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HomeMy WebLinkAboutMINUTES-09/04/2007-RegularSeptember 4, 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, September 4, 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, Eckman. Citizen Participation Lynda Lloyd, 1900 Brookwood Drive, representing the Poudre Landmarks Foundation which is hosting the 23rd annual Historic Homes Tour, invited the Mayor and Councilmembers to attend the event. George Culpepper, Government Affairs Director for the Fort Collins Board of Realtors, spoke about concerns regarding the proposed property maintenance standards changes. Citizens do not want city government to tell them what they can and cannot do with their homes and they do not want post - development HOAs. The proposed Code changes would make the City into one large HOA. Cheryl Distaso, 135 South Sunset, requested that Council to adopt a resolution calling for the withdrawal of U.S. troops from Iraq. Nancy York, 130 South Whitcomb, urged Council to do what it could to fight poverty and global warming in the community. She also urged Council to discuss the resolution calling for the withdrawal of U.S. troops from Iraq. Bruce Lockhart, 2500 East Harmony Road, objected to City sponsorship of the Sustainability Fair and to one of the speakers at the Fair. Citizen Participation Follow-up Councilmember Ohlson stated Council was not ignoring the request to consider a resolution to withdraw troops from Iraq. At this time, the Council has decided that tackling this divisive national issue was not in the best interest of the citizens. Councilmember Manvel stated current property maintenance standards already do exist and the proposed changes are minor modifications. 144 September 4, 2007 Agenda Review City Manager Atteberry stated there were no changes to the published agenda. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the August 21, 2007 Regular Meeting, Second Reading of Ordinance No. 084, 2007, Appropriating Unanticipated Grant Revenue in the General Fund for the Poudre Valley Health System Choose the Right Road Driving Program. Poudre Valley Health System ("PVHS") has developed "Choose the Right Road", a program designed to minimize the number of individuals who drive while intoxicated. PVHS has received a grant from the Alcohol and Drug Abuse Division of the Colorado Department of Human Services which requires that the grant funds be dispersed to a "local public procurement unit." PVHS has requested that the City serve as the local public procurement unit and a pass -through recipient of the grant proceeds. This Ordinance, unanimously adopted on First Reading on August 21, 2007, allows the City to disburse the grant funds to PVHS (via the Hospital Foundation) upon completion of any grant -related documents and a subgrant agreement between the City and PVHS. 8. Second Reading of Ordinance No. 085, 2007, Appropriating Unanticipated Revenue in the Form of Developer Contributions in the Transportation Services Fund for the Purpose of Providing Improvements to the Railroad Crossing on Vine Drive East of Timberline Road. As a condition of approval of the Water Glen PUD, the developer of the project paid the City $95,000, which represented the Developer's share of the costs to improve and widen the railroad crossing on Vine Drive, east of Timberline Road. This Ordinance, unanimously adopted on First Reading on August 21, 2007, appropriates these funds to pay for the improvements. 9. Second Reading of Ordinance No. 086, 2007, Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Program and Authorizing. the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. A grant in the amount of $23,345 has been received from the Colorado Division of Criminal Justice (DCJ) for salaries associated with the continued operation of the Restorative Justice Program. This Ordinance, unanimously adopted on First Reading on August 21, 2007, appropriates the grant money. A $7,782 cash match is required and will be met by appropriating funds from the police operating budget. 10. Items Relating to the Construction of Improvements to Old Fort Collins Heritage Park A. Second Reading of Ordinance No. 087, 2007, Authorizing the City Manager to Enter Into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust 145 September 4, 2007 Fund for the Receipt of Funds for Improvements to Old Fort Collins Heritage Park. B. Second Reading of Ordinance No. 088, 2007, Appropriating Unanticipated Revenue in the Neighborhood Parkland Fund - Old Fort Collins Heritage Park Capital Project and Authorizing the Transfer of Appropriations Between Funds to Redevelop a Playground and Construct a Skate Park and Two New Handball Courts at Old Fort Collins Heritage Park. Ordinance No. 087, 2007 authorizes and approve the terms of the GOCO grant agreement, including the placing of a restrictive covenant on the Heritage Park property. Ordinance No. 088, 2007 appropriates funds to the project from several sources, including the GOCO grant. Both Ordinances were unanimously adopted on First Reading on August 21, 2007. 11. Second Reading of Ordinance No. 089, 2007, Appropriating Unanticipated Revenue in the Transportation Services Fund - FY 2007-2008 Safe Routes to School Project to Fund Safe Routes to School Programming at Five Fort Collins Elementary Schools. The City of Fort Collins Transportation Planning office has received a grant from CDOT Safe Routes to School program for FY 2007 to provide non -infrastructure Safe Routes to School funding in five local schools. This program will target students, parents, and teachers in a collaborative effort to increase the numbers of children bicycling and walking to school. This Ordinance, unanimously adopted on First Reading on August 21, 2007, appropriates the funds from this grant. 12, Second Reading of Ordinance No. 090, 2007, Amending Section 2-82 of the City Code Relating to Membership of the Affordable HousingBoard. The Affordable Housing Board requested, as part of its Periodic Review Questionnaire, to reduce its membership as boardmember turnover has created a problem for meeting quorum requirements at meetings and the Board has not had full membership this year. This Ordinance, unanimously adopted on First Reading on August 21, 2007, reduces the membership of the Affordable Housing Board from nine members to seven. 13. Second Readina of Ordinance No. 091, 2007. Amending Section 1-2 of the Citv Code to Authorize the City Manager to Designate Employees of the City to Perform Any Duties Assigned by the City Code to Persons Holding Positions of Employment That No Longer Exist Under the City's Current Administrative Structure and Ratifying the Administrative Delegation or Reassignment of Certain Duties. The City Code currently contains references to duties and responsibilities of persons occupying specific positions of employment, some of which no longer exist as a result of the recent reorganization of the City's administrative structure in February 2007. This Ordinance, unanimously adopted on First Reading on August 21, 2007, amends the definition 146 September 4, 2007 of "delegation of authority" in the City Code to allow the City Manager to designate, in writing, a position of employment to which those individual duties and responsibilities may be assigned as the need arises. The City Manager's designation would remain in effect until such time as the position designated in the Code is reestablished or the Code is amended to specify a different position to which the duty or responsibility is to be assigned. The Ordinance also ratifies those delegations and reassignments that have occurred since the reorganization. 14. Second Readine of Ordinance No. 092, 2007, Designating the Bradley House and Rock Walls, 1510 South College Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Ordinance No. 092, 2007, unanimously adopted on First Reading on August 21, 2007, designates the Bradley House and Rock Walls as a Fort Collins Landmark. The owners of the property, Michael P. and Susan C. Curiel, are initiating this request. 15. Second Reading of Ordinance No. 093, 2007, Desienatins the J.E. Foreman House, 239 North Grant Avenue, as a Fort Collins Landmark Pursuant to Chanter 14 of the Cijy Code. Ordinance No. 093, 2007, unanimously adopted on First Reading on August 21, 2007, designates the J. E. Foreman House as a Fort Collins Landmark. The owners of the property, Erin Morgan and Erin Muths, are initiating this request. 16. Items Relating to the McClelland's Creek PD & PLD Second Filine Annexation and Zoning A. Second Reading of Ordinance No. 094, 2007, Annexing Property Known as the McClelland's Creek PD & PLD Second Filing Annexation. B. Second Reading of Ordinance No. 095, 2007, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the McClelland's Creek PD & PLD Second Filing Annexation to the City of Fort Collins, Colorado. These Ordinances, unanimously adopted on First Reading on August 21, 2007, annex and zone 44.32 acres located at the southwest corner of Kechter Road and Strauss Cabin Road. McClelland's Creek runs along the southwest side of the property and Zach Elementary School directly to the west. The property is undeveloped and is in the FA-1 Farming District in Latimer County. The requested zoning in the City of Fort Collins is LMN - Low Density Mixed -Use Neighborhood. 17. Items Relating to the Rein Annexation and Zoning A. Second Reading of Ordinance No. 096, 2007, Annexing Property Known as the Rein Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 097, 2007, Amending the Zoning Map of the City 147 September 4, 2007 of Fort Collins and Classifying for Zoning Purposes the Property Included in the Rein Annexation to the City of Fort Collins, Colorado. These Ordinances annex and zone a property that is approximately 1.52 acres in size. The site is 1038 West Vine Drive, located between North Shields Street and Wood Street. The proposed zoning for the entire site is Limited Commercial. 18. Second Reading of Ordinance No. 098, 2007, Authorizing the Lease of Citv-owned Prone at 214 North Howes Street. Along with Related Parking Rights at 220 North Howes Street, for up to Five Years, and the Related Extension of Triad Systems Engineering's Current Lease of City -owned Property at 200 West Mountain Avenue until 214 North Howes Street is Available for Occupancy_ Upon the completion of the new Northside Aztlan Community Center, as part of a facility consolidation effort, the Recreation Department will relocate from its existing location at 214 North Howes to 215 North Mason and the new Northside Aztlan Community Center. Aside from approximately 1,100 square feet of remaining storage, the City has no immediate use for the Recreation Department facility at 214 North Howes Street. This Ordinance, unanimously adopted on August 21, 2007, authorizes the lease of this City -owned property, along with nine parking spaces located in the parking lot of 220 North Howes Street, and six parking spaces on the south side of 214 North Howes Street. The Ordinance also authorizes an extension of the proposed tenant's current lease at 200 West Mountain Avenue until 214 North Howes is available. 19. First Reading of Ordinance No. 099, 2007, Appropriating Unanticipated Grant Revenue in the General Fund for the Landmark Rehabilitation Loan Program. This Ordinance appropriates $24,000 provided by a grant from the Colorado Historical Society toward the rehabilitation of historic commercial properties in Fort Collins. 20. First Reading of Ordinance No. 100, 2007, Authorizing the Purchasing Agent to Enter into an Extension of the Restaurant/Snack Bar Concession Agreement at Collindale Golf Course for 0 to Five Additional Years. The existing Agreement with the Collindale Golf Course food and beverage concessionaire, Brauns Bar & Grill at Collindale, LLC, dba Manno's Grille at Collindale, owned and operated by Fort Collins residents Scott and Karrie Manning, expires on December 31, 2007. This five-year Agreement was entered into on January 17, 2003, after being awarded through Request For Proposal (RFP) # P-869. As per RFP Specification No. 1, "...The duration of the Agreement ... (runs through 2007) with possible extensions of the original five-year term for up to five additional years if performance is satisfactory and subject to City Council approval...." This is contingent on public input and comment, the Golf Board recommendation, and the ability of the City and the Concessionaire to negotiate a mutually acceptable extension agreement. "W. September 4, 2007 21. First Reading of Ordinance No. 101, 2007, Vacating a Portion of Certain Right -of -Way Acquired by the City in Connection with the Feather Ridge Annexation, Strachan Farm Annexation and Harmony Annexation No. 4. The Hidden Pond Estates development site is located north of Harmony Road, east of Ziegler Road and south of Horsetooth Road. As a part of the Feather Ridge Annexation, Strachan Farm Annexation and Harmony Annexation Number 4, the City acquired certain street rights -of -way. At the Planning and Zoning Board hearing for Hidden Pond Estates, held on June 21, 2007, it was shown that the street is no longer needed and a private drive will be provided instead. Therefore, the right-of-way for the street is no longer necessary and is proposed for vacation at this time. While the right-of-way is being vacated, utility, drainage, access, and emergency access easements are being retained and there are no objections by public or private utilities. 22. Resolution 2007-078 Authorizing A Revocable Permit to the Colorado Department of Agriculture for the Urban Front Range Monitoring Network Project for Monitoring Pesticides and Nitrates/Nitrites in Groundwater. The Colorado Department of Agriculture is developing the Urban Front Range Monitoring Network which will cover urban areas from Fort Collins to Pueblo as part of the Colorado Agricultural Chemicals and Groundwater Protection Program. The Colorado Department of Agriculture has requested that the City of Fort Collins grant permission to enter various parcels owned by the City to install monitoring wells and conduct periodic groundwater testing as part of their Urban Area Monitoring Well Project. 23. Resolution 2007-079 Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund to Commission an Artist to Create an Art Element for the Spring Canyon Community Park Tree Project. This Resolution would approve expenditures of $15,000 for design, fabrication, travel, signage and contingency for a prof ect with the artist Kenny Davis to carve three existing trees for the Spring Canyon Community Park Tree Project. 24. Resolution 2007-080 Setting the Dates of the Public Hearings on the 2008 and 2009 Proposed City of Fort Collins Biennial Budget. The City will be adopting a biennial budget for the years 2008 and 2009. The City Charter requires that the City Council set a date for a public hearing on the proposed budget. This Resolution sets that hearing date for the Council meeting of September 18, 2007. In aneffort to receive further public input, this Resolution also sets an additional hearing date for the October 2, 2007 Council meeting. 149 September 4, 2007 25. Resolution 2007-081 Establishing Fees Charged by Fort Collins Municipal Court Relating to Release of Criminal Justice Records. The Fort Collins Municipal Court assesses various costs and fees, in addition to fines and other penalties. The Colorado Criminal Justice Records Act allows criminal justice agencies to "assess reasonable fees, not to exceed actual costs, including but not limited to personnel and equipment, for the search, retrieval and copying of criminal justice records". The Act also requires that the amount of such fees in this instance be set by City Council. It is not expected that the fees generated from these records requests will increase revenues for the Municipal Court since these fees are set at a level to only cover the actual cost, including staff time, materials and depreciation of equipment, of providing records to the public. 26. Routine Deed. Deed of Dedication from Hewlett-Packard Company for a permanent right-of-way for public street purposes, located at 3105 East Harmony Road. Monetary consideration: $10. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. Second Reading of Ordinance No. 084, 2007, Appropriating Unanticipated Grant Revenue in the General Fund for the Poudre Valley Health System Choose the Right Road Driving Program. 8. Second Reading of Ordinance No. 085, 2007, Appropriating Unanticipated Revenue in the Form of Developer Contributions in the Transportation Services Fund for the Purpose of Providing Improvements to the Railroad Crossing on Vine Drive East of Timberline Road. 9. Second Reading of Ordinance No. 086, 2007, Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. 10. Items Relating to the Construction of Improvements to Old Fort Collins Heritage Park. A. Second Reading of Ordinance No. 087, 2007, Authorizing the City Manager to Enter Into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for the Receipt of Funds for Improvements to Old Fort Collins Heritage Park. B. Second Reading of Ordinance No. 088, 2007, Appropriating Unanticipated Revenue in the Neighborhood Parkland Fund - Old Fort Collins Heritage Park Capital Project and Authorizing the Transfer of Appropriations Between Funds to Redevelop a Playground and Construct a Skate Park 150 September 4, 2007 11. Second Reading of Ordinance No. 089, 2007, Appropriating Unanticipated Revenue in the Transportation Services Fund - FY 2007-2008 Safe Routes to School Project to Fund Safe Routes to School Programming at Five Fort Collins Elementary Schools. 12. Second Reading of Ordinance No. 090, 2007, Amending Section 2-82 of the City Code Relating to Membership of the Affordable Housing Board. 13. Second Reading of Ordinance No. 091, 2007, Amending Section 1-2 of the City Code to Authorize the City Manager to Designate Employees of the City to Perform Any Duties Assigned by the City Code to Persons Holding Positions of Employment That No Longer Exist Under the City's Current Administrative Structure and Ratifying the Administrative Delegation or Reassignment of Certain Duties. 14. Second Reading of Ordinance No. 092, 2007, Designating the Bradley House and Rock Walls, 1510 South College Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 15. Second Reading of Ordinance No. 093, 2007, Designating the J.E. Foreman House, 239 North Grant Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 16. Items Relating to the McClelland's Creek PD & PLD Second Filing Annexation and Zoning. A. Second Reading of Ordinance No. 094, 2007, Annexing Property Known as the McClelland's Creek PD & PLD Second Filing Annexation. B. Second Reading of Ordinance No. 095, 2007, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the McClelland's Creek PD & PLD Second Filing Annexation to the City of Fort Collins, Colorado. 17. Items Relating to the Rein Annexation and Zoning. A. Second Reading of Ordinance No. 096, 2007, Annexing Property Known as the Rein Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 097, 2007, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Rein Annexation to the City of Fort Collins, Colorado. 18. Second Reading of Ordinance No. 098, 2007, Authorizing the Lease of City -owned Property at 214 North Howes Street, Along with Related Parking Rights at 220 North Howes Street, for up to Five Years, and the Related Extension of Triad Systems Engineering's Current Lease of City -owned Property at 200 West Mountain Avenue until 214 North Howes Street is Available for Occupancy. 151 September 4, 2007 Ordinances on First Reading were read by title by City Clerk Krajicek. 19. First Reading of Ordinance No. 099, 2007, Appropriating Unanticipated Grant Revenue in the General Fund for the Landmark Rehabilitation Loan Program. 20. First Reading of Ordinance No. 100, 2007, Authorizing the Purchasing Agent to Enter into an Extension of the Restaurant/Snack Bar Concession Agreement at Collindale Golf Course for up to Five Additional Years. 21. First Reading of Ordinance No. 101, 2007, Vacating a Portion of Certain Right -of -Way Acquired by the City in Connection with the Feather Ridge Annexation, Strachan Farm Annexation and Harmony Annexation No. 4. Councilmember Troxell made a motion, 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. Staff Reports City Manager Atteberry reported the Harmony and Ziegler intersection and roadway improvements project is on schedule and is about 60% complete. He thanked the Engineering staff for the work done on the project. It is scheduled to be completed in November. He noted the Recommended Budget was delivered to the City Clerk and Council and the public may view the document on the City's website. Mark Jackson, interim Transportation Services Director, introduced Cliff Davidson, Executive Director for North Front Range Metropolitan Planning Organization, who presented the Congestion Mitigation and Air Quality Awards federal grant money for 2008-2009 totaling over $6 million to several City departments. Jackson stated these grants provide funding for programs for alternate modes of transportation. Councilmember Reports Councilmember Troxell stated the UniverCity Connections had submitted a proposal through the City to the Department of Energy for Fort ZED (Zero Energy District). The community had raised a substantial amount of support for the proposal. Councilmember Manvel reported Governor Ritter has recently reinstituted the Air Quality Council, a small group in the Denver area, to look at pollution problems and make recommendations for solutions. The group will include him as a representative from the Northern Colorado area. The Air Quality Council will look at problems with ozone in this region and seek solutions. 152 September 4, 2007 Resolution 2007-082 Submitting to the Registered Electors of the City a Proposed Twenty -Five Hundreths Percent (0.25%) Sales and Use Tax Increase on All Taxable Services and Tangible Personal Property Except Food For the Purpose of Obtaining Additional Revenues For Health and Safety Purposes, Defeated. The following is staff s memorandum on this item. "EXECUTIVE SUMMARY Council discussed funding options forHealth and Safety Needs at the August 28 Work Session. The majority of Council agreed that existing revenue is insufficient to fund health and safety needs. Council asked staff to prepare ballot language for consideration at the September 4, 2007 Council meeting that would increase the City's base sales tax rate by a quarter cent (25 cents on a $100 purchase). If the voters approve this proposed increase, it would apply to all taxable purchases except food and prescription drugs and would generate approximately $5.5 million annually. It would be used to supplement, rather than replace, the amounts presently being expended for health and safety. It would be distributed asfollows: Police Services $3.3 million 60% Fire Services (PFA) $1.1 million 20% Other Health & Safety $1.1 million 20% BACKGROUND Police Services The following details how the additional revenues would be applied to Police Services: a. More traffic officers and neighborhood traffic enforcement. b. More officers assigned to community policing/quality of life issues. C. More investigation of criminal activity. d. Increased graffiti abatement. e. More gang/career offender enforcement. f. The ability to split the Cityinto two distinct dispatching service areas forgreater efficiency and more rapid response. g. The ability to form a regional academy to reduce the amount of time needed for officers to complete the training and be deployed. Fire Services Top priorities identified in the most recent update to the Strategic Plan include: 153 September 4, 2007 a. South Battalion $ 664,616 b. Increase fire company staffing (3 to 4) $1,625,987 C. Training and Information Technology $ 217,360 d. Station #4 $2, 670, 789 Health and Safety The City has a number of successful programs designed to create and promote a healthy and sustainable environment. Many of these programs relate to citizens' overall health and safety. Additional resources are needed to fund new or enhanced initiatives and programs, such as: a. Hazardous Waste Recycling and Disposal —a waste consolidation transfer sitefor businesses and households to drop off hazardous materials and other recyclable products. b. A ir Quality Mon itoring—additional mon itoring equipmen t and analysisfor particulate and ozone levels and implementation of actions to improve air quality. C. Water Quality Monitoring —additional monitoring and analysisfor water qualityparameters and implementation ofactions to improve water quality and protectpublic health and safety. d. Climate Wise —A voluntary program to help businesses and citizens improve the environmental health of the workplace and their homes. e. Train Issues — train traffic and noise from train horns is more than just an annoyance; it can be linked to human health issues. Mitigation actions are expensive, require carefulplanning and outreach, and are presently unfunded. Price of Government For the past 50 years Americans have spent the equivalent of 35 cents of every dollar of annual personal income to buy services from their local, state and federal governments. Of this 35 cents, twenty cents has historically been allocated to Federal government services, 8 cents to State government services, and 7 cents to local government services. Since 2002, Fort Collins citizens have spent approximately 6 cents ofeach dollar ofpersonal income on City services. The Fort Collins Price of Government is declining (the price ofgovernmentfor local services is declining in relation to increases in personal income). The effect ofthis decline is that fewer resources are available to fund City services. Tax Rate Comparisons A recent survey of 15 Front Range Municipalities showed that 13 of the cities have a higher total city, state, and county sales tax rate than Fort Collins. Twelve cities have a higher total local base plus dedicated sales tax rate. A total sales tax rate table and local sales tax rate comparison table are attached. 154 September 4, 2007 Proposed Sales and Use Tax Ballot Measure Substantial budget reductions have been made to City's budget over the last several years and existing revenues are not adequate to meet the City's health and safety needs. Council directed staff to prepare a ballot measure to ask the voters of the City to increase the level of City sales and use tax. The additional revenue would be earmarked for Police, Fire and other Health and Safety services and facilities. " City Manager Atteberry stated his concern was increasing about the City's ability to provide the existing level of service that citizens want and need. Over the past five years there have been significant budget cuts. At the last work session, Council's direction was for staff to bring forward an option for the Council to consider to fund health and safety matters that are currently unfunded. Additionally, staff had prepared three separate measures in response to the request from Councilmember Brown. The proposal and recommendation was to increase the City's base sales tax rate by an ongoing quarter -cent increase that excluded food and prescription drugs. This increase is $0.25 on a $100 purchase. The quarter -cent sales tax increase would generate approximately $5.5 million annually. Of those funds, 60% or $3.3 million would be used for police services, 20% or $1.1 million, would go to the Poudre Fire Authority and another 20% would go towards health and safety matters. Staff believed health and safety was a much larger matter than just police and fire but also related to air quality, water quality and hazardous waste. The Police Staffing Study, completed in August 2007, identified significant officer and civilian staffing shortfalls. Several areas need to be addressed such as traffic enforcement in neighborhoods and the downtown area, including speeding and other traffic infractions in neighborhoods and arterial streets; timely responses to emergencies and quality of life issues; visual signs of disorder such as noise, party enforcement and graffiti; and thorough investigation of serious and minor crimes. Neighborhood policing with officers actually on the street is not happening at a level that is desirable for a community of this size. The City is not able to provide funding for the level of service expected by the citizens. Office safety is another issue. Poudre Fire Authority does have a Strategic Plan that is data driven and has identified numerous ongoing needs. The top priorities are establishing an additional Battalion Chief position for the southern part of the City, increasing fire company staffing, training and information technology improvements, and new construction at Station 4. The third issue is other health and safety needs. The projects contained in the measure are projects that have been in City plans for some time but the City has been unable to fund them. One example was hazardous and electronic waste disposal and a recycling facility that would be more centrally located in the community. Other projects would be for pollution prevention, air quality monitoring and a mitigation and notification system. Railroad safety issues were another example. Enhancement of the ClimateWise program, an incentive program to educate businesses and citizens to improve the environmental health of the work place and their homes, was another proposed project. Water quality monitoring would not be included in this measure as there are plans to accomplish this monitoring through the water utility. 155 September 4, 2007 The base sales tax rate for Fort Collins is 3%. Fifteen Front Range municipalities were surveyed for sales tax rate comparisons and twelve cities had a higher total local base plus dedicated sales tax rate than Fort Collins. Thirteen cities had a higher total city, county and state sales tax rate than Fort Collins. The last time the City's base sales tax changed was in 1982. The last time property tax changed was in 1991. The City is falling behind on services that the citizens have to come to expect the City to provide. Many citizens do not simply want to stay at status quo. Revenues do not support community expectations. The next opportunity to place a tax issue on the ballot will be November 2008. The demand for police and fire services will increase and the data provided will not change. Police Chief Harrison stated without the funding provided with this measure, there are many service areas that Police cannot provide. The community is safe but there are investigations that cannot be completed. Addressing graffiti issues and noise issues in neighborhoods quickly and with impact is not happening. Traffic is a huge issue in the community and there are not enough officers for neighborhood traffic enforcement to be a regular occurrence. Fire Chief Mulligan stated the top priority for Poudre Fire Authority is a South Battalion which would provide a Chief for the south side of town so when there are multiple alarms, command of the situation can be accomplished rapidly as the Chief would be located closer to the incident. Another priority is to add to company strength by adding an additional firefighter to each shift at Station 10. The Hazardous Materials Unit is located at Station 10 and the ability to respond simultaneously with the Hazardous Materials Unit and a fire engine would be expanded with additional manpower. Currently, that is not possible. An additional training position is also a top priority to keep a high level of training within the department. Marty Heffernan, Director of Culture, Parks, Recreation, and Environment, spoke about the other health and safety issue needs, which is a broad category. Proposed projects include hazardous and electronic waste disposal and recycling facility in Fort Collins, pollution prevention, air quality monitoring, mitigation and notification system, an enhanced ClimateWise program and railroad safety. Much planning has already occurred in recent years regarding environmental health and safety in the community, including the air quality plan in 2004, ClimateWise business plan in 2005, strategic plan for a 50% waste diversion in 2006, local action plan for greenhouse gas emission reduction in 1999 and an action plan for sustainability for the City's internal operations, approved in 2004. There is a need for a hazardous and electronic waste disposal and recycling facility. Household chemicals pose a significant threat to the health and safety of families. Improper disposal of mercury -containing devices may release mercury vapors which are harmful. The outcome of having a waste disposal and recycling facility in Fort Collins would be to create a conveniently located drop- off facility for hazardous materials, would keep hazardous materials out of the landfill and the groundwater, and make it easier for businesses and citizens to recycle and dispose of hazardous waste which will make the community a safer place to live. The Air Quality Plan, adopted by Council, states "recognizing the strong relationship between air quality and human health, the City will, within the scope of its ability, strive to protect and improve the air so that it is healthy to breathe and free of levels of pollution that harm human health." 45% 156 September 4, 2007 ofFort Collins citizens say air pollution affects them by triggering allergies and respiratory problems. The proposal would provide funding for real-time monitoring that would enable citizens with respiratory illnesses to take precautions and understand when particulates in the air reach a dangerous level. The program would monitor air particulates and a warning system would be initiated to let people know when dangerous levels are reached. The enhanced ClimateWise program would be a voluntary program for residences and businesses. The current ClimateWise program is geared towards businesses to help them conserve water, save energy, reduce waste, pollution prevention, and efficient transportation. The proposed enhanced program would expand the ClimateWise program to all businesses in the community that choose to participate as well as to residences. The average American household generates about 20 pounds ofhousehold hazardous waste each year including such things as batteries, household cleaners, home and garden chemicals, paint, used oil, and light bulbs. The enhanced ClimateWise program could have volunteers trained to help businesses and residents understand what hazardous waste is within their buildings, how to manage and dispose of hazardous waste as well as work to reduce consumption and energy use. The enhanced program could provide free home and workplace health assessments, improve indoor environmental quality by reducing hazardous waste, provide the tools and information needed for citizens to protect their health and environment, and help citizens save money by reducing utility bills. Railroad safety is another component of this category of health and safety needs. A new federal law, enacted a year ago, requires train operators to use train horns at intersections unless a quiet zone has been established. Quiet zones must meet certain federal and state safety standards to be established. The railroad safety project would analyze the 20 railroad intersections along Mason Street from Harmony Road to Cherry Street to determine the best methods to create quiet zones. City Manager Atteberry clarified the ballot measure was not an effort to fund Police Services for the Southwest Annexation. The proposed 2008-2009 Budget dedicates all revenues associated with Phase One of the Southwest Annexation specifically to Police Services. This will provide for six new officers and one sergeant to patrol the area. He stated Council had three choices: adopt the resolution as proposed or some modification of the resolution which would place the issue on the ballot; it could consider adopting resolutions that would place each item separately on the ballot; or Council could take no action. George Hoffmann, 1101 Valley Oak Court, spoke against any tax increase as it was unnecessary. Eric Sutherland, 631 LaPorte Avenue, supported a tax that would allow Natural Resources to improve conservation efforts in the city. He felt reducing waste and using resources in a better way was worth increasing the sales tax. Mark Heckenliable, 4237 Cape Cod Drive, stated Fort Collins had a history of not living within the tax base available. Police and Fire Services are basic services to be provided from the current revenues. He did not support any tax increase. Pete Seale, 1837 Scarborough Drive, spoke in favor of improved police services that would help maintain and enhance the quality of life in neighborhoods. The Police Staffing Study did quantify 157 September 4, 2007 the number of police officers needed, but the improvement to citizens' quality of life that increasing the number of police officers would provide should be stressed. Dolores Williams, 415 Mason Court, did not support any tax increase and stated the City should look for other ways to save money. Karen Rose, 5200 Parkway Circle East, called for more openness in City government and stated the public has not been informed as to the need for any tax increase. Past Police Staffing Studies had reached the same conclusion as the current one, yet the City had never acted to provide more police. Priorities in the City's budget need to be reexamined. She did not support any tax increase. Neil McCaffrey, 1331 Silk Oak Drive, stated essential services, such as fire and police, should be funded from the City's budget, The many amenities the City provides should be withdrawn from the budge and put on the ballot and if citizens pass the measure, then they have agreed to pay extra sales tax for amenities such as longer pool hours or maintaining the ice rinks. George Culpepper, Fort Collins citizen, did not support the current form of the ballot measure and asked that the three issues be placed on the ballot as separate issues. He did not support any tax increase as the funding of police and fire services is an essential service the City should be providing. Ed Yonker, 832 Ashford Lane, supported the tax measure and stated the south Battalion Chief position for Poudre Fire Authority was an essential the city needed in order to provide better fire protection. As the city grows, the essential services need to grow, as well. Al Bacilli, 520 Galaxy Court, did not support the proposed sales tax increase. He asked the City to stop refunding vendor fees. Steve Sykes, Southwest Annexation resident, stated essential services, such as fire and police, should be funded from the City's budget. The issue should be split into three questions to let citizens vote individually on the issues. He questioned whether the funding would be enough to provide police and fire services to the Southwest Annexation residents. He did not support the tax measure. Katy Friedenfall, Director of Community Affairs, ASCSU, supported the proposed sales tax increase. Greater funding for police and fire services would be a benefit to neighborhoods. The issues should be separated and citizens allowed to vote on each one separately. Michelle Jacobs, 352 Greentail Drive, Loveland, stated this tax proposal was brought forward in a hasty manner and citizens were not comfortable with the short time frame. The items should be separated and citizens allowed to vote on each one individually as many did not support the obscure, vague "health and safety" needs portion of the ballot measure. Vivian Armendariz, 820 Merganser Drive, opposed the proposed tax measure as she saw no need to increase Police Services. She requested the issues be unbundled as she would support a tax increase dedicated for Fire Services and Health and Safety needs. 158 September 4, 2007 Kevin Westhuis, 2944 Telluride Court, stated the tax proposal, if presented as one measure, would fail and requested the issues be placed individually on the ballot. The data presented to support increased funding for police and fire services was quite convincing, but the vague "health and safety" needs did not appear to be an essential need. Shane Grant, 1455 Freedom Lane, encouraged Council to unbundle the three issues and did not support the "health and safety" portion of the ballot measure. The proposed sales tax measure felt very "rushed." Carrie Gillis, 2213 Timber Creek Drive, stated Council had not had enough time to adequately consider this tax proposal or to offer public outreach on the issue. Police, fire and transportation were basic services the City must provide. The measure did not address transportation needs. The measure should be unbundled and citizens allowed to vote on each issue separately. She did not support the tax measure. Eric Kronwall,1119 Monticello Court, shared his concerns with leaving the measure as one item and requested that Council unbundle the measure and let citizens vote on each item separately. Ray Martinez, 4121 Stoneridge Court, stated each item was important and needed funding, but the matter was too rushed to educate people about the merits of the measure and needed to be separate issues. Bruce Lockhart, 2500 East Harmony Road, did not support the tax measure. David May, 225 South Meldrum, Chamber of Commerce President, stated the Chamber of Commerce had not yet taken a position on the proposed sales tax measure but had many questions that needed to be answered. He questioned why the "health and safety" issue was on the ballot, yet there was nothing that addressed any funding for transportation. He asked what would the impact be on the court system and the jail system with the addition of more police officers. Cheryl Distaso, 135 South Sunset, did not support the proposed sales tax increase. She questioned whether all other avenues of funding had been exhausted and did not think the tax increased was justified. Nancy York, 130 South Whitcomb, stated the tax increase would affect everyone and was not in the best interest of the community. She did not support the sales tax proposal and felt it was "too rushed" and had not received enough public input or evaluation by Council. ("Secretary's Note: The Council took a brief recess at this point in the meeting.) Councilmember Troxell asked if the health and safety portion of the measure would include the creation of a Department of Health and how much time had been given to the preparation of this part of the proposal. City Manager Atteberry stated no new department would be created. Marty Heffernan, Director of Culture, Parks, Recreation, and Environment, stated much work had already been done in the areas covered by the health and safety category, including BFO offers that had been submitted that were associated with these types ofprojects, not associated with the proposed funding 159 September 4, 2007 source. Staff had spent over a week looking specifically at this funding source in association with the projects listed. Councilmember Troxell asked if any transportation projects had been examined when staff was reviewing which projects might be included in the tax proposal. Heffernan stated the train safety issue was the main transportation issue discussed. Staff also looked at the anti -idling program but felt the other projects were more compelling. Councilmember Manvel asked if other health and safety needs that had been identified in the previous BFO process, such as bridge enhancements, might be considered part of the health and safety portion of the proposal. Heffernan stated the umbrella of other health and safety needs is broad and there are many types of projects that could fall within that category. The specific projects listed would be the ones funded first, if the voters passed the proposal. Councilmember Roy asked if this proposal would provide better community relations by allowing citizens to know the police officers in their neighborhoods. Police Chief Harrison stated the additional officers provided by the funding would allow for staffing of each of the districts on a consistent basis and allow for one officer to stay in a specific area instead of bouncing them around the community to wherever the shortage is on a specific day. It would also enable the officers to have time to work with neighborhood groups and to problem solve various issues in neighborhoods, instead of using all of staff time just responding to calls. Solving the root conditions that cause many problems is a much better answer than just responding to the problem. Councilmember Roy asked for clarification about the statement that Police Services was "no longer keeping up, but simply maintaining." Chief Harrison stated when the Old Town Station started in 1996, there were 19 personnel assigned to it. The size of that staff has been reduced to 6 over the last eleven years, keeping a minimum to respond to some of the more focused issues that are in the Old Town area. Two separate units that used to do longer -term problem solving no longer exist. That staff is now in the field, handling calls for service. Although, there is a diminishing crime rate, there are times when violence increases. Previous staffing studies, as well as the current study, all showed that the City needed to move toward a tangible increase in the size of the police force or the department will find itself in a totally reactive mode. Councilmember Roy requested information on the time needed from hiring an officer to having the officer ready to serve the community. Chief Harrison stated from time the job announcement is released to having the officer ready to serve is approximately 14 months. Councilmember Manvel asked if having more police officers might mean there would be less crime so there would be fewer people in jail. Police Chief Harrison stated adding more officers, whether as detectives or street officers, will have an effect on the court system and the jail system, but how great an effect was unknown at this time. The impact of problem solving to eliminate the causes of some crimes would lower the arrest rate by stopping crime before it starts. Councilmember Manvel asked how much coordination existed between the CSU Police and the City's Police and if the coordination was an addition to the City's Police. Chief Harrison stated the CSU Police were an augmentation to the City's force as they are visible in the community. There 160 September 4, 2007 were only about 30 officers with CSU. CSU officers are not dispatched to calls received by the City's dispatch. They are focused primarily on the actual campus and some of the neighborhoods directly adjacent to the campus that have a high student population. In times of emergency, they act the same as a Larimer County sheriff or Colorado State Patrol, when they participate as back-up for the City's Police. The Police Staffing Study did take into account the presence of the CSU Police. City Manager Atteberry stated the Chief of CSU Police participated in the Police Staffing Study and has told City Manager Atteberry that the CSU Police Department and the Fort Collins Police Department have a very good working relationship. Councilmember Poppaw asked for clarification on the comparison of response time of Fort Collins' Police as opposed to other communities and if the regional academy proposed to be funded by the tax increase would be a revenue generator. Chief Harrison stated that comparison depended on the community used, but the City's police response time is high for emergency calls, frequently taking seven minutes or longer. Even with the proposed funding, the regional academy will not be run solely by Fort Collins. It would receive assistance from the Sheriff's Department, Loveland, Longmont and other agencies in the area. At best, it would be "break-even" proposition. Currently, it costs approximately $8,000 to send an officer to the Adams County academy or through the junior colleges available in Colorado. Providing training through a local academy would eliminate the five to seven week mini -academy that is now necessary when an officer comes out of another academy to train the officer in the City's system. A local academy, in the long run, will cost the City less and will generate some revenue from other law enforcement agencies. The academy is a long-term goal, not anything that will be realized in the next few years. The more pressing needs are to improve traffic enforcement and neighbor hood issues. Councilmember Poppaw asked where the revenue from the Library District was used in the Budget. City Manager Atteberry stated the 2006-2007 Budget did not anticipate Library District funds being available. In 2007, he recommended a Transportation Maintenance Fee and Parks Maintenance Fee which together would generate about $3.4 to $3.6 million. Balancing the 2007 budget was based on receiving those fees. At the time the fees were discussed, Council did not want to assume anything concerning the Library District. After the voters approved the Library District, the Council chose to forego the Transportation Maintenance Fee and Parks Maintenance Fee. The Library District dollars were intended to fill the gap left when those fees were not approved. Those funds are filling the gap in the Budget that was left when Council chose not to approve a Transportation Maintenance Fee and Parks Maintenance Fee. Mayor Hutchinson stated some responses from citizens contained the idea that Council is running Budget deficits. It is against State law for the City to run a deficit. The Budget must be balanced. As the City made the transition from the classical budget process to the Budgeting for Outcomes process, there were over $14 million ofprogrammed expenditures that went above abalanced budget level. As part of the BFO process, those expenditures were reduced, including cutting 106 staff positions. There was a long list of planned expenditures removed from the budget. Despite those cuts, in 2007, the second year of the Budget, there was a gap of $3.5 million that just could not be filled by any further cuts. The proposal to cover the gap was to adopt a Transportation Maintenance Fee and a Parks Maintenance Fee. The amount the fees would have generated was close to the funds used for the Library. When the Library District was approved, the Council chose to use those funds to fill the budget gap and not implement the fees. The Library funds were not an extra $3.5 million 161 September 4, 2007 check the City received, but allowed the City to avoid imposing another fee on businesses and residents. The budget had been pared down to the essentials. City Manager Atteberry stated financing the Police building is through Certificates of Participation (COPS) which is a common financing mechanism used by many cities throughout the country. The lease -purchase payment for the new Police building is $1.6 million. The Police building is a state-of- the-art facility with an extra emphasis on the "green" components. It was not built just to be filled with new officers. The Police building has been discussed for over thirty years. It is specifically designed for the growth of the community and the police force. The City has to invest in more police officers and civilian staff to serve the growth of the city. The new building enables Police Services to do a better job with better tools. The old Police building was completely inadequate for the current police force. If building the new facility been deferred and the funds used to hire new officers instead, there would have been no room for those officers in the old building. He addressed the issue raised by a citizen that several tax issues that had been brought forward over the past four or five years. The Building on Basics measure was a $0.25 renewal tax which does sunset and was the one tax issue Council has put forward for voter approval. The Library District was put on the ballot by citizens, not Council. Another citizen -initiated measure put before voters in 2002 was Open Space Yes! which is $0.25 renewable tax and will sunset. He stated the Open Space tax generates about $5.5 million a year. He noted there had not been a property tax increase since 1991. The Larimer County Assessor's office has done reassessments since 1991, but those are not controlled by the City. He addressed one citizen's concern that the Southwest Annexation would create a loss to Poudre Fire Authority ofneeded property tax funds and noted the Citydoes recognize that decrease in funds. When an annexation occurs, Poudre Fire Authority loses funds as a result of property tax. The proposed 2008-2009 Budget does reconcile that issue. Mayor Hutchinson stated one concern raised was that a different Council would take the funds raised by the proposed sales tax increase and direct the funds to other purposes. Staff was specifically directed to draft ballot language that ensured the funds would be used for the specific purposes stated. City Manager Atteberry stated this would be a dedicated tax and any dedicated tax cannot be used for any other general City purposes. Open Space Yes! dollars cannot be used for Police Services or other General Fund purposes. Utility rate fees paid by citizens cannot be used for General Fund purposes. Councilmember Ohlson stated that while the current Council cannot keep future Councils from redirecting General Fund dollars from Police or Fire and use just the revenues raised by the proposed sales tax increase to fund those services, it was very unlikely that future Councils would choose to do so. He requested an information sheet to be provided to the public that would discuss the difference between ongoing funds and one-time funds, Enterprise funds, capital funds, General Fund, and dedicated funds. Most citizens believe that all funds available to the City go into one pot, but that is not true as many funds are restricted in their use. This Council has not proposed any tax increases. Previous Councils have not proposed any tax increases since 1991 when the property tax was increased. The Building on Basics tax was a renewal, a continuation of a $0.25 sales tax that was dedicated for various capital projects. City Manager Atteberry stated the City had a history of not having taxes "in perpetuity." The quarter -cent sales tax issues citizens have voted on have been designated for specific projects. The current issues under discussion mainly involve staffing issues. It is not sound management to fund staffing needs with one-time, expiring taxes. It is acceptable to 162 September 4, 2007 have taxes sunset that are used to fund capital projects, but funding staffing through taxes that will sunset is not. Once the tax expires, those staffing positions would disappear. Councilmember Brown asked how the proposed sales tax would affect business expenditures on capital equipment. City Manager Atteberry stated use tax is based on the sales tax rate so capital equipment would be taxed. Mike Freeman, Chief Financial Officer, stated a comparison of sales tax rates between Front Range communities shows those that have higher sales tax rates also have higher use tax rates. The Council has implemented a use tax rebate program for manufacturing that was both strategic and needed. Councilmember Brown asked if the proposed quarter -cent sales tax was designated only for police could it provide enough funding to totally fund the police force. City Manager Atteberry stated the passage of this sales tax increase would fund police and fire but does not completely solve all the funding problems for police services. If it were designated solely for police, it would solve police funding problems but the Health and Safety Committee, composed of Police Chief Harrison, Councilmember Poppaw, Councilmember Ohlson and City Manager Atteberry, had never approached this proposal with the idea of only funding one portion such as police. All the areas in the proposal need funding. The need for an increase in sales tax to help fund these areas has been under discussion for a year and a half. The intent was to have the Police Staffing Study done well in advance of any deadline to put the issue on the ballot, but circumstances did not allow that to happen. Councilmember Ohlson stated the goal always has been to have the staffing study done much earlier this year, but that did not happen. This has not been a last-minute idea or proposal. Councilmember Roy asked what was the base sales tax rate for the City, when was the last time it was raised and what is the City's ranking in relation to other Front Range communities' sales tax rate. City Manager Atteberry stated the base rate was 2.25% and was last raised in 1982. There are twelve communities that are ranked higher in base plus dedicated rates and when looking at totals of state, county and city, there are 13 communities ranked higher. Councilmember Troxell asked if any of the communities listed in the ranking had a health component in their sales tax rate. City Manager Atteberry stated he needed to do more research to answer that question. He believed most communities had defined public safety as police and fire and did not contain the health component. Councilmember Troxell made a motion, seconded by Councilmember Brown, unbundle the three issues and list each one as a separate ballot measure. Councilmember Troxell stated he supported unbundling the three issues as he had questions that the items, particularly the health issue, were too different to be bundled together. Councilmember Brown stated he believed police and fire should be funded out of the General Fund. The Police and Fire portions were very specific and data driven but the health portion is too vague and 20% of the funds would be spent on that component. It is not specific enough. Many citizens 163 September 4, 2007 had stated they could support a portion of the proposal, but not the whole package. Voters needed to be given a voice and a choice in this matter. Councilmember Ohlson stated the funds raised from the proposed sales tax would be considered General Fund dollars that are earmarked for certain areas, but they would not be capital funds. Health and safety is much more than just police and fire. Public health and safety is specific in the areas listed in the proposal such as the hazardous waste disposal site, air quality program, the train issues, and ClimateWise. Capital projects have been bundled together and have been passed by the voters. Unbundling this proposal would mean breaking out ongoing General Fund items for individual votes. That has not been done before in the City. Leaving the issues together as one proposal would gamer more support as most people will decide that, overall, they can support most of what is in the proposal. He did not support unbundling the issues. Councilmember Manvel stated he believed the proposal had a better chance of passage if it were left as one measure. Many of the capital projects previously passed as part of a package proposal probably would not have passed if they had been listed as stand-alone issues. But since they were packaged together, people voted for the package as they saw something in the package they could support. The same is true of this proposal. It will garner support from different groups and receive more support than the issues would if placed on the ballot individually. Councilmember Roy did not support unbundling the proposal into three separate issues. All of the components of the proposal, including the health and safety portion were all basic health and safety issues and essential to the community. Councilmember Poppaw stated the health and safety component was extremely important. All three components should be considered as one measure. Councilmember Brown stated there had not been enough time to thoroughly discuss the proposal, especially the health component as it is too vague. Many citizens have stated they do not want this proposal left as one measure. Council should listen to the citizens. Councilmember Troxell stated having each issue stand on its own merit was the most honest and forthright way to take this proposal forward. Councilmember Ohlson stated Council was elected for its judgment and decisions must be made based on what Council judges is best for the City. His judgment was that it was best to keep the three issues as one measure. Councilmember Manvel stated the health component would only cost five cents on every $100 purchase and many people might think it is worth the cost to address the health issues. Councilmember Roy stated the word "bundled" seemed to imply disparate items linked together. These items are very similar and are not "bundled" but are an issue to be put in front of the voters. Mayor Hutchinson stated there should be greater trust in the voters that they would research the issues and make the best decisions. Treating the proposal as three separate issues would also allow 164 September 4, 2007 for the opportunity to add more detail to the health issue and give more information about those needs. The merits of the health issue are not well defined yet. In the past, two transportation issues that were "bundled" both failed. Allowing the voters the choice of voting on each issues separately is a better choice. The vote on the motion was as follows: Yeas: Brown, Hutchinson, Troxell. Nays: Manvel, Ohlson, Poppaw, Roy. THE MOTION FAILED. Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Resolution 2007-082. Councilmember Manvel stated there was time to educate the public about the components of the proposal, especially the health issues. The health component contained important projects to address issues that face the community and have not been funded. Mayor Hutchinson stated there are certain items contained within the proposal that will resonate with people. It is possible that further study into the health issues will result in projects that can be funded out of the General Fund. Councilmember Roy stated since 1982 the base tax rate for Fort Collins has been 2.25%. In the past five years, $15 million has been cut from the City's budget and 106 staff positions have been eliminated. The only option to provide the types and quality of services the citizens want and expect is to change the price of government for the City. The budget is very lean and there is not much left that can be cut. Most citizens are willing to support those things that give value to the community. Fort Collins has to either provide more funding for the services demanded by its citizens or it has to make more drastic and deep cuts than have been made in the past. Support of this tax proposal gives a great opportunity to continue working to build a community that Council and the citizens can be proud of and enjoy living in. Councilmember Troxell stated the tax proposal raises the price of government but does not provide a commensurate benefit to the citizens. Bringing forward a tax proposal before Council goes through the budgeting and prioritization process is a backwards process and does not serve the citizens. Councilmember Manvel asked if Councilmember Troxell would support a general quarter -cent sales tax increase with no funds designated for any specific areas. Councilmember Troxell did not support any tax increase until the budgeting process was complete and priorities were set. Mayor Hutchinson stated the Council had made good fiscal decisions that were based on data. The Budget is the single most important issue Council decides. The Budgeting for Outcomes process is focused and allows for good decisions to be made. Council has decided the seven outcomes the citizens need from the City. Nothing is put into the Budget unless there is proof it will contribute to one or more of the Outcomes. The need is defined first. Then options are defined to try to satisfy 165 September 4, 2007 the needs, then funding talks can occur. The health component of the tax proposal does not fit with the process of defining the problem first. Councilmember Ohlson stated the idea of passing a quarter -cent sales tax increase and merely designating it for General Fund purposes and not the specific purposes listed in the proposal, then prioritizing where the greatest needs are for those funds, would accomplish the same end result as the tax proposal that is currently on the table. Police and Fire and other community health and safety issues would be on the forefront of the needs list. Councilmember Brown stated asking the voters to approve a sales tax increase without any specific direction was not acceptable. Mayor Hutchinson stated in order for people to support taxes, they must understand specifically what the funds are for. Just asking for a tax increase for General Fund will not be supported by the citizens. Issues that are specifically defined have a much greater support from the voters than any general proposal. The Police and Fire issues are well defined and have strong data to support them, but the third issue is less strong. Councilmember Manvel stated being as definite and specific as possible with any tax proposal increased its chances of passage. There is time before the actual election to refine the projects and to educate the public. Councilmember Poppaw stated the proposal puts forward a funding solution to issues that have been identified for a long time and will not go away. All three issues in the proposal reflect the community's values such as clean air, clean water, police and fire and safety. Councilmember Manvel stated the changes in the train law in the past year has brought the train issue to the forefront, especially for the Mason Corridor. Changes are coming to the ozone standard and the City will not be in compliance with those new standards. Electronic waste is a relatively new issue that has just come before Council in the past year. Many things are changing that are addressed by the third item in the proposal. Councilmember Roy stated Poudre Fire Authority did not participate in the last Budgeting for Outcomes process. Council chose not to cut funding for either Police Services or Poudre Fire Authority in the last budgeting process. City Manager Atteberry clarified that Police Services did go through the BFO process last time and one major Police issue that did not get funded in the 2006- 2007 Budget was the scheduled enhancements for five new officers and two civilians and two positions were eliminated. Poudre Fire Authority did not go through BFO but has done so for the proposed 2008-2009 Budget. Councilmember Ohlson stated an Air Quality Plan and a Solid Waste Management Plan have been in place for years. There an Environmental Action Plan that has never been enacted. The City has a Sustainability Plan and ClimateWise Program that have been in place much longer than the current Police Plan. These components of the proposal are as well defined as the police component and the fire component. These local issues need to be resolved before any vote should come on a regional transportation proposal. 166 September 4, 2007 Councilmember Poppaw stated postponing this proposal would be unwise. Councilmember Brown stated he could not support the tax proposal as police and fire should be funded out of the General Fund. He did not believe this proposal should move forward as one measure as it did not allow the citizens to speak their minds and make their choices. Councilmember Roy stated all the issues in the proposal were well defined and had been discussed in past years. They were not new. This issue was about the price of government. While there may not be a perfect time to bring forward a tax proposal, losing this opportunity is not a good decision. Mayor Hutchinson stated this was a tough issue. Providing the levels of police and fire protection that the people of the City demand and expect requires more revenues than the City has available. The Council has worked hard to produce a budget that is lean and efficient. There is no "fat' in the budget. There is only a six -week time frame to organize an educational campaign that would be necessary to convince voters this proposal is a positive benefit to the community. The health issue is a controversial part of the proposal that is now left as one measure. The current proposal does not give the voters the choices they deserve. Councilmember Poppaw stated delaying the proposal would mean an even greater delay in putting more police officers on the street. All the needs in the proposal, including the health issues, are identified needs that have been underfunded for years. They are not arbitrary items. Waiting to put the issues before the voters will compound the current problems. Mayor Hutchinson stated Council was in a time crunch and did not a chance to understand the issues fully themselves or educate the public. Too many of the issues were undefined. He did not understand why ClimateWise was included in the health issue as it was a program that helps businesses operate more efficiently to save resources and energy and that was not public health and safety. Councilmember Ohlson stated ClimateWise had a pollution prevention element, using less energy meant using less energy produced by the coal -burning power plant so it did have a strong health and safety element. The vote on the motion was as follows: Yeas: Roy. Nays: Brown, Hutchinson, Manvel, Ohlson, Poppaw and Troxell. THE MOTION FAILED. Executive Session Authorized Councilmember Manvel made a motion, seconded by Councilmember Poppaw, that the Council adjourn into Executive Session as authorized by Section 2-31(a)(2) and Section 2-31(a)(3) of the City Code for the purpose of discussing the possible acquisition and/or sale of real property and any related legal issues. Yeas: Brown, Hutchinson, Manvel, Poppaw, Roy, and Troxell. Nays: Ohlson 167 September 4, 2007 THE MOTION CARRIED. ("Secretary's Note: The Council adjourned into Executive Session at 10:40 p.m. and reconvened following the Executive Session at 10:55 p.m.) Adjournment The meeting adjourned at 10:55 p.m. Mayo ATTEST: i City Clerk v [MI.]