has been
provided to Councilmembers, together with containing such additional information
as they may consider appropriate, together with and shall also provide their
compensation requests for the ensuing year and any proposed contract revisions.
BC. No later than ten (10) days prior to the annual review, the all Councilmembers shall
submit completed evaluation forms completed by the Councilmembers shall be
submitted to the Human Resources Director.
D. Not later than five (5) days prior to the annual review, the Human Resources Director
shall distribute to all Councilmembers and the appropriate Employee: (1) copies of
each completed evaluation form; (2) for distribution to the Council and the
Employees, together with: (1) a composite of all such forms; (23) pertinent
information regarding the total compensation paid to the persons holding comparable
positions of employment in other comparable Colorado Front Range cities; and (34)
any other information that may be considered pertinent by the Human Resources
Director, the Council or the Employees.
DE. Prior to Council’s discussion of the proposed compensation and benefits of the
Employees, the Mayor and Mayor Pro Tem shall meet with each Employee to
discuss the Employee’s compensation request.
EF. Any change in the compensation of the Employees for the ensuing calendar year
shall be approved by the Council by ordinance. That ordinance shall be adopted by
the Council in sufficient time for the change in compensation to take effect as of the
first full pay period of the ensuing year. In the event that the Council and either
Employee agree upon any revisions to the Employee’s employment contract for the
ensuing year, a resolution approving such revision(s) shall be adopted upon first or
second reading of the ordinance.
FG. All Councilmembers, irrespective of their evaluation of the Employees, are
encouraged to meet individually with the Employees to discuss their performance.
Section 2. The annual, formal evaluation of the Municipal Judge shall be conducted in
accordance with the following guidelines:
A. A form for evaluation of the Municipal Judge’s performance shall be prepared by the
Human Resources Director in consultation with the Mayor, Mayor Pro Tem and
Municipal Judge and distributed to each Councilmember no less than twenty (20)
calendar days prior to the Municipal Judge’s annual review. The form shall address
the Municipal Judge’s judicial duties, administrative duties and Liquor Licensing
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Authority duties. The form shall be completed by each Councilmember. If any
Councilmember believes that he or she is not sufficiently familiar with the Municipal
Judge’s performance to evaluate a particular aspect of the Municipal Judge’s
performance, the Councilmember need not fill out an evaluation form.
B. On or before October 15 of each year in which the Municipal Judge is requesting
reappointment, Municipal Court prosecutors, defense attorneys who have worked on
Municipal Court cases, and attorneys who have appeared at Liquor Licensing
Authority meetings shall be provided with copies of an evaluation form and asked
to evaluate the performance of the Municipal Judge. The form shall be prepared by
the Municipal Judge and the Human Resources Director in consultation with the
Mayor and Mayor Pro Tem. The names of all persons submitting completed forms
shall be provided to the Municipal Judge, together with a composite of the ratings
and comments on the completed forms.
C. Not later than twenty (20) days prior to the annual review, the Municipal Judge shall
provide to the City Council a self-evaluation containing such information as he or
she may consider appropriate, together with his or her compensation request for the
ensuing year and any proposed contract revisions.
CD.Not later than ten (10) days prior to the annual review of the Municipal Judge, all
completed evaluation forms and supplemental materials referenced in Section A and
B above shall be submitted to the Human Resources Director for distribution to the
Council and the Municipal Judge together with: (1) a composite of the forms
completed by the Councilmembers; (2) pertinent information regarding the total
compensation paid to the municipal judges of other comparable Colorado Front
Range cities; and (3) any other information that may be considered pertinent by the
Human Resources Director, the Council or the Municipal Judge.
DE. Throughout each year, “customer comment” forms shall also be made available,
through means recommended by the Municipal Judge, to defendants, prosecution and
defense witnesses, attorneys and other participants in the Municipal Court and liquor
licensing processes. The forms for this purpose shall be prepared by the Municipal
Judge in consultation with the Human Resources Director, Mayor and Mayor Pro
Tem. All persons completing such forms shall be asked to sign their names if they
wish to have their comments forwarded to the City Council for its use in reviewing
the performance of the Municipal Judge. They shall also be told that the Human
Resources Director and the members of the City Council will be provided with
copies of their signed, completed forms, and that the Municipal Judge will receive
a composite of all completed forms, together with the names of those persons
submitting the forms. A copy of each signed, completed form shall be provided to
the City Council on a quarterly basis. At the same time, the Municipal Judge shall
receive a composite of the ratings and comments contained in such forms, together
with the names of the persons submitting the forms.
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E. Not later than four (4) days prior to the annual review, the Municipal Judge shall
provide to the City Council a self-evaluation containing such information as he or
she may consider appropriate, together with his or her compensation request for the
ensuing year and any proposed contract revisions.
F. Prior to Council’s discussion of the proposed compensation and benefits of the
Employees, the Mayor and Mayor Pro Tem shall meet with the Municipal Judge to
discuss the Judge’s compensation request.
G. Any change in the compensation of the Municipal Judge for the ensuing calendar
year shall be approved by the Council by ordinance. That ordinance shall be adopted
by the Council in sufficient time for the change in compensation to take effect as of
the first full pay period of the ensuing year. In the event that the Council and the
Municipal Judge agree upon any revisions to the Municipal Judge's employment
contract for the ensuing year, a resolution approving such revision(s) shall be
adopted upon first or second reading of the ordinance.
H. All Councilmembers, irrespective of their evaluation of the Municipal Judge, are
encouraged to meet individually with the Municipal Judge to discuss the Municipal
Judge's performance.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th
day of September A.D. 2012.
Mayor
ATTEST:
City Clerk
-4-
DATE: September 18, 2012
STAFF: Laurie Kadrich
Ted Shepard
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 23
SUBJECT
Second Reading of Ordinance No. 092, 2012, Amending Certain Provisions of the Land Use Code to Afford Better
Regulation of Multi-Family, High Density Housing Developments.
EXECUTIVE SUMMARY
At City Council’s direction, the Community Development and Neighborhood Services (CDNS) department analyzed
what immediate measures Council could consider to help mitigate adverse impacts of current and future multi-family
housing in areas adjacent to single family neighborhoods. This Ordinance, adopted 6-1 (Kottwitz) on First Reading
on September 4, 2012 will:
1. require Medium Density Mixed-Use Neighborhood (MMN) land use and development standards for all multi-
family projects, particularly outside the Transit-Oriented Development (TOD) Overlay Zone.
2. modify the Neighborhood Commercial zone district to ensure a significant commercial component.
3. require an operation, management and security study for larger multi-family developments.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - September 4, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: September 4, 2012
STAFF: Laurie Kadrich
Ted Shepard
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 18
SUBJECT
First Reading of Ordinance No. 092, 2012, Amending Certain Provisions of the Land Use Code to Afford Better
Regulation of Multi-Family, High Density Housing Developments.
EXECUTIVE SUMMARY
At City Council’s direction, the Community Development and Neighborhood Services (CDNS) department analyzed
what immediate measures Council could consider to help mitigate adverse impacts of current and future multi-family
housing in areas adjacent to single family neighborhoods. Three measures were suggested for immediate adoption:
1. require Medium Density Mixed-Use Neighborhood (MMN) land use and development standards for all multi-
family projects, particularly outside the Transit-Oriented Development (TOD) Overlay Zone.
2. modify the Neighborhood Commercial zone district to ensure a significant commercial component.
3. require an operation, management and security study for larger multi-family developments.
BACKGROUND / DISCUSSION
City Council has reviewed options with staff during the July 24, 2012 and August 14, 2012 Work Sessions in response
to residents’ concerns about the increasingly adverse impacts of larger multi-family developments near existing single
family residential neighborhoods. Staff has proposed a three (3) phase approach to addressing concerns (see the
following tables). This Ordinance implements Phase 1 of the three phase approach. Based on input received from
City Council and the Planning and Zoning Board, two modifications were made to the draft ordinances presented
during the work session. The first adds the operations, management and security plan as a submittal requirement,
strengthening compatiblity with existing neighborhoods and uses by addressing ongoing issues not directly related
to the Land Use Code. The second removes the threshold of 50 units to “trigger” the operations, management and
security requirement. Staff will then have flexibility in reviewing operations, management and security requirements
based on the compatibility with existing neighborhoods and uses for any sized project on an as-needed basis.
Phase 1- proposed LUC “Immediate” changes:
Purpose: To strengthen compatibility to the existing neighborhoods.
• Require Division 4.6 (D2-D4) & (E) of the MMN (Land Use and Development) standards to apply to all multi-
family projects by incorporating those sections into the Land Use Code (LUC) General Standards. In addition,
a new provision would lower the threshold of the number of buildings at which point the variety among
repeated buildings would be required.
What this will accomplish: The intent of the MMN Zone District is to “function together with surrounding low
density neighborhoods (typically the LMN zone district)”. By bringing these standards into the General
Standards, all multi-family projects would need to comply with the land use and development standards
relating to density, mix of housing types, lot pattern, parks, recreation and open space, block size and
structure, minimum building frontage, etc. The new provision to enhance variety among repeated buildings
lowers the threshold from five to three buildings that would require two distinctly different building designs.
Similarly the threshold is lowered from seven to five buildings that would require three distinctly different
building designs. Adding these requirements to the General Development standards will increase
“compatibility” to the single-family existing neighborhoods on a city-wide basis.
Requirements that are specific to the TOD, however, will remain in place and not be superseded by this new
code section. The existing TOD standards are intended to encourage land uses, densities and urban design
along the Mason Corridor. The exempted standards pertain to a required minimum mix of housing types,
access to a central feature or gather place and height and need not be duplicated. As with all multi-family
COPY
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September 4, 2012 -2- ITEM 18
development, projects in the TOD must still comply with applicable neighborhood compatibility criteria in
Section 3.5.1.
• Modify 4.23 (D)(2) in the Neighborhood Commercial Zone to restrict 100% secondary uses such as residential
development on land parcels of 5 acres or less, rather than the current allowance of 10 acres or less.
What this will accomplish: This would place further emphasis that the NC zone is geared toward providing
neighborhood commercial services and not a multi-family zone.
• Add 4.6 (E)3 – Operations, Management and Security Study for Multi-Family Dwellings to the LUC.
What this will accomplish: This will ensure that the development has an ongoing plan for mitigating tenant
activities that may not be tied directly to Land Use Code standards yet may affect the surrounding
neighborhoods that are available for review and comment during the development review process. For
example, the plan would address such issues as after-hours security, parking enforcement, landscaping
upkeep and other aspects of local management services. The original proposal included a minimum of 50
units in order to “trigger” an operations plan. This requirement has been deleted based upon comments
received from the Council, the Planning and Zoning Board and the Land Use Code Committee.
Table 1. July Work Session
Issues Process Follow-up
Source SHAP Parking Plan WCNP Update
NC Intensity vs. Density X
NC Mitigation of increased
density with parks X
NC
Evaluate cumulative
impacts of development,
including traffic, noise,
and parking.
XXX
NC Compatibility and
buffering X
NC Parking overflow X
Staff
Community
Evaluate Prescriptive
Standards for 4+ per unit
development
X
Staff
Community
Define a variety of multi-
family housing types,
compatibility
X
NC = Neighborhood Coalition
SHAP = Student Housing Action Plan
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September 4, 2012 -3- ITEM 18
Table 2. August Work Session
SUMMARY OF OPTIONS AND TIMELINE TABLE
2012 Implementation
Phasing
(1,2,3) Timeline Issues
Suggested Methods for Addressing Issues
LUC
Change SHAP
Parking
Plan
WCNP
Update
1 Aug. 14 -
Council work
session;
Aug. 16 -
Planning and
Zoning Board;
Sept. 4 -
Ordinance
Compatibility:
MMN Standards
NC zone
Operating Review
T
2 Sept. 14 -
Planning and
Zoning Board
work session;
Sept. 20 - P&Z
hearing;
Oct. 9 - Council
work session;
Nov. 6 or Nov.
20 - Ordinance
Intensity Measure
TOD
Student Housing
T
3 Oct. 2 -
Council
considers
Parking Plan
Parking overflow
T
2013 and Beyond
Implementation
3 Oct. 9 -
Council work
session
Traffic Options
Prospect*
3 Oct 23 -
Council work
session
COPY
COPY
COPY
COPY
September 4, 2012 -4- ITEM 18
BOARD / COMMISSION RECOMMENDATION
The Land Use Code changes have been introduced to the Planning and Zoning Board during its August 16 meeting
and will be considered for recommendation during a Special Hearing on September 13, 2012. Minutes will be provided
for Second Reading of the Ordinance.
PUBLIC OUTREACH
Numerous public outreach efforts were made through the Student Housing Action Plan process, meetings with
neighbors and Council work sessions. These changes reflect requests expressed during these processes and other
public hearing comments.
ATTACHMENTS
1. August 14, 2012 Work Session Summary
2. Transit Oriented Development Overlay Zone map
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ORDINANCE NO. 092, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN PROVISIONS OF THE LAND USE CODE
TO AFFORD BETTER REGULATION OF MULTI-FAMILY, HIGH DENSITY
HOUSING DEVELOPMENTS
WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, concerns have arisen within the community and among the members of the
City Council regarding the cumulative effect of the development of multi-family housing and the
potential adverse impacts of such development in areas adjacent to the development that are of a
single-family residential nature; and
WHEREAS, upon the request of the City Council, City staff has developed and proposed
certain revisions to the Land Use Code which are designed to assist in prompt resolution of some
of the problems and impacts that are created by the proliferation of multi-family housing while,
at the same time, City staff is pursuing additional measures that may be appropriate; and
WHEREAS, City Council has determined that requiring the Medium Density Mixed-Use
Neighborhood Land Use and Development Standards to be applied to all multi-family projects
City-wide and modifying the Neighborhood Commercial Zone District provisions to ensure that
a significant commercial component is included within multi-family housing projects and
requiring that all multi-family housing projects develop and present to the City an operation,
management and security plan, is in the best interests of the City; and
WHEREAS, following significant public outreach and consideration by the Planning and
Zoning Board, the City Council has determined that the proposed revisions are in the best
interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Division 3.8 of the Land Use Code is hereby amended by the
addition of a new subsection 3.8.30 entitled “Multi-Family Dwelling Development Standards”
which reads in its entirety as follows:
3.8.30 Multi-Family Dwelling Development Standards
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(A) Purpose/Applicability. The following standards apply to all multi-family
developments and are intended to promote variety in building form and product,
visual interest, access to parks, pedestrian-oriented streets, and compatibility with
surrounding neighborhoods. Multi-family developments in the Transit-Oriented
Development (TOD) Overlay Zone are exempt from subsections (B), (C), and (E)
of this Section.
(B) Mix of Housing Types. A complete range of the permitted housing types is
encouraged in a neighborhood and within any individual development plan, to the
extent reasonably feasible, depending on the size of the parcel. The following
minimum standards are intended to promote such variety:
(1) A minimum of two (2) housing types shall be required on any
development parcel sixteen (16) acres or larger, including parcels part of a
phased development. A minimum of three (3) housing types shall be
required on any development parcels thirty (30) acres or larger.
(2) Lot sizes and dimensions shall be varied for different housing types to
avoid monotonous streetscapes. For example, larger housing types on
larger lots are encouraged on corners. Smaller lots abutting common open
spaces are encouraged.
(3) The following list of housing types shall be used to satisfy this
requirement:
(a) Small lot single-family detached dwellings on lots containing less
than six thousand (6,000) square feet.
(b) Two-family dwellings.
(c) Single-family attached dwellings.
(d) Mixed-use dwelling units.
(e) Group homes.
(f) Multifamily dwellings.
(4) Lot pattern. The lot size and layout pattern shall be designed to allow
buildings to face toward the street.
(C) Access to a park, central feature or gathering place. At least ninety (90) percent
of the dwellings in all development projects shall be located within one thousand
three hundred twenty (1,320) feet (one-quarter [¼] mile) of either a neighborhood
park, a privately owned park or a central feature or gathering place that is located
either within the project or within adjacent development, which distance shall be
measured along street frontage without crossing an arterial street. Such parks,
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central features or gathering places shall contain one (1) or more of the following
uses:
(1) Public parks, recreation areas or other open lands.
(2) Privately owned parks, meeting the following criteria:
(1) Size. In development projects greater than two (2) acres in gross
area, such private parks must be a minimum of ten thousand
(10,000) square feet. In development projects with a gross area of
two (2) acres or less, such private parks must be a minimum of six
(6) percent of the gross site area.
(b) Location. Such parks shall be highly visible, secure settings
formed by the street layout and pattern of lots and easily observed
from streets. Rear facades and rear yards of dwellings shall not
abut more than two (2) sides or more than fifty (50) percent of the
perimeter frontage of the park.
(c) Accessibility. All parts of such parks shall be safely and easily
accessible by pedestrians, and open to the public.
(d) Facilities. Such parks shall consist of multiple-use turf areas,
walking paths, plazas, pavilions, picnic tables, benches or other
features for various age groups to utilize.
(e) Ownership and Maintenance. Such parks may, in the discretion of
the city, be acquired by the city (through dedication or purchase),
or be privately owned and maintained by the developer or property
owners' association.
(f) Storm Drainage. When integrating storm drainage and detention
functions to satisfy this requirement, the design of such facilities
shall not result in slopes or gradients that conflict with other
recreational and civic purposes of the park.
(3) Community facilities or neighborhood support/recreation facilities (which
are permitted as an accessory use to housing). If such facility is smaller
than the required minimum size for privately owned parks as required in
subparagraph (b) above, then the facility shall be physically integrated
with such park space as needed to meet the required minimum size.
(D) Block Requirements. All development shall comply with the applicable standards
set forth below, unless the decision maker determines that compliance with a
specific element of the standard is infeasible due to unusual topographic features,
existing development, safety factors or a natural area or feature:
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(1) Block structure. Each multi-family project shall be developed as a series
of complete blocks bounded by streets (public or private). (See Figures A
through F). Natural areas, irrigation ditches, high-voltage power lines,
operating railroad tracks and other similar substantial physical features
may form up to two (2) sides of a block.
(2) Block size. All blocks shall be limited to a maximum size of seven (7)
acres.
(3) Minimum building frontage. Forty (40) percent of each block side or fifty
(50) percent of the block faces of the total block shall consist of either
building frontage, plazas or other functional open space.
(E) Buildings.
(1) The portion of a building located within a radius of seventy-five (75) feet
of the right-of-way of an intersection of two (2) arterial streets may
contain an additional fourth story.
(2) The portion of a building within a radius of fifty (50) feet of the right-of-
way of any street intersection (except an arterial/arterial intersection) may
contain an additional fourth story.
(3) Minimum setback from street right-of-way: none.
Figure A
Example of Shopping Center on One Block
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Figure B
Example of Park/Civic Block
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Figure C
Example of Garden Apartment Block
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Figure D
Example of Townhouses and Small Lot Houses
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Figure E
Example of Bungalow Block
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Figure F
Example of Office Block
(F) Design standards for multi-family dwellings.
(1) Orientation and setbacks. Setbacks from the property line of abutting
property containing single- and two-family dwellings shall be twenty-five
(25) feet.
(2) Variation among repeated buildings. For any development containing at
least three (3) and not more five (5) buildings (excluding
clubhouses/leasing offices), there shall be at least two (2) distinctly
different building designs. For any such development containing more
than five (5) buildings (excluding clubhouses/ leasing offices), there shall
be at least three (3) distinctly different building designs. For all
developments, there shall be no more than two (2) similar buildings placed
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next to each other along a street, street-like private drive or major
walkway spine. Buildings shall be considered similar unless they vary
significantly in footprint size and shape, architectural evaluations and
entrance features, within a coordinated overall theme of roof forms,
massing proportions and other characteristics. To meet this standard, such
variation shall not consist solely of different combinations of the same
building features.
(3) Variation of color. Each multi-family building shall feature a palette of
muted colors, earth tone colors, natural colors found in surrounding
landscape or colors consistent with the adjacent neighborhood. For a
multiple structure development containing at least forty (40) and not more
than fifty-six (56) dwelling units, there shall be at least two (2) distinct
color schemes used on structures throughout the development. For any
such development containing more than fifty-six (56) dwelling units, there
shall be at least three (3) distinct color schemes used on structures
throughout the development. For all developments, there shall be no more
than two (2) similarly colored structures placed next to each other along a
street or major walkway spine.
(4) Entrances. Entrances shall be made clearly visible from the streets and
public areas through the use of architectural elements and landscaping.
(5) Roofs. Roof lines may be either sloped, flat or curved, but must include at
least two (2) of the following elements:
(a) The primary roof line shall be articulated through a variation or
terracing in height, detailing and/or change in massing.
(b) Secondary roofs shall transition over entrances, porches, garages,
dormers, towers or other architectural projections.
(c) Offsets in roof planes shall be a minimum of two (2) feet in the
vertical plane.
(d) Termination at the top of flat roof parapets shall be articulated by
design details and/or changes in materials and color.
(e) Rooftop equipment shall be hidden from view by incorporating
equipment screens of compatible design and materials.
(6) Facades and walls. Each multi-family dwelling shall be articulated with
projections, recesses, covered doorways, balconies, covered box or bay
windows and/or other similar features, dividing large facades and walls
into human-scaled proportions similar to the adjacent single- or two-
family dwellings, and shall not have repetitive, undifferentiated wall
planes. Building facades shall be articulated with horizontal and/or
vertical elements that break up blank walls of forty (40) feet or longer.
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Facade articulation may be accomplished by offsetting the floor plan,
recessing or projection of design elements, change in materials and/or
change in contrasting colors. Projections shall fall within setback
requirements.
(7) Colors and materials. Colors of non-masonry materials shall be varied
from structure to structure to differentiate between buildings and provide
variety and individuality. Colors and materials shall be integrated to
visually reduce the scale of the buildings by contrasting trim, by
contrasting shades or by distinguishing one (1) section or architectural
element from another. Bright colors, if used, shall be reserved for accent
and trim.
(G) Operations, management and security plan for multi-family dwellings. Multi-
family developments shall provide to the City an operations, management and
security plan prepared by a professional qualified in the areas of property or
facility management, property maintenance or other relevant discipline. The
contents of the operations, management and security plan shall be established by
the Director in the submittal requirements as provided in Section 2.2.3. The
decision maker shall review the plan to determine whether it is adequate to protect
the health, safety and welfare of the occupants of the development and
neighboring areas, and shall not approve any development if the plan for such
development is not determined to be adequate. The development, once approved,
shall remain consistent with the plan throughout the life of the development.
Section 2. That Division 4.6(D) and (E) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.6 MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (M-M-N)
. . .
(D) Land Use Standards.
(1) Density. Residential developments in the Medium Density Mixed-Use
Neighborhood District shall have an overall minimum average density of
twelve (12) dwelling units per net acre of residential land except that
residential developments (whether approved pursuant to overall development
plans or project development plans) containing twenty (20) acres or less shall
have an overall minimum average density of seven (7) dwelling units per net
acre of residential land. The requirements of this paragraph shall not apply to
mixed-use dwellings in multistory mixed-use buildings.
(a) The minimum residential density of any phase in a multiple-phase
development plan shall be seven (7) dwelling units per net acre of
residential land.
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(2) Secondary Uses. All residential uses, parks and recreational facilities and
community facilities are considered the primary uses of this zone district. All
other permitted uses are considered secondary uses in this zone district and,
for projects containing ten (10) or more acres, together shall occupy no more
than fifteen (15) percent of the total gross area of any development plan. If
the project contains less than ten (10) acres, the development plan must
demonstrate how it contributes to the overall mix of land uses within the
surrounding area, but shall not be required to provide a mix of land uses
within the development.
(3) Building height. Buildings shall be limited to a maximum of three (3)
stories.
Section 3. That Section 4.23(D)(2) of the Land Use Code is hereby amended to read
as follows:
(D) Land Use Standards.
(1) District Boundaries/Edges. Land use boundaries and density changes in the
Neighborhood Commercial District shall occur at mid-block locations to the
maximum extent feasible, rather than at streets (so that similar buildings face
each other).
(2) Secondary Uses. All residential permitted uses, except mixed use dwellings
in multistory mixed use buildings, shall be considered secondary uses in this
zone district and, for projects containing five (5) or more acres, together shall
occupy no more than thirty (30) percent of the total gross area of any
development plan. If the project contains less than five (5) acres, the
development plan must demonstrate how it contributes to the overall mix of
land uses within the surrounding area, but shall not be required to provide a
mix of land uses within the development.
Introduced, considered favorably on first reading, and ordered published this 4th day of
September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DATE: September 18, 2012
STAFF: John Voss
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 24
SUBJECT
First Reading of Ordinance No. 102, 2012, Authorizing and Approving the Execution and Delivery by the City of a Site
and Improvement Lease and a Lease Purchase Agreement and Related Documents, Concerning the Leasing by the
City of Open Space and Natural Areas, a Deicing Materials Storage Facility and a Centralized Police Services Building,
to Refinance the City’s 2004 Lease Agreement at a Lower Interest Rate; Ratifying Action Previously Taken; and
Providing Other Matters Related Thereto.
EXECUTIVE SUMMARY
Circumstances are favorable to refinance the 2004 Certificates of Participation (COPs). Bank of America has proposed
terms for the new debt that result in a net present value savings of $4.8 million and equates to 13.4% of the refunded
principal. The 2012 debt will mature in the same time frames as before: Police through 2026, Natural Areas through
2019, and Transportation through 2024.
BACKGROUND / DISCUSSION
In 2004 COPs of $48.7 million were issued to acquire open space areas that included Soapstone, Bobcat Ridge,
Andrijeski, and Coyote Ridge; construct a new police facility; and construct a sand/salt storage facility for the streets
department. Debt payments go through June 1, 2026. The average coupon interest on the remaining 2004 certificates
is 5.19%.
Although market rates have been low for some time now, refinancing was delayed because the 2004 debt is not
callable until June 1, 2014. An escrow account will continue to make payments on the 2004 COP’s until the call date.
Bank of America submitted the best and lowest proposal among four proposals received through a Request for
Proposal process. Terms are 1.82% through 2026, callable in 5 years, and a step down payment structure relating
to each project that is similar to the existing debt service schedule.
The settlement date for issuing the refunding certificates is expected to occur before October 18, 2012.
Supporting the City in this financing deal are the law firm of Sherman & Howard and the financial consulting firm of
BLX.
FINANCIAL / ECONOMIC IMPACTS
The net cash savings will be about $5.9 million with a net present value of $4.8 million that is 13.4% of the refunded
principal. In 2013 the savings will be approximately $648,000.
Refunding Impact to 2013 Budget
Original Revised Change
2013 2013 Inc(Dec)
General Fund $531 1,478,$ 1,881,729 $198 403,
Capital Expansion Fund 350,090 350,090 -
Capital Project Fund 750,192 - (750,192)
Police Facility 2,578,813 2,231,819 (346,994)
Natural Areas Fund 1,396,131 1,126,674 (269,458)
Transportation Fund 136,919 105,860 (31,059)
$863 4,111,$ 3,464,352 $ (647,510)
September 18, 2012 -2- ITEM 24
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
ATTACHMENTS
1. Powerpoint presentation
9/12/2012
1
1
Refinancing 2004 Certificates of
Participation
September 18, 2012
2
2004 Certificates of Participation
• $48.7 million issued
• Police Building and Land
• Natural Areas Land
– Soapstone
– Bobcat Ridge
– Reservoir Ridge (Andrijeski)
• Deicing Storage Building for Streets Department
ATTACHMENT 1
9/12/2012
2
3
Debt Issue Process
• Alternative Issuing Processes
– Negotiated Sale
– Competitive Bid
– Private Placement
• Process leading to Private Placement
– Market appeared to favor Private Placement
– Issued a Request for Proposal
• Anticipated getting a rate of 2.08%
• Best and lowest proposal was 1.82%
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Terms Compared
Original Refinance
• Principal $48.7 $34.3 M
• Interest 5.12% 1.82%
• Term Ends 2026 2026
• Project portions end
– Natural Areas 2019 2019
– Transportation 2024 2024
– Police 2026 2026
9/12/2012
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5
Savings Expected
• Total $5.9 million cash savings
– Police $4.4 M
– Natural Areas $1.3 M
– Transportation $0.2 M
• 13.4% savings on refunded principal
• $648,000 savings expected in 2013
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•
Refunding Impact to 2013 Budget
in thousands
Original Refinanced Change
2013 2013 Inc(Dec)
General Fund $ 1,479 $ 1,882 $ 403
Capital Expansion Fund 350 350 ‐
Capital Project Fund 750 ‐ (750)
Police Facility 2,579 2,232 (347)
Natural Areas Fund 1,396 1,127 (269)
Transportation Fund 137 106 (31)
$ 4,112 $ 3,464 $ (648)
9/12/2012
4
7
General Fund
Year Current Proposed Savings
2013 $ 1,479 $ 1,882 $ (403)
2014 1,474 1,865 (391)
2015 1,471 1,832 (361)
2016 1,584 1,907 (324)
2017 2,467 2,016 451
2018 2,464 1,969 495
2019 2,464 1,927 537
2020 2,464 1,850 614
2021 2,463 1,843 620
2022 2,467 1,841 626
2023 2,465 1,833 631
2024 2,462 1,830 631
2025 2,462 1,832 631
2026 2,461 1,827 633
$ 30,645 $ 26,255 $ 4,390
1
ORDINANCE NO. 102, 2012
AN ORDINANCE AUTHORIZING AND APPROVING THE
EXECUTION AND DELIVERY BY THE CITY OF A SITE
AND IMPROVEMENT LEASE AND A LEASE PURCHASE
AGREEMENT AND RELATED DOCUMENTS, CONCERNING
THE LEASING BY THE CITY OF OPEN SPACE AND
NATURAL AREAS, A DEICING MATERIALS STORAGE
FACILITY AND A CENTRALIZED POLICE SERVICES
BUILDING, TO REFINANCE THE CITY’S 2004 LEASE
AGREEMENT AT A LOWER INTEREST RATE; RATIFYING
ACTION PREVIOUSLY TAKEN; AND PROVIDING OTHER
MATTERS RELATED THERETO.
WHEREAS, the City of Fort Collins, Colorado (the “City”) is a home rule
municipality and political subdivision of the State of Colorado (the “State”) organized and
existing under a home rule charter (the “Charter”) pursuant to Article XX of the Constitution of
the State; and
WHEREAS, the City is authorized by Article XX, Section 6 of the Colorado
Constitution and Chapter 23, Article IV, Division 2 of the Code of the City of Fort Collins to
sell, convey or otherwise dispose of any and all interests in real property owned in the name of
the City, provided that the City Council of the City (the “City Council”) first finds, by ordinance,
that such sale or other disposition is in the best interests of the City; and
WHEREAS, the City has previously entered into a Site Agreement dated July 27,
2004, as amended by the First Amendment to Site Agreement dated as of May 1, 2005, between
the City, as lessor, and Fort Collins Capital Leasing Corporation (the “Corporation”), as lessee
(collectively, the “2004 Site Agreement”), and a Lease Agreement, dated July 27, 2004, as
amended by the First Amendment to Lease Agreement dated as of May 1, 2005, between the
Corporation, as lessor, and the City, as lessee (collectively, the “2004 Lease”) pursuant to which
the City currently leases certain natural areas or open space properties, a deicing materials
storage facility and a centralized police services building (collectively, the “Leased Property”);
and
WHEREAS, in connection with the execution and delivery of the 2004 Site
Agreement and 2004 Lease, certain Certificates of Participation, Series 2004A (the “2004A
Certificates”) were executed and delivered pursuant to a Trust Indenture dated July 27, 2004
between the Corporation and the Trustee (the “2004 Indenture” and together with the 2004 Site
Agreement and the 2004 Lease, the “2004 Documents”), and the proceeds thereof were used to
acquire, construct and install the Leased Property and to fund certain street improvement projects
(collectively, the “2004 Project”); and
WHEREAS, the City Council has determined, and now hereby determines, that it
is in the best interest of the City and its inhabitants that the City refinance the 2004 Project by
exercising the City’s option to purchase the Corporation’s interest in the Leased Property and
refunding all the outstanding 2004A Certificates (the “Refunding Project”); and
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WHEREAS, City Council has determined, and now hereby determines, that in
order to effectuate the Refunding Project, and in connection with the City’s exercise of its
purchase option pursuant to the terms and provisions of the 2004 Documents, it is in the City’s
best interest to enter into a Site and Improvement Lease (the “Site Lease”) pursuant to which the
City, as lessor, will lease the Leased Property to U.S. Bank National Association, as trustee
under the Indenture (the “Trustee”) and to enter into a Lease Purchase Agreement (the “Lease”)
pursuant to which the City will lease back the Leased Property from the Trustee; and
WHEREAS, pursuant to the Lease, and subject to the right of the City to
terminate the Lease and other limitations as therein provided, the City will pay certain Base
Rentals and Additional Rentals (as such terms are defined in the Lease) in consideration for the
right of the City to use the Leased Property; and
WHEREAS, the Trustee will enter into an Indenture of Trust (the “Indenture”)
pursuant to which there is expected to be issued certain certificates of participation (the “2012
Certificates”) dated as of their date of delivery that shall evidence proportionate interests in the
right to receive certain Revenues (as defined in the Lease), shall be payable solely from the
sources therein provided and shall not directly or indirectly obligate the City to make any
payments beyond those appropriated for any fiscal year during which the Lease shall be in effect;
and
WHEREAS, the net proceeds of sale of the 2012 Certificates are expected to be
used, together with other available money of the City, to refinance the 2004 Project and
effectuate the Refunding Project; and
WHEREAS, the City’s obligation under the Lease to pay Base Rentals and
Additional Rentals shall be from year to year only; shall constitute currently budgeted
expenditures of the City; shall not constitute a mandatory charge or requirement in any ensuing
budget year; and shall not constitute a general obligation or other indebtedness or multiple fiscal
year financial obligation of the City within the meaning of any constitutional, statutory or
Charter limitation or requirement concerning the creation of indebtedness or multiple fiscal year
financial obligation, nor a mandatory payment obligation of the City in any ensuing fiscal year
beyond any fiscal year during which the Lease shall be in effect; and
WHEREAS, there has been presented to the City Council and are on file with the
City Clerk the following: (i) the proposed form of the Site Lease; (ii) the proposed form of the
Lease; and (iii) the proposed form of Escrow Agreement (the “Escrow Agreement”) between the
City and U.S. Bank National Association, as escrow agent; and
WHEREAS, capitalized terms used herein and not otherwise defined shall have
the meanings set forth in the Lease; and
WHEREAS, Section 11-57-204 of the Supplemental Public Securities Act,
constituting Title 11, Article 57, Part 2, Colorado Revised Statutes (the “Supplemental Act”),
provides that a public entity, including the City, may elect in an act of issuance to apply all or
any of the provisions of the Supplemental Act.
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS,
COLORADO:
Section 1. Ratification and Approval of Prior Actions. All action heretofore
taken (not inconsistent with the provisions of this Ordinance) by the City Council or the officers,
agents or employees of the City Council or the City relating to the Site Lease, the Lease, the
implementation of the Refunding Project, and the pricing, execution, delivery and sale of the
2012 Certificates is hereby ratified, approved and confirmed.
Section 2. Finding of Best Interests. The City Council hereby finds and
determines, pursuant to the Constitution, the laws of the State, the Charter and the Code of the
City, that the implementation of the Refunding Project and financing the costs thereof pursuant
to the terms set forth in the Site Lease and the Lease, together with other available moneys of the
City, are necessary, convenient, and in furtherance of the City’s purposes and are in the best
interests of the inhabitants of the City, and the City Council hereby authorizes and approves the
same.
Section 3. Supplemental Act; Parameters. The City Council hereby elects to
apply all of the Supplemental Act to the Site Lease and the Lease and in connection therewith
delegates to each of the City Manager and the Financial Officer of the City (the “Financial
Officer”) the independent authority to make any determination delegable pursuant to Section 11-
57-201(1)(a-i), Colorado Revised Statutes, in relation to the Site Lease and the Lease, and to
execute a sale certificate (the “Sale Certificate”) setting forth such determinations, including
without limitation, the term of the Site Lease, the rental amount to be paid by the Trustee
pursuant to the Site Lease, the term of the Lease and the rental amount to be paid by the City
pursuant to the Lease, subject to the following parameters and restrictions: (a) the total amount
of prepaid rental payments to be received by the City from the Trustee under the Site Lease shall
not be less than $34,000,000; (b) the Site Lease Term shall not extend beyond June 1, 2036;
(c) the aggregate principal amount of the Base Rentals payable by the City pursuant to the Lease
shall not exceed $38,500,000; (d) the Lease Term shall not extend beyond June 1, 2026; and (e)
the maximum net effective interest rate on the interest component of the Base Rentals relating to
the 2012 Certificates shall not exceed 3.00%.
Pursuant to Section 11-57-205 of the Supplemental Act, the City Council hereby
delegates to each of the City Manager or the Financial Officer the authority to sign a contract for
the purchase of the 2012 Certificates or to accept a binding bid for the 2012 Certificates and to
execute any agreement or agreements in connection therewith.
The delegation set forth in this Section 3 shall be effective for one year following
the date hereof.
Section 4. Approval of Documents. The Site Lease, the Lease and the
Escrow Agreement, in substantially the forms on file with the City Clerk, are in all respects
approved, authorized and confirmed. The Mayor of the City is hereby authorized and directed to
execute and deliver the Site Lease, the Lease and the Escrow Agreement, for and on behalf of the
City, in substantially the forms and with substantially the same contents as on file with the City
Clerk, provided that such documents may be completed, corrected or revised as deemed
4
necessary by the parties thereto in order to carry out the purposes of this Ordinance. The
execution of the Site Lease, the Lease and the Escrow Agreement by the Mayor shall be
conclusive evidence of the approval by the City Council of such documents in accordance with
the terms hereof and thereof.
Section 5. Direction to Act. The City Clerk is hereby authorized and directed
to attest all signatures and acts of any official of the City in connection with the matters
authorized by this Ordinance and to place the seal of the City on any document authorized and
approved by this Ordinance. The Mayor, the Mayor Pro-Tem of the City, the City Manager, the
Financial Officer, the City Clerk and other appropriate officials or employees of the City are
hereby authorized and directed to execute and deliver for and on behalf of the City any and all
additional certificates, documents, instruments and other papers, and to perform all other acts
that they deem necessary or appropriate, in order to implement and carry out the transactions and
other matters authorized by this Ordinance. The approval hereby given to the various documents
referred to above includes an approval of such additional details therein as may be necessary and
appropriate for their completion, deletions therefrom and additions thereto as may be approved
by bond counsel prior to the execution of the documents. The execution of any instrument by the
aforementioned officers or members of the City Council shall be conclusive evidence of the
approval by the City of such instrument in accordance with the terms hereof and thereof.
Section 6. No General Obligation Debt. No provision of this Ordinance, the
Site Lease, the Lease, the Indenture, or the 2012 Certificates shall be construed as creating or
constituting a general obligation or other indebtedness or multiple fiscal year financial obligation
of the City within the meaning of any constitutional, statutory or Charter provision, nor a
mandatory charge or requirement against the City in any ensuing fiscal year beyond the then
current fiscal year. The City shall not have any obligation to make any payment with respect to
the 2012 Certificates except in connection with the payment of the Base Rentals and certain
other payments under the Lease, which payments may be terminated by the City in accordance
with the provisions of the Lease. The 2012 Certificates shall not constitute a mandatory charge
or requirement of the City in any ensuing fiscal year beyond the then current fiscal year, and
shall not constitute or give rise to a general obligation or other indebtedness of the City within
the meaning of any constitutional, statutory or Charter debt limitation and shall not constitute a
multiple fiscal year direct or indirect City debt or other financial obligation whatsoever. No
provision of the Site Lease, the Lease or the 2012 Certificates shall be construed or interpreted as
creating an unlawful delegation of governmental powers nor as a donation by or a lending of the
credit of the City within the meaning of Sections 1 or 2 of Article XI of the Colorado
Constitution. Neither the Site Lease, the Lease nor the 2012 Certificates shall directly or
indirectly obligate the City to make any payments beyond those budgeted and appropriated for
the City’s then current fiscal year.
Section 7. Reasonableness of Rentals. The City Council hereby determines
and declares that the Base Rentals due under the Lease, in the maximum amounts authorized
pursuant to Section 3 hereof, constitute the fair rental value of the Leased Property and do not
exceed a reasonable amount so as to place the City under an economic compulsion to renew the
Lease or to exercise its option to purchase the Trustee’s leasehold interest in the Leased Property
pursuant to the Lease. The City Council hereby determines and declares that the period during
which the City has an option to purchase the Trustee’s leasehold interest in the Leased Property
5
(i.e., the entire maximum term of the Lease) does not exceed the useful life of the Leased
Property. The City Council hereby further determines that the amount of rental payments to be
received by the City from the Trustee pursuant to the Site Lease is reasonable consideration for
the leasing of the Leased Property to the Trustee for the term of the Site Lease as provided
therein.
Section 8. Exercise of Purchase Option. In connection with the execution and
delivery of the Site Lease and the Lease, the City Council hereby directs the appropriate officials
and officers of the City to take whatever action is deemed necessary to exercise the City’s
purchase option pursuant to the 2004 Documents and to purchase the Corporation’s interest in
the Leased Property pursuant to the terms and provisions of the 2004 Documents.
Section 9. No Recourse against Officers and Agents. Pursuant to Section 11-
57-209 of the Supplemental Act, if a member of the City Council, or any officer or agent of the
City acts in good faith, no civil recourse shall be available against such member, officer, or agent
for payment of the principal, interest or prior redemption premiums on the 2012 Certificates.
Such recourse shall not be available either directly or indirectly through the City Council or the
City, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of
penalty, or otherwise. By the acceptance of the 2012 Certificates and as a part of the
consideration of their sale or purchase, any person purchasing or selling the 2012 Certificates
specifically waives any such recourse.
Section 10. Severability. If any section, subsection, paragraph, clause or
provision of this Ordinance or the documents hereby authorized and approved (other than
provisions as to the payment of Base Rentals by the City during the Lease Term, provisions for
the quiet enjoyment of the Leased Property by the City during the Lease Term and provisions for
the conveyance of the Trustee’s leasehold interest in the Leased Property to the City under the
conditions provided in the Lease) shall for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not
affect any of the remaining provisions of this Ordinance or such documents, the intent being that
the same are severable.
Section 11. Repealer. All orders, resolutions, bylaws, ordinances or
regulations of the City, or parts thereof, inconsistent with this Ordinance are hereby repealed to
the extent only of such inconsistency.
Section 12. Charter. Pursuant to Article XX of the State Constitution and the
Charter, all State statutes that might otherwise apply in connection with the provisions of this
Ordinance are hereby superseded to the extent of any inconsistencies between the provisions of
this Ordinance and such statutes. Any such inconsistency is intended by the City Council and
shall be deemed made pursuant to the Charter.
6
Introduced, considered favorably on first reading and ordered published this 18th
day of September, 2012.
CITY OF FORT COLLINS, COLORADO
Mayor
(SEAL)
ATTESTED:
City Clerk
Passed and adopted, without amendment, on final reading this 2nd day of
October, 2012.
CITY OF FORT COLLINS, COLORADO
Mayor
(SEAL)
ATTESTED:
City Clerk
7
STATE OF COLORADO )
)
COUNTY OF LARIMER ) ss.
)
CITY OF FORT COLLINS )
I, Wanda Nelson, City Clerk of the City of Fort Collins, Colorado (the “City”), do
hereby certify the following:
1. The attached copy of Ordinance No. _____ (the “Ordinance”) is a true,
correct and complete copy thereof.
2. The Ordinance was introduced, read, and approved on first reading by the
City Council of the City (the “Council”) at a regular meeting thereof held at Council Chambers,
City Hall, 300 West LaPorte Avenue, Fort Collins, Colorado, the regular meeting place thereof,
on Tuesday, the 18th day of September, 2012, by the members of the Council as follows:
Name “Yes” “No” Absent
Karen Weitkunat, Mayor
Kelly Ohlson, Mayor Pro
Tem
Gerry Horak
Aislinn Kottwitz
Ben Manvel
Lisa Poppaw
Wade Troxell
3. The Ordinance was duly published in full at least seven days before its
final passage on the City’s official internet web site. In addition, the Ordinance was duly
published by number and title only, together with a statement that the text thereof was available
for public inspection and acquisition in the office of the City Clerk and on the City’s internet
web site, in The Coloradoan, a newspaper of general circulation published in the City in its issue
of September __, 2012 as evidenced by the certificate of the publisher attached hereto as Exhibit
A. Both publications contained a notice giving the date when the Ordinance would be presented
for final passage.
4. The Ordinance was passed and adopted, without amendment, on second reading by the
City Council at a regular meeting thereof held at Council Chambers, City Hall, 300 West
LaPorte Avenue, Fort Collins, Colorado, the regular meeting place thereof, on Tuesday, the 2nd
day of October, 2012, by the members of the Council as follows:
8
Name “Yes” “No” Absent
Karen Weitkunat, Mayor
Kelly Ohlsen, Mayor Pro
Tem
Gerry Horak
Aislinn Kottwitz
Ben Manvel
Lisa Poppaw
Wade Troxell
5. Following its final passage, the Ordinance was duly published in full on
the City’s official internet web site within seven days following its final passage. In addition, a
notice of the final passage of the Ordinance was duly published in The Coloradoan, a newspaper
of general circulation published in the City, in its issue of October __, 2012, as evidenced by the
certificate of the publisher attached hereto as Exhibit B.
6. A true copy of the Ordinance has been authenticated by the signatures of
the Mayor of the City and myself as City Clerk and by the certificate of the publisher, sealed
with the seal of the City, and numbered and recorded in a book marked “Ordinance Record” kept
for that purpose in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City
of Fort Collins, Colorado this ______ day of October, 2012.
__________________________________
City Clerk
(CITY SEAL) City of Fort Collins, Colorado
9
Exhibit A
(Attach certificate of publication of Ordinance after first reading)
10
Exhibit B
(Attach certificate of publication of Ordinance after final passage)
DATE: September 18, 2012
STAFF: Darin Atteberry
Mike Beckstead
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 25
SUBJECT
Public Hearing on the 2013-2014 Recommended Biennial Budget for the City of Fort Collins.
EXECUTIVE SUMMARY
This is the first official public hearing on the City Manager’s 2013-2014 Recommended Biennial Budget for the City
of Fort Collins. The purpose of this public hearing is to gather public input on the 2013-2014 budget.
In an effort to receive further public input, a second public hearing is scheduled for the October 2, 2012 Council
meeting. Public input will also be taken during the budget adoption meetings on Tuesday, October 16 and Tuesday,
November 20, 2012 at 6:00 p.m. in the Council Chambers.
The City Manager’s 2013-2014 Recommended Budget can be reviewed at the Main Library, the Harmony Branch
Library, Council Tree Library, or the City Clerk’s Office. The recommended budget can also be viewed online at
www.fcgov.com/budget.
Karen Weitkunat, President City Council Chambers
Kelly Ohlson, District 5, Vice-President City Hall West
Ben Manvel, District 1 300 LaPorte Avenue
Lisa Poppaw, District 2 Fort Collins, Colorado
Aislinn Kottwitz, District 3
Wade Troxell, District 4
Gerry Horak, District 6 Cablecast on City Cable Channel 14
on the Comcast cable system
Darin Atteberry, City Manager
Steve Roy, City Attorney
Wanda Nelson, City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
GENERAL IMPROVEMENT DISTRICT NO. 1 MEETING
September 18, 2012
(after the Regular Council Meeting)
1. Call Meeting to Order.
2. Roll Call.
3. Second Reading of Ordinance No. 063, Appropriating Prior Year Reserves in the General
Improvement District Fund for the Downtown Wayfinding Sign System. (staff: Clark Mapes; no
staff presentation; 5 minute discussion)
This Ordinance, unanimously adopted on First Reading on September 4, 2012, appropriates
$500,000 from the General Improvement District No. 1 (GID) Fund for final design, fabrication
and installation of a Downtown Wayfinding Sign System. Schematic design of a sign system was
completed in 2009 and this appropriation provides funding to implement the system. The funds
will be used to hire a sign company to develop final design and construction details, and then
fabricate and install signs in collaboration and coordination with the City’s Traffic Operations sign
shop.
4. Other Business.
5. Adjournment.
GENERAL IMPROVEMENT
DISTRICT NO. 1 AGENDA
DATE: September 18, 2012
STAFF: Clark Mapes
AGENDA ITEM SUMMARY
GENERAL IMPROVEMENT DISTRICT
NO. 1 3
SUBJECT
Second Reading of Ordinance No. 063, Appropriating Prior Year Reserves in the General Improvement District Fund
for the Downtown Wayfinding Sign System.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 4, 2012, appropriates $500,000 from the
General Improvement District No. 1 Fund for final design, fabrication and installation of a Downtown Wayfinding Sign
System. Schematic design of a sign system was completed in 2009 and this appropriation provides funding to
implement the system. The funds will be used to hire a sign company to develop final design and construction details,
and then fabricate and install signs in collaboration and coordination with the City’s Traffic Operations sign shop.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary - September 4, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: September 4, 2012
STAFF: Clark Mapes
AGENDA ITEM SUMMARY
GENERAL IMPROVEMENT DISTRICT
NO. 1 3
SUBJECT
First Reading of Ordinance No. 063, Appropriating Prior Year Reserves in the General Improvement District Fund for
the Downtown Wayfinding Sign System.
EXECUTIVE SUMMARY
This Ordinance appropriates $500,000 from the General Improvement District No. 1 (GID) Fund for final design,
fabrication and installation of a Downtown Wayfinding Sign System. Schematic design of a sign system was
completed in 2009, and this appropriation provides funding to implement the system. The funds will be used to hire
a sign company to develop final design and construction details, and then fabricate and install signs in collaboration
and coordination with the City’s Traffic Operations sign shop.
BACKGROUND / DISCUSSION
A background memo is attached to provide additional background on the GID and the sign system project (Attachment
2).
This request represents a reappropriation of funds first approved by the GID Board in November 2011. That original
appropriation lapsed at year-end due to lack of a contract as required to encumber the monies. The reasons staff
brought that original appropriation forward were: (1) to reaffirm GID Board support for the project; (2) to cover the
possibility that the funds might be needed to support initiation of the contractor selection process; and (3) the lack of
harm if the funding were to lapse.
In late 2011, staff evaluated project staffing, work programs, and possible approaches to issuing a Request for
Proposals from sign contractors and resolution of those issues extended into 2012. A Request For Proposals was
been issued, and proposals have been received from sign companies.
The appropriation will implement the 2009 Downtown Fort Collins Wayfinding Sign System Schematic Design Manual,
which was developed in a public process in 2008 and 2009. That manual spells out parameters for a new sign system,
and recommends the formation of a staff team to administer the system. It may be found online at
http://www.fcgov.com/advanceplanning/pdf/downtown-sign-system-doc.pdf.
Objectives of the sign system are to:
• Build awareness of Downtown by announcing its presence along main thoroughfares.
• Lead visitors to main Downtown entries and clarify the arrival sequence.
• Guide visitors to public parking garages and lots, and make the garages more user-friendly, reducing common
discomforts about using public garages.
• Help visitors navigate the area and find destinations, in cars or on bikes, and then on foot once parked.
• Add a sense of welcome in support of the overall image.
• Enhance the identity and perception of Downtown as an interesting and desirable place with distinctive, helpful
graphics.
• Build awareness of attractions in and around downtown by highlighting key destinations that may not be
immediately obvious.
• Allow for flexibility and updating of signs over time.
NEXT STEPS AND SCHEDULE
The main steps in proceeding to completion, with target dates, are:
• Select contractor team August 9 - September 7
COPY
COPY
COPY
COPY
September 4, 2012 -2- ITEM 3
• Finalize scope, schedule and contract September 10 - September 25
• Define phasing packages and installation
responsibilities of City Sign Shop and Contractor September 26 - October 19
• Develop final messaging and construction
drawings for Phase 1 installation October 22 - November 30
• Fabricate and install Phase 1 December 3, 2012 - January 24, 2013
• Develop final messaging and construction drawings,
fabricate and install remainder of sign system February-March 2013
• Begin ongoing sign system program
administered by a staff team Ongoing
Target dates shown above are subject to confirmation with a contractor. The schedule will also be subject to weather,
given the winter target dates for installations.
FINANCIAL / ECONOMIC IMPACTS
The appropriation of $500,000 for this project is from the GID No. 1 Fund reserve balance, which was $1,100,000 at
the end of 2011.
Installation of the sign system will create the need for ongoing maintenance, replacements, additions and updates.
A conceptual estimate of cost for this, for planning purposes, is $5,000-$6,000 per year for materials in 2012 dollars.
The division of responsibility for ongoing funding of staff time, between the City General Fund and GID No. 1, will be
determined in annual budget processes.
The system is intended to enhance the downtown area as a business and commercial area.
ENVIRONMENTAL IMPACTS
The parking signage included in the system is partly intended to reduce trolling for parking in the Downtown. The
system is intended to support getting vehicles parked efficiently, thereby reducing emissions and congestion, and
encouraging pedestrian use in the downtown area.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
PUBLIC OUTREACH
A sign system has consistently been a prominent, highly supported project in extensive public participation in the
following planning efforts:
• Downtown Plan (1989)
• Downtown Strategic Plan (2004)
• UniverCity Connections Transit and Mobility Task Group Report (2008)
• Downtown Fort Collins Wayfinding Sign System Schematic Design Manual (2009).
ATTACHMENTS
1. GID No. 1 Boundary map
2. Background Memo
3. Powerpoint presentation
ORDINANCE NO. 063
OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
EX-OFFICIO THE BOARD OF DIRECTORS OF GENERAL IMPROVEMENT
DISTRICT NO. 1, APPROPRIATING PRIOR YEAR RESERVES
IN THE GENERAL IMPROVEMENT DISTRICT FUND
FOR THE DOWNTOWN WAYFINDING SIGN SYSTEM
WHEREAS, City of Fort Collins General Improvement District No. 1 (the “GID”) in Fort
Collins, Colorado, has been duly organized in accordance with the ordinances of the City and the
statutes of the State of Colorado; and
WHEREAS, it is the desire of the City Council, acting as ex-officio Board of Directors of
the GID, to appropriate $500,000 under this Ordinance for the Downtown Wayfinding Sign System
Project (“the Project”); and
WHEREAS, a wayfinding sign system has been included on the GID project lists since the
early 1990's and was recommended in the 1989 Downtown Plan, the 2004 Downtown Strategic Plan,
and in the 2008 UniverCity Connections report; and
WHEREAS, the purpose of the sign system is to increase awareness of Downtown
attractions, enhance public perception of the Downtown as a distinct place, help visitors better
navigate the area, and easily locate public parking facilities; and
WHEREAS, the funds will be used to hire a sign company to develop final design and
construction details, including fabrication and installation of the signs; and
WHEREAS, the Project will collaborate and coordinate with the City’s Traffic Operations
Sign Shop, the Downtown Business Association, and the Downtown Development Authority; and
WHEREAS, the Project will implement the 2009 Downtown Fort Collins Wayfinding Sign
System Schematic Design Manual, which was developed in a public process in 2008 and 2009; and
WHEREAS, City Council originally appropriated funds for this project in November of 2011
but there were no expenditures or encumbrances by December 31, 2011; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to appropriate
by ordinance at any time during the fiscal year such funds for expenditure as may be available from
reserves accumulated in prior years, notwithstanding that such reserves were not previously
appropriated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, Ex-Officio the Board of Directors of City of Fort Collins General Improvement District
No. 1, that there is hereby appropriated for expenditure from prior year reserves in the General
Improvement District No. 1 Fund the amount of FIVE HUNDRED THOUSAND DOLLARS
($500,000) for expenditure on the Downtown Wayfinding Sign System Project.
Introduced, considered favorably on first reading, and ordered published this 4th day of
September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
_________________________________
Mayor, Ex Officio President
ATTEST:
_____________________________
City Clerk, Ex Officio Secretary
Passed and adopted on final reading on the 18th day of September, A.D. 2012.
_________________________________
Mayor, Ex Officio President
ATTEST:
_____________________________
City Clerk, Ex Officio Secretary
Karen Weitkunat, Mayor Council Information Center
Kelly Ohlson, District 5, Mayor Pro Tem City Hall West
Ben Manvel, District 1 300 LaPorte Avenue
Lisa Poppaw, District 2 Fort Collins, Colorado
Aislinn Kottwitz, District 3
Wade Troxell, District 4 Cablecast on City Cable Channel 14
Gerry Horak, District 6 on the Comcast cable system
Darin Atteberry, City Manager
Steve Roy, City Attorney
Wanda Nelson, City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
WORK SESSION
September 18, 2012
after the General Improvement District No. 1 Meeting
1. Call Meeting to Order.
2. Presentation of the City Manager’s 2013-2014 Recommended Budget. (staff: Darin
Atteberry, Mike Beckstead; 2 hour discussion)
The City Manager’s 2013-2014 Recommended Budget was delivered to City Council and
the City Clerk on August 30, 2012, pursuant to provisions of Article V, Section 2 of the
City Charter. In September and October the City Council will have a series of work
sessions and two public hearings on the Budget to gather input from the community.
Staff believes City Council will have many challenging decisions ahead with the 2013-
2014 Budget as it is finalized. The community has had more opportunity this year than
in the past to provide input on the specific Offers (budget requests) under consideration.
That will continue in the next couple months with the aforementioned Public Hearings
and an online tool to gather citizen input. A detailed public input schedule is listed
below.
For the September 18, 2012 Work Session, staff will present a summary overview of the
following Result Area:
• Transportation
3. Other Business.
4. Adjournment.
DATE: September 18, 2012
STAFF: Darin Atteberry
Mike Beckstead
Pre-taped staff presentation: none
WORK SESSION ITEM
FORT COLLINS CITY COUNCIL
SUBJECT FOR DISCUSSION
Presentation of the City Manager’s 2013-2014 Recommended Budget.
EXECUTIVE SUMMARY
The City Manager’s 2013-2014 Recommended Budget was delivered to City Council and the City
Clerk on August 30, 2012, pursuant to provisions of Article V, Section 2 of the City Charter. In
September and October the City Council will have a series of work sessions and two public hearings
on the Budget to gather input from the community.
Staff believes City Council will have many challenging decisions ahead with the 2013-2014 Budget
as it is finalized. The community has had more opportunity this year than in the past to provide
input on the specific Offers (budget requests) under consideration. That will continue in the next
couple months with the aforementioned Public Hearings and an online tool to gather citizen input.
A detailed public input schedule is listed below.
For the September 18, 2012 Work Session, staff will present a summary overview of the following
Result Area:
• Transportation
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What clarifying questions does the City Council have regarding the Budget overall?
2. What clarifying questions does City Council have on three Result Areas being presented?
3. What follow-up items are there on Budget issues related to those three Result Areas?
BACKGROUND / DISCUSSION
The 2013 and 2014 Budget process began following the City Council Workshop in February 2012.
Since then, significant progress has been made by staff, which has led to the City Manager’s
Recommended Budget. This was the fifth budget cycle where the City used process called
Budgeting for Outcomes (BFO) which included the following major steps:
• City Council reviewed process improvements to be implemented as part of the upcoming
budget cycle and defined the key Result Areas (Outcomes)
September 18, 2012 Page 2
• Result Teams comprised of City staff and citizens reviewed these definitions and then
developed Result Maps and Request for Results documents which were reviewed with City
Council during the April 10, 2012 Council Work Session
• Over 500 Offers (budget requests) were submitted and categorized in seven key Result Areas
• Solicited community feedback included input in two public forums from citizens, and boards
and commissions on the submitted Offers and an online budget funding tool
• Results Teams reviewed offers and performance indicators, negotiated with Sellers and
submitted their prioritized list of funding recommendations to the City Manager and Budget
Lead Team (Executive Team)
• City Manager and the Budget Lead Team reviewed Result Team recommendations and made
adjustments based on the overall budget situation
• The City Manager finalized the Recommended Budget and submitted it to City Council on
August 30, 2012
City Council Budget Meetings
The City Council has a series of work sessions scheduled in September and October to discuss the
proposed 2013-2014 Budget. Each work session will include staff presentations regarding specific
Result Areas, followed by an opportunity for questions and discussion. The final work session has
been reserved for City Council discussion regarding overall priorities, policy issues and funding
allocations between Result Areas.
September 18, 2012 Page 3
Key dates for City Council discussions and public hearings are as follows:
Meeting Date Topic
COMPLETED - September 11, 2012 Work
Session
Presentations, Questions and Discussion:
1. Economic Health
2. Environmental Health
3. Safe Community
September 18, 2012 Regular Meeting Budget Public Hearing
September 18, 2012 Work Session Presentations, Questions and Discussion:
1. Transportation
September 25, 2012 Work Session
Presentation, Questions and Discussion:
1. Community & Neighborhood Livability
2. Culture and Recreation
3. High Performing Government
October 2, 2012 Regular Meeting Budget Public Hearing
October 9, 2012 Work Session General Discussion – Final Direction
October 16, 2012 City Council Meeting First Reading of Appropriations Ordinance
November 20, 2012 City Council Meeting Second Reading of Appropriations Ordinance
ATTACHMENTS
1. Powerpoint
1
1
Agenda Item # 2
City Manager’s 2013-2014
Recommended Budget
September 18, 2012
Work Session
2
Transportation Highlights
“Fort Collins provides safe and reliable multi-
modal travel to, from, and throughout the city”
ATTACHMENT 1
2
3
Transportation Highlights
4
Transportation – Key Purchases
• Street Maintenance and Repair
• Transfort / Dial-a-Ride
• Traffic Operations
• Safe Routes to School
• Bicycling Program and Bike Library
• Snow plowing and street sweeping
• Pedestrian Plan and Disability Access Improvements
• Bridge replacements and maintenance program
• Safe Ride Home Program
3
5
Transportation – Key Enhancements Purchased
• Timberline Road Improvements (Drake to College)
• Intersection Improvements and Traffic Signals
• North College Improvements - Phase III
• MAX Operations and Maintenance
• Pro Cycling Challenge
• FC Bikes to Platinum
• Streets Capital Equipment
• Community Gateways on I-25
6
Transportation – Services Not Purchased
• Additional Transfort/Dial A Ride Routes
• Willow Street Low Impact Development Design
• Transportation Master Plan Performance Monitoring
• Streets Supervisor Position
• FC Walks, City Walking Program
• Alley Maintenance
• Traffic Operations Building Expansion
4
7
Questions?
SHAP
T
3 2013 BFO Offer –
WCNP update
T
*No funding source has been identified at this time.
FINANCIAL / ECONOMIC IMPACTS
There may be increased costs to multi-family developments that must comply with the amended requirements for
building design, mixed housing types and increased levels of compatibility primarily outside the Transit-Oriented
Development Overlay Zone.
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
Council work
session
SHAP
T
3 2013 BFO Offer –
WCNP update
T
*No funding source has been identified at this time.
14