HomeMy WebLinkAboutMINUTES-09/21/2010-RegularSeptember 21, 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, September 21,
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
Pete Seale, 1837 Scarborough Drive, commended the Keep Fort Collins Great Committee for its
efforts to pass Ballot Issue No. 2B.
Neil McCaffery, 1331 Silk Oak, encouraged Council to stop the study of the Poudre River
Floodplain stating it is already sufficiently regulated.
Jim Hoffman, 2406 Rosewood Lane, asked about the purpose of the Poudre River Floodplain study
from an engineering standpoint.
Rich Shannon, 2906 Silverwood Drive, Pinnacle Consulting Group, questioned the model being
used regarding the Poudre River Floodplain study and asked that a group of impacted citizens be
formed to examine the study.
Mike Bellow, 2309 Sunstone Drive, opposed changes to the Poudre River Floodplain regulations.
Don Butler, 540 South Taft Hill, opposed changes to the Poudre River Floodplain regulations.
Greg Woods, 2621 Rigden Parkway, opposed changes to the Poudre River Floodplain regulations
and expressed concern that the changes would negate the North College Avenue improvements.
Michelle Jacobs, Fort Collins Board of Realtors, supported the adoption of the 2009 International
Codes.
Matt Hoeven, 830 North College, opposed changes to Poudre River Floodplain regulations, citing
investors' inability to make property improvements with new regulations.
Tyann Youle, Fort Collins Board of Realtors, supported adoption of the 2009 International Codes.
436
September 21, 2010
Ed Zdenek, 799 North College, asked that his project at 799 North College be allowed to continue
under current City standards and Floodplain regulations.
Larry Rice, 424 Pelican Bay, opposed changes to the Poudre River Floodplain regulations.
Greg Grody, 4500 Seneca, Poudre School District Teachers' Association President, opposed ballot
measures 60, 61, and 101.
Cheryl Distaso, Center for Justice, Peace, and Environment, asked if the Budget Hearing could be
moved to the beginning of the agenda.
Heather Wolhart, 2520 Constitution Avenue, opposed changes to Poudre River Floodplain
regulations.
Bonnie Ziden, Fort Collins resident, opposed changes to Poudre River Floodplain regulations and
stated funds should be spent elsewhere.
Eric Holsapple, Loveland Commercial and owner of North College Marketplace, opposed changes
to Poudre Rivet Floodplain regulations.
Don Shannon, 630 Scottsdale Lane, opposed changes to the Poudre River Floodplain regulations.
Clint Skutchan, Fort Collins Board of Realtors, supported the adoption of the 2009 International
Codes.
Marge Moore, 2049 Angelo Drive, opposed changes to the Poudre River Floodplain regulations.
Dean Hoag, 1475 North College, opposed changes to the Poudre River Floodplain regulations. _
Shawn Dougherty, North Fort Collins Business Association, discussed the annual Coats and Boots
fundraising drive for winter apparel for school children.
Roger McCarville, Arvada resident, opposed the adoption of the 2009 International Codes.
Charlie Messerlian, 700 North College, opposed changes to the Poudre River Floodplain regulations
and stated a law suit would be filed against the City should the changes move forward.
Bruce Lockhart, 2500 East Harmony Road, opposed changes to the Poudre River Floodplain
regulations.
Ray Martinez, 4121 Stoneridge Court, asked why changes to the Poudre River Floodplain
regulations are being proposed during an economic crisis and whether or not FEMA has questioned
thecurrent regulations.
Peggy Skibo, 1008 North College, opposed changes to Poudre River Floodplain regulations.
437
September 21, 2010
Monte Barry, 415 South Howes Street, asked that non -emergency vehicles not be allowed on City
trails.
Stacy Lynne, 216 Park Street, discussed methane produced by termites and opposed changes to
Poudre River Floodplain regulations.
Thomas Edwards, Fort Collins Bicycle Coalition, discussed the high volume of bicyclists running
red lights.
Citizen Participation Follow-up
Councilmember Troxell supported halting the process for the Poudre River Floodplain regulation
changes and asked why the item came before Council at a recent work session. He asked if the
statements made regarding the stringency of the current regulations are true and whether or not
FEMA has suggested changes. He asked about the impact of potential changes on the Urban
Renewal Authority and whether or not the potential changes would negate the Dry Creek
improvements.
Councilmember Kottwitz asked for a timeframe regarding outreach for the Poudre River Floodplain
regulation changes.
Councilmember Ohlson stated he would not support halting the potential changes to the Poudre
River Floodplain regulations this evening as it is not appropriate governance. He stated he would
be willing to take individuals' statements regarding the Budget prior to the remainder of the meeting
should those individuals have transportation issues.
Councilmember Manvel stated the Poudre River Floodplain study is being funded by stormwater
dollars and stated the item should move forward quickly but should be explored.
Councilmember Poppaw asked if it would be appropriate to move the Budget Hearing to the start
of the meeting.
Mayor Hutchinson stated the original agenda should be followed but individuals with transportation
issues should speak first at the Budget Hearing.
Councilmember Roy supported moving the budget hearing to the beginning of the meeting.
Councilmembers Kottwiz and Ohlson suggested changing the order of future meetings involving
budget hearings.
City Manager Atteberry discussed outreach regarding the Poudre River Floodplain regulations.
:1190
September 21, 2010
A;enda Review
City Manager Atteberry stated Item No. 9, Resolution 2010-062 Adopting the Eighth Amendment
to the City of Fort Collins General Employees' Retirement Plan as Amended and Restated
December 31, 2001, Allowing Active Members to Continue Membership in the Plan or to Cease
Membership in the Plan and Participate Exclusively in Other City Retirement Plans, will be moved
to the October 5th meeting.
Stacy Lynne, 216 Park Street, withdrew Item No. 10, Resolution 2010-063 Regarding Article X�7X
of the Colorado Constitution Concerning Ethics in Government.
CONSENT CALENDAR
6. Second Reading of Ordinance No. 096, 2010, Appropriating Unanticipated Revenue in the
General Fund to the Fort Collins Housing Authority to Fund Affordable Housing and
Related Activities.
The Fort Collins Housing Authority paid the City of Fort Collins $16,948 as the 2007, 2008,
and 2009 payments for public services and facilities. This Ordinance, unanimously adopted
on First Reading on September 7, 2010, refunds the Payment in Lieu of Taxes (PILOT) to
fund sorely needed affordable housing related activities and to attend to the low-income
housing needs of Fort Collins residents.
7. Second Reading of Ordinance No. 097, 2010, Authorizing a Grazing Lease, Sublease and
Residence Lease on Soapstone Prairie Natural Area.
Soapstone Prairie Natural Area is currently leased to the Folsom Grazing Association; the
existing lease will expire in December 2010. Last year City staff initiated a competitive
Request for Proposals (RFP) process to solicit tenants for a 10-year grazing lease beginning
in 2011. Through that competitive process, the Folsom Grazing Association was selected
as the grazing tenant. Grazing management will be designed to manage for natural resources
of highest conservation priority as outlined in the Soapstone Prairie Natural Area
Management Plan. This Ordinance, unanimously adopted on First Reading on September
7, 2010, authorizes a one-year lease, with renewals for up to nine additional years (through
2020).
8. Items Relating to the Adoption of the 2009 International Codes with Amendments.
A. Second Reading of Ordinance No. 098, 2010, Amending Chapter 5, Article II,
Division 2, of the City Code for the Purpose of Repealing the 2006 International
Building Code (IBC) and Adopting the 2009 International Building Code, with
Amendments.
B. Second Reading of Ordinance No. 099, 2010, Amending Chapter 5, Article II,
Division 2, of the City Code for the Purpose of Repealing the 2006 International
439
September 21, 2010
Energy Conservation Code and Adopting the 2009 International Energy
Conservation Code (IECC), with Amendments.
C. Second Reading of Ordinance No. 100, 2010, Amending Chapter 5, Article II,
Division 2, of the City Code for the Purpose of Repealing the 2003 International
Residential Code (IRC), and Adopting the 2009 International Residential Code, with
Amendments.
D. Second Reading of Ordinance No. 101, 2010, Amending Chapter 5, Article IV of the
City Code for the Purpose of Repealing the 2003 International Mechanical Code,
and Adopting the 2009 International Mechanical Code, with Amendments.
E. Second Reading of Ordinance No.102, 2010, Amending Chapter 5, Article N of the
City Code for the Purpose of Repealing the 2003 International Fuel Gas Code and
Adopting the 2009 International Fuel Gas Code, with Amendments.
These Ordinances, unanimously adopted on First Reading on September,7, 2010, adopt the
2009 International Codes, which represent the most up-to-date, comprehensive, and fully
integrated body of codes regulating building construction and systems using prescriptive and
performance -related provisions. The purpose of these Codes is to establish the minimum
construction requirements to safeguard the public health, safety and general welfare by
regulating structural strength and stability, sanitation, light and ventilation, energy
conservation, and property protection from hazards attributed to the built environment within
the City of Fort Collins.
9. Resolution 2010-062 Adopting the Eighth Amendment to the City of Fort Collins General
Employees' Retirement Plan as Amended and Restated December 31, 2001, Allowing
Active Members to Continue Membership in the Plan or to Cease Membership in the Plan
and Participate Exclusively in Other City Retirement Plans.
Recent actuarial studies have established that, due primarily to financial market conditions
over the past several years, the General Employees' Retirement Plan (GERP) is significantly
underfunded and will be unable to meet its long-term financial obligations under current
funding levels and reasonably anticipated financial market conditions. The Council Finance
Committee, at its April 19, 2010 meeting, stated it was committed to continuing the Plan.
However, in light of the current economic and budgetary challenges facing the City, it
appeared prudent to seek additional funding from the members to ensure the solvency of the
Plan. The General Employees' Retirement Committee (GERC), its actuary, and the City's
Finance Director have extensively studied and considered Plan design and funding
alternatives that would strengthen and improve the long-term financial condition of the Plan,
and have consulted with active Plan members to seek input into such Plan design and
funding alternatives.
The best alternative to improve the Plan's funding is to redirect to the Plan, on a uniform
percentage basis, employer contributions currently made on behalf of active Plan members
September 21, 2010
to other City retirement plans (i.e., the City's 401(a) money purchase plans and 457 deferred
compensation plan), effective as of January 1, 2011. The City also intends to make
additional employer contributions to the Plan, effective January 1, 2011, with such
contributions based on a percentage of compensation of active Plan Members, and with an
initial targeted contribution rate of three percent (3%) of member compensation, dependent
on inclusion in subsequent budget and appropriation ordinances. At the request of the
GERC, two alternatives to ongoing membership in the GERP will be provided to GERP
members: (1) terminating active membership in the GERP, freezing the member's GERP
benefit (for later distribution under the terms of the Plan at the election of the member), and
participating exclusively in other City retirement plans; or (2) ceasing membership in the
GERP and participating exclusively in other Cityretirement plans, with the member's GERP
benefit to be rolled over into one such other City retirement plan. The options will limit the
growth of the City's liability for future benefits while allowing those employees flexibility
with respect to ongoing participation in the Plan and with their Plan benefits.
This Resolution amends the Plan to allow for the continuation of GERP membership
(including benefit accrual) for those willing to have the City's contribution on their behalf
made to other retirement plans reduced by 3%, and as an alternative allows GERP members
the option to exit the GERP and participate exclusively in other City retirement plans, if they
so desire. Any necessary changes to the other retirement plans (401(a) money purchase plan
and 457 deferred compensation plan) will be accomplished by administrative action of the
City Manager, who is charged by the City Code with establishing the beriefits of
employment for City employees, subject to appropriation of funds by City Council.
10. Resolution 2010-063 ReQardiniz Article XXIX of the Colorado Constitution Concerning
Ethics in Government.
This Resolution establishes a clear and concise basis for the conclusion that the provisions
of Article XXIX of the Colorado Constitution, commonly referred to as Amendment 41, are
not applicable to the City because the City's Charter and Code adequately and appropriately
address the matters covered by Amendment 41 regarding the ethical conduct of City officials
and employees. Amendment 41 specifically provides that the City is not subject to its
provisions when the City has addressed the matters covered by Amendment 41.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
6. Second Reading of Ordinance No. 096, 2010, Appropriating Unanticipated Revenue in the
General Fund to the Fort Collins Housing Authority to Fund Affordable Housing and
Related Activities.
7. Second Reading of Ordinance No. 097, 2010, Authorizing a Grazing Lease, Sublease and
Residence Lease on Soapstone Prairie Natural Area.
441
September 21, 2010
8. Items Relating to the Adoption of the 2009 International Codes with Amendments.
A. Second Reading of Ordinance No. 098, 2010, Amending Chapter 5, Article II,
Division 2, of the City Code for the Purpose of Repealing the 2006 International
Building Code (IBC) and Adopting the 2009 International Building Code, with
Amendments.
B. Second Reading of Ordinance No. 099, 2010, Amending Chapter 5, Article II,
Division 2, of the City Code for the Purpose of Repealing the 2006International
Energy Conservation Code and Adopting the 2009 International Energy
Conservation Code (IECC), with Amendments.
C. Second Reading of Ordinance No. 100, 2010, Amending Chapter 5, Article II,
Division 2, of the City Code for the Purpose of Repealing the 2003 International
Residential Code (IRC), and Adopting the 2009 International Residential Code, with
Amendments.
D. Second Reading of Ordinance No. 101, 2010, Amending Chapter 5, Article IV of the
City Code for the Purpose of Repealing the 2003 International Mechanical Code,
and Adopting the 2009 International Mechanical Code, with Amendments.
E. Second Reading of Ordinance No.102, 2010, Amending Chapter 5, Article IV of the
City Code for the Purpose of Repealing the 2003 International Fuel Gas Code and
Adopting the 2009 International Fuel Gas Code, with Amendments.
Ordinances on First Reading were read by title by City Clerk Krajicek.
14. First Reading of Ordinance No. 103, 2010, Appropriating Unanticipated Revenue in the
General Fund for the Coca-Cola/ Angell's Delicatessen Sign Restoration on the J. L.
Hohnstein Block, 220 East Mountain Avenue.
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.
Consent Calendar Follow-up
Councilmember Roy thanked citizens for positive feedback regarding the adoption of the 2009
International. Codes.
442
September 21, 2010
Staff Reports
City Manager Atteberry recognized Laurie D'Audney, Utility Services Water Conservation
Specialist, for receiving a water conservation award from the Rocky Mountain Section of the
American Water Works. The City recently earned 3rd place in the 2010 Best of Web and Digital
Government Achievement Awards from the Center for Digital Government. Game Day, a joint
effort between CSU, the Fort Collins Convention and Visitors Bureau, the Downtown Business
Association, the Chamber of Commerce, and the City, is a communitywide project designed to build
community spirit and bolster the local economy.
Councilmember Reports
Councilmember Poppaw thanked staff at the Lynnwood Chapel for a recent tour of its renovated
facility.
Councilmember Ohlson announced the nationwide Prescription Drug Take Back Day and stated Fort
Collins will participate on September 25th.
Councilmember Troxell discussed the upcoming CSU football game and the Character Fort Collins
tailgating celebration. Football 101, sponsored by the International Programs Office at CSU, will
be held for incoming international students.
Ordinance No. 103, 2010,
Appropriating Unanticipated Revenue in the General Fund for the
Coca-Cola/ Angell's Delicatessen Sign Restoration on the J. L.
Hohnstein Block, 220 East Mountain Avenue, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUM_ MRY
This request appropriates unanticipated revenue in the amount of $44, 694 for the restoration of the
Coca-Cola and Angell 's Delicatessen sign on the J. L. Hohnstein Block, 220 EastMountain Avenue.
The City was awarded a $22,200 State Historical Fund (SHF) grant in 2009 by the Colorado
Historical Society to restore the deteriorating historic 1958 sign. Matching funds in the amount of
$22,494 will be provided by the Downtown Development Authority, the building's owner,
Progressive Old Town Square, LLC, the City of Fort Collins, and the Fort Collins Historical
Society. The City will be responsible for managing the project and administering the grant and the
cash match funds.
This item was brought forward initially on May 18, 2010. At that time, Councilmembers expressed
concern about the ultimate appearance of the Coca-Cola sign and requested additional information
on various treatment options. Staff has since met several times with stakeholders and has identified
four preferred treatment options. A conservator will conduct a detailed treatment analysis of the
Coca-Cola sign. From this expert analysis, the appropriateness of each of the four preferred
443
September 21, 2010
treatment options will be identified and a final treatment will be recommended. If Council agrees
with the four options, and adopts this unanticipated revenue ordinance, the final decision on the
appropriate treatment will be made by Council, with the concurrence of the property's owner, the
Colorado Historical Society, and the Landmark Preservation Commission.
BACKGROUND
Since this item was initially presented to Council on May 18, 2010, additional information has been
received from National Park Service (NPS) conservators regarding the proposed sealant, Acryloid
B72, raising questions about its appropriateness for this use. Additionally, the author of NPS's
Preservation Brief No. 25, "The Preservation of Historic Signs, " has changed his opinion on
appropriate treatments since publication of the brief Staffprepared a series ofphoto-simulations
of possible treatment options and further research was conducted on different conservation
consolidates and on peer community ghost sign treatments. This information was presented to
pertinent stakeholders at an onsite Special Stakeholder Meeting held August 9, 2010. The
stakeholders in attendance included representatives from the Downtown Development Authority,
Landmark Preservation Commission, Colorado Historical Society, City staff, the property owner,
the executor of Coca-Cola sign painter Don Brown's estate, as well as an experienced local wall
sign painter and a historic preservation structural engineer, known to City staff and the Landmark
Preservation Commission. Additionally, the treatment options were discussed at the August 11,
2010, regular meeting of the Landmark Preservation Commission. Of the many different treatment
options originally identified, the stakeholders have narrowed them down to fourpreferred treatment
options.
The preferred treatment options are:
1. Preserve the existing sign, if an appropriate conservation coating can be identified that will
not damage the sign and/or the underlying wall (Attachment 1).
2. Repaint the sign using faded, muted colors to match those that currently exist (Attachment
2).
3. An iteration of the second option: repaint the sign using faded, muted colors to match those
that currently exist, and also leave small patches ofthe existing bare brick in the background
unpainted, as currently in existence. Leaving small patches of the existing bare brick in the
background will further emphasize the old appearance (Attachment 3). "
4. A fourth option was identified at the August 11, 2010, regular meeting of the Landmark
Preservation Commission. This option, also agreeable to the principal stakeholders, is to
repaint the sign to its circa 1978 appearance to include missing elements such as the
lettering under the main sign and painter Don Brown's signature, as demonstrated in
existing photo -documentation (Attachment 4). Colors -would still be faded, but less so than
in previous options.
444
September 21, 2010
To establish the final treatment option, paint and mortar analyses will be performed, as well as a
test patch. The results of these analyses, and the performance of the test patch, will, to a great
degree, determine which of the four preferred options are appropriate. At this point, staff will seek
final stakeholder concurrence, and will then bring a recommended option to Council for
consideration.
The detailed scope of work described in the grant calls for comprehensive documentation of the
sign, paint and mortar analysis, brick repointing, a test patch, surface preparation and possible
paint consolidation, repainting, a protective railing, interpretive signage, and an ongoing
maintenance plan. "
Steve Dush, Current Planning Director, discussed the appropriation of $45,000 for restoration of the
Angell's Delicatessen sign. Funding will come from the State, City, Downtown Development
Authority, Fort Collins Historical Society, and the property owner.
Karen McWilliams, Historical Preservation Planner, reviewed four preferred treatment options
created by staff.
Eric Sutherland, 3520 Golden Currant, stated the triple bottom line is not a 21 st century innovation.
Stacy Lynne, 216 Park Street, opposed this expenditure and asked how much staff time has been
spent regarding this sign.
Councilmember Manvel asked about overall financing for the project. Dush replied the total cost
of the project is $44,694, of which $22,000 is coming from the State. The City's portion would be
$6,388.
Councilmember Troxell asked why this particular sign is being proposed for treatment. McWilliams
replied the sign was chosen because of its prominence in the downtown area and because it is a
designated Fort Collins landmark, unlike other ghost signs in Fort Collins.
Councilmember Troxell asked about staff time put into the project. McWilliams replied staff time
has not been extensive; most of the project and grant management is being funded through the grant
from the Colorado Historical Society.
Councilmember Troxell asked if any attempt was made to look for private funding for the City's
portion of the cost. McWilliams replied no active fundraising campaign has occurred. Funds were
allocated in 2008 specifically for this project.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No.
103, 2010, on First Reading.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
...
September 21, 2010
Resolution 2010-064
Opposing the 2010 Statewide Ballot Measures Designated as
Proposition 101 and Amendments 60 and 61, Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUMA1ARY
The November 2, 2010 ballot will include three measures that, ifpassed, would collectively severely
reduce City revenues and restrict financing options. Proposition 101 would eliminate $11 million
in City revenue by 2014. Amendment 60 would reduce the City General Fund by $2.5 million in
2011 and likely result in rate increases for City utility customers. Amendment 61 would severely
limit the City's ability to finance operations and capital projects and refinance existing debt.
The City of Fort Collins has already eliminated $24 million from its 2005 to 2010 budgets and has
proposed an additional $5.5 million reduction for the 2011-2012 Budget. Ifpassed, Proposition
101, Amendment 60 and Amendment 61 will reduce revenues further, hamper the City's ability to
provide critical services, and harm the state and local economy. Resolution 2010-064 expresses
Council's strong opposition to these three measures.
BACKGROUND
The November 2, 2010 ballot will include three measures that, Ifpassed, would collectively severely
reduce City revenues and restrict financing options. A detailed description of Proposition 101,
Amendment 60 and Amendment 61 is included in Attachment]. This information comes from the
"Blue Book" written by the state Legislative Council. The following is a summary of each measure
and its impact on the City.
Proposition 101: Income, Vehicle, and Telecommunication Taxes and Fees
Amends the Colorado statutes to:
• Reduce the state income tax rate from 4.63 percent to 4.5 percent in 2011, and to 3.5 percent
gradually over time.
• Reduce or eliminate taxes and fees on vehicle purchases, registrations, leases, and rentals
over the next four years.
• Eliminate all state and local taxes and fees on telecommunications services, except 911 fees.
• Require voter approval to create or increase fees on vehicles and telecommunications
services.
One estimate suggests that as a result of these combined reductions the State general fund will lose
25% of its revenue, or more than $1 billion. The estimated impact of Proposition 101 on the City
of Fort Collins is a loss of $11 million annually by 2014 and includes the following reductions:
Vehicles rental and leases $ 600,000
Vehicles sales $3,590,000
446
September 21, 2010
• Vehicle ownership $1,242,000
• Funding Advancement for Surface Transportation and Economic Recovery revenues
(FASTER) $ 850,000
• Telecommunications $3, 000, 000
• Franchisefeesphone%able $1,700,000
Amendment 60: Property Taxes
Amends the Colorado Constitution to:
• Repeal the current voter -approved authority of local governments to keep property taxes
above their constitutional limits.
• Establish expiration dates for future voter -approved property tax increases.
• Cut local property tax rates for public schools' operating expense in half over ten years and
replace this money with state funding each year.
• Require publicly owned enterprises to pay property taxes and reduce local property tax rates
to offset the new revenue.
• Provide new voting rights to certain property owners in Colorado and permit citizens to
petition all local governments to reduce property taxes.
If passed, Amendment 60 would require the City to refund $2.5 million per year in property taxes
unless voters approve retention of those funds. Enterprises would be required to pay property taxes,
resulting in the City Utilities paying property taxes of $18 million annually.
The cost to the state to offset school district property tax reductions is estimated to be more than
$600 million annually.
Amendment 61: Limits on State and Local Government Borrowing
Amends the Colorado Constitution to:
• Prohibit all new state government borrowing after 2010.
• Prohibit new local government borrowing after 2010, unless approved by voters.
• Limit the amount and length of time of local government borrowing.
• Require that tax rates be reduced after borrowing is fully repaid.
Amendment 61 would strictly limit the City's ability to finance operations and capital projects and
refinance existing debt. Borrowing rates would increase and voter -approved bonded debt would
have to be repaid in 10 years, resulting in higher annual payment obligations. Smaller communities
may not have the capacity to borrow at all under these restrictions. Amendment 61 also would
prohibit the City from using lease purchase agreements and raises questions about City credit
cards, employment agreements and accrued leave obligations.
447
September 21, 2010
Response by other entities
Many other cities and governmental organisations across Colorado have expressed opposition to
these measures via formal resolutions or other means. State organizations opposing the measures
include Colorado Municipal League (CML), Colorado Counties Inc. (CCI), Colorado State Fire
Chiefs Association, Special Districts Association and Colorado Association of School Boards
(CASE).
Local organizations in opposition include, but are not limited to..
• Downtown Development Authority Board of Directors (Attachment 2)
• Poudre School District Board of Education (Attachment 3)
• Colorado State University Board of Governors (Attachment 4)
• Platte River PowerA uthority —Board members will consider resolution in opposition later
in September
• Poudre River Public Library District— will consider a resolution in opposition on September
13, 2010
• Larimer County — Commissioners will consider a resolution in opposition in the coming
weeks
Conclusion
The City of Fort Collins has already eliminated $24 million from its 2005 to 2010 budgets and has
proposed an additional $5.5 million reduction for the 2011-2012 Budget. If passed, Proposition
101, Amendment 60 and Amendment 61 will reduce revenues further, restrict the City's ability to
provide critical services, and harm the state and local economy. "
City Manager Atteberry discussed the potential effects of passage of Proposition 101 and
Amendments 60 and 61.
Tess Heffernan, Policy and Project Manager, detailed Proposition 101 and Amendments 60 and 61.
John Voss, Interim Finance Director, discussed the financial impact of Proposition 101 and
Amendments 60 and 61.
Stacy Lynne, 216 Park Street, opposed the Resolution.
Greg Grody, 4500 Seneca, Poudre School District Teachers' Association President, supported the
Resolution.
Eric Sutherland, 3520 Golden Currant, supported the Resolution and stated Fort Collins'
representatives were not present at a recent Platte River Power Authority meeting.
Bruce Lockhart, 2500 East Harmony Road, commended Douglas Bruce, creator of the Tax Payers'
Bill of Rights (TABOR), and opposed the Resolution.
448
September 21, 2010
Chase Eckert, ASCSU, supported the Resolution.
Cheryl Distaso, Center for Peace, Justice, and Environment, stated more creative funding streams
need to be created within the City and supported the Resolution.
Mayor Hutchinson stated it is unusual for Council to take a position on a State ballot issue; however,
these items would significantly affect the City.
Councilmember Kottwitz asked if the public would be informed by the City Manager as to the
possible effects of passage of the items. City Manager Atteberry replied, should Council adopt the
Resolution unanimously, he could ethically participate on his own time to write for or against
passage. Should there be a dissenting vote, he would not ethically participate.
Councilmember Kottwitz asked why the City Charter prohibits Councilmembers from abstaining
from voting. City Attorney Roy replied the Charter states that every Councilmember present at a
meeting should vote.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2010-064.
Councilmember Kottwitz stated she would like to abstain from the vote as she was elected to vote
on local issues. She stated she could not support an item she did not feel Council should be
considering.
Councilmember Ohlson stated this item directly relates to City government and would have a
detrimental effect on the City should the amendments and proposition pass.
Councilmember Manvel stated these items would be disastrous for the City and State and added it
is the responsibility of Council to make a statement.
Councilmember Poppaw stated these items would devastate the City and State.
Mayor Hutchinson encouraged citizens to examine ballot item details and stated it is the
responsibility of Council to take a position on items affecting the City to such a degree.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: Kottwitz.
THE MOTION CARRIED.
("Secretary's note: The Council took a brief recess at this point in the meeting.)
EIEW
September 21, 2010
Public Hearing on the 2011-2012 Recommended Biennial
Budget for the Citv of Fort Collins, Hearing was Held
The following is staff s memorandum for this item:
"EXECUTIVE SUALVIARY
This is the first official public hearing on the City Manager's 2011-2012 Recommended Biennial
Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on
the 2011-2012 budget.
In an effort to receive further public input, a second public hearing is scheduled for the October 19,
2010 Council meeting. Public input will also be taken during the budget adoption meetings on
Tuesday, November 2 and Tuesday, November 16, 2010 at 6: 00 p. m. in the Council Chambers.
The City Manager's 2011-2012 Recommended Budget can be reviewed at the Main Library, the
Harmony Branch Library, Council Tree Library, or the City Clerk's Office. The recommended
budget can also be viewed online at w-ww.%vov.com/budget. "
City Manager Atteberry stated this budget does not assume that Proposition 101 and Amendment
60 and 61 pass and does not assume the 0.85% sales tax increase passes. He discussed the major
themes of the budget and noted dedicated funding sources cannot be used for police, fire, recreation,
and other services.
Yvonne Longacre, 1550 Blue Spruce, discussed accessible housing limitations and opposed cuts to
Dial -a -Ride and Transfort services.
Sarah Allman, 1200 East Stuart, opposed cuts to Dial -a -Ride and Transfort night services.
Marcia Fitzhorn spoke on behalf of Mike Devereaux, Public Transit Action Group President, who
opposed cuts to Dial -a -Ride night service.
Marcia Fitzhom, 2101 Roilingwood Drive, opposed cuts to Dial -a -Ride night service.
Paul Rosenzweig, 112 Rutgers, opposed cuts to Transfort and Dial -a -Ride Saturday and night
services.
Dale Lockwood, 4250 Stoneridge Drive, Team Vortex President, opposed the proposed closure of
Mulberry Pool.
Josh Ginsborg, 5700 Heartstone Circle, discussed the importance of youth swimming programs and
opposed the proposed closure of Mulberry Pool.
Eric Sutherland, 3520 Golden Currant, disagreed with City Manager Atteberry's statement that
dedicated funding sources could not be used for General Fund items.
450
September 21, 2010
Allen Ginsborg, 5700 Heartstone Circle, opposed the proposed closure of Mulberry Pool.
Adam Hoffman, 902 Pinnacle Place, opposed the proposed closure of Mulberry Pool and proposed
raising fees at Mulberry Pool and EPIC to help close the budget gap.
Asher Summers, Team Vortex swimmer, opposed the proposed closure of Mulberry Pool.
Randy Pritchard, 7020 Barbara Drive, FAST Swim Club, opposed the proposed closure of Mulberry
Pool and stated Fort Collins is far behind other comparable cities in terms of pool space.
Ken Tharp, 601 Birky Place, supported continued funding for the Gardens on Spring Creek, the
Senior Center, and environmental services and education. He asked how many elections have
resulted in a plurality vote and if ranked or instant run-off voting would work.
Cheryl Distaso, Center for Justice, Peace, and Environment, urged Council to move budget hearings
to the start of meetings. She discussed the importance of public transportation, youth programs and
encouraged research regarding alternative funding sources.
Jackie Charlesworth, 1036 Tierra Lane, opposed the proposed closure of Mulberry Pool.
Ellen Lirley, 3201 Sharps Street, discussed the importance of the Senior Center and its outdoor
recreation program to the Fort Collins community.
Nathaniel Mullins, Fort Collins resident, opposed the proposed closure of Mulberry Pool.
Bruce Lockhart, 2500 East Harmony Road, suggested raising visitor fees or charging Poudre School
District for its use of the Mulberry Pool. He suggested cutting funds to create a High Performing
Government and repurposing the open space tax.
Philip Hoffman, 2406 Rosewood Lane, opposed the proposed closure of Mulberry Pool.
Stacy Lynne, 216 Park Street, discussed the failed trash districting plan and suggested 30% salary
cuts for specific employees. She asked about the food budget for employees and elected officials.
Mark Morehouse, 2216 Vassar Avenue, Fossil Ridge High School swim coach, opposed the
proposed closure of Mulberry Pool.
David Milke, 3019 Cumberland Court, opposed the proposed closure of Mulberry Pool.
Thomas Edwards, Fort Collins Bicycle Coalition, discussed the high volume of bicyclists running
red lights and potential revenue which could result from ticketing those bicyclists.
Councilmember Roy thanked the citizens who spoke regarding the budget items. He stated the
Budgeting for Outcomes process, along with input from the City Manager and Council, should result
in a government desired by citizens within existing fiscal restraints.
451
September 21, 2010
Councilmember Poppaw thanked the citizens who spoke and thanked staff for its recommendations.
She apologized to individuals with transportation challenges who were not able to speak.
Resolution 2010-063
Regarding Article XXIX of the Colorado Constitution
Concerning Ethics in Government, Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUVAL4RY
This Resolution establishes a clear and concise basis for the conclusion that the provisions ofArticle
=of the Colorado Constitution, commonly referred to as Amendment 41, are not applicable to
the City because the City's Charter and Code adequately and appropriately address the matters
covered by Amendment 41 regarding the ethical conduct of City officials and employees.
Amendment 41 specifically provides that the City is not subject to its provisions when the City has
addressed the matters covered by Amendment 41.
BA CKGR O UND/D IS C USSION
Article MY of the Colorado Constitution, commonly referred to as Amendment 41, was adopted
by the voters of Colorado in 2008. This amendment provides limitations on gifts to government
officials and employees and creates a state ethics commission to hear complaints, issue findings and
advisory opinions, and assess penalties in connection with ethics issues arising under the provisions
of the Amendment. Importantly, Section 7 of Amendment 41 provides that its provisions will not
apply to home rule municipalities that have adopted charters, ordinances, or resolutions that
address the matters covered by Amendment 41.
Prior to the adoption ofAmendment 41, the City of Fort Collins had, through its Charter and Code,
adopted comprehensive regulations which effectively address the ethical behavior of its officials and
employees. The City Charter and Code provisions address those matters covered by Amendment
41 and the provisions of Amendment 41 should therefore not be applicable to the City. This
Resolution recites the areas addressed by Amendment 41, recites the manner it which the City
addresses the Amendment 41 subject areas, and concludes that Amendment 41 is not applicable to
the City because the City Charter and Code adequately and appropriately address those matters
covered by Amendment 41. This Resolution provides a clear statement by the City that it has
addressed the regulation of the ethical conduct of its officials and employees. "
Stacy Lynne, 216 Park Street, discussed Amendment 41, which was adopted by Colorado voters in
2008 and she opposed the Resolution. She asked if the Fort Collins Charter provides for an
independent ethics committee and, if so, how to contact the members of such committee.
Councilmember Roy asked City Attorney Roy to respond to Ms. Lynne's questions. City Attorney
Roy replied the City does not.have the same type of independent ethics committee that exists for
statutory cities under Amendment 41. The City has ethical rules of conduct established in the City
51%
September 21, 2010
Charter which apply to City officials and employees. The City Code provides a City Council Ethics
Review Board which consists of Councilmembers and allows for peer review. The purpose of this
Resolution is to fully address all of the matters applicable to cities that are addressed by Amendment
41 to ensure that, as a home -rule City, Fort Collins is able to follow its own Charter and Code
regulations with regard to ethical rules of conduct. Amendment 41 specifically authorizes home -rule
municipalities to address those matters through their own Charters, Codes, and Resolutions and
exempts them from Amendment 41. There are two matters that are arguably not addressed by either
the Charter or Code: the review of employee ethical matters and the enforcement of state laws
through local penalties. This Resolution, in combination with the Charter and Code fully addresses
all matters addressed by Amendment 41. Upon passage of the Resolution, the City will be taking
advantage of the authority provided in Amendment 41 to address these issues through local
regulations.
Councilmember Roy made a motion, seconded by Councilmember Manvel to adopt Resolution
2010-063. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Other Business
Councilmember Troxell made a motion, seconded by Councilmember Kottwitz, to table the
Stormwater Repurposing Project and related attempts to change the Poudre River Floodplain
regulations beyond those approved in 2007.
City Attorney Roy stated a majority of Council must first find it would be contrary to the interest
of the public to delay consideration of the matter as notice was not given regarding the possibility
of that motion being acted upon.
Councilmembers Troxell and Kottwitz withdrew the motion.
City Attorney Roy asked if at least three Councilmembers would support bringing an item before
Council regarding the Floodplain regulations piece of the Stormwater Repurposing Project.
Mayor Hutchinson asked for a white paper summary of all actions related to the various aspects of
the entire Stormwater Repurposing Project to be provided to Councilmembers prior to consideration
of any action regarding the Project.
Councilmember Ohlson stated he would like to see the process and timetable for the item to proceed.
Councilmember Troxell agreed with Councilmember Ohlson but stated the Floodplain regulations
are stringent enough and the Stormwater Repurposing Project should move forward without
potential changes to those regulations.
Councilmember Troxell asked for an agenda item to be placed before Council to table the changes
to the Poudre River Floodplain regulations beyond.those approved in 2007.
453
September 21, 2010
Councilmember Ohlson stated the "no adverse impact' portion of the item is critical and the process
should move forward as intended.
Councilmember Troxell stated he is in favor of the item moving forward as intended with the
exception of changes to the Floodplain Regulations.
City Manager Atteberry clarified the direction to continue with November public outreach meetings,
stakeholder meetings, and the January work session.
Adjournment
The meeting adjourned at 10:50 p.m. L�
Mayor
ATTEST:
City Clerk
454