HomeMy WebLinkAboutMINUTES-01/20/2009-RegularJanuary 20, 2009
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, January 20, 2009,
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: Hutchinson, Manvel, Ohlson, Poppaw, Roy, and Troxell.
(Councilmember Brown excused from Council meetings from October 28, 2008 through April 7,
2009, authorized by Resolution 2008-104.)
Staff Members Present: Atteberry, Krajicek, Roy.
Council recognized Kim Jordan, CEO of New Belgium Brewing Company, in honor of her award
as CEO of the Year and presented her with a key to the city.
Citizen Participation
Eric Sutherland, 631 LaPorte Avenue, stated the proposed Electric Service Code change is not legal
and should not be adopted.
Chip Parrish, 144 North Mason, stated the Rental Housing Code relating to unrecorded duplexes has
a few holes in the process. New mortgage rules will make it difficult for property owners to use the
equity in their investment properties to make repairs that could be required by the proposed changes
to the Code. He had concerns that the process to bring unrecorded duplexes into compliance will
be onerous on the property owners. He requested Council hold a work session to review the process
proposed by staff.
Jay Stoner, 5800 East County Road 58, stated adding the name "Louis B. Brown, Jr." to the City's
list of street names was'a great recognition of a citizen who contributed greatly to the community.
Betty Aragon-Mitotes, 140 2nd Street, asked that a sound test to be conducted at the site of the
proposed music venue is to be built near the Buckingham neighborhood. The neighborhood is
concerned the noise from the music venue will be much greater than is currently allowed.
Paige Noon, 1307 West Mountain, requested a sound test for the Buckingham neighborhood so the
neighborhood can understand how the impacts of the proposed increase in maximum decibels will
affect the area.
Debbie Tamlin, President of the Fort Collins Board of Realtors, thanked staff for working with the
Board to resolve issues relating to unrecorded duplexes. She asked that careful consideration be
given to any changes that might be made to the Code to bring unrecorded duplexes into compliance.
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January 20, 2009
Carrie Gillis, 2213 Timber Creek Drive; requested that Council consider the issue of unrecorded
duplexes at a work session.
Michelle Jacobs, Fort Collins Board of Realtors, stated the permitting process in the Rental Housing
Code for unrecorded dwelling units will affect many people and the City must communicate, in
writing, with all property owners. Many questions need to be answered about the process and she
requested Council schedule a work session before it formally considers the permitting process.
Theadora Bey, Buckingham neighborhood resident, requested a sound test be performed at the site
of the proposed Oxbow Music Venue so the neighbors can assess how the proposed noise ordinance
will affect the neighborhood.
Matthew James Gomez, 216 2nd Street, stated his concerns about noise levels from the new music
venue and he requested a sound test be performed by staff.
Cheryl Distaso, 135 South Sunset, thanked staff and Council for adding two public meetings and
extending the time for public comment concerning the proposed Transfort routes. She expressed her
concerns with the proposal to raise the decibel limits for noise in the downtown area.
Clint Skutchan, 719 Great Plains Court, Executive Vice President of the Fort Collins Board of
Realtors, requested Council hold a work session on unrecorded duplexes as it is a complex issue and
property owners have many unanswered questions that need to be considered.
Michael Brown, 13047 Logan Street, Thornton, son of Louis B. Brown, Jr., thanked Council for
adding his father's name to the list of street names and recognizing the contributions of his father
to the community.
Citizen Participation Follow-up
Councilmember Ohlson asked to postpone the scheduled work session on the proposed downtown
noise standards until a sound test can be held. City Manager Atteberry stated all parties are in
support of performing a sound test at the Oxbow Music Venue but the staff recommends that the test
performed during the summer season. The item will be moved from the February 24 work session.
Councilmember Ohlson asked that the issue of unrecorded duplexes be placed on a work session.
Councilmember Troxelt stated adding the name "Louis B. Brown" to the list of street names is a
great recognition of a man who contributed much to Fort Collins. He supported a work session
about unrecorded duplexes.
Councilmember Roy asked what expertise is used by staff and Platte River to gather information on
emerging technologies and to set the City's policies on electric generation and consumption and
conservation. City -Manager Atteberry stated any sources of information would be provided to
Council. Platte River has issued an request for proposal to identify a consulting team to help with
long term vision development and to examine Platte River's management practices to determine
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January 20, 2009
what could be improved to address some of the emerging energy issues. The Platte River Board has
agreed to develop a Climate Action Plan at the request of the Governor's Energy Office.
Councilmember Roy asked how many months out of the year an outdoor music venue would be in
use.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
Councilmember Ohlson pulled Item 917 Resolution 2009-006 Approving the Execution of an
Agreement to ModifyandAmend an Intergovernmental Agreement Concerning theImplementation
of an "E911 "Emergency Telephone Service,
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the January 6, 2009 Regular Meeting.
Second Reading of Ordinance No. 001, 2009, Appropriating Unanticipated Grant Revenue
in the General Fund for the Police Services Victim Services Team.
The City has received a grant in the amount of $34,000 from the Eighth Judicial District
Victims Assistance and Law Enforcement (V.A.L.E.) Board to help fund victim services
activities. This Ordinance, unanimously adopted on First Reading on January 6, 2009,
appropriates the grant funds.
8. Second Reading of Ordinance No. 002, 2009, Appropriating Proceeds from the Issuance of
City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding
Bonds, Series 2009, Scheduled to be Sold the Week of January 20, 2009, In the Maximum
Aggregate Principal Amount of $34,000,000 in the Wastewater Utility Fund.
This Ordinance, unanimously adopted on First Reading on January 6, 2009, appropriates the
Wastewater Utility Fund proceeds from bonds issued by Ordinance No. 003, of the Board
of the Wastewater Utility Enterprise, for the purpose of funding a major capital improvement
project at the Mulberry Reclamation Facility. The improvements including both design and
construction of the new facility will total approximately $34 million.
9. Second Reading of Ordinance No. 003, 2009, Amending Section 2-428 of the City Code
Expanding the Functions of the Transportation Board to Include the Establishment of a
"Bicycle Advisory Committee."
This Ordinance, unanimously adopted on First Reading on January 6, 2009, establishes a
Bicycle Advisory Committee (BAC). The BAC will be a citizen advisory committee which
reports to the City of Fort Collins Transportation Board. BAC members will have interest
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in or knowledge of bicycling related issues. The BAC's role will be to review issues related
to bicycling in the areas of engineering, enforcement, education, encouragement,
environment, community, and economy, as noted in the 2008 Bicycle Plan.
10. First Reading of Ordinance No. 005 2009 Appropriating Unanticipated Grant Revenue in
the General Fund for the Natural Resources Radon Program and Authorizing the Transfer
of Matchin Funds.
unds.
The City has received a $4,051 grant from the Colorado Department of Public Health and
Environment for continuing radon education and outreach to encourage radon testing and
mitigation through media advertising and low-cost test kit sales. The grant period is from
October 1, 2008 through September 30, 2009.
11. First Reading of Ordinance No. 006 2009 Appropriating Unanticipated Grant Revenue in
the General Fund for Continuation of the Restorative Justice RESTORE Program.
A grant in the amount of $15,000 has been received from the Bohemian Foundation for
salaries associated with the continued operation of the RESTORE Program. The grant period
is from December 1, 2008 to November 31, 2009.
12. First Reading of Ordinance No 007 2009 Appropriating Revenue in the Downtown
Development Authority Debt Service Fund for Payment of Debt Service on Bond Series
2008A for the Year 2009.
This Ordinance will appropriate the tax increment revenue in the Downtown Development
Authority Debt Service Fund for the payment of debt service for the year 2009 to the City
of Fort Collins for the 2008A Taxable Subordinate Tax Increment Revenue Bonds.
13. Items Relating to a Volunteer Handicap Parking, Enforcement Program.
A. First Reading of Ordinance No. 008, 2009, Relating to Changes in the City of Port
Collins Traffic Code to Implement a Volunteer Handicap Parking Enforcement
Program (the "Program").
B. First Reading of Ordinance No. 009, 2009, Appropriating Prior Year Reserves in the
Transportation Services Fund for the Volunteer Handicap Parking Enforcement
Program
Under the current traffic code, citations for handicap parking space violations may only be
written by a police officer or parking services officer who personally observes the violation
and citations for handicap parking space violations cannot be delivered by mail. The changes
proposed in Ordinance No. 008, 2009, will allow citizen volunteers to observe violations of
handicap parking spaces, and provide evidence of the violation to a Parking Services
enforcement officer. The officer will confirm vehicle ownership information with the
Department of Motor Vehicles and issue a citation by mail to the owner of the offending
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January 20, 2009
vehicle. In Colorado, vehicle owners are prima facie responsible for parking citations,
regardless of who was driving the vehicle. Ordinance No. 009, 2009, appropriates the funds
to implement the Program.
14. First Reading of Ordinance No. 010, 2009, Amending Ordinance No. 058, 2007, Which
Amended the Zoning May of the City of Fort Collins by Changing the Zoning Classification
for that Certain Property Known as the Rigden Farm Tract A Rezoning
An error was made in Ordinance No. 058, 2007. Section 2 of that Ordinance stated that the
property should not be included in the Residential Neighborhood Sign District. Section 2
should have read that the property was to be included in the Residential Neighborhood Sign
District. This Ordinance will correct that error.
15. Resolution 2009-004 Authorizing a Revocable Permit to Don Kehn Construction, Inc. for
the Completion of Mining Reclamation Activities on Arapaho Bend Natural Area.
Arapaho Bend Natural Area was purchased on January 20, 1995. Prior to City ownership
of the Arapaho Bend Natural Area, Kehn operated a sand and gravel mine on a portion of the
property under a permit issued by the Colorado Division of Reclamation, Mining and Safety
(CDRMS). Mining was completed prior to the City's purchase; however reclamation of the
mined area is not complete as required by the CDRMS. Approval of a revocable permit for
up to five years gives Kehn access to 6.183 acres of the property to complete the required
reclamation activities, which includes the backfilling of approximately one-half acre of
gravel pond and revegetation of the site.
16. Resolution 2009-005 Making Findings of Fact and Conclusions Pertaining to the Appeal of
the Water Board's August 28, 2008 Denial of the Floodplain Variance for a School in the
Poudre River 500-year Floodplain.
On September 30, 2008, an amended Notice of Appeal was filed seeking to overturn the
August 28, 2008 decision of the Water Board denying a floodplain variance for a school in
the Poudre River 500-year Floodplain at 720-750 East Vine Drive.
On January 6, 2009, City Council voted to remand the variance request back to the Water
Board for further consideration. In order to complete the record regarding this appeal, the
Council should adopt a Resolution making findings of fact and finalizing its decision on the
appeal.
17. Resolution 2009-006 Approving the Execution of an Agreement to Modify and Amend an
Intergovernmental Agreement Concerning the Implementation of an "E911" Emergency
Telephone Service.
The City of Fort Collins is a party to an Intergovernmental Agreement ("IGA") dated
November 14, 1990, which established a separate legal entity called the Latimer Emergency
Telephone Authority ("LETA"). LETA is responsible for administering the operation of the
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emergency telephone service program (911) and defining the manner in which each of the
parties will participate in the authority. On June 4, 2008, the LETA Board of Directors
approved an agreement to modify and amend the original IGA. This Resolution approves
the execution of the Agreement.
18. Resolution 2009-007 Updating the List of Names for Arterial and Collector Streets.
Section 24-91 of the City Code requires that all new arterials and collectors be named from
the official list of street names approved by the City Council. The list is adopted by the City
Council and names can be added only by resolution of the City Council. This Resolution
represents an update to the official list of eligible street names in order to add four new
names and delete three names that have been selected since the last update in February of
2006. This is not a request to name or rename a specific street. This action represents a
clean-up of the official list in order to keep name selection opportunities as current as
possible.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
Second Reading of Ordinance No. 001, 2009, Appropriating Unanticipated Grant Revenue
in the General Fund for the Police Services Victim Services Team.
Second Reading of Ordinance No. 002, 2009, Appropriating Proceeds from the Issuance of
City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding
Bonds, Series 2009, Scheduled to be Sold the Week of January 20, 2009, In the Maximum
Aggregate Principal Amount of $34,000,000 in the Wastewater Utility Fund.
9. Second Reading of Ordinance No. 003, 2009, Amending Section 2-428 of the City Code
Expanding the Functions of the Transportation Board to Include the Establishment of a
"Bicycle Advisory Committee."
23. Second Reading of Ordinance No. 004, 2009, Adopting the 2009 Classified Employees' Pay
Plan.
Ordinances on First Reading were read by title by City Clerk Krajicek.
10. First Reading of Ordinance No. 005, 2009, Appropriating Unanticipated Grant Revenue in
the General Fund for the Natural Resources Radon Program and Authorizing the Transfer
of Matching Funds.
11. First Reading of Ordinance No. 006, 2009, Appropriating Unanticipated Grant Revenue in
the General Fund for Continuation of the Restorative Justice RESTORE Program.
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January 20, 2009
12. First Reading of Ordinance No. 007, 2009, Appropriating Revenue in the Downtown
Development Authority Debt Service Fund for Payment of Debt Service on Bond Series
2008A for the Year 2009.
13. A. First Reading of Ordinance No. 008, 2009, Relating to Changes in the City of Fort
Collins Traffic Code to Implement a Volunteer Handicap Parking Enforcement
Program (the "Program").
B. First Reading of Ordinance No. 009, 2009, Appropriating Prior Year Reserves in the
Transportation Services Fund for the Volunteer Handicap Parking Enforcement
Program.
14. First Reading of Ordinance No. 010, 2009, Amending Ordinance No. 058, 2007, Which
Amended the Zoning Map of the City of Fort Collins by Changing the Zoning Classification
for that Certain Property Known as the Rigden Farm Tract A Rezoning.
22. A. First Reading of Ordinance No. 011, 2009, Approving an Intergovernmental
Agreement Between Timnath and Fort Collins Regarding Growth Management Areas
and Associated Issues Authorizing Disposition of Property as Provided Therein.
B. First Reading of Ordinance No. 012, 2009, Appropriating $1.2 Million in Prior Year
Reserves in the Stormwater Fund and Self -Insurance Fund and Irrevocably Pledging
an Additional $800,000 in Undesignated Reserves to be Contributed to the Town of
Timnath, Colorado for Improvements to the Boxelder Overflow Project.
Councilmember Roy made a motion, seconded by Councilmember Manvel to adopt and approve all
items not withdrawn from the Consent Calendar. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
Consent Calendar Follow-up
Councilmember Roy thanked Vivian Armendariz and Susan Williams for their involvement and
input into Item # 13 Items Relating to a Volunteer Handicap Parking Enforcement Program.
Staff Reports
City Manager Atteberry stated a large power outage occurred earlier in the day that affected about
10,000 customers and Platte River is investigating the disruption of service. He noted the December
sales tax numbers were up 1/2% from December 2007.
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Items Relating to an Intergovernmental Agreement Between
the City of Fort Collins and the Town of Timnath, Adopted on First Reading
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
If the IGA is approved by both Fort Collins and Timnath, Fort Collins would contribute up to
$2, 000, 000from the Utilities Storm water fund and other sources for improvements to the Boxelder
Overflow Project. In addition, Fort Collins would receive approximately $1,500,000 if Timnath
elects to acquire the Vangbo property from the Natural Areas fund Various indirect impacts also
would occur. Various indirect impacts also would occur due to the fact that certain properties
currently within the Fort Collins GMA east of I-25 would become part of the Timnath GMA under
the Agreement and those properties would therefore not become part of Fort Collins'tax base.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 011, 2009, Approving an Intergovernmental Agreement
Between Timnath and Fort Collins Regarding Growth Management Areas and Associated
Issues Authorizing Disposition of Property as Provided Therein.
B. First Reading of Ordinance No. 012, 2009, Appropriating $1.2 Million in Prior Year
Reserves in the Stormwater Fund and Self -Insurance Fund and Irrevocably Pledging an
Additional $800, 000 in Undesignated Reserves to be Contributed to the Town of Timnath,
Colorado for Improvements to the Boxelder Overflow Project.
Fort Collins and Timnath have negotiated a proposed intergovernmental agreement (IGA) to resolve
certain differences that have arisen between them regarding a variety of planning and growth
management issues. The IGA is intended to firmly establish the Growth Management Areas (GMA)
for each municipality. In addition, the IGA authorizes the conveyance ofan easement on Arapahoe
Bend Natural Area for a portion of the Boxelder Overflow Project, and the potential sale of the
Vangbo Natural Areas property to Timnath. It also authorizes a contribution by Fort Collins to
Timnath's Boxelder Overflow Project. The IGA terminates overlapping annexations byTimnath and
Fort Collins in the vicinity of Harmony and 1-25. Furthermore, the IGA makes clear that the
Riverwalkproperty, at the southwest corner of I-25 and Harmony will stay within the Fort Collins'
GMA.
BACKGROUND
Over the last few years, Fort Collins and Timnath have had both major and minor disagreements
about their respective GMA's, community, separators, revenue sharing, flood control, and other
issues. Those issues came to a head in the fall of 2008, when Timnath began the process to annex
a property known as Riverwalk, located at the southwest corner of 1-25 and Harmony. The
Riverwalk property has been part of Fort Collins' GMA since 1980. In reaction to Timnath's
annexation process, Fort Collins' created an overlapping annexation on Harmony Road intended
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to prevent Timnath from using Harmony as a flagpole to annex the Riverwalk property, thereby
creating the opportunityfor additional Timnath annexations of properties within the Fort Collins
GMA. At the same time, on October 8 2008, Fort Collins filed an objection and request for
mediation pursuant to Section 24-32-3209(w.3)(b) of the Colorado Revised Statutes.
Fort Collins and Timnath conducted mediation sessions on December 1, 2008 and December 15,
2008. Fort Collins' interest were represented by Mayor Doug Hutchinson, Mayor Pro Tem Kelly
Ohlson, City Manager Darin Atteberry and City Attorney Steve Roy. The outcome of these successful
negotiations is the attached Intergovernmental Agreement (IGA).
The following is a summary of the most significant provisions of the IGA.
Growth Management Areas.
Generally, 1-25 will constitute the boundary between the Fort Collins and Timnath GMA's.
However, Fort Collins will retain in its GMA five properties east of I-25 that are located
near the northeast and southeast corners of the intersection of I-25 and Colorado Highway
14 (Mulberry). The Timnath GMA will be located exclusively on the east side of I-25.
Neither party will annex property within the other party's GMA, nor will either party acquire
community separators, natural areas, community parks, recreation areas or open space
within the other party's GMA without the other party's consent, except to the extent that such
acquisitions are incidental to the acquisition of property for other legitimate municipal
purposes such as rights -of -way and storm drainage facilities, in which case each party will
attempt to notify the other party of such acquisitions.
Neither party will annex the I-25 right-of-way except that Fort Collins may annex those
portions of 1-25 that are or will be bordered on both sides by property within its city limits
and except that Timnath may annex the former frontage road at the southeast corner of I-25
and Harmony Road
Neither party will amend the contiguous boundaries oftheir respective GMA's without the
written consent of the other party.
Riverwalk Annexation.
The Riverwalk Property will remain in the Fort Collins GMA.
Upon withdrawal or denial of the petition for the Riverwalk Annexation, Fort Collins and
Timnath will stipulate to the dismissal ofthe pending court action related to that annexation.
Fort Collins may then complete the annexation of Harmony Road up to the west access
ramps of 1-25, and Timnath may then annex Harmony Road up to the east access ramps of
1-25.
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Future Cooperative Efforts.
The parties will work cooperatively to study, design and plan a proposed pedestrian and
transit connection between the Riverwalk Project and the property on the opposite side of
1-25. However, no commitment has been made by either party to fund or construct the
connection.
Unless a subsequent agreement is reached with regard to revenue sharing or plan review,
neither will occur except for such review as may be required by state law or unless either
party invites such review.
Conservation Easements.
The parties will attempt to devise a mechanism for jointly managing the conservation
easements that Fort Collins presently owns on three properties in the,fulure Timnath GMA.
Option to Purchase the Vangbo Property.
During the twelve months following the execution of the agreement, Timnath will have the
option of either proposing a use for the Vangbo property that is acceptable to Fort Collins
or exercising an option to purchase the property for the amount that Fort Collins paid for
the property in 2005 plus interest at the same rate that the money used to acquire the
property would have earned if it had remained in the City's Natural Areas Fund, which rate
will be capped at four percent.
If Timnath exercises its option to purchase the Vangbo property within the next twelve
months, it will have an additional twelve months to close the transaction.
Boxelder Overflow Project.
Timnath is in the process of constructing a major storm drainage project, the cost of which is
expected to exceed $4 million. The purpose of the project is to manage overflows from Boxelder
Creek within the future Timnath GMA and the Town of Timnath and to reduce the Boxelder Creek
floodplain. Timnath contends that the need for this project is driven by two factors to which Fort
Collins has contributed over the years.
The first had to do with the construction of I-25 in the 1960's, which entailed the installation oftwo
box culverts that did not adequately handle the Boxelder Creek overflows, resulting in more ofthose
flows remaining on the east side of 1-25. In the 1980's, at Fort Collins' request, the Colorado
Department of Transportation (CDOT) installed two additional box culverts so that a greater
portion of the overflows could be transmitted west of 1-25. However, Fort Collins also requested
that those two additional culverts not be opened until Fort Collins had constructed additional storm
water facilities west of 1-25 to mitigate any damage that might be caused by those flows. Those
improvements have not been constructed. Instead, improvements to be constructed within the next
five to ten years by the recently formed Boxelder Basin Regional Stormwater Authority will contain
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those flows upstream from Timnath. In the interim, Timnath believes that it needs to construct its
project in order to more expeditiously deal with the situation.
The second way in which Timnath believes that it has been prejudiced by Fort Collins' actions with
regard to this issue is that Fort Collins adopted, in 1999, new rainfall standards that ultimately
resulted in the delineation of a broader regulatory floodplain in which development was either
restricted or could not occur. This affected Timnath when Larimer County and the Federal
Emergency Management Agency (FEMA) ultimately adopted the same rainfall standards. Timnath
believes that it was not adequately informed of, or involved in, that decision.
Given these considerations, Fort Collins has agreed to bear one-half of the cost of the Timnath
project, with its share to be capped at a maximum of $2 million. That amount would be paid over
a four-year period, with $1.2 million to be appropriated when the agreement is approved The
additional amount of $800, 000 would be irrevocably pledged far this purpose by the Council and
would be paid to Timnath at the rate of $200, 000 per year over four years. All payments would be
on a reimbursement basis.
In consideration of Fort Collins ' payments, Timnath has agreed to release any claims or causes of
action it might have against the City with regard to the Boxelder Creek stormwater and floodplain
issues. It has also agreed to not request that CDOT take any action with regard to the storm
drainage facilities under 1-25 that might result in the opening of two box culverts under 1-25 that
are currently closed, and to support Fort Collins in opposing the opening of the culverts tfa request
to open them is made to CDOT by a third parry.
In addition to making these payments, Fort Collins has agreed to grant Timnath an easement
through a portion of its Arapaho Bends Natural Area to accommodate the project. As part of the
easement agreement, Timnath will be required to minimize the size of the easements and impacts on
the natural area, and to restore the natural area to its pre -construction condition.
Finally, Fort Collins has agreed to support Timnath's FEMA application for the project and to also
support the project when it is reviewed by the Lorimer County Flood Review Board
Fort Collins'Stormwater Utility staff will be afforded an opportunity to review and comment on the
engineering cost estimates for the project. However, Timnath will retain sole control and decision -
making authority with regard to all aspects of the project.
Conclusion
Staff believes that the provisions of the 1GA equitably resolve the current disputes between the
parties and that by successfully establishing firm land -use planning boundaries, the City and
Timnath both avoid the possibility oflong-term complex, expensive, and uncertain battles over each
other's respective GMA'sand municipal boundaries. The IGA also lays the groundworkfor a long-
term working relationship between the two municipalities and offers the potential for additional
collaboration and cooperation. "
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City Manager Atteberry stated the agreement that was reached during mediation resolved some
longstanding issues with Timnath and will help with regional cooperation. The agreement addresses
issues include growth management areas, the Riverwalk project, future cooperative efforts between
Timnath and the City, conservation easements, the potential future of the Vangbo property and the
Boxelder Overflow Project.
Patrick Brady, 1025 Montview Drive, stated approval of the IGA will improve regional cooperation
and he supported adoption of the IGA. He did not support adoption of the appropriation ordinance
as those funds should be spent on promoting development within Fort Collins.
Becky Davidson, Timnath Town Manager, thanked Council for the work that has been done to
develop the IGA and will greatly improve relations between Timnath and Fort Collins.
Mayor Hutchinson noted the issues addressed in the IGA are very complex and resolving the
Boxelder Creek stormwater problems saved millions of dollars of expense for Fort Collins.
Appropriating stormwater funds for the Boxelder Overflow Project will benefit both Timnath and
Fort Collins.
City Manager Atteberry stated costs have been saved by resolving the issues with Timnath and not
continuing the disputes.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
011, 2009 on First Reading.
Councilmember Poppaw thanked the City's team for the.hard work done to create the IGA and better
relationships with Timnath.
Councilmember Troxell stated the City should be proactive in developing regional cooperation and
needs to give every proposed development along 1-25 a fair hearing.
Councilmember Manvel noted when a property owner abuts two municipalities, the owner can
choose which municipality to be annexed into, if the municipality wants the property. This problem
could arise again along I-25 where properties abut two municipality limits.
Councilmember Roy thanked the City's team and the Timnath team for the exceptional effort put
forth in reaching the agreement.
Mayor Hutchinson stated some of the issues that have been resolved with the agreement date back
to the construction of I-25 and resolving the issues is a great accomplishment for both communities.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
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Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
012, 2009 on First Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays:
none.
THE MOTION CARRIED.
City Manager Atteberry noted Jay Stoner, developer of the Riverwalk Project, will request a pre -
application hearing at the first possible date.
Ordinance No. 004, 2009,
Adopting the 2009 Classified Employees' Pay Plan, Adopted on Second Reading
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
Ordinance No. 004, 2009, adopted on First Reading on January 13, 2009 by a vote of 4-2 (Nays:
Poppaw, Troxell), adopts the 2009 classified employees' pay plan. The 2009 Pay Plan establishes
a structure for employee compensation. It is the framework that sets the minimum and maximum
payfor Citypositions. Fundingfor the 2009 Classified Employees' Pay Plan is included in the 2009
Adopted City Budget, as amended. "
Amy Sharkey, Compensation and Benefits Manager, stated the 2009 Pay Plan sets the pay ranges
for employees. The minimum is the lowest an employee will be paid for the job in a particular pay
range and the maximum is the highest an employee will be paid for a job in a particular pay range.
It is a guideline to implement pay increases that are approved by Council through the Personal
Services budget. The pay increase that employees receive will be based on the 2008 performance
evaluation. A performance -based pay plan was introduced in 2008 and within the plan is a rating
scale that employees are rated against. Any employee that falls in the "below City standards' rating
category will not receive a pay increase in 2009. The pay increases are based on the employee's
performance and where the employee's pay falls in relation to the market.
Councilmember Troxell noted a 4% increase, on average, was added to the ordinance on First
Reading. He expressed concern that 300 City employees are below the average actual of their peers
and he asked if any of those employees who are paid well below their average market would receive
a pay increase that will bring them to the average of their pay range. City Manager Atteberry stated
the employees who are below the range and earn a "2" or "3" rating will be brought to at least the
minimum of their range. Some positions are below "average market" which makes them difficult
to fill. Those positions will be ranked as premium positions and efforts will be made to bring them
up to market average in order to attractive viable candidates to the positions. A 4% budget will not
allow the City to fully implement pay for performance and market adjustments.
City Attorney Roy stated new language has been added to the Ordinance for Second Reading. The
language in Section 3 will be replaced with the following language: "that the City Manager shall fix
the compensation levels of all classified employees within the pay levels established in the Plan
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except to the extent that the City Manager determines, due to performance or other extraordinary
circumstances, that the pay level of a particular employee should remain below the minimum or be
fixed above the maximum for that employee's job title."
Councilmember Manvel noted the new language gives the City Manager some flexibility within the
Pay Plan to address extraordinary inequities.
Mayor Hutchinson stated many City employees are behind the market average as a result of pay
freezes several years ago. The new language in the Ordinance will allow the City Manager to follow
the pay ranges and also make exceptions to the Plan in order to bring some of the job positions that
are paid below market.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
004, 2009 on Second Reading, as amended.
Councilmember Poppaw stated greater caution is needed in these hard economic times and
approving a 4% raise is not a prudent decision.
Councilmember Troxell stated the fact that 300 employees are paid well below the average market
needs to be addressed. Fiscal responsibility is important and if the City does experience fiscal
difficulties and budget cuts need to be made, priorities must be set to determine what areas or
programs are not performing along with the positions that belong to that area.
Mayor Hutchinson stated the Pay Plan will enable the City to implement pay for performance but
does recognize the uncertainties of the present economic situation. Council did not approve the 5.4%
requested by the City Manager to implement pay for performance and bring all employees who are
below their market average at least to the minimum of their range but has approved the 4% increase
that is already included in the 2009 budget and will fund pay for performance.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Roy and Troxell. Nays:
Poppaw.
THE MOTION CARRIED
Resolution 2009-006
Approving the Execution of an Agreement to Modify and
Amend an Intergovernmental Agreement Concerning the Implementation
of an "E911" Emergency Telephone Service, Adopted
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
The Cityof Fort Collins is a party to an Intergovernmental Agreement (" IGA') dated November 14,
1990, which established a separate legal entity called the Larimer Emergency Telephone Authority
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January 20, 2009
('ZETA'). LETA is responsible for administering the operation ofthe emergency telephone service
program (911) and defining the manner in which each ofthe parties will participate in the authority.
On June 4, 2008, the LETA Board of Directors approved an agreement to modify and amend the
original IGA. This Resolution approves the execution of the Agreement.
BACKGROUND
On June 4, 2008, the LETA Board of Directors approved an agreement to modem and amend the
original IGA. The proposed modification includes the following:
1. LETA will continue to be governed by a seven (7) member Board of Directors, including one
representative each from Larimer County, the City of Fort Collins, City of Loveland, the
hospital districts of Larimer County, the fire protection districts of Larimer County and two
(2) members representing the towns of Berthoud, Estes Park Johnstown, Timnath,
Wellington, Windsor and Colorado State University. The City Council of Fort Collins shall
appoint the Fort Collins representative and the City Council of Loveland. shall appoint the
Loveland Representative. The BoardofCounty Commissioners shall continue to appoint the
Lorimer County representative as well as the fire and hospital district representatives and
the small town representatives, upon nomination by the LETA Board of Directors after
consultation with the towns, the districts and Colorado State University. Term ofservice on
the LETA Board shall remain at two (2) years but the existing term limit provisions have
been removed, allowing board members to serve multiple and consecutive terms.
2. LETA's powers shall essentially remain the .same, but those powers are more clearly
enumerated. The most significant change in this regard is the delegation to the LETA Board
of Directors of the power to establish the annual surcharge to be collected on hardwire and
wirelessphones in Larimer County. Presently, the County Commissioners andthe governing
bodies of the cities and towns have been asked to approve this surcharge. Even though the
LETA surcharge which began at $ .50 in 1990 and has not been changed since its reduction
to S .45 in 1995, the process of having all of the governing bodies annually approve the
surcharge has been cumbersome and time consuming. Having the LETA Board set the
surcharge should be much more efficient. It is important to note that all the members of the
LETA Board remain directly responsible to the constituencies which they represent. In other
words, while their respective governing bodies may no longer be voting on the surcharge,
they retain control over their appointed representatives on the LETA Board.
3. The approval of three-quarters of the signatories replaces the one hundred percent (100%)
requirement of the existing IGA. This includes termination of the Authority by mutual
agreement, future amendments to the IGA and the assignment and delegation of rights and
duties under the IGA.
4. The new IGA clarifies that the LETA Board of Directors and LETA officers and employees
are afforded the benefits of Colorado law with regard to governmental immunity. "
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City Attorney Roy stated two changes have been made to the resolution. The first bullet has been
deleted and two bullets have been added to the second Whereas clause so it now reads: "...recognize
Colorado State University as having the same status as the towns that are signatories to the E911
Agreement for the purposes of representation on the LETA Board;" and "eliminate the current
requirement that the E911 surcharge be annually approved by Latimer County and the cities and
towns that are signatories and instead authorize the LETA Board of Directors to approve the amount
of the surcharge within the statutory limitations."
Councilmember Ohlson asked why the LETA Board, which is an appointed Board, should be
allowed to approve the amount of the surcharge without approval from participating municipalities.
The Board is not elected and is not held accountable to the citizens. City Manager Atteberry stated
the City has had representation on the LETA Board since it began and the only time Council hears
from LETA is when it is seeking a rate increase. Justin Smith, Latimer County representative and
LETA Board Chairperson, stated LETA is composed of 25 different entities, including all cities and
towns in Latimer County, fire districts, hospital districts and Larimer County itself. It provides an
annual report to Council and establishes the surcharge on all telephone devices to provide the
emergency service. It is difficult for the Board to determine the amount of surcharge needed to
provide adequate 911 service and then take the proposed surcharge to all the governing bodies in a
timely fashion to be approved and put into place for collection of the fees. This LETA Board is the
only one out of 67 boards in the state of Colorado that is required to gain approval of fees from the
participating entities. Allowing the Board the ability to set the fee will enable it to respond quickly
to changes that can arise. LETA has consistently lowered its surcharge over the years and does not
anticipate raising its fees in the near future. It takes about 6 months to go through the fee process
just to keep the fee the same rate. Council appoints a representative to the LETA Board that answers
to Council which provides a measure of control.
Councilmember Roy asked how many Board members were on the LETA Board and why the
requirement was being changed from 100% to 75% of approval from the signatories. Smith stated
the Board has 25 members. LETA carries a risk if any one player does not respond or chooses to go
a different direction and puts the Authority at risk. I l of the members are fire authorities which are
volunteer groups who only meet once a month or once a quarter and it is difficult to get a response
from them on a time -sensitive basis. Changing the approval percentage from 100°% to 75% will
increase the ability of the Board to function in a more timely fashion.
Councilmember Roy asked if Boardmembers will be allowed to serve multiple terms with the
removal of the two term limit. Smith stated LETA contains much technical material and it can take
2-3 years for a Boardmember to learn what the Authority does and to provide good representation.
Allowing more terms will provide greater continuity and better decision making. Each entity has
the ability to remove its representative if the representative does not perform.
Councilmember Roy asked what new technologies will be implemented to provide 911 coverage for
areas in'the County that currently do not receive that service. Smith stated difficulties in
communication are located primarily in the northwest part of the County and a transition is underway
to convert to a better radio system, but that change does not involve using LETA funds.
[t?ER
January 20, 2009
Councilmember Troxell stated his concern that a possible conflict might exist for him because the
revised resolution adds CSU to the E911 Agreement and he works for CSU. He did not believe he
was materially impacted by the addition of CSU. He asked why CSU was inserted into the
resolution. City Attorney Roy stated Councilmember Manvel had requested a "Whereas" clause to
call attention to the addition of CSU and the change in the method of approving the surcharge, which
led to the changes made to the resolution. The change in the status of CSU does not create a conflict
of interest for Councilmember Troxell because no substantial benefit or detriment will occur as a
result of this action.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Resolution
2009-006, as amended.
Councilmember Manvel stated his concern with eliminating the requirement that each entity approve
the surcharge set by the LETA Board but there are statutory limitations in place that provide a check
on any increase in the fee that might be approved.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none. ("Secretary's note: Troxell abstained, which, by Charter, counts as a vote
in the affirmative.)
THE MOTION CARRIED.
Adiournment
Councilmember Ohlson made a motion, seconded by Councilmember Roy, to adjourn the meeting
to 6:00 p.m., January 27, 2009 so Council can consider conducting additional business, including
a possible executive session. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays:.
none.
THE MOTION CARRIED.
The meeting adjourned at 8:00 p.m.
t
Mayor
ATTEST:
ASIS
W!.; - -
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