HomeMy WebLinkAboutMINUTES-08/17/2010-RegularAugust 17, 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, August 17, 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, Roy, and
Troxell.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Gary Wockner, 516 North Grant, Save the Poudre Coalition, discussed water quality study results
showing pollution in the Poudre River, particularly as it runs through Fort Collins. He stated the
Save the Poudre Coalition is concerned about the Halligan Reservoir project and the Windy Gap
project. He thanked City officials for their work on water conservation.
Brian Waring, Arvada resident, asked why Councilmember Ohlson recused himself from voting on
the proposed sales tax ballot initiative. He expressed concern regarding the City's involvement with
Clarion Associates and Brendle Group.
Dorothy Spivak, 1914 Lookout Lane, suggested using back -in angle parking in the downtown area
to improve safety for drivers, bicyclists, and pedestrians.
Barbara Schaeffer, 2300 South College Avenue, expressed concern regarding the Eastside/Westside
Neighborhood Standards.
Ralph Castain, Fort Collins resident, expressed concern regarding the impacts of Airport expansion
plans to southeast Fort Collins.
Phil Friedman, 201 South Grant Avenue, Fort Collins Sustainability Group, discussed positive
results of the 2009 Climate Status Report and encouraged further recycling efforts.
Chuck Washington, 1125 Deercroft Court, expressed concern regarding Airport expansion plans.
Michelle Jacobs, Fort Collins Board of Realtors, discussed the Eastside/Westside Neighborhood
Standards and earlier City work regarding infill and redevelopment. She stated there may not be a
need for, more housing regulations.
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August 17, 2010
Dale Karlin, Fort Collins Sustainability Group, asked how the City will implement the requirement
that trash haulers provide yard waste collection and ban cardboard from the commercial waste
stream.
Roger McCarville, Arvada resident, thanked Mayor Hutchinson for his leadership at meetings and
asked for information regarding Ethics Watch.
Stacy Lynne, 216 Park Street, discussed ICLEI and asked why there is police presence at Council
meetings.
Eric Sutherland, 3520 Golden Currant, asked if it is appropriate for pop-up advertisements to appear
on the City of Fort Collins' on-line bill payment website.
Curt Schreiber, 4021 Yellowstone Circle, expressed concern regarding the public involvement
process for the Eastside/Westside Neighborhood Standards.
Bruce Lockhart, 2500 East Harmony Road, did not support the construction of the Transfort South
Transit Center and suggested the funds be used for other City needs. He discussed carbon dioxide
levels and questioned whether increased recycling efforts would affect those levels.
Clint Skutchan, Fort Collins Board of Realtors Executive Vice President, expressed concern
regarding the public involvement process for the Eastside/Westside Neighborhood Standards.
Citizen Participation Follow-up
Councilmember Kottwitz asked if there are other plans for gathering public input regarding the
Eastside/Westside Neighborhood Standards. City Manager Atteberry replied Council will have a
work session on August 24th to discuss the issue. Public concerns have been discussed with staff.
Deputy City Manager Jones stated additional public outreach is planned and the item will be brought
before Council for formal consideration on November 16th.
Councilmember Kottwitz stated she would like at least one more public outreach meeting to occur
and the survey should be changed to resolve survey design issues.
Councilmember Kottwitz asked for clarification regarding the Colorado Ethics Watch group. City
Manager Atteberry replied the City has not hired the group; rather the group approached the City
regarding the recall effort. An outside attorney was hired by the City to review the ethics complaint
submitted by the group.
Councilmember Kottwitz asked for a response regarding police presence at Council meetings. City
Manager Atteberry replied officers are occasionally present to maintain a secure and civil
environment in which Council can conduct its business.
Councilmember Kottwitz asked if the City posts advertisements on the City bill -pay web page.
Patty Bigner, Utility Services, replied the Green E-certification symbol appears on the e-bill
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primarily because a -bill customers do not receive a paper bill and the program is part of the City's
renewable energy generation. The pop-up provides a link to the Center for Resource Solutions and
the Green E program.
Councilmember Ohlson asked if the pop-up has been discontinued. Bigner replied the information
is akin to that provided in bill inserts and alternative means to provide the information will be
explored.
Councilmember Roy expressed concern that the EastsideAVestside Neighborhood Standards survey
was unbalanced.
Councilmember Ohlson stated he was unsure how the survey could be changed. He stated he opted
out of the vote submitting the sales tax ballot initiative to the ballot due to a conflict of interest. He
noted his wife has joined the citizens' committee working to pass the ballot measure.
Agenda Review
City Manager Atteberry recommended withdrawing Item No. 8, Items Relating to Payment of Debt
Service on 2010 Downtown Development Authority Bonds, for discussion immediately following
the Consent Calendar vote.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the July 6 and July 20, 2010 Regular Meeting
and the July 27, 2010 Adjourned Meeting.
Second Reading of Ordinance No. 089, 2010, Appropriating Unanticipated Grant Revenue
in the Light and Power Fund from the Colorado Governor's Energy Office New Energy
Economic Development Program Funded under the American Recovery and Reinvestment
Act.
This Ordinance, unanimously adopted on First Reading on July 20, 2010, appropriates grant
funds in the amount of $72,000, received from the State of Colorado Governor's Energy
Office. The project funded by the grant will conduct a pilot implementation of the "Carbon
City Sustainability Information Management System" (SIMS). This pilot project will
strengthen already budgeted initiatives for home and business energy efficiency
improvements in Fort Collins.
8. Items Relating to Payment of Debt Service on 2010 Downtown Development Authority
Bonds.
A. First Reading of Ordinance No. 090, 2010, Authorizing the Issuance of City of Fort
Collins, Colorado, Downtown Development Authority Taxable Tax Increment
Revenue Bonds, Series 2010A, Dated Their DeliveryDate, in an Aggregate Principal
Amount Not to Exceed $10,000,000, and Tax-exempt Tax Increment Revenue
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Bonds, Series 2010B, Dated Their Delivery Date, in an Aggregate Principal Amount
Not to Exceed $4,000,000, for the Purpose of Financing Certain Capital
Improvements, Capital Projects and Development Projects Within the Downtown
Development Authority Area; Providing for the Pledge of Certain Incremental Ad
Valorem Tax Revenues to Pay the Principal of and Interest on the Bonds; Approving
Documents in Connection Therewith; and Ratifying Action Previously Taken and
Appertaining Thereto.
B. First Reading of Ordinance No. 091, 2010, Appropriating Proceeds from the
Issuance of City of Fort Collins, Colorado, Downtown Development Authority
Taxable Tax Increment Revenue Bonds, Series 2010A and Tax-exempt Tax
Increment Revenue Bonds, Series 2010B, for the Purpose of Making Certain Capital
Improvements, Capital Projects and Development Projects Within the Downtown
Area of Fort Collins. -
Ordinance No. 090, 2010, authorizes the issuance and sale of City of Fort Collins Downtown
Development Authority (DDA) Taxable and Tax -Exempt Subordinate Tax Increment
Revenue Bonds, Series 2010A and 2010B in the maximum aggregate principal amount of
$14,000,000. The proceeds of the bonds, appropriated in Ordinance No. 091, 2010, net of
issuance expenses, will be used to make capital improvements and fund programs in the
downtown area consistent with the mission of the Fort Collins Downtown Development
Authority. The bonds are anticipated to have final maturities no longer than ten years from
the date of issuance.
9. First Readine of Ordinance No. 092, 2010, Authorizing_ the Conveyance of a Portion of City
Property in Exchange for a Parcel of Land Alongihe Spring Canyon Ditch Outlet Pipe
This. Ordinance authorizes a land exchange between the City of Fort Collins and McCreek,
LLC, who is the owner and 'developer of McClelland's Creek PD & PLD, 5th Filing:
McCreek, LLC is the owner and developer of Outlot D, McClelland's Creek PD & PLD, 5th
Filing (the "Development Property"). The City Stormwater Department owns a tract of land
just east of the Development Property (the "City Property"). In 2009, City staff coordinated
with the developer to install a pipe in the area of the Spring Canyon Ditch due to recurring
overflow and seepage issues. The pipe installation required the construction of a berm. The
City would prefer to own and manage the entire berm area. The City and developer have
agreed to exchange property so that the new property boundaries follow the edge of the
berm.
10. Items Relatins to the Finial Design and Construction of the Transfort South Transit Center.
A. Resolution 2010-048 Authorizing the Execution of an Amendment to the
Intergovernmental Agreement Between the City of Fort Collins and the Colorado
Department of Transportation for the Design and Construction of the South Transit
Center.
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B. First Reading of Ordinance No. 093, 2010, Appropriating Prior Year Reserves in the
Transit Services Fund For Transfer to the Capital Projects Fund and Appropriating
Unanticipated Revenue in the Capital Projects Fund, Mason Corridor Project for the
South Transit Center Project.
The South Transit Center (STC) will serve as Transfort's southern transit hub, replacing the
current Transit Center at The Square shopping mall. The STC will serve a wide range of
users with parking spaces and access to the Mason Trail, as well as the Transfort bus service.
The South Transit Center will also serve as a transfer point for regional FLEX service and
the Mason Bus Rapid Transit system known as MAX. The South Transit Center will contain
a bus turnaround, pedestrian shelters, customer service counter, retail space, site furnishings
for passenger comfort and safety, security lighting, identification signage, signage for transit
rider information and landscape improvements. The project is funded through the Colorado
Department of Transportation and is being leveraged as local match towards the overall
Mason Corridor Project.
11. First Reading of Ordinance No. 094, 2010, Amending Section 2-152 of the City Code to
Change the Number of Members on the Commission on Disability:
The membership of the Commission on Disability ("Commission") consists of 11 members
appointed by City Council. Currently there are two vacancies on the Commission. For the
past several years turnover and recruiting new members has been a consistent problem
making it difficult to reach a quorum at meetings. Staff and Commission members agree
that the Commission membership should be reduced from 11 to 9 members.
12. Resolution 2010-049 Authorizine the Execution of a Second Amendment Further Extending
the Term of an Intergovernmental Agreement Between the City of Fort Collins, the City of
Longmont, and Platte River Power Authority Relating to the'Operation of a Joint Customer
Information System.
In January 1998, the cities of Longmont and Fort Collins entered into a 10-year
intergovernmental agreement with Platte River Power Authority to purchase and operate a
joint customer information system (for customer account management and billing) on behalf
of the two cities. On August 26, 2008, the term of the agreement was extended for two years.
As of December 31, 2010, Fort Collins Utilities will be subject to the Red Flags Rules, the
implementing regulations of the Fair and Accurate Credit Transactions Act (FACT) Act.
The Red Flag Rules require utilities with covered accounts to take steps to detect, prevent
and mitigate identity theft. This Resolution extends the agreement with Platte River and the
City of Longmont for one additional year to resolve issues related to compliance with this
law.
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13. Resolution 2010-050 Supporting the Grant Application by Weld County for a State of
Colorado Energy Impact Grant to Assist in the Construction of a Regional Crime
Laboratorv.
This Resolution offers support to Weld County to seek grant funding to help purchase or
construct a forensic regional lab facility that will house forensic laboratory staffing
employed bymembers ofFort Collins Police Services, Greeley Police Department, Loveland
Police Department, Larimer County Sheriffs Department, and the Weld County Sheriff's
Department.
14. Resolution 2010-051 Approving Expenditures from the Art in Public Places Reserve
Account in the Cultural Services and Facilities Fund to Commission an Artist to Create. Art
for the Lincoln Center Renovation Project.
This Resolution approves expenditures of $42,500 for design, materials, installation and
contingency for a project with the artist Barbara Baer to create two'art elements integrated
into the Lincoln Center Renovation Project. One work will be created as a focal point to the
new main lobby and the second will highlight the exterior south facing wall above a newly
renovated entrance into the facility.
15. Resolution 2010-052 Approving the Acceptance of the Proposed Donation of Artwork on
Granite Pavers from the Downtown Development Authority.
This Resolution accepts the donation of granite pavers depicting local children's drawings.
The Art in Public Places Program has been collaborating with the Downtown Development
Authority (DDA) to create sixty granite pavers sandblasted with drawings by Fort Collins
youth. The intention of the DDA is to place the pavers in the City right-of-way in the three
current Downtown Alley Enhancement Projects. Because the pavers will be placed in the
City right-of-way, City staff and the DDA agreed the pavers should be donated to the City.
16. Resolution 2010-053 Authorizing the City Manaaer to Execute an Agreement Reaardina
Allegiant Air, LLC Service from Fort Collins -Loveland Municipal Airport to Mesa, Arizona.
The purpose of this contract is to provide a financial and marketing boost to support the
addition of new commercial air service at Fort Collins Loveland Airport (FNL). The
contract waives 2 of 4 Airport related service fees for six months (Terminal Usage Fee and
ARF — Fire Rescue Fee) - $50/each per landing. The contract also supports Allegiant
marketing efforts by supplying a $30,000 reimbursable that Allegiant can utilize to buy
marketing in the Northern Colorado and Arizona markets. The reimbursable is dependent
upon the service commencing and operating 2 flights per week beginning October 2010.
Due to the 50150 ownership structure with the City of Loveland this contract will be
considered by the Loveland City Council as well.
17. Resolution 2010-054 Making Appointments to Various Board and Commissions.
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August 17, 2010
This Resolution makes appointments to fill current vacancies on the Affordable Housing
Board, Human Relations Commission, Water Board, Women's Commission and the Youth
Advisory Board.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
Second Reading of Ordinance No. 089, 2010, Appropriating Unanticipated Grant Revenue
in the Light and Power Fund from the Colorado Governor's Energy Office New Energy
Economic Development Program Funded under the American Recovery and Reinvestment
Act.
Ordinances on First Reading were read by title by City Clerk Krajicek.
Items Relating to Payment of Debt Service on 2010 Downtown Development Authority
Bonds.
A. First Reading of Ordinance No. 090, 2010, Authorizing the Issuance of City of Fort
Collins, Colorado, Downtown Development Authority Taxable Tax Increment
Revenue Bonds, Series 2010A, Dated Their Delivery Date, in an -Aggregate Principal
Amount Not to Exceed $10,000,000, and Tax-exempt Tax Increment Revenue
Bonds, Series 2010B, Dated Their Delivery Date, in an Aggregate Principal Amount
Not to Exceed $4,000,000, for the Purpose of Financing Certain Capital
Improvements, Capital Projects and Development Projects Within the Downtown
Development Authority Area; Providing for the Pledge of Certain Incremental Ad
Valorem Tax Revenues to Pay the Principal of and Interest on the Bonds; Approving
Documents in Connection Therewith; and Ratifying Action Previously Taken and
Appertaining Thereto.
B. First Reading of Ordinance No. 091, 2010, Appropriating Proceeds from the
Issuance of City of Fort Collins, Colorado, Downtown Development Authority
Taxable Tax Increment Revenue Bonds, Series 2010A and Tax-exempt Tax
Increment Revenue Bonds, Series 2010B, for the Purpose of Making Certain Capital
Improvements, Capital Projects and Development Projects Within the Downtown
Area of Fort Collins.
First Reading of Ordinance No. 092, 2010, Authorizing the Conveyance of a Portion of City
Property in Exchange for a Parcel of Land Along the Spring Canyon Ditch Outlet Pipe.
10. First Reading of Ordinance No. 093, 2010, Appropriating Prior Year Reserves in the Transit
Services Fund For Transfer to the Capital Projects Fund and Appropriating Unanticipated
Revenue in the Capital Projects Fund, Mason Corridor Project for the South Transit Center
Project.
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August 17, 2010
11. First Reading of Ordinance No. 094, 2010, Amending Section 2-152 of the City Code to
Change the Number of Members on the Commission on Disability.
22. First Reading of Ordinance No. 095, 2010, Making Certain Amendments to Chapter 15, .
Article XVI of the City Code Governing the Licensing, Location and Operation of Medical
Marijuana Businesses.
Eric Sutherland, 3520 Golden Currant, withdrew Item No. 12, Resolution 2010-049 Authorizing the
Execution ofa Second Amendment Further Extending the Term ofan Intergovernmental Agreement
Between the City of Fort Collins, the City of Longmont, and Platte River Power Authority Relating
to the Operation ofa Joint Customer Information System.
Councilmember Roywithdrew Item No. 16, Resolution 2010-053 Authorizing the City Manager to
Execute an Agreement RegardingAllegiantAir, LLC Service from Fort Collins -Loveland Municipal
Airport to Mesa, Arizona.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt and approve
all items not withdrawn from the Consent Calendar. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson,
Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Items Relating to Payment of Debt Service on 2010
Downtown Development Authority Bonds, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 090, 2010, Authorizing the Issuance of City of Fort Collins,
Colorado, Downtown Development Authority Taxable Tar Increment Revenue Bonds, Series
2010A, Dated Their Delivery Date, in an Aggregate Principal Amount Not to Exceed
$10,000,000, and Tax-exempt Tax Increment Revenue Bonds, Series 2010B, Dated Their
Delivery Date, in an Aggregate Principal AmountNot to Exceed $4, 000, 000, for the Purpose
of Financing Certain Capital Improvements, Capital Projects and Development Projects
Within the Downtown Development Authority Area; Providing for the Pledge of Certain
Incremental Ad Valorem Tax Revenues to Pay the Principal of and Interest on the Bonds;
Approving Documents in Connection Therewith; and Ratifying Action Previously Taken and
Appertaining Thereto.
B. First Reading of Ordinance No. 091, 2010, Appropriating Proceeds from the Issuance of
City of Fort Collins, Colorado, Downtown Development Authority Taxable Tax Increment
Revenue Bonds, Series 2010A and Tax-exempt Tax Increment Revenue Bonds, Series 2010B,
for the Purpose of Making Certain Capital Improvements, Capital Projects and
Development Projects Within the Downtown Area of Fort Collins.
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August 17, 2010
Ordinance No. 090, 2010,. authorizes the issuance and sale of City of Fort Collins Downtown
Development Authority (DDA) Taxable and Tax -Exempt Tax Increment Revenue Bonds, Series
2010A and 2010B in the maximum aggregate principal amount of $14,000,000. The proceeds of
the bonds, appropriated in Ordinance No. 091, 2010, net of issuance expenses, will be used to make
capital improvements and fund programs in the downtown area consistent with the mission of the
Fort Collins Downtown Development Authority. The bonds are anticipated to have final maturities
no longer than ten years from the date of issuance.
BACKGROUND
Before initiation of bond issuance, DDA staff evaluates factors that create the structure of the
DDA's financing plan, which include needs, costs, and timing. Needs are the project or program
commitments authorized by the DDA Board of Directors. Costs include the compensation paid to
the financing team (bond counsel, financial advisor, DDA's legal counsel), fees due at closing
(origination fee, cost of issuance fee), and current interest rate structure. Timing includes
anticipating when the reimbursement requests will come to the DDA from project or program
owners combined with an analysis ofthe revenue stream comingfrom property tax increment, which
is used to service the debt. These factors also influence the size of the bonds. A unique factor for
the DDA in the 2010 Bond Series issuance is the complexity added to the DDA's revenue stream by
the Senate Bill 170 statute amendment, which affects revenues beginning in tax year 2011.
On the advice of the City's and the DDA 's financial advisor, James Capital Advisors, Inc., the DDA
is seeking to consolidate and issue a bond series prior to the formal commencement of Senate Bill
170. The provisions of this bill require adjustment to the tax increment base and share back of
property tax revenue with overlapping entities. These provisions affect the Fort Collins DDA in tax
year 2011. Uncertainty about how the bond investment market would respond to Senate Bill 170
requirements precipitated the need to plan ahead for project and program reimbursement funding
that could potentially extend into 2012.
Since 2002, the City of Fort Collins has purchased the DDA's tax increment bonds. The City of Fort
Collins is unable to purchase the 2010 series bonds as there is not enough capacity above the
required reserve policy to allow lending at this time. The DDA, working with the City's finance
department and the financial advisor, sought private placement with a local bank. Private
placement was the method recommended by James Capital Advisors over other options such as
syndication of bonds on the bond trading market. It was anticipated that only local banks familiar
with of the DDA's mission and a willingness to understand and work with the complex mechanics
of Senate Bill 170 tax increment base adjustment and share -back requirements would be interested
in purchasing the 2010 Tax Increment Revenue Bonds. The DDA was able to secure favorable terms
for bond debt financing with Great Western Bank. A second offer from another local bank was also
considered. It was determined that the offer from Great Western was the most advantageous to the
DDA, given the DDA's need to remain sensitive to project owner expectations and commitments to
their lending partners.
There is an additional complexity in this issuance. By determination of Sherman & Howard L.L. C.,
bond counsel for the City of Fort Collins and the DDA, the DDA bonds will have two (2)
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August 17, 2010
classifications — taxable and tax-exempt, each having its own interest rate. The tax-exempt bonds
may only be used to fund capital projects.
Using conservative projections of future tax increment revenue, DDA staff and the DDA
budget/finance committee have determined this debt can be serviced over a 10 year term with
property tax revenues paid into the tax increment fund in accordance with the amended DDA
statute.
The Bonds
DDA staff has estimated the debt payments on the $14, 000, 000 with interest payments occurring on
a semi-annual basis, beginning in June 2011 and annualprincipal payments beginning in December
2012. The debt service schedule calls for the final payments for the bonds to occur in 2020.
Sources
Bond Proceeds $14, 000, 000
Total Sources $14, 000, 000
Uses
Open Project Commitments
$ 9,355,855
Unappropriated Bond Project Account
1,644,145
Debt Service Reserve Fund
1,400,000
Origination Fee
61,800
Cost of Issuance
60,000
Bond Counsel and Financial Advisor
60,000
Contingency
1,418,20
Total Uses
$14,000,000
The sources and uses of the funds are estimates and are subject to change until the issuance and sale
of the bonds. Final amounts, rates and costs will be determined after the private placement has
been completed.
Open Project Commitments include projects and programs that the DDA Board has taken formal
action to approve commitment offunds.
Unappropriated Bond Protect Account includes projects and programs, consistent with the DDA
mission that still require formal DDA Board and City Council action before the funds can be
expended. The reason these placeholder items are included in the 2010 Bond Issuance is because
they represent future obligations such as annual maintenance of the downtown enhanced alleys,
continuation of annual programs such as the holiday lights and the ice rink, and utilities and
maintenance of the East Vine Drive warehouse. All proceeds in this account will be brought to the
DDA Board and the City Council for appropriation within the next year. "
Councilmember Troxell withdrew from the discussion ofltems Relating to Payment of Debt Service
on 2010 Downtown Development Authority Bonds due to a conflict of interest.
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August 17, 2010
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No.
090, 2010, on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and Roy. Nays:
none.
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Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 091, 2010, on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and Roy.
Nays: none.
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Staff Reports
Carol Webb, Utilities Regulatory and Government Affairs Manager, discussed the voluntary
Household Hazardous Waste Collection event held on June 5th, at which 20,000 pounds of
hazardous materials were collected.
Councilmember Ohlson asked if items were re -used or recycled. Webb replied there was a re -use
table available but was unsuccessful due to the high volume of latex paint being dropped off. Other
materials were put through a recycling process. Latex paint was solidified and taken to an industrial
landfill in Bennett, Colorado.
Councilmember Reports
Councilmember Troxell discussed the Neighborhood Night Out event held on August 3rd and
thanked Target and Outback Steakhouse for their sponsorship of the nationwide event.
Resolution 2010-055
Authorizing and Directing the City Manager to Join the Efforts
of Colorado State University, the Fort Collins Area Chamber of
Commerce, Larimer County and Private Enterprise in
Developing Targeted Industry Clusters, Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
This Resolution authorizes and directs the City Manager to continue to support on behalf of the City
participation in the formation and development of cluster initiatives relating to the identified
targeted industries of the City, to work with regional partners and local business entities to develop
strategicplans for the clusters, and to support the advancement of the plans as they are implemented
for the purpose of primary job retention, expansion, and creation.
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August 17, 2010
BACKGROUND
In 2004, the Fort Collins Economic Vitality and Sustainability Group (EVSAG), appointed by the
City Council, recommended that certain business clusters be investigated as economic development .
strategies, naming several potential clusters. EVSAG made this recommendation due to the unique
strengths and assets of our community and the desire to see a more formal economic strategy to
regain and expand key industries in our community.
The basic underpinnings of a successful industry cluster include:
• An active University with strong research and development knowledge
• A strong public and private leadership base
• A critical mass of collaborative%ompetitive companies
• Access to entrepreneurial support
• A skilled workforce
• Institutional and facility support
In 2006, the CityofFort Collins commissioned a study to evaluate the geographic concentration and
interconnectedness of companies within the community in order to determine potential industry
clusters. The study identified several existing and emerging industry clusters. ;The identified
clusters were modified into five targeted industry clusters, which became the focus of job creation
activities. These clusters included: Clean Energy, Bioscience, Chip Design, Software, and Uniquely
Fort Collins.
On March 21, 2006, the City Council adopted Resolution 2006-037, authorizing and directing the
City Manager to join efforts with Colorado State University, the Northern Colorado Economic .
Development Corporation, the Fort Collins Area Chamber of Commerce, Poudre School District,
Larimer County and private enterprises to develop a Clean Energy Cluster for Northern Colorado.
Resolution 2010-055 reaffirms the City's role with respect to the Clean Energy Cluster andprovides
new authorization and direction for the City Manager to engage in similar formation and
development activities related to addition Targeted industry clusters.
Over time, the Targeted industry clusters have undergone an evolution — and it will be important
in the future to continue evolving and improving our approach for supporting target industries.
Since the 2006 study there has been a significant effort by the City, Colorado State University, and
the private sector to implement the cluster strategy. Some of the efforts to implement the cluster
strategy have been very successful, in particular in the Clean Energy and Biosciences area. Other
efforts in software and chip design have notprogressed to date. In an effort -to continuously improve
our approach and to try and create as much value and success, staff has been evaluating the
addition of a new target industry group in the water innovation arena and is now at a point to make
a recommendation to add that target industry group to the list that the City officially supports. '
The five recommended cluster initiatives consist of interrelated groups of businesses and
organizations from within the identified Targeted Industries, including:
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August 17, 2010
• Clean Energy— Companies providing knowledge and expertise in renewable energy, energy
efficiency, solar and wind energy, green building, and fuel cells.
• Water Innovation — Companies active in the research and production of products and
services for water reuse and conservation, testing, filtration, efficient irrigation
management, sustainable water design, weather modeling, and water efficiency; a new
proposed target industry cluster.
• Bioscience — Companies that research, produce, and distributer medical devices, medical
instruments, pharmaceuticals, and biofuels.
• Technology — Companies specializing in data mapping, computer programming, Internet
service, software development, and microchip design and production; replaces the
previously separate Chip Design and Software clusters..
• Uniquely Fort Collins — Companies engaged in creative industries such as design,
publishing, performing arts, visual arts/crafts, and craft and micro -brewed beverages. "
Councilmember Troxell withdrew from the discussion of Resolution 2010-055 Authorizing and
Directing the City Manager to Join the Efforts of Colorado State University, the Fort Collins Area
Chamber of Commerce, Larimer County and Private Enterprise in Developing Targeted Industry
Clusters due to a conflict of interest.
Josh Birks, Economic Advisor, stated the 2004 Fort Collins Economic and Vitality Group
recommended exploring business clusters as a potential economic development strategy. This
Resolution approves five targeted industry clusters: Clean Energy, Water Innovation, Bioscience,
Technology, and Uniquely Fort Collins. Birks detailed the five clusters and types of companies
included in each.
Ann Hutchison, Fort Collins Chamber of Commerce, supported the Resolution and formation of the
targeted industry clusters.
Gary Wockner, 516 North Grant, Save the Poudre Coalition, expressed concern that the City may
begin to promote businesses that specialize in river and environmental destruction, such as dam
building. „
Eric Sutherland, 3520 Golden Currant, expressed concern regarding the Fort Zed project.
Bruce Lockhart, 2500 East Harmony Road, expressed concern the industry cluster idea is not unique
or sustainable.
Kyle Kauffman, Fort Collins resident, expressed support for clean energy initiatives.
Mayor Hutchinson noted the Clean Energy cluster grew 5.2% between 2008 and 2009 in Fort
Collins while declining 7.6% nationally during the same time period. Birks stated Colorado State
University gives Fort Collins legitimacy with regard to clean energy.
Councilmember Ohlson asked why staff had not selected more unique clusters. Birks replied many
communities have attempted to implement a cluster strategy with little success. It is difficult to
combine public, private, and academic sectors together with common vision and purpose. While
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the cluster strategy is quite mainstream, the ability to make it successful is more difficult. It can
work in Fort Collins because of the innovation and spirit existing in Fort Collins' companies.
Councilmember Ohlson asked about renaming the Technology cluster as technology applies to a
variety of industries, not solely computer -related industries. Birks stated Fort Collins may not yet
have a legitimate technology cluster but the industry needs to be recognized for its importance and
ability to be a future cluster.
Councilmember Ohlson asked if the Technology cluster solely references computer technology.
Birks replied technology is being used as a generic term to include chip design and software
companies.
Councilmember Ohlson stated there are other businesses focused on sustainable products and
services which should be included in the Uniquely Fort Collins cluster. Birks replied the Be Local
group could be included in the Uniquely Fort Collins cluster.
Councilmember Roy asked how staff would rate the advisability of the City partnering with a
particular business. Birks replied the Water Innovation cluster is attempting, with its vision,
mission, and core values statement, to articulate work focused on stewardship and economic
development. Initiatives will be selected through an executive board review of ideas and Council
will also review the initiatives with each budget cycle.
Councilmember Roy stated more focus should have been placed on supporting education efforts for
individual citizens.
Councilmember Ohlson stated he would like to rename the Clean Energy cluster as no energy source
is truly "clean." He suggested City Council direct the City Manager to work with the City's regional
partners to facilitate the timely renaming of the Clean Energy cluster.
Councilmember Ohlson made a motion, seconded by Councilmember Poppaw, to direct the City
Manager, in working with the City's regional partners on the Targeted Industry Cluster Initiatives,
to facilitate the timely renaming of the Colorado Clean Energy Cluster.
Councilmember Manvel stated he would support the motion.
Mayor Hutchinson stated the City's role in this process is as a catalyst and enabler.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and
Roy. Nays: none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution
2010-055.
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August 17, 2010
Councilmember Ohlson stated he would support the motion and added his future support will be
dependent upon the renaming of the Clean Energy cluster.
Councilmember Kottwitz stated she would support the motion and future support of economic
development.
Mayor Hutchinson stated the initial cluster idea was part of the Economic Action Plan adopted by
the 2005-2006 City Council. He stated the cluster idea will capitalize on existing unique capabilities
and allow the City to be a catalyst and enabler.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and
Roy. Nays: none.
THE MOTION CARRIED.
("Secretary's note: The Council took a brief recess at this point in the meeting.)
Items Relating to the Licensing of Medical Marijuana Businesses,
Adopted on First Reading
The following is staffs memorandum for this item.
"EXECUTIVE SUMMARY
A. Resolution 2010-056 Postponing the City Council's Decisions as to Whether Existing
Medical Marijuana Businesses Should Be Allowed to Remain in Their Current Locations
and as to When, If at All, Applications for New Medical Marijuana Businesses Should Be
Accepted by the City.
B. First Reading of Ordinance No. 095, 2010, Making Certain Amendments to Chapter 15,
Article XVI of the City Code Governing the Licensing, Location and Operation of Alledical
Marijuana Businesses.
The Resolution postpones a decision as to whether location requirements enacted in Chapter 15 of
the City Code should be made applicable to existing medical marijuana dispensaries, thereby
allowing them to remain in their current locations. In addition, the Resolution postpones a decision
as to when, if at all, the City should begin accepting applications for new medical marijuana
businesses.
The Ordinance amends Article XVI, Chapter 15, of the City Code to address certain inconsistencies
between the City's local regulations and the Colorado Medical Marijuana Code so as to facilitate
the licensing of existing medical marijuana businesses in Fort Collins. Other inconsistencies will
be furtherstudied with recommended changes brought back to Council prior to full implementation
of the Colorado Medical Marijuana Code in July 2011.
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August 17, 2010
BACKGROUND
Application of Location Requirements to Existing Businesses ("Grandfathering")
On March 16, 2010, City Council adopted Ordinance No. 025, 2010, adding a new Article XVI to
Chapter 15 of the City Code, governing the licensing, location and operation of medical marijuana
businesses. Section 9 of that Ordinance directed the City Manager to make recommendations to the
Council on or before September 1, 2010 as to whether the location requirements for medical
marijuana dispensaries should be made applicable to existing medical marijuana businesses. The
location requirements state that no dispensary shall be located within 1000 feet of:
another dispensary
a preschool, elementary, secondary, vocational, or trade school
or within 500 feet of
• a college or university
• a child care center
• a place of worship or religious assembly
• a park, pool, playground, or recreational facility
• a halfway house, correctional facility or substance abuse or treatment facility
• the boundary of a residential zone
On June 7, 2010, the governor signed House Bill 10-1284 into law enacting Title 12, Article 43.3
of the Colorado Revised Statutes (the "Colorado Medical Marijuana Code'), which regulates the
cultivation, manufacture, distribution, and sale of medical marijuana as a matter of state-wide
concern. The Colorado Medical Marijuana Code includes a State application deadline of August
1, 2010 for existing medical marijuana businesses that have applied for a local license prior to July
1, 2010. Depending upon the number of local applicants that have applied for a State license, and
the number that are ultimately approved by the State, the number of medical marijuana businesses
in the City could decrease. Staff believes it would be beneficial to know the actual number of
existing businesses that are actually eligible for local licenses before making a recommendation as
to the application of location requirements to existing businesses.
Amendments to City Code Provisions Governing Medical Marijuana Businesses
There are several inconsistencies between the City's local regulations regarding medical marijuana
businesses and the provisions of the Colorado Medical Marijuana Code, many ofwhich will require
further study in order for staff to be able to recommend changes in the local regulations. Some
inconsistencies, identified during theprocess ofreviewing applications, are sufficientlyproblematic
that staff believes they should be immediately addressed. This Ordinance makes the following
amendments to the local regulations:
Amends the definition of medical marijuana cultivation facility to include facilities
associated not only with locally licensed dispensaries but also with dispensaries owned and
lawfully operated by a licensee in another Colorado jurisdiction, as well as those that are
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August 17, 2010
part of a medical marijuana delivery business that delivers medical marijuana solely within
the city limits.
This allows applicants to meet the State's "vertical integration" model, which requires
dispensaries and cultivation facility to operate together, under the same ownership. Under
the State law, a cultivation facility cannot exist alone — it must be tied to a dispensary or
medical marijuana infused products manfacturer.
Provides for the issuance of a license for each dispensary or cultivation facility included in
a medical marijuana business license application.
This allows one type offacility to receive a license (typically the dispensary), while another
facility (typically the cultivation facility) is working through zoning and building code
compliance issues. It also allows for enforcement of the local regulations for those facilities
that are operational.
Amends the local security requirements to eliminate the requirement to have deadbolt locks
on all exterior doors and to vest more discretion in the Ciy Manager or his designee as to
the kinds of security measures that are necessary.
The intent of the existing requirement is to ensure that the licensed premises are adequately
secured. However, the deadbolt requirement, as worded, is in conflict with the International
Fire Code. Therefore, the proposed amendment requires locking systems for exterior doors
designed and reasonably secured to deter unlawful entry, while providing safe emergency
egress.
Amends language that currently limits to four ounces the amount of medical marijuana that
may be sold or distributed to, or purchased from, another licensee in any seven-day period.
The new language would allow greater quantities to be exchanged between a licensee's local
facility and a medical marijuana business owned by the same licensee in another Colorado
county or city.
The existing prohibition creates a conflict with the State law requirement that a dispensary grow
70%of its own medical marijuana. Although a cultivation facility in Fort Collins could legitimately
be growing medical marijuana for a dispensary in another jurisdiction, the four -ounce limitation
makes it virtually impossible to provide that product to the dispensary.
Adds a new section authorizing the City Manager to promulgate such rules and regulations
as are necessary to effectuate the implementation and enforcement of local regulations.
The complexities involved in implementing the City's regulations and integrating them with the new
State regulations have created a recurring need for interpretation of the City's local regulations.
This new Code provision would vest in the City Manager the authority to promulgate rules and
regulations that are consistent with the intent of the Code, just as certain State departments and
agencies have been authorized to do with regard to the new Colorado Medical Marijuana Code.
This authority to develop administrative rules and regulations will help ensure consistency in the
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August 17, 2010
way that the Code provisions are administered and should also minimize the need for Code
amendments that are intended only to clarify existing Code language. "
Jerry Schiager, Police Services, stated existing medical marijuana businesses had to apply by June
30, 2010, to be eligible for an MMB license. Of the 36 applications received, 26 have a retail
location and two meet the location requirements. The City Manager was to bring back a
recommendation on the grandfathering issue and as to whether the application process would be
opened to new businesses by September 1st. Since the passing of local regulations, the state of
Colorado has passed House Bill 1284, which provides an extensive licensing and regulatory
framework for medical marijuana businesses. This bill has placed a moratorium on new MMB
applications until July 1, 2011. Resolution 2010-056 postpones any grandfathering decision until
local applicants have completed any deficiencies in their applications and until there is more
certainty from the state as to which local businesses are eligible. The Resolution also postpones a
decision as to when the City should begin accepting applications for new medical marijuana
businesses. Ordinance No. 095, 2010 expands the definition of a cultivation facility to allow the
association with other lawful dispensaries within Colorado owned by the licensee or with a delivery
business in the City. The state regulations require that any cultivation facility must be associated
with a dispensary and allows for separate licensing of each facility associated with an MMB license.
The Ordinance eliminates the deadbolt lock requirement which was in violation of the Fire Code and
allows for the exchange of more than four ounces of medical marijuana per week between local
businesses and other businesses owned by the same licensee in another jurisdiction.
Ron Wales, Emigh Street, opposed medical marijuana businesses and expressed concern that drug
cartels could form.
Scott Kauffman, Top Shelf Colorado, expressed concern regarding patient privacy and suggested
grandfathering could be based on state application completion.
Ken Curreda, Solace Meds, 301 Smokey Street, asked that all existing businesses be grandfathered
and thanked Council for its work on the item.
J
Mayor Hutchinson noted Resolution 2010-056 would postpone the grandfathering decision.
Councilmember Manvel asked if non -Fort Collins residents would be able to apply for an MMB
license in Fort Collins. Schiager replied there is no such requirement in Fort Collins; however, the
state bill does require applicants to be Colorado residents.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution
2010-056. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
095, 2010, on First Reading.
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August 17, 2010
Councilmember Roy asked City Manager Atteberry to comment regarding the Ordinance. City
Manager Atteberry replied the Ordinance allows the City to respond to a dynamic situation.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED
Resolution 2010-057
Identifying Certain Purposes for Which the Discretionary Portion
of Revenues Derived from a Proposed .85% Increase in the City's
Sales and Use Tax Rate Might Be Used, Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUMAL4R Y
On July 27, 2010, City Council approved Resolution 2010-047 submitting a proposed 0.85%
increase in the city's sales and use tax rate to the voters for their consideration on the November
2, 2010 Election Ballot. Theproposed increase is allocated to transportation, police, fire, parks and
recreation, and other community priorities. Resolution 2010-058 provides additional details
regarding the types of programs, activities and services which could be funded through the
approximately $2.1 million in revenue provided by the 11 % allocated to "other community
priorities. " Examples of these needs which the City Council could fund through the City's
Budgeting for Outcomes process include economic health programs, neighborhood programs,
environmental programs, cultural programs, and other critical internal services and support.
BACKGROIUND
The proposed tax increase includes the following provisions:
An increase of .85% (or 8.5 cents on a $10 purchase)
The additional revenue would be allocated in the following manner:
0 33%for street maintenance and repair
0 17% for other street and transportation needs
0 17%for police services
0 11 % for fire services
0 11 %for parks maintenance and recreation services; and
0 11 %for other community priorities as determined by City Council.
The increase would commence January 1, 2011 and sunset after 10 years, ending at
midnight on December 31, 2020.
The increase would yield an estimated $18.9 million in the first full year of collection
Additionally, the ballot language requires the City -Manager to report annually to City Council on
how the revenues are used and the costsaving measures that were undertaken by the City each year.
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August 17, 2010
In continuing to communicate with community members regarding the proposed ballot measure,
City Council and staff have received questions regarding the proposed uses for the funds reserved
for "other communitypriorities as determined by City Council. " While the original resolution does
not provide details on the anticipated uses for these funds, Council expects to allocate these funds
to high priority City needs identified by City Council in the annual Budgetingfor Outcomesprocess.
This portion of the sales and use tax revenue would provide approximately $2.1 million of new
resources in the first year.
The services which would receive allocated revenues based on the formula in Resolution 2010-047
include Transportation, Police, Fire, Parks and Recreation. In 2010, these programs account for
68% of the expenses in the City's General Fund. The remaining 32% portion of the General Fund
includes such services as Economic Development, City Planning, Affordable Housing programs,
Cultural Services, Development Review, Code Enforcement, Natural Resources programs, and
citywide administrative costs. (The General Fund does not cover the various Utility Enterprise
funds including Electric, Water, Wastewater, and Stormwater services)
This Resolution provides additional details regarding the types ofprograms, activities and services
which could be funded through the approximately $2.1 million in revenue provided by the 11 %
allocated to "other community priorities. " Some examples of needs which the City Council could
fund include:
• Economic Health Programs:
• assistance program for business retention and expansion;
• financial/economic support for clusters;
• systems improvements for development review and planning processes;
• Foothills Mall and other midtown College corridor redevelopment;
r support of the downtown area.
Neighborhood Programs:
• Code compliance;
• community mediation program;
• various community partnerships (with entities such Colorado State University, the
Poudre School District, Larimer County);
• affordable housing programs.
• Environmental Programs:
• air quality;
• recycling;
• sustainability programs;
• green building.
Critical Internal Services and Support:
technology infrastructure;
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August 17, _2010
facility and vehicle maintenance;
administration and internal services such as Finance. "
City Manager Atteberry stated this item responds to citizen concerns regarding the 11% category
of the proposed tax increase allotted to "other community priorities." City Manager Atteberry
detailed the evolution of the item and discussed the specific purposes for which discretionary dollars
may be used.
Eric Sutherland, 3520 Golden Currant, stated reserves should buffer both losses and increases in
revenue and did not support the item.
Mary Atchison, 2024 Linden Lake Road, supported the item and added there is community support
for the tax measure.
Doug Brobst, 1625 Independence Road, supported the item.
Gary Thomas, Transportation Board Chair, supported the item and stated there is community
support for the tax measure.
Chuck Washington, 1125 Deercroft Court, supported the item and stated he would support more
funding for roads.
Bruce Lockhart, 2500 East Harmony Road, did not support the item.
Gary Wockner, 516 North Grant, Save the Poudre Coalition, discussed the benefits of maintaining
water quality and flow of the Poudre River through town. He encouraged adding the enhancement
of the Poudre River to the Resolution under the category "Economic Health Programs."
Chase Eckert, CSU student, stated the specifics of the 11% will determine whether or not he
supports the item.
Councilmember Kottwitz noted this Resolution will have no effect on the ballot language.
Councilmember Poppaw expressed concern that the Poudre River enhancement was excluded from
the list of priorities. City Manager Atteberry replied there was no deliberate intent to exclude the
Poudre River and it could be added at Council's discretion.
Mayor Hutchinson noted the Resolution responds to public comment and concern and was not
intended to be as specific as a budget.
Councilmember Troxell asked about the origins of the Resolution. City Manager Atteberry replied
the Resolution was developed through the Leadership Team and in response to public input.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Resolution
057-2010 as amended, by adding "enhance Poudre River" as a bullet item under the "Economic
Health Programs" category.
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August 17, 2010
Councilmember Troxell asked for clarification regarding "enhancing the Poudre River."
Councilmember Roy replied it would include improving flows through Fort Collins. Mayor
Hutchinson clarified the specific items were not meant to be included in this Resolution.
Councilmember Troxell expressed concern that the 11 % is a slush fund with unspecified uses.
Councilmember Manvel stated there is a tension between requiring expenditures for things which
may or may not be needed and being too flexible. The 11% will allow for funding unmet needs
within the City budget.
Councilmember Kottwitz stated the entire budget is included in this Resolution and suggested the
11 % be allotted to the seven pre -defined outcomes in the budgeting process.
Councilmember Ohlson stated the $500 million annual budget has less itemization and specificity
than does this section of the budget which would amount to approximately $2 million. The intent
when creating this ballot measure was to cover the 1/3 of the budget that does not fall into the other
categories. That part of the budget has actually been cut more than the any of the other categories.
Councilmember Kottwitz stated there may not be any point to having the Resolution if the 11 % will
be spent on the budget items.
Councilmember Ohlson noted this item will give some direction to future Councils and the
allocation does not necessarily equate to spending the funds.
Councilmember Kottwitz stated Council needs to either be specific to meet citizen goals or not pass
the Resolution.
Councilmember Troxell stated he supports a 0.5% tax increase proposal, but not the 0.85% proposal
and does not support the 11 % "other community priorities" category.
Councilmember Kottwitz stated she would not support the motion as there are no specific
designations for the 11 % "other community priorities" category.
Mayor Hutchinson stated the Resolution outlines the community needs for which Council could use
the discretionary portion of the proposed 0.85% tax rate increase.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw and Roy.
Nays: Kottwitz and Troxell.
THE MOTION CARRIED.
Resolution 2010-058
Amending Resolution 2010-047 Submitting To The Registered Electors
Of The City A Proposed .85% Increase In The City's Sales And
Use Tax Rate On All Non -Exempt Taxable Items,
To Be Used For Certain Specified Purposes, Adopted
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August 17, 2010
And
Resolution 2010-059
Directing the City Manager to Review the Use Tax Provisions of the City Code, as
Well as the City's Manufacturing Equipment Use Tax Rebate Program, and to Make
Recommendations to the City Council Regarding Any Changes Thereto That May Help
Promote the Economic Health of the City, Adopted
The following is staffs memorandum for this item.
"EXECUTIVE SUMMARY
On July 27, 2010, the City Council approved Resolution 2010-047 submitting to the registered
electors of the City a proposed .85% increase in the City's sales and use tax rate on all non-exempt
taxable items. Since the July meeting, there has been significant feedback provided by the business
community regarding the advisability of applying the additional .85% use tax increase on
manufacturing equipment, should the voters pass -the proposed tax increase in November. This
resolution would amend the ballot language to exempt manufacturing equipmentfrom the additional
.85%.
f:�C�l;C1Y:t/I/lam
The Fort Collins City Council passed a resolution setting ballot language seeking voter approval
for a .85% increase in the sales and use tax rate. The election is scheduled for November 2, 2010.
The City currently has a use tax rebate program on manufacturing equipment for qualifying
manufacturers. The program was setup to recognize the need forfurthering economic development
by providing incentives, including tax relief to local manufacturers. Because of the important role
that local manufacturers play in promoting the overall economic health of the City, the City Council
wishes to further respond to this community concern by amending the tax measure to exempt from
the proposed .85% use tax increase all manufacturing equipment, as defined in Section.25-63 of the
City Code, that is used, stored, distributed or consumed in the City. "
City Manager Atteberry discussed the history of Resolutions 2010-058 and 2010-059. Resolution
2010-058 would amend the ballot language to exempt manufacturing equipment from the additional
.85% use tax increase. Resolution 2010-059 directs staff to review the City's over use tax
programs and evaluate whether or not any further changes are needed to promote economic health.
The City Manager will present these findings to Council no later than March 31, 2011.
Ann Hutchison, Fort Collins Chamber of Commerce, expressed concern the proposed sales tax rate
is too high and recommended the tax be proposed at 0.5% or 0.6%. She stated the Chamber would
like at least 6% of the funds earmarked for economic vitality and have the ballot language revised
to eliminate the proposed increase in the use tax.
Eric Sutherland, 3520 Golden Currant, spoke regarding the use of reserves.
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August 17, 2010
Gary Wockner, 516 North Grant, supported the item.
Bruce Lockhart, 2500 East Harmony Road, stated many manufacturing jobs have already been lost
to other countries and added that may be a reason for some of the decrease in energy consumption.
Larry Carillo, 1019 Deer Creek Lane, stated focus should be placed on the reasons behind decreased
tax revenue streams and expressed concern the proposed tax may be too high.
Robert Overbeck, expressed concern about the poor audio feed on Channel 14.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution
2010-058.
Councilmember Troxell asked about the estimate of the effect of the use tax exemption. Mike
Freeman, Chief Financial Officer, replied the manufacturing use tax is quite complicated; therefore,
calculating the exact impact an exemption would have is extremely difficult. Almost 70% of the
current manufacturing use tax is currently rebated, depending on the company's level of investment.
The estimate was derived from historical data and is at the high end of the range.
Councilmember Troxell asked about the decision process regarding the proposed Resolutions and
why the tax increase of 0.5% or 0.6% proposed by the Chamber was not addressed. Mayor
Hutchinson replied a response to the Chamber was prepared quickly, through the Leadership Team,
in order to be responsive to a time -sensitive need. Council's vote to support the 0.85% proposed
increase negated a need to respond to the 0.5% suggestion.
Councilmember Troxell stated Council also previously voted on the use tax.
City Manager Atteberry stated staff does not support a 0.5% or 0.6% tax increase proposal; however,
it would be brought if requested by Council.
Councilmember Manvel stated exempting the use tax for manufacturers makes sense and he
supported the motion.
Councilmember Ohlson noted this issue was discussed three days prior to the Chamber of
Commerce submitting its request. He stated jobs lost to overseas markets were lost due to federal
policies rather than those of Fort Collins. Fort Collins has a strong economy.
Councilmember Roy stated he would support the motion and added the outcome of this vote will
determine the future of Fort Collins' quality of life.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
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August 17, 2010
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Resolution
2010-059.
Councilmember Ohlson stated Fort Collins has not raised its base tax rate in 28 years and has one
of the lowest sales tax rates in the Front Range. There will be no chance to build up reserves if this
tax does not pass.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Extension of the Meeting
Councilmember Roy made a motion, seconded by Councilmember Manvel, to extend the meeting
past 10:30 p.m. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays:
none.
THE MOTION CARRIED.
Resolution 2010-049
Authorizing the Execution of a Second Amendment Further Extending
the Term of an Intergovernmental Agreement Between the City of Fort Collins,
the City of Longmont, and Platte River Power Authority Relating
to the Operation of a Joint Customer Information System, Adopted
The following is staffs memorandum for this item.
"EXECUTIVE SUMIIIARY
In January 1998, the cities of Longmont and Fort Collins entered into a 10 year intergovernmental
agreement with Platte River PowerAuthority to purchase and operate a joint customer information
system (for customer account management and billing) on behalf of the two cities. On August 26,
2008, the term of the agreement was extended for two years.
As of December 31, 2010, Fort Collins Utilities will be subject to the Red Flags Rules, the
implementing regulations of the Fair and Accurate Credit Transactions Act (FACT) Act. The Red
Flag Rules require utilities with covered accounts to take steps to detect, prevent and mitigate
identity theft. This Resolution extends the agreement with Platte River and the City of Longmont for
one additional year to resolve issues related to compliance with this law.
BACKGROUND
In 1998, Platte River Power Authority, Fort Collins and Longmont purchased a joint customer
information system, to be operated on behalf of the two cities by Platte River. Platte River entered
into agreements with a vendor for the purchase of the system and an annual technical support
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August 17, 2010
program. Platte River also purchased system hardware and operating software and hired technical
staff to operate and maintain the customer information system at its facility. Per the
intergovernmental agreement, Fort Collins and Longmont reimburse Platte River for all costs
associated with the purchase and operation of the system.
To comply with the Red Flags Rules, Fort Collins Utilities has and will continue to develop policies
and procedures designed to detect, prevent and mitigate identity theft and has elected to require
Platte River to implement specific data security and other measures to protect Fort Collins customer
data and accounts. The parties require additional time to further develop these specific measures.
Eric Sutherland, 3520 Golden Currant, expressed concern regarding internet security with respect
to pop -ups on the City billing website.
Mayor Hutchinson asked for staff input regarding the pop-up advertisements. Patty Bigner, Utility
Services, replied staff will investigate other means to relay information to customers.
Mayor Hutchinson asked for a white paper report to be prepared for Council.
Councilmember Kottwitz stated the pop-up should be removed from the website.
Councilmember Ohlson asked about the use of the Green E logo. Bigner replied the Green E
program is nationally recognized for setting the standard for certification of renewable energy
products. Brian Janonis, Utility Services Executive Director, stated the Green E program is
nationally recognized and provides national standards. He stated he is unaware of any better
program. Bigner added the Green E logo pop-up has been removed from the website.
Councilmember Roy stated he would like to have information regarding customer privacy in the
white paper report.
Mayor Hutchinson stated he would like the white paper to contain any information regarding
replacing the Green E logo on the website and information regarding how users will be able to
access an electronic version of the utility bill inserts.
Councilmember Manvel asked why Longmont is the only, other community sharing the utility billing
website with Fort Collins. Bigner replied Longmont has had a relationship with PRPA since 1998
but she is uncertain why Loveland and Estes Park have not participated. City Manager Atteberry
replied that at the time the shared billing website was established, Loveland had recently purchased
and implemented a new system.
Councilmember Troxell made a motion, seconded by Councilmember Roy, to adopt Resolution
2010-049. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
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August 17, 2010
Resolution 2010-053
Authorizing the City Manager to Execute an Agreement
Regarding Allegiant Air, LLC Service from Fort Collins -Loveland
Municipal Airport to Mesa, Arizona, Adopted
The following is staffs memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this contract is to provide a financial and marketing boost to support the addition
of new commercial air service at Fort Collins Loveland Airport (FNL). The contract waives 2 of
4 Airport related service fees for six months (Terminal Usage Fee and ARF —Fire Rescue Fee) -
$SO%ach per landing. The contract also supports Allegiant marketing efforts by supplying a
$30, 000 reimbursable that Allegiant can utilize to buy marketing in the Northern Colorado and
Arizona markets. The reimbursable is dependent upon the service commencing and operating 2
flights per week beginning October 2010. Due to the 50/50 ownership structure with the City of
Loveland this contract will be considered by the Loveland City Council as well.
:: f1;�1'T'lllfl�f�
The purpose of this contract is to support marketing efforts during the start-up phase of new route
service from the FNL Airport to Phoenix, Arizona. The two components of the package include a fee
waiver amounting to $100/flight for the first six months of operations, while the second is a directly
billed marketing reimbursable. As Allegiant purchases advertising for this route launch FNL will
review and reimburse bills up to $30, 000. If the service is not operated 2 days per week to Phoenix
the obligation for this reimbursement diminishes based in parallel with the service actually
provided.
As a result, of this additional service, the Airport will realize an annual increase in new revenues
of approximately $160, 000; a comparative analysis to the existing flight schedule and revenue is
attached for informational purposes (Attachment 2).
The package is in parallel with the package offered to Allegiant in 2003 when it began service; at
that time the Airport also invested in additional Airport infrastructure to accommodate new
commercial service; notably, the modular terminal building. Allegiant brought commercial back
to FNL in 2003 after a hiatus of S years, in 1998 United Express and Continental Express abandon
service at FNL.
Based on a recent market analysis completed for FNL by Sabre Airlines Solutions, Phoenix is the
4th largest marketfrom Northern Colorado. Staff has also provided an attached background memo
that describes the contract and background in greater detail.
This contract is consistent with the Business Plan developed by the Airport. The Business Plan
(http://www.fortloveair.com/general-information/guiding-documents) was developed as a
companion document to the Airport Master Plan which focuses exclusively on future capital projects
for the Airport and some f mding options.
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August 17, 2010
The Airport Steering Committee made up of the two Mayors and City Managers directed staff to
develop the business plan with an overarching goal of identifying options for improving Airport
revenue with the goal of eliminating the direct,city investments (currently $85,000). By executing
this contract with Allegiant, additional revenues are generated for FNL. "
Mike Freeman, Chief Financial Officer, discussed the history and purpose of the item. Council is
being asked to consider a financial and marketing agreement with Allegiant Airlines which will
involve adding two flights to Mesa, Arizona. Due to a decrease in flights to Las Vegas 18 months
ago, there will be no net change in number of flights. The proposal waives the terminal usage fee
and fire rescue fee service fees for six months. The overall reduction from those two waivers is
over $5,000. A larger investment provides marketing support for Allegiant. Entitlement funds from
the Federal Aviation Administration increase to $1 million annually with a commercial airline using
a community airport.
("Secretary's note: Councilmember Ohlson left the meeting at 10:50 p.m. and returned at 11:00
p.m.)
Ralph Castain, Fort Collins resident, opposed the item.
Chuck Washington, 1125 Deercroft Court, opposed the item and asked if the flights would go ahead
with or without City support. He suggested a review and update of the Airport Business Plan.
Councilmember Kottwitz asked if this item needed to be voted upon at this time. Freeman replied
the item is on both Fort Collins' and Loveland's Council agendas tonight, at the request of Allegiant
Airlines.
Councilmember Kottwitz thanked staff for its work on the item. She asked about the impact of the
item on property values. Freeman replied staff has not researched the issue of property values.
Councilmember Kottwitz asked about the source of economic impact values. Freeman replied the
State of Colorado does an economic analysis of state airports periodically. If Council does not have
a goal of creating a self-sustaining airport, a significant deviation from the Airport Business Plan
would result. Freeman stated the Airport is not actively recruiting commercial service. There are
opportunities, without having more direct investment from the cities, to try to improve Airport
revenues, per the Business Plan.
Councilmember Kottwitz noted the proposed new flights will not increase the net number of flights;
additionally, should the new flights result in an increase, FAA regulations would prohibit limiting
flights.
Councilmember Kottwitz asked when the Airport Business Plan is scheduled for review and noted
discussion regarding informing residences located in flight plans has been discussed.
City Manager Atteberry noted the Airport Business Plan was updated in September 2009. He stated
a work session should be scheduled regarding Airport planning in 2011.
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August 17, 2010
Mayor Hutchinson supported a full review of the Airport Business Plan.
Councilmember Roy asked how many subdivisions and residents are near the Airport. Freeman
replied he did not have an accurate estimate of that information.
Councilmember Roy asked how much property values decline per decibel increase. Freeman replied
he did not have that information but would follow up.
Councilmember Roy suggested postponing the item. He asked about contingency plans should the
FAA or federal government have financial troubles. Freeman replied the City does not rely on FAA
dollars but benefits from having an airport with commercial service. Those funds come largely from
fuel taxes on airlines.
City Manager Atteberry noted the Airport Management Team efficiently responds to issues and
concerns.
Mayor Hutchinson asked if property values fluctuate based on two flights per week. City Manager
Atteberry replied the item would be researched.
Councilmember Ohlson asked if it is possible to change the number of flights at the Airport.
Councilmember Manvel replied, to his recollection, it is not possible to regulate that number. City
Manager Atteberry replied the City has little control over commercial flights.
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Resolution
2610-053.
Mayor Hutchinson asked if a work session could be scheduled. City Manager Atteberry replied he
would schedule the item following the April 2011 elections.
Councilmember Manvel asked about additional expenses which would decrease the net income of
$125,000 the first year and $160,000 in subsequent years. Freeman replied there are no, additional
staff requirements or other expenses. Major revenues come from parking.and security, fees paid per
seat on flights.
Councilmember Manvel asked if Airport subsidies would continue if this item moves forward.
Freeman replied the 2011 budget assumes the City will invest $85,000. City Manager Atteberry
stated the item will be investigated prior to the draft 2011 budget.
Councilmember Ohlson stated one of the functions of government is to provide subsidies and he was
not in support of approving the item simply to neutralize the budget.
Councilmember Ohlson expressed concern that, in a time of questioning the role of government in
private industry, private industry is asking for marketing dollars. He stated he would not support
subsidizing marketing as Allegiant should have waited for Council to vote prior to making its
announcement regarding the new flights and marketing.
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August 17, 2010
Councilmember Roy stated he would not support the motion as he is concerned about property,
values.
Councilmember Kottwitz stated she would support the motion as it is a partnership between the
Airport and the City of Loveland.
Councilmember Troxell noted this item was originally on the Consent Calendar. He stated he would
support the motion as the Airport can become a financial hub for the area.
Councilmember Manvel noted, should the City not approve this item, there would be no investment
with an identical payback for the City. He expressed support for Allegiant but stated he would not
support the motion.
Mayor Hutchinson stated eliminating subsidies has been a City goal and this item does not
encourage growth. He stated he would support the motion.
The vote on the motion was as follows: 'Yeas: Hutchinson, Kottwitz, Poppaw and Troxell. Nays:
Manvel, Ohlson, and Roy.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 11:40 p.m.
Mayor
ATTEST: -.
udm� A -1
City Clerk
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