HomeMy WebLinkAboutMINUTES-05/17/2011-RegularMay 17, 2011
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, May 17, 2011,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered
by the following Councilmembers: Horak, Kottwitz, Manvel, Ohlson, Poppaw, Troxell and
Weikunat.
Staff Members Present: Atteberry, Krajicek, Roy.
Agenda Review
City Manager Atteberry noted Item No. 27, Resolution 2011-049, Appointing a City Representative
to the Larimer Emergency Telephone Authority Board of Directors, was not in the Thursday agenda
but is in tonight's agenda.
Citizen Participation
Stacy Lynne, 216 Park Street, requested 5 minutes of speaking time per person.
Alfred Reaud, 1104 Columbine Court, objected to the proposed Medical Marijuana Business
initiative.
Richard Seaworth, 3218 ECR 70, Wellington, opposed proposed fees for the Boxelder Flood
Authority.
Jim Clark, Fort Collins Convention and Visitors Bureau, announced Fort Collins' National Tourism
Week.
Heather Stickler, 633 Gilgalad Way, expressed concern regarding the development review process
and neighborhood input.
Sandy Lemberg, 6851 Poudre Canyon, expressed concern regarding the money which has gone
toward the Jim Broderick case and recommended his termination.
Josh Kerson, 244 North College, supported allowing electric -assist bicycles on City trails.
Gene Hawkins, resident, supported allowing electric -assist bicycles on City trails.
Ken Cline, 1010 Smith Street, supported allowing electric -assist bicycles on City trails.
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Frank Pino, 2600 West Prospect, supported allowing electric -assist bicycles on City trails.
Jonathan Feiman, 959 Gilgalad Way, supported the City gaining access through part of the Centre
for Advanced Technology for maintenance of the Spring Creek floodway channel.
James Sack, 2945 Bassick Street, encouraged support of local family farms.
Chris Busteed, 2309 Westchase Road, supported allowing electric -assist bicycles on City trails.
Robin Busteed, 2309 Westchase Road, supported allowing electric -assist bicycles on City trails.
Jennifer Schrader, 1229 Teakwood, supported allowing electric -assist bicycles on City trails.
Barbara Olander, 2201 Timber Creek, supported allowing electric -assist bicycles on City trails.
Sherri O'Hara, 2723 Geneva Place, Longmont, supported allowing electric -assist bicycles on City
trails.
Elana Hurwitz, 2814 West Vine Drive, supported allowing electric -assist bicycles on City trails.
Shane Miller, 4325 Mill Creek, supported allowing electric -assist bicycles on City trails.
Ben Magsamen, 210 West Magnolia, supported allowing electric -assist bicycles on City trails.
Ken Anderson, 2814 Fleet Drive, thanked Councilmembers Manvel and Troxell and City Manager
Atteberry for quick response to an inquiry he sent.
Eric Sutherland, 3520 Golden Currant, discussed electric rate charges and opposed the City's
handling of the Tim Masters and Lieutenant Broderick case.
Sarah Burnett, 714 Gilgalad Way, encouraged Council to examine the hearing procedure and
repeated applications for similar projects on the same parcel in its Land Use Code review.
Stacy Lynne, 216 Park Street, discussed the relevance of local legal opinions and encouraged
Council not to limit public input times.
Doug Brobst, 1625 Independence Road, discussed dropping vacancy rates in Fort Collins and
encouraged Council to lengthen public input times.
Ray Martinez, 4121 Stoneridge Court, encouraged Council to lengthen public input times, discussed
an initiative regarding medical marijuana businesses, and supported allowing electric -assist bicycles
on City trails.
Tommy Clender, 621 Locust Street, supported allowing electric -assist bicycles on City trails.
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Citizen Participation Follow-up
Mayor Weitkunat asked for a response regarding electric -assist bicycles. Marty Heffernan, Director
of Culture, Parks, Recreation, and Environment, replied Council will be examining the issue of
whether or not to allow electric -assist bicycles on the City's paved trails at the June 28th work
session. Boards and commissions with an interest in the issue have been asked to provide
recommendations to Council and a web survey has been placed on the City's webpage.
Councilmember Horak asked if Council would also be considering the issue regarding the City's
non -paved trails. Heffernan replied the current effort is limited to paved trails.
Councilmember Horak noted the non -paved trails would need to be considered at some point.
Councilmember Manvel noted regulations should also be considered for vehicles such as Segways
and motorized wheelchairs and suggested changes to trail standards in the future.
Councilmember Troxell asked what opposing arguments staffhas heard regarding allowing electric -
assist bicycles on City trails. Heffernan replied most of the opposition centers around safety issues
with the bikes being heavier, able to accelerate, and able to sustain speeds of up to 20 miles per hour.
Additionally, some citizens are concerned about noise issues.
Councilmember Troxell asked if staff is conducting any tests regarding safety concerns. Heffernan
replied most of the concern is opinion; however, there are few reports of accidents on the trail
system.
Mayor Pro Tem Ohlson asked about the schedule for development review process changes. City
Manager Atteberry replied it is on the work session calendar for June 14th.
Mayor Pro Tem Ohlson asked about the ability for Council to weigh in on the farm bill mentioned
by Mr. Sack.
Mayor Pro Tem Ohlson asked what new policies may be for citizen participation. City Attorney
Roy replied Council will soon decide on whether or not citizens may speak regarding quasi-judicial
issues and that issue, together with possible changes in the time limits, may result in changes to
Council Rules of Order. This discussion is also on the June 14th work session agenda.
Mayor Pro Tem Ohlson noted opposing viewpoints regarding e-bikes, including those of Cityboards
and commissions, complicates the issue.
Councilmember Horak requested feedback regarding the Spring Creek flood channel. He
encouraged the City to work with CSU to develop a plan for student housing. City Manager
Atteberry replied the item is scheduled as a work item for the Advance Planning Department.
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CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the April 12, 1011 Special Meeting and the
April 19. 2011 Regular Meeting.
Second Reading of Ordinance No. 056, 2011, Appropriating Unanticipated Grant Revenue
in the Recreation Fund for General Operating Support of the Adaptive Recreation
Opportunities Paralympic Sport Club Program.
The National Recreation and Park Association has selected the Fort Collins Recreation
Department, Adaptive Recreation Opportunities program (ARO) to receive a grant in the
amount of $10,000. This Ordinance, unanimously adopted on First Reading on May 3, 2011,
appropriates the grant funds to be used to pay ARO leaders, train staff and purchase adaptive
sports equipment to support the development of Paralympic Sport Club Fort Collins.
8. Second Reading of Ordinance No. 057, 2011, Designating the Whistleman Mansion, 1502
South College Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the Cites
This Ordinance, unanimously adopted on First Reading on May 3, 2011, designates the
Whistleman Mansion, 1502 South College Avenue, as a Fort Collins landmark. The owner
of the property, Laura Green, is initiating this request.
9. Second Reading of Ordinance No. 058, 2011, Authorizing the Lease of the City's Historic
Water Works Property at 2005 North Overland Trail to the Poudre Landmarks Foundation.
The City is the owner of the 25-acre property located at 2005 North Overland Trail. The
property has not been a part of the Water Utilities' operating infrastructure since 1904, yet
is a valuable historic resource. This Ordinance, unanimously adopted on First Reading on
May 3, 2011, authorizes the lease of the property for fifteen years to the Poudre Landmarks
Foundation for use as an interpretive center/museum for water.
Poudre Landmarks Foundation ("Foundation") has in the past rented the residence on the
Property to have a caretaker to live on -site. The Foundation collects rent of $300 per month,
or $3,600 per year for the residence. The Foundation puts a portion of the rent proceeds into
their on -going internal repair/improvements fund for the residence, Barn and Chicken Coop.
Funding for the Foundation's major projects comes from grants through the Colorado State
Historical Fund. These grants have a 25% cash match responsibility by the Foundation. The
rent proceeds along with their fundraising activities, such as Historic Home Tour and
merchandise sales during Water Works open houses are used to meet the cash match.
10. First Reading of Ordinance No. 061, 2011, Appropriating Funds from the City's Storm
Drainage Fund Reserves for Transfer to the Fort Collins Urban Renewal Authority for the
Purpose of Providing a Loan for the Northeast College Corridor Outfall Project.
This Ordinance appropriates funds from the City's Storm Drainage Fund Reserves for the
purpose of providing a loan to the Fort Collins Urban Renewal Authority (URA). The
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proposed loan provides the URA with the necessary funds to contribute $326,472 to the
purchase of the Northeast College Corridor Outfall (NECCO) detention pond (purchase
completed in July, 2010). This contribution will cover the shortfall in the land purchase
transaction and repay the City's Stormwater Fund capital projects budget. The loan from
the Storm Drainage Fund Reserves will be interest only for a term of 10 years.
11. First Reading of Ordinance No. 062, 2011, Appropriating Prior Year Reserves in the Capital
Projects Fund for the Building on Basics Lincoln Center Renovation Project.
During the Lincoln Center Addition and Renovation project, an unanticipated structural issue
with the 32 year old Performance Hall walls was discovered. The structural problem is
significant and the Performance Hall walls will require additional structural support. This
work must be completed before the facility can be reopened. Previously, $460,000 was
appropriated for these repairs. This ordinance appropriates an additional $135,000 from
prior year reserves in the Capital Project Fund Building Community Choices program to
complete the structural work.
12. First Reading of Ordinance No. 063, 2011, Making Certain Amendments to Chapter 7,
Article III, Division 3 of the City Code Governing Council Election Districts.
At the April 5, 2011 City election, voters approved a Charter amendment which changed the
method for adjusting City Council district boundaries so that the size and configuration of
Council districts is based on the number of people residing in each district (population),
rather than the number of registered electors.
The Charter, as amended, calls for the Council to establish by ordinance the process for
adjusting district boundaries and giving notice of any proposed boundary changes and the
manner of protesting such proposed changes.
This Ordinance amends existing provisions in the City Code to establish the process of
adjusting district boundaries based on population.
13. First Reading of Ordinance No. 064, 2011 of the Council of the Citv of Fort Collins
Appropriating Unanticipated Grant Revenue and Prior Year Reserves In the Capital Projects
Fund for the North College Avenue Improvements - Vine Drive to Conifer Project.
The limits of this phase of the North College Improvement Project are from Vine Drive to
the Hickory/Conifer intersection. Improvements will include a two inch asphalt overlay, the
construction of various urban design elements, an eight foot on -street bike lane, a landscaped
parkway, shared use paths, the definition and consolidation of accesses throughout the
corridor, an updated storm system including water quality treatment ponds, and safety
improvements at the Conifer/Hickory Intersection. The total project budget of $11.19
million includes $2.7 million from residual funds available from the Building on Community
Choices (BCC) Tax Initiative of 1997. The residual BCC funds appropriated are to be repaid
to the City of Fort Collins by the Urban Renewal Authority (URA) when the URA has the
funds to replay the BCC funds. Due to the timing of the improvements, the URA
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contributions will not be available at the start of construction. The total appropriation of
$11,186,000 will allow the project to be constructed to the full project limits from Vine
Drive to Conifer as outlined in the Building on Basics (BOB) 2005 Tax Initiative.
14. Resolution 2011-041 Further Extending the Deadline for the City of Fort Collins and the
Town of Windsor to Take Certain Actions Required by the Parties' Intergovernmental
Agreement Pertaining to the Development of the Interstate 25/State Highway 392
Interchange.
On December 21, 2010, Council approved an intergovernmental agreement (IGA) with the
Town of Windsor pertaining to the development of the I-25 interchange at the intersection
of State Highway 392. The IGA states that, by March 31, 2011, the City and Windsor will
take certain actions to implement the IGA. On March 15, 2011, by adopting Resolution
2011-026, Council extended the deadline for all actions to be taken under Section 4.2.2,
4.3.1 and 4.3.8 of the IGA to June 7, 2011.
After meeting with adjacent property owners who expressed concerns regarding the Corridor
Activity Center ("CAC") boundaries, it is staff s opinion that more work is needed to
identify those properties that would immediately and substantially benefit from the proposed
interchange improvement of that Interchange. Staff recommends that this deadline be
extended for an additional 120 days to allow for more data to be developed to support the
appropriate CAC boundaries and conduct additional public outreach with the effected
stakeholders. Resolution 2011-041 authorizes that extension. The Windsor Town Council
will consider a similar resolution.
15. Resolution 2011-042 Adopting the Recommendations 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.
16. Resolution 2011-043 Approving the Acceptance of the Proposed Donation of a Sculpture
to be Placed at EPIC.
This Resolution accepts the donation of a bronze sculpture by artist Steven Kramer and
donated by the Sandra Hau Memorial Foundation. This sculpture will become part of the
City's Art in Public Places collection.
17. Resolution 2011-044 Making Council Board and Commission Liaison/Council Committee
Assignments and Other Organization Assignments.
This Resolution makes Councilmember liaison assignments to boards and
commissions/Council committees and other organization assignments to various authorities,
boards and committees.
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18. Resolution 2011-048 Nominating Mayor Karen Weitkunat as a Candidate for Election to the
Executive Board of the Colorado Municipal League.
This Resolution formally endorses the nomination of Mayor Karen Weitkunat as a candidate
to the Executive Board of the Colorado Municipal League. Mayor Weitkunat, during her
earlier term as a City Councilmember, served for approximately three years on the Colorado
Municipal League Policy Committee.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 056, 2011, Appropriating Unanticipated Grant Revenue
in the Recreation Fund for General Operating Support of the Adaptive Recreation
Opportunities Paralympic Sport Club Program.
8. Second Reading of Ordinance No. 057, 2011, Designating the Whistleman Mansion, 1502
South College Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
9. Second Reading of Ordinance No. 058, 2011, Authorizing the Lease of the City's Historic
Water Works Property at 2005 North Overland Trail to the Poudre Landmarks Foundation.
22. Second Reading of Ordinance No. 059, 2011, Authorizing Amendments to the
Intergovernmental Agreement Between the City and Poudre School District Pertaining to
the Land Dedication and In -Lieu Fee Requirements Contained in Such Agreement.
23. Second Reading of Ordinance No. 060, 2011, Repealing And Reenacting Division 1, Article
IV of Chapter 15 of the City Code Relating to Door -to -Door Solicitation.
Ordinances on First Reading were read by title by City Clerk Krajicek.
10. First Reading of Ordinance No. 061, 2011, Appropriating Funds from the City's Storm
Drainage Fund Reserves for Transfer to the Fort Collins Urban Renewal Authority for the
Purpose of Providing a Loan for the Northeast College Corridor Outfall Project.
11. First Reading of Ordinance No. 062, 2011, Appropriating Prior Year Reserves in the Capital
Projects Fund for the Building on Basics Lincoln Center Renovation Project.
12. First Reading of Ordinance No. 063, 2011, Making Certain Amendments to Chapter 7,
Article III, Division 3 of the City Code Governing Council Election Districts.
13. First Reading of Ordinance No. 064, 2011 of the Council of the City of Fort Collins
Appropriating Unanticipated Grant Revenue and Prior Year Reserves In the Capital Projects
Fund for the North College Avenue Improvements - Vine Drive to Conifer Project.
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Mayor Pro Tern Ohlson pulled Item No. 10, First Reading of , Ordinance No. 061, 2011,
Appropriating Funds from the City's Storm Drainage Fund Reserves for Transfer to the Fort Collins
Urban Renewal Authorityfor the Purpose of Providing a Loan for the Northeast College Corridor
Outfall Project.
Eric Sutherland, 3520 Golden Currant, pulled Item Nos. 13 and 17, First Reading of Ordinance No.
064, 2011 of the Council of the City of Fort Collins Appropriating Unanticipated Grant Revenue
and Prior Year Reserves In the Capital Projects Fund for the North College Avenue Improvements -
Vine Drive to Conifer Project, and Resolution 2011-044 Making Council Board and Commission
LiaisonlCouncil Committee Assignments and Other Organization Assignments.
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt all items not
withdrawn from the Consent Calendar. Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak
and Troxell. Nays: none.
THE MOTION CARRIED.
Staff Reports
Deputy City Manager Jones presented the 2011 Alternative Cooperative Education Award for
Outstanding Community Partnership to Transfort bus operators and customer service staff.
Mayor Weitkunat asked for an update regarding street paving in the downtown area. Mark Jackson,
Planning, Development, and Transportation Budget, Policy and Communication Manager, replied the
College Avenue, Mulberry to LaPorte, paving project started Sunday with the work being done Sunday
through Thursday evenings from 9 p.m. until 7 a.m.. The project should be completed by June 15th and
vehicles will be towed if left in signed areas.
Ordinance No. 059, 2011,
Authorizing Amendments to the Intergovernmental Agreement Between the City
and Poudre School District Pertaining to the Land Dedication and In -Lieu Fee
Requirements Contained in Such Agreement, Adopted on Second Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
Since 1998, the City of Fort Collins has collected a fee -in -lieu of land dedication for both Poudre
School District and Thompson School District. These fees allow a residential developer to pay a school
site fee to the School Districts rather than to dedicate a parcel of land to the District for development
offuture schools. The ability of the school districts to require land dedication is provided under State
of Colorado Statute.
The last time the amount of these fees was adjusted was in 2006 This Ordinance, adopted 6-1 on First
Reading on May 3, 2011, will lower the amount of the fees the district receives by $200 per dwelling
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unit. Poudre School District requested a reduction in the fees collected because of the reduced cost of
securing appropriate school sites. Thompson School District has not requested a change in fees. "
Ann Turnquist, City Manager's Office, stated no changes have been made to the Ordinance since First
Reading.
Councilmember Troxell made a motion, seconded by Councilmember Horak, to adopt Ordinance No.
059, 2011, on Second Reading. ,
Mayor Pro Tern Ohlson disagreed with the school district's decision not to charge impact fees and
opposed the motion.
The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Poppaw, Horak and
Troxell. Nays: Ohlson.
THE MOTION CARRIED.
Ordinance No. 060, 2011,
Repealing And Reenacting Division 1, Article IV of Chapter 15 of the City Code
Relating to Door -to -Door Solicitation, Adopted on Second Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
Council approved Ordinance No. 060, 2011 related to the City's Door -to -Door Solicitation Ordinance
on First Reading on May 3, 2011. In doing so, Council made several amendments to the Ordinance
related to the no -solicitation list and the process used to establish the list and approved it by a 6-1 vote.
One of those amendments makes the no -solicitation list applicable only to commercial solicitation.
Council also directed staff to shorten the period of time within which solicitations may occur.
BACKGROUND /DISCUSSION
On May 3, City Council discussed and approved (6-1) Ordinance No. 060, 2011, Relating to the City's
Door -to -Door Solicitation Ordinance. The amendments approved by Council relate to the "no -
solicitation" list referenced in Section 15-109. These amendments will:
(1) make itpossible for residents to register their addresses on the no -solicitation list with the City
either in person, by mail or on the City's website;
(2) require the City Manager to provide 60 days notice to the owners or occupants of addresses
registered on the list before deleting those addresses from the list at the end of the two-year
registration period;
(3) allow the owner or occupant of any residence that has been registered with the City to remove
the residence from the list at any time; and
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(4) make the list applicable to commercial solicitations only.
In addition, the definition of "door-to-door commercial solicitation " has been revised to clarify that
a "tax-exempt"organization means anypublic entity or any nonprofit organization that is exemptfrom
federal income tax under 26 U.S.C. 501(c)(3).
City Council also asked several additional questions about the proposed Ordinance, including the
following:
1. What are the costs for enforcement of the Ordinance —before and after changes?
Police Services notes that in 2010, 261 calls for service were received related to violations of
the City's current ban on commercial solicitation. This is a small percentage of the
approximately 95, 000 police service incidents reported for 2010. Currently, few of the
solicitation calls result in prosecution because of the transitory nature of the solicitors and the
difficulty in identifying and contacting violators. By the time officers respond to a call, violators
have moved out of the area. Police Services staff does not expect a significant change in the
number of complaints or enforcement actions with the proposed ordinance. However, staff
anticipates that the proposed permit system will enable Police Services and the Financial
Officer to more effectively investigate violations by solicitors whose solicitation activities are
undertaken pursuant to a permit, for example, those who have been issued identification badges
and violate the ordinance by soliciting at residences on the no -solicitation list or at
impermissible times of day. If the new requirements result in a significant change in calls for
service, the staff will provide that information.
2. Does the Ordinance allow for the use of e-mail as a method to notify residents of their
registration expiration on the "No Solicitation" list?
The Ordinance presented on Second Reading was clarified to allow residents who sign up on-
line to receive notification ofthe registration expiration via e-mail. The wording of Section 15-
109(d) has been changed to clarify that the notice advising a property owner or occupant of the
removal of his or her address from the no -solicitation list may be sent either to the registered
address or to such other address as may have been provided to the City at the time of
registration, regardless of whether that is a physical address or an e-mail address.
3. Council and residents expressed concern about the hours during which permitted solicitors
would be allowed to conduct business-8. 00 a.m. to one-half hour after sunset was perceived
to be too long.
The Ordinance presented on Second Reading has been amended to limit the hours ofpermitted
solicitation to the period of time between 9:00 a.m. and sunset (see Section 15-118).
FINANCIAL /ECONOMIC IMPACTS
Companies seeking a permit for door-to-door solicitation would be charged a fee aimed at covering the
City's costs for issuing the permit and producing the identification badge required of each individual
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solicitor. Solicitors will also be required to obtain and maintain a valid sales tax license and remit
appropriate sales tax to the City.
The ability of businesses to solicit customers through door-to-door sales may provide some economic
benefit to the community, but staff does not project a significant impact on City revenues. "
Ann Turnquist, City Manager's Office, discussed changes made to the proposed Ordinance since First
Reading.
Ross Cunniff, 2267 Clydesdale Drive, expressed concern about the speed with which these changes are
moving and suggested delaying the decision until further public outreach is completed.
Councilmember Manvel asked what the penalty has been for violations of the current solicitation
regulations and if those would change with the new regulations. Jerry Schiager, Police Services, replied
he was uncertain as to what penalties are issued by the Municipal Court. City Attorney Roy replied the
maximum penalty under City Code is a $1,000 fine or 6 months imprisonment, or both, per offense.
The Municipal Judge has a fine schedule. This Ordinance would put in place enforcement alternatives
that exceed the current penalties.
Councilmember Kottwitz asked when this Ordinance would take effect and when the opt -out list would
be available. Turnquist replied the Ordinance, if passed on Second Reading, would go into effect May
27th, ten days after Second Reading. Obtaining permits will take approximately 10 to 14 days;
therefore, solicitation could not begin until mid -June. The online tool for the opt -out list is being
developed.
Councilmember Troxell asked what federal legislation has changed that necessitates these changes.
City Attorney Roy replied the City is in the midst of litigation and he therefore cannot respond.
Councilmember Troxell asked about the provision allowing businesses to place door -hangers at
residences. City Attorney Roy replied this Ordinance speaks to situations in which a solicitor attempts
to contact a homeowner to either have a conversation or leave materials. An additional provision in
Chapter 17 allows for door -hangers except under certain circumstances.
Councilmember Troxell asked if representatives for Royal Crest Dairy could speak.
Jeff Anderson, attorney representing Royal Crest Dairy, discussed the Dairy's desire to solicit door-to-
door. The U.S. Supreme Court has changed its interpretation of the First Amendment with regard to
commercial speech. The proposed Ordinance is a reasonable compromise between commercial rights
and allowing individuals to opt -out of the solicitations.
Councilmember Poppaw asked why the opt -out list needs to have an expiration date. City Attorney Roy
replied the two-year expiration provision was put in place due to individuals moving.
City Attorney Roy noted the current status of litigation prevents both the City and representatives for
Royal Crest Dairy from presenting arguments. The purpose of Council making a decision on this
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Ordinance is to be proactive and put in place an ordinance that staff believes is a compromise between
the existing Ordinance and what the court may force the Ordinance to be in the future.
Councilmember Poppaw asked Mr. Anderson if he is aware of the overwhelming amount of opposition
to the proposed change. Mr. Anderson replied he was certain there was opposition.
Councilmember Manvel made a motion, seconded by Councilmember Kottwitz, to adopt Ordinance
No. 060, 2011, on Second Reading.
Councilmember Ohlson stated the existing no soliciting Ordinance is a positive thing about Fort Collins
and adopting this new Ordinance may be appropriate, but is unfortunate.
Councilmember Manvel supported the change as being moderate. He asked about the dropping of
phone books in reference to the Ordinance. City Attorney Roy replied phone books should not be
dropped if a no soliciting or no trespassing sign is posted; additional regulations will be examined
regarding phone books.
Councilmember Poppaw encouraged staff to reach out to citizens to ensure those who wish to avoid
solicitations are placed on the opt -out list. She stated she would begrudgingly support the Ordinance
despite it not being supported by citizens.
Councilmember Troxell stated he would not support the Ordinance as it raises the regulatory burden
of the City and citizens oppose the change.
Councilmember Horak stated he would support the Ordinance.
The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Poppaw and Horak. Nays:
Ohlson and Troxell.
�Y:Imlu[iTl�[� ►�[ ...� �i71
Resolution 2011-045
Submitting the Midtown Existing Conditions Survey (Including Prospect South and Foothills
Mall Surveys) and the Midtown Urban Renewal Plan to the Planning and Zoning Board for
Its Recommendation and Submitting the Midtown Urban Renewal Plan and Survey to the
Larimer County Board of Commissioners and the Poudre School District
Board of Education, Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
Staff is taking the necessary steps to bring forward an Urban Renewal Plan (URP) for Midtown. One
of the necessary steps required by Colorado's Urban Renewal Law is for City Council to formally
submit the URP to the Planning and Zoning Board and the Larimer County Board of Commissioners
for their review. As a courtesy, the Plan would also be submitted to the Poudre School District Board
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of Education. With respect to the Planning and Zoning Board, City Council is seeking a written
recommendation as to its conformity with City Plan.
The Planning and Zoning Board is scheduled to review the proposed URP on June 16, 2011. Adoption
ofthis Resolution to refer the URP to the other respective taxing entities, does not commit City Council
to approving the Existing Conditions Survey and URP for the Midtown area.
BACKGROUND /DISCUSSION
In 1982, Council created an Urban Renewal Authority (URA) and designated itself as the governing
board (known as the "Authority'). The boundaries of the URA are the municipal limits. The Fort
Collins URA was created to prevent and eliminate conditions in the community related to certain
"blight factors, " as defined in the State's Urban Renewal Laws. State statutes allow the URA broad
powers to carry out its statutory mandate. Included are the powers to enter into contracts, borrow
funds, and acquireproperty voluntarily or by eminent domain, among others. Urban renewal projects
may be financed in a variety of ways. URAs are authorized to issue bonds and accept grants from
public or private sources. The principal method of financing urban renewal projects is through
obligations secured by property tax or sales tax increments from the project area, or "tax increment
financing"(TIF). TheAuthority exercises itspowers hyplanning and carrying out urban renewalplqns
in urban renewal areas.
Midtown, the South College Avenue commercial corridor running from Prospect Road to just south of
Harmony Road, has been in decline as a prominent regional destination for retail uses. Increased
regional competition, aging and outmoded space, and the impact of the national recession have
contributed to approximately 650, 000 square feet of vacant space.
In 2009, Council recognized that Midtown deserved and required an immediate assessment of its
economic outlook and community aspirations for its future, and directed staff to initiate the Midtown
Redevelopment Study. This process occurred from late October 2009 to May 2010, during which the
consultant team worked with the City, stakeholders and the public to assess Midtown issues, make
recommendations for its future, and outline nest steps for action.
The recommended actions to help achieve the redevelopment envisioned by the Midtown
Redevelopment Study include additional design and planning efforts, financial feasibility analysis and
further refinement of public financing options.
Action Al of the study's implementation strategy directs the City to "Implement other Midtown
Corridor Redevelopment Opportunities ... Prepare an existing conditions reportfor the Midtown Study
area (excluding Prospect South and Foothills Mall area previously addressed). "
Staffinitiated the Midtown Existing Conditions Survey (Survey) upon adoption ofResolution 2011-008,
and completed the effort in April 2011. The purpose of the Survey is to determine whether Midtown
constitutes a blighted area within the meaning of Colorado Urban Renewal Law. The Survey area
boundary began just north of Whole Foods shopping
center continuing down the commercial corridor along College Avenue until Fairway Lane, just south
of Harmony Road. This boundary is consistent with the Midtown Redevelopment Study, including
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Prospect South and Foothills Mall and did not include additional areas to the north or south to
correspond with that document. Stafffeel the areas to the north or to the south ofthe boundary should
be evaluated separately with respect to their unique conditions.
In order to declare an area blighted, at least four of eleven physical, environmental, or social factors
must be present, including:
1. Slum, deteriorated, or deteriorating structures -,
2. Predominance of defective or inadequate street layout
3. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness
4. Unsanitary or unsafe conditions
S. Deterioration of site or other improvements
6. Unusual topography or inadequate public improvements or utilities
7. Defective or unusual conditions of title rendering the title non -marketable
8. The existence of conditions that endanger life or property by fire and other causes
9. Buildings that are unsafe or unhealthy for persons to live or work in
10. Environmental contamination of buildings or property
11. The existence of health, safety, or welfare factors requiring high levels of municipal services
orsubstandalphysical underutilization or vacancy ofsites, building, or other improvements
As the Survey shows, seven factors were found in the area (shown in bold above).
In addition to the Midtown Existing Conditions Survey field work, both the Prospect South (2008) and
Foothills Mall (2007) Existing Conditions Surveys, were updated in 2011 to ensure the findings remain
consistent with the original document and to identify unfavorable conditions that have occurred since
the documents were f nalized.
The Midtown Existing Conditions Survey and updated Prospect South and Foothills Mall Surveys were
presented to Council at a work session on April26, 2011. Based on the results ofthe Surveys, Council
may consider adopting a resolution ofnecessiryfinding that blight exists within all, or a portion of, the
study area and determining that the rehabilitation and/or redevelopment of the area is in the interest
ofthe public health, safety, morals or welfare ofthe residents ofFort Collins. By doingso, Council may
then consider adopting a resolution officially establishing the Midtown Urban Renewal Plan Area. At
the April 26 work session, Council determined that sufficient evidence exists for staff to prepare an
Urban Renewal Plan for Midtown.
The majorpurpose ofestablishing a Midtown Urban Renewal Plan (Midtown URP) would be to permit
the utilization ofTIFin redevelopmentprojects that would in return eliminate orprevent conditions of
blight in and around the Urban Renewal Plan Area (Plan Area). TIF is a tool that is commonly used
throughout Colorado for a variety of redevelopment and economic development. TIF has also proven
an effective tool in the North College Urban Renewal Plan (North College URP) area to overcome
significant public improvement costs and to make their retail projects more competitive in the region
and state. Given the lack of economic tools at the City's disposal and the proven effectiveness of TIP,
staff believes that utilizing TIF is the most effective tool that the City has to help keep the targeted
redevelopment areas competitive with other communities along the Front Range. An advantage of
using TIF is that public assistance toward the development is driven by enhancements to the assessed
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valuation of the property and is funded through property tax revenues versus sales tax revenues. The
temporary diversion ofproperty tax revenues for 25 years benefits all the affected taxing entities at the
end ofthe Plan Area's life cycle, ultimately increasing the collection ofrevenues for all entities because
of the actions of the URA.
At Council 's direction, staffhasprepared the Midtown URP. Rather than take a holistic approach and
activate TIF for the entire Plan Area at once, thus triggering the 25 year clock corridor -wide, if
approved by the Urban Renewal Authority Act and acceptable to the City's bond counsel, staff
recommends a more strategic approach sometimes used in other Urban Renewal Authorities in
Colorado. Accordingly, the Plan states that, within the Plan Area, separate TIF Districts could be
created based on necessity and qualified projects.. The Plan proposes Prospect South, the area long
College Avenue from Prospect Road to parcels just south of Whole Foods to be the f rst TIF District
within the Midtown URP. This would allow the URA Board to be more intentional with the use of TIF
and approve projects that are qualified without endangering the TIF timeline (i.e. North College URP).
As stafflearned with the North College URP, an infrastructurefundingplan was necessary to determine
and prioritize the needed improvements within the Plan Area, i e. streets, stormwater, sewer, utilities.
If authorized by the Urban Renewal Authority Act and acceptable to the City's bond counsel, staff will
initiate this effort for the first TIF District - Prospect South, if the Midtown URP is approved by City
Council.
Before Council can officially approve the URP, state law requires Council to formally submit the URP
to the Planning and Zoning Board (P&Z) for its review and recommendation as to the URP's
conformity with City Plan. Thefollowing list theprinciples andpolicies identified within City Plan that
P&Z will reference:
Principle EH 4: The City will encourage the redevelopment of strategic areas within the
community as defined in the Community and Neighborhood Livability and Neighborhood
Principles and Policies.
o Policy EH 4.1: Prioritize Targeted Redevelopment Areas
0 Policy EH 4.2: Reduce Barriers to Development and Redevelopment
• Policy LIV 5.1: Encourage Targeted Redevelopment and Infill
• Policy LIV 5.2: Target Public Investment along the Commercial Spine
• Policy LIV 5.3: Indentify Additional Redevelopment and Infill Areas as Appropriate
• Principle LIV 34: General Commercial Districts will include a wide range of community and
regional uses, in various sizes andscales, designed for convenient access by all modes of travel,
efficient circulation, and a comfortable pedestrian environment.
o Policy LIV 34.2: Mix of Uses
a Policy LIV 34.3: Support the Revitalization of Existing Strip Commercial Corridor
Developments
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Principle LIV 35: Community Commercial Districts will be communitywide destinations and
hubs for a high frequency transit system. They will be quality mixed -use urban activity centers
that offer retail, offices, services, small civic uses, and higher density housing, in an
environment that promotes walking, bicycling, transit and ridesharing.
o Policy LIV 35.4: Transform through Infill and Redevelopment
Principle LIV43: Enhanced Travel Corridors will be strategic and specialised Transportation
Corridors that contain amenities and designs thatspecificallypromote walking, the use ofmass
transit, and bicycling. Enhanced Travel Corridors willprovide high frequency/high efficiency
travel opportunities for all modes linking major activity centers and districts in the city.
o Policy LIV 43.3: Support Transit -Supportive Development Patterns
Urban Renewal Law 31-25-107 (3.5)(a) requires the City to submit the proposed URP to the Larimer
County Board of Commissioners, as well as an impact report estimations about the time, increment
created and impact to County resources within 30 days ofthe final hearing to approve the URP which
is set for July 19, 2011.
Although not a requirement of Urban Renewal Law, the City will also submit the URP to the other
affected taxing entities (i.e., Poudre School District, Poudre Fire Authority, Library District),
By adopting Resolution 2011-045, Council will formally submit the Midtown Urban Renewal Plan to
P&Z, the Poudre School District Board of Education, and the Larimer County Board of Commissioners
for their review and, with respect to the P&Z, a written recommendation as to its conformity with
City Plan.
Adoption of Resolution 2011-045 does not commit Council to approve the Midtown URP at this time.
Next Steps
May 18 — Submittal of URP to affected taxing entities
June 16 — Planning and Zoning Board Hearing (conformance to City Plan)
July 19 — City Council (consideration of adoption of Urban Renewal Plan)
FLVANCL4L /ECONOMIC IMPACTS
No financial impacts are identified at this time. Adopting the Resolution does not commit City Council
to adopting the URP. "
Megan Bolin, City Planner, discussed the Midtown studies and noted any Urban Renewal Plan must
be submitted to the Planning and Zoning Board and Larimer County Board of Commissioners.
Adoption of an Urban Renewal Plan would allow the City to use TIF financing for redevelopment. This
Resolution would refer the Plan to the other taxing entities for review and recommendations.
Christina Vincent, Urban Renewal Authority Redevelopment Program Administrator, discussed the
differences between the Urban Renewal Authority, whose purpose is to eliminate and prevent the spread
of blight, and the Downtown Development Authority, whose purpose is urban development and
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redevelopment. The URA can have many plan areas within its boundaries, which are the City limits.
The boundary of the DDA is the central business core and it can only have one plan area.
Steve Yurash, 4821 Yellowstone Circle, disagreed with the use of URA funds to redevelop this area.
Jim Palmer, South Fort Collins Business Association, supported the use of URA funds to redevelop the
area.
Councilmember Horak asked if the TIF funds could be used for operations and maintenance costs.
Vincent replied in the affirmative.
Mayor Pro Tern Ohlson thanked staff for the presentation and asked if there is a URA share back to the
other taxing entities. Vincent replied the State statute allows that to be negotiated.
Mayor Pro Tern Ohlson asked why the County would not do a share back with the URA, given that it
does a share back with the DDA. Vincent replied staff with bring back some information for the work
session on June 14.
Councilmember Troxell asked about CSU being mentioned as an infill/redevelopment area. Vincent
replied the map of infill areas came from City Plan. It was determined that the area surrounding CSU
and the activities associated with the campus are relevant to redevelopment opportunities. Mike
Freeman, Chief Financial Officer, replied CSU has been included at the request of CSU.
Mayor Pro Tern Ohlson asked when Council would receive policies and procedures for this plan.
Vincent replied Council adopted policies and procedures last May; some changes were suggested at the
recent work session which will be presented in a package at a future work session.
Mayor Weitkunat suggested this item maybe something which should be discussed as the URA Board.
Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2011-045.
Councilmember Manvel thanked staff for the presentation and responses to questions.
Mayor Pro Tern Ohlson stated he would support the motion but would examine individual projects
closely for appropriate use of TIF funds.
The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak
and Troxell. Nays: none.
THE MOTION CARRIED.
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Items Relating to Making Council Appointments to the Platte River Power Authority and the
Governing Board of the Poudre Fire Authority, No Action Taken on Platte River
Power Authoritv Board Appointment, Poudre Fire Authority Board Appointment Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
A. Resolution 2011-046 Replacing the City's Appointed Director on the Platte River Power
Authority Board of Directors.
B. Resolution 2011-047 Making Appointments to the Governing Board of the Poudre Fire
Authority.
Following the Council organizational meeting in April ofodd-numberedyears, Councilmembers decide
which of the various board and commission liaison assignments and committee appointments are of
interest to them as individuals. At the recent City Council Workshop (May 6-7) Councilmembers
discussed liaison and committee assignments. Resolution 2011-044 (presentedseparately as Item #17)
makes the majority of these appointments.
City Council also makes appointments to the Platte River Power Authority (PRPA) Board of Directors
and to the Governing Board of the Poudre Fire Authority. Two additional resolutions have been
prepared for the purpose of making these appointments.
BACKGROUND /DISCUSSION
Platte River Power Authority Board of Directors
The Platte River Power Authority Board of Directors is comprised of two members from each of the
four member cities, with one such member to be the Mayor of each municipality (or another member
of the municipality's governing board designated by the Mayor) and the other to be an individual
selected by the municipality's governing bodyfor `judgment, experience, and expertise which make that
person particularly qualified to serve as the director of an electric utility ". Historically, the City's
Utility Director has filled the second slot. The City Council is considering appointing a
Councilmember tofill the secondslot. Resolution2011-046 removes Utilities Executive Director Brian
Janonis and replaces him with a Councilmember to be selected at this meeting.
Governing Board of the Poudre Fire Authority
An Intergovernmental Agreement between the City of Fort Collins and the Poudre Fire Protection
District provides that the Governing Board ofthe Poudre Fire Authority shall consist offive members.
Two of the members shall be appointed by the City and two of the members shall be appointed by the
District. The fifth member shall be appointed by the four members appointed by the City and the
Authority. Resolution 2011-047 appoints two members to the Poudre Fire Authority Board. "
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City Clerk Krajicek noted these Resolutions are being presented as a result of Council's recent
workshop and Council will need to select a Councilmember for each Board.
Eric Sutherland, 3520 Golden Currant, suggested the City take a stronger leadership role within the
Platte River Power Authority in order to affect change.
Councilmember Horak stated Council should have a greater level of communication with the City's
PRPA Board representative and added he had previously expressed interest in taking the position.
Councilmember Poppaw stated getting information from PRPA has been difficult in the past. Council
is not getting true representation on the Board if it is not meeting regularly with the representative. City
Manager Atteberry stated the City's Council -Manager form of government could remain intact while
still using Councilmember Horak's suggestion.
City Attorney Roy reiterated Council would like the City's appointed representative to understand and
be responsive to Council direction in the way he or she goes about representing the City on the PRPA
Board. The intent ofthe Council -Manager form ofgovernment canbe accomplished thorough Council
taking policy positions and communicating those to the City Manager who then informs the
representative. The communication link can be strengthened within the confines of this Charter
provision.
City Manager Atteberry stated he and the current representative, Brian Janonis, would meet prior to
each PRPA Board meeting with the previous Mayor. Councilmember Poppaw replied she never
received information regarding those meetings and asked that communication be improved.
Councilmember Troxell supported Councilmember Horak's proposal in terms of more proactive
communication.
Mayor Weitkunat supported increased communication and discussed the possible formation of an
Energy Board. City Manager Atteberry noted staff is working on a proposal that would eliminate the
City's Electric Board and establish an Energy Board.
Councilmember Horak suggested staffpresent a resolution outlining Council's expectations ofJanonis'
post on the PRPA Board. City Attorney Roy and City Manager Atteberry agreed.
Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Manvel, to insert the names of
Councilmembers Poppaw and Horak into Resolution 2011-047.
Mayor Pro Tern Ohlson stated three Councilmembers expressed interest in this position, including the
named Councilmembers and Mayor Weitkunat. Councilmember Poppaw has served on the Poudre Fire
Authority Board in the past and Councilmember Horak has expressed interest in examining some big -
picture systemic issues. Mayoral duties are far reaching and placing these two interested
Councilmembers on the PFA Board would even out duties.
Councilmember Kottwitz asked if Mayor Weitkunat was still interested in the appointment. Mayor
Weitkunat replied she has worked with PFA in the past and believes community representation as
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Mayor is important, particularly with the upcoming appointment of a new Fire Chief. She stated she
does not object to appointments of Councilmembers Poppaw and Horak.
Councilmember Kottwitz stated she has been on the PFA Board for the last two years and is extremely
proud of serving.
The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak
and Troxell. Nays: none.
IllraA u[oyKel�[ 1
Ordinance No. 061, 2011,
Appropriating Funds from the City's Storm Drainage Fund Reserves for Transfer
to the Fort Collins Urban Renewal Authority for the Purpose of Providing a Loan
for the Northeast College Corridor Outfall Project, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMiVARY
This Ordinance appropriates funds from the City's Storm Drainage Fund Reserves for the purpose of
providing a loan to the Fort Collins Urban RenewalAuthority (URA). The proposed loan provides the
URA with the necessaryfunds to contribute $326, 472 to the purchase of the Northeast College Corridor
Ou fall (NECCO) detention pond (purchase completed in July, 2010). This contribution will cover the
shortfall in the land purchase transaction and repay the City's Stormwater Fund capital projects
budget. The loan from the Storm Drainage Fund Reserves will be interest only for a term of 10 years.
BACKGROUND /DISCUSSION
PROJECT OVERIVEW
The North College Corridor continues to receive considerable development and/or redevelopment
interest. The removal of the Dry Creekfloodplain and the establishment of the North College Urban
Renewal Plan (NCURP) eliminated several impediments to development and/or redevelopment.
However, the area continues to need numerous public infrastructure improvements to full address the
City's standard for adequate public facilities (APF). The North College Infrastructure Funding Plan,
adopted by City Council on May 4, 2010 (Resolution 2010-023), identifiedapproximately $74.2 million
in required public infrastructure improvements (Attachment 1).
The design of these improvements requires close coordination by City staff to ensure the elements fit
together in an integrated fashion and to provide predictabilityfor nearby development. Since 2006,
Engineering, Transportation, and Utilities staff have been working to design several public
infrastructure improvements, including:
The realignment of Vine Drive (from College Avenue to Lemay Avenue);
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A unified regional stormwater of fall for east of College Avenue and south of Willox Avenue
to East Vine Drive; and
Two large diameter water pipelines owned by outside agencies.
The planned unified regional stormwater system will provide much needed drainage for stormwater
runoff east of North College Avenue and south of Willox Avenue to East Vine Drive (See Attachment
2 — Figure 1). The preliminary design of the infrastructure was completed in February 2006
Subsequently, stormwater designed the NECCO system to nearly complete engineering drawings. The
infrastructure includes three main components (See Attachment 2 — Figure 2):
A unified regional stormwater and water quality system designed to serve the area north and
east of the NECCO regional detention pond;
A regional detention pond located just west of Redwood Drive; and
The outfall pipe connecting thepond to the East Vine Diversion channel (located east ofLemay
Avenue).
The regional detention pond and the outfall pipe connecting to the East Vine Diversion channel
constitute the infrastructure known as the "backbone "ofNECCO. This is the essential infrastructure
required to allow the unified regional stormwater and water quality system to function properly.
NECCO DETENTION POND
The majority of the NECCO detention pond land was purchased with Stormwater Utility funds. The
Stormwater Utilitypaid for 54.83 percent, or $896, 462, of the land to accommodate the existing offsite
flows and future water quality treatment of existing properties, largely located north of Conifer Street.
Jon Prouty, the property owner, paid for 22.45 percent, or $322,593, through the purchase of an
easement on the land allowing his remainingproperty to use the land for temporary retention until the
completion of the NECCO ou fall pipe connecting the pond to the East Vine Diversion channel. The
remaining 22.72 percent, or $326, 472, of the land will aid future development on adjacent properties
(See Table 1).
Table I — NECCO Detention Pond Land Purchase Transaction Summary
Purchaser
Seller
Purchase Price (Fee Simple)
$1,436,939
$0
Drainage Easement
$108,588
$0
Retention Easement
$0
$322,593
Subtotal
$1,545,527
$322,593
Less: Credit rom Seller
$322,593
$0
Total Due
$1,222,934
$0
Less: Current Stormwater
Funds
($896,462)
Shortfall LIRA Loan
$326 472
$0
In addition, the landpurchase included an easementfor a drainage channel to the north ofthe detention
pond. The price paid for this easement was for an open channel and a pipe for runofffrom the north.
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All properties planned to use the pond are required to drain to the NECCO detention pond and will not
be allowed to have onsite detention. This creates a more efficient system ofhandling stormwater runoff
and water quality treatment.
Future development does not receive a reduction, or a reimbursement, if their sites develop with less
imperviousness than assumed in the NECCO design. In addition, all future development will be
required to contribute to the cost ofthe unified regional stormwater runoffand water quality treatment
facility that is NECCO.
FINANCLAL I ECONOMIC IMPACTS
The proposed loan from the Storm Drainage Fund Reserves will provide the URA with the necessary
funds to contribute $326, 472 to the purchase of the NECCO detention pond. This contribution will
cover the shortfall in the land purchase transaction (as shown in Table 1).' The loanfrom the Storm
Drainage Fund Reserves (Attachment 3) will be interest only for a term of 10 years. The estimated
return to the Storm Drainage Fund Reserves is approximately $10, 000 annually (based on the 10-Year
T-Bill rate of3.348%from April26, 2011). The actual return will depend on the interest rate assigned
to the loan. Per City's Investment Policy, the interest rate of on this type of loan must equal the
applicable Treasury Bill rate at the time ofauthorization. Therefore, the interest rate will beset the day
after approval of the loan by the URA Board. City staff has included the estimated interest cost and
principal inprojections offuture tax increment revenue and determined the URA has the ability to repay
the loan. There is no impact to the City's General Fund or General Fund reserves.
ENVIRONMENTAL IMPACTS
The NECCO project will provide a much needed stormwater management system for the area east of
College Avenue from Vine Drive north to the City limits. The designed and proposed unified
stormwater system will manage stormwater and water quality on the watershed level. The overall
health of the watershed, not the individual sites should is of most concern to the City's Stormwater
Drainage Utility.
As designed, the NECCO project will have the following positive outcomes for the larger watershed:
A higher quality of water returned to the natural tributaries, as a result of slower release and
reduction in sediments;
Creation ofadditional wetlands and natural habitat ofasize more conducive to access and use
by wildlife;
Assistance in maintaining downstream channel stability; potentially mitigating an
environmental impact (erosion) from a major storm event.
For a more complete discussion of the environmental benefits of unified regional stormwater systems
and NECCO please read the attached memo from Jon Haukaas, City Water Engineering Field
Operations Manager (Attachment 4). "
Eric Sutherland, 3520 Golden Currant, discussed the URA's anticipated revenues and expressed
concern the URA would not be able to repay its loan.
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Mayor Pro Tern Ohlson asked for an explanation of the logistics of the Outfall Project. Jon Haukaas,
Water Engineer Field Operations Manager, replied with the details of the routing and noted this
drainage is cut off from a direct route to the Poudre River due to the location of the Larimer County No.
2 Canal.
Mayor Pro Tern Ohlson asked if there is one exit from the settling pond into the ditch. Haukaas replied
in the affirmative.
Mayor Pro Tern Ohlson asked if procedures and policies would be created for on -going maintenance
of the City's stormwater facilities. Haukaas replied staff is creating standard operating procedures,
under which the facilities are already operating.
Mayor Pro Tern Ohlson asked for a report in 3 to 4 months regarding ensuring protection of drainages
that are existing wetlands, which were never built as settling ponds.
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Ordinance No.
061, 2011, on First Reading. Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak and Troxell.
Nays: none.
THE MOTION CARRIED.
Ordinance No. 064, 2011
Appropriating Unanticipated Grant Revenue and.Prior Year Reserves In the
Capital Projects Fund for the North College Avenue Improvements —
Vine Drive to Conifer Project. Adopted on First Reading
The following is staffs memorandum for this item.
"EXECUTIVE SUMiVARY
The limits of this phase of the North College Improvement Project are from Vine Drive to the
Hickory/Conifer intersection. Improvements will include a two inch asphalt overlay, the construction
of various urban design elements, an eight foot on -street bike lane, a landscaped parkway, shared use
paths, the definition and consolidation of accesses throughout the corridor, an updated storm system
including water quality treatment ponds, and safety improvements at the Conifer/Hickory Intersection.
The total project budget of $11.19 million includes $2.7 million from residual funds available from the
Building on Community Choices (BCC) Tax Initiative of 1997. The residual BCCfunds appropriated
are to be repaid to the City of Fort Colins by the Urban Renewal Authority (URA) when the URA has
the funds to replay the BCCfamds. Due to the timing of the improvements, the URA contributions will
not be available at the start of construction. The total appropriation of $11,186,000 will allow the
project to be constructed to thefull project limitsfrom Vine Drive to Conifer as outlined in the Building
on Basics (BOB) 2005 Tax Initiative.
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BACKGROUND /DISCUSSION
North College Avenue, also known as US Highway 287, is a major north -south four lane arterial that
runs through north Fort Collins, providing both local and regional connectivity. Through previous
planning efforts, staff identified the need to enhance the northern gateway to the city, improve
multimodal travel while accommodating the large volume of interstate truck traffic, and to address
aging utility infrastructure and drainage issues. There was also a desire to establish a strong
connection between the growing North College corridor and the rest of the community, in particular,
the historic Old Town area as well as the locally and regionally significant Poudre River
bicycle/pedestrian trail.
In 2005, Fort Collins citizens voted to approve the Building on Basics (BOB) tax initiative. The
following language was included as part of this initiative:
"North College AvenuelmprovementPhase 2— Vine Drive to Conifer- The project will
provide for the re -design of North College Avenue to bring the road to current arterial
standards from Vine Drive to Conifer Street and for the acquisition of right-of-way
needed for construction along North College Avenue. Construction will include curb,
gutter and minorstreetpatching; redefinition and consolidation ofdriveway; bike lanes
and sidewalks, new streetscape and other necessary improvements. "
The BOBfiindingprovided approximately $4.8 million to design the project, acquire rights -of -way, and
construct improvements along North College Avenue between Vine Drive and the Conifer/Hickory
intersection. Approximately $1.8 million ofresidual truck route funds are also available to theproject.
Finally, the City has secured approximately $1.8 million in federal and state funds to augment the
construction of improvements within the entire project limits.
North College Avenue between Vine Drive and the Conifer/Hickory intersection is heavily traveled,
lacks multimodal improvements, has poorly def ned access points to existing businesses, and lacks even
minimal urban design features to beautify the corridor. Previous projects have begun to address the
deficiencies along the corridor through the construction of multimodal improvements, access
consolidation/definition, various utility upgrades, and the installation ofurban design elements. This
project continues these efforts by connecting to the southern terminus of the Phase I North College
Improvement Project constructed in 2004 and 2005. Phase I improvements spanned from Jefferson
Street to Vine Drive.
Goals for the roadway and streetscape improvements along North College Avenue between Vine Drive
and Conifer Street include the following:
• Create a safe and effective travel corridor for all users including bicycles, pedestrians, transit
users, passenger vehicles, and heavy vehicles
• Define access points as highlighted in the US 2871SH14 Access Management Report
• Maintain compatibility with utilities, including stormwater, water, sewer, power, and
communications
• Support the economic viability of the project area
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Upgrade the image of the North College Corridor while minimizing impacts to existing
infrastructure
Maintain compatibility with the intent of previous local planning efforts
All of the planned improvements along North College Avenue will be designed and constructed in
accordance with previous planning efforts, the Colorado Department of Transportation's guidelines
and specifications, current utility and foodplain regulations, and the US 2871SH14 Access
Management Report's short term goals. Medians and side street connections will not be constructed
as part of this project as they are anticipated to be built concurrent with redevelopment activity in the
area. Construction is planned to begin fall of 2011, focusing on utility improvements. Roadway
construction is planned to begin early spring of 2012 and be completed by the end of 2012.
FINANCIAL /ECONOMIC IMPACTS
The following is a summary of the North College Improvements Project — Vine to Conifer funding.
Funds to be Appropriated hy this action
BCC Funds (to be repaid by the URA)
$2, 700, 000
Transportation Enhancement (TE) Funds (2011) - In Lieu o Revenue
$171,000
Surface Transportation program (STP-Metro) Funds 2011) - In Lieu o Revenue
$530, 000
Federal and State Resurfacing Funds - In Lieu o Revenue
$300,000
Total to be Appropriated
$3,701 000
Existing Project Funds (Previously Appropriated)
BOB Funds
$4, 800, 000
Residual Truck Route Funds
$1, 800, 000
Hazard Elimination and Sae (HES) Funds 2008
$385,000
TE Funds (2009)
$250, 000
Congestion Mitigation and Air Quality (CMA ) Funds 2008
$250,000
Total Funds Previously Appropriated
$7,485,000
TOTAL PROJECT FUNDING Revised with this Council Action
S11,186,000
The design, rights -of -way acquisition, and construction of the project are f d lv fzmded by these sources.
Maintenance
The project includes landscaping and urban design features that have an ongoing maintenance
component. Specific improvements that will require maintenance are: additional asphalt and concrete
pavement, concrete and brickpaversidewalks, landscaped parkways, a landscaped median, pedestrian
lighting, urban design elements, and an upgraded stormsystem, including curb, gutter, storm pipe, and
water quality ponds.
Street sweeping and snow plowing requirements will not change significantly from efforts currently
being expended in this area.
Maintenance will be similar to otherfour-lane arterial roadways, with additional maintenance for the
landscaped parkways. Since North College Avenue is a state highway, CDOT is ultimately responsible
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for the long term maintenance of the roadway, but CDOT currently contracts with the City to perform
these duties. The City Streets and Parks Departments will eventually provide longterm maintenance,
with these costs being absorbed into their current budgets.
Economic Impact
One of the primary goals of this project is to support the economic viability of the project area by
upgrading the image and safety of the North College Corridor, while minimizing impacts to existing
infrastructure. This is consistent with adopted long-term plans for the area, including the North
College Corridor Plan (200 7) andFort Collins'City Plan (2011). Theproject will address these goals
through the construction of midtimodal improvements, urban design features, the consolidation and
definition of accesses, and other improvements which target and encourage redevelopment. The
completion of these improvements will provide an economic benefit to the North College area as well
as to the City of Fort Collins as a whole with increased property values and sales tax collection.
ENVIRONMENTAL IMPACTS
The project will have a positive impact on long-term air and storm water quality. The addition of
improved bicycle and pedestrian facilities will increase the number ofpeople walking and biking along
North College Avenue, resulting in improved air quality. The utility upgrades in this project include
improvements to stormwater quality with the installation of water qualityponds to remove suspended
solids and hydrocarbon contaminants from roadway drainage prior to discharge into receiving
waters. "
Eric Sutherland, 3520 Golden Currant, expressed concern regarding URA loans.
Councilmember Manvel made a motion, seconded by Mayor Pro Tern Ohlson, to adopt Ordinance No.
064, 2011, on First Reading.
Councilmember Horak noted Council spent quite a bit of time on this issue at a previous work session
and this loan is for a major project to which Fort Collins voters have already committed funds.
The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak
and Troxell. Nays: none.
THE MOTION CARRIED.
Resolution 2011-044
Making Council Board and Commission Liaison/Council Committee
Assignments and Other Organization Assignments, Adopted
The following is staffs memorandum for this item.
333
May 17, 2011
"EXECUTIVE SUMMARY
This Resolution makes Councilmember liaison assignments to boards and commissions/Council
committees and other organi_ation assignments to various authorities, boards and committees.
BACKGROUND /DISCUSSION
Following the Council organizational meeting in April ofodd-numbered years, Councilmembers decide
which of the various board and commission liaison assignments and committee appointments are of
interest to them as individuals. At the recent City Council Workshop (May 6-7) Councilmembers
discussed liaison and committee assignments.
As provided by state statutes, Resolution 2007-042 appointed Lisa Poppaw to serve on the Housing
Authority for a five-year appointment, which will expire on May 1, 2012. Since Councilmember
Poppaw wishes to remain as a member of the Housing Authority and herpresent term has not expired,
an appointment to the Housing Authority is not included in this Resolution and will be presented
separately to the Council prior to May 1, 2012.
Resolution 2008-043 appointed Lisa Poppaw to the Board of Directors of Beet Street. The Resolution
does not specify a termination date. Therefore, this appointment is ongoing and is not included in this
Resolution.
At the Council Workshop, staff was asked to determine the requirement for a City representative to
serve on the Larimer County Fair Board. The Larimer County Commissioners Office provided
information that the make-up of the Fair Board can include ex-ofitcio members; however, the bylaws
do not require a City representative on the Board. In the past, the Board has included an ex-ofcio
member of the City. Since Council does not desire to appoint a representative to the Fair Board, no
appointment will be made. Currently Ken Mannon, Operations Services Director, regularly attends the
meetings of the Fair Board as the City's representative. "
Eric Sutherland, 3520 Golden Currant, discussed the Citizen Advisory Group appointment.
Councilmember Manvel made a motion, seconded by Councilmember Horak, to adopt Resolution 2011-
044.
Councilmember Manvel discussed the list of Councilmember appointments and thanked
Councilmembers for their hard work on filling these positions.
The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak
and Troxell. Nays: none.
THE MOTION CARRIED.
334
May 17, 2011
Other Business
Resolution 2011-049
Appointing a City Representative to the Larimer Emergency
Telephone Authoritv Board of Directors, Adopted
The following is staff, s memorandum for this item.
"EXECUTIVE SUAV13L4RY
In 1990, the City entered into an intergovernmental agreement with other governing bodies located
within Larimer County to create the Larimer Emergency Telephone Authority (LETA). The agreement,
as amended in 2009, provides that one member of the LETA Board of Directors shall be appointed by
the City Council of the City of Fort Collins to represent the City of Fort Collins, and that such
representative shall be an employee, elected official, or resident of the City of Fort Collins. Former
Police Chief Dennis Harrison served as the City's representative on the LETA Board until his
resignation in April 2011.
This Resolution appoints Rita Davis, Fort Collins Police Services Project/Publiclnformation ALlanager,
until December 31, 2012, or until such time as a new appointment is made.
In addition, this Resolution authori_es the City Manager to make fitture appointments to the LETA
Board. "
City Manager Atteberry noted Chief Harrison's departure leaves a vacancy on this Board. This
Resolution also delegates the responsibility of future appointments to the City Manager.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Resolution_
2011-049. Yeas: Weitkunat, Kottwitz, Manvel; Ohlson, Poppaw, Horak and Troxell. Nays: none:
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 10:00 p.m.
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