HomeMy WebLinkAboutMINUTES-10/06/1992-RegularOctober 6, 1992
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday,
October 6, 1992, at 6:30 p.m. in the Council Chambers of the City of Fort Collins
City Hall. Roll call was answered by the following Councilmembers: Horak,
Kirkpatrick, Maxey and Winokur.
Councilmembers Absent
Staff Members Present:
Azari, Edwards and Fromme.
Burkett, Krajicek, Roy.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #20, Pulled
Consent Items.
7.
11
RE
The Streets Department is performing street maintenance rehab this year
for Phases I, III and IV of the City's Street Rehab program. This work
was not anticipated and hence not included as part of the Streets
Department's 1992 budgeted appropriations. This Ordinance, which was
unanimously adopted on First Reading on September 15, appropriates
$650,000 in the Work for Others program. The Work for Others program
provides patching, sweeping, minor capital construction, drainage facility
maintenance, signing, and painting services to City departments and
divisions on a cost/reimbursement basis. The 1992 budget for Work for
Others is $792,516. It is anticipated that another $650,000 will be spent
in completing requests for services for the remainder of 1992.
Facility.
On November 21, 1974, Loveland, Fort Collins and Larimer County entered
into an Operating and Ownership Agreement for the Sanitary Landfill. That
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10.
October 6, 1992
Agreement provides in paragraph 10 that the landfill site shall be used as
a landfill open to the public and that any other use of the site shall be
reviewed and approved by the Cities and the County. Since the operation
of a recycling facility is not precisely the same as the operation of a
"landfill," it is also necessary for the City to consent to the operation
of the recycling facility. The ordinance proposed includes that necessary
consent as a prerequisite to the approval of the subsequent ground lease
for the actual recycling facility.
Larimer County proposes to lease approximately 11.28 acres of land at the
Larimer County landfill to Ally Capital Corporation of Sausalito,
California. The land is the site of the Larimer County Materials
Recycling Facility. This Ordinance, which was unanimously adopted on
First Reading on September 15, approves the lease agreement. The terms of
the lease are one -dollar per year ($1.00) for a period of 12 years.
The City, with a Community Development Block Grant, purchased, moved, and
rehabilitated the house at 400 Wood Street with the intent of this
facility being used as a Respite Care Center. Respite Care is a service
that helps to provide some relief for the parents of developmentally and
physically disabled children. The City leases this facility to Respite
Care for $1.00 per year for the public purpose of aiding disabled children
and their families. This Ordinance, which was adopted unanimously on
First Reading on September 15, authorizes the execution of a new Lease
Agreement with Respite Care to be effective until September 30, 1997.
In April of 1989 the City issued $11,715,000 of general obligation water
bonds for the purpose of financing the acquisition of water rights and
construction of improvements to the City's water system. The net
effective interest rate on those bonds is 7.361%. The remaining principal
balance can be refunded in today's market at a net effective interest rate
of 6.11% which will result in a net present value savings of $278,234 to
the City in payment of the debt service.
The Ordinance requires the City to
payment of the Refunded Bonds into
General Obligation Water Refunding
Bonds") will be deposited. Refunded
respective maturity dates according
that issue.
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establish an escrow account for the
which most of the proceeds of the
Bonds, Series 1992 (the "Refunding
Bonds will be called prior to their
to the optional redemption terms of
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12.
October 6, 1992
It is estimated that the sources and uses of funds will be as follows:
Sources:
Principal Amount of Bonds $10,600,000
Accrued Interest from Bond Fund 354,000
Total $10,954,000
Uses:
Refunding Escrow $10,813,186
Underwriter's Discount 84,800
Cost of Issuance 55,000
Contingency 1,014
Total $10,954,000
Bonds will be marketed between first and second reading of the Ordinance
and final numbers will be inserted into all documents prior to final
Council action.
For the past five years Fort Collins Police Services has applied for
project funding to the Colorado Division of Criminal Justice for federal
drug grant monies. For project year 1992/1993; Police Services has again
joined with the Loveland Police Department and Larimer County Sheriff's
Department, in one application, for a multi -jurisdictional project to be
administered by Police Services. As administrator of the grant, Police
Services will assure funding to the other participating agencies for their
share of the federal funds.
The City has recently received notification of a grant award in the amount
of $113,468. The participating agencies will be providing match monies in
the amount of $155,627. Fort Collins' portion of the match is $73,056,
which is met through application of the budgeted .salary and fringe
benefits of an existing officer assigned to the Special Investigations
Unit and the salary and benefits of a Secretary I who is also assigned to
that unit.
Police Services will benefit from grant funds in the areas of overtime
monies, confidential funds, lease expenses associated with the off -site
facility and the purchase of new equipment.
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13.
14.
October 6, 1992 '
STATE FORT COLLINS LOVELAND LARIMER COUNTY TOTAL
SHARE MATCH MATCH MATCH
Personnel
$37,500
$73,056
$74,571
0
$185,127
Operating
19,848
0
0
0
19,848
Equipment
9,120
0
0
0
9,120
Confident.
47,000
0
0
$8,000
55,000
Funds
TOTAL $113,468
$73,056
$74,571
$8,000
$269,095
This Ordinance appropriates $35,000 in unanticipated revenue in the
General Fund for the continuation of the Library Adult Literacy Program.
On September 28, 1992, the Planning and Zoning Board gave final approval I
to the Kingston Woods P.U.D., Second Filing, a Replat of Block 1 and Tract
C of Horsetooth Commons P.U.D.
The final action needed is to vacate the street rights -of -way dedicated by
the previous plat (entitled Horsetooth Commons P.U.D.) and to vacate an
excess strip of Horsetooth Road right-of-way along the frontage of the
P.U.D. The streets dedicated on the Horsetooth Commons P.U.D. plat,
McWilliams Place and Patterson Place, were never constructed and the
right-of-way for them is no longer needed. In addition, the right-of-way
previously dedicated for Horsetooth Road along the frontage of the P.U.D.
is a fraction of a foot wider than is necessary for the arterial street.
This narrow strip of right-of-way is not necessary to retain and is
therefore also being vacated at this time.
All City and private utilities have been informed of the replat and have
no objections to the proposed vacation of the previously platted rights -
of -way.
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15.
October 6, 1992
This waiver request pertains to the Bixler Special Review, which is a
request for an indoor video golf business in an existing building, located
at 335 South Summitview Drive. The proposed land use consists of an 18-
hole indoor video golf business; sales, repair and storage of golf
equipment; and an indoor driving range, putting green and chipping area.
There are two existing buildings and a hard -surfaced parking lot on the
site. The site is located at the northwest corner of Summitview Drive and
Lincoln Avenue and is zoned C - Commercial. Of the four Urban Growth Area
Phasing Criteria, the proposed special review meets the requirements for
public water capacity and public sewer capacity. A waiver is being
requested for the public street capacity and one -sixth contiguity to
existing development requirement. The site is not eligible for
annexation; however, the applicant has provided an agreement to annex
when eligible, if requested by the City.
16. Resolution 92-152 Finding Substantial Compliance and Initiating Annexation
Proceedings for the Nordick Annexation.
' The applicant, Gary C. Nordick, on behalf of the property owner, Sharon K.
Nordick, has submitted a written petition requesting annexation of
approximately 2.2 acres located south of West Harmony Road and west of the
Burlington Northern Railroad tracks.
The proposed Resolution makes a finding that the petition substantially
complies with the Municipal Annexation Act, determines that a hearing
should be established regarding the annexation, and directs that notice to
be given of the hearing. The hearing will be held at the time of first
reading of the annexation and zoning ordinances. Not less than thirty
days of prior notice is required by Colorado law.
The property is located within the Fort Collins Urban Growth Area.
According to policies and agreements between the City of Fort Collins and
Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT
COLLINS URBAN GROWTH AREA, the City will consider the annexation of
property in the UGA when the property is eligible for annexation according
to state law. The property gains the required 1/6 contiguity to existing
city limits from a common boundary with the Horsetooth - Harmony
Annexation to the north and the Arbor Commercial Annexation to the east.
17.
The property being considered for annexation has, for a period of not less
' than three (3) years, been completely surrounded by property contained
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October 6, 1992 '
within the boundaries of the City of Fort Collins. The property being
considered for annexation is approximately 435.23 acres in size and is
located generally east of the Union Pacific Railroad tracks, north of East
Drake Road, and south and west of the Burlington Northern Railroad tracks.
The proposed Resolution determines that it is in the best interest of the
citizens of the City to annex the area and that the annexation complies
with the Municipal Annexation Act. The Resolution also determines that a
hearing should be established regarding the annexation, and directs that
notice to be given of the hearing. The hearing will be held at the time
of first reading of the annexation and zoning ordinances on November 17,
1992. A public hearing on the annexation is not required by Colorado law.
The property is located within the Fort Collins Urban Growth Area.
According to policies and agreements between the City of Fort Collins and
Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT
COLLINS URBAN GROWTH AREA, the City will consider the annexation of
property in the UGA when the property is eligible for annexation according
to state law. The property became completely surrounded by the City of
Fort Collins through the following annexations:
N: East Prospect Street First Annexation, September 6, 1973.
E: Rigdon Farm Annexation, August 16, 1988. '
East Prospect Street First Annexation, September 6, 1973.
S: Blue Spruce Farm Annexation, October 6, 1987.
Greenwalt Tenth Annexation, June 21, 1977.
Rigdon Farm Annexation, August 16, 1988.
W: Union Pacific South Second Annexation, May 17, 1988.
The Natural Resources Division wishes to obtain information about
visibility degradation attributable to air pollution in the city. The
primary objectives are to determine whether the city's air quality
conforms to the visibility standard promulgated by the State's Air Quality.
Control Commission, and to establish whether visibility is improving or
degrading over the years. A secondary objective is to find the relative
contribution of scattering and absorption to total extinction, to assist
in determining the sources of visibility degradation and effective
countermeasures. The 1992 budget includes $59,500 for the purchase of the
monitoring equipment and the consulting, installation, and training
services that must accompany the equipment purchase.
Section 8-160 (d)(3) of the City Code requires the City Manager to submit
all procurements exceeding a cost of $50,000 to the City Council for final
approval under the exceptions to the competitive process contained in
Section 8-160(d). This purchase qualifies for exemption because there is '
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October 6, 1992
only one responsible source for the equipment needed. Air Resource
Specialists, Inc. is the only firm in the United States that has
experience with equipping and operating visibility monitoring sites using
the particular monitoring instrument required. Instrumentation
requirements were determined by consulting with the Colorado Department of
health. The U.S. Department of the Interior, National Parks Service
concurs with this finding and currently employs Air Resource Specialists,
Inc. to operate a network of similar visibility monitoring sites
throughout the country.
The Resolution will authorize the Purchasing Agent to negotiate a sole -
source contract for visibility monitoring equipment and services as an
exemption to the use of the competitive procurement process.
19. Routine Deeds and Easements.
a. Powerline Easement from Fred A. Damm, 618 Lesser Drive, needed to
underground existing overhead electric services.
b. Storm Drainage Easement, from Harmony Office Park Partnership,
needed to provide a trash rack, spillway improvements and an access
road along Mail Creek.
C. Access Easement, from U.S. West Communications, Inc., providing an
access road for the trash rack and spillway improvements.
d. Sanitary Sewer Main, from Columbia Savings, needed as a relief for
the existing sanitary sewer line.
e. Powerline Easement from Union Colony Bank, 1600 N. College, to
extend underground electric primary.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
11. Ordinance No. 104, 1992 Authorizing the Issuance of General Obligation
Water Refunding Bonds, Series 1992, Dated October 1, 1992, in the
Aggregate Principal Amount of $10,600,000.
12. Hearing and First Reading of Ordinance No. 105, 1992, Appropriating
Unanticipated Revenue From the Colorado Division of Criminal Justice for
Fort Collins Police Services' Larimer County Multi -jurisdictional Project.
13. Hearing and First Reading of Ordinance No. 106, 1992, Appropriating
Unanticipated Revenue in the General Fund for the Fort Collins Public
Library Adult Literacy Program.
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October 6, 1992
14. Hearing and First Reading of Ordinance No. 107, 1992, Vacating a Portion
of Horsetooth Road Right -Of -Way and Certain Rights -Of -Way in the
Horsetooth Commons P.U.D.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Second Reading of Ordinance No. 100, 1992, Appropriating Unanticipated
Revenue in the Streets Department Portion of the Transportation Fund for
the "Work for Others" Program.
9. Second Reading of Ordinance No. 101, 1992 Consenting to the Operation of
a Materials Recycling Facility at the Larimer County Landfill and
Authorizing the Execution of a Ground Lease for the Materials Recycling
Facility.
10. Second Reading of Ordinance No. 103, 1992, Authorizing the Mayor to
Execute a Lease Agreement with Respite Care, a Non -Profit Corporation.
Councilmember Maxey made a motion, seconded by Councilmember Winokur, to adopt
and approve all items not removed from the Consent Calendar.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Horak, Kirkpatrick, Maxey and Winokur. Nays: None. I
THE MOTION CARRIED.
Staff Reports
Mayor Kirkpatrick commended the City Attorney's office for its efforts on the
recently held Boards and Commissions seminar.
Councilmember Horak reported he would be hosting a neighborhood town meeting on
October 7 at the Lincoln Center for the northwest Fort Collins area.
Second Public Hearing on the Recommended 1993 Budget.
This is the second Public Hearing on the proposed 1993 Budget for the City of
Fort Collins.
City Manager Steve Burkett gave a brief introduction to this item.
John Knezovich, 1205 Green, expressed concerns regarding water and wastewater
rate increases.
Elaine Bonnie, Human Relations Commission member, spoke of the increased number
of homeless people and stated the increase could be attributed to the lack of
affordable housing.
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October 6, 1992
Yolanda C. Nicely, 740 South Lemay, spoke of the need for affordable housing for
the working poor.
Jennifer Carpenter, Chairperson of the Landmark Preservation Commission,
requested funding for a 112 time Historic Preservation Specialist stating recent
demands on staff had increased significantly.
David Herrera, 3300 Pepperwood Lane, spoke of affordable housing policy concerns
and addressed the issues of housing shortages. He requested Council fund the
policy.
Chris Zelle, Chair of the Larimer County Affordable Housing Task Force, residing
at 4404 North County Road 13, urged Council to implement the affordable housing
policy.
Stu VanMevern, District Attorney, spoke in support of funding for the DARE
program and spoke of the programs positive results.
Richard Shockley, Larimer County Sheriff, residing 4601 Inlet Court, urged
Council to support funding for the DARE program.
Donn Hopkins, C.S.U. Police Chief, residing at 1809 Rangeview Drive, concurred
' with Sheriff Shockley.
Gary Buchanan, 1325 Springwood Drive, supported the DARE program.
Zack Stinek, 3210 Moore Lane, opposed the Zoo and spoke in support the Natural
Areas Policy.
Cathy Herzog, elementary school teacher, spoke of the positive aspects of the
DARE program and urged Council to continue funding support.
Lou Stitzel, 521 East Laurel, spoke in support of adopting an affordable housing
policy.
Barbara Allision, 1212 Lynnwood Drive, suggested implementing tax incentives and
spoke of reducing building fees for builders.
Susan Forgue, 725 Parkview Drive, and member of the CARE Board of Directors,
urged Council to adopt the Affordable Housing Policy and requested $250,000 from
general revenue funds for affordable housing needs.
Mary McCambridge, representing Affiliated Banks, spoke of affordable housing
concerns and urged Council to adopt the Affordable Housing Policy and assist with
funding.
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October 6, 1992
Nancy McCambridge, Director of Neighbor to Neighbor, spoke of the large numbers
of citizens paying more than half of their incomes to rent and urged Council to
consider passage of the Affordable Housing Policy.
Bruce Lockhart, 2500 E. Harmony Road, expressed concerns regarding Transfort
equipment needs and suggested repealing the 1/4 sales tax on food which was
passed in early 1980, and use the money to support affordable housing.
Al Bacilli, 520 Galaxy Court, suggested repealing vendor fees and putting the
money into affordable housing.
Councilmember Horak suggested staff provide more information regarding affordable
housing and maintenance on Parks and Recreation facilities issues as they relate
to the budget.
Resolution 92-155
Adopting an Affordable Housing
Policy for the City of Fort Collins, Adopted as Amended.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Resolution provides policy guidance to the City Council and City staff for I
determining the City's role and responsibilities with respect to affordable
housing opportunities for the citizens of Fort Collins.
BACKGROUND
The City Council adopted, as part of its 1991-93 work plan, a goal to strengthen
the community's commitment to affordable housing by developing a comprehensive
policy statement to define the City's role and responsibilities with respect to
affordable housing opportunities in the community.
Since July of 1991, City staff has worked with the Larimer County Affordable
Housing Task Force, the Fort Collins Housing Authority, the City's Community
Development Block Grant (CDBG) Commission and Planning and Zoning Board, and
other interested citizens in developing an affordable housing policy for Councils
consideration. Staff conducted two separate work sessions with Council to
discuss draft versions of the policy and possible implementation actions. The
first work session was held in October of 1991, and the second in March of this
year. At the March work session, several individuals from housing and support
service agencies addressed Council on the importance of an affordable housing
policy for the City.
The general policy statement maintains that the City of Fort Collins desires to
continue its development as a city where all of the people of the community will ,
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October 6, 1992
have the opportunity to live in a safe and healthy environment. This environment
includes the availability of affordable housing choices for low and moderate
income families and individuals to help meet the basic human need for shelter.
The City considers meeting basic human needs as part of its purpose and,
therefore, has a responsible role in the availability of affordable housing to
the citizens of Fort Collins. The City's main objective is to assist private
developers and non-profit agencies in the creation and expansion of affordable
housing opportunities and support services to enhance the quality of life of
lower income people. The City's role in this effort involves facilitating
process and procedure required for housing development and/or
rehabilitation,providing data and demographic information to help define housing
needs, and the consideration of other initiatives on a case -by -case basis.
Policy Impact and Implication
Local government is often the easiest point of contact for citizens in need and,
almost without any argument, there is an affordable housing problem in Fort
Collins. Some citizens do not consider the provision of affordable housing to
be a core function of government in the same vein as the provision of police and
Fire protection services. However, the importance of a comprehensive
safeguarding of the community's human resources drives local government to
consider the basic human needs of people, which includes the need for shelter.
Opportunities for the City of Fort Collins to engage in a leadership role with
regard to affordable housing continue to emerge because local government is the
Focal point of action on many issues and problems. When pressing human concerns
affect a segment of the community, those who want action often turn to the City
for a solution. In the past, federal financial assistance, through the CDBG
program, has afforded the City an opportunity to be actively involved in
addressing affordable housing issues. The City is also directly involved in
impacting the provision of affordable housing through its land use powers of
zoning and subdivision controls, site development standards, and application of
its development fees to cover the costs of service and facility extensions.
The policy provides guidance to the community, City Council, and City staff for
determining the appropriate use of City resources for the provision of affordable
housing opportunities. The City's appropriate role is best characterized as a
partnership among the public and private sectors and citizens in meeting the
affordable housing and support service needs of the citizens of Fort Collins.
For example the policy provides, but is not limited to, the following actions for
the City:
Maintain an active involvement in the availability of affordable
housing in the community by assisting the private sector activities,
as appropriate, and by pursuing the .key roles as a planner and
funder to meet the needs of the community;
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October 6, 1992 '
o Strengthen or pursue cooperative relationships with other affordable
housing providers;
o Maintain the existing affordable housing stock through the
preservation of older residential neighborhoods;
o Assure an acceptable minimum level of quality within affordable
housing units; and
o Encourage a city-wide distribution of neighborhoods which contain
affordable housing units.
The policy directs staff to:
o Maintain up-to-date information to help determine the full range of
affordable housing needs of the citizens of the community, and to
determine what resources exist within and outside the community to
deal with the needs;
o Analyze the impact of City policies and programs on the provision of
housing affordability; and
o Prepare neighborhood plans which promote the preservation and '
conservation of residential land uses in older neighborhoods while
identifying which sections are appropriate for conversion and/or
redevelopment activities.
In addition there are a variety of optional strategies which will be examined by
staff as part of their respective work programs. Many of these options wi17 have
costs attached, which are not a part of the City budget. As these options are
explored, staff will return to Council with financial impact information.
Finally, evaluation of existing City actions related to affordable housing is
important to determine opportunities for improvement. Presently, four Mini -Task
Forces are actively meeting to discuss opportunities for improvement within the
general areas of financial assistance, land planning and affordable housing
development, development regulations/standards, and development fees.
Recommended changes will be forwarded to City Council for its consideration."
Director of Community Planning and Environmental Services Greg Byrne gave an
overview of the Affordable Housing Policy and the Natural Areas Policy Plan
clarifying they were pilot projects.
Chief Planner Ken Waido gave a brief description of the Affordable Housing
Policy.
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October 6, 1992
Councilmember Winokur made a motion, seconded by Councilmember Maxey, to adopt
Resolution 92-155, amending Attachment "A" in Findings (4) to read: "...an
increasing number of requests from people with handicaps....".
Waido stated the findings of the Task Force would be available within the month
and clarified that County staff is not presently participating on the Affordable
Housing Task Force.
Councilmember Winokur asked if the County could be involved in the early stages
of the program.
Councilmember Maxey questioned the State's role and if the City was interrelating
with State programs.
Waido stated that some housing agencies were taking advantage of state programs,
and commented that in the past Larimer County has not taken advantage of
available programs at either the federal or state level.
City Manager Steve Burkett stated if the policy is adopted a worksession would
be scheduled to address concerns and to receive Council direction.
Tom Sibbald, 725 Bonita Avenue, suggested money allocated from the 1993 General
' Fund be set aside in a housing trust fund and suggested the City consider
contributing City owned land to the housing trust fund. He suggested money in
the trust fund be made available for both for -profit developers and non-profit
developers.
Yolanda C. Nicely, 740 South Lemay, supported the Resolution.
Tom Gibbons, 7920 Whitney Court, requested town meetings be held to discuss the
issue of affordable housing and policy implementation.
David Herrera, 3300 Pepperwood Lane, urged Council to adopt Resolution 92-155.
He stated citizens need to voice concerns to the County Commissioners as well as
State Representatives.
Lou Stitzel, 521 East Laurel, spoke of the economic aspects of affordable
housing.
Abe Ramos, 205 Buckingham, urged adoption of the policy and spoke of concerns
regarding the homeless.
Barbara Allison, 1212 Lynnwood Drive, supported waiving fees for contractors as
an incentive for new construction.
Chris Zell, 4404 North County Road 13, representing the Larimer County Affordable
Housing Task Force, clarified the County has been working on an housing authority
' policy.
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October 6, 1992 '
Mayor Kirkpatrick stated although the policy is not complete it is a basic frame
work in addressing affordable housing in the community.
Councilmember Horak spoke in support of the Resolution, concurred with Mayor
Kirkpatrick and commented on the increase in public awareness and willingness to
participate in a plan.
Councilmember Maxey stated adoption of the policy would be the simplest part of
the plan, and spoke of possible implementation difficulties.
Councilmember Winokur supported adopting the framework for the policy stating
that it would further increase the momentum.
The vote on Councilmember Winokur's motion to adopt Resolution 92-155 as amended
was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
Resolution 92-156
Accepting the Natural Areas Policy Plan
and Approving the "Policy Element" of said
Plan as an Element of the City's Comprehensive Plan. Adopted. ,
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The Natural Areas Policy Plan includes an Action Plan which details proposed
implementation steps. The Action Plan provides a range of costs for various
program elements. Total costs over a 5-year period range from $1.5 million,
assuming current funding levels are maintained, to $10.6 million at full
implementation. Of the $10.6 million, approximately $7.5 million would be for
acquisition of high priority natural sites.
This item completes two items on the City Council work program, (1) development
of a proposed Natural Areas Policy Plan, and (2) preparation of an Action Plan
For implementing the proposed Goals, Objectives, and Policies for the protection
and preservation of natural areas. The plan is the result of a two-year planning
and public review process. The plan has been well -received by the community and
has been endorsed by the Natural Resources Advisory Board, the Parks and
Recreation Board, the Planning and Zoning Board, the Storm Drainage Board, and
the Water Board. Adoption of the Resolution formalizes Council acceptance of the
plan and approves incorporation of Chapter 5, the Policy Element, into the City's
comprehensive plan.
BACKGROUND
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October 6, 1992
Preparation of a Natural Areas Policy Plan was established as a goal in the City
Council 1990-1991 Policy Agenda. Completion of the plan and development of an
Action Plan to describe its implementation were also included in the City Council
1992-1993 work program. In addition, Council affirmed the Natural Areas Policy
Plan as a priority action item in the Framework for Environmental Action.
The Plan
The Natural Areas Policy Plan builds on past City policies and programs that have
recognized the important natural resources found in Fort Collins, and their value
to the community. The Plan identifies and evaluates the values and importance
of natural areas within the Urban Growth Area and proposes a long-term vision for
the conservation of natural areas. That vision proposes the use of a variety of
tools, (including land acquisition, land use planning and regulation, community
involvement, and others) to preserve and protect natural areas as important
habitats for people, and important habitats for conservation of plants, animals,
and their associated ecosystems.
The Plan includes six chapters:
* Chapter I describes the purpose of the plan and the planning process.
* Chapter 2 reviews existing City policies and programs related to natural
areas.
* Chapter 3 describes the need for natural areas protection.
* Chapter 4 summarizes the inventory of local natural areas and presents a
description of the natural features, public facilities, and significant
challenges and opportunities associated with each major natural resource
area. Natural Resource Areas include: the Poudre River, Fossil Creek,
Spring Creek, Cooper Slough, Boxelder Creek, Dry Creek, Lakes and
Reservoirs, the Foothills, and various isolated sites.
Chapter 5 summarizes significant Findings regarding local natural areas
and their conservation needs, proposes a statement of Goals and Objectives
to establish a community vision for natural areas, and proposes a series
of policies to guide future efforts by the City. Chapter 5 is the Policy
Element of the Plan which is formally incorporated as an element of the
City's comprehensive plan.
* Chapter 6 presents an Action Plan that describes general strategies and
specific work items for implementation during the first five years.
Action elements include: public land acquisition; public land management;
private land management; recreation, education, and interpretive programs;
public information; and program funding.
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October 6, 1992 '
Planning Process
The Plan is the result of a two-year process that included both technical and
policy analysis and an extensive public involvement program. An eight -step
process was followed.
* Issue definition through a public outreach program.
* Technical and policy research and compilation.
* Preparation of a preliminary draft plan (April 1991).
* Public review of the preliminary draft plan.
* Preparation of revised draft plan (August 1992).
* Public review of revised draft plan.
* Final plan revisions.
* Policy plan adoption.
An extensive public review process was completed between April and October 1991.
Staff conducted public tours of local natural areas, sponsored open houses,
mailed information to over 500 individuals and groups, and sought comments in
numerous presentations to City Council, City staff, citizen boards and
commissions, citizen groups, professionals of other governmental organizations,
and concerned local residents.
The Plan received support from the community. Favorable remarks included that the '
document was we11-written and comprehensive and that efforts to inform the public
of the plan were well presented. Reviewers noted that the document
systematically pulled together what was already being done with regard to natural
areas, presented the benefits of maintaining habitat for people and animals, and
presented a balanced, proactive approach.
A few negative comments were received from people who prefer the more manicured
look of parks over the natural look of natural areas.
Several reviewers expressed concerns related to the perception that the Plan
could be used by "no growth" proponents to restrict City growth, delay
development, and increase costs. Representatives of the development and real
estate community expressed the belief that natural areas are beneficial to the
entire community and thus, the entire community should participate in maintaining
these areas. They stressed that the financial burden should not be just on
developers, and expressed concerns about maintaining affordable housing.
The overall need expressed by numerous commenters was that the Plan be
implemented, and that it not be just a "paper plan." Quick action was requested
by citizens to preserve Fort Collins' natural areas.
The plan was revised based on community comments and the final draft plan (August
1992) was also widely distributed for review and comment.
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October 6, 1992
Changes to the Plan
Because public comment on the April 1991 Preliminary Draft Plan was very
favorable, the overall direction was not substantively changed. In the August
1992 Final Draft, the first four chapters (Introduction, Background on Past
Policies and Programs, Need for Natural Areas Protection, and Natural Areas of
Fort Collins) were updated to reflect staff and public comments and to include
new information gathered between April and October 1991.
Chapter 5.0, Policy Plan, of the document was substantially revised to simplify
and clarify the intended policy direction, and to conform to new standards that
are being proposed for elements of the Comprehensive Plan. The proposed policy
direction did not differ substantively from that set in the initial draft.
Chapter 6.0, Action Plan, was added to the August 1992 Final Draft, in response
to Council direction and public comment that additional detail was needed on
implementation strategies. The Action Plan outlines both general strategies.and
specific actions for implementing the plan.
The August 1992 Final Draft was also widely circulated for public comment,
presented to Council in a worksession on August 25, and reviewed by several
boards and commissions. Additional changes were made in the document to respond
' to the comments received (summary attached). The most significant change was to
revise the information presented in Chapter 6 on the costs of implementation;
Table 5 and the associated text were changed to present three different levels
of program implementation, ranging from existing funding •levels to full
implementation.
Review by Boards and Commissions
Several advisory boards and commissions have reviewed and commented on the Plan
at various stages of its development. During August and September, 1992, six
boards and commissions completed final reviews of the plan.
In response to Council direction, a presentation was made to the Landmark
Preservation Commission on September 16. No formal action was taken, but
the Commission was supportive of the plan. Members highlighted the
potential for future coordination of natural areas and historic
preservation efforts.
The Natural Resources Advisory Board considered the plan on August 5 and
August 19. The board unanimously endorsed the plan and submitted two
letters of comment (attached).
* The Parks and Recreation Board unanimously endorsed the plan on August 26
(minutes attached).
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October 6, 1992
* The Planning and Zoning Board considered the plan on September 28 and
voted unanimously to approve the plan and adopt the policy element for
incorporation into the City's Comprehensive Plan (resolution attached).
* The Storm Drainage Board unanimously endorsed the plan on August 20
(letter attached). They requested that certain changes be made to ensure
that future habitat plantings would not increase flood hazards. These
changes were made.
* The Water Board unanimously endorsed the plan on August 21 (minutes
attached).
Attachments
1. Index of changes from the August 1992 Final Draft of the Natural Areas
Policy Plan
2. Letter of August 19, 1992 from Will Smith, Natural Resources Advisory
Board
3. Letter of September 23, 1992 from Will Smith, Natural Resources Advisory
Board
4.
Letter of September
10,
1992 from Laura
Davis,
Storm Drainage Board I
5.
Resolution PZ 92-14
of
the Planning and
Zoning
Board
6. Minutes of the Parks and Recreation Board, August 26, 1992
7. Minutes of the Water Board, August 21, 1992
8. Natural Areas Policy Plan, September 1992"
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Resolution 92-156.
Natural Resources Director Tom Shoemaker gave a presentation on the purpose of
and changes to the Plan. He spoke of Plan implications for the community.
Will Smith, representing the Natural Resources Advisory Board, urged adoption of
the Resolution.
K-Lynn Cameron, 512 Sycamore representing the Parks and Recreation Board,
supported the Plan and urged Council to adopt Resolution 92-156.
John Gascoyne, 718 West Mountain, urged adoption of the Resolution.
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October 6, 1992
Bruce Lockhart, 2500 E. Harmony Road, strongly urged that Council not take a
position on the Resolution.
Councilmember Horak commended staff on its work and stated he supported the
Resolution.
Mayor Kirkpatrick stated the mapping and data collection provided Council with
good decision making opportunites.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Items Relating to Proposed
Colorado Constitutional Amendments.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 92-157 of the Council of the City of Fort Collins Opposing
' Amendment I on the November 3, 1992 General Election Ballot,
B. Resolution 92-158 of the Council of the City of Fort Collins Opposing
Amendment 2 on the November 3, 1992 General Election Ballot.
The November 3, 1992 General Election ballot includes a number of initiated
amendments to the Colorado Constitution. Some of these amendments propose
changes that would impact the significance of Article XX of the Colorado
Constitution which grants home rule municipalities "the full right of self -
governance in local and municipal matters". One of the amendments proposes an
increase in the state sales tax rate.
The Legislative Review Committee is recommending the following positions be
adopted by City Council: Amendment 1 (TABOR III) Oppose; Amendment 2 (No
Special Rights) Oppose; Amendment 6 (Children First Act) No Position; Amendment
8 (Great Outdoors Colorado) No Position.
By adopting these Resolutions, the City Council will send a message to the Fort
Collins community regarding the impact and importance of these ballot issues and
that citizens are encouraged to educate themselves and vote on November 3, 1992.
The November 3, 1992 General Election ballot will also include three locally
initiated issues. The Legislative Review Committee recommends that City Council
not adopt a position relative to these local ballot issues. These issues include
increasing the City's sales tax rate and designating the revenues for natural
' areas and a zoo, or the Larimer County ballot issue establishing a county sales
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October 6, 1992
tax for local access to health care. It has been the policy of previous City
Councils to remain neutral on locally initiated ballot issues. The Committee
believes that the proper role of City Council is to speak as individuals on these
issues.
AMENDMENT 1
Amendment 1 is an initiated amendment to the Colorado Constitution. This is the
proponent's third attempt to impose constitutional limits on state and local
government taxes and spending. In November of 1988 and 1990 Colorado voters
defeated similar measures. In general, the measure prohibits, without voter
approval, 1) increases in taxes, 2) increases in spending beyond increases in the
Consumer Price Index (CPI) plus new construction and additions to real property,
3) increases in revenue beyond the allowable increase in spending, and 4)
incurrence of multiple -fiscal year debt and other multi -year financial
obligations.
This measure is comprehensive in scope, limiting taxes, spending, revenues and
debt, requires elections on routine finance practices, and imposes numerous
accounting, budgeting and administrative procedures. The complexity, detail, and
unclear wording of the measure raise questions of interpretation and application. '
It is likely litigation will be required to determine its meaning. It is
anticipated that the combination of tax, revenue and spending limitations will
reduce the relative level of funding and services the City can provide unless
voters repeatedly vote to exceed the limits. It will affect City bond ratings
and increase the cost of borrowing for several types of bond issues. This
measure mandates the expenditure of taxpayer monies to provide elaborate notices
prior to elections which are required to comply with the terms of the amendment.
Providing the services associated with growth will be more difficult because of
the spending and borrowing limitations and other restrictive provisions. This
measure may lead to the formation of new special districts, authorities, and
perhaps municipalities to provide services which are desired by the public but
which cannot be provided by existing governments due to the financial constraints
of the measure. Amendment 1 replaces representative democracy with direct
democracy which has been shown to have a side -effect on voters who are faced with
complex or numerous ballot issues. The complete text of the initiative and a
Colorado Municipal League (CML) summary is attached.
Fiscal impacts of Amendment 1
The analysis (see attached spread sheet) shows that from 1991 to 1992, had the
Amendment I been in effect, the total spending for all funds would not have
reached the allowable growth limit. When viewing individual funds, the General
Fund, Water Fund, Benefits Fund, Equipment Fund, Cemeteries Fund, Cultural
Services Fund, Sales Tax Fund, Transit Services Fund, Transportation Fund and
Downtown Development Authority would have been over the limit. The overspending '
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October 6, 1992
in these funds would have been offset by spending under the limit by other funds.
Using data from. the 1993 recommended budget, the comparison shows that the total
spending would be $2,040,000 over the limit. The most significant overage is in
the Light & Power Fund, $2.3 million over the limit. (Note: growth figures for
CPI and addition to actual property valuation are estimated at 5.5%. The actual
values for these factors will not be known until well after the budget is
adopted.) Additionally, revenues are limited by the amendment and cannot exceed
the spending limit. If revenues are over the spending limit the overage would
have to be refunded.
The impact is beyond state and city government.
This measure imposes tax, revenue and spending limits on the City of Fort
Collins, Fort Collins Light & Power and Water & Wastewater, Larimer County,
Poudre R-1 School District, Poudre Fire Authority, and other fire protection,
water and sanitation districts.
The iocal tax rate has decreased since 1982, not increased.
In Fort Collins since 1982:1
' 8% decrease in sales tax rate (from 6.25Y to 5.75Y)
15% increase in inflation
25% increase in population
46% increase in per capita income
State of Colorado tax collections were the 4th lowest in the U.S.
State of Colorado government tax collections per capita for FY 1989 are the 4th
lowest in the U.S. Combined state and local tax collections in Colorado for FY
1989 are ranked 24th in the country. Colorado, as a state, is low in state taxes
and higher in local taxes. However, combined state and local taxes are below
average.
Sources: Fort Collins Trends - 1991 Annual Data; Colorado Public
Expenditure Council (CPEC) 1991 Information on State and Local Taxes; 1991
Colorado Municipal League publication entitled Municipal Taxes.
IEFA
October 6, 1992
Fort Collins citizens have been voting on tax increases.
Obtaining voter approval for any increase in sales tax rate has been the policy
of the City of Fort Collins. Choices 95 is a good example. Additionally, the
City of Fort Collins Charter requires voter approval of general obligation bonds
backed by property tax and includes a maximum mill levy provision. The number
and diversity of finance issues to be decided by election forces citizens to
become micro -managers of government.
Amendment 1 infringes upon the rights of home rule.
The City of Fort Collins is a home rule municipality and strongly believes in the
importance of Article XX of the Colorado Constitution which grants home rule
municipalities "the full right of self-government in local and municipal
matters". The amendment's restrictions apply to every level of local government
regardless of location, population, desires of local residents, or economic
conditions. The Denver -Boulder CPI applies to every government, no matter how
different its economy is from Denver's economy and no matter how much items
purchased by the government differ from items purchased by individuals.
Amendment 1 places imprecise indicators in the Colorado Constitution.
This measure places CPI and other growth indicators in the Colorado Constitution.
These indicators are not calculated with precision, the method of calculation is I
not determined by law and the calculations are often revised after initial
publication.
City revenue will be cut.
Increases in sales and use tax receipts and revenues from increased economic
activity which exceeds the Denver -Boulder CPI and the local property valuation
growth formula cannot be spent, or placed in reserves for future spending, even
though the economic activity generates the revenue and increases demand for
services.
A temporary reduction in spending, for even one year, due to economic or other
conditions permanently reduces the spending base on which future spending
authority is calculated. The level of spending and public services which existed
before the downturn cannot be resumed without a subsequent election.
There is apparently no inflationary spending allowance for voter -approved taxes.
Voter -approved revenue increases by definition do not become part of the spending
base and therefore do not increase in future years.
Routine growth of user -supported services will be hampered.
Many City services, such as golf, fluctuate based upon citizen demand. Since
increasing user fees does not allow an increase in the overall spending '
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October 6, 1992
authority, other services must be reduced.
Utility Services
Electricity and water consumption and the spending necessary to provide these
services is a function of changes in individual and family habits and the
weather. The demand for Utility service is not a function of the Consumer Price
Index or a change in property tax. For example, the summer of 1992 was wet and
cool. Demand for electricity and water by Fort Collins citizens was below
average. Therefore, Utility spending and revenues for 1992 are down. 1992 will
be the base year for calculation of spending limits for 1993. What will happen
if the winter of 1993 is unusually cold, or the summer of 1993 is unusually hot
and dry? The Utilities will be subject to a spending limit based upon 1992
conditions. Under Amendment 1, the Utilities will have to request that the
voters approve a change in revenue/spending when the demand for increased service
is a function of the weather. It is estimated that it will cost more than
$50,000 to hold such an election. .
It will cost taxpayers additional money to hold elections.
This measure requires an election notice with budget facts and comments on both
sides to be mailed to all registered voters. In Fort Collins there are
approximately 53,000 registered voters. At a bulk rate of ' .2481 for postage, this totals $13,000 just to send the notices. Printing and other municipal costs
will be more than $37,000. Therefore, it will cost more than $50,000 to hold an
election to obtain voter approval to place existing sales tax revenue into a
reserve for future use.
Tax limitations are in effect in other communities.
Tax limitations are in effect in Colorado Springs, California, and Massachusetts.
Currently, Massachusetts has the 7th highest state and local government taxes per
capita, and California the IOth highest. (Colorado is 24th highest out of 50.)
Colorado Springs is in the upper third for combined state and local sales tax
(higher than 68% of the 267 towns and cities in the state of Colorado). Nearly
213 (60%) of Colorado cities and towns have a combined sales tax rate higher than
Fort Collins.3
Local taxer initiatives affect municipal credit ratings.
Moody's downgraded Colorado Springs' general obligation debt rating from Aal to
Aa, and certificate of participation rating from Al to A, noting that "continued
weakness in the local economy combines with uncertainties surrounding recently
s ibid.
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October 6, 1992
enacted Charter amendments to limit the city's fiscal flexibility." When
considering a voter -imposed revenue limit, Moody's assesses "how tightly the
administration's hands have been tied.i4
This amendment constitutionally changes representative democracy.
Representative local government is closest to the people to whom it provides
services and provides the services that citizens say they want. Under this
amendment, government would not be able to conduct business without a vote of the
people. Government will not be able to plan for the future, be fiscally
conservative without curtailing spending/revenue limits for future years, or
react to financial markets and situations. In a papers examining the process
by which voters approach complex ballot issues, researchers found that in voting
on propositions, the rationale used by individual voters to make a decision may
not be in the interests of the process as a whole. In the face of a complex
ballot, voters will either not choose a preference or vote no on propositions
depending on ballot location. This behavior, while individually rational,
undermines the idea of giving voters a direct say in policy making through the
use of ballot propositions. These patterns suggest to the researchers that using
propositions as a means to exercise direct democracy results in unwanted side -
effects when it is over used.
AMENDMENT 2
Amendment 2 is an initiated amendment
prohibits all levels of government from
prohibit discrimination based on sexual
Language of Amendment 2
to the Colorado Constitution which
establishing or enforcing laws which
orientation.
"NO PROTECTED STATUS BASED ON HOMOSEXUAL, LESBIAN OR BISEXUAL ORIENTATION.
Neither the State of Colorado, through any of its branches or departments, nor
any of its agencies, political subdivisions, municipalities, or school districts,
shall enact, adopt or enforce any statute, regulation, ordinance, or policy
whereby homosexual, lesbian, or bisexual orientation, conduct, practices, or
relationships shall constitute or otherwise be the basis of, or entitle any
person or class of persons to have or claim any minority status, quota
preferences, protected status or claim of discrimination. This Section of the
Colorado Constitution shall in all respects be self-executing."
Moody's Municipal Issues, October/November 1991, ps. 1-5.
5 Ballot Propositions and Information Costs: Direct Democracy and the
Fatigued Voter, Bowler, Donovan, and Happ, The Western Political Quarterly, June
1992, ps. 559 - 568. '
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October 6, 1992
Amendment 2 intrudes on the rights of home rule municipalities.
The City of Fort Collins is a home rule municipality and strongly believes in the
importance of Article XX of the Colorado Constitution which grants home rule
municipalities "the full right of self-government in local and municipal
matters". The citizens of the State of Colorado also have a long-standing
tradition of home rule. There are 68 towns and cities, which include over two
million of the state's three million people, that have affirmed independent
decision making by adopting home rule charters. From advisory boards to public
hearings, voters take an active part in making local decisions. This proposed
amendment forces voters to sacrifice their right to vote on this issue.
The authors of the amendment acknowledge that part of their goal is to overturn
existing local laws. This issue had been decided in three Colorado communities
after public hearings or by the voters.
The Commission on the Status of Women opposes Amendment 2.
On May 18, 1992 the Commission on the Status of Women passed a resolution
opposing Amendment 2 because it believes that such an amendment to -the
constitution would violate women's civil rights. Furthermore, the Commission
believes that in order to promote the welfare of all women of the community,
regardless of race, creed or sexual orientation, it is appropriate and necessary
to oppose this amendment. A copy of Resolution 92-1 of the Commission on the
Status of Women is attached.
AMENDMENT 6
Amendment 6, also know as the Colorado Children First Act of 1992, would increase
the state's sales tax from three cents to four cents beginning December 1, 1992,
with all revenues raised by the additional one cent sales tax being earmarked
exclusively for pre -kindergarten through twelfth grade public schools. The
measure would also require and fund a number of educational reforms. (Please
refer to the attached summary of the Act.)
Fiscal impacts of Amendment 6.
The State of Colorado Office of Budgeting and Planning estimates that a 10
increase in the state sales tax will raise an estimated $320 million annually
with approximately $7.6 million generated from Fort Collins for the state general
fund. (The City's Budget Office estimates that 10 will generate $9 million in
1993.) In FY 92-93 Poudre R-1 will receive approximately $37 million from the
state general fund via the School Finance Act. The State Office of Budgeting and
Planning also predicts that without the 12 sales tax the State General Fund will
be able to provide only $28 million to Poudre R-I in FY 93-94. This represents
a $9 million decline in funding to Poudre R-I due to lack of General Fund
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October 6, 1992 '
resources. In other words, Poudre R-1 could experience a loss of funding from
the General Fund equal to or greater than the potential locally generated state
sales tax revenue.
Summary of the School Finance Act
In 1988, the state legislature passed a new School Finance Act, which had two
major goals. 1.) Equalize spending per student. 2.) Reduce dependency on the
property tax as a funding source. A district's total program funding for any
given year is determined by the Act based upon unit costs for pupils and numbers
of units. (See the attached funding formula.) This total program funding is
supported by both local property taxes and state aid. Property tax revenue is
generated in the district by the mandated uniform statewide levy. State aid is
then utilized to "backfill" the difference between the total program funding and
the tax yield from the mill levy. Districts are prohibited from certifying a
levy in excess of that computed under the provision of the Act. In the event a
district certifies a lesser levy, state aid is reduced in the same proportion as
property tax revenue. In 1988, the property tax share of total spending was
57.2%; by 1992-93 the state legislature had decreased this share to 44.5%.
Because total school spending was not decreased, the amount of state aid required
has increased beyond that amount necessary to account for inflation and growth
in enrollment.
Financing Needs of the School Finance AcO '
With a reduction in the property tax share from 57Y to 44.5%, there was a
reduction in a dedicated revenue source (property taxes). This revenue stream
was intended to be replaced with state aid. The state has used a number of one-
time revenue sources to provide the state aid. In 1991, the legislature changed
the budget year for schools from a January to December calendar to a revised July
to June calendar. This allowed school districts to collect twelve months worth
of property taxes for use in a six-month school year (transitional FY 92). This
provided enough property tax to pay for 78% of the total school bill for that six
months, allowing for $131 million in unused state aid and $71 million in surplus
property tax to be carried over to the following year.
FY 1992-93
Total state aid equals $1,277.3 million, or 55.36Y of total program
funding.
Property tax revenues remain constant at $1,078 million.
° Information obtained from a fact sheet provided by. the Colorado
Legislature's Joint Budget Committee. '
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October 6, 1992
3. Requiring districts with property tax carry -forwards from the transitional
fiscal year to offset state aid payments saves $74.1 million in FY 1992-
93. However, as with other funding sources, this money will not be
available in FY 1993-94, thus contributing to the funding requirements in
FY 1993-94.
4. Of the total state aid, $147.6 million is funded from the Property Tax
Reduction Fund which will not be available in FY 1993-94.
5. The additional $33 million of General Fund monies used in FY 1992-93
likely will not be available in FY 1993-94: $20 million of "one-time"
fixes available only in FY 1992-93; . a $9 million expected decrease in
Federal school lands/mineral lease revenues; and a $4 million expected
decrease/stabilization in tax revenues from new "double deduction"
provisions.
FY 1993-94
1. Pupil enrollment on which the FY 1993-29 Equalization Program funding is
based is expected to equal 583,612 (the average of the October 1992:and
February 1993 counts), an increase of 16,145 pupils from FY 1992-93.
2. Total state aid is projected to equal $1,372.4 million, or 55.5% of total
' program funding.
3. Property tax revenues are projected to increase by $25.6 million.
4. To achieve the total state aid funding amount, new General Fund revenue
needed in FY 1993-94 is $275.9 million. Additionally, to restore the
General Fund reserve requires $14 million; however, the recent Legislative
Council forecast indicates that increased revenues may restore the reserve
close to a 4% ievel.
5. Of the $275.9 million FY 1993-94 of new General Fund monies needed, $67.8
million goes to districts to fund expected new enrollment. The balance is
for replacement of funding sources which likely will not be available in
FY 1993-94.
Education is a basic human need as defined by the Human Services Policy.
Education is defined by the Human Services Policy as a basic human need and the
policy also states that the City will undertake appropriate and feasible actions
to safeguard the community's human resources by assisting individuals and
families in meeting their basic human needs. A feasible action is to support the
Children First Act.
The policy states that focusing on prevention versus intervention will help
reduce the demand for resources by human service providers. Arguably, education
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[a
October 6, 1992
facilitates a citizen's ability to participate fully in the community, helps
citizens to help themselves, and is preventative in nature.
In addition, the policy directs the City to work to strengthen government efforts
at problem -solving by participating in regional efforts. Governor Romer, Poudre
R-1 School District and other local governments are either champions of this
issue or have gone on record in support.
Finally the policy says that the City will examine the distribution of community
tax dollars to assure the needs of the citizens of Fort Collins are being
equitably met. According to the State Office of Budgeting and Planning, without
the 10 sales tax which would generate approximately $7.6 million from the
citizens of Fort Collins, Poudre R-1 could experience a $9 million decline in
funding from the state general fund.
Tax Policy Issues
Municipalities, counties and other local governments rely primarily on local
sales tax revenue. Local governments do not have the option to draw upon income
tax for revenue, leaving only two options for major revenue sources; sales tax
and property tax. The state has the option of removing exemptions from the state
sales tax base to increase revenue or to seek an increase in the state income
tax. An additional one cent state sales tax will make it more difficult to '
increase local sales tax for important local community needs. Because of its
inherent regressive tendencies, low and moderate income residents may experience
a greater financial hardship than under an increase in income tax. According to
the 1991 U.S. Advisory Commission on Intergovernmental Relations, Denver's
combined state-1oca1 sales tax would be the second highest in the nation among
the 49 largest cities if the one cent sales tax is approved.
AMENDMENT 8
Amendment 8 is an initiated amendment to the Colorado Constitution to create the
Great Outdoors (GO) Colorado program; to provide for the permanent dedication of
net proceeds from every state supervised lottery game for the program after
payment of certain obligations. The initiative is designed to preserve, enhance,
and invest in parks, trails, open spaces, wildlife, water for recreation, and
environmental education by redirecting existing lottery income. Lottery funded
portions of the State Capitol Construction Fund would be redirected to GO
Colorado. When Colorado voters approved the lottery in 1980, it appeared that
the money would be used for parks and open space purposes. However, a clause in
the 1980 ballot language has allowed the legislature to allocate as much as 65%
of the lottery proceeds to other state projects such as the Colorado Convention
Center, -state fairground improvements, prisons, and state colleges and
universities. GO Colorado eliminates that clause.
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October 6, 1992
Fiscal impacts of Amendment 8
The State Capital Construction budget is normally around $70 million per year,
typically about one half, about $30 to $35 million (depending on sales), is
provided by the lottery. GO Colorado redirects this lottery money into the Great
Outdoors Trust which will be administered by a board of trustees to oversee a
statewide grant program. The money will be allocated as follows: 25% matching
funds for local parks and open space; 259 for statewide open space acquisition;
25% for state parks; and 25% for wildlife. In order to allow the legislature to
pay its existing capital obligations, this funding will be phased in, and the
full amount would not be available until 1998.
City staff does not know how much money would be received in Fort Collins due to
the allocation process and the nature of the competition for the funding. Staff
believes that an amount of $100,000 to $300,000 per year is not unreasonable to
assume, in addition to other specific funding for this region for non -City
projects. GO Colorado estimates that had the amendment been fully implemented
in 1991, Fort Collins would have received an additional $263,182 from the
Conservation Trust Fund for local park programs, a 65% increase.
One of the recipients of State Capital Construction Fund money is Colorado State
University. The average annual capital construction appropriation to Colorado
State for the last ten years has been about $3.5 million and the average annual
maintenance appropriation has been less than $1 million. In 1992-93 Colorado
State funded $7.5 million in construction and maintenance projects. If the
average contribution from the State Capital Construction Fund is $4.5 million,
that would be 60Y of the funding for 1992-93 construction and maintenance
projects. If lottery is typically 50Y of the state's contribution, that would
be 30% of CSU's funding for construction and maintenance projects. Colorado
State has indicated that it would experience significantly greater problems in
the future addressing the infrastructure and capital construction needs of its
aging facilities."
Debra Kaestner Assistant to the Director of Administrative Services gave an
overview of the Legislative Review Committees evaluation of state issues. She
stated the Legislative Review Committee requested that Council take a position
on amendments one and two.
Finance Director Alan Krcmarik spoke of Tabor III implications, and the financial
impact Amendment I would have on City funds.
Councilmember Horak made a motion, seconded by Councilmember Maxey, to adopt
Resolution 92-157.
Yolanda C. Nicely, 749 South Lemay, spoke in opposition to Amendment #1.
Bruce Lockhart, 2500 E. Harmony Road, stated he supported Amendment #1.
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October 6, 1992 '
Nancy DeCook, 3131 Longhorn Court, stated Council should not take a position on
the issues, adding it may influence citizens decisions on the issues.
Dick DeCook, 3131 Longhorn Court, asked if Council had taken a position on the
Tabor Amendment in the past and opposed its decision to take a position due to
Council having a special interest.
Arnold Gum, 2218 Ayrshire Drive, supported Council taking a position on issues
that may affect the quality of life in Fort Collins.
Kent Fairbrooke, 2009 Harmony Drive, stated by Council taking a position on the
issues citizens would not educate themselves on the issues.
Mayor Kirkpatrick spoke of the structure and purpose of the Legislative
Committee.
Councilmember Winokur questioned why only a few of the issues were focused on.
Councilmember Horak stated the issues that may have an impact on municipal
government were addressed and commented that Council has a responsibility to
inform the citizens of its views and the reasons for them.
Councilmember Winokur disagreed with taking positions, but recognized the need '
to facilitate discussion on the issues.
Councilmember Maxey stated it was City Government's responsibility to inform
citizens of possible impacts, but not its position to suggest how to vote.
Mayor Kirkpatrick spoke in support of the Resolution.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Horak and Kirkpatrick. Nays: Councilmembers Winokur and Maxey.
THE MOTION FAILED.
Councilmember Maxey made a motion, seconded by Councilmember Horak, to adopt
Resolution 92-158.
The following people spoke in opposition of the Resolution:
1. Susanne Nix, Representative for the Colorado Family Values.
2. Susan Steiner, 2009 Stover.
3. Paul Wright, 2025 College Avenue.
4. Peter Trosen, 112 Yale Avenue.
5. Jeff Robinson, 1113 Fugus Drive
6. Jim Weber, 2052 Bennington Circle.
1. Ken Hafcoat, 1511 Fairday Circle.
8. Art Dillion, 401 Aspen Ridge Drive. ,
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October 6, 1992
9. Abe Ramos, 205 Buckingham.
10. Pat Redmond, 624 Endicott.
11. Cherylynn Hess, 3397 Terry Lake Road.
12. Howard Lindholm, 3204 West Coutny Road 50.
13. Ron Murphy, 1430 Centennial Road.
14. Steve Holman, 2834 Dunbar Avenue.
The following people spoke in support of the Resolution:
1. Leroy Gomez, Representing LULAC.
2. Craig Walling, 228 West Prospect.
3. Lauren Gross, 1600 Banyon Drive.
4. Steve Woodall, 927 West County Road 80.
5. Richard Swann, 1437.E. Mulberry.
6. Tim Sagan, 1312 Morgan Street.
7. Yolanda C. Nicely, 749 South Lemay.
8. Arnold Gum, 2218 Ayrshire Drive.
9. Roy Jones, 2004 Valley Forge.
10. Ricki Calkins, Human Relations Commission Representative.
11. John Gascoyne, 718 West Mountain.
12. Jim Norman, 422 West Myrtle.
13. Tom DeRosa, 1413 Ottawa Court.
14. Cindy Swindell, 620 Mathews.
15. Debra Moyer, 321 South Whitcomb.
16. John Superno, Fort Collins resident.
17. Jim Wyatt, 1017 West County Road 72.
18. Elissa Covell, Fort Collins resident.
19. David Roy, Fort Collins resident.
20. Frank Hill, 2643 Adobe.
Mayor Kirkpatrick commended the participants for their interest and discussion
on the item.
Councilmember Horak spoke of possible impacts the amendment would have regarding
the City as a home rule municipality.
Councilmember Winokur voiced his opinions regarding home rule and the effect of
the resolution.
Councilmember Maxey stated he introduced the resolution for •the.epurpose of
allowing a forum to be held but disagreed with Council taking a stand on the
issues.
Mayor Kirkpatrick stated she supported the resolution and emphasized the
importance of protecting home rule rights.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Horak and Kirkpatrick. Nays: Councilmembers Maxey and Winokur.
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Other Business
d
October 6, 1992
r
Councilmember Horak made a motion, seconded by Mayor Kirkpatrick, to place on the
October 20 agenda, a resolution in support of the citizen initiated ordinance on
the proposed 1/4 cent sales and use tax for natural areas.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Consideration of a Complaint Filed by
Ms. Barbara Allison Alleging a Conflict of Interest on the Part of
Mayor Kirkpatrick requested that Councilmember Horak chair the meeting and
withdrew from discussion on this item due to a perceived conflict of interest.
Councilmember Maxey withdrew from discussion on this item due to a perceived
conflict of interest. I
City Manager Steve Burkett stated he was named in the complaint and also removed
himself from the room.
Due to the lack of a quorum, there was no discussion on this item.
Adjournment
The meeting adjourned at 12:10 a.m.
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Mayor
ATTEST:
City Clerk
153