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HomeMy WebLinkAboutMINUTES-02/19/2008-RegularFebruary 19,2008 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, February 19, 2008, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy, and Troxell. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Eric Sutherland, 631 LaPorte Avenue, stated the Electric Energy Supply Policy, adopted by Council directs the Fort Collins Utilities to pursue a plan to procure electrical energy from renewable sources in order to delay additional fossil fuel generation yet using renewable energy credits does not accomplish this goal. He believed a different approach was necessary to accomplish the goal. Denise Rogers, 1503 Windcreek Court, member of the Affordable Housing Board, expressed concern regarding the proposed Code changes to the Rental Housing Standards, Dangerous Building Code and Exterior Property Maintenance Code. The Affordable Housing Board supports the proposed changes to the Dangerous Building Code and the Rental Housing Standards that deal with tenant health and safety. The Board opposes changes that deal with aesthetic issues such as landscaping. The new requirements would place a significant financial burden on low income households. The cost of complying with the new standards for rentals would then be passed on to the tenants themselves and could price many renters out of their affordable housing. The proposed changes to the Exterior Property Maintenance Code create the greatest burden for the lowest income households. The proposed low interest loan programs to help these families are completely inadequate. Ray Czaplewski, 2012 Huntington Circle, stated his support for the proposed Exterior Property Maintenance Standards. Older neighborhoods do not have homeowner associations to address severe deterioration of individual properties which can reduce the quality, liveability and value of old neighborhoods. Reiner Lomb, 6718 Avondale, Fort Collins Sustainability Group representative, encouraged Council to adopt the proposal brought by the Climate Task Force. Council needs to find funding for the measures included in the proposal. 133 February 19, 2008 Lisa Olivas, 825 East Elizabeth, Fort Collins Sustainability Group representative, urged Council to examine all recommendations given by the Climate Task Force to help Fort Collins reach to the greenhouse gas emissions goal by 2010. Paul Smith, 1980 Welch Street, requested Council adopt the Climate Task Force recommendations. Any delay in implementing changes to reduce greenhouse gas emissions will be extremely expensive. Cheryl Distaso,135 South Sunset, urged Council to adopt a resolution calling for withdrawal of U.S. troops from Iraq. She encouraged Council to adopt the Climate Task Force recommendations. She did not support the proposed changes to the Exterior Property Maintenance Code as the changes will affect low income households in a negative way. She asked Council to halt discussion on newsracks and focus on more important issues. John Anderson, Fort Collins resident, asked Council to adopt the Climate Task Force recommendations and consider lower targets than the Climate Task Force was recommending. He did not believe purchasing renewable energy credits was of any benefit to the City. Lloyd Walker, Fort Collins resident, urged Council to adopt the proposed changes to the Exterior Property Maintenance Code. Neighborhood appearance does affect both the quality of life and the value of a neighborhood and should be regulated. Eric Kronwell,1119 Monticello Court, stated the proposed changes to the Rental Housing Standards are not necessary as the current Rental Housing Code requires that rental units comply with "currently enacted" building codes. There have been many building code changes that have required the Rental Housing Code also to be changed, so the Rental Housing Code is current. Clint Skutchan, 719 Great Plains Court, thanked Council for the work session held on I-25 interchanges. He is a member of the Natural Resources Advisory Board and requested no meals be served at Board meetings as too much funding is spent on meals and that could be redirected into local programs. He called upon other Boards and Commissions to examine the funds spent on meals and to consider, on a voluntary basis, discontinuing the purchase of meals and redirecting those funds into local programming. Nancy York, 130 South Whitcomb, expressed her concern regarding renewable energy credits, the effect of the proposed changes to Exterior Property Maintenance Standards and the cost of upgrading the I-25 interchanges. Citizen Participation Follow-up Councilmember Troxell asked for an accounting of funds spent on meals for Board meetings. City Manager Atteberry noted that many Boards meet in the evening so members must come directly from work to Board meetings. Providing a meal for Boardmembers is a small way the City can thank those who volunteer. 134 February 19, 2008 Councilmember Ohlson stated it is difficult to recruit citizens to serve on the City's Boards and Commissions. The volunteers deserve a meal and it is a small price for the City to pay to encourage citizens to share their expertise. Any accounting of meals provided should also include the cost savings on consultant fees as citizens provide their expertise for free so the City does not need to hire outside consultants. Councilmember Ohlson asked staff to meet with Mr. Sutherland to determine his top five concerns and then to provide answers to those questions to Mr. Sutherland and to Council. Councilmember Ohlson stated newsracks was an issue brought before Council by the Downtown Development Authority and Downtown Business Association and had been a topic of discussion for five years. Councilmember Roy agreed food should be provided for the volunteers that serve on the City's Boards and Commissions. The City is spending approximately $400,000 outside of the state of Colorado on renewable energy credits. He requested information on local renewable energy production that could be created instead of buying renewable energy credits. Mayor Hutchinson requested a work session on renewable energy credits. Renewable energy credits (RECs) are one tool in Platte River Power Authority's portfolio. The use of RECs is supported by the Electric Board and other groups. In recent months PRPA Board of Directors changed the policy on renewable energy to reduce the amount of RECs from 83% to 50%. PRPA will shortly obligate $20 million for renewable generation assets, primarily for wind power. City Manager Atteberry stated Council received a formal request from the Downtown Business Association Board to address the newsracks issue within the past year. Agenda Review City Manager Atteberry stated there were no changes to the published Agenda. Councilmember Troxell withdrew Item #12 Second Reading of Ordinance No. 012, 2008, Authorizing the Purchasing Agent to Enter into an Agreement to Finance Equipment by Lease - Purchase. Councilmember Ohlson withdrew Item #24 Resolution 2008-019 Authorizing the Mayor to Enter Into an Agreement with the Colorado Department of Transportation for the Comprehensive Signal Timing Project and Item #25 Resolution 2008-020 Authorizing the Mayor to Enter Into An Agreement with the Colorado Department of Transportation for the Design, Construction and Development of a Traffic Responsive Signal Timing System on Harmony Road from US Highway 287 to Interstate Highway 25. 135 February 19, 2008 CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the February 5 2008 Regular Meeting Second Reading of Ordinance No. 006, 2008. Designating Grandview Cemetery1900 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chanter 14 of the City Code Ordinance No. 006, 2008, unanimously adopted on First Reading on February 5, 2008, designates Grandview Cemetery,1900 West Mountain Avenue, as a Fort Collins Landmark. The owner of the property, the City of Fort Collins, is initiating this request. 8. Second Reading of Ordinance No 007 2008 Appropriating Unanticipated Grant Revenue in the Form of Grant Proceeds From the National Park Service in the Cultural Services and Facilities Fund - Trail of Northern Colorado Grant Project. The City was awarded a $100,000 grant from the National Park Service. This Ordinance, unanimously adopted on First Reading on February 5, 2008, appropriates that grant money in the Museum's Trails of Northern Colorado grant project. 9. Second Reading of Ordinance No. 008, 2008, Appropriating Unanticipated Grant Revenue in the General Fund Continuation of the Restorative Justice Restore Program. This Ordinance, unanimously adopted on First Reading on February 5, 2008, appropriates funds received from a grant in the amount of $20,000 from the Bohemian Foundation for salaries associated with the continued operation of the Restore Program. 10. Second Reading of Ordinance No. 009, 2008, Appropriating Prior Years Reserves in the Downtown Development Authority Fund for Expenditure on Projects in Accordance with the Downtown Plan of Development. This Ordinance, unanimously adopted on First Reading on February 5, 2008, appropriates unanticipated revenue from interest earnings in the amount of $754,374 and reappropriates $713,667 from project savings from prior years appropriations. The DDA board has authorized the expenditure on various projects and programs. 11. Postponement of Second Reading of Ordinance No. 011, 2008 Calling a Special Municipal Election on June 10, 2008 for the Purnose of Submitting to the Registered Electors a Citizen - Initiated Charter Amendment That Would Authorize Collective Bargainine and Binding Arbitration for City Employees to March 4.2008. On January 22, 2008, the City Clerk's Office received an initiative petition to amend the City Charter relating to collective bargaining. The Clerk's Office has completed its review of the petition and has determined that the petition contains an insufficient number of signatures to place the initiated measure on a special election ballot. Postponement of the Second 136 February 19, 2008 Reading of Ordinance No. 011, 2008 to March 4, 2008, will give the petition circulators an opportunity to file an amended petition by February 21, 2008. 12. Second ReadingofOrdinanceNo.012,2008,AuthorizingthePurchasingAgenttoEnterinto an Agreement to Finance Equipment by Lease -Purchase. As a result of a City technical energy audit done in 2006, the City is upgrading existing lighting systems throughout 28 City facilities to improve energy efficiency. Ordinance No. 012, 2008, unanimously adopted on First Reading on February 5, 2008, authorizes the Purchasing Agent to enter into a lease -purchase financing agreement for equipment purchase with Koch Financial Corporation at 3.75% interest rate. 13. Second Reading of Ordinance No. 013, 2008, Authorizing the Conveyance of an Ownership Interest in the New Museum/Discovery Science Center Facility to the Discovery Science Center. A partnership between the City and the Discovery Science Center (DSC) has been formed to build and jointly operate a new museum/science center together in order to provide visitors with an exceptional and unique experience combining science, history, nature and culture in a new and very exciting way. This Ordinance, unanimously adopted on First Reading on February 5, 2008, conveys to the DSC an ownership interest in the new Museum/Discovery Science Center facility, including the land. The ownership interest cannot be conveyed or encumbered without the City's consent. Likewise, the City's ownership interest cannot be conveyed or encumbered without the DSC's consent. Each Parry's ownership interest will be equal to its financial contribution to the project. The City's interest will include the value of the park land as the project will be constructed on land owned by the City on the east end of Lee Martinez Park. 14. Second Reading of Ordinance No. 014 2008 Designatingthe Saint Joseph Catholic Church and Church Parish Center, 300 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chanter 14 of the Cily Code. Ordinance No. 014, 2008, unanimously adopted on First Reading on February 5, 2008, designates the Saint Joseph Catholic Church and Church Parish Center, 300 West Mountain Avenue, as a Fort Collins Landmark. The owner of St. Joseph Catholic Church, the St. Joseph Parish, Archdiocese of Denver, is initiating this request. 15. Items Relating to the Harmony Road and College Avenue Intersection improvements Project A. Resolution 2008-012 Authorizing the Mayor to Enter into an Agreement with the Colorado Department of Transportation for the Design and Construction of the Harmony Road and College Avenue Intersection Improvements. B. First Reading of Ordinance No. 015, 2008, Appropriating Unanticipated Revenue in the Capital Projects Fund - Building on Basics - Intersection Improvements and 137 February 19, 2008 Traffic Signals Capital Project for the Design and Construction of Improvements to the Harmony Road and College Avenue Intersection. This Resolution will enable the City to enter into a contract with the Colorado Department of Transportation (CDOT) to receive State and Federal funds designated forthe design, right- of-way acquisition and construction of improvements for the Harmony Road and College Avenue intersection. The Ordinance appropriates the funds received for this Project. 16. Items pertaining to the Thorland No. 1 Annexation and Zoning_ A. Resolution 2008-013 Setting Forth Findings of Fact and Determinations Regarding the Thorland No. 1 Annexation. B. Hearing and First Reading of Ordinance No. 016, 2008, Annexing Property Known as the Thorland No. 1 Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 017, 2008, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Thorland No. 1 Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 1.66 acres located on the north side of Kechter Road approximately 800 feet east of South Timberline Road. It is the northerly portion of Lot 1 of the Blehm Subdivision in Larimer County. The other portion of Lot 1 of the Blehm Subdivision is adjacent to the south of the property. The Stetson Creek residential development is adjacent to the north of the property. The property is undeveloped and is in the FA 1 - Farming District in Larimer County. The requested zoning for this annexation is UE - Urban Estate. 17. Items pertaining to the Thorland No. 2 Annexation and Zoning., A. Resolution 2008-014 Setting Forth Findings of Fact and Determinations Regarding the Thorland No. 2 Annexation. B. Hearing and First Reading of Ordinance No. 018, 2008, Annexing Property Known as the Thorland No. 2 Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 019, 2008, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Thorland No. 2 Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 5.18 acres located on the north side of Kechter Road approximately 800 feet east of South Timberline Road. It is the southerly portion of Lot 1 of the Blehm Subdivision in Larimer County. The other portion of Lot 1 of the Blehm Subdivision is adjacent to the north of the property. The property is partially developed (with 138 February 19, 2008 one single-family residence and outbuildings) and is in the FA - Farming District in Larimer County. The requested zoning for this annexation is UE - Urban Estate. 18. First Readine of Ordinance No. 020, 2008, Amending the Zoning District Man of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in Phase Two of the Southwest Enclave Annexation to the City of Fort Collins. Colorado This is a request to assign zoning district classifications to Phase Two of the Southwest Enclave Annexation and include the area in the Residential Sign District. The Southwest Enclave Annexation Phase Two Map was recorded on December 27, 2007, consistent with the phasing schedule approved by City Council under Ordinance No. 137, 2006. The Phase Two area includes the Fairway Estates and Pitner Estates Subdivisions which are being zoned consistent with City Plan Structure Plan Map designations. 19. First Reading of Ordinance No. 021, 2008, Authorizing the Lease of City -owned Property at 208 North Howes Street and 230 LaPorte Avenue for up to Five Years Adoption of this Ordinance will authorize a lease of city -owned property located at 230 LaPorte Avenue. 20. Resolution 2008-015 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements. The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide grants to fund community events. This resolution will adopt the recommendations from the Cultural Resources Board to disburse these funds. 21. Resolution 2008-016 Authorizin the a Mayor to Enter into an Agreement with the Colorado Department of Transportation for the Mason Corridor Bicvcle/Pedestrian Trail Grade - Separated Crossing Project at the BNSF Railroad Tracks and Troutman Parkway. This Resolution will authorize the Mayor to enter into an agreement with CDOT for the City to receive the Congestion Mitigation and Air Quality (CMAQ) grant for the Mason Trail Grade -Separated Crossing of the BNSF railroad tracks at Troutman Parkway. This grant from CDOT will fund the preliminary and final design, right-of-way, and construction costs for this project. The Mason Trail Grade -Separated Crossing of the BNSF railroad tracks at Troutman Parkway Project will connect the neighborhoods west of the railroad corridor to/from the existing commercial and employment areas on the east side of the tracks as well as to the future Mason Express or "MAX" bus rapid transit station planned at Troutman Parkway. The Project is consistent with the adopted Master Plan for the Mason Corridor Project. 139 February 19, 2008 22. Resolution 2008-017 Authorizing the Mayor to Enter into an Agreement with the Colorado Department of Transportation for the Mason Corridor Trail Extension Project This Resolution will authorize the Mayor to enter into an agreement with CDOT for the City to receive the Congestion Mitigation and Air Quality (CMAQ) grant for the Mason Trail Extension Project. This grant from CDOT will fund the final design, right-of-way, and construction costs for this Project. The Mason Trail Extension Project will connect north from the Spring Creek Trail to the Colorado State University campus. This extension of the Mason Trail northward from the Spring Creek Trail is consistent with the adopted Master Plan for the Mason Corridor Project and completes the connection between the Fossil Creek Trail and Colorado State University, a distance of approximately four miles. 23. Resolution 2008-018 Authorizing the Mayor to Enter into an Agreement with the Colorado Department of Transportation for the North College Avenue/US 287 Hazard Elimination and Safety Project, This Resolution will authorize the Mayor to enter into an agreement with CDOT for the City to receive the Hazard Elimination and Safety (HES) grant for improvements at the intersection ofNorth College Avenue/US287 Avenue and Hickory/Conifer streets. This new grant from CDOT will fund the design, right-of-way, and construction costs for this project. This project will be designed and built in collaboration with the City's upcoming North College Improvement Project funded via the voter -approved "Building on Basics" 1/4 cent sales tax initiative. 24. Resolution 2008-019 Authorizing the Mayor to Enter Into an Agreement with the Colorado Department of Transportation for the Comprehensive Signal Timing Project The project will review the traffic flow conditions on each of the City's arterial streets and create new traffic signal timings to improve traffic flow, reduce commuter delay and reduce vehicular emitted air pollutants. 25. Resolution 2008-020 Authorizin the a Mayor to Enter Into An Agreement with the Colorado Department of Transportation for the Design. Construction and Development of a Traffic Responsive Signal Timing System on Harmony Road from US Highway 287 to Interstate Highway 25. The Colorado Department of Transportation (CDOT) has awarded the City of Fort Collins $340,000 in Federal Congestion Mitigation and Air Quality Funds to design, construct, and develop a Traffic Responsive Signal Timing System on Harmony Road. The purpose of this project is to install vehicle detection that will continually monitor traffic flow and automatically adjust signal timing plans, developed as part of the project, to better accommodate fluctuating traffic flows. 140 February 19, 2008 26. Resolution 2008-021 Authorizing the Mayor to Enter into an Agreement with the Colorado _Department of Transportation for the Design and Construction of Intersection Improvements at Various Locations. This Resolution will enable the City to enter into a contract with the Colorado Department of Transportation (CDOT) to receive Federal funds designated for the design and right-of- way acquisition for interim improvements to the following four intersections: (1) Mulberry Street and Shields Street, (2) Laurel Street and Shields Street, (3) Drake Road and Lemay Avenue, and (4) Harmony Road and Lemay Avenue. 27. Resolution 2008-022 Authorizing the City Manager to Grant a Revocable Permit to Platte River Power Authority for the Purpose of the Installation of Two Temporary Meteorological Towers on the Meadow Springs Ranch Property. This resolution authorizes the City Manager to issue a revocable permit to Platte River Power Authority (PRPA) for the installation of two 60 meter temporary meteorological towers on the north edge of the Meadow Springs Ranch property. The temporary towers will allow PRPA to collect detailed wind speed and other data to investigate the site for potential wind generation. It is anticipated that these towers would be removed within 18 months of installation. The installation and operation of the two towers under the described conditions will not interfere with or adversely affect Meadow Springs Ranch. 28. Resolution 2008-023 Directing the City Manager and City Attorney to Provide Training to All Members of City Boards and Commissions and Making Such Training Mandatory for Board and Commission Members. This Resolution would require all board and commission members to attend, at least once per term, training regarding the their legal duties and responsibilities and the structure and operations of the City. 29. Routine Easement. Deed of Dedication for Easement from Jomida, LLC, for a permanent waterline easement, located on County Road 38E, west of South Taft Hill Road. Monetary consideration: $500. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. Second Reading of Ordinance No. 006, 2008, Designating Grandview Cemetery, 1900 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Second Reading of Ordinance No. 007, 2008, Appropriating Unanticipated Grant Revenue in the Form of Grant Proceeds From the National Park Service in the Cultural Services and Facilities Fund - Trail of Northern Colorado Grant Project. 141 February 19, 2008 9. Second Reading of Ordinance No. 008, 2008, Appropriating Unanticipated Grant Revenue in the General Fund Continuation of the Restorative Justice Restore Program. 10. Second Reading of Ordinance No. 009, 2008, Appropriating Prior Years Reserves in the Downtown Development Authority Fund for Expenditure on Projects in Accordance with the Downtown Plan of Development. 12. Second Reading of Ordinance No. 0 12,2008, Authorizing the Purchasing Agent to Enter into an Agreement to Finance Equipment by Lease -Purchase. 13. Second Reading of Ordinance No. 013, 2008, Authorizing the Conveyance of an Ownership Interest in the New Museum/Discovery Science Center Facility to the Discovery Science Center. 14. Second Reading of Ordinance No. 0 14,2008, Designating the Saint Joseph Catholic Church and Church Parish Center, 300 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 34. Second Reading of Ordinance No. 010, 2008, Appropriating Prior Year Reserves in the General Fund to Purchase a Parcel of Land on Cherry Street Adjacent to Martinez Park Ordinances on First Reading were read by title by City Clerk Krajicek. 15. First Reading of Ordinance No. 015, 2008, Appropriating Unanticipated Revenue in the Capital Projects Fund - Building on Basics - Intersection Improvements and Traffic Signals Capital Project for the Design and Construction of Improvements to the Harmony Road and College Avenue Intersection. 16. B. Hearing and First Reading of Ordinance No. 016, 2008, Annexing Property Known as the Thorland No. 1 Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 017, 2008, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Thorland No. 1 Annexation to the City of Fort Collins, Colorado. 17. B. Hearing and First Reading of Ordinance No. 018, 2008, Annexing Property Known as the Thorland No. 2 Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 019, 2008, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Thorland No. 2 Annexation to the City of Fort Collins, Colorado. 18. First Reading of Ordinance No. 020, 2008, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in Phase Two of the Southwest Enclave Annexation to the City of Fort Collins, Colorado. 142 February 19, 2008 19. First Reading of Ordinance No. 021, 2008, Authorizing the Lease of City -owned Property at 208 North Howes Street and 230 LaPorte Avenue for up to Five Years. 33. Hearing and First Reading of Ordinance No. 022, 2008, Authorizing the Issuance and Sale by the City of Fort Collins, Colorado of Variable Rate Economic Development Revenue Bonds, Series 2008a (Custom Blending, Inc. Project) and of Taxable Variable Rate Economic Development Revenue Bonds, Series 2008b (Custom Blending, Inc. Project) in the Combined Aggregate Principal Amount Not to Exceed $5,000,000 for the Purpose of Financing the Acquisition, Construction and Equipping of a Manufacturing Facility in the City of Fort Collins, Colorado, and to Pay Certain Costs of Such Bond Issue; Approving and Authorizing Execution of a Trust Indenture, Loan Agreement, Promissory Note and Bond Purchase Agreement with Respect to the Bonds; Making Findings and Determinations with Respect to the Project and the Bonds; Authorizing the Execution and Delivery of Related Documents; and Repealing All Action Heretofore Taken in Conflict Herewith. Councilmember Troxell made a motion, seconded by Councilmember Manvell, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Ohlson stated the Museum/Discovery Science Center project is an exciting one. The intersection improvements are good news items that will benefit the citizens. He noted that Item #28 Resolution 2008-023 Directing the City Manager and City Attorney to Provide Training to All Members of City Boards and Commissions and Making Such Training Mandatory for Board and Commission Members, was not intended to make serving on a Board more difficult and staff would take steps to make the training more available. The training will encourage Board and Commission members to share their opinions and expertise. Councilmember Manvel noted Council had approved seven grants on the Consent Calendar that totaled $4.4 million and he thanked staff for its efforts to obtain grants to benefit the City. Councilmember Troxell stated a Fort Collins Forum column written by John Knezovich alleged there were $24 million of differences in the City's budget. He asked the City Manager to reconcile the figures given in the column with the City's budget. City Manager Atteberry stated revenues for the City at the end of 2007 were slightly above projections and expenses were contained so a small surplus was created. He planned to write an editorial to educate the public about the 2007 end -of - year figures. Councilmember Reports Councilmember Ohlson asked for more information about the changes to the burglar alarm response policy as Councilmembers did not know about the changes but had heard concerns from citizens. 143 February 19, 2008 City Manager Atteberry stated Police Services plans a six month pilot study to examine the response to alarm calls. In 2007, the false alarm rate was 98% of all alarms received. Each call is requires 19 minutes of an officer's time to check the alarm. One alarm company has been difficult to work with and has provided misinformation to its customers that has created an atmosphere of fear among its customers. More information will be provided to alarm customers to relieve fears. Councilmember Brown asked for the number of repeat false alarms and if there were a large number of fire false alarms as well as burglary false alarms. City Manager Atteberry stated Police Services has worked with "habitual offenders" and has reduced those numbers by 2000. He noted the number of false alarms is a national trend and is not unique to Fort Collins. Poudre Fire Authority does have a high number of false alarms and he would get exact figures for Council. Councilmember Manvel stated in March the Metropolitan Planning Organization and the Regional Air Quality Council will have a joint meeting to discuss regional issues of transportation and air quality. Items Relating to the Issuance of Variable Rate Economic Development Revenue Bonds Adopted on First Reading The following is staff s memorandum on this item. "EXECUTIVE SUMMARY A. Resolution 2008-024 Declaring the Intent of the City of Fort Collins, Colorado to Issue Economic Development Revenue Bonds to Provide Financing for a Manufacturing Facility for Custom Blending, Inc.; Prescribing Certain Terms and Conditions of Such Bonds; and Containing Other Provisions Relating to the Proposed Issuance of Such Bonds. B. Hearing and First Reading of Ordinance No. 02Z 2008, Authorizing the Issuance and Sale by the City of Fort Collins, Colorado of Variable Rate Economic Development Revenue Bonds, Series 2008a (Custom Blending, Inc. Project) and of Taxable Variable Rate Economic Development Revenue Bonds, Series 2008b (Custom Blending, Inc. Project) in the Combined Aggregate Principal Amount Not to Exceed $5, 000, 000 for the Purpose of Financing the Acquisition, Construction and Equipping of a Manufacturing Facility in the City of Fort Collins, Colorado, and to Pay Certain Costs of Such Bondlssue; Approving and Authorizing Execution of a Trust Indenture, Loan Agreement, Promissory Note and Bond Purchase Agreement with Respect to the Bonds; Making Findings and Determinations with Respectto the Project and the Bonds; Authorizing the Execution and Delivery of Related Documents; and Repealing All Action Heretofore Taken in Conflict Herewith. This Ordinance and Resolution would authorize the issuance ofan amount not to exceed $5, 000, 000 of economic development revenue bonds for the Custom Blending, Inc. project (a small manufacturing company) from the annual statewide allocation the City receives. This is not the receipt of dollars, but the right to issue tax exempt bonds for purposes prescribed in the Internal Revenue Code by the federal government. Economic development revenue bonds are one type of 144 February 19, 2008 bond that can be issued for private activitypurposes. For fiscal year 2008, the City of Fort Collins received a private activity bond allocation of$5, 504, 218. These bonds are not an obligation ofthe City of Fort Collins. Custom Blending, Inc. relocation and expansion on a site within the City limits will result in additional property taxes for the City as well as use tax on construction materials and equipment purchases. The prospect of additional manufacturing jobs also provides economic benefit. BACKGROUND The Project Under the federal and state laws governing the use of tax-exempt private activity bonds, the City may issue the bonds, but may not use its own revenues to support the project. (See Attachment 1) The project will generate the revenue required to repay the bonds. In the event the project does not generate sufficient revenue, the bondholders may request payment from the letter of credit provider or the insurer of the transaction. The total amount of private activity bonds to be issued will not exceed $5, 000, 000. The project proponent, CBI Real Estate Holdings, LLC, a Colorado limited liability corporation, may use its resources to pay for the bonds or issue additional taxable bonds to finance the project. The proceeds of the bonds, together with the proceeds of certain taxable bonds to be issued by the City concurrently with the Bonds, will be loaned to CBI Real Estate Holdings, LLC (the "Borrower') to finance the acquisition ofa manufacturingfacilityfor the production ofspices, spice blends and liquidflavorings (the "Project'). The Project consists ofa purchase ofa parcel ofland located in the Harmony Technology Park (the "Park"), bounded on the north by Harmony Road, on the west by Zeigler Road, on the east by Lady Moon Drive and on the south by Rock Creek Drive. The property will consist ofa three acre parcel which is the third lot west of the southeast corner of the Park and will be accessed from the proposed Precision Drive. Construction of an approximately 33, 000 square foot tilt -up concrete building is to be located there, as well as the purchase of certain equipment. The Project will be owned by the Borrower and operated and managed by Custom Blending, Inc., an entity under common ownership with the Borrower. (See Attachment 2) In late 2007, Custom Blending, Inc. approached the City with the concept for this Project. An inquiry was made by Custom Blending, Inc. as to the availability ofprivate activity bonds for small manufacturing. Custom Blending, Inc. was established in 1984 and initially provided the food service industry in Colorado with spices and flavoring extracts. Today it is a multi functional manufacturer of spices, spice blends and liquid flavorings for wholesale operations and retail grocery stores. Custom Blending, Inc. is also a silver level partner in the City's Climate Wise program. The facility that Custom Blending, Inc will be constructing with the bond proceeds is being designed to achieve minimal impact on the environment. The criteria regarding Leadership in Energy and Environmental Design (LEED) Green Building Rating System, developed by the US Green Building Council is being pursued by Custom Blending, Inc. 145 February 19, 2008 The City's Prior Usage of Private Activity Bonds The most recent direct usage of the City's annual allocation of private activity bonds occurred during 2001 for the Oakridge Affordable Housing Project. Since that time, no direct issuance of private activity bonds by the City has occurred. In the event a project is not identified and approval granted by the City Council prior to September 15th of a given year, the annual allocation is relinquished to the statewide pool and becomes available for projects throughout the State. Given that the last two projects which utilized this funding seven years ago related to affordable multi -family housing (Oakridge and Comridge), staff inquired of both the Fort Collins Housing Authority and Advance Planning staff responsible for housing. A letter is attached from the Fort Collins Housing Authority stating they will not need the funds this year. (See Attachment 3) Staff also presented thisfinding option to applicantsfor the City's CDBGfunds last month. The response was interest in the future but not for 2008. As a result of no affordable housing projects currently coming forward to utilizez this funding option, staff desired to see the funding remain within the City and not revert to the statewide pool as has been the case in the prior six years. In the event a project does come forward, the City will still have a portion ofthe 2008 allocation of$5.5 million to issue directly and can also recommend a project to the Colorado Housing and Financing Authority (CHFA). The last time the City used private activity bonds for a small manufacturing entity was in 1993 for a $1.5 million bond for Phelps Tointon Millwork, LLC, a manufacturer of wood cabinetry and athletic lockers. The City's Role in Issuance of Private Activity Bonds Under the federal tax laws and the Colorado Revised Statutes, the City's role in this transaction is to be the Issuer ofthe Bonds. City staffhas also reviewed the application and relatedfederal income tax returns THE BONDS SHALL BE SPECIAL, LIMITED OBLIGATIONS OF THE CITY. THE CITY WILL NOT BE OBLIGATED TO PAY THE BONDS OR THE INTEREST THEREON, EXCEPT FROM THEASSETS OR REVENUES PLEDGED THEREFOR. INNO EVENT SHALL THE STATE, THE CITY (OTHER THAN THE FROM THE BORROWER'S ASSETS PLEDGED THEREFORE) OR ANY POLITICAL SUBDIVISION THEREOF BE LIABLE FOR THE BONDS, AND THE BONDS SHALL NOT CONSTITUTE A DEBT OF THE STATE, THE CITY OR ANY SUCH POLITICAL SUBDIVISION THEREOF. The proceeds ofthe Bonds will be loaned to CBI Real Estate Holdings, LLC. according to the terms of the Loan Agreement to provide the financing of the project. SOURCESAND USES The estimated sources and uses offunds relating to the Bonds are summarized below: 146 February 19, 2008 Estimated Amount SOURCES OF FUNDS: Proceeds of Series 2008A Bonds $4,375,000* Proceeds of Series 2008B Bonds 275, 000* Additional Equity Contribution 1,000,000 TOTAL SO URCES OF FUNDS 5 650 000 USES OF FUNDS: Deposit to Project Fund: Construction of Facility $5, 500, 000 For payment of Costs of Issuance, including Underwriter's fee (1)(2) 150,000 TOTAL USES OF FUNDS $5,650, 000 * Preliminary, subject to change (1) Any such costs treated as allocable costs of issuance of the Series 2008A Bonds under present Treasury Department regulations and rulings which in the aggregate exceed 2% of Series 2008A Bond proceeds (net of certain ineligible proceeds) will be paid by the Borrower or from proceeds of the Series 2008B Bonds. Sources and uses are estimates and will likely change prior to second reading. STRUCTURE OF BOND ISSUE The objective of this financial transaction is to achieve the lowest possible borrowing costs for the Project through tax-exempt financing. In return for the tax-exempt financing, the City is able to assist and retain a small manufacturing company that has been a long standing member of the community. The underwriter believes this can best be accomplished by structuring the transaction using variable rate bonds. Using this technique, interest rates fluctuate and reset periodically. The underwriter is estimating an interest rate of about 3.50% on the variable rate bonds issued for 25 years. 147 February 19, 2008 The Bond documents set up the repayment schedule. The documents supporting this transaction have estimated the following principal repayment schedule: Date of Principal Principal Amount Redemption to be Redeemed 2009 $ 0 2010 155,000 2011 165,000 2012 170,000 2013 180,000 2014 190,000 2015 195,000 2016 205,000 2017 215,000 2018 225,000 2019 235,000 2020 250,000 2021 260,000 2022 275,000 2023 285,000 2024 300,000 2025 315,000 2026 330,000 2027 345,000 2028 365.000 TOTAL $4.660.000 Debt service schedule includes the $275,000 of taxable bonds in addition to the not to exceed $5, 000, 000 of tax-exempt financing. Payments are scheduled to be made on June 1 and December I of each year. According to the City of Fort Collins policies regarding issuance of tax-exempt financing for this type ofproject, the City charges an issuer's fee when the bonds are issued. This fee is estimated to be $3,400 based on the projected debt service. General Description of Bond Proceedings In connection with the issuance of the Custom Blending Project Bonds, the City Council will be asked to take the following actions on February 19, 2008: (1) hold a "TEFRA " hearing, (2) adopt an inducement resolution (Resolution 2008-024) and (3) consider on First Reading an ordinance authorizing the bonds. The purpose of the ordinance is addressed elsewhere in the summary, but the other two actions are described more fully below: 148 February 19, 2008 TEFRA Public Approval Requirement As a condition of federal tax exemption for all private activity bonds, the Internal Revenue Code requires that such bonds be approved by the proper elected officials subsequent to a public hearing for which reasonable public notice was provided. The requirement is typically referred to as "TEFRA " because it was added by a federal act passed in 1982 called the Tax Equity and Fiscal Responsibility Act. Reasonable notice is considered to be by publication in a local newspaper over 14 days in advance of the hearing. Accordingly, notice of the hearing on February 19th was published in the Coloradoan on January 27, 2008. The Council can declare the hearing open during the meeting and simply ask ifanyone from the public would like to say anything with respect to the project. More often than not, no one from the public appears to speak. After providing such opportunity, the hearing can be closed and this federal requirement will be met. The hearing can take place any time prior to the issuance of the bonds. However, the meeting on February 19th was selected because the City will already be discussing the bond issue. Inducement Resolution The primary reason for adopting an inducement resolution is also found in federal tax law. If a municipal borrower or private activity bond beneficiary (e.g., CBI Real Estate Holdings, LLC) desires the ability to reimburse itself out of the tax exempt bond proceeds for expenditures that accrue before the issuance ofthe bonds, the Internal Revenue Code will permitsuch reimbursement provided that the public issuer adopts an inducement resolution and the expenditure accrued no earlier than 60 days prior to the date such resolution was adopted. Accordingly, inducement resolutions are often adopted very early in the bond process to maximize the project costs to which the tax exempt proceeds can be applied. However, as made clear in the resolution, adoption does not create an obligation on the part of the City to authorize the bonds. " Matt Hogan, Sherman & Howard, the City's bond counsel, stated the bonds being considered are private activity bonds which are issued by the City but the beneficiary is a private entity, an affiliate of Custom Blending. A private entity seeks this type of bond because the interest is tax-exempt and provides a cheaper borrowing cost to the entity. Private activity bonds are provided by a municipality to advance a public purpose such affordable housing or economic development. The City is not obligated for the repayment of these bonds. The private entity borrowing the funds is responsible for repayment. If the private entity defaults, it does not become the obligation of the City. Both state statute and the documents being approved make that very clear. When the bonds are issued, the bond proceeds raised from the underwriter are loaned by the City to the private entity. The private entity is obligated, under the loan agreement, to make loan repayments. The Trust Indenture assigns the City's right to the loan payments to a trustee who then takes the loan repayments from the private entity and allocates the payments to the bond holders. The City is an accommodation party and is not involved in the "day to day" mechanics of the transaction. The Resolution before Council states the project has come before the City and the City is interested in issuing the bonds, but in no way is committed to issuance of the bonds. Under federal tax law, approval of the resolution allows the private entity to reimburse itself for any expenses for the project incurred 60 days from this date from tax-exempt bond proceeds. A public hearing is required by the 149 February 19, 2008 Internal Revenue Service when a city issues private activity bonds to ensure the public has opportunity to be heard on the issue. The ordinance approves the loan agreement and trust indenture. An official statement is included in the documents which is sent to various bond holders and clarifies these are special, limited obligation bonds and any bond holder who purchases them has the understanding that the holders have no recourse against the City. Financial Director Chuck Seest described Custom Blending, the private entity seeking the private activity bonds, as a local company that has been in operation for 24 years. Currently, Custom Blending is located in Larimer County and wants to relocate and expand at a site along Harmony Road. The new facility will be about 34,000 square feet and will employ 10 additional employees after 5 years. Custom Blending does meet the manufacturing requirements of federal law to qualify for this type of funding. Approximately $5 million will be used for land and building, $500,000 for manufacturing equipment and $150,000 for issuance costs of the transaction. The source of the funding will be $4.5 million in tax-exempt bonds, an additional $275,000 in taxable bonds and the company's contribution of $1 million. The primary use of the funding will be $3 million for manufacturing space. Mayor Hutchinson stated notice of a public hearing was published in the Coloradoan on January 27, 2008, relating to the proposed issuance of the City's variable rate economic development revenue bonds and asked for public input. No citizens responded. Councilmember Brown asked if the bond rating for the City will be affected if Custom Blending defaults on the bonds. Mr. Hogan stated the City's rating would not be affected. Councilmember Brown asked if the City was losing any tax or user fees by issuing the bonds. Mike Freeman, Chief Financial Officer, stated all development fees would be paid. Mr. Hogan noted the tax exemption relates to federal and state taxes, not city taxes. Councilmember Troxell asked how this particular applicant was selected. Freeman stated the City receives an allocation of private activity bonds through the state each year. In the past, the City had supported affordable housing initiatives with this type of bonds and will likely be asked to do so again in the future. The allocation the City receives is rather small compared to larger projects that may be proposed. The current proposal is a perfect use of this type of funding. It will be a manufacturing use and a well -established company. There are no affordable housing projects proposed at this time. Some of the private activity bond allocation will be left after these bonds are approved. Seest stated the annual allocation of private activity bonds from the state must be used within a certain window of time. At this point, the City has 8 1/2 months to use the allocation or lose it. A new allocation will be received next year. There are few projects that qualify for this type of funding. Councilmember Troxell noted the last time the City issued private activity bonds for small manufacturing was in 1993 and asked for the current status of that bond issuance. Seest stated those bonds are in good status. 150 February 19, 2008 Councilmember Troxell asked where the Custom Blending project was in the development process. Freeman stated the applicant has been through conceptual planning and the project is an allowed use in the Harmony Corridor Plan zoning. Councilmember Troxell asked if the applicant was applying for LEED certification. Dan Berlin, Custom Blending representative, stated the company was considering LEED certification but it is difficult to achieve with manufacturing sites. The company wants to build a project that will be as "green" as possible. Councilmember Ohlson made a motion, seconded by Councilmember Roy, to adopt Resolution 2008-024. Councilmember Ohlson stated the issuance of the bonds will have a positive impact as this is a local, light manufacturing company that diversifies the City's economic base and will do everything possible to be sustainable business. Councilmember Roy stated the combination of being a local company with a global reach is very positive for the City and he supported the motion. Councilmember Troxell stated this was a good project for Fort Collins. Mayor Hutchinson stated the project fits the philosophy of the City to serve as a catalyst to help such businesses succeed. The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 022, 2008 on First Reading. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none THE MOTION CARRIED. Ordinance No. 010, 2008, Appropriating Prior Year Reserves in the General Fund to Purchase a Parcel of Land on Cherry Street Adjacent to Martinez Park, Adopted on Second Reading The following is staffs memorandum on this item. "EXECUTIVE SUMMARY The new Museum/Discovery Science Center ('the Project') is planned to be built on a portion of the property known as Martinez Park at its eastern boundary. The main access for the Project will 151 February 19, 2008 be from Mason Street. The facility to be constructed is planned to be a two-story building with a parking lot. This Ordinance, unanimously adopted on First Reading on February 5, 2008, appropriates the funds necessary to acquire a parcel of land located on Cherry Street adjacent to the site of the Project. The property is planned to be used as a visual gateway to the Project." Councilmember Troxell made a motion, seconded by Councilmember Roy, to adopt Ordinance No. 010, 2008 on Second Reading. Councilmember Roy stated this property was necessary to protect the viewshed for the Museum/Discovery Science Center and this land may be necessary in the future for the expansion of the Center. Councilmember Poppaw stated this property was a gateway to North College Avenue and this will add to the improvements being made to the area. Councilmember Ohlson stated the property will be important to the Museum/Discovery Science Center but the price the City was paying was twice the value of the land. City Manager Atteberry stated the City's Real Estate Services did compare the property to others and found the value of the land was worth the price. Mayor Hutchinson stated staff did a real estate analysis of the property and determined the price was reasonable. The property is valuable to the City as a gateway. The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Poppaw, Roy and Troxell. Nays: Ohlson. THE MOTION CARRIED. Ordinance No. 012, 2008, Authorizing the Purchasing Agent to Enter into an Agreement to Finance Equipment by Lease -Purchase Adopted on Second Reading The following is staffs memorandum on this item. "EXECUTIVE SUMMARY As a result of a City technical energy audit done in 2006, the City is upgrading existing lighting systems throughout 28 City facilities to improve energy efficiency. Ordinance No. 012, 2008, unanimously adopted on First Reading on February 5, 2008, authorizes the Purchasing Agent to enter into a lease purchase financing agreement for equipment purchase with Koch Financial Corporation at 3.75% interest rate. " Councilmember Troxell asked if performance contracting was examined as a way to achieve efficiency goals as opposed to a lease -purchase option. Tracy Ochsner, Operation Services, stated 152 February 19, 2008 this was part of a performance contracting, technical energy audit that was done in 2006. An option did exist to finance the improvements using the company who did the audit and pay its interest rate. The proposed agreement gives the City a better interest rate and allows the City to better manage the costs. Councilmember Troxell asked howupgrading the lighting systems will support the recommendations from the Climate Task Force. Ochsner stated greenhouse gas emission reductions will be achieved with this project, but he did not have exact figures. Councilmember Troxell made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 012, 2008 on Second Reading. Councilmember Manvel stated the project is an investment for the City and will save money in the future. Councilmember Ohlson stated if compact fluorescent lighting was used, an appropriate and easy location to dispose of those lights should be provided. City Manager Atteberry noted the City has a policy that it recycles every light removed from City facilities. The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Resolution 2008-019 Authorizing the Mayor to Enter Into an Agreement with the Colorado Department of Transportation for the Comprehensive Signal Timing Project Adopted The following is staff s memorandum on this item. "FINANCL4L IMPACT The Colorado Department ofTransportation (CDOT) has awarded the City ofFort Collins $300, 000 in Federal Congestion Mitigation and Air Quality (CMAQ) Funds to conduct a citywide traffic signal timingproject. These Federal funds require no local matchingfunds. The Federal funds are available between now and July 1, 2008. The funds are currently available in the Traffic Operations 2008 approved budget. 153 February 19, 2008 EXECUTIVE SUMMARY The project will review the traffic flow conditions on each of the City's arterial streets and create new traffic signal timings to improve traffic flow, reduce commuter delay and reduce vehicular emitted air pollutants. BACKGROUND As envisioned, the signal timing project will provide new signal timings for the City's arterial streets, including the two state highways (College Avenue and Mulberry Street). The new timings will provide for the peak rush hour periods and the off-peak periods of the weekday. New weekend signal timings will also be created, provided there are enough funds. Traffic signals have a direct impact on the quality of traffic flow available to commuters and businesses, a direct impact on energy consumption and a direct impact on air quality. As federal research has shown, comprehensive signal timing work needs to be performed approximately every three years to maintain the best possible benefits to commuters and residents. Signal timings degrade over time due to changing traffic patterns, traffic volumes and area changes. This project is 100%funded by federal funds via the Congestion Mitigation andAir Quality (CMAQ Program. Upon completion of this project, the following benefits are expected.• • Improved traffic signal coordination on the City's north/south arterials, plus improved east/west traffic signal coordination between the north/south arterial streets. • Improved traffic flow has been shown to reduce driver frustration, red light running, and accidents. • Reduced motorist and bicyclist delay along City arterials. Commuters will be able to progress along City arterials with fewer stops. • Better progression and fewer stops provides reductions in energy use and motor vehicle pollution. • Vehicle pollution reduction is estimated to be approximately 1,004,355 kg/year over five years which equates to removing the pollution from 31, 000 vehicles per year over that five year period. • Better progression and fewer stops reduces congestion. • Improved travel time expectancy and travel time consistency in daily commuting 154 February 19, 2008 Upon completion of the signal timing work the City will receive a final report containing the new timing plans and final pollution reduction estimates for submittal to the Federal government. The expected breakdown by task is estimated as follows (100% CAMQ funded): TASK City Staff Contractual Support Project oversight $25, 000 $0 Traffic Counts $40, 000 $40, 000 Time -Speed -Delay Studies $35, 000 $40, 000 Signal Timing Plan Work $45,000 75 000 Total $145,000 $155,000 The project is expected to require 16 months to complete. " Councilmember Ohlson stated Councilmembers often hear from citizens about the need for traffic signal timing. The City has invested much money over the years in timing projects and will continue to do so. He asked for more details about the proposed project. Mark Jackson, Transportation Director, stated traffic signal timing is a continual process and must be adjusted as the community grows and traffic and land use patterns change. It is a balance between safety for motorists, bicyclists and pedestrians and increasing mobility. Improvements to intersections and signal timing will improve the safety and mobility of the community. Ward Stanford, Traffic Systems Engineer, stated the City has improved the traffic timing system over many years. Since 2000, over $8 million has been invested in the system, including building a new facility to house new equipment to manage the traffic timing system. Currently, staff does traditional signal timing where all changes are manually programmed into the system. New, advanced technology will allow the system itself to "think" on its own and look at parameters on the street and choose from a preprogrammed list what to run at a certain point and time. As improvements are made, the system will make such choices on a moment by moment basis. In the past, the traffic timing system used an in -pavement detection system that required cutting into the pavement which is destructive to the pavement. Wear and tear on the pavement causes the wires to break and travel lanes have to be closed to do repairs. Newer technology uses radio and video detection. Some signal mast arms do have video detection cameras or video monitoring where staff can watch a corridor to see if an accident or emergency has occurred or if there is congestion at an intersection that can be mitigated by the Traffic Operations Center so response time is much quicker. The installation of a fiber-optic communications system has greatly improved response time and is the backbone of the system. The City owns and maintains this system which allows a much quicker response time when problems arise. The timing system is still being added to more streets and new timing plans are being implemented for the entire city. The improvements have decreased the overall accident ratio. Signal timing is continually changing as conditions change. Jackson stated citizens can receive up-to-the-minute traffic details through the City's website. Staff is providing outreach to the public through the CityWorks 101 training program. 155 February 19, 2008 Councilmember Ohlson stated staff needs to continually provide information to the public about signal improvements. He asked if it was a reasonable expectation for a person who drives the speed limit to expect to "hit' every green light. Stanford stated during certain times of the day that would be possible but it depends on where a person enters the system and the time of day. Councilmember Brown asked if the timing of the left -turn lane at the Harmony and Timberline intersection could be reexamined as he had received several complaints of it being too short. City Manager Atteberry stated accidents and violations have decreased at that intersection since the cameras were installed. Jackson stated staff would review the timing for the intersection but adding time to the Timberline signals will decrease the amount of time on the Harmony signals. Councilmember Ohlson asked how the public could contact Traffic Engineering about traffic problems. Stanford stated the public can call 221-6630 or go to fctrips.com to log complaints. Councilmember Ohlson made a motion, seconded by Councilmember Roy, to adopt Resolution 2008-019. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Resolution 2008-020 Authorizing the Mayor to Enter Into An Agreement with the Colorado Department of Transportation for the Design, Construction and Development of a Traffic Responsive Signal Timing System on Harmony Road from US Highway 287 to Interstate Highway 25 Adopted The following is staff s memorandum on this item. "FINANCL4L IMPACT The preliminary overall budget for the project is estimated as follows: Design $ 10,000 Data Collection 15,000 Software Integration 15,000 Implementation 25,000 Timing Plan Creation 25,000 Detection Equipment 250,00 Total $ 340, 000 These Federal funds require no local match and became available July 1, 2007. The funds are currently available in the Traffic Operations 2008 approved budget. 156 February 19, 2008 EXECUTIVE SUMMARY The Colorado Department ofTransportation (CDOT) has awarded the City ofFort Collins $340, 000 in Federal Congestion Mitigation and Air Quality Funds to design, construct, and develop a Traffic Responsive Signal Timing System on Harmony Road. The purpose ofthis project is to install vehicle detection that will continually monitor traffic flow and automatically adjust signal timing plans, developed as part of the project, to better accommodate fluctuating traffic flows. BACKGROUND The Traffic Responsive Signal Timing project is an enhancement to the Advanced Traffic Management System (ATMS). Traffic responsive signal timings enable the traffic system to adjust to changing roadway congestion by monitoring traffic volumes and selecting plans to better serve corresponding traffic volumes. To achieve this, vehicle count detection will be installed along the corridor and at adjacent signals. The data collected from the detectors will be analyzed by the traffic management software. The traffic management software will select appropriate timingplans and send commands to field equipment to implement the new plans. A minimum often traffic plans will be developed for the traffic management software to utilize. Traffic counts and corridor travel times will be collected as part of the project to determine volumes for timing plan creation and to evaluate effectiveness of the plans. The project is expected to be completed by December 1, 2008, " Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2008-020. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Executive Session Authorized Councilmember Ohlson made a motion, seconded by Councilmember Manvel, for Council to go into Executive Session, as permitted under Section 2-31(a)(2) of the City Code to meet with attorneys for the City regarding potential litigation involving the City and the manner in which particular policies, practices or regulations of the City may be affected by existing law. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. The meeting adjourned at 9:00 p.m. Adiournment 157 ATTEST: City Clerk 158 Februar�p 2008