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HomeMy WebLinkAboutMINUTES-07/06/2004-RegularJuly 6, 2004 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, July 6, 2004, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Kastein, Martinez, Tharp and Weitkunat. Councilmembers Absent: Hamrick and Roy. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Pete Seel, 1837 Scarborough Drive, suggested that public access television in Fort Collins should be discussed during the cable television franchise renewal. He stated the Fort Collins Public Access Network was a local group that had been organized to promote public access television. Dennis Parkhurst, 312 East Locust Street, stated he was also involved with the Fort Collins Public Access Network. He expressed concerns that Comcast was not providing an adequate public access studio at this time. He stated he had received a letter from Tom Vosburg stating that the City's position was that Comcast had satisfactorily complied with the franchise agreement. He stated he believed that Comcast was not in compliance with the requirements of the franchise agreement regarding a functional "studio" and asked that the City Council not allow the violation to continue. Jerry Gerber, 301 Pearl Street, spoke regarding the lack of public access on cable television and the inadequacy of the studio provided by Comcast. He asked that the Council put pressure on the company to live up to the terms of the agreement and spoke regarding possible programming. Mark Brophy, 1109 West Harmony Road, spoke regarding the First Amendment of the U.S. Constitution which provided in part for the right of the people to peaceably assemble and to petition the government for redress of grievances. He stated he was involved with a petition to repeal the Fort Collins grocery tax and that an employee of the City Finance Department had expressed her opposition to the petition in a newspaper article. He stated government employees were supposed to work for the people. He stated the people wanted smaller government. He noted that at the last Council meeting the City Manager had indicated that he also opposed the grocery tax petition. He stated the City Manager's job was to carry out the will of the people. He stated the City Attorney had indicated that there was no violation of the Fair Campaign Practices Act. He stated he had never ram., July 6, 2004 alleged that the Fair Campaign Practices Act was breached and that he did believe that the First Amendment was being violated. Ramiro Romero, 7893 Little Fox Lane, Wellington, stated there poor practices regarding immigration, labor laws, etc. were being used by contractors to get the low bid. He urged the adoption of responsible contractor language to be included in contracts to protect the City from unscrupulous contractors. He stated many subcontractors were designating each employee as a subcontractor and that put the burden for unemployment and taxes on the worker. He stated many of those workers were undocumented workers. He stated many contractors were paying cash to workers and that no taxes or overtime were being paid. He stated responsible contractor language would be good for everyone. Citizen Participation Follow-up Mayor Martinez thanked those who spoke during Citizen Participation. Councilmember Tharp requested more information on the provisions of the Comcast franchise agreement regarding a public access studio. She stated the employee's comments regarding removal of the grocery tax were allowed under free speech until there was a ballot item. She stated she would like assurances that the City and contractors/subcontractors were complying with all laws when contracts were awarded for projects. Councilmember Bertschy stated he would like to see an accessible and well equipped public access studio and that he would like follow-up on that. He stated he would also like more information on the responsible contractor language issue. Mayor Martinez stated he would like more information on the public access provisions of the Comcast franchise agreement. Councilmember Kastein asked for information on the minimum requirements for the public access studio. He stated he had discussed the responsible contractor issue with Mr. Romero and that he had asked the City Attorney to look into the issue. Agenda Review Interim City Manager Attebeny stated there were no changes to the agenda. He stated he had discussed the issue referenced by Mr. Brophy with the City Attorney and that he believed that there was no violation. Mark Brophy, 1 109 West Harmony Road, withdrew item #15 First Reading of Ordinance No. 103, 2004, Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi -Jurisdictional Drug Task Force 426 July 6, 2004 and item #32 Resolution 2004-083 Appointing a Representative to the Colorado Municipal League from the Consent Calendar. Cherie Trine, 524 West Magnolia Street, withdrew item #31 Resolution 2004-082 Establishing Guidelines.for Undertaking Measures to Help Control the West Nile Virus from the Consent Calendar. Councilmember Tharp withdrew item #30 Resolution 2004-081 Directing the City Manager to Initiate a Process for Disposition and Appropriate Development of Certain City -Owned Property Known as Block 33 from the Consent Calendar. CONSENT CALENDAR Consideration and approval of the Council meeting minutes of June 1 2004 Second Reading of Ordinance No. 094, 2004 Amending Chapter 26 of the City Code Related to Wastewater Discharges of Mercury from Dental Offices This Ordinance, which was unanimously adopted on First Reading on June 15, 2004, establishes requirements for wastewater discharges from dental offices that place or remove dental amalgam containing mercury. 9. Second Reading of Ordinance No.095.2004 AuthorizingthePurchasing Agent toEnterinto an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment This Ordinance, which was unanimously adopted on First Reading on June 15, 2004, authorizes the Purchasing Agent to enter into a lease -purchase financing agreement with Koch Financial Corporation at 4.19 percent interest rate. The agreement is for an original term from the execution date of the agreements to the end of the current fiscal year. The agreement provides for renewable one-year terms thereafter, to a total term of five (5) years, subject to annual appropriation of funds needed for lease payments. The total lease terms, including the original and all renewal terms, will not exceed the useful life of the property. This lease -purchase financing is consistent with the financial policies of the City of Fort Collins. After First Reading of Ordinance No. 095, 2004, staff realized that some line items were inadvertently omitted, changing the total 5-year financing from $800,000 to $885,000. Payments at the 4.19% interest rate have changed from $44,545 to $49,278 and raise the total City debt from .18% to .21 %. 427 July 6, 2004 10. Second Reading of Ordinance No. 096 2004 Authorizing the Grant of a Non-exclusive Easement to Owest Corporation upon City -owned Property. Ordinance No. 096, 2004, which was unanimously adopted on First Reading on June 15, 2004, authorizes a non-exclusive easement to Qwest Corporation on City -owned Property. 11. Items Relating to the Colorado Department of Transportation Proposed Rest Area A. Second Reading of Ordinance No. 097, 2004, Authorizing the Conveyance o1 Approximately 16 Acres of City Property and a Related Temporary Easements to the Colorado Department of Transportation for Use and for a New Public Rest Area in Exchange for Approximately 22 Acres of Land and Related Access Easements. B. Second Reading of Ordinance No. 098, 2004, Authorizing the Amendment of the City's Mining and Reclamation Agreement With LaFarge for Mining on the Resource Recovery Farm in Connection with the Exchange of Land for a New Colorado Department of Transportation Rest Area. These items relate to a voluntary exchange of parcels to allow the Colorado Department of Transportation to develop a new rest area immediately south of the current Colorado Welcome Center on Prospect Road near Interstate 25. In exchange for its conveyance of the required property to CDOT, the City of Fort Collins will receive the site of the existing 22.62 acre southbound rest area (west of I-25) with all improvements scheduled to be demolished after the new rest area is opened. Ordinance No. 097, 2004 and Ordinance No. 098, 2004, were unanimously adopted on First Reading on June 15, 2004. 12. Items Relating_ to Certain Lease Certificates of Participation Series 2004 A A. Second Reading of Ordinance No. 099, 2004, an Ordinance Approving and Authorizing the City of Fort Collins, Colorado, to Enter into a Quitclaim Deed from the City to Fort Collins Capital Leasing Corporation, a Site Agreement Between the City and the Corporation, a Lease Agreement Between the Corporation and the City, a Certificate Purchase Agreement among the Corporation, the City and George K. Baum & Company and a Guaranty Agreement Between the City and Ambac Assurance Corporation and Approving a Trust Indenture Between the Corporation and U.S. Bank National Association, as Trustee, a Deed of Trust and a Leasehold Deed of Trust from the Corporation to the Public Trustee of Larimer County for the Benefit of the Trustee and a Preliminary Official Statement and a Final Official Statement Relating to Certain Lease Certificates of Participation, Series 2004A. July 6, 2004 The City has been planning for the construction of a Police Services building for many years. Monies for the acquisition of land for the facility were approved by the voters as part of the Building Community Choices dedicated quarter cent sales and use tax. Police Services, with the assistance of Operations Services, has identified a site to serve as the location for the new facility. The lease transaction will also provide a funding source for the construction of a storage facility to contain deicing materials at the City's existing Streets facility on North Lemay. The estimated cost of the storage facility will be about $1.7 million with $30,000 of financing costs. Ordinance No. 099, 2004, was unanimously adopted on First Reading on June 15, 2004. The Second Reading of this Ordinance incorporates the financing of the natural areas originally begun under Ordinance No. 100, 2004. Ordinance No. 100, 2004, provided the authorization to finance $15 million of natural areas for conservation. Since First Reading of Ordinance No. 100, 2004 on June 15, 2004, staff developed a financing strategy to combine the two financings into one. This effort saves issuance costs and also made the overall transaction more attractive to investors. B. First Reading of Ordinance No. 120, 2004, Appropriating Proceeds from the Lease Purchase Certificates of Participation of the City of Fort Collins, Colorado, Series 2004A for the Purpose of Making Certain Capital Improvements (The Police Building and the Streets Deicing Facility Projects), the Acquisition and Conservation of Natural Areas, and for Costs of Issuance of the Lease Certificates Transaction. This Ordinance appropriates the proceeds from the transaction in the Capital Projects Fund and the Open Lands Fund. 13. Second Reading of Ordinance No. 101, 2004 Amending Section 2-596 of the City Code and Setting the Compensation of the Interim City Manager. On May 25, 2004, Council unanimously adopted Resolution 2004-065, appointing Darin Atteber y as Interim City Manager, effective June 16, 2004. City Council appointed Mr. Atteberry to this position with the understanding that his compensation would be adjusted and that the compensation increase would be made effective with the date ofhis appointment as Interim City Manager. This Ordinance, which was unanimously adopted on First Reading on June 15, 2004, establishes the salary and compensation provided the Interim City Manager while he serves in this capacity. 429 July 6, 2004 14. First Reading of Ordinance No. 102 2004 Appropriating Unanticipated Grant Revenue in the General Fund for the Operation of the Fort Collins Welcome Center. Pursuant to Resolution 1999-097, the City contracted with Colorado State University for visitor center space at the Environmental Learning Center/Visitors Center, south of Prospect Road, approximately one -quarter mile west of Interstate 25. The City, seeking to attract and welcome visitors to Fort Collins through the activities of its convention and visitor services contractor, the Fort Collins Convention and Visitors Bureau ("CVB"), uses the visitor center space for the Fort Collins Welcome Center. The CVB, in addition to promoting tourism activity, operates the Welcome Center consistent with the City's Intergovernmental Agreement with the Colorado State Board of Agriculture acting by and through Colorado State University. 15. First Reading of Ordinance No. 103 2004 Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer ofAppropriated Amounts Between Accounts and Projects for the Multi -Jurisdictional Drug Task Force Fort Collins Police Services applied to the Office of Drug Control and System Improvement (Byrne Grant) on behalf of the Task Force for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. The City has recently received notification of the grant award in the amount of $250,000, plus an additional $5,000 from Colorado State University. The participating agencies must provide matching funds in the amount of $420,676. Fort Collins' portion of the match is $121,851. These funds will be used to match personnel costs related to the assigned Colorado State University Detective, rental and operational costs at the Task Force off -site location, overtime funding to help offset the overtime costs of each participating agency, and confidential funds to be used for the purchase of narcotics from drug dealers by undercover police officers. 16. Postponement of Items Relating to the 2003 International Residential Code 2003 International Mechanical Code and the 2003 Fuel Gas Code to July 20 2004 A. Postponement of First Reading of Ordinance No. 068, 2004, Amending Chapter 5, Article 2, Division 2, of the City Code for the Purpose of Making Certain Amendments to the Uniform Building Code, to July 20, 2004. B. Postponement of First Reading of Ordinance No. 069, 2004, Amending Chapter 5, Article 2, Division 2, of the City Code for the Purpose of Adopting the 2003 International Residential Code (IRQ9, with Amendments, to July 20, 2004. C. Postponement of First Reading of Ordinance No. 070, 2004, Amending Chapter 5, Article 4, of the City Code for the Purpose of Repealing the 1991 Uniform Mechanical Code and Adopting the 2003 International Mechanical Code, with 430 July 6, 2004 Amendments and Adopting the 2003 International Fuel Gas Code, with Amendments, to July 20, 2004. This item, which was originally scheduled for the July 6, 2004, meeting has been postponed to July 20, 2004. 17. First Reading of Ordinance No. 104 2004 Amending Various Sections of the City Code so as to Expressly Permit the Deferral of Certain Utility.lmpact Fees Some of the current City Code provisions allow the City Council to defer impact fees; others do not. This inconsistency came to light during the negotiations regarding the proposed lifestyle center. Specifically, the Code provisions establishing electric development fees and charges and stormwater fees do not permit deferral. And, while the Code provisions relating to water plant investment fees and sewer plan investment fees do permit arrangements for paying the fees over time, those Code provisions are worded differently than the Code provisions pertaining to the deferral of capital improvement expansion fees. This Ordinance would bring consistency to the Code provisions on this subject and City practice, and would allow for all city impact fees to be paid over time, either in installments or in a lump sum. 18. First Reading of Ordinance No. 105, 2004 Amending Section 20-22 of the Cites Relating to Unreasonable Noise. In October 2003 at the request of City Councilmembers, a cross section of City agencies formed a committee to look into the City's current noise ordinances dealing with motor vehicle loud muffler noise and motorcycle noise specifically. After discussion and review of ordinances around the country, the committee made recommendations for changes to the City Code in an effort to reduce the problems with motor vehicle noise which were adopted on First Reading, March 2, 2004, by adoption of Ordinance No. 033, 2004. However, in May 2004, by the adoption of Ordinance No. 071, 2004, the noise ordinance was again amended and language previously approved by Ordinance No. 033, 2004 pertaining to motor vehicle noise was inadvertently omitted. Staff recommends that the omitted language be reinstated. 19. First Reading of Ordinance No. 106.2004 Amending the Code of the City by the Addition of a New Section 23-115 Pertaining to Vacating Public Right -of -Way. Requests for the City to vacate portions of its public right-of-way (ROW) are received with regular frequency. These requests are normally from private property owners or developers who want to convert portions of the public ROW to private use. An informal process has been in place to deal with such requests, but the increasing frequency (now averaging 1-2 per month) has prompted staff to create policy and procedure language to insure consistent 431 July 6, 2004 responses to these requests. At present, the City Code is silent on this issue, and ROW vacations are handled in accordance with state law. Adding language to the City Code will clarify local policy and procedures, as well as reinforce state law (CRS 43-2-302). The proposed additions to the City Code will provide for an application process through the City Engineer's office. ROW vacation requests will then be routed for comment to utilities, other City staff, emergency service providers, and affected property owners. Based upon the comments received, a recommendation from the City Engineer will be forwarded through the Director of Transportation Operations to the Executive Director of Transportation Services. Recommendations for approval of a ROW vacation will then be forwarded to City Council for approval. Decisions of denial will be returned to the applicant. An appeals process will be available in accordance with the existing provisions of the City Code (Chapter 2, Article VI). 20. First Reading of Ordinance No. 107, 2004 Authorizing the Conveyance of Certain Real Property at the City Park Nine Golf Course. Thomas C. Lloyd has been an adjoining property owner of the City Park Nine Golf Course for many years. His property is at 1611 West Mulberry and is adjacent to the renovated 6th Green area and the 7th Fairway Tee Boxes. Mr. Lloyd submitted a proposal to Golf Manager Jerry P. Brown to purchase a strip of land along the northerly boundary of his property. This strip of land is 10' wide and 339' long, and contains 3,407 square feet. The location of this strip of land is in between the Golf Course's protective netting and Mr. Lloyd's property. Mr. Lloyd proposed to purchase this strip for $14,200, utilizing comparable square footage values as the City used for the Sheldon Lake Drainage Improvements, which impacted both Mr. Lloyd's property and the Golf Course. Staff did not identify any problems with conveying this strip to Mr. Lloyd. Conveying this strip will not materially impact the Golf Course and will remove an area that requires special efforts for maintenance and clean up. The subject land is not a stand alone piece of property and can only be useable if combined with adjacent land. Therefore, this tract was not offered to any other area property owners. 21. Items Relating to the Mulberry East First Annexation and Zoning A. Resolution 2004-078 Setting Forth Findings of Fact and Determinations Regarding the Mulberry East First Annexation. B. Hearing and First Reading of Ordinance No. 108, 2004, Annexing Property Known as the Mulberry East First Annexation. 432 July 6, 2004 C. Hearing and First Reading of Ordinance No. 109, 2004, Amending the Zoning Map and Classifying For Zoning Purposes the Property Included in the Mulberry East First Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 3.04 acres located on the south side of East Mulberry Street and west of Timberline Road. The proposed zoning for this annexation is C — Commercial. The property is developed. It includes a storm water drainageway and streets. It is in the FA - Farming Zoning District in Larimer County. This is a voluntary annexation of City -owned property. Staff is recommending that the property be placed in the C-Commercial Zoning District, which is in conformance with the City's Structure Plan, and that it not be included in the Residential Neighborhood Sign District. 22. First Reading of Ordinance No. 110, 2004 Amending Section 17-141 of the City Code Relating to the Carrying of Liquor or Other Fermented Beverages in Certain Places ("Open Container"). In the latest legislative session, the General Assembly passed a law allowing hotel/restaurant licensed patrons to re -cork an unfinished bottle of wine to take home. The City's current open container ordinance prohibits the carrying of a re -corked or resealed bottle of alcohol in any public place or automobile. Liquor licensing and distribution are matters of statewide concern. As such, City Code Section 17-141 needs to be amended to be consistent with the state law. The proposed amendment also prohibits the presence of a "re -corked" bottle of wine in the front passenger or driver area of a vehicle. 23. First Reading of Ordinance No. 111 2004 Amending Chapter I5 Article VIII of the City_ Code Relating to Pawnbrokers. Chapter 15, Article VIII ofthe City Code contains various provisions regulating the operation of pawnbrokers in the City in the interest of the public health, safety and welfare. In the most recent legislative session, the General Assembly amended the state statutes pertaining to the regulation of pawnbrokers by deleting the maximum "fixed period of time" for contracts for purchase and imposed a minimum period of time. The City may enact ordinances more restrictive than state law regulating pawnbrokers. However, to eliminate potential confusion among pawnbrokers regarding their legal obligations, staffrecommends that Sections 15-261 and 15-269 be amended to be consistent with state law. 24. Items Relating to the Contract Renewal Between the City of Fort Collins and Poudre School District Concerning the School Resource Officer Program. 433 July 6, 2004 A. Resolution 2004-079 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the Poudre School District to Provide School Resource Officers. B. First Reading of Ordinance No. 112, 2004, Appropriating Unanticipated Revenue in the General Fund for the School Resource Officer Program. This Resolution also authorizes that future amendments to the contract or future replacement agreements maybe executed by the City Manager to further this project specifically approved by the Council under City Code Section 1-19(b)(2). In April 1995, Fort Collins Police Services and Poudre School District created a mutually beneficial partnership through the School Resource Officer Program. Initially, this program assigned three officers to the primary high schools. Since that time the program has grown and now includes officers assigned to the primary high schools and all junior high schools within the city limits of Fort Collins. Services are also provided to the elementary feeder schools. 25. First Reading of Ordinance No. 113 2004 Amending Various Sections of the Fort Collins Traffic Code. This legislative session the Colorado General Assembly amended certain statutory provisions relating to seat belt use, license plates, interference with traffic control devices, red light camera use, spilling loads on highways and compulsory insurance. At the time of the adoption of the Traffic Code, it was the understanding of staff and Council that the Traffic 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 Traffic Code remains consistent with state traffic laws. 26. First Reading of Ordinance No. 083 2004 Amending Various Sections of Chapter 4 of the City Code Pertaining to Animals Staff has performed a comprehensive review of Chapter 4 of the City Code pertaining to animals in an effort to refine and update the animal code. This process began in early 2002 and has culminated in the proposed amendments in the Ordinance. 27. First Reading of Ordinance No 114 2004 Authorizing the Long -Term Lease of Property at the Fort Collins -Loveland Municipal Airport to Robert and Linda Eggleston for the Construction of an Aircraft Hangar. The ground lease allows Eggelston to construct a 54 foot by 48 foot hangar for personal aircraft storage. The land lease includes additional land around the hangar for use by the tenant. The ground lease form agreement has been changed from past agreements. A review 434 July 6, 2004 of the lease has been conducted by airport staff, City staff including attorneys and the Airport master plan consultant. The recommendations from this review have been incorporated into the new agreement. 28. First Reading of Ordinance No. 115 2004 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Street Oversizing Drake and Ziegler Road Realignment Project A slope easement and construction easement are required for the construction of improvements to Drake Road east of Timberline, across property owned by the Cargill Corporation ("Cargill"). This property is currently used for seed research and is an agricultural operation. This property was annexed into the City as an enclave. The property is now surrounded by the active developments of Rigden Farm and Sidehill. 29. First Reading of Ordinance No. 116, 2004 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Dry Creek Drainage Improvements Project The design portion of the Dry Creek Drainage Improvements Project ("Project') began in 2003. The construction of the Project is currently scheduled to start in 2004 with completion scheduled in 2005. The total project involves a combination of sub -projects in the upper, middle and lower basins to reduce the likelihood of flooding. This Ordinance does not automatically result in the filing of a petition in eminent domain; it simply allows staff to use the process if good faith negotiations fail to result in an agreement between the City and affected property owners. Staff is hopeful that all acquisitions will be accomplished by agreement. 30. Resolution 2004-081 Directing the City Manager to Initiate a Process for Disposition and Appropriate Development of Certain City -Owned Property Known as Block 33 This Resolution directs City staff to initiate a process which, if successful, would lead to the disposition of certain City -owned property in the downtown, and would result in development of the site in conformance with adopted City plans and policies. Specifically, the property would be characterized by residential development, mixed with other compatible uses, and designed to conform to the design standards of the Civic Center Master Plan and Downtown Plan. 435 July 6, 2004 31. Resolution 2004-082 Establishing Guidelines for Undertaking Measures to Help Control the West Nile Virus. The Larimer County Board of Health adopted the recommendation for spraying or "adulticiding" to control mosquitoes at its meeting on May 20. The Board recommended thresholds for adulticiding in urban density areas (based on 2003 Larimer County experience) and established the West Nile Virus mosquito risk index (average # of Culex females per trap night times infection rate/1000) at >= 0.75. 32. Resolution 2004-083 Appointing a Representative to the Colorado Municipal League. The Fort Collins City Council recommends that Interim City Manager Darin Atteberry be appointed to fill the vacancy on the Colorado Municipal League Policy Committee created by the June 15, 2004, resignation of former City Manager John Fischbach. 33 Routine Easements. A. Easement for Construction and Maintenance of Public Utilities from Ned and Linda Gehring, to underground electrical service, located at 1400 Ponderosa. Monetary consideration: $200. B. Easement for Construction and Maintenance of Public Utilities from James and Marcia Bird, to underground electrical service, located at 128 Yale. Monetary consideration: $200. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 8. Second Reading of Ordinance No 094 2004 Amending Chapter 26 of the City Code Related to Wastewater Discharges of Mercury from Dental Offices 9. Second Reading ofOrdinanceNo 095 2004 AuthorizingthePurchasingAgent toEnterinto an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment. 10. Second Reading of Ordinance No 096 2004 Authorizing the Grant of a Non-exclusive Easement to Qwest Corporation upon City -owned Propgrty. If. Items Relating to the Colorado Department of Transportation Proposed Rest Area A. Second Reading of Ordinance No. 097, 2004, Authorizing the Conveyance of Approximately 16 Acres of City Property and a Related Temporary Easements to the 436 July 6, 2004 Colorado Department of Transportation for Use and for a New Public Rest Area in Exchange for Approximately 22 Acres of Land and Related Access Easements. B. Second Reading of Ordinance No. 098, 2004, Authorizing the Amendment of the City's Mining and Reclamation Agreement With LaFarge for Mining on the Resource Recovery Farm in Connection with the Exchange of Land for a New Colorado Department of Transportation Rest Area. 12. Items Relating to Certain Lease Certificates of Participation Series 2004 A A. Second Reading of Ordinance No. 099, 2004, an Ordinance Approving and Authorizing the City of Fort Collins, Colorado, to Enter into a Quitclaim Deed from the City to Fort Collins Capital Leasing Corporation, a Site Agreement Between the City and the Corporation, a Lease Agreement Between the Corporation and the City, a Certificate Purchase Agreement among the Corporation, the City and George K. Baum & Company and a Guaranty Agreement Between the City and Ambac Assurance Corporation and Approving a Trust Indenture Between the Corporation and U.S. Bank National Association, as Trustee, a Deed of Trust and a Leasehold Deed of Trust from the Corporation to the Public Trustee of Larimer County for the Benefit of the Trustee and a Preliminary Official Statement and a Final Official Statement Relating to Certain Lease Certificates of Participation, Series 2004A. 13. Second Reading of Ordinance No. 101 2004 Amending Section 2-596 of the City Code and Setting the Compensation of the Interim City Manager. Ordinances on First Reading were read by title by City Clerk Krajicek. 12. Items Relating to Certain Lease Certificates of Participation Series 2004 A B. First Reading of Ordinance No. 120, 2004, Appropriating Proceeds from the Lease Purchase Certificates of Participation of the City of Fort Collins, Colorado, Series 2004A for the Purpose of Making Certain Capital Improvements (The Police Building and the Streets Deicing Facility Projects), the Acquisition and Conservation of Natural Areas, and for Costs of Issuance of the Lease Certificates Transaction. 14. First Reading of Ordinance No 102 2004 Appropriating Unanticipated Grant Revenue in the General Fund for the Operation of the Fort Collins Welcome Center. 15. First Reading of Ordinance No 103 2004 Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer ofApprropriated Amounts Between Accounts and Proiects for the Multi -Jurisdictional Drug Task Force 437 July 6, 2004 l 7. First Reading of Ordinance No. 104, 2004 Amending Various Sections of the City Code so as to Expressly Permit the Deferral of Certain Utility Impact Fees 18. First Reading of Ordinance No. 105 2004 Amending Section 20-22 of the City Code Relating to Unreasonable Noise. 19. First Reading of Ordinance No 106 2004 Amending the Code of the City by the Addition of a New Section 23-115 Pertaining to Vacating Public Ri t-of-Way. 20. First Reading of Ordinance No. 107, 2004 Authorizing the Conveyance of Certain Real Property at the City Park Nine Golf Course 21. Items Relating to the Mulberry East First Annexation and Zoning B. First Reading of Ordinance No. 108, 2004, Annexing Property Known as the Mulberry East First Annexation. C. First Reading of Ordinance No. 109, 2004, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Mulberry East First Annexation to the City of Fort Collins, Colorado. 22. First Reading of Ordinance No. 110, 2004 Amending Section 17-141 of the City Code Relating to the Carrying of Liquor or Other Fermented Beverages in Certain Places ("Open Container"). 23. First Reading of Ordinance No. 111.2004 Amending Chapter 15 Article VIII of the City Code Relating to Pawnbrokers. 24. Items Relating to the Contract Renewal Between the City of Fort Collins and Poudre School District Concerning the School Resource Officer Program B. First Reading of Ordinance No. 112, 2004, Appropriating Unanticipated Revenue in the General Fund for the School Resource Officer Program. 25. First Reading of Ordinance No 113 2004 Amending Various Sections of the Fort Collins Traffic Code. 26. First Reading of Ordinance No. 083 2004 Amending Various Sections of Chapter 4 of the City Code Pertaining to Animals. lM July 6, 2004 27. First Reading of Ordinance No. 114 2004 Authorizing the Long -Term Lease of Property at the Fort Collins -Loveland Municipal Airport to Robert and Linda Eggleston for the Construction of an Aircraft Hangar. 28. First Reading of Ordinance No. 115, 2004 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Street Oversizine Drake and Ziegler Road Realignment Project 29. First Reading of Ordinance No.116.2004 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Dry Creek Drainage Improvements Project ***END CONSENT*** Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas Councilmembers Bertschy, Kastein, Martinez, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Consent Calendar Follow-up Councilmember Tharp commented regarding item #26 First Reading of Ordinance No. 083, 2004, Amending Various Sections of Chapter 4 of the City Code Pertaining to Animals and item #24ltems Relating to the Contract Renewal Between the City of Fort Collins and Poudre School District Concerning the School Resource Officer Program. Councilmember Kastein spoke regarding item #24ltems Relating to the Contract Renewal Between the City of Fort Collins and Poudre School District Concerning the School Resource Officer Program. Staff Reports Interim City Manager Atteberry thanked those who worked on the July 4" event and noted that moving the daytime events to the downtown saved the City about $35,000. He reported that a GOCO $200,000 grant for the Children's Garden at the Gardens at Spring Creek had been received by the City. He reported that Mayor Martinez received the Colorado Municipal League's annual award for "best practices" for the Community at Work program on behalf of the City at the CML conference. 439 July 6, 2004 Councilmember Weitkunat asked if Council would be willing to consider ways to reduce the size of the status report regarding Council requests. Councilmember Bertschy stated he would favor including only current open requests on the status report. He suggested keeping items on the list for one month after completion. Councilmember Reports Councilmember Tharp reported on the North Front Range Air Quality and Transportation Planning Council meeting discussions relating to the Rural Transportation Authority and stated Fort Collins appeared to be the only entity not interested in the RTA. She reported that the options for a weighted vote issue were also discussed. Councilmember Kastein stated he would contact Loveland about its position on the RTA and would ask the MPO staff about the weighted vote issue. Mayor Martinez reported that the U.S. Conference of Mayors had adopted a Resolution relating to Practical Housing for All. Options for the City's Match to Fund a Tenant Based, Pilot Rental Assistance Program (Options 1 2 and 3)Option 1 Adopted The following is staff's memorandum on this item. "FINANCIAL IMPACT The City will use $169, 651 of existing funds to provide a local cash match for a two-year Tenant Based, Pilot Rental Assistance Program. There are no ongoing expenses. EXECUTIVE SUMMARY The Colorado Division of Housing ("DOH') approached the City and the Fort Collins Housing Authority (FCHA ) regarding a Tenant Based, Pilot Rental Assistance Program ("Program ) for a two-year pilot period. DOH, with the lead of anew director, is focusing on responding quickly to changing local market conditions for affordable housing. Consequently, DOH identified three communities with unique needs: Colorado Springs, Denver Metro area, Fort Collins/Loveland. The identified unique needs include double digit rental market vacancy rates, financially challenged low- income affordable housing projects, demand exceeding capacity in homeless shelters, and large waiting lists for deep subsidy programs like Section 8 vouchers. July 6, 2004 The State Housing Board has committed $2.8 million ofDOH money to these three communities; Fort Collins/Loveland is to receive $465,000. The funds are for a two-year, stop -gap, rental assistance program that would target between 35 and 70 families earning 0-30% ofArea Median Income, workingfamilies in shelters, homeless individuals and families, those on Section 8 waiting lists, and other local preferences to be defined. The funding will provide rental assistance, security deposit assistance, case management for self-sufficiency and project administration. The economy has created a great burden on extremely low-income families. Staff research shows that Housing and Urban Development ("HUD') economists do not foresee the market changing until mid-2006. The Program's expected lifetime is two years and participants will be required to sign contracts indicating their understanding that the assistance will not continue beyond that time. Participants will also be required to participate in goal setting and intensive case management in order to help them become more self-sufficient during that time. As a family becomes more self- sufficient and its income increases, the amount ofsubsidy will decrease, thus freeing up subsidy for other families. The FCHA negotiated the Fort Collins community local cash contribution with DOH to be $169, 651 which can be dispersed semi-annually beginning July 2004. Each of the semi-annual payments would be $42,412.75, for a total of $169,651 over the two year period. The FCHA will be the administrative agent for this Program and the funding will be dispersed to FCHA. City Council approved Resolution 2004-045 in March 2004, and directed the City Manager to identify a source for funding the cash portion of the local contribution that will be required by the DO11from the City. There are three options to fund the required local cash contribution OPTIONS: 1. Affordable Housing Trust Attached (Attachment A) is a cash flowschedule for affordable housing that includes the withdrawal ofmonies to fund the DOH required local cash match over the two year period. Based on cash flow estimates, there would not be a significant effect on the Affordable Housing Trust balance. No appropriation is required as historically, any year-end balance is reappropriated for use in the following year. 2. General Fund Undesignated Reserves The estimated General Fund reserves available to fund the required contribution are currently $3,564,834 this includes $2,392,279 which is the TABOR overage for 2003. A Council approved appropriation would be required (First Reading of Ordinance No. 118, 2004, Appropriating Prior Year Reserves in the General Fund for Matching Funds for a Tenant Based, Pilot Rental Assistance Program) to use the reserves, for this purpose. The total amount required for this two year program 441 July 6, 2004 ($169, 651) could be appropriated and encumbered. Monies required for each of the four payment periods would be released per the disbursement schedule. 3. Community Opportunity Account The current balance in the Community Opportunity Account is $306, 080. This money is currently appropriated for use. Each year, $190,200 of ongoing funds is added to the account. Any end of year balance is reappropriated for use in the following year and is added to the $190,200. No appropriation is required RECOMMENDATION. - Since the Program is an affordable housing program, it would be appropriate to use Affordable Housing Trust monies for the two-year period. No appropriation is needed because balances in the Trust are reappropriated for use in the coming year. The use of Affordable Housing Trust monies for the Program will not have a significant effect on the Trust's cash flow. If Council selects Option 2, the appropriation ordinance included with this Agenda Item Summary should be adopted. If Council selects Option I or Option 3, no additional action by ordinance is necessary. " Interim City Manager Atteberry introduced the agenda item. Deputy City Manager Jones presented background information regarding the agenda item. She stated Fort Collins had unique needs with regard to rental housing for struggling families, including double digit rental market vacancy rates, financially challenged low income affordable housing project, demand exceeding capacity in homeless shelters, and large waiting lists for deep subsidy programs. She stated the State Housing Board committed $2.8 million statewide and that Fort Collins -Loveland would receive $465,000 for a two-year stopgap rental assistance program targeting families earning zero to 30% of the area median income, working families in shelters, homeless individuals and families, and those on Section 8 waiting lists. She stated the program would assist 30-70 families in the area and that funding would provide rental assistance, security deposit assistance, and case management intended to help families become more self-sufficient. She stated Fort Collins -Loveland would be required to provide a match of $169,651 over the two-year period. She stated staff was recommending that Council fund the match from one of three options identified: (1) the Affordable Housing Trust, (2) General Fund Undesignated Reserves, or (2) Community Opportunity resources. She stated staff was recommending that the cash match come from the Affordable Housing Trust (about $84,000 per year for two years). She stated there would be no significant negative impact on the Fund balance, that no appropriation would be required, and that the two-year pilot program was related to affordable housing needs. Councilmember Tharp asked why the money should not come out of the General Fund. Jones stated out of the $3.6 million ofUndesignated Reserves, $2.3 million was related to the TABOR overage, 442 July 6, 2004 monies maybe needed for unfunded needs for the Poudre Fire Authority, the 2005 exception process was upcoming, there were unfunded transportation needs, and the City was "not out of the woods" with regard to revenue. She stated reserves might be needed for unanticipated needs. She stated monies were available in the Affordable Housing Trust Fund and there was sufficient cash flow. Councilmember Bertschy asked for an explanation about the Community Opportunity Account. Jones stated there was about $200,000 per year earmarked for items such as the West Nile virus larvaciding program, sales tax rebates for citizens, grant matches and other unanticipated opportunities. She stated if money was not available for such uses in the Community Opportunity Account, staff would have to ask Council for Undesignated Reserves. Councilmember Tharp asked how much was in the Community Opportunity Account. Jones stated the current balance was $306,000 including a carryover from previous years. Councilmember Weitkunat asked if the Affordable Housing Trust Fund had any use restrictions. Jones stated it was primarily used to address affordable housing production needs and policies. Councilmember Weitkunat asked why it would not be appropriate to use the Affordable Housing Trust Fund in this situation. Jones stated staff believed that it was appropriate and this was one of the reasons that this option was recommended by staff. Councilmember Weitkunat asked why two other options were explored when it seemed appropriate to use the Affordable Housing Trust Fund for the match. Jones stated staffs intent was to let Council know there were some choices. Councilmember Kastein asked about the breakdown for the funding received by Fort Collins and Loveland. Julie Brewer, Housing Authority Executive Director, stated about 40 families in Fort Collins and 10 families in Loveland would be assisted. Councilmember Kastein asked if the City was therefore increasing the Affordable Housing Trust Fund. He asked if the money received would go into the Affordable Housing Trust Fund. Jones stated the money would not go into that Fund. Councilmember Kastein asked if the City had any kind of rental assistance program. Ms. Brewer stated there was no emergency rental assistance program. Councilmember Kastein asked if there would be any problems with losing the $169,000 from the Affordable Housing Trust Fund. Ms. Brewer stated it would be difficult to predict how many applications would be received in the next cycle. Jones stated the Fund ebbed and flowed with the economy and that staff believed that this would be appropriate at this time. 443 July 6, 2004 Councilmember Tharp stated the Affordable Housing Trust Fund regularly had more needs than available resources. She stated 18% was cut out of the Trust Fund for 2004 and that taking this additional money from the Trust would mean a 37% cut over the two-year period. She suggested taking the money from the Community Opportunity Fund if it could not be taken from the General Fund. She stated she did not favor reducing the Affordable Housing Trust Fund. She stated this was an "opportunity" to make an impact on the ability of people to have homes. Councilmember Tharp asked if the Affordable Housing Trust Fund was depleted during each competitive cycle. Jones replied in the negative. Councilmember Weitkunat stated it would be important to keep the affordable housing dollars in "similar pots." She stated rental was an important part of the affordable housing package and that she would rather take the money from the Affordable Housing Trust Fund. She stated the fact that there was a carryover balance in the Trust Fund indicated that it was not in jeopardy. Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt Option 1 (funding the match from the Affordable Housing Trust Fund). Councilmember Bertschy stated he favored taking the money from the Community Opportunity Account. He asked if an appropriation could be made from the carryover CDBG funds. He suggested taking the money from the Community Opportunity Account and looking into an application for a refund during the next CDBG cycle. Ms. Brewer stated this would not be an eligible CDBG expense and that it would be an eligible HOME expense but would involve much "red tape." Councilmember Tharp asked why there was carryover money in the Affordable Housing Trust Fund. Jones stated the General Fund made an annual contribution to the Trust Fund and that in this fiscal year the amount was about $735,000. She stated there was a balance from the previous year of $1.1. She stated there was a competitive process for the dollars and that eligible projects that had applied had not used all of the available funds. She stated unused funds were carried over in the Trust Fund and would be available for future use. Councilmember Tharp asked if the Trust Fund money was already committed for projects. Jones stated if any of the funds were committed that there would not be a projected balance. Councilmember Weitkunat stated the match would be about $80,000 per year for two years and that it appeared to be safe to assume that the funds would be there. Councilmember Kastein stated he was uncomfortable with using General Fund money because it would make this a higher priority than every other possible thing that could be done with General Fund money. He stated this would also be the case with taking it from the Community Opportunity July 6, 2004 Account. He stated taking it from the Affordable Housing Trust Fund would be saying that it was the most important thing to be funded from that Fund. Councilmember Tharp stated taking it from the General Fund or Community Opportunity Account would mean expanding the City's commitment to homeless people. She stated taking the money from the Affordable Housing Trust Fund would mean decreasing the money available for affordable housing. Mayor Martinez stated there was a lot of carryover for the Affordable Housing Trust Fund Councilmember Kastein stated he appreciated Councilmember Tharp bringing this issue to the fore. He stated there would be a net benefit to the City of roughly $200,000. Councilmember Weitkunat stated this was an excellent program and that she saw a direct connection to affordable housing. She stated the money should come from the Affordable Housing Trust Fund. Councilmember Bertschy stated he would prefer that the money come from the Community Opportunity Account. He stated he was concerned about the shrinkage in the City's support for affordable housing. Councilmember Tharp stated she would not support the motion because she did not believe that the money should come from the Affordable Housing Trust Fund. Mayor Martinez stated he would support the motion because the City would be gaining assistance to 40 families. He stated he would not support taking the money from other areas when there was funding available in the Affordable Housing Trust Fund. The vote on the motion was as follows: Yeas: Councilmembers Kastein, Martinez and Weitkunat. Nays Councilmember Bertschy and Tharp. THE MOTION CARRIED Items Relating to the Executive Search Process Adopted The following is staff s memorandum on this item. "FINANCIAL IMPACT Staffestimates that the cost ofconducting this search will be approximately $60-70, 000. These costs include the contract with an executive search firm, advertising expenses, candidate expenses and interview costs. 445 July 6, 2004 EXECUTIVE SUMMARY A. Resolution 2004-084 Establishing a Process for Appointment of the City Manager. This Resolution establishes a process to be used by the Council and staff in conducting the search for anew City Manager. The Resolution addresses four aspects of the recruitment and selection process, including: a. Hiring and role of executive search firm; b. Role of staff c. Role of Citizen Advisory Committee; and d. Role of Executive Lead Team. B. Resolution 2004-085 Establishing a Citizen Advisory Committee for the Executive Search Process. This Resolution establishes the Committee and describes its role in the executive search process. At Council's June 15, 2004 study session, a process for conducting the executive search process to fill the City Managerposition was discussed. At that time, Council agreed to several aspects ofthe process. First, Council agreed that it would contract for the services ofan executive search firm to work with staff in the recruitment and selection process. The role of the consultant will include the following: 1. Assist in the development ofthejob description for the City Managerposition; 2. Conduct a national recruitment for the position, including placing advertisements inappropriate publications, as well as recruitment ofspecific candidates known to the consultant; 3. Receive and screen applications so as to recommend semi-final candidates to the Council for its review. Second, Council agreed that it would use the services of staff members in the recruitment and selection process. The role of the staff will include the following: 1. Provide assistance to the Council in selecting an executive search firm; 2. Provide information in the development of the position profile; Im July 6, 2004 3. Provide assistance to the Council during the interview, background check selection and negotiation process, as required; and 4. Provide information and community tours to candidates. Third, Council agreed to establish a Citizen Advisory Committee to assist in the process. Members of the Committee will be recruited from the community and should represent a broad cross-section of interests. The seven Committee members will serve in an advisory capacity to the City Council regarding the development of the job description. The Committee will also interview and make recommendations to Council regarding the finalists for the position. Finally, Council agreed to involve City staffin the search process by establishing a staffcommittee comprised ofthe Executive Lead Team members. The staff committee will provide input on the job description and also participate in the final interview process. Executive Lead Team members will also be asked to solicit feedbackfrom employees on the final candidates and provide that feedback to Council. Attachment A is a current detailed time line and work plan for the executive search process. It provides information about the steps involved in completing the recruitment and selection process, as well as the individuals or groups who are responsible for completing each action item. " Rick De La Castro, Human Resources Director, presented background information regarding the agenda item. He stated two Resolutions were being presented for consideration. He stated Resolution 2004-084 documented the June 15 Study Session discussions and laid out a four -phase recruitment and selection process. He stated Resolution 2004-085 would establish a Citizen Advisory Committee to aid Council in the establishment of a position profile and to participate in the interview and selection process and provide feedback to Council. He outlined the time line for the proposed recruitment and selection process and stated this was an ambitious time frame. Kelly Ohlson, 2040 Bennington Circle, stated the process had been seamless to this point. He indicated that he would like to speak about the second Resolution and appointments to the Citizen Advisory Committee. He stated he had never liked staff and management being involved in developing categories for City Council appointments. He stated when this was done the list was often dominated by economically vested interests. He stated the elected Councilmembers should be the ones to select the people to be appointed to committees. He stated nine of the 12 sectors outlined for the committee represented business interests. He stated Council should select the sectors and/or the individuals. He recommended that Council appoint people who would fit more than one category. Councilmember Tharp made a motion, seconded by Councilmember W eitkunat, to adopt Resolution 2004-084. 447 July 6, 2004 Councilmember Weitkunat stated this Resolution defined the process for the appointment Councilmember Tharp stated the Human Resources Director had indicated that this was a fast track time frame. She stated she would still like the Council to aim for a January 1 appointment deadline and that she favored shortening waiting times and otherwise tightening up the schedule. Councilmember Kastein thanked the staff for its work in putting together the process. He stated there were four adjunct personnel -type groups involved, including an executive search firm, the staff, a Citizen Advisory Committee, and the Lead Team (department heads). He stated the Council would make the decision with input from all of those groups. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Councilmember Tharp made a motion, seconded by Councilmember Kastein, to adopt Resolution 2004-85. Councilmember Bertschy noted that staff had asked for some feedback on how the Citizen Advisory Committee should be selected. He stated it would be helpful to have more clarity on the process and agreement from all seven Councilmembers on how it should work. He stated it might be helpful to have each Councilmember determine priorities. Mayor Martinez stated a staff memorandum had been done to outline various options. He asked that Council consider Option C as outlined in that memorandum. Councilmember Tharp suggested that the Resolution be adopted and that Council consider, under Other Business, directing staff to follow-up on Option C (Council to rank the names from a list of names suggested by Council and staff, the top seven to be on the Committee and the next seven to be alternates). Mayor Martinez stated he would support that approach. Councilmember Weitkunat stated she always favored a process that would include people who were community connected and involved in a variety of ways. Councilmember Bertschy stated it was a good suggestion to look at a variety of interests rather than one narrow area. Gif:3 July 6, 2004 Councilmember Tharp stated she would be interested in hearing community ideas about the search process or what the City should look for in the next City Manager either individually or in some kind of structured format (such as during a portion of a Council meeting or on the website). The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Ordinance No. 103, 2004 Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi -Jurisdictional Drug Task Force Adopted on First Reading_ The following is staff's memorandum on this item. "FINANCIAL IMPACT The City has received a grant for the Larimer County Drug Task Force from the Office ofDrug Control and System Improvement (Byrne Grant) in the amount of $250, 000. The funding cycle for this grant is July], 2004 through June 30, 2005. The requested local match of $121, 851 is already appropriated and available in the Police Services Budget. The City of Fort Collins has also received a $5, 000 grant from Colorado State University for its share of training costs at the Larimer County Drug Task Force. EXECUTIVE SUMMARY The Larimer County Drug Task Force ("Task Force') includes Fort Collins Police Services, Loveland Police Department, Larimer County Sheriffs Department, Drug Enforcement Administration, and the Colorado State University Police Department. Fort Collins Police Services applied to the Office ofDrug Control and System Improvement (Byrne Grant) on behalf ofthe Task Force forfederal grant monies to help fund the investigation of illegal narcotics activities in Lorimer County. The City has recently received notification of the grant award in the amount of $250, 000, plus an additional $5, 000 from Colorado State University. The participating agencies must provide matching funds in the amount of $420,676. Fort Collins' portion of the match is $121,851. These funds will be used to match personnel costs related to the assigned Colorado State University Detective, rental and operational costs at the TaskForce off -site location, overtime funding to help offset the overtime costs of each participating agency, and July 6, 2004 confidential funds to be used for the purchase ofnarcotics from drug dealers by undercover police officers. This appropriation is not a request to identify new dollars for the Fort Collins Police Services 2004 budget. This action appropriates the $250,000 in new federal grant money and $5,000 to be received from Colorado State University. As the administrator of this grant, Fort Collins Police Services will assure participating agencies receive their share of the funds. " Interim City Manager Atteberry stated staff would be available to answer any questions. Mark Brophy, 1109 West Harmony Road, stated when he was gathering signatures for the grocery tax petition, one of the petitioners signed various names on the petition. He stated he reported that individual to the Police Department and was informed that 80% of investigations involved looking for people who sold or manufactured methamphetamines ("speed"). He stated the police should be looking at crimes where there was a victim, such a passing bad checks or fraudulently signing a petition. He stated too much time was being spent putting "pot smokers and speed users" in jail when they would never stop using pot or speed. He asked that the Council look at whether the City should participate in the multi -jurisdictional drug task force at all because it was a waste of money. Councilmember Bertschy made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 103, 2004 on First Reading. Mayor Martinez stated the Ordinance would be of benefit to the community. Councilmember Tharp stated the City was also concerned about fraudulent signatures and bad checks. She asked if the Police Department did work on such crimes. Craig Dodd, Police Services, stated the Police Department did work on those types of crimes, although there were not as many resources assigned in those areas. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED 450 July 6, 2004 Resolution 2004-081 Directing the City Manager to Initiate a Process for Disposition and Appropriate Development of Certain City -Owned Property Known as Block 33 Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY This Resolution directs City staff to initiate a process which, if successful, would lead to the disposition ofcertain City -owned property in the downtown, and would result in development ofthe site in conformance with adopted City plans and policies. Specifically, the property would be characterized by residential development, mixed with other compatible uses, and designed to conform to the design standards of the Civic Center Master Plan and Downtown Plan. Block 33 was assembled by the City through several purchases. The Howes Street stormwater outfall crosses the middle of the block from south to north. A report distributed to Council last March provided background on the property and proposed uses, including a review of the policy basis, conceptual design of improvements, the value of the real estate, and options for offering the site to the private sector. The staff recommends using a process often referred to as an "exclusive negotiating agreement ", which gives mutual benefit to the City and to potential developers. The City would issue a request for statements ofqualifications from interested development companies or teams, and include in the request specific goals to be achieved by development of the site. Staff would choose the best qualified developer, and enter into an agreement to negotiate exclusively with that developer or team prior to returning to the City Council for a final action on disposition of the property. This appears to bean excellent time to put the property into the market. The housing industry is currently responding to a demand for housing downtown with several other projects. While those tend to be high -end products, staff expects Block 33 to hit the middle of the market. The historic Car Barn will stay in City ownership, with a full quarter block ofproperty, to provide for its historic context, yard space, and any future parking needs." Interim City Manager Atteberry stated staff would be available to answer questions. Councilmember Tharp asked why the City wanted to sell City -owned property. She stated the City was growing, that this property was in the vicinity of other City facilities, and that there might be a long term need for property in the area. She stated selling the property would remove an option for future expansion. She questioned whether selling the property was in the best interest of the City in the long term. Greg Byrne, CPES Director, stated other City needs were evaluated when the 451 July 6, 2004 options for the property were considered. He stated the only identified need at this point was a long term need for parking downtown. He stated there was agreement that this was not the best site for a parking garage. He stated the Civic Center Master Plan called for residential development of the property and that the Downtown Strategic Plan Update also suggested private development of the site. He stated staff was following that policy direction in recommending the sale of the property. He stated staff believed that the City would not need the property and that a second City office building would be built on the block to the south. He stated sites had been purchased for the library and a performing arts center, that the police building would be moving out of the downtown, and that the Northside Center would remain at its current site. He stated this site was between the new City office building (to the south) and a new project near Martinez Park (to the north). He stated it was an unsightly piece of property given the new development that would occur. He stated leaving the property in that state for the foreseeable future with no known need did not seem to be appropriate. Councilmember Bertschy stated he also had concerns about selling the property given recent difficulties in acquiring property. He asked where the money would go when the property was sold. Interim City Manager Atteberry stated there were other options besides a land sale. He stated there might be a public -private partnership on this site as well. He stated if the property was sold that the money would go into the General Fund. Byrne stated it might be appropriate to use the money for additional parking. He stated this was the first step intended to determine if the Council wanted to start the process and that additional work would take place if the Council adopted the Resolution. Councilmember Bertschy asked if this site would be eligible for land banking. Byrne replied in the affirmative. He stated staff did not consider it for the land bank primarily due to the land costs in the downtown area. He stated more acreage per dollar was available at sites that were further out. He stated this property was market -ready and ready for development. He stated there were opportunities to bring affordable housing into a housing project on the site. He stated money could be set aside from the Homebuyer's Assistance Program for this property. Councilmember Weitkunat asked for some of the history on this property and how long the City had owned the property. She asked if the original intent was to use the property for stormwater. Byrne stated the City acquired a lot of the property with the intent of using it for the Howes Street outfall, which occupied 40-50 feet through the middle of the block. He stated the City acquired the historic trolley barn many years ago and that there was no proposal to dispose of that because there were City uses for that building. He stated the City had considered moving City offices into the old Kramer auto shop and that those options proved to be too expensive. Councilmember Weitkunat stated she would like more information about the exclusive negotiating agreement and how the process would work. Byrne stated it was a process whereby the City as the property owner would issue a Request for Qualifications to ask for developers to give their experience and qualifications for taking a project like this forward. He stated this would be a relatively inexpensive proposal compared with a Request for Proposals. He stated an exclusive negotiating agreement would be set for a period of time and that the negotiating partner would be 452 July 6, 2004 expected to do some of the work (a market study, a proposal to develop the property, a financing proposal, etc.). He stated the exclusive negotiating agreement would indicate to the developer that the City did not intend to work with anyone else on the project and that the developer could move forward with confidence provided it would come up with a feasible proposal that would meet the City's needs. Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt Resolution 2004-081. Councilmember Kastein stated it was important for the City to have the necessary property and for the City to "back out" when property was not needed so that the private sector could undertake quality commercial or residential development in the downtown. He stated the City was "sitting on prime real estate in downtown Fort Collins" and that it should not be doing that if the property was not needed. He stated this was the right time to sell the property. Councilmember W eitkunat stated this was an opportunity to work within a public -private partnership in a direction that would be the best for the community. Councilmember Tharp stated she had some concern about future City needs. She stated once the property was sold that it would be lost to the City. She stated she would hesitate to support the motion. Councilmember Bertschy stated this was a prime site for housing and that more housing was needed in the downtown area. He stated he also had concerns about selling property when property was so hard to acquire. Mayor Martinez asked if this site could become affordable housing. Byrne stated his recommendation would not be for an affordable housing project but would be for a market -rate housing project, which would bring in support for downtown businesses that provided neighborhood services. He stated it would be feasible to have some affordable housing units within a market -rate housing project. Councilmember Kastein stated the Council was interested in seeing the downtown succeed. He stated the City should be careful with land because it was hard to acquire it, especially in the downtown. He stated many of the City purposes in the downtown had been accomplished. He stated the downtown now needed an influx of creativity, residential design, and market -driven mixed use properties. He stated this would be an opportunity to accomplish that and that it was important to go ahead with this Resolution. 453 July 6, 2004 The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Resolution 2004-082 Establishing Guidelines for Undertaking Measures to Help Control the West Nile Virus Adopted The following is staff s memorandum on this item. "EXECUTIVE SUMMARY The Lorimer County Board of Health adopted the recommendation for spraying or "adulticiding" to control mosquitoes at its meeting on May 20. The Board recommended thresholds for adulticiding in urban density areas (based on 2003 Lorimer County experience) and established the West Nile Virus mosquito risk index (average # of Culex females per trap night times infection rate/1000) at >= 0.75. At its June 22 study session, the following direction was given to staff Council generally supported adoption of the trigger criteria to guide use of adulticides as part of the City's West Nile Virus Integrated Pest Management Program and directed that the City be prepared to fund the use of adulticides as frequently as indicated by the criteria. Council also supported staffs recommendations regarding the provision of general notice of spraying activities: limited shut off provisions for sensitive individuals and locations and use of subscription e-mail and telephone notification services when requested. " Interim City Manager Attebeny stated staff would be available to answer any questions. Councilmember Kastein made a motion, seconded by Councilmember Tharp to adopt Resolution 2004-082. Councilmember Weitkunat stated this was discussed at length at a study session and that she had received a lot of feedback from the community. She stated she was strongly supportive of the Resolution. an July 6, 2004 Councilmember Tharp stated she had talked with staff a number of times to ensure that what would be used for mosquito control was the least hazardous option for people and insects. She stated the health of people came first but that the environment should also be protected. She stated the best available methods were being used at those times the Health Department indicated that "trigger points" had been reached. She stated West Nile was a serious health problem and that the City should move ahead with this. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Resolution 2004-083 Appointing a Representative to the Colorado Municipal League Policy Committee Adopted The following is staff s memorandum on this item. "EXECUTIVE SUMMARY Each member municipality of the League with a population over 100, 000 is entitled to designate two representatives to the Colorado Municipal League Policy Committee. The Fort Collins City Council recommends that Interim City ManagerDarin Atteberry be appointed to fill the vacancy on the Colorado Municipal League Policy Committee created by the June 15, 2004, resignation offormer City Manager John Fischbach. 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 orfour times a year, before and during legislative sessions as well as in May prior to the annual conference. " Interim City Manager Atteberry stated staff would be available to answer any questions. Mark Brophy, 1109 West Harmony Road, stated the Colorado Municipal League had seven full-time lobbyists to lobby the State government for expanded government. He stated he did not believe that was an appropriate use of taxpayer funds. He stated the City also had a full-time lobbyist. He asked 455 July 6, 2004 that Council withdraw all money that goes to lobbying for expanded government or anything else. He stated government should not be lobbying at all and that any City employees devoted to lobbying should be fired. Councilmember Bertschy made a motion, seconded by Councilmember Tharp, to adopt Resolution 2004-083. Councilmember Weitkunat stated the City had been a member of the Colorado Municipal League for many years. She stated the Colorado Municipal League represented the interests of municipalities at a state level. She stated it was extremely important to have a united front regarding matters of local concern. She stated it was important for the City to have representation in the Colorado Municipal League. Councilmember Tharp stated the Colorado Municipal League was a valuable organization for information sharing and for helping to shape legislation to ensure less impact on the local government. She stated it was appropriate for the City to be involved in the Colorado Municipal League. The vote on the motion was as follows: Yeas Councilmembers Bertschy, Kastein, Martinez, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Other Business Councilmember Bertschy recommended that the Council look at Option C for the appointment of a Citizen Advisory Committee for the executive search process. He stated Option C read as follows: "Prepare a list of names, including all those suggested by Councilmembers and those who are on the matrix and were sent to Council; Councilmembers rank order all the names; the top seven names would be selected to sit on the Committee; the next seven in the rankings would be identified as alternates; the final list goes to Council to consider a Resolution on August 17, 2004." Mayor Martinez asked if the understanding would be that each Councilmember would each select a first and second choice and that the first choice for each Councilmember would sit on the Committee and the second choice would be an alternate. Councilmember Tharp stated Option C did not indicate that as the process. Mayor Martinez asked that staff determine whether Council would support his suggestion as a modification to Option C or whether Option C should be followed as written. 456 July 6, 2004 Councilmember Kastein stated he believed that Council had agreed at the study session that staff would put together a list of names that would represent sectors of the community and serve as the Committee. He stated the Council would have the opportunity to review and "tweak" the list. Mayor Martinez stated the modified Option C had been suggested. Councilmember Tharp stated Option C would provide for a combination of names from the original list and names suggested by Council. She stated each Councilmember would choose seven names and that Council would look at and rank order all of the names on the combined list. She stated she would favor the process as outlined in Option C. Councilmember Kastein stated he believed that Option C was in process. He stated he would like the caveat that Council would look at the list of the top seven to determine that they represented a cross section of the community. Deputy City Manager Jones stated staff's understanding was that the matrix list and any names suggested by Council would be blended into one list, that Council would rank order the names, that staff would collect and calculate the rankings to develop a list of the top seven, and that those names would be reviewed by Council. Councilmember Kastein stated that was not quite his understanding. Jones stated the other option would be for Council to review and rank order the list of names submitted by the Council. She stated it washer understanding that staff would take the list of names (received to date from the Council) and send it out for each Councilmember to rank all of the names off the total list. Mayor Martinez stated it was his understanding that each Councilmember would pick seven and rank them from 1 to 7. Councilmember Weitkunat asked if this meant that each Councilmember would rank each Councilmember's list of seven from 1 to 7. Mayor Martinez stated that was his understanding of how the process would work. De La Castro stated this could result in ties and that a process to resolve that would have to be identified. Councilmember Weitkunat stated the Council would then discuss whether there was sufficient representation from each category and community interest. Jones stated the same exercise could be conducted for the selection of alternates. Councilmember Weitkunat stated the process of ranking the seven selections should be sufficient to arrive at alternates. 457 July 6, 2004 Mayor Martinez favored keeping the alternate list separate rather than blending the lists so that the Council would know who each Councilmember had identified as an alternate_ Councilmember Kastein asked if the ranking would therefore be from I to 12. Councilmember Tharp stated this would not follow Option C and that she preferred Option C. Jones stated she would put together her understanding of the direction and ask Council for feedback. Adjournment The meeting adjourned at 8:00 p.m. Mayor ATTEST: i