HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/02/2007 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE S ITEM NUMBER: 6
AGENDA ITEM SUMMARY DATE: October 2, 2007
FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek
SUBJECT
Consideration and Approval of the Minutes of the September 4, 2007 and September 18, 2007
Regular Meetings.
September 4, 2007
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting- 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 4,
2007, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy,
and Troxell.
Staff members present: Atteberry, Krajicek, Eckman.
Citizen Participation
Lynda Lloyd, 1900 Brookwood Drive, representing the Poudre Landmarks Foundation which is
hosting the 23rd annual Historic Homes Tour,invited the Mayor and Councilmembers to attend the
event.
George Culpepper,Government Affairs Director for the Fort Collins Board of Realtors,spoke about
concerns regarding the proposed property maintenance standards changes. Citizens do not want city
government to tell them what they can and cannot do with their homes and they do not want post-
development HOAs. The proposed Code changes would make the City into one large HOA.
Cheryl Distaso, 135 South Sunset, requested that Council to adopt a resolution calling for the
withdrawal of U.S. troops from Iraq.
Nancy York, 130 South Whitcomb, urged Council to do what it could to fight poverty and global
warming in the community. She also urged Council to discuss the resolution calling for the
withdrawal of U.S. troops from Iraq.
Bruce Lockhart, 2500 East Harmony Road, objected to City sponsorship of the Sustainability Fair
and to one of the speakers at the Fair.
Citizen Participation Follow-up
Councilmember Ohlson stated Council was not ignoring the request to consider a resolution to
withdraw troops from Iraq. At this time,the Council has decided that tackling this divisive national
issue was not in the best interest of the citizens.
Councilmember Manvel stated current property maintenance standards already do exist and the
proposed changes are minor modifications.
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Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the August 21, 2007 Regular Meeting.
7. Second Reading of Ordinance No. 084, 2007,Appropriating Unanticipated Grant Revenue
in the General Fund for the Poudre Valley Health System Choose the Right Road Driving
Program.
Poudre Valley Health System("PVHS")has developed"Choose the Right Road",a program
designed to minimize the number of individuals who drive while intoxicated. PVHS has
received a grant from the Alcohol and Drug Abuse Division of the Colorado Department of
Human Services which requires that the grant funds be dispersed to a "local public
procurement unit." PVHS has requested that the City serve as the local public procurement
unit and a pass-through recipient of the grant proceeds. This Ordinance, unanimously
adopted on First Reading on August 21,2007,allows the City to disburse the grant funds to
PVHS (via the Hospital Foundation) upon completion of any grant-related documents and
a subgrant agreement between the City and PVHS.
8. Second Reading of Ordinance No. 085, 2007, Appropriating Unanticipated Revenue in the
Form of Developer Contributions in the Transportation Services Fund for the Purpose of
Providing Improvements to the Railroad Crossing,on Vine Drive East of Timberline Road.
As a condition of approval of the Water Glen PUD,the developer of the project paid the City
$95,000, which represented the Developer's share of the costs to improve and widen the
railroad crossing on Vine Drive, east of Timberline Road. This Ordinance, unanimously
adopted on First Reading on August 21, 2007, appropriates these funds to pay for the
improvements.
9. Second Reading of Ordinance No. 086, 2007, Appropriating Unanticipated Grant Revenue
in the General Fund for the Restorative Justice Program and Authorizing the Transfer of
Matching Funds Previously Appropriated in the Police Services Operating Budget.
A grant in the amount of$23,345 has been received from the Colorado Division of Criminal
Justice(DCJ)for salaries associated with the continued operation of the Restorative Justice
Program. This Ordinance, unanimously adopted on First Reading on August 21, 2007,
appropriates the grant money. A $7,782 cash match is required and will be met by
appropriating funds from the police operating budget.
10. Items Relating to the Construction of Improvements to Old Fort Collins Heritage Park.
A. Second Reading of Ordinance No.087,2007,Authorizing the City Manager to Enter
Into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust
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Fund for the Receipt of Funds for Improvements to Old Fort Collins Heritage Park.
B. Second Reading of Ordinance No.088,2007,Appropriating Unanticipated Revenue
in the Neighborhood Parkland Fund-Old Fort Collins Heritage Park Capital Project
and Authorizing the Transfer of Appropriations Between Funds to Redevelop a
Playground and Construct a Skate Park and Two New Handball Courts at Old Fort
Collins Heritage Park.
Ordinance No. 087, 2007 authorizes and approve the terms of the GOCO grant agreement,
including the placing of a restrictive covenant on the Heritage Park property.
Ordinance No. 088, 2007 appropriates funds to the project from several sources, including
the GOCO grant. Both Ordinances were unanimously adopted on First Reading on August
21, 2007.
11. Second Reading of Ordinance No. 089,2007, Appropriating Unanticipated Revenue in the
Transportation Services Fund - FY 2007-2008 Safe Routes to School Project to Fund Safe
Routes to School Programming at Five Fort Collins Elementary Schools.
The City of Fort Collins Transportation Planning office has received a grant from CDOT
Safe Routes to School program for FY 2007 to provide non-infrastructure Safe Routes to
School funding in five local schools. This program will target students,parents,and teachers
in a collaborative effort to increase the numbers of children bicycling and walking to school.
This Ordinance,unanimously adopted on First Reading on August 21,2007,appropriates the
funds from this grant.
12. Second Reading of Ordinance No. 090, 2007, Amending Section 2-82 of the City Code
Relating to Membership of the Affordable Housing Board.
The Affordable Housing Board requested, as part of its Periodic Review Questionnaire, to
reduce its membership as boardmember turnover has created a problem for meeting quorum
requirements at meetings and the Board has not had full membership this year. This
Ordinance, unanimously adopted on First Reading on August 21, 2007, reduces the
membership of the Affordable Housing Board from nine members to seven.
13. Second Reading of Ordinance No. 091, 2007, Amending Section 1-2 of the City Code to
Authorize the City Manager to Designate Employees of the City to Perform Any Duties
Assigned by the City Code to Persons Holding Positions of Employment That No Longer
Exist Under the City's Current Administrative Structure and Ratifying the Administrative
Delegation or Reassignment of Certain Duties.
The City Code currently contains references to duties and responsibilities of persons
occupying specific positions of employment,some of which no longer exist as a result of the
recent reorganization of the City's administrative structure in February 2007. This
Ordinance,unanimously adopted on First Reading on August 21,2007,amends the definition
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of"delegation of authority" in the City Code to allow the City Manager to designate, in
writing, a position of employment to which those individual duties and responsibilities may
be assigned as the need arises. The City Manager's designation would remain in effect until
such time as the position designated in the Code is reestablished or the Code is amended to
specify a different position to which the duty or responsibility is to be assigned. The
Ordinance also ratifies those delegations and reassignments that have occurred since the
reorganization.
14. Second Reading of Ordinance No. 092, 2007, Designating the Bradley House and Rock
Walls, 1510 South Collese Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of
the Cite.
Ordinance No. 092, 2007, unanimously adopted on First Reading on August 21, 2007,
designates the Bradley House and Rock Walls as a Fort Collins Landmark. The owners of
the property, Michael P. and Susan C. Curiel, are initiating this request.
15. Second Readine of Ordinance No. 093, 2007, Designating the J.E. Foreman House, 239
North Grant Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
Ordinance No. 093, 2007, unanimously adopted on First Reading on August 21, 2007,
designates the J.E.Foreman House as a Fort Collins Landmark. The owners of the property,
Erin Morgan and Erin Muths, are initiating this request.
16. Items Relating,to the McClelland's Creek PD&PLD Second Filing Annexation and Zoning
A. Second Reading of Ordinance No. 094, 2007, Annexing Property Known as the
McClelland's Creek PD & PLD Second Filing Annexation.
B. Second Reading of Ordinance No. 095, 2007, Amending the Zoning Map and
Classifying for Zoning Purposes the Property Included in the McClelland's Creek PD
& PLD Second Filing Annexation to the City of Fort Collins, Colorado.
These Ordinances, unanimously adopted on First Reading on August 21, 2007, annex and
zone 44.32 acres located at the southwest corner of Kechter Road and Strauss Cabin Road.
McClelland's Creek runs along the southwest side of the property and Zach Elementary
School directly to the west. The property is undeveloped and is in the FA-1 Farming District
in Larimer County. The requested zoning in the City of Fort Collins is LMN-Low Density
Mixed-Use Neighborhood.
17. Items Relating to the Rein Annexation and Zoning
A. Second Reading of Ordinance No.096,2007,Annexing Property Known as the Rein
Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 097,2007,Amending the Zoning Map of the City
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September 4, 2007
ofFort Collins and Classifying for Zoning Purposes the Property Included in the Rein
Annexation to the City of Fort Collins, Colorado.
These Ordinances annex and zone a property that is approximately 1.52 acres in size. The
site is 1038 West Vine Drive, located between North Shields Street and Wood Street. The
proposed zoning for the entire site is Limited Commercial.
18. Second Reading of Ordinance No.098,2007,Authorizing the Lease of City-owned Property
at 214 North Howes Street,Along with Related Parking Rights at 220 North Howes Street,
for up to Five Years, and the Related Extension of Triad Systems Engineering's Current
Lease of City-owned Property at 200 West Mountain Avenue until 214 North Howes Street
is Available for Occupancy.
Upon the completion of the new Northside Aztlan Community Center, as part of a facility
consolidation effort,the Recreation Department will relocate from its existing location at 214
North Howes to 215 North Mason and the new Northside Aztlan Community Center. Aside
from approximately 1,100 square feet of remaining storage, the City has no immediate use
for the Recreation Department facility at 214 North Howes Street. This Ordinance,
unanimously adopted on August 21,2007,authorizes the lease of this City-owned property,
along with nine parking spaces located in the parking lot of 220 North Howes Street,and six
parking spaces on the south side of 214 North Howes Street. The Ordinance also authorizes
an extension of the proposed tenant's current lease at 200 West Mountain Avenue until 214
North Howes is available.
19. First Reading of Ordinance No. 099, 2007,Appropriating Unanticipated Grant Revenue in
the General Fund for the Landmark Rehabilitation Loan Program.
This Ordinance appropriates $24,000 provided by a grant from the Colorado Historical
Society toward the rehabilitation of historic commercial properties in Fort Collins.
20. First Reading of Ordinance No. 100,2007, Authorizing the Purchasing Agent to Enter into
an Extension of the Restaurant/Snack Bar Concession Agreement at Collindale Golf Course
for up to Five Additional Years.
The existing Agreement with the Collindale Golf Course food and beverage concessionaire,
Brauns Bar & Grill at Collindale, LLC, dba Manno's Grille at Collindale, owned and
operated by Fort Collins residents Scott and Karrie Manning,expires on December 31,2007.
This five-year Agreement was entered into on January 17,2003,after being awarded through
Request For Proposal (RFP) # P-869. As per RFP Specification No. 1, "...The duration of
the Agreement...(runs through 2007)with possible extensions of the original five-year term
for up to five additional years if performance is satisfactory and subject to City Council
approval...." This is contingent on public input and comment, the Golf Board
recommendation, and the ability of the City and the Concessionaire to negotiate a mutually
acceptable extension agreement.
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21. First Reading of Ordinance No. 101, 2007, Vacating a Portion of Certain Right-of-Way
Acquired by the City in Connection with the Feather Ridge Annexation, Strachan Farm
Annexation and Harmony Annexation No. 4.
The Hidden Pond Estates development site is located north ofHarmony Road,east of Ziegler
Road and south of Horsetooth Road. As a part of the Feather Ridge Annexation, Strachan
Farm Annexation and Harmony Annexation Number 4, the City acquired certain street
rights-of-way. At the Planning and Zoning Board hearing for Hidden Pond Estates,held on
June 21, 2007, it was shown that the street is no longer needed and a private drive will be
provided instead. Therefore, the right-of-way for the street is no longer necessary and is
proposed for vacation at this time.
While the right-of-way is being vacated, utility, drainage, access, and emergency access
easements are being retained and there are no objections by public or private utilities.
22. Resolution 2007-078 Authorizing A Revocable Permit to the Colorado Department of
Agriculture for the Urban Front Range Monitoring Network Project for Monitoring
Pesticides and Nitrates/Nitrites in Groundwater.
The Colorado Department of Agriculture is developing the Urban Front Range Monitoring
Network which will cover urban areas from Fort Collins to Pueblo as part of the Colorado
Agricultural Chemicals and Groundwater Protection Program. The Colorado Department
of Agriculture has requested that the City of Fort Collins grant permission to enter various
parcels owned by the City to install monitoring wells and conduct periodic groundwater
testing as part of their Urban Area Monitoring Well Project.
23. Resolution 2007-079 Approving ditures from the Art in pp g Ex en n Public Places Reserve
Account in the Cultural Services and Facilities Fund to Commission an Artist to Create an
Art Element for the Spring Canyon Community Park Tree Project.
This Resolution would approve expenditures of $15,000 for design, fabrication, travel,
signage and contingency for a proj ect with the artist Kenny Davis to carve three existing trees
for the Spring Canyon Community Park Tree Project.
24. Resolution 2007-080 Setting the Dates of the Public Hearings on the 2008 and 2009
Proposed City of Fort Collins Biennial Budget.
The City will be adopting a biennial budget for the years 2008 and 2009. The City Charter
requires that the City Council set a date for a public hearing on the proposed budget. This
Resolution sets that hearing date for the Council meeting of September 18,2007. In an effort
to receive further public input, this Resolution also sets an additional hearing date for the
October 2, 2007 Council meeting.
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September 4, 2007
25. Resolution 2007-081 Establishing Fees Charged by Fort Collins Municipal Court Relating
to Release of Criminal Justice Records.
The Fort Collins Municipal Court assesses various costs and fees, in addition to fines and
other penalties. The Colorado Criminal Justice Records Act allows criminal justice agencies
to"assess reasonable fees,not to exceed actual costs,including but not limited to personnel
and equipment, for the search, retrieval and copying of criminal justice records". The Act
also requires that the amount of such fees in this instance be set by City Council.
It is not expected that the fees generated from these records requests will increase revenues
for the Municipal Court since these fees are set at a level to only cover the actual cost,
including staff time, materials and depreciation of equipment, of providing records to the
public.
26. Routine Deed.
Deed of Dedication from Hewlett-Packard Company for a permanent right-of-way for public
street purposes, located at 3105 East Harmony Road. Monetary consideration: $10.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 084,2007,Appropriating Unanticipated Grant Revenue
in the General Fund for the Poudre Valley Health System Choose the Right Road Driving
Program.
8. Second Reading of Ordinance No. 085, 2007, Appropriating Unanticipated Revenue in the
Form of Developer Contributions in the Transportation Services Fund for the Purpose of
Providing Improvements to the Railroad Crossing on Vine Drive East of Timberline Road.
9. Second Reading of Ordinance No. 086, 2007,Appropriating Unanticipated Grant Revenue
in the General Fund for the Restorative Justice Program and Authorizing the Transfer of
Matching Funds Previously Appropriated in the Police Services Operating Budget.
10. Items Relating to the Construction of Improvements to Old Fort Collins Heritage Park.
A. Second Reading of Ordinance No.087,2007,Authorizing the City Manager to Enter
Into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust
Fund for the Receipt of Funds for Improvements to Old Fort Collins Heritage Park.
B. Second Reading of Ordinance No. 088,2007,Appropriating Unanticipated Revenue
in the Neighborhood Parkland Fund-Old Fort Collins Heritage Park Capital Project
and Authorizing the Transfer of Appropriations Between Funds to Redevelop a
Playground and Construct a Skate Park
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September 4, 2007
11. Second Reading of Ordinance No. 089,2007, Appropriating Unanticipated Revenue in the
Transportation Services Fund- FY 2007-2008 Safe Routes to School Project to Fund Safe
Routes to School Programming at Five Fort Collins Elementary Schools.
12. Second Reading of Ordinance No. 090, 2007, Amending Section 2-82 of the City Code
Relating to Membership of the Affordable Housing Board.
13. Second Reading of Ordinance No. 091, 2007, Amending Section 1-2 of the City Code to
Authorize the City Manager to Designate Employees of the City to Perform Any Duties
Assigned by the City Code to Persons Holding Positions of Employment That No Longer
Exist Under the City's Current Administrative Structure and Ratifying the Administrative
Delegation or Reassignment of Certain Duties.
14. Second Reading of Ordinance No. 092, 2007, Designating the Bradley House and Rock
Walls, 1510 South College Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of
the City Code.
15. Second Reading of Ordinance No. 093, 2007, Designating the J.E. Foreman House, 239
North Grant Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
16. Items Relating to the McClelland's Creek PD&PLD Second Filing Annexation and Zoning.
A. Second Reading of Ordinance No. 094, 2007, Annexing Property Known as the
McClelland's Creek PD &PLD Second Filing Annexation.
B. Second Reading of Ordinance No. 095, 2007, Amending the Zoning Map and
Classifying for Zoning Purposes the Property Included in the McClelland's Creek PD
& PLD Second Filing Annexation to the City of Fort Collins, Colorado.
17. Items Relating to the Rein Annexation and Zoning.
A. Second Reading of Ordinance No.096,2007,Annexing Property Known as the Rein
Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No.097,2007,Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the Rein
Annexation to the City of Fort Collins, Colorado.
18. Second Reading of Ordinance No.098,2007,Authorizing the Lease of City-owned Property
at 214 North Howes Street,Along with Related Parking Rights at 220 North Howes Street,
for up to Five Years, and the Related Extension of Triad Systems Engineering's Current
Lease of City-owned Property at 200 West Mountain Avenue until 214 North Howes Street
is Available for Occupancy.
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September 4, 2007
Ordinances on First Reading were read by title by City Clerk Krajicek.
19. First Reading of Ordinance No. 099, 2007, Appropriating Unanticipated Grant Revenue in
the General Fund for the Landmark Rehabilitation Loan Program.
20. First Reading of Ordinance No. 100,2007, Authorizing the Purchasing Agent to Enter into
an Extension of the Restaurant/Snack Bar Concession Agreement at Collindale Golf Course
for up to Five Additional Years.
21. First Reading of Ordinance No. 101, 2007, Vacating a Portion of Certain Right-of-Way
Acquired by the City in Connection with the Feather Ridge Annexation, Strachan Farm
Annexation and Harmony Annexation No. 4.
Councilmember Troxell made amotion,seconded by Councilmember Manvel,to adopt and approve
all items on the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson,
Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager Atteberry reported the Harmony and Ziegler intersection and roadway improvements
project is on schedule and is about 60% complete. He thanked the Engineering staff for the work
done on the project. It is scheduled to be completed in November. He noted the Recommended
Budget was delivered to the City Clerk and Council and the public may view the document on the
City's website.
Mark Jackson, interim Transportation Services Director, introduced Cliff Davidson, Executive
Director for North Front Range Metropolitan Planning Organization,who presented the Congestion
Mitigation and Air Quality Awards federal grant money for 2008-2009 totaling over$6 million to
several City departments. Jackson stated these grants provide funding for programs for alternate
modes of transportation.
Councilmember Reports
Councilmember Troxell stated the UniverCity Connections had submitted a proposal through the
City to the Department of Energy for Fort ZED (Zero Energy District). The community had raised
a substantial amount of support for the proposal.
Councilmember Manvel reported Governor Ritter has recently reinstituted the Air Quality Council,
a small group in the Denver area, to look at pollution problems and make recommendations for
solutions. The group will include him as a representative from the Northern Colorado area. The Air
Quality Council will look at problems with ozone in this region and seek solutions.
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September 4, 2007
Resolution 2007-082
Submitting to the Registered Electors of the City a Proposed
Twenty-Five Hundreths Percent(0.25%) Sales and Use Tax Increase
on All Taxable Services and Tangible Personal Property Except Food
For the Purpose of Obtaining Additional Revenues
For Health and Safety Purposes, Defeated.
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
Council discussed funding options for Health and Safety Needs at the August 28 Work Session. The
majority of Council agreed that existing revenue is insufficient to fund health and safety needs.
Council asked staff to prepare ballot language for consideration at the September 4, 2007 Council
meeting that would increase the City's base sales tax rate by a quarter cent (25 cents on a $100
purchase). If the voters approve this proposed increase, it would apply to all taxable purchases
except food and prescription drugs and would generate approximately $5.5 million annually. It
would be used to supplement, rather than replace, the amounts presently being expended for health
and safety. It would be distributed as follows:
Police Services $3.3 million 60%
Fire Services (PFA) $1.1 million 20%
Other Health &Safety $1.1 million 20%
BACKGROUND
Police Services
The following details how the additional revenues would be applied to Police Services:
a. More traffic officers and neighborhood traffic enforcement.
b. More officers assigned to community policing/quality of life issues.
C. More investigation of criminal activity.
d. Increased graffiti abatement.
e. More gang/career offender enforcement.
f. The ability to split the City into two distinct dispatching service areas forgreater efficiency
and more rapid response.
g. The ability to form a regional academy to reduce the amount of time needed for officers to
complete the training and be deployed.
Fire Services
Top priorities identified in the most recent update to the Strategic Plan include:
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September 4, 2007
a. South Battalion $ 664,616
b. Increase fire company staffing (3 to 4) $1,625,987
C. Training and Information Technology $ 217,360
d. Station #4 $2,670,789
Health and Safety
The City has a number of successful programs designed to create and promote a healthy and
sustainable environment. Many of these programs relate to citizens'overall health and safety.
Additional resources are needed to fund new or enhanced initiatives and programs, such as:
a. Hazardous Waste Recycling and Disposal—a waste consolidation transfer sitefor businesses
and households to drop off hazardous materials and other recyclable products.
b. Air Quality Monitoring—additional monitoring equipment and analysisforparticulate and
ozone levels and implementation of actions to improve air quality.
C. Water Quality Monitoring—additional monitoring and analysisfor water qualityparameters
and implementation ofactions to improve water quality and protectpublic health and safety.
d. Climate Wise—A voluntary program to help businesses and citizens improve the
environmental health of the workplace and their homes.
e. Train Issues—train traffic and noise from train horns is more than just an annoyance;it can
be linked to human health issues. Mitigation actions are expensive, require careful planning
and outreach, and are presently unfunded.
Price of Government
For the past 50 years Americans have spent the equivalent of 35 cents of every dollar of annual
personal income to buy services from their local, state and federal governments. Of this 35 cents,
twenty cents has historically been allocated to Federal government services, 8 cents to State
government services, and 7 cents to local government services.
Since 2002,Fort Collins citizens have spent approximately 6 cents ofeach dollar ofpersonal income
on City services. The Fort Collins Price of Government is declining (the price of government for
local services is declining in relation to increases in personal income). The effect of this decline is
that fewer resources are available to fund City services.
Tax Rate Comparisons
A recent survey of 15 Front Range Municipalities showed that 13 of the cities have a higher total
city, state, and county sales tax rate than Fort Collins. Twelve cities have a higher total local base
plus dedicated sales tax rate. A total sales tax rate table and local sales tax rate comparison table
are attached.
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September 4, 2007
Proposed Sales and Use Tax Ballot Measure
Substantial budget reductions have been made to City's budget over the last several years and
existing revenues are not adequate to meet the City's health and safety needs. Council directed staff
to prepare a ballot measure to ask the voters of the City to increase the level of City sales and use
tax. The additional revenue would be earmarked for Police, Fire and other Health and Safety
services and facilities. "
City Manager Atteberry stated his concern was increasing about the City's ability to provide the
existing level of service that citizens want and need. Over the past five years there have been
significant budget cuts. At the last work session, Council's direction was for staff to bring forward
an option for the Council to consider to fund health and safety matters that are currently unfunded.
Additionally, staff had prepared three separate measures in response to the request from
Councilmember Brown. The proposal and recommendation was to increase the City's base sales tax
rate by an ongoing quarter-cent increase that excluded food and prescription drugs. This increase
is$0.25 on a$100 purchase. The quarter-cent sales tax increase would generate approximately$5.5
million annually. Of those funds, 60% or $3.3 million would be used for police services, 20% or
$1.1 million,would go to the Poudre Fire Authority and another 20%would go towards health and
safety matters. Staff believed health and safety was a much larger matter than just police and fire
but also related to air quality, water quality and hazardous waste.
The Police Staffing Study, completed in August 2007, identified significant officer and civilian
staffing shortfalls. Several areas need to be addressed such as traffic enforcement in neighborhoods
and the downtown area,including speeding and other traffic infractions in neighborhoods and arterial
streets; timely responses to emergencies and quality of life issues; visual signs of disorder such as
noise, party enforcement and graffiti; and thorough investigation of serious and minor crimes.
Neighborhood policing with officers actually on the street is not happening at a level that is desirable
for a community of this size. The City is not able to provide funding for the level of service
expected by the citizens. Office safety is another issue.
Poudre Fire Authority does have a Strategic Plan that is data driven and has identified numerous
ongoing needs. The top priorities are establishing an additional Battalion Chief position for the
southern part of the City, increasing fire company staffing, training and information technology
improvements, and new construction at Station 4.
The third issue is other health and safety needs. The projects contained in the measure are projects
that have been in City plans for some time but the City has been unable to fund them. One example
was hazardous and electronic waste disposal and a recycling facility that would be more centrally
located in the community. Other projects would be for pollution prevention, air quality monitoring
and a mitigation and notification system. Railroad safety issues were another example.
Enhancement of the ClimateWise program,an incentive program to educate businesses and citizens
to improve the environmental health of the work place and their homes, was another proposed
project. Water quality monitoring would not be included in this measure as there are plans to
accomplish this monitoring through the water utility.
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September 4, 2007
The base sales tax rate for Fort Collins is 3%. Fifteen Front Range municipalities were surveyed for
sales tax rate comparisons and twelve cities had a higher total local base plus dedicated sales tax rate
than Fort Collins. Thirteen cities had a higher total city, county and state sales tax rate than Fort
Collins. The last time the City's base sales tax changed was in 1982. The last time property tax
changed was in 1991. The City is falling behind on services that the citizens have to come to expect
the City to provide. Many citizens do not simply want to stay at status quo. Revenues do not
support community expectations. The next opportunity to place a tax issue on the ballot will be
November 2008. The demand for police and fire services will increase and the data provided will
not change.
Police Chief Harrison stated without the funding provided with this measure,there are many service
areas that Police cannot provide. The community is safe but there are investigations that cannot be
completed. Addressing graffiti issues and noise issues in neighborhoods quickly and with impact
is not happening. Traffic is a huge issue in the community and there are not enough officers for
neighborhood traffic enforcement to be a regular occurrence.
Fire Chief Mulligan stated the top priority for Poudre Fire Authority is a South Battalion which
would provide a Chief for the south side of town so when there are multiple alarms,command of the
situation can be accomplished rapidly as the Chief would be located closer to the incident. Another
priority is to add to company strength by adding an additional firefighter to each shift at Station 10.
The Hazardous Materials Unit is located at Station 10 and the ability to respond simultaneously with
the Hazardous Materials Unit and a fire engine would be expanded with additional manpower.
Currently, that is not possible. An additional training position is also a top priority to keep a high
level of training within the department.
Marty Heffernan, Director of Culture, Parks, Recreation, and Environment, spoke about the other
health and safety issue needs, which is a broad category. Proposed projects include hazardous and
electronic waste disposal and recycling facility in Fort Collins, pollution prevention, air quality
monitoring, mitigation and notification system, an enhanced ClimateWise program and railroad
safety. Much planning has already occurred in recent years regarding environmental health and
safety in the community, including the air quality plan in 2004,ClimateWise business plan in 2005,
strategic plan for a 50% waste diversion in 2006, local action plan for greenhouse gas emission
reduction in 1999 and an action plan for sustainability for the City's internal operations, approved
in 2004.
There is a need for a hazardous and electronic waste disposal and recycling facility. Household
chemicals pose a significant threat to the health and safety of families. Improper disposal of
mercury-containing devices may release mercury vapors which are harmful. The outcome of having
a waste disposal and recycling facility in Fort Collins would be to create a conveniently located drop-
off facility for hazardous materials, would keep hazardous materials out of the landfill and the
groundwater, and make it easier for businesses and citizens to recycle and dispose of hazardous
waste which will make the community a safer place to live.
The Air Quality Plan, adopted by Council, states "recognizing the strong relationship between air
quality and human health,the City will,within the scope of its ability, strive to protect and improve
the air so that it is healthy to breathe and free of levels of pollution that harm human health." 45%
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of Fort Collins citizens say airpollution affects them by triggering allergies and respiratory problems.
The proposal would provide funding for real-time monitoring that would enable citizens with
respiratory illnesses to take precautions and understand when particulates in the air reach a
dangerous level. The program would monitor air particulates and a warning system would be
initiated to let people know when dangerous levels are reached.
The enhanced ClimateWise program would be a voluntary program for residences and businesses.
The current ClimateWise program is geared towards businesses to help them conserve water, save
energy, reduce waste, pollution prevention, and efficient transportation. The proposed enhanced
program would expand the ClimateWise program to all businesses in the community that choose to
participate as well as to residences. The average American household generates about 20 pounds
of household hazardous waste each year including such things as batteries,household cleaners,home
and garden chemicals, paint, used oil, and light bulbs. The enhanced ClimateWise program could
have volunteers trained to help businesses and residents understand what hazardous waste is within
their buildings, how to manage and dispose of hazardous waste as well as work to reduce
consumption and energy use. The enhanced program could provide free home and workplace health
assessments,improve indoor environmental quality by reducing hazardous waste,provide the tools
and information needed for citizens to protect their health and environment, and help citizens save
money by reducing utility bills.
Railroad safety is another component of this category of health and safety needs. A new federal law,
enacted a year ago,requires train operators to use train horns at intersections unless a quiet zone has
been established. Quiet zones must meet certain federal and state safety standards to be established.
The railroad safety project would analyze the 20 railroad intersections along Mason Street from
Harmony Road to Cherry Street to determine the best methods to create quiet zones.
City Manager Atteberry clarified the ballot measure was not an effort to fund Police Services for the
Southwest Annexation. The proposed 2008-2009 Budget dedicates all revenues associated with
Phase One of the Southwest Annexation specifically to Police Services. This will provide for six
new officers and one sergeant to patrol the area. He stated Council had three choices: adopt the
resolution as proposed or some modification of the resolution which would place the issue on the
ballot;it could consider adopting resolutions that would place each item separately on the ballot;or
Council could take no action.
George Hoffinann, 1101 Valley Oak Court, spoke against any tax increase as it was unnecessary.
Eric Sutherland, 631 LaPorte Avenue, supported a tax that would allow Natural Resources to
improve conservation efforts in the city. He felt reducing waste and using resources in a better way
was worth increasing the sales tax.
Mark Heckenliable,4237 Cape Cod Drive, stated Fort Collins had a history of not living within the
tax base available. Police and Fire Services are basic services to be provided from the current
revenues. He did not support any tax increase.
Pete Seale, 1837 Scarborough Drive, spoke in favor of improved police services that would help
maintain and enhance the quality of life in neighborhoods. The Police Staffing Study did quantify
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the number of police officers needed,but the improvement to citizens' quality of life that increasing
the number of police officers would provide should be stressed.
Dolores Williams,415 Mason Court,did not support any tax increase and stated the City should look
for other ways to save money.
Karen Rose, 5200 Parkway Circle East, called for more openness in City government and stated the
public has not been informed as to the need for any tax increase. Past Police Staffing Studies had
reached the same conclusion as the current one,yet the City had never acted to provide more police.
Priorities in the City's budget need to be reexamined. She did not support any tax increase.
Neil McCaffrey, 1331 Silk Oak Drive, stated essential services, such as fire and police, should be
funded from the City's budget,The many amenities the City provides should be withdrawn from the
budge and put on the ballot and if citizens pass the measure,then they have agreed to pay extra sales
tax for amenities such as longer pool hours or maintaining the ice rinks.
George Culpepper, Fort Collins citizen, did not support the current form of the ballot measure and
asked that the three issues be placed on the ballot as separate issues. He did not support any tax
increase as the funding of police and fire services is an essential service the City should be providing.
Ed Yonker, 832 Ashford Lane, supported the tax measure and stated the south Battalion Chief
position for Poudre Fire Authority was an essential the city needed in order to provide better fire
protection. As the city grows, the essential services need to grow, as well.
Al Bacilli, 520 Galaxy Court, did not support the proposed sales tax increase. He asked the City to
stop refunding vendor fees.
Steve Sykes,Southwest Annexation resident,stated essential services,such as fire and police,should
be funded from the City's budget. The issue should be split into three questions to let citizens vote
individual) on the issues. He questioned whether the funding would be enough t provide
y q g gh o p o de police
and fire services t h w s ces o the Southwest Annexation residents. He did not support the tax measure.
Katy Friedenfall,Director ofCommunity Affairs,ASCSU,supported the proposed sales tax increase.
Greater funding for police and fire services would be a benefit to neighborhoods. The issues should
be separated and citizens allowed to vote on each one separately.
Michelle Jacobs, 352 Greentail Drive, Loveland, stated this tax proposal was brought forward in a
hasty manner and citizens were not comfortable with the short time frame. The items should be
separated and citizens allowed to vote on each one individually as many did not support the obscure,
vague "health and safety" needs portion of the ballot measure.
Vivian Armendariz, 820 Merganser Drive, opposed the proposed tax measure as she saw no need
to increase Police Services. She requested the issues be unbundled as she would support a tax
increase dedicated for Fire Services and Health and Safety needs.
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Kevin Westhuis, 2944 Telluride Court, stated the tax proposal,if presented as one measure, would
fail and requested the issues be placed individually on the ballot. The data presented to support
increased funding for police and fire services was quite convincing,but the vague"health and safety"
needs did not appear to be an essential need.
Sharie Grant, 1455 Freedom Lane, encouraged Council to unbundle the three issues and did not
support the"health and safety"portion of the ballot measure. The proposed sales tax measure felt
very"rushed."
Carrie Gillis, 2213 Timber Creek Drive, stated Council had not had enough time to adequately
consider this tax proposal or to offer public outreach on the issue. Police, fire and transportation
were basic services the City must provide. The measure did not address transportation needs. The
measure should be unbundled and citizens allowed to vote on each issue separately. She did not
support the tax measure.
Eric Kronwall, 1119 Monticello Court,shared his concerns with leaving the measure as one item and
requested that Council unbundle the measure and let citizens vote on each item separately.
Ray Martinez,4121 Stoneridge Court, stated each item was important and needed funding,but the
matter was too rushed to educate people about the merits of the measure and needed to be separate
issues.
Bruce Lockhart, 2500 East Harmony Road, did not support the tax measure.
David May, 225 South Meldrum, Chamber of Commerce President, stated the Chamber of
Commerce had not yet taken a position on the proposed sales tax measure but had many questions
that needed to be answered. He questioned why the"health and safety"issue was on the ballot,yet
there was nothing that addressed any funding for transportation. He asked what would the impact
be on the court system and the jail system with the addition of more police officers.
Cheryl Distaso, 135 South Sunset,did not support the proposed sales tax increase. She questioned
whether all other avenues of funding had been exhausted and did not think the tax increased was
justified.
Nancy York, 130 South Whitcomb, stated the tax increase would affect everyone and was not in the
best interest of the community. She did not support the sales tax proposal and felt it was "too
rushed" and had not received enough public input or evaluation by Council.
("Secretary's Note: The Council took a brief recess at this point in the meeting.)
Councilmember Troxell asked if the health and safety portion of the measure would include the
creation of a Department of Health and how much time had been given to the preparation of this part
of the proposal. City Manager Atteberry stated no new department would be created. Marty
Heffernan,Director of Culture,Parks,Recreation,and Environment, stated much work had already
been done in the areas covered by the health and safety category,including BFO offers that had been
submitted that were associated with these types ofprojects,not associated with the proposed funding
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source. Staff had spent over a week looking specifically at this funding source in association with
the projects listed.
Councilmember Troxell asked if any transportation projects had been examined when staff was
reviewing which projects might be included in the tax proposal. Heffernan stated the train safety
issue was the main transportation issue discussed. Staff also looked at the anti-idling program but
felt the other projects were more compelling.
Councilmember Manvel asked if other health and safety needs that had been identified in the
previous BFO process, such as bridge enhancements, might be considered part of the health and
safety portion of the proposal. Heffernan stated the umbrella of other health and safety needs is
broad and there are many types of projects that could fall within that category. The specific projects
listed would be the ones funded first, if the voters passed the proposal.
Councilmember Roy asked if this proposal would provide better community relations by allowing
citizens to know the police officers in their neighborhoods. Police Chief Harrison stated the
additional officers provided by the funding would allow for staffing of each of the districts on a
consistent basis and allow for one officer to stay in a specific area instead of bouncing them around
the community to wherever the shortage is on a specific day. It would also enable the officers to
have time to work with neighborhood groups and to problem solve various issues in neighborhoods,
instead of using all of staff time just responding to calls. Solving the root conditions that cause many
problems is a much better answer than just responding to the problem.
Councilmember Roy asked for clarification about the statement that Police Services was"no longer
keeping up,but simply maintaining." Chief Harrison stated when the Old Town Station started in
1996, there were 19 personnel assigned to it. The size of that staff has been reduced to 6 over the
last eleven years, keeping a minimum to respond to some of the more focused issues that are in the
Old Town area. Two separate units that used to do longer-term problem solving no longer exist.
That staff is now in the field,handling calls for service. Although,there is a diminishing crime rate,
there are times when violence increases. Previous staffing studies, as well as the current study, all
showed that the City needed to move toward a tangible increase in the size of the police force or the
department will find itself in a totally reactive mode.
Councilmember Roy requested information on the time needed from hiring an officer to having the
officer ready to serve the community. Chief Harrison stated from time the job announcement is
released to having the officer ready to serve is approximately 14 months.
Councilmember Manvel asked if having more police officers might mean there would be less crime
so there would be fewer people in jail. Police Chief Harrison stated adding more officers, whether
as detectives or street officers, will have an effect on the court system and the jail system,but how
great an effect was unknown at this time. The impact of problem solving to eliminate the causes of
some crimes would lower the arrest rate by stopping crime before it starts.
Councilmember Manvel asked how much coordination existed between the CSU Police and the
City's Police and if the coordination was an addition to the City's Police. Chief Harrison stated the
CSU Police were an augmentation to the City's force as they are visible in the community. There
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were only about 30 officers with CSU. CSU officers are not dispatched to calls received by the
City's dispatch. They are focused primarily on the actual campus and some of the neighborhoods
directly adjacent to the campus that have a high student population. In times of emergency,they act
the same as a Larimer County sheriff or Colorado State Patrol,when they participate as back-up for
the City's Police. The Police Staffing Study did take into account the presence of the CSU Police.
City Manager Atteberry stated the Chief of CSU Police participated in the Police Staffing Study and
has told City Manager Atteberry that the CSU Police Department and the Fort Collins Police
Department have a very good working relationship.
Councilmember Poppaw asked for clarification on the comparison of response time of Fort Collins'
Police as opposed to other communities and if the regional academy proposed to be funded by the
tax increase would be a revenue generator. Chief Harrison stated that comparison depended on the
community used, but the City's police response time is high for emergency calls, frequently taking
seven minutes or longer. Even with the proposed funding, the regional academy will not be run
solely by Fort Collins. It would receive assistance from the Sheriffs Department, Loveland,
Longmont and other agencies in the area. At best,it would be"break-even"proposition. Currently,
it costs approximately$8,000 to send an officer to the Adams County academy or through the junior
colleges available in Colorado. Providing training through a local academy would eliminate the five
to seven week mini-academy that is now necessary when an officer comes out of another academy
to train the officer in the City's system. A local academy,in the long run,will cost the City less and
will generate some revenue from other law enforcement agencies. The academy is a long-term goal,
not anything that will be realized in the next few years. The more pressing needs are to improve
traffic enforcement and neighbor hood issues.
Councilmember Poppaw asked where the revenue from the Library District was used in the Budget.
City Manager Atteberry stated the 2006-2007 Budget did not anticipate Library District funds being
available. In 2007,he recommended a Transportation Maintenance Fee and Parks Maintenance Fee
which together would generate about$3.4 to$3.6 million. Balancing the 2007 budget was based on
receiving those fees. At the time the fees were discussed, Council did not want to assume anything
concerning the Library District. After the voters approved the Library District, the Council chose
to forego the Transportation Maintenance Fee and Parks Maintenance Fee. The Library District
dollars were intended to fill the gap left when those fees were not approved. Those funds are filling
the gap in the Budget that was left when Council chose not to approve a Transportation Maintenance
Fee and Parks Maintenance Fee.
Mayor Hutchinson stated some responses from citizens contained the idea that Council is running
Budget deficits. It is against State law for the City to run a deficit. The Budget must be balanced.
As the City made the transition from the classical budget process to the Budgeting for Outcomes
process,there were over$14 million ofprogrammed expenditures that went above a balanced budget
level. As part of the BFO process, those expenditures were reduced, including cutting 106 staff
positions. There was a long list of planned expenditures removed from the budget. Despite those
cuts, in 2007, the second year of the Budget, there was a gap of$3.5 million that just could not be
filled by any further cuts. The proposal to cover the gap was to adopt a Transportation Maintenance
Fee and a Parks Maintenance Fee. The amount the fees would have generated was close to the funds
used for the Library. When the Library District was approved,the Council chose to use those funds
to fill the budget gap and not implement the fees. The Library funds were not an extra$3.5 million
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check the City received, but allowed the City to avoid imposing another fee on businesses and
residents. The budget had been pared down to the essentials.
City Manager Atteberry stated financing the Police building is through Certificates of Participation
(COPS)which is a common financing mechanism used by many cities throughout the country. The
lease-purchase payment for the new Police building is$1.6 million. The Police building is a state-of-
the-art facilitywith an extra emphasis on the"green"components. It was not built just to be filled
P !�' P J
with new officers. The Police building has been discussed for over thirty years. It is specifically
designed for the growth of the community and the police force. The City has to invest in more police
officers and civilian staff to serve the growth of the city. The new building enables Police Services
to do a better job with better tools. The old Police building was completely inadequate for the
current police force. If building the new facility been deferred and the funds used to hire new
officers instead,there would have been no room for those officers in the old building. He addressed
the issue raised by a citizen that several tax issues that had been brought forward over the past four
or five years. The Building on Basics measure was a$0.25 renewal tax which does sunset and was
the one tax issue Council has put forward for voter approval. The Library District was put on the
ballot by citizens, not Council. Another citizen-initiated measure put before voters in 2002 was
Open Space Yes! which is $0.25 renewable tax and will sunset. He stated the Open Space tax
generates about$5.5 million a year. He noted there had not been a property tax increase since 1991.
The Larimer County Assessor's office has done reassessments since 1991, but those are not
controlled by the City. He addressed one citizen's concern that the Southwest Annexation would
create a loss to Poudre Fire Authority ofneeded property tax funds and noted the City does recognize
that decrease in funds. When an annexation occurs,Poudre Fire Authority loses funds as a result of
property tax. The proposed 2008-2009 Budget does reconcile that issue.
Mayor Hutchinson stated one concern raised was that a different Council would take the funds raised
by the proposed sales tax increase and direct the funds to other purposes. Staff was specifically
directed to draft ballot language that ensured the funds would be used for the specific purposes
stated. City Manager Atteberry stated this would be a dedicated tax and any dedicated tax cannot
be used for any other general City purposes. Open Space Yes! dollars cannot be used for Police
Services or other General Fund purposes. Utility rate fees paid by citizens cannot be used for
General Fund purposes.
Councilmember Ohlson stated that while the current Council cannot keep future Councils from
redirecting General Fund dollars from Police or Fire and use just the revenues raised by the proposed
sales tax increase to fund those services,it was very unlikely that future Councils would choose to
do so. He requested an information sheet to be provided to the public that would discuss the
difference between ongoing funds and one-time funds,Enterprise funds,capital funds,General Fund,
and dedicated funds. Most citizens believe that all funds available to the City go into one pot, but
that is not true as many funds are restricted in their use. This Council has not proposed any tax
increases. Previous Councils have not proposed any tax increases since 1991 when the property tax
was increased. The Building on Basics tax was a renewal, a continuation of a $0.25 sales tax that
was dedicated for various capital projects. City Manager Atteberry stated the City had a history of
not having taxes"in perpetuity." The quarter-cent sales tax issues citizens have voted on have been
designated for specific projects. The current issues under discussion mainly involve staffing issues.
It is not sound management to fund staffing needs with one-time, expiring taxes. It is acceptable to
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have taxes sunset that are used to fund capital projects,but funding staffing through taxes that will
sunset is not. Once the tax expires, those staffing positions would disappear.
Councilmember Brown asked how the proposed sales tax would affect business expenditures on
capital equipment. City Manager Atteberry stated use tax is based on the sales tax rate so capital
equipment would be taxed. Mike Freeman,Chief Financial Officer,stated a comparison of sales tax
rates between Front Range communities shows those that have higher sales tax rates also have higher
use tax rates. The Council has implemented a use tax rebate program for manufacturing that was
both strategic and needed.
Councilmember Brown asked if the proposed quarter-cent sales tax was designated only for police
could it provide enough funding to totally fund the police force. City Manager Atteberry stated the
passage of this sales tax increase would fund police and fire but does not completely solve all the
funding problems for police services. If it were designated solely for police, it would solve police
funding problems but the Health and Safety Committee, composed of Police Chief Harrison,
Councilmember Poppaw, Councilmember Ohlson and City Manager Atteberry, had never
approached this proposal with the idea of only funding one portion such as police. All the areas in
the proposal need funding. The need for an increase in sales tax to help fund these areas has been
under discussion for a year and a half. The intent was to have the Police Staffing Study done well
in advance of any deadline to put the issue on the ballot, but circumstances did not allow that to
happen.
Councilmember Ohlson stated the goal always has been to have the staffing study done much earlier
this year, but that did not happen. This has not been a last-minute idea or proposal.
Councilmember Roy asked what was the base sales tax rate for the City, when was the last time it
was raised and what is the City's ranking in relation to other Front Range communities' sales tax
rate. City Manager Atteberry stated the base rate was 2.25%and was last raised in 1982. There are
twelve communities that are ranked higher in base plus dedicated rates and when looking at totals
of state, county and city, there are 13 communities ranked higher.
Councilmember Troxell asked if any of the communities listed in the ranking had a health
component in their sales tax rate. City Manager Atteberry stated he needed to do more research to
answer that question. He believed most communities had defined public safety as police and fire and
did not contain the health component.
Councilmember Troxell made a motion, seconded by Councilmember Brown, unbundle the three
issues and list each one as a separate ballot measure.
Councilmember Troxell stated he supported unbundling the three issues as he had questions that the
items, particularly the health issue, were too different to be bundled together.
Councilmember Brown stated he believed police and fire should be funded out of the General Fund.
The Police and Fire portions were very specific and data driven but the health portion is too vague
and 20% of the funds would be spent on that component. It is not specific enough. Many citizens
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had stated they could support a portion of the proposal,but not the whole package. Voters needed
to be given a voice and a choice in this matter.
Councilmember Ohlson stated the funds raised from the proposed sales tax would be considered
General Fund dollars that are earmarked for certain areas, but they would not be capital funds.
Health and safety is much more than just police and fire. Public health and safety is specific in the
areas listed in the proposal such as the hazardous waste disposal site, air quality program, the train
issues,and ClimateWise. Capital projects have been bundled together and have been passed by the
voters. Unbundling this proposal would mean breaking out ongoing General Fund items for
individual votes. That has not been done before in the City. Leaving the issues together as one
proposal would garner more support as most people will decide that,overall,they can support most
of what is in the proposal. He did not support unbundling the issues.
Councilmember Manvel stated he believed the proposal had a better chance of passage if it were left
as one measure. Many of the capital projects previously passed as part of a package proposal
probably would not have passed if they had been listed as stand-alone issues. But since they were
packaged together, people voted for the package as they saw something in the package they could
support. The same is true of this proposal. It will garner support from different groups and receive
more support than the issues would if placed on the ballot individually.
Councilmember Roy did not support unbundling the proposal into three separate issues. All of the
components of the proposal,including the health and safety portion were all basic health and safety
issues and essential to the community.
Councilmember Poppaw stated the health and safety component was extremely important. All three
components should be considered as one measure.
Councilmember Brown stated there had not been enough time to thoroughly discuss the proposal,
especially the health component as it is too vague. Many citizens have stated they do not want this
proposal left as one measure. Council should listen to the citizens.
Councilmember Troxell stated having each issue stand on its own merit was the most honest and
forthright way to take this proposal forward.
Councilmember Ohlson stated Council was elected for its judgment and decisions must be made
based on what Council judges is best for the City. His judgment was that it was best to keep the
three issues as one measure.
Councilmember Marvel stated the health component would only cost five cents on every $100
purchase and many people might think it is worth the cost to address the health issues.
Councilmember Roy stated the word "bundled" seemed to imply disparate items linked together.
These items are very similar and are not"bundled"but are an issue to be put in front of the voters.
Mayor Hutchinson stated there should be greater trust in the voters that they would research the
issues and make the best decisions. Treating the proposal as three separate issues would also allow
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for the opportunity to add more detail to the health issue and give more information about those
needs. The merits of the health issue are not well defined yet. In the past,two transportation issues
that were"bundled"both failed. Allowing the voters the choice of voting on each issues separately
is a better choice.
The vote on the motion was as follows:Yeas: Brown,Hutchinson,Troxell. Nays: Manvel,Ohlson,
Poppaw, Roy.
THE MOTION FAILED.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Resolution
2007-082.
Councilmember Manvel stated there was time to educate the public about the components of the
proposal,especially the health issues. The health component contained important projects to address
issues that face the community and have not been funded.
Mayor Hutchinson stated there are certain items contained within the proposal that will resonate with
people. It is possible that further study into the health issues will result in projects that can be
funded out of the General Fund.
Councilmember Roy stated since 1982 the base tax rate for Fort Collins has been 2.25%. In the past
five years, $15 million has been cut from the City's budget and 106 staff positions have been
eliminated. The only option to provide the types and quality of services the citizens want and expect
is to change the price of government for the City. The budget is very lean and there is not much left
that can be cut. Most citizens are willing to support those things that give value to the community.
Fort Collins has to either provide more funding for the services demanded by its citizens or it has
to make more drastic and deep cuts than have been made in the past. Support of this tax proposal
gives a great opportunity to continue working to build a community that Council and the citizens can
be proud of and enjoy living in.
Councilmember Troxell stated the tax proposal raises the price of government but does not provide
a commensurate benefit to the citizens. Bringing forward a tax proposal before Council goes through
the budgeting and prioritization process is a backwards process and does not serve the citizens.
Councilmember Manvel asked if Councilmember Troxell would support a general quarter-cent sales
tax increase with no funds designated for any specific areas.
Councilmember Troxell did not support any tax increase until the budgeting process was complete
and priorities were set.
Mayor Hutchinson stated the Council had made good fiscal decisions that were based on data. The
Budget is the single most important issue Council decides. The Budgeting for Outcomes process
is focused and allows for good decisions to be made. Council has decided the seven outcomes the
citizens need from the City. Nothing is put into the Budget unless there is proof it will contribute
to one or more of the Outcomes. The need is defined first. Then options are defined to try to satisfy
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the needs,then funding talks can occur. The health component of the tax proposal does not fit with
the process of defining the problem first.
Councilmember Ohlson stated the idea of passing a quarter-cent sales tax increase and merely
designating it for General Fund purposes and not the specific purposes listed in the proposal, then
prioritizing where the greatest needs are for those funds, would accomplish the same end result as
the tax proposal that is currently on the table. Police and Fire and other community health and safety
issues would be on the forefront of the needs list.
Councilmember Brown stated asking the voters to approve a sales tax increase without any specific
direction was not acceptable.
Mayor Hutchinson stated in order for people to support taxes,theymust understand specifically what
the funds are for. Just asking for a tax increase for General Fund will not be supported by the
citizens. Issues that are specifically defined have a much greater support from the voters than any
general proposal. The Police and Fire issues are well defined and have strong data to support them,
but the third issue is less strong.
Councilmember Manvel stated being as definite and specific as possible with any tax proposal
increased its chances of passage. There is time before the actual election to refine the projects and
to educate the public.
Councilmember Poppaw stated the proposal puts forward a funding solution to issues that have been
identified for a long time and will not go away. All three issues in the proposal reflect the
community's values such as clean air, clean water, police and fire and safety.
Councilmember Manvel stated the changes in the train law in the past year has brought the train
issue to the forefront,especially for the Mason Corridor. Changes are coming to the ozone standard
and the City will not be in compliance with those new standards. Electronic waste is a relatively new
issue that has just come before Council in the past year. Many things are changing that are addressed
by the third item in the proposal.
Councilmember Roy stated Poudre Fire Authority did not participate in the last Budgeting for
Outcomes process. Council chose not to cut funding for either Police Services or Poudre Fire
Authority in the last budgeting process. City Manager Atteberry clarified that Police Services did
go through the BFO process last time and one major Police issue that did not get funded in the 2006-
2007 Budget was the scheduled enhancements for five new officers and two civilians and two
positions were eliminated. Poudre Fire Authority did not go through BFO but has done so for the
proposed 2008-2009 Budget.
Councilmember Ohlson stated an Air Quality Plan and a Solid Waste Management Plan have been
in place for years. There an Environmental Action Plan that has never been enacted. The City has
a Sustainability Plan and ClimateWise Program that have been in place much longer than the current
Police Plan. These components of the proposal are as well defined as the police component and the
fire component. These local issues need to be resolved before any vote should come on a regional
transportation proposal.
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Councilmember Poppaw stated postponing this proposal would be unwise.
Councilmember Brown stated he could not support the tax proposal as police and fire should be
funded out of the General Fund. He did not believe this proposal should move forward as one
measure as it did not allow the citizens to speak their minds and make their choices.
Councilmember Roy stated all the issues in the proposal were well defined and had been discussed
in past years. They were not new. This issue was about the price of government. While there may
not be a perfect time to bring forward a tax proposal,losing this opportunity is not a good decision.
Mayor Hutchinson stated this was a tough issue. Providing the levels of police and fire protection
that the people of the City demand and expect requires more revenues than the City has available.
The Council has worked hard to produce a budget that is lean and efficient. There is no"fat'in the
budget. There is only a six-week time frame to organize an educational campaign that would be
necessary to convince voters this proposal is a positive benefit to the community. The health issue
is a controversial part of the proposal that is now left as one measure. The current proposal does not
give the voters the choices they deserve.
Councilmember Poppaw stated delaying the proposal would mean an even greater delay in putting
more police officers on the street. All the needs in the proposal, including the health issues, are
identified needs that have been underfunded for years. They are not arbitrary items. Waiting to put
the issues before the voters will compound the current problems.
Mayor Hutchinson stated Council was in a time crunch and did not a chance to understand the issues
fully themselves or educate the public. Too many of the issues were undefined. He did not
understand why ClimateWise was included in the health issue as it was a program that helps
businesses operate more efficiently to save resources and energy and that was not public health and
safety.
Councilmember Ohlson stated ClimateWise had a pollution prevention element, using less energy
meant using less energy produced by the coal-burning power plant so it did have a strong health and
safety element.
The vote on the motion was as follows: Yeas: Roy. Nays: Brown, Hutchinson, Manvel, Ohlson,
Poppaw and Troxell.
THE MOTION FAILED.
Executive Session Authorized
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, that the Council
adjourn into Executive Session as authorized by Section 2-31(a)(2) and Section 2-31(a)(3) of the
City Code for the purpose of discussing the possible acquisition and/or sale of real property and any
related legal issues.
Yeas: Brown, Hutchinson, Manvel, Poppaw, Roy, and Troxell. Nays: Ohlson
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THE MOTION CARRIED.
(**Secretary's Note: The Council adjourned into Executive Session at 10:40 p.m. and reconvened
following the Executive Session at 10:55 p.m.)
Adiournment
The meeting adjourned at 10:55 p.m.
Mayor
ATTEST:
City Clerk
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September 18, 2007
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting- 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 18,
2007, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Hutchinson, Manvel, Ohlson, Poppaw, Roy, and
Troxell.
Councilmembers Absent: Brown
Staff Members Present: Atteberry, Krajicek, Roy.
Councilmember Ohlson stated the Beet Street initiative would be launched the next evening,
Wednesday, September 19. Beet Street has been in development for five years and will foster,
celebrate and inspire creativity through diverse cultural experiences and programming. The arts
community, Colorado State University, City Government, the Downtown Development Authority
and committed citizens have worked together to develop this initiative.
Citizen Participation
Ryan Staychock, 1634 Westbridge Drive,Natural Resources Advisory Board Chairperson,stated the
Natural Resources Advisory Board unanimously supported a goal of 50%solid waste diversion rate.
The goal would provide environmental benefits,reduce greenhouse gases and has potential economic
benefits. The City will not be able to reach that goal without significant changes to policy and/or
actions. The Board requested Council to direct staff to implement changes to the waste diversion
policies and programs to make progress towards the goal. The Board also recommended that
Council support the adoption of U.S. SB 128 and to adopt a resolution in support of the Cache La
Poudre River National Heritage Area.
The following citizens spoke in support of adoption of a resolution urging withdrawal of U.S.troops
from Iraq:
Dolores Williams, 415 Mason Court
Eric Fried, 4255 Kingsbury Drive
Joe Kissell, 913 West Oak
Pam Stevens, Fort Collins resident
Don Flick, 520 North Sherwood
Christopher Hite, 1825 Crestmore Place
Roger Dodds, address unknown
Cola Mascro, address unknown
Deb Stucklin, Loveland resident
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September 18, 2007
Marla Swanson, 824 Mathews
Andrew McMahan, 605 Monte Vista
Ken Tharp, 601 Birkey Place
Norberto Valdez, 3802 Lynda Lane
Barbara Clark, address unknown
Bill Timpson, 331 Park Street
Nancy York, 130 South Whitcomb
Ali Borani, address unknown
Irma Woollen, 5620 Fossil Creek Parkway
Joe Stem, 421 South Howes
Elaine Boni, 1608 Prospect Lane,Human Relations Commission member,invited Councilmembers
to participate in Hispanic Heritage Month.
Dave McDanal, 1601 North College,supported an expansion of transit operation hours to encourage
citizens to use public transportation.
Gail Zirtzlaff, 2048 Manchester Drive, stated her neighbors are repeatedly served violations for
inoperable vehicles and even though theytemporarily remove the vehicles,they are soon in violation
of City Code again. She supported neighborhood HOAs.
Citizen Participation Follow-up
Councilmember Roy stated he was opposed to the United States occupation in Iraq and he thanked
all the citizens who came to speak regarding the resolution urging the withdrawal of U.S.troops from
Iraq.
Councilmember Manvel stated he did not support the war in Iraq. Excellent arguments had been
heard as to why Council should be involved in the war by adopting the proposed resolution. The war
does have an economic and human cost to the city, state and country. The citizens have many and
varied opinions as to how to end U.S. involvement in Iraq. The proposed resolution would involve
considerable debate as to how the U.S. should withdraw and he was not willing to debate this
national issue. He was elected to represent his district on local issues and he did not run on a
partisan ticket or on national issues. He did not believe there would be much impact from Council
voting on the issue.
Councilmember Ohlson asked staff to provide suggested solutions to the citizen who had neighbors
who were repeat Code violators. He stated a proposal to extend transit operation hours did not
currently have any funding in the proposed budget.
Mayor Hutchinson urged the citizens who spoke regarding the resolution requesting withdrawal of
U.S. troops from Iraq to write and speak with their U.S. representatives and senators who do have
authority to act to resolve this issue. The Council does not have any authority in this issue.
("Secretary's note: The Council took a brief recess at this point in the meeting.)
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Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
CONSENT CALENDAR
6. Second Reading of Ordinance No. 099, 2007, Appropriating Unanticipated Grant Revenue
in the General Fund for the Landmark Rehabilitation Loan Program.
This Ordinance,unanimously adopted on First Reading on September 4,2007, appropriates
$24,000 provided by a grant from the Colorado Historical Society toward the rehabilitation
of historic commercial properties in Fort Collins.
7. Second Reading of Ordinance No. 100,2007,Authorizing the Purchasing Agent to Enter into
an Extension of the Restaurant/Snack Bar Concession Agreement at Collindale Golf Course
for up to Five Additional Years.
The existing Agreement with the Collindale Golf Course food and beverage concessionaire,
Brauns Bar & Grill at Collindale, LLC, dba Manno's Grille at Collindale, owned and
operated by Fort Collins residents Scott and Karrie Manning,expires on December 31,2007.
This Ordinance, unanimously adopted on First Reading on September 4, 2007, extends the
Agreement for up to five additional one-year renewable periods through December 31,2012,
as per the terms and conditions of the original Agreement with a few modifications as
required by the City.
8. Second Reading of Ordinance No. 101, 2007, Vacating a Portion of Certain Right-of-Way
Acquired by the City in Connection with the Feather Ridge Annexation, Strachan Farm
Annexation and Harmony Annexation No. 4.
As a part of the Feather Ridge Annexation, Strachan Farm Annexation and Harmony
Annexation Number 4, the City acquired certain street rights-of-way. This Ordinance,
unanimously adopted on First Reading on September 4, 2007, vacates the right-of-way for
the street as it is no longer necessary. While the right-of-way is being vacated, utility,
drainage, access, and emergency access easements are being retained and there are no
objections by public or private utilities.
9. First Reading of Ordinance No. 102, 2007, Temporarily Suspendingthe he Operation and
Enforcement of the Land Use Code and Zoning Map Regarding the Usage of the "Ricker
Building" as an Emergency Daytime Severe Winter Weather Shelter for the Homeless.
Local health and human service agencies have asked the City to assist in providing a facility
to house a temporary emergency daytime shelter for the homeless in the event of severe
winter weather.
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10. First Reading of Ordinance No. 103,2007,Authorizingth a Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with Phase Two of the Harmony and Ziegler Roads Front Range Village
Improvements Project.
Front Range Village is a large commercial development planned for the area located at the
northwest corner of the Harmony Road and Ziegler Road intersection. As a result of this
new development,street improvements and various off-site improvements are necessary for
Harmony and Ziegler Roads and will be constructed through the Street Oversizing Program
as part of the Harmony and Ziegler Roads Front Range Village Improvements Project. Given
the construction schedule for the Project, timely acquisition of the property interests is
necessary. All property interests needed for Phase I have been successfully negotiated. Staff
is requesting authorization of eminent domain for all property acquisitions in Phase II of the
Project, if such action is necessary.
11. First Reading of Ordinance No. 104, 2007,Authorizing the Conveyance of a Conservation
Easement on City Natural Area Property(Roman Ranch) to Larimer County,
This Ordinance authorizes the conveyance by the City of a conservation easement on the
1,960-acre Roman Ranch property to Latimer County. The City will receive a $976,000
grant from Great Outdoors Colorado to support the conservation of the property as part of
the Laramie Foothills Mountains to Plains project approved in 2004. The grant requires that
a conservation easement be placed on the property and conveyed to a qualified third party.
The conservation easement acknowledges and protects the natural qualities of the property
while allowing some visitor services facilities associated with the recreational opportunities
to be provided at Soapstone Prairie Natural Area.
12. First Reading of Ordinance No. 105,2007,Designating the A.C. Kluver House(No.2,). 323
East Magnolia Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
The owner of the property, Charles F. Ferrie, is initiating this request for Fort Collins
Landmark designation for the property. The A.C. Kluver House (No.2) qualifies for
individual Landmark designation under Landmark Standards (2) and (3). This property
embodies historical significance for its association with prominent early Fort Collins
businessman A. C. Kluver. The home is also a noteworthy and well-preserved example of
a Craftsman bungalow constructed of brick. Surveyed at the intensive-level in 1998, the
property was judged to individually qualify as eligible for inclusion on the National Register
of Historic Places under both Criterion B, for its association with a noteworthy individual,
and Criterion C,for its architectural significance. The property is currently listed on both the
National Register of Historic Places and the Colorado State Register of Historic Properties
as a contributing element of the Laurel School National Register District.
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13. Resolution 2007-083 Authorizing an Exemption to the Use of a Competitive Process for the
City to Enter into a Contract For Railroad Improvements from Burlington Northern Railway,
Union Pacific Railroad and Great Western Railway.
City roadway projects include upgrades to railroad crossings if they are within the project
limits. These upgrades typically include extending or replacing crossing materials and
moving or upgrading warning signals and automated crossing gates. The affected Railroad
either performs the work or has a designated subcontractor perform the work.
Railroad improvements such as upgraded railroad crossings must be performed by the
railroad or its approved contractor. Staff is also requesting Council approval to use this
exemption for 5 years.
14. Resolution 2007-084 Authorizing an Exemption to the Use of a Competitive Process for the
City to Enter into a Contract with MH3 Corporation to Conduct a Study of Water Quality
Parameters for the Citv's Source Waters.
Dissolved organic matter(DOM) is one of the most important water quality parameters for
the source waters of the City of Fort Collins Water Treatment Facility(FCWTF). DOM that
is not removed during treatment can react with the chlorine that is added to the finished water
for disinfection, forming disinfection byproducts such as trihalomethanes that are regulated
parameters and suspected carcinogens. A comprehensive DOM characterization study of
the City's source waters will establish a baseline database of information that can be used
into the future to help optimize water treatment and to consider the impacts of changing
water sources and blends.
MH3 Corporation has a cost-effective solution along with the laboratory resources,
experience and technical expertise to conduct a DOM characterization study. City staff have
determined that the use of MH3 Corporation to complete the study as an exception to the
competitive purchasing process is an efficient and cost-effective means to accomplish the
study, and to be in the best interest of the City.
15. Resolution 2007-085 Approving the Intergovernmental Agreement for the Provision of a
Wildlife Hazard Assessment and Management Plan at the Fort Collins-Loveland Municipal
Airport.
This Resolution authorizes the City Manager to sign an intergovernmental agreement(IGA)
with the United States Department of Agriculture to conduct a Wildlife Hazard Assessment
and Wildlife Management Plan for the Fort Collins/Loveland Municipal Airport. The
Assessment and Management Plan are required by the FAA as part of the Airport's
Certification requirements. The Assessment and Management Plan will identify wildlife
species on and in the vicinity of the Airport and establish mitigation measures to reduce
hazards to aircraft and the general public.
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16. Resolution 2007-086 Authorizing the Mayor to Approve a Memorandum of Understanding
Among the City of Fort Collins. the City of Loveland, Larimer County, and the Colorado
DDe artment of Transportation (CDOT) for the US287 Environmental Overview Study
(EOS).
The Colorado Department of Transportation (CDOT) has completed the US287
Environmental Overview Study (EOS) for the portion of this state highway between
Harmony Road in Fort Collins and 29th Street in Loveland.
CDOT is requesting approval of this Memorandum of Understanding(MOU)for the US287
EOS by the Fort Collins City Council as well as the other agencies involved in developing
this report. The City s Transportation Board has reviewed and approved a recommendation
to City Council supporting CDOT's request.
City staff from the Transportation Services Area participated in the development of the
US287 EOS project and confirms that the report's recommendations are consistent with the
City's adopted Transportation Master Plan, Master Street Plan, and South College
Avenue/US287 Access Control Plan.
17. Resolution 2007-087 Authorizing the Members of the Board of Directors of the Downtown
Development Authority to Serve as Members of a Nonprofit Organization to Direct the
Activities of the"Beet Street" Program.
The Downtown Development Authority("DDA")is in the process of developing a cultural
program known as Beet Street (the "Program") the purpose of which is to foster the
established performing arts, local culture and participative sciences community, and
intellectual, cultural, physical and spiritual rejuvenation and growth in downtown Fort
Collins through education,participation and entertainment,all consistent with the statutory
purposes of the DDA. The DDA Board believes that the success of the Program will be
realized by the formation of a nonprofit organization to manage the Program since its status
as a nonprofit will make additional funding sources available for the Program and allow the
organization to conduct fundraising efforts and facilitate grant programs. In addition,having
the nonprofit organizational structure in place will aid in the eventual transition to
independence from DDA Board oversight and public funding. The DDA Board also believes
that the membership of the board of such organization should include members of the DDA
Board in order to ensure fulfillment of and consistency with the purposes and objectives of
the Program and the DDA.
The purpose of this Resolution is to authorize the service of the DDA Board members as
members of the board of a nonprofit organization established to manage the Program as
being within the scope of the DDA Board members' service as appointees of the City
Council and to recognize that the DDA Board members shall be"authorized volunteers"as
that term is defined in CRS §24-10-103(4)(a) and shall be indemnified, to the extent
permitted by law and subject to the provisions and limitations of the Municipal Code, from
liability for acts and omissions occurring during the performances of their duties as members
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of the board of a nonprofit organization established to manage the Program. In addition,the
nonprofit organization intends to obtain its own insurance coverage for errors and omissions.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
6. Second Reading of Ordinance No. 099,2007, Appropriating Unanticipated Grant Revenue
in the General Fund for the Landmark Rehabilitation Loan Program.
7. Second Reading of Ordinance No. 100,2007,Authorizing the Purchasing Agent to Enter into
an Extension of the Restaurant/Snack Bar Concession Agreement at Collindale Golf Course
for up to Five Additional Years.
8. Second Reading of Ordinance No. 101, 2007, Vacating a Portion of Certain Right-of-Way
Acquired by the City in Connection with the Feather Ridge Annexation, Strachan Farm
Annexation and Harmony Annexation No. 4.
Ordinances on First Reading were read by title by City Clerk Krajicek.
9. First Reading of Ordinance No. 102, 2007, Temporarily Suspending the Operation and
Enforcement of the Land Use Code and Zoning Map Regarding the Usage of the "Ricker
Building" as an Emergency Daytime Severe Winter Weather Shelter for the Homeless.
10. First Reading of Ordinance No. 103,2007,Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with Phase Two of the Harmony and Ziegler Roads Front Range Village
Improvements Project.
11. First Reading of Ordinance No. 104, 2007, Authorizing the Conveyance of a Conservation
Easement on City Natural Area Property(Roman Ranch)to Larimer County.
12. First Reading of Ordinance No. 105,2007,Designating the A.C. Kluver House(No.2), 323
East Magnolia Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
Councilmember Manvel made a motion,seconded by Councilmember Roy,to adopt all items on the
Consent Calendar. Yeas: Hutchinson, Manvel, Ohlson, Roy and Troxell. Nays: None.
(**Secretary's note: Councilmember Poppaw was out of the room when the vote was taken.)
THE MOTION CARRIED.
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Consent Calendar Follow-up
Councilmember Roy asked for information about Resolution 2007-084,Authorizing an Exemption
to the Use of a Competitive Process for the City to Enter into a Contract with MH3 Corporation to
Conduct a Study of Water Quality Parameters for the City's Source Waters,regarding the financial
partnerships that are developing for this study and what the study will mean for the City and other
communities upstream from Fort Collins. Brian Janonis,Interim Utilities General Manager, stated
in addition to the Water Districts and City of Greeley,the Northern Colorado Conservancy District
will participate in funding this project. The City's funding portion will be small. Kevin Gertig,
Water Production Manager,stated it was very important to understand both total organic carbon and
natural organic carbon from a water treatment point of view as well as for water quality. Other
stakeholders throughout the Front Range share these route water supplies and this collaborative study
will benefit all.
Staff Reports
City Manager Atteberry stated Bobcat Ridge Open Space recently received the"Blue Grama"award
from the Colorado Open Space Alliance. Bobcat Ridge was selected for the preservation of the area
and recreational opportunities as well as the educational partnerships that the Natural Areas staff
have developed with CSU and the Thompson School District in Loveland. He congratulated John
Stokes,Natural Resources Director,and Mark Sears,Environmental Program Manager,on the work
done.
City Manager Atteberry noted the City's website, fcgov.com, for the second time, was recognized
as one of the Best on the Web. The website received a second place award for in the"City Portal"
Best of Web awards by the Center for Digital Government. The award recognizes the most
innovative and user-friendly local government websites based on their efficiency, functionality and
ability to provide increased user access. He thanked Tom Vosburg, Chief Information Officer,Jim
Thorne, Web Developer, and the MIS Department for the work done with the City's website.
City Manager Atteberry recognized Kelly DiMartino, Communication and Public Involvement
Director, for her work assisting a regional conference sponsored by City/County Communications
in Marketing Association.
Councilmember Reports
Councilmember Manvel reported the Regional Air Quality Council was moving forward
aggressively to build a model to help solve the air pollution problems in Denver and Northern
Colorado and is studying what measures might be used to lessen the ozone problem. He stated the
MPO had watched a video prepared by City staff of the proposed Mason Corridor and were
impressed with the possibilities and with the City's Transportation staff. He would be meeting with
State Representative John Kefalas to discuss alternative voting methods to reflect more accurately
the voters' will.
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Councilmember Ohlson stated he was having a District/Community Meeting at the Senior Center
on September 24.
Mayor Hutchinson stated the Colorado Climate Project was nearing completion. The Project is a
statewide effort to identify actions that could be taken throughout Colorado related to climate
change. It looked at the broad range of climate system changes in the state and possible actions with
an analysis of cost and benefit trade-offs. The recommendations will be given to the Governor and
State Legislature.
Public Hearing
on the 2008-2009 Recommended
Biennial Budget for the City of Fort Collins
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
This is the first official public hearing on the City Manager's 2008-2009 Recommended Biennial
f �'of Fort or the et Budg Fort Collins. The purpose of this public hearing is to gather public input on
the 2008-2009 budget.
In an effort to receive further public input, a second public hearing is scheduled for the October 2,
2007 Council meeting. A citizen/Board and Commission open house will be held at the Lincoln
Center on September 17, 6:30—8:00 p.m., to gather feedback on the recommended budget. Public
input will also be taken during the budget adoption meetings on Tuesday, October 16 and Tuesday,
November 20, 2007 at 6:00 p.m. in the Council Chambers.
The City Manager's 2008-2009 Recommended Budget can be reviewed at the Main Library, the
Harmony Branch Library, or the City Clerk's Office. The recommended budget can also be viewed
on the internet at www.fczov.com/budize "
City Manager Attebeny stated there have been major structural changes in the revenue stream in the
past several years. From 2003 through 2005,the City went through a series of across-the-board cuts
that did not make clear what choices were made. To improve transparency in the budgeting process,
Budgeting for Outcomes(BFO)was developed for the 2006-2007 budget. Significant changes were
made in the 2006-2007 budget,including changes to Dial-A-Ride,closing the Youth Activity Center,
reducing the commitment to parks maintenance,reducing library service and cutting lesser essential
services. Over 100 staff positions were eliminated. The recommended 2008-2009 budget is not a
rebuilding budget and does not contain those programs that were cut or eliminated in earlier years.
There are critical enhancements that have been funded. Some existing services that went through
the BFO process are funded at the same level as in the previous budget. Some changes from the
previous budget include providing six new officers and one sergeant for the Southwest Annexation
area and opening of new facilities such as the Police Services Center, the Northside Aztlan
Community Center,and the Spring Canyon Community Park. The Mason Corridor Project uses one-
time dollars,not dollars that can be used for police services or other ongoing needs. If approved,the
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budget will use approximately $2.5 million to leverage another $63 million for a major capital
project that will be a catalyst for future economic growth. There are enhancements to programs that
are needed for basic services for the City organization, such as a Human Resources representative,
a Compensation Analyst and an Accountant. Staff is looking at needs for the year 2010 and beyond
as it is known there will be operations and maintenance costs associated with the Mason Corridor
of about$500,000/year. Revenues are forecast to increase approximately 2.1%for 2008-2009. Sales
tax revenues are expected to increase to approximately 4%by 2010.
City Manager Attebeny stated the idea of the price of government will be an ongoing discussion
as Council considers if the City can continue to meet the expected levels of service the community
wants. The current revenues are not able to meet those expected levels of service. Some of those
services include transportation projects and the pavement management program. The pavement
management audit showed there will be a need for significant funds as soon as 2011. Currently,
about$9 million is dedicated to pavement management and the recommendation is to increase the
funding by$4 million by 2011 to maintain the quality of the City's roads. Police and fire needs exist
as well as park and building maintenance needs that continue to fall behind.
City Manager Atteberry noted the Budget Outreach Open House held the previous evening was well
attended by citizens. There were many questions about the budget,particularly about health, safety
and transportation as well as comments as to how revenues should be spent. Those comments, as
well as other comments that have been received through the City's website will be provided to
Council.
Mayor Hutchinson stated the BFO process has created a budget that is much easier to understand.
The seven Outcomes are services that the citizens need from their government and are the focus of
the proposed budget. No services are put into the budget unless they can be justified within one of
the Outcomes. The seven Outcomes are Economic Health, Environmental Health, Livable
Neighborhoods, Safe Community (Police and Fire), Transportation, Cultural and Recreational
Opportunities and High Performing Government. The budget contains lists under each Outcome that
describe where the money is going, to make the budgeting process as transparent as possible.
Dan Gould, 623 West Mountain Avenue,urged Council to consider the Transportation Outcome as
a basic need and to consider keeping a diversified portfolio of transportation options such as
bicycling,public transportation and pedestrian modes. These are not luxury items,but are essential
services that should be enhanced to enable citizens to better cope with the emerging challenges of
rising fuel costs, environmental concerns and climatic changes.
Lloyd Walker, 1756 Concord Drive,stated the Safe Community Outcome should be a high priority.
He suggested the use of community policing as one way to enhance Police Services. His
neighborhood has established a communication network to keep neighbors informed of activities and
would like to have better communication with Police to assist them. Development of a program to
assist with community policing might provide safer neighborhoods and be a better use of some of
the funds in this Outcome. He did not agree with the reduction in funds for Neighborhood Livability
in the 2009 budget and felt that would negatively impact the quality of life in neighborhoods. He
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supported enhancement of the Code with regard to Building Maintenance and Rental House
Standards as enforcement of the Code had been very successful in his neighborhood in helping to
maintain the quality of life. More funding in these areas would improve the quality of life for
neighborhoods.
Ray Czaplewski, 2012 Huntington Circle, stated "starter home" neighborhoods are becoming
vulnerable and are at risk as they get older which is caused, in large part, by non-compliance with
the Nuisance Code and the Land Use Code by renters and owners. These "starter home"
neighborhoods need to be preserved with the help of the City government. He thanked Council for
making Neighborhood Livability one of the goals of the City and requested funding for the
enhancement offer from Code Enforcement for a summer seasonal hourly inspector.
Rick Price, Bike Fort Collins Boardmember, thanked staff for the inclusion of a balanced
transportation program in the proposed budget. He supported the Mason Corridor Project and
thanked Dan Gould for his work on this Project. The funding the City is providing will be a small
amount to pay to receive federal and state funds to support this worthwhile Project.
Bruce Lockhart, 2500 East Harmony Road, did not support any funding for the Mason Corridor
Project. He stated using reserve funds was a very risky route to take and he did not support taking
that risk. Funding for the Mason Corridor Project should not be a line item in the budget where
citizens cannot bring a referendum against it. The Project should be a separate ordinance so
concerned citizens who do not approve of the Project could have an opportunity to bring the
ordinance to a vote of the people. He opposed any funding for the Bicycle Plan.
Nancy York, 130 South Whitcomb, recommended evaluating the budget based on reducing
greenhouse gas emissions, rating how much energy will be consumed, public and environmental
health impacts, and public affordability with the goal of decreasing government cost. She also
recommended increased funding for the public transit system.
Shane Miller, 4325 Mill Creek, asked what data measured the economic health of the community
and if that data had a strong correlation with the speed of the development process. He also
questioned why the"Building Green"initiative was not funded. He opposed any aesthetic standards
being imposed on property owners.
Karen Miller,Fort Collins citizen, stated her thanks for emergency services and supported funding
to maintain quick emergency response times. She requested the City develop a better plan and
provide sufficient funds for snow removal so citizens who are elderly and homebound could receive
emergency services should they need such services. She did not support any cuts to Dial-A-Ride
services.
Councilmember Troxell requested a report on Transfort ridership, the percent of time the buses
contained fewer than five riders or fewer than 12 riders and any potential alternative,such as the use
of smaller buses to accommodate a small number of riders.
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City Manager Atteber y stated the City did keep a list of individuals who are on oxygen or are
homebound for emergency purposes and a name could be added to the list by contacting the City
Manager's office.
Councilmember Ohlson stated while voters had narrowly defeated two different packages that
contained the Mason Corridor,they had never voted on the Mason Corridor as a stand-alone project.
He requested police begin ticketing bicycle riders who are biking at night without any lights.
Councilmember Roy requested a report on the current status of community policing and what
programs were in place.
Councilmember Manvel asked for clarification on the use of reserves in the 2008-2009 budget.
Mike Freeman, Interim Chief Financial Officer,stated the use of reserves totaling$3 million would
be for 2008 and 2009 and does not jeopardize the City's credit rating or the financial health of the
City. The City's reserves are at a healthy level and staff is confident revenues will increase within
the next four years. The use of reserves would be on a one-time basis for the 2008-2009 budget.
Currently, the City has approximately$20 million in liquid reserves.
Councilmember Manvel stated the City does have certain rules and standards that are imposed on
homeowners and the current proposals modify those rules in minor ways. Most HOAs have more
restrictive rules than the City.
Mayor Hutchinson stated the proposed budget contains a prudent use of reserves to avoid
dismantling needed services and functions for two years,then incurring the great expense of starting
the programs again. The revenue projection model used is quite sophisticated and accommodates
the upcoming changes in the retail sector and regional economic patterns. The use of reserves is to
fill a gap in revenues that projections show will increase in two years.
Councilmember Poppaw asked for an explanation of the Mason Corridor funding. City Manager
Atteberry explained the City will spend$2.5 million from the General Fund to leverage a potential
of$54 million from the Federal Transit Administration. The City is in competition for the federal
dollars. Additionally, the City has received a state grant of$8.56 million for the Project. The City
is pursuing a Downtown Development Authority grant of$600,000. Property located south of
Harmony, owned by the City, would be used as part of the match for a park-and-ride lot. The$2.5
million, which would be a one-time outlay of funds, leverages into approximately a $68 million
project. There will be ongoing maintenance costs in future years, estimated at $500,000 per year,
beginning in 2010.
Mayor Hutchinson stated the Mason Corridor is a concept that has come from looking at the future
of Fort Collins and the role of the area that is encompassed by the Mason Corridor. It is an economic
health initiative and not just a transportation project. The Project does support transit-oriented
development and provides an opportunity for public-private partnerships and would become an
economic health initiative for the future.
Councilmember Ohlson suggested staff should write a Soapbox for the newspaper media that would
provide a history of the Mason Corridor and describe the funding.
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Councilmember Manvel stated transportation was an integral part of the Mason Corridor and would
alleviate traffic on College Avenue in the future. Public transportation is an essential for many
people who have no other method of transportation.
Mayor Hutchinson stated the development review process should be as efficient as possible and is
a key element of allowing Fort Collins to compete in the region. The efficiency adds to the
economic health of the City.
Councilmember Ohlson proposed the City provide earlier outreach during the next budget cycle to
allow more public input before the City Manager and staff develop the budget. City Manager
Atteberry stated a Citizens'Forum was held in May at the beginning of this budget process to receive
public comment early in the process.
Councilmember Poppaw requested easier access to the budget document for citizens that do not have
internet access.
Other Business
Councilmember Poppaw stated Council should consider the issue of uranium mining in Nunn, 15
miles from Fort Collins and examine the economic and environmental impacts.
Councilmember Ohlson stated information on the Comcast Cable basic package is still not easy to
find. The City has a franchise agreement with Comcast and part of that agreement included a"basic
basic"package. City Manager Atteberry stated Council's concern had been explained to Comcast
but the issue is the City's ability to set customer service standards by ordinance.
Councilmember Ohlson expressed his desire to have Council and staff provide questions and
concerns to the federal government about the impacts of the Glade Reservoir to the City and
residents along the Poudre River early in the process of doing the Environmental Impact Study. City
Manager Atteberry stated staff from Water Utilities and Natural Resources were examining
ecological impacts of a decreased flow of the River and an economist from Colorado State
University was examining economic values of the River.
Mayor Hutchinson requested a schedule of the time lines for the Glade Reservoir Environmental
Impact Study and when input from the City and Council would be most productive.
Councilmember Manvel asked for Council support in writing a letter endorsing the Cache La Poudre
River National Heritage Area now under consideration in U.S. SB 128 which would be positive for
tourism in the area and would protect the Poudre River.
Councilmember Manvel made a motion,seconded by Councilmember Poppaw,that Council instruct
the Mayor to write a letter, on behalf of the Council, in support of the designation of the Cache La
Poudre River as a National Heritage Area. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: None.
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September 18, 2007
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 9:00 p.m.
Mayor
ATTEST:
City Clerk
182