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HomeMy WebLinkAboutMINUTES-06/19/2007-RegularJune 19, 2007 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, June 19, 2007, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy, and Troxell. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Don Sheridan, 2600 Dumire Court, President of the Communication Workers of America Local 7707, asked Council to recognize the Communications Workers of America as the exclusive bargaining representative of the Utility Services classified, non-exempt employees. Eric Sutherland, 631 LaPorte Avenue, urged Council to consider policies that reduce dependence on fossil fuels and lower the amount of greenhouse gases produced. He suggested solutions such as carbon taxing, greater funding for producing renewable energy sources and improving conservation and reducing the amount of energy consumed. George Culpepper, 2401 West Stuart Street, Director of Government Affairs, Fort Collins Board of Realtors, spoke about the many charitable causes members of the Board of Realtors have supported that improve and help the community. Al Bacilli, 520 Galaxy Court, spoke about his concern with vendor fees. Joe Kissell, 913 West Oak Street, urged Council to consider a resolution calling for the withdrawal of U.S. troops from Iraq. Cheryl Distaso, 135 South Sunset Street, asked Council to consider a resolution calling for the withdrawal of U.S. troops from Iraq. Susan Williams, 400 Impala Drive, asked Council to set specific criteria for future Dial -A -Ride certification. Ben Schrader, 928 Pioneer Avenue, stated Council should consider a resolution that supports the immediate withdrawal of troops from Iraq as the war affects the economy locally and was a local issue. Marla Swanson, 824 Mathews, asked Council to adopt a resolution calling for withdrawal of troops from Iraq. 76 Vivian Armendariz, 870 Merganser Drive, asked Council to support a Veteran's Park as a tribute to veterans for their sacrifice. Nancy York, 130 South Whedbee, urged Council to support a resolution calling for the removal of U.S. troops from Iraq as that would be a tribute to veterans. David May, 225 South Meldrum, Chamber ofCommerce President, stated vendor fees were returned to vendors for collecting taxes for the City. A part of the vendor fee is used for the Economic Development Program for the City. No funds are provided to the Chamber of Commerce from the City. Citizen Participation Follow-up Mayor Hutchinson stated the City Manager has been speaking with Council about unionization of City employees. City Manager Atteberry stated he had met with the entire Utility Services staff in the past two weeks to gather information about employee concerns about pay, benefit changes, pay for performance, and pay freezes and how the City could address those concerns. He did not agree there was a need for a bargaining unit as the City and Council were planning to address those employee concerns in the 2008-2009 budget. He has been working with Human Resources to form an Employee Advisory Committee to give employees an increased level of input into benefits and other changes. As employees are asked to contribute more for benefits, then they should have a say in what the coverage looks like. He did not support collective bargaining. Councilmember Ohlson asked for a report on the Dial -A -Ride certification process and to review the policies for recertification at a work session. Agenda Review City Manager Atteberry stated there were no changes to the Agenda. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the March 6.2007 March 20 2007 April 17 2007 May 1 2007 and May 15 2007 Regular Meetings and the Special Meeting of April 10 2007. Second Reading of Ordinance No 077, 2007 Authorizing the Appropriation of Funds for the Fort Collins -Loveland Municipal AiMort for Additional Capital and Operating Expenses This Ordinance, unanimously adopted on First Reading on June 5, 2007, appropriates the City's 1/2 share of the grant proceeds from the State of Colorado Division of Aeronautics ($125,000); reimbursement funds from tenants ofthe Airport Industrial Park ($155,000); and Fort Collins -Loveland Airport prior year reserves ($16,055), to be used for additional capital and operating expenditures that were not included in the Airport's 2007 Budget. 77 8. Second Reading of Ordinance No. 078, 2007, Amending the City of Fort Collins Land Use Code To Implement Transit Oriented Development This Ordinance, unanimously adopted on First Reading on June 5, 2007, adds Transit Oriented Development (T.O.D.) to the Land Use Code for a geographic specific area defined primarily as the Commercial zone south of Prospect Road. Staff has identified T.O.D. as a development pattern that supports compact urban growth, infill and re -development and multi -modal transportation. Key standards address land use, density, height and compatibility. 9. First Reading of Ordinance No. 079, 2007, Appropriating Proceeds from the Issuance ofCity of Fort Collins_ Colorado, Stormwater Utility Enternrise Storm Drainage Revenue Refunding Bonds, Series 2007, in the Maximum Aggregate Principal Amount of $21,820,000, in the Stormwater Utility Fund. The Board of the Stormwater Utility Enterprise will be considering at its next meeting, which is scheduled to take place after the regular June 19, 2007, Council meeting, Ordinance No. 008 of the Board of the Stormwater Utility Enterprise, which authorizes the issuance of City ofFort Collins Colorado, Stormwater Utility Enterprise, Storm Drainage Revenue Refunding Bonds, Series 2007, in the Maximum Aggregate Principal Amount of $21,820,000. The Bonds will be issued to refund, pay and discharge all or a portion of the outstanding Storm Drainage Revenue Refunding Bonds and Improvement Bonds, Series 1997, and a portion of the outstanding Storm Drainage Revenue Bonds, Series 1999. The City will be paying off higher cost bonds with new bonds that will have lower interest rates. The passage of Amendment 1 (the TABOR Amendment) by the Colorado voters in 1992, required the City to form enterprises in order for its utilities to be able to issue municipal bonds without an election. Since that time, all utility bonds have been issued by the appropriate utility enterprise. However, the City Charter grants only the Council the power to appropriate the funds. Therefore, this action by the Council is necessary in order to appropriate the bond proceeds for the Stormwater Utility. Authorizing the issuance of the bonds and appropriating the proceeds are both necessary to complete the bond transaction. 10. First Reading of Ordinance No. 080, 2007, Amending Section 2-671 of the City Code Pertaining to Emergency Management Provisions. The Colorado state agency responsible for emergency management was formally known as the "State Division of Disaster Emergency Services" and was so identified in City Code Sec. 2-671. It is currently named "Colorado Division of Emergency Management'. The recommended amendment provides a general term for the state agency that will allow for any future reorganization and renaming of the State office so that the Code need not be amended each time the State makes changes. 11. First Reading of Ordinance No. 081, 2007, Making Various Amendments to the Land Use Code. Staff has identified a variety of proposed changes, additions and clarifications in the Spring f .] 2007 biannual update of the Land Use Code. Items relating to Transit Oriented Development have been separated from this Ordinance and are being considered individually due to the time -sensitivity relating to procurement of a Federal grant. 12. Resolution 2007-058 Reappointing Gordon F. Esplin as Temporary Judge and Authorizing the Execution of an Employment Agreement. Council originally appointed Gordon F. Esplin as Temporary Judge (Assistant Municipal Judge) in 1989, and has reappointed him every two years thereafter. His current appointment terminates on June 30, 2007. Municipal Judge Kathleen M. Lane recommends that Mr. Esplin be reappointed for another two-year term. Mr. Esplin is currently paid $85 per hour for his services. That rate is well below the going rate for legal fees in Fort Collins and is at or below the amount paid to other Assistant Municipal Judges in Colorado who serve only occasionally. However, due to budgetary constraints, staff is not recommending an increase in the compensation paid to Mr. Esplin at this time. Mr. Esplin has agreed to continue in this position at the current pay rate. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. Second Reading of Ordinance No. 077, 2007, Authorizing the Appropriation of Funds for the Fort Collins -Loveland Municipal Airport for Additional Capital and Operating Expenses. 8. Second Reading of Ordinance No. 078, 2007, Amending the City of Fort Collins Land Use Code To Implement Transit Oriented Development. Ordinances on First Reading were read by title by City Clerk Krajicek. 9. First Reading of Ordinance No. 079, 2007, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Stormwater Utility Enterprise, Storm Drainage Revenue Refunding Bonds, Series 2007, in the Maximum Aggregate Principal Amount of $21,820,000, in the Stormwater Utility Fund. 10. First Reading of Ordinance No. 080, 2007, Amending Section 2-671 of the City Code Pertaining to Emergency Management Provisions. 11. First Reading of Ordinance No. 081, 2007, Making Various Amendments to the Land Use Code. Councilmember Troxell made amotion, seconded by Councilmember Manvel, to adopt and approve all items on the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: None. THE MOTION CARRIED. 79 June 19, 2007 Councilmember Reports Councilmember Ohlson stated the Committee for Public Safety met to examine police staffing levels. A consultant has been hired to work with the Committee to determine the appropriate staffing levels that are needed and wanted by the City. A team of citizens will also work with the consultant and Councilmembers Ohlson and Poppaw. Regional Transportation Authority (RTA). The following is staff s memorandum on this item. "EXECUTIVE SUMMARY The purpose of this item is for Council to formally decide whether to participate in further discussions and negotiations on the proposed Regional Transportation Authority (RTA) and in preparation of a draft agreement to be presented to voters within the RTA boundaries. A citizens steering committee has developed a proposed package to be presented to regional voters in November, 2007. Fort Collins participated in a regional partnership roundtable meeting on May 30 at the Lorimer County Events Center. The steering committeeproposalwaspresentedand comments andfeedback were solicited from participating municipalities and counties. Fort Collins chose not to take a formal position at this meeting as Council had yet to discuss the issue. The steering committee proposal and a minority opinion proposal were then brought before the City Council on June 5 for discussion. Following Council discussion at the work session, the majority indicated they did not want to pursue further participation in the RTA at this time. This item will allow for additional Council discussion, public input and a formal motion and vote as to whether the City should continue participating in the RTA discussions at the present time. " Mayor Hutchinson stated the purpose of this discussion was to allow Council to formally decide whether to participate in further discussions and negotiations on the proposed Regional Transportation Authority and the preparation of the draft agreement to be presented to voters within the RTA boundaries. The initial draft RTA proposals and projects will be negotiated and changed until August so there is no final agreement to examine. This discussion was not to focus directly on the merits of the RTA, but whether Council will participate in further discussions and negotiations on the RTA through August. Tim Johnson, 1337 Stonehenge Drive, opposed further Council participation in the RTA process. George Culpepper, 2401 West Stuart Street, Director of Government Affairs, Fort Collins Board of Realtors, supported continued participation by the Council in the RTA process and allowing Fort Collins citizens to vote on the issue. June 19, 2007 Roger Bailey, 5321 Country Squire Way, supported continued participation by the Council in the RTA process to work towards regional transportation solutions. Karen Weitkunat, 3009 Phoenix Drive, supported continued participation by the Council in the RTA process. Ed Meek, 2627 Pasquinel Drive, challenged the make-up of the RTA Steering Committe and stated the Committee was not diverse enough to represent a broad spectrum of citizens and opposed further Council participation in the RTA process. Toni Lueck, 2400 North Taft Hill Road, stated regional transportation issues needed to be addressed and supported continued participation by the Council in the RTA process. Michael Bello, 2309 Sunstone Drive, urged Council to continue participating in the RTA process and allow citizens to vote on the issue. John Gless, 311 Whedbee Street, opposed further Council participation by the Council in the RTA process as the time frame was too short to correct the flaws in the proposal. The proposal did not establish a "level playing field" for development fees throughout the region. Pam Brock, 3056 Barn Swallow Circle, on behalf of the Poudre Valley Health Systems, read a letter from Rulon Stacy, CEO of PVHS, which supported continued participation by the Council in the RTA process. Todd Gilcrest, 6945 Barbuda Drive, stated Council should continue to participate in the RTA process and allow the citizens to vote on the issue. Jill Glaser, 2631 Silver Creek Drive, supported continued participation by the Council in the RTA process. Blue Hovatter, Fort Collins resident, opposed continued participation by the Council in the RTA process and urged Council to become the leader in a new RTA discussion. John Montgomery, 520 North Sherwood, opposed continued participation by the Council in the RTA process in its present form as it did not meet the needs of Fort Collins. Sean Dougherty, 2616 Terry Lake Road, realtor and North College small business owner, supported continued participation by the Council in the RTA process to allow citizens an opportunity to receive more information. Adam Bowen, 415 South Washington Avenue, stated the current RTA plan was too heavy on roads and too little for public transportation and opposed continued participation by the Council in the RTA process. m June 19, 2007 Allen Ginsborg, 5700 Hearthstone, stated the City needed to continue its role as a leader in the region and supported continued participation by the Council in the RTA process and allowing the voters to decide the final outcome. Ron Lautzenheiser, North College business owner, supported continued participation by the Council in the RTA process and urged Council to allow voters to decide the issue. Ann Hutchison, 402 Riddle Drive, Chamber of Commerce Executive Vice President, supported continued participation by the Council in the RTA process as it provides a regional solution to a regional issue. Eleanor Dwight, 907 Sailers Reef, opposed continued participation by the Council in the RTA process. Kevin Westhuis, 2944 Telluride Court, stated the ramifications of not participating in the RTA process would negatively affect the community for many years and he supported continued participation by the Council in the RTA process. Jenny Merrill, Fort Collins resident, urged Council to make public transit a major piece in any discussion of the RTA. The current RTA proposal did not include a fair amount ofpublic transit and she opposed continued participation by the Council in the RTA process. Vivian Armendariz, 870 Merganser Drive, supported the idea of the RTA proposal that greatly supported public transit and not interchanges and roads. Josh Guernsey, 926 Akin Avenue, supported continued participation by the Council in the RTA process. Nick Tompkins, 635 1 /2 South Whitcomb, supported continued participation by the Council in the RTA process and urged Council to work cooperatively to resolve flaws in the current proposal. Mary Rudolph, 5151 Boardwalk Drive, stated voting was an important right and she requested Council to continue participating in the RTA process and allow the citizens to vote on the issue. Sandy Lanburg, 6851 Poudre Canyon, stated there were two RTA proposals and neither one seemed to be supported by a majority of the RTA Committee. Eric Levine, 514 North Shields, opposed continued participation by the Council in the RTA process as the current proposal reflects old-style thinking and does not address the causes of the current transportation problems. Tom Griggs, 520 North Sherwood Street, stated since Council was evenly divided on the RTA proposal, there was a difference in philosophy that needed to be addressed. Fort Collins should stay a leader in discussing all public transportation needs and think in regional terms. F-W June 19, 2007 Ruth Davies, 2309 Silver Oaks Drive, opposed continued participation by the Council in the RTA process and disagreed with the road projects, tax increase and composition ofthe steering committee. Sharie Grant, 1455 Freedom Lane, Chairperson of the Chamber of Commerce Board of Directors, supported continued participation by the Council in the RTA process. Christiana Nelson, Fort Collins resident, supported continued participation by the Council in the RTA process and asked that the citizens be allowed to vote on the issue. Gina Janett, 730 West Oak Street, stated the primary responsibility of Council is to determine what is best for the citizens of Fort Collins and not the region and stated the RTA was not a good plan. She opposed continued participation by the Council in the RTA process as it is a process dominated by special interests from the real estate and development community. John Gascoyne, 718 West Mountain Avenue, opposed continued participation by the Council in the RTA process and did not want to subsidize rampant growth. Robert Hau, 2803 East HannonyRoad, supported continued participation bythe Council in the RTA process as the region has grown and transportation infrastructure improvements are needed for both Fort Collins and the region. Ward Luthi, 520 North Sherwood, stated there is a transportation and urban design problem but the RTA as it currently is proposed was not the answer and he opposed continued participation by the Council in the RTA process. He requested participation in a process that emphasized public transit. York, 2001 Creekwood Drive, opposed continued participation by the Council in the RTA process. Michelle Jacobs, Steering Committee member and resident of Northern Colorado, supported the RTA effort to create a legal authority that collects additional sales and use tax dollars to improve roadways. She stated currently there are 13 governmental entities involved in the Metropolitan Planning Organization of which 12 currently collect transportation impact fees. Development does pay its way. Impact fees have been collected only in the past 10-15 years and there is a deficit as those fees were not collected previously. John Knezovich, 1205 Green Street, Steering Committee member, stated regional transportation issues have been studied for the past five years and the process was at a critical point where good decisions can be made regarding regional transportation. If Fort Collins participates in the RTA, there will be $265 million raised from taxes and the City will benefit with $263 million in road and transit projects or in City share -back. Richard Gutkowski, 1425 Hillside Drive, supported continued participation by the Council in the RTA process. Came Gillis, 8020 Park Hill Drive, support continued participation by the Council in the RTA m June 19, 2007 process as Fort Collins is a leader in the region and needs to continue in the process to remain a leader. Clint Skutchan, 719 Great Plains Court, Steering Committee member, supported continued participation by the Council in the RTA process and urged Council to allow citizens to vote on the issue. Eric Kronwell, 1119 Monticello Court, supported continued participation by the Council in the RTA process and urged Council to allow citizens to vote on the issue. Cheryl Distaso, 135 Sunset, opposed continued participation by the Council in the RTA process as the plan does not contain enough emphasis on public transit. Doug Brobst, 1625 Independence Road, opposed continued participation by the Council in the RTA process as it did not provide adequate support for mass transit. Nancy York, 130 South Whedbee, stated there was a need for regional transportation plan, but not this plan. She opposed continued participation by the Council in the RTA process. Ray Martinez, 4121 Stoneridge Court, urged Council to allow citizens to vote on the RTA issue. David May, 225 South Meldrum, Chamber of Commerce President, stated the RTA process is ongoing and needs to continue with Fort Collins participating in the discussions. Improving road access will benefit the community economically. The proposal puts in place a regional transit that is currently not in existence. Warren Snyder, 1630 Collindale Drive, stated the RTA was not a sustainable approach to regional transportation and opposed continued participation by the Council in the RTA process. ("Secretary's Note: The Council took a brief recess at this point in the meeting.) City Manager Atteberry stated the issue raised during citizen participation concerning the difficulty some citizens had with sending a -mails to the Mayor was due to the City's spam-filtering program. The City receives over 150,000 spam a -mails each day and in order to limit those, the filtering program limits certain addresses. The City Manager's Office did receive three reams of faxed form letters regarding the RTA issue and contacted the group responsible and asked for a list of names on the form letters to be most efficient in providing the total information to Council. There was no intent to deny access to Council. Councilmember Roy asked what was the process for a citizen to contact Council in the event an e- mail could not be sent. City Manager Atteber y stated citizens should contact the City Manager's Office and the information would be provided to the IT Department, which would allow access. M June 19. 2007 Mayor Hutchinson stated the spam-filtering program was necessary to allow staff and Council to conduct business. Councilmember Brown made a motion, seconded by Councilmember Troxell, for Council to continue to participate in the ongoing intergovernmental discussions about a possible Regional Transportation Authority for Northern Colorado and authorize Councilmembers Manvel and Troxell to work with the City Manager and City Attorney to negotiate and help draft a proposed intergovernmental agreement for such an Authority and present that proposed agreement to Council for formal consideration no later than August 2007. Councilmember Roy stated his decision on this issue had not changed since the work session and he could not support the motion. There were too many uncertainties with the plan. Mayor Hutchinson stated the discussion on the RTA at the work session on June 5th was to give direction to the staff and to learn about the issue, but Council does not vote on issues at a work session and there is no public input at a work session. There was a decision made at the work session not to proceed but making that decision without public input and without a formal vote was not proper, so the issue was before Council for formal action. Councilmember Manvel stated it was important to allow the public an opportunity to comment on this issue. It was important to work on regional transportation problems and to be a leader in the region. At the work session, Council had decided the current RTA proposal was not one it could support. Council needed to be in agreement for the RTA proposal to be successful in Fort Collins. The time constraints were too great and he opposed the motion as the time was too short to draft an intergovernmental agreement that could be agreed upon. He did want the process to continue. Councilmember Poppaw stated transportation is an issue for Northern Colorado but she could not support this RTA proposal. She wanted to continue the conversation as solving transportation problems is fundamental to continuing the quality of life in the region. The proposed RTA plan is not right for Fort Collins. Councilmember Troxell stated building regional transportation was essential to the area. "Playing" it alone works only to the detriment of Fort Collins and is shortsighted. Continuing in the process with the RTA and being an active participant with the region is good for Fort Collins. This proposal would provide safer intersections and roads, less congestion, reduced air pollution and improved air quality and improved quality of life. Currently, there is a country road infrastructure that connects the communities in the region and a better functioning road system is needed. This proposal does address regional transit and begins the planning for future rail needs. Current population density does not support rail, but at some point it will and now is the time begin plans for rail. It helps set the groundwork for land use planning, for water storage and for the economic health of Fort Collins. The voters should be able to decide this issue. Mayor Hutchinson stated since there seemed to be support for continuing participation in the RTA process but the time frame currently proposed was too short and caused difficulties in reaching an LN June 19, 2007 agreement, he would entertain an amendment to the motion to extend the time to August 2008. Councilmember Poppaw stated she did not want to continue discussions on the current RTA proposal as it was "fatally flawed." The make-up of the steering committee was not a balanced group. The vote on the current proposal was 14-1, even though the Citizen Steering Committee had a membership of 35 people. The vote was not a majority vote. The proposal violates the core principles the Steering Committee had endorsed. The plan continues to change without the approval of the entire Committee. It is one of the largest tax increase proposals in Northern Colorado history and it would be irresponsible to rush forward and put it on the November ballot. The .58% tax does not include maintenance of the projects and that is not appropriate. This is a "rushed" process and should be put on hold until it is known what the Federal and State governments will fund for transportation. Much of the proposed construction is on state and federal highways and federal and state funding should be known before this proposal goes forward. The funding mechanism is based on sales tax which is the "bread and butter" of Fort Collins economy. The funding for this proposal should be a use tax on development. The vast majority of the funds go to building more roads and wider roads and there needs to be a better mix of multi -modal transportation options. It increases vehicle miles traveled, increases emissions and decreases air quality, and has no maintenance provision. This proposal subsidizes uncontrolled growth in Weld County. Paying for Weld County infrastructure is not the responsibility of Fort Collins. Fort Collins should partner with the region on transportation issues, but not with the current proposal. Councilmember Ohlson stated he did not support extending discussion on the current RTA proposal until August 2008. He would support a discussion that was centered on dealing with transportation issues in a different way and placing a proposal on the ballot in the Fall 2008 or Spring 2009. He did not support the current proposal. Mayor Hutchinson stated since there was concern the time frame was too short for an agreement to be reached, discussing a time extension might be one way to continue participating in the RTA discussions. This would not be a continued discussion with the same group of people as the Citizen Steering Committee has completed its work. The group currently meeting consists of the City Managers, County Managers and some staff that might be required to negotiate the agreement. The first step of the RTA process was complete and the next step was for local governments to act. He thought the City should stay engaged in the process until some concerns and issues are sorted out. There was much misinformation being circulated. One person has stated ifmoney was spent through the RTA for road repair then CDOT will reduce its funds to the area. The CDOT representative, Carla Harding, has given assurances that funds spent for road repair will not reduce CDOT funds. There are many issues that need clarification and extending the time might help provide that. The Metropolitan Planning Organization had provided much analysis and data that should not be rejected. The extension of the deadline would allow time to sort through all the issues and conflicting reports. Councilmember Ohlson stated the tax proposed to support the RTA was too large. It was the largest tax increase in the region's history. The time frame was too short and it was not possible to reach a good proposal in the short amount of time allotted. There are other needs that need to be addressed first. The City's Street Maintenance Study and Police Study needed to be reviewed before this 061 June 19, 2007 proposal was considered. The 2008-2009 Budget needed to be set. The results from the Governor's Blue Ribbon Panel should be known before this proposal moves forward. The same thinking that created the transportation problems will not solve the problem. Regional land use planning should come before transportation planning and that has not happened. He did not want Fort Collins sales tax dollars used to subsidize Loveland's transportation issues. The other communities in the RTA wanted Fort Collins to participate so Fort Collins sales tax could be transplanted from Fort Collins to the other communities. There was not enough responsibility placed on the private sector and the proposal bails out those communities with poor planning and poor policies. Fort Collins generates more sales tax dollars per citizen than any other community in the region. It was wise to wait and develop a proposal that addresses road and infrastructure issues and interchange improvements as well transit and maintenance. Mayor Hutchinson stated while extending the time may preclude the City from participating in the current RTA discussion it would still be beneficial for the City to stay at the table and gather information for future discussions. Using data from the Metropolitan Planning Organization and gathering a regional perspective would be beneficial. There are elements of regional planning that affect the City. Councilmember Ohlson stated there was no model of the RTA where Fort Collins is not sending out its sales tax dollars to other communities. He would support a time extension only if it were clear that the RTA was one option, but not the only option. The projects listed in the current RTA proposal did not seem essential to Fort Collins and many of them did not seem to be the responsibility of Fort Collins. Mayor Hutchinson stated there are some unique projects that regional cooperation would bring. One such project was a bus transit connection to Longmont from Fort Collins that would interface with Denver RTD. There is also a proposal for paratransit to provide Dial -A -Ride type of service for disabled people in Fort Collins that would go another community. These projects have a regional significance and it is not unreasonable to extend the time to examine such projects further. Staying involved in the process for a longer time would help answer questions and Council could then make an informed decision about continued involvement. Councilmember Manvel stated modifying the motion to extend the deadline from August 2007 to August 2008 or even to 2009 was a good idea as the current time frame was not workable. Having the RTA to solve regional transit issues, funded by a small tax might be a good solution. He would support an amendment to the motion. Councilmember Poppaw stated extending the deadline would answer many questions and she could support a friendly amendment. Mayor Hutchinson stated using the RTA information and data as well as the MPO underpinnings that give some perspective about near -term and long-term future regional transportation patterns could be beneficial for the City. An amendment to the motion would allow Fort Collins to stay engaged in the negotiations until more answers are received and would inform the other participants that the City would not vote until next August. Ell June 19, 2007 Councilmember Roy stated the current RTA proposal has 13% funding for transit and ignored the wishes expressed at the initial Transportation Summit that a larger portion of money be spent on transit and not roadways. The proposal has 20% of funds provided by development and 80% comes from the public. The financial interests of the City must be protected and the current proposal does not do that. Steps must be taken to ensure that state and federal responsibilities are not taken over by the City. The original motion on the table needed to be voted on first, then another motion should be made. Mayor Hutchinson stated nothing in the motion addressed accepting or approving the draft RTA proposal and projects. The motion states the City would stay involved in the process of negotiation. Councilmember Brown restated his motion and amended the date from 2007 to 2008. Councilmember Ohlson stated he wanted to use the information and data already provided and continue the relationships formed with neighboring communities but he did not support the current RTA proposal. He wanted to start over and consider models other than the RTA model and not assume the RTA is the preferred model. The proposal could be placed on the Fall 2008 or Spring 2009 ballot. The proposed amendment to Councilmember Brown's motion died for lack of a second. Councilmember Brown stated by not extending the deadline, Council was remiss in its obligation to its citizens by not considering the continuation of the RTA discussion. Councilmember Manvel stated the voters will have a chance to have their voices heard and it would be irresponsible of Council to send forward a proposal to the voters that is seriously defective. When Council puts an issue on the ballot, it should be an issue the majority of Council thinks is an issue that should be supported. Councilmember Troxell stated the current RTA proposal does have merit in addressing regional issues which affect the citizens traveling throughout Northern Colorado. The proposal contains funding for roadway, transit and rail projects. Fort Collins needs to stay in the discussions with the RTA and work within that process since the RTA would have the jurisdiction to accomplish these projects in the region. He supported the motion. Councilmember Manvel stated going forward with the process would mean adhering to the time line of August 2007 for an agreement to be reached. The MPO funding for supporting the RTA initiative is ending. Any discussions that continue past August will not be talking about the current RTA proposal. There is good data and staff work that has already been done in this issue, which could be used to develop a good proposal, but he did not support the current proposal. The focus should not be on the RTA because the RTA is restricted by State law to just use sales or use tax or license fees as funding mechanisms. The rules regarding the organization and the running of the RTA are very specific, also. The RTA is run by an unelected body, not controlled by the cities, but are run by a body consisting of representatives from the cities. He did not agree with this form of governance. The RTA might be part of the solution but should not be the sole focus. W June 19, 2007 Mayor Hutchinson supported the motion as it is important to stay involved in a regional process. The vote on the motion was as followed: Yeas: Brown, Hutchinson, and Troxell. Nays: Manvel, Ohlson, Poppaw, and Roy. THE MOTION FAILED. Councilmember Manvel made a motion, seconded by Councilmember Roy, that Council and staff continue work to address the transportation challenges in Fort Collins and surrounding communities, and the City Manager, in consultation with the Council Leadership Team, bring forward by Spring 2009, for Council consideration, a possible funding mechanism to be presented to City voters. Councilmember Ohlson stated the motion appeared to guarantee that a funding proposal will be brought forward by Spring 2009. City Attorney Roy stated the motion did not obligate Council to present a proposal to the voters but obligated the City Manager to present a proposal to the Council. The Council would be required to consider a possible funding mechanism that would be placed on the ballot. Councilmember Troxell asked what jurisdiction the Cityhad over surrounding communities and how state highways and county roads would be affected. Councilmember Manvel stated the City had no jurisdiction over surrounding communities but there are many intergovernmental agreements with surrounding communities. The motion left out the specific, definite expectation that the central mechanism will be the RTA. A piece of the solution will most likely be the RTA. Councilmember Brown offered a friendly amendment that states Fort Collins would remain in the RTA negotiations. Councilmember Manvel responded that adding the amendment to the motion would send a message to the other entities involved in the current RTA proposal that the current proposal would continue forward. Some on the Council wanted to use the output of the process, but not to continue the process itself. In the motion, the words "continue work" implied that the work done to date, including the RTA, will be folded into the new process. Councilmember Brown asked an audience member to respond. City Attorney Roy stated Council rules allowed citizen input with regard to each item on the discussion agenda only once per item, regardless of the number ofmotions made during Council's consideration of the item. Council could suspend the rules and proceed differently. Councilmember Ohlson stated he would support suspending the rule as this motion was a significant change. City Attorney Roy suggested the amendment be resolved first, then Council could decide whether to allow further citizen input. M June 19, 2007 Councilmember Manvel stated he did not accept Councilmember Brown's friendly amendment and restated his motion. Councilmember Ohlson stated the phrase "surrounding communities" might eliminate surrounding areas that are not communities, such as areas in the County and others. Councilmember Manvel amended his motion from "surrounding communities" to "surrounding jurisdictions." Councilmember Troxell stated the City Manager needed to bring forward intergovernmental agreements from the surrounding jurisdictions as well as a funding mechanism to provide credibility to the motion. Mayor Hutchinson asked if State law dictated that the only way to have an agreement with another entity was through an IGA. City Attorney Roy answered in the affirmative and stated the wording of the motion did not exclude an IGA as part of a larger proposal, but to ensure that the proposal brought forward included an IGA, then that language should be included in the motion. Mayor Hutchinson asked if the motion would remove the possibility of remaining engaged in the RTA negotiations. City Attorney Roy suggested to allow the possibility of both requiring IGAs and remaining in the RTA negotiations, the motion could state "bring forward for Council's consideration possible intergovernmental agreements and and/or funding mechanisms to be presented for City voter approval no later than Spring 2009." That, however, would suggest that the IGAs would have to receive voter approval. Only if the proposal was a Regional Transportation Authority would the IGA require voter approval. The funding mechanism, assuming it was a tax by something other than an enterprise, would require voter approval. The IGA might or might not require voter approval. Mayor Hutchinson asked the City Clerk to read the motion currently under consideration. Councilmember Ohlson stated the RTA could be part of the proposal, but not the entire proposal. Mayor Hutchinson stated last Wednesday night was a meeting to negotiate what the RTA might look like and Fort Collins was not at the table. To preserve that option, it should be included in the motion. Councilmember Manvel stated the motion would allow Fort Collins to participate in the negotiations, with the clear understanding that Fort Collins will not place the current proposal on the ballot this November. Discussions could take place concerning partnering with Fort Collins after November. Mayor Hutchinson stated the motion should include wording that states Fort Collins will stay involved in the RTA negotiations until a decision point is reached. City Attorney Roy asked if the point was to ensure that the Council would be obligated to include in its consideration a possible Regional Transportation Authority. all June 19, 2007 Mayor Hutchinson stated that was not the intent. He wanted the City to be involved in the RTA negotiations until a certain decision point is reached and then the decision could made whether or not to take the decision to the voters. Mayor Hutchinson stated a short break would be taken to write what was verbally suggested regarding the current motion. ("Secretary's Note: The Council took a brief recess at this point in the meeting.) Mayor Hutchinson asked City Attorney Roy to read the motion. City Attorney Roy stated this would be a recommended amendment to the motion. "The City Council and City staff shall continue work to address the transportation challenges in Fort Collins and surrounding jurisdictions through public outreach that includes intergovernmental discussions and that the City Manager, in consultation with the Council Leadership Team, shall bring forward for Council consideration, a recommended funding mechanism to address those transportation challenges, no later than April 2009." Councilmember Manvel and Councilmember Roy accepted the amendment as a friendly amendment. Mayor Hutchinson asked for clarification as to what the motion would mean in terms of continuing Fort Collins participation in the RTA negotiations. Councilmember Manvel stated the intent was to continue attending the negotiations with the clear understanding that the City will not be placing the issue on the ballot this fall. Councilmember Roy read a statement prepared by Councilmember Manvel that outlined the reasons for the current motion to be brought. It said, "An effective and efficient transportation system is vital to the economic and environmental health of Fort Collins and surrounding communities. Fort Collins and surrounding communities face many transportation challenges, including: insufficient funds for required road maintenance, road capacities strained by rapidly increasing vehicle miles traveled, deteriorating air quality threatening public health and the desirability of the region as a destination and inadequate transit and paratransit services. Any comprehensive plan which addresses these challenges will fund required maintenance of roadways, require development to pay its fair share of the costs for expanding transportation system, recognize and plan for competing demands of sales tax revenues, promote energy conservation and improve air quality and provide for the mobility needs of the regional population. New information will affect the planning and decisions, including the recommendations of the Governor's Blue Ribbon Commission on transportation, the preferred transit alternative from the I-25 corridor Environmental Impact Statement, the City of Fort Collins Road Maintenance Study and the Police Staffing Study and the Fort Collins City budget for 2008-2009, all of which will be available within the next year." Councilmember Troxell stated there were advantages that would be given up by not participating the RTA such as the cap on the taxing ability so the City will need to work under its own sales tax limitations as set by TABOR. Twelve entities in the region are committed to the RTA process and they would set the terms of the RTA, without Fort Collins participating. By August 2007, if those entities effectively define what the terms are, Fort Collins will not be able to come in at a later date and try to negotiate its own terms. 91 June 19, 2007 Mayor Hutchinson stated the Council would continue participating in the RTA negotiations that are now underway with the clear understanding that the Council would not support placing the proposal on the ballot in November, but would make a final decision next August. Councilmember Troxell stated following this time line would require Fort Collins to come in at a later date under terms that have already been set and not defined by Fort Collins. Mayor Hutchinson stated if the decision deadline is this August, then the majority of Council does not want to participate. The current motion states if the decision deadline is August 2008 then Fort Collins would participate. Councilmember Manvel stated the motion was not necessarily a decision about the RTA next August, but regional transportation solutions that are good for Fort Collins and surrounding areas. Mayor Hutchinson asked if more explicit language should be added to the motion to ensure participation in RTA discussions. City Attorney Roy stated the language currently in the motion neither requires or precludes farther involvement by the City in discussions about a possible RTA. The earlier vote precludes bringing anything to this Council for November 2007. City Manager Atteberry stated his interpretation of the motion was that staff should attend the next RTA meeting but state the Fort Collins Council does not want to pursue a November 2007 ballot measure. At the same time, a local conversation would begin about transportation needs. Councilmember Ohlson made a motion, seconded by Councilmember Troxell, to suspend the rules and allow citizen input on the motion currently being considered. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy, and Troxell. Nays: None. THE MOTION CARRIED. Richard Gutkowski, 1425 Hillside Drive, stated any continuation of discussion on the RTA process would be a good step. David May, 225 South Meldrum, Chamber of Commerce President, stated the City should stay engaged in the RTA discussions as an agreement could be reached this fall and that possibility should not be discounted. He objected to the statement read by Councilmember Roy as being a "agenda -laden, rhetoric -laden" position that closes off options to talk about the transportation needs of the region by narrowly defining those needs and the outcomes at the onset of the discussion. The business community would support continuing the RTA discussions. Blue Hovatter, Fort Collins resident, stated some sort of regional transportation was an important issue for many people and supported the motion. John Knezovich, 1205 Green Street, stated his understanding was the only time there can be a vote on a tax issue would be in November 2009. There could not be a vote in Spring 2009. There is an additional cap the RTA would give on sales tax of 1 %. Currently, the combined state, county and 92 June 19, 2007 city tax cap is 7% and the RTA would allow an additional 1% and the City should take advantage of the extra tax allowed with the RTA. Since Greeley has now agreed to participate in current discussions, the process will become "etched in stone" in the next two months. Next year the voters of Fort Collins may want to participate because the RTA is a good deal and by then, there will be no room for negotiations for Fort Collins. Council was abdicating its responsibilities by not continuing in the current negotiations. Tim Johnson, 1337 Stonehenge Drive, stated since the first motion concerning continued participation in the current RTA process was not adopted, it was clear Council did not support any further work on the current RTA proposal. The idea contained in the current motion to continue to work towards transportation solutions was important. Warren Snyder, 1630 Collindale Drive, did not support any RTA proposal as the Fort Collins taxpayers should not pay for growth in other communities. Carl Glaser, 2631 Silver Creek Drive, stated the current motion was a compromised approach and Council had missed a good opportunity to participate in the RTA discussions. Clint Skutchan, 719 Great Plains Court, Steering Committee member, stated Council had lost all leverage in participating in the discussions and there was no reason why the other entities would allow the City to sit at the table. This motion used staff to examine regional projects which is not a good allocation of staff time. Eric Levine, 514 North Shields, stated the current motion seemed to support continued dialog with the current RTA proposal and he did not support any continued discussion with the current proposal. Eric Kronwell, 1119 Monticello Court, stated the process had identified basic principles that were important for Council to continue to take into consideration, such as evaluating and understanding the economic interests of those bringing the proposal, recognizing that the fee structure for impact fees for building and new construction and development is higher in Fort Collins than elsewhere and that taxing entities should have elected bodies. Maury Dobbie, Fort Collins business owner, encouraged Council to remember Fort Collins is part of a region and needs to participate with other communities to continue to keep Northern Colorado as a growing region. Michelle Jacobs, Steering Committee member and resident of Northern Colorado, thanked Council for expressing its desire to continue to work on transportation problems regionally. She asked if the statement read by Councilmember Roy was part of the motion. Mayor Hutchinson clarified the statement read by Councilmember Roy was a comment by Councilmember Roy and was not part of the current motion. York, 2001 Creekwood Drive, supported the current motion as it gives Council the power to walk away from the current proposal. Any new proposal that is brought forward needs to focus on public 93 June 19, 2007 transit and not I-25 improvements as I-25 is a federal highway and improvements should be paid by the federal government. Shane Grant, 1455 Freedom Lane, encouraged Council to continue participation in the RTA discussion and to set a time line that would allow for the discussions to be productive. Nick Tompkins, 635 1/2 South Whitcomb, stated his support for continued participation with the current RTA proposal. George Culpepper, 2401 West Stuart Street, Director of Government Affairs, Fort Collins Board of Realtors, stated it was important for Fort Collins to continue working with other communities in the region but he was concerned that not staying in the current process was "taking a step back" for Fort Collins. City Manager Atteberry clarified a statement from Mr. Knezovich regarding an election on a tax issue occurring only in November 2009. Formation of the RTA requires a county -wide election, which occurs in November. A municipal election in April 2009 could not include the RTA election. Mayor Hutchinson asked if the RTA election could occur in November 2008. City Manager Atteberry answered the RTA election could occur in November 2008 or November 2009. If Council wanted to bring forward a City stand-alone package, then that issue could be included in the April 2009 election. Mayor Hutchinson stated the current motion is a compromise to keep the City participating in the RTA discussions but gives other options to meet other needs. Councilmember Brown asked if negotiations are continued with the RTA process and, at some point Fort Collins wants to become a member of the RTA, does every member of the RTA need to vote to allow Fort Collins to become a member? City Attorney Roy stated two provisions exist in State law to address the addition of new members to the RTA. One states the contract the entities have already entered into would have to include provisions for amending the contract. Another provision states the RTA Board may include additional property within the boundaries of the Authority and that the Board, upon the affirmative vote of two-thirds of the Directors, may adopt a resolution including or excluding property. He requested more time to determine what the process would be to add additional property to an existing RTA. Councilmember Brown stated his concern that the other entities involved in the RTA would not allow Fort Collins to enter the RTA at a later date. City Attorney Roy stated State law was clear that an entity cannot unilaterally join an existing RTA. What was unclear was what would be the process and who has to approve it. The City cannot, on its own initiative, decide to join the existing RTA without the requisite statutory approval. Mayor Hutchinson asked if the City could attend the discussions currently underway. City Attorney Roy answered in the affirmative. City Manager Atteberry stated a critical question the entire RTA group must answer is whether they are willing to change the current time line from having the issue June 19, 2007 on the ballot this November. If the RTA group does not want to change its time line, then the discussion about the RTA is at an end as it relates to Fort Collins' participation. Mayor Hutchinson stated there may be an option for Fort Collins to join later. City Manager Atteberry stated he had met with both the Mayor and City Manager of Greeley who are very interested in moving forward this year and do not want to delay the vote on the RTA. Entering an established RTA later does remove the bargaining abilities. Councilmember Manvel stated the other entities only have six weeks to reach agreements on an IGA and that will be a challenge. Many details need to be worked out so there is much serious discussion that needs to occur. Councilmember Troxell stated Council was making a unilateral decision and he had no confidence in this Council moving forward with any regional transportation solution. Councilmember Manvel stated Councilmember Troxell was amember of the Citizen Committee and chose to stop his participation early in the process and his input was needed through the entire process. Councilmember Roy stated he was committed to working on a transportation solution and this motion would help Fort Collins address not only transportation issues, but health and safety issues and other projects within the community, as well. Councilmember Ohlson stated the current RTA proposal contained projects he did not support and were not in the best interest of the citizens or the City. There are the City's interests, other entities' interests and mutual interests. He was willing to consider mutual interests and the City's interests but not the other entities' interests. The current RTA proposal did not contain anything he could support. He was committed to solving transportation problems but not with the current RTA. A comment made by a citizen that the City had higher impact fees than elsewhere was not correct. An update on City impact fees issued two months ago indicated the City's impact fees were lower than most. City Manager Atteberry stated his belief that the City's fees, on average, were not higher than fees charged by other communities. Councilmember Brown stated while there is good intent with the current motion, he felt Fort Collins had lost the opportunity to be a leader in the region. Mayor Hutchinson stated the compromise reached with the motion allowed some participation in the RTA process. The RTA and all the work done so far to establish that Plan, would contribute much to any other options that do come forward. The crucial part was that the City can stay involved so answers can be found to the questions raised. The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, and Roy. Nays: Troxell. THE MOTION CARRIED. 95 June 19, 2007 City Manager Atteberry stated while this option did not work for this Council in the current time frame, a step forward had been taken to reach solutions for regional transportation issues. Other Business Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to cancel the Regular Meeting of July 3, 2007. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: None. THE MOTION CARRIED. Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to adjourn to 6:00 p.m. Monday, June 25, 2007 to conduct mid -year evaluations of the City Manager, City Attorney and Municipal Judge and to conduct any other business that may come before the Council. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: None. THE MOTION CARRIED. Adjournment The meeting adjourned at 10:50 p.m. Mayor A EST: I )P Z City Clerk