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HomeMy WebLinkAboutMINUTES-09/20/2005-RegularSeptember 20, 2005 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 20, 2005, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy, and Weitkunat. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Mayor Hutchinson stated each participant would have three minutes to speak. Bud Herin, 415 South Howes, thanked Council for its work on Building on Basics and urged voters to support Referendum 2A in the November election noting it includes projects that would benefit everyone. Greg Snyder, 619 Bear Creek Drive, spoke regarding the increase in use of motorcycles and scooters and asked that parking and roadways be prepared accordingly. He also stated he would like to see Council address the issue of boards and commissions vacancies with respect to "roll-over"of the same people between boards. Parker Preble, Human Relations Commission member, asked that the Human Rights Office not be eliminated. Joann Malara, 2701 Blackstone Court, opposed the Southwest Annexation noting increase fees and record keeping are large concerns to business owners. Brian Schumm, 5948 Colby, spoke regarding the Southwest Annexation and asked about the South College Avenue Access Control Plan and the impact of its implementation on the Kel-Mar Strip businesses. Linda Stanley, 2040 Bennington Circle, thanked Council for the Building on Basics package stating the items would be good for a variety of citizen groups. Emily Hornbeck, 337 Wood Street, spoke regarding the Human Rights Protection Ordinance. She stated cases of domestic violence increase in marginalized communities and urged Council to consider this in their discussion of the item. Rob Stansbury, 1301 Robertson Street, stated support for Building on Basics Issue 2A and urged voters to support it. He noted this is not a new tax but a continuation of an existing tax. He asked 301 that the least amount of reductions as possible be incurred with respect to the library for future budgets. Glen Colton, 625 Hinsdale Drive, opposed the Human Rights Protection Ordinance. Joe Collins, 839 Langdale Drive, opposed the Southwest Annexation. Jennifer Pacheko, 200 East Laurel, supported the Human Rights Protection Ordinance. Karen Roble, stated concerns about the Human Rights Protection Ordinance. Carla Olivas, supported the Human Rights Protection Ordinance. Roberto Valdez, 3802 Lynda Lane, supported the Human Rights Protection Ordinance. Chris Edwards, 5608 South College Avenue, opposed the Southwest Annexation. Carla Conrarde?? read quotes from 4th grade students supporting the Human Rights Protection Ordinance. Nancy York, 130 South Whitcomb, supported the Human Rights Protection Ordinance. Linda Knowlton, 3230 Monarch Court, opposed the Human Rights Protection Ordinance noting that there are no City services for which immigration status is a factor. Ray Martinez, 4121 Stoneridge Court, encouraged Council not to pursue the Southwest Annexation until it could be determined there would be enough police protection for the area. Agenda Review City Manager Atteberry stated there is a change to Emergency Ordinance No. 110, 2005 (Item No.16 on the Consent Agenda. City Attorney Roy stated there is a revised version of Emergency Ordinance No. 110, 2005. He stated the new title is "Emergency Ordinance No. 110, 2005, of the Council of the City of Fort Collins, Suspending for One Year the Enforcement of Any Occupancy Limit on Dwelling Units as Applied to Victims of Hurricane Katrina." He stated Section 2 of the Ordinance has been changed and read the changes into the record. Mark Brophy, 1109 West Harmony Road, withdrew item # 11 First Reading of Ordinance No. 104, 2005, Appropriating Unanticipated Revenue in the General Fund for Police Services DUI Sobriety Checkpoints and item #16 Emergency Ordinance No. 110, 2005, Suspending for One Year the Enforcement ofAny Occupancy Limit on Dwelling Units as Applied to Victims ofHurricane Katrina from the Consent Calendar. 302 September 20, 2005 CONSENT CALENDAR 6. Consideration and Approval of the Regular Council Meeting Minutes of September 6, 2005. 7. Second Reading of Ordinance No. 096, 2005, Appropriating Proceeds from the Issuance of City of Fort Collins. Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding Bonds, Series 2005, dated October 3, 2005, in the Maximum Aggregate Principal Amount of $11.900,000, in the Wastewater Utility Fund. The Board of the Wastewater Utility Enterprise (the "Board") unanimously adopted Ordinance No. 4, of the Board of the Wastewater Utility Enterprise, on First Reading on September 6, 2005, which authorizes the issuance of City of Fort Collins Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding Bonds, Series 2005, Dated October 3, 2005, in the Maximum Aggregate Principal Amount of $11,900,000 (the "Bonds"). The Bonds will be issued to refund, pay and discharge the outstanding Sewer Revenue Refunding Bonds, Series 1995. The City will be paying off higher cost bonds with new bonds that will have lower interest rates. The final rates will be determined by selling the Bonds at a competitive sale on October 3, 2005. The City Charter authorizes the City to form enterprises to issue municipal revenue bonds and, since 1992, all utility bonds have been issued by the appropriate utility enterprise. However, the Charter grants the Council the power to appropriate the funds. Therefore, this action by the Council, which was unanimously adopted on First Reading on September 6, 2005, is necessary in order to appropriate the bond proceeds, approved by the Board, for the Wastewater Utility. Authorizing the issuance of the bonds and appropriating the proceeds are both necessary to complete the bond transaction. 8. Second Reading of Ordinance No. 097, 2005, Authorizing the City Manager to Extend the Term of the Agreement Between the City and CH2M Hill. Inc. for Engineering Services at the Fort Collins -Loveland Municipal Airport. There is an urgent need to conduct design work for airport improvements which will be completed during next summer's construction season. In order to obtain the most favorable construction costs it is necessary to solicit bids over the winter months. Due to the complexity of the project the design work needs to commence as soon as possible and will take approximately 6 months to complete. The current Agreement with CH2M Hill expires this October 31, 2005. In order to start this work now and continue work beyond the Agreement expiration term it is necessary to extend the term of the Agreement for one year to October 31, 2006. The funds necessary to complete the design fees have already been adopted in the 2005 Airport budget; 95% of the costs are recovered from an existing FAA Grant and 2.5% of the Airport's match will come from a Grant from the State of Colorado. Ordinance No. 097, 2005, was unanimously adopted on First Reading on September 6, 2005. 017<3 September 20, 2005 9. Second Reading of Ordinance No. 098, 2005, Authorizing an Option to Lease, and a Subsequent Lease of. City -Owned Property at City Park North Ballfield to New Cingular Wireless PCS, LLC, for the Location of Antenna Equipment and Related Facilities, Along With an Associated Easement. Cingular Wireless Company contacted the Parks Division to discuss the possible lease of land for an antenna and related equipment to enhance its cellular phone service. The property to be leased and a related utility easement are located in City Park, north of the ballfields. Council has approved similar leases for Sprint, VoiceStream, and Cricket in the same area. Through a series of negotiations, staff has developed a proposed Option and Structure Lease Agreement that meet the needs of the City and Cingular. Ordinance No. 098, 2005, was unanimously adopted on First Reading on September 6, 2005. 10. Items Relating to the Appropriation of Miscellaneous Revenues for the Air Ouality Program. A. First Reading of Ordinance No. 100, 2005, Appropriating Unanticipated Grant Revenue in the General Fund for the Climate Wise Program. B. First Reading of Ordinance No. 101, 2005, Appropriating Unanticipated Grant Revenue in the General Fund for the Natural Resources Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Natural Resources Operating Budget to the Grant Project. C. First Reading of Ordinance No. 102, 2005, Appropriating Unanticipated Grant Revenue in the General Fund for the Natural Resources CMAQ Project and Authorizing the Transfer of Matching Funds Previously Appropriated in the Natural Resources Operating Budget to the Grant Project. D. First Reading of Ordinance No. 103, 2005, Appropriating Unanticipated Grant Revenue in the General Fund for the Natural Resources Emissions Testing Transition Project and Authorizing the Transfer of Matching Funds Previously Appropriated in the Natural Resources Operating Budget to the Grant Project. 11. First Reading of Ordinance No. 104, 2005, Appropriating Unanticipated Revenue in the General Fund for Police Services DUI Sobriety Checkpoints. The Office of Transportation Safety, Colorado Department of Transportation, has received funding from the Federal government for DUI sobriety checkpoints throughout the state between Memorial Day and Labor Day this year. Fort Collins Police Services was asked to participate by holding four checkpoints during this period. The checkpoints were staffed by off -duty officers working overtime and the grant funds will pay for the overtime costs. Any funds not used for the checkpoints will be used to augment regular DUI enforcement during the summer through the use of off -duty officers. 304 September 20, 2005 12. First Reading of Ordinance No. 105, 2005, Appropriating Unanticipated Revenue in the General Fund for E911 and Emergency Medical Dispatch Systems at Fort Collins Police Services Dispatch Center. LETA collects a monthly fee from all county telephone users and allocates those funds to purchase and maintain equipment used to process E911 phone calls; train users; and dispatch appropriate Emergency Services Providers. In 2003, LETA developed a budget allocation formula for each Public Safety Answering Point (also known as Emergency Services Dispatch Center or "Center") based on the number of Dispatchers and the number of E911 phones calls received in each Center. Based on the formula, LETA provides the funds to the individual Centers to pay expenses. The 2005 amount based on 2004 expenditures for Fort Collins Police Services is $10,391. In the same manner, a formula was developed for each Center for Emergency Medical Dispatch ("EMD") based on the number of dispatchers and the number of EMD calls handled by the Center. The 2005 amount based on 2004 expenditures for EMD based on the formula for Fort Collins Police Services is $44,826. The total amount to be appropriated from these two budgets is $55,217. 13. Items Relating to Appropriating Unanticipated Revenue in the General Fund for the Larimer County Drug Task Force. A. First Reading of Ordinance No. 106, 2005, Appropriating Unanticipated Revenue in the General Fund for the Larimer County Drug Task Force. B. First Reading of Ordinance No. 107, 2005, Appropriating Unanticipated Revenue in the General Fund for the Latimer County Drug Task Force. Fort Collins Police Services applied to the Edward Byrne Justice Assistance Grant program on behalf of the Task Force for Federal Grant monies to help fund the investigation of illegal narcotics activities in Larimer County. The Task Force includes Fort Collins Police Services, Loveland Police Department, Latimer County Sheriffs Department, Drug Enforcement Administration, and the Colorado State University Police Department. The grant award for $92,526 will be used for rental and operational costs at the Task Force off -site location and for the purchase of narcotics from drug dealers by undercover police officers. The grant award for $105,804 will be used to buy supplies and operating costs for the Colorado State University detective, for the purchase of narcotics from drug dealers by undercover police officers and to pay for overtime costs incurred by drug task force operations. These appropriations are not requests to identify new dollars for Police Services 2005 budget, instead they simply appropriate new Federal grant money. 305 September 20, 2005 14. First Reading of Ordinance No. 108, 2005, Amending the Fort Collins Land Use Code Regarding Annexation of Uses Not Legally Permitted. City Council approved Ordinance No. 070, 2005 on July 5, 2005. This ordinance enacted numerous Land Use Code amendments that were proposed as part of the Spring 2005 Biannual revisions. One of the amendments in the ordinance clarified the annexation regulations as they pertain to uses not legally permitted in the county. Specifically, the amendment established a maximum two year amortization period for uses not legally permitted that were knowingly allowed to continue by the County. Staff recommended the two year amortization period for uses not legally permitted as a fair and reasonable timeframe in which to allow the illegal use to be abated once the property is in the city. The amendment also contained a stipulation that if the illegal use is the subject of a County initiated zoning or nuisance enforcement action, then the amortization period would end within the time established as a result of the enforcement action or within two years, whichever occurs first. 15. First Reading of Ordinance No. 109, 2005, Authorizing the Purchasing Agent to Enter into an Extension of the Golf Professional Services Agreement at SouthRidge Golf Course for up to Five Additional Years. The existing Agreement with SouthRidge Golf Professional Dale W. Smigelsky, PGA, expires on December 31, 2005. This five-year Agreement was entered into on December 19, 2000, after being awarded through Request For Proposal (RFP) # P-777. As stated in both the RFP documents and the Agreement, "...This Agreement may be extended beyond the original five (5) year term if performance is satisfactory and subject to City Council approval and negotiation of a mutually acceptable extension agreement". 16. Emergency OrdinanceNo.110, 2005, Suspending Enforcement of the Rule Prohibiting More than Three Unrelated Persons From Occupying a Dwelling Unit as Such Rule Applies to Victims of Hurricane Katrina. On September 6, 2005, as a part of the Council's consideration of Resolution 2005-099, which Resolution encouraged local support for the victims of Hurricane Katrina, Council directed staff to prepare an emergency ordinance which would have the effect of suspending the "three -unrelated rule" as it applied to victims of Hurricane Katrina. It was also requested by the Council that this suspension of the "three -unrelated rule" be continued for only one year. This emergency ordinance will suspend for one year the enforcement of the rule which prohibits more than three unrelated persons from occupying a dwelling unit for the limited purpose of accommodating victims of Hurricane Katrina, provided that such victims can show the enforcing officer bona fide evidence that they are persons who were displaced by the hurricane. Since the Land Use Code is the present tool available to the City to enforce the "three -unrelated rule," and since it is anticipated that, in October, Council will be September 20, 2005 considering a more detailed ordinance containing that prohibition, it was decided to utilize a kind of "moratorium/suspension" as the mechanism whereby the Council's request can be most easily accommodated. Since the Ordinance is only effective for one year, the Ordinance is not of such a permanent nature as to need to be codified, and since it is broadly worded, it will cover both the existing Land Use Code prohibition as well as the new prohibition anticipated to be enacted in October. 17. Items Relating to the East Ridge Second Annexation and Zoning. A. Hearing and Resolution 2005-100 Setting Forth Findings of Fact and Determinations Regarding the East Ridge Second Annexation. B. First Reading of Ordinance No. 111, 2005, Annexing Property Known as the East Ridge Second Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 112, 2005, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Ridge Second Annexation to the City of Fort Collins, Colorado. The East Ridge Second Annexation and Zoning represents a follow-up action to bring in a small area of land identified for mitigation purposes for the pond and wetlands as part of the original East Ridge Annexation. This negotiated section of approximately 1/2 acre extended into the adjacent property to the south — triggering the requirement for annexation. Contiguity with the existing municipal boundary is gained along the entire northern boundary which is shared with the south property line of the East Ridge Annexation (152.81) acres). This is a 100% voluntary annexation for a property located within the Growth Management Area. The property satisfies the requirement that no less than one -sixth of the perimeter boundary be contiguous to the existing City boundary. Combined with the original East Ridge Annexation, the two parcels total 153.3 acres. The recommended zoning is L-M-N, Low Density Mixed -Use Neighborhood District. The rezoning request is consistent with the adopted East Mulberry Corridor Plan. 18. Resolution 2005-101 Finding Substantial Compliance and Initiating Annexation Proceedings for the Interchange Business Park First Annexation. The Interchange Business Park First Annexation is 15.55 acres in size. The site is generally located south of East Mulberry Street and east of Interstate 25 and the Southeast Frontage Road. Contiguity with the existing municipal boundary is gained along a portion of the south boundary which abuts the State Highway 14 — East Frontage Road Annexation. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of 307 September 20, 2005 the annexation and zoning ordinances on November 15, 2005. Not less than 30 days prior, published notice is required by State law. 19. Resolution 2005-102 Findina Substantial Compliance and Initiating Annexation Proceedings for the Interchange Business Park Second Annexation. The Interchange Business Park Second Annexation is 34.08 acres in size. The site is generally located south of East Mulberry Street and east of Interstate 25 and the Southeast Frontage Road. Contiguity with the existing municipal boundary is gained along the entire south and a portion of the southeast boundary which abut the Interchange Business Park First Annexation. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on November 15, 2005. Not less than 30 days prior, published notice is required by State law. 20. Resolution 2005-103 Finding Substantial Compliance and Initiating Annexation Proceedings for the Interchange Business Park Third Annexation. The Interchange Business Park Third Annexation is 12.70 acres in size. The site is generally located south of East Mulberry Street and east of Interstate 25 and the Southeast Frontage Road. Contiguity with the existing municipal boundary is gained along the entire east property line which abuts the Interchange Business Park Second Annexation. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on November 15, 2005. Not less than 30 days prior, published notice is required by State law. 21. Resolution 2005-104 Finding Substantial Compliance and Initiating Annexation Proceedings for the Minatta Annexation. The applicant, John Minatta, on behalf of the property owners, John Minatta, Al Minatta, Sam Minatta, and Evelyn Minatta, has submitted a written petition requesting annexation of 35.829 acres located on the west side of Overland Trail, at the southwest corner of the Overland Trail - West Elizabeth Street intersection. The property is partially developed, containing one existing single-family residence and a portion of the existing Fort Collins - Loveland Water District Pump Station. It is in the FA-1 Farming District in Larimer County. The requested zoning for this annexation is LMN - Low Density Mixed -Use Neighborhood and RF - Residential Foothills. The surrounding properties are currently zoned FA-1 Farming in Latimer County to the north, LMN - Low Density Mixed -Use Neighborhood in the City to the east, RL - Low Density Residential in the City to the south, and RF — September 20, 2005 Residential Foothills in the City to the west and the south. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by State law. 22. Resolution 2005-105 Adopting the National Incident Management System Principles and Policies. Since the terrorist attacks of September 11, 2001, the Federal Government has adopted policies and procedures to be utilized in the event of a major emergency or disaster. For state and local governments to continue to receive Homeland Security funding they must adopt and agree to use the NIMS incident management system. Homeland Security funding has provided hundreds of thousands of dollars for training, planning, exercises, and equipment over the last few years. The State of Colorado has already adopted NIMS for use with state emergencies. Fort Collins Police and Poudre Fire Authority utilize this type of Incident Management system and have been trained in the use of the NIMS system. Adopting this resolution will require the training of other key City personnel that would be involved in any type of emergency or disaster. By training and utilizing this system, we can be assured that Fort Collins, other assisting agencies, State and Federal agencies would be familiar with and accustomed to the NIMS incident management system in the event of an emergency in Fort Collins. This would improve staffs ability to effectively manage the emergency. Staff believes adoption of this resolution will improve our ability to interact and work with State and Federal agencies that would be assisting Fort Collins in the event of any type of major emergency. 23. Resolution 2005406 Approving a Proposed Collective Bargaining Agreement with the Fraternal Order of Police and Authorizing the Resolution of Pending Litigation. Passage of Citizen -initiated Ordinance No. 001, 2004 by City voters modified the City Code to provide for collective bargaining between the City and members of the Police Services bargaining unit. While significant portions of the City Code establishing collective bargaining are in dispute, the City and the Fraternal Order of Police Lodge #3 ("FOP") have agreed to enter into a voluntary collective bargaining agreement. This Resolution ratifies the terms and conditions of the voluntary agreement, which takes effect January 1, 2006 and terminates December 31, 2007. This Resolution also approves an agreement with the FOP to settle the pending law suit by stipulating to a judgment which would invalidate the mandatory arbitration and anti -benefit reduction provisions of the Ordinance. 309 September 20, 2005 24. Resolution 2005-107 Appointing Two Representatives to the Colorado Municipal League Policy Committee. Appointments to the CML Policy Committee are made each fall and members serve for a one-year period. Each member municipality of the League is entitled to a representative, and all cities over 100,000 are entitled to designate two representatives. This Resolution appoints Mayor Pro Tern Karen Weitkunat and City Manager Darin Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. 25. Routine Deeds and Easements. A. Non -Exclusive permanent easement agreement from the Board of Governors of the Colorado State University System for a waterline easement, located on the Hughes Stadium CSU Foothills Campus (CSU will transfer the water supply loop to the City upon completion). Monetary consideration: $0. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. Second Reading of Ordinance No. 096, 2005, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding Bonds, Series 2005, dated October 3, 2005, in the Maximum Aggregate Principal Amount of $11,900,000, in the Wastewater Utility Fund. 8. Second Reading of Ordinance No. 097, 2005, Authorizing the City Manager to Extend the Term of the Agreement Between the City and CH2M Hill, Inc. for Engineering Services at the Fort Collins -Loveland Municipal Airport. 9. Second Reading of Ordinance No. 098, 2005, Authorizing an Option to Lease, and a Subsequent Lease of, City -Owned Property at City Park North Ballfield to New Cingular Wireless PCS, LLC, for the Location of Antenna Equipment and Related Facilities, Along With an Associated Easement. 29. Second Reading of Ordinance No. 099, 2005, Expanding the Boundaries of the Fort Collins, Colorado Downtown Development Authority and Amending the Plan of Development of the Authority. Ordinances on First Reading were read by title by City Clerk Krajicek. 10. A. First Reading of Ordinance No. 100, 2005, Appropriating Unanticipated Grant Revenue in the General Fund for the Climate Wise Program. 310 September 20, 2005 B. First Reading of Ordinance No. 101, 2005, Appropriating Unanticipated Grant Revenue in the General Fund for the Natural Resources Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Natural Resources Operating Budget to the Grant Project. C. First Reading of Ordinance No. 102, 2005, Appropriating Unanticipated Grant Revenue in the General Fund for the Natural Resources CMAQ Project and Authorizing the Transfer of Matching Funds Previously Appropriated in the Natural Resources Operating Budget to the Grant Project. D. First Reading of Ordinance No. 103, 2005, Appropriating Unanticipated Grant Revenue in the General Fund for the Natural Resources Emissions Testing Transition Project and Authorizing the Transfer of Matching Funds Previously Appropriated in the Natural Resources Operating Budget to the Grant Project. 11. First Reading of Ordinance No. 104, 2005, Appropriating Unanticipated Revenue in the General Fund for Police Services DUI Sobriety Checkpoints. 12. First Reading of Ordinance No. 105, 2005, Appropriating Unanticipated Revenue in the General Fund for E911 and Emergency Medical Dispatch Systems at Fort Collins Police Services Dispatch Center. 13. A. First Reading of Ordinance No. 106, 2005, Appropriating Unanticipated Revenue in the General Fund for the Larimer County Drug Task Force. B. First Reading of Ordinance No. 107, 2005, Appropriating Unanticipated Revenue in the General Fund for the Larimer County Drug Task Force. 14. First Reading of Ordinance No. 108, 2005, Amending the Fort Collins Land Use Code Regarding Annexation of Uses Not Legally Permitted. 15. First Reading of Ordinance No. 109, 2005, Authorizing the Purchasing Agent to Enter into an Extension of the Golf Professional Services Agreement at SouthRidge Golf Course for up to Five Additional Years. 16. Emergency OrdinanceNo. 110, 2005, Suspending Enforcement of the Rule Prohibiting More than Three Unrelated Persons From Occupying a Dwelling Unit as Such Rule Applies to Victims of Hurricane Katrina. 17. B. First Reading of Ordinance No. 111, 2005, Annexing Property Known as the East Ridge Second Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 112, 2005, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Ridge Second Annexation to the City of Fort Collins, Colorado. 311 September 20, 2005 Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson and Weitkunat. Nays: None. Staff Reports City Manager Atteberry reported the City has responded to requests for assistance in the Gulf Coast region by donating ten police vehicles and miscellaneous equipment to the town of Gulfport, Mississippi. He recognized and thanked the local businesses that made it possible. He reported an increase in CSU student ridership on Transfort. Councilmember Reports Councilmember Kastein asked if there has been any consideration on the City's part of allowing time off for employees who would like to volunteer for the relief effort. City Manager Atteberry replied it had been discussed and he would provide a report during Other Business. Mayor Hutchinson reported he participated in the Colorado Municipal League Mayoral Strategic Leadership Conference. At the Conference, he presented information on the City's implementation of Budgeting for Outcomes. Ordinance No. 099, 2005, Expanding the Boundaries of the Fort Collins, Colorado Downtown Development Authority and Amending the Plan of Development of the Authority. Adopted on Second Reading The following is staff s memorandum on this item. "EXECUTIVE SUMMARY This annexation would expand the boundaries of theFort Collins Downtown DevelopmentAuthority (DDA) District to include the following properties: City of Fort Collins Transportation Services property (bounded by Linden Street on the West, Vine Drive on the North, Lemay Avenue on the East and by the New Belgium Brewing property on the south). 2. Platte Valley Lumber, Inc, 725 East Vine Drive. 3. The New Belgium Brewing property on the north side of Buckingham from Linden to Lemay. 312 September 20, 2005 4. 27.33 acres on the north side of East Vine Drive and directly east of the Platte Valley Lumber property, owned by Rocky Mountain Raptor Program. 5. An additional property owned by Judy Kolz (Buckeye Limited Liability) located on the south side of Buckingham Street just east of the Buckingham neighborhood. Ordinance No. 099, 2005, was adopted 5-1 (Nays: Ohlson) on First Reading on September 6, 2005. BACKGROUND The Rocky Mountain Raptor Program is seeking annexation of its property on East Vine Drive into the DDA district. The Rocky Mountain Raptor Program (RMRP) is currently housed with Colorado State University's School of Veterinary Science. Because ofspace constraints, it has been asked to find a new home. RMRP approached the Downtown Development Authority over a year ago about finding a location in the central business district. The DDA worked with RMRP's Executive Director and its real estate agent to identify a suitable location. At the same time, the idea of developing a science and nature museum began to emerge. The DDA strongly supported the concept since it fit well with its vision for a larger downtown cultural neighborhood. Through the offices of the National Association for Interpretation (NAI) other potential partners were identified. Early on this included the Discovery Science Center as well as the Audubon Society, Rocky Mountain Bird Observatory, and the Rocky Mountain Sustainability Association. The Discovery Science Center has since pursued another opportunity but the rest remain potential partners. The RMRP requires enough land to include its administrative offices, facilities to house raptors, and a hospital/rehabilitation center. With the possible addition of other partners, the need grew for a larger site. RMRP settled on the 27.33 acres on the north side of East Vine Drive because it was large enough to accommodate all possible users, it would allow for growth, and the price was extremely attractive. There were lengthy discussions with the DDA at the staffand Board levels about ways the Authority could facilitate thepurchase. However, because theproperty was not within the DDA district it was impossible for it to invest in the acquisition. RMRP decided to buy the property on its own (New Belgium Brewing provided the earnest money funds through a grant to RMRP), with the intent of pursuing annexation and seeking DDA assistance at a later date. Since the time of that decision, RMRP and the DDA have been working on the annexation documents. Most of the documents were drafted prior to closing which accounts for the discrepancies in the materials provided to City Council on first reading. DDA staffwas responsible and it apologizes for not ensuring the materials were updated prior to inclusion in Council packets. 313 September 20, 2005 Although the annexation could be accomplished without the inclusion of Platte Valley Lumber, the City's Transportation Services property, and the balance of the New Belgium property, they were included because: Platte Valley Lumber requested inclusion; 2. New Belgium suggested its property be included since the DDA would be able to capture any tax increment generated by growth in its production facilities (New Belgium's owner is the current Chair of the DDA. However, New Belgium has never requested, nor received, DDA financial participation in any of its development); 3. If New Belgium properties were to be included it made sense to the DDA to fill in the "blank" between its property and the RMRP property by adding the City's Transportation Services land. It can be excluded without affecting the annexation request. The Buckeye Limited Liabilityproperty on the south side of Buckingham and across the streetfrom New Belgium Brewing was added at the owner's request. The property is covered with hundreds of thousands of cubic feet of lime and soda ash —residue from pickle factories once located in that area of Fort Collins. The cost to cleanup the site for redevelopment is prohibitive and DDA staff anticipates the Authority will be asked to participate financially (no requests have been made since there are currently no redevelopmentplans for the site) in either cleanup or redevelopment at some point in the future. Analvsis ofAnnexation From the perspective of the DDA, the addition of a science and nature museum to downtown fits well with its larger objective of a downtown cultural neighborhood. To help facilitate the project, the property needs to be within the DDA district. Therefore, the Board of Directors voted to recommend approval of the annexation request to City Council. The Board also understands that the requests for inclusion by Platte Valley Lumber and Buckeye Limited Liability are intended to position those properties for future DDA financial assistance. However, the Authority is aware of no development/redevelopment plans for either property. Including the New Belgium property was done at the suggestion of its owner. The DDA has never been asked to participate in the New Belgium brewery development in the past and it is not expecting a request for any expansion of the brewery. New Belgium has been considering a significant addition to the plant that would result in increased tax increment revenue to the DDA. However, the latest word is that the planned production facility will be located offsite and outside the DDA district. The only reason the City's Transportation Facilities property was included was because it was located between the New Belgium property and the RMRP property. 314 September 20, 2005 Size of Annexation The DDA district without the RMRP (and the other four properties) annexation is 450 acres in size. The annexation is 109 acres. This is a 24 percent increase in the size of the district. The RMRP annexation request constitutes a signifcant increase to the size of the DDA tax increment district. The "Whereas" clause in ordinance No. 099, 2005 reads "none of the Amending Ordinances substantially expanded the size of the District... " It is in the past tense and refers to the previous "Whereas" clause that cites earlier annexations into the district. Financial Impact To the DDA: Properties within the DDA district are assessed five mills which is used by the Authority (in accordance with Colorado Statute) for administrative expenses. The mill levy was approved by qualified voters in the DDA district in 1981, Because it is a 501c3 corporation, the RMRP property will not be subject to this tax. Nor will the City property. If the annexation is approved, the DDA will realize the following revenues from the three taxable properties: 1. Buckeye Limited Liability taxable value of $42,570 x .005 = $212.85/year 2. New Belgium brewing taxable value of 174, 000 x .005 = $870.00/year 3. Platte Valley Lumber taxable value of $457, 770 x .005 = $2.288.85/vear Total increase in tax revenues to the DDA for administration: $3, 371.70/year To the City: There is no financial impact to the City unless redevelopment occurs on any or all of the three taxable properties (i.e. Buckeye Limited Liability, New Belgium, Platte Valley Lumber) resulting in increasedproperty value. For every $1,000,000 in increased taxable value, $9,797 in property taxes will be diverted to the DDA TlFfund for use to service debt. TlFfunds are all spent within the municipality. To the County: There is no financial impact to the County unless redevelopment occurs on any or all of the three taxable properties (i.e. Buckeye Limited Liability, New Belgium, Platte Valley Lumber) resulting in increased property value. For every $1,000,000 in increased taxable value, $22,517 in property taxes will be diverted to the DDA TlFfund for use to service debt. TlFfunds are all spent within the municipality. This means that, while the $22, 517 must be spent within the DDA district, it is also being spent within the boundaries of the City of Fort Collins. To PR-1: There is no financial impact to the PR-1 school district unless redevelopment occurs on any or all ofthe three taxable properties (i.e. Buckeye Limited Liability, New Belgium, Platte Valley Lumber) resulting in increased property value. For every $1,000,000 in increased taxable value, $52,496 in property taxes will be diverted to the DDA TlFfund for use to service debt. TlFfunds are all spent within the municipality. This means that, while the $52,496 must be spent within the DDA district, it is also being spent within the boundaries of the City of Fort Collins. The School District is on record in support of tax increment financing. The District collects more in tax revenues, which are sent to the State, than it receives back from the State. The School district argues that because TIF funds are spent in the local community it helps to increase properties values and therefore to increase school district revenues. 315 September 20, 2005 Loss to the City City tax revenues are not affected by an annexation into the DDA District. Only when a property develops or redevelops so that there is added taxable value (and therefore an increase in property taxes) is there an impact on City revenues as noted above in the Financial Impact section. Whether or not there is development or redevelopment, the City continues to collect all increases in property taxes attributable to higher base values. Tax increment revenues that are diverted from the City's general fund for use to encourage redevelopment in the central business district are still being spent within the municipality and they are often used for capital improvements the City may otherwise have been obligated to pay for (for instance, $350, 000 toward the Mulberry-Lemay intersection, $150, 000 toward the Oak Street Plaza redevelopment, $200, 000 toward the Downtown Strategic Plan, $200, 000 toward the River District Infrastructure Plan, $150, 000 toward technologically advanced parking enforcement equipment, $3.2 million for the Remington Street Parking Garage, and $3 million toward the Civic Center Parking Garage). Tax increment revenues diverted from the County and School District must also be spent within the central business district of the City of Fort Collins. These County and School District funds would not be available for expenditure within the municipality without the tax increment district. Annexation Criteria The DDA does not have set annexation criteria. It assumes that ifa property seeks annexation into the district it wants to be in the district. It also understands that seeking annexation means there is an ulterior motive. Usually the ulterior motive is DDA financial participation in a development project. However, the Authority is under no obligation to agree to this before or after annexation and this is made clear to the petitioner(s) of the annexation request. In the case of the Rocky Mountain Raptor Program, the DDA intends to provide financial assistance. " City Manager Atteberry introduced the agenda item. Chip Steiner, Downtown Development Authority (DDA) Executive Director, reviewed the item noting the Rocky Mountain Raptor Program has purchased new property and would like to be annexed into the DDA. He stated there are four other properties requesting annexation as well: the City of Fort Collins Transportation Services property, Platte Valley Lumber, the part of the New Belgium property not included in the DDA already, and an additional parcel on the south side of Buckingham Street just east of the Buckingham neighborhood. Steiner reviewed the DDA annexation process and the Rocky Mountain Raptor Program business plan proposal. He stated the new annexation would increase the size of the DDA boundary by 24%. Judy Sherpals, 2519 South Shields Street, Executive Director of the Rocky Mountain Raptor Program, asked Council to grant this annexation and offered to answer any questions. Councilmember Manvel thanked Steiner for the thorough presentation and agenda materials 316 September 20, 2005 Councilmember Ohlson thanked Steiner for the information and commented on facade easements and the fact that this is a substantial increase to the size of the DDA boundary. He stated he would support the item on Second Reading. He asked if the City could deny a DDA annexation for reasons other than the listed one of not approving of the use. Steiner replied in the affirmative. Councilmember Ohlson made a motion, seconded by Councilmember Brown, to adopt Ordinance No. 099, 2005 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson and Weitkunat. Nays: None. THE MOTION CARRIED. Public Hearing on the 2006-2007 Recommended Biennial Budget for the City of Fort Collins, Held The following is staff s memorandum on this item. "EXECUTIVE SUMMARY This is the first official public hearing on the City Manager's 2006-2007 Recommended Biennial Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the 2006-2007 budget. In an effort to receive further public input, a second public hearing is scheduled for the October 4, 2005 Council meeting. Additionally, Budget Open House and Public Education Sessions will be held Monday, September 19, 2005 from 4: 30-6: 30 p.m, at the Lincoln Center and Thursday, September 22, 2005 from 4: 30-6:30 p.m. (location to be determined). Public input will also be taken during the budget adoption meetings on Wednesday, November 2 and Tuesday, November 15, 2005 at 6: 00 p.m. in the Council Chambers. The City Manager's 2006-2007 Recommended Budget can be reviewed at the Main Library, the Harmony Branch Library, or the City Clerk's Office. The recommended budget can also be viewed on the internet at www. /c,Qov.com1budget." City Manager Atteberry gave a brief staff presentation stating this budget has been a reflection of the cost curve flattening out. He stated this budget includes "turning on" employee wage increases and he reviewed the Budgeting for Outcomes (BFO) process and the general fund and other fund budget allocations for each BFO outcome. He stated staff would be available for any questions. Mayor Hutchinson stated this is the first public hearing on the 2006-2007 Budget and the purpose of the hearing is to gather public input for Council to consider. He listed the additional dates on which Council will be considering the Budget. He stated each participant would have five minutes to speak. 317 September 20, 2005 Callea-Devi Goetz, 417 East Thunderbird, asked Council to increase the number of police officers to make certain there are an adequate number for protection. She asked Councilmembers to consider riding along with officers at night to see what types of calls are dealt with and see the need for additional officers. Ray Czaplewski, 2012 Huntington Circle, complimented Council and staff on the budgeting process. He spoke regarding the Neighborhood Quality portion of the budget noting its importance. Sarah Allman, 1200 East Stuart #38, spoke regarding Transfort and Dial -a -Ride. She stated bus service needs to be expanded and fares need to be increased to help pay for this expansion. Lyn Pring, 3337 Pine Ridge Place, recommended the line item for the trash districting study be deleted from the budget and used to restore a needed service that is currently slated to be cut. Jenna Griebel, Assistant Director of Community Affairs with the Associated Students of Colorado State University (ASCSU), stated ASCSU negotiated to provide bus passes to students, however, they did not have any input into what bus services may be cut as a result of the decreases fares for students. She encouraged Council to provide funding for Transfort and increase its services. She opposed decreases in funding for affordable housing and the Neighborhood Resources Office. Gary Thomas, 757 Cherokee Drive and the Executive Director of SAINT, encouraged Council and staff to continue to fund Dial -a -Ride because its riders do not typically have a choice. He asked why transportation funding was being cut so dramatically despite being a small part of the overall City budget. He stated concern about losing two senior transportation positions as part of the cuts. Nancy York, 130 South Whitcomb, raised concerns about the small amount of money from the General Fund going to environmental issues. She cited cuts to street sweeping and Transportation Demand Management of particular impact on air quality. Ray Martinez, 4121 Stoneridge Court, spoke regarding the Police Services budget noting the overtime budget for officers is around $600,000 annually because there are not enough officers to fill the need. He stated the police department needs to have a strategic plan rather than arbitrarily freezing police hires. Marsha Fitzhom, 2101 Rollingwood Drive, expressed appreciation for the work on the budget and stated concern regarding the cuts to transportation. She asked Council to consider the increased demand for public transportation. Gina Janett, 730 West Oak, asked that essential services for those with lower incomes and those who are most vulnerable not be cut. She specifically asked that Dial -a -Ride night service, library hours, and the Youth Activity Center not be cut. She suggested eliminating promotional -type "giveaways," staff meals, and conference attendance and travel as means to save money. She also suggested flattening the management structure rather than eliminating services for citizens. Barney Apodaca, 327 Mathews, asked that Dial -a -Ride services not be cut. 318 September 20, 2005 Dave Shiel, 1611 Mathews, supported the Youth Activity Center and advocated increasing police services. Callea-Devi Goetz, 417 East Thunderbird, suggested having a City lottery to pay for some services. (Secretary's Note: The Council took a brief recess at this point.) Ordinance No. 104, 2005, Appropriating Unanticipated Revenue in the General Fund for Police Services DUI Sobriety Checkpoints. Adopted on First Reading The following is staff's memorandum on this item. "FINANCIAL IMPACT This Ordinance appropriates funds provided to Fort Collins Police Services by the Office of Transportation Safety, Colorado Department of Transportation, in the amount of $24,900. EXECUTIVE SUMMARY The Office of Transportation Safety, Colorado Department of Transportation, has received funding from the Federal government for DUI sobriety checkpoints throughout the state between Memorial Day and Labor Day this year. Fort Collins Police Services was asked to participate by holdingfour checkpoints during this period. The checkpoints were staffed by off -duty officers working overtime and the grant funds will pay for the overtime costs. Any funds not used for the checkpoints will be used to augment regular DUI enforcement during the summer through the use of off -duty officers. " City Manager Atteberry introduced the agenda item noting staff recommends approval of the item. Gary Perman, Police Lieutenant, stated this is a grant given through the National Highway Traffic Safety Foundation through the Colorado Department of Transportation for law enforcement agencies to conduct sobriety checkpoints throughout the summer with the idea of taking drunk drivers off the road. He stated Fort Collins had four checkpoints at various dates and times staffed by off -duty police officers working on overtime paid by the grant. Mark Brophy, 1109 West Harmony Road, stated police officers should not be able to stop drivers unless it is believed they have committed a crime or they are driving recklessly. He stated random stops are unconstitutional and violate Fourth Amendment rights. Councilmember Kastein asked City Attorney Roy to comment on the constitutionality of sobriety checkpoints. City Attorney Roy replied it is constitutionally permissible and he will provide Council with a follow-up report prior to Second Reading. 319 September 20, 2005 Councilmember Ohlson stated he is not wholly comfortable with the item though he is going to support it. He asked Perman to discuss how the stops are processed. Perman replied the checkpoints consist of 10-30 officers depending on location and time of day. Each stop consists of a through lane with traffic cones and a diverted lane with traffic cones. Formulas are used to determine which and how many cars are stopped, perhaps every third or fifth car, regardless of the type of car or who is driving. Stopped drivers have a very brief interview with an officer and if probable cause for drunk driving is found, the car is diverted into a holding lane and sobriety tests occur. Councilmember Ohlson asked about the response from non -impaired drivers. Perman replied he was not aware of any complaints, only of commendations for operating the checkpoints. Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 104, 2005 on First Reading. Councilmember Kastein commented these types of checks are similar to metal detectors at airports and these checkpoints are a way to make certain no harm is done by intoxicated drivers. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson and Weitkunat. Nays: None. THE MOTION CARRIED. Emergency Ordinance No. 110, 2005, Suspending for One Year the Enforcement of any Occupancy Limit on Dwelling Units as Applied to Victims of Hurricane Katrina, Adopted The following is staff s memorandum on this item. "SUMMARY On September 6, 2005, as a part of the Council's consideration of Resolution 2005-099, which Resolution encouraged local support for the victims of Hurricane Katrina, Council directed staff to prepare an emergency ordinance which would have the effect ofsuspending the "three -unrelated rule "as it applied to victims of Hurricane Katrina. It was also requested by the Council that this suspension of the "three -unrelated rule" be continued for only one year. This emergency ordinance will suspend for one year the enforcement of the rule which prohibits more than three unrelated persons from occupying a dwelling unit for the limited purpose of accommodating victims of Hurricane Katrina, provided that such victims can show the enforcing officer bona fide evidence that they are persons who were displaced by the hurricane. Since the Land Use Code is the present tool available to the City to enforce the "three -unrelated rule, " and 320 September 20, 2005 since it is anticipated that, in October, Council will be considering a more detailed ordinance containing that prohibition, it was decided to utilize a kind of "moratorium/suspension" as the mechanism whereby the Council's request can be most easily accommodated. Since the Ordinance is only effective for one year, the Ordinance is not of such a permanent nature as to need to be codified, and since it is broadly worded, it will cover both the existing Land Use Code prohibition as well as the new prohibition anticipated to be enacted in October. " City Manager Atteberry introduced the agenda item noting this item was prepared in response to Council direction. Mark Brophy, 1109 West Harmony Road, stated this item does not provide equal treatment to everyone and suggested it should either be enacted to apply to everyone or not enacted at all. Gary Thomas, 757 Cherokee Drive, thanked Council for attempting to assist the refugees. Councilmember Kastein made a motion, seconded by Councilmember Brown, to adopt Emergency Ordinance No. 110, 2005. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson and Weitkunat. Nays: None. THE MOTION CARRIED. Other Business Councilmember Weitkunat asked for an agenda review for the remainder of the evening. Mayor Hutchinson replied the Council meeting will be adjourned, the Wastewater Utility Enterprise Board meeting will be held, followed by the Urban Renewal Authority meeting and, iftime permits, a work session to discuss the City Council Policy Agenda. Councilmember Kastein asked for City Manager Atteberry's report on the possibility of time off for employees wanting to assist in hurricane relief efforts. City Manager Atteberry replied several employees have taken personal vacation time to use their skills to assist in the efforts. He added there are some emergency service workers who have been dispatched to the area as well. He stated the Executive Lead Team would be discussing the possibility of paid leave at its meeting Wednesday and he will report back to Council on that discussion. Councilmember Kastein stated he believed employees should be allowed paid leave for a certain amount of time to volunteer. Councilmember Brown stated those employees who have assisted on their own time should be recognized publicly. 321 September 20, 2005 City Manager Atteberry stated the sentiment on the Executive Lead Team is the same though there are some logistical issues to work out. Councilmember Roy commented regarding the budget discussion, that the Fort Collins population is closer to 136,000 rather than the 200,000 mentioned. He asked for a report on bus usage given the increase in gas prices and a report on departmental budgets for promotional items. Adjournment The meeting adjourned at 8:35 p.m. Mayor ATTEST: City Clerk 322