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HomeMy WebLinkAboutMINUTES-06/15/2010-RegularJune 15, 2010 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 15, 2010, at 6:00 p.m. in the.Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and Roy. Councilmembers Absent: Councilmember Troxell arrived at 7 p.m. Staff Members Present; Atteberry, Krajicek, Roy. Citizen'Particination Eric Sutherland, 3520 Golden Currant, spoke regarding the potential wind farm at the Maxwell Ranch and asked that the City consider purchasing wind power from that farm. Deirdre Sullivan, The Family Center Board of Directors President, thanked Council for CDBG grant support. Mary Carraher, Project Self Sufficiency, 1000 Centre Avenue, thanked Council and staff for support of human services. Jeffrey Basinger, Northern Colorado AIDS Project Executive Director, 400 Remington, thanked Council for its support of the organization. Vivian Armendariz, 820 Merganser Drive, expressed concern regarding Dial -a -Ride services. Chadwick Martinez, CARE Housing Executive Director, 1303 West Swallow, thanked staff and Council for CDBG funds and support. Sandy Lemberg, Poudre Canyon resident, expressed concern regarding the Tim Masters settlement and the fact that the City has not acknowledged responsibility. He expressed concern regarding police officers in the North College area. Linda Preston, BASE Camp Executive Director,1241 Riverside, thanked Council for its support and CDBG funds. Alison Dowson, Disabled Resource Services, 424 Pine, Suite 101, thanked Council for CDBG funds and support. 324 I June 15, 2010 Heather Budniconti, Food Bank for Larimer County, 1301 Blue Spruce, thanked Council for CDBG funds and support. Jennifer Jones, Crossroads Safehouse, thanked Council for CDBG funds and support. Bill Slye, 1644 Foxbrook Way, opposed the recall election procedure. Kevin Cross, Fort Collins Sustainability Group, 300 Peterson, spoke regarding recycling and solid waste diversion proposals in the Climate Action Plan. Gary Wockner, 516 North Grant, thanked Councilmembers for their service to the community. Stacy Lynne, 216 Park Street, spoke regarding Fort Collins' membership in ICLEI. Bruce Lockhart, 2500 East Harmony Road, opposed any type of mandatory recycling. Susan McFaddin, 6021 Wild View, thanked Councilmembers for their service and opposed the recall election. Ray Martinez, 4121 Stoneridge Court, opposed turning off water features at City parks, particularly Inspiration Playground. Citizen Participation Follow-up Councilmember Roy asked that staff respond to Mr. Cross' comments regarding solid waste diversion. City Manager Atteberry replied a written response will be provided to Council and Mr. Cross. Councilmember Poppaw thanked the representatives from the groups that had received CDBG funds for their contributions to the community. Councilmember Manvel thanked the organizations that had received CDBG funds. Councilmember Ohlson disagreed with the use of the Maxwell Ranch as a wind farm. He asked for a follow-up regarding the Citizen Review Board. He noted construction on two parks proposed for the south side of town is being postponed due to budget concerns and spoke regarding climate change occurring as a result of increased population. City Manager Atteberry replied the Citizen Review Board is a Council -appointed board created specifically to hear citizen complaints regarding Police Services or other issues. Mayor Hutchinson thanked the Citizen Review Board members for their service. 325 June 15, 2010 Agenda Review City Manager Atteberry postponed Item No. 21, First Reading of Ordinance No. 079, 2010, Authorizing the Conveyance of a Non -Exclusive Drainage Easement and Non -Exclusive Access Easement on City Property to New Prospect, LLC, to July 6, 2010. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the May 18 and June 1 2010 Regular Meetings. 7. PostponementofSecond ReadingofOrdinanceNo.057 2010 Appropriating Unanticipated Grant Revenue in the General Fund for the Coca-Cola and Angell's Delicatessen Sign Located on Mountain Avenue to July 20, 2010. On May 18, 2010, Council unanimously adopted Ordinance No. 057, 2010, on First Reading. Council has requested information on the choice and methodology for the restoration of the Coca-Cola and Angell's Delicatessen "Ghost" signs. Staff needs additional time to gather the requested information from the large number of stakeholders in this project and requests postponement of Second Reading of this Ordinance until July 20, 2010. 8. Second Reading of Ordinance No. 063 2010 Appropriating Prior Year Reserves in the Cultural Services Fund for Transfer to the Capital Projects Fund and Appropriating Unanticipated Revenue in the Capital Projects Fund for the Building on Basics Lincoln Center Renovation Project. This Ordinance, unanimously adopted on First Reading on May 18, 2010, appropriates additional funding for the Lincoln Center renovation in the amount of $1.4 million. 9. Items Relating to the Poudre River Public Library District. A. Second Reading of Ordinance No. 064, 2010, Amending Chapter 7.5, Article II and Chapter 8, Article III of the City Code to Discontinue the Library Capital Improvement Expansion Fee. B. Second Reading of Ordinance No. 065, 2010, Repealing Chapter 23, Article VII of the City Code Regarding the Care and Custody of the Library. Ordinance No. 064, 2010, discontinues the current library expansion fee imposed on residential properties in Fort Collins, and eliminates the library capital improvement expansion account within the capital improvement expansion fund. Ordinance No. 065, 2010, repeals the last remaining City Code reference to the library, dealing with the care and custody of the library, which now belongs to the Library District. Both Ordinances were unanimously adopted on First Reading on June 1, 2010. 326 June 15. 2010 10. Second Reading of Ordinance No. 066, 2010 Amending Section 1-15 of the Cites Relating to General Penalties. On January 5, 2010, Council amended City Code to add the traffic calming surcharge to citations for bicycle violations. The traffic calming surcharge is to be assessed on what would be considered a violation where one (1) or more points would be assessed to a motorist. The original ordinance could be interpreted to require the surcharge on all bicycle violations. This Ordinance, unanimously adopted on First Reading on June 1, 2010, will ensure the surcharge is applied to any moving violation where at least one point is assessed. 11. Second Reading of Ordinance No. 067, 2010, Amending Section 26-279 of the City Code to Allow Additional Means of Determining Wastewater Volume as the Basis for Wastewater Service Fees and Charges. This Ordinance, unanimously adopted on First Reading on June 1, 2010, allows Utilities to establish an alternate means for determining wastewater volume for typical applications used in manufacturing processes by some of the City's industrial and large commercial customers. Examples include cooling towers and other equipment or processes where a measurable reduction in wastewater discharge can be determined and metered. The reduction would generally be established for a specific process rather than facility as a whole. 12. Second Reading of Ordinance No. 069, 2010, Amending Section 4 of Ordinance No. 025, 2010, to Change the Meaning of the "Same Ownership" Requirement as Applied to Existing Medical Marijuana Businesses That Wish to Apply for Licensing under Chapter 1.5, Article XVI of the City Code. Ordinance No. 069, 2010, unanimously adopted on First Reading on June 1, 2010, clarifies the licensing process for existing medical marijuana businesses. This Ordinance states that existing businesses applying for a Medical Marijuana Business License must list at least one original name from the City sales tax license on the application. 13. Second Readin¢ of Ordinance No. 070, 2010, Vacating a Portion of Right-of-way as Dedicated on the Plat of Richard's Lake PUD, Filing One. Prior development proposals dedicated street networks on Hearthfire PUD, First Filing and Richard's Lake PUD, Filing One. Since that time, a development proposal entitled Water's Edge has been submitted that shows a different street layout than was originally platted. Therefore, a portion of the previously dedicated right-of-way for the streets is no longer necessary and is proposed for vacation at this time. This Ordinance, unanimously adopted on First Reading on June 1, 2010, vacates a portion of the right-of-way as dedicated on plat of Richard's Lake PUD, Filing One, located south of Douglas Road and west of Turnberry Lane. The right-of-way vacation on Hearthfire PUD, First Filing is proposed under a separate ordinance. 327 June 15, 2010 14. Second Reading of Ordinance No. 071, 2010 Vacating a Portion of Right-of-wav as Dedicated on the Plat of Hearthfire PUD, First Filing. Prior development proposals dedicated street networks on Hearthfire PUD, First Filing and Richard's Lake PUD, Filing One. Since that time, a development proposal entitled Water's Edge has been submitted that shows a different street layout than was originally platted. Therefore, a portion of the previously dedicated right-of-way for the streets is no longer i necessary and is proposed for vacation at this time. This Ordinance, unanimously adopted on First Reading on June 1, 2010, vacates a portion of the right-of-way as dedicated on the plat of Hearthfire PUD, First Filing, located south of Douglas Road and west of Turnberry Lane. The right-of-way vacation on Richard's Lake PUD, First Filing is proposed under a separate ordinance. 15. Items Relating to the Completion of the 2010 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing the Federal Community Development Block Grant (CDBG) Program the Home Investment Partnership (HOME) Program, and the City's Human Services Program. A. Public Hearing and Resolution 2010-033 Approving the Programs and Projects That Will Receive Funds from the Federal Community Development Block Grant (CDBG) Program and the City's Human Services Program. B. First Reading of Ordinance No. 073, 2010, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. C. Public Hearing and Resolution 2010-034 Approving the Fiscal Year 2010 Home Investment Partnerships (HOME) Program for the City of Fort Collins. D. First Reading of Ordinance No. 074, 2010, Appropriating Unanticipated Revenue in the Home Investment Partnerships Fund. Resolution 2010-033 will complete the 2010 spring cycle of the competitive process for allocating City financial resources to affordable housing programs/projects and community development activities by listing the specific programs/projects that will receive funding starting October 1, 2010. Ordinance No. 073, 2010, appropriates the City's FY 2010 CDBG Entitlement Grant. from the Department of Housing and Urban Development (HUD). Resolution 2010-034 establishes the major funding categories within the HOME Program for the FY 2010 program year, which also starts on October 1, 2010. Specific projects for the use of HOME funds will be determined in November as a result of the 2010 fall cycle of the competitive process. 328 June 15, 2010 Ordinance No. 074, 2010, appropriates the City's FY 2010 HOME Participating Jurisdiction Grant from HUD. 16. First Reading of Ordinance No. 068, 2010, Making Various Amendments to the City of Fort Collins Land Use Code. Staff has identified a variety of proposed changes, additions and clarifications in the 2010 annual update of the Land Use Code. 17. First Reading of Ordinance No. 075, 2010, Amending Section 5-265 of the Citv Code Relating to Occupant Disclosure Statements. This Ordinance amends the City Code requirement for occupancy disclosure statements and will require notarized signatures or electronic verification only on lease transactions, not on sales. 18. First Reading of Ordinance No. 076, 2010, Authorizing the Acquisition by Eminent Domain Proceedines of Certain Lands Necessary for the Rangeview Adult Community Utility Improvements Project. The City Utilities Department has planned a project to install new utility improvements along West Harmony Road on a property owned by Rangeview Adult Community Condominium Association (the "Association"). The new utility improvements will include the installation of two utility switches to improve safety and system reliability. The City will construct the improvements this summer. The Project requires the acquisition of a utility easement from the Association. Due to the restrictive bylaws of the Association, the Association and the City have agreed to use eminent domain procedures to accomplish this acquisition. 19. First Reading of Ordinance No. 077, 2010, Authorizing a Ratification and Agreement with Larimer Energy, LLC for the Landfill Methane Gas Project and Authorizing the Use of City - Owned Property. In 2008, Larimer County entered into a Landfill Gas Purchase Agreement ("Gas Agreement") with Timberline, Energy, LLC. The Gas Agreement was assigned in 2009 to Larimer Energy, LLC ("Larimer Energy"). The Gas Agreement allows Larimer Energy to install a landfill gas recovery system on landfill property, collect the methane gas, and sell the gas to a commercial energy user. The Gas Agreement gives Larimer Energy the right to exclusive use of a portion of the landfill property for a period of at least twenty years, and the right to build a facility on the property. This Ordinance authorizes the City of Fort Collins to enter into an agreement with Larimer Energy and the City of Loveland, ratifying the Gas Agreement, and consents to Larimer Energy's use of the jointly -owned landfill property. 329 June 15, 2010 20. First Reading of Ordinance No. 078, 2010, Amending Ordinance No. 086, 2009, to Adjust the Annual Lease Rate of City -Owned Property at 3620 Kechter Road. The City has owned and leased the property located at 3620 Kechter Road since 2002. This property is the smallest in acreage of the three developed horse properties that the City leases; yet, it has one of the highest monthly rents that the City charges on its rental properties. This Ordinance amends Ordinance No. 086, 2009, to reduce the monthly rent from $19,200/year to $15,600/year to retain tenant residency on a continuing basis. 21. First Reading of Ordinance No. 079, 2010, Authorizing the Conveyance of a Non -Exclusive Drainage Easement and Non -Exclusive Access Easement on City Property to New Prospect LLC. New Prospect, LLC (the "Developer") is planning a development in the 800 block of East Prospect called New Prospect (the "Development"). As part of the requirements and design of the Development, the Developer has requested to purchase two easements on Mallards Nest Natural Area, owned by the City's Natural Resources Department. The easements consist of a drainage easement to meet the required stormwater retention criteria and stormwater outfall to Spring Creek and an access easement providing a pedestrian connection from East Prospect Road to the Spring Creek Trail. 22. Routine Deeds and Easements. The Downtown Alley Improvements Project is a joint project between the City of Fort Collins and the Downtown Development Authority ("DDA"). Improvements for two alleys are being constructed this summer. The alleys are Montezuma Fuller Alley and the Old Firehouse Alley. Consideration for the temporary construction easement is being paid by the DDA. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 8. Second Reading of Ordinance No. 063, 2010, Appropriating Prior Year Reserves in the Cultural Services Fund for Transfer to the Capital Projects Fund and Appropriating Unanticipated- Revenue in the Capital Projects Fund for the Building on Basics Lincoln Center Renovation Project. 9. Items Relating to the Poudre River Public Library District. A. Second Reading of Ordinance No. 064, 2010, Amending Chapter 7.5, Article II and Chapter 8, Article III of the City Code to Discontinue the Library Capital Improvement Expansion Fee. B. Second Reading of Ordinance No. 065, 2010, Repealing Chapter 23, Article VII of the City Code Regarding the Care and Custody of the Library. 330 June 15, 2010 10. Second Reading of Ordinance No. 066, 2010, Amending Section 1-15 of the City Code Relating to General Penalties. 11. Second Reading of Ordinance No. 067, 2010, Amending Section 26-279 of the City Code to Allow Additional Means of Determining Wastewater Volume as the Basis for Wastewater Service Fees and Charges. 12. Second Reading of Ordinance No. 069, 2010, Amending Section 4 of Ordinance No. 025, 2010, to Change the Meaning of the "Same Ownership" Requirement as Applied to Existing Medical Marijuana Businesses That Wish to Apply for Licensing under Chapter 15, Article XVI of the City Code. 13. Second Reading of Ordinance No. 070, 2010, Vacating a Portion of Right-of-way as Dedicated on the Plat of Richard's Lake PUD, Filing One. 14. Second Reading of Ordinance No. 071, 2010, Vacating a Portion of Right-of-way as Dedicated on the Plat of Hearthfire PUD, First Filing. Ordinances on First Reading were read by title by City Clerk Krajicek. 15. Items Relating to the Completion of the 2010 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing the Federal Community Development Block Grant (CDBG) Program, the Home Investment Partnership (HOME) Program, and the City's Human Services Program. B. First Reading of Ordinance No. 073, 2010, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. D. First Reading of Ordinance No. 074, 2010, Appropriating Unanticipated Revenue in the Home Investment Partnerships Fund. 16. First Reading of Ordinance No. 068, 2010, Making Various Amendments to the City of Fort Collins Land Use Code. 17. First Reading of Ordinance No. 075, 2010, Amending Section 5-265 of the City Code Relating to Occupancy Disclosure Statements. 18. First Reading of Ordinance No. 076, 2010, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Rangeview Adult Community Utility Improvements Project. 331 June 15, 2010 19. First Reading of Ordinance No. 077, 2010, Authorizing a Ratification and Agreement with Larimer Energy, LLC for the Landfill Methane Gas Project and Authorizing the Use of City - Owned Property. 20. First Reading of Ordinance No. 078, 2010, Amending Ordinance No. 086, 2009, to Adjust the Annual Lease Rate of City -Owned Property at 3620 Kechter Road. 26. First Reading of Ordinance No. 080, ,2010, Calling a Special Municipal Election to Be Held in Conjunction with the November 2, 2010 Larimer County General Election. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and approve the Consent Calendar as modified. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and Roy. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Manvel thanked the CDBG Commission for their work awarding CDBG funds. Staff Reports City Manager Atteberry stated a DUI checkpoint in Fort Collins over Memorial Day weekend resulted in 28 DUI arrests. Clark Mapes, City Planner, discussed the Plan Van Tours offered by the Advance Planning Department. The tours explore City planning projects and issues. Councilmember Reports Councilmember Poppaw stated she attended the Villages on Stanford ribbon cutting ceremony. The development is sustainable and serves lower -income residents. Councilmember Kottwitz gave an update regarding Save the Splash and noted the two water features which have been turned off are the only two on the south side of town. Residents have raised approximately $12,000 to help fund the water features and the Inspiration Park feature should be turned on in a few days. ("Secretary's note: Councilmember Troxell arrived at 7:00 p.m.) Ordinance No. 080, 2010, Calling a Special Municipal Election to Be Held in Conjunction with the November 2, 2010 Larimer County General Election, Adopted on First Reading The following is staffs memorandum for this item. 332 June 15. 2010 "EXECUTIVE SUMMARY This Ordinance calls a Special Municipal Election to be held in conjunction with the November 2, 2010 Larimer County General Election, and preserves the opportunityfor Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot it would need to do so no later than at its August 17 meeting. If Council does not take action by resolution before the statutory deadline (September 3) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 2, 2010 ballot. However, for the past several months City staff has been conducting a community dialogue about how to address pressing, unfunded needs in street maintenance, police, fire, parks and recreation. Staff recommends that voters have an opportunity to decide via an election. Adoption of this Ordinance is a required step in preserving the option for City Council to submit a sales tar increase to the voters should they so choose. BA CKGRO UND/DISCUSSION At the City Council Work Session held on March 23, 2010, staff presented information about pressing, unfunded needs in street maintenance, police, fire, parks and recreation. City Council feedback was to proceed with a community dialogue about Resourcing Our Future. The dialogue was structured around three key questions: How should the community address the pressing, unfunded needs in street maintenance, police, fire, parks and recreation? Do we cut more services? If so, which ones? Do we add more resources? If so, which option? Staff has identified and thoroughly documented information about the immediate needs for additional resources in four key areas of local government. STREET MAINTENANCE Additional resources are needed to maintain streets, fill potholes and make basic repairs. The need for street maintenance to maintain currentpavement quality is approximately $6.5 million annually above the 2010 adopted budget level of $7.1 million. This cost does not include resources to meet other pressing transportation needs, such as bridge repair and replacement; new roads, interchanges and other capital improvements; improvements in safety at school zones; neighborhood traffic calming; new bike lanes and sidewalks; and transit service. Impact to community: 333 _ 4 June 15, 2010 Overall pavement conditions are deteriorating; more potholes are prevalent and structural roadway concerns will soon begin to show. Funding for street maintenance was reduced by more than $2 million in 2010. As conditions continue to deteriorate due to delayed maintenance, replacement and repair costs become significantly more expensive. POLICE SER VICES Additional resources are needed for City Police Services to maintain current levels of service and make minimal enhancements. An additional 33 officers and 15 civilians are needed to provide the level of service expected by the community. The need is approximately $4.6 million per year. Impact to community: • Capacityfor response to non -emergent crimes (e.g., car break-ins) and proactive problem - solving continues to deteriorate • Difficult to maintain appropriate staffing levels for basic police protection and dispatch • New resources are needed to maintain existing services levels and make minimum improvements in these areas: o More neighborhood patrolling o Increased traffic patrol 0 More party and noise enforcement o Safer Downtown during day and evening PO UDRE FIRE AUTHORITY Additional resources for Poudre Fire Authority are needed to serve growing demands in south Fort Collins, as well as enhanced Emergency Management. The need is approximately $3.2 million per year. Impact to community: Additional funds will be used to maintain appropriate staffing and make limited improvements o Reduced response times to emergencies 0 Improved emergency scene management to better protect citizens, businesses and property o Help to maintain Insurance Services Office (ISO) ratings, which in turn helps minimize increases in insurance costs for residents and businesses. The ISO recently reduced PFA 's rating from a 3 to a 4 (1 = best, 10 = worst). PFA estimates this rating change will cost Fort Collins home and business owners an estimated $3.5 million due to increased premium costs. o Increased ability to respond to simultaneous alarms 334 June 15. 2010 o Increased preparedness, mitigation, response and recovery for emergencies, threats and disasters a Improved firefighter safety through better safety oversight and emergency coordination l PARKS AND RECREATION Additional resources are needed for parks maintenance and to preserve recreation services. The need is approximately $2 million per year ($1 million for parks maintenance and $1 million for recreation). Impact to community: Because of ongoing cuts to Park Maintenance funds, City parks are beginning to deteriorate; additional resources are needed to keep our parks clean and well maintained (e.g., replacing play equipment, keeping parks litter free, weed control). The City is currently using $900, 000 of reserves to fund Recreation, which will run out in 2013. If General Fund support for Recreation is not restored, service levels will be severely impacted. Either a major facility, like the Senior Center, the Northside Aztlan Community Center, or Edora Pool Ice Center, (EPIC) will need to close entirely, or staffing and programming will need to be drastically cut and,hours ofoperation atfacilities dramatically reduced. Cuts would be made to the programs that receive the greatest General Fund support. There are several key dates that should be kept in mind if the City Council chooses to pursue a special election in November seeking an increase in the City's base sales tax rate. June 15 First Reading of an ordinance calling a special election for November 2. Article VIII, Section 2 of the City Charter requires that a special election be called by ordinance. In order to meet the statutory deadline to enter into an intergovernmental agreement with Larimer County for the conduct of the election, this Ordinance must be adopted prior to August 24, 2010. • July 6 Second Reading of the ordinance calling the special election. • August 17 Council considers Resolution to submit measure to the ballot with final ballot language • October 12 (approximately) First date ballots will be mailed • November 2 Election Day" Mayor Hutchinson noted this ordinance calls a Special Election to be held in conjunction with the November 2, 2010, Larimer County General Election and preserves the opportunity for Council to place a measure on that ballot. If Council decides the voters should have the opportunity to decide 09si June 15, 2010 how to address unfunded needs in the community, a resolution certifying ballot language to Larimer County will be placed on the agenda of the August 17 regular City Council meeting. City Manager Atteberry stated Resourcing Our Future meetings have been held as a result of discovering underfunded and unfunded budget items. Local residents noted Fort Collins has a tremendous quality of life which they do�not want to see diminished. However, residents want the City to remain focused on high -priority items including transportation and economic health. Residents would like the City to continue to look for cost -saving measures but would like voters to decide about an increased or additional tax. This Ordinance would preserve the option to have further discussions regarding placing a sales tax increase item on the ballot. The current economic situation has been a result of primary -employment reductions, regional retail competition, intemet sales, and the national economic downturn. The City has been working on cuts and increased efficiencies in preparation since 2005. Fort Collins has the second lowest sales tax rate among comparable Front Range cities and its base sales tax rate has not changed since 1982. This Ordinance does not set any ballot language or determine any type of tax increase. Mayor Hutchinson noted Fort Collins' sales taxes do not apply to food and prescriptions. Gary Wockner, 516 North Grant, asked if this is the right time to ask for a tax increase, given the state of the economy, whether discussing a tax increase in this time of national anti -tax sentiment is appropriate, and whether City funds should be used to assist with development. David May, Fort Collins Chamber of Commerce President, 225 South Meldrum, discussed lowering a proposed tax increase amount and thanked staff and Council for its fiscal leadership. Jessica MacMillan and Dan Ortiz, Parks and Recreation Board Co -Chairs, supported the Ordinance. Ray Czaplewski, 2012 Huntington Circle, supported the Ordinance. Gary Thomas, Transportation Board Chair, supported the Ordinance. Vivian Armendariz, 820 Merganser Drive, opposed an increase in revenue for Police Services. Stacy Lynne, 216 Park Street, asked how requested increases in Police Services staffing were determined and asked what other priority community needs would be funded by a potential tax increase and whether the cost of the special election was included in the 2010 budget. Stu MacMillan, 1928 Louden Ridge Road, supported the Ordinance. Shorter Rankin, 1601 North College, supported the Ordinance. Doug Johnson, 827 Remington, supported the Ordinance. Ryan Keiffer, 336 East Magnolia, supported the Ordinance. 336 June 15, 2010 Gary Stein, Fort Collins resident, supported the Ordinance. Lloyd Walker, 1756 Concord Drive, supported the Ordinance and encouraged Council to examine other methods of accruing revenue, such as an increased lodging tax. Patty Spencer, Downtown Development Authority Chair, supported the Ordinance and asked that no funds be specifically set aside for certain uses. Ray Martinez, 4121 Stoneridge Court, supported the Ordinance but suggested the tax not be deemed permanent and voters should be allowed to determine where funds are allotted. Mr. Martinez also suggested diverting open space tax revenue to other needs for two or three years. Pete Seale, 1837 Scarborough Drive, supported the Ordinance. Eric Sutherland, 3520 Golden Currant, opposed the Ordinance, stating other revenue sources have not appropriately been examined. Edmund Robert, 1923 Linden Ridge Drive, supported the Ordinance. Doug Brobst, 1625 Independence Road, supported the Ordinance. Mary Atchison, 424 Pine Street, supported the Ordinance. Rich Shannon, 2906 Silver -wood Drive, supported the Ordinance and stated the City relies too heavily on sales tax revenue and should instead consider increasing or instituting fees to provide a _ more consistent revenue source. Jim Reidhead, 4745 Wheaton Drive, supported the Ordinance. Bruce Lockhart, 2500 East Harmony Road, opposed the Ordinance. Heather Matthews, 230 North McKinley Avenue, supported the Ordinance. ("Secretary's Note: The Council took a brief recess at this point in the meeting.) Councilmember Kottwitz asked about the cost of the election and if that amount would be different on an April ballot versus November: City Clerk Krajicek replied this election has been budgeted for November. A November election is typically budgeted on the chance it will be needed. Should this election occur in April 2011, during the regular City election, the only additional cost would be approximately $30,000 for the TABOR notice. Councilmember Kottwitz expressed concern that only one option was presented as a possibility for the ballot item. City Clerk Krajicek replied typically, there is no mention of the specific item at this point; this ordinance calls the Special Election and preserves the option to place an item on the ballot. 337 June 15, 2010 Councilmember Kottwitz asked if a clause could be included in the Ordinance which would outline the intent of the special election. City Attorney Roy replied Council could opt to include a clause that would explain the context of the special election. Mayor Hutchinson noted Council will be creating ballot language as soon as possible; that will not wait until August 17th. Councilmember Troxell expressed concern that the proposed tax is currently simply a General Fund revenue source without a prioritization process in place. Efficiencies within the City need to be examined and the process should be explained for creating priorities. Mayor Hutchinson replied the process will begin with determining whether or not to continue the conversation by moving forward with this Ordinance. The recommendation from the City Manager is a starting point from which to begin the conversation regarding ballot language. City Manager Atteberry stated the initial staff recommendation has been very well thought out; staff is now looking for direction from Council as to how that should be processed. August 17th is the final date for ballot language to be complete. City Manager Atteberry noted the next regular Council meeting is July 6`h; therefore Council would not have the opportunity to formally consider the item again until then. Councilmember Poppaw asked about the availability of Budget A versus Budget B. City Manager Atteberry replied the Budgeting for Outcomes process ultimately results in a City Manager's recommended budget presented to Council at the first meeting in September. Proposed cuts will not be available for approximately two weeks. Councilmember Poppaw asked if staff and the budget will be able to accommodate other ideas. City Manager Atteberry replied staff has looked extensively at multiple funding sources, including fees and property taxes. The language of the ballot measure is flexible based upon Council's decisions. However, strategies such as developing a Transportation Utility would need to be considered long- term. Councilmember Ohlson noted there are systemic issues facing the Fort Collins budget; simply considering the 2011 budget is not sufficient. He stated he would like to see Council move forward with the Ordinance creating a placeholder for the ballot item. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 080, 2010, on First Reading. Councilmember Troxell asked why this item cannot wait until the April 2011 election. Mayor Hutchinson noted adopting Ordinance No. 080, 2010 would not preclude placing the item on the April ballot, or any subsequent ballot. City Clerk Krajicek replied Larimer County's cost estimate for the special election to be held in conjunction with its general election is approximately $88,000. Approximately $100,000 has been budgeted for the April election; however an additional $30,000 will likely be required for TABOR mailings. Taking action on this Ordinance will not obligate any payment from the City. 338 June 15, 2010 City Manager Atteberry stated November may be a better time to hold the election as the 2011 budget is expected to contain at least a $5 million reduction in services. Councilmember Manvel noted, if this Ordinance is approved, Council will develop a ballot language proposal and then decide whether or not to put the item on the ballot. Councilmember Kottwitz asked if it would be possible to amend the motion to add a clause in the Ordinance specifying the measure would be a sales tax, not any type of fee. City Attorney Roy replied the clauses in the Ordinance are expressions of current intent. In this case, it does not commit the Council to anything but allows for a discussion between Second Reading of the Ordinance and placing an item on the November ballot. Councilmember Kottwitz stated she would not support the motion as it is misleading to reference adopting the Ordinance as ensuring a place on the ballot. Staff is unlikely to bring forward any options other than a sales tax increase and that should be noted in the Ordinance. Councilmember Ohlson stated he would likely support some type of sales tax increase proposal with clear intent as to where funds will be allocated, although that does not need to be specifically included in ballot language. Councilmember Kottwitz requested a friendly amendment to Ordinance No. 080, 2010, to add a clause stating the intent of the ballot question would be related to a sales tax increase to aid in funding unmet City needs. Councilmembers Roy and Manvel accepted the amendment as part of the motion. Councilmember Troxell stated a prioritization process must be in place to determine where funds should be allotted. Councilmember Roy thanked the citizens who spoke regarding this issue. He stated he would support the motion. Councilmember Kottwitz thanked Council for accepting her friendly amendment and stated many of her constituents have a strong opposition to a sales tax. Adopting the Ordinance would, in essence, be voting in support of the sales tax. She stated she would not support the motion. Councilmember Ohlson noted Fort Collins currently has a low sales tax in comparison to other comparable municipalities. Councilmember Manvel stated voters should be given the opportunityto choose between an increase in sales tax and a decrease in services. Councilmember Poppaw noted the decision regarding Ordinance No. 080, 2010, does not indicate support of a sales tax. Councilmember Ohlson noted the majority of speakers made statements indicating they want the opportunity to vote on the tax and that they support the tax increase . 339 June 15, 2010 Mayor Hutchinson stated voting for this Ordinance simply holds a place on the ballot and allows the conversation to continue. He stated he would support the motion. The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: Kottwitz. THE MOTION CARRIED. Executive Session Authorized Councilmember Ohlson made a motion, seconded by Councilmember Roy, to adjourn into Executive Session as permitted under Section 2-31(a)(2) of the City Code, to meet with attorneys for the City, as well as the City Manager and other affected members of City staff, regarding potential litigation involving the City, which potential litigation has to do with the handling of certain water storage projects and the effect that such projects may have on the City's water supply and other areas of interest and concern to the City. The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. ("Secretary's note: The Council went into executive session at this point in the meeting.) The meeting adjourned at 10:45 p.m. ATTEST: City Clerk Adjournment 340